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PC_08-06-08_Meeting_MinutesMEETING MINUTES OF THE i FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on August 6, 2008. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Richard C. Ours, Opequon District; Christopher M. Mohn, Red Bud District; Gary R. Oates, Stonewall District; Cordell Watt, Back Creek District; Greg L. Unger, Back Creek District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; George J. Kriz, Gainesboro District, Gary Lofton, Board of Supervisors Liaison; and Roderick Williams, Legal Counsel. ABSENT: Gregory S. Kerr, Red Bud District; Richard Ruckman, Stonewall District; and Charles E. Triplett, Gainesboro District. STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator, John A. Bishop, Deputy Director - Transportation; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the Planning Commission unanimously adopted the agenda for the August 6, 2008 meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Oates, the meeting minutes of June 18, 2008 were unanimously approved as presented. COMMITTEE REPORTS Transportatio Com mittee — 07/28/08 Mtg. Commissioner Kriz provided details on the following agenda items discussed by the Transportation Committee: 1) Route 11 North Planning Update; 2) 2009 -2010 Interstate, Primary, and Secondary Road Plans; 3) Request by Stephens City for speed limit reductions along certain sections of Route 11; and 4) • Request by Warren County for truck restrictions. Commissioner Kriz also reported on the August 5, 2008 Work Frederick County Planning Commission Page 2300 Minutes of August 6, 2008 -2- Session by the Transportation Committee which focused on red -light cameras. ------- - -- - -- Natural Resources Committee Commissioner Kriz reported that the Natural Resources text for the Comprehensive Policy Plan is moving along and should be ready within the next couple months. NAICS Work Group — 07/31/08 Mtg. Commissioner Oates reported that the NAICS Work Group is continuing work on the M1 Section of the ordinance and the staff has prepared a matrix of work completed to date. Conservation Easement Authority (CEA) Commissioner Watt announced a meeting on August 12, 2008, at 6:00 p.m., at Wayne and Sam Snapp's Farm to inform the public on Conservation Easements. He said if anyone has questions, please contact Diane Kerns. Rural Areas Working Group 07131/08 Mtg. Commissioner Manuel reported on the first meeting of the Rural Areas Working Group. He said this was an organizational meeting and the group reviewed previously- expressed issues and solutions. He said the group will also consider new ideas from elected officials and the public and subsequently, an ordinance revision will be drafted and forwarded to the Board of Supervisors. Area Land Plans Group and Transportation Committee Joint Work Session — 08/01/08 Mtg. Commissioner Oates reported that the members of the Area Land Plans Group and the Transportation Committee discussed road plans, planned uses, and the possible relocation or expansion of the Bnicetown.and'Hopewell Roads intersection. • Frederick County Planning Commission Page 2301 Minutes of August 6, 2008 -3- CITIZEN COMMENTS • Chairman Wilmot called for public comments on any subject not on the Commission's agenda for this evening. No one came forward to speak. PUBLIC HEARING Conditional Use Permit 907 -08 for Martin Deiseroth for a Cottage Occupation/Home Office at 1471 Shockeysville Road (Rt. 671). This property, zoned RA (Rural Areas), is identified with P.I.N. 07-4-3-4 in the Gainesboro Magisterial District. Action— Recommended Approval with Conditions Zoning and Subdivision Administrator, Mark R. Cheran, reported that this use will take place in the applicant's residence; no other structures associated with the use are located on this site. He said there will only be one employee, the owner, who will be providing accounting services. Mr. Cheran stated that based on the limited scale of the proposed use and the review agency comments, it appeared the use will not have any significant impacts on adjoining properties. Mr. Cheran next read a list of recommended conditions, should the Planning Commission find the use to be appropriate. Mr. Martin Deiseroth was available to answer questions from the Commission. • Chairman Wilmot called for public comments; however, no one came forward to speak. Chairman Wilmot then closed the public comment portion of the hearing. No questions or issues were raised by Commission members. Upon motion made by Commissioner Kriz and seconded by Commissioner Oates, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 407 -08 for Martin Deiseroth for a Cottage Occupation/Home Office at 1471 Shockeysville Road (Rt. 67 1) with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than one employee allowed with this conditional use permit, other than members of the family residing on the premises. No more than ten customers per week. 3. Any proposed business sign shall conform to cottage occupation sign requirements and shall not exceed four square -feet in size. 4.4 Any expansion or modification of facilities will requir6�a iiew conditional use`permit. (Note: Commissioners Kerr, Ruckman, and Triplett were absent from the meeting.) • Frederick County Planning Commission Page 2302 Minutes of August 6, 2008 • Conditional Use Permit 908 -08 for Shenandoah Gas for an extension of a previously- approved monopole structure, located at 350 Hillandale Lane, from 120 feet to 180 feet. This property, a 10.9 -acre site zoned MI (Light Industrial), is identified with PIN 963 -A -2 in the Shawnee Magisterial District. Action — Recommended Approval with Conditions Zoning and Subdivision Administrator, Mark R. Cheran, reported that this proposed conditional use permit (CUP) is for an extension of the existing monopole -type tower from 120 feet to 180 feet. Mr. Cheran stated that the 180 -foot tower will have setbacks of approximately 300 feet from Hillandale Lane (Rt. 651), 152 feet from the rear property line, 337 feet from the right property line, and 595 feet from the left side property line. The setbacks were calculated with CUP # 11 -02 in order to meet future extension of this tower from 120 feet to 180 feet. He noted that CUP # 11 -02 was approved by the Frederick County Board of Supervisors on November 13, 2002. Mr. Cheran said the zoning ordinance specifies that a CUP for a commercial telecommunications tower may be permitted provided that residential properties, land use patterns, scenic areas, and properties of significant historic values are not negatively impacted. Mr. Cheran next read a list of recommended conditions, should the Planning Commission find the use to be appropriate. Commissioner Unger inquired if additional setbacks were needed for the extended structure. Mr. Chian replied no he said the setbacks and fall ratio for CUP 411-02 were calculated to meet the extension of the structure to 180 feet. A representative for Shenandoah Gas was available for questions from the Planning Commission. Chairman Wilmot opened the public hearing for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Chairman Wilmot asked the staff if the applicant agreed to the requirements of the Winchester Regional Airport. Mr. Cheran replied the applicant is meeting all the requirements from the Federal Aviation Administration (FFA), including the comments on lighting. Commissioner Manuel made a motion to recommend approval of the conditional use permit with the conditions recommended by the staff. This motion was seconded by Commissioner Ambrogi and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 408 -08 for Shenandoah Gas for an extension of a previously - approved monopole structure, located at 350 Hillandale Lane, from 120 feet to 180 feet, with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. The telecomtnunication tower 4 shall - be available for collocating personal wireless services providers. In the event a telecommunication tower is not erected within 12 months of the approval of this conditional use permit, then the conditional use permit will be deemed invalid. 4. The telecommunications tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. Frederick County Planning Commission Page 2303 Minutes of August 6, 2008 -5- • 5. Any expansion or modification of this use will require a new conditional use permit. 6. Approval of this conditional use permit will void CUP 411 -02 of Shenandoah Gas for a 120 -foot monopole structure. (Note: Commissioners Kerr, Ruckman, and Triplett were absent from the meeting.) Rezoning #04 -08 of Red Hawk Estates, submitted by Painter- Lewis, P.C., to rezone 85.3 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for up to 240 residential units. The properties are located north and south of Sulphur Spring Road (Route 656) and east of Greenwood Road (Route 655). The properties are further identified with P.I.N.s 65 -A -86, 65 -A -8613, 65- A-98, 65 -A -102, and 65- A -102A. Action — Tabled for 45 Days Deputy Planning Director, Michael T. Ruddy, reported the request is for residential rezoning for up to 69 single - family detached and 170 townhouses. Mr. Ruddy said that property is within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). He said the Comprehensive Policy Plan's Eastern Frederick Comity Long -Range Land Use Plan provides no specific guidance as to the future land use designations in this area, however, the use of adjacent land is a significant consideration. Mr. Ruddy next • reviewed the transportation issues in this particular area. He then described how the applicant is proposing to generally develop and access the property. Particularly, Mr. Ruddy noted the applicant is proposing to dedicate right -of -way and construct four lanes of Chanting Drive to the ultimate section across their property only and to construct two lanes from this point out to Route 50. No improvements are proposed for Sulphur Springs Road. Mr. Ruddy pointed out that Sulphur Springs Road, in conjunction with Greenwood Road, has been a long- standing County transportation priority and is currently at the top of the Secondary Road Improvement list. Mr. Ruddy suggested careful consideration of the proposed trigger mechanisms for transportation improvements. In conclusion, Mr. Ruddy stated that while the property is located in the UDA, the residential land use proposed in this rezoning should be carefully evaluated in consideration of the surrounding land uses. The staff believed many of the impacts associated with this rezoning request had not been mitigated. In particular, Sulphur Springs Road and Charming Drive; existing County facilities, such as the shooting range; development impact model values; and the proffer statement language were recognized concerns. Mr. R. J. Turner of Turner Enterprises, LLC, was the owner and applicant for Red Hawk Estates rezoning application. Mr. Turner introduced the following members of his team: Mr. Barry Carpenter, Land Planner, with Sympoetica, Mr. John Lewis, Engineer, with Painter - Lewis, PLC; Mr. John Callow and Mr. Micahel C. Glickman with PHR &A, Traffic Impact Analysts; and Stephen L. Pettler, Jr., Legal Counsel, with Harrison & Johnston_ PLC. Mr. Stephen L. Pettler, Jr., with Harrison & Johnston, PLC, Legal Counsel, came forward to provide an overview of the project and to address a number of points that were raised. Mr. Pettler said the new fiscal impact model numbers will be incorporated in future proffer statements as the application moves through • the rezoning process. In addition, the applicant and Arcadia have an oral understanding regarding the transportation infrastructure and a written agreement is currently being negotiated. Mr. Pettler described which lanes of Charming Drive were anticipated to be constructed and to which points. He also clarified the issues Frederick County Planning Commission Page 2304 Minutes of August 6, 2008 involving the shooting range and presented an email noting that the Sheriff is satisfied with the monetary proffer • addressing the shooting range. Commissioner Kriz wanted further clarification on the construction of the road through Arcadia. Mr. Pettler replied that Mr. Turner is proffering to build two lanes for the entire distance and will not construct any townhouses on the property until completion; Arcadia will have the responsibility for the other two lanes, assuming everything is worked out to the satisfaction of all parties. Mr. Barry Carpenter of Sympoetica, a community planning and design firm, described the concept plan and the generalized development plan for the Commission. Commissioner Oates commented that the only existing business in this area is the landfill and Perry Engineering; he said it appeared the applicant was depending on the adjoining Arcadia to supply the business through their town center. Commissioner Oates said he had trouble visualizing this proposal as anything other than a typical subdivision and not new urbanism. Commissioner Thomas asked Mr. Carpenter for clarification of a reference on the plan to "improved" Sulphur Springs Road; he inquired if the applicant was constructing the travel lane with curb, gutter, and sidewalk illustrated on the plan. Mr. Carpenter replied that the applicant was not anticipating making those improvements along Sulphur Springs Road. Mr. John Callow, Vice - President of PHR &A, the transportation engineers, stated that the staff had strongly encouraged the applicant to dedicate the right -of -way and subsequently, the construction of Charming Drive. Mr. Callow said this was an enormous undertaking for the few 200 -230 homes generating 2,000 trips per day; he said they were committed to building a road section that would accommodate 30,000- 45,000 trips per day. He spoke about the cost of constructing that section and the two lanes through Arcadia. Mr. . Callow believed the greatest expense in road construction is the mobilization of the equipment; therefore, he anticipated the entire road would be constructed all at once. Chairnan Wilmot opened the public hearing to citizen comments. The following persons came forward to speak: Mr. John Shuman, 1365 Greenwood Road, was concerned about roads and safety. Mr. Shuman, a resident since 2000 and a member of Greenwood Fire Company, said four people have been killed in automobile accidents along this winding road. Mr. Shuman said he was not against the project, however, he believed the priority should be for the roads to be improved and completed. Mr. Shuman said the priority for the area between Route 7 and Route 50 should be crossover roads, not just part way to Senseny Road, but complete crossover roads from one section to another until Route 37 is constructed. No one else wished to speak and Chairman Wilmot closed the public comment portion of the public hearing. Mr. Gregg Hoffman, VDOT representative, came forward to answer questions from the Commission. Commissioner Thomas stated that the proffer language would seem to allow a substantial number of houses to be constructed in the southern pod and traffic could be funneled up to Sulphur Springs Road before the Charming Drive connection is made at Route 50. He asked Mr. Hoffman if Sulphur Springs Road would be able'to handle the iidditioiial'traffic at that point. Mr. Hoffman said the road could probably +handle a hundred units, but not much more. Commissioner Thomas asked Mr. Hoffman if he could foresee any challenges at the Route 50 intersection with constructing two lanes of the four -lane section first and then connecting into Route 50. Mr. Hoffman didn't anticipate a problem with two lanes. • Frederick County Planning Commission Page 2305 Minutes of August 6, 2008 -7- Mr. John Bishop, Deputy Director - Transportation, came forward to answer questions from the ® Commission. Commissioner Manuel commented that the TIA was almost two years old and he asked Mr. Bishop if it was cause for concern. Mr. Bishop replied the only development activity in this area that might impact the applicant's TIA was the Governor's Hill project, which has been in flux. Therefore, the staff did not request another TIA. Transportation issues were a primary concern for the Commission. Commissioners stressed the importance of completing road infrastructure improvements before the construction of housing, especially the Channing Drive connection through the applicant's property and the adjoining Arcadia property, in order to get the traffic out to Route 50. Without a written agreement between the owners of Red Hawk Estates and the Arcadia property regarding which party was responsible for their particular transportation component, members of the Commission believed there were no guarantees the road would be completed satisfactorily. In addition, they were not comfortable with tying the completion of the road to building permits and suggested the applicant use a date for completion or coincide it with the Sulphur Springs Road improvements. Commissioners said a number of presumptions were taking place by this applicant with regard to Arcadia, particularly, when Arcadia would develop and what type of development would take place. Commissioners also commented they had trouble visualizing this project as anything other than a typical residential subdivision because it seemed to be relying on the Arcadia project for the cornmercial/business component of a new urbanism development. Furthermore, no improvements along Sulphur Springs Road or the intersection of Route 50 were planned by the applicant. Another issue of concern for the Commission involved the appropriateness of a residential development next to an outdoor shooting range and the need for a disclosure to future home buyers. The monetary contribution by the applicant towards a new indoor facility appeared to be wholly inadequate. Conunission members believed it was premature to send this application to the Board of Supervisors because so many of the underlying critical components of this project were not yet solidly in place. i A motion was made by Commissioner Manuel for denial. This motion was seconded by Commissioner Oates, but the motion was defeated by the following vote: YES (TO DENY) Manuel, Oates, Wilmot NO: Unger, Watt, Ambrogi, Thomas, Ours, Kriz, Mohn (Note: Commissioners Ruckman, Triplett, and Kerr were absent from the meeting.) A new motion was made by Commissioner Thomas to table the rezoning for 45 days to allow the applicant to further coordinate with Arcadia and to work on the issues raised. This motion was seconded by Commissioner Ours and passed with a majority vote. BE IT RESOLVED, that by a majority vote, the Frederick County Planning Commission does hereby table Rezoning 904 -08 of Red Hawk Estates, submitted by Painter - Lewis, P.C., to rezone 85.3 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for 45 days to allow the applicant more time to address the issues raised by the Commission and the staff. The majority vote was as follows: YES (TO TABLE) Unger, Watt, Ambrogi, Wilmot, Thomas, Ours, Kriz, Mohn NO: Manuel, Oates • (Note: Commissioners Ruckman, Triplett, and Kerr were absent from the meeting.) Frederick County Planning Commission Page 2306 Minutes of August 6, 2008 WE • Rezoning Application 405 -08 of BPG Properties, Ltd./ I -81 Distribution Center, submitted by BPG Properties, Ltd., to rezone 59 acres from RA (Rural Areas) District to B3 (Business - Industrial Transition) District, with proffers, for office and warehouse uses. The properties are located approximately 0.61 miles north of the Route 11 intersection with Cedar Hill (Route 671), bounded on the west by I -81, and on the east by Martinsburg Pike (Route 11). The properties are further identified with P.I.N.s 33 -A -109 and 33 -A -110 in the Stonewall Magisterial District. Action – Tabled for 45 Days Commissioner Oates announced for the record that he abstained from the original discussion of this application last winter because of work he did for the property owner and a discussion of a real estate transaction with him a. number of years ago. Commissioner Oates said he consulted with the Planning Commission's legal counsel and was advised it would be okay for him to participate in the discussion this evening. Deputy Planning Director, Michael T. Ruddy, reported that this land use designation is consistent with the County's land use designation in the Comprehensive Policy Plan. Mr. Ruddy said the Eastern Road Plan of the Comprehensive Policy Plan includes this portion of the County; the Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility; the plan also recognizes that any new project should ensure that a Level of Service (LOS) Category C or better is maintained upon area roads and intersections. He said the HRAB comments and mitigation of the corridor appearance and improved aesthetic qualities have • been addressed with this application to a greater extent than previously. The applicant has proffered a significant amount of landscaping along the frontage of Route 11, in addition to a hiker/biker path. Landscaping, consisting of shade trees along the frontage of I -81, has also been proffered. He said the applicant has made commitments on the square footage of the use and the type of use and the applicant has prohibited a variety of uses normally allowed in the.133 District. Mr. Ruddy said some uses that would generate trips, such as food stores and hardware facilities are still allowed. The applicant has proffered a GDP (Generalized Development Plan) which identifies the site layout and large buildings. Flexibility has been written into the proffers, allowing one or multiple buildings. Mr. Ruddy said the staff review and agenda were assembled based on the proffer statement submitted with the application. He said following the circulation of the proffer statement, the applicant modified the proffer statement to address some additional uses, but also to address comments made by legal counsel, Robert Mitchell, and were circulated to the Commission on July 19 and July 20, outside of the agenda package prepared by the staff. Mr. Ruddy next talked about the transportation program. He said the applicant has proffered monetary contributions and has clarified to the satisfaction of VDOT and the County all of the trigger mechanisms and the approach to addressing the transportation improvements associated with this site. He noted the monetary value for improvements has been proffered, rather than actual construction of improvements by the applicant to obtain the LOS C. Deputy Director- Transportation, John A. Bishop, stated the over - riding issue raised when this property was considered for a different zoning designation was the form of the cash transportation proffer. Mr. Bishop said there were various levels of transportation proffer that were triggered by trip counts. He said staff had concerns about this due to the long -term natiue "arid the'bmaauctacy it would create. He said the applicant has since modified this to a $350,000 cash proffer and also the willingness to do a signalization agreement. The proffer has been further modified —during the first review there was lack of clarity of specifically how much right -of -way was to be proffered for the ultimate section of Route 11. Mr. Bishop said he, as well as VDOT • representatives, have spent considerable time with the applicant and their engineers going over the planned road system for Route 11 and what would be needed; he said they are satisfied now that the ten foot being proffered will meet those needs. The ten -foot bike lane remains the same as the previous proffer, while the entrances Frederick County Planning Commission Page 2307 Minutes of August 6, 2008 -9- proposed have been reduced to one. Another issue that was important to staff and VDOT was the alignment of • the entrance with Branson Spring Road. This is not taking place; however, because of right -of -way constraints and the inability to install a right -turn lane. Mr. Bishop said the applicant has proffered to put the entrance 700 - feet south of Branson Springs Road and utilize this as a temporary entrance until such time as the properties to the north develop.. He said the County would oversee the development, so the entrance could be made available at Branson Springs and this applicant has indicated a willingness to take part through their proffer. Mr. Bishop said another, issue discussed which is not a part of the proffer package involves the Northeast Land Use Plan Update and the transportation network, which includes an extension of Branson Springs Road across I -81 as a new crossover. He said this was pointed out to the applicant, however, the applicant has chosen not to recognize this issue at this time. Mr. Bishop next explained how this would impact the applicant's property. In addition, the applicant has made an effort to proffer out a number of uses; however, two uses that were not proffered out were hardware stores, which would allow a Home Depot, and food/grocery stores. Commissioner Oates questioned the background traffic counts, he noted the Easy Living Mobile Home Park and the Clearbrook Business Center, which adds approximately another 15,000 trips to the background traffic. Commissioner Oates advised that a consistent list for applicants be prepared so that everyone is using the same amount of background traffic. Mr. Bishop said one item the staff focused on during the first review was the fact that the wrong trip generation was being used for Rutherford Farm. He said the staff and VDOT have worked with the applicant and this has been taken care of, along with some other small issues. Commissioner Thomas commented on the truck traffic generation numbers and the direction of travel for trucks and vehicles. He questioned how the traffic impact could be mitigated when there is not enough room for a left -turn lane; he said there's not much stacking room for 18- wheelers south from Rest Church Road • on Route 11. He said there's no way for the developer to deal with it because the right -of -way is unavailable. He said the County or the State would have to take action to acquire the property to be able to build a left -turn lane and enough stacking distance on a double left -turn lane for stacking. Commissioner Thomas questioned if there was not enough property to fix the problem geometrically or structurally, if there was a non - structural way to fix it through some type of traffic management plan. Mr. John H. Foote of Walsh, Colucci, Lubeley, Emrich & Walsh, P.C., was representing BPG Properties, Ltd., the applicant in this rezoning. Mr. Foote introduced the following members of the project team who were also representing the applicant: Mr. Michael J. Coughlin of Walsh, Colucci, Lubeley, Emrich & Walsh, P.C.; Mr. Daniel M. DiLella, Jr. and Mr. John Knott, principles with BPG Properties, Ltd.; Mr. John Callow and Mr. Michael Glickman, traffic engineers with Patton, Harris, Rust & Associates, P.C. (PHR &A); Mr. Denny Dunlap with Triad Engineering; and Mr. Peuro Russo, intern with BPG Properties, Ltd. Mr. Foote noted that the land use proposed was compatible with Frederick County's Comprehensive Policy Plan; he also referred to the revised proffer statement, dated July 21, 2008. He discussed the revisions within the proffer statement which included: 750,000 square feet of permitted use located within one building or within multiple buildings; one entrance to the property with availability for access by adjoining property and inter -parcel connection; removal of food stores and hardware stores as permitted uses; utilization of Ml side yards and setbacks; enhanced landscaping; modifications to modeling for traffic generation by Rutherford farm and background traffic with growth rates; and the use of ITE trip generation numbers for traffic modeling. Mr. Fodte said'the'applicanPhas estimated the cost of background improvements to be $3.1 million and the percent of impact from this project to be 7.1% on trip generation, which totaled $220,000. He said their $350,000 contribution covers traffic signalization; a share in the construction of the Hopewell/Brucetown road; and the left -turn lane at Rest Church Road. F_ I L Frederick County Planning Commission Page 2308 Minutes of August 6, 2008 -10- . Mr. Michael Glickman, traffic engineer with PHR &A, came forward to explain the applicant's • determination that this project's truck traffic portion was 7.1% of all the existing traffic on Route 11, although it is higher at the interchange ramps. Mr. Glickman stated that peak -hour traffic counts, which include employee traffic, were used in their analysis, rather than daily truck percentages. He said there is an even distribution of truck traffic during the day with a warehouse use. _ Cormmissioner Thomas disagreed that the number of employees entering and leaving the site would be a big factor in the trip generation because they would be exiting north and south on Route 11; however, he did believe the number of tractor trailers was paramount because the destination for a tractor - trailer was solely I -81, north or south. Commissioner Thomas was concerned about a realistic projection on the impact at Rest Church Road. (Note: Commissioner Watt left the meeting at this point.) Mr. Daniel L. DiLella o£BPG Properties came forward to add his thoughts to the discussion on truck traffic generated by the proposed use. He did not believe the numbers of trucks generated by the proposed use would be as high as the Commission anticipated them to be. He said they conducted actual trip counts at other facilities, for example the 720,000 square -foot Home Depot facility, and the truck traffic count was 22 during a peak hour. He believed the reality of the proposed facility would not be the counts indicated by ITE. Chairman Wilmot next opened the public hearing for citizen comments and the following person came forward to speak: Mr. George Sempeles, a property owner in the Stonewall District, said he was in favor of growth and development along Route 11 North. He believed this area needed business growth in order to fund the road improvements needed at the Brucetowm interchange and the Route I I/Rest Church entrance. Regarding the issues involving truck traffic, he commented that the new FBI Records Management site will not generate truck traffic, thereby reducing the amount of background traffic. He said his ITE changed dramatically with the transition from an industrial park to the records center for the FBI. Furthermore, he pointed out an additional 12 -foot right -of- way reserved along his side of the road for a left -turn lane within the corridor between Clearbrook and Rest Church, which could be used to accommodate traffic. No one else wished to speak and Chairman Wilmot closed the public comment portion of the public hearing. Mr. Greg Omp and Mr. Jerry Copp, VDOT representatives, came forward to answer questions from the Commission. They discussed the practical application versus ITE trip generation numbers in determining the anticipated truck traffic and car traffic generated by the proposed use. The inadequacy of transportation infrastructure in this area and concerns about the impact of additional truck traffic from the proposed use in addition to existing background traffic continued to be discussed by the Commission. They questioned whether the applicant's monetary contribution towards transportation infrastructure was sufficient and whether the traffic impacts from the proposed use were adequately addressed. The lack of sufficient right -of -way at this location to geometrically or structurally remedy the situation was discussed. Commissioner Oates commented there had been some successful rezoning projects in this area and a couple things those successful projects had in common were the installation of a split -rail fence along the ® corridor and each of the projects not only agreed to dedicate the ten -foot right -of -way along Route 11, but to build their section of the 12 -foot lane across the entire frontage. He said the Comprehensive Policy Plan calls for Route 11 to be a four -lane divided highway. He suggested this project's applicants should consider following suit with Frederick County Planning Commission Page 2309 Minutes of August 6, 2008 -11- these provisions. Since Commissioner Oates was familiar with this area and it's traffic, he disagreed with two- thirds of the traffic going to Rest Church to access I -81; he said he would travel right on Route l 1 towards Hopewell and then to I -81 south; he said it would be quicker than trying to make lefts. Commissioner Oates agreed with eliminating hardware and food stores as an allowed use. In conclusion, Commissioner Oates said the Planning Commission's Bylaws state that if revised proffers are not received prior to the agenda mailing, the Commission should table the application in order to provide time for the public to review the new proffers. Upon motion made by Commissioner Oates and seconded by Commissioner Kriz, BE IT RESOLVED, that the Frederick County Planning Commission does hereby table for 45 days Rezoning Application #05 -08 of BPG Properties, Ltd./ I -81 Distribution Center, submitted by BPG Properties, Ltd., to rezone 59 acres from RA (Rural Areas) District to B3 (Business- Industrial Transition) District, with proffers, for office and warehouse uses, in order to provide the public with an opportunity to review the revised proffers that were submitted after the agenda mailing and to give the applicant the opportunity to refine the application based on the issues raised. The vote was unanimous for tabling. (Note: Commissioner Watt was absent for this vote, Cominissioners Ruckman, Triplett, and Kerr were absent from this meeting.) Draft Update of the 2008 -2009 Frederick County Secondary, Primary, and Interstate Road Improvement Plans. The Secondary, Primary, and Interstate Road Improvement Plans establish priorities for improvements to the secondary, primary, and interstate road networks within Frederick County. Comments from the Transportation Committee will be forwarded to the Planning Commission and the • Board of Supervisors. Ultimately, the priorities adopted by the Board of Supervisors will be forwarded to the Commonwealth Transportation Board for consideration. Action — Recommended Approval Deputy Director - Transportation, John A. Bishop, presented Frederick County's 2009 -2010 Interstate, Primary, and Secondary Road Improvement Plans. Mr. Bishop reported no changes to the Interstate and Primary Road Improvement Plans; however, he pointed out a number of projects have been added or removed from the Secondary Road Improvement Plan, due to completion or in recognition of County priorities. Mr. Bishop began his review with the Major Road Improvement Projects, noting Sulphur Springs Road, the County's number one priority, which is a fully - funded secondary project moving forward in preliminary design. He noted that Brucetown Road was promoted just recently to Item 42, as a result of discussions by the Transportation Committee and the Board of Supervisors to prioritize some of the secondary needs. He said the remaining projects, East Tevis Street, Senseny Road, Warrior Road, the Spine Road Connection, and Iverlee Way are carried over from last year. Regarding the Hardsurface Road Improvement Projects, Mr. Bishop commented that this section experienced most of the recent cuts. He said the final three projects, Ridings Mill Road, Warm Springs Road, and Woodbine Road have all lost their funding for the next six years. The staff is recommending these projects , the scheduled list and as some of the funding is returned over the next, few, years those would still be the next projects to be funded. Mr. Bishop noted the addition of Glaize Orchard Road, Project #21, in the Secondary Road Improvement Plan; and the top priority of the Incidental Construction Plan, the Stephenson Road Drainage Improvement Project, had recently been completed and will be removed from the list. Blossom Drive, right -turn lane, may also be completed and removed from this list. He said the largest addition is Item # 10, Pack Horse Road, which is another drainage improvement project. Frederick County Planning Commission Page 2310 Minutes of August 6, 2008 -12— Commissioner Unger inquired about Germany Road; fie said the road is graded almost every . time it rains, creating a mud hole. He though VDOT might save money if they were to tar and chip the road. In addition, he said there was very poor drainage at the end of Germany Road and during winter months, when water runs down the road across Marlboro Road, it freezes and causes traffic accidents. Commissioner Unger asked about the possibility of installing a culvert across Marlboro. Mr. Jerry Copp, VDOT's Resident Engineer, said he would take a look at the drainage problem on Germany Road. Mr. Copp next explained about the increased costs of materials associated with road improvements. Chairman Wilmot called for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Oates and seconded by Commissioner Kriz, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of the draft update of the 2008 -2009 Frederick County Secondary, Primary, and Interstate Road Improvement Plans, as recommended by the Transportation Committee. Committee Appointments Chairman Wilmot announced the appointment of Ms. JoAnne Leonardis, who is currently on the Community Facilities Standing Committee of the Comprehensive Plans and Programs Subcommittee (CPPS), to the Comprehensive Plan Standing Committee. Chairman Wilmot added that Maya Sparks - White, who specializes in Greenways and Habitats, would like to contribute on an email basis. ADJOURNMENT vote. • There being no further business to discuss, the meeting adjourned at 10:20 p.m. by a unanimous Frederick County Planning Commission Page 2311 Minutes of August 6, 2008 Respectfully submitted,