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PC_08-18-04_Meeting_MinutesMEETING MINUTES • OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on August 18, 2004. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; William C. Rosenberry, Shawnee District; Robert A. Morris, Shawnee District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; Cordell Watt, Back Creek District; Gene E. Fisher, Citizen at Large; Gary Dove, Board of Supervisors' Liaison; Barbara Van Osten, Board of Supervisors' Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: George J. Kriz, Gainesboro District; and Charles E. Triplett, Gainesboro District STAFF PRESENT: Christopher M. Mohn, Deputy Planning Director; Mark R. Cheran, Planner I; Susan Eddy, Senior Planner; Candice Mills, Planner I; and Renee S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. • MEETING MINUTES - JULY 21, 2004 Upon motion made by Commissioner Morris and seconded by Commissioner Fisher, the minutes of July 21, 2004 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 08/09/04 Mtg. Commissioner Light reported that the CPPS Study Group presented the Rural Areas Study Concept for Development, which is anticipated to be revised in the future, to the CPPS. He said that the CPPS Frederick County Planning Commission Minutes of August 18, 2004 Page 1361 -2- • gave their general consensus to send the Concept for Development to the Planning Commission and the Board of Supervisors. Historic Resources Advisory Board - 08/17/04 Mtg. Commissioner Gochenour reported that the HRAB met last night, but since there was not a quorum, the business at hand had to be postponed until next month. She said that since the purpose of the HRAB is to provide guidance to the Planning Commission and the Board of Supervisors on issues concerning the County's historic resources, the members of the HRAB who were present discussed ways of encouraging current HRAB members to become more active and involved. Economic Development Commission - 08/13/04 Mtg. Commissioner Thomas reported that the EDC discussed next year's upcoming work plan. He said they also discussed the branding exercise being undertaken to set up a recognizable marketing image for Frederick County and the Winchester area. • Sanitation Authority - 08/17/04 Mtg. Commissioner Fisher reported that the Sanitation Authority accepted a bid contract for the Rt. 50 West water and sewer project. Winchester City Planning Commission - 08/17/04 Mtg. Commissioner Ours reported that there has been considerable information in the news about the development that will occur adjacent to the Sacred Heart Church on Amherst Street and Rt. 50 West. Commissioner Ours said that the Winchester Planning Commission is beginning to consider that development and one of the biggest problems they're encountering is the zoning of the retail/residential mix. He explained that the zoning which allows the high -end retail also permits business uses that may be too evasive for that area. In assessing how to best deal with that situation, the Commission is considering modifying the Comprehensive Policy Plan or possibly, using conditional use permits. Commissioner Ours added that the Planning Commission believes the area will be significantly affected by the development of the new Walmart and the commercial areas approved by the County out on Rt. 50 West. • Frederick County Planning Commission Minutes of August 18, 2004 Page 1362 -3- • CITIZEN COMMENTS Mr. Wayne Nicholson, a resident of 123 Princeton Drive in the Shawnee Magisterial District, requested that the County notify all citizens who live within a 2/10 mile radius of properties being considered for rezoning. He believed that citizens within that area could be impacted by a rezoning and should be notified by letter. PUBLIC HEARING Rezoning #05 -04 of Burlington, LLC, submitted by Gilbert W. Clifford & Associates, Inc. to rezone .78 acres from RP (Residential Performance) District to B2 (Business General) District. This property is located east of Winchester and north of Route 50, on the east side of Tulane Drive, and is identified with P.I.N.s 64A -2 -12 and 64A -2 -13 in the Shawnee Magisterial District. Action - Recommended Denial Planner Mark R. Cheran stated that the applicant is seeking the rezoning of this property with the intent of developing a hotel on the parcel to the south and using the .78 -acre site for parking. Planner Cheran said that during the Planning Commission's meeting of May 5, 2004, the applicant requested tabling • of his application to allow sufficient time to address the concerns of the citizens and to rework their proffers. Consequently, the applicant submitted a revised proffer statement, dated August 17, 2004, which has been signed by the property owner, notarized, and reviewed by the County Attorney's Office. Planner Cheran pointed out that the revised proffer statement has been provided to the Commission this evening. Planner Cheran reviewed the revised proffers for the Commission, which he noted were prepared with input from the staff to address concerns raised during the review of the application during the Commission's May 5, 2004 meeting. In conclusion, Planner Cheran stated that the proposed rezoning is in general conformance with the Comprehensive Policy Plan as it relates to commercial use along Route 50. Members of the Planning Commission expressed their objections to receiving revised proffers at the public hearing, which did not allow time for Commissioners to review the proffers or compare them with the proffers previously submitted. Chairman DeHaven pointed out that the applicant has indicated that he is going to request a tabling of this rezoning this evening. Chairman DeHaven said that in fairness to all of the citizens who were present to respond to the application, the Commission would receive public comments this evening. Mr. Ronald Mislowsky with G. W. Clifford & Associates came forward and requested that action on this application be tabled for 30 days. Mr. Mislowsky said that they have possibly discovered a deed restriction on this lot that would prevent its use for anything other than a single - family residence. He said that the owner of the property has not yet had an opportunity to have his attorney examine the situation; he said that if this is indeed the case, they would more than likely withdraw the rezoning application. LJ Frederick County Planning Commission Minutes of August 18, 2004 Page 1363 -4- • Chairman DeHaven called for public comments and the following persons came forward to speak: Ms. Paula Bryant, a resident of 200 Yale Drive in the College Park subdivision, presented a petition, dated August 12, 2004, with 92 signatures of residents in the College Park subdivision who were opposed to the rezoning of this parcel for a hotel parking lot. Ms. Bryant read a prepared statement included with the petition of opposition which raised issues concerning impacts to the quality of life for residents in the existing neighborhood and the possibility of setting a precedent for additional commercial rezoning. Ms. Bryant also had questions concerning the height, lighting, and sign restrictions in the B2 District and who would have responsibility for the continuous maintenance of the landscaping. Mr. Chris Miller, a resident at 106 Price Drive, cited numerous reasons why he was opposed to the proposed rezoning. He said that the traffic and noise would affect the quality of life for the residents of the neighborhood; he said the neighborhood is already experiencing increased traffic and other issues with Shenandoah University. Mr. Miller anticipated decreased property values and a precedent- setting situation for additional commercial rezoning in their neighborhood. He said that the height of the proposed six -story hotel will dwarf the surrounding residential homes. In conclusion, Mr. Miller reported that the lot has become an eyesore because it is being used to store pipe, building materials, tractor trailers, and logs. Mr. Carl Tangeman, a resident on Yale Drive in College Park, was concerned about the negative impact to property values and to the quality of life for the neighborhood residents. He said that this area of the County was already saturated with hotels and motels. Mr. William (Bill) Deck came forward to speak on behalf of his mother, Mrs. Gladys Deck, • a 37 -year resident of College Park. Mr. Deck said the adjacent restaurants have previously clogged the sewer system that runs into College Park with grease which has caused backups into his mother's house. He believed the City of Winchester owned the pipes, however, he requested that before the County added something of this magnitude to the system, the County should consult with the City to determine the degree of impact to the sewer system. Mr. Lance Moss, a resident of College Park, preferred that the Planning Commission recommend denial of the rezoning, rather than tabling it a second time. Mr. Mike Kelley, a resident at 107 Purdue Drive in College Park, said that his home was located on the corner of Purdue and Princeton, and he was on the opposite comer of the property under consideration. Mr. Kelley was concerned about the possible domino affect this rezoning might have for additional commercial rezoning in this area which would isolate his family from the existing neighborhood. Mr. Ronald Walker, a resident at 103 Harvard Drive, was concerned how far this application had gone in the rezoning process before it was discovered the property had a deed restriction. Mr. Walker was also concerned about the possible precedent- setting situation that would be created if this property was rezoned to commercial. Mr. Harley N. Oates, Sr., a resident at 104 Princeton Drive and adjacent property owner, said that he was Mr. Fleet's neighbor, the previous owner of the property under consideration. Mr. Oates said that neither he nor Mr. Fleet had any problems with the Hardees restaurant. In fact, Mr. Oates said that he would rather see a nice restaurant on the property rather than a motel and parking lot . He stated the applicant's • Frederick County Planning Commission Minutes of August 18, 2004 Page 1364 5- • proposed six -foot fence would not provide him with adequate privacy from a six -story hotel. Mr. Oates was opposed to the rezoning of this property. Mr. Larry Cunningham, a resident at 105 Vassar Circle in College Park, agreed with all of the comments made by the previous citizens who spoke. Mr. Cunningham asked all of the people in the audience who opposed the rezoning to please stand. Approximately 20 people in the room stood. Mr. Don Walker, a resident at 105 Harvard Drive, was opposed to a six -story hotel on the property because it would be visually unappealing and he was concerned about the safety of neighborhood children using the bus stop on the comer. Mr. Walker was also concerned about the increasing traffic in the area and the impact to his quality of life, which he has already begun to experience with the expansion of Shenandoah University. Mr. Wayne Nicholson, a resident of 123 Princeton Drive of College Park, expressed his concern that the deed restriction was not discovered until this point in the rezoning process. Mr. Nicholson was opposed to the rezoning because it would negatively impact his quality of life. He did not want to see tractor trailers being parked on the adjoining lot. Mr. Nicholson wanted to make sure the character of the College Park subdivision was preserved; he believed it was unfair to subject the long -time residents of this neighborhood to this situation. Mr. Jim Dean, a long -time resident of College Park, was concerned that the deed restriction was just discovered. Mr. Dean inquired if Shenandoah College had any involvement in this proposal. He also had concerns regarding increased traffic congestion. • Mr. Denny Place, a resident at 111 Princeton Drive, had concerns that if the property was rezoned and sold to someone else, any number of undesirable B2 uses could be established on the property. Mr. Place also inquired how the "green area" across the street was tied into this property. He was also concerned this rezoning would set a precedent for further rezoning requests in this area. Mr. Jerry Shields did not want to see the Planning Commission table this rezoning again; he asked that the Commission deny the rezoning at this evening's meeting. Since everyone had been given an opportunity to speak, Chairman DeHaven closed the public comment portion of the meeting. Mr. Mislowsky returned to the podium to address some of the concerns raised by the citizens who spoke. He said that Tulane Drive will be the main access to Shenandoah University and when the University's Events Center is developed, Tulane will become more of a commercial street than a residential street. Mr. Mislowsky stated that Shenandoah University was not involved in the Burlington rezoning application whatsoever. He explained that in order to mitigate the impact of the proposed parking lot on the adjacent residences, he had proposed a six -foot block wall and the retention of the existing trees on the Fleet's property line, as well as additional trees per the county's ordinance. Mr. Mislowsky commented that should the Shenandoah University seek rezoning of their lots to HE 1, the University should extend the block wall and landscaping feature along their property to create a physical barrier between the HE and commercial uses along Tulane Drive, and the remainder of the residential uses. He said the continuous wall and landscaping would provide some distinction between the uses and provide an entrance feature for the residential subdivision. • Frederick County Planning Commission Minutes of August 18, 2004 Page 1365 • Mr. Mislowsky continued, noting that maintenance of the landscaping would be ensured through the proposed proffers and the structure height, the lighting, and the signs will be regulated by the ordinance. Regarding comments about traffic and noise, he believed a high - quality hotel would generate less of an impact than a convenience store or a fast -food restaurant. In conclusion, Mr. Mislowsky asked the Commission to table their consideration of this rezoning until a determination could be made on the deed restriction question. Mr. Charles W. Maddox, Jr., with G. W. Clifford & Associates, Inc., stated that in his firm's capacity as consultants for Shenandoah University, G. W. Clifford & Associates, Inc. has some understanding of the ideas that have been put forth. Regarding the future use of Tulane Drive, Mr. Maddox said that considerable sums of money have been spent fixing Tulane Drive along the University's frontage, redirecting the roads inside the University, and creating connectivity. Mr. Maddox said that they are attempting to coordinate the landscaping and buffering into a defendable space concept whereby the entrance features along the residential area provide a feeling that you are leaving a commercial area and entering a residential area. It was the opinion of some members of the Commission that rezoning of this particular property to B2 would degrade the Urban Development Area (UDA) protection standard given to the residents of the area; therefore, rezoning would be against the standards of the Comprehensive Policy Plan and the UDA. Upon motion made by Commissioner Rosenberry and seconded by Commissioner Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of Rezoning Application #05 -04 of Burlington, LLC, submitted by Gilbert W. Clifford & Associates, Inc. to • rezone .78 acres from RP (Residential Performance) to B2 (Business General) by the following majority vote: YES (TO DENY) Straub, Gochenour, Watt, Light, Fisher, Rosenberry NO: Unger, Morris, DeHaven, Thomas, Ours (Note: Commissioners Kriz and Triplett were absent from the meeting.) Rezoning #10 -04 of A.P.R. Mini - Storage, LLC, submitted by Foltz Land Surveying, to rezone 2.5473 acres from RA (Rural Areas) to BI (Business Limited) District, and 10.1134 acres from RA (Rural Areas) District to B2 (Business General) District. This property is located on the north side of Route 776, about 500 feet east of the intersection with Route 522, and is identified with P.I.N. 64B -A -38 in the Shawnee Magisterial District. Action - Recommended Denial Candice Mills, Planner I, stated that this rezoning would allow the 12.6607 -acre site to be developed with a proposed mini- storage use on the B2 portion and a proposed office use on the B 1 portion of the site. Planner Mills noted that while these uses are proposed, they have not been proffered by the applicant; therefore, any uses allowed in the B 1 and B2 zoning districts could be constructed on the site. She also is Frederick County Planning Commission Minutes of August 18, 2004 Page 1366 -7- • reported that the specified acreage is within an area of existing RA- residential uses and backs up to the Winchester Regional Airport; the site is within the UDA (Urban Development Area) and the SW SA (Sewer and Water Service Area); the site is within the study limits of the Route 50 East Corridor Land Use Plan, designating commercial land uses for this area; and the site is within the boundaries of the Airport Support Area. Planner Mills added that the Airport Authority has initiated efforts to obtain the northern portion of the site for fee simple acquisition. Mr. Thomas (Ty) Moore Lawson, P.C., of the firm Lawson & Silek, P.L.C., was representing the applicant in this rezoning. Mr. Lawson submitted a revised proffer statement which specified that a traffic impact analysis (TIA) would be conducted, should the initial site provide for a land use with traffic generation exceeding 600 vehicles per day (VPD) on Bufflick Road (Rt. 776). He said that if any second or subsequent site plan is done for the property, the owner will conduct actual vehicle trip counts and in the event said counts conclude there will be greater than 600 VPD, a TIA will be completed to identify necessary road improvements to be made by the property owner. In addition, he said the proffer specifies that improvements must be made within nine months. Mr. Lawson stated that a significant portion of this property will be acquired by the Winchester Regional Airport and the applicant has been in continuous dialogue with the airport officials. He further added that the traffic impact from mini - storage is minimal; he said the number of trips generated is far less than the 600 trips being projected. Some members of the Commission raised the issue of compatibility of a mini - storage use within a residential neighborhood. Questions were raised concerning whether the narrow tar and chip road was suitable for B 1 and B2 uses. Mr. Lawson responded that VDOT's comments had indicated their satisfaction with the transportation proffers. • Another member of the Planning Commission reported receiving a number of a -mails and phone calls from area residents and the prevailing issue was the additional traffic. In addition, the area residents raised a concern about lights and sunshine reflecting off the rooftops of mini - storage units creating an interference for arriving and departing airport traffic. Using the standard traffic impact generation models for B2 property of this acreage, members of the Commission anticipated a significant increase in traffic flow. They were concerned that although the applicant was specifically focusing on this one type of use, mini- storage units, other uses had not been proffered out. Commission members asked the applicant what road system improvements the County may expect, if the traffic exceeded 600 trips per day. Mr. Lawson said that if light reflection is a concern of the airport, the applicant would have no problem using flat, black roofs or some other material that does not reflect light. He stated that the site lighting guidelines within the ordinance will be adhered to and extensive screening will also be used. Regarding possible road system improvements, Mr. Lawson said that the report generated by the traffic study will indicate where possible turn lanes need to be constructed, where a particular road needs to be widened or resurfaced, or if traffic signals are needed. Executive Director of the Winchester Regional Airport, Ms. Serena (Benny) Manuel, stated that in approximately 1992 -1993, the airport updated its 20 -Year Master Plan and as a part of the process, all of the residents along Bufflick Road were invited to review the plan. She explained that this 20 -Year Master Plan included land acquisition of properties towards the east, scheduled to begin after the completion of the airport's major safety capital improvements. Ms. Manuel said that the capital improvements have been completed and the airport's attention is now turning towards the land acquisition. She said that within this year's budget, the airport has monies appropriated to start the acquisition of three parcels per year. She said • Frederick County Planning Commission Minutes of August 18, 2004 Page 1367 -8- • that one of the three parcels the airport is acquiring this year is the A.P.R. mini- storage site; they are anticipating the acquisition of 5.96 acres of the total parcel. Ms. Manuel added that the airport is designated as one of the reviewing agencies when site plans are prepared for adjacent parcels. She said it is the airport's responsibility to ensure that any concerns for shielded lighting are known to future developers. She further added that once the Airport Authority acquires a parcel of land, all existing structures or improvements on that property are removed. Chairman DeHaven called for public comments and the following persons came forward to speak in opposition: Ms. Sherry Jackson, a resident at 215 Bufflick Road, presented a map to the Commission showing a number of residential properties on Bufflick Road that will remain after the airport's land acquisition has been completed. Ms. Jackson was opposed to the rezoning request because she believed it was an attempt to transition from a residential area to a commercial area. She believed the proposed location for this B2 Zoning did not conform with the definition or the intent of the B2 Zoning described in the County Zoning Ordinance, specifically, that B2 Zoning should be located on arterial highways at major interchange areas. Ms. Jackson pointed out that this was a secondary road with a 30 -foot right -of -way and it cannot accommodate large vehicles or large numbers of vehicles without jeopardizing the safety of the residents. She said that if future improvements are needed to Bufflick Road, it would necessitate taking out seven to eight feet of everyone's front yards. In conclusion, she stated that the neighborhood has been in existence for a long time and the residents would like to keep it residential. Ms. Jean Lafollette, property owner at 235 and 236 Bufflick Road, commented that Bufflick • Road is tar and stone and she would like to see it remain that way. She did not want to see the road improved and part of her front yard taken. Mr. John Pearson, a resident at 192 Bufflick Road, commented on the narrowness of Bufflick Road and he expressed concerns about a commercial access to the property under consideration. Mr. Pearson described an existing problem in this area with speeding traffic; he believed a commercial use would only add to the problem. Mr. Pearson was also concerned about water run -off and mentioned a couple of his neighbors who have been experiencing flooding through their properties. Mr. Patrick Eaves, adjoining property owner, expressed his concern that the proposed commercial use was not compatible with an established residential neighborhood. Mr. Eaves believed the use would affect his quality of life. He commented that any business located here would not be visible to the traveling public because it's located down a country road. Mr. Lawson returned to the podium to address some of the comments made by the citizens. Mr. Lawson noted that the site is approximately 400 feet from the Route 522 intersection and, therefore, he did not believe speeding vehicles would present an issue in that short of a distance. He stated that vehicle trip counts for a mini - storage use are very low and this will not be a high- traffic use. Regarding the water runoff issue, Mr. Lawson said that storm water management issues will be addressed at the site plan stage. In conclusion, he pointed out that the airport will be acquiring a large portion of this property, which will make the useable portion of this parcel for commercial use much smaller. Commissioner Gochenour reported receiving a phone call from a neighborhood property owner, Ms. Katie Wisecarver, who could not be present. Commissioner Gochenour said the Wisecarvers were n U Frederick County Planning Commission Minutes of August 18, 2004 Page 1368 • concerned about traffic, an existing flooding problem, and an existing wetlands easement. Since all the citizens who had wanted to speak had been given the opportunity to do so, Chairman DeHaven closed the public comment portion of the meeting. During their discussion of this request, Planning Commissioners raised a number of issues of concern. They pointed out that no uses were specifically tied down, no uses were proffered out, no road improvements were specifically promised, and no impacts to the neighbors have been mitigated even though the site is surrounded by residential on three sides. Commission members considered the application incomplete. Commission members pointed out that although the applicant presently intends to use the property for a mini- storage use, that use could change in the future because it was not a part of a written proffer statement. They believed, therefore, that the traffic impacts would continue to be a legitimate issue. They were concerned about any number of possible B2 uses in the middle of a residential neighborhood. On the contrary, other Commissioners did not believe this area would remain residential; they noted that when an airport is established in an area, the area around the airport ceases to be residential and, consequently, that is why the Comprehensive Policy Plan designates this area for commercial development. They predicted that sometime in the future, possibly 10 -15 years from now, this will be a commercial area supporting the airport. Upon motion made by Commissioner Straub and seconded by Commissioner Rosenberry, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of • Rezoning 410-04 of A.P.R. Mini - Storage, L.L.C., submitted by Foltz Land Surveying, to rezone 2.5473 acres from RA (Rural Areas) to B 1 (Business Limited), and 10.1134 acres from RA (Rural Areas) to B2 (Business General) District, by the following majority vote: YES (TO DENY) Straub, Gochenour, Watt, Unger, Light, Fisher, Rosenberry NO: DeHaven, Thomas, Ours (Note: Commissioners Triplett, Kriz, and Morris were absent.) Upon motion made by Commissioner Ours and seconded by Commissioner Thomas, the Planning Commission voted unanimously to make the additional materials received, specifically Mr. Lawson's and Ms. Jackson's map, a part of the official record. Rezoning #11 -04 of Adams Development Group, submitted by Greenway Engineering, to rezone 59.708 acres from RA (Rural Areas) District to B3 (Industrial Transition) District. This property is located north of the City of Winchester, fronting the west side of Martinsburg Pike (Rt. 11), opposite the intersection with Stephenson Road (Rt. 664), and is identified with P.I.N. 44 -A -75 in the Stonewall Magisterial District. Action - Recommended Approval • Frederick County Planning Commission Minutes of August 18, 2004 Page 1369 -10- • Senior Planner Susan Eddy summarized by stating that the applicants have proffered a generalized development plan (GDP) showing one shared entrance and the layouts of the proposed proffered uses; they have proffered that only offices, office /warehouses, self -service storage, and warehousing land uses will be permitted on the subject property. Planner Eddy reported that the proffered transportation improvements are acceptable to VDOT and there is a monetary contribution to Fire & Rescue. She said that the Northeast Land Use Plan (NELUP) designates this parcel for business land uses and the application is generally consistent with the Comprehensive Policy Plan. Planner Eddy added that staff would encourage further consideration of enhanced design features along Martinsburg Pike. Further, the staff is additionally recommending text revisions to the impact statement to fully address the concerns of the Public Works Department. Commissioner Gochenour, a member of the Historic Resources Advisory Board (HRAB) stated that the HRAB expressed great concern over the type of uses being proposed so near to Kenilworth and they believed these uses were inappropriate and would destroy the viewshed from Kenilworth and Martinsburg Pike. Commissioner Gochenour reiterated comments by the HRAB, noting that the Kenilworth structure is identified as a potentially significant historical structure and is potentially eligible for the state and national register of historic places. She added that a portion of the property is also located within the core area of the Second Winchester Civil War Battlefield, according to the Study of Civil War Sites in the Shenandoah Vallev of Virginia by the U.S. Department of the Interior. She further added that this area is identified as having retained its historical integrity. Mr. Evan A. Wyatt with Greenway Engineering, the design consultants firm, was present to represent Mr. Robert Adams, the property owner. Mr. Wyatt stated that over the past eight years, this parcel has been designated for commercial development as shown first in the County's Route 11 Corridor Land Use Plan and then, the Northeast Land Use Plan. Regarding the traffic proffers, Mr. Wyatt said that they have over 700 feet of frontage on Route 11, which could allow three commercial entrances. He said that they have proffered to eliminate the potential of three entrances in lieu of one commercial entrance which will align with the entrance to APAC, across Route 11. Secondly, the have designated a 20 -foot strip of land to be dedicated to VDOT, in the event an additional travel lane may be desired on the east side. Third, they have proffered a turn lane into their entrance, allowing southbound Route 11 traffic to flow unimpeded into the site. Mr. Wyatt said that a meeting with VDOT generated discussion on regional transportation improvements. He said that per VDOT's request, a traffic evaluation of the area was prepared to determine if any improvements or signalization were needed, particularly at Exit 321. Mr. Wyatt said that a proffer for an off -site improvement for a signalization agreement was prepared as a result of that study. Referring to the HRAB comments, Mr. Wyatt said that they have attempted to mitigate impacts to the viewshed by using 100 feet of distance and a six -foot high earthen berm with a minimum of four -foot tall trees. Mr. Wyatt next spoke of the applicant's commitment to add two additional items to their proffer statement and, pending acceptance of those additions by the Planning Commission, they would modify the proffer statement before the Board of Supervisors' consideration of the pending rezoning. The first item involved the inclusion of a stipulation that all commercial site plans be required to use best management practices for storm water management quality; this narrative will be placed on the commercial site plans and will specify the party responsible for maintenance of those facilities. The second item was the inclusion of enhanced design features along Martinsburg Pike (Rt. 11); specifically, designation of an additional 20 -foot green strip on the other side of the 20 -foot dedicated right -of -way strip, with installation of a two- foot -high earthen berm, low -level landscaping on the berm, and deciduous flowering trees spaced on 30 -foot centers. 11 Frederick County Planning Commission Minutes of August 18, 2004 Page 1370 -11- • Mr. Wyatt also stated their intentions to use an area along the railroad tracks for outdoor storage; a request was made to allow the use of an existing 50 -foot woodlands strip as the ordinance- required buffer for the outdoor storage area. Mr. Wyatt concluded by indicating how they planned to address the wetlands issues during the master development plan and site plan stages. Members of the Commission were concerned about the increased traffic impacts to Martinsburg Pike (Rt. 11), especially considering the cumulative effect on Route 11 from the West Virginia line to Stephenson, due to the large residential subdivisions that were taking place in Berkeley County, West Virginia. They inquired if trip generation requirements were considered for the site plan stage of development. Mr. Wyatt responded that worst -case scenario trip generation figures, using maximum square footage, were used for the traffic study and it was their opinion that actual counts would be less than what was projected. Mr. Wyatt added that they anticipated VDOT's widening of Martinsburg Pike, which is why they included the dedicated right -of -way, the access management control, and their participation in acquisition of traffic signal. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Elwood White, an adjoining property owner at the southeast corner of the Adams' property, was seeking clarification on what the applicant would be installing next to his property with regards to any berms, fencing, or landscaping. He was concerned that any redirection of water run -off may impact his property. Members of the Commission believed that areas of B3 Zoning were needed in Frederick • County, although concerns about the traffic impacts to Martinsburg Pike remained an issue. Upon motion made by Commissioner Light and seconded by Commissioner Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning 411 -04 of Adams Development Group, submitted by Greenway Engineering, to rezone 59.708 acres from RA (Rural Areas) to B3 (Industrial Transition) with the two additional proffered items: First, the inclusion of a stipulation that all commercial site plans be required to use best management practices for storm water management quality; this narrative will be placed on the commercial site plans and will specify the party responsible for maintenance of those facilities. Second, the inclusion of enhanced design features along Martinsburg Pike (Rt. 11); specifically, designation of an additional 20 -foot green strip on the other side of the 20 -foot dedicated right -of -way strip, with installation of a two - foot -high earthen berm, low -level landscaping on the berm, and deciduous flowering trees spaced on 30 -foot centers. Additionally, the request to allow the use of an existing 50 -foot woodlands strip as the ordinance- required buffer for the outdoor storage area along the railroad tracks was recommended for approval. (Note: Commissioners Triplett and Kriz were absent from the meeting.) u Frederick County Planning Commission Minutes of August 18, 2004 Page 1371 -12- • PUBLIC MEETING Subdivision Waiver Request of Centex Homes (Wakeland Manor) for an exception to the Frederick County Subdivision Ordinance, Section 144- 24C(2)b, which requires that no individual lots be more than 500 feet from a state - maintained road. The property is identified with P.I.N.s 75 -A -100 and 75-A -101 in the Shawnee Magisterial District. Action - Approved Planner Candice E. Mills presented a request by Centex Homes to allow the extension of a private road network through their townhouse development in Wakeland Manor, a mixed development with 397 single- family dwellings and 214 townhouses. Planner Mills said the request is to allow 17 townhouse units in Phases 5 and 9 to be located more than 500 feet from a state- maintained road. She said the townhouse development in Wakeland Manor is situated on the eastern side of the future Warrior Drive extension in Stephens City that is being built with the Wakeland Manor Subdivision. She added that Frederick County Fire and Rescue had no comments on the waiver. Mr. Peter Ryneck of B -C Consultants, representing Centex Homes, stated that they were in the process of engineering Section 5 when it was brought to their attention that a waiver would be required to extend the distance between a public road and the units from 500 to 800 feet. Mr. Ryneck said that VDOT has accepted the road that goes around the center circle as a public road; however, all other roads are private. He added that this is an extremely steep sight and they are attempting to save all of the intermittent streams, as well as the trees. • A member of the Commission inquired if the density would be increased and Mr. Ryneck replied no. Chairman DeHaven called for public comments, however, no one came forward to speak. The Planning Commission had no outstanding issues of concern with this waiver request. Upon motion made by Commissioner Morris and seconded by Commissioner Fisher, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve of the Subdivision Waiver Request of Centex Homes (Wakeland Manor) for an exception to the Frederick County Subdivision Ordinance, Section 144- 24C(2)b, which requires that no individual lots will be more than 500 feet from a state - maintained road. (No action was needed by the Board of Supervisors.) (Commissioners Kriz Triplett, and Light were not present for this vote.) • Frederick County Planning Commission Minutes of August 18, 2004 Page 1372 -13- • ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 10:10 p.m. Respectfully submitted, Charles S/DeHaven, Jr., Chairman Eric it. Lawrence, Secretary U • Frederick County Planning Commission Minutes of August 18, 2004 Page 1373