PC_04-16-03_Meeting MinutesMEETING MINUTES
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OF THE
FREDERICK COUNTY PLANNING COMMISSION
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Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on April 16, 2003.
PRESENT: Charles S. DeHaven, Jr., Chairman/ Stonewall District; Roger L. Thomas,Vice
Chairman / Opequon District; John H. Light, Stonewall District; Greg L. Unger, Back Creek District; Pat
Gochenour, Red Bud District; Charles E. Triplett, Gainesboro District; Richard C. Ours, Opequon District;
William C. Rosenberry, Shawnee District; Robert A. Morris, Shawnee District; Gene E. Fisher, Citizen at
Large; George J. Kriz, Gainesboro District; Cordell Watt, Back Creek District. Richard Schickle, Board of
Supervisors Liaison; and Jay Cook, Legal Counsel.
ABSENT: Marie F. Straub, Red Bud District; and Vincent DiBenedetto, Winchester City Liaison.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning
Director; Abbe S. Kennedy, Senior Planner; Jeremy F. Camp, Planner 11; and, Renee' S. Arlotta, Clerk.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
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MEETING MINUTES - FEBRUARY 19 2003 AND MARCH 5, 2003
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the
minutes of February 19, 2003 were unanimously approved as presented.
Upon motion made by Commissioner Rosenberry and seconded by Commissioner Thomas,
the "minutes of March 5, 2003 were unanimously approved as presented.
Frederick County Planning Commission
Minutes of April 16, 2003 Page 1056
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• COMMITTEE REPORTS
Historic Resources Advisory Board (HRAB)
Commissioner Gochenour reported thatthe HRAB did not meet in April because there were
no pending applications. Commissioner Gochenour expressed her concern that the desires of the FIRAB
members are not being honored because in December 2002, itwas the consensus ofthe HRAB members that
they wished to meet during 2003 at least once per month to become more informed about the history of
Frederick County. She said their purpose in doing so was to make better - informed decisions regarding
applications. She said her purpose in bringing this issue tothe Commission was that perhaps the Commission
and the staff could become more involved with supporting the HRAB in historic preservation.
Economic Development Commission (EDC) - 04/11/03 Mtg.
Commissioner Thomas reported the EDC's start -up of the out - commuter study for the
Frederick County and Winchester area.
0 Sanitation Authority (SA) - 04/15/03 Mtg.
Commissioner Fisher said the SA's Director, Mr. H. Wellington Jones, reported that rainfall
for March was 33 inches and the total for the W inter was 24 inches; normal rainfall is 18 inches. This amount
reduces the deficit from four years ago down to about three inches. Commissioner Fisher reported that USGS
has officially announced that the drought is over.
Commissioner Fisher said that in responseto a number of telephone inquiries received by the
SA, Mr. Jones explained about the water situation at the Northern Treatment Plant. He said that comparatively
speaking, hardness of City water is a little over 100 ppm; the South quarries are about 250 ppm; and the
Northern Treatment Plant water is about 350 ppm. Ile said there is no deficiency in the water quality, however,
it is a harder source of water.
PUBLIC MEETING
Review of Site Plan 914 -03 of the Ban k of Clarke County at M illbrook Drive and a request fora waiver
to the entrance requirements of the Frederick County Code, Chapter 165, Zoning. The property is
located at the northeast corner of Route 7 and Millbrook Drive and is identified with P.I.N. 55 -A -25 in
the Stonewall Magisterial District.
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Frederick County Planning Commission
Minutes of April 16, 2003 Page 1057
• Action - Approved
Planner Jeremy F. Camp reported that staff had received a request from G. W. Clifford &
Associates, Inc. for an entrance spacing waiver for a proposed Bank of Clarke County on Berryville Pike (Rt.
7). He said the site plan proposes the construction of a 2,757 square -foot bank with four drive - through lanes
at the northeast corner of the Millbrook Drive and Berryville Pike intersection. Planner Camp said the
applicanthas requested an entrance spacing waiver for the proposed entrance off of Berryville Pike. He said
the applicant would like to construct this entrance only I I 1 feet from Mil Ibrook Drive; however, the Frederick
County Zoning Ordinance requires a minimum of 200 feet.
Planner Camp stated that staff is also interested in ascertaining direction regarding the two
proposed entrances off of Millbrook Drive. He said that while both of the entrances satisfy the minimum
spacing requirements, staff believes the entrance to the south is not necessary and can be removed; this is
consistent with the Zoning Ordinance and the Comprehensive Policy Plan which supports the use of shared
entrances on collector roads. Planner Camp said that a 60 -foot ingress /egress easement already exists along
the north property line for this purpose. He said the Commission will also need to consider the applicant's
request for an entrance spacing waiver for the entrance on Berryville Pike.
Mr. Ronald Mislowski with G. W. Clifford & Associates, Inc., representing the Bank of
Clarke County, began First bygivingdetaiIs about the proposed access on Route 7. He described it as a "right-
in/ right out" entrance; he said that V DOT has no objections to the proposed entrance location. Mr. Mislowski
pointed out that traffic will enter the bank site before reaching the intersection, keeping trips out of the
intersection, which creates a safer, more palatable situation for the waiver to be granted.
Mr. Mislowski next discussed the proposed southern Millbrook Drive entrance; he also
presented two other optional site layouts the bank had considered. He said that after much consideration, the
bank believed Option A. the first presented to the Commission, was the best plan for the bank, for the bank's
customers, for marketability; and, it was the safest layout as far as traffic flow. He pointed out that the
proposed entrance met all the County's separation standards. Mr. Mislowski explained that the bank did not
wantto use entrance to the north because they were not interested in sharing an entrance with other coin mercia]
traffic for numerous reasons.
A Commission member raised the concerned about banktraffic mixing in with school traffic
on Millbrook Drive. Other Commissioners believed school traffic would take placebetween 3:00 p.m. and 4:00
p.m., which is probably not a peak bank time; therefore, they did not expect a traffic conflict.
Commission members expressed concern that the proposed "right-in/right-out" entrance off
of Route 7 was potentially dangerous. Concern was expressed not necessarily fortherightturn in,butcoming
Out, exiting vehicles would have to cross the deceleration lane forthe right turn. The preferred situation was
to have both exits come out to a traffic light, resulting in a controlled situation for vehicles going east or west
on Rt. 7. A commissioner pointed out that traffic speed, combined with the fact that the I I I feet of
deceleration lane only stacks about five automobiles, would create a dangerous situation.
Commissioner Fisher suggested a "right- turn -in- only" on Route 7 and no right turn out,
requiring all the traffic to exit out onto Millbrook Drive. Mr. Mislowski believed the"right-in-only" could be
a workable solution. In addition, Mr. Mislowski agreed that the "right -in -only" should be accommodated with
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Frederick County Planning Commission
Minutes of April 16, 2003 Page 1058
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a right -hand lane, so as not to impede traffic. Commissioners believed they could support this option.
• Mr. Charles E. Maddox, Jr., with G. W. Clifford & Associates, came forward to give some
history regarding Millbrook Drive and the subdivision of lots along that drive. Mr. Maddox said that a plan
was worked out for the road and entrances with the School Board's architect and engineers, to insure the road
could accommodate future traffic. He said the entrance to the rear was not necessarily created to service the
bank's site; the planning for that entrance was for the purposes of long -term planning to eliminate traffic on
Rt. 7. In addition, he said that this north entrance is aligned directly across from an existing entrance which
serves the commercial uses to the west.
Mr. Jerry Copp, V DOT's Resident Engineer, was asked to come forward to comment on the
proposed access on Route 7 and the suggestion that it be made into a "right- turn -in- only" access. Mr. Copp
believed the safest option was to use the suggested "right- turn -in- only." Mr. Copp said that V DOT would
make sure the deceleration lane has the appropriate stacking as part of the permit application.
Chairman DeHaven called for public comments, but no one came forward to speak.
Upon motion made by Commissioner Light and seconded by Commissioner Kriz,
BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby
recommend approval of the request for an entrance spacing waiver based on a "right- turn -in- only" entrance
design off Berryville Pike (Rt. 7) and contingent upon VDOT's approval.
YES (TO APPROVE) Watt, Unger, Morris, Light, DeHaven, Thomas, Kriz, Triplett, Fisher, Rosenberry
NO: GochenOUr
(Please Note: Commissioners Straub and Ours were absent from the meeting.)
Master Development Plan 403 -03 for Harvest Ridge, submitted by G. W. Clifford & Associates, Inc.,
for 85 single - family detached small lots for an age - restricted community. The property is located south
and adjacent to Route 622 (Cedar Creek Grade) bordering the City /County line, and is identified with
P.I.N.s 63 -A -2 and 63 -A -3 in the Shawnee Magisterial District.
Action - Recommended Approval
Commissioner Unger said that lie would be abstaining from all discussion and voting on this
master development plan due to a possible conflict of interest.
Planner Jeremy F. Camp noted that the Planning Staff had no significant issues regard ingthe
proposed development, however, several minortechnical issues will need to be addressed regarding agency
comments and the woodland disturbance waiver. Planner Camp said that unresolved comments from the
Department of Geographic Information Systems (GIS), the Department of Public Works, and the City of
Winchester need to be resolved prior to final master development plan (MDP) approval, as follows: the
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Frederick County Planning Commission
Minutes of April 16, 2003 Page 1059
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Department of GIS is requiring that the applicant reserve approved road names; the Department of Public
Works and the City of Winchester require that information be provided by the applicant which proves that
existing drainage structures are adequate to handle the storm water; the D
epartment of Public Works also
requires that any existing sink holes and rock outcrops be identified on the plan prior to approval. Planner
Camp said thatthe staffs second issue is regarding the applicant's requestto waive the required preservation
areas of woodlands. The Harvest Ridge Master Development Plan proposes the disturbance of 79.41 %, or
10.80 acres, of the existing site woodlands: the current ordinance still requires that developments preserve 25%
of existing woodlands. He noted that this master development plan request was formally submitted prior to
the approval of the new woodlands ordinance revisions.
Mr. Charles E. Maddox, Jr., P.E., with G. W. Clifford &Associates, Inc., thedesign engineers
forthe project, came forward to representthe owners, Greystone Properties, LLC. Mr. Maddox said the MDP
is almost identical to the Generalized Development Plan that was approved with the rezoning. Mr. Maddox
stated that the transportation issues have been dealt with effectively and the road names will have a central
theme, and will be presented before requesting final MDP approval. Regard ing the existence of sink holes, Mr.
Maddox said that a geo- technical study will be performed and any issues brought forward will be addressed.
Mr. Maddox nextdiscussed the tree removal with the Commission. He pointed out the existing woodland areas
around the perimeter of the site, which he said would be preserved and supplemented with additional
landscaping in order to create a buffer around the site. He noted that a full - landscaped screen will be planted
along the property lines where dense tree coverage does not currently exist, as part of the approved proffer.
Mr. Maddox said that in addition, five -to -six mature trees and approximately 20 shrubs are planned for each
lot. He commented that a considerable sum will be invested in the landscapingto create the kind of lifestyle
anticipated for this development. Asa result, he believed the clearing of the 70% of trees should be granted
as a waiver to the 25% ordinance; he said it certainly will be replaced with a substantial amount of other
plantings.
Next, Mr. Ronald Mislowski, also of G. W. Clifford & Associates, Inc., came forward to
discuss the storm water management issues brought forward by the City of Winchester and the Frederick
County Public Works. Mr. Mislowski said that all storm water management issues were addressed and their
discharge plan has received approval by the City of Winchester.
Commissioner Gochenour preferred to have the geo - technical study to identify sink holes
completed prior to clearing the woodlands.
Comin issioners inquired if the proposed plan would meet the new "tree-save"ord inance. Mr.
Maddox said they would have no problem meeting the new ordinance requirements and they wouldn't have a
problem with the Commission placing that condition on their approval. It was noted, however, that this
application was formally submitted prior to the approval of the new ordinance.
Commission members pointed out that the location for the small storm water management
facility appeared to be in the same area originally designated as the drainfield area for the adjoining site. Mr.
Mislowski said that the easement for that drainfield site has been abandoned, which will allow the applicant
to make the proposed improvements.
Chairman DeHaven next called for public comments.
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Frederick County Planning Commission
Minutes of April 16, 2003 Page 1060
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Mr. Jim Vickers, the Chairman and C.E.O. of the Oakcrest Companies, came forward to
clarify who was involved in this project. Mr. Vickers said that Mr. Ritchie Wilkins and he will be the land
developers, trading as Greystone Properties, and will sell the lots to one of their OakerestCompanies, trading
as Oakerest Builders, to construct the dwellings. Mr. Vickers stated that they were very sensitive to the
landscaping issue and he described in further detail their landscaping plans for the site. He said that over
$400,000 has been set aside for landscaping, which is over $5,000 per lot; the landscape plan will be drafted
by Mr. John Massie, a landscape designer in the Winchester area.
Mr. R. J. Turner came forward and stated that one of his companies, Turner Enterprises, owns
the adjoining Homespun property. Mr. Turner spoke favorably about his working relationship with the
developers, Mr. Jim Vickers and Mr. Ritchie Wilkins. With regards to the interest in trees, Mr. Turner said
that he will be planting ten trees, possibly more.
The Planning Commission believed the issues identified by the staff, as well as those issues
brought forth by the Commission, had been appropriately addressed by the applicants.
Upon motion made by Commissioner Morris and seconded by Commissioner Kriz,
BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby
recommend approval of Master Development Plan #03 -03 of Harvest Ridge, submitted by G. W. Clifford &
Associates, Inc., for 85 single - family detached small lots foran age - restricted community, including the request
for a woodlands waiver, contingent upon satisfactory comments from all of the reviewing agencies.
is The majority vote was as follows:
YES (TO APPROVE) Watt, Light, Morris, Thomas, Triplett, Fisher, Rosenberry, DeHaven, Kriz
NO: Gouchenour
ABSTAIN Unger
(Please note: Commissioners Ours and Straub were absent from the meeting.)
Board Liaison, Chairman Richard Shickle, spoke abouta project he was working on thatmay
involve this development. Mr. Shickle said there are sections of Frederick County where residents are served
with water and sewer by the City of Winchester and in some of those incidences, the charge to the residents of
the County exceeds what is charged to County residents by the County and City residents by the City. Mr.
Shickle noted that the Sanitation Authority's comment for the Harvest Ridge MDP was that they do not serve
this area. Mr. Shickle made the Commission aware of this issue because he was interested in having the
surcharge removed in cases where the County creates new subdivisions.
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Frederick County Planning Commission
Minutes of April 16, 2003 Page 1061
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• WORK SESSION/ DISCUSSION ITEM
DISCUSSION ON TRANSPORTATION - LEVEL OF SERVICE ISSUES
Representatives of V DOT were available to discuss transportation and level of servi ce issues
with the Planning Commission in a work session format.
AD.IOURNMENT
No further business remained to bediscussed and the meeting adjourned by a unanimous vote.
submitted,
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Bric Lawrence, Secretary
Charles S. Del- laver, Jr., Chairman
Frederick County Planning Commission
Minutes of April 16, 2003 Page 1062