PC_11-05-03_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 November 5, 2003.
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; Richard C. Ours, Opequon District; Robert A. Morris, Shawnee District; George
J. Kriz, Gainesboro District; John H. Light, Stonewall District; Charles E. Triplett, Gainesboro District;
William C. Rosenberry, Shawnee District; Cordell Watt, Back Creek District; Gene E. Fisher, Citizen at Large;
Lynda Tyler, Board of Supervisors Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook,
Legal Counsel.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning
Director; Jeremy F. Camp, Planner II; and, Renee' S. Arlotta, Clerk.
is CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MINUTES - SEPTEMBER 3 2003 SEPTEMBER 17, 2003, AND OCTOBER 1, 2003
Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the
minutes of September 3, 2003 were unanimously approved as presented.
Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the
minutes of September 17, 2003 were unanimously approved as presented.
Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the
minutes of October 1, 2003 were unanimously approved as presented.
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COMMITTEE REPORTS
Development Review & Reeulations Subcommittee (DRRS) - 10/23/03 Mtg.
Commissioner Thomas reported that the DRRS discussed potential changes to the ordinance
for parking of trucks, vans, semi - trailers, and definitions in the RP -zoned areas.
Historic Resources Advisorty Board (HRAB) - 10/21/03 Mtg.
Commissioner Gochenour reported that the HRAB is working on plans for developing a guide
which will help the HRAB with reviews and decision - making. She said that Maral Kalbian has been very
helpful in this process. Commissioner Gochenour also reported that she will be attending the Preservation
Alliance Conference on November 16 -18.
Sanitation Authority (SA) - 10/21/03 Mtg.
• Commissioner Fisher reported that the Sanitation Authority's Engineer - Director, Mr.
Wellington H. Jones, reported that the SA was well - prepared for Hurricane Isabel and did not experience any
major problems; he said that the Parkins Mill plant stayed within limits. Mr. Jones also reported that the SA's
inspection program for businesses regarding fats, oils, and greases in sediment traps has proven to be
successful. It was reported that at the onset of the program, only 7% of businesses inspected were in
compliance and presently, only 7% are not in compliance. It was noted that the grease element has an affect
on sewer lines.
PUBLIC MEETING
Master Development Plan 908 -03 for Abrams Pointe, submitted by G. W. Clifford & Associates, Inc.,
for 240 single - family detached urban lots on 117.74 acres, zoned RP (Residential Performance). The
application is a revision of the currently approved Master Development Plans #07 -89, Abrams Pointe,
and #02 -95, Coventry Court. The property is located north of Frederick Heights, south of Brookland
Heights, east of Heritage Hills, and west of Briarwood Estates. Abrams Creek flows adjacent to the
north property line. The site is identified by P.I.N.s 54 -3 -1, 55 -2 -1, 55 -A -185, 55 -A -186, and 55 -A -187,
all within the Red Bud Magisterial District.
Action - Recommended Approval with Conditions
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Chairman DeHaven said that he would abstain from all discussion and voting on this item, due
to a possible conflict of interest. Chairman DeHaven turned the conduction of the meeting over to Vice
Chairman Thomas.
Planner Jeremy F. Camp stated that the original Abrams Pointe MDP proposed site access at
three separate locations: the Williamson Road connection, the Greenwood Road connection, and the connection
to Hunter Run Road. He said that the elimination of the bridge crossing and the Hunter Run Road connection,
to the north, are the primary changes proposed on this revised MDP. Planner Camp noted that the Hunter Run
Road connection is a planned connection in the Eastern Frederick County Road Plan found in the
Comprehensive Policy Plan. He said that the applicants believe it is no longer necessary to provide the Hunter
Run Road connection due to the recent Greenwood Road improvements and the potential for Hunter Run Road
to become a cut - through from Valley Mill Road to Greenwood and Senseny Roads.
Planner Camp also pointed out that the applicant's revision necessitates conformance with
several new zoning ordinance requirements which were not adopted at the time of original approval and
includes the protection of the creek with a riparian buffer, sidewalks on both sides of the road, curb and gutter,
street lights, a road efficiency buffer, and landscaping. Planner Camp said the applicant has agreed to provide
all of these improvements.
Planner Camp provided four points of concern that were identified by the staff, as follows:
1) the width of the riparian buffer is incorrectly scaled on the proposed plan and will need to be corrected;
2) the proposed transportation mitigation, consisting of a signalization agreement with VDOT and traffic-
calming measures, should be noted on the proposed plan; 3) the applicant has requested a waiver to allow
individual lots to be located within the active portion of the required road efficiency buffer along Greenwood
Road; and 4) the applicant's proposal to remove the bridge crossing and road connection to Hunter Run Road
is inconsistent with the Eastern Road Plan.
Mr. Charles E. Maddox, Jr., with G. W. Clifford & Associates, the design company
representing the owners, Jasbo, Inc. and Fred L. Glaize, llI, stated that he represented the original MDP in the
1980's. Mr. Maddox addressed the four issues raised by the planning staff. He agreed with the planning staff
that the riparian buffer was calculated incorrectly and he assured the Commission that it will be corrected on
the master plan; he also agreed to place a notation on the master plan regarding a signalization agreement with
VDOT. Regarding issue 44, Mr. Maddox said that in the 1980's, the Eastern Road Plan projected a number
of multiple points of connection to Rt. 7 by roads leading north out of the UDA (Urban Development Area).
He said that although Hunter Run Road was considered as a possible connection, the WATS and various
transportation studies conducted over time resulted in the consolidation of those connections into an improved
Greenwood Road. Mr. Maddox said that because of the increased capacity created by the Greenwood Road
improvements, the Hunter Run Road connection is now worthy of reconsideration. In addition, he noted that
the Hunter Run Road connection would create undesirable cut - through traffic and increased impact on Valley
Mill Road and its Rt. 7 intersection.
Mr. Maddox next addressed the active road efficiency buffer waiver request. He agreed to
follow the planning staffs recommendation to use the 40' inactive and 10' active buffer option. However, he
requested that the Commission allow the rear lot lines of the platted lots on the Coventry Courts portion of the
project along Greenwood Road to encroach into the 10' active portion of the 50' buffer, in order for them to
• achieve the minimum performance requirements of the ordinance.
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Commissioner Gochenour had concerns about how the stream valley would be protected, if
the proposed homes were located at the top of the bluff. She believed that the topography of the land needed
to be considered, not only the road improvements, buffers, and waivers. Mr. Maddox replied that all of the
lots will be located in the plateau area and they have taken steps to protect the stream valley and the steep
slopes. He said that sewer lines will not encroach on the flood plains; they will be located high and on the
plateau area. He assured the Commission that an intentional part of the design plan was not to disturb the flood
plain area or the area around the stream.
Vice Chairman Thomas inquired about the Williamson Road connection into the development
on the south . He asked Mr. Maddox if it was practical, from an engineering/traffic standpoint, to consider a
Williamson Road connection to Hunter Run Road as a potential future major collector road. Mr. Maddox did
not believe so; he said they encountered similar issues in Fredericktowne, dealing with Warrior Drive, and it
was simply unacceptable to the residents.
Commissioner Rosenberry inquired about the comments from the Parks and Recreation
Department regarding a linear trail system. Mr. Maddox said that the revised plan for this project is proposing
a sidewalk system instead of the previous proposal for a trail system. He said that sidewalks are proposed for
both sides of all streets and will be linked into the open space. Mr. Maddox questioned whether this property
owners' association should be responsible for maintenance and security of a plan down along the stream valley
that is essentially outside of their living area. He also remarked that in order for this area to be a useable trail
system, it would have to be linked into other areas. He said that should the County desire to create a publicly -
owned trail system, they will agree to make the land legally available by placing a notation on the master plan.
• Commissioner Gochenour believed that any new subdivisions proposed for the Senseny Road
area need to address the schools, the fire and rescue issues, and the transportation issues.
Vice Chairman Thomas raised a comment about construction traffic and phasing. He
requested that a requirement be placed on all lot sales contracts instructing all construction traffic to use
Greenwood Road and not traverse through the existing development by way of Williamson. Mr. Maddox
agreed to the suggestion, which was meant to minimize the noise and dust of construction traffic for the existing
residents.
Mr. Lloyd Ingram, VDOT representative, next came forward to answer questions from the
Commission. Vice Chairman Thomas inquired if Mr. Ingram concurred with Mr. Maddox's statements
concerning the elimination of the Hunter Road connection, the traffic impacts, and mitigation of increased
traffic proposed by the applicant. Mr. Ingram believed that the plan proposed was the best plan available. Mr.
Ingram remarked that the older, established subdivision to the south will not be able to handle a large amount
of cut - through traffic. He said that VDOT prefers routing the traffic out to Greenwood. He said Mr. Maddox
has agreed to incorporate some of the traffic calming devices to reduce cut - through traffic from Senseny up
to Greenwood. Mr. Ingram was not in favor of building a bridge to the north and believed it would only create
more problems.
Commissioner Straub inquired about the installation of a jersey wall on Williamson Road until
such time as construction is completed. Mr. Ingram replied that VDOT could discuss with Mr. Maddox the
possibility of a Type 3 barrier, instead of the jersey, causing traffic to use strictly the Greenwood entrance.
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• Commissioner Light agreed with Vice Chairman Thomas' comments regarding the restriction
of construction traffic. Commissioner Light suggested that a construction traffic movement review process
be incorporated as a regular part of the master development plan review process.
Vice Chairman Thomas next called for public comments and the following persons came
forward to speak:
Ms. Betty Winslow and Ms. Brenda Vance, residents of Greenwood Road, came forward to
address the Commission. Regarding the requested waiver, Ms. Winslow encouraged the Commission to favor
an 80' screened setback from Greenwood because it would conform with the Briarwood subdivision across
Greenwood Road. Ms. Winslow expressed her and Mrs. Vance's concern about water run -off possibly
affecting adjoining properties. She also expressed their concern about the impact of the proposed development
on schools, emergency services, and roads. Due to the increased traffic on Greenwood Road and the increase
in subdivision development in this vicinity, she believed there was a need for the Route 37 Bypass. Ms.
Winslow commented about the single traffic signal, located at the intersection of Greenwood and Senseny
Roads; she stated that with the high volume of traffic, additional traffic signals were needed. She also
commented about the increase in the number of traffic accidents occurring at the Valley Mill and Greenwood
Road intersection.
Mr. David Pacini, a resident off of Ridge Road, had similar concerns. Mr. Patin was
concerned about water run-off exacerbating neighborhood flooding problems. He expressed concern about the
Milam Drive connection and the possibility of traffic cutting through established subdivisions.
• Mrs. Geralyn Mohn was in favor of common areas in new developments because they created
a safe place for children to play. Mrs. Mohn suggested that a common area be placed between Frederick
Heights and the Abrams Pointe subdivisions in order to provide an off - street area for the neighborhood
children. She also suggested the installation of flashing lights on Senseny Road to slow traffic.
Since everyone who wished to speak had been given an opportunity to do so, Vice Chairman
Thomas closed the public comments portion of the meeting.
Mr. Maddox returned to the podium to address some of the concerns raised by the citizens.
Regarding the drainage concerns, he stated that the majority of the topography falls away from the exiting site.
He said the remaining drainage will be handled by the storm sewer system along the roadway and they have
a plan to make sure the drainage does not affect residents along Ridge Road. Regarding the open space on the
plan, Mr. Maddox reported that 20 percent of the site is designated for open space, while only 15 percent is
actually required in the ordinance for RP Districts.
Commissioners pointed out that this proposal is a revision to an existing, approved master
development plan, there is a reduction in the number of houses proposed from 265 to 240, and by not using
Hunter Run Road, the revision does not create a disturbance to the flood plain.
Commissioner Gochenour commented that 12 -13 years have passed since this original plan
was approved and considerable development has occurred in the Senseny Road area since that time. She
believed this should have a bearing on the consideration of this proposal. Commissioner Gochenourcommented
• that there were great problems facing the Senseny Road and Greenwood Road areas. She believed the issues
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• brought out with this master plan had not been fully addressed.
Commissioner Light made a motion to approve Master Development Plan #08 -03 of Abrams
Pointe with items # 1 and 42 of the staff's report added to the master plan, with an agreement of the
signalization as discussed, to allow for the reduced distance buffer for the Greenwood Road lot allocation, and
for the allowed change in the Comprehensive Policy Plan's Eastern Road Plan. This motion was seconded by
Commissioner Morris.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of
Master Development Plan 408 -03 for Abrams Pointe, submitted by G. W. Clifford & Associates, Inc., for 240
single - family detached urban lots on 117.74 acres, zoned RP (Residential Performance) with the following:
1) the master development plan shall show the riparian buffers to be at least 35' in width, measured from both
sides of the channel scar line; 2) the applicant will provide a notation on the master development plan indicating
their commitment to enter into a signalization agreement with VDOT and to implement traffic calming
measures along Williamson Road; 3) a waiver to allow individual lots to be located within the active portion
of the required road efficiency buffer along Greenwood Road; and, 4) to allow the requested change to the
Comprehensive Policy Plan's Eastern Road Plan by removing the bridge crossing and road connection to
Hunter Run Road. This application is a revision of the currently approved Master Development Plans 907 -89,
Abrams Pointe, and 402 -95, Coventry Court.
The majority vote was as follows:
YES (TO APPROVE) Rosenberry, Triplett, Fisher, Kriz, Ours, Thomas, Light, Morris, Unger, Watt
• NO: Gochenour, Straub
ABSTAIN DeHaven
Vice Chairman Thomas next turned the conduction of the meeting back over to Chairman
DeHaven.
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ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 8:30 p.m. by a
unanimous vote.
submitted,
Charles X/DeHaven, Jr., Chairman
Lawrence, Secretary
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