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HomeMy WebLinkAboutPC_05-19-99_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 May 19, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Back Creek District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Robert A. Morris, Shawnee District; Roger L. Thomas, Opequon District; S. Blaine Wilson, Shawnee District; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Terry Stone, Gainesboro District; George L. Romine, Citizen at Large; Richard C. Ours, Opequon District; and Vincent DiBenedetto, Winchester City Liaison; STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Director; Michael T. Ruddy, Zoning Administrator; and Renee' S. Arlotta, Clerk. CALL TO ORDER 9 Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES OF THE APRIL 7, 1999 MEETING Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of the Planning Commission's April 7, 1999 meeting were unanimously approved as presented. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. • Frederick County Planning Commission Minutes of May 19, 1999 Page 363 -2- COMMITTEE REPORTS • Transportation Committee - 05111 Mtg. Mr. Thomas, Planning Commission's liaison to the Transportation Committee, reported thatthe committee discussed VDOT recommendations concerning signage and phasing for secondary hard - surface road construction. Sanitation Authority (SA) - 05/18 Mtg. Mrs. Copenhaver, Planning Commission's liaison to the SA, reported that the quarry levels are low due to lack of rainfall and extra water is being purchased from the City in order to preserve the quarry water. She said that the SA is continuing to investigate other sources of water. On other matters, she reported that Jim Anderson was elected as the new chairman of the SA Board and Bob Carpenter was elected as vice chairman. A joint meeting is scheduled with the Board of Supervisors on Wednesday, May 26, at 6:00 p.m. PUBLIC HEARINGS THIRD WINCHESTER BATTLEFIELD PRESERVATION PLAN TO AID IN THE PRESERVATION OF IDENTIFIED AREAS OF THE THIRD WINCHESTER BATTLEFIELD Action - Recommended Approval Mr. Kris Tierney, Planning Director, presented the Third Winchester Battlefield Preservation Plan as prepared by the firm of Strategic Land Planning, in conjunction with historian Dr. Joseph Whitehorne, archaeologist Dr. Clarence Geier, a 16- person Advisory Committee, and the Planning Department staff. Mr. Tierney said that the main components of the Battlefield Preservation Plan are an overview of the history of the battle, a plan for the interpretation of the battlefield, including routing of a proposed driving tour, a management plan for the battlefield area which identifies key preservation areas, an identification of potential preservation tools and techniques that could be used in the effort, and finally, an action plan which includes an estimation of the costs associated with the various actions. Mr. Tierney pointed out that all preservation activities recommended by the plan would be voluntary and range from outright sale or voluntary donations of easements to development in such a way that the visual or physical intrusion onto the battlefield is minimized. He said that any action on the part of Frederick County would require the allocation of funds and /or other approvals by the Board of Supervisors as part of the public process. is Frederick County Planning Commission Minutes of May 19, 1999 Page 364 -3- Mrs. Phoebe Kilby, one of the principals with Strategic Land Planning, gave an overview • of the plan and responded to questions from the Planning Commission. Chairman DeHaven called for public comment and the following person came forward to speak: Mr. John Goode, a member of the Advisory Committee, believed that large amounts of public and private funds should not be devoted to the project, if there was not a lot of public support. He anticipated that maintenance costs would be expensive and ongoing. Mr. Goode added that the county should use a voluntary approach, so that land values were not negatively affected. He also had concerns about the final section of Route 37 traversing the battlefield area, yet surrounding property owners will be expected to protect viewsheds. Members of the Commission endorsedthe Third Winchester Battlefield Preservation Plan. They did not believe that the plan took away development rights of any landowner or prohibited any landowner from marketing property at a fair market value. They also were of the opinion that it was wiser to have an adopted plan than not, however, they recognized the need to work with property owners, rather than restrict them. Finally, Commission members were aware that maintenance costs for the tour area would be an ongoing issue. The Planning Commission believed these issues could be worked out and unanimously recommended approval of the plan as presented. Upon motion made by Mr. Light and seconded by Mr. Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval • of the Third Winchester Battlefield Preservation Plan, to aid in the preservation of the identified areas of the Third Winchester Battlefield, as presented and prepared by the firm of Strategic Land Planning. UPDATE TO THE 1999 COMPREHENSIVE POLICY PLAN FOR FREDERICK COUNTY Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, presented the information proposed for the update of the 1999 Comprehensive Policy Plan. Mr. Wyatt reviewed and answered questions from the Commission on each of the following sections: the Southern Frederick Land Use Plan, the Modifications to Existing Language as Proposed by Various Agencies, the Amendments to the Eastern Road Plan Map, the Sewer and Water Service Area (SWSA) Expansion, and the Relocation of Information to the Annual Report. There were no public comments. Members of the Commission inquired if affected property owners were notified about the reduction in the SWSA. Mr. Wyatt said that the majority of the land recommended for removal from the SWSA is the actual Third Winchester Battlefield site and the Hackwood property. He said that other • Frederick County Planning Commission Minutes of May 19, 1999 Page 365 4- • property owners were notified of the process and meetings in conjunction with the preparation of the Third Winchester Battlefield Preservation Plan. The Planning Commission endorsed the Comprehensive Policy Plan as presented and upon motion made by Mr. Miller and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the update to the 1999 Comprehensive Policy Plan for Frederick County as presented by the staff. PUBLIC MEETING Request for Exemption from the Subdivision Ordinance to the 50' right -of -way width requirement, Section 144- 31.C(3), submitted by A.H. Aubrey Hawkins Associates, Ltd. Company on behalf of the Vivian Rosenberger Estate. This property is located at 1760 Wardensville Grade and is identified with P.I.N. 50 -A -57 in the Back Creek Magisterial District. Action - Recommended Approval Mr. Michael T. Ruddy, Zoning Administrator, said that the staff had received a request from Mr. Michael Artz, of A.H. Aubrey Hawkins Associates, Ltd. Company, on behalf of the Vivian R. Rosenberger Estate, to gain an exemption to the 50' right -of -way width requirement of the subdivision ordinance. Mr. Ruddy explained that the Rosenberger Estate owns approximately 61 acres of land, zoned is RA, located just west of Wardensville Grade (Rt. 608), adjacent to the Rhinehart farm, and it is desired that the parcel be subdivided into two residential tracts that will be 40 and 21 acres in size, respectively. He further explained that the larger parcel will contain the existing dwelling, which will be sold, and the Estate will retain the smaller, vacant lot upon which a new residence will be constructed. Mr. Ruddy said that access to Ms. Rosenberger's parcel from Wardensville Grade is limited to a prescriptive right -of -way, which is shared by several properties. He said that the width of this right -of -way has not been defined. Mr. Ruddy reported that discussions with adjoining property owners located between the Rosenberger parcel and Wardensville Grade by the applicant, regarding attainment of the required right -of -way width, have been unsuccessful. Members of the Commission stated that for the record, it would be preferable to have adjoining property owners who do not wish to give up land for a required right -of -way width to provide their refusal to participate in writing for the record. Commission members also inquired if the Rosenbergers would provide a 50' right -of -way through their property as part of this subdivision. Mr. Michael T. Artz with A.H. Aubrey Hawkins Associates, Ltd. Company, representing Ms. Vivian R. Rosenberger, stated that although he could not provide those letters with this evening's request, he would certainly accommodate the Commission's request for any future waivers. Mr. Artz also replied that any property that the Rosenbergers control would have a 50' right -of -way as a part of the division. • Frederick County Planning Commission Minutes of May 19, 1999 Page 366 -5- There were no public comments. • Based upon the location of this land division and the nature of the surrounding properties, the Planning Commission believed that a waiver to permit the continued use of the existing right -of -way was reasonable. The Commission pointed out that the waiver request would only apply to the proposed division of the existing 61 -acre parcel into two residential lots. Upon motion made by Mr. Marker and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request for exemption from the subdivision ordinance of the 50' right -of -way width requirement, Section 144 -31, submitted by A.H. Aubrey Hawkins Associates, Ltd. Company, on behalf of Vivian R. Rosenberger, for two residential lots. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:20 p.m. by unanimous vote. Respectfully submitted, w Kris Tierney, Secreta e LL � at 0 Charles S. DeHaven, Jr., Chairman • Frederick County Planning Commission Minutes of May 19, 1999 Page 367