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HomeMy WebLinkAboutPC_01-16-02_Meeting_MinutesMEETING MINUTES OF THE • FREDERICK COUNTY PLANNING Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on January 16, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opcquon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Richard C. Ours, Opequon District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District, Robert A. Morris, Shawnee District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; William C. Rosenberry, Shawnee District; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Vincent DiBenedcao, Winchester City Liaison STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; and Renec' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - DECEMBER 5, 2001 Upon motion made by Mr. Kriz and seconded by Mr. Thomas, the minutes of December 5, 2001 were unanimously approved as presented. COMMITTEE REPORTS Economic Development Commission (EDC) Commissioner Thomas reported that the EDC is working on their "Mission Statement" and future direction. Frederick County Planning Commission Minutes of January 16, 2002 Page 786 -2- Sanitation Authority (SA) - 11/20/01 Mtg. Commissioner Fisher said the SA's Executive Director, Mr. Wellington Jones, reported that rainfall was below average and in deficit conditions, however, the quarries have remained stable. PUBLIC HEARINGS Request to remove four parcels totaling 160.80 acres from the South Frederick Agricultural and Forestal District. These parcels, owned by Rinker Properties, L.L.C., are located along Marlboro Road (Rt. 631) and are identified with P.I.N.s 73 -A -95, 73 -A -99, 73- A -99A, and 73 -A -102 in the Back Creek District. Action - Recommended Approval Mr. Cordell Watt said that he would abstain from all discussion and voting on this request, due to a possible conflict of interest. Planning Director Evan A. Wyatt stated that Mr. Dudley Rinker has requested the•removal of four parcels totaling 160.80 acres, owned by Rinker Properties, L.L.C., from the South Frederick Agricultural and Forestal District. Director Wyatt said that Mr. Rinker has identified a need to pursue other options for this acreage due to the financial constraints that local orchardists have experienced over the past • several years. He pointed out that Section 15.2-4314 of the Code of Virginia. 1950, as amended provides property owners with the ability to request removal of land from an agricultural and forestal district through a public process via the local governing body. Director Wyatt added that the ADAC (Agricultural District Advisory Committee) considered this request during their meeting of November 27, 2001 and unanimously recommended that the four parcels be removed from the District. Mr. Dudley Rinker of Rinker Properties, L.L.C. stated that he is continuing with orcharding the property at the present time, but doesn't know how long he will continue to do so. He wanted to re -open the property to other options. Commission members asked Mr. Rinker why he believed the orchard industry was in a downward cycle. Mr. Rinker gave his thoughts on why he believed the general conditions of the apple industry were depressed and why local orchardists were having a difficult time competing on a world -wide market. Commission members asked the staff to explain the significance of being in or out of an agricultural and forestal district. Director Wyatt said that being within the district provides certain guarantees at the State level, such as guaranteed tax rates and protection from public utilities; however, membership in the district also provides support to the farming community by various means. Director Wyatt pointed out that the amount of acreage within Frederick County's agricultural and forestal districts is lessening due to the viability of local agriculture. There were no public comments. No other issues were raised by the Commission. Frederick County Planning Commission Minutes of January 16, 2002 Page 787 3- • Upon motion made by Commissioner Unger and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request by Rinker Properties, L.L.C. to remove four parcels, identified with P.I.N.s 73 -A -95, 73 -A -99, 73- A -99A, and 73 -A -102, totaling 160.80 acres, from the South Frederick Agricultural and Forestal District. (Note: Commissioner Watt abstained from voting.) Request to include one parcel totaling 107.79 acres into the South Frederick Agricultural and Forestal District. This parcel, owned by Ruth Gregory, is located along Middle Road (Rt. 628) and is identified with P.I.N. 62 -A -34 in the Back Creek District. Action - Recommended Approval Planning Director Evan A. Wyatt stated that Ms. Ruth Gregory has requested the inclusion of one parcel totaling 107.79 acres into the South Frederick Agricultural and Forestal District. Director Wyatt pointed out that Section 15.2 -4310 of the Code of Vireinia, 1950, as amended provides property owners with the ability to request additions of land into an existing agricultural and forestal district through a public process via the local governing body. He added that the ADAC (Agricultural District Advisory Committee) considered this request during their meeting of November 27, 2001 and unanimously recommended the inclusion of this parcel into the District. Ms. Ruth Gregory was available for questions. There were no public comments. No issues were raised and the Commission believed the request was appropriate. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request by Ms. Ruth Gregory to include one parcel, identified with P.I.N. 62 -A -34, totaling 107.79 acres, into the South Frederick Agricultural and Forestal District. Request to include six parcels totaling 381.34 acres into the Double Church Road Agricultural and Forestal District as follows: P.I.N.s 85 -A -125, 85 -A -130, and 85 -A -131, owned by Mary Ritenour; P.I.N. 85 -A -132, owned by Sandra Ritenour; P.I.N. 85 -A -129, owned by Steven and Mary Ritenour; and P.I.N. 85- A -125A, owned by Benjamin and Priscilla Ritenour. All parcels are located along Peace and Plenty Lane in the Opequon Magisterial District. M Frederick County Planning Commission Minutes of January 16, 2002 Page 788 M • Action - Recommended Approval Planning Director Evan A. Wyatt stated that Frederick County Extension Agent, Gary DeOms, on behalf of several members of the Ritenour family, has requested the inclusion of Parcels 85 -A -125, 85- A -125A, 85 -A- 129, 85 -A -130, 85 -A -131, and 85 -A -132, totaling 381.34 acres, into the Double Church Road Agricultural and Forestal District. Director Wyatt pointed out that Section 15.2-4310 of the Code of Virginia, 1950, as amended provides property owners with the ability to request additions of land into an existing agricultural and forestal district through a public process via the local governing body. He added that the ADAC (Agricultural District Advisory Committee) considered this request during their meeting ofNovember 27, 2001 and unanimously recommended the inclusion of these parcels into the District. There were no public comments. No issues were raised and the Commission believed the request was appropriate. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request to include six parcels totaling 381.34 acres into the Double Church Road Agricultural and Forestal District as follows: P.I.N.s 85 -A -125, 85 -A -130, and 85 -A -131, owned by Mary Ritenour, P.I.N. 85 -A -132, owned by Sandra Ritenour; P.I.N. 85 -A -129, owned by Steven and Mary Ritenour; and P.I.N. 85- A-125A, owned by Benjamin and Priscilla Ritenour. 11 Conditional Use Permit 901 -02 for the Cold Spring Tower, submitted by SBA Properties, Inc. /Triton PCS (SunCom), for a 199 -foot monopole telecommunications tower. This property is located at 6298 North Frederick Pike (Rt. 522N) and is identified with P.I.N. 19 -A -15A in the Gainesboro Magisterial District. Action - Deferred Indefinitely at the Applicant's Request Deputy Planning Director, Eric R. Lawrence, stated that the applicants, SBA Properties, Ino,/Friton PCS (SunCom), have requested that their conditional use permit application be deferred pending the outcome of Conditional Use Permit (CUP) #22 -01 of the White Tail Lane Tower submitted by Shared Towers, Inc. (Spectrum Resources, Inc.), which is scheduled to be considered by the Board of Supervisors on January 23, 2002. Deputy Director Lawrence said that Triton PCS (SunCom) will be able to utilize the White Tail Lane Tower, if it is approved by the Board of Supervisors, and the applicant will then withdraw CUP #01- 02 for the Cold Spring Tower. Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously grant the applicant's request to indefinitely defer Conditional Use Permit 401 -02 for the Cold Spring Tower, submitted by SBA Properties, Inc./Triton PCS (SunCom), for a 199 -foot monopole telecommunications tower. In the E Frederick County Planning Commission Minutes of January 16, 2002 Page 789 -5- event that CUP 422 -01 White Tail Lane Tower is approved by the Board of Supervisors on January 23, 2002, the applicant has stated that they will withdraw CUP 401 -02 Cold Spring Tower. Conditional Use Permit #02 -02 for the Acorn Hill Tower, submitted by SBA Properties, Inc. /Triton PCS (SunCom), for a 199 -foot monopole telecommunications facility. This property is located at 7185 North Frederick Pike (Rt. 522N) and is identified with P.I.N. 18 -A -25 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Deputy Planning Director Eric R. Lawrence said the applicant proposes to construct a 199 - foot monopole telecommunications tower designed to accommodate commercial telecommunication facilities on a 62.5 -acre site located west of Rt. 522 in the Cross Junction community. He reported no adverse comments from any of the reviewing agencies. Deputy Director Lawrence said that staff believes this application has not adequately addressed the requirements of the zoning ordinance in that a need for this facility, based on a lack of coverage and capacity in this part of the County, has not been demonstrated. He explained that the staff's position was based on the fact that pending CUP # 18 -01 by Shared Towers, Inc. (Spectrum Resources, Inc.) for the Cross Junction Tower, proposed to be located in this same general area, is scheduled for consideration by the Board of Supervisors on January 23, 2002, and the applicant has not clearly demonstrated that CUP #18 -01 will not be appropriate for collocation in the event it gains the Board's approval. Mr. Dave Stewart, an attorney with the law firm of McGuire Woods, present on behalf of ® Triton, PCS (SunCom), a licensed wireless service provider in Frederick County, and SBA Properties, Inc., a site acquisition firm, stated that this application is a part of their expansion of service out the Route 522 North corridor. He said that all of SunCom's other 15 sites are collocated on existing structures and this is their first request for the construction of a tower. Mr. Stewart explained that in their opinion, if the Cross Junction site (CUP #18-01) referred to by the staff was utilized, it would leave dead spots or gaps in their service along Route 522 and, in particular, their service would not be able to reach into all areas of the Summit. He said that the tower they are proposing would eliminate the gaps along Route 522 and reduce the gaps in the Summit. Mr. Mickey Mahoney, an RF (radio frequency) Engineer with Wireless Facilities, Inc., and speaking on behalf of Triton, PCS (SunCom), came forward to answer some of the technical questions from the Commission regarding how and when the studies were done to determine the adequacy of projected service using the towers in question. Questions were also raised by the Commission concerning whether SunCom could use different hardware or technologies or increase output to allow them to utilize the Cross Junction Tower. Mr. Mahoney believed the majority of their coverage loss was due to topography and the location of the Cross Junction Tower, rather than their anticipated height position on the tower or their technology. There were no public comments. Based on the information supplied by the applicant on their lack of service coverage capability and capacity in the Rt. 522 corridor, the Commissioners believed the applicant's need had been demonstrated. The Commissioners believed that a tower at this location was appropriate, with conditions. a Frederick County Planning Commission Minutes of January 16, 2002 Page 790 Upon motion made by Mr. Kriz and seconded by Mr. Morris, • BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #02 -02 for the Acorn Hill Tower, submitted by SBA Properties, Inc./Triton PCS (Suncom) for a 199 -foot monopole telecommunications tower at 7185 North Frederick Pike with the following conditions. 1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. 3. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid. This conditional use permit was recommended for approval by the following majority vote: • YES (TO APPROVE CUP #02 -02) Rosenberry, Fisher, Kriz, Ours, DeHaven, Light, Morris, Watt NO: Triplett, Thomas, Unger Conditional Use Permit #03 -02 for the Hunting Ridge Tower, submitted by SBA Properties, Inc./I'riton PCS (SunCom), for a 199 -foot monopole telecommunications facility. This property is located at 4048 North Frederick Pike (Rt. 522N) and is identified by P.I.N. 30 -A -116 in the Gainesboro Magisterial District. Action - Recommended Denial Deputy Planning Director Eric R. Lawrence said the applicant proposes to construct a 199 - foot monopole telecommunications tower designed to accommodate commercial telecommunication facilities on a 99.98 -acre site located north of Rt. 522 in the Hunting Ridge area of the County. He reported no adverse comments from any of the reviewing agencies. Deputy Director Lawrence said that staff believes this application has not adequately addressed the requirements of the zoning ordinance in that a need for this facility, based on a lack of coverage and capacity in this part of the County, has not been demonstrated. He explained that the staffs position was based on the fact that pending CUP #19 -01 by Shared Towers, Inc. (Spectrum Resources, Inc.) for the Hunting Ridge Tower, proposed to be located in this same general area, is Frederick County Planning Commission Minutes of January 16, 2002 Page 791 7- scheduled for consideration by the Board of Supervisors on January 23, 2002, and the applicant has not clearly • demonstrated that CUP # 19 -01 will not be appropriate for collocation in the event it gains the Board approval. Mr. Dave Stewart, an attorney with the law firm of McGuire Woods, present on behalf of Triton, PCS (SunCom), a licensed wireless service provider in Frederick County, and SBA Properties, Inc., a site acquisition firm, stated that this application is a part of their expansion of service out the Route 522 North corridor. He said that all of SunCom's other 15 sites are collocated on existing structures and this tower, along with the previous tower application, is their first request for the construction of towers. Mr. Stewart explained that in their opinion, if the Shared Towers' Hunting Ridge site (CUP # 19 -01), referred to by the staff, was utilized, it would create interruptions in their service along Route 522. He said the tower they are proposing would eliminate interruptions in the service along Route 522. Mr. Mickey Mahoney, an RF (radio frequency) Engineer with Wireless Facilities, Inc., and speaking on behalf of Triton, PCS (SunCom), explained that a ridge will interfere with Triton's service if they collocate on Shared Towers' Hunting Ridge Tower (CUP 419-0 1) and it would cause a high probability of call interruption. He said that in this particular case, the service inadequacy is due to their anticipated height position on Shared Towers' tower and not necessarily the location of that tower. It was noted that Shared Towers already has a leasee for the very top position on the Hunting Ridge Tower and Triton would be allocated the second lower position. Mr. Mahoney said that Triton's signal will not get over the ridge at this position. Referring to the pictures and information submitted by the applicant, Mr. Dale Finocchi, a deployment manager with SunCom, said that although the breaks in service look small, it would take a customer's cell phone quite a bit of time to recover their call, when an interruption occurred. Chairman DeHaven called for public continents, however, no one was present to speak. Some members of the Commission said that although Triton's service may experience some interruptions, the majority of their projected service area could be covered by Shared Towers' pending tower (CUP #19 -01), if it was approved. Therefore, they believed that this application had not adequately addressed the requirements of the zoning ordinance in that a need for this facility, based on a lack of coverage and capacity in this part of the County, has not been demonstrated. A motion was made by Commissioner Morris and seconded by Commissioner Rosenberry to approve Conditional Use Permit 403 -02 with the conditions as recommended by the staff. This motion failed, however, by the following vote: YES (TO APPROVE CUP 903 -02) Rosenberry, Fisher, Light, Morris NO: Triplett, Kriz, Ours, Thomas, DeHaven, Unger, Watt Because this motion failed, Chairman DeHaven called for a new motion. Commissioner Kriz moved to deny Conditional Use Permit #03 -02. This motion was seconded by Mr. Thomas and was passed by a majority vote. 11 Frederick County Planning Commission Minutes of January 16, 2002 Page 792 IE BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of Conditional Use Permit #03 -02 for the Hunting Ridge Tower, submitted by SBA Properties, Inc. /Triton PCS (SunCom), for a 199 -foot monopole telecommunications facility proposed to be located at 4048 North Frederick Pike (Rt. 522N). The vote on this denial was as follows: YES (TO DENY CUP 03 -02) Triplett, Kriz, Ours, Thomas, DeHaven, Light, Unger, Watt NO: Rosenberry, Fisher, Morris PUBLIC MEETING Three Waiver Requests of Bean Properties, LLC, submitted by Mr. Ben Butler, for exceptions to the Frederick County Zoning Ordinance as follows: Chapter 165- 55A(2) regarding setback requirements; Chapter 165 -56A regarding minimum lot width requirements; and Chapter 165 - 54(A) pertaining to creating two lots with an area less than five acres. This property is identified with P.I.N. 42 -A -309 in the Gainesboro Magisterial District. • Action - Recommended Approval Deputy Planning Director, Eric R. Lawrence, stated that staff had received a request from Mr. Ben Butler, an attorney with Kuykendall, Johnston, McKee and Butler, P.L.C, representing the Bean Properties, L.L.C., the owners of approximately 1. 17 acres zoned RA (Rural Areas) in the Gainesboro Magisterial District, for the subdivision of land owned by Bean Properties, L.L.C. Deputy Director Lawrence stated that the subject property contains two existing dwellings, situated approximately 63.7 feet apart and the property owners wish to subdivide the parcel in a manner that would have each house situated on an individual parcel. Deputy Director Lawrence gave the following details: the new side setback for the northern dwelling would be 31.7 feet, which is 18.3 feet less than the required 50 -foot setback applicable to the zoning district; the new side setback for the other dwelling would be 32.0 feet, which is 18.0 feet less than the 50 -foot side setbacks required by Section 165- 55A(2); the proposed subdivision will cause both lots to have less than the 250 feet of road frontage as specified in Section 165 -56A; the proposed subdivision will also create two new lots, both less than five acres in area; Chapter 165 -54 requires that the minimum lot size in the RA District must be five acres with the exception of Family Variance Lots or Rural Preservation Lots. Commission members inquired about the drainfield easement. Deputy Director Lawrence stated that the Frederick County Environmental Health Department required that the subject • Frederick County Planning Commission Minutes of January 16, 2002 Page 793 e� property undergo septic system repairs; to obtain Health Department approval for the proposed subdivision, the property owners have complied with this request and created a drainfield easement on Lot 2 for Lot 1. He said that drainfields for both dwellings will be located on Lot 2, the larger of the two lots. Mr. Ben Butler, an attorney with Kuykendall, Johnston, McKee and Butler, P.L.C, representing the Bean Properties, L.L.C., the owners, was available to answer questions from the Commission. The Planning Commissioners were divided in their opinion of whether or not the request was appropriate. Some Commissioners believed the request, with the intention of selling each lot, was inappropriate because the drainfields for both dwellings were located on one lot. They believed it exacerbated the existing drainfield problems in the County. Other Commissioners believed it was unfair to hold the property owners to current standards when the existing situation was created before the County had adopted its subdivision ordinance. There were no public comments. Upon motion made by Mr. Kriz and seconded by Mr. Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the three waiver requests of the Bean Properties, LLC, submitted by Mr. Ben Butler, for exceptions to the Frederick County Zoning Ordinance as follows: Chapter 165- 55A(2) regarding setback requirements; Chapter 165 -56A regarding minimum lot width requirements; and Chapter 165- • 54(A) pertaining to creating two lots with an area less than five acres, by the following majority vote: YES (TO APPROVE) Triplett, Fisher, Kriz, DeHaven, Morris, Unger NO: Rosenberry, Ours, Thomas, Light, Watt Waiver Requests of the Orrah Adams Estate and the Charles D. Adams Property for an exception to Chapter 165- 55A(2) of the Frederick County Zoning Ordinance, regarding setback requirements, and Chapter 165 -56B, pertaining to the depth -to -width ratio requirements. This property is identified with P.I.N. 30 -A -45 and 30 -A -45D in the Gainesboro Magisterial District. Action - Recommend Approval Deputy Planning Director, Eric R. Lawrence, stated that staff has received a request from Mr. Thomas A Shockey, a licensed land surveyor in Virginia, representing the Orrah Adams Estate, containing approximately 28.9 acres, zoned RA (Rural Areas), for a minor subdivision of the property, and a boundary line adjustment on the adjoining property, owned by Charles D. Adams, containing approximately 25.7 acres. He stated that the Orrah Adams Estate contains two existing lI Frederick County Planning Commission Minutes of January 16, 2002 Page 794 -10- dwellings, situated approximately 61.8 feet apart, and the property owners wish to subdivide the parcel in a manner that would have each house situated on an individual parcel. He said the proposed subdivision would create a new property line evenly dividing the setback distances between the two existing dwellings Deputy Director Lawrence gave the details of the subdivision as follows: the new side setback for both dwellings would be 30.9 feet, which is 19.1 feet less than the required 50 -foot setbacks applicable to the zoning district; in accordance with Chapter 144 -5 of the Subdivision Ordinance, the property owners are requesting a waiver of the setback requirements specified in Chapter 165 -55 of the Zoning Ordinance; this waiver request would apply to existing dwellings on the newly created parcels; the property line adjustment will result in the parcel owned by Charles Adams to not comply with the 4:1 depth -to -width requirements as specified in Chapter 165 -56B and Mr. Adams has requested a waiver to allow the boundary line adjustment. There were no public comments regarding this request. There were no issues raised by the Commission. Upon motion made by Mr. Kriz and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the waiver requests of the Orrah Adams Estate and the Charles D. Adams property foran exception to Chapter 165- 55A(2) ofthe Frederick CountyZoning Ordinance, regarding • setback requirements, and Chapter 165 -56B, pertaining to the depth -to -width ratio requirements. Waiver Request of O. L. Payne and Ruth B. Payne, submitted by Marsh & Legge Land Surveyors, P.L.C., for an exception to Chapter 144 -24C of the Frederick County Subdivision Ordinance regarding access to a public street or right -of -way. The property is identified with P.I.N. 44 -1 -D in the Stonewall Magisterial District. Action - Recommended Approval with Stipulation Chairman DeHaven announced that he would abstain from discussion and voting on this item due to a possible conflict of interest. He then turned the conduction of the meeting over to Vice Chairman Thomas. Planning Director Evan A. Wyatt stated that staff has received a request from Mr. H. Bruce Edens of Marsh and Legge Land Surveyors, P.L.C., who represents Mr. O. L. Payne, the owner of approximately 36.49 acres, split-zoned MHI (Mobile Home) Community and MI (Light Industrial) District, who is proposing a subdivision along the CSX Railroad right -of -way. Director Wyatt explained that both subdivided parcels would contain mobile homes and would be accessed by the • Frederick County Planning Commission Minutes of January 16, 2002 Page 795 -11- existing private right -of- way. He pointed out that the existing recorded right -of -way was unfortunately • recorded without a designated right -of -way width; however, both owners are working to establish a clear 50 -foot right -of -way designation so that hard - surfacing may be accomplished in the future, if it is desired. Commissioners inquired ifa 50',right -of -way would encroach on any existing units and Director Wyatt replied that it would not. He added that the 50 -foot recorded width is not critical to the granting of the requested waiver, however, this would be an appropriate time to have the width legally recorded. Mr. H. Bruce Edens of Marsh and Legge Land Surveyors, P.L.C., representing Mr. O. L. Payne, stated that they will not be changing the use of this property. Mr. Edens said that they were pursuing the recorded 50 -foot right -of -way width as requested. There were no public comments. .. No other issues of concern were raised by the Commission. Upon motion made by Mr. Light and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the waiver request of O. L. Payne and Ruth B. Payne, submitted by Marsh & Legge Land Surveyors, P.L.C., for an exception to Chapter 144 -24C of the Frederick County • Subdivision Ordinance, regarding access to a public street or right -of -way, with the stipulation that a 50 -foot right -of -way is legally executed prior to subdivision approval by the staff. (Note: Chairman DeHaven abstained from voting.) Vice Chairman Thomas relinquished the conduction of the meeting back over to Chairman DeHaven. OTHER RECOGNITION OF NEWLY- APPOINTED PLANNING COMMISSIONERS OF THE RED BUD DISTRICT - MS. PAT GOCHENOUR AND MS. MARIE F. STRAUB Chairman DeHaven recognized the two newly- appointed Planning Commissioners of the Red Bud District, Ms. Pat Gochenour and Ms. Marie F. Straub, who were observing from the LI Frederick County Planning Commission Minutes of January 16, 2002 Page 796 -12- audience. Chairman DeHaven said that Ms. Gochenour and Ms. Straub will be officially attending their first Planning Commission meeting on February 6, 2002. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 9:10 p.m. by Respectfully submitted, W � - xl:�� - Evan A. Wyatt, Secretary C p a hj . a 6 aA Charles S. DeHaven, Jr., Chairman • • Frederick County Planning Commission Minutes of January 16, 2002 Page 797