HomeMy WebLinkAbout01-23 PC Memo 3-6-23COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Mark R. Cheran, Zoning and Subdivision Administrator
RE: An appeal of the decision of the Subdivision Administrator in the administration
of the Frederick County Code Subdivision of Land Chapter § 144 Section 25
DATE: March 6, 2023
REASON FOR APPEAL: This is an appeal of the decision of the Subdivision Administrator
from Walsh, Colucci, Lubeley & Walsh, P.0 on behalf of One Logistics Park, LP, in the
administration of the Frederick Code Chapter § 144 Section 25 Subdivision of Land Utilities and
easements.
§144-5. INTERPRETATIONS AND APPEALS:
The Subdivision Administrator shall have the authority to make interpretations concerning the
application of the requirements of this chapter. Any person aggrieved by an interpretation made
by the Subdivision Administrator may appeal that interpretation to the Board of Supervisors, with
a recommendation from the Planning Commission. Variations in or exceptions to the provisions
of this chapter may be granted by the Board of Supervisors in cases of unusual situations or strict
adherence to the regulations would result in substantial injustice or hardship.
CODE 144 REQUEIREMENTS:
§144-25(A). Easements shall be recorded in subdivisions for all utility lines according to the
requirements of the relevant utility companies.
§144-25(B). Underground utilities. All electric, telephone and cable television lines shall be
installed underground. This requirement may be waived by the Board of Supervisors for
subdivisions and lots in business and industrial zoning districts not requiring an approved master
development plan or subdivisions in business and industrial zoning district that were approved
prior to the adoption of this chapter. Underground utilities shall be required in new industrial parks
office parks and shopping centers, as defined by Chapter 165, Zoning, of the Frederick County
Code.
PROPERTY LOCATION AND ZONING: The Property (`Property") is identified with Property
Identification Number 64-A-83 within the Shawnee Magisterial District and is zoned MI (Light
Industrial) Zoning District.
Appeal of Subdivision Administrator
March 6, 2023
Page 2
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) District
East: M1 (Light Industrial) District
South: RA (Rural Areas) District
West: MI (Light Industrial) District
Use: Lumber Yard/Transmission Station
Use: Industrial
Use: Airport
Use: Vacant
BACKGROUND: The above referenced Property located within the project known as One
Logistics Park Winchester ("One Logistics") and is subject to Rezoning #01-21, approved by
Frederick County with proffers and proffered General Development Plan (GDP). The Property is
zoned M1 (Light Industrial) Zoning District. One Logistics is subject to Master Development Plan
#05-21 (MDP). The proffered GDP and approved MDP show the general lay out of the roads and
land bays for the development of this project.
The Property is to be served by Rappahannock Electric Cooperative (REC) to supply its electrical
needs. REC in working with the applicant does not have the electrical power availability along
Millwood Pike (Rt. 50) to serve this property. The applicant and REC have reviewed several
alternatives to service this Property at the applicant's behest, these alternatives have proved to be
cost prohibited. This alternative route for this electrical service would be along future Pendleton
Drive. The applicant is requesting the requirements of 144-25 to be temporarily waived to allow
for over head electric service until the Future Pendleton Drive is constructed and accepted by the
Virginia Department Transportation (VDOT). There is no date when the temporary electric service
will be terminated.
This Property has been rezoned four (4) times since 2005 to a higher zoning classification, the
most recent Rezoning #01-21 rezoned the balance of Property to M1. The applicant should have
done their due diligence as to the availability of electrical service to this Property and the other
land bays areas of this project. The other rezonings had approved proffer GDP's and approved
MDP's, the applicant should have taken into the consideration of an alternative route to have
underground utilities serve this property and the other land bays.
Furthermore, the Development Review and Regulations Committee (DRRC) at its January 26,
2023, meeting reviewed possible changes to the Chapter. Furthermore, the Development Review
and Regulations Committee (DRRC) at its January 26, 2023, meeting reviewed possible changes
to Chapter §144 Section 25 to allow waivers to this Section of the Code. The DRRC did not act
on this action.
Appeal of Subdivision Administrator
March 6, 2023
Page 3
Chapter § 144-5 has a high threshold to be meet in terms of granting variations in or exceptions to
the provisions of this chapter may be granted by the Board of Supervisors in cases of unusual
situations or strict adherence to the regulations would result in substantial injustice or hardship.
In this case, the applicant had numerous times throughout the land use action(s) process to evaluate
the availability of underground electric service to serve the property. The strict application of the
Frederick County Code does not produce an undue hardship as the hardship is self-inflicted by the
applicant.
STAFF CONCLUSIONS FOR THE MARCH 14 2023: Staff is seeking a recommendation
from the Planning Commission to be forwarded to the Board of Supervisors to affirm the decision
of the Subdivision Administrator in the administration of the Frederick County Code Chapter § 144
Section 25.
MRC/pd
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Mark R. Cheran, Zoning and Subdivision Administrator
RE: An appeal of the decision of the Subdivision Administrator in the administration
of the Frederick County Code Subdivision of Land Chapter § 144 Section 25
DATE: March 6, 2023
REASON FOR APPEAL: This is an appeal of the decision of the Subdivision Administrator
from Walsh, Colucci, Lubeley & Walsh, P.C-on behalf of One Logistics Park, LP, in the
administration of the Frederick Code Chapter § 144 Section 25 Subdivision of Land Utilities and
easements.
4144-5. INTERPRETATIONS AND APPEALS:
The Subdivision Administrator shall have the authority to make interpretations concerning the
application of the requirements of this chapter. Any person aggrieved by an interpretation made
by the Subdivision Administrator may appeal that interpretation to the Board of Supervisors, with
a recommendation from the Planning Commission. Variations in or exceptions to the provisions
of this chapter may be granted by the Board of Supervisors in cases of unusual situations or strict
adherence to the regulations would result in substantial injustice or hardship.
CODE 144 RE UEIREMENTS:
§144-25(A). Easements shall be recorded in subdivisions for all utility lines according to the
requirements of the relevant utility companies.
§144-25(B). Underground utilities. All electric, telephone and cable television lines shall be
installed underground. This requirement may be waived by the Board of Supervisors for
subdivisions and lots in business and industrial zoning districts not requiring an approved master
development plan or subdivisions in business and industrial zoning district that were approved
prior to the adoption of this chapter. Underground utilities shall be required in new industrial parks
office parks and shopping centers, as defined by Chapter 165, Zoning, of the Frederick County
Code.
PROPERTY LOCATION AND ZONING: The Property (`Property") is identified with Property
Identification Number 64-A-83 within the Shawnee Magisterial District and is zoned M1(Light
Industrial) Zoning District.
Appeal of Subdivision Administrator
March 6, 2023
Page 2
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) District
East: MI (Light Industrial) District
South: RA (Rural Areas) District
West: M1 (Light Industrial) District
Use: Lumber Yard/Transmission Station
Use: Industrial
Use: Airport
Use: Vacant
BACKGROUND: The above referenced Property located within the project known as One
Logistics Park Winchester ("One Logistics") and is subject to Rezoning #01-21, approved by
Frederick County with proffers and proffered General Development Plan (GDP). The Property is
zoned M1 (Light Industrial) Zoning District. One Logistics is subject to Master Development Plan
#05-21 (MDP). The proffered GDP and approved MDP show the general lay out of the roads and
land bays for the development of this project.
The Property is to be served by Rappahannock Electric Cooperative (REC) to supply its electrical
needs. REC in working with the applicant does not have the electrical power availability along
Millwood Pike (Rt. 50) to serve this property. The applicant and REC have reviewed several
alternatives to service this Property at the applicant's behest, these alternatives have proved to be
cost prohibited. This alternative route for this electrical service would be along future Pendleton
Drive. The applicant is requesting the requirements of 144-25 to be temporarily waived to allow
for over head electric service until the Future Pendleton Drive is constructed and accepted by the
Virginia Department Transportation (VDOT). There is no date when the temporary electric service
will be terminated.
This Property has been rezoned four (4) times since 2005 to a higher zoning classification, the
most recent Rezoning #01-21 rezoned the balance of Property to M1. The applicant should have
done their due diligence as to the availability of electrical service to this Property and the other
land bays areas of this project. The other rezonings had approved proffer GDP's and approved
MDP's, the applicant should have taken into the consideration of an alternative route to have
underground utilities serve this property and the other land bays.
Furthermore, the Development Review and Regulations Committee (DRRC) at its January 26,
2023, meeting reviewed possible changes to the Chapter. Furthermore, the Development Review
and Regulations Committee (DRRC) at its January 26, 2023, meeting reviewed possible changes
to Chapter § 144 Section 25 to allow waivers to this Section of the Code. The DRRC did not act
on this action.
Appeal of Subdivision Administrator
March 6.2023
Page 3
Chapter § 144-5 has a high threshold to be meet in terms of granting variations in or exceptions to
the provisions of this chapter may be granted by the Board of Supervisors in cases of unusual
situations or strict adherence to the regulations would result in substantial injustice or hardship.
In this case, the applicant had numerous times throughout the land use action(s) process to evaluate
the availability of underground electric service to serve the property. The strict application of the
Frederick County Code does not produce an undue hardship as the hardship is self-inflicted by the
applicant.
STAFF CONCLUSIONS FOR THE MARCH 14 2023: Staff is seeking a recommendation
from the Planning Commission to be forwarded to the Board of Supervisors to affirm the decision
of the Subdivision Administrator in the administration of the Frederick County Code Chapter § 144
Section 25.
MRC/pd