Loading...
PC_10-16-02_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 October 16, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; Gene E. Fisher, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairman/ Opequon District; William C. Rosenberry, Shawnee District; John H. Light, Stonewall District; Robert Sager, Board of Supervisors' Liaison; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director, Abbe S. Kennedy, Senior Planner; Patrick T. Davenport, Zoning Administrator; Rebecca Ragsdale, Planner 1; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chainnan DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - AUGUST 21, 2002, SEPTEMBER 4, 2002, & SEPTEMBER 18, 2002 Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the minutes of August 21, 2002 were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of September 4, 2002 were unanimously approved as presented. Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, the minutes of September 18, 2002 were unanimously approved as presented. Frederick County Planning Commission Minutes of October 16, 2002 Page 943 -2- ® COMMITTEE REPORTS Comprehensive Plans & Proerams Subcommittee (CPPS) - 10/14/02 Mtg. Chairman DcHaven reported that the CPPS discussed several proposals. He said the CPPS is waiting for historical information on the Northeast Land Use Plan re- evaluation. Sanitation Authority (SA) - 10/15/02 Mtg. Commissioner Fisher stated that the SA's Director reported that 4.5" of rain fell last month, reducing the deficit to 12.1" since of July of 1998. The following items were also reported: the South quarries remain stable at about 1.1 million gallons and approximately three million gallons are being purchased from the City; due to work being done on the computer controls, the SA predicts it will be another month before the North Water Treatment Plant opens; the SA approved four projects to be advertised for bid, which include the I -81 rest area, the maintenance facilities design, the Miller Heights sewer system design, and the Parkins Mill sludge plans. Commissioner Fisher also reported that the SA's CPA, Mr. Michael Kilmer, read the audit report. Commissioner Fisher next read a statement that was presented to the Authority last night by the Sanitation Authority's Chairman, Mr. Anderson, in which Mr. Anderson wanted to correct some ® inaccurate statements he believed were made by a Board of Supervisors' member. PUBLIC HEARING Update of the 2003 -2004 through 2008 -2009 Frederick County Secondary Road Improvement Plan and the Construction Priority List for 2003 -2004. Identification of prioritized major road improvement projects, hard surface road improvement projects, and incidental construction projects will be presented. Action - Recommended Approval Senior Planner, Abbe S. Kennedy, presented the Update of the 2003 -2004 through 2008- 2009 Frederick County Secondary Road Improvement Plan and the Construction Priority List for 2003- 2004. Planner Kennedy stated that the plan includes allocation for major road improvements, hard surface road improvements projects, and incidental construction projects, all of which are based on priority. She reported that the Transportation Committee held a public hearing on October 1, 2002 and unanimously voted to forward the plan to the Planning Commission for recommendation to the Board of Supervisors. Planner Kennedy pointed out that no new major road improvement projects were added to the list this year; she noted the recent completion of Greenwood Road, from Senseny Road to Valley Mill • Frederick County Planning Commission Minutes of October 16, 2002 Page 944 -3- Road, was moved off of the list and the other priorities were bumped up. She next pointed out and ® described the four major road improvement project priorities on a display map for the Commission. Those major road improvement projects included: two sections ofAylor Road (Rt. 647), Warrior Drive (Rt. 719), Greenwood Road (Rt. 656), and Sulphur Springs Road (Rt. 655). Planner Kennedy next pointed out and described the three designated hard - surface road improvement projects, which included: two sections of Adams Road (Rt. 689) and Back Creek Road (Rt. 704). Planner Kennedy introduced Mr. Jerry Copp, Resident Engineer, with the VDOT- Edinburg Residency, who was available to answer questions from the Commission. Chairman DeHaven called for public comments, however, no one came forward to speak. Upon motion made by Commissioner Kriz and seconded by Commissioner Straub, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the Update of the 2003 -2004 through 2008 -2009 Frederick County Secondary Road Improvement Plan and the Construction Priority List for 2003 -2004 to the Board of Supervisors. Conditional Use Permit #11 -02 of Shenandoah Gas Company for a 120' monopole commercial telecommunications facility to be located at 350 Hillandale Lane, a 10.9 -acre site, zoned MI. This property is identified with P.I.N. 63 -2 -A in the Shawnee Magisterial District • Action - Recommended Approval with Conditions Planner Rebecca Ragsdale stated that the proposed facility would replace two existing structures, a 42' lattice tower and a 110' monopole tower, which make up Shenandoah Gas's internal communication system. She said the applicant has stated that the two existing structures are outdated and do not provide enough capacity for the company. She said the applicant has stated that expansion of the existing towers is not feasible and, in addition, the gas company would like to upgrade technologically. Planner Ragsdale stated there were no negative review agency comments and the proposed location meets all setbacks. She said that Staff believes this application has adequately addressed the requirements of the zoning ordinance and she read a list of seven conditions recommended by the staff to be placed on the conditional use permit, if the Commission found the use to be appropriate. Mr. Gregory S. Tulley, the Director of Planning and Zoning for Site Solutions, L.L.C., located at 5402 Starkey Road in Roanoke, Virginia, came forward and introduced himself, along with Mr. John L. Whitmer, a Section Leader for Washington Gas and author of the Justification Statement included with the application materials, and Mr. Lynn Koerner, Real Estate Acquisition Specialist for Site Solutions. Mr. Tulley said that collectively, they represent the interests of Shenandoah Gas, Inc., a subsidiary of Washington Gas and Light Company. Mr. Tolley continued, stating that the tower is not being constructed to primarily accommodate the needs of any wireless provider; the need for the larger structure is exclusively for the is Frederick County Planning Commission Minutes of October 16, 2002 Page 945 4- benefit of Shenandoah Gas's internal two -way radio system. He explained that the existing two towers are ® part of a 30 -year old analog system, that has been outgrown by Shenandoah Gas. He said the new 120' tower will replace the two existing towers and help to take the internal communication system into the new digital modem age. Mr. Tulley submitted a letter from the Virginia Department of Historic Resources which stated that the project will not have an adverse impact on adjoining historic resources. Chairman DeHaven asked Mr. Tulley if he was comfortable with all of the recommended conditions. Mr. Tolley replied that they do not have a problem with the spirit of Condition #7, however, it is a little vague in terms of where on the tower a space would be reserved for Frederick County Emergency Communication Services. Chairman DeHaven believed that clarification on this condition was reasonable. Commissioner Morris said he thought Mr. Tulley had stated that this was an internal company tower and the applicant had no intention of using it for personal wireless services. Mr. Tolley replied that they are asking for an internal system, however, the tower is being designed for co- locations and will be made available to anyone who wants to use it. Mr. Tolley stated that the structural capacity of the tower will support three additional users. Chairman DeHaven called for public comments, however, no one came forward to speak. The Commission believed the applicant had adequately addressed the requirements of the Zoning Ordinance and believed the request was appropriate. Upon motion made by Commissioner Ours and seconded by Commissioner Triplett, ® BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit # 11 -02 of Shenandoah Gas Company for a 120' monopole commercial telecommunications facilityto be located at 350 Hillandale Lane 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 co- locating personal wireless services 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. Existing towers on the site shall be removed within three (3) months after construction of the proposed tower, to allow time for transfer of existing communication equipmentto the new tower. 6. In the event a telecommunication tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the Conditional Use Permit will be deemed invalid. The tower shall have space reserved for Frederick County emergency communication services. Frederick County Planning Commission Minutes of October 16, 2002 Page 946 5- E A motion was made by Commissioner Morris, seconded by Commissioner Kriz, and unanimously passed to include the letter from the Historic Resources Advisory Board, submitted by the applicant's representative, Mr. Gregory S. Tolley, as a part of the official record. Rezoning #11 -02 of Danford Ridge, submitted by Greenway Engineering, to revise the previously - approved proffer statement associated with the original application, Rezoning #019 -98. This property is located on the west side of Front Royal Pike (Rt. 522) across from Parkins Mill Road (Rt. 644) and is identified with P.I.N.s 76 -A -22 and 76 -A -23 in the Shawnee Magisterial District. Action - Recommended Approval Planning Director Eric R. Lawrence stated that Rezoning Application 411 -02 is actually a revised proffer. Director Lawrence noted that in 1999, the County approved a rezoning from RA to RP which enabled a 250 -home residential development with proffers regarding a generalized development plan, access to the property, and viewshed protection, etc. He explained that the property has since been acquired by the developer of the Canter Estates project who is interested in tying the two projects together. Director Lawrence noted that in doing so, they are requesting a revision to the proffers which would enable the generalized development plan to be modified regarding the transportation element. Director Lawrence stated that the proposed proffer revisions would reduce the project's entrance on Rt. 522 from a primary to a secondary entrance; this change would eliminate the previously proffered improvements to Rt. 522 which established a median break/cross -over. He said the proposed entrance onto Rt. 522 would be a secondary entrance to the project and would be a right -in/ right -out configuration. He added that the revised proffer proposes to utilize an access into the adjacent development, Canter Estates, Section III, via Ruddy Drive. He further added that Canter Estates, Section III, will have an entrance onto Rt. 522 at an existing median break. Director Lawrence reviewed the revised proffers with the Commission. In conclusion, he stated that the applicant has not requested a change to the type of residential development that was previously approved; the submitted proffer statement continues to limit development on the property to 250 single - family lots. He said the proposed use continues to be consistent with the County's Comprehensive Policy Plan and is consistent with the residential development patterns in the immediate vicinity. He added that the request to revise the transportation portion of the proffer statement will not increase the number of proposed entrances onto existing public roads, but will redirect the generated traffic to a single median break on Rt. 522. Mr. Evan A. Wyatt, with Greenway Engineering, was present to represent the owner, Beverley B. Shoemaker, and the Danford Ridge project. Mr. Wyatt said the previously- approved proffer offered the applicant's intention to work with the adjoining Wakeland Manor developers on an agreement for the location of the Warrior Drive project. Mr. Wyatt indicated the applicant's intention to keep the original proffer statement in tact, but to modify the transportation component to provide improved traffic Frederick County Planning Commission Minutes of October 16, 2002 Page 947 ME management. He said they now have a connection with Canter Estates, Section III, which will go into the • property and provide a second means of access; they are now able to make the connection at Rt. 522 a right -in/ right -out only, thereby eliminating the crossover and providing improved safety; and they have worked out a mutually - agreeable solution with representatives of the Wakeland Manor project for a proposed location for Warrior Drive. In addition, Mr. Wyatt said that theywere able to provide a 100'right- of -way for Warrior Drive, which is identical to that on the Wakeland Manor MDP, on the revised proffer statement. He added that VDOT has already informed the applicant that there maybe a potential for signalization at the crossover at Clydesdale, which should be studied at the subdivision design stage; it will not be known until that time if VDOT warrants can be met for signalization. Chairman DeHaven called for public comments, however, no one came forward to speak. Commission members were interested in VDOT's comments as to whether the revised proffers would provide improved traffic safety and flow. Mr. Jerry Copp, VDOT's Resident Engineer, believed the transportation proposal was appropriate at this particular location. However, Mr. Copp was concerned that VDOT may end up financing signalization all on their own because Canter Estates is currently being constructed and the construction of Danford Ridge will come later. Commission members were satisfied that their concerns had been addressed by the applicant, VDOT, and the staff. Upon motion made by Commissioner Morris and seconded by Commissioner Kriz, • BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning # 11 -02 of Danford Ridge, submitted by Greenway Engineering, to revise the previously- approved proffer statement associated with the original application, Rezoning #019 -98. PUBLIC MEETING Request of Michael and Linda Ferraro for a waiver to the Frederick County Code, Chapter 144, Subdivision Ordinance, Section 144- 31C(3), which would enable the Ferraros to subdivide their property without the necessary 50' right -of -way width for a private shared driveway. This waiver, if approved, would apply to this specific subdivision request. Any future subdivision requests for this property would be required to meet the requirements of Section 144- 31C(3). Action - Recommended Denial Commissioner Watt said that he would abstain from all discussion and voting on this item due to a possible conflict of interest. Zoning Administrator Patrick T. Davenport reported that Michael and Linda Ferraro are requesting a waiver of a subdivision ordinance requirement, Section 144 -31 C(3), which requires that a 11 Frederick County Planning Commission Minutes of October 16, 2002 Page 948 7- minimum width for a private shared driveway be 50' in width. He stated that this width must be established • along an existing right -of -way out to the nearest state road; the nearest state road in this case is Rt. 707 (Hollow Road). Administrator Davenport said the Ferraros are proposing to subdivide the 108.98 -acre tract into two new parcels; Tract 1 would contain approximately 73.47 acres and Tract 2 would contain approximately 35.51 acres and would retain the dwelling currently under construction. Administrator Davenport explained that the required 50' right -of -way exists through three adjoining tracts, but the right - of -way width is unknown through six parcels. He said that the Ferraros were required to request the additional right -of -way width from those eight property owners. Administrator Davenport noted that the Ferraros did not receive any written responses to their requests and were unsuccessful in their attempts to obtain the necessary right -of -way width. He said the Ferraros are now requesting a waiver that would enable them to subdivide their property without the necessary 50' right -of -way width for their shared private driveway. In conclusion, Administrator Davenport stated that the Ferraro's attorney, Mr. Robert T. Mitchell, Jr., requested that copies of the proposed covenants, which would be recorded along with the subdivision plats, be distributed to the Planning Commission. Administrator Davenport presented copies of the covenants to the Commission. Mr. Michael Ferraro, the owner of the property, was available to answer questions from the Commission. Chairman DeHaven called for public comments and the following persons came forward to speak: • Mr. Joseph Marple, owner of property over which the right -of -way crosses, read a prepared statement regarding his issues with the Ferraro's request. Mr. Marple's statement reported a series of events which began in November of 2000, when Mr. Ferraro placed a locked gate closing access to Mr. Marple's land. Mr. Marple said that he sought legal counsel and was granted permission to remove the gate. Mr. Marple was of the opinion that Mr. Ferraro knew that a 50' right -of -way was not available when he purchased his property. Mr. Marple believed that Mr. Ferraro will continue to pursue subdivision of his property and attempt to use the narrow right -of -ways across adjoining properties for access. Mr. Marple requested that the Commission deny the Ferraro's request for a waiver. Ms. Renee Lafollette, representing Allan Lafollette's property, stated thattheywere against placing the 50' right -of -way through their property and were against the granting of any waivers. Ms. Lafollette said they did not want to be forced into a position where they have to give up some of their property to provide access to a land- locked parcel. In addition, Ms. Lafollette raised the point of providing fire protection for properties that are accessed by, basically, a "horse and buggy path." Mr. Patrick Huntley, owner of property over which the right -of -way crosses, was opposed to granting any waivers because he did not want a subdivision developed behind his property. Janice Lafollette Scholl, representing Allan Lafollette's property, stated that their property has been in their family for about 100 years. Ms. Scholl said that the Ferraro's property is landlocked. She said she did not want to see a road going through their family farm; she said the road through their property is only seven and a half feet wide. She was opposed to granting a waiver. Frederick County Planning Commission Minutes of October 16, 2002 Page 949 -g - Ms. Pat Smallwood, owner of property over which the right -of -way crosses, stated that they • operate a tree farm: Ms. Smallwood said that access to her property crosses about six other properties. Ms. Smallwood said this is an inconvenience; she said they have been unable to get a double lane. Ms. Smallwood was of the opinion that it was unjust for other property owners to be able to limit the use of her property and interfere with her right to make a living off her property. Mr. Thomas W. Wall, adjoining property owner and owner of property over which the right -of -way crosses, was concerned that if the right -of -way was granted, the Ferraro's property would be subdivided and more homes would be built. Mr. Wall said that he chose to place his home on this property because of the low population density, low traffic, low noise pollution, and the country setting. He was opposed to the granting of the waiver. Mr. John T. Watt, Jr. came forward to speak on behalf of himself and Mr. Tommy Watt. Mr. Watt said that they own property adjoining Mr. Ferraro's. Mr. Watt said that Mr. Ferraro knew the situation with the right -of -way when he purchased the property. Mr. Watt said that the increased right -of- way width would interfere with his peach orchard. Mr. Joseph Marple returned to the podium and presented some photographs ofthe right -of- way to the Commission. Mr. Michael Ferraro, the applicant, said that he has placed a declaration of restrictions on his property limiting future subdivision to one time and only two lots. i Members of the Commission stated that they could not support the waiver request with so many of the adjoining property owners being opposed to it and because of the uncertainty about the actual width of the right -of -way that traverses the various properties. Upon motion made by Commissioner Gochenour and seconded by Commissioner Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend denial of the request of Michael and Linda Ferraro for a waiver to the Frederick County Code, Chapter 144, Subdivision Ordinance, Section 144 -31 C(3), which would enable the Ferraro's to subdivide their property without the necessary 50' right -of -way width for a private shared driveway. (Commissioner Watt abstained from voting.) Upon motion made by Commissioner Kriz, the Commission unanimously agreed to include the letter and associated documents from Hall, Monahan, Engle, Mahan & Mitchell, dated October 15, 2002, as a part of the official record. CJ Frederick County Planning Commission Minutes of October 16, 2002 Page 950 a • DISCUSSION OF DEVELOPMENT REVIEW FEES Action - Recommended Approval Planning Director Eric R. Lawrence stated that the Planning Staff has completed a comprehensive analysis of the County's current development review fees, the results of which indicate the need to increase fees to more appropriately compensate the County for the time and resources allotted to review development proposals. Director Lawrence stated that the adoption of a revised development fee schedule is recommended to resolve this issue. He then reviewed the proposed fee 'schedule for the Commission's consideration. Director Lawrence added that he intends to present this to the Board of Supervisors jointly with the Department of Public Works, who is also reviewing and recommending an increase in the building permit fees. Commission members were concerned about the fairness in the increase to the fees for a homeowner who is just seeking to start a small business through a conditional use permit. A question was raised by a Commission member as to whether or not the proposed fee schedule would encourage or discourage growth in either the RA (Rural Areas) or the UDA (Urban Development Area). Director Lawrence replied that it would not either encourage or discourage growth. After some discussion, the Commission members believed the increased fees were • appropriate, especially since the fees had not been revised in a number of years. Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the increase in fees to the development review fee schedule. OTHER CANCELLATION OF THE COMMISSION'S JANUARY 1, 2003 MEETING Planning Director Eric R. Lawrence stated that the Commission's first meeting of the new year falls on January 1, 2003, a holiday. Director Lawrence inquired if the Commission wanted to reschedule that meeting or cancel it. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously voted to cancel their January 1, 2003 meeting. Frederick County Planning Commission Minutes of October 16, 2002 Page 951 -10- ® COMMENTS BY COMMISSIONER GOCHENOUR Commissioner Gochenour stated that she had a statement to read and report and she wanted to submit it as part of the agenda for today. Commissioner Gochenour said the statement was to the Planning Commission and Staff, from her, regarding the subject of parliamentary procedure that was raised at the Commission's August 21 meeting. Commissioner Gochenour proceeded to read her statement. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:45 p.m. by a unanimous vote. • Eric Witab/cnce, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of October 16, 2002 Page 952