Town Planning Commission tackles development projects – recommends denial of mayor’s

The Front Royal Planning Commission at its regular meeting on September 15th tackled several development proposals that could affect town streets and neighborhoods. As a usual part of the commission’s meeting format, Chairman Douglas Jones asked if there were any citizen comments on matters not on the agenda, and there were none.

Town Planning Commission members listen as Planning and Community Development Director Lauren Kopishke explains the Planning Department’s Analysis of a Special Exception request for a private street. Royal Examiner Photos Stephen Sill

Turning to the Public Hearing portion of the meeting, the commission considered an application from Poe’s River Edge, LLC for a Special Exception requesting a new, non-dedicated private street for access to its Industrially Zoned (I-2) Property off the end of Kendrick Lane. This exception is required before an industrial subdivision can be approved. The applicant is not proposing any new public streets, instead of allowing for a privately maintained road to the property for future development.

At one time the 10-Acre property was fronted on old Kendrick Ford Road, which was abandoned by the town in 1944. Consequently, a special exception is being requested to provide access. The Director of Planning Lauren Kopishke explained in her presentation to the Commission that the applicants were proposing the conversion of a private right of way to a private road. William “BJ” Biggs, who is the Property Manager for a neighboring parcel, spoke during the Public Hearing. He told the Commission that there is currently not a maintenance agreement with the applicant for the road. He also said that the road under Norfolk Southern railroad overpass at the end of Kendrick Lane on the corner of the proposed access road is subject to severe drainage problems, and that could cut off the parcel completely since there is no other access.

The commissioners asked several clarifying questions of the applicants regarding the access road and the right of way. William Barnett spoke in favor of the proposal, as it facilitates development in that area which is ideal for the purpose. It is largely out of view – and hearing – of the public, far from a flood plain, and has been lying fallow for many years. Industrial property in the Town limits is very limited, so Mr. Barnett asserted that returning it to its intended use will mean increased tax revenues, possibly jobs, and in general a benefit to the community.

William ‘BJ’ Biggs describes the storm drainage issue at the end of Kendrick Lane for Town Planning Commissioners.

At the conclusion of the public hearing, the commissioners had an opportunity to query the applicants. Vice-Chairman Connie Marshner asked one of the earlier witnesses, Mr. Biggs, about the drainage problem he had mentioned in his comments. “Was it because of rain?” Chairman Jones asked if the drainage problems at the spot Mr. Biggs had referred to had been reported to the town. Answer: “Many times.” Commissioner Darryl Merchant commented that there was some uncertainty about the right of way as it was laid out alongside the Old Virginia building on the neighboring plot and although he was certainly in favor of approving this development, there needed to be some clarification about the maintenance responsibilities and the width of the right of way for the private road. He joined other commission members in being concerned with the access point to the property.

Vice-Chairman Marshner introduced a motion that forwards a recommendation of conditional approval to the town council, provided that the right of way be increased to 55 feet along the eastern edge of the parcel, and a turnaround for emergency vehicles be provided. Commissioner Gordon seconded and the commission voted unanimously to approve. The approval authority will be the Front Royal Town Council.

Holloway Construction private subdivision revisited

The second Special Exception application of the night was by Chris Holloway Construction for a new non-dedicated private street in the Steele Subdivision between Steele Avenue and Beeden Lane at the end of Carter Street. The unusual twist, in this case, is that Mr. Holloway is the sitting Mayor of Front Royal, leading to an uncomfortable position for the Planning Department, if not the Planning Commission itself. The proposed private street would service a series of 6 lots in that area for a block of new townhomes.

During the Public Hearing, two neighbors from Steele Avenue addressed the commission. Karen Tinkham testified that the construction on that site has resulted in substantial water and mudflow onto her property and brought photos to show the commission.

Drainage from a construction site in the Steele Subdivision creates a muddy mess in neighboring backyards during the site clearing process.

Another neighbor from Steele Ave, Christopher Settle, also reiterated the drainage problem and reported that the builder had installed some silt fence that may have slowed down some of the drainages, but did not stop it entirely, since the mud could come under the fence. The applicant, Chris Holloway, addressed the commission and acknowledged that heavy rains had caused some mudflow off the site and that his crew had installed a silt fence to stop the flow. He said it was possible that the wash could happen again given the topography of the site. He said the site had originally been lots, but that boundary adjustment had six lots to permit the construction of townhouses on the site, and that a street 20 feet wide was necessary to provide adequate space for the townhouse units on the lots with the required setbacks. Chairman Jones observed that a solution for the mud draining problem should be more permanent than a silt fence. Joe Brogan, who surveyed the property for the project, testified that when the units are completed, and the grassy areas are established. “Hopefully the natural drainage will solve the problem.”

Surveyor Joe Brogan answers questions about solutions for stormwater and mud runoff from the construction site.

Commissioner Merchant led off the commissioner’s comments by observing that the Subdivision Plat for this project had been signed on June 27 by the Town Manager, Interim Planning Director, and Finance Director. Since that time, the applicant was made aware that a Special Exception was required for “subdivisions on new non-dedicated private streets.” The subdivision plat was recorded at the courthouse on July 6 and was vacated on September 14. The request before the commission was to consider the private street and the proposed naming of that street. The problem arose because procedurally, the private street approval must be complete before a subdivision plat can be approved.

The applicant had requested that the new private street be named “Ryder Benson Court/Drive”. Commissioner Merchant expressed concern, as had the Planning Staff in a letter to the applicant, that the proposed street did not provide adequate access to emergency vehicles due to its width. The street would not meet the requirements that the town ordinance specifies. New public town streets must have a 50-foot right of way and have 37-feet of pavement. “Is there any reason we would modify our street standards for this development?” she asked.

One of the intents of the ordinance was to discourage private streets. Property owners on private streets may not have certain benefits that others enjoy – snow removal, trash pickup, or town road maintenance. Commissioners Gordon and Ingram addressed the issue of the process of approval. Planning Director Kopishke said that this request for a private street should be the first in the approval sequence, followed by the subdivision plat, site plan review, and approval, then building permits and inspections. In final remarks, commissioners concurred that the proposal was unworkable in its current form. On a motion by Commissioner Merchant, Seconded by Commissioner Gordon, the Commission then unanimously voted to recommend denial of the request.

Other business

Finally, the commission considered an application for a Special Use Permit by Allen Walters to construct a single-family dwelling on a nonconforming lot in the 1300 block of Warren Avenue. The lot is less than the minimum width and the minimum square footage according to the Town Code. The Planning Department review indicates the proposed dwelling will comply with the conditions established in the Town Code for a Special Use Permit. Before opening the Public Hearing, Commissioner Merchant told the commissioners that the case here was using a single 50-foot lot, unlike previous requests for combining several lots into one. The neighboring dwellings are built on 50-foot lots, and this proposal includes the required property line setbacks and the design of the structure as presented appears to meet the standards of the ordinance – it is what the ordinance was intended to do, it was observed.

William Jackson addresses the commission to object to the building of a dwelling on a lot neighboring his own.

Three citizens from the immediate area addressed the commission to oppose the building of a home on that lot. Neighbors to the north and south, Mr. Jackson and Mrs. Howard, both opposed the building because it was “too close” to their existing homes. Jackson provided some history of the lot and the subdivision itself. He recounted how the property was involved with his family for 50 years. He asserted that the property was given to his Aunt, but the problem was there was no deed. She knew that it was not big enough to build on, but since it adjoined her property, she assumed it as an extension of her own property. The family had been paying taxes and maintaining the property for 40 or 50 years.

Mr. Jackson said that when he eventually checked and discovered that there was no deed to the property and that he did not actually own it, he stopped paying taxes on it, and it went up for public auction. The applicant purchased the property and in conversation with Mr. Jackson, indicated he could possibly put a house on it. Mr. Jackson recalled he told the applicant that it was his understanding the lot was too small to put a house on. It emerged that the applicant does not intend to occupy the dwelling, and Mr. Jackson indicated that he was “basically giving up space” for it to be built.

Denice Howard, who occupies the property just north of the proposed site, was also opposed to its construction. Mrs. Howard addressed the commission to complain that the proposed dwelling would be too close to her house, and could impact the delivery of propane to her property. She was concerned about the loss of privacy and effects on her gas, water, and electricity with the new construction.

Lis Gonzales then addressed the commission to oppose the construction. Ms. Gonzales lives across the street from the proposed site. She said that many of her Spanish-speaking neighbors claimed not to have received the notification letter from the planning department and so could not attend the public hearing. She said that almost 100 percent of the houses on that block are homeowner occupied, and “We take pride” in the area. She also expressed concern about the potential for flooding. The new property, she asserted would be “almost on top of” the neighboring dwelling to the north.

Once the public hearing was closed, Vice Chairman Marshner expressed her sympathy for the neighbors’ plight, but the law says that a property owner has the right to use their property.

Commissioner Ingram concurred with the Vice Chairman’s comments, but the commission must be objective in applying the provisions of the ordinance. He was not comfortable with continuing a non-conformance. Chairman Jones also offered his sympathy for the witnesses and said that the decision must be balanced against the rights of the property owner. Commissioner Merchant reminded the witnesses that the commission only makes a recommendation to the Town Council, and there must still be a hearing there.

Following comments by the individual commissioners, the recommendation to approve the Special Use permit was unanimously passed. The permit application will now go to the town council for a public hearing and a vote.

The meeting was adjourned at 8:10 p.m.