DRRC 09-22-11 Meeting Agenda�� COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
To: Development Review and Regulations Committee
From: Candice E. Perkins, AICP, Senior Planner l
Subject: September Meeting and Agenda
Date: September 16, 2011
The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on
Thursday, September 22, 2011 at 7:00 p.m. in the first floor conference room (purple room) of the
County Administration Building, 107 North Kent Street, Winchester, Virginia. The DRRC will
discuss the following agenda items:
AGENDA
1) Riparian Buffers. Continued discussion on revisions to the Frederick County Zoning
Ordinance to revise the riparian buffer requirements.
2) Commercial Telecommunication Towers. Discussion on revisions to the Frederick County
Zoning Ordinance to revise § 165-204.19 Telecommunications facilities, commercial.
Please contact this office if you will not be able to attend the meeting. Thank you.
Access to this building is limited during the evening hours. Therefore, it will be necessary to enter
the building through the rear door of the four-story wing. I would encourage committee members
and interested citizens to park in the County parking lot located behind the new addition or in the
joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing.
CEP/bad
Attachments
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Item ##t: Riparian Buffers
At the DRRC's July 2011 meeting changes to the allowable disturbance for riparian buffers was
discussed. At the July DRRC meeting the committee directed staff to work with the applicant to
further refine the proposed changes. Since the July meeting, staff has worked with the applicant and
the ordinance has been modified.
This ordinance amendment proposes to revise § 165-201.08 (Protection of environmental features) to
include additional allowances for the disturbance of natural waterways and environmental features.
The revision also includes revisions to the definition of "street" and "road". Staff has prepared an
ordinance amendment that includes the following:
• Revision to the definition of "street" and "road" to strike the word "existing". This change
will allow the disturbance of riparian buffers for the construction of new streets or roads.
• Amendment to allow riparian buffers to be disturbed for the following uses or activities:
o Private utilities
o Access to a property
o Riparian buffer restoration or enhancement projects;
o Creation of wetlands;
o Pedestrian, recreational and/or bicycle trails; and,
o The Planning Commission may allow for the disturbance of riparian buffers for the
creation of park areas or for stormwater management purposes.
If the DRRC is supportive of this ordinance amendment, staff will forward it to the Planning
Commission and Board of Supervisors for their consideration.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2
Item #1
Attachment 1
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
§ 165-101.02 Definitions & word usage.
RIPARIAN BUFFER - An area of trees, shrubs, or other vegetation that permits inundation by water and is
at least 35 feet in width, measured outward from both sides of a natural waterway beginning along the
slope of the ground from the channel scar line. A riparian buffer is managed to maintain the integrity of
stream channels and reduce the effect of upland sources of pollution by trapping, filtering, and
converting sediments, nutrients, and other chemicals.
ROAD - A street dedicated to or owned by Frederick County or the Virginia Department of
Transportation; also, existing- privately owned rights-of-way which serve as the principal means of access
to more than one property.
STREET - A roadway dedicated to or owned by Frederick County or the Virginia Department of
Transportation; also, existing g privately owned rights-of-way which serve as the principal means of access
to more than one property.
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
§ 165-201.08 Protection of environmental features.
B. All developments which require a rezoning, master development plan, subdivision design plan, site
plan, or preliminary sketch plan shall preserve the following environmental features as described:
(3) Wetlands, natural waterways, and riparian buffers. Disturbance of wetlands is only permitted in
accordance with the requirements of the United States Army Corps of Engineers or other
qualified state or federal agency. The disturbance of natural waterways and riparian buffers is
prohibited, except when necessary for, and only in conformance with Part 702 the following
i. Public or private utilities;
ii. Public facilities, access to a property or roads;
iii. Riparian buffer restoration or enhancement proiects
iv. Creation of wetlands;
v. Pedestrian, recreational and/or bicycle trails; and
vi. The Planning Commission may allow for the disturbance of riparian buffers for the
creation of park areas or for storm water management purposes.
Additional Definitions for reference:
NATURAL WATERWAY - Creeks, streams, runs, or other annual or perennial waterways identified on
United States Geological Survey, Commonwealth of Virginia or Frederick County maps.
ACCESS - A way or means of vehicular or pedestrian approach to provide physical entrance to a
property.
Itern #2: Commercial Telecommunication Towers
Staff has been requested to revise § 165-204.19 - Telecommunications facilities, commercial. The
primary changes proposed are as follows:
• Changes to the introductory language to include recognition of a 15.2-2232(A) (Code of
Virginia) review in the ordinance.
• Addition of language that states there must be a need for a facility.
• Clarifying that co -location efforts should extend to buildings and structures generally and not
just existing telecommunication towers.
If the DRRC is supportive of this ordinance amendment, staff will forward it to the Planning
Commission and Board of Supervisors for their consideration.
Attachments: 1. Revised ordinance with deletions shown in strikethrough and additions
shown in bold underlined italics.
3
§ 165-204.19 Telecommunications facilities, commercial.
The intent of this sec4ion is te ensufe that the sitin No commercial telecommunication
flies facility shall be sited, constructed, or operated except pursuant to a eecur- *- he
conditional use permit issued through the publie hear -i process defined in Part 103 of Article I
of this chapter. Commercial telecommunication facilities that locate on existing structures and
towers shall be exempt from the conditional use permit requirement. The issuance of a
conditional use permit for the siting construction and operation of a_ commercial
telecommunication faeilities facili is permitted within the zoning districts specified in this
chapter, provided that, pursuant to Section 15.2-2232(A) of the Code of Virginia (1950, as
amended), the general location or approximate location, character, and extent of such
facilities is substantially in accord with the adopted comprehensive plan or part thereof and
that adjoining properties, residential properties, land use patterns, scenic areas and properties of
significant historic value are not negatively impacted.
A. Information required as part of the conditional use permit application and that the Planning
Commission and the Board of Supervisors may consider in acting on the at
shall
include, but not be limited to, the following:
(1) Information regarding the need for the facility, including but not necessarily limited to
usage statistics operational data and maps and reports showink current and
anticipated radio frequency propagation.
{�} QA map depicting the search area used in siting eaeh the proposed commercial
communications facility.
(2) Identification of all service providers and commercial telecommunication facility
infrastructure within a proposed search area. The applicant shall provide confirmation
that an attempts to collocate on an existing structures or towers teleeEMAIRUHiCatio
aefl� have been made and,_ifsuch attempts were unsuccessful, the reasons so.
(3) Information demonstrating that the proposed commercial telecommunication facility is
in compliance with the Federal Communication Commission's established ANSVIEEE
standards for electromagnetic field levels and radio frequency radiation.
(4) J5JAn affidavit signed by the landowner stating that he/she is aware that he/she may be
held responsible for the removal of the commercial telecommunications facility as stated
in § 165-204.19B(7).
B. If the Board of Supervisors grants a conditional use permit under this section, th_e The
following standards shall then apply to any property in which a commercial
telecommunication facility is sited, in order to promote orderly development and mitigate the
negative impacts to adjoining properties residentialpro erties land use patterns, scenic
areas and properties of significant historic value:
(1) The Planning Commission may reduce the required setback distance for
commercial telecommunication facilities as required by § 165-201.03B(8) of this chapter
if it can be demonstrated that the location is of equal or lesser impact. When a reduced
setback is requested for a distance less than the height of the tower, a certified Virginia
engineer shall provide verification to the Planning Commission that the tower is
designed, and will be constructed, in a manner that if the tower collapses for any reason
the collapsed tower will be contained in an area around the tower with a radius equal to
or lesser than the setback, measured from the center line of the base of the tower. In no
case shall the setback distance be reduced to less than 1/2 the distance of the tower
height. Commercial telecommunication facilities affixed to existing structures shall be
exempt from setback requirements, provided that they are located no closer to the
adjoining property line than the existing structure.
(2) Monopole -type construction shall be required for new commercial
telecommunication towers. The Board of Supervisors may allow lattice -type construction
for new telecommunication towers when existing or planned residential areas will not be
impacted and when the site is not adjacent to identified historical resources.
(3) Advertising shall be prohibited on commercial telecommunication facilities
except for signage providing ownership identification and emergency information. No
more than two signs shall be permitted. Such signs shall be limited to 1.5 square feet in
area and shall be posted no higher than 10 feet above grade.
(4) When lighting is required on commercial telecommunication facility towers, dual
lighting shall be utilized which provides daytime white strobe lighting and nighttime red
pulsating lighting unless otherwise mandated by the Federal Aviation Administration or
the Federal Communications Commission. Strobe lighting, shall be shielded from ground
view to mitigate illumination to neighboring properties. Equipment buildings and other
accessory structures operated in conjunction with commercial telecommunication facility
towers shall utilize infrared lighting and motion -detector lighting to prevent continuous
illumination.
(5) Commercial telecommunication facilities shall be constructed with materials of a
galvanized finish or painted a noncontrasting blue or gray unless otherwise mandated by
the Federal Aviation Administration or the Federal Communication Commission.
(6) Commercial telecommunication facilities shall be adequately enclosed to prevent
access by persons other than employees of the service provider. Appropriate landscaping
and opaque screening shall be provided to ensure that equipment buildings and other
accessory structures are not visible from adjoining properties, roads or other rights-of-
way.
(7) Any antenna or tower that is not operated for a continuous period of 12 months
shall be considered abandoned, and the owner of such tower shall remove same within 90
days of receipt of notice from the Frederick County Department of Planning and
Development. Removal includes the removal of the tower, all tower and fence footers,
underground cables and support buildings. If there are two or more users of a single
tower, then this provision shall not become effective until all users cease using the tower.
If the tower is not removed within the ninety -day period, the County will remove the
facility and a lien may be placed to recover expenses.