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Home My WebLink AboutPC 01-19-22 Meeting MinutesFrederick County Planning Commission Page 3888 Minutes of January 19, 2022 MEETING 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 January 19, 2022. PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; William A. Orndoff, Stonewall District; H. Paige Manuel, Shawnee District; Mollie Brannon, Back Creek District; Charles E. Triplett, Gainesboro District; Kathleen Dawson, Red Bud District; Austin Cano, Assistant County Attorney. ABSENT: Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek District. STAFF PRESENT: Candice E. Perkins, Assistant Director; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the January 19, 2022 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Kenney commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Triplett and seconded by Commissioner Thomas the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Oates, the Planning Commission unanimously adopted the minutes from the December 15, 2021 meeting. ------------- Frederick County Planning Commission Page 3889 Minutes of January 19, 2022 COMMITTEES City of Winchester – Mtg. 01/18/22 Commissioner Pifer, Winchester City Planning Commission Liaison, reported the Commission recommended approval of an ordinance to rezone 2.82 acres from Medium Density Residential District to Medium Density Residential District with Planned Unit Development Overlay and an ordinance to rezone 36 parcels containing approximately 10.6 acres from Commercial Industrial District and Limited High Density Residential District to Central Business District. They also discussed a resolution to initiate a text amendment to the code that defines solar energy systems. NELUP Committee Commissioner Oates reported the Committee worked their way from Fort Collier to Old Charlestown Road. At the next meeting they plan to review the area from Old Charlestown Road to Brucetown Road. ------------- CITIZEN COMMENTS Chairman Jewell called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. Mr. Bob Clarke of the Opequon District came forward representing the Exit 302 Smart Development Coalition group and once again shared the concerns of the planned Sheetz Corporation building in Middletown. He presented some history of the property and stated they would ideally like to sit down with the Sheetz Corporation and see if they can reach an agreement that will benefit both parties. No one else came forward to speak and Chairman Jewell closed the public comments portion of the meeting. ------------- PUBLIC HEARING Conditional Use Permit #14-21 for Terrence Price submitted to construct a 60’ tall wireless telecommunication tower. The property is located at 1104 Rockwood Trail, Winchester, Virginia and is identified with Property Identification Number (PIN) 49B03-123-251 in the Back Creek Magisterial District. Action – Recommend Approval Candice E. Perkins, Assistant Director, reported this request for a CUP is to allow for the construction of a 60-foot wireless telecommunication tower for personal use at 1104 Rockwood Trail, in the Back Creek Magisterial District. The subject property is zoned R5 (Residential Recreational Community) District and is within the Shawneeland subdivision. She continued, the proposed 60-foot Frederick County Planning Commission Page 3890 Minutes of January 19, 2022 commercial telecommunication facility is located on a 1.9+/- acre property. The Zoning Ordinance allows for commercial telecommunication facilities in the R5 Zoning District with an approved CUP. Ms. Perkins explained, the Comprehensive Plan provides guidance when considering any land use action. The Comprehensive Plan identifies this area of the County to remain residential in nature which is consistent with the current zoning and use of the site; the properties adjacent to this proposed tower are vacant and zoned R5 District. Ms. Perkins presented the Conditions of Approval as recommended by Staff: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating of personal wireless services providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. Commissioner Oates asked if the tower was attached to a building would they need a CUP. Ms. Perkins stated, in order to have administrative approval that would be the case up to 50-feet however this is 60-feet from the ground, so it needs a CUP. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Commissioner Brannon stated she spoke with Mr. Price, and he has no intention to make this tower available to the public. Commissioner Thomas inquired, does the Applicant understand Condition #2 and if someone wants to collocate on the tower it would have to be allowed. Mr. Price, the Applicant came forward and stated it was his understanding if someone was going to collocate it would require a new CUP. Ms. Perkins explained, if someone else in the vicinity wanted wireless service the optional thing would be to collocate on an existing tower if at all possible and work with the property owner and the County. Mr. Price commented he is concerned as the property owner that he would be liable for what happens on the property if collocation is allowed. Commissioner Thomas inquired if he would have to get an indemnification from the person wanting to collocate that would indemnify him from any liability or is the County responsible since we are requiring him to allow others to collocate on the tower. Austin Cano, Assistant County Attorney commented he believes that is correct and would like to do more research before giving a definitive answer. Commissioner Manuel commented there would have to be a legal document between the property owner and those wishing to collocate. Commissioner Oates stated he feels Condition #2 should be removed and Commissioner Thomas agreed. Ms. Perkins commented Condition #2 can be removed by the Planning Commission. Commissioner Dawson inquired what if the property owner does want to have someone collocate after this is removed. Mr. Price stated he does not want that. Upon a motion made by Commissioner Brannon and seconded by Commissioner Dawson with the removal of Condition #2 BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Conditional Use Permit #14-21 for Terrence Price submitted to construct a 60’ tall wireless telecommunication tower. The property is located at 1104 Rockwood Trail, Winchester, Virginia and is Frederick County Planning Commission Page 3891 Minutes of January 19, 2022 identified with Property Identification Number (PIN) 49B03-123-251 in the Back Creek Magisterial District. (Note: Commissioner Brumback and Commissioner Kozel were absent from the meeting.) ------------- Cancelation of Regular Meeting Chairman Jewell announced there were no pending items for the Planning Commission’s February 2, 2022 meeting and it will be canceled. ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Triplett to adjourn the meeting. This motion was seconded by Commissioner Manuel and unanimously passed. The meeting adjourned at 7:20 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary