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HomeMy WebLinkAboutPCMinutes2025August6 Frederick County Planning Commission Page 4205 Minutes of July 2, 2025 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 August 6, 2025. PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District; Elizabeth D. Kozel, Shawnee District; Charles Markert, Red Bud District; Kevin Sneddon, Opequon District; Thomas Bottorf, Opequon District; Justin Kerns, Stonewall District; Charles S. DeHaven III, Stonewall District; Betsy Brumback, Back Creek District; Jeff McKay, Back Creek District; Jason Aikens, Gainesboro District; Vaughn Whitacre, Gainesboro District; Mollie Brannon, Member at Large. ABSENT: None STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; Kayla Peloquin, Planner II; Amy L. Feltner, Planner I; Shannon L. Conner, Administrative Guaranty Coordinator. CALL TO ORDER Chairman Stowe called the August 6, 2025 meeting of the Frederick County Planning Commission to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Thomas led the Pledge of Allegiance. ADOPTION OF AGENDA Upon a motion made by Commissioner Thomas and seconded by Commissioner Markert, the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Markert, the Planning Commission unanimously adopted the minutes from the May 21, 2025, June 4, 2025, July 2, 2025 meetings. ------------- 4 Frederick County Planning Commission Page 4206 Minutes of July 2, 2025 COMMITTEES Development Review and Regulations Committee – 7/24/25 Commissioner Kozel reported, the committee discussed a proposal to amend Chapter 165 Zoning Ordinance to clarify the Transfer of Development Rights (TDR) program’s receiving property criteria, transfer process, and development approval procedures. Additionally, Staff proposes revising the adopted Traffic Impact Analysis (TIA) Standards to facilitate the use of the TIA in the consideration of TDR projects and other by right development. Transportation Committee – 7/28/25 Commissioner Brannon reported, the Committee approved a minor update to the Capital Improvement Plan, discussed quotes for Application Assistance and Gainesboro Road Design, and heard updates on various County projects. Conservation Easement Authority – 7/26/25 Commissioner Markert reported, the Authority held the elections of officers and adopted the proposed Bylaws. A presentation on Purchase of Development Rights (PDR) was shared. Historic Resources Advisory Board – 7/18/25 Chairman Stowe reported, the Board reviewed CPPA #01-25 for Middletown Business Park. He shared discussion continued on the use of the historic preservation funding. Board of Supervisors – 7/9/25 Supervisor Liero, Board of Supervisor Liaison, reported the Board held a discussion on an Ordinance Amendment for Transfer of Development Rights & Traffic Impact Analysis Standards Update. He noted, item was sent forward for Public Hearing. ------------- CITIZEN COMMENTS Chairman Stowe 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. No one came forward to speak and Chairman Stowe closed the public comments portion of the meeting. ------------- 5 Frederick County Planning Commission Page 4207 Minutes of July 2, 2025 PUBLIC HEARING Rezoning #04-25 of Laurel Ridge Community College Foundation Inc. (MDP Facilities Solutions) Action – Recommend Approval Amy L. Feltner, Planner I, reported this is a request to rezone 19.81+/- acres from the RA (Rural Areas) Zoning District to the HE (Higher Education) Zoning District with proffers for a technical trade facility. The property is generally located northeast of 131 Garland Snapp Drive, Middletown, and is in the Back Creek Magisterial District. She shared a zoning map and a long range land use map of the property. Mrs. Feltner continued, the proposed rezoning implements the Middletown/Lord Fairfax Area Plan which enhances the existing educational institution and Laurel Ridge Community College which serve Frederick County and the broader region. The Middletown/Lord Fairfax Area Plan expressly stated that Frederick Water will be the party responsible for providing water and sewer to this area. The facility, and the proposed expansion, will continue to be served by the City of Winchester for public water and the Town of Middletown for public sewer services. She presented the generalized development plan (GDP) dated July 2, 2025. Mrs. Feltner concluded, this proposed rezoning implements the Middletown/Lord Fairfax Area Plan, monetary contributions are included to off-set impacts to local fire and rescue services, and there is a dedication of right-of-way for future improvements to Route 11/Valley Pike. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. One member of the public spoke with concern about the location of the proposed building location and an existing easement to a private well. The Applicant stated that they were aware of the easement, and neither the buildings nor internal roadways would be infringing upon the easement. No one else came forward and the Public Hearing was closed for the public comment portion. Chairman Stowe asked for verification of the use of the facility and proposed substation. The Applicant responded that the facility was for training purposes (electrical trade) and would have electricity beyond a normal facility. He noted, the facility would not be associated with producing power. Upon motion made by Commissioner Brumback and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #04-25 of Laurel Ridge Community College Foundation Inc. (MDP Facilities Solutions). Conditional Use Permit #05-25 for Arcola Towers (Frederick Water) Action – Recommend Denial Kayla Peloquin, Planner II, reported this application proposes a 150’ monopole wireless telecommunications facility by Arcola Towers for T-Mobile and a minimum of three (3) additional broadband carriers. The property is located at 330 Lakeside Drive, Stephens City consisting of 14.25+/- acres, in the Shawnee Magisterial District. She shared a zoning map of the property. Mrs. Peloquin continued, the tower would be located within a 50’x50’ fenced area (2,500 square feet) consisting of 8’ tall chain link fence with 3 strands of barbed wire on top. She noted, existing mature landscaping will be utilized for screening. The Applicant has provided a letter certifying the fall radius of 150’ at ground level from a certified professional engineer; the proposed setbacks are greater than 150’ in all direction. Mrs. Peloquin continued, the Public Facilities chapter of the Comprehensive Plan includes broadband and telecommunications section with a goal to “promote the development of a high-quality 6 Frederick County Planning Commission Page 4208 Minutes of July 2, 2025 wireless telecommunications network throughout the County to serve its residents, while protecting the County’s visual landscape, historic resources, and natural resources”. She noted, the proposed tower generally helps the County achieve this goal. Mrs. Peloquin presented the conditions of this conditional use as recommended by Staff: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall not exceed 150’ in height. 3. The tower shall be available for co-locating personal wireless service providers. 4. A minor site plan meeting all requirements of the Zoning Ordinance, including additional regulations for commercial telecommunications facilities (§165-204.19) shall be approved prior to establishment of the use. 5. In the event the telecommunications tower is not constructed within twelve (12) months of approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or change of use shall require a new Conditional Use Permit. Mr. Yates, representing Arcola Towers, stated that the tower location has been carefully selected and that T-Mobile would not be making this investment if it were not necessary as the carriers plan ahead to maintain service levels. In response to questions, Mr. Yates stated the nearest home is 461’ from the base of the tower and electric will be brought to the side underground. T-Mobile initiated the tower and AT&T stated they will collocate as both receive complaints about coverage from customers in the area. The presentation demonstrated the coverage gap without the proposed tower and the coverage should the tower be approved. A generator will be used for emergencies and will be tested for around 30 minutes every couple of weeks, otherwise the maximum noise outside of the fenced compound would be 60 decibels. No lights are required by the FAA and no lights are proposed. The tower is designed for at least two other carriers. The fall zone radius is 150’, which is fully contained within the subject property. The Planning Commission discussed how much service may degrade in the area with the addition of new residences. Mr. Yates stated that with the anticipated growth further degrading service capacity, the carriers are preemptively making the investment to ensure capacity is available when growth occurs. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. Numerous citizens stated they live in the surrounding neighborhoods and broader Stephens City area and have not had issues with cell service. Residents expressed strong opposition to the proposal, and many residents felt the tower would be an eyesore and do not feel it is necessary. No one else came forward and the Public Hearing was closed for the public comment portion. The Planning Commission debated whether there is a better location for the tower within the subject property. While Frederick County does not identify ideal areas for towers in the Comprehensive Plan, the ordinance requires carriers to collocate on existing towers if available. Upon motion made by Commissioner Thomas and seconded by Commissioner DeHaven to recommend approval (motion failed) Yes: McKay, Markert, Thomas, Kerns, DeHaven No: Brannon, Brumback, Sneddon, Bottorf, Stowe, Kozel, Aikens, Whitacre 7 Frederick County Planning Commission Page 4209 Minutes of July 2, 2025 Upon motion made by Commissioner Aikens and seconded by Commissioner Brannon to recommend denial BE IT RESOLVED, the Frederick County Planning Commission does recommend denial of Conditional Use Permit #05-25 for Arcola Towers (Frederick Water). Yes: Brannon, Brumback, Sneddon, Bottorf, Stowe, Kozel, Aikens, Whitacre No: McKay, Markert, Thomas, Kerns, Dehaven 2025-2030 Capital Improvement Plan (CIP) Action – Recommend Approval John A. Bishop, Assistant Director, reported this is a minor update to the CIP Transportation section to clearly identify projects or components of projects that are under application with the Virginia Department of Transportation for funding under the Revenue Sharing Program and the Transportation Alternative Program. The CIP is a prioritized list of capital projects requested by various County Departments and Agencies. He noted, the Plan is created as an informational document to assist in the development of the County’s annual budget; if adopted, the CIP is based on the Comprehensive Plan. Mr. Bishop shared, the County is currently in the Application phase for the following projects: Revenue Sharing (50% State/ 50% County) • Warrior Drive Extension and Brandy Lane upgrade to a State road • Route 11 widening and intersection upgrade at Shawnee Drive • Brucetown Road/Hopewell Road alignment • Back Mountain Road R-Cut intersection upgrade Transportation Alternative Program (80% State/20% County) • Westminster Canterbury Drive Crossing at Route 522 • Tasker Road Multi-Use path from Warrior Drive to Cross Keys Circle Mr. Bishop concluded, the Transportation Committee reviewed this item on July 28, 2025 and recommended approval. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. No one came forward and the Public Hearing was closed for the public comment portion. Upon motion made by Commissioner Aikens and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of the 2025-2030 Capital Improvement Plan (CIP) Transportation Section. ------------- OTHER Wyatt G. Pearson, Director, reported an email was sent out to all Planning Commission Members regarding Comp Plan conversations and to please let Staff know when available. He continued, 8 Frederick County Planning Commission Page 4210 Minutes of July 2, 2025 as an update, the inter parcel waiver connection for Lake Frederick; were able to sign an MDP for revision 6 in final MDP phases within Lake Frederick and it did include an inter parcel connection. Mr. Pearson stated Staff is reviewing Site Plans for the Publix on Route 277 and the Jordan Spring Elementary expansion. Commissioner Thomas asked is it possible to set aside an area for cell phone towers as a by- right use for large rezonings in residential areas. Mr. Pearson commented it would require a CUP alongside the Rezoning and could ask the residential developer to do this, but they would not be required to. ------------- ADJOURNMENT No further business remained to be discussed, and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Aikens and unanimously passed. The meeting was adjourned at 8:50 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary 9