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PC 03-01-17 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 March 1, 2017 PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; William H. Cline, Stonewall District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Charles F. Dunlap, Red Bud District; Christopher M. Mohn, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Gary R. Oates, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District. STAFF PRESENT: Michael T. Ruddy, Director; Mark A. Cheran, Zoning and Subdivision Administrator; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the March 1, 2017 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Thomas and seconded by Commissioner Kenney, the Planning Commission unanimously adopted the agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Cline, the Planning Commission unanimously adopted the minutes from the January 4, 2017 meeting. Frederick County Planning Commission Page 3415 Minutes of March 1, 2017 COMMITTEE REPORTS Frederick County Sanitation Authority (FCSA) — Mtu. 02/21/17 Commissioner Unger reported the FCSA Board held a public hearing to receive comments on the FY 2018-2027 Capital Improvement Plan for FCSA. He explained the 10 year plan has 56 projects, with a total cost of $71 million. Commissioner Unger highlighted two projects with the most significance: Re -Located Anderson Water Treatment Plan; Opequon Water Supply Plan. Commissioner Unger noted these two projects will enable FCSA to expand its water provisions to meet the water demands of the growing community. Commissioner Unger reported: total customer base for water 15,151; total customer base for sanitary 14,659; rainfall for the month 3.58'; water production at the Diehl plant 1.705 MGD; water production at the Anderson plant 1.548 MGD; purchases from the City of Winchester 1.969 MDG; daily average 5.22 MGD. Development Review and Regulations Committee (DRRC) — Mtg. 02/23/17 Commissioner Kenney reported the committee continued discussion on permitted and conditional uses, supplemental regulations and definitions of new uses in the RA (Rural Areas) Zoning District. A discussion was also held on the reduction of the required setbacks for accessory structures on private right-of-ways as noted by Commissioner Kenney. Transportation Committee — Mtg. 02/27/17 Commissioner Kenney reported VDOT presented a SmartScale update. Commissioner Kenney continued, the committee also discussed the MPO Draft work program and Mr. John Bishop presented updates on County projects. City of Winchester — Mtg. 02/21/17 Commissioner Wolfe, Winchester City Planning Commission Liaison, reported a CUP for Long Ridge Cigars, LLC to establish a private club was approved by the Commission. Board of Supervisors Report — Mtg. 02/22/17 Board of Supervisors' Liaison, Supervisor Blaine Dunn reported the Board approved Reliance Road truck restriction in agreement with Warren County. CITIZEN COMMENTS Chairman Wilmot 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 Wilmot closed the citizen comments portion of the meeting. ------------- Frederick County Planning Commission Page 3416 Minutes of March 1, 2017 PUBLIC HEARING Conditional Use Permit #10-16 for William Conley submitted for a cottage occupation -furniture repair shop. The property is located at 5738 North Frederick Pike (Route 522 North) and is identified with Property Identification Number 19 -A -25D in the Gainesboro Magisterial District. Action — Recommend Approval Mark A. Cheran, Zoning and Subdivision Administrator reported this application is for a cottage occupation — furniture repair shop and is located on North Frederick Pike (Route 522 North) and is zoned RA (Rural Areas) District and the land use is Residential. Mr. Cheran continued, the Frederick County zoning ordinances allow a cottage occupation in the Rural Areas zoning District with an approved CUP (Conditional Use Permit). Mr. Cheran explained this proposed cottage occupation will be for a furniture repair business located within an attached garage approximately 21'x 25' in area. Mr. Cheran concluded Staff recommends the following conditions: 1. All review agency comments shall be complied with at all times. 2. No retail sales shall be permitted. 3. Hours of operation Monday -Friday 8:00 a.m. to 5:00 p.m. 4. No employees other than those residing on the property. 5. One cottage occupation sign is permitted. 6. Any expansion or change of use shall require a new conditional use permit. Commissioner Thomas asked if this business has been in operation at this location for some time. Mr. Cheran explained that is correct; this came to the Planning Department as a zoning violation and to resolve the violation the CUP has been brought forth. Commissioner Thomas asked the applicant if he understood and agrees to all of the conditions presented by Staff. Mr. Conley, the applicant stated he understands the conditions and Staff have explained them well. Chairman Wilmot 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 Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Kenney, and seconded by Commissioner Triplett BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #10-16 for William Conley, submitted for a cottage occupation - furniture repair shop. The property is located at 5738 North Frederick Pike (Route 522 North) and is identified with Property Identification Number 19 -A -25D in the Gainesboro Magisterial District. (Note: Commissioners Oates, Ambrogi, and Manuel were absent from the meeting) Frederick County Planning Commission Page 3417 Minutes of March 1, 2017 Conditional Use Permit #01-17 for Bowman Library (Shenandoah Mobile LLC) Wireless Commercial Telecommunication Facility — submitted to construct a wireless telecommunications consisting of a 195 foot telecommunication monopole tower with supporting equipment in a fenced compound. The property is located at Bowman Library at 871 Tasker Road and is identified with Property Identification Number 75B -A-1 in the Shawnee Magisterial District. Action — Recommend Denial Mark A. Cheran, Zoning and Subdivision Administrator reported this proposed 195 foot monopole -type commercial telecommunication facility is located on a 16+/- ac property that is zoned RP (Residential Performance) District. He continued the property is located within the UDA and SWSA as identified within the Comprehensive Plan, and is located within the Southern Frederick Area Plan. Mr. Cheran noted these plans identify this area to remain residential in character. Mr. Cheran explained the Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RP (Residential Performance) Zoning District with an approved Conditional Use Permit (CUP). Mr. Cheran reported the Applicant is requesting a waiver to reduce the required setback as permitted by the Zoning Ordinance and should this waiver be granted, the result will be a 73' setback reduction. Mr. Cheran noted this proposed telecommunication tower is required to be setback from the property line 200 ft. Mr. Cheran presented a locations map of the property and the site of the pole. Mr. Cheran concluded should the Planning Commission find this use appropriate, Staff recommends the following conditions: 1. All review agency comments shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion of change of use shall require a new Conditional Use Permit. Mr. Cheran noted, in addition should the Planning Commission find the waiver to the required setback acceptable; a motion to recommend approval of setback reduction of 73' to allow the tower to be 127' from the identified property would be appropriate. Commissioner Unger asked what the reason the Applicant is in need of a waiver. Mr. Cheran explained the site for the tower is close to the property line. Mr. Ed Donahue, local council for Shentel came forward. He noted Lynn Koerner would be explaining the site acquisition process, and the setback waiver. Mr. Donahue also mentioned Mr. Chris Sahr of Shentel who is a senior RF (radio frequency) engineer that would explain the propagation maps, the need for the tower, and how the site fits within the network. Frederick County Planning Commission Page 3418 Minutes of March 1, 2017 Mr. Lynn Koerner, site acquisition consultant with Shentel came forward. Mr. Koerner began by giving a brief overview of how Shentel decided on this location. Mr. Koerner presented mapping that reflected the existing tower sites closest to the target area which included: Sherando High School; the old Armel School on Route 522 South; Hockman property; Exxon Station at Stephens City. He noted the objective is to get a tower in the middle which will off load the other sites and provide the necessary coverage in the middle of the area. Mr. Koerner continued the water tank at FCSA was looked at as a possible location; however there is an installation on the water tank; the option to rebuild this installation will not work for this project after extensive testing had been completed. Mr. Koerner reported another site that was considered was the CVS/Handy Mart at the intersection of Tasker Road and Warrior Drive; it was determined this location was not tall enough to place antennas high enough to clear the trees to provide the necessary coverage. After discussions with Frederick County a site was considered for Sherando Park, however that site was determined to be not feasible for this project. Mr. Koerner stated a property on Land Grant Lane was looked at and the property owner is in the process of planning to build a home in the spot the tower would need to be placed. Mr. Koerner noted they also spoke with FCSA in regards to the location at Lakeside Drive and the collection pond which was also not feasible due to a deed restriction; and the property across from the library, the owners are not interested in leasing the property. Mr. Koerner reported after exhausting all the mentioned sites he then approached Frederick County and formally asked if the County would be interested in leasing the property at the Bowman Library; a lease was negotiated and presented to the Board of Supervisors. Mr. Koerner continued balloon testing was completed on the site at which time he presented various photos of the proposed tower from different locations where it would be visible. Mr. Koerner reported a community meeting was held on January 17, 2017 at the Bowman Library which resulted in very good discussion. In regards to Commissioner Unger's question why it is being moved back; he explained between where the proposed tower site and the fence there is a sanitary line that goes through the area that they want to make sure remains protected. Commissioner Mohn inquired is this tower to improve service or provide service. Mr. Koerner noted he would let Mr. Chris Sahr address that question. Commissioner Thomas noted the topography slopes in that area towards Lakeside Drive, therefore the waiver is from the rear property line in and unoccupied area; on the eastern side towards Lakeside Drive should the tower ever collapse would there be provisions or insurance from the engineer that it would not end up falling on Lakeside Drive or rolling into Lakeside Drive with a monopole tower that would have the ability to go down the slope. Mr. Koerner explained the engineer report that has been provided with the application notes the tower will be designed to collapse within about 73'. Commissioner Thomas noted that is part of his concern, and will there be a barrier to keep it from rolling to Lakeside Drive should it collapse. Mr. Koerner stated a barrier is not being designed at this time however that can be addressed and research will be done if necessary. Commissioner Kenney inquired was the feedback at the community meeting positive/negative. Mr. Koerner noted there were comments regarding health effects, the eco system, and real estate values. Mr. Chris Sahr, a RF Engineer for Shentel came forward to speak as to why Shentel would like to put a tower at the Bowman Library. Mr. Sahr presented mapping depicting each Shentel customer as of 2015 in the Lakeside area. He noted there are quite a few customers in this area in need of improved service and it is a concentrated area. He noted the goal of Shentel is to improve service in this Frederick County Planning Commission Page 3419 Minutes of March 1, 2017 area and by placing the tower at the Bowman Library would improve the service to over 2,000 customers in the localized area. Mr, Donahue commented regarding the community meeting; evidence supports there are no real effects on property values when placing a tower. He shared information that the FCC provided and Shentel must be in compliance at all times. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. James Sylvester of 102 Lakeside Drive, in the Shawnee Magisterial District came forward. Mr. Sylvester shared his displeasure of the proposed cell tower. He cited many concerns to include: deed conveyance; harm to the eco -system at the lake; an eyesore for the entire Lakeside area; harmful health impacts; and too close to the Bowman Library. Chairman Wilmot commented there are a number of things involved with this application and the Planning Commission has a specific layer of it and it's their job to find out whether or not this proposal meets the requirements of the telecommunications laws and the other is to determine if this is a good land use. Mr. Michael Roma of 106 Lakeside Drive came forward and expressed his opposition of the proposed cell tower based on the area being designated residential and the health risks it could impose. Ms. Maya White Sparks of the Lakeside area came forward and noted she strongly opposes the proposed cell tower for many reasons: it could destroy the beauty and integrity of green space within the community; the disruption of delicate wetlands environment; unwelcoming eye sore; potential health risks; the library staff will be exposed daily to an industrial scene and unhealthy frequencies; cell tower safety hazards such as a collapse. She concluded by asking the Planning Commission to hold fast to the vision that they have developed. Ms. Treasa Vogel came forward noting she is a long-term volunteer of the Stewardship of Virginia Adopt -A -Stream program and the Lakeside Lake has been a part of the Department of Conservation and Recreation Adopt -A -Stream for over a decade. Ms. Vogel continued her purpose in coming today is to express her concern regarding the CUP for the cell tower. She reiterated many of the same concerns as others: ill health impacts; property values, and an eye sore to the community. Ms. Ruth Jimenez came forward with sign language interpreter Genie Searcy. She expressed her concerns with the cell tower. Ms. Jimenez stated she has three children and is concerned with what their generation will face with this cell tower. She continued; she worries about radiation, the environmental effects, and health impacts for the future generation. Ms. Dana Harman -Keith came forward with sign language interpreter Genie Searcy and expressed her concerns. She explained she moved here to get away from the city. Ms. Hannan -Keith continued she understands poor cell service and the option is there to change cell providers. She is also concerned with the level of radiation that will be present; placement is too close to the library; many health concerns. Ms. Harman -Keith concluded that Shentel should try to find an area that is less populated for the placement of a cell tower. Frederick County Planning Commission Page 3420 Minutes of March 1, 2017 Mr. Tim Davis of 104 Lakeside Drive commented he purchased his home in 1990 for the view it presented. He continued he would not purchase there if a cell tower were in place. He is concerned and completely opposes the tower. Mr. Leo Smith came forward in opposition of the cell tower. He commented if there is poor cell service change providers to one that can accommodate. Mr. Ed Donahue addressed the title/deed issue; this has been answered and satisfied with the County Attorney. He noted environmental test have been performed and came back clean. No one else came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Thomas reminded the Planning Commission to keep in mind the Planning Commissions responsibility is to determine whether from a land use planning perspective particular uses are suitable to the County's Comprehensive Plan. He noted cell towers have been controversial in the past and due to demands we need to have them. He asked everyone to look at our Comprehensive Plan, Ordinances, Zoning requirements, and determine if this particular use is compliant with our other ordinances and uses in the area. Commissioner Mohn commented ownership aside, land use compatibility is an issue and we have an obligation to be sure that where these facilities are placed "fit" within the broader community. He continued this tower is right in the heart of a residential area and near a prominent public site. Commissioner Mohn noted he understands the reasoning of Shentel however he views this as an incompatible use at this location. the motion. Commissioner Thomas made a motion to recommend approval; there was not a second to Upon motion made by Commissioner Mohn, and seconded by Commissioner Dunlap BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend denial of Conditional Use Permit #01-17 for Bowman Library (Shenandoah Mobile LLC) Wireless Commercial Telecommunication Facility — submitted to construct a wireless telecommunications consisting of a 195 foot telecommunication monopole tower with supporting equipment in a fenced compound. The property is located at Bowman Library at 871 Tasker Road and is identified with Property Identification Number 7513-A-1 in the Shawnee Magisterial District. YES: Wilmot, Unger, Marston, Cline, Molden, Kenney, Triplett, Dunlap, Mohn NO: Thomas (Note: Commissioners Oates, Ambrogi, and Manuel were absent from the meeting) Frederick County Planning Commission Page 3421 Minutes of March 1, 2017 ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Mohn to adjourn the meeting. This motion was seconded by Commissioner Triplett and unanimously passed. The meeting adjourned at 8:30 p.m. Respectfully submitted, Vne M. Wilmot, Chairman Michael T. Ruddy, Secretary Jj Frederick County Planning Commission Page 3422 Minutes of March 1, 2017