PC 06-15-16 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 June 15, 2016.
PRESENT: June M. Wilmot, Chairman/Member at Large: Roger L. Thomas, Vice
Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District;
William H. Cline, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel,
Shawnee District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District;
Christopher M. Mohn, Red Bud District.
ABSENT: Charles F. Dunlap, Red Bud District; Kevin Kenney, Gainesboro District; Charles E. Triplett,
Gainesboro District.
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; John A.
Bishop, Assistant Director Transportation; Mark A. Cheran, Zoning and Subdivision Administrator; and
Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the June 15, 2016 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 Oates and seconded by Commissioner Manuel, the
Planning Commission unanimously adopted the agenda for this evening's meeting.
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COMMITTEE REPORTS
Comprehensive Plans and Proerams Committee — Mte. 6/13/16
Commissioner Mohn reported the committee discussed four Comprehensive Policy Plan
Amendment applications for 2016. He noted three of the applications have already been assigned plan
use designation through prior planning efforts and the requests are to adjust the sewer and water service
area or the UDA boundaries. Commissioner Mohn continued, in the three applications submitted the
committee felt it made sense to consider each. Commissioner Mohn reported the fourth application is
outside of the Northeast Land Use Plan area; the committee generally felt it was understood where the
interest was coming from and the argument was that it was being put forward by the property owner and
that it should not be considered a stand-alone amendment but rather look at what's happening around the
property as well.
Chairman Wilmot noted the 2035 Comprehensive Plan public meetings for revisions and
review have been completed.
City of Winchester Report — Mtg. 6/07/16
Ms. Kat Eaton reported a work session was held and the following items were discussed:
overview of the Corridor Enhancement Districts guidelines with a note it does not change the underlying
zoning that regulates the land use; two telecommunication receivers (Daniel Morgan Middle School
monopole, Friendship Park pole extension); use of telecommunications on Jubal Early Drive.
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.
PUBLIC HEARING
Conditional Use Permit #03-16 for Verizon Wireless Commercial Telecommunication Facility —
submitted to construct a wireless telecommunications consisting of a 150 foot monopole with
capacity for at least 3 carriers (Applicant included) and 50x50 foot equipment compound base. The
property is located at Grace Brethren Church at 143 Greenwood Road and is identified with
Property Identification Number 55-A-79 in the Redbud Magisterial District.
Action — Recommend Approval
Zoning and Subdivision Administrator, Mark R. Cheran reported this is a request to
enable construction of a 150' monopole telecommunications facility with a 50'x 50' equipment
compound and setback waiver. He continued the property is currently zoned RA (Rural Area) and the
surrounding properties are RP (Residential Performance) with the exception of the property to the north
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which is B2 (General Business). Mr. Cheran noted the property that is zoned B2 is the former location of
Shenandoah Honda.
Mr. Cheran reported the Frederick County Zoning Ordinance allows for commercial
telecommunications facilities in the RA (Rural Areas) zoning district with an approved CUP (Conditional
Use Permit) and this proposed 150' monopole type commercial telecommunication facility is located on a
22.6 +/- acre parcel that is zoned RA (Rural Areas). Mr. Cheran continued the property is located within
the UDA and SWSA as identified within the Comprehensive Plan and is located within the Senseny
Road/Eastern Frederick Area Plan. Mr. Cheran noted these plans identify this area remain residential in
character and this proposed site is located within the vicinity of the Third Battlefield of Winchester area.
Mr. Cheran concluded the Applicant is requesting a waiver to reduce the required setback
as set forth in Section 165-204.19 of the zoning ordinance. He noted should this waiver be granted, the
result would be a 65' setback reduction. Mr. Cheran presented the conditions of this CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating personal wireless service 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 in the twelve (12) months of
the approval of this CUP, the CUP will be deemed invalid.
6. Any expansion or modifications of this use will require a new CUP.
Mr. Ed Donahue representing the Applicant reported this application is a critical need for
Verizon Wireless and it is a co -location site in which Shentel has expressed interest to locate on the
property.
Commissioner Mohn inquired if the tower signals would interfere with typical household
electronics. Mr. Donahue explained the tower cannot interfere due to FCC licensing and strict
regulations.
Commissioner Oates asked if Frederick County Public Schools have been contacted
about locating the tower on their property. Mr. Donahue explained the school system was contacted in
2013 and showed little interest; in 2014 the applicant was notified that Frederick County Public Schools
was not interested in placing the tower on any of their properties.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Anneke Tavenner of 103 Battlefield Drive came forward and explained she will be able
to view the tower from her home and is concerned it will decrease the value of her property. She noted
she would like clarification on the setback waiver.
James Tavenner of 103 Battlefield Drive also requested clarification on the setback
waiver and would like to have the location pinpointed.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Mr. Kabat Gowdy on behalf of the Applicant explained the setback requirement. He
reported the normal height restriction is 35' and anything above that requires a one to one setback; this
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pole being 150' would require an additional 115' beyond the 35'. He continued this tower is intended to
be setback 100' therefore that is where the 65' comes from. He concluded the Applicant is requesting a
reduction of 65' from what is normally required by the ordinance.
Mr. Michael T. Ruddy, Director noted a picture of the site plan is in the agenda package
and can be shared with the adjoining property owners to clarify the location of the tower.
Commissioner Oates inquired what the diameter of the monopole is. Mr. Gowdy
explained a monopole of this height is generally 7' to 8' in diameter at the base for a tapered pole. He
noted the top of the pole could be 30-36 inches.
Commissioner Thomas noted the design of the pole must fall within the setback and is
the Applicant confident of this. Mr. Gowdy explained these types of poles are pre-engineered to collapse
within itself and he feels confident the setback will be met.
Commissioner Mohn asked if during the placement process the Applicant is using the
topography to determine the location. Mr. Gowdy stated no; the section of this property it is being placed
on is high and they would need a taller tower if it were put at a lower point. Commissioner Mohn
inquired what is the general area intended to be accommodated by the tower. Mr. Gowdy noted it is the
area between Route 7 and I-81 that is experiencing problems.
Commissioner Oates expressed his frustration with the school system not accepting the
tower on one of their sites. Commissioner Mohn feels it is a missed opportunity for the schools and
understand the application needs to move forward.
Upon motion made by Commissioner Mohn to recommend approval of the setback
waiver and seconded by Commissioner Thomas
YES: Wilmot, Thomas, Oates, Cline, Ambrogi, Manuel, Unger, Marston, Mohn
NO: Molden
ABSENT: Dunlap, Kenney, Triplett
Upon motion made by Commissioner Mohn to recommend approval of CUP #03-16 for
Verizon Wireless Commercial Telecommunication Facility and seconded by Commissioner Thomas
YES: Wilmot, Thomas, Oates, Cline, Ambrogi, Manuel, Unger, Marston, Mohn
NO: Molden
ABSENT: Dunlap, Kenney, Triplett
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of
Conditional Use Permit #03-16 for Verizon Wireless Commercial Telecommunication Facility —
submitted to construct a wireless telecommunications consisting of a 150 foot monopole with capacity for
at least 3 carriers (Applicant included) and 50x50 foot equipment compound base. The property is
located at Grace Brethren Church at 143 Greenwood Road and is identified with Property Identification
Number 55-A-79 in the Redbud Magisterial District.
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Rezoning #04-16 for Snowden Bridge Station submitted by GreyWolfe, Inc., to rezone 11.340 acres
from the M1 (Light Industrial) District to the B2 (General Business) District, and 2.627 acres fromn
the MI (Light Industrial) District to the B3 (Industrial Transition) District with proffers. The
properties are located on the southeastern side of Martinsburg Pike (Route 11) and southern side of
Snowden Bridge Boulevard in the Stonewall Magisterial District, and are identified by Property
Identification Numbers 43C -3 -3,43C -3 -3,43C -3 -4,43C -3-4A, 43-A-150, 43 -A -151A and 43 -A -151B.
Action — Recommend Approval
Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
Assistant Director, Candice E. Perkins reported this Application is to rezone a total of
13.9 acres of land from the M1 (Light Industrial) District to the B2 (General Business) and B3 (Industrial
Transition) Districts with proffers. She continued this property is located within the Sewer and Water
Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2030
Comprehensive Plan.
Ms. Perkins presented a locations map of the property identifying the current zoning. She
explained the Comprehensive Plan identifies these properties with an industrial land use designation
which is consistent with the current zoning of the properties. Ms. Perkins continued the proposed
commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. She
noted considering the visibility of this site, its location on Martinsburg Pike and the 1-81 interchange, and
the amount of commercial land in close proximity to this site, the requested commercial use may be
acceptable.
Ms. Perkins reported with this rezoning the Applicant has proffered to limit the number
of restricted entrances on Martinsburg Pike to two and one on Snowden Bridge Boulevard and limit the
maximum vehicle trips for the site to 6,303. She continued the entrance locations shown on the proffered
GDP are conceptual in nature; the proffer states that the final design and location of these entrances will
need to be approved by VDOT and the County. Ms. Perkins concluded the Applicant has also proffered a
10' right-of-way dedication for Martinsburg Pike as well as corridor enhancements such as a split rail
fence, increased parking setbacks, and has provided a monetary contribution of $0.10 per building square
foot for Fire and Rescue.
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.
Mr. Tim Stowe representing the Applicant noted the traffic number Ms. Perkins
mentioned was based on existing zoning which includes restaurants.
Commissioner Unger commented it appears the Commission is handling these types of
rezonings more frequently. Commissioner Thomas noted he feels this is market driven. Commissioner
Manuel stated it is disappointing to lose M1 and M2's however he feels at this time and this location it is
appropriate planning.
Upon motion made by Commissioner Cline and seconded by Commissioner Thomas
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BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of
Rezoning #04-16 for Snowden Bridge Station submitted by GreyWolfe, Inc., to rezone 11.340 acres from
the M1 (Light Industrial) District to the B2 (General Business) District, and 2.629 acres from the M1
(Light Industrial) District to the B3 (Industrial Transition) District with proffers. The properties are
located on the southeastern side of Martinsburg Pike (Route 11) and southern side of Snowden Bridge
Boulevard in the Stonewall Magisterial District, and are identified by Property Identification Numbers
43C-3-3, 43C-3-3, 43C-3-4, 43C -3-4A, 43-A-150, 43-A-15 IA and 43 -A -1 51B
(Note: Commissioner Triplett, Commissioner Dunlap, and Commissioner Kenney were absent from the
meeting)
Rezoning #05-16 for CB Ventures LLC submitted by Greenway Engineering, to rezone 3.75+/ -
acres from the B3 (Industrial Transition) District to the B2 (General Business) District, and 1.23+/ -
acres from the B2 (General Business) District to the B2 (General Business) District with proffers.
The property is located on the south side of Martinsburg Pike (US Route 11) and the northeast side
of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317 in the Stonewall
Magisterial District, and is identified by Property Identification Number 43 -A -48A.
Action — Recommend Approval
Assistant Director, Candice E. Perkins reported this application is to rezone a total of
4.98 acres of land from the B2 (General Business) and B3 (Industrial Transition) Districts to the B2
District with proffers to accommodate commercial uses. She continued this property is located within the
Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of
the 2030 Comprehensive Plan. Ms. Perkins noted the Northeast Land Use Plan identifies this property
with a commercial land use designation and the proposed commercial zoning is consistent with the
current land use supported by the Comprehensive Plan.
Ms. Perkins explained with this rezoning the Applicant has proffered to construct
upgrades to Amoco Lane within the limits of the existing right-of-way to the limits of their southeastern
most commercial entrance and to also provide inter -parcel connection into the adjacent Sheetz property
that is currently under construction. Ms. Perkins continued the Applicant has also proffered to design and
construct a sewer pump station, provide for landscaping on the properties fronting Amoco Lane and
provide a monetary contribution of $0.05 per building square foot for Fire and Rescue.
Ms. Perkins reported the potential impacts of this rezoning:
• Amoco Lane — there is potential for the site's entrance to be at the northwestern
edge of the property and therefore minimal Amoco Lane improvements would be
constructed.
• The FCSA requested that this proffer be expanded to include a SCADA
(Supervisory Control and Data Acquisition) system that would coordinate with
other pump station on this force main.
• Consideration should be given to maintaining the existing mature evergreen and
deciduous trees located along Amoco Lane. Utilizing the existing vegetation,
and supplementing if necessary, would be preferable to removal and replacement.
Mr. Evan Wyatt of Greenway Engineering and representing the Applicant reported the
intent of the Applicant and this rezoning is the desire for hotel and restaurant land use. Mr. Wyatt
continued regarding the VDOT comment that were submitted; when the Applicant originally submitted
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the rezoning package there was a GDP which showed entrances and connectivity even though it was an
older aerial; VDOT requested the Applicant eliminate entrance locations on Amoco Lane.
Mr. Wyatt continued in regards to comments from the Frederick County Sanitation
Authority; the Applicant was asked to ensure the pump station and infrastructure that is being designed
was not only appropriate for the build out of this property but also the land uses on Amoco Lane. The
Applicant proceeded with the design elements for the pump station and the collection system that has
been submitted to VDOT and the Sanitation Authority. He continued the purpose of the oversizing of the
pump station is the land uses in that area do not have access to sewer that is served by the Sanitation
Authority.
Mr. Wyatt reported in regards to the landscaping on and surrounding the property; a
neighborhood meeting was held with a good turnout and positive response from the surrounding property
owners. He explained the Applicant will landscape portions of the adjoining properties as a landscape
easement. Commissioner Thomas inquired will the Applicant continuously maintain the mention
landscaping. Mr. Wyatt noted the Applicant has agreed to a one year vegetation replacement and one
year maintenance.
Commissioner Cline requested better explanation of the Fire & Rescue proffer of $0.05
per building square foot. Mr. Wyatt commented this is an Economic Development project and is cash
positive for the County and would benefit Fire & Rescue.
Commissioner Oates noted he has been in contact with the Sanitation Authority regarding
the proffers and he doesn't feel they are comfortable with the way they are currently written regarding the
pump station. Mr. Wyatt noted the design submitted does address the pump station to include a SCADA.
Commissioner Oates requested clarification on the VDOT comments regarding the
entrances. Mr. Wyatt explained the limits of where the entrances can be are where the traffic impacts will
be; if Amoco Lane continued on it may be a different scenario but it stubs out.
Commissioner Unger inquired how many houses are affected in regards to the
landscaping on Amoco Lane. Mr. Wyatt explained the option has been offered to every property on
Amoco Lane that has a residence on it.
Commissioner Thomas asked if the SCADA design was included in the design sent to the
Sanitation Authority. Mr. Wyatt confirmed this is correct.
Chairman Wilmot inquired which entrance will be used for access to the property. Mr.
Wyatt clarified it would be accessed off of Amoco Lane.
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.
Commissioner Cline would like to recommend tabling this rezoning for 60 days.
Commissioner Mohn inquired what he's hoping to achieve by tabling and more reasoning needs to be
heard. Commissioner Cline explained there are many unanswered questions in regards to the road, and
the proffer to Fire & Rescue. Commissioner Thomas agrees with the road issues and feels the Fire &
Rescue proffer is on the light side. Commissioner Oates comments he agrees with the road issues and
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wants to make sure the Sanitation Authority is completely satisfied. Commissioner Unger commented
what could possibly change with the roads in 60 days.
A motion to table for 60 days, Rezoning #05-16 for CB Ventures LLC, made by
Commissioner Cline was derated by the Planning Commission with a imajority vine.
YES: Oates, Thomas, Ambrogi, Cline
NO: Mohn, Molden, Manual, Unger, Marston, Wilmot
Absent: Dunlap, Kenney, Triplett
An Alternative motion was made by Commissioner Oates and seconded by
Commissioner Cline to recommend approval with the understanding the Frederick County Sanitation
Authority be satisfied prior to the Board of Supervisors Public Hearing
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #05-16 for CB Ventures LLC submitted by Greenway Engineering, to rezone
3.75+/- acres from the B3 (Industrial Transition) District to the B2 (General Business) District, and
1.23+/- acres from the B2 (General Business) District to the B2 (General Business) District with proffers.
The property is located on the south side of Martinsburg Pike (US Route 11) and the northeast side of
Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317 in the Stonewall Magisterial
District, and is identified by Property Identification Number 43 -A -48A.
(Note: Commissioner Dunlap, Commissioner Triplett, Commissioner Kenney were absent from the
meeting)
ACTION ITEM
Rezoning #06-16 Sempeles Property submitted by Pennoni, to revise proffers associated with
Rezoning #02-04. This revision relates to the "on site development" sections of the proffers for the
MI (Light Industrial) District zoned portion of the site. The Applicant is requesting to revise the
proffers to allow the use of tilt -up concrete walls and to remove proffers that have been completed.
The property is located adjacent to Martinsburg Pike (Route 11), approximately 250 feet north of
the intersection of Woodbine Road (Route 669) and Martinsburg Pike in the Stonewall Magisterial
District, and is identified by Property Identification Number 34-A-4.
Action — Recommend Approval
Commissioner Molden would abstain from all discussion on this item for a possible
conflict of interest.
Assistant Director, Candice E. Perkins reported this request to amend the proffer
statement for the Sempeles Property to allow the use of concrete tilt -up walls within the M1 (Light
Industrial) zoned portion of the property. She continued the site was originally rezoned in 2004 to the M1
District and the B2 (General Business) District with proffers. Ms. Perkins explained those proffers
limited the fagade materials to concrete masonry (CMU) brick, architectural block, Dryvit or other
simulated stucco, real or simulated wood or glass.
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Ms. Perkins reported the Applicant has updated the proffer to remove improvements that
have been previously completed and it should be noted that this proffer amendment only applies to the
MI zoned parcel, the parcels that were rezoned to the B2 District will still be covered by the 2004 proffer
statement.
Commissioner Unger inquired on exactly what is a tilt -up wall. Ms. Perkins explained
they are used in large warehouses and basically a pre -cast wall.
Commissioner Thomas asked if this revised proffer was reviewed by council. Mr. Ruddy
noted it was not reviewed by council however it has thoroughly been reviewed by Staff.
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #06-16 Sempeles Property submitted by Pennoni, to revise proffers associated with
Rezoning #02-04. This revision relates to the "on site development" sections of the proffers for the M1
(Light Industrial) District zoned portion of the site. The Applicant is requesting to revise the proffers to
allow the use of tilt -up concrete walls and to remove proffers that have been completed. The property is
located adjacent to Martinsburg Pike (Route 11), approximately 250 feet north of the intersection of
Woodbine Road (Route 669) and Martinsburg Pike in the Stonewall Magisterial District, and is identified
by Property Identification Number 34-A-4.
(Note: Commissioner Dunlap, Commissioner Triplett, and Commissioner Kenney were absent from the
meeting)
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner Oates to adjourn
the meeting. This motion was seconded by Commissioner Cline and unanimously passed. The meeting
adjourned at 8:00 p.m.
spectfully submitted,
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Jtinc M. Wilmot, Chairman
Michael T. Ruddy, Secretary
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Minutes of June 15, 2016