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DRRC 09-26-19 Meeting Summary 1 DRRC Meeting Summary for 09/26/19 Members Present: Kenney, Shenk, Banks, Unger, Oates, Dawson, and Stowe Members Absent: Cline, Wagner, Ambrogi, Morrison, and Thomas Staff Present: M. Tyler Klein, AICP, Senior Planner The meeting was called to order at approximately 7:00 PM by Chairman Unger. Item # 1 – Landscaping, buffers & screening, off-street parking & requirements for certain uses. Discussion of a request by a DRRC member to amend certain sections of the Zoning Ordinance. Staff noted this was a proposed amendment to Chapter 165 – Zoning Ordinance to “clean up” inconsistencies within certain sections and to clarify or reduce requirements for certain uses. Staff stated the item had been previously discussed at the July 25th and August 22nd regular meetings and that following the 8/22 meeting, Staff had met with Mr. Oates to better understand reasons for changes that the Committee had previously expressed concern with. Staff went through each section’s proposed amendment and noted where there were no changes from the previous meeting and where changes had been made since the previous meeting to address concerns raised by the Committee. • §165-204.18 Storage facilities, self-storage. The proposed changes correct landscaping and planting inconsistencies regarding plant size in this section with other sections of the Zoning Ordinance and provides relief on screening requirements that do not otherwise meet the intent of the section to “screen the use”. No change from August 22nd meeting. • §165-204.24 Tractor truck and tractor trailer truck parking. The proposed changes prevent the siting of the above use adjacent to residential uses, while enabling the location of these types of facilities where they are most appropriate (i.e. adjacent to major roadways and/or in the vicinity of other business and industrial uses), provides a consistent hard surface standard for the use (gravel parking) that is consistent with the temporary nature of the use and, changes to this section also corrects inconsistences with this section planting requirements with other sections of the Zoning Ordinance. The DRRC noted the sentence “These uses may be temporary” under paragraph one for §165- 204.24 Tractor truck and tractor trailer truck parking was unclear or inexact and may need to be amended or removed. • §165-204.30 Special event facilities. The proposed changes provide clarity with certain practices in the County, specifically that the Building Official (Department of Building Inspections) is responsible for determining if a building or structure (existing or to-be-constructed) is agriculturally exempt from the Virginia Building Code requirements or requires a building permit review. No change from August 22nd meeting. 2 • §165-202.01 Off-street parking; parking lots. The proposed changes correct inconsistencies with the required width of driveways serving parking lots in this section with other sections of the Zoning and Subdivision Ordinance and County Code (Fire Code). No change from August 22nd meeting. • §165-203.01 Landscaping requirements. The proposed changes correct inconsistencies with plant size in this section with other sections of the Zoning Ordinance, further clarifies requirements to prohibit plantings from being located within utility easements and eliminates certain plant species. The DRRC expressed concerns in reducing the minimum plant size and height; noting that once the minimum standard is lowered it is difficult to re-impose a higher standard later. However, the Committee also noted that these were only minimum requirements and could be exceeded. The DRRC discussed planting procedure, maintenance and replacement noting that many of the issues with landscaping being installed has to do with the nurseries care of the plants in advance of planting. • §165-203.02 Buffer and Screening requirements. The proposed changes seek to allow for the higher utilization of limited business and industrial land by eliminating the buffer requirement where a VDOT classified interstate, arterial, or collector roadway otherwise effectively creates “distance” between business/industrial uses and adjacent residential uses. Front setbacks and parking area landscaping requirements, which remains unchanged for the business and industrial zoning district, further provides a “buffer” in lieu of zoning district buffer requirements. The proposed changes also correct inconsistencies in this section with other sections of the Zoning Ordinance. The DRRC had no comments on the above changes from August 22nd. The DRRC generally agreed with the proposed changes to the above sections and that the item may be forwarded to the Planning Commission for additional discussion. The DRRC stated they would like the above comments conveyed to the Planning Commission from the discussion. Item # 2 – Telecommunications facilities, commercial. Discussion of a request by the County Attorney to amend §165-204.19 to permit commercial telecommunications small cell facilities by-right in certain zoning districts and codify changes from the Code of Virginia governing local regulation of such facilities. Staff stated that changes in state law in 2017 and 2018 regarding zoning rules for wireless infrastructure and following Board member requests for ordinance amendments to enable better provision of internet services in underserved areas of the County, Staff has prepared a revision to the Zoning Ordinance provisions regarding telecommunications facilities. Staff walked the DRRC through the proposed revision noting changes to two definitions and changes to §165-204.19. With respect to §165-204.19, the changes are wholesale and are therefore not shown in markup, though some of the existing section language is carried over to the revision. 3 The proposed changes enable smaller commercial telecommunications facilities in certain zoning districts by-right in order to enable better internet service to underserved areas of the County (such as Shawneeland). Further, the proposed changes codify changes to the Code of Virginia, which created a two-track process for approval of telecommunication facilities. The legislation treats certain, defined small scale facilities as “administrative review-eligible projects” that a locality must permit in any zoning district, without the requirement of a conditional use permit. This would enable “small cell facilities,” structures under 50-feet (FT) in height, or co-location of a wireless facility on an existing structure to be sited administratively. The legislation also revamps the rules for larger projects (such as telecommunication monopoles), what it calls “standard process projects”. These types of facilities would continue to be permitted through the County’s Conditional Use Permit (CUP) process. The proposed text amendment addresses the above legislation. Finally, the proposed changes would also enable telecommunications towers as “allowed uses” i.e. by-right in the OM (Office-Manufacturing Park) and HE (Higher Education) Zoning Districts, consistent with the allowed uses for the B3 (Industrial Transition) and MS (Medical Support) Zoning Districts. The DRRC agreed with the proposed changes and that the item should be forwarded to the Planning Commission for additional discussion. Staff noted both items would go to the October 2, 2019 Planning Commission regular meeting. No other items of business were discussed. The meeting concluded at 7:41 PM.