HomeMy WebLinkAboutDRRC 02-27-20 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
To: Development Review and Regulations Committee
From: M. Tyler Klein, AICP, Senior Planner
Subject: February 27, 2020 Meeting and Agenda
Date: February 21, 2020
The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on
Thursday February 27, 2020 at 7:00 p.m. in the first-floor conference room (purple room) of the County
Administration Building, 107 North Kent Street, Winchester, Virginia. The DRRC will discuss the
following agenda items:
AGENDA
1) Election of DRRC Chairman and Vice-Chairman. As stipulated in the DRRC Operating
Procedures, a Chairman and Vice-Chairman will be elected during the first meeting of each year.
2) Update on Previous Zoning Ordinance Text Amendments.
3) Development Review Fees for Conditional Use Permits. Discussion of a request by the Board of
Supervisors to amend the conditional use permit fees specifically for commercial
telecommunication towers.
4) Zoning Ordinance Violations and Penalty Review. Discussion of Frederick County Zoning
Ordinance §165-101.07 and §165-101.08, compliance required and violations and penalties.
5) Other.
Please contact this office if you will not be able to attend the meeting. Thank you.
Access to this building is limited during the evening hours. Therefore, it will be necessary to enter the
building through the rear door of the four-story wing. I would encourage committee members and
interested citizens to park in the County parking lot located behind the new addition or in the joint
Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing.
MTK/dw
Attachment
Item #2: Update on Previous Zoning Ordinance Text Amendments
Since the last regular meeting of the DRRC, the following items were moved forward for public
hearing (and action) by the Board of Supervisors:
• Conditional uses in the RA Zoning District;
• Telecommunication facilities, commercial;
• Public Utilities, including utility-scale solar power generating facilities; and
• Amendments to landscaping, screening, buffers and requirements for certain uses.
Staff will provide a brief summary on each item and Board of Supervisors meeting discussion.
No action is requested by the DRRC.
Item #3: Development Review Fees for Conditional Use Permits
Discussion of a request by the Board of Supervisors to amend the Conditional Use Permit fees
specifically for commercial telecommunication towers.
During consideration of the ordinance amendment to create a two-track process for review and
approval of commercial telecommunication facilities (which was subsequently approved by the
BOS in December 2019), the Board of Supervisors discussed the fee for a Conditional Use Permit
application for these types of uses as a barrier to local service providers in applying for
telecommunication structures.
The purpose of this reduction in fees is to encourage commercial telecommunication facilities to
locate in underserved areas of the County, specifically those rural areas west of Interstate 81. The
Board discussed this approach as a potential solution in lieu of any further changes to by -right
tower height allowance at this time. This may be revisited in the future.
The current CUP application fee for telecommunication facilities is $7,000 (adopted in 2011)
which was intended to cover Staff review, potential third-party expert and legal review, legal
advertisement and adjoining property notifications for CUPs. The Board of Supervisors directed
Staff to re-evaluate the fees with the intention of reducing the fee. A proposal for a new fee of
$750, consistent with all “other” Conditional Use Permit applications (less “cottage occupations”
which have a $75 fee). This fee reduction would cover only those costs associated with legal
advertisement and adjoining property notifications.
Staff is looking for direction from the DRRC on the appropriateness of this request to amend the
Development Review Fees schedule. The approved ordinance for telecommunication facilities,
commercial, includes the specific fee amount. Therefore, an ordinance amendment is necessary to
reflect any changes in the fee amount. Depending on the outcome of this discussion, Staff may
forward this item to the Planning Commission for further discussion.
Attachments: Proposed Changes - Development Review Fee Schedule
Proposed Changes – Telecommunication facilities, commercial
FREDERICK COUNTY
DEVELOPMENT REVIEW FEES
Adopted April 23, 2008 – Effective May 1, 2008, Revised 2/24/2010, 4/28/2010, 5/2011, 1/25/2012,
2/18/2020
COMPREHENSIVE POLICY PLAN
$ 3,000 non-refundable
REZONING
$ 1,000 – Proffer amendments not requiring a
public hearing
$ 5,000 base + $100/acre – 2 acres or less
$ 10,000 base + $100/acre
more than 2, less than 150
$ 10,000 base + $100/acre first 150
+ $50/acre over 150 acres
SUBDIVISION
Non-Residential $1,000 base
Design Plan $ 200/lot
Plat $ 100/lot
Residential (RP, R4, R5)
Design Plan $ 2,500/base $100/lot
Plat $ 200/lot to 50 lots
$ 100/lot over 50 lots
Rural Areas (RA)
Sketch (Design) $ 2,500 base $200/acre
Plat $ 200/lot
Rural Areas (RA)
Minor – 3 lots or less $ 200/lot
Lot Consolidation $ 200/lot
Boundary Line Adj. $ 200/lot
VARIANCE $ 400
BZA APPEAL $ 250
ZONING CERTIFICATION LETTER $ 250
ZONING DETERMINATION LETTER $ 100
SUBDIVISION ORDINANCE
EXCEPTION $ 500
MASTER DEVELOPMENT PLAN
$ 3,000 base + $100/acre for first 150
+$50/acre over 150 acres
CONDITIONAL USE PERMIT
Cottage Occupation $ 75
Telecommunication Tower $750 $ 7,000
Other $ 750
SITE PLAN
Non-residential $ 2,500 base
$ 200/acre to 5 acres
$ 100/acre over 5 acres
Residential $ 3,500 base
$ 300/unit to 20 units
$ 100/unit over 20 units
Minor Site Plan $ 500 for revision that increases
existing structure area by 20% or less & does not
exceed 5,000sf of disturbed area.
POSTPONEMENT of any Public Hearing or
Public Meeting by Applicant after Advertisement,
to include Applicant requests to TABLE an agenda
item $ 500/occurrence.
THIRD & SUBSEQUENT PLAN REVIEWS
(including County Attorney review) for a single
development application $ 500/review.
BOND MANAGEMENT
Establishment of bond $ 500
Reduction/Release $ 300
Replacement $ 500
TDR PROGRAM
TDR Application Review $300
(*Review includes TDR Letter of Intent)
TDR Certificate $200
Certificate Ownership Transfer $50
Receiving Property Approval $200
Review of Sending Property
Deed Covenant $100
Review of Deed of Transfer (Extinguishment
Document) $100
CHAPTER 161 FEES
Installation License $300
Septic Haulers Permit $200
Residential Pump and Haul $50
Commercial Pump and Haul $500
ZONING VIOLATIONS
Revised 02/19/2020
Page 1 of 3
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§ 165-204.19. Telecommunication facilities, commercial.
A. Standard process projects.
1. Except as provided in subsection B, no wireless facility or wireless support structure shall be
sited, constructed, or operated except pursuant to a conditional use permit issued through the
process defined in Part 103 of Article I of this Chapter. The issuance of a conditional use permit
for the siting, construction, and operation of a wireless facility is permitted within the zoning
districts specified in this Chapter, provided that, pursuant to Virginia Code § 15.2-2232(A), the
general location or approximate location, character, and extent of such facilities are substantially
in accord with the adopted Comprehensive Plan or part thereof and that adjoining properties,
surrounding residential properties, land use patterns, scenic areas, and properties of significant
historic value are not negatively impacted. [based on current intro to County Code § 165-204.19]
2. Any person seeking to install a facility or structure pursuant to this subsection shall make
application to the Zoning Administrator, accompanied by payment of a fee of $750 $7,000. [Va.
Code § 15.2-2316.4:1(B)(2) (“the fee shall not exceed the actual direct costs to process the
application, including permits and inspection”)] The application shall be subject to consideration
as follows and include the indicated information:
a. The Board of Supervisors shall approve or disapprove the application within 150 days of
receipt of the complete application by the Zoning Administrator or such shorter period as
required by federal law, unless the applicant and the Board agree to a longer period for
approval or disapproval of the application. Within 10 days after receipt of an application and
a valid electronic mail address for the applicant, the Zoning Administrator shall notify the
applicant by electronic mail whether the application is incomplete and specify any missing
information; otherwise, the application shall be deemed complete. [Va. Code § 15.2-
2316.4:1(C)]
b. Information to be included with application:
i. A map depicting the search area used in siting the proposed facility or structure [Va.
Code § 15.2-2316.4:2(D); based on current 165-204.19(A)(2)];
ii. Identification of all service providers and commercial telecommunications facility
infrastructure within the search area [Va. Code § 15.2-2316.4:2(D); based on current
165-204.19(A)(3)];
iii. Confirmation that attempts to co-locate on existing structures have been made and, if
such attempts were unsuccessful, the reasons so [Va. Code § 15.2-2316.4:2(D); based
on current 165-204.19(A)(3)];
iv. Documentation issued by the Federal Communications Commission indicating that the
proposed facility is in compliance with the Federal Communications Commission’s
established ANSI/IEEE standards for electromagnetic field levels and radio frequency
radiation [based on current 165-204.19(A)(4)];
v. An affidavit signed by the landowner and by the owner of the facility or structure
stating that they are aware that either or both of them may be held responsible for the
Revised 02/19/2020
Page 2 of 3
removal of the facility or structure as stated in subsection E [based on current 165-
204.19(A)(5)]; and
vi. The applicant may voluntarily submit, and the Board may accept, conditions that
address potential visual or aesthetic effects resulting from the placement of the facility
or structure. [Va. Code § 15.2-2316.4:2(C)]
3. If the Board of Supervisors grants a conditional use permit under this subsection, the following
standards shall then apply to any property on which a wireless facility or wireless support
structure is sited, in order to promote orderly development and mitigate the negative impacts to
adjoining properties, residential properties, land use patterns, scenic areas, and properties of
significant historic value:
a. The Board may reduce the required setback distance for the wireless facility or wireless
support structure as required by § 165-201.03(B)(8) of this Code if it can be demonstrated
that the location is of equal or lesser impact. When a reduced setback is requested for a
distance less than the height of the tower, a certified Virginia engineer shall provide
verification to the Board that the wireless facility or wireless support structure is designed,
and will be constructed, in a manner that if the wireless facility or wireless support structure
collapsed the wireless facility or wireless support structure will be contained in an area
around the wireless facility or wireless support structure with a radius equal to or lesser than
the setback, measured from the center line of the base of the wireless facility or wireless
support structure. In no case shall the setback distance be reduced to less than 1/2 the
distance of the height of the wireless facility or wireless support structure.
b. Monopole-type construction shall be required for any new wireless facility or wireless
support structure. The Board may allow lattice-type construction when existing or planned
residential areas will not be impacted and when the site is not adjacent to identified historic
resources.
c. No more than two signs shall be permitted on any wireless facility or wireless support
structure. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher
than 10 feet above grade.
d. When lighting is required for a wireless facility or wireless support structure, dual lighting
shall be utilized which provides daytime white strobe lighting and nighttime red pulsating
lighting unless otherwise mandated by the Federal Aviation Administration or the Federal
Communications Commission. Strobe lighting shall be shielded from ground view to
mitigate illumination to neighboring properties. Equipment buildings and other accessory
structures operated in conjunction with the wireless facility or wireless support structure shall
utilize infrared lighting and motion-detector lighting to prevent continuous illumination.
e. Every wireless facility and wireless support structure shall be constructed with materials of a
galvanized finish or be of a non-contrasting blue or gray unless otherwise mandated by the
Federal Aviation Administration or the Federal Communications Commission.
f. Every wireless facility and wireless support structure shall be adequately enclosed to prevent
access by persons other than employees of the service provider. Appropriate landscaping and
opaque screening shall be provided to ensure that equipment buildings and other accessory
structures are not visible from adjoining properties, roads, or other rights-of-way.
[the entirety of the above subsection C(3) is based on current 165-204.19(B)]
4. If the Board of Supervisors denies a conditional use permit under this subsection, the Board shall:
a. Provide applicant with a written statement of the reasons for the denial [Va. Code § 15.2-
Revised 02/19/2020
Page 3 of 3
2316.4:1(E)(1)];
b. Identify any modifications of which the County is aware that would permit it to approve the
conditional use permit [Va. Code § 15.2-2316.4:1(E)(2)]; and
c. Have supporting substantial record evidence in a written record publicly released within 30
days of denial [Va. Code § 15.2-2316.4:1(F)(2)].
B. Maintenance of existing facilities and/or structures and replacement of existing facilities and/or
structures within a 6-foot perimeter with substantially similar or same size or smaller facilities and/or
structures is exempt from fees and permitting requirements under this section. [Va. Code § 15.2-
2316.4:3(A)]
C. Any facility or structure permitted by this section that is not operated or used for a continuous period
of 12 months shall be considered abandoned, and the owner of such facility or structure shall remove
same within 90 days of receipt of notice from the Frederick County Department of Planning and
Development. If the facility or structure is not removed within the ninety-day period, the County may
remove the facility and a lien may be placed to recover expenses. [Va. Code § 15.2-2316.4(B)(6);
based on current County Code § 165-204.19(B)(7)]
Item #4: Zoning Ordinance Violations and Penalty Review
Discussion of Frederick County Zoning Ordinance §165-101.07 and §165-101.08, compliance
required and violations and penalties. In conjunction with input from the County Attorney, this is
a discussion of a request from the Board of Supervisors to review the penalties for violations of
the County Zoning Ordinance.
Staff is looking for input from the DRRC on this request to review the above sections. Depending
on the outcome of this discussion, Staff may forward this item to the Planning Commission for
further discussion.
Attachments: Frederick County Zoning Ordinance §165-101.07
Frederick County Zoning Ordinance §165-101.08
§165-101.07.Compliance required; required permits.
A.No building or structure shall be used,occupied,developed,
located,relocated,constructed,reconstructed,enlarged or
structurally altered except in compliance with the terms and
provisions of this chapter and any other applicable ordinances
and regulations.Compliance shall require the issuance of a
permit by the Director of Code Administration.
B.No land shall be used,occupied or developed or lots created or
altered except in compliance with the terms and provisions of this
chapter and any other applicable ordinances and regulations.
C.Any person who proposes to construct or alter any building or use
or alter the use of any building,structure or land shall apply for a
permit from the Director of Code Administration.Such
application shall include all information necessary to determine if
the requirements of this chapter have been met.The Director of
Code Administration shall submit this application to the Zoning
Administrator,who shall certify whether the proposed use is in
compliance with this chapter.If such proposed use is not in
compliance with this chapter,the Director of Code Administration
shall refuse to issue a permit for the use.
D.No use or structure shall be occupied until a certificate of
occupancy has been issued by the Director of Code
Administration.No certificate of occupancy shall be issued unless
all requirements of this chapter have been met.
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§165-101.08.Violations and penalties; enforcement.
It shall be a violation of this chapter to make any use of land in a
fashion not expressly permitted by this chapter.
A.Misdemeanor.Any person(s),firm or corporation,whether owner,
lessee,principal,agent,employee or otherwise,who violates any
provision of this chapter or who uses land or constructs or alters
structures in a fashion that is not in conformance with the
requirements and procedures in this chapter shall be guilty of a
misdemeanor.Upon conviction of such misdemeanor,such
person(s),firm or corporation shall be subject to punishment by a
fine of not less than $10 nor more than $1,000.If this violation is
uncorrected at the time of conviction,the court shall order the
violator to abate or remedy such violation in compliance with the
zoning ordinance,within a time period established by the court.
Failure to remove or abate a zoning violation within a specified
time period shall constitute a separate misdemeanor offense
punishable by a fine of not less than $10 nor more than $1,000,
and any such failure during any succeeding thirty-day period shall
constitute a separate misdemeanor offense for each thirty-day
period,punishable by a fine of not less than $10 nor more than
$1,000.[Amended 12-9-1992;10-10-2001]
B.Complaints.Whenever a violation of this chapter occurs or is
alleged to have occurred,any person may file a complaint to the
Zoning Administrator,stating fully the case and basis of the
complaint.The Zoning Administrator shall record such complaint
immediately and investigate and take action as provided by this
chapter.
C.Notification.When the Zoning Administrator determines that a
violation has occurred,a notice of the violation shall be served to
the person committing or permitting the violation.The notice of
the violation shall specify the nature of the violation and shall
order that the violation cease within a reasonable time specified
by the Zoning Administrator.
D.Appeal.The interpretation of the Zoning Administrator that a
violation has occurred may be appealed to the Board of Zoning
Appeals following procedures set forth in this chapter.The order
to cease the violation may be stayed until the appeal is heard,
provided that the appeal is filed on a timely basis.
E.Enforcement.If the violation continues after the time period
specified in the notice of violation expires,the Zoning
Administrator may initiate injunction,mandamus or any other
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appropriate action to ensure compliance with this chapter.In
addition,the Frederick County Attorney or other prosecuting
attorney appointed by the Board of Supervisors shall proceed to
prosecute the violation.[Amended 6-11-2008]
F.Civil penalties.The Board of Supervisors may adopt an ordinance
which establishes a uniform schedule of civil penalties for
violations of specific provisions of this chapter according to the
provisions of the Code of Virginia,as amended.Such schedule of
offenses shall not include any zoning violation resulting in injury
to any person or persons.In such cases,the civil penalty shall be
a fine established by the schedule.The fine shall be in lieu of
criminal sanctions,and except for any violation resulting in injury
to any person or persons,such designation shall preclude the
prosecution of a violation as a criminal misdemeanor.
G.Any person summoned for a scheduled violation may provide a
waiver of trial and admission of liability and pay the civil penalty
to the County Treasurer.Such persons shall be informed of their
right to stand trial and that an admission of liability will have the
same effect as a judgment of the court.If a person charged with a
scheduled violation does not elect to enter a waiver of trial and
admission of liability,the violation shall be tried in the General
District Court as provided for by law.An admission of liability or
finding of liability shall not be a criminal conviction.
H.The remedies provided for in this section are cumulative,not
exclusive,and shall be in addition to any other remedies provided
by law.
§165-101.08 §165-101.08
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