DRRC 02-27-20 Meeting Summary1
DRRC Meeting Summary for 02/27/2020
Members Present: Kenney, Oates, Dawson, Ambrogi, Cline, Jewell, Wagner
Members Absent: Morrison, Stowe, Banks, Shenk and Thomas
Staff Present: Mike Ruddy (Planning Director), Mark Cheran (Zoning Administrator), Tyler Klein (Senior
Planner) & Rod Williams (County Attorney)
The meeting was called to order at approximately 7:00 PM by Planning Commission Chairman Kevin
Kenney.
Item # 1 – Election of DRRC Chairman and Vice-Chairman.
Planning Commission Chairman Kevin Kenney, acting as DRRC Chair in the absent of the current Chair
and Vice Chair, asked for a nomination for DRRC Chair and Vice Chair.
Planning Commissioner Larry Ambrogi was unanimously voted as Chair; Planning Commission Gary
Oates was unanimously voted as Vice Chairman.
Item # 2 – Update on Previous Zoning Ordinance Text Amendments.
DRRC Chair Ambrogi asked for staff to proceed with Item # 2. Mr. Klein provided an overview of text
amendments reviewed and acted on by the Board of Supervisors since the last regular meeting of the
DRRC, specifically:
• Conditional uses in the RA Zoning District, adopted November 2019;
• Telecommunication facilities, commercial, adopted January 2020;
• Public Utilities, including utility-scale solar power generating facilities, adopted December 2019;
and
• Amendments to landscaping, screening, buffers and requirements for certain uses, adopted
December 2019.
Staff noted that the Public Utilities ordinance amendment, was revised by the Board of Supervisors to
allow “utility-scale solar power generating facilities” only as a “conditional use” in the RA (Rural Areas)
zoning district.
Item # 3 – Development Review Fees for Conditional Use Permit.
DRRC Chair Ambrogi asked for staff to present on Item # 3. Mr. Klein noted this was a discussion of a
request by the Board of Supervisors to amend the Conditional Use Permit fees specifically for
commercial telecommunication towers to reduce the CUP application fee to encourage commercial
telecommunication facilities to locate in underserved areas of the County, specifically those rural areas
west of Interstate 81. In the BOS consideration of the text amendment for telecommunication facilities,
in lieu of allowing for additional height, the Board requested the fees be reconsidered. Staff stated that
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. Staff was proposing 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 as specified in the BOS direction.
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Mr. Gary Oates stated he thought the reduced fee was “too low” and some alternative should be
proposed. The committee generally agreed, and discussed the height of towers 51’ to 100’ would likely
be “personal” towers for individuals or small local service providers, where towers in excess of 100’
would be likely for large commercial companies (such as AT&T or Verizon), and would require more staff
time and review in their consideration. Mr. Oates stated he would propose the following fee schedule as
it relates to telecommunication facilities:
• Towers 51’-100’ in height - $1,500
• Towers 101’ and up in height - $7,000 (fee unchanged)
The proposal was seconded. The DRRC voted 5-2-5 (Members Wagner, Dawson opposed; Members
Morrison, Stowe, Banks, Shenk and Thomas absent).
Item # 4 – Zoning Ordinance Violations and Penalty Review.
DRRC Chair Ambrogi asked for staff to present on Item # 4. County Attorney Rod Williams walked
through Frederick County Zoning Ordinance §165-101.07 and §165-101.08, compliance required and
violations and penalties and further noted the applicable Code of Virginia sections including §15.2-2209
(Civil penalties for violations of zoning ordinance) and §15.2-2286 (Permitted provisions in zoning
ordinance; amendments; applicant to pay delinquent taxes; penalties). Mr. Williams presented
hypothetical examples of how a zoning violation compliance would work under “civil penalties” and/or
“misdemeanors” noting that the effect was to ensure rectification of zoning violations and serve as a
deterrent to repeat violations. Planning Director Mike Ruddy and Zoning Administrator Mark Cheran
also noted that the process is like what is already in place but could now carry a monetary fine. Mr.
Ruddy noted the proposed change was in response to a repeat offender erecting illegal
telecommunication facilities but would need to be applied to all zoning violations. Mr. Williams
concluded noting all fines would be paid back to the locality through the Treasurer’s Office.
The DRRC discussed and generally supported enhancing the fees under the current misdemeanor
process outlined in §165-101.08(A). Staff was directed to revise the proposed amendment and bring it
back to a future meeting for DRRC endorsement.
Item # 5 – Other.
Mr. Klein noted that Planning & Development staff was working with the County Attorney and County
Administration to revise the requirement for “special event facilities” in the RA zoning district and
festival permits for other types of events. Staff noted that this effort was to reduce the number of
applications for both CUPs and festival permits but also ensure such type of activities would still be
reviewed by VDOT and other County agencies for compliance with applicable regulations (through a
minor site plan process).
Staff concluded that this ordinance amendment would come forward to the DRRC at a future meeting
for more discussion.
No “other” topics were discussed.
The meeting concluded at 8:01 PM.