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PC 11-06-19 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 November 6, 2019. PRESENT: Kevin Kenney, Chairman; 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;, Alan L. Morrison, Member at Large; Kathleen Dawson, Red Bud District, Charles E. Triplett, Gainesboro District, Christopher M. Mohn, Red Bud District and Roderick B. Williams, County Attorney. ABSENT: J. Rhodes Marston, Back Creek District; Greg L. Unger, Back Creek District. STAFF PRESENT: Michael T. Ruddy, Director; Mark R. Cheran, Zoning & Subdivision Administrator, M. Tyler Klein, Senior Planner; Kathy Smith, Secretary. CALL TO ORDER Chairman Kenney called the November 6, 2019 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chainnan Kenney 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 Cline, the Planning Commission unanimously adopted the agenda for this evening's meeting. Frederick County Planning Commission Page 3669 Minutes of November 6, 2019 COMMITTEE REPORTS Frederick Water — Mtg.10/22/19 Commissioner Oates reported the Committee discussed: the audit for the year ending June 30, 2019, which was accepted without any issues; A Resolution authorizing the issuance of revenue bond was approved. The naming of the new ballfields that Frederick Water is constructing on Stephenson Road has been named `Stonewall Park" as recommended by the Board of Supervisors. City of Winchester — Mtg. 11/5/19 Winchester City Planning Commissioner Liaison, Commissioner Pifer reported, the approval of a Conditional Use Permit request from Esterly Schneider & Associates to allow a flat roof structure and unbroken wall plane of 24 feet or greater in length at 604 Cedar Creek Grade. Also discussed was a request from Epic Lofts for green space on Piccadilly Street, a text amendment update pertaining to telecommunication facilities including small cell, and the update to the Comprehensive Plan. Board of Supervisors — Mtg. 10/23/19 Board of Supervisors' Liaison, Supervisor Trout reported Frederick County Public Schools bond sale for $3.2 million for the replacement of Robert E. Aylor Middle School was approved as were several other fund supplemental appropriations that included the approval of funds for 10 new buses for FCPS and maintenance and operations of the Sunnyside Plaza. CITIZEN COMMENTS Chairman Kenney 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 Kenney closed the public comments portion of the meeting. PUBLIC HEARING Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses; Part 204 Additional Regulations for Specific Uses, §165-204.18. Storage facilities, self-services; §165-204.24. Tractor truck and tractor trailer parking; §165-204.30 Special event facilities; Part 202 Off -Street Parking, Loading and Access, §165-202.01 Off-street parking; parking lots; Part 203 Buffers and Landscaping, §165-203.01. Landscaping requirements; Part 203 Buffer and Landscaping, §165-203.02 Buffer and screening requirements. Revisions to the Frederick County Frederick County Planning Commission Page 3670 Minutes of November 6, 2019 Zoning Ordinance to improve consistency within certain sections and to clarify or reduce requirements for certain uses. Action — Recommend Approval Mr. Tyler Klein, Senior Planner, presented an overview of the proposed amendment to Chapter 165 — Zoning Ordinance to provide consistency within certain sections and to clarify or reduce requirements for certain uses. The Zoning Ordinance sections amended are storage facilities, self -storage, tractor track, tractor trailer truck parking, special event facilities, off-street parking, parking lots, landscaping requirements buffer and screening requirements. • § 165-204.18 Storage facilities, self -storage. The proposed changes prevent the sitting 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 landscaping and planting inconsistency regarding plant size in this section with other sections of the Zoning Ordinance and modifies requirements for screening of the use. • § 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 (gravel parking) that is consistent with the temporary nature of the use and, also provides consistency with this section planting requirements with other sections of the Zoning Ordinance. • § 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. • § 165-202.01 Off-street parking; lots. The proposed changes provide consistency with the required width of the driveways serving parking lots in this section with the other sections of the Zoning and Subdivision Ordinance and County Code (Fire Code). • § 165-203.01 Landscaping requirements. The proposed changes provide consistency 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. • § 165-203.02 Buffer and Screening requirements. The proposed change modifies what activities are allowed in inactive and active distance buffers, modifies landscape screen planting requirements, amends the requirements for buffers where the land to -be -developed is adjacent to a state road right-of-way with a designated functional Frederick County Planning Commission Page 3671 Minutes of November 6, 2019 classification of interstate, arterial or collector roadway, and amends what zoning districts are allowed to request a reduced buffer distance if certain requirements are met. Mr. Klein concluded, the Development Review and Regulations Committee (DRRC) discussed this item at their July 25t", August 22nd, and September 26"' regular meetings and generally supported the proposed changes. The Planning Commission discussed this item on October 2"d and the Board of Supervisors discussed this item October 91'. Chairman Kenney 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 Kenney closed the Public Hearing Commissioner Thomas suggested to amend a change in language for Article II Part 204 165-204.24 item A to "shall utilize pavement or gravel surface". Roderick B. Williams, County Attorney agreed with the change in language. Upon motion made by Commissioner Thomas to amend a change in the language and seconded by Commissioner Morrison BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of this Ordinance Amendment, with "shall utilize pavement or gravel surfaces" replacing "may utilize a gravel surface" to the Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses; Part 204 Additional Regulations for Specific Uses, §165-204.18. Storage facilities, self-services; §165-204.24. Tractor truck and tractor trailer parking; §165-204.30 Special event facilities; Part 202 Off - Street Parking, Loading and Access, § 165-202.01 Off-street parking; parking lots; Part 203 Buffers and Landscaping, §165-203.01. Landscaping requirements; Part 203 Buffer and Landscaping, §165-203.02 Buffer and screening requirements. (Note: Commissioners Unger and Marston were absent from the meeting.) Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE I General Provisions; Amendments; and Conditional Use Permits, Part 101 General Provisions, §165-101.02 Definitions and word usage, 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; ARTICLE VI Business and Industrial Zoning Districts, Part 605 OM Office -Manufacturing Park District, §165-605.02 Permitted Uses; Part 609 HE Higher Education District, §165-609.02. Permitted Uses. Revisions to the Frederick County Zoning Ordinance to § 165-204.19 to permit commercial telecommunication small cell facilities by -right in certain zoning districts and codify changes from the Code of Virginia governing local regulation of such facilities. Action — Recommend Approval Mr. Tyler Klein, Senior Planner, reported on the proposed amendment to Chapter 165 - Zoning Ordinance is to enable smaller commercial telecommunications facilities in certain Zoning Districts by -right: codify changes to the state code, creating a two -track process for approval and enable Frederick County Planning Commission Page 3672 Minutes of November 6, 2019 communication facilities by -right in OM (Office -Manufacturing Park) and HE (Higher Education) Zoning Districts. The changes to telecommunication facilities are wholesale and include new definitions and changes to the additional regulations for specific uses outlined in §165-204.19. Mr. Klein continued with the Zoning Ordinance currently allows commercial telecommunication facilities in most zoning districts only with an approved Conditional Use Permit (CUP). The new two -track process of administrative review on eligible projects and standard process projects. The Administrative review -eligible projects are intended to enable smaller telecommunication facilities by -right in order to enable better broadband to serve the underserved areas of the County. Mr. Klein concluded that this item was proposed by the County Attorney, Staff, and discussed by the DRRC at their September 25"' regular meeting. The DRRC agreed with the proposed changes. The Planning Commission discussed this item on October 2"d and the Board of Supervisor discussed this item October 9' Commissioner Oates commented, numerous emails had been received from residents about the Code Amendment with some incorrect information. He reiterated that tonight's Code Amendment is for commercial structures not private structures. Commissioner Thomas added to be clear, no restrictions are being added to construct a commercial tower in the County with this Amendment. This Code Amendment is for any tower over 50 feet will continue to need a CUP, and those under the 50 feet will be approved administratively by the Zoning Administrator. Commissioner Triplett commented, he is glad it was explained no one is being restricted from having broadband service. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Approximately 20 residents came forward to speak in objection to the proposed amendment. Those in the Back Creek District complained about the quality of their current broadband service and mistakenly believed that existing towers over 50 feet would be taken down and that additional restrictions would be added. Some residents suggested raising the by -right use height from 50 to 100 feet or more to get good broadband service in some areas of the County. Others suggested they would rather see a couple of larger towers instead of the smaller ones. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Thomas commented a lot of misinformation has been given out about the existing towers, they are not being removed. Commissioner Oates commented, with the towers over 50 feet, they may need a flashing light for aviation purposes which is part of the CUP process. Commissioner Oates concluded, to have the Board of Supervisors review the CUP's process to include the fee schedules for towers. Upon motion made by Commissioner Thomas and seconded by Commissioner Oates Frederick County Planning Commission Page 3673 Minutes of November 6, 2019 BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE I General Provisions; Amendments; and Conditional Use Permits, Part 101 General Provisions, §165-101.02 Definitions and word usage, 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; ARTICLE VI Business and Industrial Zoning Districts Part 605 OM Office -Manufacturing Park District, § 165-605.02Permitted Uses; Part 609 HE Higher Education District, §165-609.02. Permitted Uses. YES: Kenney, Triplett, Cline, Thomas, Oates, Morrison, Mohn No: Ambrogi, Manuel, Molden, Dawson (Note: Commissioners Unger and Marston were absent from the meeting.) Cancelation of the regular meeting Chairman Kenney announced that the Board Room will be unavailable due to the IT Department upgrade for the Planning Commission's November 20, 2019 meeting. A motion was made by Commissioner Oates to cancel the November 20, 2019 meeting of the Planning Commission. This motion was seconded by Commissioner Thomas and unanimously passed. 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 Thomas and unanimously passed. The meeting adjourned at 8:11 p.m. Respectfully submitted, ti 6,) Wz, -_ -� Kevin W. Kenney, Chairman Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3674 Minutes of November 6, 2019