Loading...
PC 01-15-20 Meeting MinutesMEETING MINUTES OF THE FREDERICK COUNT' PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on January 15, 2020 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; J. Rhodes Marston, Back Creek District; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at Large; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. 11001=10 sm STAFF PRESENT: Michael T. Ruddy, Director; Mark R. Cheran, Zoning & Subdivision Administrator; M. Tyler Klein, Senior Planner; Pam Deeter, Secretary. CALL TO ORDER Chairman Kenney called the January,15, 2020 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman 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 3688 Minutes of January 15, 2020 ELECTION OF OFFICERS, MEETING SCHEDULE, AND ADOPTION OF BYLAWS AND RULES & RESPONSIBILITIES FOR 2020 Director Michael T. Ruddy presided over the election of the Chairman and Vice Chairman for 2020. Election of Kevin W. Kenney, Chairman for 2020 Director Michael T. Ruddy declared nominations open for Chairman for the 2020 calendar year. The nomination of Mr. Kevin W. Kenney for Chairman was made by Commissioner Thomas and seconded by Commissioner Triplett. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Kevin W. Kenney as Chairman of the Planning Commission for the calendar year 2020. Election of Roger L. Thomas, mice Chairman for 2020 Director Michael T. Ruddy declared nominations open for Vice Chairmen for the 2020 calendar year. The nomination of Mr. Roger L. Thomas was made by Commissioner Oates and seconded by Commissioner Triplett. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Roger L. Thomas as Vice Chairman of the Planning Commission for the calendar year 2020. Election of Michael T. Ruddy, Secretary for 2020 Chairman Kenney declared nominations open for Secretary for the 2020 calendar year. The nomination of Mr. Michael T. Ruddy was made by Commissioner Oates and seconded by Commissioner Cline. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Michael T. Ruddy as Secretary of the Planning Commission for the calendar year 2020. Frederick County Planning Commission Page 3689 Minutes of January 15, 2020 PLANNING COMMISSION BYLAWS AND ROLES & RESPONSIBILITIES AND MEETING SCHEDULES FOR 2020 Director Michael T. Ruddy stated the Planning Commission's Bylaws and Roles and Responsibilities and Meet;--.,-, Schedules have been reviewed by the Commission and are ready for the Commission's consideration and adoption. Upon motion made by Commissioner Oates and seconded by Commissioner Thomas BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously adopt the Planning Commission's Bylaws and the Roles & Responsibilities and Meeting Schedules for the calendar year of 2020 as presented. COMMITTEE ASSIGNMENTS Regarding committee assignments for the calendar year 2020, Chairman Kenney asked the Planning Commission members to remain in their current committee assignments until notified otherwise. COMMITTEE REPORTS City of Winchester Commissioner Brandon Pifer, Winchester City Planning Commission Liaison, reported the scheduled work session was not held due to the weather conditions. 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. Frederick County Planning Commission Page 3690 Minutes of January 15, 2020 PUBLIC HEARING Conditional Use Permit #08-19 for TowerCo, submitted by Thomas Moore Lawson, P.C. to construct a commercial telecommunication facility consisting of a 195 -foot monopole telecommunication facility and accessory structures. The property is located at 107 Emory Court, Stephens City, Virginia and is identified with Property Identification Number 75-A-118 in the Opequon Magisterial District. Action — Recommend Denial Mr. Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request for a Conditional Use Permit to construct a commercial telecommunication facility consisting of a 195 foot monopole telecommunication facility and accessory structures. He continued, the property is located on a 4+/- acre property that is zoned RA (Rural Areas) Zoning District and the property is located within the UDA and SWSA as well as being located within the Southern Frederick Area Plan. Mr. Cheran presented location maps of the property. He noted, the plan identifies this area as a recreational resource with the area north to remain residential in character. Mr. Cheran explained the Zoning Ordinance requires commercial telecommunication towers over 50' in height to have a Conditional Use Permit. He continued, the properties immediately adjacent to this proposed CUP are currently zoned RA (Rural Areas) and RP (Residential Performance) are located to the north of this site; the Zoning Ordinance requires that all proposed telecommunication facilities be subject to additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas and properties of significant historic value. Mr. Cheran reported, the Zoning Ordinance requires an Applicant to provide confirmation that an attempt was made to collocate on an existing telecommunication facility, and possible collocation structures. He noted, the Applicant has provided an inventory of existing telecommunication facilities, and no other telecommunication facility or possible collocation opportunity structures exist in this area; should this facility be approved this commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with telecommunication needs. Mr. Cheran presented the following conditions as recommended by Staff: 1. All review agency comments 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 within 12 months of abandonment of operation. 5. In the event a telecommunications tower is not erected within 12 months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or change of use shall require a new Conditional Use Permit. Mr. Thomas "Ty" Lawson, P.C. came forward representing the Applicant. He provided a brief overview of the application. Mr. David Hockey, of TowerCo came forward and shared what TowerCo is and what they do. He explained, they were approached by Shentel to build a tower at this Frederick County Planning Commission Page 3691 Minutes of January 15, 2020 location. He provided mapping of the property and the proposed location of the tower. Regarding the tower height, he noted it was originally planned to be 195 feet and has been reduced to 150 feet. Commissioner Thomas commented regarding the topography of the site; if the tower is moved farther south it will be moving it closer to the park property. Mr. Hockey stated that is correct. Commissioner Thomas asked if the topography is the same farther south as it is in the center of the site or does the topography drop off. Mr. Hockey commented the parcel is generally flat and moving it south would be moving it a little farther from the housing. Commissioner Triplett asked if these monopoles are designed to collapse down rather than fall over. Mr. Hockey stated that is correct; when the towers are designed, they have what is called collapse zones that are within the tower. Mr. Lawson provided an aerial view of the property noting trees will be planted in the surrounding area where some of the trees are missing. He reported, there have been attempts by Shentel to find other sites that have been unsuccessful. Ms. Jessie Wilmer, representing Shentel carne forward and provided a brief overview of Shentel and their history. She shared the objectives of Shentel in providing coverage in the area. Ms. Wilmer provided the reasons as to why they need the tower. She explained the balloon testing that was performed for this project and shared photos. Commissioner Oates asked if a light will be required on top if it is at 150 feet. Mr. Lawson responded no; it would have to be above 200 feet according to the FAA. He noted, the Applicant would put a light if it were needed. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Approximately 18 to 20 citizens came forward and shared their concerns which consisted of: A negative impact on property values; an eye sore from surrounding homes; it will be hard to sell homes in Dominion Greens; health impacts the tower could have; bike and walking trails will be affected; a danger to children in recreational area; a light on top would be a nuisance. One citizen spoke in favor of the tower and shared: the need for communication; need more cell towers to cover the capacity and Shentel has done a great job of finding locations; colocation will be beneficial to other carriers. Supervisor Bob Wells came forward and offered to speak with citizens after the meeting. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Mr. Lawson shared; the FAA determination does not require a light. He noted the sensitivity to the needs and views of the neighbors and Shentel will do their best to accommodate. Commissioner Thomas thanked everyone for coming and speaking. He noted the Applicants willingness to compromise the height of the tower and there are some sacrifices that have to be made. He understands this is a tough issue however there are limited areas this can be located. Frederick County Planning Commission Page 3692 Minutes of January 15, 2020 Commissioner Mohn commented lie struggles to support the justification and the impacts on the neighbors but yet there is a real need for a tower near there. A motion was made by Commissioner Thomas to approve however there was not a second. Upon motion made by Commissioner Oates to deny and seconded by Commissioner Molden BE IT RESOLVED, the Frederick County Planning Commission does recommend denial of Conditional Use Permit #08-19 for TowerCo, submitted by Thomas Moore Lawson, P.C. to construct a commercial telecommunication facility consisting of a 195 -foot monopole telecommunication facility and accessory structures. The property is located at 107 Emory Court, Stephens City, Virginia and is identified with Property Identification Number 75-A-118 in the Opequon Magisterial District. Yes: Marston, Ambrogi, Manuel, Cline, Oates, Kenney, Molden, Mohn, Dawson, Morrison, Triplett No: Thomas 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, §165-204.19, Telecommunication facilities, commercial. Revisions to the Frederick County Zoning Ordinance to §165-204.19 to allow telecommunication structures up to 100 -feet above ground level as administrative review -eligible projects in certain areas of the County. Recommend — Denial Mr. M. Tyler Klein, Senior Planner, reported the Board of Supervisors adopted the proposed changes to the telecommunication facilities, commercial requirements on December 11, 2019 which created a two -track process for review and approval of commercial telecommunication facilities. He continued, following approval of the proposed ordinance amendment, the Board directed Staff to draft a subsequent amendment to further allow telecommunications facilities up to 100 feet in height by -right in certain areas of the County. Mr. Klein explained, the purpose of the amendment to Chapter 165 — Zoning Ordinance is to: Enable telecommunication structures, up to 100 feet in height by -right in areas of the County west of Interstate 81; All other requirements of the newly adopted telecommunications facilities, commercial section of the Zoning Ordinance remain unchanged. He provided mapping showing the new area. Mr. Klein concluded, this item was proposed by the Board of Supervisors at their December 11, 2019 meeting and subsequently drafted by the County Attorney and Planning and Development Staff. Commissioner Thomas asked if the language could possibly be changed to read "outside of the Urban Development Area". Mr. Klein commented, it is not that clear of a line and Staff went by the explicit direction of a Board Member to use this language. Commissioner Oates asked if the Board of Supervisors directed this item to come straight to a Public Hearing rather than hold a discussion. Mr. Klein noted that is correct. Commissioner Oates commented if it had gone to the DRRC things may have been ironed out a bit and as the item is now, he cannot support it. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Numerous citizens spoke in opposition of this Ordinance Amendment siting concerns such as: a tower being too close to homes; need a CUP for this type of tower; use the existing Verizon tower, close to a home's septic system; 100 foot tower is too large for this area. Frederick County Planning Commission Page 3693 Minutes of January 15, 2020 A couple citizens spoke in favor of this Ordinance Amendment siting the need for better service in the area and the by -right abilities. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Upon motion made by Commissioner Oates seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend denial of 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, §165-204.19, Telecommunication facilities, commercial. Revisions to the Frederick County Zoning Ordinance to §165-204.19 to allow telecommunication structures up to 100 -feet above ground level as administrative review -eligible projects in certain areas of the County. ACTION ITEM 2020-2025 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects requested by various County Department and Agencies. The Plan is created as an information document to assist in the development of the County's annual budget. If adopted, the CIP is a component of the 2035 Comprehensive Plan. Recommend — Approval Mr. Michael T. Ruddy, Director, reported the Capital Improvement Plan (CIP) is a document that consists of a schedule of major capital expenditures for the County for the ensuing five- year period, as well as a category for long term projects (6+ years out). He continued; the inclusion of projects is in no way an indication that Frederick County will be undertaking these projects. Mr. Ruddy noted, the CIP is strictly advisory; it is intended for use as a capital facilities planning document, not for requesting funding allocations. He explained, once adopted, project priorities and cost estimates may change throughout the year based on changing circumstances. It is also possible that particular projects may not be funded during the year that is indicated in the CIP. Mr. Ruddy reported, this year's CIP continues to reinforce the connection between the CIP, the 2035 Comprehensive Plan, and future rezoning applications; the total number of projects is 82. He concluded, the CPPC endorsed the 2020 — 2025 CIP in December 2019 and determined the CIP is in conformance with the 2035 Comprehensive Plan. Commissioner Oates commented, each year we look at the CIP and the departments are to be looking at this as to what they need rather than what they want; however, it is not a document being funded by the County and it does meet the requirements of the 2035 Comprehensive Plan. Commissioner Thomas noted, sometimes the CIP gives the department unwarranted expectations; some things on the list will never happen. He wishes we could come up with a more realistic CIP based on income and what we can actually afford to spend and not have a "wish list". Upon motion made by Commissioner Thomas seconded by Commissioner Manuel Frederick County Planning Commission Page 3694 Minutes of January 15, 2020 BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the 2020-2025 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects requested by various County Department and Agencies. The Plan is created as an information document to assist in the development of the County's annual budget. If adopted, the CIP is a component of the 2035 Comprehensive Plan. CANCELATION OF REGULAR MEETING Chairman Kenney announced there were no pending items for the Planning Commission's February 5, 2020 meeting and it will be canceled. 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 9:20 p.m. Respectfully submitted, e---- Kevin W. Kenney, Chairman Michael T. Ruddy, Secretary f Frederick County Planning Commission Page 3695 Minutes of January 15, 2020