PC 05-06-20 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 May 6, 2020
PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/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; John F. Jewell, 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.
ABSENT: Robert S. Molden, Opequon District.
STAFF PRESENT: Michael T. Ruddy, Director; Mark R. Cheran, Zoning & Subdivision
Administrator; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the May 6, 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 Manuel, the
Planning Commission unanimously adopted the agenda for this evening's meeting.
MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Manuel the
Planning Commission unanimously adopted the minutes from the October 2, 2019, October 16, 2019,
November 6, 2019, December 4, 2019, December 18, 2019, and January 15, 2020 meetings.
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Minutes of May 6, 2020
COMMITTEE REPORTS
Development Review and Regulations Committee — Mt2. 02/27/20
Commissioner Ambrogi reported the Committee discussed zoning ordinance amendments
and action on those; reviewed proposed changes to the Development Review Fees for conditional use
permits specifically commercial telecommunication facilities; and reviewed proposed changes to
requirements for violations, enforcement, and civil penalties involved.
Frederick Water — Mtg. 04/21/20
Commissioner Oates reported the FY 2021 budget was adopted. He continued, it was
announced the water lines are in place for Orchard View Elementary School and the plant in Stephens
City can receive water from the well on-site and send treated water back to the school. Commissioner
Oates reported the Route 37 water loop is complete and the two Frederick Water plants are now able to
provide water to all their customers; he noted, they are still required to purchase a minimum of 625,000
gallons of finished water from Winchester each day, however, that contract will expire in 2022.
Commissioner Oates concluded, the new water plant in Stephenson is currently in a bid process; and the
rainfall for February was 2.44", March was 2.21" and the quarries are remaining full.
Board of Supervisors — Mtn. 2/11/20
Board of Supervisors' Liaison, Supervisor Graber reported regarding two items before
the Planning Commission this evening; the Board of Supervisors are interested in learning how the
Planning Commission will derive at the cost figure for commercial telecommunication facilities; and
comments from a few Board Members stated it appeared in the past, businesses appear to pay the
violation fee and move on, which makes it difficult to bring them into compliance. He noted the Board of
Supervisors felt the increase would make the cost of the fee more impactful.
CITIZEN COMMENTS
Chainnan 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.
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Minutes of May 6, 2020
PUBLIC HEARING
Conditional Use Permit #01-20 for J K Lee Services, submitted for the expansion of an existing
assisted living facility adding six (6) beds for a total of forty (40) beds. The prope y is located at
549 Valley Mill Road, Winchester, Virginia and is identified with Property Identification Number
55-A-56 in the Red Bud Magisterial District.
Action — Recommend Approval
Mr. Mark R. Cheran, Zoning & Subdivision Administrator, reported this application is
for an expansion of an existing adult care facility. He noted, an adult care facility is an allowed use in the
RP (Residential Performance) Zoning District with an approved Conditional Use Permit (CUP). Mr.
Cheran continued, this facility was first approved under CUP #02-96 for a 26 -bed facility and was
constructed in 1996, utilizing a Community Development Block Grant. He presented a location map of
the property. Mr. Cheran reported, this facility is currently operating under and subject to the conditions
of CUP #22-04; this CUP allowed for a 5,600 square foot addition to the facility. This addition included
a new physical therapy room and eight (8) additional resident rooms to the facility, for a total of thirty-
four (34) beds. He noted, this new application, CUP #01-20, proposed to add six (6) additional resident
rooms within the existing structure, enabling the facility to expand to a total of forty (40) beds. Mr.
Cheran shared the conditions recommended by Staff
1. All review agency comments shall be complied with at all times.
2. Applicant must comply with all requirements of the State and County codes
pertaining to adult care facilities at all times.
3. Any expansion or modification of this use shall require approval of a new site
plan and a Conditional Use Permit.
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
comment portion of the hearing.
Upon motion made by Commissioner Mohn and seconded by Commissioner Dawson
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Pen -nit #01-20 for J K Lee Services, submitted for the expansion of an existing
assisted living facility adding six (6) beds for a total of forty (40) beds. The property is located at 549
Valley Mill Road, Winchester, Virginia and is identified with Property Identification Number 55-A-56 in
the Red Bud Magisterial District.
INFORMATION/DISCUSSION ITEMS
Master Development Plan #02-20 Heritage Commons submitted by Pennoni Associates for R-150
SPE, LLC., to develop 1.75 +/- acres of land zoned R4 (Residential Planned Community) District
for a mixed-use community with up to 645 multi -family residential housing units and a minimum of
107.500 square feet of commercial development. The subject properties are located generally west
of Route 522 and east of Interstate Sl and north and south of (future) Crossover Boulevard and are
identified by Property Identification Numbers 63-A-10 and 64-A-12.
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Minutes of May 6, 2020
Mr. M. Tyler Klein, Senior Planner, reported this is a proposal to develop 141.75+/- acres
of land zoned R4 (Residential Planned Community) Zoning District property for a mixed-use community
in the Shawnee Magisterial District. He noted, the properties subject to the MDP were part of Rezoning
(REZ) application #10-15 Heritage Commons approved December 9, 2015 with proffers. Mr. Klein
presented a zoning and location map of the property, noting this MDP includes:
• Up to 645 multi -family residential housing units
• A minimum of 107,500 square feet (SF) of commercial development
• Right-of-way dedication for future Warrior Drive (extended)
• Preservation of sensitive environmental features (Buffalo Lick Run) to be used
for recreation
• Future inter -parcel connectivity with adjacent existing residential uses
Mr. Klein reported, the MDP for Heritage Commons appears to be consistent with
approved REZ #10-15 (with proffers) and with the requirements of Article VIII, Master Development
Plans, of the Frederick County Zoning Ordinance, and this MDP is in a form that is administratively
approvable. He concluded, this application is presented for information and discussion purposes. There
were no comments or discussion from the Planning Commission.
Ordinance Amendment - Development Review Fees for Commercial Telecommunication Facilities
cups.
Mr. M. Tyler Klein, Senior Planner, reported this is a proposed amendment to Chapter
165 — Zoning Ordinance and to the Development Review Fee Schedule to reduce the fee for a Conditional
Use Permit (CUP) for commercial telecommunication facilities. He noted, 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. Mr. Klein continued, in December 2019, the
Board of Supervisors adopted the "two -track" process for review/approval of telecommunication
facilities: By -right towers up to 50' in height, approved administratively; Standard process projects (51'
or greater) require a CUP. Mr. Klein shared, fees for these types of uses were identified as a potential
barrier to local service providers in applying for telecommunication facility permits and the Board of
Supervisors further directed Staff to re-evaluate the fees with the intention of reducing the them.
Mr. Klein reported the Development Review and Regulations Committee (DRRC)
discussed this item at their February 27, 2020 meeting and recommended a tiered fee schedule of:
• For towers 51' to 100' in height - $1,500
• For towers 101' and up in height - $7,000
Mr. Klein explained, at the Board of Supervisor's March 25, 2020 meeting they adopted
a temporary code amendment (through May 24, 2020) changing the conditional use permit (CUP)
application fee for commercial telecommunication facilities.
• Current fee - $7,000 (regardless of height)
• Temporary fee - $750
Mr. Klein concluded, this Ordinance Amendment is presented for information and
discussion purposes. Commissioner Thomas inquired as to what the application fee covers and has there
been any tracking of the types of these towers. Mr. Klein stated, the fee is intended to cover the cost of
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Minutes of May 6, 2020
legal advertising in the local newspaper and adjoining property owner notifications, and that the Staff
proposed fee of $750 generally covers those costs. He noted, since the change in the ordinance to allow
by -right towers up to 50' in height and the Board of Supervisors temporary code amendment to reduce the
fee to $750, only a small number of applications have been received for new towers. Commissioner
Thomas stated, the fee schedule proposed by the DRRC, $1,500 for towers greater than 50' in height and
less than 100' in height and $7,000 for towers greater than 100' in height did not provide enough
variability for smaller towers many of which may be applied for by homeowners or local service
providers and serve a much smaller area. Mr. Thomas noted, the fees for taller towers from large
broadband internet service providers such as Shentel, typically require more Staff time and the fee should
reflect those real costs to the County. He proposed an alternative tiered fee schedule as follows:
• Towers greater than 50' and less than 75' in height - $750
• Towers greater than 75' and less than 125' in height - $2,500
• Towers greater than 125' in height - $5,000
Commissioner Oates noted, the tiered fees were discussed by the DRRC and 100' was
determined by the committee to be the threshold between smaller/local service provider towers (towers
less than 100' in height) and commercial towers for larger companies servicing a broader area (towers
greater than 100' in height). Commissioner Oates stated, in many cases, public hearings on CUP's for
telecommunication facilities are tabled for 60 days or more and subsequent advertising and notifications
are necessary, further increasing the cost to the County. Commissioner Thomas agreed with the increased
cost of re -advertising. Commissioner Jewell expressed his concern with a substantially reduced fee; $750
as proposed by the Board of Supervisors, and the CUP process being taken advantage of by a local
service provider when the intent of the tower isn't to service just one property in need of internet service
but to service a broader area around the tower. Commissioner Morrison did not agree with differentiating
the fees between various tower heights, citing topography and vegetation variation in western areas of the
County as challenging to establishing a consistent standard. There were no further comments or
discussion from the Planning Commission.
Ordinance Amendment - Zoning Enforcement, Violations, and Penalties.
Mr. M. Tyler Klein, Senior Planner, reported this is a proposed amendment to Chapter
165 — Zoning Ordinance to enact stricter penalties for zoning violations. He explained, presently, the
county enforces the zoning ordinance through the misdemeanor process, but state law also permits the use
of civil penalties. Mr. Klein continued, if the County adopted civil penalties for specified violations, state
law would require the County to pursue civil penalties for those violations, up to and accumulated fine
limit of $5,000 before pursuing the misdemeanor process for those violations.
Mr. Klein reported, the Development Review and Regulations Committee (DRRC)
discussed this item at their February 27, 2020 meeting and generally supported the fees under the current
misdemeanor process and the item was sent forward. Mr. Klein concluded, this Ordinance Amendment is
presented for information and discussion. Chairmen Kenney commented on the good guidance for this
amendment from County Attorney, Rod Williams. Commissioner Thomas supported the highest cost
penalty that was easiest for the County to collect under the misdemeanor process.
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Minutes of May 6, 2020
CANCELATION OF REGULAR MEETING
Chairman Kenney announced there were no pending items for the Planning
Commission's May 20, 2020 meeting and it will be canceled.
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Thomas to adjourn the meeting. This motion was seconded by Commissioner Marston and unanimously
passed. The meeting adjourned at 7:36 p.m.
Respectfully submitted,
Kevin W. Kenney, th rnnan
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Michael T. Ruddy, Secretary
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Minutes of May 6, 2020