PC 07-01-20 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 July 1, 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; 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: None
STAFF PRESENT: Candice E. Perkins, Assistant Director; Mark R. Cheran, Zoning & Subdivision
Administrator; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the July 1, 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
Item 6. B. CUP #05-20 Bartonsville Energy Facility was removed from the agenda.
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning
Commission unanimously adopted the agenda with this change having been made for this evening's
meeting.
MINUTES
Upon motion made by Commissioner Thomas and seconded by Commissioner Cline the
Planning Commission unanimously adopted the minutes from the May 6, 2020 meeting.
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Minutes of July 1, 2020
CITIZEN COMMENTS
Chairman Kenney called for citizen comments on any subject not currently Qn the
Planning Commission's agenda or any item that is solely a discussion item for the Commission.
Mr. Steve Brim commented he is very hopeful the project will go through. He noted, if
developed with housing the impacts will be much greater to the surrounding neighbors. He continued, as
residents of Springdale Glenn they look forward to the approval of this project and the land is well located
for a solar farm. He concluded, the project will contribute taxes dollars and revenue to the County.
Supervisor Graber came forward and offered to hear from any citizens and
welcomes feedback and suggestions they may have.
No one else came forward to speak and Chairman Kenney closed the public comments
portion of the meeting.
COMMITTEES
Frederick Water — Mta. 06/16/20
Commissioner Marston reported, the Frederick Water Board of Directors adopted a
Pandemic Policy at the meeting. He continued, the Board authorized the execution of a construction
contract for the new Water Treatment Plant and Orchard View Elementary School water system and
production well improvements are complete. Commissioner Marston shared the operations report for
May 2020: customer base is over 17,000 customers; monthly water production averaged 6.216 MGD; the
quarries are full and in excellent shape; rainfall in May was 2.04', down from April's 4.5'.
Development Review and Regulations Committee — Mtg. 06/25/20
Commissioner Ambrogi reported, the Committee discussed a proposed ordinance
amendment to expand the definition for "Day -Care Facility" to also include adult -care. He noted, this
item will come forward to the Planning Commission for discussion in August.
Transportation Committee — Mta. 06/29/20
Commissioner Oates reported the Committee discussed the Rt. 11, exit 31 study; VDOT
has come up with a diverging diamond on Rt. 11, which would solve a lot of issues. He continued,
secondly the SmartScale resolution was approved, however with the Covid crisis things are moving slow
and deadlines are being pushed back by VDOT. Also discussed were the Interstate and Primary Road
Plans and the Committee endorsed these. The Secondary Road Plans were put on hold as they are waiting
on VDOT to provide more information, mainly how much money will be available. Commissioner Oates
concluded, Renaissance Drive is still being worked on and plans are at 90%; and the Sulphur Springs
Road project had its final inspection today and if passed that project is complete.
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Minutes of July 1, 2020
Agricultural District Advisory Committee — Mt2. 06/25/20
Commissioner Cline reported, every 5 years the County is required to review, renew, add,
or remove properties from the Agricultural and Forestal District. This year there are 2 new parcels
coming in.
Board of Supervisors
Board of Supervisors' Liaison, Supervisor Graber personally thanked Mr. Klein and Mr.
Ruddy for their work on the solar panel projects. He also thanked Commissioner Marston and
Commissioner Jewell for their willingness and efforts in meeting with citizens.
PUBLIC HEARING
CUP #04-20 for Robert Blankinship, submitted to construct a 70 -ft commercial telecommunication
facility. The property is located at 100 Archwood Trail, Lot 215 in Shawneeland, and is identified
with Property Identification Number 491303-123-215 in the Back Creek Magisterial District.
Action — Recommend Approval
Mark R. Cheran, Zoning & Subdivision Administrator reported, this is a request for a
Conditional Use Permit for a 70 -ft commercial telecommunication tower with an accessory structure. He
continued, the property is located at 100 Archwood Trail in the Shawneeland Subdivision; the property is
zoned R5 (Residential Recreational Community) and the land use is vacant with the exception of the
tower. He noted, the properties immediately adjacent to this proposed CUP are also vacant and zoned R5.
He provided a locations map of the property. Mr. Cheran continued; this Cup was applied for in response
to a zoning violation due to the construction of the 70 -ft telecommunication tower for internet wireless
communication on this property without an approved CUP; the approval of a CUP is one avenue to abate
this violation. He explained, the Zoning Ordinance allows for commercial telecommunication facilities in
the R5 Zoning District with an approved CUP. He noted, 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 internet wireless communication needs. He provided a drawing of the tower
location. Mr. Cheran concluded, should the Planning Commission find this use appropriate, Staff would
recommend the following conditions:
1. All review agency comments shall be complied with at all times.
2. The tower shall be available for collocating personal wireless services
providers.
3. The tower shall be removed by the Applicant or property owner within twelve
(12) months of abandonment of operation.
4. Any expansion or modification of this use will require a new Conditional Use
Permit.
Mr. Robert Blankinship, the Applicant came forward and explained, this tower was
acquired from a previous owner of the property. He believed at that time the tower was in compliance
with the County Zoning Ordinance, however he was contacted by Mr. Cheran that is was in violation of
the code. He stated he would like to come into compliance with the County.
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Minutes of July 1, 2020
Commissioner Morrison asked what the design of the tower is. Mr. Blankinship
explained it is known as a Rone 25G or guide tower, with 10 sections and has reinforcement to prevent
torking for help with the wind. Commissioner Morrison asked if it would collapse would it remain on the
property. Mr. Blankinship responded yes; it would collapse within itself.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this tune.
Mr. William Murphy came forward and presented an overview of an auction held in 2005
at which time he purchased several parcels. IIe feels the value of the property is going to decrease
because of this tower and he thinks the County should have an obligation to the people that purchased
properties at that time.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
Upon motion made by Commissioner Jewell and seconded by Commissioner Marston
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of CUP #04-20 for Robert Blankinship, submitted to construct a 70 -ft commercial telecommunication
facility. The property is located at 100 Archwood Trail, Lot 215 in Shawneeland, and is identified with
Property Identification Number 491303-123-215 in the Back Creek Magisterial District.
CANCELATION OF REGULAR MEETING
Chairman Kenney announced there were no pending items for the Planning
Commission's July 15, 2020 meeting and it will be canceled.
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Marston to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously
passed. The meeting adjourned at 7:25 p.m.
Respectfully submitted,
Kevin W. Ken
Michael T. Ruddy, Secretary
Frederick County Planning Commission
Minutes of July 1, 2020
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