HomeMy WebLinkAboutPC 01-19-22 Meeting Agenda1.Call to Order
2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
3.Meeting Minutes
3.A.December 15, 2021 Meeting Minutes
4.Committee Reports
5.Citizen Comments
6.Public Hearings
6.A.Conditional Use Permit #14-21 for Terrence Price - (Mr. Cheran)
Submitted to construct a 60' tall wireless telecommunication tower. The property is
located at 1104 Rockwood Trail, Winchester, Virginia and is identified with Property
Identification Number (PIN) 49B03-123-251 in the Back Creek Magisterial District.
7.Other
7.A.Current Planning Applications
8.Adjourn
AGENDA
PLANNING COMMISSION
WEDNESDAY, JANUARY 19, 2022
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC 01-19-22MinutesDecember15.pdf
PC01-19-22CUP14-21_Redacted.pdf
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Planning Commission
Agenda Item Detail
Meeting Date: January 19, 2022
Agenda Section: Meeting Minutes
Title: December 15, 2021 Meeting Minutes
Attachments:
PC 01-19-22MinutesDecember15.pdf
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Frederick County Planning Commission Page 3877
Minutes of December 15, 2021
MEETING 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 December 15, 2021.
PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; John F.
Jewell, Member-At-Large; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District;
William A. Orndorff, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth D. Kozel,
Shawnee District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District;
Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Roderick B. Williams,
County Attorney.
ABSENT: Charles E. Triplett, Gainesboro District.
STAFF PRESENT: Wyatt G. Pearson, Director; Candice E. Perkins, Assistant Director; John A.
Bishop, Assistant Director Transportation; Mark R. Cheran, Zoning & Subdivision Administrator;
Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the December 15, 2021 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 Thomas and seconded by Commissioner Oates the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
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Frederick County Planning Commission Page 3878
Minutes of December 15, 2021
COMMITTEES
Frederick Water – Mtg. 12/14/21
Commissioner Jewell reported the Board of Directors approved an Emergency Response
Plan (ERP) to comply with the American Water infrastructure Act of 2018. They also approved a new
water contract with the City of Winchester. Commissioner Jewell shared the operations report for
November and noted the quarries are in excellent shape.
Other
Chairman Kenney welcomed the two new members of the Planning Commission;
William Orndorff of the Stonewall District and Mollie Brannon of the Back Creek District.
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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.
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PUBLIC HEARING
Rezoning #05-21 for Paula O. Henry submitted by Pennoni Associates, Inc., to rezone 8.2+/- acres
from the B2 (General Business) District to the B3 (Industrial Transition) District. The property is
located at the intersection of Stratford Drive (Route 1350) and Fort Collier Road (Route 1322) in
the Stonewall Magisterial District and is identified by Property Identification Number 54-A-97U.
Action – Recommend Approval
Candice E. Perkins, Assistant Director reported, this is a request to rezone 8.2 acres from
the B2 (General Business) District to the B3 (Industrial Transition) District; the property is located along
Fort Collier Road, approximately 400’ east of Baker Lane and 1,400’ north of Berryville Avenue. She
noted, there are no proffers associated with this rezoning. Ms. Perkins continued, the subject property
was rezoned from the M1 District to B2 District in 1987 . The site is located within the limits of the
Northeast Land Use Plan of the Comprehensive Plan, which identifies the property for commercial land
uses. The existing and proposed zoning are generally consistent with the goals of the Plan.
Ms. Perkins explained, the intent of the B3 District is to provide for heavy commercial
activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the
vicinity of business and industrial areas. In some cases, such areas may be transitional, located between
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Frederick County Planning Commission Page 3879
Minutes of December 15, 2021
business and industrial areas. She continued, while some uses permitted within the B2 and B3 Districts
do overlap, it should be noted that many uses are more intensive, and this site is surrounded by a mixture
of business, transitional, and residential zoning and therefore careful consideration should be made
regarding impacts to surrounding uses and visibility.
David Frank of Pennoni Associates, Inc., representing the Applicant came forward and
shared a brief overview and history of the proposed project.
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 a motion made by Commissioner Oates and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Rezoning #05-21 for Paula O. Henry submitted by Pennoni Associates, Inc., to rezone 8.2+/- acres
from the B2 (General Business) District to the B3 (Industrial Transition) District. The property is located
at the intersection of Stratford Drive (Route 1350) and Fort Collier Road (Route 1322) in the Stonewall
Magisterial District and is identified by Property Identification Number 54-A-97U.
(Note: Commissioner Triplett was absent from the meeting.)
Conditional Use Permit #13-21 for Upper Valley Estate, LLC summited by Pennoni Associates, Inc.
to construct a tractor truck trailer parking facility. The subject properties are located between
Welltown Road and Crown Lane just south of the CSX Railroad and north of Liberty Square and
are identified with Property Identification Numbers 43-A-51, 43-s-B, and 43-3-E in the Stonewall
Magisterial District.
Action – Recommend Denial
Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request for a
Conditional Use Permit to allow for a tractor truck and tractor truck trailer parking facility on three
parcels. The parcels are located between Crown Lane and Welltown Road, approximately 300’ north of
the intersection of Martinsburg Pike and Welltown Road, adjacent to and south of the Winchester &
Western Railroad in the Stonewall Magisterial District. Mr. Cheran explained, the subject properties are
currently zoned M1 (Light Industrial) District and vacant; the surrounding land uses consist of
commercial and industrial land uses. He noted, the Zoning Ordinance allows for tractor truck and tractor
truck trailer parking facilities as a conditional use in the M1 Zoning District.
Mr. Cheran continued, this proposed tractor truck and tractor truck trailer parking facility
would be located on three parcels that total 3.4 acres; it would contain eighty-five (85) truck parking
spaces with a gravel surface; and includes a 50’ zoning district buffer along the adjacent B2 zoned
properties to the south/west, a double row of evergreen trees would be required along Welltown Road and
Crown Lane, and a single row along the rear of the site. He presented a copy of the concept plan to the
Commission. He noted that the transportation network in this area of the County is constrained, therefore
careful consideration should be given as to whether the introduction of additional tractor trailer traffic
through these congested intersections is appropriate.
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Frederick County Planning Commission Page 3880
Minutes of December 15, 2021
Mr. Cheran reported, the concept plan submitted with this application identifies access to
this site via a right-in entrance on Welltown Road and an entrance on Crown Lane. VDOT has indicated
that this entrance would require further vetting and therefore is not currently approved by VDOT. He
continued, while the Applicant has proposed access onto Welltown Road, Staff has included a condition
prohibiting this access and requiring the closure. The closure of this entrance will ease any future
stacking, turning actions, and uses on Welltown Road. The use of an entrance on Crown Lane would
require trucks to utilize the signalized intersection of Crown Lane and Martinsburg Pike to access the site.
Mr. Cheran presented the Conditions of Approval as recommended by Staff:
1. All review agency comments and requirements shall be complied with at all
times.
2. A site plan shall be submitted to and approved by Frederick County prior to the
establishment of this use. The site plan shall meet the requirements of the
Frederick County Zoning Ordinance Section 165-204.24 Tractor truck and tractor
truck trailer parking.
3. Parcels 43-A-51, 43-2-B, and 43-3-E shall be consolidated prior to site plan
approval.
4. Access to Welltown Road (Route 661) shall be prohibited; furthermore, the
existing entrance on Welltown Road shall be closed. Access to this site shall
only occur via Crown Lane.
5. Any expansion or modification of this use shall require a new Conditional Use
Permit.
Commissioner Thomas commented regarding Condition #4, in the VDOT comments it
says they recommend an additional study; why wouldn’t we hold off on that condition until after the
VDOT study. Mr. Cheran noted the Commission can certainly make this change to the condition. Mr.
Bishop stated he feels comfortable in that VDOT will want a right-in only. Chairman Kenney inquired
with the by-right uses this could be something else and if so, would it be introduced back to the
intersection. Mr. Cheran commented that is correct. Commissioner Brannon noted in the Comprehensive
Plan this area is designated as a commercial setting. Mr. Bishop explained the transportation aspects of
M1 (Light Industrial) Zoning District.
Ron Mislowski of Pennoni Associates, representing the Applicant came forward and
shared a brief overview of the property. He pointed out the trips per day count. He also recommended
the Planning Commission not impose the right-in condition until VDOT says it is a problem.
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.
Commissioner Jewell shared his concerns with Welltown Road, and he said he likes the
idea of the right-in. Commissioner Molden commented he has heard there may be lanes added to
Welltown Road and if so, that would be a plus and he is in favor of the right-in. Commissioner Thomas
feels the right-in will work better and he would like Condition #4 changed to read the Applicant has to
comply with the recommendations of VDOT. Commissioner Brumback noted all trucks will have to
come out of Crown Lane and this will create a nightmare situation. Chairman Kenney commented this is
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Frederick County Planning Commission Page 3881
Minutes of December 15, 2021
a tough area and he does not want to make the traffic in this area worse, however this is a parcel of land
that they have worked a long time to find a suitable use for.
Upon a motion made by Commissioner Orndorff and seconded by Commissioner
Brumback
BE IT RESOLVED, the Frederick County Planning Commission does recommend denial of Conditional
Use Permit #13-21 for Upper Valley Estate, LLC summited by Pennoni Associates, Inc. to construct a
tractor truck trailer parking facility. The subject properties are located between Welltown Road and
Crown Lane just south of the CSX Railroad and north of Liberty Square and are identified with Property
Identification Numbers 43-A-51, 43-2-B, and 43-3-E in the Stonewall Magisterial District.
Yes: Orndorff, Brumback, Kenney, Thomas, Manuel, Kozel, Jewell
No: Molden, Dawson, Mohn, Brannon
Abstain: Oates
(Note: Commissioner Triplett was absent from the meeting.)
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OTHER
Wyatt G. Pearson, Director of Planning mentioned the retreat with the Board of
Supervisors will be held on February 4, 2022 in the morning and more information will be forthcoming.
Chairman Kenney announced this meeting would be his las formal meeting as he will be
stepping down as the Chairman.
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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 Brumback and
unanimously passed. The meeting adjourned at 7:35 p.m.
Respectfully submitted,
____________________________
Kevin W. Kenney, Chairman
___________________________
Roderick B. Williams, Secretary
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Planning Commission
Agenda Item Detail
Meeting Date: January 19, 2022
Agenda Section: Public Hearings
Title: Conditional Use Permit #14-21 for Terrence Price - (Mr. Cheran)
Attachments:
PC01-19-22CUP14-21_Redacted.pdf
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CONDITIONAL USE PERMIT #14-21
Terrence Price Wireless Telecommunication Tower
Staff Report for the Planning Commission
Prepared: January 11, 2022
Staff Contact: Mark Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 01/19/22 Pending
Board of Supervisors: 02/09/22 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) to allow for the construction of a 60-foot
wireless telecommunication tower for personal use, at 1104 Rockwood Trail, in the Back Creek
Magisterial District. The subject property is zoned R5 (Residential Recreational Community)
District and is within the Shawneeland subdivision.
Should the Planning Commission find the use to be appropriate, Staff would suggest the
following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be for the applicant’s personal wireless service use only.
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.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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Page 2
CUP #14-22, Terrence Price Wireless Telecommunication Tower
January 11, 2022
LOCATION: This property is located at 1104 Rockwood Trail, Winchester, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 49B03-123-251
PROPERTY ZONING & PRESENT USE: Zoned: R5 (Residential Recreational Community)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: R5 (Residential Recreational Community) Use: Vacant
South: R5 (Residential Recreational Community) Use: Vacant
East: R5 (Residential Recreational Community) Use: Vacant
West: R5 (Residential Recreational Community) Use: Vacant
PROPOSED USE: This is a request for a Conditional Use Permit to allow for a 60-foot wireless
telecommunication tower.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The review of this application for a Conditional Use
Permit for this property has been completed. It appears to have no impact on a VDOT facility.
The location of the tower is within a private subdivision. VDOT has no further comments.
Winchester-Frederick County Health Department: According to the revised site plan for the
house location approved by this office on 10-13-21, the conflict with the proposed tower has
been resolved. The tower and/or guy wires should remain 10’ minimum from the building sewer
from the garage and the septic/pump.
Frederick County Inspections: Tower, foundation, and related building and/or structures shall
comply with the 2018 Virginia Building Code.
Tower shall be designed in accordance with the provisions of the TIA -222 and shall be of
noncombustible material. Towers shall be located such that guy wires and other accessories
shall not cross or encroach upon any street or other public spaces, or over above-ground electric
utility lines without written consent. Access to the tower sit es shall be limited as required by
applicable OSHA, FCC and EPA.
The tower, foundation and any other related buildings/structures require permits.
All structural plans submitted for permit application shall be sealed by a VA Design
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CUP #14-22, Terrence Price Wireless Telecommunication Tower
January 11, 2022
Professional.
Special inspection requirements of Chapter 17 of VBC may apply to this type of structure.
Frederick County Fire Marshal: Plans approved.
Winchester Regional Airport: No comment.
Frederick Water: No comment.
City of Winchester: No comment.
Planning and Zoning:
This proposed 60-foot commercial telecommunication facility is located on a 1.9 +/- acre
property that is zoned R5 (Residential Recreational Community) District. The Zoning Ordinance
allows for commercial telecommunication facilities in the R5 Zoning District with an approved
CUP.
The Comprehensive Plan provides guidance when considering any land use action. The
Comprehensive Plan identifies this area of the County to remain residential in nature which is
consistent with the current zoning and use of the site. The properties adjacent to this proposed
tower are vacant and zoned R5 District.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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49B03 123 251
1204ROCKWOODTRL
715ROCKWOODTRL
1200ROCKWOODTRL
406FIREWOODTRL
HONEYWOOD TRL
ROCKWOOD TRLARCHWOOD TRLApplication
Parcels
R5 (Residential Recr eationa l Com munity Distr ict)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: December 21, 2021TIMBER RIDGE TRLROCKWOOD TRLARCHWOOD TRLJALAPA TRLASHWOOD TRL
GORE TRL0 120 24060 Feet
CUP # 14 - 21: Terrence PricePINs: 49B03 - 123 - 25160' Personal Internet TowerZoning Map
CUP #14-21
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49B03 123 251
1204ROCKWOODTRL
715ROCKWOODTRL
1200ROCKWOODTRL
406FIREWOODTRL
HONEYWOOD TRL
ROCKWOOD TRLARCHWOOD TRLApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: December 21, 2021TIMBER RIDGE TRLROCKWOOD TRLARCHWOOD TRLJALAPA TRLASHWOOD TRL
GORE TRL0 120 24060 Feet
CUP # 14 - 21: Terrence PricePINs: 49B03 - 123 - 25160' Personal Internet TowerLocation Map
CUP #14-21
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Address
107 N. Kent Street
Winchester VA 22601
107 N. Kent Street
Winchester VA 22601
Name and Property Identification Number
Name William Jones
Property# 49802 123 209
Name Michale Nord
Property# 49802 123 210
Name
Property#
Name Shawneeland Sanitary District Office
50Tomahawk Trl. Winchester, VA 22602
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
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Planning Commission
Agenda Item Detail
Meeting Date: January 19, 2022
Agenda Section: Other
Title: Current Planning Applications
Attachments:
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