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PC_07-21-10_Meeting_MinutesMEETING MINUTES ® OF THE COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on July 21, 2010. PRESENT: June M. Wilmot, Chairman /Member at Large; Roger L. Thomas, Vice Chairman/ Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Roderick Williams, County Attorney; and Kevin Talley, Winchester Planning Commission Liaison. ABSENT: Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District; and Brian Madagan, Opequon District. STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; and Renee' S. Arlotta, Clerk. 0 CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. A motion was made by Commissioner Kriz to adopt the July 21, 2010, agenda for this evening's meeting. This motion was seconded by Commissioner Thomas and unanimously passed. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the May 5, 2010, minutes of the Frederick County Planning Commission were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the May 19, 2010, minutes of the Frederick County Planning Commission were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the June 2, 2010, minutes of the Frederick County Planning Commission were unanimously approved as presented. L Frederick County Planning Commission Page 2657 Minutes of July 21, 2010 -2- Comprehensive Plans & Programs Committee — 6/14/10 Mtg. Commissioner Kriz reported the consideration of a Comprehensive Policy Plan Amendment for Tasker Woods with the Board of Supervisors at working meeting. He said the Board did not completely agree with the Planning Commission's recommendation. Commissioner Kriz said there were also committee reports. Transportation Committee — 6/28/10 Mtg. Commissioner Kriz reported on the following items: 1) Initial discussion on the Route 522 South Draft Report by the MPO (Metropolitan Planning Organization); 2) The Comprehensive Policy Plan Update is progressing; meetings with various agencies have been productive; a need was recognized for the nomenclature to be the same as that used by VDOT, wherever possible, so that ordinance changes will not have to be made; the Transportation Section of the Comprehensive Policy Plan was submitted to the chair of the Rewrite Committee on July 6; 3) The state route number for Fox Drive will be changed administratively, at the request of citizens, to Route 766; the disconnect between the Route 739 and Fox Drive, because of the bypass, was causing confusion for out -of -town motorists. • Sanitation Authority — 7/20/10 Mtg. Commissioner Unger reported that total customer base for water is 13,301; sewer is 12,835; there was an increase of 235 customers last year. He said rainfall for the month of May was 2.4 inches, which is down a little, but groundwater is still okay. Water production for the Diehl plant is 2 mgd; the Anderson plant is 2.1 mgd; approximately 1 mgd is being purchased from the City; and daily average is about 5.3 mgd. Commissioner Unger said the Diehl quarry is down about ten feet from last month, but this is acceptable. He added that the problem of rags in the sewer lines is on -going and investigation is continuing. Historic Resources Advisory Board (HRAB) — 6/15/10 Mtg. Commissioner Oates reported on two items considered by the HRAB: 1) The AT &T telecommunications tower, which will be considered this evening by the Planning Commission, was reviewed by the HRAB. He said the HRAB's preference was for the tower not to be built, due to the viewscape from the battlefield; however, if it was passed, they would like to see the number of 0 Frederick County Planning Commission Page 2658 Minutes of July 21, 2010 -3- microwave dishes limited to two and that the tower be a monopole, not lattice, construction. 2) Consideration of a request by Homespun to expand their use to include a photography gallery and a tea room. Commissioner Oates said the HRAB was favorable with the request; however, they preferred the new building for the photography studio be placed to the rear of the property and they directed the staff to work with the applicant. Development Impact Model Oversight Committee fDIMOC) — 6/08/10 Mtg. Commissioner Manuel reported that the DIMOC reviewed the annual updated DIM figures and engaged in discussion regarding the model. Winchester Planning Commission Winchester Planning Commissioner and Liaison, Kevin Talley, reported that the Commission is working on finding better locations for tattoo and body piercing parlors; they are working on their Comprehensive Policy Plan, currently focusing on the chapter dealing with mobility; and they are working on text amendments, involving child care home services, assisted living, and various types of fencing within the City. Comprehensive Policy Plan Update Chairman Wilmot reported on the progress of the Comprehensive Policy Plan Update. She said the working group is probably one -third the way through and they started on April 1, 2010. She said July 1, 2010, was the deadline date for working groups to submit the chapters they were assigned. Chairman Wilmot said she was delighted to report that all chapters were received. She said the staff is now moving into melding different styles of writing to a common document. CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject not on the Commission's agenda for this evening. No one came forward to speak. Frederick County Planning Commission Page 2659 Minutes of July 21, 2010 PUBLIC HEARING 49 Conditional Use Permit 904 -10 for Shenandoah Mobile Company/ Timber Ridge Ministries for a 95 -foot monopole telecommunications tower at 2835 Front Royal Pike. This property, zoned RA (Rural Areas), is located off of Route 522 South (Front Royal Pike) at WTRM Radio Station. The property is further identified with P.I.N. 76 -A -54 in the Shawnee Magisterial District. Action — Recommended Approval with Conditions Zoning and Subdivision Administrator, Mark R. Cheran, reported that the Frederick County Zoning Ordinance allows commercial telecommunication facilities in the RA (Rural Areas) Zoning District with an approved conditional use permit (CUP). Mr. Cheran noted there were no properties of significant historical value or any historical sites adjacent to this proposed use. He said the proposed telecommunications facility will be located on property on the eastern side of Front Royal Pike (Rt. 522) adjacent to the Tasker Woods Land Use Plan. The Comprehensive Policy Plan identifies this area of the county for development of business/ industrial and residential land uses. Mr. Cheran stated that the Frederick County Zoning Ordinance requires an applicant to provide confirmation that an attempt was made to collocate on an existing telecommunications facility and possible co- location structures. He said the applicant has provided an inventory of existing facilities and possible co- location structures and has produced adequate documentation that those existing facilities were unsuitable for the proposed use. Mr. Cheran next read a list of recommended conditions, should the Commission find this use to be appropriate. Mr. Lynn Koerner, Consultant for Shenandoah Mobile Company, came forward as the is representative for this application. Mr. Koerner also introduced Mr. Leonard Grise, Sight Acquisition Manager for Shentel, and Anthony S. Peralta, RE Engineer. Mr. Koerner said the tower is designed to provide coverage in the area along Route 522 and will provide capacity to the existing and upcoming residential areas in the northeast part of Stephens City. He said the service will benefit the establishments near Route 522 and Tasker Road, including Home Depot Distribution Center, Comcast, the offices on Marcel Drive, and the area around Armel Elementary School. In addition, he said the proposed site addresses the communication needs of the high traffic count roads in the area, as well as the residential and business developments. He further noted that the proposed site is located in an area where they have received complaints of degraded service and lack or loss of signal. Mr. Koerner said they have supplied an inventory of existing telecommunications facilities in the area and found them to be either unsuitable or they were already located on those facilities. Mr. Koerner added that the site had been fully evaluated by the agencies in accordance with the National Environmental Protection Act and the Virginia Department of Historical Resources and those agencies have determined there were no adverse affects on any eligible or National Register properties. Chairman Wilmot opened the public hearing and called for any citizen who wished to speak concerning this CUP. The following persons came forward to speak: Mr. John Burleson, an adjoining property owner to the north, expressed various concerns, including health concerns resulting from microwaves coming off the tower, possible negative effects on surrounding property values, and concerns regarding the possibility of the tower interfering with household communications such as television and cell phones. Frederick County Planning Commission Page 2660 Minutes of July 21, 2010 -5- Mr. Wayne Hottel, an adjoining property owner to the east, was concerned because some • of the surrounding neighbors had not received any notification regarding the proposed tower. Mr. Houle said a 95 -foot tower will affect more neighbors than just the immediate adjoining properties and he thought more residences should have been informed. Referring to the applicant's presentation regarding customers' complaints of dropped calls, Mr. Hottle said he hasn't experienced dropped calls or insufficient service. No other citizen wished to speak and Chairman Wilmot closed the public comment portion of the hearing. Mr. Lynn Grise, Site Acquisition Manager for Shentel, came forward to respond to some of the citizen comments. Regarding health issues, Mr. Grise said this is an FCC - licensed facility and they are well within the health standards placed on this facility. He said if the neighbors experience any interference with communications, Shentel will be required to fix the problem under FCC regulations. Mr. Grise added this is a widely -used frequency, currently used throughout the City, and there is no anticipated impact. Commissioner Crocker asked the applicant about AWL (Aircraft Warning Lights) on the tower. He understood that Winchester Regional Airport only requires lighting for towers exceeding 150 feet; however, he was concerned about the hospital's medivac helicopter. Commissioner Crocker believed it would be beneficial to have some modest AWL for safety, in the event a medivac helicopter needed to land in the vicinity of the tower. Other Commissioners agreed. Commissioner Oates raised a concern about the lights impacting the surrounding neighbors, particularly because the tower was only 95 feet in height. Commissioner Oates preferred to • leave the lighting decision up to the airport. There ensued some discussion between the staff and Commissioners on the lighting issue and directing the lighting upward, away from adjoining residences, so it would not cause a nuisance. Mr. Cheran stated that the county code does cover tower lighting and this could be addressed at the site plan stage. Other Commissioners believed the lighting decision should be left up to the airport. Mr. Grise suggested that Shentel could easily light this tower with dual mode lighting according to the FAA Standards, if directed to do so by the Planning Commission; and if the County decides in the future they do not want the lighting because of citizen complaints, Shentel could simply turn off the lighting. Mr. Grise said the Planning Commission would need to mandate the lighting and also request it be turned off, if that was the desire. Chairman Wilmot directed that if the Commission was favorable to Mr. Grise's suggestion, that the Commission include the requirement for lighting as a condition of the CUP. Commissioner Ambrogi made a motion to approve CUP #04 -10 of Shenandoah Mobile Company with the conditions set forth by the staff and with an additional condition that the tower be equipped with a beacon -type device. This motion was seconded by Commissioner Thomas. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #04 -10 for Shenandoah Mobile Company/ Timber Ridge Ministries for a 95 -foot monopole telecommunications tower at 2835 Front Royal Pike with the following conditions: i s Frederick County Planning Commission Page 2661 Minutes of July 21, 2010 • 1. All review agency comments and requirements 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 owner within 12 months of abandonment of operation. 5. In the even a telecommunications tower is not erected within 12 months of the approval of this conditional use permit (CUP), the CUP will be deemed invalid. 6. Aircraft Warning Lights (AWL) shall be placed on the tower. (Note: Commissioners Mohn, Lemieux, and Madagan were absent from the meeting.) Conditional Use Permit #05-10 for AT &T Corporation/ Melissa Helsley -Hall and Wesley Helsley and Bradley Pollack, submitted by Greenway Engineering, for a 120 -foot lattice telecommuni- cations tower. The properties, zoned RP (Residential Performance), are located on the east side of • Martinsburg Pike (Rt. 11 North), approximately '/a mile northeast of Interstate 81, Exit 317. The properties are further identified with P.I.N. 43 -A -130 and 43 -A -132 in the Stonewall Magisterial District. Action — Recommended Approval with Conditions Zoning and Subdivision Administrator, Mark R. Cheran, reported that this applicant had previously applied for a conditional use permit (CUP) for a 120 -foot monopole telecommunications facility on these properties, but was denied by the Board of Supervisors at their meeting on May 13, 2009. Mr. Cheran said the denial was based on the location of the facility within the Developmentally Sensitive Area (DSA) of the Northeast Land Use Plan (NELUP) and the surrounding historical sites. He said since that time, the Board of Supervisors updated the NELUP component of the Comprehensive Policy Plan and modified the DSA in this area of the NELUP; this occurred at the Board meeting on June 9, 2010. Mr. Cheran said the properties that are subject to the proposed CUP have been removed from the DSA. Mr. Cheran continued, stating that this new CUP is for a 120 -foot lattice -type commercial telecommunications facility on the same properties previously identified. Mr. Cheran said the proposed location is still within the NELUP as indicated in the Comprehensive Policy Plan. One of the primary objectives of the NELUP is for the development of industrial and commercial uses along the Route 11 North Corridor. He said these properties are located within the SWSA (Sewer and Water Service Area), but are located outside the UDA (Urban Development Area). Mr. Cheran noted that commercial telecommunications facilities in the RP (Residential Performance) Zoning District are allowed with a • Frederick County Planning Commission Page 2662 Minutes of July 21, 2010 -7- CUP. However, commercial telecommunications facilities may be subject to additional performance • standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. Mr. Cheran stated these performance standards are to ensure that scenic areas and properties of significant historic values are not negatively impacted. In addition to these performance standards, the zoning ordinance requires that all proposed telecommunication facilities shall be of monopole -type construction. He said the Planning Commission may allow a lattice -type tower, provided that the tower is located outside the UDA and not adjacent to identified historic sites. Mr. Cheran reported that the Frederick County Historic Resources Advisory Board (HRAB) reviewed this application and had several concerns. He said the HRAB was most concerned with the visual impact of this proposed facility on the core battlefield area of the Second Battle of Winchester and the study area of Third Winchester. The HRAB also expressed a preference for a monopole facility with limited microwave dish mountings. Mr. Cheran stated that Planning Commission approval is needed for a lattice -type facility. Mr. Cheran read a list of recommended conditions, should the Commission find this request to be appropriate. Mr. Ty Lawson came forward on behalf of the applicants. Mr. Lawson spoke of several events that have occurred since the Planning Commission first considered this application over a year ago. He said the DSA line was moved, the Graystone property was rezoned, and Route 37 was realigned. He said the proposed location for this tower will be just inside the realignment for Route 37. Mr. Lawson noted that during the previous consideration of this tower, there was a misunderstanding about where the UDA line was located and consequently, a request for a lattice structure was not made. Mr. Lawson • stated that with this new application, the proposed tower location is clearly outside of the UDA and the applicant is now eligible for that waiver. Mr. Lawson pointed out that the only negative comments the applicant has received are of a visual nature. Mr. Lawson said a typical monopole is greater than six feet at the base; whereas, the lattice tower was less visually intrusive because one can see through it. Chairman Wilmot opened the public hearing and called for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Unger referred to the PowerPoint photograph depicting a tower with several dishes attached. Commissioner Unger asked why the tower had to be so much taller than where the dishes were located on the tower. Commission members questioned if the applicant had intentions of placing additional dishes towards the top of the tower. Mr. Robert (Bob) Erickson, AT &T representative, said the dishes are set at the height they currently need to be. He said the tower height allows for some flexibility in case the dishes need to be moved up in the event an obstruction blocks the point -to -point communication between the tower and the mountain. Mr. Lawson added that any modification of the tower would require the applicant to go back through the CUP process, which could become a challenge. Furthermore, he said the tower must be available for collocation. Frederick County Planning Commission Page 2663 Minutes of July 21, 2010 Commissioner Crockett asked the applicant about AWL (Aircraft Warning Lights) on the • tower. He understood that Winchester Regional Airport only requires lighting for towers exceeding 150 feet; however, he was concerned about the hospital's medivac helicopter. Commissioner Crocket believed it would be beneficial to have some modest AWL for safety, in the event a medivac helicopter needed to land in the vicinity of the tower. Other Commissioners agreed. Mr. Lawson stated that since the only negative comments the applicants received about the tower were of a visual nature, he was concerned the lights would draw attention to the tower. However, he said the applicant would comply with whatever the Planning Commission desired. Commission opinions varied on whether the lattice tower or the monopole was less visually obtrusive than the other. Commissioners asked for additional specificity on the diameter of the monopole at its base and the cross section of the lattice tower at the base. Commissioner Thomas believed the tower should be lighted due to its proximity to the Route 37 expansion. He said if there is a concern about emergency medivac helicopters on Route 522 South, this location has much more potential for accidents between I -81, Route 37, and Route 11. He believed the tower should be lighted at 120 feet for safety. In addition, considering the massiveness of a monopole tower versus the area of the lattice tower, he said the issue is a 100- square -foot base versus less than a 40 square -foot base; so the area of the base will be less than 40% with a monopole tower than a lattice tower. Commissioner Thomas believed the visual obviousness of the monopole tower will be less than the lattice tower; he said a monopole tower doesn't jump out in the viewscape as quickly as a lattice tower. He said he was in favor of the tower; he was not in favor of the lattice tower. • Commissioner Oates said that when this came before the Commission last year, there was a waiver request for the lattice tower; however, it was passed as a monopole. Commissioner Oates said he agreed with that decision and preferred to see a monopole. Commissioner Oates made a motion not to waive the monopole requirement. This motion was seconded by Commissioner Thomas and unanimously passed. Commissioner Oates made a motion to recommend approval of CUP #05 -10 with the conditions as recommended by the staff, plus the addition of Condition 48, The tower shall be lighted and if neighbors object to the lighting, the CUP shall be brought back before the Commission; Condition #9, The tower shall be a monopole -type construction; and, Condition 410, The tower shall be limited to two microwave dishes, which will not interfere with Condition #2, the number of service providers. This motion was seconded by Commissioner Kriz and unanimously passed. Chairman Wilmot conferred with the applicant's representative about the additional conditions and the applicant was in agreement with those conditions. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #05 -10 for AT &T Corporation/ Melissa Helsley -Hall and Wesley Helsley and Bradley Pollack, submitted by Greenway Engineering, for a 120 -foot monopole telecommunications tower with the following conditions: Frederick County Planning Commission Page 2664 Minutes of July 21, 2010 I. All review agency comments and requirements shall be complied with at all times. r 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. Prior to site plan approval, properties must be consolidated. 5. The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. 6. 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. 7. Any expansion or modification of this use will require a new conditional use permit. 8. Aircraft Warning Lights (AWL) shall be placed on the tower. 9. The tower shall be a monopole -type construction. 10. The tower shall be limited to two microwave dishes, which shall not interfere with Condition 42, the number of service providers. • (Note: Commissioners Mohn, Lemieux, and Madagan were absent from the meeting.) OTHER CANCELLATION OF THE AUGUST 4, 2010 PLANNING COMMISSION MEETING Chairman Wilmot announced the cancellation of the Planning Commission's August 4, 2010 meeting. There were no applications pending or other items for consideration or discussion. is Frederick County Planning Commission Page 2665 Minutes of July 21, 2010 -10- • ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 7:55 p.m. by a unanimous vote. Respectfully submitted, �une M. Wilmot, Chairman Eric R. Lawrence, Secretary u • Frederick County Planning Commission Page 2666 Minutes of July 21, 2010