Loading...
PC_10-20-04_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 October 20, 2004. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Mane F. Straub, Red Bud District; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; John H. Light, Stonewall District; Cordell Watt, Back Creek District; Richard C. Ours, OpequonDistrict; William C. Rosenberry, Shawnce District; Charles E. Triplett, Gainesboro District; Gary Dove, Board of Supervisors' Liaison; and Lawrence R- Ambrogi, Legal Counsel. STAFF PRESENT: Eric R- Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R, Cheran, Zoning Administrator; David Beniamino, Planner; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of September 15, 2004 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) — 10 /11 /04 Mtg. Commissioner Light reported that the CPPS had further discussion on UDA expansion at the Solenburger Bridgeforth tract on Cedar Creek Grade. He said the CPPS also reviewed their direction on the Rural Areas Study. Commission Light added that the public comment sessions for the Rural Areas Study are scheduled to begin the last week of October. • ----- -- - - -- -- Fredrick County Planning Corission Page 1398 Minutes of October 20, 2004 -2- • PUBLIC HEARING Conditional Use Permit 914 -04 of Cingular Wireless /Shenandoah University for a telecommunications facility at 1122 Ralph Shockey Drive. This property, zoned HE (Higher Education) District, is identified with P.I.N. 64 -A -110 in the Shawnee Magisterial District Action — Recommended Approval with Conditions Commissioner Ours said that he would abstain from all discussion and voting on this conditional use permit, due to a possible conflict of interest. Zoning Administrator, Mark R. Cheran, reported no adverse comments from any of the reviewing agencies for this application. He stated that the proposed commercial telecommunications facility will be located in conjunction with a light pole at Shenandoah University's Shentel Stadium. Zoning Administrator Cheran stated that the applicant has provided an inventory of existing telecommunication facilities in the area and staff would concur that there are no existing facilities or appropriate structures available for collocation in this general area. He explained that the applicant intends to construct a 125 -foot monopole -type telecommunications facility on a 22 -acre site. Zoning Administrator Cheran read a list of recommended conditions, should the Commission find the use to be appropriate. Commissioner Morris inquired if recommended Condition 47, which limited lighting on the tower to 55 feet, would exclude any strobe or red lights required at the top of the tower. Administrator Cheran IS . replied that the 55 feet refers to football field lighting which the applicant plans to replace. Commissioner Morris also inquired if the proposed tower location was within the IA (Interstate Area Overlay) District. Administrator Cheran replied that the location was not within the IA District. Commissioner Rosenberry asked if the staff was confident that lighting, or other concerns possibly raised by adjoining neighbors, could be addressed through the site plan. Administrator Cheran replied that football lighting cannot be any higher than what already exists; he added that the zoning ordinance addresses safety lighting on telecommunications towers and strobe lights must be shielded from ground view. Mr. Karl Nelson, representing Cingular Wireless, addressed the two separate lighting issues. Mr. Nelson said that football lighting will be used in exactly the same way it is presently used. He said the FAA will determine from an airline safety perspective, if there needs to be lighting at the top of the facility; he explained that this lighting would come on at night and be visible to aircraft. Mr. Nelson said they have not yet received the FAA's determination on this matter. He said that a preliminary determination by his consultant indicates that no lighting will be required, but the FAA will have to make the final decision. Commissioner Moms asked the applicant about their study of other facilities to determine if collocation was available. Mr. Nelson replied that Cingular Wireless is not a tower company and is not in the business of building infrastructure. He said that it is cheaper and faster for his company to collocate on existing facilities. Mr. Nelson said that their engineers have determined, however, that there are no other existing facilities that will be able to meet their needs. Chairman DeHaven called for public comments, however, no one came forward to speak. • Fredrick County Planning Commission Page 1399 Minutes of October 20, 2004 -3- • Upon motion made by Commissioner Morris and seconded by Commissioner Kriz, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 414 -04 of Cingular Wireless/ Shenandoah University for a telecommunications facility at 1122 Ralph Shockey Drive with the following conditions: 1. All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for collocating personal wireless services 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 event a telecommunications tower is not erected within 12 months of the approval of this conditional use permit, this conditional use permit will be deemed to be invalid. 6. A certified Virginia engineer shall provide verification that the tower is designed and will be constructed in a manner that should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. ® 7. Lighting located on the tower shall not be higher than 55 feet. (Please note: Commissioner Ours abstained from voting.) Conditional Use Permit #23 -04 of Candy Hill Campground to expand their existing conditional use permit at 165 Ward Avenue. This property, zoned RA (Rural Areas) District, is identified with P.I.N.s 53 -A -86A and 53 -A -86B in the Back Creek Magisterial District. Action — Recommended Approval with Conditions Planner David Beniamino reported that this application is for a pavilion expansion inside a campground with a pre - existing conditional use permit (CUP 421 -79). Planner Beniamino stated that the pavilion expansion totals 1,480 square feet (37 X 40) and will include two handicap - accessible restrooms, one handicap - accessible shower room, a kitchen with cooking equipment for the purpose of catering meals or events associated with campground guests, and extra pavilion open space. He added that no additional changes will be made involving the number of guests allowed under the original conditional use permit and no new campground pad sites will be added. Planner Beniamino next read a list of recommended conditions, should the Commission find the use to be appropriate. 0 Fredrick County Planning Commission Page 1400 Minutes of October 20, 2004 A member of the Commission inquired if this expansion would bring the applicant into compliance with the ADA (Americans with Disabilities Act) and Planner Beniamino replied that the approved site plan would bring the applicant into compliance. A member of the Commission asked about the outside appearance of the. proposed structure because a drawing was not included with the application. Mr. Karl Littman, representing the Candy Hill Campground, assured the Commission that the building would be in keeping with the color and style of the other buildings on site. Mr. Littman said that Candy Hill Campground is striving to improve the campground to make it upscale and professional; for example, he pointed out that the majority of the campground's interior roads are paved. He said they have received many positive comments about the campground from their guests; he said guests have also enjoyed touring the Winchester and Frederick County area. Mr. Littman added that the Winchester - Frederick County area has a lot to offer; he said that Candy Hill Campground is proud to be a member of the community and would like to support the businesses in the area. Commission members asked Mr. Littman if he was comfortable with the conditions of the permit recommended by the staff. Mr. Littman was comfortable with the conditions; however, he said that frequently, they have been asked by residents of the community if their group might be able to use the campground facilities for a meeting or they have been asked if a child's birthday party could be held at the campground. Mr. Littman said that it would be nice to be able to accommodate this type of request at the campground. Chairman DeHaven called for public comments and the following citizens came forward to speak in favor of granting this conditional use permit: • Pastor Phil Roby, the Director of the Shenandoah Valley Gospel Sing Camp, stated that for the past eight years, his group has met at Candy Hill Campground for their annual camp meeting. Pastor Roby said they have approximately 300 -400 guests, many from out of town. He explained that the new restrooms proposed as part of this conditional use permit will be areal help to them at their annual meeting because they usually have to bring in Johnny Blues. He said that many of the people who attend are senior adults and the handicap - accessible restrooms will make a big difference. He was very much in favor of this conditional use permit being approved. Mr. Dennis Bucher; the former owner of the Tortuga Restaurant, spoke favorably about the Littman and their operation of the campground. Mr. Bucher said that he did a considerable amount of work with the Littmans while the Tortuga Restaurant was open. He said the Littmans have done a fantastic job with the campground and have increased the business. Mr. Bucher was in favor of granting the conditional use permit. Commission members agreed that Candy Hill Campground was an asset to the community. They could not foresee any problems with the campground providing outside use of their pavilion. Commission members believed there was a need for this type of facility in the community and it was their opinion that it would only enhance tourism in the area. The Planning Staff suggested that they work with the applicant on the minor site plan to address parking requirements for outside use of the pavilion. The subject of off -site catering was also raised by some members of the Commission and they commented that they had no problems with the applicant providing this service, if he desired to do so. Other members of the Commissioners had concerns about removing recommended Condition #3 (No off -site catering • will be allowed in conjunction with this conditional use permit) because of the issues associated with it; they Fredrick County Planning Commission Page 1401 Minutes of October 20, 2004 -5- believed this was a substantial change to the concept of the conditional use permit and would require an additional review by the Health Department. Chairman DeHaven consulted with the Commission's legal counsel for a determination on whether re- advertisement would be required if recommended conditions 42 and #3 were removed Mr. Lawrence Ambrogi, legal counsel, stated that he did not believe it was a substantial enough change to warrant re- advertisement. A motion was made by Commissioner Unger to strike recommended Condition 42 (Pavilion shall be used only in conjunction with campground activities and by campground guests) and to keep the remainder of the conditions recommended by the staff for approval of this conditional use permit. This motion was seconded by Commissioner Straub. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 423 -04 of Candy Hill Campground for a pavilion expansion inside a campground with a pre - existing conditional use permit (CUP 421 -79) at 165 Ward Avenue with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No off -site catering will be allowed in conjunction with this conditional use permit. 3. A minor site plan will be submitted to show proposed improvements and must conform to agency comments; the minor site plan shall be approved by the County prior to any construction activity. • 4. All conditions of Conditional Use Permit #21 -79 shall continue to remain in effect. Please see attached conditions. 5. Any further expansion will require a new conditional use permit. Request of Roy and Loretta McDonald to remove a ten -acre portion of their property from the South Frederick Agricultural and Forestal District. This property is located on Hites Road (Rt. 625) and is identified with P.I.N. 84 -A -47B in the Back Creek Magisterial District. Action — Recommended Approval Planner David Beniamino stated that the staff has received a request from Roy and Loretta McDonald to remove a ten -acre portion their property from the South Frederick Agricultural and Forestal District. Planner Beniamino said that the McDonalds have indicated that these ten acres will be used to create two single - family residential lots. He said the McDonalds have expressed a need to sell a portion of their land for residential uses in order to continue farming the remainder of their property. Planner Beniamino reported that the Code of Virginia provides property owners with the ability to request removal of land from an agricultural and forestal district through a public process via the local governing body. n U Fredrick County Planning Commission Page 1402 Minutes of October 20, 2004 Planner Beniamino reported that the Agricultural District Advisory Committee (ADAC) • considered this request during their meeting of June 3, 2004, and unanimously recommended approval of the property owners' request. He added that Mrs. Loretta McDonald was present, if there were any questions from the Commission. Chairman DeHaven called for public comment; however, no one came forward to speak. Upon motion made by Commissioner Light and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request by Roy and Loretta McDonald to remove a ten -acre portion of Parcel 84- A -47B, located on Hites Road (Rt. 625) from the South Frederick Agricultural and Forestal District. DISCUSSION DISCUSSION OF THE FREDERICK COUNTY ZONING ORDINANCE, SECTION 165 -50, CONCERNING RADIO AND TELEVISION TOWERS IN THE RA (RURAL AREAS) DISTRICT. Zoning Administrator, Mark R Cheran, reported that the Development Review and Regulations Subcommittee (DRRS) discussed removing the by -right use for radio and television towers in the RA (Rural Areas) Zoning District at their meeting of September 23, 2004. Administrator Cheran stated that the Frederick County Zoning Ordinance currently allows radio and television towers in the RA Zoning District as a by -right is use, but also enables commercial telecommunication towers by a conditional use permit. He said that the staff is recommending the removal of sub - section "P" from Section 165 -50 Permitted Uses, which would result in towers only being allowed with a conditional use permit. During their discussion of the proposed change, Commission members believed the ordinance should differentiate between commercial facilities and those structures used by ham radio operators and/or individual reception antennas. Commissioners who were members of the DRRS stated that the DRRS's discussion was based on continuity; they believed that if a commercial tower is regulated, then so should a private tower because both looked the same and the safety issues were the same. They believed that regardless if the tower was regulated or not, the setback from the property line should be equal to the height of the tower in order to acquire a building permit. Commission members also inquired whether the staff had an opportunity to have the Fire and Rescue Department comment. They stated that every fire department in the County has to have a tower and some of those towers can not meet the clearance of the height restrictions. Administrator Cheran replied that those particular fire departments would probably be exempt. Director Lawrence added that many times, the frequencies of the antennas being constructed are causing problems for the emergency services in the County. Director Lawrence stated that by requiring a conditional use permit, towers could not be erected without the Fire and Rescue Department participating in the exercise. 0 Fredrick County Planning Commission Page 1403 Minutes of October 20, 2004 -7— Commission members also believed it may be prudent to communicate the proposed changes specifically to both the amateur radio people and the commercial television and radio community to get their feedback on this issue. OTHER SCHEDULE OF RURAL AREAS STUDY PUBLIC COMMENT SESSIONS Planning Director, Eric R. Lawrence, read the list of dates for the upcoming Rural Areas Study Public Comment Sessions as follows: Tuesday, October 26, Armel Elementary School Thursday, October 28 Middletown Elementary School Tuesday, November 9, Stonewall Elementary School Monday, November 15, Frederick County Middle School Tuesday, November 16, Indian Hollow Elementary School • ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 8:00 p.m. Respectfully submitted, S. DeHaven, Jr., Chairman R. Lawrence, Secretary • J Fredrick County Planning Commission Page 1404 Minutes of October 20, 2004