HomeMy WebLinkAboutPC_12-05-01_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 December 5, 2001.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/
Opequon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Richard C.
Ours, Opequon District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A.
Morris, Shawnee District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; William C.
Rosenberry, Shawnee District; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel.
STAFF PRESENT: Eric R. Lawrence, Deputy Planning Director; Rebecca Ragsdale, Planner I; Jeremy
Camp, Planner II; Mark R. Cheran, Planner I; and Renee' S. Arlotta, Clerk.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
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WILLIAM C. ROSENBERRY- NEWLYAPPOINTED SHAWNEE DISTRICT REPRESENTATIVE
TO THE PLANNING COMMISSION
Chairman DeHaven welcomed Mr. William C. Rosenberry as the newly appointed Shawnee
District representative on the Planning Commission.
COMMITTEE REPORTS
Historic Resources Advisory Board (HRAB) - 11/20/01 Mtg.
Commissioner Morris reported that the HRAB discussed a potential rezoning for APAC and
L.F. Franklin & Sons, which is on the Planning Commission's agenda for this evening.
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Sanitation Authority (SA) - 11/20/01 Mtg.
• Commissioner Fisher said the SA's Executive Director, Mr. Wellington Jones, reported that
the month of October was the fourth driest month in recorded history and the current rainfall deficit was 12.14
inches. In addition, Mr. Fisher reported that the SA's consultant on the Clearbrook transmission main, Mr.
Charles Maddox of G. W. Clifford & Associates, Inc., made a presentation on the transmission main in
conjunction with the VDOT Rest Area Water and Sewer Project regarding the potential for saving construction
costs. Mr. Fisher said that a motion was made and passed to authorize G. W. Clifford & Associates, Inc. to
proceed with design of the water transmission main from Clearbrook to the Stonewall Industrial Park, subject
to the approval of the contract with VDOT with the design of the water and sewer extension to the I -81 Rest
Area and sewer line to Clearbrook.
PUBLIC HEARINGS
Conditional Use Permit Application #18 -01 for the Cross Junction Tower, submitted by Shared Towers,
for a 195- foot -high lattice tower telecommunications facility. This property, zoned RA, is located at the
corner of Collinsville Road and Cross Junction Road, approximately 290 feet from North, Frederick Pike
(Rt. 522N) and is identified with P.I.N. 18 -A -38 in the Gainesboro District.
Action - Recommended Approval with Conditions
Planner Mark. Cheran said the applicant proposes to construct a 195 -foot lattice-type
® telecommunications tower designed to accommodate commercial telecommunication carriers and to be located
on a. 96.41 -acre site cast of North Frederick Pike (Rt. 522N). Planner Cheran said there were no adverse
comments from any of the reviewing agencies. He said that staff believes this application has adequately
addressed the requirements of the County Zoning Ordinance in that a need for this facility, based on a lack of
coverage and capacity in this part of the County, has been demonstrated.
Planner Cheran continued, stating that the applicant is requesting a reduction of the setbacks
and has proposed to locate the facility approximately 35 feet from the property line boundaries in order to
provide increased flexibility for placement of the facility. He said the applicant is also requesting the ability
to utilize lattice-type construction material because this new facility is located outside of the Urban
Development Area (UDA) and is not in close proximity to identified historic areas. Planner Cheran stated that
the Planning,Staff believed that a reduction of the setback requirements, as well as allowance for a lattice-type
tower, may be appropriate in this case. He next read a list of recommended conditions, should the Commission
choose to recommend approval of the Conditional Use Permit.
Commissioner Thomas inquired why the staff believed the setback reduction to 35' was
appropriate. Deputy Planning Director Lawrence replied that the adjoining property is owned by the same
property owner on which the tower is proposed.
Commissioner Light inquired if there were any existing towers in the North Frederick Pike (Rt.
522N) area. Mr. Mark Smith of Greenway Engineering, representing Shared Towers (Spectrum Resources,
Inc.), the applicant, replied that the nearest tower is the CFW tower, which is near the City ofNain. Mr. Smith
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said that the analysis study conducted by his client indicated there were considerable "dead spots" proceeding
north on Rt. 522.
Commissioner Morris inquired if service providers for the towers have already been
designated. Mr. Smith said Shared Towers will allow multiple users to locate on the towers. In regards to the
35' setback, Commissioner Morris inquired if the tower's guide -wires would encroach into the 35' setback.
Mr. Smith replied that the lattice towers do not have guide- wires.
Commissioners asked the applicant's representative why they were requesting the lattice tower
instead of a monopole. Mr. Smith said this is not in a high - visibility location, the lattice construction is less
expensive, and small aircraft visibility is better with the lattice towers.
speak:
Chairman DeHaven called for public comments and the following persons came forward to
Mr. Dave Stewart, an attorney with the law firm of McGuire Woods, was present on behalf
of Triton, PCS, one of the licensed wireless service providers in Frederick County. Mr. Stewart said that as
far,as they are aware, they are the only service provider with current plans to extend out the Rt: 522 corridor.
Mr. Stewart requested that the Commission recommend denial of this application and/or defer it until they have
submitted their own applications for alternative sites. He said that their applications should be submitted
within the next week in order to be heard at the Commission's January public hearing. Mr. Stewart stated that
Shared Towers had asked Triton, PCS if they would be interested in locating on the proposed towers, however,
after his client conducted studies, it was determined there would be serious gaps along Rt. 522 if the Hunting
Ridge and the Cross Junction sites were used with Triton's system.
41 Mr. Stewart believed that a tower should not be constructed until a service provider has a need
for a tower in a specific location and that is not the case here. He believed there was not a commitment from
a particular. licensed carrier for the proposed towers. Mr. Stewart said that the County's ordinance does not
require this, however, it doesn't preclude the Commission from considering it as a factor in whether or not this
is an appropriate site for a telecommunications facility. He said that if this is not the location that provides the
best service, it may very well not be an appropriate approval.
Mr. Mickey Mahoney, an RF (radio frequency) Engineer with Wireless Facilities, Inc., and
Mr.�Dale Finocchi, a deployment manager with SunCom, also spoke in behalf of Triton, PCS explaining the
studies they.conducted.to determine the best tower location sites for the service Triton, PCS provides.
Mr. Jcarldcan D. Collins, adjoining property owner at 198 Chestnut Grove Road, was opposed
to the proposed setback reduction for the location of the tower. Deputy`Director Lawrence pointed out that
the Collins' property is greater than 220' from the proposed tower, according to the applicant's submitted
package.
.. , .. . Mr. Mark Smith returned to the podium and introduced Mr. Kamal Doshi, the owner of Shared
Towers (Spectrum Resources, Inc.). Mr. Smith assured the Commission that the data submitted with their
application is good, credible data, provided by RF engineers from Arlington with 40+ years of experience, and
he also elaborated on Mr. Doshi's past experience in the tower industry.
Mr. Kamal Doshi stated that as a businessman, the only way he can make a profit is by
designing towers for multiple users; economically, if a tower is empty or only has one tenant, the project has
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failed. Mr. Doshi explained that he has met with representatives of Triton and his engineers believed there was
an inexpensive technical solution that Triton could use to meet their particular needs. Mr. Doshi proceeded
to explain the solution proposed by his engineers; he also stated that as a result of Triton's difficulties and to
accommodate Triton's concerns, he has a proposal for an additional tower; however, it is not yet ready because
of pending agency comments. Mr. Doshi said that Shared Towers would like Triton to be one of their
customers and they are trying to solve their issues through his engineers and additional sites. Mr. Doshi
believed, however, that the sites as initially proposed are appropriately placed.
Discussion ensued among the Commission members regarding whether it was more
appropriate for the service provider or the tower provider to determine the most appropriate tower locations.
Some commissioners were not in favor of tower speculators; they believed that it would necessitate service
providers coming in with "fill -in" tower requests. Other commissioners were of the opinion that this particular
service provider's coverage requirements would not necessarily be duplicated by another service provider.
Commissioner Thomas made a motion, which was seconded by Commissioner Light, to
approve Conditional Use Permit # 18 -01 with the waivers requested and with conditions as recommended by
the staff. This motion failed, however, by the following vote:
YES,(TO APPROVE CUP 918 -01) Fisher, Kriz, Thomas, Light, Unger
NO: Rosenberry, Triplett, Ours, DeHaven, Morris, Watt
Because the motion failed, Chairman DeHaven called for a new motion.
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Commissioner Morris made a motion, which was seconded by Commissioner Triplett, to deny
Conditional Use Permit # 18 -01. This motion also failed, by the following vote:
YES (TO DENY CUP #18 -01) Morris, Ours, Triplett,
NO: Watt, Unger, Light, Thomas, Kriz, Fisher, Rosenberry, DeHaven
Because this motion failed, Chairman DeHaven called for a new motion.
Commissioner Thomas resubmitted the motion recommending approval of Conditional Use
Permit # 18 -01 with the waivers requested and with conditions as recommended by the staff. This motion was
seconded by-Commissioner Light and passed by the following vote:
YES (TO APPROVE CUP #18 -01)
NO: Watt, Morris, Triplett, DeHaven
ABSTAIN Ours, Rosenberry
Unger, Light, Thomas, Kriz, Fisher,
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® BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of
Conditional Use Permit Application #18-01 of the Cross Junction Tower, submitted by Spectrum Resources,
Inc. (Shared Towers) for a 195' telecommunications tower with two requested waivers, a reduced setback of
35' from the property line and the ability to utilize lattice -type construction, and with the following conditions:
All zoning ordinance requirements and review agency comments shall be addressed and complied with
at all times.
2. The tower will have space available free of charge for Frederick County emergency communications
(see letter dated November 15, 2001).
The tower shall be available for co- locating personal wireless services providers.
4. A minor site plan shall be approved by the County.
The tower shall be removed by the applicant or property owner within twelve (12) months of
abandonment of operation.
Conditional Use Permit Application #19 -01 for the Hunting Ridge Tower, submitted by Shared Towers,
for a 195- foot -high monopole telecommunications facility. This property, zoned RA, is located at 329
® Hunting Ridge Road and is identified with P.I.N. 30 -A -114 in the Gainesboro District.
Action - Reconunended Approval with Conditions
Planner Mark Cheran said the applicant proposes to construct a 195 -foot monopole
telecommunications tower designed to accommodate commercial telecommunication carriers and to be located
on a 12 -acre site at 329 Hunting Ridge Road. Planner Cheran said there were no adverse comments from any
of the reviewing agencies. He said that staff believes this application has adequately addressed the
requirements of the County Zoning Ordinance in that a need for this facility, based on a lack of coverage and
capacity in this part of the County, has been demonstrated.
Planner Cheran continued, stating that the proposed facility is approximately 2,000' from the
road right -of -way, 264' and 263', respectively, from side property lines, and 223' from the rear property line.
He next read a list of recommended conditions, should the Commission choose to recommend approval of the
Conditional Use Permit.
Mr. Mark Smith of Greenway Engineering, who was representing the applicant, Shared
Towers (Spectrum Resources, Inc.),.stated that the application has been prepared in conformance with
ordinance requirements and all the reviewing agency comments have been addressed.
Commission members had questions on the locations of existing and proposed towers.
Chairman DeHaven called for public comments and the following person came forward to
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speak:
Mr. Dave Stewart, an attorney with the law firm of McGuire Woods, was present on behalf
of Triton, PCS, one of the licensed wireless service providers in Frederick County. Mr. Stewart stated that
they are opposed to the approval of the Hunting Ridge Tower, along with the previous application for the Cross
Junction Tower, for the same reasons previously stated.
Mr. Dan Shank, one of the property owners of the Reynolds Store site, pointed out that no
towers will be built unless a carrier is solicited for that tower.
Commissioner Light asked the applicant if he would like to request a tabling of this conditional
use permit in order to work out a mutual solution with representatives of Triton, PCS,
Mr. Kamal Doshi, the owner of Shared Towers (Spectrum Resources, Inc.) said that they
would consider moving their proposed tower locations only if the new location would work for other carriers
according to his engineers. Mr. Doshi said that he can not be in the business of being a one -carver tower
provider. He stated that his engineers are confident that the primary carriers, who use two to three different
technologies, can use the three towers they are proposing. Mr. Doshi said that they would like the Planning
Commission to consider this application as proposed.
Mr. Mark Smith of Greenway Engineering,.representing Mr. Doshi, stated they have worked
several months getting this application together, obtaining signed leases for the properties, conducting analysis
of coverage areas, conducting historic and wildlife reviews, and other reviews. Mr. Smith added that, unlike
Triton, PCS, they are proposing locations all the way to Reynolds Store in order to get complete coverage to
the West Virginia Line.
Upon motion made by Commissioner Unger and seconded by Commissioner Fisher,
BE IT RESOLVED, That the Frederick County Planning Commission, by a majority vote, does hereby
recommend approval of Conditional Use Permit Application #19-01 for the Hunting Ridge Tower, submitted
by Spectrum Resources, Inc. for a 195 -foot -high monopole telecommunications facility with the following
conditions:
1. , All zoning ordinance requirements and review agency comments shall be addressed and complied with
at all times.
2. The tower will have space available free of charge for Frederick County emergency communications
(see letter dated November 15, 2001).
3. The tower shall be available for co- locating personal wireless services providers.
4. A minor site plan shall be approved by the County.
5. The tower shall be removed by the applicant or property owner within twelve (12) months of
abandonment of operation.
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• This vote on this application was as follows:
YES (TO APPROVE CUP #19 -01) Rosenberry, Fisher, Kriz, Thomas, DeHaven, Light, Unger
NO: Watt, Morris, Ours, Triplett
Conditional Use Permit Application #20 -01 for the Reynold's Store Tower, submitted by Shared Towers,
for a 195' high lattice tower telecommunications facility. This property is located at 8526 North
Frederick Pike and is identified with P.I.N. 11 -A -39 in the Gainesboro Magisterial District.
Action - Recommended Approval with Conditions
Planner Mark R. Cheran stated that the applicant proposes to build a 195' lattice -type
telecommunication facility designed to accommodate commercial telecommunication carriers. He said the
proposed facility will be located on a 105 -acre site located on North Frederick Pike (Rt. 522N). Planner
Cheran said there were no adverse comments from any of the reviewing agencies. He said that staff believes
this application has adequately addressed the requirements of the County Zoning Ordinance in that a need for
this facility, based on a lack of coverage and capacity in this part of the County, has been demonstrated.
® Planner Cheran continued, stating that the applicant is requesting the ability to utilize lattice -
type construction material because this new facility is located outside of the Urban Development Area (UDA)
and is not in close proximity to identified historic areas. He said that the setbacks will be approximately 271'
from the road right -of -way, 463' from the side property line, and 1,000' from the rear property line. He next
read a list of recommended conditions, should the Commission choose to recommend approval of the
Conditional Use Permit.
Mr. Mark Smith ofGreenway Engineering, representing Shared Towers (Spectrum Resources,
Inc.), the applicant, requested the approval of the conditional use permit application with an additional
condition. Mr. Smith said that, at the request of a local airport, they have agreed to add a strobe light onto the
tower.
. Chairman DeHaven called for public comments, however, no one came forward to speak.
No issues or questions were raised by the Commission.
Upon motion made by Commissioner Kriz and seconded by Commissioner Light,
BE IT RESOLVED, That the Frederick County Planning Commission, by a majority vote, does hereby
recommend approval of Conditional Use Permit #20 -01 of the Reynold's Store Tower, submitted by Spectrum
Resources, Inc. (Shared Towers) for a 195' telecommunications tower with a requested waiver, the ability to
utilize lattice -type construction, and with the following conditions:
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1. All zoning ordinance requirements and review agency comments shall be addressed and complied with
® at all times.
2. The tower will have space available free of charge for Frederick County emergency communications
(see letter dated November 15, 2001).
3. The tower shall be available for co- locating personal wireless services providers.
4. A minor site plan shall be approved by the County.
5. The tower shall be removed by the applicant or property owner within twelve (12) months of
abandonment of operation.
6. A strobe light will be permitted to be placed on top of the tower, at the request of a local airport.
The vote on this application was as follows:
YES (TO APPROVE CUP #20 -01) Watt, Rosenberry, Fisher, Kriz, Thomas, DeHaven, Light, Unger
NO: Morris, Ours, Triplett
Conditional Use Permit Application #21 -01 of Mary Fansler to operate a daycare facility. This property
is located at 852 Butler Avenue and is identified with P.I.N. 54M- 1 -2 -25 in the Stonewall Magisterial
District.
Action - Recommended Approval with Conditions
Planner Rebecca Ragsdale stated that the daycare facility is to be conducted within the
principal structure. She said the surrounding properties consist of residential uses; the nearest residence is
located 25' from the principal structure. Planner Ragsdale reported that the backyard area where children
would play is fenced; the residence is served by public sewer and water; and there were no disapproving review
agency comments.. She added that the applicant is not presently licensed by the Commonwealth of Virginia
Department of Social Services as a family day home, but has started the application process.
Ms. Mary Fansler was available for questions from the Commission.
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Chairman DeHaven called for public comments and the following person came forward to
Ms. Sue Teal, representing her mother, Evangeline Teal, an adjoining property owner at 129
Old Dominion Drive, said their major concern is safety. Ms. Teal had questions regarding the size of the
fenced -in area where the children will play; how many care - givers will be employed and how many children
will they be responsible for; and the security of the area. Ms. Teal said the maintenance easement is a ditch
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and it is hazardous.
® Planner Ragsdale commented that the concerns raised by Ms. Teal will be addressed by the
Department of Social Services Regional Licensing Office during a site visit before conveying a license.
Commissioner Light commented that the staff conclusions refers to ten children, however, Ms.
Fansler's application states eight. Planner Ragsdale said the number ten was used to be consistent with other
approved day care conditional use permits and to give the applicant some flexibility, should she desire to
expand in the future.
No other issues were raised by the Commission. The Commission believed the use would be
appropriate with the conditions recommended by the staff.
Upon motion made by Commissioner Light and seconded by Commissioner Kriz,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit Application #21 -01 of Mary Fansler to operate a daycare facility at 852
Butler Avenue with the following conditions:
The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services
and the County of Frederick.
2. The number of non - resident children allowed at this daycare facility shall total no more than ten.
® 3 '', No business sign shall be permitted.
4. All review agency comments shall be complied with at all times.
Rezoning Application #10 -01 of Jordan Springs, submitted by Triad Engineering, Inc., to rezone 10 acres
from RA (Rural Areas) to B2 (Business General).,with the HA (Historic Area) Overlay Zone. This
property is located at 1160 Jordan Springs Road and is identified with P.I.N. 44 -A -294 in the Stonewall
Magisterial District.
Action - Recommended Approval with Revised Proffers
Deputy Planning Director, Eric R. Lawrence, read the background information and review
agency comments. Deputy. Director Lawrence explained that the current use of the property is for the County
Court Reporters, which is an office use, and is currently operating under a conditional use permit. He said
the rezoning is being sought as a means to further solidify the office use, while making an effort to preserve
the historic characteristics of the property. He pointed out that while the CUP applied to the entire parcel, the
rezoning request only applies to a 10.33 -acre portion of the larger parent tract.
Deputy Director Lawrence continued, stating that the parcels are located outside of the
County's Urban Development Area (UDA) and its Sewer and Water Service Area (SWSA) and is within the
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Second Battle of Winchester Study Area. He said the site contains historic structures and is eligible for historic
recognition at the local, state, and federal levels. He noted that the rezoning proposal is consistent with the
historic preservation policies in the Comprehensive Policy Plan and the Statement of Intent in the Frederick
Count) Zoning Ordinance. Mr. Lawrence stated that the applicant could more appropriately respond to the
review agency comments and staff concerns by addressing the following issues: 1) establish a limit on the
number of, the location of, and the height of signs to be placed on the property; 2) improve the existing site
entrance to satisfy state entrance standards; 3) establish a limit on the number of entrances permitted onto
Jordan Springs Road (Rt. 664); and, 4) establish methods to mitigate the visual and safety concerns with the
lagoon, including landscaping and a fence enclosure.
Mr. Stephen M. Gyurisin with Triad Engineering, Inc., was representing the applicants,
County Court Reporters, Inc., the purchasers of the property, and Missionary Servants of the Most Holy
Trinity, the oµmers of the property.
Commission members voiced the same concerns that were raised by the staff. After discussing
these issues with the applicants' representative, the applicants' representative volunteered to modify the proffer
statement to establish a limit on the number, location and height of signs to be placed on the property; to limit
the.numberof entrances on the property to two and to,have those entrances meet VDOT entrance standards;
and to. address the lagoon safety issue by providing fencing, if it is agreeable with the. Department of
Environmental Quality (DEQ). The applicants' representative believed he could provide the,revised proffer
statement, with the owners' signatures and the County Attorney's review, prior to the Board of Supervisors'
public hearing scheduled for December 12, 2001. 1 .
Chairman DeHaven called for public comments, however, no one came forward to speak.
® Upon motion made by Commissioner Light and seconded by Commissioner Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning Application # 10 -01 of Jordan Springs, submitted by Triad Engineering, Inc. to rezone
10 acres located at 1160 Jordan.Springs Road from RA (Rural Areas) to B2 (Business General) with the HA
(Historic Area) Overlay Zone with the understanding that the applicants will modify the proffer statement to
establish a limit on the number „location, and height.of signs to be.placed on the property; to limit the number
of entrances on the property to two and to have those entrances meet VDOT entrance standards; and to address
the lagoon safety issue by providing fencing, if it is agreeable with the Department of Environmental Quality
(DEQ). I
Rezoning Application 911 -01 of APAC - Virginia, Inc. and L. F. Franklin & Sons, Inc., submitted by G.
W. Clifford & Associates, Inc. to rezone 7.45 acres from RA (Rural Areas) to B3 (Industrial Transition).
This property is located at the northeast quadrant of the intersection of Rt. 11 and Rt. 664 near
Stephenson and is identified with P.I.N. 44 -A -89 and 44 -A -89A in the Stonewall Magisterial District.
Action - Recommended Approval with Revised Proffer
Commissioner Unger stated that he would abstain from all discussion and voting on this item
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due to a possible conflict of interest.
Deputy Planning Director Eric R. Lawrence stated that this site has been utilized for a
construction company, specifically, L. F. Franklin Construction Company, for at least 25 years and this same
business was recently sold to APAC, which continues to operate here under the APAC name. He said that
APAC intends to expand the existing office building and this expansion necessitates a rezoning as the existing
facility is non - conforming. He stated that the 7.45 -acre site is located within the County's Sewer and Water
Service Area (SWSA); it is within the portion of the Northeast Land Use Plan which recommends future
commercial land use; it is within the Third Battle of Winchester study area; and it is within the Stephenson
Rural Community Center. He added that the applicant's proffer statement includes the prohibition of various
uses, the submission of a general development plan indicating the location of proposed site improvements, and
a monetary contribution for fire, rescue, and sheriff services.
Deputy Director Lawrence pointed out that further development of commercial uses at this
location will have an impact on an existing residential land use and adjacent agricultural land, and the applicant
should consider the establishment of additional landscape screening and height limitations in an effort to
mitigate the visual impacts. He next identified several issues, based on the comments received from the
various, reviewing agencies, which involved impacts to the transportation system, water and sewer service,
historic resources, and adjoining properties. He said that the applicant could address the review agency
comments and be in compliance with the Northeast Land Use Plan.by addressing the following issues: 1)
Establish height limits for structures erected on.the site; 2) Improve site entrance conditions by
limiting a single entrance for each of the state -road frontages; 3). Provide appropriate road
improvements and upgrade entrances; 4) Establish�an evergreen landscape screening along Route 1 I
to provide year -round screening of the construction equipment, parking, and storage; this landscaping
would supplement the buffer and screening requirements; 5) Establish maximum sign heightsand
square: footage that would be appropriate for the Rural Community Center; and 6) Establish
appropriate drainage areas per the County Engineer.
Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc. introduced himself
and Mr. James A. Burrow with APAC, the property owner. Mr. Maddox said they were willing to
revise the proffer statement before it was forwarded to the Board of Supervisors and this revision
would include: 1) restriction of building heights'to no greater than 24' along Stephenson Road (Rt.
664), the road leading into the Stephenson community; however, they preferred not to limit the
structure heights to 24' over the entire 133 area; 2) provision of screening along Stephenson Road (Rt.
664), in addition to the buffers required by the site plan and B3 requirements of the ordinance; and
the retention of the natural screening along the north side of Martinsburg Pike (Rt. 11) and around the
perimeter of the site; 3) restriction of sign height and size 4) provision of a single entrance on
Stephenson Road and Martinsburg Pike; and 5) the exclusion of truck stop uses.
There were no. public comments.
The Commission believed all of their concerns were addressed by the applicant's
proposed revised proffer.
Upon motion made by Commissioner Light and seconded by Commissioner Kriz,
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
® recommend approval of Rezoning Application #11-01 of APAC -Virginia, Inc. and L. F. Franklin & Sons,
Inc., submitted by G. W. Clifford & Associates, Inc. to rezone 7.45 acres from RA (Rural Areas) to B3
(Industrial Transition) with the understanding that the applicant has voluntarily revised the proffer statement
to include: 1) restriction of building heights to no greater than 24' along Stephenson Road (Rt. 664),
however, it would not limit structure heights to 24' over the entire B3 area; 2) provision of screening
along Stephenson Road (Rt. 664), in addition to the buffers required by the site plan and B3
requirements of the ordinance; and the retention of the natural screening along the north side of
Martinsburg Pike (Rt. 11) and the perimeter of the site; 3) restriction of sign height and size; 4)
provision of single entrance on Stephenson Road and Martinsburg Pike; and 5) the exclusion of truck
stop uses.
(Note: Commissioner Unger abstained from voting.)
PUBLIC MEETING
Waiver Request to Full Screen Requirement for Powell's Plumbing, submitted by Greenway
Engineering. This property is located at 152 Windy Hill Lane, zoned B3, and is identified by
P.I.N. 64 -A -4G in the Shawnee Magisterial District.
• Action - Recommended Approval
Planner 11, Jeremy F. Camp, said that the staff has received a request from Mr. Mark
Smith of Greenway Engineering, acting on behalf of Powell's Plumbing, for a waiver to the
requirements of Section 165- 37B(2) of the Frederick County Zoning Ordinance. Planner Camp
explained that this section specifies that a full screen should include a ten -foot landscaped easement
and a six - foot -high opaque hedge, fence, wall, mound or berm. Planner Camp said that Powell's
Plumbing would like for the Planning Commission to consider approving a waiver to allow just a ten -
foot landscape screen where a full screen is required by the ordinance. He said the applicant is of the
opinion that the fence would have little to no effect because of the natural topography of the location.
Planner Camp continued, stating that after a site inspection, the staff confirmed that
the topography of the site does serve as a natural screen, but only for a part of the required distance.
He agreed that from the parking lot island, just left of the entrance, to the beginning of the cul -de -sac,
a fence would have little effect because of the elevation difference. He said that the remaining portion
of the required screen, which is located from the beginning of the cul -de -sac to I -81, is at a similar
elevation to the adjoining property zoned B2, and, therefore, there is no basis for the requested waiver
along this section of the screen.
Mr. Mark Smith of Greenway Engineering was present to represent the property owner,
Mr. John Powell of Powell's Plumbing, and himself as an adjoining property owner. Mr. Smith
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concurred that fencing does not serve its intended purpose due to elevation differences and requested
® that the fence be waived for its entire length. Mr. Smith explained that the area that runs perpendicular
to I -81 is where Powell's Plumbing and Greenway Engineering has a shared stormwater management
pond; also, from the edge of the stormwater management pond, up about ten feet, Greenway
Engineering has future plans to construct additional buildings. Mr. Smith stated that as an adjoining
property owner of additional land along I -81, described as Windy Hill, L.L. C, he did not care to have
the six -foot fence installed and has provided a letter to that affect.
Chairman DeHaven commented that the required screen did not seem to interfere with
the stormwater management pond. Chairman DeHaven was interested in maintaining the ten -foot
landscape easement.
Upon motion made by Commissioner Morris and seconded by Commissioner Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve a waiver of the full screen requirement (fence) along the entire southern property line at 152
Windy Hill Lane for Powell's Plumbing. The ten -foot landscape easement would still be required.
DISCUSSION ITEM
® Discussion of proposed amendments to the Frederick County Zoning Ordinance regarding
loading area requirements.
No Action Required
Planner 11, Jeremy F. Camp, presented draft amendments to the Zoning Ordinance
regarding loading area requirements, as requested by the Planning Commission and the Development
Review and Regulations Subcommittee (DRRS) at their work session on December 15,1999. Planner
Camp said the DRRS recommended approval of the text amendment at their meeting of September
27, 2001. He said the goals of the amendment are to provide flexibility to smaller industrial and
commercial users with minimal loading space activity. He added that the Industrial Parks Association
has participated in the discussions held during various DRRS meetings and supports the proposed
changes.
The Planning Commission was in support of the proposed amendment and
recommended that the staff forward it to the Board for discussion.
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® ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 10:00 p.m. by
unanimous vote.
Respectfully submitted,
Evan A. Wyati, Secretary
Charles S. DeHaven, Jr., Chairman
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