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PC_01-02-02_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 January 2, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall 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; Sidney A. Reyes, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairman/ Opequon District; William C. Rosenberry, Shawnee District; and Charles E. Triplett, Gainesboro District STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; 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. COMMITTEE APPOINTMENTS FOR 2002 Chairman DeHaven asked those persons who are currently serving on committees to continue to serve in their capacities until the Board of Supervisors appoints the two new Red Bud District commissioners. This arrangement was agreeable with the remainder of the Commission. ELECTION OF OFFICERS FOR 2002 Election of Charles S. DeHaven, Jr., Chairman The Chairman declared nominations open for Chairman. The nomination of Charles S. DeHaven, Jr., for Chairman was made by Commissioner Ours 11 Frederick County Planning Commission Minutes of January 2, 2002 Page 776 -2- and seconded by Commissioner Kriz. ® Motion was made by Commissioner Ours, seconded by Commissioner Kriz, and unanimously passed to close nominations for Chairman. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Charles S. DeHaven, Jr., as Chairman of the Planning Commission for the Year of 2002. Election of Roger L. Thomas, Vice Chairman Chairman DeHaven declared nominations open for Vice Chairman. The nomination of Roger L. Thomas was made by Commissioner Ours and seconded by Commissioner Kriz. Motion was, made by Commissioner Morris, seconded by Commissioner Kriz, . and unanimously passed to close the nominations for Vice Chairman. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Roger L. Thomas as Vice Chairman of the Planning Commission for the Year of 2002. e Election of Evan A. Wyatt, Secretary Chairman DeHaven declared nominations open for Secretary. The nomination of Evan A. Wyatt was made by Commissioner Morris and seconded by Commissioner Light. Motion was made by Commissioner Kriz, seconded by Commissioner Fisher, and unanimously passed to close the nominations for Secretary. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Evan A. Wyatt as Secretary of the Planning Commission for the Year of 2002. Frederick County Planning Commission Minutes of January 2, 2002 Page 777 -3- 2002 Meetine Schedule Upon motion made by Commissioner Light and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission voted unanimously to havetheir regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. to be held in the Board of Supervisors meeting room; the Comprehensive Plans & Programs Subcommittee on the second Monday ofeach month at 7:30 p.m.; and the Development Review & Regulations Subcommittee on the fourth Thursday of each month at 7:30 p.m. REAPPOINTMENT TO ECONOMIC DEVELOPMENT COMMISSION Chairman DeHaven reappointed Commissioner Roger L. Thomas to serve as the Frederick County Planning Commission's representative to the Winchester- Frederick County Economic Development Commission for a two -year term. (February 1, 2002 through January 31, 2004) COMMITTEE REPORTS Winchester City Planning Commission Mr. DiBenedetto reported that the chairman of the Winchester City Planning Commission is retiring and in two weeks the Commission will be electing a new chairman. He also reported that the Commission recently revised their fee schedule. PUBLIC HEARINGS Conditional Use Permit Application #22 -01 for the White Tail Lane Tower, submitted by Shared Towers, LLC, for a 195- foot -high lattice tower telecommunications facility. This property, zoned RA, is located on White Tail Lane, off North Frederick Pike (Rt. 522N), and is identified with P.I.N. 19 -A -27 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 118.19 -acre site east 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 11 Frederick County Planning Commission Minutes of January 2, 2002 Page 778 -4- coverage and capacity in this part of the County, has been demonstrated. Planner Cheran continued, stating that the applicant has offered to provide space on this tower for Frederick County emergency communications free of charge per the applicant's letter, dated November 15, 2001. He next read a list of recommended conditions, should the Commission choose to recommend approval of the Conditional Use Permit. Commissioner Fisher recalled that at the Commission's December 5, 2001 meeting, the applicant presented a chart showing the coverage area for the three towers previously proposed. Commissioner Fisher asked why a fourth tower was now proposed when they had previously stated the area would be adequately covered with three towers. Mr. Mark Smith with Greenway Engineering, representing the applicant, Shared Towers, LLC, said this particular site was included because they were attempting to accommodate a service carrier, Triton, PCS, who was present at the Commission's December 5, 2001 meeting. He said there is a low area with steep banks at Little Isaac Creek in which this carrier's service cannot adequately cover. Mr. Smith added that the lattice -type tower is proposed because it is less expensive and is not located in a high- visibility area. Mr. Kamal Doshi of Shared Towers, LLC, the applicant, said the three tower sites originally proposed are adequate for other service providers with appropriate technology all the way out to the West Virginia line. Mr. Doshi said this additional site, however, will strengthen the entire system. . Chairman DeHaven inquired how close the proposed tower site was from the Timber Ridge airport. Mr. Doshi gave the approximate distance and location and stated that the tower would be marked and lighted at the airport's request. • Some ofthe Commission members believed that if service was not installed on the tower within 12 -18 months, then the CUP should be revoked. They believed this would discourage tower speculators from seeking towers without having a commitment from a service provider to use the tower. The Commissioners were seeking a way to control the number of towers that could be placed in a given area. It was pointed out that the code requirements do not specifically address tower providers and it was a concern of the Commission that towers could be constructed without a tenant or, in order to address the needs of multiple carriers, the County could end up having towers placed literally next door to each other. Another concern raised was the regularity of being asked to use the lattice -type construction. They believed that the monopole was less intrusive and that "less expensive" was not an acceptable reason for granting the use of a lattice tower. Commissioners believed it was their responsibility to minimize the impact this industry will have on the viewshed of Frederick County. Commission members believed that all of these issues needed to be discussed at the committee level. The Planning Staff pointed out that additional conditional use permit applications from a different applicant have been submitted to the Planning Department for this area and will be presented to the Commission for review at an upcoming meeting. Mr. Smith asked if he could make a point of clarification; he said that.the other applications that are coming in are by another tower provider, SBA, not a service carrier. Chairman DeHaven called for public continents, but no one came forward to speak. Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, Frederick County Planning Commission Minutes of January 2, 2002 Page 779 -5- BE IT RESOLVED, That the Frederick County Planning Commission, by a majority vote, does hereby recommend approval of Conditional Use Permit Application 422 -01 for the White Tail Lane Tower, submitted by Shared Towers, LLC for a 195- foot -high lattice -type 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 shall be available for co- locating personal wireless services providers. 3. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. 5. This conditional use permit will be revoked if it is not placed in service within 18 months of its approval. The vote on this application was as follows: YES (TO APPROVE CUP #22 -01) Fisher, Kriz, DeHaven, Light, Unger ® NO: Watt, Morris, Ours Proposed Amendment to Chapter 144, Subdivision Ordinance, Article IV, Subdivision Review Procedures, Section 144 -13C, Final Plat Approval. The proposed amendment is intended to provide consistency with Section 15.2- 2241(8) of the Code of Vireinia, 1950, as amended pertaining to plat recordation procedures. Action - Recommended Approval Planning Director Evan A. Wyatt stated that staff had met with the County Attorney's Office to review the current ordinance standards for plat recordation and discovered one inconsistency with a section of the Code of Vireinia He said the proposed amendment increases the time for plat approval from 30 days to six months and will bring our local ordinance into compliance with the State Code. There were no citizen comments. The Commission believed the amendment was appropriate. Upon motion made by Commissioner Light and seconded by Commissioner Ours, 0 Frederick County Planning Commission Minutes of January 2, 2002 Page 780 t� ® BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the amendment to Chapter 144, Subdivision Ordinance, Article IV, Subdivision Review Procedures, Section 144 -13C, Final Plat Approval, as presented. The proposed amendment is intended to provide consistency with Section 15.2 - 2241(8) of the Code of Virginia, 1950, as amended pertaining to plat recordation procedures. PUBLIC MEETING Request for a waiver to increase woodlands disturbance on the O'Sullivan tract in the Westview Business Center, submitted by Mr. Mark Smith of Greenway Engineering. This property is identified by P.I.N. 64- A -159H in the Shawnee Magisterial District. Action - Recommended Approval with Stipulation Deputy Planning Director Eric R. Lawrence stated that Mr. Mark Smith of Greenway Engineering has submitted a request for a woodlands disturbance waiver on behalf of the property owners of the O'Sullivan tract located in the Westview Business Center. Deputy Director Lawrence stated that the property is approximately 26 acres, zoned M 1 (Light Industrial) and B2 (Business General), and was previously master planned in 1987. He said the applicant is requesting permission to disturb up to 60 percent of the woodlands on this site in order to more fully develop the property for light industrial use. Deputy Director Lawrence continued, stating that the applicant has provided for the establishment of a buffer, or "perimeter tree save area," along the northern, eastern, and southern perimeter of the tract, essentially preserving the natural landscape while maintaining a buffer against the adjoining properties and the Rt. 50 right -0f - -way. He said this buffer would contain approximately 8.5 acres, protecting approximately 40 percent of the tract's woodlands. Mr. Mark Smith of Grecmvay Engineering, the representative for the owners of the O'Sullivan tract, stated that he will be submitting several other woodlands waivers to the Commission in the coming year; he said that any guidance or comments from the Commission would be helpful. Commissioner Morris commented that he was not unduly concerned about these kinds of woodlands disturbances, especially in light of the fact that replanting seems to be a viable method of replacing trees. . .. Commissioner Light was in favor of including tree canopy calculations on site plans, along with all the other necessary calculations, such as building square footage, parking lot areas, walkways, etc., showing the percentage of tree canopy on the site. Chairman DeHaven inquired if the applicant believed he could still accomplish the storm water management functions necessary in the ravine and if the line had already been installed within the existing sanitary easement. Mr. Smith was confident that the storm water management functions could be accomplished and he replied that the line had already been installed within the sanitary easement. E Frederick County Planning Commission Minutes of January 2, 2002 Page 781 7- Chairman DeHaven called for public comments, but no one came forward to speak. The Commission believed this woodlands waiver request was appropriate and forwarded a recommendation for approval to the Board of Supervisors with a stipulation that a plat containing metes and bounds is submitted to guarantee tree save areas on subsequent site plans. 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 the waiver request to increase woodlands disturbance on the O'Sullivan tract in the Westview Business Center with the stipulation that a survey description for the "perimeter tree save area" be required to ensure that subsequent site development plans do not encroach into this area. DISCUSSION ITEMS DISCUSSION OF THE PROPOSED 2002 -2003 CAPITAL IMPROVEMENTS PLAN Deputy Planning Director Eric R. Lawrence stated that the Comprehensive Plans and Programs Subcommittee (CPPS) met with county department representatives to discuss new project requests and project modification requests associated with the 2002 -2003 Capital Improvements Plan (CIP). He said that following discussion, the CPPS evaluated all the projects proposed for inclusion in the 2002 -2003 CIP and • established a prioritized list that was forwarded out of committee with a recommendation for approval. Deputy Planning Director Lawrence summarized the plan and the process for the Commission. Representatives from various county agencies and departments were present to answer questions from the Commission. Commissioner Unger inquired why a new fire station was needed on Rt. 277, considering the distance from Double Toll Gate. Mr. Gary DuBreler, Director of Fire and Rescue Services, stated that a number of years ago, five areas of Frederick County were identified in the Comprehensive Plan as needing increased services. He said that with the approval of the Shenandoah Subdivision, a projected service increase of approximately 4,500 elderly residents was estimated. Commissioner Unger said he understood the Shenandoah development was going to donate land for the construction of a fire station. Mr. DuBreler said that the Shenandoah developers were willing to donate land only at the entrance of their town center; he explained that serving surrounding County areas from this location was not feasible. Mr. DuBrueler said that if a location would have been provided on the Rt. 277 corridor, the Shenandoah development, as well as Stephens City and the Tasker Road/ Rt. 277 area, could be served. Mr. DuBrueler said the call volume from Tasker Road/Rt. 277 has drastically increased in the last year.because of the increase in construction of homes. There next ensued some discussion on why the Round Hill Volunteer Fire Station was included on the CIP as a relocation project. It was pointed out by Mr. DuBreller that although this project is being done completely with private funds, it needs to be on the CIP so that proffer money could be channeled to the volunteer company to assist with the construction. A couple of the Commissioners, who were members of the CPPS, believed it would be helpful for the county agencies and departments to supply the CPPS with technical data, either quantitative or 11 Frederick County Planning Commission Minutes of January 2, 2002 Page 782 8- statistical, in order to justify the need for acquisition of the project sought. They believed this would aid in prioritizing the various projects. No action was required by the Commission. The consensus of the Commission was that the CIP was ready to be advertised for public hearing. DISCUSSION OF A SEWER AND WATER SERVICE AREA (SWSA) EXPANSION SOUTH OF FAIRFAX PIKE (ROUTE 277) IN THE SHERANDO PARK AREA Deputy Planning Director Eric R. Lawrence stated that the Board of Supervisors directed the staff to develop options for the extension of the Sewer and Water Service Area (SWSA) south of Fairfax Pike (Rt. 277) in the Sherando Park area. He said that the extension is intended to enable existing residences, many of whom claim to have failing health sy to utilize the public water and sewer system. Deputy Director Lawrence stated that in recent months, the- Comprehensive Plans and Programs Subcommittee (CPPS) reviewed,:and.the Board of Supervisors has approved, an extension of the SWSA to enable the Pioneer Trailer Park, who made the request because of their failing lagoon system, to utilize the public sewer and water system. He said that a number of residential properties in the vicinity of the Pioneer facility have also expressed concern with the potential for failing health systems. Deputy Director Lawrence continued, stating that three alternatives for SWSA expansion were • presented by the staff to the CPPS. He said that the CPPS believed that none of the three alternatives presented by the staff were acceptable, however, the CPPS did recommend another alternative: to expand the SWSA to include Sherando High School, Sherando Park, Pioneer Trailer Park, residences on the cast side of Hudson Hollow Road, and the Fulton trucking property (Alternative 4). Deputy Director Lawrence presented all four alternatives to the Commission. The Commission and staff members discussed the alternatives presented. Commissioner Morris said he would be opposed to any alternative that would include the Double Church Road corridor because it would potentially cause development to encroach on the Double Church Road Agricultural and Forestal District. Planning Director Wyatt came forward to point out a few observations he had concerning Alternatives 1 and 4. Director Wyatt said the two plans are essentially the same, however, Alternative 1 does not include a section on the north side at the intersection of Fairfax Pike and White Oak Road. He said that the Rite Aid site is currently zoned B2 and the staff has an opinion from the County Attorney which states that the Capital Properties' site, which is approximately 20 acres in size and zoned 132, has the legal right to be served with public water and sewer because they granted the easement to allow water and sewer through their property to serve the Sherando High School. He believed it made sense to provide water and sewer along a minor arterial road system to serve commercial development. Director Wyatt believed this was a viable corridor because it had existing commercial zoning and some of the area was already served. Mr. Mark Smith of Greenway Engineering came forward and commented that he receives • Frederick County Planning Commission Minutes of January 2, 2002 Page 783 M many inquiries from commercial and residential developers for the area from White Oak to Dinosaur Land/ • Double Toll Cate, and up to Tasker. Mr. Smith said the County will soon need to look at this corridor for the next area of pro- active planning for fire stations, walking trails, parks and recreation areas, etc. After some discussion, the Planning Commission preferred Alternatives I and 4 and believed they would be completely acceptable to either alternative. Alternative 1 and 4 are described as follows: Alternative 1: Alternative 1 expands the SWSA by approximately 304 acres, and encompasses 42 properties. Of the 42 properties, 17 are currently serviced by public facilities. Staff estimates that 38 structures are located within the proposed extension area. A majority of the acreage included in Alternative 1 is county owned: Sherando High School and Sherando Park. The proposed expansion would include those properties fronting on Fairfax Pike and White Oak Road. Alternative 4: Alternative 4, recommended by the CPPS. Expands the SWSA by approximately 199 acres, and encompasses 15 properties. Of the 15 properties, 5 are currently served, or have been approved for service, by public facilities. A majority of the acreage included in Alternative 4 is county owned: Sherando High School and Sherando Park (approximately 170 acres). • No action was required by the Commission at this time. The staff said they would forward the Commission's preferred alternatives, for the reasons discussed, to the Board of Supervisors. OTHER PLANNING COMMISSION BYLAWS AMENDMENT Planning Director Evan A. Wyatt stated that staff had presented a proposed amendment to the Bylaws of the Planning Commission for discussion at the Commission's November 7, 2001 meeting. He said that staff advised the Commission that the County had adopted a Freedom of Information Act Policy which allowed for formal recorded minutes to be provided to the public in a draft form. He stated that this adopted policy created an inconsistency with the Conunission's Bylaws which stated that minutes will not be provided to the public until approved by the Planning Commission. Director Wyatt said that he has modified Section 8 -2 -1 accordingly and requested the Commission's approval of the change in order to be consistent with County policy. Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, L J Frederick County Planning Commission Minutes of January 2, 2002 Page 784 -10- • BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanim ously approve the revision to the Planning Commission Bylaws, Section 8 -2 -1, as follows: 8 -2 Minutes 8 -2 -1 The Commission shall keep minutes of each meeting. The Chairman and Secretary shall sign all minutes following approval by the Commission certifying that the minutes are true and correct. Minutes made available to the public prior to formal approval by the Commission shall be clearly identified as a draft version of the meeting. DISCUSSION OF PLANNING COMMISSION RETREAT Commission and staff discussed the Board of Supervisors' suggestion that the Planning Commission's 2002 Retreat be moved from February 2, 2002 to sometime in March, April, or May because the new Board members were scheduled to be swom in on January 9, 2002. It was pointed out that the supervisors may be better able to contribute once they've been through a couple Board meetings or have a retreat on their own beforehand. The majority of the Planning Commission members preferred the month of March, however, they believed some input from the Board would be helpful as to when the supervisors believed it would be best • to have the retreat, in order to be the most productive for everyone. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 9:05 p.m. by Respectfully submitted, L L "J Evan A. Wyatt, Secretary Charles S. DeHaven, Jr., Chairman 40 Frederick County Planning Commission Minutes of January 2, 2002 Page 785