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PC_02-20-02_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 February 20, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gaunesboro 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; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Sidney A. Reyes, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: William C. Rosenberry, Shawnec District STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Abbe Kennedy, Senior Planner; Jeremy F. Camp, Planner II; Rebecca Ragsdale, Planner I; and Renee' S. Arlotta, Clerk. is CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - JANUARY 2, 2002 AND JANUARY 16, 2002 Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the minutes of January 2, 2002 were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of January 16, 2002 were unanimously approved as presented. 0 Frederick County Planning Commission Minutes of February 20, 2002 Page 8 10 -2- • COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 02/11/02 Mtg. Commissioner Light reported that the CPPS discussed a proposed ordinance amendment that would allow schools in B2 Zoning Districts. Historic Resources Advisory Board (HRAB) - 02/19/02 Mtg. Commissioner Morris reported that the HRAB reviewed the proposed McTiernan rezoning, consisting of 159 acres on Rt. 7 East, of which a portion of the property lies within the core battlefield of Third Winchester as identified by the National Park Service. Commissioner Morris said that this property is not in an area of preservation according to the County's Comprehensive Policy Plan. He said the committee voted on a split vote to support and recommend to the Planning Commission and the Board of Supervisors that the property not be rezoned. Economic Development Commission - 02/02 Mtg. • Commissioner Thomas reported that the EDC discussed new mission and visions statements for the Economic Development Commission. He said that the EDC is undergoing changes with personnel and philosophies. Sanitation Authority (SA) - 02/19/02 Mtg. Commissioner Fisher said the Engineer/Director, Mr. Wellington Jones, reported the following information: the County is currently in a 16.5 -inch deficit of rainfall; nornial flow at the Shenandoah River in Strasburg at this time of year is in the 500 -700 cubic feet per second range and yesterday it was measured at 70 cubic feet per second; a study of the extension of water and sewer service north from Clearbrook to the Rest Church area was recommended; denial of consideration of exploratory drilling of wells on the McCann property was recommended; and the SA's five -year plan was presented. • Frederick County Planning Commission Minutes of February 20, 2002 Page 811 3- Winchester City Planning Commission fWPQ Winchester City Liaison, Mr. Vincent DiBenedetto, reported that based on police reports, the WPC denied a conditional use permit for a nightclub and, consequently, will be revisiting some of the previously- approved nightclubs for compliance issues. He reported that the WPC will be having a mini - retreat this weekend to discuss a number of issues, including the possibility of joint efforts with Frederick County, on projects such as corridor appearance standards. Mr. DiBenedetto said the possibility of converting the parking lot in front of the judicial center into a courthouse green was also discussed. CITIZEN COMMENTS Mr. Al Hayes, resident of Gainesboro District, brought the Commission's attention to a change in the State Code, which occurred in 2000, which allows for advertisement of legal notices to be placed on web sites. Mr. Hayes believed this was a good idea and he suggested that the Planning Commission request the Planning Staff consider this for the County's web page. Chairman DeHaven said the Conunission whole - heartedly supports the concept and, although it seems slow, the County is working towards the goal of having a great deal of the information available to the general public. Planning Director Evan A. Wyatt commented that the County Administrator's Office is �= currently spear- heading an effort and is using a resource volunteer from Shenandoah University who is working with the County towards consistent web page design. He said that the Parks & Recreations' web site has been completed and the next departments slated are Planning and Development and the GIS Department. Director Wyatt agreed that the legal advertisements, as well as the agendas, were goals for placement on the web. PUBLIC HEARINGS Conditional Use Permit 404 -02 of Rose M. Lauck for a Cottage Occupation to operate a piano school. This property, zoned RP, is located at 303 Tanager Drive and is identified with P.I.N. 75E -3 -2 -154 in the Shawnee Magisterial District. Action - Reconunended Approval with Conditions Planner Rebecca Ragsdale read the background information and review agency comments. She said the proposed piano school would take place in the applicant's home and the applicant would like to teach up to 25 students per week. Planner Ragsdale said there were no disapproving agency review comments. She next read a list of recommended conditions, should the Commission find the use appropriate. Mrs. Rose M. Lauck, the applicant and property owner, was available for questions. Frederick County Planning Commission Minutes of February 20, 2002 Page 812 �s • Chairman DeHaven asked Mrs. Lauck if she was comfortable with the conditions as stated and Mrs. Lauck replied that she was. There were no public conuncnts regarding this use. The Planning Commission raised no issues of concern regarding the use and believed the conditional use permit was appropriate at this location. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 904 -02 of Rose M. Lauck for a Cottage Occupation to operate a piano school at 303 Tanager Drive with the following conditions: All review agency comments shall be complied with at all times. 2. No business sign shall be permitted. Any change of use or expansion of this use will require a new Conditional Use Permit. Revision of Conditional Use Permit #18 -01 for the Cross Junction Tower, submitted by Shared ® Towers, Inc., for a height increase from theapproved 195-foot lattice -type telecommunications facility to 260 feet. This property is located at the corner of Collinsville Road and Cross Junction Road, approximately 290 feet from Northwestern Pike (Rt. 522N), and is identified with P.I.N. 18 -A -38 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions & Waivers Deputy Planning Director Eric R. Lawrence explained that this is a revised request to a tower the Commission reviewed, and recommended approval of, at their December 5, 2001; he said the Board subsequently granted approval of the tower on January 23, 2002. Deputy Director Lawrence reported that as a result of discussions at the Planning Commission level, the Board of Supervisors level, and between the two tower companies who were simultaneously submitting conditional use permits (CUPS) fortowers, the applicant worked with his RF (radio frequency) engineer and determined that increasing the height on the tower from 195 feet to 260 feet would better serve the Summit community and portions of the Rt. 522 Corridor. He said that as a result of these discussions, the applicant has come back to request a revision to the CUP to allow for the additional height. Deputy Director Lawrence said that a result of increasing the height, the setback issue is brought to the table again. Deputy Lawrence said that the applicant is placing the tower in the middle of the three parcels they own, essentially, minimizing the setbacks against their own properties and maximizing the setbacks against adjoiners' properties. He said that the applicant is requesting to continue the waiver for u Frederick County Planning Commission Minutes of February 20, 2002 Page 813 -5- allowance of the lattice tower instead of the monopole tower; the applicant has provided a letter certified by ® the Tower Manufacturers Professional Engineer indicating the tower can be built with a safety stress point to reduce its fall zone. Commissioner Morris asked for verification that Triton/SunCom is in agreement that the additional height of the tower will now meet their requirements for serving the Summit community. Deputy Director Lawrence said there is still some debate over the Summit and the Rt. 522 corridor, however, everyone is in agreement that increasing the tower height will serve the Suntinit community much better than the previous height. Commissioner Light inquired if the setback requirements regarding the easement were written within the CUP or the lease agreement, in case the property is ever sold. Mr. Kama] Doshi of Shared Towers, LLC, the applicant, replied that this issue is taken care of legally through a recorded lease agreement between Shared Towers and the landowner. Commission members had some discussion of the need to specify exactly that the tower height will be 260 feet with a six -foot lightening rod on top. It was noted that the FAA (Federal Aviation Administration) requires the tower to be equipped with a strobe light. Mr. Doshi explained that he strives to choose a tower location that contains woodlands and other buildings so that the base of the tower is less visible and less prominent from the road. He said that these locations are not as prominent as his RF engineer would like, but they are more palatable to the community. Mr. Doshi presented computer - generated pictures of lattice and monopole tower structures at the proposed locations, so the Commission members could visualize its appearance once it is constructed. Mr. Doshi explained that the tower /communications industry's theory is that the monopole and lattice towers have similar '® impact in a rural area, however, in an urban area, the monopole is preferred because the lines are straight and it fits better with artificial, man -made structures which all have straight lines and corners. He said that in the rural environment, however, the lattice structure is more suitable because the tower is not closely approached and is observed from a distance. He said that from a distance, the lattice structure is not as imposing because you can see sky through it. In response to another question, Mr. Doshi added that the communication industry also prefers to construct the lattice towers because of the cost and, more importantly, their flexibility for future uses. Commissioner Straub inquired if Frederick County could be held liable if the tower would collapse. The Planning Commission's legal attorney, Mr. Jay Cook, replied no. Recalling a previous meeting, in which SunCom/Triton stated that the Shared Towers' facility would not meet their needs and they intended to submit their own tower application, Commissioner Ours asked if there was still the potential for two towers to be placed in relatively close proximity. Mr. Doshi stated that meetings were arranged by County officials between him and representatives of SunCom/Triton to discuss the possibilities for them to utilize his tower. Mr. Doshi said that SunCom/Triton is aware of the request for the increased height and he would like for them to be his customer. Mr. Doshi went on to explain the situation as he knew it. In response to a question of whether or not Shared Towers' original facility request for this area would have adequately served the Sununit, Mr. Doshi replied that his main objective was good coverage of the Rt. 522 Corridor from the Winchester City line to the West Virginia line. He explained that the majority 0'_ Frederick County Planning Commission Minutes of February 20, 2002 Page 814 -6- of cell phone usage is still on the road, in automobiles, and not in homes or by pedestrians. He said that if a • neighborhood community becomes important to serve and good service is sought, then a taller tower would be required, especially in the case of the Summit because of all the dips and hills and the lake. Mr. Doshi said that residents from the Summit community came before the Board and requested that good service be provided to their community. Commission members discussed with Mr. Doshi the contents of the certified letter indicating that the tower will be built with safety stress points to reduce the fall zone to within the landlord's properties and specifications regarding the wind load design. It was noted that the tower height increase would require additional setback waivers. speak: Chairman DeHaven called for public continents and the following person came forward to Mrs. Collins, an adjoining property owner, had the following questions and concerns: the distance from the tower to her property line; concerns about the possibility of the tower collapsing; and the affect on the viewshed from her property and for the Cross Junction community as a whole. The Planning Commission believed the increased height of the tower was appropriate in light of the increased service area capability and usability by other service providers Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the revision to Conditional Use Permit 918 -01 for the Cross Junction Tower, to be located at the corner of Collinsville Road and Cross Junction Road, submitted by Shared Towers, Inc., for a height increase from the approved 195 -foot lattice -type telecommunications tower to 260 feet with a six -foot lightening rod placed at the top, with the requested setback waivers, 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 shall be available for co- locating personal wireless services providers. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid. Frederick County Planning Commission Minutes of February 20, 2002 Page 815 -7- • The vote on this recommendation was as follows: YES (TO APPROVE) Watt, Unger, Morris, Light, Thomas, Ours, Kriz, Fisher, Triplett, DeHaven ABSTAIN Straub, Gochenour Conditional Use Permit #05 -02 for the Hunting Ridge Tower, submitted by Shared Towers, Inc., for a 195- foot -high lattice -type telecommunications facility. This property is located at 329 Hunting Ridge Road and is identified with Property Identification Number 30 -A -98C in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions & Waivers Deputy Planning Director Eric R. Lawrence read the background information and review agency comments. Deputy Director Lawrence explained that what is sought here is the relocation of a tower that was approved by the Board for the Hunting Ridge area (CUP 419-01) and, again, it is being requested in order to work with the SunCom/I'riton service providers to eliminate the possibility of additional towers. He said that the relocation of the tower approximately 1,000 feet south of the previously- approved location will satisfy SunCom/Triton's needs to cut through the ridge line. Deputy Director Lawrence advised that if CUP #05 -02 is approved, SunCom/Triton has indicated that they will use this site. He added that the applicant has requested the approval of a lattice tower, instead of the previously- approved monopole tower, and a waiver for the reduction of the setbacks against the property owners' internal parcel boundary line. He further added that the setback against the adjoining property owner has been met. There next ensued some discussion between the Commissioners and the applicant regarding fall zones for the proposed towers. Commission members were happy to see that by moving the location of the previously- approved tower or by raising the height of a tower, that the potential for an additional tower in this same area had been eliminated. Upon motion made by Conunissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #05 -02 for the Hunting Ridge Tower, to be located at 329 Hunting Ridge Road, submitted by Shared Towers, Inc., for a 195- foot -high lattice -type telecommunications facility with a waiver of the setbacks for the internal parcel boundary line and with the following conditions: 1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. The tower shall be available for collocating personal wireless service providers. A minor site plan shall be approved by the County. Frederick County Planning Commission Minutes of February 20, 2002 Page 816 4. The tower shall be removed by the applicant or property owner within twelve (12) months • of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid. 6. Issuance of CUP #05 -02 shall make the Conditional Use Permit (CUP #19 -01) previously issued for an adjoining property (same property owner) invalid. Expansion of the Sewer and Water Service Area (SWSA) to incorporate approximately 199 acres of property located south of Fairfax Pike (Rt. 277), in the vicinity of Hudson Hollow Road (Rt. 636) and Sherando Park, in the Opequon Magisterial District. Action - Recommended Approval Deputy Director Eric R. Lawrence stated that during the Board of Supervisors' January 23, 2002 meeting, the staff presented four alternatives in response to the Board's request for consideration of the expansion of the Sewer and Water Service Area (SWSA) in the vicinity of Hudson Hollow Road (Rt. 636). He said that as a result of this discussion, the Board selected Alternative 44 as the choice for the SWSA and, accordingly, the staff has scheduled this public hearing in an effort to process a formal SWSA amendment. Deputy Director Lawrence and Director Evan Wyatt gave some background information and history for the benefit of the new members on the Commission. Deputy Director Lawrence reported that in 1994, when the Fulton received approval to extend sewer to their property, the Board of Supervisors' action required the Fultons to provide an easement, so that the residents along Hudson Hollow Road with failing septic systems could access the line, and it required the Fultons to provide a line with the capacity for the residents to tap in. He said that in 2001, it was decided that the official SWSA maps should indicate that these properties were within the SWSA boundaries to guarantee sewer and water availability, policy -wise, for the residents to utilize public sewer and water, in the event they had the money and chose to do so. Director Wyatt believed the greatest benefit of inclusion in the SWSA was that it entitled properties within it to be legally served by sewer and water. He explained that through the County's agreement with the Sanitation Authority (SA), the SA has the opportunity to plan for appropriate facilities and capacities to serve the area. He said that the practice of extending service outside of the SWSA has been one where smaller lines with limited capacities are provided, therefore, the benefit is to have an area within the SWSA which gives it the opportunity to be served correctly, which wouldn't be possible by individual property owners piece - milling it. Director Wyatt recalled that when he spoke with the Commission during their discussions of all four alternatives, he spoke in favor of Alternative # 1 because it took into account the frontage properties along Rt. 277, from Double Church Road to Sherando High School, and the majority of those properties are already zoned and will probably develop over time. He said that if that entire corridor from Double Church Road down to White Oak Road is going to be a developing corridor, it would make sense to include them into 0_. Frederick County Planning Commission Minutes of February 20, 2002 Page 817 -9 the SWSA and allow the Sanitation Authority to do the appropriate infrastructure planning to serve the area. There were no public comments. No other issues were raised by the Commission. The Commission believed the SWSA expansion was appropriate as presented utilizing Alternative 44, as preferred by the Board of Supervisors and recommended by the Comprehensive Plans and Programs Subcommittee. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the expansion of the Sewer and Water Service Area (SWSA) to incorporate approximately 199 acres of property located south of Fairfax Pike (Rt. 277), in the vicinity of Hudson Hollow Road (Rt. 636) and Sherando Park, in the Opequon Magisterial District, and also referred to as Alternative 44 . Proposed Text Amendments to Section 165 -28, Loading Areas, and Section 165 -145, Definitions of the Frederick County Zoning Ordinance. These changes would allow greater flexibility to small businesses with minimal loading space activity. It would also clarify several ambiguities in the current language of the Zoning Ordinance. Action - Recommended Approval Planner Jeremy F. Camp reported that the Development Review and Regulations ®_ Subcommittee (DRRS) and the staff have drafted text amendments related to modifying the Zoning Ordinance as it relates to loading spaces. Planner Camp explained that the primary goal of the amendments is to provide flexibility to smaller industrial and commercial users with minimal loading space activity, in addition to clarifying several ambiguities within the existing text. He added that the Industrial Park Association has participated in the discussions held during various DRRS meetings and supports the proposed changes. Some Commissioners expressed concern that the proposed amendments may diminish the design standards previously developed. In addition, a concern was expressed for access by emergency services vehicles to motels, hotels, or restaurants, etc. The staff explained that the amendments were a reduction of standards, but only for the small businessman with only two or less loading areas; the business would have to meet the same standards as everyone else in the front of the building, but would be permitted to use the less stringent standards in the rear of the building. It was also pointed out that establishments such as fast food restaurants and hotels only have one or two loading spaces, so a reduction of standards could be realized in that scenario. Members of the DRRS commented that in that particular situation, the parking and public access would have to be separated from the loading area. Members of the DRRS believed this was a good compromise in order to help the small businessman with the financial burden. There were no public comments. 41)= Frederick County Planning Commission Minutes of February 20, 2002 Page 818 -10- The Planning Commission believed that the proposed amendments were a good is compromise between assisting small businesses with the financial costs associated with paving and upholding design standards that will reduce impacts on the surrounding area. 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 proposed text amendments to Section 165 -28, Loading Areas, and Section 165 -145, Definitions, of the Frederick County Zoning Ordinance to allow greater flexibility to small businesses with minimal loading space activity and to clarify ambiguities in the current language. OTHER Work Session Scheduled Regarding Water Issues Planning Director Evan A. Wyatt spoke with the Commission about an available opportunity to hold a work session at the Commission's second meeting in March concerning water - related issues with the Sanitation Authority's Director, Mr. H. Wellington Jones. Commission members were unanimously in favor of the work session, however, they • believed that questions needed to be developed beforehand, so that Mr. Jones has the opportunity to respond to specific questions'. It was suggested that all questions be turned in to Director Wyatt by the evening of March 6, as the informal cut -off. Procedural Issues Chairman DeHaven said the Planning Commission's Bylaws require adherence to Robert's Rules of Order and it has been brought to his attention that Robert's Rules of Order does not permit discussion after a motion to table. Since he had permitted discussion in the past, Chairman DeHaven requested an opinion from the Commission's legal counsel and the other Commissioners as to whether the Commission should eliminate debate on items moved to be tabled, or to amend the Bylaws. The Commission's legal counsel, Mr. Jay Cook, believed that the Commission could choose either alternative. The members unanimously agreed that the Commission should strictly follow Robert's Rules of Order henceforth. Ll Frederick County Planning Commission Minutes of February 20, 2002 Page 819 •. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:45 p.m. by unanimous vote. Respectfully submitted, Evan A. Wydtt, SecretaU C-� 1� Lt 6w - '- Charles S. DeHavcn, Jr., Chairman 1 0 u Frederick County Planning Commission Minutes of February 20, 2002 Page 820