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PC_02-05-97_Meeting_Minutes• MEETING MINUTES OF THE FREDERICK COUNTY PLANNING Held in the Board Room of the the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on February 5, 1997. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R, Marker, Vice- Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; Roger L. Thomas, Opequon District; Robert A. Morris, Shawnee District; S. Blaine Wilson, Shawnee District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison. and Jay Cook, Legal Counsel. ABSENT: Jimmie K. Ellington, Gainesboro District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; and Terry Stone, Gainesboro District. STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Director; Eric R. Lawrence, Planner II; Jeffrey C. Everett, Planner I; and Renee' S. Arlotta, Minutes Recorder. u CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES OF DECEMBER 4, 1996 Upon motion made by Mr. Marker and seconded by Mr. Routine, the minutes of December 4, 1996 were unanimously approved as presented. BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. 1 Frederick County Planning Commission Minutes of February 5, 1997 Page 11 -2- ® COMMITTEE REPORTS Transportation Committee - 2/4/97 Mtg. Mr. Thomas reported that the Transportation Committee addressed a request from a group of citizens from Route 629 for re- prioritization of the hard- surface road improvement plan. They proposed a methodology for prioritizing routes to be placed on the plan and the Transportation Committee is going to examine that over the next couple months. Economic Development Commission Mr. Romine reported that the Call Team discussed the issue of the shortage of skilled help in factories, for example, machinists, tool makers, die makers, etc. The Call Team has been in touch with the Lord Fairfax Community College and the school district. Sanitation Authority (FCSA) - 01/21/97 Mtg. • DeGrange p Mrs. Copenhaver reported that the FCSA adopted a resolution relating to the issue of the roperty obtaining water from the City of Winchester. Mrs. Copenhaver read the resolution which in part said, "...the Authority re-affirms its position that the location of the City's new water storage tank north of Route 50 and west of Winchester does not provide the City any right or approval to provide water and/or sewer service to any land in the County..." Mrs. Copenhaver said that Mr. Ned Cleland discussed an agreement between the City, the FCSA, and the Service Authority dealing with the increase in the capacity and cost sharing of the Opequon plant. Mrs. Copenhaver also reported that the Greenwood Volunteer Fire Company will be placing a communications antennae on top of the County's water storage tank. Winchester City Planning Commission Mr. DiBenedetto, Winchester City Planning Commission Liaison, reported that the City Planning Commission has completed work on the review of the HRI Zoning and will be rezoning quite a few of these properties at the public hearing scheduled for February 18. He added that the Commission is continuing with its review of the Comprehensive Plan. • Frederick County Planning Commission Minutes of February 5, 1997 Page 12 -3- • PUBLIC HEARINGS 1997 -1998 Capital Improvements Plan WIN for Frederick County Action - Recommended Approval Mr. Lawrence presented the 1997 -1998 Capital Improvements Plan (CIP). He said that the plan consists of 22 projects with a total cost of roughly $83 million. He said there were four new projects - -a third County high school, two new elementary schools (Back Creek and Gainesboro Districts), and a skateboard park. Mr. Marker commented that Priority 47, the Transportation/ Maintenance/ Warehouse Project, was designated to begin in 1998 -99, but no funding was listed. Mr. Lawrence stated that the School Board is anticipating this to be a County-wide facility and would like everyone to know that discussions are taking place, however, costs and a timetable have not yet been determined. Mr. Marker stated that if this project is going to be prioritized as high as #7, it should have at least an estimated cost figure. Other members of the Commission agreed. W. Thomas inquired if there was any correlation between a project's priority and when it was funded. Mr. Lawrence stated that the County's priority is established after the Comprehensive Plan Committee has reviewed the requests and priority is based on the County's budget. The subject of the accuracy of the estimated costs and how they were determined was raised. It was noted that cost estimates are provided by each individual department and are usually the department's "best guess cost estimate." It was pointed out that the CIP is considered to be a "planning document" only. • There were no public comments regarding the CIP. Upon motion made by Mr. Thomas and seconded by Mr. Marker, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of the 1997 -1998 Capital Improvements Plan for Frederick County as presented. Amendments to Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Section 165 -48.5, Adult Care Residences, Assisted Living Care Facilities, and Convalescent or Nursing Homes; Article VI, Residential Performance District, Section 165 -60, Conditional Uses; Article X, Business and Industrial Zoning Districts, Section 165 -82B, B2 Business General District Use Regulations; and Article XXI, Definitions, of the Frederick County Code. Action - Recommended Approval Mr. Wyatt stated that during the January 15, 1997 Planning Commission meeting, the Commission discussed the draft language to incorporate assisted living care and adult care facilities into the zoning ordinance. He said that the Planning Commission felt that assisted living care facilities and adult care facilities would be an appropriate use in the RP (Residential Performance) District through the issuance of a • Frederick County Planning Commission Minutes of February 5, 1997 Page 13 -4- • conditional use permit and as a "by- right' use in the B2 (Business General) District with reasonable performance standards. Mr. Wyatt stated that during this discussion, the Commission directed the staff to eliminate the performance standards pertaining to structure heights and recreational amenities, to incorporate convalescent or nursing homes into the uses requiring performance standards in the B2 District, and to advertise the revised language for public hearing. Mr. Wyatt said that one item under the Supplementary Use Regulations came to light after this amendment was advertized. That item is the establishment of parking requirements for the use and it was suggested that it may be more appropriate to move this requirement to another section of the Supplementary Use Regulations where parking standards are discussed. He said that upon consultation with the County Attorney, it was felt that as long as the recommendation from this body was in that fashion, it could be advertised that way for the Board without bringing it back to the Commission. There were no public comments. The Commissioners were satisfied with the amendment as presented and with placing the parking requirements to a different section under Supplementary Use Regulations. Upon motion made by Mrs. Copenhaver and seconded by Mr. Wilson, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of the amendments to the Frederick County Code, Chapter 165, Zoning, Article W, Supplementary Use Regulations, Section 165 -27, Off -Street Parking; Parking Lots, and Section 165 -48.5, Adult Care Residences, Assisted Living Care Facilities, and Convalescent or Nursing Homes; Article VI, Residential Performance • District, Section 165 -60, Conditional Uses; Article X, Business and Industrial Zoning Districts, Section 165 - 82B, B2, Business General Use Regulations; and Article XXI, Definitions. The proposed amendments will allow adult care residences and assisted living care facilities in the RP (Residential Performance) District with a conditional use permit and in the B2 (Business General) District as a by -right use, and will establish performance standards for adult care residences, assisted living care facilities, and convalescent or nursing homes that are located in the B2 (Business General) District. Amendments to the Frederick County Code, Chapter 165, Zoning, Article VI, Residential Performance District, Section 165E, Single Family Detached Zero Lot Line. Action - Recommended Approval Mr. Wyatt stated that this amendment, which was discussed at the Commission's January 15 meeting, eliminates a design standard which prohibits windows on the zero lot line side of a dwelling unit under the dimensional and design standards for single- family detached zero lot line developments. The Commission felt this language was not necessary, as requirements in the CABO One and Two Family Dwelling Code prohibit openings in building walls that are within three feet of a property line. The Commission also felt that duplicate language in the building code and zoning ordinance may complicate matters • Frederick County Planning Commission Minutes of February 5, 1997 Page 14 -5- • if a property owner desired to go through the appeals process for relief from the requirement. There were no public comments. Upon motion made by Mrs. Copenhaver and seconded by Mr. Marker, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of the amendment to the Frederick County Code, Chapter 165, Zoning, Article VI, Residential Performance District, Section 165E, Single Family Detached Zero Lot Line. This amendment will eliminate the sentence, "Windows are prohibited on the lot line side." OTHER Intersection of Routes 642 and 647 - Tasker Drive Road Improvement Proiect Mr. Thomas had safety concerns about the intersection of Route 642 and Route 647, which has been under construction for the last eight months or so. Mr. Thomas said that since early or mid- November, barrels have been placed along the way; however, no temporary traffic channelization or marking within the intersection itself has been done. He said that since Christmas, there have been three accidents at the intersection and tonight there was an accident with personal injury. Mr. Thomas inquired if VDOT had a schedule on what • is going to occur there, and if there is some way to get the contractor back to place temporary traffic controls for traffic channelization and/or some danger warning. Mr. Wyatt replied that this intersection is a part of the Tasker Drive improvement project which is scheduled to be completed this Spring. Mr. Wyatt said that he would get in touch with VDOT's project manager and report back to, the Commission. Discussion Rezardine Telecommunication Towers Mr. Wyatt said that the Development Review & Regulations Subcommittee (DRRS) has been discussing this item to became educated on the technology and to come up with a proposed approach. Mr. Wyatt said that the proposed approach from the DRRS is to create a new subsection for commercial telecommunication facilities that would be within Article IV, Supplementary Use Regulations, and includes a statement of intent. He said that a conditional use permit would be required before the tower could be sited anywhere and this requirement would not be zoning specific. He said that several other issues were raised and discussed by the DRRS, including 1) prohibiting certain types of towers - -it seems to be more desirable to require a monopole tower construction as opposed to the lattice construction; 2) to establish a height limitation for the towers themselves and then to allow the heights to increase if there was "co- location;" 3) requiring accessory structures to be screened and set back; 4) requiring some type of bonding to remove abandoned towers; 4) establishing criteria to consider local zoning issues, land use patterns, viewsheds, and historic properties when doing siting. u Frederick County Planning Commission Minutes of February 5, 1997 Page 15 t� ® The idea of establishing a telecommunications overlay zone, which would prohibit towers in certain areas, was raised. It was noted that the Federal Telecommunications Act was more of an inclusionary requirement rather than an exclusionary requirement; and localities may create language to help mitigate some of the problems, but the language cannot be exclusionary in practice and thereby exclude a particular area from service. It was suggested that a basic statement of intent be written designating areas that the County would discourage the construction of towers. The Commission felt that utilization of existing structures, as well as collocation of towers, should be encouraged by way of incentives. Mr. DiBenedetto stated that one of the things considered by the City when reviewing requests for telecommunication towers is whether or not the company has attempted to find another tower on which to locate their antennae. He said that if they want a tower of their own, the City will require that it be accessible to other people who want to share it. Mr. DiBenedetto added that the City's requirements also include height limitations; however, the lower the tower height, the more towers are needed to cover an area. Commissioners discussed whether or not to allow the towers as a by -right use in the B2 and B3 areas. It was felt it would be better to require a conditional use permit which would allow the opportunity to negotiate the location of a site, particularly in critical areas; for example, if the site was adjacent to a residential neighborhood. Another issue raised was the potential of collapsing towers falling on neighboring properties and whether setbacks were needed to accommodate that potential. Staff noted that information received by a representative of one of the telecommunications companies was that modern -day towers are now engineered so that if there is a collapse of the structure, it will collapse on itself rather than on its side, like a tree. Staff noted • that Personal Communication Service Companies think the setback standard is excessive. Chairman DeHaven requested that the staff draft language for the Commission's review for the Commission's February 19th meeting. ADJOURNMENT No further business retrained to be discussed and the meeting adjourned by unanimous vote at 7:50 p.m. Respectfull submitted, e Lis C. Tierney, Seeckary Charles S. DeHaven, Chairman (Jr,) l J Frederick County Planning Commission Minutes of February 5, 1997 Page 16