PC_02-19-97_Meeting_Minutes• MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on February 19, 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.
Moms, Shawnee District; S. Blaine Wilson, Shawnee District; Richard C. Ours, Opcquon District; George L.
Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison. and
Jay Cook, Legal Counsel.
ABSENT: John H. Light, Stonewall District; and Terry Stone, Gainesboro District.
STAFF PRESENT: Kris C. Tierney, Planning Director, Evan A. Wyatt, Deputy Director; W. Wayne Miller,
Zoning Administrator; Andrew Evans, Zoning Administrator; and Renee' S. Arlotta, Minutes Recorder.
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CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MINUTES OF JANUARY 15,1997
Upon motion made by Mrs. Copenhaver and seconded by Mr. Light, the minutes of January 15,
1997 were unanimously approved as presented.
BIMONTHLY REPORT
Chairman DeHaven accepted the Bimonthly Report for the Commission's information.
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® COMMITTEE REPORTS
Economic Development Commission (EDC)
Mr. Romine said that it was reported at the January meeting that our area received 19 location
inquiries. He said that a project has begun to establish a technical zone and a foreign trade zone somewhere in
the vicinity of the airport.
Sanitation Authority (SA)
Mrs. Copenhaver reported that the repairs in Fredericktowne are about 1/4 -1/3 finished. She
said this work includes repairs to laterals and manholes; and, in addition, they are finding that sump pumps are
being emptied into the sanitary sewer - -for which there is a fine.
Mrs. Copenhaver reported that the Parkins Plant will be adequate for the next five years; the
Opequon Plant, if the addition is completed, will be adequate for the next five years; and the Diehl Water
Treatment Plant will be adequate for the next 5 -10 years. She said that the SA anticipates water customers to
increase at the rate of 400 per year. She said that the SA now has 7,000 water customers and by the year 2002,
they expect 9,400. She said that sewer will be growing at almost the same rate.
• Mrs. Copenhaver said that Ned Cleland once again reviewed the agreement between the City
and the County on the addition to the Opequon plant. She added that the agreement includes formulas for the
payment of additional needed capacities.
Winchester City Plannin¢ Commission - 02/18/97 Mtg.
Mr. Ours reported that the Winchester City Planning Commission held a public hearing for the
new HRl Zoning Plan and the new zoning was adopted unanimously. Mr. Ours said that basically, this is a plan
to rezone land from high-density (HR, MR, B 1) zones to the new HRI with the intent being to preserve the single
family character of many of the older high- density areas of the City. He said that the zoning covered six areas
of the City, included about 1,082 parcels and about 1,226 dwelling units.
PUBLIC MEETING
Subdivision Application #001 -97 of the Summit, Section 1 -B, by Donald L. Bayliss, to subdivide a 2.9 -acre
tract into four lots. This property is located at the corner of Lakeview Drive and South Lakeview Drive
and is identified with P.I.N. 18 -A -28F in the Gainesboro Magisterial District.
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Action - Recommended Approval
Mr. Miller said that Section 1B of the Lake Holiday Estates subdivision was approved in April
of 1994 by the Planning Commission and the Board of Supervisors. He said that this request is for an addition
of four lots that adjoins and is to become a part of Section 113. He explained that there are no new streets
required and water and sewer are available to the lots. He said that the president of the Lake Holiday Utility
Company and the State DEQ have certified that sewer and water capacity exist to accommodate these additional
lots. Mr. Miller added that none of the reviewing agencies had a problem with the subdivision, however, the
Director of Public Works is requiring detailed site plans for Lots 29 and 32.
Mr. Moms brought up the subject of the lack of an overall master plan for Lake Holiday which
defines open space and recreational areas. Mr. Miller said that the staff pursued the issue of the submittal of a
master plan, but without success; and Section 1B was approved without a master plan. Mr. Miller said that there
were issues and there will be issues in the future, particularly if there are any larger tracts that would be attempted
to be divided into lots.
Mr. Thomas asked if the applicant was aware of the Public Works Director's requirement for
site plans and Mr. Miller replied that he was aware and would be required to comply under the provisions of the
State -wide Building Code. Mr. Thomas was concerned that the lots might be sold before the required site plans
were approved.
A representative was not present for this subdivision application.
There were no citizen comments.
• Upon motion made by Mr. Romine and seconded by Mr. Wilson,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously approve
Subdivision Application #001 -97 for Section 1 -B of the Summit by Mr. Donald L. Bayliss with the stipulation
that site plans are submitted for Lots 29 and 32 and that all review agency comments are complied with.
Discussion Regarding Draft Zoning Ordinance Amendments for Commercial Telecommunication
Facilities
No Action Required
Mr. Wyatt said that the Planning Commission discussed the issue of commercial
telecommunications facilities at their meeting of February 5, 1997. Mr. Wyatt stated that the intent of that
meeting was to reach a consensus on the approach that should be taken to draft requirements for these facilities.
He said that the direction pursued was to create a system that would require a conditional use permit before
towers could be constructed and to do this in a fashion where they would be required in any zoning district
without placing the requirement in each district. Mr. Wyatt presented the proposed language to the Commission.
He also introduced two gentlemen from Shentel, a local telecommunications company, Mr. Michael Marr and Mr.
Leonard L. Greisz, who would be contributing their expertise in helping to answer technical questions from the
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• Commission.
Commissioners asked if the language presented was written with outside consultation from
people who are in the telecommunications business. Mr. Wyatt reported that much of the information is reflective
of what is being used by jurisdictions across the country; however, the proposed language primarily reflects the
direction asked for by the Commission and the Development Review & Regulations Subcommittee (DRRS). Mr.
Wyatt said that once the language has been established, the staff will send it to the two groups in this area who
are constructing towers, CFW and Shentel, for their comments.
Commission members were interested in providing incentives for collocation. They asked what
the industry's perspective of collocation was. Mr. Leonard L. Greisz, Project Manager with Shentel, said that
in the past, the industry has not favored collocation; however, since he has been with Shentel, his company has
not followed that way of thinking. Mr. Greisz said that Shentel specifically builds and over - engineers their towers
to hold additional providers and encourage collocation. Commission members asked how many of Shentel's
towers were collocated.
Commission members asked if the average company could make it cost prohibitive for another
company to collocate? Mr. Greisz explained that constructing a single tower could be a 1/4 million dollar
investment and each site would have to be considered individually.
Mr. Wyatt said that under the proposed language, the applicant would have to provide
information concerning their attempts to collocate on existing facilities.
The issue of an "abandoned in place" structure was next discussed and whether language should
be included to prevent its occurrence. Mr. Greisz said that their commitment to the landowner within the lease
agreement is that they will remove the tower. He said that if the tower is tall enough to be FAA regulated, then
they are required by that agency to keep the tower operating or remove it. Members of the Commission asked
if a property owner could get out of a lease agreement after the tower was in place. Mr. Greisz responded that
in most cases, the lease is negotiated for an extended term.
The Commission next discussed with the Shentel representatives the technologies of the PCS
and cellular sites. They discussed lighting on the tops of the towers. Commission members also discussed the
pros and cons of lattice towers and monopole towers - -ie: what kind does Shentel usually construct, what is their
price differential. The representatives from Shentel said that the monopole tower was more expensive and it was
also more limited and not as flexible with regard to collocation. The Shentel representatives suggested that the
conditional use permit should be open to different types of communication systems, for example, microwave,
and not limited to just the cellular and PCS. Mr. Greisz said that VDOT had taken an aggressive step into that
area and they now offer lease space on facilities in the Washington - Metroplex area for collation for
communication systems; however, they are using it for a camera system and weather monitoring.
Mr. Marr stated that specific locations become critical and proprietary until a lease agreement
has been negotiated with a landowner - -he said it could be costly to companies because they have divulged
information about specific areas that caused the property to increase in value. He said this may come into play
when the company is trying to provide the county with different facts about the location of the property. He
explained the potential danger in divulging information before a lease agreement is established.
Commissioners felt the wording should be strengthened concerning lighting; that the monopole
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• structure was preferred because it is more aesthetically pleasing; that the county should do everything it can to
encourage multiple use. It was stated that proliferation of towers were unsightly and costly for everyone.
Mr. Greisz said that he would like to have the opportunity to review the proposed language and
give a point -by -point critique before it goes out for decision.
The issue of offering incentives to encourage companies to consider aesthetics when constructing
towers was next discussed. The Commission was very sensitive to the aesthetic issues because they felt the
proliferation of these towers was going to increase dramatically. Mr. Marr suggested that the county should
minimize the setback requirements. Mr. Marr explained that as a site acquisition person, when faced with large
setbacks, he is limited to placing the tower in a place that may not be the optimum location. Mr. Marr said that
the concept of the highest and best use of the property for the owner seems to be negated with these large setback
requirements. He said that he has had landowners ask him to put the tower in the comer of their property because
they had industrially -zoned land and may want to sell it or build on it. It was pointed out that there were reasons
in the past why these setbacks were established; however, the new towers are structurally enhanced and exceed
wind - loading requirements. The representatives from Shentel believed that the setbacks were a hindrance in
establishing the optimum aesthetic location.
The Commissioners decided to discuss the language further at the next DRRS meeting and this
would also give the Shentel representatives enough time to review the language proposed. They asked that the
staff obtain information on the following items for their next discussion: 1) cost differential between lattice and
monopole towers; 2) a determination on the flexibility for expansion and modification of monopole towers; and
3) relating to setbacks, what are the collapse patterns of monopole and lattice towers.
INTRODUCTION OF ANDREW EVANS, ZONING ADMINISTRATOR
Mr. Tierney introduced Andrew Evans, the newly -hired Zoning Administrator for Frederick
County. Chairman DeHaven welcomed Mr. Evans on behalf of the entire Planning Commission.
RESOLUTION OF APPRECIATION FOR W. WAYNE MILLER, RETIRING ZONING
ADMINISTRATOR
Upon motion made by Mr. Thomas and seconded by Mr. Routine, a Resolution of Appreciation
was unanimously approved for W. Wayne Miller, retiring Zoning Administrator, as follows:
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Resolution of Appreciation
Honoring
W. Wayne Miller
WHEREAS, W. Wayne Miller served as the Zoning and Subdivision Administrator for Frederick County
from the date of his appointment b the Fredericka Count Board of Supervisors on September 13, 1989,
until his retirement on February 28, 1997 and,
WHEREAS, Mr. Miller carried out the responsibilities of his position in a manner which demonstrated his
strong sense of professionalism and sound judgement, as well as his dedication to both the position and to the
County of Fredericka; and,
WHEREAS, during his tenure, be instituted numerous management practices which have resulted in a
dramatic increase in the level of efficiency and accuracy in such areas as the administrative oversight of
subdivision bonds, the collection of committed monetary proffers, and the incorporation of subdivision
streets into the State secondary road system; and,
WHEREAS, the members of the Planning Commission wish him many years of peaceful relaxation and
good health.
NOW, THEREFORE, BE IT RESOLVED, that on this 19th day of February 1997, the Fredericks
• County Planning Commission does hereby officially express its sincere thanks to W. Wayne Miller for his
years of outstanding service and dedication.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned by unanimous vote at
9:05 p.m.
Respectfu s tyitted,
Kris C. Tierney, Secretary
Charles S. DeHaven, Chairman
(Jr.)
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