HomeMy WebLinkAbout049-09Action:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
October 15, 2008
February 25, 2009
RESOLUTION
❑ APPROVED
91 APPROVED
❑ DENIED
❑ DENIED
Denying Conditional Use Permit Application Number 09 -08
of Shenandoah Mobile Company for a Telecommunications Tower Facility
on Property Located at 1203 Redbud Road,
Tax Parcel Number 55- A -129A, in the Stonewall Magisterial District
WHEREAS, on July 16, 2008, Shenandoah Mobile Company submitted Conditional
Use Permit Application Number 09 -08, requesting approval of a Conditional Use Permit (CUP),
pursuant to Frederick County Code § 165 -48.6, for a telecommunications tower facility, of 195 feet
in height, on property located at 1203 Redbud Road, Tax Parcel Number 55- A -129A (Property), in
the Stonewall Magisterial District;
WHEREAS, the Planning Commission held a public hearing on this Conditional
Use Permit on October 15, 2008; .
WHEREAS, the Board of Supervisors held a public hearing on this Conditional Use
Permit on November 12, 2008 and continued the public hearing on February 25, 2009;
WHEREAS, the Property, and all properties adjacent to the Property, are in the
Rural Areas (RA) Zoning District and are currently used for low - density residential purposes or are
vacant;
WHEREAS, the Board of Supervisors finds the requested use of the Property for a
telecommunications tower facility is not in conformance with the Comprehensive Plan, for the
following reasons:
• The proposed site of the requested use is located outside the County's Sewer and
Water Service Area (SWSA) and Urban Development Area (UDA), both of
which being areas that the County intends for more intensive forms of
PDRES#10 -09
Frederick County Board of Supervisors
Resolution
Denying Conditional Use Permit Application Number 09 -08
February 25, 2009
Page 2
development, and therefore the proposed site is subject to protection from such
industrial, commercial, and residential development;
• The proposed site of the requested use is located within the area encompassed by
the Northeast Land Use Plan ( NELUP) component of the Comprehensive Plan
and the NELUP encourages the preservation and protection of significant historic
resources, environmentally - sensitive areas, and open space areas within the area
it encompasses;
• The NELUP identifies Developmentally Sensitive Areas (DSAs) located
proximate to the property, such areas being designated to ensure that their
historic resources, areas of steep slopes and mature woodlands, existing
residential clusters, and public land uses are protected from future development;
• The proposed site of the requested use is located proximate to the historical sites
of the Third Battle of Winchester, Hackwood, and Milburn;
• The NELUP further provides to ensure that the Historic Resources Advisory
Board (HRAB) reviews all development proposals which impact identified
DSAs, the HRAB has reviewed the requested use, and the HRAB concluded that
the benefits of the requested use, in terms of additional mobile telephone
coverage levels as shown In the applicant coverage map, r14 ^.Ct 'N=O'Mf ±l;e
impact of a telecommunications tower facility on the area's viewshed;
• The Virginia Department of Transportation has indicated that the requested use
will require the construction of a commercial entrance; and
• The requested use would change the character of the area within which it would
be located, as the requested use would be inconsistent with rural and historical
character of the area, would blight the viewshed of the area, would require a
transportation facility incompatible with the area, would not be in keeping with
the protection of environmental resources of the area, and have an overall
negative impact on the area;
WHEREAS, the proposed site of the requested use is located proximate to Redbud
Road (Route 661), a designated Virginia Byway, which designation takes into consideration the
scenic landscape, historic Civil War battlefields, and environmentally significant nature of the area,
and the requested use would be inconsistent with those characteristics;
WHEREAS, the proposed site of the requested use is located proximate to the
proposed Redbud Trail Greenway, which is intended to emphasize the natural environmental
features of the area, with which the requested use would be inconsistent;
PDRES#10 -09
Frederick County Board of Supervisors
Resolution
-- Denying Conditional Use Permit Application Number 09 -08
February 25, 2009
Page 3
WHEREAS, the County has traditionally had a higher expectation for land use
actions in rural areas, scenic areas, along byways, and proximate to DSAs, so that scenic areas an
satisfy that expectation; and d
properties of significant historic values are not negatively impacted, and the requested use does not
WHEREAS, the applicant has not presented sufficient evidence of its efforts to
locate or co- locate at a different location or of its need to locate at the Property.
NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of
Supervisors denies approval of a Conditional Use Permit CUP
pursuant to Frederick
Code § 165 -48.6, for a telecommunications tower facility, of 195 fee n height, ght, on property located
o cated
at 1203 Redbud Road, Tax Parcel Number 55- A -129A (Property), in the Stonewall Magisterial
District.
Passed this 25th day of February, 2009 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton
_Nay
Gary W. Dove Aye Bill M. Ewing Aye
Gene E. Fisher A ye Aye
Charles S. DeHaven, Jr.
Philip A. Lemieux Aye
OP TTEST
Ri ey, Jr.
Frederick County Administrator
PDRES#10-09
BOS Res. #049 -09
CONDITIONAL USE PERMIT #09 -08
SHENANDOAH MOBILE COMPANY
Staff Report for the Board of Supervisors
Prepared: February 18, 2009
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 09/03/08 Tabled 45 days by Planning Commission
Planning Commission: 10/01/08 Tabled 30 days by Planning Commission
Planning Commission: 10/15/08 Recommended Approval
Board of Supervisors: 11/12/08 Tabled at Applicant's Request
Board of Supervisors: 02/25/09 Pending
LOCATION This property is located at 1203 Redbud Road (Route 661).
MAGISTERIAL DISTRICT Stonewall
PROPERTY ID NUMBER 55- A -129A
PROPERTY ZONING & PRESENT USE
Zoned: RA (Rural Areas) Zoning District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE
North: RA (Rural Areas) Land Use: Residential
South: RA (Rural Areas) Land Use: Residential
East: RA (Rural Areas) Land Use: Vacant
West: RA (Rural Areas) Land Use: Residential
PROPOSED USE This application is for a 195 -foot Commercial Telecommunications
Facility.
REVIEW EVALUATIONS
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 661, the VDOT facility which would
CUP #09 -08, Shenandoah Mobile Company
February 18, 2009
Page 2
REVIEW EVALUA
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 661, the VDOT facility which would
provide access to the property. Prior to operation of the business, a commercial entrance must be
constructed to our standards to allow for safe egress and ingress of the property. Any work
performed on the State's right -of -way must be covered under a land use permit. The permit is
issued by this office and requires an inspection fee and surety bond coverage.
Fire and Rescue: Plan approval recommended.
Inspections Department: Building permit required for construction of telecommunications
tower. Structure shall comply with The Virginia Uniform Statewide Building Code, use group U
(Utility and Miscellaneous) of The International Building Code 2003. Structured plans
submitted for permit application shall be sealed by a VA Licensed Design Professional for
antenna attachment. Please note the requirements in Chapter 17 Special Inspections for this type
structure, soils, concrete, bolts, etc. Note: All Chapter 1 VUSBC min. inspections shall be
conducted by the Frederick County Inspections Staff. Request to utilize a third parry inspection
agency that complies with the Frederick County policy shall have prior approval granted by the
Building Code Official.
Winchester Regional Airport: We reviewed the FAA Determination of No Hazard to Air
Navigation dated March 12, 2008 in which the FAA has stated that marking and/or lighting will
not be required by their agency. However, due to air medivac operations throughout the County
and given that the site is within the Winchester Regional Airport's airspace, the Winchester
Regional Airport Authority is requesting that lighting be installed and maintained in accordance
with FAA Advisory circular 70/7460 -1K Change 2 as a condition for approval of this CUP.
Applicant is required to file with the Virginia Department of Aviation and applicant should send
a copy of the FAA Aeronautical Study and a quadrangle map showing the proposed tower
location for their review and comment.
Federal Aviation Administration: This aeronautical study revealed that the structure does not
exceed obstruction standards and would not be a hazard to air navigation provided the following
conditions(s), if any, is(are) met: Based on this evaluation, marking and lighting are not
necessary for aviation safety. However, if marking and/or lighting are accomplished on a
voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory
circular 70/7460 -1 K Change 2. This determination is based, in part, on the foregoing
description which includes specific coordinates, heights, frequency (ies) and power. Any
changes in coordinates, heights and frequencies or use of greater power will void this
CUP #09 -08, Shenandoah Mobile Company
February 18, 2009
Page 3
determination. Any future construction or alteration, including increase to heights, power or the
addition of other transmitters, requires separate notice to the FAA. This determination does
include temporary construction equipment such as cranes, derricks, etc., which may be used
during actual construction of the structure. However, this equipment shall not exceed the overall
heights as indicated above. Equipment which has a height greater than the studies structure
requires separate notice to the FAA. This determination concerns the effect of this structure on
the sale and efficient use of navigable airspace by aircraft and does not relieve the sponsor of
compliance responsibilities relating to any law, ordinance or regulation of any Federal, State or
local government body. A copy of this determination will be forwarded to the Federal
Communications Commission if the structure is subject to their licensing authority.
Historic Resources Advisory Board: HRAB considered the potential benefits and impacts of
the proposal, including: benefit as related to the potential increase in coverage area as indicated
on the FCC coverage map; benefit as related to the potential increase in coverage levels and
capacity within the area surrounding the tower, as shown on the applicant's coverage analysis
map; impact as related to the designated Scenic Byway as indicated on the FCC coverage map;
impact on the entire area's viewshed. The group also considered the applicant's explanation for
ruling out possible co- location sites within the wider area, and the aesthetic measures that the
applicant had recommended for mitigating the visual impact of the proposed tower. Ultimately,
the HRAB felt that the benefits, in terms of additional coverage levels as shown in the
applicant's coverage map, did not warrant the cost of the proposed tower's impact on the area's
viewshed.
Planning and Zoning: This Conditional Use Permit (CUP) is for a proposed 195 foot
monopole -type commercial telecommunication facility. The Frederick County Zoning
Ordinance allows for commercial telecommunication facilities in the RA (Rural Areas) Zoning
District with an approved CUP. § 165 -48.6. The Frederick County Zoning Ordinance specifies
that commercial telecommunication facilities are subject to certain performance standards in
order to promote orderly economic development and to mitigate the negative impacts to
adjoining properties. § 165- 48.6(B). Also, the 2007 Comprehensive Policy Plan of Frederick
County provides guidance when considering land use matters such as Conditional Use Permits.
This proposed commercial telecommunication facility is located outside the Sewer and Water
Service Area (SWSA) and Urban Development Area (UDA), but is located within the Northeast
Land Use Plan ( NELUP) as indicated in the 2007 Comprehensive Policy Plan of Frederick
County ( " Comp Plan "), page 6 -117. The NELUP component of the Comprehensive Policy Plan
identifies Developmentally Sensitive Areas (DSA) located adjacent to and surrounding this site.
Comp Plan page 6 -117. The objectives of NELUP, as related to Developmentally Sensitive
Areas, are to identify appropriate locations, to protect potentially significant historic resources as
_ identified by the Frederick County Rural Landmarks Survey, and to ensure the Historic
CUP #09 -08, Shenandoah Mobile Company
February 18, 2009
Page 4
Resources Advisory Board (HRAB) reviews all land development proposals which impact the
identified DSA. Comp Plan page 6 -111.
This proposed site is located along Redbud Road (Route 661), which has been designated as a
Virginia Byway, approved by the Board of Supervisors on June 9, 2004. The designation of this
road as a byway takes into consideration the scenic landscape, historic civil war battlefields, and
environmentally significant nature of the area. The general surrounding area of this proposed
site contains sites of significant historical importance. These sites include the Third Winchester
Battlefield, Hackwood, and Milburn Road. All three of these sites are approximately one mile
from this proposed 195 foot monopole -type commercial telecommunication facility and may
have a negative scenic impact on nearby properties.
Frederick County has traditionally had a higher expectation for land use actions for properties
located in its rural areas, scenic areas, along byways, and adjacent to DSA's. These performance
standards are to ensure that scenic areas and properties of significant historic values are not
negatively impacted. Staff would note the subject property where this proposed 195 foot
monopole -type commercial telecommunication facility will be located may not be consistent
with the goals of the 2007 Frederick County Comprehensive Policy Plan specifically, land use
goals identified and established by the Northeast Land Use Plan ( NELUP). Careful
consideration of this CUP may be warranted in maintaining the goals set forth of NELUP plan.
Background: The Frederick County Zoning Ordinance requires the applicant to provide
identification of all service providers and commercial telecommunication facility infrastructure
within a proposed search area and to provide confirmation that an attempt to collocate on an
existing telecommunication facility has been made. § 165- 48.6(A)(2). This proposed 195 foot
monopole -type telecommunication facility will be located on a 33 acre site on Redbud Road
(Route 661). The applicant has provided an inventory of existing telecommunication facilities
and possible co- location structures in the area. (See maps 2 - 4) Staff does not concur with the
applicant that there are no eligible existing facilities, or appropriate structures available for
collocation in this general area. Staff has identified possible collocation sites within a three (3)
mile radius of this proposed site. (See map 5) These possible sites may demonstrate satisfactory
coverage in this area of the County. Therefore, the maps provided within the application,
analyzing coverage need in this area may be insufficient to determine the adequacy of the search
area, existing coverage, co- location structures, and capacity of the licensee holder in the vicinity
of the proposed facility.
STAFF CONCLUSIONS FOR THE 09/03/08 PLANNING COMMISSION MEETING:
This request is not in conformance with 2007 Comprehensive Policy Plan of Frederick County
and the impacts associated with this request cannot be mitigated. However, should the Planning
CUP 409 -08, Shenandoah Mobile Company
February 18, 2009
Page 5
Commission find this use appropriate, this proposed commercial telecommunication facility will
be in conformance with Section 704 of the Telecommunication Act of 1996. Staff would
recommend the following conditions:
1. All review agency comments and requirements shall be 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 Frederick County.
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, the CUP will be deemed invalid.
6. A certified Virginia engineer shall provide verification that the tower is designed and will
be constructed in a manner that, should the tower collapse for any reason, the collapsed
tower will be contained in an area around the tower, with a radius equal to or lesser than
the setback, measured from the center line of the base of the tower.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/03/08 MEETING
The applicant's representatives spoke about the collocation issue and they would prefer to
collocate when they are able; they commented that construction of a tower is a huge investment
and involves leasing and operating expenses. They noted the various structures within this area
where they are currently collocating. The applicant's representatives considered the school site
mentioned by the staff, but stated that it did not propagate well enough to meet their needs. They
contended there was a demonstrated need for cell phone and broad band improvements in this
particular area.
Two adjoining property owners and one nearby resident spoke during the public comment
portion of the public hearing. The concerns raised included health issues, the destruction of the
viewshed along a designated Virginia Scenic Byway, the proposed location was within the Red
Bud Agricultural and Forestal District, the local residents already have good cellular phone
usage, the fact that local residents have gone to great lengths to preserve the rural nature of their
community and this structure will not be in keeping with the rural and scenic nature of this part
of the County.
Members of the Commission believed the proposed tower location was too close to the DSA and
CUP #09 -08, Shenandoah Mobile Company
February 18, 2009
Page 6
a designated Virginia Byway; they agreed with the recommendations from the HRAB that the
benefits in terms of additional coverage levels as shown on the applicant's coverage map did not
warrant the cost of the proposed tower's impact on the area's viewshed; they also agreed with the
staff's conclusions that the request was not in conformance with the Comprehensive Policy Plan,
and the impacts cannot be mitigated. Commission members also mentioned the applicant had
not provided convincing evidence that the tower was a necessity at this location. A motion
recommending denial was made and seconded, but the motion failed due to the following tie
vote:
YES (TO REC. DENIAL) Unger, Watt, Manuel, Ruckman, Kriz
NO: Ambrogi, Wilmot, Thomas, Kerr, Mohn
ABSTAIN Oates
A new motion was made and seconded to recommend approval with an amendment to Condition
46 correcting the terminology of the text to, "A Virginia registered professional engineer...,"
instead of, "A certified Virginia engineer..." This motion failed, however, due to the following
tie vote:
YES (TO REC. APPROVAL) Ambrogi, Wilmot, Thomas, Kerr, Mohn
NO: Unger, Watt, Manuel, Ruckman, Kriz
ABSTAIN Oates
A Commission member commented that many of the concerns that were raised centered on the
fact that the applicant had not proven the tower is needed and given the opportunity to address
this issue, some of the votes may change. Therefore, a motion was made and seconded to table
45 days to provide the applicant the opportunity to gather further information on this issue. This
motion passed by a majority vote, as follows:
YES (TO TABLE) Ambrogi, Manuel, Wilmot, Thomas, Kerr, Mohn
NO: Unger, Watt, Ruckman, Kriz
ABSTAIN Oates
(Note: Commissioners Ours and Triplett were absent from the meeting.)
CUP 409 -08, Shenandoah Mobile Company
-- February 18, 2009
Page 7
PLANNING COMMISSION SUMMARY AND ACTION OF THE 1 _0/01/08 MEETING:
The Acquisition Manager for Shentel provided a presentation on why the applicant believed this
site was important for seamless coverage and service performance for their customers.
Two local residents came forward and spoke in opposition to the proposed tower and one
resident spoke in favor. The residents in opposition talked about the visual impact of the tower;
they did not believe Shentel had exhausted all possibilities for alternative sites; they already had
adequate cell phone coverage; the structure is proposed along a Scenic Byway; and the site is
within an Agricultural and Forestal District. The resident who spoke in support of the tower
believed coverage was lacking and area residents needed adequate internet and 911 coverage.
Numerous issues remained unresolved for members of the Commission, including: the proposed
site was within an Agricultural and Forestal District; the proposed location was not in
conformance with the 2007 Comprehensive Policy Plan; the impacts associated with the request
cannot be mitigated; the County traditionally has higher expectations for land uses in rural areas
along Scenic Byways; and the proposed location is within a Developmentally Sensitive Area
(DSA).
Due to the fact the Commission was rapidly approaching the 11:00 p.m. adjournment time
stipulated in the Planning Commission's Bylaws, a motion was made and seconded to table the
conditional use permit for 30 days. This motion passed unanimously.
(Note: Commissioner Oates abstained; Commissioners Watt and Kriz were absent from the
meeting.)
PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/15/08 MEETING
A commissioner inquired if there was any prohibition about putting commercial
telecommunication towers in Agricultural and Forestal Districts. Staff replied that no restriction
against telecommunications facilities was established at the time the Agricultural and Forestal
Districts were established. Some commission members believed placing telecommunications
facilities within an Agricultural and Forestal District was contrary to the intent of the District,
especially since other infrastructure, such as utility lines, were prohibited. It was the opinion of
some commission members that this request was not in conformance with the Comprehensive
Policy Plan and the associated impacts could not be mitigated. In addition, the land use,
proposed within a scenic rural area, along a scenic byway, and adjacent to a DSA
(Developmentally Sensitive Area), failed to meet higher expectations traditionally sought to
ensure that scenic areas and properties of significant historic value were not negatively impacted.
It was noted that VDOT is requiring a commercial entrance to the site. Furthermore, the
CUP 909 -08, Shenandoah Mobile Company
February 18, 2009
Page 8
HRAB's comments were noted that benefits in terms of additional coverage did not warrant the
cost of the tower's impact on the view shed.
A motion was made and seconded for denial of CUP 909 -08 of Shenandoah Mobile Company.
This motion failed, however, by the following vote:
YES (TO REC. DENIAL) Ruckman, Kriz
NO: Ambrogi, Manuel, Wilmot, Thomas, Ours, Triplett, Kerr
ABSTAIN Oates
(Note: Commissioners Unger, Watt, and Mohn were absent from the meeting.)
A new motion was made and seconded to recommend approval of CUP 409 -08 of Shenandoah
Mobile Company with conditions as recommended by the staff. This motion passed by a
majority vote. The conditions of approval are:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating personal wireless service providers.
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the applicant or property owner within 12 months of
abandonment of operation.
5. In the event a telecommunications tower is not erected within 12 months of the approval
of this conditional use permit (CUP), the CUP will be deemed invalid.
6. A certified Virginia engineer shall provide verification that the tower is designed and will
be constructed in a manner that, should the tower collapse for any reason, the collapsed
tower will be contained in an area around the tower, with a radius equal to or lesser than
the setback, measured from the center line of the base of the tower.
The majority vote was:
YES (TO REC. APPROVAL) Ambrogi, Manuel, Wilmot, Thomas, Ours, Triplett, Kerr
NO: Ruckman, Kriz
CUP #09 -08, Shenandoah Mobile Company
February 18, 2009
Page 9
ABSTAIN Oates
(Note: Commissioners Unger, Watt, and Mohn were absent from the meeting.)
CONCLUSIONS FOR THE 02/25/09 BOARD OF SUPERVISORS MEETING:
The Planning Commission forwards this application with a recommendation for approval.
It is appropriate for the Board to act on the application at its meeting. Should the Board elect to
grant the CUP, then the following conditions would be appropriate:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating personal wireless service providers.
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the applicant or property owner within 12 months of
abandonment of operation.
In the event a telecommunications tower is not erected within 12 months of the
approval of this conditional use permit (CUP), the CUP will be deemed invalid.
6. A certified Virginia engineer shall provide verification that the tower is designed and
will be constructed in a manner that, should the tower collapse for any reason, the
collapsed tower will be contained in an area around the tower, with a radius equal to
or lesser than the setback, measured from the center line of the base of the tower.
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anEhTEL
P.O. Box 459 • Edinburg, Virginia 22824 -0459 (540) 984 -4141
JA k 9 2009
January 7, 2009
The Honorable Richard Shickle
Chairman, Frederick County Board of Supervisors
107 North Kent Street, 2nd Floor
Winchester, VA 22601
RE: Request for Extension — CUP 09 -08
Shenandoah Mobile Company — Site 046 — Redbud
Application for a Conditional Use Permit
Dear Mr. Shickle:
On November 18, 2008, Shenandoah Mobile Company ( "Shentel ") appeared before the
Frederick County Board of Supervisors in support of its application for a conditional use permit
for the construction of a 195 foot Commercial Telecommunications Facility. At the meeting,
Shentel requested and was granted a 60 day extension due to a request for additional information
that was received from the Virginia Department of Historic Resources (DHR). This additional
information has been submitted to DHR by our consultant TRIAD Engineering, however, a
response from DHR is not expected until later this month.
To allow time to receive the response from DHR and to properly evaluate and address any
additional findings that may be set forth, Shentel respectfully requests an extension for the
hearing on its conditional use permit application and asks that this item be placed on the Agenda
for the Board of Supervisors' February 25 meeting.
Thank you for your consideration of this request.
Sincerely yours,
1: ; �-
Leonard L. Greisz
Manager - Site Acquisition
cc: Charles DeHaven, Supervisor
Mark Cheran, Zoning & Subdivision Administrator
James Johnson, Esquire
LOCAL AND LONG DISTANCE TELEPHONE - INTERNET AND DATA SERVICES a CABLE TELEVISION
WIRELESS VOICE AND DATA SERVICES o ALARM MONITORING o TELECOMMUNICATIONS EQUIPMENT
WE MUST SERVE WELL TO PROSPER - WE MUST PROSPER TO SERVE WELL
prv'nh%q yan- h.
of Naz Ro�mm-�,
COMMON of VIRGINIA
Department of Historic Resources
2,80 1 Kensington lrxvi�riuc. Richmond, Virginia 23221-0311
KatMcI,i� S. UpatnIA'
Dur�!Ctm
oko4�
12 November 2008
Mr. Stephen Del Sordo
Federal Communications Commission
Wireless Telecommunications Bureau
445 1- StreeL SW
Washington, DC ' 20554
Re: Proposed 499-ft Monopole (Red Bud), 1203 Redbud Road, Winchester
Frederick, County, Virginia
DHR Fi #2008-095 1
Dear Mr. Del Sordo:
We are writin ud) located 1
_e in reference to the proposed 199-ft monopole telecoininunications lower (Red B loc tt at -
Redbud Road. 'Winchester, Frederick County, Virginia. In May 2008, the consultant far the Shenandoah Mobile
Company initiated consultation with the Department of Historic Resources (I)HR) pursuant to Section 106 of the
National Historic Preservation Act, as amended, and the existing Programmatic Agreement (P `t) for the review of
cellular communications towers, On I I July 2008, the DHR concluded consultation on this undertaking, by concurring
with the recommendation that the construction of the new monopole cell Louver facility %*,ould have No Adverse Effect
upon historic properties listed in or eligible for the National Re -in
Register of Historic Places, Specifically, the anticipated no
adverse effect was to the Milburn Rural. Historic District.
Since our July 2008 correspondence, however, the DFIR has teamed that the' bird Winchester Battlefield (DI Survey
No. 034-0456) is located within the one-half mile Area of Potential Effect (APE) for this undertak The DRR found
the Third Winchester Battlefield eligible far listing in the National Register in 1990. Unforumatel the battlefield was
not identified in the Form 620 consultation package and the effects of the new lower were not evaluated by the
consultant.
In light Of this Omission, We believe that our earlier concurrence of No Adverse Effect for the Red Bud monopole MaN
no longer be valid. We request that the Shenandoah Mobile Company consider the effiects of its proposed tower an tile
Third Winchester Battlefield and request concurrence on it-, findings from DHR-
e'y
i Y4 -.0-
Marc a, itc
Office of Review and Compliance
Cipital Rtg-i'ar, 0fficc
10 Cow Avanuc 2 M1 KAms4wton Ave
Petcmhcn VA 23K03 Rict-'Mon(i, VA 232:21
Tel. tg(Ai i63-1624 Tel: (SO4) 167-Z323
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Mr. Mark Chem, Frederick County
Submittal Deadline i 76. AV
P/C Meeting V
BOS Meeting q 11 . 1 . 1
APPLICATION FOR CONDITIONAL USE PERMIT /
FREDERICK COUNTY, VIRGINIA
1. Applicant (The applicant if the owner X other)
NAME:
Shenandoah Mobile Company
ADDRESS:
PO Box 459, 500 Shente Way, Edinburg, V A 2
TELEPHONE
540 - 984 -3003
2. Please list all owners, occupants, or parties in interest
of the property:
David M. and A. Katherine Gregg, 1203 Redbud Road, Winche VA 2 260 3
3. The property is located at: (please give exact directions
and include the route number of your road or street)
1203 Redbud Road, Winchester, VA 22603 -From 1-81 Exit 315 and Hwy 7 interchange proceed East
T4/1 mile to the left exit from Hwy 7. (left after the 2nd light after Sheetz). Turn left at the top of the
onto Morgan Mill Rd and proceed 7/10 mile to Redbud Rd. Turn
left and proceed 4/10 mile to driveway on the right. Follow to rear of property and turn left at the house
Proceed past barn and corral to site.
jug.16W
(previous owner)
800 on page 81 as recorded in
in deed book no. Count of
the records of the Clerk of the Circuit Court,
Y
Frederick.
6. 14 -Digit Property Identification
No.
55 A 129A Record 0035860
Magisterial District
Stonewall _
Current Zoning
Rural Agricultural (RA)
�. Adjoining Property:
ZONING
USE
A
North Agricultural
RA
East Agriculture
�`
ResidentiaWacant
South
RA
West Agricultrual
g. The type of use proposed is (consult with the Planning
Dept. before
completing) Telecommunicationsfacility
9. It is proposed that the following buildings will be
constructed: NIA
10. 10. The following r all
the
both individuals,
siides and rear and in
corporations owning property J
front of (across street from) the property where the requested us
will be conducted. (Continue on back if necessary.) These people
will be notified by mail of this application:
NAME Glen E. Penton.
ADDRESS 221 Settler Larre; Step enson; VA 22656 ••
PROPERTY ID # 55A1 Reco . 029053
NAME Linda K. Brewer Timbrook
ADDRESS 209 Bentley Avenue, Winchester, VA 226Ca
PROPERTY ID # 55 A 128 Re 03706
NAME William G. Meier III
ADDRESS 270 Lick Run ing, Stephenson, VA 22656
PROPERTY ID# 5575Record#0029 04 8
NAME Ernest L. Lam
ADDRESS 1263 Redbud Road, Winchester, VA 22603
PROPERTY ID# 55A14Record#0015 7 12
NAME Emma Harris ET ALS C /OKaren Sheilds
ADDRESS 4922 Das iell PI, Woodbridge, VA 22192
PROPERTY ID# 55 A T Re cOrff 47901571 1
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
- ..: PROPERTYl
NAME
ADDRESS
11. Please use this page for your sketch of the property. Show
proposed and /or existing structures on the property,
including measurements to all property lines.
Sketch attached_ Fuji construction drawings included
.N
/ PROPOSED SHENIEL 700x100'
LEASE AREA LDCATKTN
/ PROPOSED 534DOEL 7D'x70'
FENCED CONFOUND LOCATION
/ PROPOSED SHEKrM 12' PROPOSED SHEWEL I9V /
WIDE ACCESS DRNE OFF OF MONOPOLE TONER /
EXISTING DRIVE LOCATION LOCAXM
/ E%ISYINC TRAINING
/ RING LOCATION
FOO ACCESS /
DANE LOCArATITI ON (TYP.)
/ EXISTING BONN
LOCATION /
/
EXISTING HOUSE '\
LOCA7mN
TAX MAP NIAABER /
55— A—T2GA
DAVID t KATHERINE GREGG /
/
/ O
svBWTTALs STTEHr 046 A - REDBM
Dv-..-na+te . -.
DATE DPSCRIINARY 0 REV>sioN , SITE PLAN
!/27/07 PRELIMINARY
DYNATEK 6666 TBI.BCOMMUNICAMNS SERVICES
PRA.ND.: SffEM l
A l 7134 Brookwood Dine
DRAVi'14 BY: M i. Bmok6ald, OR 41403 DWO. No.: REV.
SHENANDOAH MOBnM COMPANY Phone: S IMI -32H
CHECKED BY: Fur (330) 44A4334 L -3 0
D.C.B. wwwArmlekwbaom.eom
12. Additional comments, if ny:
I (we) the undersigned, do hereby respectfully make application
and petition the governing body of Frederick County, Virginia to
allow the use described in this application. I understand that
the sign issued to me when this application is submitted must be
placed at the front property line at least seven (7) days prior
to the first public hearing and maintained so as to be visible
until after the Board of Supervisors' public hearing. Your
application for a Conditional Use Permit authorizes any member
of the Frederick County Planning Commission, Board of
Supervisors or Planning and Development Department to inspect
your property where the proposed use will be conducted.
t�of ic ant `
ttfre Af 2
Owners' Mailing'Address
1203 Redbud Road, Winchester, VA 22603
Owners' Telephone No.
540- 323 -0639
TO BE COMPLETED BY THE ZONING ADMINISTRATOR:
I t?
1 � �{
Special Limited Power of Attorney
far _ County of n
l
Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601
Phone 540-665-5651
Facsimile 540- 665 -6395
Know All Men By These Presents: That I (We)
(Name) David M. Gregg
(Phone)
540- 323-0639
(Address) 1203 Redbud Road, Winchester, VA 22603
the owner(s) of all those tracts or parcels of land ( "Property") conveyed to me (us), by deed recorded in the Clerk's
Office of the Circuit Court of the County of Frederick, Virginia, by
goo 081
Instrument No. on Page , and is described as
55 A 129A
Parcel: Lot: Block: Section: Subdivision:
do hereby make, constitute and appoint:
(Name) Lynn D. Koerner (Phone) 540- 335-0030
(Address) 3126 South Ox Road, Edinburg, VA 22824
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority
I (we) would have if acting personally to file planning applications for my (our) above described Property, including:
Gr = = = w+ }-
G Conditional Use Permits - Telecommunications Facility
0 --- Master3)evelepment-Plairr (Preliminary: and Final) -
0 --- Subdivision- -
G Site Plan
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously
N/A approved proffered conditions except as follows:
This authorization s one year from the day it is signed, or until it is otherwi escinded or modified.
In '' .sus thereo , (we) ve hereto set my (our) hand and seal this day of �, 200 _V,
Signature(s)
State of Virginia, Ci County ^ , To -wit:
r
I, 1 i �'U�a. Notary Public -in and for the jurisdiction aforesaid, certify that the person(s) who
si to the foregoing instrument and who is (are) known to me, personally appeared before me an} has
acknowled � the same before me in the jurisdiction aforesaid this day of 200
My Commission Expires: 1 6 )
o Public ! = KAREN P. HORN
1 Notary Public
Reg. #356391
My Commission Exps. Oct 31, 2009
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