046-22 (CUPDavidHermens) �1G CO
ORDINANCE
Action:
PLANNING COMMISSION. October 20, 2021 Public Hearing Held,
Recommended Denial
BOARD OF SUPERVISORS: November 10, 2021 Postponed 90 Days
BOARD OF SUPERVISORS: February 9, 2022 DENIED
ORDINANCE
CONDITIONAL USE PERMIT#10-21
DAVID HERMENS
WHEREAS, CONDITIONAL USE PERMIT APPLICATION#10-21 was submitted by David
Hennens to allow for a 90-foot wireless telecommunication tower. This property is located at 101
Greenway Court, Winchester, Virginia and is identified with Property Identification Number 60A-
2A-A-16 in the Back Creek Magisterial District; and
WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use
Permit on October 20, 2021 and recommended denial; and
WHEREAS, the Frederick County Board of Supervisors postponed the public hearing for 90 days
on this Conditional Use Permit during their regular meeting on November 10, 2021; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional
Use Pen-nit during their regular meeting on February 9, 2022; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use
Pen-nit to be in the best interest of the public health, safety, welfare, and in conformance with the
Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that
Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that
Conditional Use Permit#10-21 to allow for a 90-foot wireless telecommunication tower on the parcel
identified with Property Identification Number 60A-2A-A-16 in the Back Creek Magisterial District is
approved with the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating personal wireless services providers.
3. The tower shall be removed by the Applicant or property owner within twelve(12)months of
abandonment of operation.
4. Any expansion or modification of this use will require a new Conditional Use Pen-nit.
Res#046-22
MOTION TO DENY passed this 9th day of February 2022 by the following recorded vote:
Charles S. DeHaven, Jr., Chainnan Aye Shawn L. Graber Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
Josh Ludwig Aye Judith McCann-Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
Mae .WooeeprE
Frederick County Administrator
Res# 046-22
CO
CONDITIONAL USE PERMIT #10-21
w David Hermens Wireless Telecommunication Tower
w Staff Report for the Board of Supervisors
Prepared: January 27,2022
138 Staff Contact: Mark 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: 10/20/21 Recommended Denial
Board of Supervisors: 11/10/21 Tabled for 90 Days
Board of Supervisors: 02/09/22 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) to allow for a 90-foot wireless
telecommunication tower located at 101 Greenway Court, Winchester, in the Back Creek
Magisterial District. The subject tower was constructed without an approved CUP and therefore
is a violation of the Zoning Ordinance. The Applicant is seeking approval of this CUP to abate
the zoning violation. This application was postponed from the Board of Supervisors November
10, 2021 meeting to the February 9, 2022 meeting.
Should the Board of Supervisors find the use to be appropriate, Staff would suggest the
following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating personal wireless services providers.
3. The tower shall be removed by the Applicant or property owner within twelve (12)
months of abandonment of operation.
4. Any expansion or modification of this use will require a new Conditional Use Permit.
Following this public hearing, a decision regarding this Conditional Use Permit application
by the Board of Supervisors would be appropriate. The Applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
Page 2
CUP 910-21, David Hermens Wireless Telecommunication Tower
January 27, 2022
LOCATION: This property is located at 101 Greenway Court, Winchester, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 60A-2A-A-16
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING& PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Residential
PROPOSED USE: This is a request for a Conditional Use Permit to allow for a 90-foot
wireless telecommunication tower.
REVIEW EVALUATIONS:
Frederick County Inspections: Conditional Use Permit for installation of a communication
tower shall be designed per the 2015 Virginia Building Code (VBC),U-Utility Use Group.
Tower installation requires permits. Plans submitted for permits may require the design to be
sealed by a Registered Design Professional licensed in the State of Virginia. Antennas, if
applicable, shall be designed for the applicable loads as required in Chap. 16 VBC.
Tower shall be located such that guy wires and other accessories shall not cross or encroach upon
any street or other public space, over above ground electric utility lines, or encroach upon any
privately owned property without written consent. Tower shall be equipped with climbing and
working facilities in compliance with TIA-222. Access to the tower sites shall be limited as
required by applicable OSHA, FCC and EPA regulations
Special Inspections may be required, please note the requirements in Chapter 17 of VBC for
special inspection requirements on the type of structure. (Soils, concrete etc..).
Frederick County Fire Marshal: Plans approved.
Winchester Regional Airport: No comment.
Page 3
CUP 910-21, David Hermens Wireless Telecommunication Tower
January 27, 2022
Planning and Zoning: The Frederick County Zoning Ordinance allows for the construction of
telecommunication facilities in the RA Zoning District only with an approved Conditional Use
Permit (CUP). The subject application has been applied for to address and abate a zoning
violation due to the construction of a 90' telecommunication tower for wireless internet
communication without first obtaining a CUP. Approval of a CUP by the Board of Supervisors is
one avenue to abate this violation.
This tower is located on a 2.4+/- acre property that is zoned RA (Rural Areas) Zoning District
and primarily used for residential purposes. The Comprehensive Plan provides guidance when
considering any land use action. The Comprehensive Plan identifies this area of the County to
remain rural and is not part of any current land use study. The properties immediately adjacent
to this proposed CUP are also zoned RA and are utilized for residential uses.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 10/20/21
MEETING:
Staff provided an overview of the application and the proposed conditions. The Commission
inquired about the fall radius of the proposed tower and who constructed the tower. The
Applicant came forward to address questions, it was later noted that the tower was constructed
by Winchester Wireless. During the public hearing, no one came forward to speak. The
Commission noted concern that the tower was constructed without a permit and the number of
homes that this tower would serve. The Applicant stated that the tower was not intended to serve
other homes but noted the condition regarding collocating.
A motion made by Commissioner Jewell and seconded by Commissioner Oates to deny this
application.
Yes: Jewell, Brumback, Kozel, Manuel, Oates, Thomas, Triplett, Mohn, Kenney
No: Dawson, Morrison
(Note: Commissioner Molden was absent from the meeting.)
BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 11/10/21
MEETING: This application was postponed from the Board of Supervisors November 10, 2021
meeting to the February 9, 2022 meeting.
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
CUP # 10 - 21 : David Hermens
PIN: 60A - 2A - A - 16
90' Wireless Cell Tower
Zoning Map
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Application 1
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Frederick County Planning&Development
_ 107 N Kent St
Winchester,VA 22601
540-665-5651
0 75 150 300 Feet Map Created:September 24,2021
CUP # 10 - 21 : David Hermens
PIN: 60A - 2A - A - 16
90' Wireless Cell Tower
Location Map
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Application 1
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Frederick County Planning&Development
_ 107 N Kent St
Winchester,VA 22601
540-665-5651
0 75 150 300 Feet Map Created:September 24,2021
Submittal Deadline
P/C Meeting I
BOS Meeting I� to
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY,VIRGINIA
1. Applicant(check one): Property Owner_.[Vol Other
NAME: David Hermens
ADDRESS: 101 Greenway Court
TELEPHONE: Home 540-877-1642 Cell 703-201-8454
2. Please list all owners, occupants,or parties in interest of the property:
David Hermens
Paula Hermens
Samuel Hermens
3. The property is located at: (please give exact directions and include the route number of
your road or street)
Take exit for Wardensville Grade(608)off of route 50 West about 15 miles from West Virginia border.Drive for 5 miles to Manor
Drive Oust past the lake).Turn right onto Manor drive and then right onto Greenway Court.Turn left into driveway of 101
Greenway Court.
4. The property has a road frontage of_feet and a depth of_feet and
consists of acres. (Please be exact)
5. The property is owned by David and Paula Hermens as
evidenced by deed from Randal and Wanda Whitt (previous owner) recorded in
deed book no. on page as recorded in the records of the Clerk of the
Circuit Court, County of Frederick.
6. Property Identification Number(P.I.N.)60A-2A-A-165
Magisterial District Back Creek
Current Zoning RA
5
7. Adjoining Property.
USE ZONING
North Orivate Residence RA
East Private Residence
South unoccupied
West Unoccupied RA
8. The type of use proposed is(consult with the Planning Dept. before completing):
9. It is proposed that the following buildings will be constructed:
10. The following are all of the individuals, firms, or corporations owning property
adjacent to both sides and rear and in front of(across street from) the property
where the requested use will be conducted. (Continue on back if necessary.)
These Leople will be notified by mail of this a lication:
Name and Property Identification Number
Address
N NameBrian and Michelle Ritter 102 Greenway Court
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ne
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Property# Map# 60A 2A A I Winchester, VA 22602
rNlameCharles and Jacqueline Spaid 224 Manor Drive
Property
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Property#Map# 60A 2A A 23 Winchester, VA 22602
Name High View One 341 Manor Dr.
Property 00 -,ZA -,4.q Winchester, VA 22602
Name High View One 341 Manor Dr.
Property#. / -z Winchester, VA 22602
Name High View One 341 Manor Dr.
'51 Winchester, VA 22602
Property#,- /
Name High View One 341 Manor Dr.
Property#,611X-2-/3-A Winchester, VA 22602
Name Hi h View One 341 Manor Dr.
Winchester, VA 22602
Property 2-/3-,q
eel,0,4 -/3,--,4- 3, 6 High View One 341 Manor Dr. Winchester, VA
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.
(see attached sheets; aerial view, tower location and surveyor's plat)
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102.7 ft
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Location f 208 8
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12. Additional comments,if any: None at this time.
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 Departm t to inspect your operty where the proposed use will be
conducted. f
Signature of Applicant
Signature of Owner
1-01 v
Owners'Mailing Address Greenway Court
Owners'Telephone No. 540-877-1642 (Cell 703-201-8454)
TO BE COMPLETED BY THE ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
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REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Inspections Department Nz.
Mail to: Hand deliver to:
Frederick County Inspections Department Frederick County Inspections Department
107 North Kent Street,fd Floor Attn: Building Official
Winchester,Virginia 22601 107 North Kent Street,2nd Floor
(540)665-5650 Winchester,Virginia
Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also,please attach two (2)copies of your application form, location map and
all other pertinent information.
Applicant's Name: ,-/Telephone:- -7X--
V7164Z
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Mailing Address: 101
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Building Official's Comments:
Vie .
Building Official's Signature&Date:
Notice to Inspections Department-Please Return This Form to the Applicant
12
Conditional Use Permit for installation of a communication tower shall be designed per the 2015
Virginia Building Code(VBC),U-Utility Use Group.
Tower installation requires permits. Plans submitted for permits may require the design to be
sealed by a Registered Design Professional licensed in the State of Virginia. Antennas,if
applicable,shall be designed for the applicable loads as required in Chap 16 VBC.
Tower shall be located such that guy wires and other accessories shall not cross or encroach upon
any street or other public space,or over above ground electric utility lines,or encroach upon any
privately owned property without written consent. Tower shall be equipped with climbing and
working facilities in compliance with TIA-222. Access to the tower sites shall be limited as
required by applicable OSHA,FCC and EPA regulations.
Special Inspections may be required,please note the requirements in Chapter 17 of VBC for
special inspection requirements on the type of structure. (Soils,concrete etc..).
S:\Site Pian comments12015\CUP Tower Private.doc
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Fire Marshal
Mail to: Hand deliver to:
Frederick County Fire Marshal Frederick County Fire&Rescue Dept.
1800 Coverstone,Drive Attn:Fire Marshal
Winchester,Virginia 22602 Public Safety Building
(540) 665-6350 1800 Coverstone Drive
Winchester, Virginia
Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also,please attach two (2)copies of your application form, location map and
all other pertinent information.
Telephone: 7AXplicant's Name:
Mailing Address: � C..� . ' r�.1
Name of de I
opment and/or description of the request*//- t lz::�,'11/1 1/1 Zell— V
A,1C--4 C--tL– L
Locati of pertv:
Fire Marshal's Comments:
Fire Marshal's Signature&Date:
Notice to Fire Marshal-Please Return This Form to the Applicant
11 1��4 CErVED
JUN 2 3 ZRI
{- Frederick County Fire and Rescue Department
} Office of the Fire Marshal
4�Q!G1c.roa 1080 Coverstone Drive
Winchester,VA 22602
Phone: 540-665-6350 Fax: 540-678-4739
fmo@fcva.us
Plan review
Conditional Use
Status: Approved
Main Contact
David Hermens
101 Greenway Ct
Winchester,Virginia 22602
Phone: 540-577-1642
Printed Date: 06/3012021
:General Information
Received Date: 06/23/2021 Occupancy Type: Residential
Review Begin Date: 06130/2021 Property Use: 1 or 2 family dwelling
Review End Date: 06/30/2021 Activity Number: 1061054
Hours: 1.0000 Review Cause: New Construction
A '
Project Name 90'Tower
Adam Hounshell
Lieutenant/Assistant Fire Marshal
Page 1 of 1
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REQUEST FOR CONDITIONAL USE PERMIT COMMENTS f
Winchester Regional Airport
Mail to: Hand deliver to:
Winchester Regional Airport Winchester Regional Airport
Attn: Executive Director Attn: Executive Director
491 Airport Road 491 Airport Road
Winchester, Virginia 22602 (Rt. 645, off of Rt. 522 South)
(540) 662-2422 Winchester,Virginia
Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also,please attach two (2) copies of your application form, location map and
all other pertinent information.
Applicant's Name: _ 1 r' '� Telephone:
` `?1
Mailing Address:
Na o ve ent and/or descr ion f the es
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Location of perty:
Winchester Regional Airport Comments:
Winchester Regional Airport- Signature& Date: 1•
Notice to Winchester Regional Airport-Pie o Applicant
16