HomeMy WebLinkAboutPC 08-04-99 Meeting AgendaAGENDA
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The Board Room
Frederick County Administration Building
Winchester, Virginia
AUGUST 4, 1999
7:00 P.M. CALL TO ORDER TAB
1) Application Action Summary ........................................... A
2) Committee Reports ............................................... (no tab)
3) Citizen Comments.................................................(no tab)
PUBLIC HEARING
4) Conditional Use Permit #03-99 of SBA, Inc. (Richard M. Cooley Property) to erect a
250' self-supporting lattice tower telecommunication facility. This property is located at
173 Catlett Lane, and is identified with Tax Map Number 1-6A (Warren County parcel
number), a portion of which extends into Frederick County within the Opequon Magisterial
District. (Continuation of a Public Hearing; tabled at the 4-7-99 and 7-7-99 meetings)
(Mr. Ruddy) ........................................................ B
5) Conditional Use Permit #12-99 of VA PCS Alliance/CFW Intelos for a 195' monopole
telecommunications tower. This property is located at 3100 Berryville Pike
(Frederick/Winchester Service Authority, Opequon Water Reclamation Facility) and is
identified with Property Identification Number 56-A-19 in the Stonewall Magisterial
District.
(Mr.Ruddy) ........................................................0
6) Conditional Use Permit #06-99 of the Winchester Chapter of the Izaak Walton
League for an outdoor recreation area to include a shooting area and wildlife reserve. This
property is located at 2863 Millwood Pike and is identified with Property Identification
Number 77-A-72 in the Shawnee Magisterial District. (Continuation of a public hearing;
tabled at the May 5, 1999 meeting)
(Mr. Mohn)........................................................ D
2
7) Conditional Use Permit #11-99 of W. IL Barney, Jr. for a Cottage Occupation to
operate an antiques restoration business. This property is located at 341 Gainesboro Road
and is identified itli Property Identificatio.. Number 29-A-103 in the Gainesboro
Magisterial District.
(Mr.Cheran)........................................................ E
8) Amendment of Rezoning #015-98 of Jack K. Wampler to rezone 0.69 acres of a 20 -acre
parcel from B3 (Industrial Transition) District to RA (Rural Areas) District and to amend
the proffers that were adopted by the Board of Supervisors on December 9, 1998. This
property is located on the west side of Martinsburg Pike (Route 11), approximately 0.5
miles south of the intersection with Hopewell Road (Route 672), and is identified with
Property Identification Number 33 -A -164D in the Stonewall Magisterial District.
(Mr. Wyatt)..........................................................F
PUBLIC MEETING
9) Waiver Request, submitted by Greenway Engineering, from cul-de-sac length requirement,
Chapter 144 - Subdivision Ordinance, 144-17 - Streets G.(1) cul-de-sacs for the Orndofl'
Rural Preservation Subdivision.
(Mr. Ruddy) ......................................................... G
10) Other
APPLICATION ACTION SUMMARY
(printed July 21, 1999)
Application ation ne1
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REZONINGS•
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06/11/99
W. side of Martinsburg Pk. (Rt. 11), about 0.5 mi. so. of the
Location:
BOS Review:
intersection w/ Hopewell Rd. (Rt. 672)
Submitted:
07/09/99
PC Review:
08/04/99
BOS Review:
08/25/99 - tentatively scheduled
Lenoir City Co. of VA
Z #13-99
Gainesboro
T,A
7.5 ac. from MH1 to Ml; 25.7 ac. from
to M1 for industrial develo ment
Location:
Stonewall Industrial Park; no. of intersection of Welltown Pk. &
McGhee Rd.
Submitted:
06/11/99
PC Review:
07/07/99 - recommended approval w/ proffers
BOS Review:
08/25/99
Dave & Viola Orndorff
(REZ #14-99
Shawnee 6.0 ac from RA to B2
Location:
On the south side of Tasker Rd. and on both sides of Tadpole Ln.
Submitted:
06/14/99
PC Review:
07/07/99 - recommended approval w/ proffers
BOS Review:
08/25/99
Ronald S. & Velma D.
Simkhovitch Z #11-99
Stonewall
Rezone 1.836 ac. of 3.362 ac. tract from
M1 to RA for residential use (garage)
Location:
NW side of Martinsburg Pk. (Rt. 11), approx. 0.5 mi. north of the
intersection with Old Charles Town Rd. (Rt. 76 1)
Submitted:
05/03/99
PC Review:
06/02/99 - recommended approval
BOS Review:
07/14/99 - approved
Manuel C. & Pearl A. DeHaven
& W.D. & Dorothy Orndorff
(REZ 10-99
Stonewall
9.4382 acres from M2 to B3 and .8263
acres from RA to 133;
10.2645 ac. of IA Overlay District
Location:
500'+ so. of intersection of Rest Church Rd. (Rt. 669) & Martinsburg
Pk. (Rt. 11), betwn Rt. 11 & I-81, & continuing so. to Duncan Run.
Submitted:
04/13/99
PC Review:
05/05/99 - recommended approval with proffers
BOS Review:
05/26/99 - tabled
Lynnehaven (REZ #007-99)
Stonewall
81.4 ac. from RA to RP for 203 s.f. homes;
10.0 ac. from RA to B2 for commercial use
Location:
West of Beans Pond Ln., 400' from the intersection with Senseny Rd.,
& adjacent to the Carlisle Heights subdivision
Submitted:
02/05/99
PC Review:
03/03/99 - tabled; applicant waived time requirement
BOS Review:
not yet scheduled
Applications Action Summary
Printed July 20, 1999
Sheppard/ Futral
(REZ #006-99
Stonewall
132.70 ac. from RA to RP for 293
single -family homes
Location:
On Eddy's Ln. (Rt. 820), approx. 0.8 mi. from the intersection with
Valley Mill Road
Submitted:
02/05/99
PC Review:
03/03/99 - tabled; applicant waived time requirement
BOS Review:
not yet scheduled
Giles Farm (REZ #005-99)
Stonewall
140.2 ac from RA to RP for 350 s.f. homes;
12.0 ac. from RA to 132 for commercial use
Location:
No. side of Senseny Rd., 850' east of Beans Pond Ln., across from the
Burning Knolls & C.M. Lockhart subdivisions, & adj. to the Bedford
Village & Apple Ridge subdivisions.
Submitted:
02/05/99
PC Review:
03/03/99 - tabled; applicant waived time requirement
BOS Review:
not yet scheduled
MASTER (DEVELOPMENT PLANS:
Applications Action Summary
Printed July 20, 1999
Commonwealth Business Center
(MDP #03-99
Back Creek
Industrial Park on 37.2759 ac. (113)
Location:
3657 Valley Pike
Submitted:
05/11/99
PC Review:
07/07/99 - recommended approval
BOS Review:
07/14/99 - approved
Admin. Approved:
07/19/99
Oakdale III, Raven Pointe, Raven
Oaks, Ravenwin DP #02-99)
Shawnee
1
668 residential dwelling units on 247
1 acres of RP -zoned land
Location:
North side of Rt. 50, East of Winchester
Submitted:
05/11/99
PC Review:
06/02/99 - recommended approval
BOS Review:
07/14/99 - approved
Admin. Approved:
Pending
SUBDIVISIONS:
Costello Drive Subdivision
(Garber Trust) (SUB #18-99)
Shawnee
1
Subdivision of 8.88 acres into 8 lots
1 (B2)
Location:
East side of Rt. 522, approx. 1,500' south of Rt. 50
Submitted:
06/16/99
MDP #005-94
MDP approved by BOS 09/14/94; MDP admin. approved 10/25/94
Subd. Admin. Approved:
Pending
Applications Action Summary
Printed July 20, 1999
Commonwealth Business Center
(SUB #15-99)
Back Creek
Subdivision of 5 lots (37.28 ac.) for a
business park (B3)
Location:
3657 Valley Pike
Submitted:
05;14/99
MDP #03-99
Approved by BOS 07/14/99; Admin. Approved 07/19/99
Subd. Admin. Approved:
Pending
Central Coca-Cola Bottling Co.,
(SUB #17-99)
Back Creek
Subdivision of 63.51 aqurlots]Inc.
(MI)
Location:
West of the intersection of Shady Elm Road (Rt. 6
Valle Road (Rt. 652)
Submitted:
05/27/99
MDP #002-98
MDP approved by BOS 05/13/98; MDP approved admin. 05/20/98
Subd. Admin. Approved:
Pending
Merriman's Chase (SUB #13-99)
Back Creek
Subdivision of 26.895 ac. into 48
single- family residential lots (RP)
Location:
W. side of Merriman Ln. (Rt. 621), along Rt. 37 at Abrams Creek
and Winchester & Western Railroad
Submitted:
04/26/99
MDP #006-98 (formerly known
as Willow Branch)
Approved by BOS 01/13/99; Admin. Approved 02/12/99
Subd. Admin. Approved:
Pending
Applications Action Summary
Printed July 20, 1999
Oakdale Crossing H
(SUB #12-99)
Shawnee Subdivision of 24.83 ac into 51 single -
1 1 family detached lots (RP)
Location: IF—So.
of existing Oakdale Crossing, off of Senseny Rd. (Rt. 656)
Submitted:
03/3i/99
MDP #01-99
Approved by BOS 03/10/99; Administrative Approval Pending
Subd. Admin. Approved:
Pending
The Camp/Tasker Rd. (JASBO,
Inc. /F. Glaize) (SUB #011-99)
Opequon
1
Subdivision of 50.52 ac. into 170
1 single-family residential lots (RP)
Location:
So.west comer of Tasker Rd. (Rt. 642) & White Oak Rd. (Rt. 636)
Submitted:
02/18/99
MDP #004-98 (rasker Rd. Land Bays)
1 MDP approved by BOS 07/08/98; MDP approved admin. 09/04/98
Subd. Admin. Approved:
Pending
Fort Collier - Lot 32
(SUB #009-99)
Stonewall
Subdivision of 1 lot consisting of
1 4.7374 acres (Ml)
Location:
Property fronts the northwest comer of the intersection of Brooke
Rd. (Rt. 1322) & West Brooke Rd. (Rt. 1320)
Submitted:
01/29/99
MDP #004-91
MDP approved by BOS 10/09/91; admin. approved 11/22/91
Subd. Admin. Approved:
Pending
Stonewall Industrial Pk. - Lot 32
(SUB #006-99)
Gainesboro
Subdivision of 1 lot consisting of
1 5.4455 ac. (Ml)
Location:
Corner of Century Ln. (Rt. 862) & Lenoir Dr. (F-732)
Submitted:
01/27/99
MDP #006-93
MDP approved by BOS 07/14/93; MDP admin. approved 07/28/93
Subd. Admin. Approved:
Pending
Applications Action Summary
Printed July 20, 1999
- Section I
-99)
Shawnee
Subdivision of 24.5524 ac. into 60 lots
for single-family det. traditional homes
rKnEates
Northwest comer of intersection of White Oak Rd. (Rt. 636) &
Macedonia Church Rd. (Old Rt. 642)
Submitted:
02/08/99
98 Cr�sk� xa. Land Bays)
MDP approved by BOS 07/08/98; MDP admin. approved 09/04/98in.
Approved:
Pending
Tybrooke, L.C. (SUB #03-99)
NO MDP
Gainesboro
2 Lots; TI. Acreage 4.1277 (132 & RA)
Location:
Front Royal Pk (Rt. 522) at Albin; 1 mile N. of Winch. Bp (Rt. 37)
Submitted:
01/22/99
PC Review:
03/17/99 - recommended approval
BOS Review:
04/12/99 - approved
Subd. Admin. Approved:
pending
Autumn Glen, Sect. I
(SUB 015-98)
Opequon 21 lots - duplex & multiplex (52
dwellings) on 14.8 ac. (RP)
Location:
South side of Tasker Rd. (Rt. 642), 0.25 mi. East of Rt. 647
Submitted:
06/30/98
MDP#004-98 (Tasker Rd Land Bays)
MDP approved by BOS 07/08/98; MDP Pending Admin. Approval
Subd. Admin. Approved:
Phase I approved on 11/04/98 for 21 dwellings
Applications Action Summary
Printed July 20, 1999
Mark & Rachelle Repine
(SUB #00498) NO MDP
Shawnee
I
Subdivision of 1.3719 ac. into 3 s.f.
I lots (RP)
Location:
Heritage Hills Subd.; along the eastern portion of Idlewood Drive
Submitted:
01/26/98
PC Review:
02/18/98 - recommended approval
BOS Review:
03/11/98 - approved
Admin. Approved:
Pending
Lenoir City Co. Lot 2; Stonewall
Indust. Pk. SUB #007-9
Gainesboro
Subdivision of a 2.6584 ac. lot (Ml)
Location:
McGhee Rd. (Rt. 861); approx. 1,000' from Tyson Dr. intersection
Submitted:
07/28/97
MDP #006-93
Approved by BOS 07/14/93; Admin. Approved 07/28/93
Subd. Admin. Approved:
Pending
Dominion Knolls (SUB #005-97)
Stonewall
75 s f. zero lot line lots on 20.278 ac.
Location:
So.west corner of Baker Ln. (Rt. 1200) & Ft. Collier Rd. (Rt. 1322)
Submitted:
05/16/97
MDP #001-97
Approved by BOS 04/09/97; Admin. Approved 06/30/97
Subd. Admin. Approved:
Section 1 (25 lots) approved 06/02/98; Sections 2 & 3 Pendin
Winchester -Fred Co. IDC (SUB)
[Back Creek
2 Ml Lots (0.552 acres & 20.285 acres
Location:
Southeast side of Development Lane
Submitted:
09/08/95
MDP #003-87:
roved b BOS 07/08/87; Admin. Approved 06/08/88
PendingAdmin. Approval
[Awifinsi ned plats.
Applications Action Summary
Printed July 20, 1999
Abrams Point, Phase I SUB
Shawnee
1 230 SF Cluster & Urban Lots
Location:
South side of Rt. 659
Submitted:
05/02/90
PC Review:
06/06/90 - recommended approval
BOS Review:
06/13/90 - approved
Pending Admin. Approval:
Awaiting deed of dedication, letter of credit, and signed plat
Harry Stimpson (SUB) I
FORequon
Two B2 Lots
'1
Location:
Town Run Lane
Submitted:
09/23/94
PC Review:
10/19/94 - recommended approval
BOS Review:
10/26/94 - approved
Pending Admin. Approval:
Awaiting signed plat.
SITE PLANS:
Applications Action Summary
Printed July 20, 1999
. . . . . . . . . . . . . . . . . . .
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- - - - - - - - - - - - - - .............
Location:
992 Millwood Pike
Submitted:
07112/99 11
Approved:
Pending
.......
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. . . . . . . . . . ...........
Location: Fairfax Pike (Rt. 277)
Submitted: 07/14199
1 Approved: I Pending
.Ell .. ........
U
................ ..............
......... ------- ...... ...
Location: .188 Brooke Road
Submitted: 07/08199
Approved: Pending
Applications Action Summary
Printed July 20, 1999 10
............. . . . . . .
.. . . . . . . . .
Location:
4490 Valley Pike
ubm, ed:
Submitted:
07/14199
A roved:
Pending
.Ell .. ........
U
................ ..............
......... ------- ...... ...
Location: .188 Brooke Road
Submitted: 07/08199
Approved: Pending
Applications Action Summary
Printed July 20, 1999 10
Applications Action Summary
Printed July 20, 1999 11
Location: [Rt. 11
Submitted: 06/24/99
P
Approved: Pending
General Parts, Inc. (SP #29-99)
Back Creek
9.27 -ac. parcel to be developed for
I warehouse/office/wholesale (B3)
Location:
East side of Valley Ave. (Rt. 11S), approx. 500' north of Rt. 37
Submitted:
06/16/99
Approved:
Pending
Greenwood Volunteer Fire Co.
(SP #28-99)
Shawnee 11,400 sq.ft. addition to existing bldg.;
1 2.66 ac. developed or 4.00 ac. parcel (RA)
Location:
1366 Greenwood Road
Submitted:
06/08/99
L Approved: 11
Pending
Applications Action Summary
Printed July 20, 1999 12
Special Trades Buildings (Kim
Henry property) (SP #27-99) 11
Stonewall
14,400 sq.ft. and 10,000 sq.ft. bldgs;
warehouse w/ accessory office (B3)
Location:
Fort Collier Road, near Baker Lane
Submitted:
06/11/99
Approved:
Pending
VA Employment Commission
(SP #26-99)
Shawnee
8,783.11 sq.ft. office complex on 1.50
ac. (B2)
Location:
100 Premier Place
Submitted:
06/09/99
Approved:
Pending
Golden Corral (SP #25-99)
Shawnee
9,952 sq.ft. restaurant on 2 acres (B2)
Location:
120 Costello Drive
Submitted:
06/02/99
Approved:
Pending
Omps Funeral Home (SP #24-99)
Opequon
7,098 sq.ft. funeral home on 1.3965 ac.
parcel (B2)
Location:
W. side of Rt. 522S., approx. 500' north of Papermill Rd. (Rt. 644)
Submitted:
06/03/99
Approved:
Pending
Winc.-Fred. Co. Chptr. of the
American Red Cross (SP #23-99)
Stonewall
16,160 sq.ft. office facility on 2.0213
ac. parcel (B2)
Location:
E. side N. Frederick Pk; approx. 1/4 mi. N. of Winc. Corp. limits
Submitted:
05/13/99
Approved:
Pending
Applications Action Summary
Printed July 20, 1999 13
Winchester Church of Christ at
Mountain View (SP #22-99)
Back Creek
1
Modular classroom addition; 0.10 ac.
1 developed of 29.3924 ac. site (RA)
Location:
153 Narrow Lane
Submitted:
06/01/99
Approved:
Pending
Shade Equipment Co., Inc.
(SP #21-99)
Stonewall Paint shop & parking addition; 1.5 ac.
1 developed of a 6.136 ac. site (Ml, M2)
Location:
1237 Martinsburg Pike
Submitted:
06/01/99
Approved:
Pending
Rosedale Baptist Church SP
Revision (SP #20-99)
Back Creek.
Training cntr. & storage bldg; 0.22 ac.
1 to be developed of a 5.44 ac. tract(RA)
Location:
2581 Northwestern Pike
Submitted:
05/26/99
Approved:
07/19/99
Burning Tree Apts. & Town-
houses (SP #19-99)
Shawnee Apartments on 1.3 acres (RP)
Location:
Williamson Road (Rt. 1213)
Submitted:
05/26/99
Approved:
Pending
Applications Action Summary
Printed July 20, 1999 14
Valley Farm Credit Office
Complex (SP #18-99)
Back Creek
16,115 sq.ft office facility on a 2.0 ac.
parcel (B2)
Location:
Kernstown Business Pk.; Prosperity Dr.; Lot 16; Section I
Submitted:
05/20/99
Approved:
Pending
Apostolic United Pentecostal
Church (SP #17-99)
Stonewall
11
Church expansion on 2.87 ac. parcel
1 (RP)
Location:
189 Parson Court
Submitted:
04/28/99
Approved:
07/01/99
Back Creek Elementary School
(SP #16-99)
Back Creek
35.89 ac. to be disturbed on a 37.75
ac. site (RA)
Location:
Middle Road (Rt. 628)
Submitted:
04/26/99
Approved-
Pending
Airport Warehousing at Arbor
Court (SP #15-99)
Shawnee
7.5 ac. to be developed of a 7.8 ac. site
for a warehouse (Ml)
Location:
321 Arbor Court
Submitted:
04/15/99
Approved:
Pending
Applications Action Summary
Printed July 20, 1999 15
Valley Industrial Plastics, Inc.
(SP #14-99)
Back Creek
208,864 s.f. to be disturbed of a 8.91
ac. parcel for a 31,075 s.f. industrial
bldg. (MI)
i Location: 11
690 Shady Elm Road i
Submitted:
03/26/99
Approved:
07/02/99
Ralph Gregory/Aylor Rd. Site
(SP #008-99)
Opequon
3,395 s.f. one-story retail/office bldg;
1 .70 ac. developed on .70 ac. site (B2)
Location:
Between I-81 & Rt. 647 at the intersection of Rt. 647 & Rt. 641
Submitted:
02/11/99
Approved:
Pending
Monoflo, Inc. (SP #02-99)
Stonewall
78,000 sq. ft. addition; 5 ac.
developed; (MI)
Location:
882 Baker Lane
Submitted:
01/15/99
Approved:
06/24/99
America House Assisted Living
(SP #073-98)
Opequon
Assisted living facility/4.6 ac.
1 developed on 73.4749 ac. site (RP)
Location:
South side of Tasker Rd. (Rt. 642); 1,100 feet east of Aylor Rd. (Rt.
647)
Submitted:
12/02/98
Approved:
Pending
Applications Action Summary
Printed July 20, 1999 16
Kim Henry Property - Mini
Warehouse (SP #057-98)
Stonewall
r7j54 s.f. warehouse; 4 ac. developed
7.74ac. site (B3)
Location:
Intersection of Baker Lane & Fort Collier Road
Submitted:
08/26/98
Approved:
IL Pending
Moffett Property (SP #050-98)
Stonewall
11
Metal warehse. addition (4,800 g.s.f.);
1 1.392 ac. site; 0.465 disturbed (B3)
Location:
1154 Martinsburg Pike
Submitted:
07/21/98
Approved:
Pending
T.P. & Susan Goodman
(SP #04498) 11
Stonewall
Hackwood/ Minor Site Plan (RA)
1
Location:
534 Redbud Road
Submitted:
06/10/98
Approved:
Pending
Southeast Container (SP #001-98)
Stonewall District
Parkin7Lot; 0.2 ac. Disturbed on a
89.6 aMl)
Location:
It. Collier Industrial Park
Submitted:
01/06/98
Approved:
Pending
Applications Action Summary
Printed July 20, 1999 17
Agape Christian Fellowship
Church Sanctuary (SP #005-97
Shawnee
Church Expansion; 2.5 ac. to be
developed of a 29.5115 ac. site
Location:
East side of Rt. 642; approx. 2,500' so. of the Rt. 37/1-81 Interch .
Submitted:
02/12/97
Approved:
Pending
Shenandoah Bldg. Supply
SP #056-96
Gainesboro
Warehouse on 5 acres (Ml)
Location:
195 Lenoir Drive (Stonewall Industrial Park)
Submitted:
12/16/96
Approved: Ip
Pending
Stimpson/Rt. 277 Oil & Lube
Service SP #030-96
Opequon Oil & Lube Serv., Car Wash, Drive -
Thru on 2.97 ac. 2
Location:
152 Fairfax Pk. (behind Red Apple Country Store)
Submitted:
07/03/96
Approved:
Pending
AMOCO/House of Gifts
SP #022-96
Gainesboro
Gas Pump Canopy 880 sq. ft. area of a
0.916 acre parcel
Location:
3548 North Frederick Pike
Submitted:
05/08/96
Approved:
Pending
American Legion Post #021
SP #018-96
Stonewall
Addition to lodge building on 3.4255
acre site 2
Location:
1730 Berryville Pike
Submitted:
04/10/96
Approved: Ip
Pending
Applications Action Summary
Printed July 20, 1999 18
CONDITIONAL USE PERMITS:
pig":
Shawnee Cottage Occupation - Limousine
Service (RP)
P
4Wn'
Submitted:
Me
......... ..
. ...........
Location:
3100 Berryville Pike
Submitted:
07/09/99
PC Review:
08/04/99
BOS Review:
08/25/99 - tentatively scheduled
pig":
Shawnee Cottage Occupation - Limousine
Service (RP)
P
4Wn'
Submitted:
05/24/99
......... ..
..... ..
Location:
341 Gainesboro Road
Submitted:
07/06/99
PC Review:
08/04/99
BOS Review:
08/25/99 - tentatively scheduled
Glen & Natalie Miller
(CUP #10-99)--
Shawnee Cottage Occupation - Limousine
Service (RP)
Location:
1100 Front Royal Pk; 415' north of Westwood Dr., on the west side
of Rt. 522
Submitted:
05/24/99
PC Review:
07/07/99 - recommended approval
BOS Review:
08/25/99
Albert M. Muff (CUP #09-99) IFGainesboro
Cottage Occup./ Cabinet -Making (RA)
Location:
156 Three Creeks Road
Submitted:
05/07/99
PC Review:
06/02/99 - recommended approval w/ conditions
BOS Review:
07/14/99 - approved w/ conditions
David E. & Cheri A. Carter, Sr.
(CUP #08-99)
Back Creek Cottage Occupation (RA)
Location:
173 Heartwood Drive
Submitted:
05/10/99
PC Review:
06/02/99 - recommended approval w/ conditions
BOS Review:
07/14/99 - approved w/ conditions
Winchester Chapter of the Izaak
Walton League (CUP #06-99)
Shawnee Outdoor Recreation Area to include a
1 1 shooting range & wildlife reserve (RA)
Location:
2863 Millwood Pike
Submitted:
03/17199
PC Review:
05/05/99 - tabled for 90 days until 08/04/99; withdrawn by the
applicant on 07/19/99
BOS Review:
n/a
SBA, Inc. (Richard Miller
Property) (CUP #03-99)
Opequon
1
Commercial Telecommun. Facility:
250' self-supporting lattice tower (RA)
—Cooley
Location:
173 Catlett Lane, Middletown
Submitted:
03/12/99
PC Review:
04/07/99 - tabled at the applicant's request for 90 days to 07/07/99;
07/07/99 - tabled at the applicant's request for 30 days to 08/04/99
BOS Review:
not yet scheduled 11
Applications Action Summary
Printed July 21, 1999 20
SBA, Inc. (Raymond L. Fish
property) (CUP #02-99)
Stonewall (B3)
Commercial Telecommunication
Facility:180' self-su pporting monopole
Location:
Submitted:
No. on I-81 to Exit 321, Hopewell Rd. (Rt. 672E) to first right at
Kingdom Farm sign.Follow road to end past AA Mobile Market to site,
1
03/12/99
PC Review:
04/07/99 - tabled at the applicant's request for 90 days to 07/07/99
07/07/99 - withdrawn by the applicant
BOS Review:
n/a
VARIANCES:
Location: 11 152 Lusitano Lane
Submitted: 11 06/16/99
BZA Review: 11 07/20/99 -
Applications Action Summary
Printed July 21, 1999 21
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/678-0682
MEMMUNDUM
To: Frederick County Planning Commission
From: Michael T. Ruddy, Zoning Administrator
Subject: CUP #03-99, SBA, Inc. - Richard Cooley Property
Date: July 23, 1999
In preparation for compiling this agenda, staff contacted the applicant concerning the availability of
the anticipated additional information offered at the July 7, 1999 Planning Commission meeting in
support of the above referenced Conditional Use Permit application. As you are aware, the applicant
requested a tabling of 30 days at that meeting. For reasons specified in the attached letter from
Michelle A. Rosati, the information is not completely available at this time.
The applicants anticipate having the information available to present at the Planning Commission
meeting on August 4, 1999. This is the meeting to which the application was tabled. However, it is
staff's belief that this will give the Planning Commission insufficient opportunity to review and
consider this new information. Therefore, staff would recommend tabling this application for an
unspecified period of time, to be rescheduled only when all the necessary information has been
provided to the Planning Department. In its current form, staff maintains that the application does
not adequately address the requirements of the Zoning Ordinance as they pertain to Commercial
Telecommunication Facilities. It is the applicant's belief that the additional information will
demonstrate the need for the facility at this location.
Please let me know if you need any additional information at this time.
107 North Kent Street • Winchester, Virginia 22601-5000
N-TICHAEL HORWATT COZ AssoCIATES P.C.
8230 GREENSBORO DRIVE, SUITE 601
MICHAEL S. I-IORWATT MCLEAN, VIRGINIA 22102
703 749-6060
ADMITTED IN VIRGINIA AND
THE DISTRICT OF COLUMBIA
FACSIMILE: 703 749-6063
DIRECT DIAL 703 749-6061
E-MAIL: MSH@HORWATTASSOC.COM
July 20, 1999
Frederick County, Virginia
Department of Planning and Development
107 North Kent Street
Winchester, Virginia 22601
ATTN: Michael T. Ruddy
RE: Conditional Use Permit #03-99
SBA, Inc., Applicant
173 Catlett Lane, Middletown
Tax Map No. 1-6A (Warren County parcel number)
Dear Mr. Ruddy:
MICHELLE A. ZOGATI
ADMITTED IN VIRGINIA
DIRECT DIAL 703 749-6062
E-MAIL: MAR@HORWATTASSOC.COM
JUL2 2 1999
DEPT OF PLAtINING/DEVELOPMENT
As we discussed, I have transmitted this letter as an update to the materials in the application
which relate to Triton's need for the proposed site.
Triton is performing a drive test of the proposed site today. This involves the erection of a crane
which will support the testing antennas from which field measurements of RF propagation can be made.
This will enable Triton to demonstrate the technical need for the proposed site. Unfortunately, the advance
time required to schedule and carry out such a test have resulted in a delay in the completion of the
engineering study pending this test's completion. On the positive side, the results will give more thorough
and comprehensive data about the coverage which will result from this site; conversely, it will demonstrate
what is needed at this location to provide the needed coverage.
The applicants anticipate presenting the results from the engineering analysis at the Planning
Commission hearing scheduled for August 4. We anticipate that we can present a concise and compelling
argument for the approval of the site at that time, and will be prepared to respond to any questions of the
Planning Commissioners. Triton's radio frequency engineer will testify at the Planning Commission.
While we had anticipated submitting propagation studies in writing for the staff's review, we hope that
these studies will be sufficiently clear and compelling to provide meaningful testimony for the Planning
Commissioners to feel justified in recommending that the Board of Supervisors approve the proposed site.
In addition to this testimony, as Triton has stated in its July 6 letter, "The approval of SBA's
Special Use Permit will eliminate Triton's need to file an application to erect a structure in the general area
of the intersection of Route 66 and Interstate 81." Triton's assertion that it would need to file for and build
another tower should be considered compelling testimony by the Planning Commission. The expense,
delay and uncertainty involved in permitting and constructing a new tower are so significant that no
carrier would even consider doing so if there were any viable alternative. This is a fundamental
principle in the wireless telecommunications network development that cannot be emphasized enough.
Building just one new tower where a co -location opportunity exists would mean the unnecessary
expenditure of hundreds of thousands of dollars by carriers in a highly competitive and time -sensitive
industry. Likewise, a tower builder such as SBA would not pursue the approval and construction of a new
ADVOCACY ON LINE
WWW.HORWATTASSOC.COM
VASS 4179 Cedar Creek
tower unless not just one, but several carriers were certain to need it in the near future. In fact, the filing of
an application by a tower builder should be interpreted as a demonstration of widespread need for this
reason. The construction of a tower by a tower company is not financially feasible without a number of
carrier tenants; in addition, it would not make business sense to place money at risk if the tower company
were not virtually certain of a return. As a number of locally licensed carriers expressed at a recent
informationai meeting in another Virginia county, the filing of a zoning application for a new tower or
monopole should lead to a presumption of need by the county in light of these factors.
The applicant also anticipates presenting expert testimony that the CFW Tower near the proposed
site will not provide enough space for all of the carriers licensed to provide coverage in this area.
Considering the vertical separation required between carriers, especially cellular carriers, the CFW Tower
does not offer sufficient height capacity to fill this need. The applicant submits that the intersection of
Route 66 and Interstate 81 is likely the most highly traveled intersection in the Virginia Piedmont, and that
current and future demand for wireless coverage is significant. In light of this capacity demand, it is more
than conceivable that most carriers will ultimately need a second site to cover this intersection. Thus, the
current and future needs for co -locatable structures exceed the capacity of the CFW Tower.
The applicant hopes that the staff and Planning Commission will consider these factors when
reviewing the conditional use permit request. We anticipate that we will be able to address this issue fully
at the Planning Commission hearing.
Very truly yours,
kI
Michelle A. Rosati
MICHAEL HORWATT & ASSOCIATES, P.C.
Counsel for SBA, Inc., Applicant
VASS 4179 Cedar Creek
PC REVIEW: 04/07/99
BOS REVIEW: 04/28/99
CONDITIONAL USE PERMIT #03-99
SBA, INCORPORATED
(Richard M. Cooley)
LOCATION: This property is located at 173 Catlett Lane. Catlett Lane is a private road whose
access
MAGISTERIAL DISTRICT: (Opequon)
TAX MAP NUMBER: 1-6A (Warren County)
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas); Land Use:
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and A (Warren County
Agricultural); Land Use: Interstate Highway and Agricultural
PROPOSED USE: Erect a 250' self-supporting lattice tower telecommunication facility
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to conditional use permit for this property.
Existing entrance is adequate for proposed use; however, should use ever expand in the
future, the entrance may have to be upgraded to VDOT minimum commercial standards.
Inspections Department: Structure shall comply with the Virginia Uniform Statewide
Building Code and section 312, Use Group U (Utility) of the BOCA National Building
Code/1996. All plans submitted for permit shall include the seal for a Virginia License A/E.
Please note Chapter 17 of BOCA for special inspection requirements.
Fire Marshal: Emergency vehicle access must be maintained. Plan approval recommended.
Health Department: The Frederick County Health Department has no objection to this
proposal since the planned facility will not require sewage disposal facilities.
Sanitation Authority: We do not have any water or sewer facilities in this area. We do not
serve this area.
SBA, Inc. (Richard M. Cooley Property) CUP #03-99
Page 2
March 29, 1999
Winchester Regional Airport: See attached letter from Serena R. Manuel, Executive
Director, dated 2/23/99.
City of Winchester: No comments.
Planning and Zoning:
Background
The applicant proposes to build an 250' lattice Commercial Telecommunication Facility that
is designed to accommodate five to eight telecommunications carriers depending upon the
antenna configuration required by each carrier. The proposed facility will be located on a
15.4- acre parcel, part of which is in Frederick County, the remainder is in Warren County.
The actual tower will be located wholly within Frederick County. The Cooley property is
located adjacent to Interstate 81 and Interstate 66, in the northeastern quadrant of the
intersection of these two interstates.
Zoning Ordinance Requirements
Commercial Telecommunication Facilities are permitted in the RA (Rural Areas) zoning
district with an approved Conditional Use Permit. Frederick County's Zoning Ordinance
specifies that a CUP for a Commercial Telecommunication facility may be permitted provided
that residential properties, land use patterns, scenic areas and properties of significant historic
value are not negatively impacted. Furthermore, additional performance standards shall apply
to the CUP review in order to promote orderly economic development and mitigate the
negative impacts to adjoining properties.
Zoning Ordinance Conformance
The applicant is a developer of telecommunication infrastructure whose goal is to provide a
structure on which the licensed telecommunications providers can locate. With this in mind,
the applicant does not want to locate on existing structures. Their objective is to provide a
telecommunications facility in an area where there is a demonstrated need for such a facility.
It remains stair s belief that an inventory of existing telecommunication facilities in the area,
the identification of all licensee holders and service providers in the area, and the potential for
collocation opportunities on existing structures is information critical when determining the
need for additional Commercial Telecommunication Facilities. This information is required
by the Zoning Ordinance. The analysis of coverage need and the maps within the application
are insufficient to determine the adequacy of the search area, and the existing coverage and
capacity of the licensee holders in the vicinity of the proposed facility.
With the exception of the above and the required setback distances and proposed lattice
construction type discussed in the following sections, the proposed Commercial
Telecommunication facility conforms with the remaining requirements of the Zoning
Ordinance.
SBA, Inc. (Richard M. Cooley Property) CUP #03-99
Page 3
March 29, 1999
Request for setback waiver
The Zoning Ordinance requires that towers of 250' in height (as is proposed) be placed a
minimum of 275' from the Interstate 81 and Interstate 66 right-of-ways. The applicant is
requesting a waiver of the setbacks pursuant to Section 165-48.6.(B)l of the Zoning
Ordinance as they are proposing to locate the Commercial Telecommunication Facility
approximately 220' from the Interstate 81 right-of-way. Recognizing the setback requirements
on the parcel as a whole, it would be possible to locate the proposed Commercial
Telecommunication Facility on this property in conformance with the setback requirements.
The Planning Commission may reduce the required setback distance for Commercial
Telecommunication Facilities if it can be demonstrated that the location is of equal or lesser
impact. In this case, staff believes that the visual impact, in particular to the approximately
34,000 (1994 traffic count) vehicles driving along this section of Interstate 81 on a daily basis,
would be greatly increased by waiving the setback requirements. In addition, by moving the
tower to the west, it moves closer to the historically significant area south of the Town of
Middletown, the Cedar Creek Battlefield, and may become more visible from that location.
Further, the property does not contain physical characteristics that are exceptional, unique,
and extraordinary in comparison with other properties in the vicinity.
Request for construction -type waiver
Monopole -type construction is required for all new telecommunication towers. The Planning
Commission may allow lattice -type construction for new telecommunication towers that are
located outside of the Urban Development Area and are not adjacent to properties that are
historic sites. This property is located outside of the Urban Development Area but may be
visible from the Cedar Creek Battlefield, approximately 2,500' west of the proposed site. In
this case, it may not be appropriate to waive the monopole requirement.
Conformance with the requirements of Section 704 of the Telecommunications Act of
1996
The applicant is not a personal wireless service provider and has not demonstrated that this
is a personal wireless service providers facility. Therefore, the requirements of the
telecommunications act would not be applicable. However, it maybe appropriate to evaluate
this application in the manner a personal wireless service providers application would be
evaluated. The applicant's objective is the same as a personal wireless service provider's and
the economic viability of the construction of the tower is dependant upon addressing the
needs ofthe personal wireless service industry. The infrastructure developed by this applicant,
and other infrastructure developers, may be ofbenefit to the County and the personal wireless
service providers should it be clearly demonstrated that there is a need for the infrastructure
due to a lack of coverage and capacity in an area of the County. This application has not
clearly demonstrated the need for the infrastructure within the area of the County identified.
SBA, Inc. (Richard M. Cooley Property) CUP #03-99
Page 4
March 29, 1999
STAFF RECOMMENDATION FOR THE 4/07/99 PLANNING COMMISSION MEETING:
Staff believes that this application for a Commercial Telecommunication Facility has not adequately
addressed the requirements of the Zoning Ordinance in that a need for this facility based upon a lack
of coverage and capacity in this part of the County has not been demonstrated. In addition, the visual
impacts of the proposed facility will be increased due to the requested proximity to the Interstate 81
right-of-way, the many individuals who travel along the Interstate, and the Cedar Creek Battlefield
located west of the proposed site.
Should the Planning Commission choose to recommend approval of this application, the following
conditions of approval would be appropriate:
All Zoning Ordinance requirements and review agency comments shall be addressed and
complied with at all times.
2. The tower shall be available for locating personal wireless service providers, at reasonable
rates.
3. A minor site plan is approved by the County.
4. The tower shall be removed by the applicant or landowner within twelve (12) months of the
abandonment of operation.
5. The tower shall not be constructed until the applicant has demonstrated that a personal
wireless service provider will be located on the facility.
CUP #003-99 PIN: 90—A--60
SBA, Inc. (Richard M. Cooley property)
Produced by Frederick County Planning and Development, 03-23-99
i .-11CHAEL Ho-RV»TT & AssccL-L,,T-,ws P C.
8280 GREENSBORO DRIVE, SUITE 601
MICHAEL S. HORINATT MCLEAN, VIRGINIA 22102
703 749-6050
ADMITTED IN VIRGINIA AND
THE DISTRICT OF COLUMBIA
FACSIMILE: 703 749-6063
DIRECT DIAL 703 749-6061
E-MAIL: MSH@HOR'NATTASSOC.COM
July 7, 1999
Frederick County, Virginia
Department of Planning and Development
107 North Kent Street
Winchester, Virginia 22601
ATTN: Michael T. Ruddy
RE: Conditional Use Permit 903-99
SBA, Inc., Applicant
173 Catlett Lane, Middletown
Tax Map No. 1-6A (Warren County parcel number)
Dear Mr. Ruddy:
MICHELLE A. ROSATI
ADMITTED IN VIRGINIA
DIRECT DIAL 703 749-6062
E-MAIL: MAR@HORWATTASSOC.COM
A number of recent developments with respect to this application have resulted in this change to
the applicant's request of a three month deferral as stated in our June 22 letter.
As we have stated, the applicant has been in active negotiations with Triton PCS with reference to
Triton locating its equipment on this site. As the attached July 6 letter from Triton reflects, Triton has
committed to this site and has stated that its need is both significant and time sensitive. Triton's
commitment to the site is also reflected by its request to be joined as a co -applicant on this Conditional
Use Permit application. While we may later amend this information, please accept the following
amendment to the Conditional Use Permit:
Co -Applicant: Triton PCS
9211 Arboretum Parkway
Suite 200
Richmond, VA 25236
(804)323-9500
Contact: Patrick Ewing, Deployment Manager
In light of'this development, as we discussed this afternoon, the applicant respectfully requests
that the Planning Commission table consideration of the above referenced Conditional Use Permit for
thirty days. This will enable the applicant to compile and submit written support for the need for the
proposed structure in response to concerns raised in the staff report dated March 29, 1999. The applicant
anticipates that a thirty day deferral, as opposed to ninety days, will allow enough time to prepare for the
Planning Commission hearing.
ADVOCACY ON LINE
1VYV'aV HORWATTASSOC.COM
VASS 4179 Cedar Creek
The applicant anticipates supplementing the application over the next two weeks and looks
forward to working further with the planning staff and responding to concerns of the Planning Commission
as we go through the process.
Very truly yours,
Michelle A. Rosati
MICHAEL HORWATT & ASSOCIATES, P.C.
Counsel for SBA, Inc., Applicant
Enclosures as noted
VASS 4179 Cedar Creek
Sent By: ;
07/86/1999 15:28 8043233387
Terton[D(uS
MEMORANDUM
Date; July 6, 149+3
703 2186236; Jul -6-99 4:17PM; Page 1/1
TRITON PACS PAGE 01
Subjeet: Site License Agreement and Special Use Permit Application for SBA.
Catlett Lane
Dear Sirs:
S13A and Triton PCS LLC (Triton) are currently negotiating with respect ro the terms a
Agreement for Triton to co -locate its telecOminunications antenna and equipment at thr
future tower. SBA and Triton have entered into similar fig=ments in the Past and we
negdtiatinns shortly. It is Triton's intent to initiate tenancy at this location atthe, earlie
intend to launch our PCS system i(l the 4`h quarter of this year. The approval of SFA's
eliminate Triton's need to file an applicatian to erecta structure in the general area oft ,
6$ and fntersta�to 81.
Si
Patrick FwWg
Deployment Mart )Triwn PCS
5211 ARXRr.Tum pAitnw.ar, Sre $Op
Ft"MORD, VA 232ao
TL""009 (804) 323.0600
FA09jmkY (404) 323-1 W0
Creek located at 173
a Site License
above referenced SBA
F-pectto complete
Possible time as we
pecial Use Permit will
intersection of Route
PC REVIEW: 08/04/99
BOS REVIEW: 08/25/99
CONDITIONAL USE PERMIT #12-99
VA PCS ALLIANCE/CFW INTELOS
Telecommunications Tower - Frederick/Winchester Service Authority Location
LOCATION: This property is located at 3100 Berryville Pike.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 56-A-19
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Frederick/Winchester Service Authority (Opequon Water Reclamation Facility)
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) Districts; Land Use:
Residential and Vacant
PROPOSED USE: Commercial Telecommunications Facility
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to conditional use permit for this property.
Existing entrance is adequate for proposed use. However, should use ever expand in the
future, the entrance may have to be upgraded to VDOT minimum commercial standards.
Inspections Department: Structure shall comply with the Virginia Uniform Statewide
Building Code and Section 312, Use Group U (Utility) of The BOCA National Building
Code/1996. Virginia License A/E seal shall be included on all structural plans submitted.
Fire Marshal: Though the combustibility of materials used on site are minimal, Fire
Department access to this area in the event of a wildland fire is beneficial. The 12 -foot
ingress/egress easement is adequate for fire apparatus passage so long as growth is kept cut
back at the same distance. Plan approval is recommended.
VA PCS Alliance/CFW Intelos CUP #12-99
Page 2
July 26, 1999
Health Department: The Health Department has no objection to the proposed conditional
use permit.
Sanitation Authority: No comments.
City of Winchester: No comments.
Winchester Regional Airport: The Winchester Regional Airport Authority cannot provide
a comment until the following documents are received: copies of FAA Form 7460, letter of
submittal to Virginia Department of Aviation; topo or quad map of site; and exact base
elevation. (It is anticipated that a conditional approval will be forthcoming).
See additional comments from Shentel and Clarke Co. Planning Director (letters
attached, dated 7-8-99).
Planning and Zoning:
Background
The applicant proposes to build a 195' monopole Commercial Telecommunication Facility
that is designed to accommodate a minimum of three telecommunications carriers depending
upon the antenna configuration required by each carrier. The proposed facility will be located
on a 56 -acre parcel owned by the Frederick -Winchester Service Authority which is adjacent
to the Opequon Wastewater Treatment Facility, Route 7, Berryville Pike. The Frederick -
Winchester Service Authority has conditioned their lease agreement upon reserving a space
for their use on the tower.
Zoning Ordinance Requirements
Commercial Telecommunication Facilities are permitted in the RA (Rural Areas) Zoning
District with an approved Conditional Use Permit. Frederick County's Zoning Ordinance
specifies that a CUP for a Commercial Telecommunication tower may be permitted provided
that residential properties, land use patterns, scenic areas and properties of significant historic
value are not negatively impacted. Furthermore, additional performance standards shall apply
to the CUP review in order to promote orderly economic development and mitigate the
negative impacts to adjoining properties.
Zoning Ordinance Conformance
The applicant has provided an inventory of existing telecommunication facilities in the area.
Staff would concur that there are no existing facilities or appropriate structures available for
collocation in this general area. The maps provided within the application analyzing coverage
need in this area appear to be sufficient to determine the adequacy of the search area, and the
existing coverage and capacity of the licensee holder in the vicinity of the proposed facility.
VA PCS Alliance/CFW Intelos CUP #12-99
Page 3
July 26, 1999
As is shown on the maps, the coverage needs will be met by a facility in this location. Further,
Shenandoah Personel Communications have provided a letter which states that a facility in
this location supports their coverage needs. It is their intention to collocate on this facility.
Should the tower be required to be lighted by the FAA, it would be provided with a dual
lighting system which provides red lights for nighttime and medium intensity flashing white
lights for daytime and twilight use. The Zoning Ordinance requires that these lights be
shielded from ground view to mitigate illumination to neighboring properties. At this time,
the proposed accessory structures are not visible from adjoining properties, roads or other
right-of-ways. Therefore, landscaping and screening of any accessory structures will not be
required.
The proposed Commercial Telecommunication facility is in conformance with the
requirements of the zoning ordinance.
Conformance with the requirements of Section 704 of the Telecommunications Act of
1996
The applicant is a personal wireless service provider. Therefore, the requirements of the
Telecommunications Act would be applicable. In evaluating this application, it has been
demonstrated that there is a need for the infrastructure within the area of the County
identified. The approval of this application would be in conformance with the requirements
of Section 704 of the Telecommunications Act of 1996.
STAFF RECOMMENDATION FOR THE 8/04/99 PLANNING COMMISSION MEETING:
Staff believes that this application for a Commercial Telecommunication Facility has adequately
addressed the requirements of the Zoning Ordinance in that a need for this facility, based upon a lack
of coverage and capacity in this part of the County, has been demonstrated.
Should the Planning Commission choose to recommend approval of this application, the following
conditions of approval would be appropriate:
All Zoning Ordinance requirements and review agency comments shall be addressed and
complied with at all times.
2. The tower shall be available for locating personal wireless service providers, at reasonable
rates.
3. A minor site plan is approved by the County.
4. The tower shall be removed by the applicant or landowner within twelve (12) months of the
abandonment of operation.
• 7' TE , L
H EN
'HENANDOAH TELECOMMUNICATIONS
Mr. Kris Tierney, Director of
Planning and Development
Frederick County Department of
Planning and Development
107 North Kent Street
Winchester, Virginia 22601
P.O, Box 459 Edinburg, Virginia 22824-0459 0 (540) 984-4141
.1 ly 8, 1799
Re: CFW Wireless Company - Special Use Permit Application
Antenna Tower Structure in Frederick County, VA
Dear Mr. Tierney:
CFW Wireless Company is preparing a Special Use Permit application for the construction of a
new communications facility near the Opequon Water Reclamation Facility in Frederick County.
It is designated by CFW as Site No. WN207. As this location also supports our needs, we are
currently in negotiations with CFW to install our equipment on the new facility. We wanted to
let your office know that we do hope to co -locate with CFW at this planned location.
CFW also has a site under consideration (to be known as Site No. WN208), which is just north of
the Parkins Mills site that we had previously proposed. While we have put the Parkins Mills area
on hold for the time being, should we actively pursue it in the future, we would seriously
consider the new CFW location as an alternative.
If you have any questions, please feel free to give me a call at (540) 984-3003.
J U L 0 8 1999
DEPT. OF PLANNING/DEVELOPMENT
LLG/lsh
cc: Mr. William L. Pirtle
Mr. Dick Shearer, CFW
Mr. Michael T. Ruddy
Sincereiy yours,
Leonard L. Greisz, Project Manager
Shenandoah Personal Communications
SHENANDOAH TELEPHONE COMPANY • SHENTEL SERVICE COMPANY • SHENANDOAH CABLE TELEVISION COMPANY
SHENANDOAH LONG DISTANCE COMPANY SHENANDOAH VALLEY LEASING COMPANY
SHENANDOAH MOBILE COMPANY SHENANDOAH NETWORK COMPANY
WE MUST SERVE WELL TO PROSPER • WE FAUST PROSPER TO SERVE WELL
7-08-1999 4:18PM FROM CLA ---COUNTY 15489554002 P_1
CI,ARKE COUNTY
8 July 1999
Paula Figgatt
CFW Wireless
P_ O. Box 1328
Waynesboro, VA 22980
byfizx: 540-932-2210
Thank you for the opportunity to comment on your proposed 195 foot monopole on the
Opequon Water Reclamation Facility on Berryville Pike.
Since the proposed pole site as in Frederick County, about V2mile west of the Clarke
County, and our county residents will not be directly affected, the Clarke County Board of
Supervisors and Planning Commission have no comments at this time, however, when
more information becomes available to the general public through, Frederick County's
public hearing process, the Board or Commission may have comments at that time.
We appreciate you informing Clarke County as to your proposals.
Charles Johnston
Planning Administrator
CUP #12-99 PIN: 56—A-19
VA PCS Alliance/CFW Intelos
Produced by Frederick County Planning and Development. 07-21-99
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNT`, VIRGINIA
1. Applicant (The applicant if the owner )(_ other)
,M►i 140
ADDRESS:
TELEPHONE
VA PC4� A 1 I a ce > Ca,j):n- eyas
2. Please list all owners,
the property:
occupants, or parties in interest of
I
"J N ecrS A I i wo,, Vie, , r',�7Lr 1 5i
3. The property is located at: (please give exact directions and
include the route number of your road or street)
FA
r
4. The property has a road
l
frontage of .;� S� €est and a
depth of feet
and consists of 1_50(-)-
5 G -)-(Please
(Pleasebe exact)
5. The property is owned b/e'(�,?-
j{,j�T1'1�1 L '%rf7�ras
evidenced by deed fromr
� L,{) , V-00nLrecorded
in deed book no. 5(04�
(previous owner)
on page + 1 , as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No. .5(,7
Magisterial District
Current Zoning
7. Adjoining Property:
USE
ZONING
North �(!?I_'1,3j�
j? j'�
East
South
West
r
zQ90
8. The type of use proposed is (consult with the Planning Dept.
before completing)
It is proposed
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 people will be notified by mail of this
application:
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I PROPERTY ID# (Ppocan-0 P -R &rr'd
r5�-�� NAME, rr _',�il!`li ADDRESS
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12. Additional comments, if any:c���i��iOCZC aln Vii ' r`°,
,✓ �� r'1 � r-, /y � _ � s5 r �^b r ,� t'j � � n � r I �• � � � ;� �% �J -i-i' �r9 ' � >' r�� l ✓f'�" ���
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-161 M anc
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.
Signature of Applicant
Signature of Owner
Owners' Mailing Address
Owners' Telephone No.
Jf
�AA-4-
4-3
(54-0 -�,2-Z- 35,22
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
COUNTY
CFIK~
WIRELESS
7 WEST
WN 207
VICINITY MAP
NOT TO SCALE
SITE LATITUDE: 39° 10' 43.7' N
SITE LONGITUDE: 78° W 54.09"E
VIRGINIA
INDEX:
DRAWING NO. TITLE
TITLE
1 SURVEY
3 SITE PLAN
4 ANTENNA GROUND DETAIL
5 ANTENNA DESIGNS
7 STRUCTURAL DETAILS
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001283
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ReceivedFrom
Address
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001283
Dollars $
I
Mr. Chris Mohn 19 July, 1999
Frederick County Planning & Development
107 N. Kent St.
Winchester VA 22601
Subj: Conditional Use permit
Izaak Walton League
Dear Mr. Mohn:
The Winchester Chapter of the Izaak Walton League by this letter, hereby withdraws
our application for a conditional use permit relative to the proposed shotgun range and
wildlife area.
Please remove this permit request from the agenda for the August 4, 1999 Planning
Commission meeting. Thank you for your cooperation and assistance during the permit
process.
Sincerely,
James H. Madden
Secretary
Winchester Chapter
J U L _ 9 7099
DEPT, OF PLA?JNYNGICE�,'EiGPMEN'i
.,a
J
f J
v -
WINCHESTER CHAPTER a P.O.
BOX 2954 a WINCHESTER, VA 2260' '1
Mr. Chris Mohn 19 July, 1999
Frederick County Planning & Development
107 N. Kent St.
Winchester VA 22601
Subj: Conditional Use permit
Izaak Walton League
Dear Mr. Mohn:
The Winchester Chapter of the Izaak Walton League by this letter, hereby withdraws
our application for a conditional use permit relative to the proposed shotgun range and
wildlife area.
Please remove this permit request from the agenda for the August 4, 1999 Planning
Commission meeting. Thank you for your cooperation and assistance during the permit
process.
Sincerely,
James H. Madden
Secretary
Winchester Chapter
J U L _ 9 7099
DEPT, OF PLA?JNYNGICE�,'EiGPMEN'i
.,a
PC REVIEW: 08/04/99
BOS REVIEW: 08/25/99
CONDITIONAL USE PERMIT #11-99
W. R. BARNEY, JR.
Cottage Occupation - Antiques Restoration
LOCATION: This property is located at 341 Gainesboro Road.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBERS: 29-A-103
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) Districts; Land Use:
Residential
PROPOSED USE: Cottage Occupation - Antiques restoration with some retail sales
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to conditional use permit for this property.
Existing entrance is adequate for proposed use. However, should use ever expand in the
future, the entrance may have to be upgraded to VDOT minimum commercial standards.
Inspections Department: Existing building shall comply with the Virginia Uniform
Statewide Building Code and Section 306, Use Group F (Factory), of The BOCA National
Building Code/1996. Other codes that apply are CABO Al 17.1-92 Accessible and Usable
Buildings and Facilities. Handicap parking and building access shall be provided. Please
submit a floor plan of the existing building for a change of use permit.
Fire Marshal: Application of flammable finishes shall comply with Chapter 13 of the 1996
BOCA Fire Prevention Code. Fire Department Dry Hydrant <500 feet south on Gainesboro
Road. Plan approval is recommended.
W. R. Barney, Jr. CUP #11-99
Page 2
July 23, 1999
Health Department: The Health Department has no objection as long as no additional
wastewater is to be generated by the proposal.
Sanitation Authority: No comment.
Planning and Zoning: The Zoning Ordinance allows for Cottage Occupations with an
approved Conditional Use Permit in the RA (Rural Areas) Zoning District. This property is
located in the RA District, and an antiques restoration business would qualify as a Cottage
Occupation.
In adherence to the Cottage Occupation definition, all activities would be required to occur
within structures. This proposed business will be conducted in an accessory structure, 25 feet
from the principal structure. The nearest adjoining property is 16 feet from the accessory
structure. No excessive noise or odor would be generated from this proposed business.
Based upon the limited scale of the proposed use and an evaluation of the property, it appears
this use would not have any significant impacts on the adjoining properties.
STAFF CONCLUSIONS FOR THE 08-04-99 PLANNING COMMISSION MEETING:
Staff recommends approval with the following conditions:
All review agency comments shall be complied with at all times.
2. All work shall be accomplished inside a completely enclosed building.
Any proposed business sign shall conform with the Cottage Occupation requirement (sign
shall not exceed four square feet).
0:\Agmdm\COMMENTS\CUP's\1999\W. R.Bamey.CUP
Submittal Deadline , 9 IM
PJC Meeting Ir
BOS Meeting ? r
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant (The applicant if the owner other)
NAME: \IV I I<
ADDRESS:
ay _ Jam$
O tZ �zp \\� K �i S"Z � fir'/
Z --z( 0
TELEPHONE 5 5 6 A S 8 4
2. Please list all owners, occupants, or parties in interest of
the property:
3. The property is located at: (please give exact directions and
include the route number of your road or street)
NST "ro C-40 wlz iA O0 YzT �,e 4-
4. The property has a road frontage of 8s feet and a
depth of Zd o feet and consists of acres.
(Please be exact)
5. The property is owned by 'vQ . as
evidenced by deed from (2-4.�r Q, XA,5,Ai recorded
(previous owner)
in deed book no. 8 i G on page S9 1 , as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No. *,79-A- 10-5
Magisterial District
Current Zoning JA
7. Adjoining Property:
USE
North.Z�
Eastvt
South C�- er z -
West
ZONING
(?- rA
i
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: N1A, P (3�p 6-, P� " FIs -T+ "C
— I
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 people will be notified by mail of this
application:
NAME �V�Lt�n..�5a�1 L "S> ADDRESS
PROPERTY ID# Z-9- A - 104-
NAME G�"'J�� �"f�pist c_tw RAA ADDRESS
�Z 1 �i�-:7O
6 " q,
�v sac, a,Z,ba.
PROPERTY ID#
Z-9 - R -
\ 01 -
NAME�-
�% dip►
ADDRESS
b l,% G -W9 -M CL
PROPERTY IDI
Z9 ' A ^
Z -S
Ne- 7-7-40
NAME _ ��-1~PS ase f 0'�a ADDRESS
PROPERTY ID# �`7 A ' b
WA
PROPERTY ID#,
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ilf"��s"� S O =S c�� S 1 /VVC i JT C-41- A,,-) -Tn
2 6 '19
12. Additional comments, if any:
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.
Signature of Applicant
Signature of Owner
Owners' Mailing Address
Owners' Telephone No.
e8�& -490+
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
FILE No. "87 041/12 `,19 11:21 722 0572 PAGE 2
HEAMON AND THAT T11ERE ARE f1b jJ1, 'fill" PMM[gES ,
511014N HEREON. illOWN
ON T"r GROUND UND 'OTHER THAN THOSt
OWF,NS 159/442
PLATTED AS tj9ERT-Y-9:r4W- T SC3 P(RT 2
Hr
NEVEn _n'!'LT)
SMED-7
C ---T L---__jnI
In
THIS LOT DOES NOT FALL IN A
FLOOD HAZARD ZONE.
?-1,87f SQ, FT.
'T THIS LOT WAS ORIGINALLT PLATTED
AS LOT 7 PUGHTOWN(GAINESBORO)
jr BUT WAS LATER CHANCED TO LOT
< LOT 11.
LL
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26.87 „E E R�SS-93'
GA'N
/E'SI30RO
"'DTH VARIROAD ROLITE a84' ES )
LAND OF
KIRBY FURTIS & MARTHR .5. DOVE
VILLAGE OF GRINE5BORO
'HINE5BORO 015TRICT
DOVE /ARSLAN Ff-)FUERICK COUNTY, VIRGINIA
HOUSE LOCATION SURVEY DAMMAR. 16, 1994
FURS TENAU SURVEYINIGG 8 C A LE: I" = 30,
APPLICATION FEE
PC REVIEW DATE: 08/04/99
BOS REVIEW DATE: 08/25/99 (tentative)
ADDEND U ivi T O REZONING APPLICA T iON #015-98
JACK K. WAMPLER, SR.
To rezone 0.69 acres from B3 (Industrial Transition) to RA (Rural Areas) and to modify the
proffers that were adopted by the Board of Supervisors on December 9, 1998
LOCATION: This property is located on the west side of Martinsburg Pike (Rt. 11) about 0.5
miles south of the intersection with Hopewell Road (Rt. 672).
MAGISTERIAL DIS'T'RICT: Stonewall
PROPERTY ID NUMBER: 33 -A -164D
PROPERTY ZONING & PRESENT USE:
Zoned: B3 (Industrial Transition) District - 9.3 acres Land Use: Agricultural
B2 (Business General) District - 10.7 acres
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Zoned RA (Rural Areas) District
South: Zoned RA (Rural Areas) District
East: Zoned RA (Rural Areas) District
West: Zoned B2 (Business General) District
Zoned B3 (Industrial Transition) District
Use: Vacant
Use: Stonewall Elementary School
Use: Clearbrook Regional Park;
Vacant
Use: Commercial; Vacant
PROPOSED USE: Dedicate 0.69 acres of RA (Rural Areas) District land to Frederick County
School Board.
Jack K. Wampler, REZ #015-98
Page 2
July 22, 1999
REVIEW EVALUATIONS:
Historic Resources Advisory Board: During their 2/16/99 meeting, the HRAB recommended that
the proffer that was approved on December 9, 1998 by the Board of Supervisors offered the most
appropriate treatment of the potentially significant L. O. Dick House and, therefore, should not be
modified by the applicant.
County Attorney: The proffer statement appears to be in proper form; however, the proffer
statement will need to be signed by the owners and notarized prior to acceptance by the County.
Frederick Co. Public Schools: See attached letter from Dr. William G Dean dated 2-17-99.
Planning & Zoning:
1) Site History
The original Zoning Map for Frederick County (U. S. G. S. Inwood Quadrangle) identified the original
zoning of this site as A-2 (Agricultural General) District. This zoning designated was reclassified to
RA (Rural Areas) District on February 14, 1990 when the comprehensive revision to the Zoning
Ordinance was adopted by the Board of Supervisors. The Board of Supervisors approved Rezoning
Application #015-98 of rack K. Wampler, Sr., on December 9, 1998. This rezoning established 9.3 0
acres of 133 (Industrial Transition) District and 10.70 acres of B2 (Business General) District on the
20 -acre parcel, as well as proffered conditions for the B3 District and B2 District areas of the parcel.
2) Location
The 20 -acre site is located in the County's Sewer and Water Service Area (SWSA) and is a
component of the Route 11 North Land Use Plan which was adopted by the Board in 1996. This
land use plan calls for industrial and commercial use in the general area of this property.
The 20 -acre site is located on the west side of Martinsburg Pike (Route 11) which provides a
significant amount of road frontage. The site abuts the Stonewall Elementary School to the south
and is across Martinsburg Pike for the entrance to the Clearbrook Regional Park.
3) Site Suitability
Jack K. Wampler, REZ 4015-98
Page 3
July 22, 1999
The 20 -acre site does not contain areas of steep slope, floodplain, wetlands, or woodlands. The Soil
Survey of Frederick County, Virginia identifies prime agricultural soils on the entire site. The
Frederick County Rural Landmarks Survey identifies the L.O. Dick House (ID #34-936) within close
proximity of this site. This house, located just north of the 20 -acre site, is identified in the survey as
a potentially significant historic structure.
4) Application Scope/Intent
The applicant has proposed to rezone a 0.69 -acre strip of land along the southern boundary line that
is 50 feet in width. Currently, this strip of land is zoned B3 (Industrial Transition) District, and is
depicted on the proffered General Development Plan as a 50 -foot inactive buffer between the
proposed mobile home/model home dealership and the Stonewall Elementary School. It is the intent
of the applicant to dedicate this acreage to the Frederick County School Board to consolidate this
land into the Stonewall Elementary School site should the Board of Supervisors approve this rezoning
request.
5) Proffer Statement
The applicant has submitted a proffer statement that has been signed, notarized and reviewed by the
County Attorney. The applicant's proffer statement has been modified slightly from the proffer
statement that was approved by the Board of Supervisors on December 9, 1998. These modifications
include the following:
A) The applicant has proffered to dedicate the 0.69 -acre portion ofthis property that is proposed
to be rezoned to RA (Rural Areas) District to the Frederick County School Board.
B) The applicant has proffered to provide an evergreen screen along the southern boundary line
which adjoins the Stonewall Elementary School site; however, the 50 -foot inactive buffer
distance has been eliminated from the previously approved General Development Plan.
C) The applicant has proffered to provide a 50 -foot active distance buffer along the northern
property line which includes an evergreen screen element. The General Development Plan
has been modified to reflect the 50 -foot active distance buffer area, and to depict the 50 -foot
area that is desired to be removed from the previously approved proffer statement.
Jack K. Wampler, REZ #015-98
Page 4
July 22, 1999
STAFF CONCLUSIONS FOR 8/04/99 PLANNING COMMISSION MEETING:
The request to rezone the 0.69 -acre portion of the 20 -acre site from B3 (Industrial Transition)
District to RA (Rural Areas) District does not create any negative impacts and has not generated any
concerns from the various review agencies.
The applicant has submitted a proffer statement as a component of this rezoning application which
has been modified from the proffer statement which was approved by the Board of Supervisors on
December 9, 1998. Staff believes that several items in the modified proffer statement require
clarification or rewording prior to final action by the Board of Supervisors. These items include the
following:
Proffer Item #I
The applicant should be specific as to when the dedication of land to the Frederick County School
Board will occur and who will be responsible for preparing the boundary line adjustment plat for
approval by the Subdivision Administrator.
Proffer Item #2
The applicant should be specific as to when the evergreen screen will be implemented. Furthermore,
the General Development Plan should identify the location and width of the area in which this
evergreen screen will be located to ensure conformance with future Site Plans for the Wampler
property.
Proffer Item #S
The applicant has reduced the buffer area along the northern boundary from 100 feet to 50 feet, and
has eliminated the inactive portion of the buffer area. The result of this proposal would be that a
parking lot could be placed within five feet of the adjoining property, as permitted by ordinance. It
appears that at a minimum, the applicant should establish a buffer area that provides a 25 -foot inactive
portion adjacent to the northern property line and a 25 -foot active portion. As stated in Proffer Item
#2, the applicant should be specific as to when the evergreen screen will be implemented.
It should be noted that the approved proffer provides for a 100 -foot distance buffer adjacent to the
northern property line which includes a six-foot high earth berm and evergreen plantings. The I IRAB
comment recommends that this component of the proffer statement should not be modified.
Jack K. Wampler, REZ #015-98
Page 5
July 22, 1999
Proffer Item #9
This proffered condition is identical to the approved proffer statement. This proffered condition
needs to be reworded to accurately reflect the total acreage of this site to discount the 0.69 -acre
dedication, to correct the zoning district designation, and to identify when the proffered monetary
contribution for fire and rescue services will be provided to Frederick County.
The applicant should be prepared to address the issues identified by staff to the satisfaction of the
the Planning Commission prior to a recommendation being forward to the Board of Supervisors for
final disposition of this application.
I
February 18, 1999
Mr. Ralph Beeman
Gree . ay E.n,g4n-.enng
151 Windy Hill Lane
Winchester, VA 22602
Dear Ralph:
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/678-0682
The Historic Resources Advisory Board made the following recommendation during their 2/16/99
meeting:
Jack Wampler, Sr., et al, Proffer Revision Recommendation:
The existing proffer regarding provision of a buffer along the boundary with parcel number 33 -A -
164E is considered to offer the most appropriate treatment of the potentially significant L. O. Dick
House. Therefore, it is recommended that the existing proffer language remain unchanged.
PIease feel free to call this office if you have any questions regarding the HRAB's recommendations.
Sincerely,
Christopher M. Mohn
Planner II
CMM/cc
U\CluisM\commonU-IRAB\ Waznpler.REZ.wpd
107 North Dent Street - Winchester, Virginia 22601-5000
Frederick County Public .Schools
1415 Amherst Street
Post Office Box 3508
Winchester, Virginia 22604-2546
Telephone: (540) 662-3888 — FAX (540) 722-2788
Superintendent of Schools
February 17, 1999
Mr. Ralph Beeman
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
REF: Rezoning Request Proffer and Proffer Revision
Dear Ralph:
I am in receipt of your request for comments concerning the proffers included in the rezoning request for a
parcel of land containing approximately .69 acres from its current B-3 zoning to RA zoning. It is my
understanding the land to be rezoned is located at the following location:
West side of Martinsburg Pike (U. S. Route 11) about 0.5 miles south of intersection with Route 672
We have reviewed the rezoning request proffer, which indicates the owner of the subject property shall
dedicate to the Frederick County School Board a 50' wide strip along the adjoining boundary with parcel
44-((A))-82—Stonewall Elementary School. In addition, although the evergreen screen requirement shall
remain (i.e., 6' high earth berm with three trees per ten lineal feet), it is proposed the 50' inactive buffer be
removed from rezoning application #015-98.
In addition, upon reviewing the document containing the revisions you have proposed, in section I. Land
Dedication, I would note the dedication of the 50' wide strip of land should be to the Frederick County
School Board rather than Frederick County as noted in the rezoning request.
The Frederick County School Board approved the acceptance of the rezoning proffer at its February 16,
1999, meeting.
If you should have any questions, please do not hesitate to contact me at your earliest convenience.
Sincerely,
William C. Dean, Ph.D.
Superintendent of Schools
I
y ~I
Founded in 1971
151 ' liudy I fill [ane
Wn c sestet, Virginia 22602
March 16, 1999
Cor."
John Kimberly Richardson David &C-arsl Darnell
106 Cotswold Court 3381 Martinsburg Pike
Stephens City, Va. 22655 Clearbrook, Va. 22624
RE. Wampler Rezoning
Request and Berm Location
Dear Mr. and Mrs. Richardson and Mr. and Mrs. Darnell:
On behalf of our client, Mr. Jack Wampler, and in reference to conversations you have had with Mr.
Wampler, it our understanding that as Greenway Engineering prepare to request a rezoning amendment to
Mr. Wampler's land and adjust a buffer distance adjacent to your properties in the Clearbrook area, it is
your desire for the proposed berm we had previously committed to building along the property line be
eliminated. Therefore, to make it clearly understood by all parties involved, we are requesting you to sign
the seen and agreed statement below, which will demonstrate your request and desire for the following:
Being that it is our request that a six-foot high berm not be constructed along the property line between
Wampler and Richardson. Be it further understood that the elimination of this berm is our wish and that the
landscaping proposed along the property line would remain. Therefore we believe the landscaping alone
along this property line will be sufficient and meet our wishes for screening of the proposed business uses
Mr. Wampler may have in the future.
After your careful review of the above statement, please sign the seen and agreed statement below. Should
there be any further questions required of this issue, please contact me at your convenience.
Sincerely,
Green ay Engi ern g
v V,
Mark D. Smith, P.E., L.S.
President
c.c. Jack Wampler, Sr.
Evan Wyatt, Deputy Dir. of Planning
This letter h4sJ een seen and agr, ed to:
Date
Date
This letter has been seen and agreed to:
/ Date
Date (((
Engineers Surveyors
Telephone 540-662-4185 FAX 540-71-12 9528
Greenway Engineering May 28, 1999 Jack K Wampler, Sr., et als
REZONING REQUEST PROFFER
PROPERTY ID NUMBER
33 -((A)) -164D
Jack K. Wampler, Sr., et als
Pursuant to Section 15.2 - 2296 Et Seq., of the Code of Virginia, 1950, as amended, and the
provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the
undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick
County, Virginia shall approve rezoning application # for the rezoning of approximately 0.69
acres from the Industrial Transition (133) Zoning District to the Rural Areas (RA) Zoning District,
development of the subject property shall be done in conformity with the terms and conditions set
forth herein, except to the extent that such terms and conditions may be subsequently amended or
revised by the applicant and such be approved by the Frederick County Board of Supervisors in
accordance with said code and zoning ordinance. In the event that such rezoning is not granted, then
these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be
binding upon the applicant and their legal successors, heirs, or assigns. All previous rezoning
proffers for the subject property are hereby superseded.
The subject property is more particularly described as all of the land conveyed to Jack K. Wampler,
Sr. and Polly J. Wampler, and Jack K. Wampler, Jr. and Peggy Wampler by deed from Kimberly
Dick Richardson and John Franklin Richardson dated August 12, 1988 of record in the Frederick
County Court Clerk's Office in Deed Book 690 at Page 228. The subject property is further
described by survey, attached to said deed, prepared by Thomas A. Shockey and dated August 10,
1988 and is purported to contain 20.00 acres. The area to be rezoned consists of a strip 50' wide,
runs the entire length of the adjoining boundary with parcel 44-((A))-82, and contains approximately
0.69 acres. The conditions proffered are as follows:
AREA ZONED RA — 0.69 ACRES
1. LAND DEDICATION
The owner of the subject property shall dedicate to the Frederick County School Board a 50' wide
strip along the adjoining boundary with parcel 44-((A))-82. This area corresponds to the entire area
that is being rezoned.
AREA ZONED B-3 — 8.61 ACRES
The following proffers shall only pertain to that portion of the property zoned "B-3".
1
Greenway Engineering May 28, 1999 Jack K. Wampler, Sr., et als
2. SCREENING
There shall be an evergreen screen along the adjoining boundary with parcel no. 44-((A))-82, the
property known as Stonewall Elementary School. This buffer shall include an evergreen screen
consisting of three trees per ten lineal feet that are at least four feet in height at planting.
3. ALLOWED USES
The following uses shall be permitted within the "B-3" zoning on the subject property:
Mobile home dealers (SIC 52)
Model home sales
Accessory retailing
Business signs
Directional signs
Building entrance signs
4. PROHIBITED USES
All other uses shall be prohibited on the portion of the subject site zoned "B-3".
AREA ZONED B-2 - 10.7 ACRES
The following proffer shall only pertain to that portion of the property zoned "B-2".
5. BUFFERING AND SCREENING
There shall be a 50' active -distance buffer along the adjoining boundary with parcel no. 33 -((A)) -
164E. This buffer shall include an evergreen screen consisting of three trees per ten lineal feet that
are at least four feet in height at planting.
AREAS ZONED B-2 & B-3 —19.31 ACRES
The following proffers shall apply to both the `B-2" and `B-3" zoned areas:
6. ARCHAEOLOGICAL SURVEY
Prior to master plan approval, an archaeological survey shall be conducted on the subject property.
Said survey shall be performed by an archaeologist or other qualified individual skilled in
performing such surveys. The findings of said survey shall be submitted to the Department of
Historic Resources and the Frederick County Planning Department.
7. INGRESS/EGRESS
The subject property shall have no more than two entrances on U.S. Route 11.
2
Greenway Engineering ;'flay 28, 1999 Jack K Wainpler, Sr., et als
8. TRANSPORTATION
Signage, turn lanes, widening and signalization shall be installed as warranted and required by the
Virginia Department of Transportation. The owner hereby agrees to pay for said improvements, in
whole or part, as determined by the Virginia Department of Transportation.
9. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT
The undersigned owners of the above-described property hereby voluntarily proffer that in the event
the subject property, parcel no. 33 -((A)) -164D, containing approximately 20.00 acres, is approved
for rezoning from Rural Areas (RA) zoning district to Industrial Transition (B-3) zoning district, the
undersigned will pay to the Treasurer of Frederick County, Virginia, at the time the initial building
permit is issued for said property, the sum of two thousand dollars ($2,000.00) for fire and rescue
services.
The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns
and successors in the interest of the owner. In the event the Frederick County Board of Supervisors
grant this rezoning and accept the conditions, the proffered conditions shall apply to the land
rezoned in addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted:
Property Owners
Jack K. Wampler, Sr. /--Folly :� Wampler
Jack K. Wampler, Jr. /Peggy WamplJr
Commonwealth of Virginia
City/County of Frederick To Wit:
The foregoing instrument was acknowledged before me this 8 day of July 1999 by
rotary Public
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DESIGNED BY, RCB
JOB NO. 2009
SHEET 01 OF O1
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAY: 540/ 678-0682
MEMOINNDUM
To: Frederick County Planning Commission.
From: Michael T. Ruddy, Zoning Administrator
Subject: Omdoff Cul -De -Sac Length Waiver Request
Date: July 23, 1999
The Planning Commission has received a waiver request from Greenway Engineering to allow a cul-de-sac
to extend beyond the maximum length mandated by the Subdivision Ordinance. The request is to allow a
cul-de-sac of 1160' in length as opposed to the required maximum length of 1000'. The cul-de-sac is
located in a proposed Rural Preservation Subdivision, submitted on behalf of Charles W. Ordnoff, Sr. A
copy of the proposed subdivision is included for your information.
The Subdivision Ordinance provides the Planning Commission with the ability to waive the 1000'
requirement in cases where extreme topography or other factors make it impractical. In no case shall the
street serve more than twenty-five (25) lots. The proposed cul-de-sac will contain eleven (11) lots. It should
be noted that in this subdivision the applicant has committed to preserving an additional ten percent (9.2
acres) of land to the rural preservation lot. The Planning Commission should determine if they believe
the waiver is appropriate in this case.
Please contact our department if you need additional information.
Enclosure
107 North Dent Street • Winchester, Virginia 22601-5000
7
T 151 Windy Hill Lane
-' Winchester, Virginia 22602
Founded in 1971
July 12, 1999
Frederick County
Department of Planning and Development
107 North Kent Street
Winchester, VA 22601
Attn: Mike Ruddy, Zoning Administrator
RE: Orndoff Subdivision
Dear Mr. Ruddy:
I am writing of behalf of my client Charles Orndoff in regards to the proposed subdivision of his land on
Cedar Hill Road (Route 671). The parcel is identified as 33-A-112 and is zoned RA. Mr. Orndoff is
proposing Rural Lot Preservation Subdivision on the western side of his property.
A waiver as described in the Subdivision Ordinance Section 144-17-G-1 is requested to allow a proposed
road in a subdivision to end in a cul-de-sac to extend +/-1160' rather than 1000'.
By allowing the road to extend the extra 160', the lots on the cul-de-sac can be two acres. If the road were
shorter, then those lots would be stretched to +/- 3.5 acres.
In exchange for allowing the extra length of road, Mr. Orndoff is willing to set aside an additional 10% of
land (9.2 acres) for the Rural Preservation Lot as required by the Zoning Ordinance.
I am requesting that this item be entered into the Planning Commission and Board of Supervisors.
Thank you,
Greenway Engineering
Gary Oates
CC: Charles Orndoff
Engineers Surveyors
Telephone 540-662-4135 FAX 540-722-9525
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