PC 03-01-17 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
March 1, 2017
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting ................................................................ (no tab)
2) January 4, 2017 Meeting Minutes ................................................................................... (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
5) Conditional Use Permit #10-16 for William Conley, submitted for a cottage
occupation- furniture repair shop. The property is located at 5738 North Frederick Pike
(Route 522 North) and is identified with Property Identification Number 19-A-25D in
the Gainesboro Magisterial District.
Mr. Cheran ....................................................................................................................... (B)
6) Conditional Use Permit #01-17 for Bowman Library (Shenandoah Mobile LLC)
Wireless Commercial Telecommunication Facility - submitted to construct a wireless
telecommunications consisting of a 195 foot telecommunication monopole tower with
supporting equipment in a fenced compound. The property is located at Bowman
Library at 871 Tasker Road and is identified with Property Identification Number 75B-
A-1 in the Shawnee Magisterial District.
Mr. Cheran ....................................................................................................................... (C)
Other
Adjourn
Commonly Used Planning Agenda Terms
Meeting format
Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide
comment to the Planning Commission on any items not scheduled as public hearing items.
Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as
a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for
items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments;
and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning
Commission will take action on the item (see below).
Action Item–There are both public hearing and non-public hearing items on which the Planning Commission
takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a
recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during
the Action Item portion of the agenda.
Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning
Commission for information and discussion. The Planning Commission may offer comments and suggestions,
but does not take action on the agenda item. No public comment is accepted during the Information/Discussion
Item portion of the agenda.
Planning Terminology
Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the
Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area
of the county where community facilities and public services are more readily available and are provided more
economically.
Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan
in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many
locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional
land uses in area where residential land uses are not desirable.
Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of
land. Common land use categories include: agricultural, residential, commercial, and industrial.
Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards.
Frederick County designates these areas, and establishes policies and ordinances over types of land uses,
density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the
future development of a community, protect neighborhoods, concentrate retail business and industry, and
channel traffic.
Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted
land use activities on their land. A rezoning changes the permitted land use activities within the categories
listed above under Land Use.
Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always
appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a
matter of right within a zoning district, is considered through a public hearing process and usually contains
conditions to minimize any impacts on surrounding properties.
Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result
of a citizen request with substantial justification supporting the change. Amendments ultimately proceed
through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors.
County Bodies Involved
Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of
seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the
policy-making body of the county. Functions of the Board of Supervisors related to planning include making
land use decisions, and establishing growth and development policies.
Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one
at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the
Board of Supervisors which then takes final action on all planning, zoning, and land use matters.
Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose
primary responsibility is to formulate land use policies that shape the location and timing of development
throughout the County. Included in the work are studies of specific areas to develop guidelines for future land
use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan.
Decisions by CPPC are then forwarded to the PC for consideration.
Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the
PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of
Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by
the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions
are also forwarded to the PC for consideration.
A
Frederick County Planning Commission Page 3401
Minutes of January 4, 2017
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on January 4, 2017.
PRESENT: June M. Wilmot, Chairman/Member at Large; Robert S. Molden, Opequon District; Gary
R. Oates, Stonewall District; William H. Cline, Stonewall District; Lawrence R. Ambrogi, Shawnee
District; H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek District; J. Rhodes Marston,
Back Creek District; Charles F. Dunlap, Red Bud District; Christopher M. Mohn, Red Bud District;
Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick B. Williams,
County Attorney.
ABSENT: Roger L. Thomas, Opequon District
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; M. Tyler
Klein, Planner; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the January 4, 2017 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to
join in a moment of silence.
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ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
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MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, the
Planning Commission unanimously adopted the minutes from the November 2, 2016 meeting.
Frederick County Planning Commission Page 3402
Minutes of January 4, 2017
ELECTION OF OFFICERS, MEETING SCHEDULE, AND ADOPTION OF BYLAWS AND
RULES & RESPONSIBILITIES FOR 2017
Director, Michael T. Ruddy presided over the election of the Chairman and Vice
Chairman for 2017.
Election of June M. Wilmot, Chairman for 2017
Director, Michael T. Ruddy declared nominations open for Chairman for the 2017
calendar year.
The nomination of Ms. June M. Wilmot for Chairman was made by Commissioner Oates
and seconded by Commissioner Manuel.
A motion was made by Commissioner Oates, seconded by Commissioner Cline, and
unanimously passed to close nominations for Chairman.
BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby
elect Ms. June M. Wilmot as Chairman of the Planning Commission for the calendar year 2017.
(Note: Commissioner Thomas was absent from the meeting)
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Election of Roger L. Thomas, Vice Chairman for 2017
Director, Michael T. Ruddy declared nominations open for Vice Chairman for the 2017
calendar year.
The nomination of Mr. Roger L. Thomas was made by Commissioner Oates and
seconded by Commissioner Manuel.
Motion was made by Commissioner Oates, seconded by Commissioner Cline, and
unanimously passed to close the nominations for Vice Chairman.
BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby
elect Mr. Roger L. Thomas as Vice Chairman of the Planning Commission for the calendar year 2017.
(Note: Commissioner Thomas was absent from the meeting)
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Election of Michael T. Ruddy, Secretary for 2017
Chairman Wilmot declared nominations open for Secretary of the Planning Commission.
The nomination of Mr. Michael T. Ruddy was made by Commissioner Oates and
seconded by Commissioner Manuel.
Frederick County Planning Commission Page 3403
Minutes of January 4, 2017
Motion was made by Commissioner Marston, seconded by Commissioner Dunlap, and
unanimously passed to close the nominations for Secretary.
BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby
elect Mr. Michael T. Ruddy as Secretary of the Planning Commission for the calendar year 2017.
(Note: Commissioner Thomas was absent from the meeting)
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MEETING SCHEDULE FOR 2017
Planning Commission and Committees
Upon motion made by Commissioner Oates and seconded by Commissioner Mohn
BE IT RESOLVED, that the Frederick County Planning Commission voted unanimously to have their
regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. to be held in the
Board of Supervisors’ meeting room in the Frederick County Administration Building. In addition, if
inclement weather prohibits the Wednesday evening meeting, the Commission shall move the meeting to
Thursday evening, the day after the regularly-scheduled Wednesday meeting.
BE IT FURTHER RESOLVED, that the Frederick County Planning Commission has voted unanimously
for their Comprehensive Plans and Programs Committee to meet the second Monday of each month at
7:00 p.m. in the first floor conference room; and for the Development Review and Regulations
Committee to meet on the fourth Thursday of each month at 7:00 p.m. in the first floor conference room.
(Note: Commissioner Thomas was absent from the meeting)
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Committee Assignments for 2017
Regarding committee assignments for the calendar year of 2017, Chairman Wilmot asked the
Planning Commission members to remain in their current committee assignments.
Chairman Wilmot announced the following liaisons: Transportation Committee,
Commissioner Oates; Sanitation Authority, Commissioner Unger; Conservation Easement Authority,
Commissioner Triplett; Winchester Planning Commission, Commissioner Kenney; and Historic
Resources Advisory Board, Commissioner Cline.
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PLANNING COMMISSION BYLAWS AND ROLES & RESPONSIBILITIES FOR 2017
Director, Michael E. Ruddy, stated the Planning Commission’s Bylaws and the Roles and
Responsibilities have been reviewed by the Commission and modifications were deemed to be
appropriate and are ready for the Commission’s consideration and adoption.
Upon motion made by Commissioner Oates and seconded by Commissioner Cline
Frederick County Planning Commission Page 3404
Minutes of January 4, 2017
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously adopt the
Planning Commission’s Bylaws and the Roles & Responsibilities for the calendar year of 201 7 as
presented.
(Note: Commissioner Thomas was absent from the meeting)
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COMMITTEE REPORTS
Transportation Committee – Mtg. 12/19/16
Commissioner Oates reported the Committee met with the Frederick County School
Board and discussed ways to improve the entrance at Frederick County Middle School. The Committee
recommended again that the School Board try to find an alternative to get out on Gainesboro Road for
safety improvements. Commissioner Oates continued the Committee heard updates on various County
projects which included: Snowden Bridge Boulevard to the north is finished; Tevis Street extension
design is at 75%; Renaissance Drive project is working with CSX for a rail crossing; Valley Mill Road
realignment is at 30% design; and Jubal Early Drive extension is moving forward.
Frederick County Sanitation Authority (FCSA) – Mtg. 12/20/16
Commissioner Unger reported the customer base is now at 14,863 connections, the
monthly water use averaged 5.22 MGD, and this is consistent with October 2016. Commissioner Unger
continued, the Diehl quarry continues to lose ground so FCSA has reduced daily withdrawal to 1.6 MGD
which is offset by purchasing water from the City of Winchester. Commissioner Unger noted purchases
from the City of Winchester are expensive and efforts are underway to develop additional water sources
so that purchases from the City can be reduced. Commissioner Unger concluded the Anderson quarry is
stable, providing the needed 1.6 MGD and rainfall was slightly less in October 2016 at 1.44 inches.
City of Winchester Planning Commission – Mtg. 12/20/16 and 1/03/17
Commissioner Kat Eaton reported the Commission recommended denial for a CUP
extended stay lodging at 2645 Valley Avenue. She continued the following items were recommended for
approval: a Rezoning for Oakcrest on Southwerk Street for 2.3 acres from Medium Density Residential
to a Medium Density Residential with a Planned Unit Development overlay; a Subdivision with
improvements at 12-50 Ricketts Drive for Ricketts Business Center LLC; a CUP for BAPA Hospitality at
1347 Berryville Avenue for extended stay lodging. Ms. Eaton concluded the Commission held a work
session on January 3, 2017 at which time a review of an Ordinance to amend the Corridor Enhancement
District Standards and Guidelines was performed.
Board of Supervisors Report – Mtg. 12/14/17
On behalf of Supervisor Dunn, Chairman Wilmot reported the Board of Supervisors
approved a 12 month festival permit for Belle Grove Plantation and also discussed the 2035
Comprehensive Plan Update including the Kernstown Area Plan and the CPPA #01-16 Leonard Property.
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Frederick County Planning Commission Page 3405
Minutes of January 4, 2017
CITIZEN COMMENTS
Chairman Wilmot called for citizen comments on any subject not currently on the
Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one
came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting.
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PUBLIC HEARING
2035 Comprehensive Plan – This is a public hearing for the 2035 Frederick County Comprehensive
Plan. The Plan addresses the future of Frederick County for its Citizens. The Plan is supported by
two Appendices: Appendix I, which includes each of the County’s Area Plans (Including the
Kernstown Area Plan and an update to the Southern Frederick Area Plan to include CPPA #01 -16
for the Leonard Property), and Appendix II, which provides background analysis and studies in
support of the Plan.
Assistant Director, Candice E. Perkins reported the five year review and update of the
2030 Comprehensive Plan was initiated in the summer of 2015 with a three phase approach: the first
phase was completed in September of 2015 and the second phase was concluded in March of 2016. Ms.
Perkins continued Staff has recently completed phase three of this process which wrapped up the public
outreach aspect of the Plan update and the joint work session. She noted following the August 17, 2016
joint work session of the Planning Commission and the Board of Supervisors and subsequent meetings,
Staff has made additional changes to the draft of the 2035 Comprehensive Plan and the Kernstown Area
Plan, based upon the input received. Ms. Perkins would like to express sincere thanks for a ll of the
valuable input provided to date and updates to the plan include:
Removal of redundant and repeated text to further simplify the document;
Change of Policies/Implementation to Goals/Strategies to allow for future flexibility
in the interpretation and implementation of Plan policies;
Formatting to ensure consistent terminology, formatting and organization;
Updated facts, figures, and maps;
Updates to the Kernstown Area Plan text and map;
Inclusion of the Leonard Property Sewer and Water Area (SWSA) comprehensive
Plan Amendment (CPPA #01-2016) to the Southern Frederick Area Plan.
Ms. Perkins reported updated plans were presented to the Comprehensive Plans and
Programs Committee (CPPC) at their October 2016 meeting; the CPPC endorsed the changes including
the Kernstown Area Plan. Ms. Perkins continued the CPPC also endorsed the Leonard Property Sewer
and Water Service Area (SWSA) Expansion request at their November 2016 meeting. The Planning
Commission discussed the 2035 comprehensive Plan update at their November 2, 2016 meeting, as well
as updates to the Transportation Chapter and the Leonard Property SWSA Expansion (CPPA #01-16) on
December 7, 2016. Ms. Perkins continued the Board of Supervisors discussed the updates at their
meeting on December 14, 2016; the Board of Supervisors sent the plan forward to public hearing with a
SWSA addition to the Kernstown Area Plan.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public
comment portion of the hearing.
Frederick County Planning Commission Page 3406
Minutes of January 4, 2017
Upon motion made by Commissioner Mohn, and seconded by Commissioner Dunlap
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of the 2035 Comprehensive Plan. The Plan addresses the future of Frederick County for its
Citizens. The Plan is supported by two Appendices: Appendix I, which includes each of the County’s
Area Plans (Including the Kernstown Area Plan and an update to the Southern Frederick Area Plan to
include CPPA #01-16 for the Leonard Property), and Appendix II, which provides background analysis
and studies in support of the Plan.
(Note: Commissioner Thomas was absent from the meeting)
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Cancelation of the regular meeting on January 18, 2017
Chairman Wilmot announced there were no pending items for the Planning
Commission’s January 18, 2017 meeting.
A motion was made by Commissioner Oates to cancel the January 18, 2017 meeting of
the Planning Commission. This motion was seconded by Commissioner Kenney and unanimously
passed.
(Note: Commissioner Thomas was absent from the meeting)
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner Kenney to
adjourn the meeting. This motion was seconded by Commissioner Cline and unanimously passed. The
meeting adjourned at 7:25 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
____________________________
Michael T. Ruddy, Secretary
B
CONDITIONAL USE PERMIT #10-16
WILLIAM CONLEY – Cottage Occupation, Furniture Repair
Staff Report for the Planning Commission
Prepared: February 17, 2017
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: 03/01/17 Pending
Board of Supervisors: 04/12/17 Pending
EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a
Cottage Occupation for a Furniture Repair Shop. Should the Planning Commission find this
application for a furniture repair shop to be appropriate, staff recommends that the following
conditions be attached to the CUP:
1. All review agency requirements shall be complied with at all times.
2. No retail sales shall be permitted.
3. Hours of operation Monday-Friday 8:00 a.m. to 5:00 p.m.
4. No employees other those residing on the property.
5. Any expansion or change of use shall require a new conditional use permit.
Following this public hearing, it would be appropriate for the Planning Commission to offer
a recommendation concerning this application to the Board of Supervisors.
Page 2
CUP #10-16, William Conley
February 17, 2017
LOCATION: This property is located at 5738 North Frederick Pike, Winchester, Virginia.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 19-A-25D
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: Residential
East: RA (Rural Areas) Use: Residential/Vacant
West: RA (Rural Areas) Use: Residential
PROPOSED USE: Cottage Occupation-Furniture Repair
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 522, the VDOT facility which would
provide access to the 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 commercial
standards.
Frederick County Inspections: Area shall comply with The Virginia Existing Building Code,
The Virginia Uniform Statewide Building Code and Section 311 – S-Storage Use Group of the
International Building Code/2012. Other Code that applies is ICC/ANSI A117.1-09 Accessible
and Usable Building Facilities.
Conditional Use of partial area in existing garage. A change of use permit is required. Please
submit a detailed floor plan with your permit that indicates the floor area in the existing garage
that will be used for business use.
Separation of garage area shall be maintained as required in IRC Section 302.5.
Storage of flammable/combustible liquids shall be in accordance with T 307.1.1. Storage of such
liquids shall be in an approved storage container as required under International Fire
Page 3
CUP #10-16, William Conley
February 17, 2017
Code/National Fire Protection Agency for the type of liquid stored.
Winchester-Frederick County Health Department: The Frederick County Health Department
cannot approve addition of employees. Public use of restroom cannot be approved. Health
Department has no objection to the furniture repair business operated by residents of house on
property.
Frederick County Fire Marshall: Plans approved. Approved as long as 3 conditions are met.
At least 1 5lb ABC fire extinguisher be installed and tagged in the shed. At least one (1)
working smoke detector installed in the shed. The fire department has access to the shed and b e
maintained at all times.
Planning and Zoning: The Frederick County Zoning Ordinance allows cottage occupations in
the Rural Areas (RA) Zoning District with an approved Conditional Use Permit (CUP). This
proposed cottage occupation will be for a furniture repair business located within an attached
garage 21’x 25’ in area. The Applicant intends to have two (2) customers per week to the
property. The only employees with this CUP shall be those residing on the property. Hours of
operation per the Applicant shall be Monday-Friday 8:00 a.m. to 5:00 p.m. This use will have
two (2) customers per week. Staff has not added a condition limiting the amount of customers.
The Planning Commission may include one if desired.
The subject property is not in an area where a land use study has been adopted by the County.
The proposed Cottage Occupation is consistent with the goals of the 2035 Frederick County
Comprehensive Policy Plan. Specifically, land use goals for the rural areas of the County identify
the importance of maintaining a rural character in areas outside of the Urban Development Area
(UDA). Based on the limited scale of the applicant’s proposed cottage occupation, it appears it
would not have negative impacts on adjoining properties or detract from the rural character of
the area.
If approved, the applicant may have one cottage occupation sign no greater than four (4) square
feet in size.
STAFF CONCLUSIONS FOR THE 03/01/17 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would recommend the
following conditions:
1. All review agency requirements shall be complied with at all times.
2. No retail sales shall be permitted.
3. Hours of operation Monday-Friday 8:00 a.m. to 5:00 p.m.
Page 4
CUP #10-16, William Conley
February 17, 2017
4. No employees other than those residing on the property.
5. Any expansion or change of use shall require a new conditional use permit.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
01522
19 A 25D
5707N FREDERICKPIKE
5653N FREDERICKPIKE
5672N FREDERICKPIKE
5636N FREDERICKPIKE
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5737N FREDERICKPIKE
307WHITETAIL LN
5844N FREDERICKPIKE
5846N FREDERICKPIKE
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Parcels
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B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
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01522
CUP # 10 - 16William ConleyPIN:19 - A - 25DCottage Occupation
0 160 32080 Feet
CUP #10-16
CUP # 10 - 16William ConleyPIN:19 - A - 25DCottage Occupation
01522
19 A 25D
5707N FREDERICKPIKE
5653N FREDERICKPIKE
5672N FREDERICKPIKE
5636N FREDERICKPIKE
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5737N FREDERICKPIKE
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01522
CUP # 10 - 16William ConleyPIN:19 - A - 25DCottage Occupation
0 160 32080 Feet
CUP #10-16
CUP # 10 - 16William ConleyPIN:19 - A - 25DCottage Occupation
C
CONDITIONAL USE PERMIT #01-17
Bowman Library- 871 Tasker Road
Shenandoah Mobile LLC
Staff Report for the Planning Commission
Prepared: February 17, 2017
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: 03/01/17 Pending
Board of Supervisors: 04/12/17 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit to enable the construction of a 195-foot
Monopole-Type Commercial Telecommunications Facility. Should the Planning Commission
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. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the Applicant or property owner within twelve (12)
months of abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
Following this public hearing, it would be appropriate for the Planning Commission to offer
a recommendation concerning this application to the Board of Supervisors.
Page 2
CUP #01-17, Bowman Library-Shenandoah Mobile
February 17, 2017
LOCATION: This property is located at 871 Tasker Road, Stephens City, Virginia.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 75B-A-1
PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance)
Land Use: Library
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential
East: RP (Residential Performance) Use: Open Space
West: RP (Residential Performance) Use: Vacant
PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of
A 195-foot Monopole-Type Commercial Telecommunications Facility.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a site plan for this property
appears to have little measurable impact on Route 642, the VDOT facility which would provide
access to the property. Present entrance is adequate for the proposed improvements. Should
business ever expand in the future, entrance may need to be upgraded.
Frederick County Inspections: Structure shall comply with The Virginia Uniform Statewide
Building Code and Section 312, Use Group U (Utility and Miscellaneous) of The International
Building Code 2012.
Per the Section 102.3 of The Virginia Uniform Statewide Building Code, 2012 Edition, Section
102.3 VUSBC exempts equipment, related wiring, and poles and towers supporting the related
wiring installed by a provider of publicly regulated utility service. The exemption shall apply
only if under applicable federal and state law the ownership and control of the equipment and
wiring is by the service provider or its affiliates. Such exempt equipment and wiring shall be
located on either public right-of-way or private property for which the service provider has the
rights of occupancy and entry; however, the structures, including their service equipment,
housing, or supporting such exempt equipment and wiring shall be subject to the USBC. The
installation of equipment and wiring exempted by this section shall not create an unsafe
condition prohibited by the USBC.
Page 3
CUP #01-17, Bowman Library-Shenandoah Mobile
February 17, 2017
Construction of the structural slab requires a building permit. Plans submitted shall be sealed by
a Virginia Registered Design Professional.
Please note the requirements in Chapter 17 of the IBC for special inspections for this type of
structure. (soil, concrete, bolts, etc.)
Winchester-Frederick County Health Department: The Frederick County Health Department
has no objection to this project since no wells or septic systems will be affected by this addition
to 75B-A-1.
Frederick County Sanitation Authority: Approved as noted (2) Items.
Frederick County Fire Marshall: Please see attached email from Barbara Johnson, Secretary,
Fire & Rescue dated January 18, 2017.
City of Winchester: No comments.
Winchester Regional Airport: Please see attached letter from Serena Manuel, Executive
Director dated January 23, 2017.
Planning and Zoning: The 2035 Comprehensive Policy Plan of Frederick County
(“Comprehensive Plan”) provides guidance when considering any land use action. This proposed
195-foot monopole-type commercial telecommunication facility is located on a 16+/- acre
property that is zoned RP (Residential Performance) District. The property is located within the
UDA and SWSA as identified within the Comprehensive Plan, and is located within the
Southern Frederick Area Plan. These plans identify this area to remain residential in character.
The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in
the RP (Residential Performance) Zoning District with an approved Conditional Use Permit
(CUP). The properties immediately adjacent to this proposed Conditional Use Permit (CUP) are
currently zoned RP (Residential Performance) Zoning District.
The zoning ordinance requires that all proposed telecommunication facilities be subject to
additional performance standards in order to promote orderly economic development and
mitigate the negative impacts to adjoining properties, residential properties, land use patterns,
scenic areas and properties of significant historic value. Furthermore, the Frederick County
Zoning Ordinance requires an Applicant to provide confirmation that an attempt was made to
collocate on an existing telecommunication facility, and possible collocation structures. The
Applicant has provided an inventory of existing telecommunication facilities, and no other
telecommunication facility or possible collocation opportunity structures exist in this area.
Should this facility be approved this commercial telecommunication facility will be positioned to
provide the existing and future land uses in this area of the County with telecommunication
needs.
Page 4
CUP #01-17, Bowman Library-Shenandoah Mobile
February 17, 2017
Waiver:
This proposed telecommunication tower is required to be setback from the property line 127 ft.
(tower is 195 ft. in height and the RP Zoning District height maximum is 45’, 195’- 45’ = 150’).
The normal setback (50’) per RP Zoning District plus one foot for every foot over the maximum
height of the district (45’) this telecommunication 150’ higher than is allowed in the district
(50’+150’= 200’). The site plan notes this tower at 127’ from the property line and the setbacks
cannot be met. The property adjacent to the setback waiver request is open space adjacent to the
lake.
The Applicant is requesting a waiver to reduce the required setback as set fort h in Section 165-
204.19 of the zoning ordinance. The Applicant has provided documentation from a certified
Virginia engineer with verification that the tower is designed and will be constructed in a manner
that, should the tower collapse for any reason, the collapsed tower will be contained in an area
around the tower, with a radius equal to or lesser than the setback, measured from the center line
of the base of the tower. Should this waiver be granted, the result will be a 73’ setback reduction.
(200’-127’=73’).
STAFF CONCLUSIONS FOR THE 03/01/17 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
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. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the Applicant or property owner within twelve (12)
months of abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit
In addition, should the Planning Commission find the waiver to the required setback is
acceptable; a motion to recommend approval of setback reduction of 73’ to allow the tower to be
127’ from the identified property would be appropriate.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
ST642
ST642
990TASKER RD 974TASKER RD
1033TASKER RD
997TASKER RD
1011TASKER RD
961TASKER RD 973TASKER RD
985TASKER RD 108LAURELHILL DR
100LAKESIDE DR
102LAURELHILL DR
104LAURELHILL DR 103MIMOSA DR
100LAURELHILL DR
102LAKESIDE DR
107LAURELHILL DR
104LAKESIDE DR
106LAKESIDE DR 101LAURELHILL DR
103LAURELHILL DR
105LAURELHILL DR
108LAKESIDE DR
107MIMOSA DR
110LAKESIDE DR 112LAKESIDE DR 109MIMOSA DR
114LAKESIDE DR
125POCONO PL
123POCONO PL
94CHINKAPINDR
94CHINKAPINDR 126POCONO PL 121POCONO PL
119POCONO PL
94CHINKAPINDR
124POCONO PL
120POCONO PL
122POCONO PL 117POCONO PL
115POCONO PL 113POCONO PL
92CHINKAPINDR 92CHINKAPINDR
180HACKBERRY DR
176HACKBERRY DR
116POCONO PL
118POCONO PL
111POCONO PL
109POCONO PL
172HACKBERRY DR
112POCONO PL114POCONO PL
107POCONO PL
90CHINKAPINDR90CHINKAPINDR
90CHINKAPINDR
144HACKBERRY DR
160HACKBERRY DR162HACKBERRY DR
166HACKBERRY DR
100POCONO PL108POCONO PL 105POCONO PL
103POCONO PL
120HACKBERRY DR 140HACKBERRY DR
101POCONO PL
200HACKBERRY DR 202HACKBERRY DR
204HACKBERRY DR206HACKBERRY DR124HACKBERRY DR 136HACKBERRY DR
132HACKBERRY DR 385SURREYCLUB LN
377SURREYCLUB LN
100CHINKAPIN DR 114HACKBERRY DR
110HACKBERRY DR 393SURREYCLUB LN
361SURREYCLUB LN
108CHINKAPIN DR
100HACKBERRY DR 407SURREYCLUB LN 399SURREYCLUB LN
396SURREYCLUB LN 386SURREYCLUB LN
368SURREYCLUB LN 347SURREYCLUB LN
345SURREYCLUB LN
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B1 (Neighborhood Business District)
B2 (General Business District)
B3 (Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Light Industrial District)
M2 (Industrial General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Areas District)
RP (Residential Performance District)
I
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CUP # 01 - 17Bowman LibraryPIN:75B - A - 1Cell Partnership for Shenandoah Mobile
0 330 660165 Feet
CUP # 01 - 17Bowman LibraryPIN:75B - A - 1Cell Partnership for Shenandoah Mobile
CUP #01-17
ST642
ST642
990TASKER RD 974TASKER RD
1033TASKER RD
997TASKER RD
1011TASKER RD
961TASKER RD 973TASKER RD
985TASKER RD 108LAURELHILL DR
100LAKESIDE DR
102LAURELHILL DR
104LAURELHILL DR 103MIMOSA DR
100LAURELHILL DR
102LAKESIDE DR
107LAURELHILL DR
104LAKESIDE DR
106LAKESIDE DR 101LAURELHILL DR
103LAURELHILL DR
105LAURELHILL DR
108LAKESIDE DR
107MIMOSA DR
110LAKESIDE DR 112LAKESIDE DR 109MIMOSA DR
114LAKESIDE DR
125POCONO PL
123POCONO PL
94CHINKAPINDR
94CHINKAPINDR 126POCONO PL 121POCONO PL
119POCONO PL
94CHINKAPINDR
124POCONO PL
120POCONO PL
122POCONO PL 117POCONO PL
115POCONO PL 113POCONO PL
92CHINKAPINDR 92CHINKAPINDR
180HACKBERRY DR
176HACKBERRY DR
116POCONO PL
118POCONO PL
111POCONO PL
109POCONO PL
172HACKBERRY DR
112POCONO PL114POCONO PL
107POCONO PL
90CHINKAPINDR90CHINKAPINDR
90CHINKAPINDR
144HACKBERRY DR
160HACKBERRY DR162HACKBERRY DR
166HACKBERRY DR
100POCONO PL108POCONO PL 105POCONO PL
103POCONO PL
120HACKBERRY DR 140HACKBERRY DR
101POCONO PL
200HACKBERRY DR 202HACKBERRY DR
204HACKBERRY DR206HACKBERRY DR124HACKBERRY DR 136HACKBERRY DR
132HACKBERRY DR 385SURREYCLUB LN
377SURREYCLUB LN
100CHINKAPIN DR 114HACKBERRY DR
110HACKBERRY DR 393SURREYCLUB LN
361SURREYCLUB LN
108CHINKAPIN DR
100HACKBERRY DR 407SURREYCLUB LN 399SURREYCLUB LN
396SURREYCLUB LN 386SURREYCLUB LN
368SURREYCLUB LN 347SURREYCLUB LN
345SURREYCLUB LN
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: February 6, 2017Staff: mcheran
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CUP # 01 - 17Bowman LibraryPIN:75B - A - 1Cell Partnership for Shenandoah Mobile
0 330 660165 Feet
CUP # 01 - 17Bowman LibraryPIN:75B - A - 1Cell Partnership for Shenandoah Mobile
CUP #01-17