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01-17 Comments (2)
Lynn Koerner- 540-335-0030 Site Acquisition and Project Development Contractorfor Shentel March 28, 2017 Zoring and Subdivision Administrator 107 North Kent Suite 202 Winchester, VA 22601 Re: Shenandoah Mobile LLC - Shentel) - Site 15449 - Tasker - Conditional Use Permit Gear Sir.- Shenandoah ir: Shenandoah Mobile LLC (Shentel) is seeking a Conditional Use Permit under the Frederick County Zoning Ordinance for an unmanned wireless telecommunications facility. The facility will consist of a new 165' tall monopole structure with 4' lightning rod, with a 70' x 70'equipment compound within a 100' x 100' lease area. Shentel proposes to place their antenna and remote radios at a RAD center of 193'. Pursuant to the Zoning Ordinance, Shentel has designed the facility to accommodate a minimum of three (3) additional carriers. The entire compound area will be surrounded by an 8'tall board fence with additional landscaping. Access to the facility will be from a 20' access drive from the Library access and overflow parking area. The access drive is proposed to be constructed and covered with stabilization materials equivalent to the materials in the existing overflow parking area. The telecommunications facility will have no impact on the air quality, water quality, radiation exposure, light pollution, noise pollution, or traffic congestion. The site wili be routinely maintained with a minimum of one monthly visit. The facility will have limited access and parking for a standard size vehicle. The site has been designed to specifications provided for fire apparatus access road turnaround per the fire marshals comments. The Properly consists of approximately 16 acres and is zoned Rrp, Residential Performanc-s. Adjoining properties are also zoned RP, Residential Performance. Zoning and Subdivision Administrator March. 28, 2017 P gg 2 T he Property is owned by Frederick County and it currently improved with the Bowman ibrary and surrounding parking lots. The monopole and associated compound will be sited cn the north east side of the Property and will be screened with a board fence and vegetative plantings. ReT_ rq, Meats; This Facility will be part of Shentel's telecommunications network as illustrated on !,he engineering plans and propagation maps included with this application. Shentel's objective is to provide capacity for Sprint service east of Interstate 81 and along Tasker Road and into the area of the many residence in the subdivisions. The proposed installation will not only fill service gaps, but will enhance 4G -LTE data service to residences in the surrounding area. Currently due to the high demand of high-speed data, the existing surrounding cell sites do not support the capacity needs for the area. This site will offload the existing sites and enhance data speeds. There are no existing structures within the search area to suppori Shentel's antennas. Zoning-. In accordance with the requirements of Section 165-204.19 (1)-(5), Shentel submits the following information. 1. Propagation maps depicting the need for improved service n the target area 2 The search area map 3 Shentel confirms that a complete search of the search ring was conducted and that no existing infrastructure is available en which to co -locate. Shentel has an installation cn the nearby water tank at the Sanitation Authority and determination was made that this site does not support the need and will not work. Upon making the determination that no other structures were available it this area, Shentel then sought a rawland site to develop this proposal. 4. Radio Frequency Engineer's letter documenting compliance with Federal Communications Commission ANSI/EEE Standards. 5. The Site Agreement dated Dec 2, 2016 and signed by both Shentel and Frederick County addresses the information that both parties are aware of the requirements as stated n paragraph 165-204.198(7) regarding tower removal. Section 165-204.19 of the Zoning Ordinance provides the performance standards for telecommunication uses. The proposed facility complies with the performance standards as follows: The Board of Supervisors may reduce the required setback distance for commercial telecommunications facilities as required by 165-201.038(8) of this chapter if it can be demonstrated that the location is ofequal orlesserimpact. When a reduced setback is requested for a distance less than the height of the tower a certified Virginia engineer Zoning and Subdivision Administrator March 28, 2097 Page 3 shall provide verification to the Planning Corr;mission that the toweris designed, and will be constructed, in a manner that if the tower collapses for any reason the collapsed to vier Kil be contained in an area around the tower with a radius equal to or lesser than the setback, measured from the center line o; the base o f the tower. In no case shall Me setback distance be reduced to less than the distance of the tower height Commercial telecommunications facilities affixed to existing structures shG11 be exempt- mom xempt;nom setback requirements, provided that they are iccated no closerto the adjoining prop eiy line from, the existing structure. Response: Shentel is seeking a waiver of the setback requirement from the northern property line. The monopole setback will be 127' from the northern boundary line of the parcel (tower a 165' in height and the RP Zoning District height maximum is 45', 165'- 45'= 120') The normal rear setback is (50') in RP Zoning District plus one foot for every foot over the maximum height of the district (45') = 120' higher than is allowed in the district. (50' + 120' = 170; The site plan indicates that the tower is placed 127' from the property line and the setbacks cannot be met. The resulting computation is (170'-127' _ 43') resulting In a waiver request of 43'. It should be noted that the northern property cuts thru the lake which will preclude any development. The placement of the tower is to the rear of the parcel to utilize some of the vegetation as well as remain removed from the easement area for the sanitary line running from the library towards Lakeview Drive. The setback is less than the height of the proposed structure and verification from a certified engineer from Valmont Structures is provided with the application concerning this matter. (2) Monopole -type construction shall be required for new commercial telecommunications towers. the Board of Supervisors may allow lattice -type construction fornew telecommunications tower when existing orplanned residential areas will not be impacted and when the site is not adjacent to identified histoncai resources. Response: The proposed tower will be a monopole type construction (3) Advertising shall be prohibited on commercial telecommunications facilities except for signage providing ownership identification and emergency information. No more than two signs shall be permitted. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 10 feet above grade. Response _There will be no signs or advertising on the facility other than permitted by this paragraph. (4) When lighting is required a7 coni mercial telecommunications facility towers, dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration or ifte Federa4 Comr;.: unkations Commission. Strobe lighting shall be shielded from ground Zoning and Subdivision Administrator March 28, 20; 7 Page 4. - view to mitigate illumination to neighboring properties. Equipment building and other accessory structures operated in conjunction with commercial teleccrnmunications facility towers shall utilize infrared lighting aad motion detector fighting to prevent continuous illumination. Response: The tower will not be lighted unless required by the FAA or as provided as a condition o` approval by the Board of Supervisors. ►.f lighting of the tower is required that Bighting wi;i be in accordance with the FAA and this paragraph. All other associated lighting will comply with the requirements of this paragraph. (5) Commercial telecommunications facilities shafbe constructed will► materials of a galvanized finish orpainted a noncontrasting blue orgray unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. ResRonse: The tower will be of a galvanized, gray fr,ish (6) Commercial teiecommunications facilities shall be adequately enclosed to prevent access by persons other than employees of the service provide. Appropriate landscaping and opaque screening shall be provide to ensure that equipment buildings and other accessory structures are not' visible from adjoining properties, road or other rights-of-way. Response: All associated equipment at the base of the monopole structure will be within a 70' x 70' compound area surrounded by an 9 tall wood fence with a tree planting proposed around the perimeter of the fence. (7) Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner ofsuch tower shall remove same within 90 days of receipt of notice from Me Frederick County Department of Planning and Development. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. If there are two or more users of single tower, then this provision shall not become effective until all users cease using the tower. If the tower is not removed within the ninety -day period, the County will remove the facility and a lien maybe placed to recover expenses. Response:_If the tower facility is not used for a continuous period of 12 months it will be removed along will all associated equipment and fencing as defined in the lease agreement dated December Z 2016. Compliance with the Frederick County Comprehensive Plan: Although telecommunications facilities are not specifically addressed, Shente/ feels that this proposed facility is in accordance MM the design principals of the Urban Area. Many people are replacing their Jandhne phones with wireless phones and devises. This area of the county is built tin with many residents Shentel seeks to improve service in Zoning and Subdivision Administ, aior March 28, 2017 Page 5- tris area where there is existing demand and where future growth is anticipated. This site has been sited to improve service ;,or tl•,e residents and visitors of this portion of redenck County and to ensure reliable coverage for emergency response personnel and those who depend upon them. Shentel is sensitive to the impertance of preserving the natural and historic resources of the Couniy. Shentei is required, as part of The Conditional Use Permit Application process to provide documentation of review pursuant to the National Environmental Policy Act (NEPA), Section 106 of the National Historic Preservation Act and the State Historic Preservation Office (SHPO). Our consultant has conducted his evaluation of the area and has submitted the report to the State. The preliminary report will demonstrate that there are no adverse effects of surrounding historic resources and a final report will be provided upon receipt. Shea tai submits that the proposed tower is h keeping with the core values and principals outiined for this area of Frederick County. Conclusion: We respectfully submit that the conditional use permit be approved as it is in conformance with the Frederick County Comprehensive Plan and meets the standards h the Frederick County Zoning Ordinance, with the exception of the setback requirement from the northern property line from which we are requesting a waiver, as outlined above. Please contact me at (540)335-0030 should you have any questions. you&rf I� Attachments 0 r n e r as Site Acquisition and Project Development Contractor for Shentei `SHENTEL' TASKER 15449 781 Tasker Rd, Stephens City, VA 22655 195% MONOPOLE SIMULATION View #2 from Mimosa Drive approx. 1,090ft. east-northeast of site IA,KLK 15449 781 Tasker Rd, Stephens City, VA 22655 4 AIM RAS' Kin0nil C fel March 3-7, 2017 Rod Williams, Frederick County Attorney 107 North Kent Street, 3`d Floor Winchester, Virginia 226o3 Re: Conditional Use Permit No. 01-17 — Shenandoah Mobile LLC - 15449 Tasker— 873- Tasker Road, Stephens City, VA — Bowman Library Property Mr. Williams: As a follow up to the Planning Commission meeting held on March 1, 203-6 regarding the Conditional Use Permit application by Shenandoah Mobile LLC ('Shentel'), I wanted to provide you with additional information pursuant to comments from the Commissioners and public concerning Shentel's application for a new telecommunications facility at the Bowman Library. Shentel Radio Frequency engineers have targeted the area near the intersection of Tasker Road and Aylor Road, east of Interstate 83- at Stephens City to provide much needed wireless service for Shentel/Sprint customers in this heavily populated area of Frederick County. Shentel's Site Acquisition Specialist, Mr. Lynn Koerner, searched for co -location possibilities within a designated search ring area. After not being able to find any existing structures within the search area capable of addressing the service need, Mr. Koerner then looked for parcels for a 'raw land' telecommunications facility. The new cell site search ring considered both the service coverage requirement as well as the existing Shentel cell sites that surround the area lacking service. These are the existing Shentel cell sites that surround the area lacking service: 1. Site 09532: 2839 Front Royal Pike on radio station property to the east; 2. Site 03180: 223- Spotswood Court near Sherando High School to the south; 3. Site 10055: 738 Fairfax Pike on the Exxon sign at intersection of VA 277 and 1-81 to the southwest; and 4. Site 03022: 3-21 Soldiers Rest Lane to the northwest. This is a copy of the search ring used to find candidates capable of providing required service: 13-7 Oronoco Street Alexandria, Virginia 2233-4.703.549.13-23 • www.©onohueStearns.com mol It �l�,� F'i:IZi•••'ri1� ✓.���.��`a+t : .14 f• i 1� �" . r .+ a �/. � � � +° � •a ' ♦ � r 3� ♦ � fit• ice. aar .1�/ t �•• �`► rit- 1.4 ni RO s �S �/. '.i � '. 'I- �: �'Qf�`f i�% ,� wv' � ♦•4• j�q1'�' r,:l ,! •- r'�••' ♦%r _y -y iii �+'r"�� : . Y[ �'� •!•� 'i V/`�/'■d•�n\,.: •- f yr � •.',,L: .� � �a' :� •�i �\ V , i ••'�' tt • �. c ° a. r � e. ' pt.7►f •�d••'1/'.t ti �'ir r �_ i�r:.►"'� ' .. 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Page 13 These are the locations within the search ring that were considered as potential candidates to meet the service requirements: Map No. Location Reason for Rule Out 1 Rooftop of CVS -66o Warrior Drive Insufficient height to clear trees and provide effective signal propagation. 2 New Structure at Convenience Store Mr. Koerner spoke with Ken Rice of HN 76o Warrior Drive Funkhouser, but could not achieve a structure of sufficient height while complying with setbacks. 3 Vacant Parcels at Corner of Warrior/ Mr. Koerner spoke with Mike Bryant, the Tasker attorney for Bowman and Shoemaker. The property owner was not interested in leasing space as they are reserving the parcel for future development. 4 Sherando Park Just inside the search ring on the south. Mr. Koerner spoke with Jonathan Turkel of Frederick County and Cynthia Waymack from the Virginia Department of Conservation and Recreation in Richmond. Because the Park was purchased under a grant that mandated a one-for-one replacement of any square footage used from an adjacent parcel, the proposal would require state action and had a low likelihood of approval. 5 Landgrant Lane, LLC 107 Emory Mr. Koerner spoke with property owner, Jeff Court Barrentine. Mr. Barrentine has plans to build a new home on the only portion of the property that would meet requisite setbacks. 6 Greenway Church 1275 Tasker Road Pastor was not interested in steeple/ sign or bell tower. 7 Frederick County Sanitation FCSA contact not interested in leasing space due Authority (North End of Lakeside to reversionary clause in deed. Presence of Drive) retention ponds on parcel would make siting difficult. 8 Wakeland Manor HOA Parcel (Open This parcel is designated open space at the end Space Parcel — North End of Lakeside of Lakeside Drive and is adjacent to the FCSA Drive) property. Mr. Koerner did begin negotiations with the HOA Board, its attorney and developer, but the HOA ultimately decided against signing the lease. 9 Large Parcel to the South of A representative for property owner, Winifred Bowman Library Hack, stated that they were not interested in leasing space as they were planning to use the property for future development and did not want to develop around a tower. 10 Large Parcel to the North of Owned by Winchester ARTRIP LLC. Shentel RF Frederick County Sanitation Engineering concluded that anything north of Authority property the FCSA would not provide the required service. 117 Oronoco Street Alexandria, Virginia 22314.703.549.1123 • www•DonohueStearns.com Page 14 11 Water tank at FCSA property The water tank at the FCSA property located at 31S Tasker Road was also considered, but was ruled out by RF as it would not achieve the I I I Iecessar y coverage improvement needed io the east near the intersection of Tasker Road and Aylor Road. Mr. Koerner contacted Mr. Mark Cheran, Frederick County Zoning and Subdivision Administrator, concerning pending applications from other wireless carriers. Mr. Koerner also inquired about available opportunities on the library parcel owned by Frederick County. As a County -owned property, the Bowman Library was considered as a viable raw land opportunity. This parcel met zoning requirements for siting, and a new tower on this parcel is capable of meeting Shentel's service requirements. Mr. Koerner and Shentel RF engineer, Chris Sahr, met with Mr. Cheran and County staff in June and August of 2o16, and then again with you in September and October for lease negotiations. The Board of Supervisors voted to approve the lease agreement between Shentel and the County at their November meeting. The lease was executed in December of 2016. In response to the neighborhood concerns and objections to the proposed facility, Shentel would like to propose the following visual mitigation techniques: 1). reducing the height of the proposed tower facility from 195feet to 165 feet above ground level 2). flush -mount the antennas and ancillary tower equipment 3). paint the proposed tower brown Shentel representatives would like to set up a meeting with you, Mr. Cheran, the Supervisor for the Shawnee District, Mr. Gene Fisher, and also Mr. Robert Wells of the Opequon District, at least a week priorto the April lith Board of Supervisor meeting. We would like to discuss Shentel's options to achieve our needs to provide the required service in this area. We appreciate your continued consideration of this matter, and are we happy to answer any questions you may have regarding the above. Sincerely, Edward L. Donohue CC: Mr. Mark Cheran, Frederick County Zoning and Subdivision Administrator Mr. Gene E. Fisher, Board of Supervisor member— Shawnee District Mr. Robert W. Wells, Board of Supervisor member— Opequon District 117 Oronoco Street Alexandria, Virginia 22314 0 703-549.3-3-23 * www.DonohueStearns.com James L. Silvester, PhD 102 Lakeside Drive Stephens City, Virginia 22655 540-664-2934 netsilO l kgmail.com February 28, 2017 TO: The Honorable Members of The Frederick County Board of Supervisors and Honorable Members of the Frederick County Planning Department. This communication is about placing a Cell Tower on the Bowman Library property. I want to start off by acknowledging that County Attorney Rod Williams has met with me twice (unannounced) and returned all email queries, and has been candid, friendly, forthright, and helpful in the matters at hand. If former Supervisor Harrington Smith were alive today I don't think he would be very happy with the proposed placement of the Shentel Cell Tower. Thirty (30) years ago, Harrington, a resident of Lakeside, and I stood before this Planning Commission and Board of Supervisors to stop the commercial development of the Lakeside Recreational Tract, which was set aside as "Common Area". Helped by 600 Lakeside Residents, we succeeded with the Bowman Library being a compromise solution. And I think no one can argue the cultural contributions of that Library to our neighborhoods and the whole County. Prior to the Library, there were tennis courts on the tract and fishing piers on the Lake. Its intent has always been for recreational purposes, and the plats I attached, obtained from the Planning Department, prove that point. The Lake is now an enclosed eco -system harboring seven (7) species of fish, turtles (some 18 inches in diameter), and nesting sites for Cooper Hawks which control rodents within our neighborhoods. See: http://www.hookandbullet.com/fishing-lakeside-lake-stephens-city-va/ To what extent the concentrated microwave radiation will harm the Lake or even humans within the area cannot be determined for lack of studies confined to the United States. But who wants to take the risk? Fifty years ago, we didn't know that cigarettes were silent and deadly killers. Europe and Asia are years ahead of the United States in cell technology and many countries within these regions have conducted detailed studies on the harmful effects of cell towers on humans. The attached is the most quoted. This study prompted the Government of Indian to pass restrictive legislation about cell towers. I am also attaching a Canadian article abstract about human health and cell towers backed by sixty-one (6 1) world class scientists who supports the article's findings. A municipality cannot reject a cell tower application based on health and/or environmental issues per the 1996 Telecom Act. It would open the County to suit in Federal Court. But an application can be rejected based on others facts such as zoning, aesthetics/value issues, and deed covenants that run with the land, which I will address below. 1). Does the Residential Performance District allow for commercial development? 2). Lakeside and Wakeland Manor are known for their underground utilities. It's been a hallmark for this area. I know of no other above ground utilities other than telephone poles along Tasker Road, which I believe sit on State property and a few light poles within the Townhome Sections. There are none within the Old Lakeside single family areas nor on the 42 -acre recreational lot, also known as the Common Area. Placing the cell tower on the proposed location would ruin the aesthetics of the area. And the United States 9th Circuit Court of Appeals has ruled that cell tower requests can be rejected based on aesthetics. 3). At the Shentel meeting veteran real estate professional Leo Smith noted that cell towers dampen the value of nearby homes. Shentel countered with a study from Montgomery County, Maryland. Smith quickly dismissed the study as one being based on population density zoning. I am attaching an abstract noting that cell towers negatively affect local house prices by as much as twenty (20) percent. 4). The Common Recreational Area was conveyed to Lakeview Townhouses, Inc., by deed. It was recorded on December 3rd, 1973 and is a matter of record in Deed Book 422, Pages 65-66. The covenants and restrictions imposed on the Common Recreational Open Space Area were duly recorded on March 6t", 1974 in Deed Book 427, Pages 777-803. On Pages 780 and 781 of this deed of dedication, it clearly states these covenants and restrictions "run with the land". That means these covenants and restrictions would survive future conveyances of property such as with the Bowman Library Tract as it was cut from the original Common Recreational Open Space Tract. On Page 789 of the deed its states in Section Two..... "The Common Area shall be used only for the purposes for which it is intended in the furnishing of services and facilitates for the enjoyment of the owners. " And any amendments to the covenants and restrictions must have seventy-five (75) percent approval from the Lakeview Townhouses, Inc, lot owners, with the amendments properly recorded. Shentel's market is thin in this area dwarfed by Verizon, Sprint, and ATT. I believe their motivation is to lease space on the proposed tower to other carriers as opposed to expanding their market share of cell phone users. How this benefits the owners is unclear and seems to profit only Shentel and the County. I reviewed the file within the Frederick Planning Office and am attaching the plats outlining the Common Recreational Area. And I discovered two (2) letters, one from a local attorney the other from what appears to be a private planner, both dated in 1986. Both were 2 apparently commissioned by the developer at the time to prove that he owned the Common Recreational Lots. Both concluded that no deed of conveyance or deed of dedication were found among the land records. However, my investigation and the County Attorney will agree that both a deed of conveyance to the Lakeview Townhouses, Inc. and a deed of dedication of Covenants and Restrictions exist from the early 70's. Both the attorney and planner at the time recommended the county avoid deciding about the Recreational Lots until reviewed by the Circuit Court. Which brings up a very unpleasant issue. Was the Library Tract properly conveyed and does a cloud exist on the deed? If you reference the Deed Book 422, Pages 65-66, dated December 3rd, 1973 and recited above, you will notice a conveyance of the Lakeside Recreational Open Space Lots to a Lakeview Townhouses, Inc. (LT) the original non-profit homeowner's association. This organization is still in existence and reports to the SCC under the ID of 0140873-1. The registered agent is Coventry Group Property Management at 21 South Kent Street, Winchester, VA 22601. They manage this property. I would assume LT still own it. There are two other associations: The Lakeside Condominiums Homeowners Association. (LCHA), is managed by the Cambridge Companies of 2509 Valley Avenue, Winchester, VA 22601 The Lakeside Development Homeowners Association (LDHA), think they own the Recreational Common Area Lots used by the developer to convey the Bowman Library Tract. This is also managed by Cambridge. But as you can see above, LT owns the respective Recreational Open Space Lots and no further conveyances can be found. Here is the issue ..... It appears from the records that the original Townhouse Association, Lakeview Townhouses, Inc. (LT) still owns the Recreational (Common Area) Lots referenced above and the developer never owned the Recreational Open Space Lots to transfer. This could place a "cloud" across the Bowman Library Deed. The Ben Butler letter within the Planning Office file dated 1986 stated that no deed transferring the Recreational Common Area Lots exists.... is simply inaccurate. The lots were conveyed to the non-profit Lakeview Townhouse, Inc. (LT) recited above. Butler was the developer's attorney at the time and the developer was trying to gain control of the Recreational Common Area Lots for commercial development ....The general perception was that the developer owned the Recreational Common Area Lots by transference from the Lakeside Development Homeowners Association (LDHA), which never owned the Recreational Common Area Lots. He then donated sixteen (16) acres to the County for the Bowman Library. It appears to be a bogus transaction unless you can find that LT conveyed the Open Space lots later to LDHA. The Bowman Library Tract may be clouded and the County may not have the authority to transact any business relative to the Bowman Tract. 3 The 1986 Butler letter implied that the County should not engage in activities related to the Lakeside Recreational Open Space Lots and it may be a matter of the Circuit Court to sort out, as recited above. I concur with Butler on this issue. I intend to oppose the CeII Tower all the way to the Courts if necessary. But now the stakes are much higher. The Bowman Library has proven to be a cultural icon and mecca for our County. As a professional educator, I don't want to disturb or dismantle anything that would harm that Library. I would highly recommend a postponement of the Conditional Use Permit hearing on March 1St and give the County Attorney more time to sort out the issues and take any remedial steps should they be required. The County Attorney has countered that any claim against the Library Deed could be defended based upon "adverse possession" in the Circuit Courts. I had this legally reviewed based on the 2009 Virginia Supreme Ruling affirming six (6) foundations upon which to declare adverse possession. The review suggests the argument would fail based on (1) one, maybe two (2) foundations not being met. An argument for adverse possession is an admission that the Library sits upon a "squatters deed" and the citizens of our County deserve a better solution. Know that although early, the citizens of Lakeside are massing to oppose this Cell Tower. A petition being circulated is referenced below. Read the comments of citizens. http://www.thepetitionsite.com/601/975/95 I /stop -the -lakeside -cell -tower/ These issues should be avoided. I am a big fan of the Library and in some small way consider it my baby waking up every morning looking across the field with great pride and satisfaction at the cultural icon it has become. Placing an aesthetically distasteful for-profit structure in full view of residential areas next to a cultural asset destroys the original intent for this tract of land. I hope that all those concerned will consider the legalities and opinions and views of the residences of this area before deciding on the proposed cell tower. Thank you for your time and consideration Best Regards, /s/ James L. Silvester Dr. James (Jim) L. Silvester 21 +. .-.y+qZ... 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". f" ^• � 1��� S•,� � "t ... �`,'^ '`�„. �'' •^.....t � � L F t l r rt pp- i ;.. t f Lynn Koerner — 540-335-0030 Site Acquisition and Project Development Contractor for Shentel February 2, 2017 Zoning and Subdivision Administrator 107 North Kent Suite 202 Winchester, VA 22601 Re: Shenandoah Mobile LLC — Shentel) — Site 15449 — Tasker — Conditional Use Permit Dear Sir: Shenandoah Mobile LLC (Shentel) is seeking a Conditional Use Permit under the Frederick County Zoning Ordinance for an unmanned wireless telecommunications facility. The facility will consist of a new 195' tall monopole structure with 4' lightning rod, with a 70'x 70'equipment compound within a 100'x 100' lease area. Shentel proposes to place their antenna and remote radios at a RAD center of 193'. Pursuant to the Zoning Ordinance, Shentel has designed the facility to accommodate a minimum of three (3) additional carriers. The entire compound area will be surrounded by an 8'tall board fence with additional landscaping. Access to the facility will be from a 20' access drive from the Library access and overflow parking area. The access drive is proposed to be constructed and covered with stabilization materials equivalent to the materials in the existing overflow, parking area. The telecommunications facility will have no impact on the air quality, water quality, radiation exposure, light pollution, noise pollution, or traffic congestion. The site will be routinely maintained with a minimum of one monthly visit. The facility will have limited access and parking for a standard size vehicle. The site has been designed to specifications provided for fire apparatus access road turnaround per the fire marshals comments. The Property consists of approximately 16 acres and is zoned RP, Residential Performance. Adjoining properties are also zoned RP, Residential Performance. Zoning and Subdivision Administrator February 2, 2017 Page 2: The Property is owned by Frederick County and is currently improved with the Bowman Library and surrounding parking lots. The monopole and associated compound will be sited on the north east side of the Property and will be screened with a board fence and vegetative plantings. Rea u irements: This Facility will be part of Shentel's telecommunications network as illustrated on the engineering plans and propagation maps included with this application. Shentel's objective is to provide capacity for Sprint service eazst of Interstate 81 and along Tasker Road and into the area of the many residence in the subdivisions. The proposed installation will not only fill service gaps, but will enhance 4G -LTE data service to residences in the surrounding area. Currently due to the high demand of high-speed data, the existing surrounding cell sites do not support the capacity needs for the area. This site will offload the existing sites and enhance data speeds. There are no existing structures within the search area to support Shentel's antennas. Zoninq: In accordance with the requirements of Section 165-204.19 (1)-(5), Shentel submits the following information. 1. Propagation maps depicting the need for improved service in the target area 2. The search area map 3. Shentel confirms that a complete search of the search ring was conducted and that no existing infrastructure is available on which to co -locate. Shentel has an installation on the nearby water tank at the Sanitation Authority and determination was made that this site does not support the need and will not work. Upon making the determination that no other structures were available in this area, Shentel then sought a rawland site to develop this proposal. 4. Radio Frequency Engineer's letter documenting compliance with Federal Communications Commission ANSI/EEE Standards. 5. The Site Agreement dated Dec 2, 2016 and signed by both Shentel and Frederick County addresses the information that both parties are aware of the requirements as stated in paragraph 165-204.196(7) regarding tower removal. Section 165-204.19 of the Zoning Ordinance provides the performance standards for telecommunication uses. The proposed facility complies with the performance standards as follows: The Board of Supervisors may reduce the required setback distance for commercial telecommunications facilities as required by 765-201.03B(8) of this chapter if it can be demonstrated that the location is of equal or lesser impact. When a reduced setback is requested for a distance less than the height of the tower, a certified Virginia engineer Zoning and Subdivision Administrator February 2, 2017 Page 3: shall provide verification to the Planning Commission that the tower is designed, and will be constructed, in a manner that if the tower collapses 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. In no case shall the setback distance be reduced to less than % the distance of the tower height. Commercial telecommunications facilities affixed to existing structures shall be exempt from setback requirements, provided that they are located no closer to the adjoining property line from the existing structure. Response: Shentel is seeking a waiver of the setback requirement from the northern property line. The monopole setback will be 127' from the northern boundary line of the parcel (tower is 195' in height and the RP Zoning District height maximum is 45', 195'- 45'=150') The normal rear setback is (50') in RP Zoning District plus one foot for every foot over the maximum height of the district (45') = 150' higher than is allowed in the district. (50' + 150' = 200') The site plan indicates that the tower is placed 127' from the property line and the setbacks cannot be met. The resulting computation is (200'-127' _ 73') resulting in a waiver request of 73'. It should be noted that the northern property cuts thru the lake which will preclude any development. The placement of the tower is to the rear of the parcel to utilize some of the vegetation as well as remain removed from the ea ement area for the sanitary line running from the library towards Lakeview Drive. The setback is less than the height of the proposed structure and verification from a certified engineer from Valmont Structures is provided with the application concerning this matter. (2) Monopole -type construction shall be required for new commercial telecommunications towers. The Board of Supervisors may allow lattice -type construction for new telecommunications tower when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historical resources. Response: The proposed tower will be a monopole type construction (3) ,advertising shall be prohibited on commercial telecommunications facilities except for signage providing ownership identification and emergency information. No more than two signs shall be permitted. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 10 feet above grade. Response: There will be no signs or advertising on the facility other than permitted by this paragraph. (4) When lighting is required on commercial telecommunications facility towers, dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. Strobe lighting shall be shielded from ground Zoning and Subdivision Administrator February 2, 2017 Page 4: view to mitigate illumination to neighboring properties. Equipment building and other accessory structures operated in conjunction with commercial telecommunications facility towers shall utilize infrared lighting and motion detector lighting to prevent continuous illumination. Response: The tower will not be lighred unless required by the FAA or as provided as a condition of approval by the Board of Supervisors. If lighting of the tower is required that lighting will be in accordance with the FAA and this paragraph. All other associated lighting will comply with the requirements of this paragraph. (5) Commercial telecommunications facilities shall be constructed with materials of a galvanized finish or painted a noncontrasting blue or gray unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. Response: The tower will be of a galvanized, gray finish (6) Commercial telecommunications facilities shall be adequately enclosed to prevent access by persons other than employees of the service provide. Appropriate landscaping and opaque screening shall be provide to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, road or other rights-of-way. Response: All associated equipment at the base of the monopole structure will be within a 70'x 70' compound area surrounded by an 8' tall wood fence with a tree planting proposed around the perimeter of the fence. (7) Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such tower shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and Development. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. if there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. If the tower is not removed within the ninety -day period, the County will remove the facility and a lien may be placed to recover expenses. Response: If the tower facility is not used for a continuous period of 12 months it will be removed along will all associated equipment and fencing as defined in the lease agreement dated December 2, 2016. Compliance with the Frederick County Comprehensive Plan: Although telecommunications facilities are not specifically addressed, Shentel feels that this proposed facility is in accordance with the design principals of the Urban Area. Many people are replacing their landline phones with wireless phones and devises. This area of the county is built up with many residents. Shentel seeks to improve service in Zoning and Subdivision Administrator February 2, 2017 Page 5: this area where there is existing demand and where future growth is anticipated. This site has been sited to improve service for the residents and visitors of this portion of Frederick County and to ensure reliable coverage for emergency response personnel and those who depend upon them. Shentel is sensitive to the importance of preserving the natural and historic resources of the County. Shentel is required, as part of the Conditional Use Permit Application process to provide documentation of review pursuant to the National Environmental Policy Act (NEPA), Section 106 of the National Historic Preservation Act and .tae State Historic Preservation Office (SHPO). Our consultant has conducted his evaluation of the area and has submitted the report to the State. The preliminary report will demonstrate that there are no adverse effects of surrounding historic resources and a final report will be provided upon receipt. Shentel submits that the proposed tower is in keeping with the core values and principals outlined for this area of Frederick County. Conclusion: We respectfully submit that the conditional use permit be approved as it is in conformance with the Frederick County Comprehensive Plan and meets the standards in the Frederick County Zoning Ordinance, with the exception of the setback requirement from the northern property line from which we are requesting a waiver, as outlined above. Please contact me at (540)335-0030 should you have any questions. Attachments as Sincerely y " r Site Acquisition and Project Development Contractor for Shentel SHENTEL SITE NUMBER: 15449 Shenandoah Mobile, 'LLC SITE NAME: TASKER ADDRESS: 871 TASKER ROAD, STEPHENS CITY, VA 22655 PROJECT TYPE: NEW EQUIPMENT AND NEW ANTENNAS ON ANEW 195' MONOPOLE W/ 4' LIGHTNING ROD AHCHITECTIENGINEER INFORMATION CNCIIAJr: I-SWARPD SITF 5Fir2KfiS 2500 Hl I'll, NMI nli . WTC 101 HE(}IIIAGL, P.\ 16!'.R Pw)'+C: 774 308.185N Q-1.1TI:I FA 111r"iOrl PROJECT DESCRIPTION INA RMK-C7 CCNSSTS (i 1HE CJS!e21 n11t:V OF PCS FWRWI:N I. ((%f.FF.1C SI AS. 4R 04?T FRANf:S. ICF (IwITIGES, -D I'm FRAHFS AND CAR, VS rM �•,N HONWOLf W/ I.IGIIINf1:01'!J WIININArJ['�1ILNf:CU a N. _ _ BUILDING CODE GRIME 1.11;) -- 1: .�.�..:i N.12:lKNI'1'r:I W IPT 16) _ DRIVING DIRECTIONS At EXIT 313. FAKE RAMP RIGHT FOR USA 7 NORTH r US30 WEST J U5322 NORTH TOWARD WRJCWESTeR TAKE RAMP FOR b1 S. AT EM 310. TAKE RAMP RIGHT FOR VA417 TOWARD, KERRSTOWN. TURN LEFT ONTO VA.37 S. TURN RIGHT ONTO TASKER RO. SrrE LOCATION ON THE LEFT. (nrR as) L4TITIV: 50.100)R}° H Y*46 T(IOF:.76. APPROVAL LIST ❑iF ::C .70XI. R.r. F1 U n P SHEETINDEX DO NOT SCALE DRAWINGS CtYrtk; f. t(•R s0.`(('; PRIrF m I. Y', ,vG 8 OIM.PSIOVS fS cONDITIW 0H Ii1r J()R SIT7 6 TefW, 111,C1)IATL t Y' 111' -FY 'Ll" AF1' T(:L' IN "J.RI1111G OF ANY RIS(4r •. -:1'S R!'I:ORP. HJL%:l "mc W11H 11f' - 0(+IN. WS10Ni18l C FIX, IHF iy':t HANDICAP REQUIREMENTS I'aCBNYIS I���lUQ:O a-0Hni TCY7 MR1A111 W31igDON. H.+M1P!I. N'Ar.CFSG I;. NOf RI (KUPLU. FOR 100241 0IECKM BY: C.M.Ct"W' P.E. WFORMATION: TASKER SITE NO. 1544.9 871 TASKFR Wm). 11 ['HIt; NS CI?Y. VA 1!655 SHEET TITLE: TITLE SHEET T- PROJECT SUMMARY NIL IP.Mi IP.: ISfiA S1rb N:NC: TASKFF 9Fr ACW : 871 T .SY.TR ROAD. 5T3P>Ir':S C:11. V.• 22615 ftN{R �.nqe. %*NM:KIWI HCCLL. UX Ik N.N.P' SG) S!P VILI, St.`.5' FDINRLd G. '/A Ft'J.0 ITgNI: PIX).P'.h100 :JNL .KNY.TK.flgr I'PhrX:RI(.K f,0UJ1Y tlanG : RP P✓1-1 It) NWRCv is A c.l Frvrr — A41: I5 "'e, I'n.wFR1) 0:..•ea I RLOEMLI' G(P,N11Y :•KJGINIA D,7 N NT ST '•`.'HJ.Nr ti:: R, :A %7601 R 1, P-- Sa1EN.N•.O I v'vl F1 FI Ff. iHc TCLFJ ('nC.YKF. SHEIII:I. IIRLk' APPLICANT INFORMATION AF4t I'.ANI: SNENTFI SHENAN :0.41 500 SHFWe�l. rr'v P.o.R % 4 T[ . 72e2. Po F...00P'.5173 AHCHITECTIENGINEER INFORMATION CNCIIAJr: I-SWARPD SITF 5Fir2KfiS 2500 Hl I'll, NMI nli . WTC 101 HE(}IIIAGL, P.\ 16!'.R Pw)'+C: 774 308.185N Q-1.1TI:I FA 111r"iOrl PROJECT DESCRIPTION INA RMK-C7 CCNSSTS (i 1HE CJS!e21 n11t:V OF PCS FWRWI:N I. ((%f.FF.1C SI AS. 4R 04?T FRANf:S. ICF (IwITIGES, -D I'm FRAHFS AND CAR, VS rM �•,N HONWOLf W/ I.IGIIINf1:01'!J WIININArJ['�1ILNf:CU a N. _ _ BUILDING CODE GRIME 1.11;) -- 1: .�.�..:i N.12:lKNI'1'r:I W IPT 16) _ DRIVING DIRECTIONS At EXIT 313. FAKE RAMP RIGHT FOR USA 7 NORTH r US30 WEST J U5322 NORTH TOWARD WRJCWESTeR TAKE RAMP FOR b1 S. AT EM 310. TAKE RAMP RIGHT FOR VA417 TOWARD, KERRSTOWN. TURN LEFT ONTO VA.37 S. TURN RIGHT ONTO TASKER RO. SrrE LOCATION ON THE LEFT. (nrR as) L4TITIV: 50.100)R}° H Y*46 T(IOF:.76. APPROVAL LIST ❑iF ::C .70XI. R.r. F1 U n P SHEETINDEX DO NOT SCALE DRAWINGS CtYrtk; f. t(•R s0.`(('; PRIrF m I. Y', ,vG 8 OIM.PSIOVS fS cONDITIW 0H Ii1r J()R SIT7 6 TefW, 111,C1)IATL t Y' 111' -FY 'Ll" AF1' T(:L' IN "J.RI1111G OF ANY RIS(4r •. -:1'S R!'I:ORP. HJL%:l "mc W11H 11f' - 0(+IN. WS10Ni18l C FIX, IHF iy':t HANDICAP REQUIREMENTS I'aCBNYIS I���lUQ:O a-0Hni TCY7 MR1A111 W31igDON. H.+M1P!I. N'Ar.CFSG I;. NOf RI (KUPLU. FOR 100241 0IECKM BY: C.M.Ct"W' P.E. WFORMATION: TASKER SITE NO. 1544.9 871 TASKFR Wm). 11 ['HIt; NS CI?Y. VA 1!655 SHEET TITLE: TITLE SHEET T- Tax MOP 75, PIN: 758 -A -1E \ 1 Lakeside Hameomers Association, Inc. Deed Book 869, Page 1134 S 17°00'35' E 1104.77' �r u, WCESIDELAKE /I Tox Map 75, PIN: 758-A-1 / w / Frederick County Ywginio / e -Mary Jane & JamesL. Bowman Librory" N Deed Book 861, Page 1042 '�. 16 Acres CWINIDE � CESSEASEMENT z r / (SaShut2arol �� y Reber FawM Existing N 17'00'49' W / Library 113.35' l\ / Budding �h a? itin Tax Map 75, PIN: 75B -A -80C ^ / PROPOSED 20' NOE Sation Enterprises. Inc. ACCESS EASEMENT 1j Deed Soak 843, Page 1621 \ 15" SINK 2 of 3) W 4 Existing Paved U I to 2 r Parking Lot A^al ,M I �71071J006 Reber Found 1n' \ PROPOSED 104'x1011' \,, LEASE AREA o ISae Shah l of 31 Nom, iA / '�f �r \ sm Q -gooFarc �N Ex1StSo i goie 1�1I 9014 toT11001 nos axl,'J PROPOSED S' WIDE `rm UTILITY EASEMENT �(So ShW 2013) Pole \ 81,Q717� p9,p'b Pale �. X717 q9. 0. s11690 �'� N 32'33'57' W, �pIIH pF _.� _ _ 1Le12T044' 40.92' /i N 16'20'49' W 301.61' R•3521.34' '__276. ��� K'QC L•230.36' N 20'05'42" WT — 55.67' TASKER ROAD PLAN NOTES ftx+nt.1: PLAN NOTES ftOnt 7. The facilityIs unmanned and is does not 1. The boundary lines shown below are derived from available Deeds, Tax Maps, and Plans of require potable water or sanitary service. ALAN VINCENT BURKE, JR. D Record, and does not represent an actual boundary survey. 8. The Proposed development does not include street signs of any type, and outdoor storage See. current deed book 861 or any said waster receptacles. page 3042, and deed book 26 page der for reference. ! 2. Site Address is 871 Tasker Road, Stephens City, V� 9. Power to the facility will in mance rat by a separate meter. %� �.is^"' t-26-2017 Virginia 22655 (Frederick County) 10. Attortling m FEMA flood insurance rate map community panel number: 540282 00788 , LiaNa 2445 3. This Plan is subject to all easements and restrictions of record. effectNe August 4th, 1998. The Proposed facility Is not In a 100 year flood plain, and is 4. The proposed facility will cause *De Minimis' Increase in Storm water Runoff. Therefor, no in Zone - x, Other Areas ]00 0 IOp 200 stru,ures are proposed. �,I 11. One light is proposed at the Facility for work while on site. '4i� '�1 �` 5. No signtNcant noise, smoke, dust, or odor will resuit from this facility. 12. Contractor to Test Pit E%IStin Sanity Sewer Crossings, 51/1- 6. The facility Is unmanned and Is not Intended for human habitation, there is no handicapg Sanitary gs, and coordinate with Frederick County Sanitation Authority Inspector, Tim Keller (540-868.1061). Sole: 1 i = 300 feet access required. q minimum 18' of vertical clearance is required, - I I A l L. - 1FAILINNO SOLUTIONS. :_� � Apex Land sowtare, ue D,ospect Street • Su" 304 Megerstown, Maryland 211740 DnaM: (240) 455.5209 far: (866) 914.0344 Infa.apexlandsdutbnsLaamaa.com NO. R V1. IO DESCRIPTION BY DATE SITE SURVEY OF PROPOSED EASEMENTS AND LEASE AREA AT: � THE PROPERTY OF FREDERICK COUNTY VIRGINIA FOR: � SH E NTE L SHENANDOAH PERSONAL COMMUNICATIONS, LLC SITE # 15449 - TASKER Tax Map 75, PIN: 75B A 1- Frederick County, VA SHEET 1 of 3 Drawn: & M. Landis pied: A. V. Burke, Jr. 1 Revised Monopole Height SML 1-4-17 2 Revised FCSA Comments SML 1.10-17 Date: Demmer 19, 2016 3 Revised FCSA B FCFM Comments SML 1.26-17 Project Number: 16.095 scale: L incl, - 100 feet