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HomeMy WebLinkAbout03-16 ApplicationSubmittal Deadline -;I 1 lD P/C Meeting BOS Meeting 1 L APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (check one): Property Owner _ Other NAME: Heather Rubinstein of SCE for Cellco Partnership d /b /a Verizon Wireless ADDRESS: c/o SCE, 905 Gerwig Lane, Suite M, Columbia MD 21046 TELEPHONE: (443) 546 - 0014 2. Please list all owners, occupants, or parties in interest of the property: Cellco Partnership d /b /a Verizon Wireless, Lessee Grace Brethren Church, Property Owner and Lessor 3. The property is located at: (please give exact directions and include the route number of your road or street) 143 Greenwood Road, Winchester VA 22062 4. The property has a road frontage of 900' feet and a depth of 200' feet and consists of 22.60 acres. (Please be exact) 5. The property is owned by Grace Brethren Church as evidenced by deed from Lonzora L. Barham and Helen Barham (previous owner) recorded in deed book no. 749 on page 801 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. Q Property Identification Number (P.I.N.) 55 A 79 Magisterial District Red Bud Current Zoning RA 5 0 • • 7. Adjoining Property: USE ZONING North Residential RA, RP East Residential, Commercial B2, RA South Residential RA West Residential RA 8. The type of use proposed is (consult with the Planning Dept. before completing): A 150' unmanned wireless telecommunications facility. Verizon to occupy an array at the 140' Rad Cent of the proposed monopole. Said monopole has been designed to accommodate at least 2 additional carriers and ground accommodations. Applicant's related equipment to be installed on proposed concrete pad at grade. The proposed described equipment will be enclosed by a chain link fence and landscaping. 9. It is proposed that the following buildings will be constructed: Not applicable. 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 neonle will be notified by mail of this annlication: Name and Property Identification Number Address NameSee Attachment Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 0 SCOTT & HEATHER MARIE MONTGOMERY STEPHEN & MEREDITH BAKER VINCENT S NACIN122WALLSCIR WINCHESTER VA 22062 119 BATTLEFIELD DR 117 BATTLEFIELD DR WINCHESTER VA 22602 WINCHESTER VA 22602 PIN 55F 21 B PIN 55F 2 17 PIN 55F 216 ERIC & DAWN STROHSNYDER DORIS E JOHNSON TRUSTEE ESTHER W RAUCH 115 BATTLEFIELD DR 113 BATTLEFIELD DR 111 BATTLEFIELD DR WINCHESTER VA 22602 WINCHESTER VA 22602 WINCHESTER VA 22602 PIN 55F 2 15 PIN55F 2 14 PIN 55F 2 13 JOHN & EITHNE NEVIN ALISON T DOW ROBERT D & EMORA J GOLIGHTLY 109 BATTLEFIELD DR 107 BATTLEFIELD DR 105 BATTLEFIELD DR WINCHESTER VA 22062 WINCHESTER VA 22602 WINCHESTER VA 22602 PIN55F 2 12 PIN 55B 4 5 PIN5564 4 ANNEKE & JAMES TAVENNER ROBERT T HARRIS LUIS & COVARRUBIAS ARELLANOE, GRICELDA 103 BATTLEFIELD DR 189 GREENWOOD RD 181 GREENWOOD RD WINCHESTER VA 22602 WINCHESTER VA 22602 WINCHESTER VA 22602 Pin55A81 PIN55A82 PIN55A83 TABB REALTY LLC RONALD EDWARD DEHAVEN RONALD EDWARD DEHAVEN 21625 ASHGROVE CT 2142BERRYVILLE PIKE 2142 BERRYVILLE PIKE WINCHESTER VA 20166 WINCHESTER, VA 222603 WINCHESTER VA 22602 PIN 55 A91 PIN 55A92 PIN 55 A93 RONALD EDWARD DEHAVEN RONALD EDWARD DEHAVEN RONALD EDWARD DEHAVEN 2140 BERRYVILLE PIKE 2142 BERRYVILLE PIKE 2142 BERRYVILLE PIKE WINCHESTER VA 22603 WINCHESTER VA 22603 WINCHESTER VA 22603 PIN55 21 43 - 1 -y 3 PIN55F 2 142 PIN55F 2141 CHRISTOPHER K & CAROL f MABEN RICHARD & DONNA SHROUT MICHELLE SNEYDER CAREY 113 WINNNS CIR 111 WINNS CIR WINCHESTER, VA 22602 WINCHESTER VA 22602 WINCHESTER VA 22602 PIN55F 2 140 PIN55F 2 133 PIN 55F 2 132 FRANCISCO & COLLEEN GUERRERO JORGE & ELIZABETH GOMEZ CRAIG & MANDI SMITH 107 WINNS CIR 106 WALLS CIR 108 WALLS CIR WINCHESTER VA 22602 WINCHESTER VA 22602 WINCHESTER VA 22602 55FdH -3, RANDY S GROOSE PIN 55F 2 1 30 PPIN 55F 2 19 110 WALLS CIR KAREN T WEINSTEIN MICHAEL A HOFFMAN WINCHESTER VA 22602 112 WALLS CIR 114 WALLS CIR WINCHESTER, VA 22602 WINCHESTER VA 22602 PIN 55F 2 128 PIN 55F 2 127 PIN 55 F 2 126 LAURIE BOYCE & CLARENCESMITH III CARLTON & JAN RICKETTS JOHN A & CHARYN L KOWALSKI 116 WALLS CIR 118 WALLS CIR 120 WALLS CIR WINCHSTER VA 22602 WINCHESTER VA 22602 WINCHESTER VA 22602 PIN 55F 2 125 PIN 55F 2 110 PIN 55F 2 19 SCOTT & HEATHER MARIE MONTGOMERY STEPHEN & MEREDITH BAKER VINCENT S NACIN122WALLSCIR WINCHESTER VA 22062 119 BATTLEFIELD DR 117 BATTLEFIELD DR WINCHESTER VA 22602 WINCHESTER VA 22602 PIN 55F 21 B PIN 55F 2 17 PIN 55F 216 ERIC & DAWN STROHSNYDER DORIS E JOHNSON TRUSTEE ESTHER W RAUCH 115 BATTLEFIELD DR 113 BATTLEFIELD DR 111 BATTLEFIELD DR WINCHESTER VA 22602 WINCHESTER VA 22602 WINCHESTER VA 22602 PIN 55F 2 15 PIN55F 2 14 PIN 55F 2 13 JOHN & EITHNE NEVIN ALISON T DOW ROBERT D & EMORA J GOLIGHTLY 109 BATTLEFIELD DR 107 BATTLEFIELD DR 105 BATTLEFIELD DR WINCHESTER VA 22062 WINCHESTER VA 22602 WINCHESTER VA 22602 PIN55F 2 12 PIN 55B 4 5 PIN5564 4 ANNEKE & JAMES TAVENNER ROBERT T HARRIS LUIS & COVARRUBIAS ARELLANOE, GRICELDA 103 BATTLEFIELD DR 189 GREENWOOD RD 181 GREENWOOD RD WINCHESTER VA 22602 WINCHESTER VA 22602 WINCHESTER VA 22602 9 PIN55643 PIN 55B 4 2A ILUK U LONG & PHYLLIS WASHINGTON JAMES C & JEAN E SNEDEKER 175 GREENWOOD RD 291 FORTREE DR WINCHESTER VA 22606 WINCHESTER VA 22603 PIN55F 13 203B SHENENDOAH HILLS HOA 107 N KENT ST WINCHESTER VA 22601 PIN 55 A 79 SUBJECT PARCEL GRACE BREHTRN CHURCH 143 GREENWOOD RD WINCHESTER VA 22062 I PIN55 A 78A I THOMAS C HILLYARD 142 GREENWOOD RD WINCHESTER VA 22602 PIN 55B 4 1A HELEN A BARHAM 159 GREENWOOD RD WINCHESTER VA 22601 PIN55A78 MARK & MELINDA HILLYARD 118 GREENWOOD RD WINCHESTER VA 22602 0 • 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 Addr. Owners' Telephone No. 540- 662 -6360 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 0 AFFIDAVIT i• Verizon Wireless Commercial Telecommunications Facility CUP Application for 143 Greenwod Road The undersigned, the Owner of the Property at 143 Greenwood Road and Verizon Wireless, the Owner of the Commercial Telecommunications Facility proposed to be built at 143 Greenwood Road, are aware of the requirement of Frederick County Virginia, per Section 165- 204.19(B)7 of the Frederick County Virginia Ordinance, that 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 removal of the tower, all tower and fence footers, underground cables and support building. The provision shall not become effective until all users cease using the tower. If the tower is not removed within the 90 -day period, the County will remove the facility and a lien may be placed to recover expenses. The undersigned have reviewed these requirements and acknowledge that they will be held responsible for removal of the commercial telecommunications facility. Grace Brethren Church, Owner of the Property & Lessor 143 Greenwood Road, Winchester, VA 22062 Printed Name & Date Ci) Signature As Witnessed Before Me This Day Notary Seal and Signature id ' -3 1 9 -(Le ANA Mir—HAEL NTARY PUBLIC C OF VIRGINIA 1 !AY COMMISSION EXPIRES AUG. 31. 2016 15SIq?; A 7517401 Verizon Wireless, Lessee of the Property and Owner of the Commercial Telecommunications Facility 7600 Montpelier Road, Laurel, MD 20723 Printed Name & Date Signature As Witnessed Before Me This Day Notary Seal and Signature Applicant: Name of Project: Property Address: Magisterial District: Parcel ID No: Zoning Classification: Property Owner: Background Frederick County, Virginia Conditional Use Permit Application for Verizon Wireless Statement of Justification Cellco Partnership d /b /a Verizon Wireless Shenandoah Hills 143 Greenwood Road, Winchester, Virginia 22602 Red Bud 55A79 RA Grace Brethren Church The Applicant, Cellco Partnership d /b /a Verizon Wireless, seeks a Conditional Use Permit under § §165- 103.01 through 165 - 103.08 of the Frederick County Zoning Ordinance (the "Zoning Ordinance "), for a non - manned wireless telecommunications facility (the "Facility "). The Facility will consist of a new 150' tall monopole and 50' X 50' equipment compound at its base. The facility will be located on the above referenced premises (the "Property "). Applicant plans to utilize the 140' RAD center for placement of 12) panel antennas. Pursuant to the Zoning Ordinance the Applicant has designed the Facility to accommodate at least two (2) additional carriers. The design is such that there is a RAID center for colocation above and one below the Applicants location each with its own 12' x 20' ground space . The associated equipment canopy will cover Verizon Wireless' equipment cabinets and generator on concrete slabs. The entire compound will be surrounded by an 8' high chain link fences and landscaping. Access to the facility will be from a 12' wide gravel access drivee from the Church parking lot. The Facility will have no impact on air quality, water quality, radiation exposure, light pollution, noise pollution, or traffic congestion or circulation. The antennas emit no noise, light or odors. The Facility will routinely be maintained with four or fewer visits from personnel a year. There will be limited access to the Facility with parking for no more than one standard sized vehicle. The Property consists of approximately 22.60 acres and is zoned RA, Rural Area District. Adjoining properties are zoning RA, RP and B2. The Property is owned by Grace Brethren Church and is currently improved with a Church building, parking lot, sheds and gazebo. The monopole and associated compound will be sited on the northern edge of the Property and will be screened by existing vegetation on all sides. Requirement and Site Evolution The Facility will be part of Verizon Wireless' telecommunications network as illustrated on the engineering plans and propagation maps included in this application. The Applicant's objective is to provide capacity for Verizon Wireless services east of Interstate 81, along Berryville Pike in the vicinity of Morgan mill Road and SR 656. The proposed will not only fill service gaps but will enhance 4G -LTE data service to all 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 these existing sites and enhance data speeds. There are no existing structures within the search area to support Verizon Wireless' antennas. Zoning Ordinance Analysis In accordance with the requirements of Section 165 - 204.19 (1) -(5), the Applicant submits the following: 1. Propagation maps depicting the need for improved service in the target area. 2. The search area map. 3. Verizon Wireless confirms that it looked throughout the search ring to find existing infrastructure on which to co- locate. Only when it was determined that no structures of sufficient height were available did Verizon Wireless develop this proposal. 4. Radio Frequency (RF) Engineer's letter documenting compliance with Federal Communications Commission ( "FCC ") ANSI/ EEE Standards. 5. Affidavit from Grace Brethren Church and Verizon Wireless regarding removal of the Facility. Section 165 - 204.19 of the Zoning Ordinance provides the performance standards for telecommunication uses. The Facility complies with the applicable performance standards as follows: 1) The Board of Supervisors may reduce the required setback distance for commercial telecommunications facilities as required by § 165- 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 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 112 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 than the existing structure. Applicant's Response: The Applicant is seeking a waiver of the setback requirement from the northern property line. The monopole will be setback a minimum of 100' from the northern boundary line of the parcel. The Facility's location here maximizes the effectiveness of the existing vegetation on the site to minimize the visual impact of the monopole and compound. As the setback is less than the height of the proposed structure, verification from a certified engineer is provided with the application concerning the monopole's design and construction, as required by the Zoning Ordinance. 2) Monopole -type construction shall be required for new commercial telecommunications towers. The Board of Supervisors may allow lattice -type construction for new telecommunications towers when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historical resources. 910 Applicant's Response: The Facility 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. Applicant's Response: There shall be no signs or advertising on the Facility. 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 view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with commercial telecommunications facility towers shall utilize infrared lighting and motion - detector lighting to prevent continuous illumination. Applicant's Response: The Facility will not be lighted unless required by the FAA or FCC for aircraft warning or other safety reasons. 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. Applicant's Response: The Facility 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 provider. Appropriate landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, roads or other rights -of- way. Applicant's Response: All associated equipment at the base of the monopole structure will be within a 50' x 50' compound area surrounded by an 8' tall chain link fence and landscaping so as not to be visible from adjoining properties and road. 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. Applicant's response: If the Facility is not used for a continuous period of 12 months it will be i• removed along with all associated equipment and fencing. Compliance with the Frederick County Comprehensive Plan While the Frederick County Comprehensive Plan (the "Plan ") does not specifically address telecommunications, the Applicant believes that the Facility is in accord with the design principles of the Urban Area, specifically the mix and integration of variety of uses and connectivity. Many people are replacing their landline phones with wireless phones and they expect their devices to work at home and at their businesses. The Urban Area is designated for more intense, compact development to make efficient use of County resources. It is the area designated for future growth and for possible new urban centers. Verizon Wireless seeks to improve service in this area where there is existing demand and where future growth is anticipated. The Facility 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. Verizon Wireless is also sensitive to the importance of preserving the natural and historic resources of the County. The Facility has therefore been oriented on a large parcel with ample, existing vegetation to minimize the visual impact of the structure and compound on neighboring parcels. Verizon Wireless 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 "). This documentation will demonstrate that there are no adverse effects on surrounding historic resources. The Applicant submits that the Facility is in keeping with the core values and principles outlined for this area of Frederick County in the Plan. Conclusion We respectfully submit that the conditional use permit should 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. MU vn IMS30NO •au aooumw CK a a 8 k yisc ..I Jill S 11H HVOaNVNIHS n+ 5 H!1! AUOZ JGA ulueV / / 1 / f/ /// f •••\ .1 71 3 / / 0 00 / / O /f •• ' I % N ei fill 11 Ov if iCA J v fell b ab ? € $ p pe b pg d' , @ %. y SA B BfY iI Y fill `rr 6 y i 333 a 5, ;sf b Ill IN a T