PC 02-21-18 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
February 21, 2018
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 17, 2018 Meeting Minutes .................................................................................. (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments .................................................................................................... (no tab)
PUBLIC HEARING
5) Rezoning #05-17 for O.N. Minerals (Chemstone) d/b/a Carmeuse Lime & Stone-
submitted by Lawson and Silek, PLC., to amend the proffers for this property; rezoning
394.2 acres from the EM (Extractive Manufacturing) District with proffers to the EM
(Extractive Manufacturing) District with revised proffers. The properties are situated
generally west of the Town of Middletown. Specifically, the Middle Marsh Property i s
located east of Belle View Lane (Route 758), and west and adjacent to Hites Road (Route
625) and is further traversed by Chapel Road (Route 627). The Northern Reserve is
bounded to the south by Cedar Creek and is west and adjacent to Meadow Mills Road
(Route 624). The properties are identified with Property Identification Numbers 83-A-109
and 90-A-23, in the Back Creek Magisterial District.
Mrs. Perkins ..................................................................................................................... (B)
6) Conditional Use Permit #09-17 for Gregory A. Bishop (Shenandoah Mobile, LLC)
Commercial Telecommunication Facility - submitted to construct a wireless commercial
telecommunication monopole tower with supporting equipment in a fenced compound. The
property is located at 219 Round Hill Road, Winchester, Virginia and is identified with
Property Identification Number 52-A-254 in the Back Creek 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 3502
Minutes of January 17, 2018
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 17, 2018
PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice
Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District;
William H. Cline, Stonewall District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back
Creek District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Kevin
Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Christopher M. Mohn, Red Bud
District; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: None
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Shannon L.
Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the January 17, 2018 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.
ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Triplett, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
At this time, Chairman Wilmot announced she will be stepping down as Chairman of the
Planning Commission. She thanked everyone for their continued service on the Commission.
MINUTES
Upon motion made by Commissioner Thomas and seconded by Commissioner Oates, the
Planning Commission unanimously adopted the minutes from the September 20, 2017 and the November
1, 2017 meetings.
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Frederick County Planning Commission Page 3503
Minutes of January 17, 2018
ELECTION OF OFFICERS, MEETING SCHEDULE, AND ADOPTION OF BYLAWS AND
RULES & RESPONSIBILITIES FOR 2018
Director, Michael T. Ruddy presided over the election of the Chairman and Vice
Chairman for 2018.
Election of Kevin W. Kenney, Chairman for 2018
Director, Michael T. Ruddy declared nominations open for Chairman for the 2018
calendar year.
The nomination of Mr. Kevin W. Kenney for Chairman was made by Commissioner
Thomas and seconded by Commissioner Triplett.
A motion was made by Commissioner Oates, seconded by Commissioner Thomas, and
unanimously passed to close nominations for Chairman.
BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby
elect Mr. Kevin W. Kenney as Chairman of the Planning Commission for the calendar year 2018.
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Election of Roger L. Thomas, vice Chairman for 2018
Director, Michael T. Ruddy declared nominations open for Vice Chairman for the 2018
calendar year.
The nomination of Mr. Roger L. Thomas was made by Commissioner Oates and
seconded by Commissioner Triplett.
Motion was made by Commissioner Oates, seconded by Commissioner Marston, 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 2018.
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Election of Michael T. Ruddy, Secretary for 2018
Chairman Kenney declared nominations open for Secretary of the Planning Commission.
Then nomination of Mr. Michael T. Ruddy was made by Commissioner Oates and
seconded by Commissioner Thomas.
Frederick County Planning Commission Page 3504
Minutes of January 17, 2018
Motion was made by Commissioner Oates, seconded by Commissioner Marston, 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 2018.
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MEETING SCHEDULE FOR 2018
Committee Assignments for 2018
Regarding committee assignments for the calendar year of 2018, Chairman Kenney asked
the Planning Commission members to remain in their current committee assignments.
Motion was made by Commissioner Thomas and seconded by Commissioner Molden
and the vote was unanimous for the following liaisons: Transportation Committee, Commissi oner Oates;
Frederick Water, Commissioner Unger; Conservation Easement Authority, Commissioner Triplett;
Winchester Planning Commission, Chairman Kenney; and Historic Resources Advisory Board,
Commissioner Cline.
Planning Commission and Committees
Upon motion made by Commissioner Thomas and seconded by Commissioner Oates
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.
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PLANNING COMMISSION BYLAWS AND ROLES & RESPONSIBILITIES FOR 2018
Director, Michael T. Ruddy stated the Planning Commission’s Bylaws and 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.
Upton motion made by Commissioner Thomas and seconded by Commissioner Oates
Frederick County Planning Commission Page 3505
Minutes of January 17, 2018
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 2018 as
presented.
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COMMITTEE REPORTS
Historical Resources Advisory Board – Mtg. 01/16/18
Commissioner Cline reported the Board reviewed two (2) items: a Conditional Use
Permit for Shentel located at 219 Road Hill Road and a Conditional Use Permit for a Special Events
Facility located at 1211 Marlboro Road.
Frederick Water – Mtg. 01/16/18
Commissioner Unger reported the Frederick Water Board approved the Financial Report
from November 2017; this report addressed revenues and expenses for the month of November. He noted
Frederick Water is on target for the fiscal year and revenues are meeting expenditures. Commissioner
Unger continued, the Board heard an update on the Opequon Water Supply Plan; efforts continue to
advance on the Plan, the Joint Permit Application to withdraw water from the Opequon Creek is in review
with the required state agencies. He noted the design of the Opequon Creek intake, raw water line, and
the water treatment plant is advancing past the 30 percent design phase and construction by the
AECOM/PC Construction design-build team continues to be on track for Summer 2018. Commissioner
Unger provided the operations report for December 2017: Rainfall for the current complete month was
0.52”, the previous month was 1.14”, and the 12-month average is 2.98”; Water production at the Diehl
Plant was 1.762 MGD, the Anderson Plant 1.620 MGD, and City of Winchester purchase was 1.994
MGD. Commissioner Unger reported the quarries continue to recover from the water quantities that are
currently being withdrawn, a sign that the current water withdraws are reflective of the quarry’s recharge
rates; this means the Carmeuse quarry is naturally recharging at 2 MGD which is the maximum withdraw
that it can withstand. He concluded the Stephens City quarries are recharging at a similar rate and this
illustrates the importance of the Opequon Water Supply Plan and the need to continue to expand the water
sources to draw upon; multiple water sources result in increased supplies, reliabilities, and achieving
future water demands.
City of Winchester – Mtg. 01/16/18
Commissioner Pifer, Winchester City Planning Commission Liaison, reported the
Commission approved a CUP to allow single family use at 566 North Loudoun Street. He noted a CUP
to allow an Extended Stay Lodging facility at 523 S. Cameron Street was tabled.
Board of Supervisors – Mtg. 01/10/18
Board of Supervisors’ Liaison, Supervisor Shannon Trout reported the Board approved
CUP #08-17 for Paul and Mary Valentino for a Special Events Facility. Ms. Trout concluded a
discussion was held for a Solar (Photovoltaic) Energy Facility at which time the Board requested more
information be provided at a future date.
Frederick County Planning Commission Page 3506
Minutes of January 17, 2018
CITIZEN COMMENTS
Chairman Kenney 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 Kenney closed the citizen comments portion of the meeting.
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PUBLIC HEARING
Rezoning #06-17 for K & J Investment, LLC, submitted by Stowe Engineering, PLC, to rezone
2.459+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with
proffers, 0.936+/- acre of land zoned RP (Residential Performance) District to the B2 (General
Business) District with proffers, and 0.488+/- acre of land zoned M1 (Light Industrial) to the B2
(General Business) with proffers. The properties are located at the northeast corner of the
intersection of Martinsburg Pike and Snowden Bridge Boulevard in the Stonewall Magisterial
District and are identified by Property Identification Numbers 43-A-147, 43-A-148, 43-A-149, and
43-A-151C.
Action – Recommend Approval
Commissioner Oates and Commissioner Manual would abstain from all discussion on
this item for a possible conflict of interest.
Candice E. Perkins, Assistant Director reported this is an application to rezone four (4)
parcels of land that total 3.883+/- acres to the B2 (Business General) District with proffers and the current
zoning of the properties are RA, RP, and M1. Ms. Perkins presented location mapping of the property.
Ms. Perkins continued the properties are located within the limits of the Sewer and Water Servi ce Area
(SWSA) and are within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan; the
Plan identifies these properties with a commercial land use designation. Ms. Perkins presented the site
access for the property:
• One right-in/right-out entrance on Snowden Bridge Boulevard, one full
entrance on Ezra Lane, and a right-in/right-out entrance on Martinsburg Pike
which would be accessed via Nulton Lane
• Extension of Ezra Lane as a public road from Snowden Bridge Boulevard to
the edge of the site
• Ezra Lane would connect to Nulton Lane which will serve as part of the
internal road system for the proposed development
• These roadways will also serve as interparcel connections to the adjacent
properties
Ms. Perkins explained the proffers presented with this request:
• Limit the number of restricted entrances on Martinsburg Pike and Snowden
Bridge Boulevard
• Provide internal access via Ezra Lane and Nulton Lane
• The site shall not exceed 3,441 average trips per day
Frederick County Planning Commission Page 3507
Minutes of January 17, 2018
• 20’ right-of-way dedication for Martinsburg Pike
• Signalization agreement for Snowden Bridge Blvd/Ezra Lane
• Corridor enhancements (fencing, landscaping, setbacks, signage)
• Monetary proffer of $0.10 per building square foot for Fire and Rescue
Mr. Tim Stowe of Stowe Engineering, PLC and representing the Applicant came forward
and noted this request is basically a cleanup exercise. There were no questions for Mr. Stowe presented at
this time.
Chairman Kenney 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 Kenney closed the public
comment portion of the hearing.
Commissioner Thomas commented it appears all VDOT comments have been addressed.
Upon motion made by Commissioner Cline and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #06-17 for K & J Investment, LLC, submitted by Stowe Engineering, PLC, to
rezone 2.459+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with
proffers, 0.936+/- acre of land zoned RP (Residential Performance) District to the B2 (General Business)
District with proffers, and 0.488+/- acre of land zoned M1 (Light Industrial) to the B2 (General Business)
with proffers. The properties are located at the northeast corner of the intersection of Martinsburg Pike
and Snowden Bridge Boulevard in the Stonewall Magisterial District and are identified by Property
Identification Numbers 43-A-147, 43-A-148, 43-A-149, and 43-A-151C.
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INFORMATION / DISCUSSION ITEMS
2018-2023 Capital Improvement Plan (CIP) – The CIP is a prioritized list of capital projects
requested by various County Departments and Agencies. The Plan is created as an informational
component of the 2035 Comprehensive Plan.
Action – Recommend Approval
Candice E. Perkins, Assistant Director reported, the CIP is a document that consists of a
schedule of major capital expenditures for the County for the ensuing five (5) year period, as well as a
category for long term projects (6 + years out). She explained the CIP is intended to assist the Board of
Supervisors in preparation of the County budget and to determine priorities for capital expenditures. Ms.
Perkins noted the inclusion of projects on the CIP is in no way an indication that Frederick County will be
undertaking these projects and the CIP is strictly advisory; it is intended for use as a capital facilities
planning document, not for requesting funding allocations. She stated once adopted, project priorities and
cost estimates may change throughout the year based on changing circumstances and i t is possible that
particular projects may not be funded during the year that is indicated in the CIP.
Ms. Perkins reported this year’s CIP continues to reinforce the connection between the
CIP, the 2035 Comprehensive Plan, and future rezoning applications. She noted the total number of
Frederick County Planning Commission Page 3508
Minutes of January 17, 2018
projects to date is 81 and these include: Schools, Parks and Recreation, Regional Library, County
Administration, Fire and Rescue, Transportation, and Winchester Regional Airport. Ms. Perkins
explained these are separated into three (3) tables: General government expenditures (schools, parks,
library, administration, fire and rescue); Transportation; Airport. Ms. Perkins presented updated mapping
and visuals of the tables. She concluded the CPPC endorsed the 2018-2023 CIP in December 2017 and
determined the CIP is in conformance with the 2035 Comprehensive Plan.
Commissioner Oates commented he does not agree with making this the 2018-2023 plan
and feels this is misleading. Ms. Perkins explained this is to show it is covering five (5) years even
though it is looked at every year and it is consistent with the 2017-2022 that was adopted.
Upon motion made by Commissioner Thomas and seconded by Commissioner Mohn
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of the 2018-2023 Capital Improvement Plan (CIP).
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OTHER
Chairman Kenney thanked Ms. June Wilmot for her many years of service and dedication
as the Chairman of the Planning Commission.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Oates to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously
passed. The meeting adjourned at 7:30 p.m.
Respectfully submitted,
____________________________
Kevin W. Kenney, Chairman
____________________________
Michael T. Ruddy, Secretary
B
REZONING APPLICATION #05-17
O-N MINERALS/dba CARMEUSE LIME & STONE
Staff Report for the Planning Commission
Prepared: February 5, 2018
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission: 11/15/17 Public Hearing Held; Tabled 90 Days
Planning Commission: 02/21/18 Pending
Board of Supervisors: 03/14/18 Pending
PROPOSAL: To rezone 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers
to the EM (Extractive Manufacturing) District with revised proffers. The Middletown site was
originally rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O-N
Minerals (Chemstone) which was approved in 2008. The Applicant is seeking to revise the proffers
pertaining to viewshed plans, berms, landscaping and cemetery access.
LOCATION: The properties are located west of the Town of Middletown. Specifically, the Middle
Marsh Property is located east of Belle View Lane (Route 758), and west and adjacent to Hites Road
(Route 625) and is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to
the south by Cedar Creek and is west and adjacent to Meadow Mills Road (Route 624).
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/21/18 PLANNING
COMMISSION MEETING:
The purpose of this application is to request a proffer amendment to Rezoning #03-06 for O-N Minerals
(Chemstone) which was approved in 2008. Rezoning #03-06 rezoned 394.2+/- acres from the EM
(Extractive Manufacturing) District with proffers.
This amendment seeks to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans
and the twelve viewshed plans which were all components of the General Development Plan (GDP).
This rezoning seeks to eliminate these components and only utilize one GDP sheet and three viewshed
plats. The proposed amendment also proposes to add a caveat that earthen berms and or fencing would
be installed, this revision could possibly eliminate all berms in lieu of fencing. The amendment
proposes revise the timing of the installation of the berms and seeks to removes the landscaping exhibit
for the berms. The amendment also seeks to revises the entrance to one of the two cemeteries located
on the site and removes the water supply and reclamation proffers. All other proffers remain generally
consistent with the 2006 approved rezoning and proffer statement.
Elements of the rezoning application have been identified that should be carefully evaluated to ensure
that they fully address the impacts associated with this amendment. The Planning Commission should
pay particular attention to the berm height and fencing allowance and the berm installation timing.
Following the required public hearing, a recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
Rezoning # 05-17 CARMEUSE LIME & STONE
February 5, 2018
Page 2
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
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 11/15/17 Public Hearing Held; Tabled 90 Days
Planning Commission: 02/21/18 Pending
Board of Supervisors: 03/14/18 Pending
PROPOSAL: To rezone 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers to
the EM (Extractive Manufacturing) District with revised proffers. The Middletown site was originally
rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O-N Minerals
(Chemstone) which was approved in 2008. The Applicant is seeking to revise the proffers pertaining to
the to viewshed plans, berms, landscaping and cemetery access.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 83-A-109 and 90-A-23 (portions of)
PROPERTY ZONING: EM (Extractive Manufacturing) District
PRESENT USE: Quarry and Undeveloped
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: EM (Extractive Manufacturing) Use: Shenandoah County
East: RA (Rural Areas) Use: Residential/Agricultural
West: RA (Rural Areas) Use: Residential/Agricultural
PROPOSED USES: Quarry
Rezoning # 05-17 CARMEUSE LIME & STONE
February 5, 2018
Page 3
REVIEW EVALUATIONS:
Frederick County Attorney: Please see attached email from Roderick B. Williams, County Attorney,
dated June 26, 2017.
Planning & Zoning:
1) Site History:
The original Frederick County zoning map (U.S.G.S. Middletown Quadrangle) identifies the
subject parcels as being zoned A-2 (Agricultural General). The County’s agricultural zoning
districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
revision of the zoning map resulted in the re-mapping of the subject property and all other A-1
and A-2 zoned land to the RA District. The subject properties were rezoned to the EM
(Extractive Manufacturing) District with the approval of Rezoning #03-06 on May 28, 2008 (see
attached original proffers).
2) Comprehensive Plan:
The 2035 Comprehensive Plan is the guide for the future growth of Frederick County.
The 2035 Comprehensive Plan is an official public document that serves as the Community's
guide for making decisions regarding development, preservation, public facilities and other key
components of Community life. The primary goal of this plan is to protect and improve the
living environment within Frederick County. It is in essence a composition of policies used to
plan for the future physical development of Frederick County.
The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation
tool and will be instrumental to the future planning efforts of the County.
Land Use
The subject properties are located within the Rural Areas of Frederick County and are outside of
the limits of the Urban Development Area (UDA) and the Sewer and Water Service Area
(SWSA). The Rural Areas land use designation is defined in the Comprehensive Plan as all
areas outside of the designated Urban Development Area. The primary land uses in the Rural
Areas are agriculture and forests. The primary growth pattern consisting of widely scattered,
large lot residential development.
Transportation and Access.
The Eastern Road Plan of the Comprehensive Policy Plan does not cover this portion of the
County. Per the 2006 rezoning, site access continues to be via the existing quarry entrance on
McCune Road (Route 757) – See proffer 2.1
3) Historic:
The Historic Resources Advisory Board (HRAB) reviewed the original 2006 rezoning
Rezoning # 05-17 CARMEUSE LIME & STONE
February 5, 2018
Page 4
application on December 20, 2005. This rezoning does not increase the historic impacts from
the original rezoning application. Staff would note that the Applicant has completed the 8-acre
land dedication to the Cedar Creek Battlefield Foundation as stated in proffer 3.1, as well as, the
Phase I Archeological Survey per proffer 3.2.
4) Proffer Statement – Dated June 13, 2005; revised January 31, 2018; revised February 14,
2018
Proposed revisions from the approved proffer statement (please see attached redline copy of
the proffer statement):
• Proffer Introduction: This proffer amendment proposes to remove the previously
proffered Overall Plan, Phasing I, II, III and IV Plans and the twelve viewshed plans.
The amended proffer proposes to utilize a Generalized Development Plan and three
updated viewshed plats (Viewshed 1, 2 and 3).
o The Phasing I, II, III and IV Plans of the GDP from the approved rezoning show
a phasing sequence for the development of the property. While the phasing
plans that were part of the proffered GDP are proposed to be removed with this
amendment, the phasing text has been retained.
o All viewshed plans south of Chapel Road are proposed to be eliminated with
this amendment. Viewshed 7 from the approved plan included viewshed plans
for the area north and south of Chapel Road. The berms along both sides of
Chapel Road were proposed to be 10’ each.
o The proposed viewshed plats show the existing proffered berms as well as the
proposed berms. The berms proposed with the amendment are significantly
lower than the proffered berms. The viewshed from the quarry to the adjacent
subdivision (Westernview) was originally proffered at a 30’ height ad depicted
on Viewshed 7 from the approved proffer but is proposed to be significantly
reduced. Staff would note that the applicant shows the berm being moved closer
to the quarry pit and further away from the residential.
▪ Staff comment – The reduction in berm heights and the elimination of
the viewshed plan for the Chapel Road area could greatly impact the
surrounding residential properties as well as the viewshed and
appearance of the Chapel Road area.
• Site Development – Proffer 2.2 - Berms- This proffer amendment proposes to change
the text pertaining to the berms, revises the timing of the installation of the berms,
removes the landscaping exhibit and changes the approval of the landscaping utilized on
the berms.
Rezoning # 05-17 CARMEUSE LIME & STONE
February 5, 2018
Page 5
o Berms were proffered with a maximum height of 30 feet and a minimum height
of 10 feet as depicted on the twelve viewshed plans. The proposed proffer
includes three proposed viewshed plats and proposes a change to possibly
eliminate the berms and provide only fencing.
▪ Staff comment – The proposed proffer now states that earthen berms
“and/or” fencing shall be installed. The wording of this proffer would
allow for the berms to be eliminated completely and only fencing
provided. Staff has concern regarding the wording of this proffer as
the elimination of the berms would greatly impact the residential
properties.
o Berm Installation - Berm A and Berm B were to be installed within 10 years of
the approval of the proffer (2018) and Berm C and Berm D were to be installed
no later than 10 years prior to the commencement of mining north of Chapel
Road. The proffer now states that the berms will be installed after the
permitting of the properties for mining and before any extraction of material for
processing”.
▪ Staff comment – The approved proffer provided time for the plantings
to become established on the berms prior to mining activities. This
proffer revises the timing to incude one year prior to extraction of
materials, which reduces the established timeline that would provide
additional protection for adjacent properties.
o The amendment removes Exhibit 3 which pertained to the description of the
plants to be installed on the berms. The approved proffer statement requires the
berm plantings to “a mix of deciduous and coniferous plantings placed in a
random manner to be consistent with existing vegetation patterns” and would be
subject to reasonable approval by the Zoning Administrator and the state
forester. The proposed proffer states “plantings will include a seed mix
recommended by the National Park Service that is currently in use at the
adjacent Cedar Creek and Bell Grove National Historic Park”.
• Historic Resources – Proffer 3.3 – This proposed amendment seeks to relocate the
access for the second cemetery located on parcel 109. Access to this cemetery is
currently provided via Marsh Book Lane which is a private right-of-way. The approved
rezoning stated that the applicant would improve this right-of-way within 12 months of
VDOT approval.
o This proffer amendment seeks to eliminate the Marsh Brook Lane access and
provide a new right-of-way that would provide access to the cemetery to Chapel
Road.
• Rights to Water Supply – Proffer 4. This proffer is proposed to be eliminated.
Rezoning # 05-17 CARMEUSE LIME & STONE
February 5, 2018
Page 6
• Reclamation – Proffer 10. This proffer is proposed to be eliminated.
All other proffers remain generally consistent with the 2006 approved rezoning and proffer
statement.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 11/15/17 MEETING:
Staff reported this is a request to amend the proffers associated with Rezoning #03-06 which was
approved in 2008. Staff continued, at that time 394 acres was rezoned from RA (Rural Areas) District
to EM (Extractive Manufacturing) District. Staff noted the Applicant is seeking to revise the proffers
pertaining to: Viewshed Plans, Berm heights and installation timing, landscaping exhibit removal, and
cemetery access. A location map of the property was presented. Staff reported the amendment seeks to
remove the previously proffered Overall Plan, Phasing I-II-III and IV Plans, and the twelve (12)
Viewshed Plans which were all components of the General Development Plan (GDP); this amendment
seeks to eliminate these components and only utilize one (1) GDP. Staff presented the GDP which is
generally consistent with the outline of the previously approved GDP in regard to the Berm locations on
the properties. Staff reviewed the proffer revisions:
Viewshed Plans, Berm Heights, and Berm Installation Timing:
• The viewshed plans from the approved rezoning depicted the proposed berm heights
that would provide screening and protection for surrounding properties.
• Berm heights ranged from 10’ to 30’ as depicted on the viewshed plans.
• Berm timing – Berms A and B were to be installed within 10 years of rezoning approval
(installation by 2018). Berms C and D were to be installed no later than 10 years
before the commencement of mining north of Chapel Road.
• This amendment removes all minimum/maximum heights and timing is now prior to the
commencement of any extraction of materials.
Cemetery Access:
• Amendment seeks to eliminate the Marsh Brook Lane access and provide a new right-
of-way that would provide access to the cemetery via Chapel Road.
(the approved rezoning stated that the Applicant would improve the
Marsh Brook Lane access within 12 months of completion of the
cemetery restoration)
• The proposed amendment does not contain a timeline for the installation of this
accessway and does not contain a backup if agency approval cannot be obtained for the
new access point on Chapel Road.
Staff noted it appears this proposed proffer amendment will have a great impact on the surrounding
residential properties and the Applicant has not provided justification that the berm revisions and the
changes requested would mitigate the impacts on the surrounding properties.
A Commissioner inquired about the rights to water supply in paragraph 4.1 of the proffers. Staff
explained that a proffer amendment was received from Mr. Ty Lawson prior to the meeting. Staff and
the County Attorney were not able to review these prior to this meeting and cannot comment on them at
this time. A Commissioner asked how long the Applicant has been working with Staff on these
Rezoning # 05-17 CARMEUSE LIME & STONE
February 5, 2018
Page 7
revisions. Staff noted in June 2017 comments were provided to the Applicant. A Commissioner
inquired, in the original proffers there were commitments as far as pre-blast surveys of the properties
surrounding the quarry; who was responsible in making sure the Applicant performed those
commitments that were agreed to in the original rezoning; is the County involved in that, specifically
the surveys concerning property conditions, water well conditions, and seismic monitoring. Staff
reported it is the Applicant’s responsibility to make sure they are fulfilling their proffers; should it arise
that those proffers are not being fulfilled or there is a complaint, that proffer compliance would be
investigated and determined if the proffers are being met or not. A Commissioner asked if Staff had
received comments from residents that the proffers were not implemented as originally agreed to. Staff
commented no, not at this time. A Commissioner commented that if the proposed amendment were
approved, that the height of the berms would be up to the Applicant. Staff stated that is correct, under
the proposed amendment the berm height would be at the Applicants discretion and they eliminated the
landscaping detail. The Commissioner commented the current approval offers more to work with; the
new proposal has no specificity. A Commissioner commented for clarity and should ignore what was
submitted just a few hours ago and focus on what is in the agenda. A Commissioner asked how close
the berms on the north end are from the residential strip of community housing there. Staff deferred this
question to the Applicant as to if they have an exact distance planned for the old and new proffers.
Mr. Thomas (Ty) Moore Lawson, P.C. with Lawson & Silek, P.L.C representing the Applicant came
forward. Mr. Lawson reported this proffer amendment is to specifically address the berms; on the north
end of the property. In response to a Commissioner; Mr. Lawson noted when this exercise was started
it was written in a way to just focus on things they wanted to change, as things developed it was pointed
out with this rezoning being relatively old that a lot has been completed, therefore what has been
accomplished should be considered. Mr. Lawson continued, 36+ acres has been conveyed to the Cedar
Creek Battlefield and Article 4 references two old agreements that existed with the Sanitation Authority
in 2005; those agreements were terminated, and a new agreement was put in place. Mr. Lawson
reviewed the proffer update that was sent to Staff just prior to this meeting: 8-acre historical reserve
grew to 36 acres; Phase I archeological study; Two (2) cemeteries were restored; ground water labeled
as completed but under way; pre-blast surveys are ongoing (have contacted 105 families); noise
requirements are the same; well monitoring is ongoing; phasing of berms A and B are complete.
Regarding the berms Mr. Lawson explained the intent now is to have irregular berms in height and
different vegetation. Mr. Lawson provided photos of existing berms and of new proposed berms
placing berms behind vegetation. Mr. Lawson addressed the question of timing for the berms; the
existing proffers states the berms be installed ten (10) years prior to mining activities, this has been
removed and replaced with commencement and behind the tree lines so there is less disturbance. Mr.
Lawson provided photos of the viewshed and the GDP. A Commissioner inquired why the berms are
being located behind the vegetation. Mr. Lawson commented the Applicant has a better idea where
most of the stone is underground therefore the point is to be able to install the berms 100 ft. off the
property line in turn making the impacts less severe. The Commissioner commented, to simplify;
relocating the berms now depends on where the high-quality mineral is to be mined. Mr. Lawson stated
that is partially correct; the other part is a fresh set of eyes reviewed this and determined relocation
would be better for neighbors. The Commissioner noted relocating the berms have no bearing on the
height of the berms. Mr. Lawson explained there was not a requirement to make the berms 30 ft., but
somehow became part of the public process; this is not something the company wanted, and the intent is
to vary the berm sizes.
Rezoning # 05-17 CARMEUSE LIME & STONE
February 5, 2018
Page 8
A Commissioner requested clarification that the 85 property owners within the property boundary have
been contacted regarding pre-blast surveys. Mr. Lawson noted the Applicant contacted all property
owners, also offered pre-blast surveys and well monitoring at the Applicant’s expense; some have taken
advantage of this and others have not. The Commissioner asked if someone comes forth years down the
road with problems on their property or structure, how would Chemstone defend this. Mr. Lawson
explained the property owners should take advantage of these offers in advance therefore having
something to go by. He noted the existing proffers do not change obligations to one another.
Complaints and questions are addressed by the company at all times. The Commissioner asked how
often seismic waves are monitored for the 85 properties. Mr. Lawson stated the monitoring is ongoing.
Mr. Mark Basel, Site Production Manager at the Middletown, Virginia operation came forward. He
reported the operation at Chemstone monitors every blast; they have permanent seismic graphs at three
(3) different residences toward the southern end of the property. Mr. Basel noted currently there are no
monitors at the northern end where there is no mining yet; they do place mobile units if necessary. A
Commissioner inquired has there been any reported impacts/damages from blasting. Mr. Basel
commented to his knowledge they have not been out of compliance; they do get calls if the blast is felt
stronger than normal. He reiterated, they do monitor all blasts.
There were nine (9) citizens that spoke in opposition of this rezoning. The concerns shared were
similar: delay action on this item, no contact from the Applicant regarding well and pre-blast surveys,
berms would not provide enough protection and language in the proffers very ambiguous.
Mr. Lawson responded to comments: the drawings/maps are scaled, it is approximately 100 feet from
the property line under the existing proffers, the Applicant has copies of notifications/letters that were
sent to property owners for pre-blast surveys and well monitoring.
A Commissioner reminded everyone this item is not about the current land use which was previously
approved; it pertains to the proffers being amended. He commented, he is agreeable to a delay on this
and noted community engagement is extremely important. A Commissioner commented, this item must
be acted on in a timely manner and cannot be moved to Spring 2018; he agrees to a postponement. The
Commissioner continued, he urges the citizens to take advantage of the offer made by Carmeuse for
pre-blast surveys and well monitoring so there can be a base starting point down the road. He
concluded, the language is very ambiguous and vague, the Applicant needs to put back in the drawings
and examples, and put things in writing so that it is very clear.
A motion was made, seconded, and unanimously passed to recommend postponement for 90 days.
(Note: Commissioners Unger and Cline were absent from the meeting)
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/21/18 PLANNING
COMMISSION MEETING:
The purpose of this application is to request a proffer amendment to Rezoning #03-06 for O-N Minerals
(Chemstone) which was approved in 2008. Rezoning #03-06 rezoned 394.2+/- acres from the EM
(Extractive Manufacturing) District with proffers.
Rezoning # 05-17 CARMEUSE LIME & STONE
February 5, 2018
Page 9
This amendment seeks to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans
and the twelve viewshed plans which were all components of the General Development Plan (GDP).
This rezoning seeks to eliminate these components and only utilize one GDP sheet and three viewshed
plats. The proposed amendment also proposes to add a caveat that earthen berms and or fencing would
be installed, this revision could possibly eliminate all berms in lieu of fencing. The amendment
proposes revise the timing of the installation of the berms and seeks to removes the landscaping exhibit
for the berms. The amendment also seeks to revises the entrance to one of the two cemeteries located
on the site and removes the water supply and reclamation proffers. All other proffers remain generally
consistent with the 2006 approved rezoning and proffer statement.
Elements of the rezoning application have been identified that should be carefully evaluated to ensure
that they fully address the impacts associated with this amendment. The Planning Commission should
pay particular attention to the berm height and fencing allowance and the berm installation timing.
Following the required public hearing, a recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
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CONDITIONAL USE PERMIT #09-17
GREGORY A. BISHOP- 219 Round Hill Road
Shenandoah Mobile LLC
Staff Report for the Planning Commission
Prepared: January 22, 2018
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: 02/21/18 Pending
Board of Supervisors: 03/14/18 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit to enable the construction of a 138-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 #09-17, Gregory A. Bishop-Shenandoah Mobile
February 6, 2018
LOCATION: This property is located at 219 Round Hill Road, Winchester, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 52-A-254
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Auto Salvage Yard
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Utility Sub-station
East: RA (Rural Areas) Use: Golf Course
West: B3 (Industrial Transition) Use: VDOT Maintenance Facility
PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of
A 138-foot Monopole-Type Commercial Telecommunications Facility.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 803, the VDOT facility which would
provide access to the property. Existing entrance is adequate for the proposed use. However,
should use ever expand in the future, the entrance may have to be upgraded to VDOT
commercial standards.
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 #09-17, Gregory A. Bishop-Shenandoah Mobile
February 6, 2018
Construction of the Pre-Engineered Modular shelter requires a building permit. Plans submitted
shall be sealed by a Virginia Registered Design Professional.
An electrical permit is required for the generator and any additional electric or alteration thereof.
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 reviewed the request for comments for a Conditional Use Permit to construct a
Telecommunications tower and related ground support equipment in a fenced compound, to be
located at 219 Round Hill Road, Winchester, VA 22602; Tax Map# 52-A-254. Based upon
information provided to this Health Department by the Applicant, Shenandoah Mobile, LLC, the
proposed construction does not appear to encroach on any existing sewage disposal systems or
existing private water supplies. Therefore, this Health Department has no objections to the
issuance of the Conditional Use Permit. Applicant is advised to pay particular attention to Item
#18 of the General Notes of the Engineered Plans, which indicate that the portable toilets
required for the duration of the project are to be removed within five (5) business days of
completion of construction.
Frederick County Sanitation Authority: Since the proposed tower will not utilize our water
and sewer services, Frederick Water has no comments.
Frederick County Fire Marshall: A site plan will be required. Based on the plan that was
included with CUP there will be somethings to keep in mind. The fire department turnaround
will need to be changed to meet Appendix D of the Frederick County Fire Prevention Code.
Also, the entire fire department access road shall be 20’ wide and rated for the fire apparatus to
drive on it as per the Frederick County Fire Prevention Code.
City of Winchester: No comments.
Winchester Regional Airport: Please see attached letter from Serena Manuel, Executive
Director dated December 7, 2017.
Historic Resources Advisory Board: Please see attached letter from Candice E. Perkins,
AICP, Assistant Director/Staff to HRAB, dated January 22, 2018.
Planning and Zoning: The 2035 Comprehensive Policy Plan of Frederick County
(“Comprehensive Plan”) provides guidance when considering any land use action. This proposed
138-foot monopole-type commercial telecommunication facility is located on a 7+/- acre
property that is zoned RA (Rural Areas) Zoning District. The property is located outside Urban
Development Area (UDA) and Sewer Water Service Area (SWSA) as identified within the
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CUP #09-17, Gregory A. Bishop-Shenandoah Mobile
February 6, 2018
Comprehensive Plan and is located within the Round Hill Area Plan. This plan identifies this
area to be residential and commercial in character.
The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in
the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP)(Section
165-204-.19). The properties immediately adjacent to this proposed CUP are currently zoned
RA (Rural Areas) 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.
Waiver: The Applicant is requesting a waiver to reduce the required setback as set forth in
Section 165-204.19 of the zoning ordinance. This wavier of the setback requirement is from the
eastern and western property lines. This proposed telecommunication tower will be 134’ from
the eastern and western property lines. The required setback from the property line is 100 ft. and
the tower is 138 ft. in height and the RA Zoning District height maximum is 35’, (138’- 35’ =
103’). The normal setback 100’in RA Zoning District when the adjoining parcel over 6 acres or
more. The normal setback of 100’ plus is one foot for every foot over the maximum height of the
district (35’). The site plan notes this tower is placed 134’ from the property line and the setbacks
cannot be met. The resulting computation is (203-150’= 69’) resulting in a waiver request of 69’.
The property adjacent to the setback waiver request is a golf course and utility sub-station.
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 69’ setback reduction. (203’-150’=69’).
STAFF CONCLUSIONS FOR THE 02/21/18 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
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February 6, 2018
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 69’ to allow the tower to be
134’ 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.
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Building Footprints
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
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: December 13, 2017Staff: mcheran
Winchester
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CUP # 09 - 17Gregory A. Bishop(Shenandoah Mobile LLC)PIN:52 - A - 254Telecommunication TowerZoning Map
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