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PC 01-18-06 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia January 18, 2006 7:00 P.M. CALL TO ORDER TAB 1) Election of Officers, Meeting Schedule & Committee Appointments for 2006 .............. (A) 2) Adoption of Planning Commission By-Laws.................................................................. (B) 3) November 16, 2005 Minutes............................................................................................ (C) 4) Committee Reports.................................................................................................. (no tab) 5) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 6) Conditional Use Permit #06-05 of Cingular Wireless — Armel for a 190 foot monopole Telecommunications Facility. This property is located at 218 Tadpole Lane and is identified with Property Identification Number 76-A-47 in the Shawnee District. Mr. Cheran...................................................................................................................... (D) 7) Conditional Use Permit #08-05 of Shenandoah Storage Connection for an Off -Premise Business Sign. This property is located on Route 11 North, approximately 750 feet north from the intersection of Route 11 and Ebert Road, and is identified with Property Identification Number 44-A-5 in the Stonewall Magisterial District. Mr. Cheran....................................................................................................................... (E) PUBLIC MEETING 8) Rezoning #16-05 of Willow Run, submitted by Greenway Engineering, to rezone 347.77 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 12.20 acres from RA (Rural Areas) District to B2 (General Business) District with proffers. The property is located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Shawnee Magisterial District, and is identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53 -A -92A, 53 -A -92B, 53 -A -94,53-3-A, and 53 -A -2A. APPLICANT HAS REQUESTED THIS ITEM BE CONTINUED UNTIL FEBRUARY 15, 2006. Mrs. Eddy........................................................................................................................ (F) 9) Other FILE COPY .7 L: • COUNTY of FREDERICK Department of Planning and Deveiopment MEMORANDUM 540/665-5651 FAX: 540/665-6395 TO: Frederick County Planning Commission FROM: Eric R. Lawrence, AICP, Planning Director's SUBJECT: Election of Officers, Committee Assignments, and 2006 Meeting Schedule DATE: January 4, 2006 At the Planning Commission's first meeting of the calendar year, the Commission's Bylaws direct the election of Officers. The. Bylaws also empower the Planning Commission Chair to appoint membership to the various Committees of the Planning Commission. And finally, the Commission establishes the meeting date and time for the ensuing year's Planning Commission regular meetings. Actions for Consideration Election of Officers: • Chair • Vice -Chair • Secretary Committee Assignments: ® Comprehensive Plans and Programs Subcommittee • Development Review and Regulations Subcommittee Liaison Assignments: • City of Winchester Planning Commission • Historic Resources Advisory Board • Transportation Committee • Economic Development Commission Sanitation Authority 2006 Meeting Dates and Times: * PC — (1st and 3rd Wednesdays each month, 7:OOpm, in the Board Room) * CPPS — (2nd Monday of each month, 7:30pm in the Board Room) DRRS — (4th "fhursday of each month, 7:30pm in the Board Room) 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 C COUNTY of FREDERICK Department of Planning and Development E 0 1"N D U 540/665-5651 FAX: 540/665-6395 TO: Frederick County Planning Commission FROM: Eric R. Lawrence, AICP, Planning Director f f SUBJECT: Planning Commission Bylaws DATE: January 4, 2006 Each January, the Planning Commission adopts their Bylaws applicable for the new calendar year. The Bylaws which were applicable during the 2005 calendar year are attached and labeled "Adopted January 2, 2002". A Commission action regarding the adoption of these Bylaws would be appropriate. Staff has received suggestions from various Commission members regarding possible revisions to the Bylaws that warrant further consideration by the Planning Commission. These proposed revisions are attached and labeled "proposed revision January 4, 2006". Specifically, the proposed revisions are shown in Underscored Fold Italics. If the Commission wishes to consider these revisions, or any other changes to their Bylaws, staff is prepared to make the revisions and schedule same for adoption in February, complying with the 30 days notice provision of the currently adopted bylaws. Staff is available should you have any questions. Thank you. Attachments: (1) January 2, 2002 bylaws (2) January 4, 2006 bylaw proposed revisions ERL/bad 107 North Kent Street, Sante 202 • Winchester, Virginia 22501e5000 • • C PLANNING COMMISSION BYLAWS County of Frederick, Virginia (adopted January 2, 2002) ARTICLE I -AUTHORIZATION 1-1 The Frederick County Planning Commission is established by and in conformance with Chapter 165 of the Code of Frederick County, and in accord with the provisions of Section 15.2-2210 of the Code of Virginia (1950), as amended. 1-2 The official title of this body shall be the Frederick County Planning Commission, hereinafter referred to as the "Commission." ARTICLE II -PURPOSE 2-1 The primary purpose of the Commission is to advise the Frederick County Board of Supervisors and to carry out all duties and functions described by the Code of Virginia, as amended. ARTICLE III -MEMBERSHIP 3-1 The membership of the Commission shall be determined by the Frederick County Board of Supervisors as specified in Chapter 165 of the Code of Frederick County. Methods of appointment and terms of office shall be determined by Chapter 165 of the Code of Frederick Colmly. ARTICLE IV - OFFICERS 4-1 Officers of the Commission shall consist of a chairman, vice-chairman and secretary. The chairman and vice-chairman must be voting members of the Commission. The secretary shall be a member of the Commission or a county employee. - 1 - 4-2 Selection 4-2-1 The officers shall be elected by the voting members of the Commission at the first meeting of the calendar year. 4-2-2 Nomination of officers shall be made from the floor at the first meeting of the calendar year. Elections of officers shall follow immediately. A candidate receiving a majority vote of the entire voting membership shall be declared elected. 4-3 Duties 4-3-1 The Chairman shall: 4-3-1-1 Preside at meetings. 4-3-1-2 Appoint committees. 4-3-1-3 Rule on procedural questions. A ruling on a procedural question by the chairman shall be subject to reversal by a two-thirds majority vote of the members present. 4-3-1-3 Report official communications. 4-3-1-4 Certify official documents involving the authority of the Commission. 4-3-1-5 Certify minutes as true and correct copies. 4-3-1-6 Carry out other duties as assigned by the Board of Supervisors and the Commission. 4-3-2 The Vice -Chairman shall: 4-3-2-1 Assume the full powers of the chairman in the absence or inability of the chairman to act. 4-3-2-2 Carry out other duties as assigned by the Board of Supervisors and the Commission Chairman. 4-3-3 The Secretary shall: 4-3-3-1 Ensure that attendance is recorded at all meetings. - 2 - 4-3-3-2 4-3-3-3 4-3-3-4 4-3-3-5 4-3-3-6 4-3-3-7 4-3-3-8 4-4 Term of Office Ensure that the minutes of all Commission meetings are recorded. Notify members of all meetings. Prepare agendas for all meetings. Maintain files of all official Commission records and reports. Official records and reports may be purged in accordance with applicable state codes. Give notice of all Commission meetings, public hearings and public meetings. Provide to the Board. of Supervisors reports and recommendations of the Commission. Attend to the correspondence necessary for the execution of the duties and functions of the Commission. 4-4-1 Officers shall be elected for a one-year term or until a successor takes office. Vacancies shall be filled for an unexpired term by a majority vote of the Commission. In such cases, the newly elected officer shall serve only until the end of the calendar year or until a successor takes office. 4-5 Temporary Chairman 4-5-1 In the event of the absence of both the chairman and the vice-chairman from any meeting, the Commission shall designate from among its members a temporary chairman who shall act for that meeting in the absence of the chairman or vice- chairman. ARTICLE V -COMMITTEES 5-1 The Commission shall establish committees necessary to accomplish its purpose. 5-2 In establishing committees, the Commission shall describe the purpose for each committee. 5-3 Members of the committees shall be appointed by the chairman. The chairman may request recommendations from the Commission or committee members on committee appointments. - 3 - 5-4 Members of the committees may be Commission members, employees of the County, or citizen volunteers. 5-5 The chairman and vice-chairman shall be ex -officio members of every committee. ARTICLE VI - MEETINGS 6-1 Regular meetings shall be held at the time and place set by the Commission at the first meeting of each calendar year. 6-2 Special meetings may be called by the chairman or by the secretary after due notice and publication by the secretary. 6-3 Notice of all meetings shall be sent by the secretary with an agenda at least five days before the meeting. 6-4 All meetings of the Commission shall be open to the public except for Closed Sessions held in accordance with the provision specified under Section 2.1-344(A) of the Code of Virginia, 1950, as amended. 6-5 Work sessions shall be held at the adjournment of regular meetings or at the time and place set by the Commission. ARTICLE VII - VOTING 7-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion made unless a quorum is present. 7-2 No action of the Commission shall be valid unless authorized by a majority vote of those present and voting. ARTICLE VIII - OPERATING RULES 8-1 Order of Business 8-1-1 Call to Order - 4 - 8-1-2 Consideration of Minutes 8-1-3 Committee Reports 8-1-4 Citizen Comments on Items not on the Agenda 8-1-5 Public Hearings 8-1-6 Public Meetings 8-1-7 Discussions 8-1-8 Other 8-1-4 Adjournment 8-2 Minutes 8-2-1 The Commission shall keep minutes of each meeting. The Chairman and Secretary shall sign all minutes following approval by the Cominission certifying that the minutes are true and correct. Minutes made available to the public prior to formal approval by the Commission shall be clearly identified as a draft version of the meeting. 8-3 Procedures 8-3-1 Parliamentary procedure in the Commission meetings shall be governed by Robert's Rules of Order, except where otherwise specified in these procedures. 8-3-2 Whenever an agenda item involves a recommendation to the Board of Supervisors, the Commission shall continue to consider the item until a definite recommendation is made. If a motion has been made and defeated, additional, different motions may be made concerning the item under consideration. 8-3-3 Business items on the agenda shall be considered using the following procedures: 8-3-3-1 Report by County Staff 8-3-3-2 Presentation by Applicant 8-3-3-3 Citizen Comment 8-3-3-4 Rebuttal by Applicant - 5 - 8-3-3-5 Discussion by Commission 8-3-3-6 Motion and Action by Commission 8-3-4 Public comment shall be allowed in all cases required by the Code of Virginia, 1950, as amended, or the Code of Frederick County. In other cases, the Chairman may allow public comment. 8-3-5 The Commission members may ask questions of clarification and information after the staff report, applicant presentation and citizen comment. 8-3-6 Petitions, displays, documents or correspondence presented at a meeting may be made part of the official record of the meeting by motion of the Commission and are to be kept on file by the secretary. Such items need not be made part of the published minutes. 8-3-7 Public Hearings 8-3-7-1 The Commission shall hold public hearings on all items for which hearings are required by the Code of Virginia 1950 as amended, or by the Code of Frederick County. Such public hearing shall be advertised and notifications provided as required by the Code of Virginia 1950 as amended. 8-3-7-2 The Chairman may establish special rules for any public hearing at the beginning of said hearing. These rules may include limitations on the time of staff report, applicant presentation and citizen comment. 8-3-7-3 In addition to those required by law, the Commission may hold public hearings on any matter which it deems to be in the public interest. In such cases, the public hearings shall follow all procedures described for public hearing in these bylaws. 8-3-8 Tabling 8-3-8-1 The Planning Commission shall have the authority to table agenda items if any one of the following situations occurs: A) The agenda item does not meet the requirements of the Code of Virginia 1950, as amended. B) The agenda item does not meet the requirements of the Code of Frederick County. - 6 - C) Insufficient information has been provided for the agenda item. D) Issues or concerns that arise during formal discussion of the agenda item warrant additional information or study. E) The applicant provides the Frederick County Planning Department with a written request to table the agenda item. F) The Frederick County Planning Department is advised of an emergency situation that prevents attendance by the applicant. G) The applicant fails to appear at the meeting in which the application has been advertised to appear. 8-3-8-2 The applicant shall be permitted to request that an agenda item be tabled from a scheduled Planning Commission meeting one time. The Planning Commission shall table the application for a specific period of time to ensure that the requirements of Section 165-10 of the Frederick County Zoning Ordinance are not exceeded unless the applicant requests a waiver from this requirement. 8-3-8-3 An application that has been tabled for an unspecified period of time shall be re -advertised for consideration by the Planning Commission once the following steps have been completed: A) The applicant has requested in writing that the agenda item be considered by the Planning Commission. B) The applicant has provided all required information to the Frederick County Planning Department which addresses all concerns of the Planning Commission. 8-3-8-4 The Planning Commission shall have the authority to act on an agenda item that has been tabled one time when the agenda item has been readvertised for a subsequent Planning Commission agenda. 8-3-9 Work sessions 8-3-9-1 The Commission may hold work sessions at which the procedural rules of these bylaws shall not apply. 8-3-9-2 Work sessions shall be held after the adjournment of regular meetings or at the time and place set by the Commission. - 7 - 8-3-9-3 Notice of work sessions shall be sent to the Planning Commissioners at least five days before the session. 8-3-9-4 The chairman shall lead the session and require orderly behavior and discussion. 8-3-9-5 No actions shall be taken or motions made at a work session. 8-3-9-6 Work sessions shall be open to the public. Public comment is not required at a work session. 8-3-9-7 The secretary shall keep a general record of all work sessions and the items discussed. 8-3-10 Adjournment 8-3-10-1 In no case shall the Commission consider any new items after 10:30 P.M. and in all cases the Commission shall adjourn by 11:00 P.M. ARTICLE IX - AMENDMENTS 9-1 These bylaws may be amended by a majority vote of the entire voting membership after thirty days prior notice. 9-2 Planning Commission shall conduct an annual review of these bylaws to ensure their accuracy. All amendments to these bylaws shall be considered by the Planning Commission in November of each calendar year. The Planning Commission shall adopt their bylaws during the first meeting of each calendar year. Editor's Note: Previous amendments to the Planning Commission By -Laws occurred on June 20, 2001 Last Updated: January 2, 2002 - 8 - PLANNING COMMISSION BYLAWS County of Frederick, Virginia (Proposed revision January 4, 2006) Revisions shown in Underscored Bold Italics ARTICLE I -AUTHORIZATION 1-1 The Frederick County Planning Commission is established by and in conformance with Chapter 165 of the Code of Frederick County, and in accord with the provisions of Section 15.2-2210 of the Code of Virginia(1950), as amended. 1-2 The official title of this body shall be the Frederick County Planning Commission, hereinafter referred to as the "Commission." ARTICLE II - PURPOSE 2-1 The primary purpose of the Commission is to advise the Frederick County Board of Supervisors and to carry out all duties and functions described by the Code of Virginia, as amended. ARTICLE III -MEMBERSHIP 3-1 The membership of the Commission shall be determined by the Frederick County Board of Supervisors as specified in Chapter 165 of the Code of Frederick County. Methods of appointment and terms of office shall be determined by Chapter 165 of the Code of Frederick County. Members shall continue to serve throw hout their a ointed term andlor until a successor is appointed. 3-2 New membership anvointees shall obtain Plannins Commissioner certification from an acce table training program within twelve 12 months of their appointment. Additional) new appointees shall not be deemedvogag members o the Commission until after they have attended two (2) Planninz Commission meetings in an effort to better understand the operations and procedures of the Commission. ARTICLE IV -OFFICERS 4-1 Officers of the Commission shall consist of a chairman, vice-chairman and secretary. The chairnian and vice-chairman must be voting members of the Commission. The secretary shall be a member of the Commission or a county employee. 4-2 Selection 4-2-1 The officers shall be elected by the voting members of the Commission at the first meeting of the calendar year. 4-2-2 Nomination of officers shall be made from the floor at the first meeting of the calendar year. Elections of officers shall follow immediately. A candidate receiving a majority vote of the entire voting membership shall be declared elected. 4-3 Duties 4-3-1 The Chairman shall: 4-3-1-1 Preside at meetings. 4-3-1-2 Appoint committees. 4-3-1-3 Rule on procedural questions. A ruling on a procedural question by the chairman shall be subject to reversal by a two-thirds majority vote of the members present. 4-3-1-3 Report official communications. 4-3-1-4 Certify official documents involving the authority of the Commission. 4-3-1-5 Certify minutes as true and correct copies. 4-3-1-6 Carry out other duties as assigned by the Board of Supervisors and the Commission. 4-3-2 The Vice -Chairman shall: 4-3-2-1 Assume the full powers of the chairman in the absence or inability of the chairman to act. - 2 - 4-3-2-2 Carry out other duties as assigned by the Board of Supervisors and the Commission Chairman. 4-3-3 The Secretary shall: 4-3-3-1 Ensure that attendance is recorded at all meetings. 4-3-3-2 Ensure that the minutes of all Commission meetings are recorded. 4-3-3-3 Notify members of all meetings. 4-3-3-4 Prepare agendas for all meetings. 4-3-3-5 Maintain files of all official Commission records and reports. Official records and reports may be purged in accordance with applicable state codes. 4-3-3-6 Give notice of all Commission meetings, public hearings and public meetings. 4-3-3-7 Provide to the Board of Supervisors reports and recommendations of the Commission. 4-3-3-8 Attend to the correspondence necessary for the execution of the duties and functions of the Commission. 4-4 Term of Office 4-4-1 Officers shall be elected for a one-year term or until a successor takes office. Vacancies shall be filled for an unexpired term by a majority vote of the Commission. In such cases, the newly elected officer shall serve only until the end of the calendar year or until a successor takes office. 4-5 Temporary Chairman 4-5-1 In the event of the absence of both the chairman and the vice-chairman from any meeting, the Commission shall designate from among its members a temporary chairman who shall act for that meeting in the absence of the chairman or vice- chairman. - 3 - ARTICLE V -COMMITTEES 5-1 The Commission shall establish committees necessary to accomplish its purpose. 5-2 In establishing committees, the Commission shall describe the purpose for each committee. 5-3 Members of the committees shall be appointed by the chairman. The chairman may request recommendations from the Commission or committee members on committee appointments. 5-4 Members of the committees may be Commission members, employees of the County, or citizen volunteers. 5-5 The chairman and vice-chairman shall be ex -officio members of every committee. ARTICLE VI - MEETINGS 6-1 Regular meetings shall be held at the time and place set by the Commission at the first meeting of each calendar year. 6-2 Special meetings may be called by the chairman or by the secretary after due notice and publication by the secretary. 6-3 Notice of all meetings shall be sent by the secretary with an agenda at least five days before the meeting. 6-4 All meetings of the Commission shall be open to the public except for Closed Sessions held in accordance with the provision specified under Section 2.1-344(A) of the Code of Virginia, 1950, as amended. 6-5 Work sessions shall be held at the adjournment of regular meetings or at the time and place set by the Commission. ARTICLE VII - VOTING 7-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion made unless a quorum is present. 7-2 No action of the Commission shall be valid unless authorized by a majority vote of those present and voting. - 4 - ARTICLE VIII - OPERA'T'ING RULES 8-1 Order of Business 8-1-1 Call to Order 8-1-2 Adoption of the Agenda 8-1-3 Consideration of Minutes 8-1-4 Committee Reports 8-1-5 Citizen Comments on Items not on the Agenda 8-1-6 Public Hearings 8-1-7 Public Meetings 8-1-8 Discussions 8-1-9 Other 8-1-10 Plannina Commissioner Comments 8-1-11 Adjournment 8-2 Minutes 8-2-1 The Commission shall keep minutes of each meeting. The Chairman and Secretary shall sign all minutes following approval by the Commission certifying that the minutes are true and correct. Minutes made available to the public prior to formal approval by the Commission shall be clearly identified as a draft version of the meeting. 8-3 Procedures 8-3-1 Parliamentary procedure in the Commission meetings shall be governed by Robert's Rules of Order, except where otherwise specified in these procedures. 8-3-2 Whenever an agenda item involves a recommendation to the Board of Supervisors, the Commission shall continue to consider the item until a definite recommendation is made. If a motion has been made and defeated, additional, different motions may be made concerning the item under consideration. 8-3-3 Business items on the agenda shall be considered using the following procedures: 8-3-3-1 Report by County Staff 8-3-3-2 Presentation by Applicant 8-3-3-3 Review Agency Presentations (as necessary) 8-3-3-4 Citizen Comment 8-3-3-5 Rebuttal by Applicant 8-3-3-6 Staff Comment 8-3-3-7 Discussion by Commission 8-3-3-8 Motion and Action by Commission 8-3-4 Public comment shall be allowed in all cases required by the Code of Virginia, 1950, as amended, or the Code of Frederick County. In other cases, the Chairman may allow public comment. 8-3-5 The Commission members may ask questions of clarification and information after the staff report, applicant presentation and citizen comment. 8-3-6 Petitions, displays, documents or correspondence presented at a meeting may be made part of the official record of the meeting by motion of the Commission and are to be kept on file by the secretary. Such items need not be made part of the published minutes. 8-3-7 Public Hearings 8-3-7-1 The Commission shall hold public hearings on all items for which hearings are required by the Code of Virginia, 1950, as amended, or by the Code of Frederick County. Such public hearing shall be advertised and notifications provided as required by the Code of Virginia, 1950, as amended. 8-3-7-2 The Chairman may establish special rules for any public hearing at the beginning of said hearing. These rales may include limitations on the time of staff report, applicant presentation and citizen comment. 8-3-7-3 In addition to those required by law, the Commission may hold public - 6 - hearings on any matter which it deems to be in the public interest. In such cases, the public hearings shall follow all procedures described for public hearing in these bylaws. 8-3-8 Tabling 8-3-8-1 The Planning Commission shall have the authority to table agenda items if any one of the following situations occurs: A) The agenda item does not meet the requirements of the Code of Virginia, 1950, as amended. B) The agenda item does not meet the requirements of the Code of Frederick Countv. C) Insufficient information has been provided for the agenda item. D) Issues or concerns that arise during formal discussion of the agenda item warrant additional information or study. E) The applicant provides the Frederick County Planning Department with a written request to table the agenda item. F) The Frederick County Planning Department is advised of an emergency situation that prevents attendance by the applicant. G) The applicant fails to appear at the meeting in which the application has been advertised to appear. 8-3-8-2 The applicant shall be permitted to request that an agenda item be tabled from a scheduled Planning Commission meeting one time. The Planning Commission shall table the application for a specific period of time to ensure that the requirements of Section 165-10 of the Frederick County Zoning Ordinance are not exceeded unless the applicant requests a waiver from this requirement. 8-3-8-3 An application that has been tabled for an unspecified period of time shall be re -advertised for consideration by the Planning Commission once the following steps have been completed: A) The applicant has requested in writing that the agenda item be considered by the Planning Commission. - 7 - B) The applicant has provided all required information to the Frederick County Planning Department which addresses all concerns of the Planning Commission. 8-3-8-4 The Planning Commission shall have the authority to act on an agenda item that has been tabled one time when the agenda item has been readvertised for a subsequent Planning Commission agenda. 8-3-9 Work sessions 8-3-9-1 The Commission may hold work sessions at which the procedural rules of these bylaws shall not apply. 8-3-9-2 Work sessions shall be held after the adjournment of regular meetings or at the time and place set by the Commission. 8-3-9-3 Notice of work sessions shall be sent to the Planning Commissioners at least five days before the session. 8-3-9-4 The chairman shall lead the session and require orderly behavior and discussion. 8-3-9-5 No actions shall be taken or motions made at a work session. 8-3-9-6 Work sessions shall be open to the public. Public comment is not required at a work session. 8-3-9-7 The secretary shall keep a general record of all work sessions and the items discussed. 8-3-10 Adjournment 8-3-10-1 In no case shall the Commission consider any new items after 10:30 P.M. and in all cases the Commission shall adjourn by 11:00 P.M. ARTICLE IX - AMENDMENTS 9-1 These bylaws may be amended by a majority vote of the entire voting membership after thirty days prior notice. 9-2 Planning Commission shall conduct an annual review of these bylaws to ensure their accuracy. All amendments to these bylaws shall be considered by the Planning - 8 - Commission in November of each calendar year. The Planning Commission shall adopt their bylaws during the first meeting of each calendar year. Editor's Note: Previous amendments to the Planning Commission By -Laws occurred on June 20, 2001 and January 2, 2002. Last Updated: January 18, 2006 - 9 - i C 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 November 16, 2005. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; John H. Light, Stonewall District; Pat Gochenour, Red Bud District; George J. Kriz, Gainesboro District; Robert A. Morris, Shawnee District; June M. Wilmot, Shawnee District; Cordell Watt, Back Creek District; Charles E. Triplett, Gainesboro District; Marie F. Straub, Red Bud District; Gary Dove, Board of Supervisors' Liaison; David Shore, City of Winchester Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: Greg L. Unger, Back Creek District; Richard C. Ours, Opequon District; H. Paige Manuel, Member -At -Large; STAFF PRESENT: Eric R Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Kevin Henry, Planning Technician; John D. Kirby, Zoning Inspector; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) —11114105 Mtg. Commissioner Light reported that the CPPS reviewed the Capital Improvements Plan (CIP) for the upcoming year and has forwarded the CIP to the Planning Commission with a recommendation. He said the CPPS also discussed the Eastern Road Plan. Economic Development Commission (EDC) —11105 Mtg. Commissioner Thomas reported that the EDC heard a presentation on attracting potential businesses to Frederick County. He said the presentation will be scheduled to be heard by the Board of Supervisors in the near future. Frederick County Planning Commission Page 1629 Minutes of November 16, 2005 nLq C� -2 - Winchester Planning Commission Winchester Planning Commission Liaison, Mr. David Shore, reported that the Winchester Planning Conunission had been presented with a request from the developers of Willow Run for a rezoning of a three -acre parcel that would become the link from Jubal Early Drive in the City, across Willow Run, and onto Merrimans Lane, and eventually to Route 37. He said action was tabled because of questions, but will be heard again at the Commission's meeting next month. Historic Resources Advisor Board HRAB -11/15/05 Mtg. Commissioner Gochenour reported that the HRAB has been discussing the Historic Plaque Program and 27 potential sites were reviewed. She said the HRAB members are interested in getting some good publicity for the program. STONEWALL DISTRICT REPRESENTATION Commissioner Straub announced that Stonewall District Commissioner, Mr. John Light, was present at this evening's meeting, even though he was not re -nominated by Stonewall District Supervisor, Ms. Lynda Tyler, for membership on the Planning Commission. Commissioner Straub requested that the Chairman clarify his presence for the viewing public. Chairman DeHaven stated that during the Board of Supervisors meeting on November 9, 2005, the Board declared that Mr. Light would continue to serve on the Planning Commission until he was replaced or reappointed. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of the October 5, 2005 Planning Commission meeting were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of the October 19, 2005 Planning Commission meeting were unanimously approved as presented. Frederick County Planning Commission Minutes of November 16, 2005 Page 1630 -3 - PUBLIC HEARING An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Section 165-30, Signs, (G) Height, and (H) Size. The amendment focuses on changes to the height and size of business signs located in the RA (Rural Areas) Zoning District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R- Cheran, reported that the Development Review and Regulations Subcoim-nittee (DRRS) reviewed and discussed proposed changes to Section 165-30 G and H of the Frederick County Zoning Ordinance at their meeting on April 28, 2005; the proposed changes would regulate business signs in the RA (Rural Areas) Zoning District. Mr. Cheran explained that the zoning ordinance allows business signs to have a maximum height of 35 feet and 100 square feet in area; a standard franchise sign may have up to 150 square feet. Mr. Cheran stated that the DRRS believed this permitted use is not in keeping with the rural character of Frederick County and will allow typical commercial signage in the rural areas. He said the DRRS is proposing the addition of a standard height and area size for business signs in the RA (Rural Areas) Zoning District; the recommended sign height for business signs located in the RA (Rural Areas) Zoning District would not exceed ten feet in height and the recommended sign size would not exceed 50 square feet. There were no public comments. Commission members spoke in favor of the proposed amendment and believed it would preserve the character of the rural areas in the County. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend the approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Sections165-30, Signs, (G) Height, and (H) Size to regulate the size and height of business signs within the RA (Rural Areas) Zoning District. (Commissioners Unger, Ours, and Manuel were absent from the meeting.) An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article XXII, Definitions, Section 165-156, Definitions and Word Usage. Action - Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that the Development Review and Regulations Subconnnittee (DRRS) recommended changes to the intent of Section 165-156 of Chapter 165, Frederick County Planning Commission r Page 1631 Minutes of November 16, 2005 D) lA r�� t I -4 - Zoning, of the Frederick County Code at their meeting of May 26, 2005. He said the DRRS believed the proposed changes would provide clarification and a better understanding of the definitions within this section of the ordinance. There were no public comments. Members of the Planning Commission believed this proposed amendment would set a standard for commonly -recognized definitions for use by the staff. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend the adoption of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article XXII, Defmitions, Section 165-156, Definitions and Word Usage. (Commissioners Unger, Ours, and Manuel were absent from the meeting.) PUBLIC MEETING Consideration of a waiver request by Frank Klebieko, submitted by Artz & Associates, PLC, for exceptions to the Frederick County Zoning Ordinance, as follows: Article V, RA (Rural Areas) District, Section 165-52A, Permitted Residential Density, Exceptions; and Section 165-54A, Permitted Lot Sizes, pertaining to creating two lots with an area less than five acres. This property is located off of North Frederick Pike (Rt. 522), west approximately .11 miles to Becher Place. The property is further identified with P.I.N. 41-A-103 in the Gainesboro Magisterial District. Action - Recommended Denial Zoning and Subdivision Administrator, Mark R. Cheran, reported that the property under consideration is a 3.460 -acre parcel located in the RA (Rural Areas) District and was acquired by the applicant in 2005. Mr. Cheran explained that the property is legally nonconforming because of the two dwellings that have existed on the property for 60 years. He said the property owners wish to subdivide the parcel in a manner that would have each house situated on an individual parcel. He further explained that the proposed subdivision will create two new lots, both less than five acres in area. Mr. Cheran stated that the property owners are requesting two waivers of the Frederick County Zoning Ordinance: the first waiver pertains to the permitted residential density specified in Section 165-52(A); the second pertains to creating two lots with an area less than five acres per Section 165-54(A). Commissioner Kriz confirmed with the staff that there were two separate wells, one serving each of the two dwellings. Commissioner Wilmot observed there was only one access to Route 522 for both dwellings; she inquired if the access was also Shared with the property immediately northwest. Commissioner WiLrnot was concerned about how access would be accomplished to the second lot after the property was subdivided. Frederick County Planning Commission Page 1632 Minutes of November 16, 2005 -5 - Commissioner Thomas inquired if the Health Department would come out to check the septic systems if the property is subdivided; he was concerned about the age of the systems and if they were functioning properly. Mr. Cheran said that there are currently two approved septic systems on the property. Mr. Michael Artz with Artz and Associates said the homes on the property were built in 1953 and 1956, which predates the zoning ordinance; two drainfield sites were installed at that time, along with two wells. Mr. Artz believed the Health Department visited the site to evaluate the septic systems. Mr. Artz explained how the access issues for the two proposed lots and the S&S Country, Inc. parcel would be worked out. He noted there was no easement for the S&S Country, Inc. parcel, nor do they need one. Commissioner Kriz inquired if the property owners had intended for this to be rental properties; however, Mr. Artz was not certain. Commissioner Morris commented about the difficulty that may be involved with land use taxation, if both dwellings remained on a single lot. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Zachery Smith of S&S Country, Inc., the adjacent property owner, stated that the property under consideration was the old Bernie's Gun Shop, owned by Mr. Bernie Mitchell. Mr. Smith asked for clarification on what the applicant was requesting. He was concerned that allowing this parcel to be subdivided may create a precedent for subdividing lots in the rural areas. Commissioner Kriz was also concerned about the precedent that may be set in the rural areas, if this subdivision was approved; he noted the probability of there being many more of this type of situation throughout the County. He said the ordinance requires five -acre lots and the proposed subdivision would create lots even smaller than permitted two -acre lots. Commissioner Thomas believed the right-of-way issue needed to be worked out; he said he would like to see something from VDOT on setting up two lots with a shared access. Commissioner Thomas pointed out a structure on the northeast corner of the aerial photograph that was not shown on the plat; he inquired about what that structure was. In addition, Commissioner Thomas wanted to see a definitive statement from the Health Department confirming they have evaluated the septic systems and they concur that the number of bedrooms and usages are appropriate. He commented that if there are any problems with the septic system or well on a 1'/Z acre lot, the new owners would be forced into a very expensive alternative system to fix the situation; he did not want to create a problem that could have been solved before the property was subdivided. Other Commission members agreed. Upon motion made by Commissioner Kriz and seconded by Commissioner Gochenour, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby deny the waiver requests submitted by Artz & Associates, PLC, on behalf of Frank Klebieko, for exceptions to the Frederick County Zoning Ordinance pertaining to permitted residential density regulated under Article V, RA (Rural Areas) District, Section 165-52A, Permitted Residential Density, Exceptions; and pertaining to permitted lot sizes regulated under Section 165-54A, Permitted Lot Sizes, regarding the creation of two lots with an area less than five acres. Frederick County Planning Commission�� Minutes of November 16, 2005 Page 1633 I= The majority vote was as follows: YES (TO DENY): Wilmot, Triplett, Kriz, Thomas, DeHaven, Light, Watt, Gochenour, Straub NO: Morris (Commissioners Unger, Manuel, and Ours were absent from the meeting.) DISCUSSION UPDATE ON THE URBAN DEVELOPMENT AREA (UDA) STUDY Deputy Planning Director, Michael T. Ruddy, came forward to present an update on the Urban Development Area (UDA) Study being done by the UDA Working Group and the Comprehensive Plans and Programs Subcommittee (CPPS). Mr. Ruddy said the two groups were seeking endorsement from the Conunission on several of the key concepts and were also seeking feedback from the Commission, as they prepare to have a joint work session with the Board of Supervisors, scheduled for January 17, 2006. Mr. Ruddy said the Working Group has established an approach to the study and over the past several months, their efforts have focused on the following areas: creating a statement of intent, establishing goals, creating strategies for achieving the goals, and envisioning land use policy language that could be incorporated into the Comprehensive Policy Plan. Mr. Ruddy said the group is at the point of developing the land use policy language; he said this was an ideal point to meet with the Commission and the Board of Supervisors to seek their endorsement before moving forward. He noted that this subject will also be discussed at the Planning Commission's 2006 Retreat, which is scheduled for February 4, 2005. Mr. Ruddy proceeded to review the sections completed by the Working Group, focusing on some of the key components, which included the concept of increasing the allowable density within the UDA, and the neighborhood community concept, which is a diversion from the traditional suburban style. Commissioner Gochenour was interested in seeing the inclusion of methods for satisfying infrastructure needs for the residential development that has already been planned in the UDA and for the existing densities in the UDA. Mr. Ruddy explained that the Study Group recognized there were considerable needs that go along with existing development, and also future needs that will need to be met for future planning. As a means to achieve those needs, the Study Group involved key stakeholders, including the Parks and Recreation Department and the public school system. Commissioner Thomas raised the issue of connectivity of large developments through the transportation system. Although connectivity was identified as one of the goals of the UDA Study, he suggested that somewhere within the implementation process, the group should spend time discussing how the language could be modified or enhanced in the Comprehensive Policy Plan and other documents to ensure that connectivity is possible from a regional basis. He said that possibly, becoming more up -front with the developers, so they understood the goals, may be helpful in the long run. Frederick County Planning Commission Page 1634 Minutes of November 16, 2005 1 ��, -7 - Mr. Ruddy suggested that assistance may be helpful through the ongoing work of the Metropolitan Planning Organization (MPO), particularly, the bicycle, pedestrian, and mobility master planning efforts that will be undertaken shortly. Commissioner Light thought it would be interesting to see a 50 -acre or a 100 -acre example tract with a potential layout and densities, so that a visual picture could be realized under the maximum allowable densities. Commissioner Thomas was interested in seeing a focus on community centers within the UDA and not turning the UDA into a bedroom community. Commissioner Thomas preferred the idea of a development with a combination of housing and commercial uses. He said that if the language is crafted so that development is associated with a community center, then the increased density would be acceptable. He said that if the development consists entirely of housing with nothing else associated with it, he was not sure the increased density would be appropriate. Commissioner Kriz, a member of the Study Group, said the Study Group was aiming for a mix of housing and a mix of uses, so that the end result would not be just a bedroom community. Chairman DeHaven suggested incorporation of incentives for developers to supply some of the other amenities, such as public use portions, schools, and parks, etc. in order to create a truly livable community. No action was needed by the Commission at this time. Discussion of an Ordinance Amendment to the Frederick County Code, Article X, Business and Industrial Zoning Districts, Section 165-82(A), Neighborhood Business District, with the addition of Health Clubs in the B1 District. No Action Required At This Time Zoning and Subdivision Administrator, Mark R. Cheran, reported that the Development Review and Regulations Subconmiittee (DRRS) reviewed and discussed proposed changes to the Frederick County Code, Article X, Business and Industrial Zoning Districts, Section 165-82(A), Neighborhood Business District, at their meeting of September 29, 2005. Mr. Cheran said the zoning ordinance currently does not allow health clubs (SIC 799 1) to be located within the B 1 (Neighborhood Business) Zoning District. He said the DRRS believed that health clubs should be allowed in the B 1 District; however, they should be limited to 5,000 square feet to stay within the intent of the district. He said the DRRS believed that this limitation would ensure that no large commercial, indoor recreation would occur within this zoning district. Some members of the Commission suggested that the 5,000 square -foot limitation for health clubs might be too restrictive. They agreed that something along the lines of 40,000 square feet would be too large, however, grocery stores, which were appreciably larger than 5,000 square feet, were permitted in B 1. Members were concerned that restricting the size too much could encourage a business into a facility and then ultimately, as the business grows and becomes successful, force them to move because of the size limitation. Frederick County Planning Commission _ Page 1635 Minutes of November 16, 2005 M Q (�� V — rj IL Mr. Cheran cautioned that if the square footage is increased and the potential health club establishes itself within a strip mall, particular attention will have to be paid to the parking requirements. Commissioner Thomas, a member of the DRRS, said the square footage was discussed at length by the DRRS. He said the DRRS did not envision these particular health clubs to have racquet ball courts, tennis courts, or indoor tracks; instead, it was envisioned as a neighborhood club with exercise machines, an aerobics area, a locker room, etc. Commissioner Thomas did not have a problem with an increase to 10,000 square feet. He considered the neighborhood health clubs to be a relatively new type of B1 use, brought about by life-style changes not envisioned when the SIC Codes were established. Other members of the Commission agreed and also believed the size should be increased from the proposed 5,000 square feet, possibly to 10,000 square feet. A member of the Commission offered to research the square footage size of some of the existing area health clubs to establish an idea of what size would be viable for a potential business. Another suggestion was to inquire with the county's Parks and Recreation Department on this particular issue also. No action was required by the Commission at this time. UPDATE ON THE ARTRIP REZONING APPLICATION Planning Director, Eric R. Lawrence, stated that the Planning Commission had tabled the Artrip rezoning application at their October 5, 2005 meeting for 60 days, which requires the applicant to come back before the Commission on December 7, 2005. Mr. Lawrence said the applicant has requested by letter to be delayed for two weeks, to allow them and staff time to fine tune the application, until the December 21, 2005 Planning Commission meeting. Upon motion made by Corrunissioner Kriz and seconded by Connnissioner Thomas, the Planning Commission unanimously agreed to grant the applicant's request and they postponed the Planning Commission's consideration of the application for an indefinite length of time, until the applicant and staff concur that the application is complete and ready. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:00 p.m. Respectfully submitted, Charles S. DeHaven, Jr., Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission __ Page 1636 Minutes of November 16, 2005 • C • 410 ooG CONDITIONAL USE PERMIT #06-05 w ti� CINGULAR WIRELESS — ARPyMEL Staff Report for the Planning Commission Meeting w €� Prepared: December 29, 2005 Staff Contact: Mark Cheran, Zoning Administrator This report is prepared by the Frederick County Manning 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: 01/18/05 Pending Board of Supervisors: 02/08/05 Pending LOCA'T'ION: This subject property is located at 218 Tadpole Lane (Route 642). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 76-A-47 PROPERTY ZONING & SIR SENT' USE: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONP4G & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: M-1 (Industrial Light) West: RA (Rural Areas) Land Use: Residential Land Use: Vacant Land Use: Warehouse Land Use: Agricultural PROPOSED USE: 190 Foot Monopole -type Commercial Telecommunications facility Conditional Use Perndt 406-05, Cingular Wireless — Armel December 29, 2005 Page 2 REVIEW EVALUATIONS: Vir inia Dept. of Transportation: The application for a conditional use permit for this property appears to have no measurable impact on Rt. 642, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Inspections Department: Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, Use Group U (Utility and Miscellaneous) of The International Building Code/2000. Structural plans submitted for permit application shall be sealed by a Va. Licensed Design Professional. Please note the requirements in Chapter 17 Special Inspections for this type structure, soils, concrete, bolts, etc. All chapter 1 VUSBC min. inspections shall be conducted by the Frederick County inspection staff. Request to utilize a third party inspection agency, (that complies with the Frederick County policy), shall have prior approval granted by the Building Code Official. Fire Marshal: Plan approval recommended. Winchester Regional Air crt: The Winchester Regional Airport Authority offers the following comment on the proposed site plan as conditions to be included for approval of this site plan: 1) Structure should be marked and lighted in accordance with FAA Advisory Circular 70/7460-1J, Obstruction Marking and lighting, Chapters 4, 8 (M -Dual) & 13. Provided that this condition is met, the Winchester Regional Airport Authority has no objections to this site plan. Planning and Zoning: The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The Frederick County Zoning Ordinance specifies that a CUP for a commercial telecommunication facility may be permitted, and subject to additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. In addition commercial telecommunication facilities may be permitted provided that residential properties, land use patterns, scenic areas, and properties of significant historic values are not negatively impacted. A minor site plan shall be approved by Frederick County prior to any construction. Background: The applicant proposes to build a 190 -foot monopole -type telecommunication facility that is designed to accommodate commercial telecommunication carriers. The proposed facility will be located on an 8 -acre site located on Tadpole Lane. This proposed commercial telecommunication facility should it be approved, will be in conformance with Section 704 of the Telecommunication Act of 1996. Conditional Use Permit 006-05, Cingular Wireless — Armel December 29, 2005 Page 3 The applicant has shown on maps, and justification statement; that there are currently five (5) existing facilities or appropriate structures available for co -location. Staff has inventoried and mapped existing commercial telecommunication facilities and antennas within the general area of this application. Staff believes that a new commercial telecommunication facility may not be appropriate in this area due to existing facilities. The maps provided within the application, analyzing coverage need in this area, may not be sufficient to determine the adequacy of the search area. Furthermore, based on the other identified co -location sites in this area of the County, this proposed application does not appear to meet the intent of Section 165-48.6 of the Frederick County Zoning Ordinance. STAFF CONCLUSIONS FOR THE 01-18-06 PLANNING C'OMMYSSYON MEETING: Staff believes that this application for a commercial telecommunication facility does not adequately addressed the requirements of Section 165-48.6 of the Frederick County Zoning Ordinance in that a need for this facility, based on a lack of coverage and capacity in this part of Frederick County, has not been demonstrated. In any event should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for co -locating personal wireless service 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, than the CUP will be deemed invalid. 6. A certified Virginia engineer shall provide 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. Following the requisite public heaving, it would be appropriate for the Planning Commission to offer a recornmendation concerning this application to the Board of Supervisors. ORNDORF AL LDEN 76 A 48A HEFLIN �RlGH� ��tls`BlWIt t;{ -- e _ } 76 A 44 ` t " r �r 1 76 i '1 t\".HEFLI f 4 RUN . 1 NEY J. • - KEN ,I, 7A 46111-11 t ♦ % ! �'�> .� r`! i PO -iO_,,,__-_ HERITAGE PLACE t iGC7Llp� -- 1 "; 76 A 53D IlJ�. " " �. 7 r(. J tit% �V ✓+ t " i ` KENNEY /`y e7/RgC 76 A 47 r— I t FRMARC LDRV �y+•' / 1 + - + t t t {r76A 53E1I E i ✓_._1�0J�P^° � 't s, �f` A:Yj' ',/ + j ! � •;> \ r ice- "F !. RT .. ry 76 AE 4& INRIGHTSRUN 76 A 53A j, vp '-'LEONARD PROPERTY - ill A ,,113 n Map Features CUP # 06 - 05 APPlicalion t._- - Armel n/ Dulvarts �;Pa 1. LakeslP.nds /V Dams Agricultural & Forestral Districts C i n g u l a r Wireless ....- Streams /\„ - Retaining wails ® Douhl. ara h N Buildings Road Centerlines ._„tpa.,,, W 76 - A - 47 ) 7""`s O South Frederick E ". s Tralis 0 75150 300 Feet -`��,ORNDORFF '76:-A' 43 t0 tr1 HEFLIN 76 A 44 -751 �� - �! y - - "/ KENNEY N P L � � wer 9 lOCiIton-./r KENNEY , t 76 A 47 76 Map Features CUP # 06 - 05 /\/ Bridges "L.k../- —'Ra"e'a Cingular Wireless - Armel n/ C i�efs Lakes/Ponds ^� Dams Agrleulfural 8 ForesRal Districts Streams :��,• Rehainmg W.11s D.19. CNw h N Bufidings Road Centerlines Refuge Church ( 7 V — A — 47 ) Tanks South Frederick w E S 0 75150 300 Q� Feet I m� y ORKDDRFF 76 A 43 , tiEFLIH •76 A M ,r�N � c HEFLIN ` ;v --t� 76 A. 45 1 ! •�R 4 S�GI i r `44mr."W14 A" 46 KENHEY `f } !� potentialtower F lOC�tiQll Ir s •' ,• �Ia HERITAGE•P.LACE `-� . `. 76 A 1 lfErIHEY f - `, rd �71i t♦ It ttr FRiMARCEL DRIVE 76 A 53B SARGENT 76 A 42 l�L WRIGHTSRIIH t � � LEONARD PROPERTY �. 1 ?• 75 A 113 Map Features CUP # 06 - 05 /'%/ApPlic,fi- i Bridges Parcels /'V Cingular Wireless - Armel 9L.kesIP.rds ^� Dasms Agricultural & Forestral Districts Mw-- Streams Retaining Walls ',� DoutAe M..h N Buildings Road Centerlines Refuge Church (76 - A 47 ) T-• h- N (� South Frede-1, W E - - Trail. s 0 75150 300 Feet Frederick County - Cell & Communication Towers Cell Tower Coverage 1 - yti.-=�i:• - .•r�--A ••'r�:�-_.`_. - 'r' .••'rte-= 0 - - - -- --_ •' "•r-•. _ - _� - - - - --- .U`-� _ :.'rte- _-•!-, _ - .r�".�-- [•Y?+•-•_- � (� -_- _ - •-tel ' - - - _ ~+� - - - _- '_-- - � 1�-"Cy3��y - • - _sir=_ - - _ s_`� - - -_ - - _ - • Cellular Towers & Antennas ANTENNAE L . J . ti} -10 ` .• . , MONOPOLE- TOWER� * Co -Location Sites OAntenna Structure Register streets n /V Primary Roads N Secondary Roads \ _ i O'er Tertiary Roads Winchesfer, it Winchester City Roads - 3 City/ Town Bounday Cell 3 Mile Buffer 4e / f' - - Proposed Tower O 0 Submittal Deadline P/C Meeting BOS Meeting APPLICATION .FOR CONDITIONAL USE PERMIT FREDERICK COUNTYt VIRGINIA /i _ /'2z t 1. Applicant (The applicant if the owner t-"' other) NAME: &M4- i'V' i4 i,&SS , EEC SS rr�U L.o Tia =,C, ADDRESS: 7 I,91 -1c VSA t Cri oa'- X70'L'-jJm" o "z pzS iZ�r 9 %�} ZC ;"TC, TELEPHONE %G 3 -,SLA - 7/4S 2, Please list all owners, occupants, or parties in interest of the property: l Maypje-y ._.its 7iti1. k/Crvd-/E� (^ iTi (�� DL r4 �I iIle 3. The property is located at: (please give exact directions and include the route number of your road or street) C�0ITC PCS%, L`.{ 4 � The property has a road frontage of �}+�' „ % feet and a depth of (,L��( feet and consists of _ acres. (Please be exact) 5. The property is owned byas evidenced by deed from recorded (previous owner) in deed book no. on page �!3 j , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax (Parcel) Identification (I . D.) No. 7� Z� �� P_` ILA Magisterial District_( Current Zoning P- 7. Adjoining Property: ZONING 1 !a 2 ,a USE North East South West ZONING 1 !a 2 ,a 8. The type of use proposed is (consult with the Planning Dept. before completing) (CgG' i��i ;c �� t� 7�i � c_� ria iC K/t x 2c ~GL'K;';km �i-fe�:;� t—cY� Ui�lu"j1=kr�1vC?% L%;ra-cLC�S`ICt,�C'��il=iL)✓�ilC,�i/t��(.i t�C;rLi'r� 9. It is proposed that the following buildings will be constructed: 1UX j o 4Z -V' 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME ADDRESS PROPERTY ID# _7 T6 41� NAME 1c, 1411 SA T" —j rZ . �1. e'C i z;1 ,t4 J�f,_c �A�DRESS Z5 PROPERTY ID# NAME Am -/-i m�x;Azy ADDRESS Zi -c -f f�� .i PROPERTY ID#_77__S�s 7Z/: NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS lI. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. IC C 1713 - Armel / RF Search Area with Primary Candidate Identified ,f r- nrr,i nI nA n nR Copyright ©1988-2003 Microsoft Corp. and/or its suppliers. All rights reserved. http://www.microsoft.com/streets © Copyright 2002 by Geographic Data Technology, Inc. All rights reserved. © 2002 Navigation Technologies. All rights reserved. This data includes information taken with permission from Canadian authorities © 1991-2002 Government of Canada (Statistics Cana'- end/or Geomatics Canada), all rights reserved. 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. a Signature of Applicant Signature of Owner / Owners' Mailing Address Owners' Telephone No. TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) z JPS (Phone) (Address) 2_1i iA tip' , Q) i -i i fzv'l9 2- CZ_, /;� the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page Parcel: _] ti Lot: A Block: L1 � Section: do hereby make, constitute and appoint: (Name) and is described as Subdivision: (Phone) 703 -_5k3`7/41E; (Address) � � yc- k%A I (_kAcz_ 'be ,IJJ •2_(I/ 7t' To act as my true and lawful attorney-in-fact for'and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (including proffers) OE: Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from die day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of Signature(s) State of Virginia, `t'.ttq/County of rs' i & c & ,' , To -wit: I, L26t `'c`' / i 1'e : a Z , . Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this Q,-2 day ofNA,11,; , 2004f' . (IeL-- My Commission Expires: Notary Public �7 - Statement of Justification for Armel Candidate Kenny Pronerty located at 281 Tadpole Lane (November 14, 2005) Introduction New Cingular Wireless PCS, LLC, a Delaware limited liability company ("Cingular"), is licensed by the Federal Communication Commission ("FCC") for the following Call Signs servicing the Washington DC metropolitan area: KNKA243, KNLF220 and WPZY690 to provide domestic wireless telephone services by transmitting and receiving radio frequency spectrum signals at: Transmitting (TX) Frequencies of: Receiving (RX) Frequencies of: 1) 845.01-846.48, 890.01-891.48 MHz (Band A); 1) 824.04-834.99, 869.04-879.99 MHz (Band A); 2) 1950-1965 MHz (Band B) and; 2) 1870-1885 MHz (Band B) and; 3) 1975-1980 MHz (Band C); 3) 1895-1900 MHz (Band C) �O e uon Presb Church K9, 17 a b age —ph f S�i 37,, —'! Alle hen Power 200' Shenandoah Tower 261.5 us-d Springdale Mill Complex :9 cab 4Bartonville I si 54 a Parkins sYN�lo 655 r Mdis 62J UMC cand 1 I644`. i Fig 0.499 mi,..,i:.. r� 7 v I Shirl Ken n cand 3 Dundridg_ List Corner �Q� . Kenn cand 2` Tad ole candidate 4 Newtown Ste hensbur His District "a; 1 , .V erlo Armel 642' 5G I - -, � 237 , .. 644 , ,Q Shenandoah 269' .. sT'- t> -'I 146' CO pYnght O 2003 Microsoft Ca�a _ Y Cprd fiairf �� ' p. endlor: its suppliers. Rll;ri lits reserved. --- ivy, Site Description and Background On or around March 16, 2004 Cingular requested to find a candidate to build a new site to provide enhanced coverage in the area in the area between US 522 and Tasker Road, Northwest of this intersection, in Frederick County, VA. This site will provide coverage to commuters along these routes and improve hand off between Stephans City and Winchester sites. Four (4) candidates were identified in the search area: 1) Macedonian United Methodist Church located at 1941 Macedonian Church Road, White Post, VA 22663 (04/12/04); 2) Donald and Janet Kenny located at 281 Tadpole Lane, White Post, VA 22663 (04/12/04); 3) Shirley Kenny located at 280 Tadpole Lane, White Post, VA 22663 (04/12/04) and 4) a different location on the Kenny property located at 281 Tadpole Lane (7/28/05). Cingular is currently located on five (5) towers in the vicinity of the search area: 1) Shenandoah tower ASR#1025561 at the 212' elevation, 2) Shenandoah Tower ASR#1059341 at the 183' elevation, 3) Allegheny Power tower ASR#1207146 at the 120' elevation and 4) Crown Communications Tower ASR#1235775 at the 183' and 5) a tower under 200' in Clarke County, at the 146' elevation. The terrain of this area makes it very difficult to supply Cingular's wireless customers with seamless coverage. Moreover, candidate 4 was a likely choice to cover the US 522 corridor more effectively. (See the attached propagation maps) cnnaular WIRELESS m., onto n v menc.ax�vuAa�e1 mu[rR}nsta w n nun<v. a.n rt. n M �m �A�T4 M �,.L m+n a�a�i mieKr.wwiw[ron+u v. v omao a v w• sm T�[.."�`•a."i�u i�.m n"oowLO:iuw ini ave W wn,n.m, goei n.mu, SYMBOLS AND ABBREVIATIONS 8 n,r SITE NAME: ARMEL SITE NUMBER: 1713 281 TADPOLE LN. WHITE POST, VA 22663 .T.I i.tTULESHEET SHEET INDEX C.ISITE PLAN C.2 ENLARGED SITE PLAN C3 CML DETAILS C4 CNILCETAILS CS CIVIL NOTES A4 COMPOUND LAYOUT AND MONOPOLE ELEVATION Ili STRUCTURAL NOTES, SECTIONS, PLANS AND DETAILS S -T STRUCTURAL DETAILS 33 SHELTER FOUNDATION DETAILS Si ANTENNA SCHEDULE AND NOTES E•I ELECTRICAL NOTES, PUN AND DETAIL E•2 UTILITY OKGRAK SHELTER PLAN AND PANEL SCHEDULE EJGROUNDING ELEVATIONS AND SECTION Ed GROUNDING DETAILS AND SECTION ES BILL OF MATERIALS• ELECTRICAL Approved by Frederick County Zoning Administrator Please Note; SHe Plan valid for Ove (5) years from approval Date NI/ Cai entrex s sxm w n. Xcingular Y • F� axua ,a wmmt IX90.4 u.. ARNEL tii7 2817AMIELX YINITEPOST,PA22M TITLE SHEET T-1 c i n a u a v WIRELESS GENERAL NOTES i `sSi TE SITE NAME: ARMEL QI5�� E!!I'nQIR: 1713 v1 1 L. rrv1v1LJL- 281 TADPOLE LN. WHITE POST, VA 22663 mI T-1 SYMBOLS AND ABBREVIATIONS vR C-1 SITE PLAN [ sdsmi[ ENLARGED SITE PLAN C-3 CIVIL DETAILS T-1 TITLE SHEET SHEET INDEX C-1 SITE PLAN C-2 ENLARGED SITE PLAN C-3 CIVIL DETAILS Cd CIVIL OETAILS C-5 CIVIL NOTES A -i COMPOUND LAYOUT AND MONOPOLE ELEVATION S -I STRUCTURAL NOTES, SECTIONS, PLANS AND DETAILS S-2 STRUCTURAL DETAILS S-3 SHELTER FOUNDATION DETAILS 53 ANTENNA SCHEDULE AND NOTES E -I ELECTRICAL NOTES, PLAN AND DETAIL E-2 UTILITY DIAGRAM, SHELTER PLAN AND PANEL SCHEDULE E-3 GROUNDINGELEVATIONS AND SECTION Ed GROUNDING DETAILSAND SECTION E-5 BILL OF MATERIALS • ELECTRICAL Cs entrex OxE: j3031�Oed9 oeS 5 ----------------------- Fa%: �lall.aeaesl SUBMIiTAtS xI cinaular gyp/ Y 1i F D[4GxE0: ciuECO: scuE ARMEL 1113 261 TADPOLE I.N. WHITE POST, VA 22663 ua[ TITLE SHEET [l .wuOiR: T-1 11C1%11AP SURVEY NOTES ...... ..... loll" I ZLZ sum— Y ,E I—E, 0 73 —35-6— 7f ilx — — — — — — — — — — - — — - — — - — — - — Z.,*11115 cingy ar 16 - — - — - — D .271 WFC .,. 74 1-77 PMECT 11. TaI50073 EI—EER 's PE-E� GRAP.0 S -r Ill I—ES -RCEL C 7A I- ARMEL V13 I's 281 TADPOLE LN. WHITE POST, VA 22663 -E SITE SURVEY —P— S—� SITE SURVEY '\ r,-\ �—PROPOSED IZ-O- WIDE \ =Y_.� LRAVE'_ .-[CESS ROAD. SEE 5/C-3 r1 J� vl t —}LF E r ( \--FAOPDSED IS Z- DIA / 1 ' \/ UP 7tD1 `}�\,'J\ ; (MP CULVERT SF- VERT IN '110.03' , K \ \ FVE"nr OU 170.33' CODE —ED / ''^c� Al 1» 5 w000ED AREA -- SIP RAP CHANNEi. , r Ij \ +' ` SEE SIC -3 'NTRAKE. SEE 5/C-3 L5 I AREATABLE i1RNBEC A- . ..61, 11 . 0.19 ♦[ r .v., • .a n Ax:WSEO � � EAISIIHG BUIIGAG � � I I L Jam' 1 ;�� 1�4f.;SlARi SILT FEUCE. SCE Sea i �—PROPOSED IZ-O- WIDE \ =Y_.� LRAVE'_ .-[CESS ROAD. SEE 5/C-3 r1 J� vl t —}LF E r ( \--FAOPDSED IS Z- DIA / 1 ' \/ UP 7tD1 `}�\,'J\ ; (MP CULVERT SF- VERT IN '110.03' , K \ \ FVE"nr OU 170.33' CODE —ED / ''^c� Al 1» 5 w000ED AREA -- SIP RAP CHANNEi. , r Ij \ +' ` SEE SIC -3 PROPOSED 15 LF 11" CIA. CMP CULVERT , SEE 6/C-.3. IR IT . 116.53' .VERT CUT 716.33' T.O.C. - 727.1 C7 ;n 8 cRAPtHi �]AL0 L5 I AREATABLE i1RNBEC A- . ..61, 11 . 0.19 ♦[ r .v., • .a n Ax:WSEO LINETYPES /t ! t FRA 9 057350 (/ \ 3533 3533 FEVCE. SE- 1 i/C-3k�, \ —PROPOSED 6` GRAVEL COWMARD SL'RFAC.G, 3 i SEE 4/C-3 PROPOSED B' 1IC,, CHAIN LINT( FENCE, 3 - SEE Z/C-3 _� PROPOSED 15 LF 11" CIA. CMP CULVERT , SEE 6/C-.3. IR IT . 116.53' .VERT CUT 716.33' T.O.C. - 727.1 C7 ;n 8 L5 I ! t FRA 9 057350 (/ \ 3533 3533 T `—LIMii$ OF CISIL'R9ANCE.3�,—� 1 a \ AREA - 356M 5F / \ 3 i ENLARGED SITE SURVEY ec,<L 1 10 0 \ Co enttex WASHIN F EIi yxlO,C 21— 1ARea9sf SUBMIIiALS a es , m •wsI �' `'"cingular vv PRD.tcT .ro- 'C'S On DESIGNER: R.S, -KER: L.C. SGLE, D --c 1.11 m m[ni5 ARNEL 1713 291 TADPOLE LN. WHITE POST, VA 22663 pnE: ENLARGED SITE SURVEY -ET —BER: C2 CONSTRUCTION OF Ai SILT FENCE (WITHOUT WIRE SUPLO!,Tf oda 0111glOw 10 III FENCE PLAIN VIEW nmx cow—' SECTION A - A STONE CONSTRUCTION ENTRANCE. (D � " 1.- 0 .-1 "L... =a« - 0 G- 0, SITE COMPOUND SURFACING DETAIL IIAD DET�AIL ACCESS R pm _%L—V entrex r SUBMITTALS 'clngular WFi2 PRO.CrNi): .13-M WAd Ell—El. C.C. ARMEL 1713 2111 TADPOLE LN. WHITE POST, VA 22663 CIVIL DETAILS T.—ET.1— C-3 CSC CABINET LAYOUT ACCESS '7T DETAIL 6) - 0) Q) TELCO STRONGWELL BOX \1/ do entrex F4%: IxRxltQtdRte , Cingular WFiP iRO:E[i IIP. 10Bfi 015 IDIE ARMEL 1713 281 TADPOLE LN, WHITE POST, VA 22663 nnc CIVIL DETAILS C-4 EARTH EXCAVATION NOTES GENERAL EROSION AND SEDIMENT CONTROL NOTES xc q STORMINATER MANAGEMENT SUMMARY FtKMANI:NT SEEDING SITE —SPECIFIC SEEDING MIXTURES FOR APPALACHIAN I MOUNTAIN AREA Al 1;— arta. v+xui, 1—v T 151 —M —11E c— I .11 Z. Z HxF I—R) art do entrex it 1,-,, —4—Q MUM C.G. 514E ARMEL 1713 281 TADPOLE LN, WHITE POST, VA 22663 ME CIVIL NOTES C-5 — — — — — nYD, r .aw,E � I it I �� j .,a xt� �_�P wreos[D tawn[t—•—l• , COMPOUND LAYOUT O MONOPOLE ELEVATION (1. s[.¢.,"i Centrex LIP SUBMIiTRLS F';'cingular Y. WFE<: Ploxct vu: iommQ73 oE9cxEF. wA — sceLE: CatE �N ix[xF5 ARMEL 1713 281 TADPOLE LN. WHITE POST, VA 22663 COMPOUND LAYOUT AND MONOPOLE ELEVATION SxEEi vuB[R A-1 STRUCTURAL NOTES I vz xs[ nx~imluwpn[�sl :ma spur%[m I irn.s r♦wa �o x(.�.p u.,,m,u a ,a(c+c 1 €; p.,a ax,t •.o v(w.c�.[„puc ..vr .y v.(.,� /: raw,un•ary�1y� snout =t�: sa«u,. [ ' I—a,rotYouwnnC r I I: I►IV .i I �,; � III" � i;' nv+Ni ut t on.[nwt( xo,m \��/ / �tnl.rut ww/a(—�, •`',�I v . , •.a ♦ • x ANTENNA MOUNTING LAYOUT @, SECTION SFMIM t I Li bidI M ICE,RIDGE SUPPORT POST SECTIONDETAIIp is UTILITY FRAME DETAIL do entrex uE(iosia anp6p sp Fsa: �SOYIapeL%( SUBMITT�a3 "'c';; singular W FE) ARMEL 1113 281 TADPOLE LN. WHITE POST, VA 22663 STRUCTURAL NOTES, SECTIONS, PLANS AND DETAILS s,rtn „puecx. S-1 go entrex SwPFax Elioil lueafct SUBMITTALS I.!v 1 1 ;gcingular ,eN W Fig PRp#c1 xp: IpR6 p)} OESCUER: xci—: C.L. -U; MC SC}s= w xCxES ARMEL 1713 281 TADPOLE IN. WHITE POST, VA 22663 1,11E, STRUCTURAL DETAILS S-2 ,e wa ly El:Y�15K ICE BRIDGE SUPPORT POST WI GPS DETAIL FUTURE GPS LMU ANTENNA SUPPORT n I II i I 1 go entrex SwPFax Elioil lueafct SUBMITTALS I.!v 1 1 ;gcingular ,eN W Fig PRp#c1 xp: IpR6 p)} OESCUER: xci—: C.L. -U; MC SC}s= w xCxES ARMEL 1713 281 TADPOLE IN. WHITE POST, VA 22663 1,11E, STRUCTURAL DETAILS S-2 i I lls s Wt�[. 1/usrt ii xln Fn.rxx rs,nirN, e( lf:av pu CLIP ANGLE DETAIL FOUNDATION PLAN ! , sr«c vr•r-o I SHELTER ATTACHMENT DETAIL i .,� j ' rt smasmn VY «an[M 1V[A� nw I ws„A «.A area n.Aaa'm mm.v ...a..0 mm.«bnF FOUNDATION SECTION wre wN.w umA w.+m. tea, a w «A CONCRETE STOOP DETAIL/1 x.ul Co entrex SUBMITTALS I 1 L I �cingular WFil vNO.[<: x0: IOB5.0J� OESILNfN: A. CNLINfER: v.L. L[AL me u«: m Nwfs ARMEL 1713 261 TADPOLE UL WHITE POST, VA 22663 nne SHELTER FOUNDATION DETAILS LNEEt xuu9Fn. S-3 wl� f\la' oa�ENA�D+aEra:uE TYPICAL ANTENNA ORIENTATION (1 BILL OF MATERIALS SITE NO. 1773 ARMEL ITEM. DESCRIPTION QUANTITY APPROX. LENGTH APPROX. TOTAL RESPONSIBLE (EACH) (FEET ORDERED) (FEET ORDERED) PARTY ANTENNA, KATHREtN-SCALA CINGU!AR I A?17/17-880/1940/0880/AOT/X%P 6 N/A N/A (FDxm EciDa 1 5/8' COMMBCOFE CONSTRUCTION 2 COAX CABLE 6 27i FT. 1294 FT CONTRACTOR COMMSCOPE CONSTRUCTION } CONNECTOR 12 N/A N/A CONTRACTOR t/2 4 Fi, CONSTRUCTION 4 C.-SCOPE.NMPER 6 N/A N/A CONTRACTOR CMGULAR 5 ANTENNA, OPj (TBD) i N/A N/A ([a+iRACiDt >xSTAUED) If2' COMMSCOPE CONSTRUC710N 6 COAX CABLE t TS FT. 15 FT. CONTRACTOR I/T COMMSCOPE CONSTRUCTION 7 CONNECTOR 2 N/A N/A CONTRACTOR 1/2" 9 FT. BOTTOM CONSTRUCTION 8 6 N/A 48.D' CONTRACTOR JUMPERS LOP21901. TNA -DO -1400 -FB LINGULAR 9 W:*H S.BYPASS TOWER 5 NfA N/A MOUNT !XavmAcrDa CABLE SCHEDULE AND RF SYSTEM DESIGN PLAN SE_;OR .4V [','INA POSIAON MAKE MGCEL RAC Cia, *, AO;_ AbMO TH COAX Si2E, IN. APP30%. LENGTH iaFE COLOR 1 S= KATHREIM-SCALA APi4,.117-8d6;194Q!GBBO/a0i/X'd? 188:1:0' 1 5,18" 215: 7.3,D.1 ,y2 FUTURE T.9.D. I 43KATHREud-$cALa APT 4/17-880/1390(Od80/.4DT/x%? 18B': Q' 1 i!8' 21 j'i TB D 2 #; KATHRuN-SCALA APi4/17-680J1940/O9dC'/AUT/%%P 188'5 120" 1 i!B" 2}5f TB.D. 2 g2 FUTURE 1.90. 2 p} KaTHREIN-SCALA APti/t7-980/t4<0/OdBO/AOT/%%P 188't 720' 1 i/A" 215'1 T3,1).} pl KATH.REtN-SCALA AP14/17-880/7940/088D/ADT/%x? 188'1 240' 1.5/8" 2155 T.B.D. } d2 FUTURE 7.dD. } #3KATHREIu-SCALA APi4/.7-830/1940/0880/AOT/%XF I88'± 240' 1 8/8" 2!5t T.9.b. GPS (MOUNTED ON ICE BRIDGE POST) 1 @ OF ANTENNAS PER SECTOR. 3 (INSTALL 2, RESERVE 1) (2) TOWER MOUNTED AMPLIFIERS PER SECTOR FUTURE LMU ANTENNA NEW EQUIPMENT: 0 EQUIPMENT SHELTER: IT -6" R 20 AMPLffIFRS BILL OF MATERIALS SITE NO. 1773 ARMEL ITEM. DESCRIPTION QUANTITY APPROX. LENGTH APPROX. TOTAL RESPONSIBLE (EACH) (FEET ORDERED) (FEET ORDERED) PARTY ANTENNA, KATHREtN-SCALA CINGU!AR I A?17/17-880/1940/0880/AOT/X%P 6 N/A N/A (FDxm EciDa 1 5/8' COMMBCOFE CONSTRUCTION 2 COAX CABLE 6 27i FT. 1294 FT CONTRACTOR COMMSCOPE CONSTRUCTION } CONNECTOR 12 N/A N/A CONTRACTOR t/2 4 Fi, CONSTRUCTION 4 C.-SCOPE.NMPER 6 N/A N/A CONTRACTOR CMGULAR 5 ANTENNA, OPj (TBD) i N/A N/A ([a+iRACiDt >xSTAUED) If2' COMMSCOPE CONSTRUC710N 6 COAX CABLE t TS FT. 15 FT. CONTRACTOR I/T COMMSCOPE CONSTRUCTION 7 CONNECTOR 2 N/A N/A CONTRACTOR 1/2" 9 FT. BOTTOM CONSTRUCTION 8 6 N/A 48.D' CONTRACTOR JUMPERS LOP21901. TNA -DO -1400 -FB LINGULAR 9 W:*H S.BYPASS TOWER 5 NfA N/A MOUNT !XavmAcrDa /2" li. PURPLE entrex C� s e: ¢ i�t oemsa .•:. nan+cw9cl SUBMITTALS AMPLffIFRS S[AUED) Ia. I I `'cingular W F'E iaO.Et+ NO' (005.DS3 DEOiCx[A' x(.A. Ft1WxEEcmG R: scuE. r� GRAiwC ODxtE iN 1tKx[0 ARMEL 1713 261 TADPOLE I.N. WHITE POST, VA 22663 1141 . ANTENNA SCHEDULE AND NOTES SNEE+ u�r0[a' \f/ do entrex P.. 5USMIFTALS `�' singular WFIV Po FC N1. 1086A73 —a 0 —r� ARMEL 1713 281 TADPOLE LN. WHITE POST, VA 22663 ELECTRICAL NOTES, PLAN AND DETAIL E-1 ELECTRICAL NOTES PMCTS Z.; Ly p onauKx -4— ABBREVIATIONS BURIED CONDUIT TRENCH POWER AND TELEPHONE FIR— 11— —'z COMPOUND LAYOUT PLAW ELECTRICAL \f/ do entrex P.. 5USMIFTALS `�' singular WFIV Po FC N1. 1086A73 —a 0 —r� ARMEL 1713 281 TADPOLE LN. WHITE POST, VA 22663 ELECTRICAL NOTES, PLAN AND DETAIL E-1 a enLrex p .... SUBM—LS -_p ngular WF - PROA106 573 DM -1 ALs VI—ER; --c suLc w I—. ARMEL 1713 281 TADPOLE I.N. WHITE POST, VA 22663 I - UTILITY DIAGRAM, SHELTER PLAN AND PANELSCHEDULE 7SKEET —BEK E-2 Y y II ------- — ----------------------------------- -------------------------------------- I --------------------- - - ---------------------- Li --------- --------------------------------------------------- -------------------------------- ----------------------------------------------__ ---------------------- ------------- ------------------------ ------------------ - ------- --------------- UTILITY DIAGRAM 'I T, E I E-:�, DESCRIPTION DESCRIPTION �2T�l 2- a -L-- 1110 -E -L-. 7.711 EQUIPMENT PLAN "E 11E RD;NOTES 11111-T11 ILAN, ELECTRICAL a enLrex p .... SUBM—LS -_p ngular WF - PROA106 573 DM -1 ALs VI—ER; --c suLc w I—. ARMEL 1713 281 TADPOLE I.N. WHITE POST, VA 22663 I - UTILITY DIAGRAM, SHELTER PLAN AND PANELSCHEDULE 7SKEET —BEK E-2 v entrex SUBMITEALS ,>_4 cingular T'T r,0: 1036.013 DUGNER: Am1m59 ENMEER: A.L.S. MA- 1.1t ARMEL 1713 281 TADPOLE LN. WHITE POST, VA 22663 GROUNDING ELEVATIONS AND SECTION E-3 GROUNDING NOTES 711.1111�1.11�111-1 I= �11 GROUND WIRING MONOPCLg�� SHELTER ,�L,Tp EXTERIOR GROUNDING HRIIIC�EWIREWAY GROUNDING DETAIL t----------------- 7 CABLE ENTRY GROUND BAR qgjkl� COAXIAL CABLE GROUNDING PLAN AT ANTENNA rSECTION AT CABLE ENTRY INTO SHELTER v entrex SUBMITEALS ,>_4 cingular T'T r,0: 1036.013 DUGNER: Am1m59 ENMEER: A.L.S. MA- 1.1t ARMEL 1713 281 TADPOLE LN. WHITE POST, VA 22663 GROUNDING ELEVATIONS AND SECTION E-3 LIGHTNING ARRESTOR MOUNTING SECTION V( IEWED FROM "'SIDE SHELTER) L V— ',J GROUND WIRE DIAGRAM o NON -DIRECTIONAL BONDING TO SHELTER INTERIOR HALO GROUND RING r� ANTENNA CABLE GROUND KIT DETAIL GROUND TEST WELL DETAIL LUG DETAIL ..' 1. ..' INTERIOR GROUNDING NOTES �F4 CONNECTION OF GROUND WIRES TO ANTENNA GROUND BAR GATE AND FENCE BONDING DETAIL C -TAP CONNECTION \f/ a entrex SUBMMALS Pcf N., aCSiGNrS: Ac. s. ARMEL V13 281 TADPOLE LN, WHITE POST, VA 22663 RTLE GROUNDING DETAILS AND SECTION -f! -ER E-4 i`t1r` ex oxE'fx xl� aassosss Fu: Izvxlaosa96t SUBMITTALS 1 cingular WFe PROwEV x0: 1086011 9ES14hP.: AOL So E—E[a: A.L.S. S[llE. mC #M; ARMEL 1713 281 TADPOLE LN. WHITE POST, VA 22663 BILL OF MATERIALS- ELECTRICAL SnEEI xuuB€�: E-5 C • C CONDITIONAL USE PERMIT #08-05 SHENANDOAH STORAGE CONNECTION w ffi r Staff Report for the planning Commission "w prepared: December 29, 2005 Staff Contact: Mark R. 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: 01/18/06 Pending Board of Supervisors: 02/08/06 Pending LOCATION: This subject property is located on Route 11 North, approximately 750 feet north from the intersection of Route 11 and Ebert Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-5 PROPERTY ZONING & PR-HvSENT' USE: ADJOINING PROPERTY ZONING & USE: North: MH -1 (Mobile Home Community) East: RA (Rural Areas) South: RP (Residential Performance) West: M-2 (Industrial General) PROPOSED USE: Off -Premise Business Sign REVIEW EVALUA T IONS: Zoned: RA (Rural Areas) District Land Use: Vacant Land Use: Residential Land Use: Vacant Land Use: Residential Land Use: Vacant �?irainia Dept. of Transportation: In accordance with the laws of the Commonwealth of Virginia, no private advertisement sign can be placed on the State's right-of-way. Prior to erection on private property, a permit may have to be applied for through our District Office in Staunton. You may do so by contacting Mr. Larry Curry at 540-332-9098. CUP #08-05, Shenandoah Storage Connection December 29, 2005 Page 2 Inspections Department: Sign shall comply with the Virginia Uniform Statewide Building Code and Section 312 use group U (Utility) of the International Building Code/2000. Plans submitted for permitting shall include structural and bolt information. Planning and Zoning: This proposed off -premises business sign will be non -illuminated; standing ten feet in height and sign face area of 56 feet. The sign will be located on property that is adjacent to Martinsburg Pike (Rt. 11). The property is located in the Sewer and Water Service Area (SWSA) and the Northeast Land Use Plan (NELUP) as indicated in the 2003 Comprehensive Policy Plan of Frederick County. NELUP encourages higher standards of development along the Martinsburg Pike corridor and protection of any Developmentally Sensitive Areas (DSA). The location of the property for this proposed sign is adjacent to a DSA as indicated in the 2003 Comprehensive Policy Plan of Frederick Coup . Frederick County has traditionally regulated the height, size, and number of signs on properties located in its rural areas, along highways, and adjacent to DSA's. Furthermore, the Frederick County Zoning Ordinance specifies when considering a CUP for an off - premises business sign, additional performance standards should be considered to promote orderly economic development. These performance standards are to ensure that residential properties, land use patterns, scenic areas, and properties of significant historic values are not negatively impacted. In addition, standards shall include: height and size limitations of signs, placement of signs along highway corridors, and illumination of signs to mitigate any negative impacts to adjoining properties and uses. Staff would note the subj ect property where this proposed CUP will be located may not be consistent with the goals of the Frederick County Comprehensive Policy Plan; specifically, land use goals identified and established by the Northeast Land Use Plan (NELUP). Careful consideration of this CUP may be warranted in maintaining the goals set forth of NELUP plan. STAFF CONCLUSIONS FOR THE 01/18/06 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Sign shall be properly maintained. 3. Sign shall be removed in six (6) months if any other signs are erected for the industrial park where this business is located. 4. The off -premises shall not exceed 10 ft in height. 5. Any expansion or modification shall require approval of a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. - r `44 1 C3 �l • q �tI {fir 1 CA r, 4 \r 137 i ?t Awl 1 b BUL ISLE r TIN�'--.'.Y43 A- 83? WW 1 � SERF r rr 'r ♦ 44 A 5 WILL RD 4 • `r +• { .•, 43. A 6A f1 (yy r r°'t.♦ � ' fff A_ `Y�} ,•y. -- ':� ,rte A;5@ 41 NE — ❑ _ le" A 5!hiKw4 `I"Crl ♦� Sd 1 A i ` 8�r'�! _ _ ;, � qty }�``-•... .� BE59imP �1�, 3 4l R 13i 10C'JTSH6S ENTERPR.SES` r A 41 \ ZL NFfMANENTER ri,SES A SH%f7( .Sf '. f . .� ♦,� a:' }AX1211.' Cf# ' • T�?'A5&4.. J IfR'E:Y.. * `- •-. _ til a CkARLES ZUCKERMAN&SON � 4i A�^17A r f rd ; j� €� �' 'SLAL'GH:F.R .44k -A 43 Map Features Zoning CUP # 08 - 05 Application /\/Bridges I�V Culverts LakeslPonds J B1 (Business, Neighborhood District) s MS (Medical Support District) Shenandoah � Das ^m (� B2 (Business, General District) + R4 (Residential, Planned Community District) + Streams rte/ Retaining Wails Buildings 83 (Business, Industrial Transition District) R5 (Residemal Recreational Community District) + EM . RoadCenterEEnes (Extractive Manufacturing Distnct) Q RA(RuralkeasDistrict) Storage Connection Tanks * HE (Higher Education District) 0 RP (Residents( Performance District) Parcels .-� Trails M1 (Industrial, Light District) li M2 (Industrial, General District) N MHi (Mobile Home Community (44 - A - 5 ) SWSA ♦ uDA s�L District) W E 0 125 250 500 S Feet 110 Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA (tl- r -1," 1. Applicant (The applicant if the owner other) NAME: jrP," f1yo 371 s(S i��n�s; L- Icy)Pond c�l'h 3,b � �Cnru ADDRESS: i "ilk J t f '1"\ i.-Oo c o V'! "0(-L/X 5y --r , ,VA 2, ct of TELEPHONE 5-io U U'-2- Ck f 0C) 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) 1 I nru se am to �^ - i�l'�- l � •'1 (. 4�:�'� 1�-lih�f-�- � � __ ��,�9�1itGll I- 4. The property has a road frontage of feet and a depth offeet and consists of acres. (Please be exact) 5. The property is owned by A :Q,Y, I-- as evidenced by deed from ,V, \,Jo , recorded J(previous owner) in deed book no. on page OV! -j , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification (I.D.)No. Magisterial District C Vyk41 i Current Zoning R fr, 7. Adjoining Property: USE ZONING NorthRes! c o"'I ki 'N1 —7�7S—kdQ fi ' East fkG"/ 1.t Axl1 M J South -i6id i:i :qk i West 11!,1:t i tv r tk 8. The type of use proposed is (consult with the Planning Dept. before completing) OR jQ JL 9. It is proposed that the following buildings will be constructed: i'VIC1,wiK C't( w( ',Onc') slate - 6'Y, 1JrvlL - 10)( 10 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (continue on back if necessary.) These people will be notified by mail of this application: NAME )Q,0Q[(i ADDRESS 226C( PROPERTY ID# 4H - %` E -51J S-rqycr)�Or), NAME ADDRESS �Jtb W X i tYJ' 1 C! _ PROPERTY IDI L4LJ- A NAME J iii Enjt,'(W�Sf (I ADDRESS L.I '% i PROPERTY INy� " - �3 RI C�C(LLN t � NAME C, RANAV � '4X AV q � - tit � DRESS PROPERTY ID# LAH- A- H t .l1S n NAME jLq� 6 Y l j f L,:V�- ADDRESS 'N55 PROPERTY ID# '1 L I " A 4 NAME LIJ�=V- ft1d kr ADDRESS PZ ��.f wih + 0 r PRO E TY ID# !4L -i- A - Ho ems, NAME � � Liy�� C� r�lt ADDRESS � I G' L PROPERTY ID# 'ALF ) - � SK P�� 11AME l �� 1 (Z . 1�31Sh ADDRESS '!m PROPERTY NAME ADDRESS k-) Box, 32- ILI PROPERTY TD# � � �� VA NAME PROPERTY ID# NAME PROPERTY ID,g NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# IMI � PROPERTY I `- PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. a 152 FA�, 690 PEN MSYLVAN1A nAlLnOAD 9 4=0 5 E 7 7.4a` 1+?" a � � Y 'A' F ery 0 V 0 360'243'!00' 0 5fl4' * . 4 �FEET �. � 9 N �4Qg,35 o SCALE IN fl' 6 �4 �C ti ®70.q �q e0 1Y � > S SLOGS- SILOO:n 12 11 - cry a I S O C� ,P13 ;MOUS O � t f, 'Y 4 lzt� 11! itl� t • K �� r ti- vo I %lipto Q2 �t� g• 0. , �47 , -14 � NMARD U. GOODE I R0. 412 I ¢ LAND Of 4 ho suss° 31 35G AC , x LOCATED ABOUT 3 MI LES NORTH OF WINCHESTER , AND SITUATF IN }, ¢ STONEWALL DISTRICT, FREDERICK COUNTY. VIRGINIA. `. ,s SURVEYED ,AUGUST 26.1975 11 12. Additional comments, if any: -ce- Off eawd I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address r Owners' Telephone No. c) TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.vams Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) (Phone). (Address) N ou-Ift Ri e . ► 1,,NjV ,011wg � n4 Q-740,; the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded is the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. IM i on Page 0� ?! , and is described as Parcel: Lot: Block: Section: i�q • do hereby make, constitute and appoint: (Name) j. CL �L ri o k_(4 (Phone) (Address) l-10 Jire,�, vt'�r!'� I ii�G�/'i�StC.�', A 2TQ G'3 To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: 1.; r f Rezoning (including proffers) -�y Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan E 9 My attorney-in-fact shall have the authority to offer proffered conditions and to make amen to previously appr ed proffered conditions except as follows: 5� S 6i nr ICES c Cs ,-a This authorization shall expire one year from the day it is' signed, or until it is oth' In witness thereof, I (we) have hereto set any ,(our) hand and seal this day of Signature(s) State of Virginia, City�C-omity of To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and bas acknowledged the same before, i in the jurisdiction aforesaid this "t�day of , 200 i ?`� �. l < N ?✓ "� My Commission Expires: NotaryPublic uoncrete Fo-.&er Design. Will Be Dug 2 Feet In Ground With Concrete Being A Level Surface Even With The Ground. C� • C� g d Founded in 1971 it\ GREENWAY 151 Windy Hill Lane Winchester, Virginia 22602 January 4, 2006 Frederick County Planning Department Attn: Susan Eddy 107 North Kent Street Winchester, VA 22601 RE: Continuance of Rezoning- ARplication RZ4 16-05 for Willow Run Dear Susan: The purpose of this letter is to request a continuance of the referenced rezoning application that is scheduled for the January 18, 2006 Planning Commission agenda. The property owners desire to have this rezoning application removed from the January 18, 2006 agenda and placed on the Planning Commission's February 15, 2006 agenda. Please advise me that this request is acceptable to the Planning Commission and also advise me of any additional information that you will need for the February 15, 2006 agenda. Than.l< you for your assistance regarding this matter. Sincerely, Evan Wjitt, AICP Greenway Engineering Cc: Willow Run Group Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com