PC 08-04-04 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
August 4, 2004
7:00 P.M. CALL TO ORDER TAB
1) July 7, 2004 Minutes...................................................(A)
2) Committee Reports ................................................ (no tab)
3) Citizen Comments ................................................. (no tab)
PUBLIC HEARING
4) Conditional Use Permit #14-04 of Cingular Wireless - Shenandoah University, for a
commercial telecommunications facility. This property is located at 1122 Ralph Shockey
Drive and is identified with Property Identification Number 64-A-110 in the Shawnee
Magisterial District.
Mr. Cheran ........................................................... (B)
5) Conditional Use Permit #15-04 of Cingular Wireless - John Marker, for a commercial
telecommunications facility. This property is located at 3035 Cedar Creek Grade and is
identified with Property Identification Number 61-A-117 in the Back Creek Magisterial
District.
Mr. Cheran ...........................................................(C)
6) Conditional Use Permit #16-04 of Soon H. Kang, to re-establish a legally, non -conforming
use. The property is located at 623 Front Royal Pike (Route 522) and is identified with
Property Identification Number 64B -A-87 in the Shawnee Magisterial District.
Mr. Cheran ...........................................................(D)
7) Ordinance Amendment - Types of uses in the B2 Zoning District. Appropriateness of
current uses by Standard Industrial Classification Code (SIC).
Mr. Cheran ........................................................... (E)
8) Ordinance Amendment - Subdivision Ordinance, Section 144-17L. Clarification of
requirements concerning curb and gutter construction.
Mr. Cheran .......................................................... (F)
9) Other
C�
M.EETING MtNILITES
OF TUE
FREDERICK ( M 5107 PLMMING COMMISSION
Held in V l3 •r3 R,-*rii of the Fmdcrict, County Admiw-tj,�:t�on Bijilding at 107 Nloiih Kent Strut in
Win clhcstcr, V,;rgirnia on JulL- 7, 20(4
PRESEN'T: ;':F� S. VJ Jr- la;i-'s x,,,:all Msz.ric!, Ro,-,,er L as,, VIC,:(11--iman,
Opcopion Distvi,:t: Circ,,L U.n,=p-rBac,, Cr—k District, Pat Gixhcnour. Rod Bud Disirct, F:obl rt A. Morris,
Sbxawncc LN strict: I Kr:.-. Gi�'iw,%bc-io Di;,�trct, Maj; F. Rcd 133.id Di,,.tru:t- NVilliamn C.
ltosciibtvrr�- Shavm��,,�: CKITL:•s E. Urim (hinc,br)ro Disirxtand Crt,; E Citric-nat UlQic,
Galy Dow F0100tsuproxxv Ljown; 13mbWaWn Mot Wndof Supcnisom'LiNwn; and Lanrencac
R� Annbr,,)�t-J, Coun&cl.
ABSENT: Richl rd (:. Ours, Opcquort ED.,- rka� john H Lizoirit, Stonc�xalll District and Cor"C"' NXalt7
Bhxl� cleck
STAFF PRESENT: Eric R_ La',vrcncc- Planning Dirc,-Ior, Chnsiop-im7r Nt MVtm, Dcputy Pjanmi.,,g
Vtr�-,o F. C.,,anm)), Flamer 11, Mark R fah mmi, Plamwr 1. and Rcri-ce S. A.rkivz, Clerk,
Chaj-'rn.tat L1, Havk:n !bL: order ai 7 p !'z
JUk"T IN, G. A- I, 34
1,11pon mi-cl!'on 1-11,1& "), Kr).,z and secow-lodby Ccriniissiorv;rFishcr', tht'-, Tyliflut".'s
of May i 9, 2004 v-cr,� 3pprovoi as pprc�-rlte,(I
-2-
C1PQRTTFfjkrQaRTS_
-4
±,,,°t Review %_,jijLc(,z-.isikitteejP�RRSj - OW200
Ungc.r repefted 'hat ore If the tcpics iff dwct�sFion fbr :Itc, DRRS 'vas tb,�
Nl,. aical S'..ppi:wt District aj%L in particular, ti" ck fle::ts and ap_arnn'�nt4 vvithin that dliEtnct were
A!-,,) srtt=ks for lots in thc rara!nes.
to Inc J:,AJ if that sho-uld is insrJ_-�j;:j aroz�s of thv Coanty or acwss th,- bcvard.
Wj§ Y&PAyn . JhAy 12&t"2114
rrj; cd tb;("C'nunissic,,j of the
a with the Bc,.rd c&
4 = orate v0scows the
PUBLICLUE RINC
(%WnA the Perrait 412-34 of Leda J. WHAvcn- P)rChi, kmCr(,'.A la,_-IJ,:or Recn_xtit?n. Thvpyoptrty.
which is �oned RA (Rjr_vd Are_aO, is at 159 Nrth Rwati (Route 6(*kl) z'ad is is exit -fed
wilb Froperly Jdertif:c.fwion Nuinber 9 -A -2G 51 0e C.-,iirasboro Nlagii;tcrial Maria.
f roWW;qriCo%UTa1.
k said the applicant is pTiq -1 x
a
r d rd a
0j 1 5�11.j par!" fie Ad dx W;�n 0 t 'r 72; or to cowl xi.;.
I; am Saw Wan, me to cry nwt
( !�t i�n , Id dj
41 0 con j j nwd 1: Mad v1poon 00, and it C"KA Mi nud! poops d*r.'_-)'.no!c
npo-�':j and C l a luati-an cS J -w
H; krywr JYJ it 1 11"d an to Kn�& naw Cf Me P.
r7own. it ap;4awa On -a 1':.4d M Kato on) cant r,!jjb;, z!,Jj",jnijig Plan'u:x
aq a Est 0j UZ zvj,ndwj co7AIRYL AM W Flanning Urrvission. 1pproval c
tdilional uso ptr-r;>t.
bon;w—wrak
A I arK, Iv- V; z Q r Li ;.. s. Cm.rTQmwr
w0ups. Pjjn4r CU.M I n Wd VA W :On, and 0MA Sits ani a 11-nght use under thu Fbk
Anw, Man and OIL WAT"AaS
as J nQ Page 1331
-3-
15-cuiIonacri p,,:r da-vi-imit. Illm-.a Chran :.,�plai a,--l',hat
I?Ot
vincr. Nis. LAW. Mian w wasf--ola
ib,: rwinm.-Jzd by tll)c
Ci -;,i i -man DHw �n ca!hA � ic coui-i%:as and tl,-- f'i_Aoviinr�t, p,. nvi.--, a: to
t;•,"' k"
N,lr Sni;th sa,d that las lbler is an ar j-jc;.in,i;.i f NlrSr.nth vv , socking
on Ala! OPS tflMOM nas guy, to 000 KS j wi:-d v- �o,iul,-,* b': aft,,r-bours- cpwragut,
WligMs YvAd W� �Ind \�Whlr it WO X&O PW WS � ' SLIWOK
Nis. MALM
Mrs. Dc+,'j%L:i -.I.urnr.�d w, th;,
Sho Sr2'd ..,jll d'he Lr:; --al.-JI .µ .1 7 i.W as is:. &,!,i,�
dc'n'' hat YHI wA be a,, unQ an! mt. N W, 3J t°, w , �J ew QNQ ON ul R Am d6ng
shc sliL t
bc
1,,.=7%:.�S OT -;),��Jlt; Caid t!:, -T- V, z,11 T, u-7'ilal a F.�r.:
not ;pot c .-ny sqpificamt ,,n
Up.cm motion mudv by Commikew KS and sccc.rxlctd lby Couvnuisioivr
BE IT RESOLVED- -Ma, tho Coumt`;, Plannin,s Carimblon W her, -,by w"ammo-k!-'�
approvad c& C,,�,�nnditional IS WOU412-04 of U-Jal DcHaven for Cmunexcial 150
N'zinh ljaficlld 1,1.ozJ- ,Ro4ic .)'.c AlAwmg cmdomm:
Ai! —J 44---all1 b�- at al
A,,k-quzi.tiparkiag amas kwpamn,; zili;-Ji !,�--provickd prhr to Quanw: of a Munis he m,
3, No nwTe thn15 aflovv(A
4 Any r
butsincss sigpn shall. cnnforai v.-) ccotv�g,;� siga r-quircnionts and shMI not
fibur-3quurclf'�,-t Ji
Any cxpwWmz or WMaWn ,hal of a c}ti ditic)"'ll use perinit.
14,9 NIUMw of My 7 T . 4 ivo M2
-niompson for Pet Boarding Facility with Grooming.
0;-IdAi'�tnal t e Permit '413-04 of Coy and Nlarion
The rxperty, toned RAL (Rural Areas) is located at 213 Sir Johns Read (Route 667) and is iWified
u% Preperty Iden5fication Numlicr 34-3-B in the Stonew-411 Nlkp
,isteri -a District.
Aaion - v,;"i Condifions
Plamici'Mark R. Chcran i;:;x-rtcd tha Lie pr;lpus-.A ill c-zz-r on 5,1-O acrc-, ef!and 'kvith
more than 50 fot from the pnqxwW um HO LXrOaMaj that die proposed
buildir`� rvill house 11 peygrwning an eM-ceand a cattery. Ne said th;rc v, i'l be 4�-( uidoor!outdoor
kenwls-,vithruns. Plat! --,er Ct,,:.mi _ a+ th th-;,e er--plo,, was arz auddrOtMA, vl;o do ; jt reside 011 tile
p:rcrnisos,
ihA: sit;: plan wil'i inclu& a Si`.-f(vt to orOosc Ji.L runs. lli: addol thzit t1he
prop,osed, -tisc shafl be in c, -m
w1h SeMwi 16541 tuft (,",,ilunty Z!:wi ni-, 0r:,5nan,-.,,v
cvaflwni andsx.,-,ring &:igs- In conciuslon, llawS -r C.r-o.-rin, v,d a li,:,, shfould the
CfXII.'I-iS;;M,q %7Cki!Vs.icnd appi-cval of the ciodkio%d vis,'. 11.--mit
Cowirnissior.c.,s ha -d &is NNou!d be secumod iudRxon�, voihin
� x 1 w; %. r A a ,
an cnelosed sinictanc at idgla; if th, (.i,,+d.-x,,r runs Nwali be opzqix orscret-n; 111-ve 1 anf of opcrata iii. tiMic
1-w-mAs f, di b,,-Yardirla lid "Nh'--ther W. aipplicant 1---i :A Hczlih Dp:Lr!rncat zpproval-
-,,an TooppLawYowror. said t1whey
ynid wirlhpria-� Qvw:: Jw; M r. ....%`.,; Mai: a rjo ;L.:I
MO. Twomy. I " aii K 0 ws 101 bc a3; .1 0.- L a
00 P ni
IT-,- *Phonlpson sw-�A that
C'. -I"I rA 11, dall ChHh" flnviouj,,� '0
aawy,:J i.�,r -a ail of O)c r'.Nwren-,'lits
tb,at rn-ay be wccssary,
speak.
Oiairnian DolLawn c3llcd pubh'� C�()C'I-t!-"�"nt" '1.nd folkwan per co fonvardto
%Ilnz. Filvi cowvvor, stitcd that shc xid hcor husbarid had no
(19, 1: 1 ;a I W4, 0
"illi M- 1r
1honipson s reij;hbors and all of
.:-flim, 2t i".
' *..] ` '-i --,
Wn v. �r
w TQ to hmakig 48 dyp oo
rnwtit , Qwnwl
13:10ca vn-.J-.hal !�'-v,%' C'. ilwnicd
A'Ath:
:I 'f -o1-n-any animils ConfinLd
l—I ON 2aw" and 1 cl
_;tn Wvr ry 7,
CoMMissi'741,J hl,'105�
11 d,2 py
"I Ty c f Ks n:-,,,1 on t' O Q, Vol I be
it u-A-.-oulld probably only oi,'Ur
Upon -n !r.%i&b) t~ 17 (IwK,Yw:YJ _,.%,otidod by-straulb,
BF JT
PFSOUVID, ITS hy a QW, x'1.1..
F-An:,
QYWY PIM--Ii-t
rvvwn4-A
W2
00 Pon A
- 0 -4 -in
0.% i U 01 F�Z�O: I f T a ;,t
Evah NUIMP not jw; Page 1.333
.5-
Aii reviewac,;cncy xd n:41wrernents �hall tic �oinpkd, 1,vith at .311 times,
An enggi-�ccred sitc plan v,!th all iniprovemetas s!L-,Il tv�; q-pi-ovcd by Frt&rick Cc:�pity prier to the
op"cration of1his jkzaln�I'
H. -,ears of oper--a.tion shall bc firoin a.m. to 9.C10 p.m . daily.
4. All -&Ls 4,:,1] be .-+�vrtd indoors fro . -a 4J)O p in. to T010 am.
5� No brwdingg of de q or cats shall be ptrmit-t;,-,J with this u!;c.
Nle vcmrinany offfio.shall be to opuat.- with this- use.
7. On oa;� noti-Olurninaled busin;;i-z; not ffie f6a in h.htfhmn its base nor exc'cediiigg
fi-, in arca, sindl be
A nixd-nnrn of 4"'r dogs ailowod on sitc
9- Any c%,
p3n5j,:�-n or nncujif lc'ation of ihis usi; Sliall roquire appro-.,� 1 of a mw C�onditi,).nal U -"C pennit.
ThC vaik'� was as folio -I), -g:
SiTOAFI;R VEI: Ro,3,cnb�Lrry, Triplett- K6.:
DMa-"c!)
(Picaise notc- Cor-iinissiontrs Ojrs�. Wam and 1.-J',t abscrit Immil the rncf'Jim�'.)
Rezu"ing lynx -CO, 44Outbitck iNeNiauron, W. MOW 11, Patton, lbirris &- Rust Associstc!i, Ire.. to
Lcrcs from F12 (Gencral Busiiie s,)DMrkttoB2 (GenerviBminess) v6th IA Omevstate.kr a)
This prnpvrt)
::,t tixc soobwest comer of Raw 839 Pad VaHey 15LP (M-jutc 11 Si in Kern!ar,'�vn, souih -A'
Wole 37, and is with Property Ideraification N-oTn!-.er 75A -.6 -B -41B in the IfIxzk Cret'k
Act'�an - Recoiruraondcd. Api,,,:wad with G-',,nditiolns
Cha imnom D-J!aN,:n,-,aid ,'h;ot hc v-,�,owld abstain, n op ng
, o this rex i _,
due of naomst, and W t1,,v-nW t1ho chair -rig, ofthe Til cc.tisg ovcrto Vice Cl" airinxn 11tomas
Flarni,r ?N-11,-jk R, Oman ]r:.« all to: the numu,-ant i�-,c on ibis prop-crty jualifikt& f 0 -he I.A
Al"verDnk:'1o!FnCy n—! OLly_ta�;sct in Scction 165-12,„dkaZnOdinani;.e-,
Fhmwr C ham that thijrrc!pes-.%j xvill be 63 ftet h0h 4 aha 100 ymm-FIx)t �acc, and is prvpo�cd
Freden,-k %`.'outily Maimin 0 Ssion
,g C
ET' R Mutes of ivy 7, 2004 fn:: 1M,
-6 -
to 1„''a: t xwed at trho . {2 Es. Ii ..t c rI•,cr of the 1i_`'.,: c;A, K; rtot.ed, t: iT«S .x, ti -i, -t a '.+IL`,+"# £3t this height is Ilit
s»Csnsi'vient - jt •; tu3T.: cc -rill' 7r c?aS. #r i pclli' SY ofth-, R.cutt 11 St,iuth Corridor a.`j.t Lanl 1 .,, R icy. 1 --Vlach calls
lbr h ut ng, signs alvg th-,; c3rri J_'r,
pcn,24 .1. kyr I .E., }`:'ith P: zon, Harris & Rust A/t-.., ic-'siatcs. Inc. Nvas prt. W
L3If..'-. _Mr..�!iiti?1''Sl. StitCd tl.:: OLtbick Re- tiiurant. Inc_ is
-634bili y from l-81. f k bcliei�od' ham: prr pc—tt' uaOifizd for
x w IA MaLy &Ar+,. _ 1 .. i " Wd ..,.;t Lot Ow p,IiTe .S' a��`:i :S st'c1�..' s Vili,- Pik(i"it,
fitcilay Disuict..as v oR as anmh;,:r prop=_rte° jaA to the nortli on Vallcy Pike, 11- said t*nat both of ffiSe
prro ,:rtlt's could cn:it talk -r Siga?s by-rigllt. kvil7lhout appi'c'mig C,, ffbnZ the C(:+ uiv.`sioa. �} l id'dl'iion,y r.
N li'sla',vvsAZ'said tit&._c an t �ti.t'.It ��-;'iv: t.:i�l 'r,S:*.k :eti. ai igmtr s .ci:r;3 11 of thissite, �-vitt �'allcy Pil•_i'. (Rt. 1 1). .l"k'-1
S- '
'!-at ,his "'Jil not t?�c awn arty=trusi'i"s'.:`?�,: i. .w
ccall.:i,_.,ion. of sigp from h,; i 1t.:!rstatc using, :lit: Countyt s
Cturr;:.nt B2 rte, Mations, ;Sit=ch p ; rntits sig.as to l '. 35 a",. i : a 150 s?1»',wr::-fx't 'ac:. c('+9 ?.as -Sl n is
0 0 4 0f scop n:iait that lravcliogsolltbca 1-81. a 35-PxA-high sign would rick Pass visibx. a ,d tray; ling i Orth.
;' 1t a•, ."l pa l•::x1715 t}`. ondy al .'.F ;.,?!': of viesi: iLt of JS-fZ-) ( . ii, Th --_t :�i`i�v4J that 64 ts,.':t 'Safi ?iic,`'4, but
}
did no h 3 ,:1c a .'�-ttd:t high4:,_.11 Nvoo.:ld bi: vi"a i; Fv-) 33 1-9l. cit. cr ivor-t l or soath. for an?
p':`°Y qr"''t';wJ It 'i':. 1:' '7:` t�'pt'£'t ix?;po`:.,:a-i!t t"..;.4' -'_.:°i 1 --til a.l'd SI'': tl?:2t old l=lrs�'lC ftxt. N -t
:i ; �-tat.`I 4 ''t. _'1lI' °41.'::;1+ •ii1�4' �?.:iltf+:11.:•i.� tt? �.t. ✓7 i T'iv��;t: i} :it f;(1;,'$ 3�ri�;�.$ 1-� 1. �C t7-: ; . g'IY? t�L t{3; .. i;�'
_.,t ; {,I I€r.c C?II i'': .t 1'Er ill('.*t:i#"a iL ? l<� pt W' ia11bllc:ck a t - -i' fo -tion 0j .`sits•. A .i li=i:.-idcr d, 1�'a5
r � �
_,: t c ._.. Q now %vwlddmtifrhc r.. _s rant yid uk't mi: canyi , ,nor:_ .:, f ��'�Trs._ .1.�°�x':y�;a 1vtxild not bc
1;:.i:?"i'ti.:.1 tt"� i% �1i.wC:'•+;1 4^:i wiai# 4`i tlnt t'Ir '?�� l,at�I`�i::L lt.it(t .5�;?'si.
C.. r Wi r _._ :. J 7 . : i vf IS ..?>port..n':t Ct tlY °rill ss `ra !,mg on a ti i^ th-
z?iti _` #i t It t1 is r+'.'•t ' 1 ,i:i it a t *? ..y i1 i� .:r �
t'': '.. t .. >i:��, + � 1 .. t �.1 `'!'-..;attic aat 4lgp ^1�`�e
Tf�+ ilo sonv 15 .. ,r ra t`: ...... .:l tibs ti i i.. 4 +i1me, ot,la';.rs t: -,)n sid ra J the
"-'•'?+«fi {`'i p+e'+ r }-•.r t .,., t ...' t...;.. , t i - t ,t'"i'`� -y ,. •„•tx•ti
i1�. `
r ' -
;7,.,,)tr. ! .,_ ..:.; int .. _i.+,,rt.#.1:#�•.... r:v".1., .,..a ..-.. 1>:' ., 1- l� ,-- t't T.> xix - i.
I.:17. .at '�i `- ., "+t...':1 '.nnk via F! 't��il E. ..-
T 1 moot li" i.i� .,'i-.+ t � .", 1.:.'t � "i _ 1 t�:.r.^r't' :qnn
'4',_1i, ;ar.?„11i r.ti;.it%1?c:.;lla3sT
q rx�, / Y ) ,1'i'?o Pimung g �:,I_.l i�X't 7::.`_,.-1 C�:.;.t oiategnas?tin, 11% +::p F+it':x! t".. r I�. °.:i'_!�:: �.t ti) t`_-,-%'itld.:'�.1" n �tlic
iA 0,.cilaS f ..,T�yf ,'-t'%t„yd..”+.. _fit 1. -.,. _t .�... ..1�ri t:Z T� fi..i .. i:.l'4: �r il. '�"�:.., ii F'i .:�.i z,2,.. anj �}f;Tigllt�-'k.?;..�!.t
ild be 63 .i.:t . t�}1 ','. u:ll a _ ' .iqi ..... xA jug::: l t od�iit. ,1.1''1.. . yr t"` 1 xqC rte 1`:.'. 1. t dk IA V1
District, did mot n g;tr O::.+1, k...":t 4 l";1;tY IO _,a..lu T Sv': t 1tt,;10"111, -1
inthe, B2 l :il cy D:Mri::•t, i_1 ti�a �.{dl•. �' to El'_� r:.'if� r ° yr:{ .. i '1; l t;� h : 1_x {�'S'' rl.il 1r
Di riot_ 1 ' sr oin Staff
'ta c t.31c9,.t tit _ :a -,;',! 4vtt aAd t'<. to +. r :.Lt > t -e
Nir, `Stmt, i,zIS <ti":s`.ili d dw QI' v ;. Sc+; n Ot A "ns the ,. _. .t to (:3C'i:•t tl'Ee, Ri�.2it
,.e.!aTi t "S•l:,,C... "1 Pa l::ir h;. .j _.<:t if ' M t,1�4-.%°'I, VQ; Cet
:,`-. I %;, =t, . t
lt;tt t'#`.:y:,: t tl1?:,'�'l.�' .� i �fi.ait r".4aS" p' . : :i ,a4§ _ 't a t`. -''� _ 1 t b.._P° r� it
V;;�i db chit: 3t':.1Ili.+_:intt- On Amoyu6% Alby Mr
" Mjah '.tis C+:,Iiv' 17t..7.". t l �T. > � S �'Sflar of S�'a� of i'.
We Cl.,3 i+liw i`e S x a vv?rd to smak,
7 t
-7 -
Upon motion =-dde by Co-mm)ssioncr Ung;x w -.d sccon&A by Cozmnissioncr FiOh�.-r.
BE IT RESOLVED, 'ri-,,at t -.j, a %ote, thFrc&riclk Coumt-
y Flanniog Comk!aiss'icu do,;,,.- 11,mby
of Wback Roswuram. Pio. A-ioLd by Patton, Harris. & Fust
Inc., to rczc'mo 2.0=; -es �h-om 132 (Gvicral I33: tract to 13.211 cncral 13 isincss) mklk wq IA.
Ou%�rcliapf;;�,krca) Overlay District to accommo&w an IA Cwrlayzo:,,, sign for a proposed restaurant
T1%; vow ,vas z—,s fbilov.,s:
ac
LN" 0: Clochmov'!r. 11M. Rom"OuTy
AUTAM Ewhlxwl
f
INUt, Ught, 'a and 0,1!-- -.- :i';
Stemaing MOW of Dmid A. and L,7ida W. Hicks. suhn-itted by Gree n-Aay Enginevrin'g, Inc_ to re nme
.i95 ecru from Ou- RA (Raral Ar,.,�v) Wtbd to B2 Olusiriess General) District. The subject acreage is
foc.'=tinj W"t In4d njjaceut to Ncrth Fi tzlcrkk Pilic (Rt. 522N) and north, and adjarvnt to Burpt Church
Road (Rt. 67F), ind isideotified 1-;� P.I.N. 42-A-81 in the G.iiae,boro District.
plahner Mark W ('!-;:rxn Mat the C N5-%cr, i-al—I i� !"":e" -d in tLv -Albin I.Rural
N�'Jth 6C nQCQYj jQCies; �,'-y t!rJ cor-am--imV..
tlicnvvvrcno i-,,ts or Opkinnt .:s rusal by nov Whe reg, ily agncvs. liepated
that the pal al is �_ t'-zhc S"A'S'A anj M',.*'r SAWAYoL bLd hs- rodmi 10%
W!"mum ki a PS -000 Yommin QStan Via W boi !,o aljokN tLw di-'ciizrt'J!o b,':
im"i
jAw Lmd uso un&;O� mannal &-Jjv.d4. In& stc�m&,. frid o
C07
Wq Emi A J#u UL. :Yo dlk"f'-.'
ALU I KN rOW1 the rum! worummyconv& faMun v: jnl�mhs PNvoy Pon wyl or mTnr!no'T'-;al
and AUr R"a: C f';-"-' bJi'.N;'d III --
A raw it! Q Wv un) ulma tag Mady loon WOUNhal W ilks
U%r'n t7al YY 0
P.Q—mg W Y; z%! OvC '4r. tl;:, d
d ' .h,
F; T—�J W:,'!) In
-j . 310 URKaal
c, iciiiatim, t
for similar sitts, vvin"CIII, resuft.,A -,) thczrou-nt &si4:wtcd vval,;'n the He
said :h`it Da-, I -d I-Gcks, th-c cniicr, bclic;wd that a S I f #r,.RI, -.-cue N%mild N` ir,)r,-
appropria-it: IntInts cas e.. He not -,�d that Nfir. Hicks A r, to t -,.Ac tlaaa 0 nc I in 'Np,,oP '-r
be"ore the r,-zon;q, is co.oslkn�d by th-- Board f,-&
Cc.n"Ass;oncr Ux-111c'no-ur. vv'ho -xas a rla t lkJtf (-,f tiv-- Historic R-.Ariurows Advi,&iry Board
JARAB). that prl-stimriaral ari�js -M Frct-duick- County. as the Albin Rural Commwility Ccal,,'r.
Shi,auld b'L: rr,�scrvc%d a;,,d poss.bly vl,:v-,�:d as potcutial Estozic districts. SM. siid that nhi.jough Ov wo
nil)
cturci, onthc propqxty N,. -r,- not histrD rically sig.-nificant oa &�,Jr c�vn. mc., ;--rs(ift.huHRABY,-,c,-lb-n-zc.dthat
f t dist et as a Nil - o%- collc-Oon,
be All,'n Rur4l Commut,.1tv Cc-nz.r c,-�uld pottmAiadl% e, dlii�ibllc as a r! I
(-,:ut -Ohzit t,,-- finjif«,j usos f the pioj-Yrtv listcd the
-'pplican
I. nt's p--offcr vvas thi. popcit\ f"bu- mzoning, Thi�y did not bdicxc
LAM t,f dx-, ulzi:��-- v jId b- ii•i\'i: to tf%., --n.--, oArthe Commission vwmte.rs !)JIL 'vcl
thli c,. -niwnlitv !A th�
l)JI..-,\-n called for ptiblic .,env' ad to SPU"ZIA'.
COnip Bio n
It, S� cu.
F,F 1T RL----,OL,VED, That bN a vl, OWI i ote. tLe Frcdcrick- C-,,urity Fix-rd-i1q, 0)-mrnission do -s lwrA%-
of -,-0-04 of DuNid A. ---.-)d LF'Ja W. Hidv-,-,sub"niaCd by Gr-I-I-nvav
-c, t.) rcxoqt• 35 act, -'s r-om the RA (Rur-a! Ari��s) D'Ot14--t to B2 (Businucss Disllnc'
tj)(" �J!j "r
irk vv -ns as
ITSCISO .APPROVLE1.
% 0. Gae'bcnour
T Dz-,YJeqpmwA Plan 4,03-P,'T J 11w. Townes At Nlcsbl� sLkb,-iitttd by VViNiam 11. Cur,
�,vci.--.f -v. I iic, fw 13 to -vi nhjCS ()jI t -A o-_-4fj(j-.j-lj$jf .4,crk--, of Landnej . zoBP i .es=c3 nti: I
1,300 fcet east of the
W'str;d he property i-- fouited on the rorth v, le of *1 R,,,wd Wt. 642},
'late vzec tion vf*l'�L-..IerP,(iiida-.idAvl(ir Pc?J,;,.ndis identifiedwith P.I.N. -/5'kI-2-B-,8A in the Shownev
Alr-iAcrial District.
, ,.M
cf I%-, bot AciL,:�
P�., 411s'�I-Ster
-9-
Plawl,-T Jcnc-nly F. Camp mood tat Sw applicart Was i :.,ja,:stcd a wain, r fro: -i the Marmipg,
conviussic"r, w, Mlo,,v th;� c-n-tra-wc of the d1cive-ho17":,nt to ti�� tbe north CfTac4-.,-,r Road (Rt.
1421. rather thx-, aligning iv -,Ti Spanish OzY, Road, as it-quin.,d by the Ztning Ordinance. W said that prior
to jdo-ni.mvstratiN ": approval, it n -ay e aappr-jprsma for *;0 inLT,�SZ tbe v6d-th oftlbzproposd bike
t r -'-� to 10 f and ciarifv 11.'at th', trail �Yvill b%-, P�av;�-J Phanner Cz;-rp t!tat thw bikc trail be mn;vod
in -to !1--,c in-avive porltincn"--f th�., road etlicicnc� Iniff.:r, insL:ad cf in 1 VDOT right -cif -,.,ay In addition,
Plann.r Cain Laid that minor charges to clarjf�, tb,. details (if ti,, rap_ �:A tcrtcninqg =d landscaping shall
1xv rcquircd prior w apprc.-val
Mr. CL -As Bader %-.-i;hW-illiawn if. Gordon As.xwiat;.�s. Inc . th�� dcsip- crig—, -rsrtptv,,,:nting
on of 0, ontins. Brian Martin of AAM BaUdem ;,z:d dot MY, IS Wyn phne of Oic pnyvt Any
5'7�U'O-t '0 !;*--ii -up the wran', IS& Spanish OA -k. but yut utuid not inalke the pro_j;ect A\ ork. Tl,,c� to
r--nw. c t.. t L -ti UWe aS kir t..) the %--ast as pass;Ule, av,-a� from th�: Spi-mish, Oalt cwt:ance al -id, at tbis kic-aii oa. it
m�xn�s th'-, Ci--."Lrapcc sjpac�ng In Mr. Bj&r said M WA no pro blons Wh nmvhg dth%-:
bicyc1c, trail into thy„ tnactii%.- portion rjfih�; bufl'�:r ;),:r ffie aaff-s regunst. He pr�:fcrrccd, lho\t;ncr, riot to
ince. •I` the Tviddth c 1 hkwk W', !%i nowd th!*, witiv�-&F,Cdihiin,t:. ,dn,-k
Dit- Nan. N;,-,,��-Jh.,Icsi, he said thn; dw KIM to wphah fit f-afl Vr furthar a, -
y�: q&J
ON Ow fire Qnamvit �as ..:F-vic-,vod,-,ild appiv,,--d lh- plain,
Cha-irrvi.-n Del-laven c,ill. i for public wn-lrnl;n'ts awd the ficiflovving persons c;.n-iQ fonvard to
s, -p oak -
IN. Doh' o Dobbs. an ajohn; id 1226
;'P<K(A to to I A U"i at this locatik. I ht-' t-' -C
SmyMnady Vnio nod C; Nor Go 1wUnns Wd ba b"tnv v W; iarapp: .i -r M,,bi-xi said IN
St -,::1 SO POWSW to Aw,,ni LM 5,4v was Wd that1h: nJ2. wg --Cn�s vxu!dret 1%,
fo -s o * I ,
, t�, 's a Fun! nn�:n nrdkxto, . I ic,�
be Y,"d,h.., . In nall", -i. D -;aid tl�,-- of plic,—t'v rr ji oil " oyd be knawd ardy a
b4s'n ACV, Wn )-:r r
Mr. Rodr-1 W. 13valcr.aidtioinin4
214 Qaz 2, X a 1 Mid . swinussm"S
i c' lrti i-,: jb- �u t n j Ah, v h aDd A A =2 o i sms Mr U - I r so i d , NQ VD01 -,i dTy rx-ind f� r r9 �-v - for
W4 r P.nd an 110 Va y Unw, to pool t:... � -J, :'cro:N'Lr. C'11.rch
Mr. SUrvarto J w; r,nv if zo py, kv ry ha, bU�jpo
tho P, :' wiandATto winow adW Q Nauhna Qy,j,:,rj llov > ,;1>"l i.> ,i .1 out 4
heiF*�"t'],1i'---nit. it, nid the -35 f�_ot
hykn j" cc now: A. talks acn-,:- V�-T, 10,xv %.._- la C 4 ri an no W 2 4% n. AT POwr sn: J On --
.2,
NO AM 1480w. Mjvinwa j"op ity YvK i oa L, 1 5, &,-, Wd conw os Wd the SIM of
Mr MovisbrigiSdans.
Mr 1% 11-1i Aul J - (W 1 ,. 01. 00 i a a W t v, rt 3' o v vxr at 12? 1 A 1, a J"n a Cl u mh M I is
a I S f op'rK x'ic d i !, . " I 1 1) t,I I CV" s ':ill.. c":-! ! 0 Q; h I r. t l':':7said d t! at 1°.114°r1 t 1 -ji I t I d t
�7,qLj-, 4 - , - his i * !'
pul v3vic bcb,:t, t* 1:
to :!l a h v v rig j n , Y� I 1"t i t.�(d- iisc t1 ' „mcnt. N1 r ("le" PC") 0 wxS C i It
njk'
�
it -k County P1, i �-,n i i i i7 -.'-j
MAUMS (I no, 7, 1� 0, Page 135-s
-10 -
Mr. Bra-dFri zicr, pn=p.,-ty Lot 3 titMosbyStution. Vas
fl.is lwation. with his HeAv--
ccmc�:M.,-d tile tovllhollses v.ould turn into rc:nt4l unit4 and bring pirop,-rtvvalucs do-,�Ti.
Mrs St, )hanie Frazicr. prorwrty at Lot 3 of Mosby Station, -.vas also opposW to
at this lozation klis Fiazicr herhowd, lu:r Chia its of lifi-, Nvould by negativel� inpacted by
tr,,ivnh.,-�use� c -n 1x-. adjoini-;,ig. --
Nlr. Bader rourned to tht, podiuni to address somw of tlic issucs raised b) the citizcns who
sp as the o
P,�,prding the drainagL issues. Mr. Bader said that he vas a�N a- I I e Public W1 rks
thLit the existing drainagc, wale s�:stern h -as pi-obl� uis, He .aiid dh,.,A� in order for his prcliect to r-oN L-
providi-, iAory vv:,,tcrinavawetncWvn r,n-offis notpro-joced, hi,::aid
:41 st�)n-.i N� atur rawagornoit Mr- Badlzr his intcnfi,.%-n to
woot Qnwy urdinanez ruqWronants &Y tho N zg�tzativ-;.-buffo ahoy Us nor of On ;wperqn Un said that v,bcn
do pht "as recor&d for th,: 7-3 hou in he e rcar. a bad a ;harcd h6 f-rcr v* if, i it Hic -,4tid i hat lk
on) y rcason for vecordin,,,-, a busy 11 A ant i 6pa"; C-,) i;} fi.tai. j " -.:1 .::fit.
Tl,,,,, Plnn:-kirqt Co=rdv.vii roquowl C165cminn an to �:IiNcr reiJUCS1. Var-ninz DWID.-
Eric JR. InvaTence stand that Insed on A: 3" T: C.�-I-iy zonkg orllnanc- INIr. Baler 's a is
Ix,th an " �
, cntrano,� --nd a- dri-, Lvvax, tia% f 4q he MAI to ohtain the �:wqltic�-it b�--austt Inc i.s pro�,%—--ig a
pr;,%vte acz:,ss offa V110T vo,-id,
ComnoNan nwkws hnd concenis about ih,: ef touslow"s A WS lowton!
'i� ,, -nI -v � -,ii -L 1)— --, - ! �x - a
�,T�n -r� -t-, -, --rea. 'Flu, alw0mid :, - --r;F �jt t! � �ati ,-
& • pnjokd .-.� C:, : I con -,I; i,, -t -%r_ ',!121 F!1'1!CiLnt
,,I,,a A o j �"alwd b; th, .Ir jk= Q A. the JuLt'NIF"lle I a -,J t,,, traiTic that
It
vas wC 00wa. FMC Coftlaij.--sion-S !cg'll P -:;t ;fth—e
Upcin niction by Niorns a,)d by
E In IT RESOLVED. 'R!' -t
I - -
-�l of lhw LZI., -anLY wher roquest Rx N11:•.... W ah pmw Plon5UH44 of G"To"n. at Mosby
-d, -- .'sat N4osby Si.�' i;,!) ..-n:1
r-�:oDNen s Will Of'& � 1, Fv N: 1 U v! vQ4 of 0.�e 17
o-M.-on-naric": a 1 h me v0
d .0 , a. 10 - D, >.,Tm a A P hm A of Tv'e
"Rby XUAM11 —FI, (3, --d. q A W. W INwihwascs on of
1. l t ,L:' ,.;1 P Perfonnanc,)
orl N50"In'Quy 7,201 Pop, 1314
DISCI `110\
DIS(l.:SSION OF -k PROPOSED ORDINANCE AMENDMENT CONCERNING HOUIRS OF
VE 1-I` FOR CAR WASHES I N' THE B2 DISTkICT. SL CI'I0,N 165-48.
Cat!i-ity P'mncr kiJak R. Chcr,!n statcd that the 1X:xlopm.-lit Rc£ icw & RegulatiOrs
Subc,anr(MRRS) comvlj : d.;-. a-l---,c-.ne-ra,,-t tofham ZCk7 JIP..- C, i. kc-- tl"jt ;{ 0jild --lIckide h: -,jars ofopel it )'Oil
for car %va,. I
locatc-dm I'M 132 (Bu,:,-m:ss Dis,rict Planner Chcian,.,-,.;,d lthat tlr-,,rx,,sW,
t
hours c#f c-1 ou!J c,,ij% appl% to B2 that i$ `JUU,:Nt tV RP (RCr ijCV'i--1 ?rfcmanc). R4
R5 R.-lzn,:,tl-3,:lal Comwoliitk,). or Mfil WobfleH,,,tr-,
with C' in
kk- tl�c BI
forlarN,aO-
and
tta u -'a fof T-'tcc�ulrlj
tnat ma% %;:u,t.
2.1 -IN 11W 111 SOM-1.1 r.lja;"lrCr wid I'lat the
Disirica.
r)RRS-:,,---vj -Jt-.at f� P R-ps.''"?"die-ta
C-11.', -111.1..,
131 W,
ib,: RA (Pu.,) -d Distric- do^s not a f-j,t ?,j
, in the RA i,� �*t 1%- the My -.'RS
Iil' i m "),11 "'s -T, , ) :-
-%-n I in fxv,•r cf tbc
41
- 4ff
0THFR
INVQR�TAI- DISCUSSION REGARDING Arj-0RNEY(',,ENfRAUS (VINJONS
P'
ae�!-,f�.rnmnal ind .:ltd: ;*,,4
I
call no*
fir
-.j
Drj 114
7�
properv, that N% is T.1-Vxic-d prio,- t -j 6,L vst:..'nli,;hnnent of I h.,., proffer s� stye,, thc qu,,, �*, I (n I iN 'as Tzliqcj o f ivllct� '_-.'
s. az typo of 1pgal r.-,-mAy, ucli US at snv limit, could d bt nnposcd At t'3tJ—zppbb= �V;thin ac -rta�n
L.mc P�; A. afler
ADJOURNMENT
Na funkr buslnl.' S r;rruinvl to bi,- discu_--s=A��md emic Planning Camjris,xlim adjoum-,d by a
"I"Imuncius vco'- at 9:,)
Rc,p.---ctfall%l sull-nnittcd,
Cliark's S. DcHav�m. Jr- Chainnau
Erk- R. L!'wrlence. SO'CrOtary
C
•
�,
CONDITIONAL USE PERMIT #14-04
CINGULAR WIRELESS - SHENANDOAH UNIVERSITY
Staff Report for the Planning Commission Meeting
w Prepared: July 1, 2004
»a Staff Contact: Mark Cheran, Interim 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: 08/04/04 Pending
Board of Supervisors: n8 /-) Pending
LOCATION: This subject property is located at 1122 Ralph Shockey Drive.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64-A-110
PROPERTY ZONING & PRESENT' USE: HE (Higher Education) Zoning District
Land Use: Athletic Field
ADJOINING PROPERTY ZONING & USE: RP(Residential Performance) Zoning District
Land Use: Residential
PROPOSED USE: 125 Foot -Commercial Telecommunications facility
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Rt. 797, 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.
CUP # 14-04, Cingular Wireless - Shenandoah University
July 1, 2004
Page 2
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. Structure 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.
Fire Marshal: Plan approval recommended.
Winchester Regional Airport: It appears that the proposed tower does not penetrate any FAR Part
77 surfaces, therefore, development of this site should not impact current or future operations at the
Winchester Regional Airport nor will this tower need to be lighted unless specified by the FAA.
This comment is based on review provided from information in your site plans with an elevation of
715' agl. Please submit a copy of the filed Federal Aviation Administration form 7460-1 Notice of
Proposed Construction or Alteration for our files and a copy of their completed determination upon
receipt. The Airport will withhold final comment pending receipt of the Determination Study by the
FAA.
Cily of Winchester: No comments.
Planning and Zoning: The Frederick County Zoning Ordinance allows for commercial
telecommunication facilities in the HE (Higher Education) 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 provided that residential properties, land
use patterns, scenic areas and properties of significant historic values are not negatively impacted.
Furthermore, additional performance standards shall apply to the CUP review in order to promote
orderly economic development and mitigate the negative impacts to adjoining properties. Section
165-48.6 B (2) of the Frederick County Zoning Ordinance, requires that new commercial
telecommunication facilities located inside of the Urban Development Area (UDA), be of monopole
construction. This proposed commercial telecommunication facility will be located in conjunction
with a light pole at the stadium. The lights located with this use shall not exceed 55 feet in height.
Background: The applicant has provided an inventory of existing telecommunication facilities in
the area, and staff would concur that there are no existing facilities or appropriate structures available
for collation in this general area. The maps provided within the application, analyzing coverage need
in this area, appear to be sufficient to determine the adequacy of the search area, and the existing
coverage and capacity of the licensee holder in the vicinity of the proposed facility. As shown on
the maps, the coverage needs will be met by a facility at this location. The applicant proposes to
build a 125 -foot monopole -type telecommunication facility that is designed to accommodate
commercial telecommunication carriers. The proposed facility will be located on a 22 -acre site
located at 1122 Ralph Shockey Drive (Shentel Stadium). This proposed commercial
telecommunication facility will he in conformance with Section 704 of the Telecommunication Act
of 1996. In evaluating this application, it has been demonstrated that there is a need for the
CUP # 14-04, Cingular Wireless - Shenandoah University
July 1, 2004
Page 3
infrastructure within this area of the County as identified.
Site Plan: The Frederick County Zoning Ordinance requires a minor site plan for new commercial
telecommunication facilities. This site plan will address the location of a 10' by 20' equipment
shelter, and lighting on the 125 -foot tower to mitigate illumination to neighboring properties and
right-of-ways. Buffer and screening requirements will also be determined at site plan review. 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. All building setbacks will be determined at site plan
review.
STAFF CONCLUSIONS FOR THE 08-04-04 PLANNING COMMISSION MEETING:
Staff believes that this application for a commercial telecommunication facility has 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
been demonstrated. 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 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, 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.
7. Lighting located on this tower shall not be higher than 55 feet.
.04
=t
50
54 A 141A
SHENANDOAH UNIVER�TY t
64'—W- 110
AEIG
23
fA1Aft 32
4 A 107'
MI LW,OOD,
14 A 10
/j
Map Features
CUP#14-04
OBI (Business, Neighborhood District)
CUP #
14 04 C i n g u l a r Wireless
ULakeslPondsOEM
/�/ Streams
X62 (Business, General District)
S3 (Business, Industrial Transition District)
S.U. (64 A 110 )
OParcels
(ExlracUve Manufacturing District)HE
City /Town Bou
(Higher Education District)
d y?.
`a 'F{R4 (Residential Planned Community District)�%� N
M1 (Industrial, Light District)
M2 (Industrial. General District)
�' RS (Residential Recreational Community District) 0 0.5 1 2
SNV
SM7 (Mobile Home Community District)
L_j RA (Rural Areas District)
RP (Residential Performance District)
L
Miles
A�S(Medical Support District)
S
r
G
Submittal Deadline S J" 4V dq
P/C Meeting y/ Jaz 04
BOS Meeting ll 16 Q
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant ( The applicant if f the owner �4�, other )
NAME: es �a af-,d la,
ADDRESS: t C bV , Q' 1
TELEPHONE Ho , 0
2. Please list all owners, occupants, or parties in interest of
the property:
1
r.
- (� -o il-o .. ri S
3. The property is located at: (please give exact directions and
include the route number of your road or street)
I& 1
II (1,64f I Utic fi-ua . (�n�vprntl
4. The property has a road frontage of feet and a
depth of feet and consists of _0 acres.
(Please be exact)
5. The property is owned by -Sh 'n J1 1 �6111yas! as
evidenced by deed fromo recorded
(p evious owner)
in deed book no. on page I A , as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No.
Magisterial District ).,
Current Zoning H
7. Adjoining Property:
USE ZONING
North
East
South
West
8. The type of use proposedis (consult with the Planning Dept.
before completing) ..
� i� iuses MMOE4 ab
9. It is proposed that the following buildings will be
constructed: J D` X ao 1 X l -D 1_ S Kato -r An h bl,cS-,2, 2:;9 1,6 P NPA
10. The following are all of the individuals, firms, or
corporations owning property adjacent to both sides and rear
and in front of (across st--reet 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 IAJ I (C, he-A
PROPERTY ID#41
ADDRESS I Z)O15Q (lkfl.
NAME E1n %� t (� ' 11 ( t1 CSF ADDRESS()X�c�
PROPERTY ID#
NAME i1 5 . , '� h 11 A ` 1 CL ADDRESS
PROPERTY ID# -4A, -� 0)) c''�1
NAME (` C 1 � L' � , i � �. �� '.) �' a l� ADRES S
PROPERTY ID# GI n
r
NAME ,,�Ur �7iJn 'I1 itJ ADDRESS
PROPERTY ID# "7 A I "•
NAME 1 �) c 1 �I �� V. ADDRESS
PROPERTY ID# 4 4 (:
NAME ,( ADDRESS
PROPERTY) IDI (A� A, ('
C6 Cy, (br
44 'hr
`7 (;{ Ii 4f
"
NAME ,�. ' ADDRESS
����( � ,� �.'-�.� - .�,
PROPERTY ID#
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.
Se.� 6�"Pd dvw��s
7150 STANDARD DRIVE,
HANOVER, MD 21076
DATE:JUNE 2004 1 SITE: 12760-1030
VICIAl 1 _ EVICTINlM
v �.r
LOOKING NORTH AT THE FOOTBALL STADIUM
€ P
ENGj.%'EERS. PLANNERS &
t_ANDScAPE ARCHITECTS
7150 STANDARD DRIVE,
HANOVER, MD 21076
DATE:JUNE 20041 SITE: 12760-1030
VIEW 1 - PROPOSED
LOOKING NORTH AT THE FOOTBALL STADIUM
PROPOSED MONOPOLE
-
ASSOCIATES S FLED
ENGINEERS, PLANNERS R
- LANDSCAPE ARCHITECTS
IQ
7150 STANDARD DRIVE,
HANOVER, MD 21076
DATE:JUNE 2004 SITE: 12760-1030
VIEW 2 - EXISTING
LOOKING NORTHWEST AT THE FOOTBALL STADIUM
ENriNEERs. PLA. -N sERS &
LANDSCAPE ARCHITECTS
R
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rt
NO
7150 STANDARD DRIVE,
HANOVER, MD 21076
DATE:JUNE 2004 SITE: 12760-1030
VIEW 2 - PROPOSED
LOOKING NORTHWEST AT THE FOOTBALL STADIUM
PROPOSED MONOPOLE
C --LOUGH, He RP—OUB
ASSOCIATES L.L.
ENUNEERS, PLANNERS &
LANDSCAPE ARCHITECTS
VIEW ; - EXISTING
LOOKING SOUTHWEST AT THE FOOTBALL STADIUM
7150 STANDARD DRIVE,
HANOVER, MD 21076 g S c>r—'�ATE S g,,,,LP
ENGtNEERS. PLANNERS 8
DATE:JUNE 20041 SITE: 12760-1030 LANDSCAPE ARCHITECTS
A
VIEW 3 - PROPOSED '
LOOKING SO! �TH.WEST AT THE FOOTBALL STADIUM
PROPOSED MONOPOLE
7150 STANDARD DRIVE,
HANOVER MD 21076 ^ . & ASSOCIATES LLP
DATE:JUNE 2004 SITE: 12760-1030 LANDSCAPE ARCHITECTS
12.
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
Owners' Telephone No.
Syo
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
ySa---�
cg;1�o/
Special Limited Power of Attorney
County of Frederick, Virginia
Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601
Phone 540-665-5651
Facsimile 540-665-6395
Know All Men By These Presents: That I (We
(Name)-h�i`
l �� f J - (Phone)
(Address) 1 �.{/►
the owners) of all those tracts or parcels of 1 d "Pro e
Clerk's Office of the Circuit Court of the Cour ( p��) conveyed to me (us), by deed recorded in the
County of Frederick, Virginia, by
Instrument No. 5Nj � on Page �
and is described as
Parcel: Lot: Block:
do hereby ake, constitute and appoint: Section:
mSubdivision:
(Name)
(Phone) +D1211, % Wc.
(Address) >l'
To act as my true and lawful attorney-in_fact for and in m
authority I (we) would have if acting personally to file planni
nam
Property, including: ng) for , place amy (our)stead tabove pdescribed
Rezoning (Including proffers)
Conditional Use Permits
O Master Development Plan (Preliminary and Final)
0 Subdivision
K 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 the day it is signed, or until it is otherwise rescinded or
In witness thereof, I (we) have hereto set my (our) hand aiRd seal this
.: �--� : day of s A - �_ , 200
_ ,
Signatu� e(s) � � � �' ''�
i
State of Virginia, City/County of�2�� �r
To -wit:
1' k Sa ` �� a Notary Public in and for the jurisdiction aforesaid, who signed to the foregoing instrument and who is (are) known to me, personally certify the person(s)
and has ackriowled ed the same before me in the jurisdiction aforesaid this,,,2=``day of eet ebefore
ef20e0me
Public My Commission Expires: `i
X cingu ar
fits you best'
RF Design Justification Memorandum for Shenandoah University
The main driver for Cingular Wireless to be looking for a potential site in the
Shenandoah University area in Frederick Co in VA is in a need to offload traffic on our
existing sites in the area. Specifically, to relieve sector two of National Fruit, sector one
and three of Winchester, and sector one of Stephen City. Sector 2 of National Fruit
handled 21.63 Erlangs of traffic in April 2004 and is forecasted to handle 38% more
traffic by December 2004. Sectors one and three of Winchester handled 9.52 Erlangs and
16.19 Erlangs of traffic in April 2004 respectively. The traffic in these sectors is
forecasted to increase by 174% and 52% respectively by the end of the year. Sector 1 of
Stephen City handled 9.09 Erlangs of traffic in April 2004 and is forecasted to carry up to
218% more traffic by December 2004. These sectors are facing the Winchester city and
the commuter traffic along I-81. These sites have reached their maximum capacity and in
order to meet the increasing demand, a new site has to be added in the area. Cingular is
about to commission a site in the Shenandoah University area that will help to alleviate
traffic on I-81, the eastern part of the intersection of US 17 with I-81 and majority of the
Frederick Heights area.
The official Search Area objectives are: Offload the traffic from National Fruit sector 2
and improve network accessibility/call quality along Rt. 7 and I-81, a major commute,
residential and commercial area between National Fruit and Winchester sites. The site
will also help offloading the traffic in the Apple Blossom Mall and the Shenandoah
University campus. The Shentel Stadium proposed location in University Drive is ideal
for the search area to Cingular because it could provide the required height and proximity
to our primary area of concerns: the intersection segments between I-81, US 7, US 17,
US 522 and SR 657 in Winchester VA. The site being a capacity site needs to provide
sufficient overlapping coverage to effectively offload the traffic.
The proposed site will not only offload the traffic from existing sites but also fill the
small coverage holes in the middle of the three sites National Fruit, Winchester and
Stephen City. The site will provide better coverage in the area between South Pleasant
Valley Rd, SR 857, US 17 and I-81. It will also fill the small coverage holes in the area
between US 522 and I-81 towards the south.
Cingular Wireless 7150 Standard Drive • Hanover, MD 21076
x angular
fits you best"
The communication quality between a mobile subscriber unit and the cell site depends on
a variety of factors affecting the radio path over which the signal travels. Several types
of signal impairments take place over the radio signal's path. One of the main concerns
with Cingular Wireless with the existing Billboard towers used by other carriers is
potential shadowing due to environmental absorption such as the high foliage and terrain
fluctuations between the Billboards and our existing sites. To meet the objectives of
offloading our National Fruit and Winchester sites, we will need to have a strong
overlapping coverage that will provide a radiation center of at least 125 feet from the
proposed Shenandoah University Shentel Stadium location.
Haroon Ajaz
RF Engineering Manager - Cingular Wireless
Telephone: (410) 712 7815
6/22/04
Washington - Baltimore Cingular Wireless
Existing GSM Coverage
`ate -rs)9
TIO AL FRUIT"10 6
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'w"washington - Baltim i Angular Wireless
r
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fits you best'"
Telecommunication Towers and Potential candidates near Shenandoah University Search Area
1. National Fruit Company
Cingular Wireless has an existing GSM Site on this location
2. WAZT LPTV AM Tower
This Candidate is close to the existing GSM Site National Fruit. This candidate is further away from I-81
than National Fruit and does not meet our site objective of improving call quality along SH 7 and 18 1. It
does not provide overlapping coverage with existing GSM sites STEPHEN CITY and WINCHESTER. It is
located 2.2 miles away from the center of the Search Ring. In addition to this, the candidate is an AM
Tower and will cause interference issues with Cingular antennas. Please refer Fig 2.
3. WINC Radio Tower
This Candidate is close to the existing GSM site NATIONAL FRUIT. The proposed site for Cingular
Wireless is a capacity site and is supposed to offload traffic from existing GSM sites STEPHENS CITY,
NATIONAL FRUIT and WINCHESTER but this candidate will not offload traffic from STEPHENS CITY
and is 5.3 miles away from that site as shown in Fig 3.
4. Shenandoah Mobile Tower
This Candidate is also too close to the existing GSM site NATIONAL FRUIT. The candidate only provides
overlapping coverage with NATIONAL FRUIT on parts of SH 7 to the west of I-81. It does not improve
the coverage on 1-81S, US Highway 17 and US Highway 522, and also does not provide overlapping
coverage with the other 2 adjacent existing GSM sites as shown in Fig 4.
5. Shoneys Sign
This is a Sign board and is around 70ft tall. The RC (Radiation Center) available for Cingular antennas is
very low. The ground elevation at the location is only 686 ft, giving an overall AMSL (Above Mean Sea
Level) of 756 ft compared to the primary candidate (Shenandoah Shentel Stadium), which is 840 ft. Due to
the high tree line and environmental absorption of the signal, the candidate does a poor job as shown in Fig
5. The candidate provides decent overlapping coverage with GSM sites NATIONAL FRUIT and
WINCHESTER but would not offload traffic from GSM site STEPHENS CITY as it is 5.8 miles away
from it.
6. Federal Mogul Friction Products -Water Tank
The RC (Radiation Center) available on this Water Tank is 100 ft. Though the candidate does a decent job
in filling the small coverage holes near I 81S, it does not provide sufficient overlapping coverage with
National Fruit Sector 2 and Winchester Sector 3 to offload the traffic as shown in Fig 6
7. Wilson Trucking
This is a "Raw land" candidate and we would have to build a new monopole on this property. Though
Cingular Wireless considered this as a potential candidate initially, it was realized that it is located very
close to the airport and is near the driveway of the airport. So, this site cannot be used for our purpose.
Please refer to the attached document (Obstruction Evaluation for Spectrasite Communications).
RECEIVED
Jul- 19 Z004
FREDERICK C'gUOY
PLANNING & DEVELOPMENT
Page 1 of 2
Cingular 14ireless 7150 Standard Drive • Hanover, MD 21076
-- singular
fits you bests"
8. Cracker Sign
The candidate is a Sign Board and is around 80 ft tall. Due to the varying terrains and absorption of the
signal by the surrounding environment, we need a good height for the antennas to effectively offload traffic
from existing GSM sites. The footprint of this candidate is very small due to the low height and high tree
line, and it does not provide sufficient overlapping coverage with adjacent existing GSM sites as shown in
Fig 8. The AMSL (Above Mean Sea Level) of the candidate is around 801 ft when compared to the AMSL
of the primary candidate ( Shenandoah University Shentel Stadium) which is 840 ft.
9. Exxon
The location of the candidate is good. The candidate is around 70 ft tall. The ground elevation and hence
the AMSL (Above Mean Sea Level) of the candidate is good which is around 834 ft, but as the height is
low and due to the surrounding taller buildings and the higher tree line, candidate does not provide
sufficient overlapping coverage with existing GSM sites as shown in Fig 9. It is also important to note that
there are already 3 carriers on the board and there is no space for Cingular Wireless to mount their antennas
on this Sign board.
10. Carper V Golf Course
This is a "Raw land" candidate and we would have to build a new monopole on this property.
11. Site Solutions
This candidate is located between existing GSM sites NATIONAL FRUIT and WINCHESTER and
provides good overlapping coverage with these two sites but would not offload traffic from GSM site
STEPHENS CITY as it is almost 6.38 miles away from that site. The candidate also does not fill the small
coverage holes between the 3 existing GSM sites NATIONAL FRUIT, STEPHENS CITY and
WINCHESTER as shown in Fig 10.
12. Winchester Country Club
This is a "Raw Land" Candidate and we would have to build a new monopole on this property.
Haroon Ajaz 7/15/04
RF Engineering Manager - Cingular Wireless
Telephone: (410) 712 7815
'6 LJ
Page 2 of 2
19 2094 -
r P r F 1!7,;%ENT
Cingular Wireless 7150 Standard Drive • Hanover, MD 21076
Washington - Baltimore Cinguiar Wireless
FIG I Telecommunication Towers and Potential Candidates near Shenandoah Search Area
•
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WAZT LPN AM Tower Coverage
Existing GSM Coverage
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tate Hwy 657
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Washington - Baltimore Cingutiar Wireless
FIG 3 Existing Coverage with 1 INC radio Tower
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tmung uoverage with Shenandoah Imbue Tower
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AMMAM'i
AIRSPACE
SAFETY
ANALYSIS
CORPORATION
Because you want if right on the first approach
OBSTRUCTION EVALUATION FOR
Spectrasite Communications
ASAC Study Number: SPI 47438-01
Date: December 27, 2001
Search Area ID/Name: CINBWI-0013/Shenandoah University
Search Area Center:
Winchester, VA
Latitude:
390 09'
12.40"
Longitude:
0780 09'
44.90"
NAD 83
Surface Elevation:
611' to 779'
AMSL
Tower Height:
320'
AGL
Overall Height:
931' to 1099'
AMSL
This study is conducted in accordance with the Federal Aviation Regulations (FAR) Part 77 and the
Federal Communications Commission (FCC) Rules Part 17.
This report and the findings, opinions and recommendations expressed herein are intended for the
exclusive use of Spectrasite Communications in making appropriate regulatory filings and may not
be reproduced by other parties in any form or manner.
This study is for a 1 NM radius search area centered at the above coordinates.
The overall structure height within the search area varies approximately 931' to 1099' AMSL
depending on exact site location. Where overlying airspace usage restricts structure height,
maximum no effect structure height will be given in feet AMSL..
SPI 47438-01
Page 1
1703 Phoenix Boulevard, Suite 250, Atlanta, Georgia 33349
678.924.8000 • Fax 678.924.8006 • www.asacinc.com
MINIMUM EN ROUTE ALTITUDE:
No factor. The search area is located below airspace protected for numerous victor airways.
However, the proposed 320' AGL structure located in the search area would not adversely
affect low altitude en route airways or training routes in the area.
VFR ROUTES:
No factor. The proposed 320' AGL structure located in the search area would not adversely
affect VR routes or VFR routes in the area.
AIRPORT IMPACT:
The search area center is located 3,543' or 0.58 NM on a True Bearing of 298.880 from the
approach end of runway 14 at Winchester Regional Airport, the nearest landing surface for
regulatory compliance purposes. The search area center is located 6,261' or 1.03 NM on a
True Bearing of 305.261, from the airport reference point (ARP) of this public use,
instrumented airport.
The search area is located below airspace protected for the VFR traffic pattern at Winchester
Regional Airport. At 320' AGL, the proposed structure located in the search area could
adversely affect this surface. Additionally, it could affect IFR surfaces at this airport.
Private use airports or heliports do not meet FAR 77 criteria and the FAA would not
consider them in its study of the proposed structure. However, in the interest of flight safety,
ASAC considers private use airports and heliports in every study. ASAC found no evidence
of private use airports or heliports, which affect this site.
IFR effects will be discussed under section FAR 77.23 of this report.
SPI 47438-01
Page 2
FAR 77.13 (a)(1) (Construction over 200' AGL at its site)
The proposed 320' AGL structure would exceed this surface by 120'.*
FAA Notice of Proposed Construction or Alteration would be
required by this section.
FAR 77.13 (a)(2)(i) (Structure within 20,000' from the nearest runway of each specified
airport with a runway length of more than 3,200')
The proposed 320' AGL structure located in the search area would
exceed the 100:1 slope at Winchester Regional and fail the FCC
slope test.* Exceeding either surface would require FAA Notice of
Proposed Construction.
FAR 77.13 (a)(2)(ii) (Structure within 10,000' from the nearest runway of each specified
airport with a runway length of 3,200' or less)
No factor.
FAR 77.13 (a)(2)(iii) (Structure within 5,000' from the nearest point of the nearest landing
and takeoff area of each specified heliport)
No factor.
* "Notice of Proposed Construction" is required.
SPI 47438-01
Page 3
FAR 77.23 (a)(1) (Structure over 500' AGL)
No factor. The proposed 320' AGL structure would not affect this
surface.
FAR 77.23 (a)(2) (Structure over 200' AGL or above the established airport elevation,
whichever is higher, within 3 NM of the established reference point
of an airport which has a runway more than 3,200 feet in length. This
height increases 100' for each additional mile up to 500' AGL)
The proposed 320' AGL structure located in the search area could
exceed this surface by 120'. By itself, exceeding this surface would
not indicate that the structure would be considered a Hazard to Air
Navigation. It would however, trigger an extended study to be
conducted by the FAA. This extended study would add
approximately 90 days to the FAA's normal processing time.
FAR 77.23 (a)(3) (TERPS, Terminal Operations)
The search area is located below airspace protected for IFR terminal
operations at Winchester Regional Airport (see Enclosure 1). The
maximum no hazard structure height due to Category C Circling is
960' AMSL. Additionally, the FAA may request "2C accuracy"
survey data for any structure in order to verify exact site location and
overall structure height (see Enclosure 2).
FAR 77.23 (a)(4) (TERPS, En Route Operations)
No factor. The proposed 320' AGL structure located in the search
area is clear of all en route obstacle clearance areas and would not
increase any minimum obstruction clearance altitude.
FAR 77.23 (a)(5) (The takeoff and landing area of an airport or any imaginary surface
established under FAR 77)
The proposed 320' AGL structure located in the search area exceeds
the horizontal surface at Winchester Regional airport by 223'. By
itself, exceeding this surface would not indicate that the structure
could be considered a Hazard to Air Navigation. It would however,
trigger an extended study to be conducted by the FAA. This
extended study would add approximately 90 days to the FAA's
normal processing time.
Am BROADCAST STATION IMPACT_
SPI 47438-01
Page 4
FCC rules protect existing AM Broadcast Stations from possible adverse affects caused by
emissions from newly constructed cellular radio towers.
ASAC found no evidence of AM Broadcast Stations which could impact the search area.
The FAA is authorized to protect air navigation and communication facilities from possible
interference. The physical presence of a proposed structure and/or the electromagnetic signals
emanating therefrom may have a substantial adverse effect on the availability or quality of
navigational or communication signals needed for the safe operation of the National Airspace
Systems.
The Winchester Localizer (TZX) is located within the search area on a True Bearing of ° from the
search area center. The FAA may protect this NAVAID from possible electromagnetic interference
(EMI) for a distance up to 1 NM. Since the search area is within this protective radius, EMI adverse
effect is a possible outcome of an FAA aeronautical study. In ASAC's opinion, the likelihood of an
adverse EMI effect finding is moderate.
SPI 47438-01
Page 5
The search area center is located 3,543' or 0.58 NM on a True Bearing of 298.880 from the
approach end of runway 14 at Winchester Regional Airport, the nearest landing surface for
regulatory compliance purposes. The search area center is located 6,261' or 1.03 NM on a True
Bearing of 305.261, from the airport reference point (ARP) of this public use, instrumented
airport.
2. The search area is located below airspace protected for the VFR traffic pattern at Winchester
Regional Airport. At 320'AGL, the proposed structure located in the search area could adversely
affect this surface. Additionally, it could affect IFR surfaces at this airport.
3. In the interest of flight safety, ASAC considers private use airports in every study. However,
private use airports are not a factor for this site.
4. The proposed 320' AGL structure located in the search area would not adversely affect VFR or
IFR en route flight operations or procedures in the area.
5. FAA Notice of Proposed Construction or Alteration would be required for the 320' AGL
structure located in the search area.
6. The proposed 320' AGL structure located in the search area could exceed FAR 77.23 (a) (2) by
120'. By itself, exceeding this surface would not indicate that the structure would be considered
a Hazard to Air Navigation. It would however, trigger an extended study to be conducted by the
FAA. This extended study would add approximately 90 days to the FAA's normal processing
time.
7. The search area is located below airspace protected for IFR terminal operations at Winchester
Regional airport (see Enclosure 1). The maximum no hazard structure height due to Category C
Circling is 960' AMSL. Additionally, the FAA may request "2C accuracy" survey data for any
structure in order to verify exact site location and overall structure height (see Enclosure 2).
8. The proposed 320' AGL structure located in the search area exceeds the horizontal surface at
Winchester Regional Airport by 223'. By itself, exceeding this surface would not indicate that
the structure would be considered a Hazard to Air Navigation. It would however, trigger an
extended study to be conducted by the FAA. This extended study would add approximately 90
days to the FAA's normal processing time.
9. The Winchester Localizer (TZX) is located within the search area on a True Bearing of ° from
the search area center. The FAA may protect this Navaid from possible electromagnetic
interference (EMIL) Ta to 1 ILM. Since ,he search area iS :x�ithin this protective
� for a distance p
radius, EMI adverse effect is a possible outcome of an FAA aeronautical study. In ASAC's
opinion, the likelihood of an adverse EMI effect finding is moderate.
SPI 47438-01
Page 6
SPI 47438-01
Page 7
Any structure exceeding 200' AGL would exceed the FAR 77.23 (a) (2) 200' AGL arc and would
trigger an extended study. Similarly, any structure exceeding the IFR Horizontal surface would
require an extended study.
The VFR horizontal surface outlined in light blue is 876' AMSL. The VFR conical surface extends
from the VFR horizontal surface towards the northwest, away from Winchester Regional. Its
surface begins at 876' AMSL, sloping upward at a 20:1 ratio to 1076' AMSL at its limit outlined in
light blue. Any penetration of these surfaces would trigger a Hazard to Air Navigation
determination by the FAA.
The following options are listed in recommended sequence, with limitations stated. The areas are
color -coded on the enclosed chart.
AVOID the area on enclosure 1 that is outlined in red and labeled AVOID.
Select a site within the areas outlined in orange on enclosure 1, and propose a structure no taller than
960' AMSL. This area is below the VFR traffic pattern airspace and the IFR category C airspace.
Select a site within the areas outlined in yellow on enclosure 1, and propose a structure no taller than
876' AMSL. This area is below the VFR traffic pattern airspace.
To find a location for a 320' AGL structure, it is recommended that a location of approximately 3
miles from the airport be studied.
With reference to the above recommendations:
FAA Notice is required.
Marking and lighting may be required.
Extended study may be required.
Structure is not within AM Broadcast Station interference radius.
Structure would not affect flight operations at a private use airport or heliport.
Should you have questions regarding this study, its findings, options, or recommendations, please
contact ASAC.
SPI 47438-01
Page 8
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SITE INFORMATION I
OMER:
SHENANCOATI UNIVERSITY
INDEX
1460 UNIVERSITY DRIVE
SHEET
NO:
WINCHESTER, VA 22601
SITE I.D.#:
1253
SITE NAME:
SHENANDOAH UNIVERSITY
APPLICANT:
CINGUUR WIRELESS
EXISTING CONDITIONS
7150 STANDARD DRIVE
05/ 26 /04
HANOVER. MD 21076
SITE ADDRESS:
1460 UNIVERSITY DRIVE
05 / 26 / 04
WINCHESTER, VA 22601
COUNTY;
FREDERICK
LATITUDE:
39' 9' 55.9'N
LONGITUDE:
78' 9' 13.8'W
ZONING CLASSIFICATION:
HE
ZONING JURISDICTION: FREDERICK COUNTY
TAXMAP:
64-A-110
AREA OF CONSTRUCTION:
t 300 S.l.
ENGINEER:
CLOUGH HARBOUR & ASSOCIATES LLP
10800 MIDLOTHIAN TURNPIKE, SUITE 303
2
RICHMOND, VA 23235
CONTACT:
WLUAM. L RUCK III, P.E.
PHONE:
(804) 897-3564
DRIVING DIRECTIONS
FROM STANDARD DRIVE TAKE MD -100 W. MERGE ONTO
US -29 N/COLUMBIA PIKE. MERGE ONTO 1-70 W. MERGE
ONTO US -340 W. EXIT 52, TOWARD
CHARLESTOWN/LEESBURO MERGE ONTO US -340 S.
MERGEONTO VA -7 W TOWARD WINCHESTER. MERGE
ONTO I-81 S TOWARD ROANOKE. MERGE ONTO US -17
N/MILLW000 AVE/US-50 W. EXIT 3138. TURN RIGHT
j ONTO UNIVERSITY DRIVE.
PROJECT DESCRIPTION
THIS PROJECT WILL INSTALL NEW
,5 TELECOMMUNICATIONS EOUIPMENT AT A PROPOSED
TELECOMMUNICATIONS SITE. TWELVE ANTENNAS WILL
BE INSTALLED ON THE TOWER. ONE 10'.20' EQUIPMENT
SHELTER Wtl BE •O THE SITE. ASSOCIATED
POWER AND TEL 'RCUNS WILL BE ADDED
i SITE.
XcingularTM
WIRELESS
PROJECT NAME: SHENAPDOAH UNIVERSITY SITE ID#1253
PROJECT TYPE: NEW COMMUNICATION TOWER
PROJECT LOCATION: 1460 UNIVERSITY DRIVE
WINCHESTER, VA 22607
MAY 26, 2004
L:IINLULAK WIKLLLSS
CONSTRUCTION APPROVAL
CINGULAR WIRELESS
RF APPROVAL
UNIVERSITY APPROVAL I
DO NOT SCALE DRAWINGS
CONTRACTOR SHALL VERIFY ALL PLANS & EXISTING DIMENSIONS &
CONDITIONS ONTHE JOB SITE & SHALL IMMEDIATELY NOTIFY THE
ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING
WITH THE WORK OR BE RESPONSIBLE FOR SAME
Y MISS UTILITY OF VIRGINIA
SAVE BIG, CALL BEFORE YOU DIGen .
1-800-552-7001
X cingular»
VelOciTel
�A
CLOUGH.HARBOUR
6 ASSOCIATES LLP
11760 - 1030* N1601
INO.I SUBMITTAL I
F'�I1l1 CN Ili'1
.0 916
E pn cM
SITE ID:
CINGULAR # 1253
SITE NAME:
SHENANDOAH UNIVERSITY
SITE ADDRESS:
1460 UNIVERSITY DRIVE
WINCHESTER, VA
22601
FREDERICK COUNTY
SHEET TIRE
TITLE SHEET
SHEET NUMBER
01
DRAWING
INDEX
SHEET
NO:
SHEET
TITLE
REVISION HISTORY
NO: DATE
T01
TITLE SHEET
2
05 / 26 / 04
S01
EXISTING CONDITIONS
2
05/ 26 /04
S02
SITE PIAN
2
05 / 26 / 04
ENLARGED SITE PUN
2
05 / 26 / 04
TOWER ELEVATION & DETAILS
2
05 / 25 / 04
.STRUCTURAL DETAILS
2
OS / 26 / 04
F
STRUCTURAL DETAILS & NOTES
2
05 / 26 / 04
STRUCTURAL NOTES
2
05 / 26 / 04
GENERAL NOTES
2
OS / 26 / 04
RF SCHEDULE & DETAILS
2
05 / 26 / 04
COs
SEDIMENT dt EROSION CONTROL NOTES
2
05 / 26 / 04
C09
SEDIMENT & EROSION CONTROL PLAN
2
05 / 26 / 04
CIO
SHELTER LAYOUT
2
OS / 26 / 04
EOI
POWER & TELEPHONE PLAN
2
05 / 26 / 04
E02
GROUNDING PUN
2
05 / 26 / 04
E03
ELECTRICAL DETAILS
2
05 / 26 / 04
E04
ELECTRICAL DETAILS
2
05 / 26 / 04
E05
ELECTRICAL DETAILS
2
05 / 26 / 04
DOS
ELECTRICAL DETAILS
2
05 / 26 / 04
E07
ELECTRICAL DETAILS
2
05 / 26' / 04
€OB
ELECTRICAL SPECIFICATIONS
2
05 / 26 / 04
DO NOT SCALE DRAWINGS
CONTRACTOR SHALL VERIFY ALL PLANS & EXISTING DIMENSIONS &
CONDITIONS ONTHE JOB SITE & SHALL IMMEDIATELY NOTIFY THE
ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING
WITH THE WORK OR BE RESPONSIBLE FOR SAME
Y MISS UTILITY OF VIRGINIA
SAVE BIG, CALL BEFORE YOU DIGen .
1-800-552-7001
X cingular»
VelOciTel
�A
CLOUGH.HARBOUR
6 ASSOCIATES LLP
11760 - 1030* N1601
INO.I SUBMITTAL I
F'�I1l1 CN Ili'1
.0 916
E pn cM
SITE ID:
CINGULAR # 1253
SITE NAME:
SHENANDOAH UNIVERSITY
SITE ADDRESS:
1460 UNIVERSITY DRIVE
WINCHESTER, VA
22601
FREDERICK COUNTY
SHEET TIRE
TITLE SHEET
SHEET NUMBER
01
APPROx.
TRUE
PPpR07L N
M?4'
MAPPING NOTES,
1. BASEMAP INFORMATION OBTAINED MOM THE FREDERICK COUNTY DEPARTMENT OF PLANNING
ON MAY 25, 2004.
2. NORTH ORIENTATION BASED ON NOTE N0. 1
3. SUBJECT TO ANY STATE OF FACTS THAT AN ACCURATE BOUNDARY SURVEY
WOULD DISCLOSE. PROPERTY LINES ARE ONLY SHOWN AS APPROXIMATE,
4. SUBJECT TO ANY STATE OF FACTS THAT AN UP-TO-DATE ABSTRACT OF
TIRE WOULD DISCLOSE.
5. SUBJECT TO ALL RIGHTS, EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD.
6. A BOUNDARY SURVEY WAS NOT PERFORMED BY CLOUGH, HARBOUR &
ASSOCIATES LLP IN CON.IUNCTION WITH THE PREPARATION OF THIS SITE,
7. NOT TO BE USED FOR LAND TRANSACTION PURPOSES.
�j EXISTING CONDITIONS
PARENT PARCEL OWNERS.
(DOWNER: SHENANDOAH UNIVERSITY
1460 UNIVERSITY DRIVE
WINCHESTER, VA 22601
TAX MAP/PARCEL: 64 A 110
DEED BOOK -PG: 553-314
ZONING: HE
AREA: 22.40 ACRES
ADJACENT PARCFI OWNER
(DOWNER: SHENANDOAH UNIVERSITY
1460 UNIVERSITY DRIVE
WINCHESTER, VA 22601
TAX MAP/PARCEL: 54 A 141A
DEED BOOK -PG: 656-255
ZONING: HE
AREA: 7.50 ACRES
DOWNER: WINCHESTER GOLF CLUB
1300 SENSENY RD
WINCHESTER, VA 22602
TAX MAP/PARCEL: 54 A 141
DEED BOOK -PG: NO DATA
ZONING. RA
AREA 54.55 ACRES
04 OWNER: PEMBRIDGE HEIGHTS
HOMEOWNERS ASSOC.
P.O. BOX 3838
WINCHESTER, VA 22604
TAX MAP/PARCEL: 64A 12 3 209A
DEED BOOK -PG: 747-876
ZONING: RP
AREA: 1.15 ACRES
S@OWNER: HAINES, JOHN & PAMELA
114 PRICE DRIVE
WINCHESTER, VA 22602
TAX MAP/PARCEL 64A 12 3 209
DEED BOOK -PG: 756-1448
ZONING: RP
AREA: NO DATA
DOWNER: GOCHENOUR, ROBERT & JACQUELINE
111 PRICE DRIVE
WINCHESTER, VA 22602
TAX MAP/PARCEL: 64A 12 3 210
DEED BOOK -PG: 728-1466
ZONING: OR
AREA: NO DATA
07 OWNER: HOVATTER, DNA CARLTON & MARGARET
105 PRICE DRIVE
WINCHESTER, VA 22602
TAX MAP/PARCEL: 64A 12 3 211
DEED BOOK -PG: 755-1435
ZONING: RP
AREA: NO DATA
BO OWNER: SHENANDOAH UNIVERSITY
1460 UNIVERSITY DRIVE
WINCHESTER, VA 22601
TAX MAP/PARCEL: 64 A 109
DEED BOOK -PG: NO DATA
ZONING: RP
AREA: 0.62 ACRES
09 OWNER: APPLE BLOSSOM PROPERTIES, LP
370 NEFF AVE ST U
HARRISONBURG, VA 22601
TAX MAP/PARCEL: 64 A 107
DEED BOOK -PG: 624-504
ZONING:82
AREA: 1.13 ACRES
10 OWNER: MILLWOOD, LLC
1323 JAMESTOWN RD STE 101
WILLIAMSBURG, VA 23785
TAX MAP/PARCEL 64 A 107A
DEED BOOK -PG: 954-1468
ZONING: B2
AREA: 3,22 ACRES
FOR INFORMATION ONLY
Xcingular-
WIRELEHH
VelociTel
L_HAI
CLOUGH.HARBOUR
& ASSOCIATES LLP
12760 vp10JOf NNRN
N0. SUBMITTAL
JI -oh",
SITE ID
CINGULAR # 1253
SITE NAME:
SHENANDOAH UNIVERSITY
SITE ADDRESS
1460 UNIVERSITY DRIVE
WINCHESTER, VA
22601
FREDERICK COUNTY
SHEET DILE
EXISTING CONDITIONS
F --SHEET NUMBER
S0
APPROX.
TRUE
APPRGX.ly
MPG.
N
APPROXIMATE
\ PROPERTY LINE
\
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EXISTING PLAYING FIELD,
EXISTING PRESS BOX
(EXISTING BLEACHERS-/
r
NX
MX
I £F+ tlX
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\ PROPOSED
TELECOMMUN/CAT/ON
SITE (S££ col)
SITE PLAN
GRAPHIC SCALE
30 0 15 30
w
EXISTING J
BUILDING
X cingular
VelociTel
�A
CLOUGH.HAPSOUR
S ASSOCIATES LLP
1]]60 �R1030T 1601
INO.I SUBMITTAL
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4 � No. 029162 c4
29
10
6 t I�,L Ta`
1 tb«,,;,ea�,. r.n.
IRE ^C
SITE IO:
CINGULAR # 1253
9TE NAME:
SHENANDOAH UNIVERSITY
SITE ADOpE55:
1460 UNIVERSITY DRIVE
WINCHESTER, VA
22601
FREDERICK COUNTY
SHEET TITLE
SITE PLAN
FOR INFORMATION ONLY SO2
CONDITIONAL USE PERMIT #15-04
CINGULAR WIRELESS - JOHN MARKER
Staff Report for the Planning Commission Meeting
u Prepared: July 1, 2004
»s Staff Contact: Mark Cheran, Interim 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: 08/04/04 Pending
Board of Supervisors: 08/25/04 Pending
LOCATION: This subject property is located at 3035 Cedar Creek Grade.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 61-A-117
PROPERTY ZONING & PRESENT' USE: RA (Rural Areas) Zoning District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District
Land Use: Orchard and Vacant
PROPOSED USE: 250 Foot -Commercial Telecommunications facility
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Rt. 622, 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.
CUP # 15-04, Cingular Wireless - John Marker
July 1, 2004
Page 2
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. Structure 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.
Fire Marshal: Plan approval recommended.
Winchester Regional Airport: The Winchester Regional Airport Authority offers the following
comments 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 Obstruction Marking and
Lighting regulations 2) Copy sent to the airport of FAA Form 7460-1, Notice of Actual Construction
or Alteration when filed and a copy of the FAA Determination Study when received. If these
conditions and any outlined in the completed FAA study are complied with, the Winchester Regional
Airport Authority has no objections to this conditional use permit; however, final comment will be
withheld pending a copy of the FAA study.
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 provided that residential properties, land use patterns,
scenic areas and properties of significant historic values are not negatively impacted.
Staff would note that this proposed commercial telecommunication facility will be located
approximately 1.6 miles from the Opequon Historical District. This historical district was identified
and classified by the U.S. Department of the Interior on March 29, 2002. The applicant is requesting
the ability to utilize lattice -type material construction pursuant to Section 165-48.6(B)2 of the
Frederick County Zoning Ordinance. The Zoning Ordinance requires that new commercial
telecommunication facilities be of monopole -type construction. The Planning Commission may
allow lattice -type construction for new commercial telecommunication facilities that are located
outside of the Urban Development Area (UDA), and are not adjacent to or impact properties that are
identified as historic areas. The proposed site is located near an identified historic and scenic area.
Therefore, granting the lattice waiver maybe inappropriate. These additional performance standards
shall apply to the CUP review in order to promote orderly economic development and mitigate the
negative impacts to adjoining properties.
Background: The applicant has provided an inventory of existing telecommunication facilities in
the area, and staff would concur that there are no existing facilities or appropriate structures available
for collation in thi s general area. The maps provided within the application, analyzing coverage need
in this area, appear to be sufficient to determine the adequacy of the search area, and the existing
coverage and capacity of the licensee holder in the vicinity of the proposed facility. As shown on
the maps, the coverage needs will be met by a facility at this location. The applicant proposes to
CUP # 15-04, Cingular Wireless - John Marker
July 1, 2004
Page 3
build a 250 -foot lattice -type telecommunication facility that is designed to accommodate commercial
telecommunication carriers. The proposed facility will be located on a 44 -acre site located on Cedar
Creek Grade (Route 622). The applicant will be required to provide lighting to comply with the
requirements of the Winchester Regional Airport Authority. The lights shall comply to FAA
standards as noted in the letter submitted by the Director of the Airport Authority. This proposed
commercial telecommunication facility will be in conformance with Section 704 of the
Telecommunication Act of 1996. In evaluating this application, it has been demonstrated that there
is a need for the infrastructure within this area of the County as identified.
Site Plan: The Frederick County Zoning Ordinance requires a minor site plan for new commercial
telecommunication facilities. This site plan will address the location of a 10' by 20' equipment shelter
and lighting on the 250 -foot tower, to mitigate illumination to neighboring properties and right-of-
ways. Buffer and screening requirements will also be determined at site plan review. 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. The setbacks for this proposed commercial telecommunication facility will
be approximately 300 feet from the road right-of-way, and 500 feet from the rear setback. The
applicant is requested a setback wavier, that would allow this telecommunication to be 150 feet from
the property line.
STAFF CONCLUSIONS FOR THE 08-04-04 PLANNING COMMISSION MEETING:
Staff believes that this application for a commercial telecommunication facility has 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
been demonstrated. An allowance for a lattice -type tower construction may not be appropriate,
pursuant to Sections 165-48.6 & 165-48.6 B (2) of the Frederick County Zoning Ordinance. 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 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 1( 1121), 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.
CUP # 15-04, Cingular Wireless - John Marker
July 1, 2004
Page 4
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.
7. The telecommunications tower shall not exceed 250 feet in height.
0_250 500 1,000
Feet
^/ Britlges
CUP#15-O4
/"/ Cw,erts
Lakesl%nds
Dams
--"�*-- Streams
Retaining Walls
Buildings
Road Centerlines
Vl Tanks
Trails
0_250 500 1,000
Feet
CUP # 15 - 04 Cingular Wireless
N John Marker (61 - A -117)
W-*
E 0 250 500 1,000
S Feet
Map Features
ITT
CUPR75-04
N Bridges
CD Parcels
^� Culverts
Lakes7Ponds Dams
Agricultural d Forestral Districts
w.� Streams
Retaining Wali.
Dcu61e Church
" Buildings
Road Centerlines
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O South Frederick
N
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CUP # 15 - 04 Cingular Wireless
N John Marker (61 - A -117)
W-*
E 0 250 500 1,000
S Feet
Submittal
Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant (The applicant if the owner
NAME:
ADDRESS:
.4
TELEPHONE+
/'C
�s J"."J
2A.3
--Fj l
, if
other)
2. Please list all owners, occupants, or parties in interest of
the property:
ap lel trk.o-.r
�.L.�
3. The property is located at: (please give exact directions and
include the route number of your road or street)
a(�, N- .
C4 4+4}
N- ilr-F )
The prop
depth of _
(Please be
ty
. Mkj �- 41-11tr 61-clA
5-l01e- of RV -61 ljv'rjo- wh,ll&fi+�.�' f�
has a road frontage of feet and a
feet and consists of acres.
exact) :�� at rL--
5. The property is owned bylLL(' f <� �. as
evidenced by deed from -p_Z
�c2 ( �. �' �. ' Lt, - ecorded
�� (previous owner)
in deed book no. `/ on page ? , as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. Tax (Parcel) Identification (I.D. )No. W -A -V7
Magisterial District
Current Zoning
7. Adjoining Property:
USE ZONING
North
East
South
West
8. The type of Use P j C
pro os d S (consult with the P
before completing) t
1 a
16 xa 6 P -P] a
'eufj
1dings w�i
1
At, S prop ff-mS rehKof lowing
constructed: lo, x
i
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
11 be notified by mail of this
e5 Cir
necessary.)Thes!� eople w
application.. - ))'�51, —
7 a --f SO/ 0/7 d /VS
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il. 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.
12.
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
Owners' Telephone No. svv : cX /se?/
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) ii% L P L L{� PYl P _ (Phone)
(Address) cit nch ester vel . a D (0 c� 2
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. QW01T70 on Page , and is described as
Parcel: //'I Lot: Block: -,4— Section: b/ Subdivision:
do hereby make, constitute and appoint:
(Name)
(Phone)
(Address) 11 6o 4-rWI APAJ5 ; , 4AA04k , raj J-0 T
To act as my true and lawf7ul 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)
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 the 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 43�J day of MAW 200,
Signature(s) L�h
State of Virginia, City/County of nom, e-, rea ic/c , To -wit:
I, �,A,P�I urzkp 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 has acknowledged the same before me in the jurisdiction aforesaid this j day of nth, 200''/ .
L
��W
Notary Public
My Commission Expires: 1 5
U:\Bev\Special Limited POA.wpd
x cingu ar
fits you bast=e
RF Design Justification Memorandum
For the Opequon Site
The design objectives for the "Opequon Search Area" are to build a new in -fill
telecommunication site and to add coverage and increase call capacity along Cedar Creek
Grade Rd (RT 622) between the existing "on air" sites National Fruit and Stephens City
in the Cingular Wireless network. Moreover, the proposed Opequon "cell site" will fill
in the coverage holes and provide better signal in surrounding residential areas off of
Cedar Creek Grade Road. It will also provide coverage to major commuter routes and
areas where Cingular has received customer complaints for poor cell phone coverage.
Coverage Plots have been generated to show the lack of coverage along Cedar Creek
Grade Road and how the proposed Opequon site will provide the needed coverage to the
area. The coverage plots represent accurate coverage information of both the existing
Cingular Wireless network and proposed new cell sites and how the additional coverage
affects the network. Radio Frequency engineers use these tools along with "drive test"
data to assess new cell site potential coverage to the network.
The coverage from the existing Cingular Network is shown as the solid blue area on both
sets of plots. This coverage is from the existing cell sites called National Fruit to the
Northeast and Stephens City to the Southeast. The blue area represents sufficient signal
strength for Cingular Wireless customers to use their phones. The areas of white on both
plots are where there is insufficient signal to complete calls in the Cingular Network.
The first plot without the coverage from the Opequon site shows the lack of coverage
along Cedar Creek Grade Road beginning about 1/3 of a mile west of State Highway 37
and continuing to the west and south along Cedar Creek Grade Road for several miles.
This area is shown all in white, again meaning no signal or coverage. The second
coverage plot shows the additional coverage generated with Opequon site added to the
Cingular network. The additional coverage is represented by the "boxed" shading that
both covers a large section of the white area and overlaps and "fills in" coverage gaps in
the existing network, the blue area as well.
As shown in the coverage plots, the proposed Opequon site (the boxed in area) will
provide continuous coverage along RT. 622 for several miles. Additionally, it will
provide approximately a radius of more than three miles of new coverage sufficient to
make calls from Cingulars customer's homes and communities. The Proposed site will
offer good overlapping coverage to the existing neighboring sites, adding capacity and
signal strength. This will help to enhance the performance of the existing network and
provide successful call hand -over between the Stephens City, and National Fruit sites.
Cingular Wireless 7150 Standard Drive • Hanover, MD 21076
Page 1 of 2
cingular
fits you best"
To achieve the desired signal strength, coverage, and successful hand -over between the
two existing cell sites, Cingular needs to have an antenna mounting height of 248 feet.
Cingular Wireless will require a structure of at least 250' to mount the antenna at the 248'
level. The terrain and topology in this area have a big affect on the wireless signal and
the distance that it travels. According to the RF engineer's analysis, a lower antenna
height will reduce the coverage and will not provide the desired signal strength,
overlapping, and successful hand -over to the neighboring sites. Furthermore, in rural
areas such as this, it is very important to maintain similar footprint with neighboring sites.
This prevents one cell site from causing interference to an adjacent cell site by having the
signal travel to far across the existing coverage. Many of our existing cell sites in this
area have an average height above ground in excess of 200'. For example the Stephen
City site has antenna height of 210 feet, the Winchester site has an antenna mounting
height of 259' and the proposed antenna mounting height of the proposed Opequon site is
about 248'. Due to topology, ground elevation and distances to the existing adjacent cell
sites, an antenna mounting height of 248 feet antenna height will be required and is
proposed for the Opequon site. This site will provide a similar coverage area or "foot
print" as its neighboring sites.
Cingular Wireless has plans to expansion and to improve the performance and coverage
of their network in Frederick County. Several new cell sites have already been added to
the existing network by placement of antenna on existing towers to improve and provide
additional coverage within the County. These sites include Middletown, Winchester 2,
Lost Corner and Gainesboro, all of which are "collocations" on existing towers. These
sites have either already been added to the network or are approved to be added in the
near future. Collocation is always Cingular's first choice for adding a cell site to the
network. However when there are no existing structures in the area where Cingular
needs to locate a cell site, a new structure must be requested. The proposed Opequon site
is one of those situations where no structure exists in the area that would provide the
required coverage.
J �`�o�`
Haroon Ajaz 6/16/04
RF Engineering Manager - Cingular Wireless
Telephone: (410) 712 7815
Cingular Wireless 7150 Standard Drive • Hanover, MD 21076
Pa QP 2 of 2
anquiar
WIRELESS
June 24, 2004
Frederick County
Department of Planning and Development
ion North Kent Street
Winchester, VA 22601
Re: Statement of Need and Justification for Conditional Use Permit for a
Telecommunication Facility including a 250' self-support tower at 3035 Cedar
Creek Grade Road, Winchester VA 22602, tax parcel 61-A-117 owned by M & M
LP, LLP.
Statement of Need
Cingular Wireless is expanding their wireless network in the Winchester area and
particularly along Route 622 West of Interstate 81. A copy of the "Search Ring"
issued by Cingular Wireless is attached to this statement. The coverage objective
is to build a new in -fill site in Frederick County, VA area. This site will improve
coverage and capacity along Rt 622 to Winchester City.
Cingular Wireless is requesting approval of a Conditional Use Permit to allow for
the construction of a new 250' self-supporting lattice tower and placement of
related radio equipment and antenna. The new Telecommunications Facility will
provide coverage to areas along Route 622 that currently do not have wireless
signal in the Cingular network.
The proposed new structure will provide space for at least five (5) additional
wireless communications companies. There are no existing structures that will
provide the required coverage needed by Cingular Wireless.
Justification
The Cedar Creek Grade location is a good location for a telecommunications
facility. The current use of the property is and active orchard containing over
l000 acres which will buffer the facility from adjacent homes.
A Radio Frequency (RF) Engineering Design Justification Statement has been
provided with this Conditional Use Permit Application to document the need for
the proposed facility at Cedar Creek Grade location. It also shows that a facility
at this location will improve Cingular's wireless network in the area by providing
the needed coverage to the West of Cingular's two adjacent sites, Stephens City
and National Fruit and the proposed site at Shenandoah University.
The RF statement justifies the proposed location by showing that the proposed
site will provide the new "coverage" along Route 622 and overlapping the existing
Cingular Wireless 7150 Standard Drive, Hanover, MD 21076
coverage provided by the adjacent "Cell Sites." The RF statement includes two
maps with "coverage plots" over top of the area maps. One map shows the
network coverage without the proposed site and the other one shows the coverage
with the proposed site included in the network. The additional coverage is shown
as the "boxed" area on the map with the proposed site. The RF statement is
attached for review.
Design of the Facility
The proposed Telecommunications Facility will be located on a 44.76 acre parcel
of land. The compound area will be a 70' by 70' fenced area that will include the
proposed 250' tower, equipment shelters and related utilities for the facility. This
location was selected because it is on high ground and away from any adjacent
communities.
Drawings have been included which show the proposed tower and related
communications equipment. The 250' height is required to meet Cingular's
coverage needs in the area by providing enough "overlap" to the adjacent "Cell
Sites" and over coming the terrain in the area.
Additional space will be available in the compound for other carriers to locate
equipment and space will be available on the tower below Cingular's platform for
their antenna.
Cingular will light the facility as required by findings of the FAQ. or the local
Winchester Regional Airport authority.
Cingular Wireless requests a Waiver of Section 165-48.6B(i) of the Commercial
telecommunication facilities Ordinance for setback distance and section 165-
48.6B(2) which requires a Monopole -type construction for new commercial
telecommunication towers. The setback waive of section 165-48.6B(i) is
requested from the tower to southwest property line only. The other three
setbacks are met and exceeded. The adjacent parcel on the southwest, parcel ID
# 61-A-118 is also owned by M & M LP, LLP.
The second Wavier request of Section 165-48.6B(2) is requested as a result of
structural limitations of Monopoles when antenna mounting is required above
200'. The ordinance allows for the Planning Commission to "allow Lattice -type
construction for new telecommunication towers that are located outside the
Urban Development Area and are not adjacent to properties that are identified
historic sites." The proposed location is outside the Urban Development Area.
Specifically, lattice type towers are used when the required antenna heights
exceed 200'. The lattice tower and foundation designs can be built to higher
heights and support more antenna than a Monopole design. When mounting
heights exceed 200', towers are proposed because they are safer and more
economical to construct. Please see the attached drawings for more details.
Cingular Wireless 7150 Standard Drive, Hanover, MD 21076
Other Locations/Candidates Considered
Cingular Wireless has considered several "Candidates" including all existing
structures and towers through out the area. It should be noted that according to
the date Cingular has, there are no existing towers or Monopoles within the
Search Area.
The proposed location and height are required to allow Cingular Wireless to meet
it's objectives of the Search Area which are: to add new coverage and call capacity
along 622 and provide continuous coverage and hand off between adjacent "Cell
Sites."
There are no existing structures that are high enough for Cingular's to mount
their antenna to meet the objectives so a new Telecommunications Facility must
be built. Additional antenna may be located on the Tower by other companies in
the future.
Attachments:
RF Design Justification Memorandum
Maps/Coverage Plots
Photo Simulations
Design Drawings
Cingular Wireless 7150 Standard Drive, Hanover, MD 21076
Washington - Baltimore Cingular Wireless
'Current coverage with Proposed Opequon Site
w
Proposed Opaquon - Cedar Creek Coverage I
GSM Current Coverage y]or Rd
r
GSM On Asir Sites
Proposed Sites
a Property and Confidentail Cingular Wireless and Authorized Clients Only
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SITE INFORMATION
OWNER: JOHN MARKER
3035 CEDAR CREEK GRADE
WINCHESTER. VA 22602
SITE LILI.- 1475
SITE NAME: OPEOUON
APPLICANT: CINGULAR WIRELESS
7150 STANDARD DRIVE
HANOVER. MD 21076
SITE ADDRESS: 3035 CEDAR CREEK GRADE
WINCHESTER. VA 22602
COUNTY: FREDERICK
LATITUDE: 39' 08' 37.8'N
LONGITUDE: 78' 15' 42.8'W
PARCEL ID /: 61-A-118
ZONING JURISDICTION: FREDERICK COUNTY
AREA OF CONSTRUCTION: t 5000 J.
ENGINEER: CLOUGH HARBOUR & ASSOCIATES LLP
10800 MIDLOTHIAN TURNPIKE. SUITE 303
RICHMOND. VA 23235
CONTACT: WILLIAM L. RUCH 111, P.E
PHONE: (604) 897-3564
DRIVING DIRECTIONS
FROM STANDARD DRIVE TAKE MO -100 W. MERGE ONTO
US -29 N. TAKE 1-70 W. MERGE ONTO US -340 W. EXIT
52. TAKE US340S. MERGE ONTO VA -7 W. TAKE 1-81
S. MERGE ONTO US -17 N. EXIT 3138. TURN LT ONTO E
JUBAL EARLY DRIVE. TURN LEFT ONTO US- . TURN RT
ONTO CEDAR CREEK GRADE/VA-622. MARKER -MILLER
ORCHARD & FARM MRKT IS ON YOUR LT. TOWER SITE
BEHIND RT SIDE OF THE FARM MARKET BEHIND HE
MAIN HOUSE. UP TO A LANDING BEYOND TREE LINE.
PROJECT DESCRIPTION
THIS PROJECT WILL INSTALL A 250' SELF SUPPORT
LATTICE TOWER WITHIN A FENCED 'TELECOMMUNICATIONS
SITE. TWELVE ANTENNAS WILL BE ADDED TO THE TOWER.
ONE 10',20' EQUIPMENT SHELTER WILL BE ADDED 70
THE SITE. ASSOCIATED POWER AND TELEPHONE CIRCUITS
WILL BE ADDED WITHIN THE SITE.
X cingular TM
WIRELESS
PROJECT NAME: OPEQUON SITE ID#1475
PROJECT TYPE: RAW LAND
PROJECT LOCATION: 3035 CEDAR CREEK GRADE
WINCHESTER, VA 22602
JUNE 2, 2004
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CONSTRUCTION APPROVAL
CINGULAR WIRELESS
RF APPROVAL
sGNw1VRE OwiE
PROPERTY OWNER APPROVAL 1
DO NOT SCALE DRAWINGS
CONTRACTOR SHALL VERIFY ALL PLANS & EXISTING DIMENSIONS &
CONDITIONS ON THE JOB SITE & SHALL IMMEDIATELY NOTIFY -
ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING
WITH THE WORK OR BE RESPONSIBLE FOR SAME
VA MISS UTILITY OF VIRGINIA
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SNE ADDRESS:
3035 CEDAR CREEK GRADE
WINCHESTER, VA
22602
FREDERICK COUNTY
SHEET TIRE
-A
TITLE SHEET
SHEET NUMBER
T01
DRAWING INDEX
SHEET
NO:
SHEET
TITLE
REVISION HISTORY
NO: DATE
701
TITLE SHEET
3
06 /02 /04
S0,
SURVEY
I
OS / 03 / 04
S02
EXISTING CONDITIONS
3
06 / 02 / 04
CO1
ENLARGED ATE PLAN
3
06 /02 /04
CO2
GENERAL NOTES
3
06 / 02 / 04
CO3
TOWER ELEVATION & DETAILS
-&
3
05 / 02 / 04
C04
RF SCHEDULE DETAILS
3
06 / 02 / 04
C05
DETAILS
3
06 / 02 / 04
COs
STRUCTURAL DETAILS
3
06 / 02 / 04
C07
STRUCTURAL NOTES
3
O6 / 02 / 04
C08
GPS DETAILS
3O6
/ 02 / 04
C09
SITE DETAILS
3
O6 / 02 -/.1
CIO
SHELTER LAYOUT
3
06 / 02 / 04
C1I
SEDIMENT & EROSION CONTRL NOTES
3
06 / 02 / 04
C12
SEDIMENT & EROSION CONTRL PLAN
3
06 / 02 / 04
E01
POWER & 1EIEPHONE PLAN
}
O6 _/02/04
E02
GROUNDING PLAN
3
O6 / _02/ 04
E03
ELECTRICAL DETAILS
3
O6 / 02 / 04
E04
ELECTRICAL DETAILS
J
_W1 02 _/04
E05
ELECTRICAL DETAILS
3
06 / 02 / 04
EOS
ELECTRICAL DETAILS}
O6 /02 / 04
E07
ELECTRICAL DETAILS
3
06 /02 / 04
E08
FAA LIGHTING SPECIFICATIONS
3
06 /02 / 04
E09
ELECTRICAL SPECIFICATIONS
3
06 /02 / 04
DO NOT SCALE DRAWINGS
CONTRACTOR SHALL VERIFY ALL PLANS & EXISTING DIMENSIONS &
CONDITIONS ON THE JOB SITE & SHALL IMMEDIATELY NOTIFY -
ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING
WITH THE WORK OR BE RESPONSIBLE FOR SAME
VA MISS UTILITY OF VIRGINIA
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1-800-552-7001
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3035 CEDAR CREEK GRADE
WINCHESTER, VA
22602
FREDERICK COUNTY
SHEET TIRE
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SHEET NUMBER
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1. FIELD 9URYEY GATE: MAY 3, 2004
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3. HORIZONTAL DATUM: NORTH AMERICAN DATUM
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4. CENTER OF PROPOSED POI-
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8. OWNER: MIM L.P. LLC
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8. APPLI 1: CDIGIRAR
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7. MRMOICTION: FREDERICK COUNTY
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9. MAGISTERIAL DISTRICT: BACK CREEK
LSCMRTY SKETCH .- NOT TO SCALE
10. TAX PARCEL: 61-A-1118
- 4.211850 4.21
11. RITE REFERENCE.• INST. 01WI77U
12. ELEVATIONS AND COORDIWTES SHOWN HEREON ME
GERNED FROM SUB -METER ACCURACY GPS.
113. THIS PARCEL APPEARS TOBE LOCATED. IN ZONE V
AS DEFINED ON FI.R.M. St 0083 0175 B. DATED 7-17-78
IOD' Iso'
14. ME EXISTENCE OF TRVLL MD NON -RDA. WETLANDS
WAS NOT INVESI1CA1E0 WRING THE COURSE OF THIS SURVEY.
15. PROPERTY EINE INFORMATION SHOWN HEREON IS BASED
ON DEEDS ANO MMS OF RECORD AND TM EVP INFORMATION.
MI5 SURVEY DOES NOT CONSTITUTE A BOUNDARY SURVEY. ME
PROPERTY SHOWN HEREON 1S SUBJECT TO ALL EASEMENTS AND,
RESTRICTIONS OF RECORD.
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WINCHESTER, VA
22602
FREDERICK COUNTY
SHEET TILE
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SHEET NUMBER
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�XISTING CONDITIONS CONDITIONS
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I. BASEMAP INFORMATION OBTAINED FROM INCE WILLIAM COUNTY (PWC) _COMMERCIAL
PROPERTY RECORD CARD, ACCOUNT / 518.78, AND PWC
MC15 COUNTY MAPPER,
2. NORTH MENTA70M BASED ON NOTE N0. 1
J. SUBJECT TO ANY STATE OF FACTS THAT AN ACCURATE BOUNDARY SURVEY
WOULD DISCLOSE. PROPERTY LINES ARE ONLY SHOWN AS APPROXIMATE.
4. SUBJECT TO ANY STATE OF FACTS MAT AN UP-TO-DAn ABSTRACT OF
TITLE WOULD DISCLOSE.
5. SUB.IECT TO ALL RIGHTS, EASEMENTS, COVENANTR OR RESTRICTIONS OF RECORD.
6. A BGUNOARY SURVEY WAS
NOT PERFORMED BY CLOUGH. HARBOUR h
ASSOCIATES LLP IN CONJUNCTION PATH THE PREPARADON OF THIS SITE.
7. NOT TO BE USED FOR LAND TRANSACTION PURPOSES.
PARENT PARCFf OWNERS,
1OOWNER: M & M LP, LLP
3035 CEDAR CREEK GRADE
WINCHESTER, VA 22602
PARCEL ID A 61—A-117
CURRENT ZONING: N/A
CURRENT USE: N/A
PARCEL AREA: 29.00 ACRES
ADJACENT E!ARCFI OWNER
(DOWNER: EBERT, MICHAEL J & TONYA M
3074 CEDAR CREEK GRADE
WINCHESTER, VA 22792
PARCEL ID ,f: 61-3-1
CURRENT ZONING: N/A
CURRENT USE: N/A
PARCEL AREA: 5.00 ACRES
(DOWNER: VESS. STEPHEN L & SANDRA S
3054 CEDAR CREEK GRADE
WINCHESTER, VA 22602
PARCEL 10 III: 61-3-2
CURRENT ZONING: N/A
CURRENT USE: N/A
PARCEL AREA: 5.00 ACRES
O8 OWNER: M & M LP, LLP
3035 CEDAR CREEK GRADE
WINCHESTER, VA 22602
PARCEL ID III: 61—A-127
CURRENT ZONING: N/A
CURRENT USE: N/A
PARCEL AREA: 166.62 ACRES
O9 OWNER: M &MLP, LLP
30J5 CEDAR CREEK GRADE
WINCHESTER, VA 22602
PARCEL ID R: 61—A-119
CURRENT ZONING: N/A
CURRENT USE: N/A
PARCEL AREA: 16.00 ACRE`
OOWNER: BRADFIELD. MARK A & RHONDA H 10 OWNER: M *1 CREEK
LLP
3022 CEDAR CREEK GRADE
WINCHESTER, VA 22602 3035 CEDAR CREEK GRADE
PARCEL ID 111: 61-3-3 WINCHESTER, VA 22602
CURRENT ZONING: N/A PARCEL ID #: 61—A-120
CURRENT USE: N/A CURRENT ZONING: N/A
PARCEL AREA: 5.00 ACRES CURRENT USE: N/A
PARCEL AREA
DOWNER: GATHER, IIATALIE J
2980 CEDAR CREEK GRADE
WINCHESTER, VA 22602
PARCEL ID #: 61-3-4
CURRENT ZONING: N/A
CURRENT USE: N/A
PARCEL AREA: 5.00 ACRES
OOWNER: M & M LP. LLP
3035 CEDAR CREEK GRADE
WINCHESTER, VA 22602
PARCEL 10 S: 61—A-116
CURRENT ZONING: N/A
CURRENT USE: N/A
PARCEL AREA: 44.76 ACRES
DOWNER: M & MLP, LLP
3035 CEDAR CREEK GRADE
WMCHESTER, VA 22602
PARCEL ID fl: 61—A-116
CURRENT ZONING: N/A
CURRENT USE: N/A
PARCEL AREA: 77.50 ACRES
. 9.92 ACRES
it OWNER: MARKER, JOHN RALPH JR
3035 CEDAR CREEK GRADE
WINCHESTER, VA 22602
PARCEL ID III: 61—A -12A
CURRENT ZONING: N/A
CURRENT USE: N/A
PARCEL AREA: 5.08 ACRES
12 OWNER: FAWCETT, THOMAS L
3178 CEDAR CREEK GRADE
WINCHESTER, VA 22602
PARCEL ID �: 61—A-45
CURRENT ZONING: N/A
CURRENT USE: N/A
PARCEL AREA: 35.99 ACRES
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3035 CEDAR CREEK GRADE
WINCHESTER, VA
FREDERICKOCOUNTY
SHEET TI1LE
EXISTING CONDITIONS
SHEET NUMBER
S02
CONDITIONAL USE PERMIT #16-04
SOON H. KANG
Staff Report for the Planning Commission Meeting
Prepared: July 20, 2004
Staff Contact: Mark Cheran, Interim 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: 08/04/04 Pending
Board of Supervisors: 08/25/04 Pending
LOCATION: This subject property is located at 623 Front Royal Pike.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 6413-A-87
PROPERTY ZONING & PRESENT' USE: RP (Resident Performance) Zoning District
Land Use: Store
ADJOINING PROPERTY ZONING & USE: RP (Residential Performance) Zoning District
Land Use: Residential
PROPOSED USE: Re -Establishing a legally non -conforming use/convenience store
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Rt. 522, the VDOT facility which would
provide access to the property. Existing entrance is adequate for proposed use. However,
VDOT is concerned_ about the internal flew of traffic and park=ing availability for this
business. Please submit an on-site parking and traffic flow plan to this office for further
review and comment.
CUP 4 16-04, Soon H. Kang
July 20, 2004
Page 2
Inspections Department: No change of use permit or comment required on existing mercantile
building.
Fire Marshal: A small structure in the rear of the proposed store is leaning considerably and poses
an undue hazard and should be removed. Consideration should be given to providing vehicle impact
protection to the Gas Station. Building address numbers should be installed on the structure or on
the existing post so that they can be seen by emergency vehicle traveling south. Plan approval is
contingent upon meeting these requirements.
Frederick County Sanitation Authority: No comment.
Planning and Zoning: In accordance with Section 165-150 of the Frederick County Zoning
Ordinance, a legally non -conforming use that has been discontinued due to abandonment may be re-
established by obtaining a Conditional Use Permit (CUP). This proposed use is to re-establish a
convenience store that was in operation on this property from 1956 to 2002. The must recent use was
Boyce's Western Shop. Prior use was Mooreland's "Stop and Save" in 1978.
This property was zoned R-1 (Residential Limited) in 1967, when Frederick County adopted a
zoning ordinance. This property is currently zoned RP (Residential Performance) as a result of the
1989 Comprehensive Down Zoning of Frederick County. This proposed use meets the requirements
of Sections 165-148 and 150. Based on the limited scale of this proposed use and evaluation of the
property, it appears this use would not have any significant impacts on the adjoining properties.
STAFF CONCLUSIONS FOR THE 08-04-04 PLANNING COMMISSION MEETING:
1. All Frederick County Zoning Ordinance requirements and review agency comments shall be
addressed and complied with at all times.
2. Prior to operation of this business a minor site plan approved by Frederick County will be
required. VDOT and Fire Marshall requirements will be addressed on this site plan.
3. No new signage shall be allowed.
4. Replacement of current freestanding business sign on property will be allowed. Signage shall not
exceed current size and height. New freestanding business sign shall be non -illuminated.
5. No retail sale of gasoline. will be allowed.
6. Any expansion or modification of this use shall require approval of a new Conditional Use Permit.
Ivur If Ib - u4 Soon H. Kang (64B - A - 87)
CUP # 16 - 04 Soon H. Kang (64B - A - 87)
sur * ,io - u4 z000n M. Kang (646 - A - 87)
} t�E
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
34- a4q
1. Applicant (The applicant if the 1d owner other)
NAME:
ADDRESS: a N
1 c0vi
-f
TELEPHONE tr ( 54-0) 9 D3- Q 3 g J ( H) ( 5 LI0) (OG LI - ✓2 0 1 (Ce -10
2. Please list all owners, occupants, or parties in interest of
the property:
nu I lCc�r.G Soon VeLVI
3. The property is located at: (please give exact directions and
include the route number of your road or street)
V)3 Fron+ Rom u i Wfnc.hes- -e v - VA
0-0 South a � reG•�,'o .� o n � i 1 � �v®del R' Y�'t.n ( Q+ . � rl `a �
`Tuv'n 6 0-�- Ov) TO Wit?« , � frect Un C�, 1� �`' s2z. `r(` C
4.
The property has a
depth of1'�-t S
(Please be exact)
road frontage of ISS feet and a
feet and consists ofacres.
5. The property is owned by ClIu l V-avn aocl Soon �' �LGcY'C� as
evidenced by deed from 11v10 ],F,&4CG }"T(" recorded
(previous net)
7.
in deed book no. — on page , as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick. No. 03002-44006
Tax(Parcel)Identification
Magisterial District 511.E
Current Zoning
Adjoining Property:
USE
North
East 1
South C �Px1_a; cel
West
(I. D. )No. ��� _ B7
w.-v6.E
ZONING
O�
8. The type of use proposed is (consult with the Planning Dept.
before completing)
9. It is proposed that the followi buildings will be
constructed:
f\
I
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 Loode , ,. Jame5-4PGtmelCt ADDRESS 05 F-Cj tl1 - Q(. a I P1 1C
PROPERTY ID# (eq `- A - B9 24
NAME C ,)CIF IeS '+ S— USRA ADDRESS Co'7 I- (C'n Q0 ±X
PROPERTY ID# ksy 6^ A " 8 3
NAME ADDRESS
PROPERTY ID#�I
NAME 3-0,1 ')e.S 01111ucm-`iADDRESS
PROPERTY ID# (3 `- H - L! A
(o?5 Q0q (,LQ- R- ICJ ,
L%)inckpo SQA QD-�-0Li
NAME 111 1`1 , �`��l 1�' ^ H ADDRESS
PROPERTY ID# (Cy 13 J y - nn
NAME 4Qr#-)i +bt J 2 �G lc� �°nes 0 • ADDRESS � � � 6`l� Qa's. 1' �
PROPERTY ID# VA G LA- L-4
NAME. ADDRESS
PROPERTY ID#
NAME
PROPERTY ID#
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.
12. Additional comments, if any: 7jCS+
NVM-j- PO p Sho-n I' rel i q 5(n ! -X Nl ►� _ ` �n t A��n n yl S.e n.e m. h n.v
ad
(IN S0f/4 00'QU S ADUSe-f 0%t OrOCi(A.C4s � grDcP-e'�4 +6-Dd
ABC I c e ease
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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
Owners' Telephone No.
a(q Dew�cv-( 17� ve— Wfnchesk-Ler,V/4 2-2/007-
(5LIO) 933-0385 H (SLID) "Ll— 3,:>C)( C
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
PAGE 3 L- 3
MORELANp DIVISION
BK788rc1.?0
The accompanying Plat represents a Division Survey of the
Land conveyed to Jacob F. Moreland and Beverly S. Moreland by
Deed dated 12 September 1978 in Deed Book 498, Page 158. The
said improved Land fronts the Eastern Boundary Line of U, S.
Route 522, and lies in Shawnee District, Frederick County,
Virginia:
Beginning at an iron pin (found) in the Eastern Line of
U. s. Route 522, a corner to the Pingley Land; thence with the
said Line, S 07' 14' 00" R - 190.00 ft, to an iron pin
(found), a corner to the Godlove Land; thence with the
Northern Line of the said Land, S 83' 03' 00" E - 294.38 ft.
to a post in the western Line of the Lewis Land; thence with
the said Line, N 07' 14' 00" E - 190.00 ft. to an iron pin
(set), a corner to the said Pingley Land; thence with the
Southern Line of the said Land, N 83' 03' 00" $1 - 294.38 ft.
to the beginning.
Containing:
LOT 1: 29,156 Sq. Ft.
LTH p� D
LOT 2: 76,745 So, Ft. 04
TOTAL: 55,931 Sq. Ft. L ES.E�R�i.�-6
Surveyed: 4 June 1992 (LICENSE) No.
1498
4
y1pc F WDEFMCK 001; M 9CT• on
��rumera of ng was Wo'dduucceed�W,
to ma___'19I annexbd
an�Wirt?+tate of 9C 5&54.1 Sec 5&54.1 of
was admittso-d1 to retard. Tax Imt it assessabie.
11 /Q- e7 and 58,54 have beetlPe
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030024608 D E E D
THIS DEED, made this 22nd day of October, 2003, by and
between WILLIAM M. BOYCE, JR., unmarried, party of the first part,
and CHUL KANO AND SOON H. KANG, husband and wife, parties of the
second part,
W I T N E S S E T H
That for and in consideration of Ten Dollars ($10.00) cash in
hand paid and other good and valuable considerations, the receipt
and sufficiency of which are hereby acknowledged, the party of the
first part does hereby grant, bargain, sell, and convey unto the
parties of the second part, with covenants of General Warranty of
Title and in Fee Simple, as Tenants by the Entirety, all of that
certain lots or parcels of land, with all rights, ways, easements,
and improvements thereunto belonging or appurtenant thereto, lying
and being situate in the County of Frederick, Virginia, and more
particularly described as follows:
SEE ATTACHED (Schedule A) "Legal Description"
AND BEING the same property was conveyed onto Grantor in
Instrument No. 020010540 on 06/26/2002; in Deed Book 874 at
Page 0026 on 02/07/1997.
The above described property is conveyed subject to all
easements, restrictions, and encumbrances of record which legally
affect the title to said property.
The party of the first part covenants that he has the right
to convey the said property to the said parties of the second
part; that the parties of the second part shall have quiet
possession of said property, free and clear of all encumbrances,
except as hereinabove set forth; and that the party of the first
jpart will execute such further assurances of said property as may
The requisite.
WITNESS the following signatures and seals on the day and
year first herebefore written.
WILLIAM M. BOYCE,
STATE OF
COUNTY OF k9C,rj4o� f rv� To -wit:
WILLIAM M. BOYCE, JR. personally appeared before me and
subscribed and sworn to the foregoing Deed this 2Z day of
Gat2ber, 2003.
C-1 ti ''I.
% 4(,aMC k.CjfQDj,4dtj (SEAL)
otary Public
11 .WCo&,nission Expires: /0/31/07
SCMMULE "A"
(LEGAL DESCRIPTION)
All of that certain land on the eastern side of U.S.
Route 522 South of Winchester, in Shawnee District,
Frederick County, Virginia, containing 29,156 square
feet, by survey, with metes and bounds as shown on plat
of division survey by L. Allen Ebert, L.S. dated June
4, 1992, of record in the Clerk's Office of the Circuit
Court of Frederick County in Deed Book 788 at Page
1337, and designated thereon as "Lot 111, but less and
except that certain parcel of land as set forth in the
Certificate of record in said clerk's office in Deed
Book 844 at Page 381; and being the remainder of the
property conveyed to the Grantors herein by deed dated
September 12, 1978 from Ernest F. Grimes et ux, of
recorded in the Clerks Office of the Circuit Court of
Frederick County, Virginia, in Deed Book 498 at page
158.
V1R(;IMA: FREDERICK COUNTY, SC2:
This instrument of writing was produced to me on
at —L-� 1. ^•�
aad with errti5cate of acknowledgement thereto annexed
was admitted to record. T imposed by Sec. 58.1-802 of
$ and 58.1-801 have been paid, if messaWe
BK7a8F�13,0
FA
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- 40 80
0
U. S. ROUTE 522
PAGE 2 Of 3
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i07E: SIDE YARD VARIANCE
APPROVED 21 APRIL, 1992
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MEMORANDUM
TO: Frederick County Planning Commission
COUNTY of FREDERICK
Department of Planning and Development
FROM: Mark R. Cheran, Interim Zoning Administrator
RE: Public Public Hearing: SIC Uses in the B-2 (Business, General District)
DATE: July 20, 2004
540/665-5651
FAX: 540/665-6395
The Development Review and Regulations Subcommittee (DRRS) at its April 29, 2004, meeting
recommended to exclude the listed SIC uses from the B-2 (Business General District) Zoning
District. The DRRS felt that these SIC uses may not be appropriate or meet the intent of the B-2
Zoning District. The intent of the B-2 Zoning District is in bold print on the following pages. The
DRRS recommended that these uses be added to the appropriate zoning districts.
Staff supports the DRRS recommendation of excluding these SIC Groups and Sub -Groups from the
B-2 Zoning District. These uses do not meet the intent of the B-2 Zoning District and may not be
appropriate. The intent of the B-2 Zoning District is in bold print below. Staff supports adding these
uses to appropriate zoning districts. This proposed ordinance amendment was presented as a
discussion item to the Planning Commission at their June 2, 2004 meeting, and no issues were
raised. This proposed ordinance amendment was presented to the Board of Supervisors as a
discussion item at there July 14, 2004 meeting. The Board voted to schedule a public hearing on the
proposed Ordinance Amendment.
The intent of B-2 (Business, General District) Zoning District: Business areas are located on
arterial highways at major intersections and at interchange areas. Businesses allowed involve
frequent and direct access by the general public but not to heavy truck traffic on a constant
basis other than that required for delivery of retail goods. General Business areas should have
direct access to major thoroughfares and should be properly separated from residential areas.
Adequate frontage and depth should be provided, and access should be properly controlled
to promote safety and o=rderly dGvciopmaerli. l quisance factor s, are tv he 'A—;. d"d .
MRC/bad
107 North Kent Street - Winchester, Virginia 22601-5000
Recommended Exclusions From Permitted Use List Of
B-2 Zoning District and Suggested Zoning Districts
Exclude The Following SIC Groups:
SIC 0741 Veterinary Services Livestock RA with CUP
SIC 49 Electric, Gas, and Sanitary Services M -1/M-2
SIC 5199 Advertising Specialties -Wholesale B -3/M-1
Exclude Commercial Sport and Recreation Clubs
Adult Care Residences and Assisted Living Care Facilities RP
Flex -Tech B -3/M -1/M-2
Exclude The Following Sub -Groups:
SIC 48 Communications
4899 Communications Services, Not Elsewhere Classified M-2
SIC 54 Food Stores
5431 Fruit and Vegetable Stands RA with CUP
SIC 72
Personal Services
7213
Linen Supply B -3/M-1
7216
Dry Cleaning Plants B -3/M-1
7299
Escort Services
Turkish Baths
Steam Baths
SIC 73 Business Services
7312 Outdoor Ad Services B -3/M-1
7389 Automobile Recovery Service B -3/M-1
Automobile Repossession Service B -3/M-1
Exhibits Building of by Industrial Contractors M-1
Filling of Pressure Containers (Aerosol) M-1
Gas Systems Contract Conversion from Manufactured to Natural Gas M -1/M-2
Produce Weighting Service M-1
Product Sterilization Service MS/B-3
7389 Repossession Service B-3
Salvaging of Damaged Merchandise not Engaged in Sales M-1
Scrap Steel Cutting M-1
SIC 76 Miscellaneous Repair Services
7692 Welding Repair M-1
7699 Agricultural Equipment Repair B -3/M-1
Blacksmith Shops RA with CUP
Boiler Cleaning and Repair M-1
Cesspool Cleaning M-1
Coppersmithing M-1
Dental and Medical Instrument Repair MSB -3
Engine Repair M-1
Farm Machinery and Tractor Repair B -3/M-1
Farriers RA with CUP
Horseshoing RA with CUP
Industrial Truck Repair M-1
Laboratory Instrument Repair MSB -3
Machinery Cleaning M-1
Measuring and Controlling Instrument Repair; Mechanical M-1
Meteorological Instrument Repair M-1
Precision Instrument Repair B -3/M-1
Repair of Optical Instruments B -3/M-1
Repair of Service Station Equipment B -3/M-1
Scale Repair Service B -3/M-1
Septic Tank Cleaning Service M-1
Sewer Cleaning Service M-1
Surgical Instrument Repair MSB -3
Tank and Boiler Cleaning Service M-1
Tank Truck Cleaning Service M-1
Taxidermists RA with CUP
Tinsmithing M-1
SIC Engineering, Accounting, Research, Management, and Related Services
8734 Testing Laboratories B -3/M-1
8744 Facilities Support Management Services
•
C:
COUNTY of FREDERICK
Department of Planning and Development
MEMORANDUM%
TO: Frederick County Planning Commission
FROM: Mark R. Cheran, Interim Zoning Administrator
540/665-5651
FAX: 540/665-6395
RE: Public Hearing: Changing Section 144-17 L of the Frederick County Subdivision
Ordinance
DATE: July 20, 2004
The Development Review and Regulations Subcommittee (DRRS) at its April 29, 2004 meeting
recommended a change to Section 144-17 L. Staff has identified a potential discrepancy in the
language regarding residential curb and gutter requirements. The suggested text amendment would
clarify that residential developments with lot sizes less than fifteen thousand (15,000) square feet
would require curb and gutter. This is not a new requirement, but merely a clarification point. The
changes are located in your agenda.
This proposed ordinance amendment was presented to the Board of Supervisors as a discussion item
at there July 14, 2004, meeting. The Board voted to schedule the proposed Ordinance Amendment
for public hearing. Staff will be available to respond to your questions.
MRC/bad
107 North Kent Street - Winchester, Virginia 22601-5000
lExisting
L. Curbs and gutters. Curbs and gutters shall be constructed along both sides of all streets in any
subdivision containing either lots of twelve thousand (12,000) square feet or less or lot widths of
eighty (80) feet or less at the street. Construction shall meet the requirements of the Virginia
Department of Transportation. The subdivider shall determine the curb cuts necessary for entrance
locations for any subdivision that requires curbs and gutters at the subdivision design plan stage.
The Planning Commission may allow for alternatives to curbs and gutters where it is determined that
improved stormwater management, such as reduced concentration of peak flow for a drainage shed,
would be achieved without it.
Proposed
L. Curbs and gutters. Curbs and gutters shall be constructed along both sides of all streets in any
subdivision containing lots less than fifteen thousand (15,000) square feet or lot widths of eighty
(80) feet or less at the street. The subdivider shall determine the curb cuts necessary for entrance
locations for any subdivision that requires curbs and gutters at the subdivision design plan stage.
The Planning Commission may allow for alternatives to curbs and gutters where it is determined that
improved stormwater management, such as reduced concentration of peak flow for a drainage shed,
would be achieved without it.