PC 10-20-04 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
October 20, 2004
7:00 P.M. CALL TO ORDER TAB
1) September 15, 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
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 #23-04 for Candy Hill Campground, to expand the existing
Conditional Use Permit. The property is located on Route 50 West, one block west of Route
37,on Ward Avenue (Route 1317), and is identified with Property Identification Number(s)
53 -A -86A and 53 -A -86B in the Back Creek Magisterial District.
Mr.Beniamino................................................................................................................ (C)
6) Request of Roy and Loretta McDonald to remove a ten acre portion from the South
Frederick Agriculture and Forestal District. The ten acre portion is identified as Property
Identification Number 84 -A -47B, located on. Hites Road (Route 625), in the Back Creek
Magisterial District.
Mr.Beniamino................................................................................................................ (D)
DISCUSSION
7) Discussion of Section 165-50 Concerning Radio and Television Towers in the RA (Rural
Areas) Zoning District.
Mr. Cheran....................................................................................................................... (E)
8) Other
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on September 15, 2004.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/
Opequon District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Marie F. Straub, Red
Bud District; Robert A. Morris, Shawnee District; Richard C. Ours, Opequon District; George J. Kriz,
Gainesboro District; John H. Light, Stonewall District; Cordell Watt, Back Creek District; Gene E. Fisher,
Citizen at Large; Gary Dove, Board of Supervisors' Liaison; Barbara Van Osten, Board of Supervisors' Liaison;
and Lawrence R. Ambrogi, Legal Counsel.
ABSENT: William C. Rosenberry, Shawnee District; Charles E. Triplett, Gainesboro District
STAFF PRESENT: Eric R. Lawrence, Plamiing Director, Mark R. Cheran, Zoning Administrator; David
Beniamino, Planner; Candice Mills, Planner; and Renee S. Arlotta, Clerk.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
COMMITTEE REPORTS
Comprehensive Plans & Programs Subcommittee (CPPS) - 09/13/04 Mtg.
Connnissioner Light reported that the CPPS reviewed two applications that were a derivative of
the Board of Supervisors and Planning Comnnission forum on UDA (Urban Development Area) and SWSA
(Sewer and Water Service Area) expansions for the Comprehensive Policy Plan. Commissioner Light said the
CPPS had a positive recommendation on the SWSA expansion for the Eastgate project, which also addresses
some boundary lines for the SWSA. In addition, the CPPS discussed the Solenberger-Bridgeforth UDA
expansion application, which was held back for the purpose of drafting better language because of the
complexities of the Frederick County/ City of Winchester/ VDOT situations.
Fredrick County Planning Commission Page 1382
Draft Minutes of September 15, 2004
— 2 —
Historic Resources Advisory Board (HRAB)
Commissioner Gochenour wanted to note for the record that the staff has recognized numerous
absentees during many of the HRAB meetings. She said the staff is encouraging the members of the HRAB to
attend the regularly scheduled meetings in order to implement the goals identified in the HRAB training sessions.
Commissioner Gochenour said that the staff has requested that members notify staff when they are unable to
attend regularly scheduled meetings.
Economic Development Commission (EDC) — 09/03/04 Mtg.
Commissioner Thomas reported that the EDC discussed the restructuring of the Industry
Clusters Committee and the Business Development Committee. He said the EDC also had a presentation from
the Lord Fairfax Community College on work force services and the continuing education program.
Commissioner Thomas said that the next meeting will be devoted to how the EDC handles new business clients
and ways to improve that process.
PUBLIC HEARING
Conditional Use Permit #20-04 of Stephen and Jessica Swiger for a landscape contracting business at
4552 Martinsburg Pike (Rt. I I N). This property, zoned RA (Rural Areas), is identified with P.I.N. 33-A-
26 in the Stonewall Magisterial District.
Action - Recommended Approval with Conditions
Chairman DeHaven said that he would abstain from all discussion and voting on this item due to
a possible conflict of interest and he turned the chair over to Vice Chairman Thomas.
Planner David Beniamino reported that this conditional use permit (CUP) is for a landscape
contracting business proposed to take place on a one -acre tract of land located in the RA (Rural Areas) Zoning
District. Planner Beniamino described the applicant's proposal as follows: no more than eight employees; all
work to be done off site; no more than five business vehicles and three trailers on the premises; no sales of
nursery stock will take place on site; and the business will not be open to the public. He said there were no
negative comments from any of the reviewing agencies. In addition, Planner Beniamino read a list of
recommended conditions, should the Commission find the use to be appropriate.
The applicant, Mr. Stephen Swiger, was available to answer questions from the Commission.
Commission members asked Mr. Swiger if he was agreeable to placing screening around the
property and if he understood what it involved. Mr. Swiger was agreeable to placing the screening. Mr. Swiger
was asked if he had a business license and he replied that he did.
Fredrick County Planning Commission Page 1383
Draft Minutes of September 15, 2004
— 3 —
Members of the Commission raised the issue of the tendency for landscaping and nursery
businesses to pile up dead grass clippings, brush, and trees on site; they were concerned because this property is
located within a residential area. The applicant said that because of limited space, he would either dispose of the
material elsewhere or contain the storage in a four-sided opaque area.
Vice Chairman Thomas called for public comments, however, no one came forward to speak.
Upon motion made by Commissioner Light and seconded by Commissioner Gouchenour,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommended
approval of Conditional Use Permit #20-04 of Stephen and Jessica Swiger for a landscape contracting business
at 4552 Martinsburg Pike (Rt. 1 I N) with the conditions recommended by the staff and an additional condition
addressing the screening of any piles of grass clippings, brush, or tree trimmings on site, as follows:
1. All review agency comments and requirements shall be complied with at all times.
2. No more than eight employees, five business vehicles, and three trailers shall be allowed on site as a part
of this conditional use permit.
Any expansion or change of use, including any increase in number of employees or equipment, will
require a new conditional use permit with an engineered site plan.
4. No sale of nursery stock will be allowed on site.
5. Screening consisting of either a six-foot opaque fence or a double row of evergreens shall be planted in
order to screen all materials and vehicles from adjacent properties.
6. Piles of dead grass clippings, brush, and/or tree trimmings shall be stored within a four-sided, opaque -
fenced area or disposed off-site.
(Please note: Commissioners Rosenberry and Triplett were absent; Chairman DeHaven abstained.)
-------------
Chairman DeHaven resumed the chair at this point in the meeting.
PUBLIC MEETING
Master Development Plan 909-04 of Hamilton Court, submitted by Painter -Lewis, P.L.C. for townhouses
and one single-family residential lot. This property is located along Fairfax Pike (Rt. 277), near the Town
of Stephens City, and is identified with P.I.N.s 86-A-89 and 86-A-90 in the Opequon Magisterial District.
Acton - Recorru ended Approval
Planning Director Eric R. Lawrence stated that the preliminary master development plan
proposes up to 45 townhouses and a single-family lot on approximately 6.461 acres of land zoned RP
(Residential Performance) District. Director Lawrence said that storm water management is proposed to be
Fredrick County Planning Commission Page 1384
Draft Minutes of September 15, 2004
— 4 —
provided in the open space area, in underground storage areas. He said the applicant has also been able to resolve
some of the other storm water and drainage issues in this area of the County. Director Lawrence pointed out that
adequate right-of-way to accoiiu-nodate u c Route 277 road iai.provements will be provided and the applicant will
provide continuation of a bicycle trail to adjacent properties.
Mr. Tim Painter of Painter -Lewis, P.L.C. stated that they are simply in -filling a townhouse
project that is surrounded by other townhouses. Mr. Painter explained the details of the proposed underground
storm water management plan for this project. He described the 20 -foot space reserved around the perimeter of
the project to be used to collect, control, and to convey storm water coming onto the site; he described the transfer
of water through the site to the underground storage system where it would be released at a controlled rate. He
explained how they are working with adjoining property owners to re -grade and install culverts in order to redirect
water into their storm water management system to alleviate wet -weather ponds.
Commission members commented that this site appears to be currently used as a storm water
management pond by the surrounding developments. Commission members had questions for the applicant
concerning details of how the system would work and where the water would be discharged. Commissioner
Thomas noted that a well was shown on the plan to serve the single-family home. Mr. Painter believed the
dwelling was on county water and sewer. Commissioner Thomas asked the applicant if he would commit to
connecting the dwelling to county water and sewer, if it was not already; Mr. Painter said that he would.
Chairman DeHaven called for public comments and the following persons came forward to
speak
Ms. Mary Kieter, a Lexington Court homeowner, said that it appears there will be a benefit to the
applicant's proposal; however, she still had concerns about the work being done correctly. She said that
Lexington Court already has drainage problems. Ms. Kieter said that when it rains, the east side of the
neighborhood has ponding water that lasts for days. She said the applicant is proposing to remedy the water run-
off problem for the first six townhouses, however, there was a very large drainage easement behind the last eight
townhouses.
Ms. Elizabeth Peachywood, a homeowner in Lexington Court, said that she owned Lots 149,
148, and 150. Ms. Peachywood described for the Commission how the water runs through the backyards of her
homes on Lots 148 and 149 when it rains. She said the water was swift, deep, and the ponds of water remain for
days. She believed it was dangerous for the children in the area and she wanted to have the use of her back yard
again. She also mentioned that it was unsightly and caused the proliferation of mosquitoes. Ms. Peachywood
believed that the applicant's proposal would improve the drainage, but she wanted to be sure that it would take
care of the problem.
Commissioners further questioned the applicant on the storm water management plan so they
could be assured that drainage problems were not going to be a future issue. The emergency vehicle tum -around
area was discussed, as well as the issue of the single entrance into the development.
Upon motion made by Commissioner Thomas and seconded by Commissioner Ours,
RF IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of
Master Development Plan 409-04 of Hamilton Court, submitted by Painter -Lewis, P.L.C. for townhouses and one
single-family residential lot to be located along Fairfax Pike (Rt. 277).
The majority vote was as follows:
Fredrick County Planning Commission Page 1385
Draft Minutes of September 15, 2004
— 5 —
YES (TO APPROVE): Straub, Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Fisher
NO: Gochenour
(Please Note: Commissioners Rosenberry and Triplett were absent from the meeting.)
OTHER
Chairman DeHaven announced that the Rural Areas Study Group will meet on Monday,
September 20, 2004, at 7:30 a.m. in the Planning Department, in lieu of the regular Tuesday morning meeting.
He also announced that the Board of Supervisors and Planning Commission joint work session will be held on
Tuesday, September 28, 2004 at noon in the Board of Supervisors' meeting room.
ADJOURNMENT
No further business remained to be discussed and the Planning Commission adjourned by a
unanimous vote at 7:45 p.m.
Respectfully submitted,
Charles S. DeHaven, Jr., Chairman
Eric R. Lawrence, Secretary
Fredrick County Planning Commission Page 1386
Draft Minutes of September 15, 2004
r.
•
•
C°G� CONDITIONAL USE PERMIT #14-04
w CINGULAR WIRELESS - SHENANDOAH UNIVERSITY
Staff Report for the Planning Commission Meeting
" Prepared: September 28, 2004
I)lR
Staff Contact: Mark Cheran, Zoning & Subdivision 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: 10/20/04 Pending
Board of Supervisors: 11/10/04 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
September 28, 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.
City 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
be in conformance with Section 704 of the Telecommunication Act of 1996. In evaluating this
CUP #14-04, Cingular Wireless — Shenandoah University
September 28, 2004
Page 3
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 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 10-20-04 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.
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.
LS
W
VA
1.
Map Features
C3131 (Business, Neighborhood District)
CUP #
14 -
04 C i n g u l a r Wireless
����82
PCUP 14-114
ondsLakes/P
(Business, General District)
33 (Business, Industrial Transition District)
S.U.
(64 A 110 )
%�/ streams
OParcels
V21 City / Town BoundaY
r_M (Eidr trva Manufacturing District)
HE (Higher Education District)
M1 (Induslnal, Light District)
�Rl (Residential Planned Community District)
R5 (Residential Recreational Community District)
N
0 0.5 1 2
M2 in dust dal, General District)
(Mobile Home Community District)
SMStMedical
RA(Rural Areas District)
RP (Residential Performance District)
W E Miles
S
Support District)
F f _ {fir, �� dy I � }•.11.ry i � � Q� � � `�Y�.. � `
t tl
j
S V v .,�} i A�. q! R e 9� 11 {� �' •�`.( .A i n ����„1 � ��f °F
41111
f ,
r, F � r°i��R .. j � �, i"v.�{y�'� •Ylw �� `-r 'f 15� �� �-a'� .�I
yS"""'.7l
,,r F d
Y .
00
lip
Oe
A V
, §
L
;.`
OF
y y
-17low
,, A? s F t � + : 1 i :• F � �'%`{��,�,�y,r�:�'".,.° r * qr'.� � i �^ der„
Submittal Deadline ,ZS ��-✓ liq
P/C Meeting / U � C� lei,
BOS Meeting % ko 7,1d
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant The applicant if the owner V other)
NAME: 1
ADDRESS: :S�
TELEPHONE
2. Please list all owners, occupants, or parties in interest of
the property:
A
W"J+ CJ' Oaf ' A 1)1)-W l
3. The property is located at: (please give exact directions and
include the route number of your road or street)
4AI (.f it I U tau � e (AS (q
0\ 4) =f L5)( UVA'k
by P()�y tl k (f)A It : (lr► I� Q U-1141 I � C� ��6CC�1 �2- �1�V1 SVS -61 �
4. The property has a road frontage of feet and a
depth of feet and consists of _ acres.
(Please be exact) I�, ^,� �� ac2.'6
5. The property is owned by�I, �1ilv�(jl as
evidenced by deed from E recorded
(p evious owner)
in deed book no. on page 14 as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick. -t' , (�*�o
6. 14 -Digit Property Identification No.
Magisterial District
Current Zoning N
7. Adjoining Property:
USE
North
East
South
West
ZONING
8.
9.
The type of use proposed,is (conssuurlt ith the Planning Dept.
before completing) ��
nJ Ala.
It is proposed that the following buildings will be
constructed • 10 , X ao l x 1 U hal h Dt A -Q, -W
A
'-
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 " � M � ADDRESS
�� i ( �1�511� Yr ��ir �
PROPERTY ID# 12 14
NAME i'��ii c���2Ake" C ADDRESS
PROPERTY ID# L4 12 3 -Ae
NAME cl l r1 5 . ,1 f 1111 ' 7 ( Al'A CA- ADDRESS
PROPERTY ID#
NAME 1, C'� A �� .�? � ` ' JdI&RESS
j
PROPERTY ID#
NAME T(u��r. Vill `� I�IG�ADDRESS
PROPERTY ID#"f A
NAME ��,1r1l1� �1 I ADDRESS
PROPERTY IDI ,n
NAME Lt" ADDRESS
PROPERTY
II ii t
ADDRESS
NAME
PROPERTY ID#
ab
NA da6o-2
f j I Fla t �. IJP
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.
s� a�hp d clva��n�s
7150 STANDARD DRIVE,
HANOVER, MD 21076
DATE:JUNE 2004 1 SITE: 12760-1030
VIEW 1 - EXISTING
LOOKING NORTH AT THE FOOTBALL STADIUM
& /,SSOCIA'T-E-S LLP
ENCAIEEPS. I;LANNERS &
LANDSCAPE APCHITECTS
101
A
7150 STANDARD DRIVE,
HANOVER, MD 21076
DATE:JUNE 20041 SITE: 12760-1030
VIEW 1 - PROPOSED
LOOKING NORTH AT THE FOOTBALL STADIUM
PROPOSED MONOPOLE
LL
ENGINEERS. PLANNERS &
LANDSCAPE ARCHITECTS
7150 STANDARD DRIVE,
HANOVER, MD 21076
DATE:JUNE 2004 1 SITE: 12760-1030
VIEW 2 - EXISTING
LOOKING NORTHWEST AT THE FOOTBALL STADIUM
F.ARlE30U r-,
- � ASSN �/AT EES LLP
- - ENGINEER- PLANNERS &
.... - LANDSCAPE ,?,RCHITECTS
1
om
7150 STANDARD DRIVE,
HANOVER, MD 21076
I DATE:JUNE 20041 SITE: 12760-1030
VIEW 2 - PROPOSED
LOOKING NORTHWEST AT THE FOOTBALL STADIUM
PROPOSED MONOPOLE
-
ES LLP
- ENGINEERS, PLANNERS &
LANDSCAPE ARC"tTECTS
' VIEW 3 - EXISTING
A LOOKING SOUTHWEST AT THE FOOTBALL STADIUM
7150 STANDARD DRIVE,
HANOVER, MD 21076 & A SS0ClA-F ES LLP
EVPLANNERS
DATE:JUNE 2004 1 SITE: 12760-1030 LANDSCAPE ARCHITECTS
VIEW 3 - PROPOSED
LOOKING SOUTHWEST AT THE FOOTBALL STADIUM
&
PROPOSED NOPOLE
M
7150 STANDARD DRIVE, - ...al 0UGH, HAPU30UP,
HANOVER, MD 21076 .S S CIATE S LLP
DATE:JUNE 2004 SITE: 12760-1030 Lan DScaPE' ALRCHIITE'ECTS
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.
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
Special Limited Power of Attorney
t County of Frederick, Virginia
,n
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) )J\01 &nJ U(Lk �,}�11 � ISS 11'(i (Phone) SJ40 (o J rJ %
(Address) ) 4 �o Ukp a� JS1A—
the owner(s) of all those tracts or parcels of lil ("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. 5-J � on Page _3!4 , and is described as
Parcel: I Lot: Block Section: Subdivision:
do hereby make, constitute and appoint:
(Name) li( i q 0A (Phone) D117J 17 q66
(Address) 0 / 5 6 Sf" C[d r/c If of UL 1() �wr , r it b ,� i ag (P
To act as my true and lawful attorney -m -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 a.nd Final)
❑ Subdivision
5< 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 her set my (our) hand and seal this 2- day of , 200
Signatuxe(s)
State of Virginia, City/County of ,,Ce C( Y1 C, 4c , To -wit:
I, L -W K c lau 1 je , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s)
who signed to the foregoing instrument and who is (are) known to me, personally appeared before me
and has acknowledged the same before me in the jurisdiction aforesaid this�2 "`day of ���Q , 200 �{
fJ , --7(/
,Zfz My Commission Expires: /6��j`f6k
Public
xcingular
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
cingu ar
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 Aj az 6/22/04
RF Engineering Manager - Cingular Wireless
Telephone: (410) 712 7815
cl
, Mtdd e d
6�9
Cedar
50
�p
O<O Al
d;
Proprietary a
VVashingt®n - Baltimute Cinguler Wireless
�d
TIO AL FRUI VA10
wNO
COS, sfd
�Ad
o
CO
Gsyy
rA o�7`A y
YES
VA10
r
A
N
.y
•• lar fireless and Ruth
VA10
,e�Y 657
A GSM On Air Sites
GSM Existing Coverage
17
N
Viddke Rd
Washington - Baltimore .ngular Wireless
erage wan proposed �uhenanaoan u
X
5? X25
:N
COOQ
Cedar Creek Grade
99
�a
Proprietary
site
X
Proposed Shenandoah University Coverage
GSM Existing Coverage
A GSM On Air Sites
alar ireless and
T
Clients ly►
a
17
x cingular .
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 181. 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 1-81. 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 81 S, 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).
RECEN ED
jt11_ 19 2004
FREDERIC,B(C'OUZY
PLANNING & DEVELOPMENT
Page 1 of 2
Cingular Wireless 7150 Standard Drive • Hanover, MD 21076
xcingular
fits you best="
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.
0
t
Haroon Ajaz 7/15/04
RF Engineering Manager - Cingular Wireless
Telephone: (410) 712 7815
ED
.... E
Page 2 of 2
it is 19 2004
_ i.r1J�l4`f
Cingular Wireless 7150 Standard Drive • Hanover, MD 21076
CO
Washington - Baltimore Cingular Wireless
i oiacommunlcauon rowers ano votentiai candidates near Shenandoah Search Area
AL GSM On Air Sites
GSM Existing Coverage
�N
N 10 AL FMIT t10
T isi- N v Aid wor 1 Wons Fru
ite Soiuti
Shenan Q4 0 or V& 11 S
NC Radian Shone i9n
�. sf
8eI114 ° r Country Club
ire
Shonandoa hontei Stadium
Cade r Sid Xon MNC R VA10
Mogul Fri tion Riad
Wit on ut n � �' tate Nv
G MAE v kaoir 4okffzo
VA 10
0 2
Ing ba _ m
ProprietaryrQn i� alar fireless and Auth ri d Clients n
FIG 2
Washington - Balt re Lingular Wireless
Existing Coverage with V AZT LPTV AM Tower
Rd
P.
RF
RR
Cedar Creek Grade
/VA1N0
Confidential. Cingu Rr
A10 R` G
co
�o
and
VA10
re Hwy 657
cl
GSM On Air Sites
WATT LPTV AM Tower Coverage
Existing GSM Coverage
7
FtG 3
Washington - Baitimarc, Aguiar Wireless
Meting Coverage with WINO Radio 'mower
Stat
A GSM On Aur Sites
WINC Radio Tower Coverage
9 Existing GSM Coverage
co
spa
X XX
1 Ali 0 6
5
TE E S \ VA10
a /O`Q- for Rd o Tas
M�ddXe Ftd �m a d / ke�Rd
Confidential; Cl
sy t� tate Hwy 657
�2
a
�o
J�
s�teh
mil
reless and Ruth rized Clie 0n
do
e�
17 1
a
Viddte
Wa-shington - Baltimo, singular Wireless
txIsting Coverage with Shenandoah Mobile Tower
Stat
GSM On Air Sites
K� Shenandoah Mobile Tower Coverage
e ywy
6-9 Existing GSM Coverage
Y
FRUI VA10 S
g o
aSt a'a IF
?S e �A R , S4a��y c 'S
0
011
?
?� X c
nXNN
X �
Cedar Creek Grade g .WING ERS VA10
Gd,
y tate Hwy 657
= a
ateh,
TE E S VA10 411,)2
3
d�
for Rd o ra d ap
Skej'R
a
Rropriet1- and Confidential: Cingu to reless and AU!' rued Cl
ie Qn
7
Washington - Bsitimort aguiar Wireless
FIG 5 Existing Coverage with ftoneys Sign Coverage
Washington - 8, _,mare Cingutar Wireless
CO
Rd
i
Cedar
6�9
Washington - BaltlmoN angular Wireless
with Cracker
TIO7—
NAL FRUI VA10
a, -
CT sfa
o
Q\gym
CO Ckor sign
Gsti
�2
= a
CO
\Cb N
T E S TY VA10
Confidential: Cl
co
sfafe
k
and
VA10
F�WY 657
GSM On Air Site
Cracker Sign Coverage
Existing GSM Coverage
VA
Washington - Baltimore C►, , jiar Wireless
FIG 9 Existing Coverage with Exxon Sign Coverage
Fie 10
m
Cedar
6�9
Washin9pn - Baltime Angular Wireless
txIsting
50
wT
c?)
with pito 501utions
3i ii3 co,
nd Confidential:
Ak GSM On Air Sites
Site Solutions Coverage
Existing GSM Coverage
1
17
AM AWN...ate
AIRSPACE
SAFETY
#%
ANALYSIS mum
CORPORATION
Because you want it 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: 078° 09' 44.90"
NAD 83
Surface Elevation: 611' to 779' AMSL
Tower Height: 320' AGL
Overall Height: 93l' 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
,903 Phoenix Boulevard, Suite 250, Atlanta, Georgia 30349
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 305.260 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.
AAM BROApcAST STATION IMPACT_
SPI 47438-01
Page 4
FCC rules protect existing A1u- 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
I . 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 305.260 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 (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 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
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
t4r7%i7
t+'��
4 l '�1' f T tl - s- T �T >t h -: "r'-'.• - -
��`'d
a ` _ ' `}��.h't r - ` �`_` �y`'ft i. J S .Y•[ 7 o ws., '+ , �T -f`,' �'• Y'.: '� T-•�j{ T _ c•� w.
i tr
i' a-3� ,`',`` 4- , n - • ^' Q +Ji t -f' %v� k t 1_ I r .. {t_¢ fir ., u'� Y1� I f r• +.� ;) ,r S• ,ti's' .7'+ ' 1 �.n' t�O,
+� �,.c � ''i..e'• � +: q=: r ��Ef ='' 7 �y.+y I '� J x� � f � f J .4ta i?amcstl� 1Crrl rti"d n = t �� � r5lr
y • .�h � r, . B[[af, �3' :_ ,]:,• _r er:.h +4 4:� �} F'a:~ i r b' .F' - _ ldL�i'r � ^^t.�',T - .•'�'` � �i J .
I 3 'f' !}•F � Y ]� ] . �S I
�I , tfj ��ta ;"- 5,3"-ir va +t'xr ai tt- � r '. 4 +i`4tj_,FI �'. ... ri I ,ryTi ' :,k :• ,'n�,�..�-�•i-'. `�.'" %rti, �`li+i
{:jz, r 1
Jr 4<'r
i r t J
Search Area Conorqtr
r as, tifb�.t } bW 9' 12.4
,-h.w.'.r; -I ♦r Q �, 5 a }' r i $ 9 44 g
`i -t f`h 7r ,, i f y N•,�4Zl:E '�i` r1 (:tt + '' �l .'I �'.h`
I N!+ NAD
�r a ,-r � y:. � �� 3 �r" �� �, 1 b, ,y �'t iF�' � . � rr �' ��r'iJ I r" _ `� 1 d" i•JhM�' .�}�, '�'k`\t"' l',•`
"s"":."��'�v '4 u;•.'•I'� 4 � d 47+{ 5kt �.3.�% .' r' s'�,'•.�,�nCi4�l. ;r� }:;.'.� t -s" "` ��i �•..-'�-.
Yik3A •.i,. s t •� Yrs�A�_ . _ l;w'
;��~} ���yre;+[Y^, ,� ,j�. r"!�• TIT k,
S
V.
''00
IN 77
.(r'"t ,,.►'.=J. .:k S '�,•tt� ,I,1 r,r' SZ'1 r.. i�n�r .xr At'
rY {� LF? �1�M:4 :'•"� ��" �„x"+r � f �`ra,�h. • ' � ,-- �i F���1 r� � �', � �.K' " �':krf'�"Gi h - ,. � "'� �' ,J
Vii' r h `%rri c -- io
M7fi t xar cf
AI�fISL x" `
x• v� -S s ;a f. x r '�.. `y _ r �' r �' i x ti- r
SL].�r'`"'�'' tf? •»r ^k r� ` �f j - ,�i y. rh - `'t,.� r ' -I i+, l:?,. i;
3�fiz;.,:F- Ny'• �:
� 'Y' F ' ,� ti r � � - - •�-a rt i• '^c, J � ^
IT
^_ >f -k.4 � i fJ}�N _ '.13� ! .. � w!� • � � r..'�.F �f A ,w •' I'.
17
i..: ti IJ s^ s •� � � �� `y i�, f 1 ,j l � rJ ti . �'r -fir' -r -� n % � 4 r,� '4 -
:.1. �rY r't�i�'J r''•- i r -h S'°, �, - � �w•.i h'i, I x+�' � '+�
$i.ttll r r'K� 4 Srlt r. r arr
,,�� n'+,• fJ !Y I I '�F �- ems'" -i-`, -_4 � � ^>`e,t,r�. � Y :i r'" '7�•"v ,:
1145'fy`g, _ e
t -
g4 -W rr'`wD � l 'j r •t. �': � � 4 1 i,��� � r'� t-rs+aSr
CrZx:
'.y �i5. �;• '` �i.Q * S£ � � } � -F I i _�-'� �J ,d � '� 1 �'� i;-C�� I rlpi ,� � -�_ I r u�,c+r�,G� q=.
y.►�.. i 11 { qoJ( - , Ir j �.2w. �J S x47 "t.
: k. •:s t[ �. I{ �`qr� sj y}� t a .yam � .'', 1 I � W+•; �,r. �rJ �,, i
IN
i .. -.- � +� ;: >• ;:'C f. �ti i �4 ,. ...', U r 1 t f � II ,A" `" 4i�'C `r�' '7 { I
`Winchester,VA fa'`�a
4 --
7.5' Quadrangle •, ,i= I\! 1'h+:.. * v` 1w
-J, r' ` . - a - �.+T �. ,tl +3" ,gym '' ` MR— -'e'.,+' i'�a, y a
rJ, it ' • f { . rJ� Y ,. �..� 511+`4f"• - - ., '6 * 2 � L � ¢ -_ 1: ✓ Y! � "r � :Mie, �. .
��. {9",� .- i'•s -- 'a.. '•,.., .. _ I JYP 7• w hz�k El �� � �}
F-
�..`..4��� I ��* y�', ., w'`, I� � � �� 4 � Y" r' a x -`s } ,Y° { - �"" - I 1 � r ✓ ,^��'
:L' s fri•.
r 7-
14.;
I SITE INFORMATION I
Xcina.ularTM
WIRELESS
PROJECT NAME: SFENANDOAH UNIVERSITY SITE ID#1253
PROJECT TYPE NEW COMMUNICATION TOWER
PROJECT LOCATION: 1460 UNIVERSITY DRIVE
WINCHESTER, VA 22607
L.IIV 17ULAK VVIKtLtJJ
CONSTRUCTION APPROVAL
CINGULAR WIRELESS
RF APPROVAL
I UNIVERSITY APPROVAL I
MAY 26, 2004
OWNER:
SHENANDOAH UNIVERSITY
FROM STANDARDDRIVE TAKE MD -100 W. MERGE ONTO
SHEET
NO:
1450 UNIVERSITY DRIVE
REVISION HISTORY
NO: DATE
ONTO US -340 W, EXIT 52. TOWARD
MANCHESTER, VA 22601
CHARLESTOWNAEESBURG. MERGE ONTO US -340 S.
SITE I.D./:
1253
EXISTING CONDITIONS
SITE NAME:
SHENANDOAH UNIVERSITY
ONTO UNIVERSITY DRIVE.
APPLICANT:
CINGULAR WIRELESS
-
PROJECT DESCRIPTION
7150 STANDARD DRIVE
THIS PROJECT WILL INSTALL NEW
_
HANOVER. MD 21076
TOWER ELEVATION & DETAILS
SITE ADDRESS:
1460 UNIVERSITY DRIVE
BE INSTALLED ON THE TOWER. ONE 10.20' EQUIPMENT
STRUCTURAL DETAILS
WINCHESTER, VA 22601
05 / 26 / 04
COUNTY:
FREDERICK
WITHIN THE SITE.
LATITUDE:
39' 9' 55.9'N
_
LONGITUDE:
78' 9' 13,8'W
C06
ZONING CLASSIFICAnON; HE
2.
ZONING ,JURISDICTION:
FREDERICK COUNTY
RE SCHEOULE & DETAILS
TAXMAP:
64-A-110
COB
AREA OF CONSTRUCTION: t 300 .1
2
ENGINEER:
CLOUGH HARBOUR & ASSOCIATES LLP
SEDIMENT & EROSION CONTROL PLAN
2
10800 MIDLOTHIAN TURNPIKE. SUITE 303
RICHMOND, VA 23235
CIO
CONTACT:
WILLIAM L RUCH 111, P.E.
a
PHONE:
(804) 897-3564
Xcina.ularTM
WIRELESS
PROJECT NAME: SFENANDOAH UNIVERSITY SITE ID#1253
PROJECT TYPE NEW COMMUNICATION TOWER
PROJECT LOCATION: 1460 UNIVERSITY DRIVE
WINCHESTER, VA 22607
L.IIV 17ULAK VVIKtLtJJ
CONSTRUCTION APPROVAL
CINGULAR WIRELESS
RF APPROVAL
I UNIVERSITY APPROVAL I
MAY 26, 2004
DRIVING DIRECTIONS
INDEX
FROM STANDARDDRIVE TAKE MD -100 W. MERGE ONTO
SHEET
NO:
US -29 N/COLUMBIA PIKE. MERGE ONTO 1-70 W. MERGE
REVISION HISTORY
NO: DATE
ONTO US -340 W, EXIT 52. TOWARD
PALE SHEET
CHARLESTOWNAEESBURG. MERGE ONTO US -340 S.
OS / 26 / O{
MERGE ONTO VA -7 W TOWARD WINCHESTER. MERGE
ONTO 1-81 5 TOWARD ROANOKE. MERGE ONTO US -17
EXISTING CONDITIONS
N/MILLWOOD AW/US-50W, EXIT 3138. TURN RIGHT
05 / 26 / 04
ONTO UNIVERSITY DRIVE.
SITE PUN
2
-
PROJECT DESCRIPTION
-
THIS PROJECT WILL INSTALL NEW
_
NI
TELECOMMUCATIONS EQUIPMENT AT A PROPOSED
TOWER ELEVATION & DETAILS
TELECOMMUNICATIONS SITE. TWELVE ANTENNAS WILL
05 / 26 / 04
BE INSTALLED ON THE TOWER. ONE 10.20' EQUIPMENT
STRUCTURAL DETAILS
SHELTER WILL BE ADDED TO THE SITE. ASSOCIATED
05 / 26 / 04
POWER AND TELEPHONE CIRCUITS WILL BE ADDED
STRUCTURAL DETAILS & NOTES
WITHIN THE SITE.
Xcina.ularTM
WIRELESS
PROJECT NAME: SFENANDOAH UNIVERSITY SITE ID#1253
PROJECT TYPE NEW COMMUNICATION TOWER
PROJECT LOCATION: 1460 UNIVERSITY DRIVE
WINCHESTER, VA 22607
L.IIV 17ULAK VVIKtLtJJ
CONSTRUCTION APPROVAL
CINGULAR WIRELESS
RF APPROVAL
I UNIVERSITY APPROVAL I
MAY 26, 2004
DO NOT SCALE DRAWINGS
CONTRACTOR SHALL VERIFY ALL PLANS & EXISTING DIMEN51ONS &
CONDITIONS ON THE JOB SITE & SHALL IMMEDIATELY NOTIFY THE
ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING
MATH THE WORK OR BE RESPONSIBLE FOR SAME
VA MISS URLITY OF VIRGINIA
SAVE BIG, CALL BEFORE YOU DIG,
1-800-552-7001
X cingular
VelOciTel
L�
CLOUGH.HARBOUR
6 ASSOCIATES LLP
121..
vAIOJOf
-NIfi01
NO. SUBMITTAL
m�'eaf lA�.• GLL . .,
11 A"Y 1111
SIZE ID:
CINGULAR # 1253
SITE NAME:
SHENANDOAH UNIVERSITY
SITE ADDRESS:
1460 UNIVERSITY DRIVE
WINCHESTER, VA
22601
FREDERICK COUNTY
SHEET DRE
TITLE SHEET
SHEET NUMBER
01
DRAWING
INDEX
SHEET
NO:
SHEET
TITLE
REVISION HISTORY
NO: DATE
TOT
PALE SHEET
2
OS / 26 / O{
$01
EXISTING CONDITIONS
2
05 / 26 / 04
S02
SITE PUN
2
05 / 26 / 04
C01
ENLARGED SITE PUN
2
05 / 26 / 04
CO2
TOWER ELEVATION & DETAILS
2
05 / 26 / 04
CO3
STRUCTURAL DETAILS
2
05 / 26 / 04
C04
STRUCTURAL DETAILS & NOTES
2
05 / 25 / 04
COS
STRUCTURAL NOTES
2
05 / 26 / 04
C06
GENERAL NOTES
2.
DS / 26 / 04
C07
RE SCHEOULE & DETAILS
2
05 / 26 / 04
COB
SEDIMENT & EROSION CONTROL NOTES
2
05 / 26 / 04
C09
SEDIMENT & EROSION CONTROL PLAN
2
05 / 26 / 04
CIO
SHELTER LAYOUT
2
05 / 26 / 04
EOI
POWER & TELEPHONE PLAN
2
05 / 26 / 04
E02
GROUNDING PLAN
2
05 / 26 / 04
E03
ELECTRICAL DETAILS
2
05 / 26 / 04
E04
ELECTRICAL DETAILS
2
05 / -26/ 04
E05
ELECTRICAL OE ILS
2
05 / 26 / 04
EDO
ELECTRICAL DETAILS
2
05. / 26 / 04
E07
ELECTRICAL DETAILS
2
05 / 26. / 04
E06
ELECTRICAL SPECIFICATIONS
2
05 / 26 f 04
DO NOT SCALE DRAWINGS
CONTRACTOR SHALL VERIFY ALL PLANS & EXISTING DIMEN51ONS &
CONDITIONS ON THE JOB SITE & SHALL IMMEDIATELY NOTIFY THE
ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING
MATH THE WORK OR BE RESPONSIBLE FOR SAME
VA MISS URLITY OF VIRGINIA
SAVE BIG, CALL BEFORE YOU DIG,
1-800-552-7001
X cingular
VelOciTel
L�
CLOUGH.HARBOUR
6 ASSOCIATES LLP
121..
vAIOJOf
-NIfi01
NO. SUBMITTAL
m�'eaf lA�.• GLL . .,
11 A"Y 1111
SIZE ID:
CINGULAR # 1253
SITE NAME:
SHENANDOAH UNIVERSITY
SITE ADDRESS:
1460 UNIVERSITY DRIVE
WINCHESTER, VA
22601
FREDERICK COUNTY
SHEET DRE
TITLE SHEET
SHEET NUMBER
01
APPROX.
TRUE
pPPRDX N
MP°
N
MAPPING NOTES
1. BASEMAP INFORMATION OBTAINED FROM THE FREDERICK COUNTY DEPARTMENT OF PLANNING
ON MAY 25, 2004.
2. NORTH ORIENTATION BASED ON NOTE NO. 1
3. SUBJECT TO ANY STATE OF FACTS THAT AN ACCURATE BOUNDARY SURAY
WOULD DISCLOSE. PROPERTY LINES ARE ONLY SHOWH AS APPROKIMATE.
4. SURACT TO ANY STATE OF FACTS THAT AN UP-TO-DATE ABSTRACT OF
TITLE WOULD DISCLOSE.
5. SUBJECT TD ALL RIGHTS, EASEMENTS. COVENANTS OR RESTRICTIONS OF RECORD.
6. A BOUNDARY SURVEY WAS NOT PERFORMED BY CLOUGH. HARBOUR k
ASSOCIATES LLP IN CONJUNCTION VATH THE PREPARATION OF THIS SITE.
7. NOT TO BE USED FOR LAND TRANSACTION PURPOSES.
C� EXISTING CONDITIONS
PARENTPARENT PARCE_OWNER.
10 OWNER: SHENANDOAH UNIVERSITY
1460 UNIVERSITY DRIVE
WINCHESTER, VA 22601
TAX MAP/PARCEL: 64 A 110
DEED BOOK_ PG:
553-314
ZONING: HE
ARES ACRES
ADJACENT PAR OWNER
02 OWNER: SHENANDOAH UNIVERSITY
1460 UNIVERSITY DRIVE
WINCHESTER, VA 22601
TAX MAP/PARCEL: 54 A 141A
DEED BOOK_ PG:
656-256
ZONING: HE
AREA: 7.50 ACRES
03 OWNER: 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: 115 ACRES
SO OWNER: HAINES, JOHN k PAMELA
114 PRICE DRIVE
WINCHESTER. VA 22602
TAX MAP/PARCEL: 64A 12 3 209
DEED BOOK_ PG:
756-1448
ZONING: RP
AREA: NO DATA
O6 OWNER: GOCHENOUR, ROBERT @ JACQUELINE
111 PRICE DRIVE
WINCHESTER, VA 22602
TAX MAP/PARCEL: 64A 12 3 210
DEED BOOK -PG: 728-1466
ZONING: RP
AREA: NO DATA
DOWNER: HOVATTER, 014A CARLTON do MARGARET
105 PRICE DRIVE
WINCHESTER, VA 22602
TAX MAP/PARCEL: 64A 12 3 211
DEED BOOK _PG:
755-1435
ZONING: RP
AREA: NO DATA
OOWNER: 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 STE U
HARRISONBURG, VA 22801
TAX MAP/PARCEL 64 A 107
DEED BOOK -PG: 624-504
ZONING:B2
AREA: 1.13 ACRES
O10WNE
OR: MILLWOOD, LLC
1323 JAMESTOWN RD STE 101
WILLIAMSBURG, VA 23185
TAX MAP/PARCEL: 64 A 107A
DEED BOOK -PG: 954-1468
ZONING: 82
AREA: 3.22 ACRES
FOR INFORMATION ONLY
X cingular-
WIR
VelociTel
LHA
CLOUGH. HARBOUR
6 ASSOCIATES LLP
12160 - IOJOf N1601
INO.I SUBMITTAL
1 04/23j04 85� CAD
r " IJCH III
I.
F:jrll Jrsjl� N%,�j � 5 ui
A3 .a
SITE 10:
CINGULAR # 1253
SITE NAME:
SHENANDOAH UNIVERSITY
SITE ADORES&
1460 UNIVERSITY DRIVE
WINCHESTER, VA
22601
FREDERICK COUNTY
SHEET TITLE
EXISTING CONDITIONS
F`�77
APPROX.
TRUE /
EXISTING PLAYING FIELD-
APPRGX.
MAG.
N
EXISTING BLEACHERS
APPROXIMATE
\ PROPERTY LINE
go
x_
TECECODUUN/CAT/ON/
\ SITE -(SEE CO7) —/
1 SITE PLAN
GRAPHIC SCALE
30 0 15 30
T.GI
EXISTING PRESS
FOR INFORMATION ONLY
Xcingular-
VelociTel
��
CLOUGH.HAPSOUR
S ASSOCIATES LLP
12160. eR10D0 r -N 1601
NO. SUBMITTAL
fp;&L: HUGH 111
/Pm C3
"tZ�.I I A LVie.
ZI
61TE io:
CINGULAR N 1253
--N E:
SHENANDOAH UNIVERSITY
STE ADDRESS:
1460 UNIVERSITY DRIVE
WINCHESTER, VA
22601
FREDERICK COUNTY
SHEET TIRE
SITE PLAN
SHEET NUMBER
SO2
•
C�
J
Coa CONDITIONAL USE PERMIT #23-04
Ww �� CANDY HILL CAMPGROUND
Staff Report for the Planning Commission Public Hearing
w ® Prepared: October 6, 2004
St 1 Zvi�tu�.t. laviu M. a iiam;no, i rani��i i
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: 10/20/04 Pending
Board of Supervisors: 11/10/04 Pending
LOCATION: Route 50 West, one block west of Route 37, on Ward Avenue (Route 1317).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER(s): 53 -A -86A and 53 -A -86B
PROPERTY ZONING & PRESENT USE:
ADJOINING PROPERTY ZONING & USE:
Zoned: (RA) Rural Area District
Land Use: Campground
Zoned: (RA) Rural Areas
Land Use: Residential, Golf Course,
Livestock Exchange
PROPOSED USE: Expansion of an existing Conditional Use Permit.
REVIEW EVALUATIONS:
Vir inia Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 1317, 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 #23-04, Candy Hill Campground
October 6, 2004
Page 2
Fire Marshall: Additional plans required for kitchen set-up. Plan approval recommended.
Inspections Department: Building shall comply with the Virginia Uniform Statewide
Building Code and Sections 303, group A (Assembly) of the International Building
Code12000. Other code that applies is CABO A117.1-98 Accessible and Usable Buildings
and Facilities. Structural plans submitted for permit application for the assembly area shall
be sealed by a Virginia Licensed Design Professional. The catering kitchen can be classified
as use group F (Factory) in the IBC. Please note the requirements in the International
Plumbing Code for a grease interceptor on the kitchen waste.
Please note the requirements in Chapter 17 of BOCA for special inspection requirements on
the type of structure. (Soils, concrete, etc.)
All required egress from the new structure shall be HC Accessible to min. exterior landing.
Building addition shall be on accessible route. HC parking shall not exceed 2% across the
unloading area and min. 8' with 8' stripped Van Accessible space required. Please confirm
max. 5% slope on accessible route from parking to building. Not shown on plan at this time.
Health Department: The Health Department has no objection to the proposed additions to
Candy Hill Campground.
Planning and Zoning: This application is for a pavilion expansion inside a campground
with a pre-existing Conditional Use Permit (CUP #21-79). A campground is an allowed use
in the RA (Rural Area) Zoning District with an approved Conditional Use Permit.
The pavilion expansion totals 1480 square foot (37 x 40) and will include two handicap
accessible restrooms, one handicap accessible shower room, a kitchen and cooking
equipment for the purpose of catering meals or events associated with the camping guests,
and extra pavilion open space. No additional changes will be made involving the number of
guests allowed under the original Conditional Use Permit. No new campground pad sites will
be added as a part of this Conditional Use Permit.
CUP #23-04, Candy Hill Campground
October 6, 2004
Page 3
Staff Conclusions for the 10-20-04 Planning Commission Meeting:
Should the Planning Commission find this use appropriate, Staff would recommend the
following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. Pavilion shall be used only in conjunction with campground activities and by
campground guests.
3. No offsite catering will be allowed in conjunction with this Conditional Use Permit.
4. A minor site plan will be submitted to show proposed improvements and conform to
agency comments, and shall be approved by the County prior to any construction activity.
5. All conditions of Conditional Use Permit 421-79 shall continue to remain in effect.
Please see attached conditions.
6. Any further expansion will require a new Conditional Use Permit.
Following the requisite public hearing, it would be appropriatefor the Planning Commission to
offer a recommendation concerning this application to the Board of Supervisors.
COUNTY of FREDERICK
I Department of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662-4532
January 16, 1984
Mr. Ralph W. Poe
Candy Hill Campground
Route 4, Box 123 f
Winchester, Virginia 22601
Dear Mr. Poe:
This letter is to confirm the Frederick County Board of Supervisors'
action at their meeting of January 11, 1984:
Approval to amend Conditional Use Permit #021-79 of Ralph W. Poe/
Candy Hill Campground, located at the end of Ward Avenue on Virginia
Route 1317, by the addition of a Vehicle Sales Use with the
following conditions:
II. VEHICLE SALES CONDITIONS:
1. Vehicles for sale on the property shall include only motor homes,
travel trailers, pop-up trailers, and van converstions
(mini -motor homes.)
2. The total number of vehicles for sale on the property is limited
to six (6) at any one time.
3. This section of Conditional Use Permit #021-79 entitled,
II. VEHICLE SALES CONDITIONS, is subject to annual review and
renewal by the staff, Planning Commission, and the Board of
Supervisors.
The conditions on the existing campground will remain the same as
approved on November 14, 1979 and those conditions are:
I. CAMPGROUND CONDITIONS:
A. The following improvements are not permitted:
Page 2
Ralph W. Poe
January 16, 1984
B. The following conditions are placed on the conditional use permit:
1. No A.B.C. license.
2. No firing range.
3. Hours of operation from 7 a.m. to 11 p.m.
4. Camping spaces to be utilized only for bona fide campers (Maximum
length of stay 4 weeks).
5. No auto, motorbike, go-carts, or snowmobile trails in camp area
or the use of such off-road vehicles for recreational purposes in
the camp area. The camp area is defined on the site plan (47.65
acres as advertised).
6. The owner shall furnish a list of proposed restrictions to be
imposed.
7. Recreation facilities are restricted to the use of campers only.
8. There shall be no more than seventy (70) campsites as provided on
the site plan.
9. This conditional use permit shall be reviewed annually by the
staff provided that no changes take place on the site and that
all conditions placed on this permit are met. If .any condition
is violated, it shall constitute grounds for immediate revocation
of the conditional use permit.
10. If the property changes use, occupancy, or ownership, a new
conditional use permit will be required.
If you have any questions, please do not hesitate to contact me.
Sincerely,
l�
Jn T. P. Horne
Director
JTPH/rsa
cc: Esten O. Rudolph, Jr. Commissioner of the Revenue
George B. Whitacre, Clerk of the Circuit Court
Campground
. 86B)
0 125 250 500 250
Feel
Campground
. 86B)
1
FREDERICK COUNTY
PLANNING & DE`s'=LOF't�4ENT
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUJKTj, VIRGINIA
_� d .0V
10 6
1. APR icant (The applicant if the X owner other)
NAME: C. Arthur Littman, Candy Hill Campground
ADDRESS: 165 Ward Avenue, Winchester, VA 22602
TELEPHONE 540-662-8010
2. Please list all owners, occupants, or parties in interest of
the property:
C. Arthur Littman, Wendy P. Littman, Karl A. Littman
3. The property is located at: (please give exact directions and
include the route number of your road or street)
Directions: Route 50 one block west of Route 37. Left at the
7 -Eleven (onto Ward Avenue). Campground is at end of Ward Ave.
4. The property has a road frontage ofSee Exhibit#lfeet and a
depth of See Exh. 1 feet and consists of 21.887 acres.
(Please be exact) 1l -$$ot 5'.i
5. The property is owned by C Arthur & Wendy P. Littman as
evidenced by deed from Ralph W Poe recorded
(previous owner)
in deed book no. 905 on page 499 as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. Tax(Parcel)Identification (I.D.)No. 53 -A -86A
Magisterial District Back Creek District
Current Zoning RA
7. Adjoining Property:
USE ZONING
North Farmers Livestock Exchange 2C
East Reuse --34 3� Nt It
South Rock Harbor Golf Course
West R� 1_W �Oe kek rd --k r.1 _err
g. The type of use proposed is (consult with the Planning Dept.
before completing) Cam ro
9. It is proposed that the following buildings will be
constructed: Conti uexistina bLiildin s shown lus
addition to pavilion as shown. The addition will house the
following additions: 1) one handicap accessible ladies restroom,
2) one handicap accessible men's restroom,
Zo . The following are 3) one handicap accessible shower room, with toilet and sink,
corporations owning y 4) an open area to accommodate camping clubs whose members
and in front of (acre play, wish to cards, etc. and
requested use will
necessary.) These g 5) an area to accommodate kitchen and cooking equipment for
application: the purpose of catering ccasional meal for camping clubs
ng an o
doe O'dannell and/or wedding receptions
71,4J-)200 ward Avenue
S
NAADDRESS
(,urAcG2S�,rr, 11"G Z2Coo2
PROPERTY ID#
T_�af-99n ADDRESS Pike
NAME LimTr`W
PROPERTY ID#
Farmers Livestock Exchange ADDRESS P.O. Box 2696
NAME wrnc4ske, VC, Z 2'Goc,f
PROPERTY ID# S3.4 - 8' 3
NAME Rock Harbor Golf Course( ;*0" ADDRESS
PROPERTY ID# 5-9 - S�
NAME J �� f �dM ADDRESS
PROPERTY IDI C-3 8 - I - Z 3
NAME J dhn5o ADDRESS
PROPERTY ID# 5-3.9 3 " 32�'
NAME ADDRESS
PROPERTY ID#
NAME ADDRESS
PROPERTY ID#
1 t-1 L.r Mes4--o,►e LN
3o6 5 R9 e�� a r}zQ-r_nr-i w -e
WthLWS4-,$ V, ZZiiU2
13 5' Ward 4 Ve
V4 Z Z C. cj Z
O 5 L/ luoe+4 wes bk-ro 1'�' �•
Gj; 4C(e34-V-, (%G ?e6a-T
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.
See Exhibit #1 (Surveyor's Certificate and Plat, etc.)
and
Exhibit #2 (Campground site map)
--II . -1,
SHEET i OF 3
DIVISION of the
PROPERTY CONVEYED to
Arthur & Wendy P Littman
Deed Book 905, Page 499 TM# 53 -A -86A
August 17, 1999 Zoned RA
Back Creek District, Frederick County, Virginia
SURVEYOR'S C—.- TE:
1, Michael M. A tz, a duly authorized land surveyor, do hereby certify that the land hereby subdivided is in
the name of Arthur & Wendy P. Littman and was acquired by him as stated in the Owner's Certificate. I
further certify that this tract is properly and accurately described and is within the boundary of the original
tract.
Certified Land Surveyor
OWNER'S CERTIFICATE•
The undersigned fee simple owher hereby certifies that the land herein divided is a part of the property
conveyed to Arthur & Wendy P. Littman by deed dated March 1, 1998 and recorded in Deed Book 905,
Page 499 of record in the Clerk's Office of Frederick County, Virginia. This division as it appears on the
accompanying plat is with the free consent and in accordance with the desires of the undersigned owner of
said land and the same is hereby jcoi t med and submitted for record in the Clerk's Office of Ftedetick
C -111y, vt�ghna., / /r
Arthur Littman -ftndy P. Littman `
NOTARY CERTIFICATE;
STATE OF V.IRGIMA; CITY/COEii4Y OF 1 _
to -wit:
The foregoing owners consent and dedication was acknowledged before me this
/g may of — 19_�.
My commission expires JVD -* �—'2i-oo
v Notary Public
CERTIFICATE OF APPROVAL
This Minor Rural Subdivision is approved by the undersigned in accordance with existing
subdivision regulations and may be admitted to record.
dafe Frederick County Subdivision Adm' ' rator
ate / Winchester- Frederick County Health Department
1G,8FJ flole tmct- fobrs-ex�,^f1`3Jq L,)A-r <rnD
�E'ta/rptr, 1�%O qyQ rarylee -for- 7u lup2 PJlt7v+�iie�1.
NOTES:
1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY
PERFORMED BY ART7 k ASSOCIATES ON AUGUST 17, 1999.
2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
3. OTHER RIGHTS -OF -WAYS OR EASEMENTS, IF ANY, ARE NOT SHOWN.
4. SEE PIAT IN DB 905, PG 499 FOR ADDITIONAL EASEMENTS
CAa2Avvr �IF-�5_sL,��Ii./.�5TaG1C
O REBAR FOUND UNLESS OTHERWISE NOTED F -)(c ��, INC.
5�A83
WAW AVe"Z LCr 196120
LL?f � S
ic
EXISTING 1
DwELL1r1G • •
_I
N 6757'21' E o / /0� ,O®O of
98.35' s -o � 1
N 5323'58" E
69.04• — — 50' BRL
/ REBAR
N 69'01'03' E / _ N 5749'09 W 456.06'
37.00' , l — - - - 50' BRL - - - -I
N 86 D9'447 E
50.84' ( N 3TOi'51" W
NUN- K -Ar, MINOR RWAL 5LOVIV15ION
L I-MMAN
BACK OI FFK V15 MC1; FM'M"CK COI, qly, VIRGalN1A
5CALF: I" — 200' VA11:: AlJCajST 17, 1999
rm51;Nf Ov"p:
TM ** 53 A-66 Vp 905, PG 499
PROJECT #995190
2 OF
LY1�! W.
A,
1 53 A-$4
725/ 615
18'05' w
\ 8.90'
CONC. MON.
FOUND
REBAR
SET
POINT
V1
CONC. MON.
FOUND
N10- 1951
g ;/�
�rtz and Assoc at s
Formerly Ebert & Aaeoo&te
ium awamc ERmmc ova
35 W. BO5rAWET1 STREET
WESTER, VA 22601-4740
TEL 540-667-3233 FAX 540-667-9186
TOLL FREE 1-800-755-7320
I
Ex[STING 50• 210.19'
R W
OM1
I
z 1
fE
IO
1
�
vALpH W. roe
fN
1
f
I
I
i
53 /1-56
N
1594/121 90551499
� f
f
5 JI
u,ti f
m
l
�I
C) !
1✓, f
1
Z f
I
I
1
1
� I
� I
AREA TABULATION
\ \ �° I
5.000 AC
16.887 AC.
BRj
21.887
AC. ORIGINAL
E�'s'
NUN- K -Ar, MINOR RWAL 5LOVIV15ION
L I-MMAN
BACK OI FFK V15 MC1; FM'M"CK COI, qly, VIRGalN1A
5CALF: I" — 200' VA11:: AlJCajST 17, 1999
rm51;Nf Ov"p:
TM ** 53 A-66 Vp 905, PG 499
PROJECT #995190
2 OF
LY1�! W.
A,
1 53 A-$4
725/ 615
18'05' w
\ 8.90'
CONC. MON.
FOUND
REBAR
SET
POINT
V1
CONC. MON.
FOUND
N10- 1951
g ;/�
�rtz and Assoc at s
Formerly Ebert & Aaeoo&te
ium awamc ERmmc ova
35 W. BO5rAWET1 STREET
WESTER, VA 22601-4740
TEL 540-667-3233 FAX 540-667-9186
TOLL FREE 1-800-755-7320
SHEET 3 OF 3
DIVISION of the
PROPERTY CONVEYED to
Arthur & Wendy P. Littman
The following is the metes and bounds description of the property conveyed to
Arthur & Wendy P. Littman by deed dated March 1, 1998 and recorded in Deed Book
905, Page 499. Said property is located on the southern side of Northwestern Pike
(Route 50), at the southern end of Ward Avenue in Back Creek District, Frederick
County, Virginia.
BEGINNING at a rebar (set) in the western right-of-way line of Route 37, a corner with
Lynn W. Anderson; thence with the right-of-way lines of Route 37
S 31-18-05 W 8.90 feet
to a concrete monument (found); thence
S 41-01-56 W 620.42 feet
to a point; thence
S 39-37-27 W 1051.00 feet
to a concrete monument (found) at the northeastern intersection of said Route 37 and the
Winchester & Western Railroad; thence with the northern line of said railroad
N 30-31-22 W 712.64 feet
to a rebar found, a corner with Ralph W. Poe; thence with Poe
N 33-09-12 E 582.00 feet
to a rebar found; thence
N 43-45-43 E 304.93 feet
to a rebar found on the northern side of a 50 foot wide right-of-way,- thence continuing
with Poe along the northern side of said right-of-way
N 86-0944 E 50.84 feet
to a rebar found; thence
N 69-01-03 E 37,00 feet
to a rebar found; thence
N 53-23-58 E 69.04 feet
to a rebar found; thence
N 67-57-21 E 98.35 feet
to a rebar found at the corner of Lot 38, Ward Avenue Lots and WarO Avenue; thence
with Ward Avenue in part and continuing with Lot 23
S 79-06-37 E 247.24 feet
to a rebar found, a corner with Farmers Livestock Exchange, Inc.; thence with Farmers
Livestock Exchange, Inc. in part and continuing with Lynn W. Anderson
S 79-09-58 E 448.28 feet
to the beginning.
CONTAINING 21.887 ACRES
SURVEYED AUGUST 17, 1999
No. 19:,9
7/fi
Ql�)
tom:
165 Ward Avenue
Winchester, Virginia 22602 - (540) 662-8010
CD
U
C
N
.Q
N
Cc
X 'k tb*%-�
Check In Time —1:00 p.m.
Check Out Time — 12:00 noon
For Satellite Users:
Latitude: 39.18746
Longitude: 78.20373
'TV Channels
4 — NBC 11 —NBC
5 —FOX 13 — CBS
7 — ABC 25 — NBC
9 —CBS 42 — Public
Radio Stations
92.5 WINC-FM/AM 1400
WUSQ - 102.5 FM
104.9 or 105.5 FM
WTRM- 91.3 FM
You Are Here ELECTRIC & WATER
t FULL HOOK—UP
ELECTRIC, WATER & SEWER
CHILDREN'S POOL
PLAYGROUND
C3
Laurosn
F] WOMEN MEN GAS
CABOOSE SHOWERS
I I C5 C4 _ t ,
u 7 6ILO
RPM
CD
-000"
r r N N
OOQQ _
El;
♦- r N N N �V N
QQQQQiTa" i QQQQQ
12. Additional comments, if any: Please see typed page attached.
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 yourprop ty where the proposed
use will be conducted. 15;r
signature of Applicant
Signature of Owner
owners' Mailing Address 165 Ward Avenue, Winchester, VA 22602
Owners' Telephone No. 540-662-8010
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.vi.us
Department of Planning & Development, County of Frederick, Virginia,
107 No th i e"t Street, Winchester, I irgiria 22601 .
Phone 540-665-5651 Facsimile 540-665-6345
Know All Men By Those Present: That I (We)
(Name) C. Arthur Littman (Phone) 540-662-8010
(Address) 165 Ward Avenue, Winchester, VA 22602
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No.
on Page
Parcel: Lot: Block: Section:
do hereby make, constitute and appoint:
and is described as
Subdivision:
(Name) Karl A. Littman (Phone) 540-662-8010
(Address) 165 Ward Avenue, Winchester, VA 22602
To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including:
❑ Rezoning (including proffers)
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:
NONE
This authorization
In witness thereof,
Signature(
. " Arth
ion�yom the day it is signed, or until it is otherwise rescinded or modified.
my (our) hand and seal thin 7th day of c; Pp t- _ , 200 ,
State of Virginia, City/County of
ttman
Frederick
To -wit:
I, Karl A r i t tm a n , a NotaryPublic in and for the jurisdiction aforesaid,
certify that the person(s) who signed to the foregoing instrument personally appeared before me and has
acknowledged th same before me the j Pisdiction aforesaid this 17 tday of Sept , 200 4.
��L � -- My Commission Expires:
Notary Public
Item # 12: Additional comments:
Exhibit #3 is a copy of the letter regarding the Conditional Use Permit #021-79
received by Mr. Ralph W. Poe in 1984. C. Arthur and Wendy P. Littman purchased the
property on 3/1/1998.
Proposed adjustments in the Conditional Use Permit represent efforts to look
ahead with an eye to meeting future needs.
In the course of the recent (2003) reconstruction necessitated by the collapse (due to
weight of snow) on February 18, 2003 of the primary campground building, full approval
was received for the plans to rebuild the structures which now consists of:
1) Main Building containing
a) Registration office and campground store
b) Private office
c) Storage space for store inventory and office supplies
d) Club lounge
e) Game room
2) Garage for maintenance and workshops
For your information:
• Candy Hill Campground is a 103 site campground.
• There are currently 70 water/electric/sewer sites and 33 water/electric sites.
• Should it become possible to hook into Frederick County water and sewer
lines, the campground would welcome the opportunity to do so and to
eventually add 50 full service sites.
• The campground accommodates primarily short term vacationers, overnight
travelers, persons staying at the campground for short term work contracts
with area businesses and construction sites, and camping clubs.
• The pavilion is used primarily for club members who wish to socialize, square
dance, have potluck or catered meals, etc. The proposed addition is explained
under Item #9.
• An outside professional caterer would use the proposed addition of kitchen
facilities which would conform to Health Department regulations.
• No public use of the food facility is envisioned.
GN
0
-L)
Vk
Ex -� s --, —5
(r)
pckoi
L,k-) t 'A C-- Vq
s'
M
/ `'
,c- `t - , .
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
MEMORANDUM FAX: 540/665-6395
TO: Frederick County Planning Commission
FROM: David M. Beniamino, Planner I (►119
RE: Public Hearing: Request to remove a ten acre portion of parcel 84 -A -47B, owned by
Roy and Loretta McDonald, from the South Frederick Agriculture and Forestal District
DATE: September 22, 2004
Please find attached a letter from Roy & Loretta McDonald requesting the removal of a ten acre
portion of parcel 84 -(A) -47B from the South Frederick Agricultural and Forestal District.
The South Frederick Agricultural and Forestal District was established in 1980 and has been renewed
four times. The most recent renewal of this district occurred in March 2000 for a period of five years.
Currently, 11,451.94 acres are contained in this district, which is comprised of 166 parcels. The
parcels in question are located in the Back Creek Magisterial District.
As noted above, the McDonalds' desire to remove the referred ten acre portion of their property from
the South Frederick Agricultural and Forestal District. The McDonald's have indicated that these ten
acres will be used to create two, single family residential lots. The applicants have expressed a need
to sell a portion of their land for residential uses in order to continue farming the rest of their land.
Section 15.2-4314 of the Code of Virginia, 1950, as amended, provides property owners with the
ability to request removal of land from an agricultural and forestal district through a public process
via the local governing body.
The Agricultural District Advisory Committee (ADAC) considered this request during their meeting
of June 3, 2004. The ADAC unanimously recommended approval of the property owner's request for
removal of the 10 acre portion of parcel 84 -A -47B from the South Frederick Agricultural and Forestal
District.
Attached is a map which delineates the location of this acreage and its proximity to other land within
the South Frederick Agricultural and Forestal District. Staff requests that the Plamiing Commission
consider this request and forward a recommendation to the Board of Supervisors for final
determination regarding this matter.
Attachments
107 North Kent Street • Winchester, Virginia 22601-51000
84 A 44
RIDINGS
A
84 A 45
h
84 A 49
STRQSNIDER
Agricultural & Forestral District Removal Request N
(Roy & Loretta Mcdonald)
W E
750 1,500
3,000
Poet S
A
May 7, 2004
Roy and Loretta. McDonald
364 Carson Lane
Stephens City, Va. 22655
David Beniamino
Planning and Development Committee
107 North Frederick St
Winchester, Va. 22601.
Dear Mr. Beniamino,
Ei
MAY 10 2004
We would like to withdraw 10 acres from the Ag District in the Southern
part of Frederick County. Location Property on Rt., 625 Hites Road, West
of Stephens City, VA. Description I.D. # 84 —A- 47—B.
Sincerely,
Roy and Loretta McDonald
SEP 2 1'2004
UCK COUNTY
September 20, 2004
Roy and Loretta McDonald Trust
364 Carson Lane
Stephens City, Va. 22655
Planning Commission
Enclosed is a copy of the property, 10 acres to be removed form
the AG. District in Frederick County.
Thank you,
Sincerely,
c4ta��— )r "a�
Loretta McDonald
N 3858'34" E
99.28'
N/F STROSNIDER N PIN WA -49
:. ty
f
N 6257'44" W 1954.31'
10.000
ACRES
1
PROPOSED
r
89
S 5171'57" E
WELL SITE
18�
�S "
226.51'
272'
N
M
179 -nl
_ la.
41
g
Za a
.�
� 7-
-
00
za-m .�
0Go
N
�1
N 507052" W
1
S4421'29" £
227.67'
58.04' S 615921" E
V
129.15'
XF S 2717148" W
S 05'40':Y8- W 20.55'
12.00' S 5736'57" E
N
61.30'
N 3858'34" E
99.28'
:. ty
'i
N
N 3858'34" E
99.28'
N 6675'53" W
1369,
En
146•
143 Sr +RESERVE ORAINFlaLD
D8 ELEVATION = 803.55'
PIN 84—A -47B
(6.00 ACRE PARCEL-RNOV0, PIN WA -47. OT SHOWN)
M
J VJ !Y
N/F LAYMAN ;
.c
PIN 73=A -103A
DB 837 PG 1289
a o
PLAT SHOWING
DP,AINFIELD LOCA 770N
ON 7HE PROPERTY OF
ROY E. MCDONALD &
L ORETTA G. McDONALD
DEED BOOK 867 PAGE 326
BACK CREEK MAGISTERIAL DIS7R/CT
D 3594FREDERICK
DATE.' DECEMBER 6C 2001 SCALE.•A1 "=.300'
N/F BAUSERMAN
PIN 73-A-101
DB 278 PG 304
m
w� a a
Qh --i
cs�
I�
1
N 2437'06" E
13822'
cl)
t
N 1150'29"
CURVE TABLE
o RADIUS ARC TAN DELTA GEARING CHORD
WWI
1309.29 172.94' 86.59' 07'34'04' N 35'11'32" E 172.81'
669.97' 258.43' 130.84' 223603" N 2071'29" E 256.83'
783.66' 239.81' 12Q85' 17�2'O1" N 1531'06" E 238.w
899.12' 168.75 84.67 10'45'12" N 19'1429" E 166.50'
430.07' 19295 96.13' 2542'22" N OiroO'42" E 191.34'
MARSH & LEGGE
560 NORTH IAUDOUN STREET PHONE (540) 687-0468
f Land Surveyors, P. L.
C.
WINCHESTER, VIRGINIA 22601 FAX (540) 667-0469
To:
From:
Subject:
Date:
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MVIEMOJ",'VD UM
Frederick County Planning Commission
Mark R. Cheran, Zoning and Subdivision Administrator��`.
Discussion: Section 165-50 P - Radio and Television Towers in the RA (Rural
Areas) Zoning District.
October 5, 2004
The Frederick County Development Review and Regulations Subcommittee (DRRS) at its meeting
on September 23, 2004, discussed removing the by -right use for radio and television towers in the
RA (Rural Areas) Zoning District. The Frederick County Zoning Ordinance currently allows radio
and television towers in the RA Zoning District as a by -right use, but also enables commercial
telecommunication towers by a Conditional Use Permit (CUP). Staff would recommend removing
this sub -section from Section 165-50 of the Frederick County Zoning Ordinance, and including such
towers by CUP. Staff has included a proposed definition.
This proposed ordinance amendment is presented as a discussion item to enable the Planning
Commission to raise issues and seek clarification. Staff will be available to respond to your
questions. Comments raised during this discussion will be forwarded to the Board of Supervisors for
their consideration.
Proposed Definition
Commercial Telecommunication Facilities — A structure, including the tower, antennas, panels,
microwave dishes, receiving dishes, equipment building, and other transmitting and receiving
components, used for the wireless electromagnetic transmissions. To include radio and television
towers, satellite earth stations and structures used for ham radio.
MRC/bad
Attachments
107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000
§ 165-48.5 ZONING § 165-48.6
§ 165-48.5. Adult care residences, assisted living care facilities and
convalescent or nursing homes. [Added 2-26-19971
Adult care residences, assisted iivinU care faciiities and convaiescent or
nursing homes located in the B2 Business General District shall meet the
following requirements:
A. Thirty percent of the total acreage of the site utilized for adult care
residences and assisted living care facilities shall remain in green
space. Areas designated for buffers and screening and stormwater
management facilities that are required to serve this use may be
included in this percentage.
B. Road efficiency buffers as specified in § 165-37E of this chapter shall
be met.
§ 165-48.6. Commercial telecommunication facilities. [Added 4-9-1997;
amended 7-8-1998]
The intent of this section is to ensure that the siting of commercial
telecommunication facilities occurs through the conditional use permit public
hearing process defined in Article III of this chapter. Commercial
telecommunication facilities that locate on existing structures and towers shall
be exempt from the conditional use permit requirement. The siting of
commercial telecommunication facilities is permitted within the zoning districts
specified in this chapter, provided that residential properties, land use patterns,
scenic areas and properties of significant historic value are not negatively
impacted.
A. Information required as part of the conditional use permit application
shall include, but not be limited to, the following:
(1) A map depicting the search area used in siting each proposed
commercial communications facility.
(2) Identification of all service providers and commercial
telecommunication facility infrastructure within a proposed
search area. The applicant shall provide confirmation that an
attempt to collocate on an existing telecommunication facility has
been made.
(3) Information demonstrating that the commercial
telecommunication facility is in compliance with the Federal
16572.1 10 - 20 - 2002
§ 165-48.6 ZONING § 165-48.6
(3) Advertising shall be prohibited on commercial telecommunication
facilities except for signage providing ownership identification
and emergency information. No more than two signs shall be
permitted. Such signs shall be limited to 1.5 square feet in area
and shall be posted no higher than 10 feet above grade.
(4) When lighting is required on commercial telecommunication
facility towers, dual lighting shall be utilized which provides
daytime white strobe lighting and nighttime red pulsating lighting
unless otherwise mandated by the Federal Aviation
Administration or the Federal Communications. Commission.
Strobe lighting, shall be shielded from ground view to mitigate -
illumination to neighboring properties. Equipment buildings and
other accessory structures operated in conjunction with
(Cont'd on page 16572.3)
16572.2.1 2 - 10 - 2Do4
§ 165-48.6 FREDERICK COUNTY CODE § 165-48.6
Communication Commissions established ANSI/IEEE standards
for electromagnetic field levels and radio frequency radiation.
(4) An affidavit signed by the landowner stating that he/she is aware
that he/she may be held responsible for the removal of the
commercial telecommunications facility as stated in
§ 165 -48.6B(7) -
B. The following standards shall apply to any property .in which a
commercial telecommunication facility is sited, in order to promote
orderly economic development and mitigate the negative impacts to
adjoining properties:
(1) The Planning Commission may reduce the required setback
distance for commercial telecommunication facilities as required
by § 165-24B(7) of this chapter if it can be demonstrated that the
location is of equal or lesser impact. When a reduced setback is
requested for a distance less than the height of the tower, a
certified Virginia engineer shall provide verification to the Planning
Commission that the tower is designed, and will be constructed,
in a manner that if the tower collapses for any reason the
collapsed tower will be contained in an area around the tower
with a radius equal to or lesser than the setback, measured from
the center line of the base of the tower. In no case shall the
setback distance be reduced to less than 1/2 the distance of the
tower height. Commercial telecommunication facilities affixed to
existing structures shall be exempt from setback requirements,
provided that they are located no closer to the adjoining property
line than the existing structure. (Amended 9-25-20021
(2) Monopole -type construction shall be required for new
commercial telecommunication towers. The Planning
Commission may 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.
(3) Advertising shall be prohibited on commercial telecommunication
facilities except for signage providing ownership identification
and emergency information. No more than two signs shall be
permitted. Such signs shall be limited to 1.5 square feet in area
and shall be posted no higher than 10 feet above grade.
16572.2 10-20-2002
§ 165-48.6 ZONING § 165-48.7
commercial telecommunication facility towers shall utilize infrared
lighting and motion -detector lighting to prevent continuous
illumination.
(5) Commercial telecommunication facilities shall be constructed
with materials of a galvanized finish' or painted a noncontrasting
blue or gray unless otherwise mandated by the Federal Aviation
Administration or the Federal Communication Commission.
(6) Commercial telecommunication facilities shall be adequately
enclosed to prevent access .by, persons other than employees of
the service provider. Appropriate landscaping and opaque
screening shall be provided to ensure that equipment buildings
and other accessory structures are not visible from adjoining
properties, roads or other rights-of-way.
(7) Any antenna or tower that is not operated for a continuous period
of 12 months shall be considered abandoned, and the owner of
such tower shall remove same within 90 days of receipt of notice
from the Frederick County Department of Planning and
Development. Removal includes the removal of the tower, all
tower and fence footers, underground cables and support
buildings. If there are two or more users of a single tower, then
this provision shall not become effective until all users cease
using the tower. If the tower is not removed within the ninety -
day period, the county will remove the facility and a lien may be
placed to recover expenses.
§ 165-48.7. Flex -tech uses. [Added 2-11-19981
The intent of this section is to ensure that flex -tech development shall be
designed for safe,• -efficient traffic flow and to complement its surroundings.
The following minimum standards shall apply to any property in which flex -tech
developments are located, in order to promote economic development and
mitigate any negative impacts to adjoining properties:
A. Permitted uses. All uses allowed in the B2, B3 and M1 Districts will be
permitted in a flex -tech development.
(1) Primary use. The primary use shall be a use permitted by the
zoning district in which the development is located. The primary
16572.3 8-1-98
§ 165-49 FREDERICK COUNTY CODE § 165-50
ARTICLE V
RA Rural Areas District
§ 165-49. Purpose and intent. [Amended 12-11-1991]
A. The purpose of the rural area regulations is to preserve large, open
parcels of land, tree cover, scenic views, sensitive environmental
areas and prime agricultural and locally significant soils. The
regulations provide for a variation in lot size, at a density not to exceed
one unit per five acres. The varying lot size is permitted in order to
facilitate designs that blend in with the existing landscape and
preserve some larger tracts of undeveloped land in order to maintain
the rural character of the county, as well as provide a choice to home
buyers.
B. The regulations are intended to reduce environmental impacts, such
as soil erosion, by requiring development which is sensitive to the
existing features of the natural terrain and by reducing the amount of
clearing needed for roads. Diversity and originality in lot layout are
encouraged in order to achieve the best possible relationship between
the development and the land. Individual lots and streets should be
designed to minimize alteration of the natural site features, relate
positively to surrounding properties and protect the views from
surrounding areas. It is intended that by allowing flexibility in the
subdivision design, while at the same time requiring that
environmental concerns be addressed, a more attractive,
environmentally sound and economically viable development will
result.
§ 165-50. Permitted uses.
Structures and land shall be used for one of the following uses:
A. Agriculture, farming, dairies and forestry.
B. Orchards, horticulture and the production of nursery stock and
products.
C. Single-family dwellings.
D. Mobile homes.
E. Schools (without residential component). [Amended 10-27-19991
16572.6 5-20-2000
§ 165-50 ZONING § 165-50
F. Public parks and playgrounds.
G. Churches.
H. Home occupations.
I. Natural conservation areas.
J. Winchester Airport.
K. Group homes.
L. Fire stations, companies and rescue squads.
M. Frederick County sanitary landfill.
N. Commercial and institutional cemeteries with or without funeral
homes or cemetery office complexes.
0. Post offices.
P. Radio and television towers and their accessory buildings.
Q. Public utility generating, booster or relay stations, transformer
substations, transmission lines and towers, pipes, meters and other
facilities, railroad facilities and sewer and water facilities and lines
owned by public utilities, railroad companies or public agencies.
R. Required off-street parking.
S. Oil and natural gas exploration, provided that the following
requirements are met:
(1) All requirements of the Code of Virginia, as amended, and all
applicable federal, state and local regulations shall be met.
(2) A site plan shall be reviewed and approved meeting all
requirements of the Frederick County Code.
(Cont'd on page 16573)
16572.7 5-20-2000
§ 165-50 ZONING § 165-50
N. Commercial and institutional cemeteries with or without funeral
homes or cemetery office complexes.
0. Post offices.
P. Radio and television towers and their accessory buildings.
Q. Public utility generating, booster or relay stations, transformer
substations, transmission lines and towers, pipes, meters and other
facilities, railroad facilities and sewer and water facilities and lines
owned by public utilities, railroad companies or public agencies.
R. Required off-street parking.
S. Oil and natural gas exploration, provided that the following
requirements are met:
(1) All requirements of the Code of Virginia, as amended, and all
applicable federal, state and local regulations shall be met.
(2) A site plan shall be reviewed and approved meeting all
requirements of the Frederick County Code.
(Cont'd on page 16573)
16572.7 2-25-99
§ 165-50 ZONING
§ 165-51
(3) Approval of the site plan and use shall be for ninety (90) days,
with subsequent renewals being approved by the Planning
Commission.
(4) In order to begin extraction of the resource, a rezoning to the EM
Extractive Manufacturing Zoning District will be required.
T. Museums, parks or historic sites used for educational or historic
preservation purposes.
U. Business signs.
V. Directional signs.
W. Cottage occupation signs.
X. Accessory uses.
Y. Poultry farms and hatcheries and egg production. [Added 4-26-19951
Z. Fish hatcheries and fish production. [Added 4-26-19951
AA. Hog farming. It shall be unlawful for any person to have or maintain or
to permit to be erected, in the county, any hog pen that is located
closer than two hundred (200) feet to a residence or an adjoining
property that is used for human habitation. [Added 4-26-1995]
§ 165-51. Conditional uses.
The following uses of structures and land shall be allowed only if a
conditional use permit has been granted for the use:
A. (Reserved)'
B. (Reserved)2
C. (Reserved)3
D. Fruit packing plants.
E. Manufacture or sale of feed and other farm supplies and equipment.
1 Editors Note: Former Subsection A, Poultry farms and hatcheries and egg production, was repealed 4-26-1995. See
now § 165-50Y.
2 Editor's Note: Former Subsection B, Fish hatcheries and fish production, was repealed 4-26-1995. See now
§ 165-50Z.
3 Editor's Note: Former Subsection C, Hog farming, as amended 12-9-1992, was repealed 4-26-1995. See now
§ 165-50AA.
16573 6-25-95
§ 165-51 FREDERICK COUNTY CODE § 165-51
F. Off -premises wayside stands.
G. Country general stores.
H. Service stations.
I. Antique shops.
J. Restaurants.
K. Kennels.
L. Television or radio stations.
M. Motels.
N. Auction houses.
O. Campgrounds, tourist camps, recreation areas and resorts.
P. Commercial outdoor recreation, athletic or park facilities.
Q. Nationally chartered fraternal lodges or civic clubs, social centers and
their related facilities.
R. Sawmills and planing mills, Type B.
S. Ambulance services.
T. Retailing or wholesaling of nursery stock and related products.
U. Landscape contracting businesses.
V. Public garages without body repair, provided that the following
conditions are met:
(1) All repair work shall take place entirely within an enclosed
structure.
(2) All exterior storage of parts and equipment shall be screened
from the view of surrounding properties by an opaque fence or
screen at least five (5) feet in height. This fence or screen shall be
adequately maintained.
W. Public garages with body repair, provided that the following conditions
are met:
(1) All repair work shall take place entirely within an enclosed
structure.
(2) All exterior storage of parts and equipment shall be screened
from the view of surrounding properties by an opaque fence or
16574 6-25-95
§ 165-51 ZONING § 165-51
screen at least five (5) feet in height. This fence or screen shall be
adequately maintained.
Y QnMr4 shand play m!I^I!r!^y, provided that the following conditions are
/\.
Sand, -,.a!-- V
met:
(1) All mining shall be above the mean, existing grade level of a
parcel of land.
(Cont'd on page 16575)
16574.1 6-25-95
§ 165-52 ZONING § 165-54
(2) All mining operations shall meet all applicable requirements of
state and federal aqencies.
(3) Such mining operations shall meet the landscaping and screening
requirements, supplementary regulations, height, area and bulk
regulations and site plan requirements contained in the EM
Extractive Manufacturing District regulations.
Y. Cottage occupations.
Z. Veterinary office, clinic or hospital.
AA. Day-care facilities. [Added 8-8-19901
BB. Humanitarian aid organizational office. [Added 1-27-1999]
CC. Schools (with residential component). [Added 10-27-19991
§ 165-52. Permitted residential density; exception. [Amended 12-11-1991]
A. The maximum density permitted on any parcel or group of parcels
shall not exceed the equivalent of one unit per five acres as
determined by the size of the parent tract as it existed on the date of
adoption of this section.
B. Exception to permitted density. On lots containing between seven and
10 acres which were lots of record prior to the adoption of this article,
lots of two or more acres may be created despite the density limit of
one unit per five acres, provided that they meet the requirements of
§ 165-54B of this chapter. Within subdivisions utilizing rural
preservation lots, the forty -percent parcel shall not count against the
permitted density of the parent tract.
§ 165-53. Minimum lot size. [Amended 12-11-1991]
The minimum lot size for permitted uses shall be two acres.
§ 165-54. Permitted lot sizes. [Amended 8-8-1990; 12-11-1991]
The following types of lots shall be permitted:
A. Traditional five -acre lots. On any parcel, lots of five acres in size or
greater shall be permitted.
16575 8-20-2002