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PC 01-16-02 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia JANUARY 16, 2002 7:00 P.M. CALL TO ORDER TAB 1) December 5, 2001 Minutes ..................................... . ......... (A) 2) Committee Reports ................................................ (no tab) 3) Citizen Comments ................................................. (no tab) PUBLIC BEARING 4) Request to remove five parcels totaling 160.80 acres from the South Frederick Agricultural and Forestal District. These parcels, owned by Rinker Properties, LLC, are located along Marlboro Road (Route 63 1) and are identified with Property Identification Numbers 73 -A-95, 73-A-99, 73 -A -99A and 73-A-102 in the Back Creek Magisterial District. (Mr. Wyatt).......................................................... (B) 5) Request to include one parcel totaling 107.79 acres into the South Frederick Agricultural and Forestal District. This parcel, owned by Ruth Gregory, is located along Middle Road (Route 628) and is identified with Property Identification Number 62-A-34 in the Back Creek Magisterial District. (Mr. Wyatt)..........................................................(C) 6) Request to include six parcels totaling 381.34 acres into the Double Church Road Agricultural and Forestal District as follows: Property Identification Numbers 85-A-125, 85-A-130 and 85-A-131 owned by Mary Ritenour; Property Identification Number 85-A-132 owned by Sandra Ritenour; Property Identification Number 85-A-129 owned by Steven and Mary Ritenour; and Property Identification Number 85 -A -125A owned by Benjamin and Priscilla Ritenour. All parcels are located along Peace and Plenty Lane in the Opequon Magisterial District. (Mr. Wyatt).......................................................... (D) 7) Conditional Use Permit #01-02 for the Cold Spring Tower, submitted by SBA Properties, Inc./Triton PCS (SUNCOM), for a 199 -foot -high monopole telecommunications facility. This property is located at 6298 North Frederick Pike (Route 522N) and is identified with Property Identification Number 19-A-1 5A in the Gainesboro Magisterial District. (Mr. Lawrence) .......................................................(E) 8) Conditional Use Permit #02-02 for the Acorn Hill Tower, submitted by SBA Properties, Inc./Triton PCS (SUNCOM), for a 199 -foot -high monopole telecommunications facility. This property is located at 7185 North Frederick Pike (Route 522N) and is identified with Property Identification Number 18-A-25 in the Gainesboro Magisterial District. (Mr. Lawrence) ....................................................... (F) 9) Conditional Use Permit #03-02 for the Hunting Ridge Tower, submitted by SBA Properties, Inc./Triton PCS (SUNCOM), for a 199 -foot -high monopole telecommunications facility. This property is located at 4048 North Frederick Pike (Route 522N) and is identified with Property Identification Number 30-A-116 in the Gainesboro Magisterial District. (Mr. Lawrence) .......................................................(G) PUBLIC MEETING 10) Waiver Request of Bean Properties, LLC, submitted by Mr. Ben Butler, for exceptions to the Frederick County Zoning Ordinance as follows: Chapter 165-55A(2) regarding setback requirements; 165-56A regarding minimum lot width requirements; and 165-54(A) pertaining to creating two lots with an area less than five acres. The property is identified with Property Identification Number 42-A-309 in the Gainesboro Magisterial District. (Mr. Lawrence) ............................................ .......(H) 11) Waiver Request of Orrah Adams Estate and Charles D. Adams Property for an exception to Chapter 165-55A(2) of the Frederick County Zoning Ordinance regarding setback requirements; and Chapter 165-56B pertaining to the depth -to -width ratio requirements. The property is identified with Property Identification Numbers 30-A-45 and 30 -A -45D in the Gainesboro Magisterial District. (Mr. Lawrence) ....................................................... m 12) Waiver Request of O. L. Payne and Ruth B. Payne, submitted by Marsh & Legge Land Surveyors, P.L.C., for an exception to Chapter 144-24C ofthe Frederick County Subdivision Ordinance regarding access to apublic street or right-of-way. The property is identified with Property Identification Number 44-1-D in the Stonewall Magisterial District. (Mr. Wyatt).......................................................... (j) 13) Other r� 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 December 5, 2001. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Richard C. Ours, Opequon District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; William C. Rosenberry, Shawnee District; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. STAFF PRESENT: Eric R. Lawrence, Deputy Planning Director; Rebecca Ragsdale, Planner I; Jeremy Camp, Planner II; Mark R. Cheran, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. WILLIAM C. ROSENBERRY - NEWLY APPOINTED SHAWNEE DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION Chairman DeHaven welcomed Mr. William C. Rosenberry as the newly appointed Shawnee District representative on the Planning Commission. COMMITTEE REPORTS Historic Resources Advisory Board (HRAB) - 11/20/01 Mtg. Commissioner Morris reported that the HRAB discussed a potential rezoning for APAC and L.F. Franklin & Sons, which is on the Planning Commission's agenda for this everting. Frederick County Planning Commission Minutes of December 5, 2001 Page 743 -2 - Sanitation Authority (SA) - 11/20/01 Mtg. Commissioner Fisher said the SA's Executive Director, Mr. Wellington Jones, reported that the month of October was the fourth driest month in recorded history and the current rainfall deficit was 12.14 inches. In addition, Mr. Fisher reported that the SA's consultant on the Clearbrook transmission main, Mr. Charles Maddox of G. W. Cli lord & Associates, hie., made a presentation on the transmission main in conjunction with the VDOT Rest Area Water and Sewer Project regarding the potential for saving construction costs. Mr. Fisher said that a motion was made and passed to authorize G. W. Clifford & Associates, Inc. to proceed with design of the water transmission main from Clearbrook to the Stonewall Industrial Park, subject to the approval of the contract with VDOT with the design of the water and sewer extension to the I-81 Rest Area and sewer line to Clearbrook. PUBLIC HEARINGS Conditional Use Permit Application #18-01 for the Cross Junction Tower, submitted by Shared 'rowers, for a 195 -foot -high lattice tower telecommunications facility. This property, zoned RA, is located at the corner of Collinsville Road and Cross Junction Road, approximately 290 feet from North Frederick Pike (Rt. 522N) and is identified with P.I.N. 18-A-38 in the Gainesboro District. Action - Recommended Approval with Conditions Planner Mark Cheran said the applicant proposes to construct a 195 -foot lattice -type telecommunications tower designed to accommodate commercial telecommunication carriers and to be located on a 96.41 -acre site east of North Frederick Pike (Rt. 522N). Planner Cheran said there were no adverse comments from any of the reviewing agencies. He said that staff believes this application has adequately addressed the requirements of the County Zoning Ordinance in that a need for this facility, based on a lack of coverage and capacity in this part of the County, has been demonstrated. Planner Cheran continued, stating that the applicant is requesting a reduction of the setbacks and has proposed to locate the facility approximately 35 feet from the property line boundaries in order to provide increased flexibility for placement of the facility. He said the applicant is also requesting the ability to utilize lattice -type construction material because this new facility is located outside of the Urban Development Area (UDA) and is not in close proximity to identified historic areas. Planner Cheran stated that the Planning Staff believed that a reduction of the setback requirements, as well as allowance for a lattice -type tower, may be appropriate in this case. He next read a list of recommended conditions, should the Commission choose to recommend approval of the Conditional Use Permit. Commissioner Thomas inquired why the staff believed the setback reduction to 35' was appropriate. Deputy Planning Director Lawrence replied that the adjoining property is owned by the same property owner on which the tower is proposed. Commissioner Light inquired if there were any existing towers in the North Frederick Pike (Rt. 522N) area. Mr. Mark Smith of Greenway Engineering, representing Shared Towers (Spectrum Resources, Inc.), the applicant, replied that the nearest tower is the CFW tower, which is near the City ofNam'. Mr. Smith Frederick County Planning Commission Minutes of December 5, 2001 Page 744 -3 - said that the analysis study conducted by his client indicated there were considerable "dead spots" proceeding north on Rt. 522. Commissioner Morris inquired if service providers for the towers have already been designated. Mr. Smith said Shared Towers will allow multiple users to locate on the towers. In regards to the 35' setback, Commissioner Morris inquired if the tower's guide -wires would encroach into the 35' setback. Mr. Smith replied that the lattice towers do not have guide -wires. Commissioners asked the applicant's representative why they were requesting the lattice tower instead of a monopole. Mr. Smith said this is not in a high -visibility location, the lattice construction is less expensive, and small aircraft visibility is better with the lattice towers. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Dave Stewart, an attorney with the law firm of McGuire Woods, was present on behalf of Triton, PCS, one of the licensed wireless service providers in Frederick County. Mr. Stewart said that as far as they are aware, they are the only service provider with current plans to extend out the Rt. 522 corridor. Mr. Stewart requested that the Commission recommend denial of this application and/or defer it until they have submitted their own applications for alternative sites. He said that their applications should be submitted within the next week in order to be heard at the Commission's January public hearing. Mr. Stewart stated that Shared Towers had asked Triton, PCS if they would be interested in locating on the proposed towers, however, after his client conducted studies, it was determined there would be serious gaps along Rt. 522 if the Hunting Ridge and the Cross Junction sites were used with Triton's system. Mr. Stewart believed that a tower should not be constructed until a service provider has a need for a tower in a specific location and that is not the case here. He believed there was not a commitment from a particular licensed carrier for the proposed towers. Mr. Stewart said that the County's ordinance does not require this, however, it doesn't preclude the Commission from considering it as a factor in whether or not this is an appropriate site for a telecommunications facility. He said that if this is not the location that provides the best service, it may very well not be an appropriate approval. Mr. Mickey Mahoney, an RF (radio frequency) Engineer with Wireless Facilities, Inc., and Mr. Dale Finocchi, a deployment manager with SunCom, also spoke in behalf of Triton, PCS explaining the studies they conducted to determine the best tower location sites for the service Triton, PCS provides. Mr. Jearldean D. Collins, adjoining property owner at 198 Chestnut Grove Road, was opposed to the proposed setback reduction for the location of the tower. Deputy Director Lawrence pointed out that the Collins' property is greater than 220' from the proposed tower, according to the applicant's submitted package. Mr. Mark Smith returned to the podium and introduced Mr. Kamal Doshi, the owner of Shared Towers (Spectrum Resources, Inc.). Mr. Smith assured the Commission that the data submitted with their application is good, credible data, provided by RF engineers from Arlington with 40+ years of experience, and he also elaborated on Mr. Doshi's past experience in the tower industry. Mr. Kamal Doshi stated that as a businessman, the only way he can make a profit is by designing towers for multiple users; economically, if a tower is empty or only has one tenant, the project has Frederick County Planning Commission Minutes of December 5, 2001 Page 745 -4 - failed. Mr. Doshi explained that he has met with representatives of Triton and his engineers believed there was an inexpensive technical solution that Triton could use to meet their particular needs. Mr. Doshi proceeded to explain the solution proposed by his engineers; he also stated that as a result of Triton's difficulties and to accommodate Triton's concerns, he has a proposal for an additional tower; however, it is not yet ready because of pending agency comments. Mr. Doshi said that Shared Towers would like Triton to be one of their customers and they are trying to solve their issues through his engineers and additional sites. Mr. Doshi believed, however, that the sites as initially proposed are appropriately placed. Discussion ensued among the Commission members regarding whether it was more appropriate for the service provider or the tower provider to determine the most appropriate tower locations. Some commissioners were not in favor of tower speculators; they believed that it would necessitate service providers coming in with "fill-in" tower requests. Other commissioners were ofthe opinion that this particular service provider's coverage requirements would not necessarily be duplicated by another service provider. Commissioner Thomas made a motion, which was seconded by Commissioner Light, to approve Conditional Use Permit # 18-01 with the waivers requested and with conditions as recommended by the staff. This motion failed, however, by the following vote: YES (TO APPROVE CUP #18-01): Fisher, Kriz, Thomas, Light, Unger NO: Rosenberry, Triplett, Ours, DeHaven, Morris, Watt Because the motion failed, Chairman DeHaven called for a new motion. Commissioner Morris made a motion, which was seconded by Commissioner Triplett, to deny Conditional Use Permit # 18-01. This motion also failed, by the following vote: YES (TO DENY CUP #18-01): Morris, Ours, Triplett, NO: Watt, Unger, Light, Thomas, Kriz, Fisher, Rosenberry, DeHaven Because this motion failed, Chairman DeHaven called for a new motion. Commissioner Thomas resubmitted the motion recommending approval of Conditional Use Permit # 18-01 with the waivers requested and with conditions as recommended by the staff. This motion was seconded by Commissioner Light and passed by the following vote: YES (TO APPROVE CUP #18-01): Unger, Light, Thomas, Kriz, Fisher, NO: Watt, Morris, Triplett, DeHaven ABSTAIN: Ours, Rosenberry Frederick County Planning Commission Minutes of December 5, 2001 Page 746 -5 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit Application # 18-01 of the Cross Junction Tower, submitted by Spectrum Resources, Inc. (Shared Towers) for a 195' telecommunications tower with two requested waivers, a reduced setback of 35' from the property line and the ability to utilize lattice -type construction, and with the following conditions: 1. All zoning ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower will have space available free of charge for Frederick County emergency communications (see letter dated November 15, 2001). 3. The tower shall be available for co -locating personal wireless services providers. 4. A minor site plan shall be approved by the County. 5. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. Conditional Use Permit Application #19-01 for the Hunting Ridge Tower, submitted by Shared Towers, for a 195 -foot -high monopole telecommunications facility. This property, zoned RA, is located at 329 Hunting Ridge Road and is identified with P.I.N. 30-A-114 in the Gainesboro District. Action - Recommended Approval with Conditions Planner Mark Cheran said the applicant proposes to construct a 195 -foot monopole telecommunications tower designed to accommodate commercial telecommunication carriers and to be located on a 12 -acre site at 329 Hunting Ridge Road. Planner Cheran said there were no adverse comments from any of the reviewing agencies. He said that staff believes this application has adequately addressed the requirements of the County Zoning Ordinance in that a need for this facility, based on a lack of coverage and capacity in this part of the County, has been demonstrated. Planner Cheran continued, stating that the proposed facility is approximately 2,000' from the road right-of-way, 264' and 263', respectively, from side property lines, and 223' from the rear property line. He next read a list of recommended conditions, should the Commission choose to recommend approval of the Conditional Use Permit. Mr. Mark Smith of Greenway Engineering, who was representing the applicant, Shared Towers (Spectrum Resources, Inc.), stated that the application has been prepared in conformance with ordinance requirements and all the reviewing agency comments have been addressed. Commission members had questions on the locations of existing and proposed towers. Chairman DeHaven called for public comments and the following person came forward to Frederick County Planning Commission Minutes of December 5, 2001 Page 747 speak: Mr. Dave Stewart, an attorney with the law firm of McGuire Woods, was present on behalf of Triton, PCS, one of the licensed wireless service providers in Frederick County. Mr. Stewart stated that they are opposed to the approval of the Hunting Ridge Tower, along with the previous application for the Cross Junction Tower, for the same reasons previously stated. Mr. Dan Shank, one of the property owners of the Reynolds Store site, pointed out that no towers will be built unless a carrier is solicited for that tower. Commissioner Light asked the applicant if he would like to request a tabling of this conditional use permit in order to work out a mutual solution with representatives of Triton, PCS. Mr. Kamal Doshi, the owner of Shared Towers (Spectrum Resources, Inc.) said that they would consider moving their proposed tower locations only if the new location would work for other carriers according to his engineers. Mr. Doshi said that he can not be in the business of being a one -carrier tower provider. He stated that his engineers are confident that the primary carriers, who use two to three different technologies, can use the three towers they are proposing. Mr. Doshi said that they would like the Planning Commission to consider this application as proposed. Mr. Mark Smith of Greenway Engineering, representing Mr. Doshi, stated they have worked several months getting this application together, obtaining signed leases for the properties, conducting analysis of coverage areas, conducting historic and wildlife reviews, and other reviews. Mr. Smith added that, unlike Triton, PCS, they are proposing locations all the way to Reynolds Store in order to get complete coverage to the West Virginia Line. Upon motion made by Commissioner Unger and seconded by Commissioner Fisher, BE IT RESOLVED, That the Frederick County Planning Commission, by a majority vote, does hereby recommend approval of Conditional Use Permit Application #19-01 for the Hunting Ridge Tower, submitted by Spectrum Resources, Inc. for a 195 -foot -high monopole telecommunications facility with the following conditions: All zoning ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower will have space available free of charge for Frederick County emergency communications (see letter dated November 15, 2001). 3. The tower shall be available for co -locating personal wireless services providers. 4. A minor site plan shall be approved by the County. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. Frederick County Planning Commission Minutes of December 5, 2001 Page 748 -7 - This vote on this application was as follows: YES (TO APPROVE CUP #19-01): Rosenberry, Fisher, Kriz, Thomas, DeHaven, Light, Unger NO: Watt, Morris, Ours, Triplett Conditional Use Permit Application #20-01 for the Reynold's Store Tower, submitted by Shared Towers, for a 195' high lattice tower telecommunications facility. This property is located at 8526 North Frederick Pike and is identified with P.I.N. 11-A-39 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Planner Mark R. Cheran stated that the applicant proposes to build a 195' lattice -type telecommunication facility designed to accommodate commercial telecommunication carriers. He said the proposed facility will be located on a 105 -acre site located on North Frederick Pike (Rt. 522N). Planner Cheran said there were no adverse comments from any of the reviewing agencies. He said that staff believes this application has adequately addressed the requirements of the County Zoning Ordinance in that a need for this facility, based on a lack of coverage and capacity in this part of the County, has been demonstrated. Planner Cheran continued, stating that the applicant is requesting the ability to utilize lattice - type construction material because this new facility is located outside of the Urban Development Area (UDA) and is not in close proximity to identified historic areas. He said that the setbacks will be approximately 271' from the road right-of-way, 463' from the side property line, and 1,000' from the rear property line. He next read a list of recommended conditions, should the Commission choose to recommend approval of the Conditional Use Permit. Mr. Mark Smith ofGreenway Engineering, representing Shared Towers (Spectrum Resources, Inc.), the applicant, requested the approval of the conditional use permit application with an additional condition. Mr. Smith said that, at the request of a local airport, they have agreed to add a strobe light onto the tower. Chairman DeHaven called for public comments, however, no one came forward to speak. No issues or questions were raised by the Commission. Upon motion made by Commissioner Kriz and seconded by Commissioner Light, BE IT RESOLVED, That the Frederick County Planning Commission, by a majority vote, does hereby recommend approval of Conditional Use Permit 420-01 of the Reynold's Store Tower, submitted by Spectrum Resources, Inc. (Shared Towers) for a 195' telecommunications tower with a requested waiver, the ability to utilize lattice -type construction, and with the following conditions: Frederick County Planning Commission Minutes of December 5, 2001 Page 749 -8 - All zoning ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower will have space available free of charge for Frederick County emergency communications (see letter dated November 15, 2001). The tower shall be available for co -locating personal wireless services providers. 4. A minor site plan shall be approved by the County. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. A strobe light will be permitted to be placed on top of the tower, at the request of a local airport. The vote on this application was as follows: YES (TO APPROVE CUP #20-01): Watt, Rosenberry, Fisher, Kriz, Thomas, DeHaven, Light, Unger NO: Morris, Ours, Triplett Conditional Use Permit Application #21-01 of Mary Fansler to operate a daycare facility. This property is located at 852 Butler Avenue and is identified with P.I.N. 54M-1-2-25 in the Stonewall Magisterial District. Action - Recommended Approval with Conditions Planner Rebecca Ragsdale stated that the daycare facility is to be conducted within the principal structure. She said the surrounding properties consist of residential uses; the nearest residence is located 25' from the principal structure. Planner Ragsdale reported that the backyard area where children would play is fenced; the residence is served by public sewer and water; and there were no disapproving review agency comments. She added that the applicant is not presently licensed by the Commonwealth of Virginia Department of Social Services as a family day home, but has started the application process. Ms. Mary Fansler was available for questions from the Commission. Chairman DeHaven called for public comments and the following person came forward to speak: Ms. Sue Teal, representing her mother, Evangeline Teal, an adjoining property owner at 129 Old Dominion Drive, said their major concern is safety. Ms. Teal had questions regarding the size of the fenced -in area where the children will play; how many care -givers will be employed and how many children will they be responsible for; and the security of the area. Ms. Teal said the maintenance easement is a ditch Frederick County Planning Commission Minutes of December 5, 2001 Page 750 -9 - and it is hazardous. Planner Ragsdale commented that the concerns raised by Ms. Teal will be addressed by the Department of Social Services Regional Licensing Office during a site visit before conveying a license. Commissioner Light commented that the staff conclusions refers to ten children, however, Ms. Fansler's application states eight. Planner Ragsdale said the number ten was used to be consistent with other approved day care conditional use permits and to give the applicant some flexibility, should she desire to expand in the future. No other issues were raised by the Commission. The Commission believed the use would be appropriate with the conditions recommended by the staff. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit Application #21-01 of Mary Fansler to operate a daycare facility at 852 Butler Avenue with the following conditions: The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. The number of non-resident children allowed at this daycare facility shall total no more than ten. 3. No business sign shall be permitted. All review agency comments shall be complied with at all times. Rezoning Application #10-01 of Jordan Springs, submitted by Triad Engineering, Inc., to rezone 10 acres from RA (Rural Areas) to 132 (Business General) with the HA (Historic Area) Overlay Zone. This property is located at 1160 Jordan Springs Road and is identified with P.I.N. 44-A-294 in the Stonewall Magisterial District. Action - Recommended Approval with Revised Proffers Deputy Planning Director, Eric R. Lawrence, read the background information and review agency comments. Deputy Director Lawrence explained that the current use of the property is for the County Court Reporters, which is an office use, and is currently operating under a conditional use permit. He said the rezoning is being sought as a means to further solidify the office use, while making an effort to preserve the historic characteristics of the property. He pointed out that while the CUP applied to the entire parcel, the rezoning request only applies to a 10.33 -acre portion of the larger parent tract. Deputy Director Lawrence continued, stating that the parcels are located outside of the County's Urban Development Area (UDA) and its Sewer and Water Service Area (SWSA) and is within the Frederick County Planning Commission Minutes of December 5, 2001 Page 751 -10 - Second Battle of Winchester Study Area. He said the site contains historic structures and is eligible for historic recognition at the local, state, and federal levels. He noted that the rezoning proposal is consistent with the historic preservation policies in the Comprehensive Policy Plan and the Statement of Intent in the Frederick County Zoning Ordinance. Mr. Lawrence stated that the applicant could more appropriately respond to the review agency comments and staff concerns by addressing the following issues: 1) establish a limit on the number of, the location of and tube height i signs to be laced on the --ro--er<- 2` Amprove the existing site 5 g p Y Y Y, J Y g - entrance to satisfy state entrance standards; 3) establish a limit on the number of entrances permitted onto Jordan Springs Road (Rt. 664); and, 4) establish methods to mitigate the visual and safety concerns with the lagoon, including landscaping and a fence enclosure. Mr. Stephen M. Gyurisin with Triad Engineering, Inc., was representing the applicants, County Court Reporters, Inc., the purchasers of the property, and Missionary Servants of the Most Holy Trinity, the owners of the property. Commission members voiced the same concerns that were raised by the staff. After discussing these issues with the applicants' representative, the applicants' representative volunteered to modify the proffer statement to establish a limit on the number, location, and height of signs to be placed on the property; to limit the number of entrances on the property to two and to have those entrances meet VDOT entrance standards; and to address the lagoon safety issue by providing fencing, if it is agreeable with the Department of Environmental Quality (DEQ). The applicants' representative believed he could provide the revised proffer statement, with the owners' signatures and the County Attorney's review, prior to the Board of Supervisors' public hearing scheduled for December 12, 2001. Chairman DeHaven called for public comments, however, no one came forward to speak. Upon motion made by Commissioner Light and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #10-0 1 of Jordan Springs, submitted by Triad Engineering, Inc., to rezone 10 acres located at 1160 Jordan Springs Road from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone with the understanding that the applicants will modify the proffer statement to establish a limit on the number, location, and height of signs to be placed on the property; to limit the number of entrances on the property to two and to have those entrances meet VDOT entrance standards; and to address the lagoon safety issue by providing fencing, if it is agreeable with the Department of Environmental Quality (DEQ). Rezoning Application #11-01 of APAC - Virginia, Inc. and L. F. Franklin & Sons, Inc., submitted by G. W. Clifford & Associates, Inc. to rezone 7.45 acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located at the northeast quadrant of the intersection of Rt. 11 and Rt. 664 near Stephenson and is identified with P.I.N. 44-A-89 and 44 -A -89A in the Stonewall Magisterial District. Action - Recommended Approval with Revised Proffer Commissioner Unger stated that he would abstain from all discussion and voting on this item Frederick County Planning Commission Minutes of December 5, 2001 Page 752 -11 - due to a possible conflict of interest. Deputy Planning Director Eric R. Lawrence stated that this site has been utilized for a construction company, specifically, L. F. Franklin Construction Company, for at least 25 years and this same business was recently sold to APAC, which continues to operate here under the APAC name. He said that APAC intends to expand the existing office building and this expansion necessitates a rezoning as the existing facility is non -conforming. He stated that the 7.45 -acre site is located within the County's Sewer and Water Service Area (SWSA); it is within the portion of the Northeast Land Use Plan which recommends future commercial land use; it is within the Third Battle of Winchester study area; and it is within the Stephenson Rural Community Center. He added that the applicant's proffer statement includes the prohibition of various uses, the submission of a general development plan indicating the location of proposed site improvements, and a monetary contribution for fire, rescue, and sheriff services. Deputy Director Lawrence pointed out that further development of commercial uses at this location will have an impact on an existing residential land use and adjacent agricultural land, and the applicant should consider the establishment of additional landscape screening and height limitations in an effort to mitigate the visual impacts. He next identified several issues, based on the comments received from the various reviewing agencies, which involved impacts to the transportation system, water and sewer service, historic resources, and adjoining properties. He said that the applicant could address the review agency comments and be in compliance with the Northeast Land Use Plan by addressing the following issues: 1) Establish height limits for structures erected on the site; 2) Improve site entrance conditions by limiting a single entrance for each of the state road frontages; 3) Provide appropriate road improvements and upgrade entrances; 4) Establish an evergreen landscape screening along Route 11 to provide year-round screening of the construction equipment, parking, and storage; this landscaping would supplement the buffer and screening requirements; 5) Establish maximum sign heights and square footage that would be appropriate for the Rural Community Center; and 6) Establish appropriate drainage areas per the County Engineer. Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc. introduced himself and Mr. James A. Burrow with APAC, the property owner. Mr. Maddox said they were willing to revise the proffer statement before it was forwarded to the Board of Supervisors and this revision would include: 1) restriction of building heights to no greater than 24' along Stephenson Road (Rt. 664), the road leading into the Stephenson community; however, they preferred not to limit the structure heights to 24' over the entire B3 area; 2) provision of screening along Stephenson Road (Rt. 664), in addition to the buffers required by the site plan and B3 requirements of the ordinance; and the retention of the natural screening along the north side of Martinsburg Pike (Rt. 11) and around the perimeter of the site; 3) restriction of sign height and size; 4) provision of a single entrance on Stephenson Road and Martinsburg Pike; and 5) the exclusion of truck stop uses. There were no public comments. The Commission believed all of their concerns were addressed by the applicant's proposed revised proffer. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, Frederick County Planning Commission Minutes of December 5, 2001 Page 753 -12 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application # 11-01 of APAC - Virginia, Inc. and L. F. Franklin & Sons, Inc., submitted by G. W. Clifford & Associates, Inc. to rezone 7.45 acres from RA (Rural Areas) to 133 (Industrial Transition) with the understanding that the applicant has voluntarily revised the proffer statement to include: 1) restriction of building heights to no greater than 24' along Stephenson Road (Rt. 664), however, it would not limit structure heights to 24' over the entire B3 area; 2) provision of screening along Stephenson Road (Rt. 664), in addition to the buffers required by the site plan and B3 requirements of the ordinance; and the retention of the natural screening along the north side of Martinsburg Pike (Rt. 11) and the perimeter of the site; 3) restriction of sign height and size; 4) provision ofa single entrance on Stephenson Road and Martinsburg Pike; and 5) the exclusion of truck stop uses. (Note: Commissioner Unger abstained from voting.) PUBLIC MEETING Waiver Request to Full Screen Requirement for Powell's Plumbing, submitted by Greenway Engineering. This property is located at 152 Windy Hill Lane, zoned B3, and is identified by P.I.N. 64 -A -4G in the Shawnee Magisterial District. Action - Recommended Approval Planner 11, Jeremy F. Camp, said that the staff has received a request from Mr. Mark Smith of Greenway Engineering, acting on behalf of Powell's Plumbing, for a waiver to the requirements of Section 165-37B(2) of the Frederick County Zoning Ordinance. Planner Camp explained that this section specifies that a full screen should include a ten -foot landscaped easement and a six -foot -high opaque hedge, fence, wall, mound or berm. Planner Camp said that Powell's Plumbing would like for the Planning Commission to consider approving a waiver to allow just a ten - foot landscape screen where a full screen is required by the ordinance. He said the applicant is of the opinion that the fence would have little to no effect because of the natural topography of the location. Planner Camp continued, stating that after a site inspection, the staff confirmed that the topography of the site does serve as a natural screen, but only for a part of the required distance. He agreed that from the parking lot island, just left of the entrance, to the beginning of the cul-de-sac, a fence would have little effect because of the elevation difference. He said that the remaining portion of the required screen, which is located from the beginning of the cul-de-sac to I-81, is at a similar elevation to the adjoining property zoned B2, and, therefore, there is no basis for the requested waiver along this section of the screen. Mr. Mark Smith of Greenway Engineering was present to represent the property owner, Mr. John Powell of Powell's Plumbing, and himself as an adjoining property owner. Mr. Smith Frederick County Planning Commission Minutes of December 5, 2001 Page 754 -13 - concurred that fencing does not serve its intended purpose due to elevation differences and requested that the fence be waived for its entire length. Mr. Smith explained that the area that runs perpendicular to I-81 is where Powell's Plumbing and Greenway Engineering has a shared stormwater management pond; also, from the edge of the stormwater management pond, up about ten feet, Greenway Engineering has future plans to construct additional buildings. Mr. Smith stated that as an adjoining property owner of additional lard along 1-81, described as Windy Hill, L.L.C, he did not care to have the six-foot fence installed and has provided a letter to that affect. Chairman DeHaven commented that the required screen did not seem to interfere with the stormwater management pond. Chairman DeHaven was interested in maintaining the ten -foot landscape easement. Upon motion made by Commissioner Morris and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve a waiver of the full screen requirement (fence) along the entire southern property line at 152 Windy Hill Lane for Powell's Plumbing. The ten -foot landscape easement would still be required. DISCUSSION ITEM Discussion of proposed amendments to the Frederick County Zoning Ordinance regarding loading area requirements. No Action Required Planner II, Jeremy F. Camp, presented draft amendments to the Zoning Ordinance regarding loading area requirements, as requested by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) at their work session on December 15,1999. Planner Camp said the DRRS recommended approval of the text amendment at their meeting of September 27, 2001. He said the goals of the amendment are to provide flexibility to smaller industrial and commercial users with minimal loading space activity. He added that the Industrial Parks Association has participated in the discussions held during various DRRS meetings and supports the proposed changes. The Planning Commission was in support of the proposed amendment and recommended that the staff forward it to the Board for discussion. Frederick County Planning Commission Minutes of December 5, 2001 Page 755 ADJOURNMENT unanimous vote. -14 - No further business remained to be discussed and the meeting adjourned at 10:00 p.m. by Respectfully submitted, Evan A. Wyatt, Secretary Charles S. Deflaven, Jr., Chairman Frederick County Planning Commission Page 756 Minutes of December 5, 2001 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planning Director RE: Request to remove Parcels 73-A-95, 73-A-99, 73 -A -99A and 73-A-102, owned by Rinker Properties, LLC., from the South Frederick Agricultural and Forestal District. DATE: January 2, 2002 Please find attached a letter from Mr. Dudley Rinker to Evan Wyatt dated November 15, 2001. Mr. Rinker has requested the removal of four parcels owned by Rinker Properties, LLC., 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, 11,926.64 acres are contained in this district which is comprised of 179 parcels. Mr. Rinker desires to remove four parcels totaling 160.80 acres from the South Frederick Agricultural and Forestal District. Mr. Rinker has identified a need to pursue other options for this acreage due to the financial constraints that local orchardists have experienced over the past several years. 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 November 27, 2001. The ADAC recognized that the orchard industry is in a downward cycle and there are currently no incentives at the state level to assist orchardists to make farming viable. The ADAC unanimously recommended that the four parcels be removed from the South Frederick Agricultural and Forestal District. Staff will present mapping during the commission meeting 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 Planning Commission consider this request and forward a recommendation to the Board of Supervisors for final determination regarding this matter. U \F—Mg, & Foiesi al Dist\'_000-2005 Agn-lUn:d & Forestal District\Additions & Withdrawals\Rinker0rchards-Removal OfLandFromSouthFredetickAgDistrict-PCMemo. wpd 107 North tient Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planning Director RE: Request to include Parcel 62-A-34, owned by Ruth Gregory, into the South Frederick Agricultural and Forestal District. . DATE: January 2, 2002 Please find attached a form submitted by Ruth Gregory which requests the inclusion of Parcel 62-A- 34 into 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, 11,926.64 acres are contained in this district which is comprised of 179 parcels. The Gregory parcel is located on the north side of Middle Road (Route 628) across from the Orchard View Elementary School. This parcel totals 107.79 acres and is intended to be included in the South Frederick Agricultural and Forestal District. Section 15.2-4310 of the Code of Virginia, 1950 as amended, provides property owners with the ability to request additions of land to an existing agricultural and forestal district via a public process through the local governing body. The Agricultural District Advisory Committee (ADAC) considered this request during their meeting of November 27, 2001. The ADAC unanimously recommended inclusion of this parcel into the South Frederick Agricultural and Forestal District. Staff will present mapping during the commission meeting 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 Planning Commission consider this request and forward a recommendation to the Board of Supervisors for final determination regarding this matter. UAEvan\Ag & Forestal Dist\2000-2005 Agricultural & Forestal District\Additions & Withdrawals\RalhGregory-AddilionofLandToSouthFrederickAgDistrict-PCMemo.wpd 107 North tient Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development MEMORANDUM i TO: Frederick County Planning Commission 540/665-5651 FAX: 540/665-6395 FROM: Evan A. Wyatt, Planning Director ' ro RE: Request to include Parcels 85-A-125, 85-A-130 and 85-A-131, owned by Mary Ritenour; Parcel 85-A-132, owned by Sandra Ritenour; Parcel 85-A-129, owned by Steven and MaryRitenour; and Parcel 85 -A -125A, owned byBenjamin and Priscilla Ritenour, into the Double Church Road Agricultural and Forestal District. DATE: January 2, 2002 Please find attached a letter from Gary DeOms to Mary Ritenour dated October 23, 2001, and several forms submitted by members of the Ritenour family which request the inclusion of Parcels 85-A- 125, 85 -A -125A, 85-A-129, 85-A-130, 85-A-131 and 85-A-132 into the Double Church Road Agricultural and Forestal District. The Double Church Road Agricultural and Forestal District was established in 1995 and has been renewed one time. The most recent renewal of this district occurred in March 2000 for a period of five years. Currently, 1,131.46 acres are contained in this district which is comprised of 30 parcels. The Ritenour parcels are along Peace and Plenty Lane, immediately south of the County's Urban Development Area (UDA). The parcels total 381.34 acres and are intended to be included in the Double Church Road Agricultural and Forestal District. Section 15.2-4310 of the Code of Virginia, 1950, as amended, provides property owners with the ability to request additions of land to an existing agricultural and forestal district via a public process through the local governing body. The Agricultural District Advisory Committee (ADAC) considered this request during theirmeeting of November 27, 2001. The ADAC unanimously recommended inclusion of these parcels into the Double Church Road Agricultural and Forestal District. Staff will present mapping during the commission meeting 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 Planning Commission consider this request and forward a recommendation to the Board of Supervisors for final determination regarding this matter. I I `,Gran\Ag & Forestal Dist\2000 2005 Agricultural & Forestal District\Additions & Withdrawals\RitenourFamily-AdditionOtlandToDoubleChurchRwdAgDistrict-PCMemo.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 PC REVIEW: 01/16/02 BOS REVIEW: 02/13/02 CONDITIONAL USE PERMIT ##01-02 COLD SPRING TOWER Telecommunications Facility LOCATION: This property is located at 6298 North Frederick Pike. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 19 -A -15A PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and Vacant PROPOSED USE: 199 -foot -high monopole 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. 522, 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 minimum standards. Fire Marshal: Per NFPA 299, a 14.5 -foot vertical clearance must be maintained for the entire width of the roadway for emergency vehicle access. Plan approval is recommended. Inspections Department: Structures shall comply with The Virginia Uniform Statewide Building Code and Section 312, Use Group U (Utility) of The BOCA National Building Code/1996. Plans submitted for permitting the tower shall be sealed by a Virginia -licensed design professional. Special inspections per Chapter 17 of BOCA shall be required. Other Cold Spring Tower, CUP #01-02 Page 2 January 8, 2002 buildings exceeding 150 square feet shall require building permits. Public Works/Engineering: Please see attached letter from H. E. Strawsnyder, Jr., P.E. dated 12/17/0-1. Winchester Regional Airport: Please see attached letter from Serena R. Manuel, Executive Director, dated 12/14/01. City of Winchester: No comments. Planning and Zoning: The Frederick County Zoning Ordinance allows for Commercial Telecommunications Facilities in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. The Frederick County Zoning Ordinance specifies that a CUP for a commercial telecommunication tower 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 in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. The applicant proposes to construct a 199 -foot monopole telecommunications facility that is designed to accommodate commercial telecommunication providers. The proposed facility will be located on a 5.653 -acre site located north of Route 522, north of Isaac Creek. The applicant has provided an inventory of existing telecommunication facilities in the area, and there are no existing facilities or appropriate structures available for collocation in this general area. The maps within the application analyzing coverage need in this area appears to be sufficient to determine the adequacy of the search area, and the existing coverage. Staffwould note that at the January 2, 2002 meeting, the Planning Commission reviewed and recommended approval of CUP 422-01 [(Shared Towers) Spectrum Resources - White Tail Lane Tower] for a commercial telecommunication facility in this general area. This pending Shared Towers CUP application will be reviewed by the Board of Supervisors during their January 23, 2002 meeting. Pending CUP #22-01 appears to adequately provide for the coverage needs sought by CUP #01-02 (SBA Properties/Triton PCS). The applicant is requesting a reduction of the setbacks pursuant to Section 165-48.6(B).1 of the Zoning Ordinance as they are proposing to locate the commercial telecommunication facility approximately 95 feet from the eastern property line boundary. The Zoning Ordinance provisions require that towers of 199 feet or higher (as is proposed) be placed a minimum of 215 feet from adjoining property lines. The Planning Commission may reduce the required setback distance for commercial telecommunication facilities if it can be demonstrated that Cold Spring Tower, CUP #01-02 Page 3 January 8, 2002 the location is of equal or 'lesser impact. The applicant has attempted to place the facility to minimize the need for a setback reduction. The request for a reduced setback of 95 feet from the property line has been made in order to provide increased flexibility in the exact location for the placement of this tower. The adjoining property is owned by the same property owner. The applicant will be required to provide lighting to comply with the requirements of the Winchester Regional Airport Authority. The lights shall comply with FAA standards as noted in the letter submitted by the Executive Director of the Airport Authority. The Frederick County Zoning Ordinance requires that these lights be shielded from ground view to mitigate illumination to neighboring properties and rights -of -ways. Buffer and screening requirements will be determined at the site plan review stage. STAFF CONCLUSIONS FOR THE 1-16-02 PLANNING COMMISSION MEETING: Staffbelieves that this application for the Commercial Telecommunication Facility has not adequately addressed the requirements of the Zoning Ordinance in that need for his facility, based on a lack of coverage and capacity in this part of the County, has not been demonstrated. This position is based on the fact that CUP #22-01 (which could provide the necessary facility) has already been reviewed by the Planning Commission, and a recommendation for approval been forwarded to the Board of Supervisors; Board action is pending. The applicant has not clearly demonstrated that CUP #22-01 will not be appropriate for collocation the event it gains the Board of Supervisors' approval. Should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: 1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. 3. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or properly 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, then the CUP will be deemed invalid. 0.\Agendas\COMMENTS\CUP'i\2002\Cold Sprang Towe—pd COUNTY of FREDERICK December 17, 2001 Mr. Carlton Gilbert SBA Properties, Inc. 8401 Corporate Drive, Suite 560 Landover, Maryland 20785 Department of Public Works 540/665-5643 FAX: 540/678-0682 RE: Conditional Use Permits for Three Communication Towers in Frederick County, Virginia Dear Mr. Gilbert: We do not have any objections to the proposed communication towers located at 6298, 7254 and 4048 North Frederick Pike in Frederick County, Virginia. The site plans proposed for these three tower locations are approved by this department as submitted with the inclusion of an erosion and sediment control plan for each site and the insertion of the following statement on the contract plans and sheet L-2 under county notes: "The contractor shall obtain a land disturbance permit from the Frederick County Department of Public Works prior to initiating any site work." Please provide us with a revised copy of sheet L-2 for our records. HES/rls cc., Frederick County Planning and Zoning file A:\sb9comtwrscup.wpd Sincerely, Harvey: . Strawsnyder, Jr., P.E. Director of Public Works 107 North Kent Street * Winchester, Virginia 22601-5000 WINCHESTER REGIONAL AIRPORT SERVING THE 1 491 AIRPORT ROAD TOP OF VIRGINIA WINCHESTER, VIRGINIA 22602 L�HORR1( (540) 662-2422 December 14, 2001 SBA Properties, Incorporated 8401 Corporate Drive, Suite 560 Landover, Maryland 20785 RE: Conditional Use Permit Comments — SBA Properties, Inc. 199' Monopole WCR947D - 7254 North Frederick Pike 199' Monopole WCR946F — 6298 North Frederick County Dear Mr. Sir: The Winchester Regional Airport Authority offers the following comments on the above referenced Request for Conditional Use Permit to be included as part of the process for approval: 1. Although not required by FAA, structure should be marked and lighted in accordance with FAA Advisory Circular 70/7460-1 J, Obstruction Marking and lighting, Chapters 4, 84M -Dual) & 13 2. Consideration should be given to the owner/operator of two private airports, Al and Timber Ridge Airport which are private airports located between three and four nautical miles from these two towers as to possible impact on either of those facilities. These comments are based on the review provided by our engineering firm, Delta Airport Consultants, Richmond, Virginia. They have determined that these proposed towers do not penetrate any FAR Part 77 surfaces therefore there should be no impact on current or future operations at the Winchester Regional Airport. If the above referenced conditions along with any outlined in the FAA study are met, the Winchester Regional Airport Authority has no objections to these requests however, final comment will be withheld pending completion of the FAA aeronautical study. Should you have any questions or need additional information, please contact this office (430) 662-5786. Sincerely, S. R. Manuel Executive Director FELTNER 19 A 15B Wo PANTELIAS 19 A 15C SAUNf)ERS- 19 A 116 I 1. \ `. VIRGINIADEPARiNENTOF 19 A 14 MLLER 19.A 19 A 15 SAUNDERS 19 A 16 FELTNER 19 A 15B Wo PANTELIAS 19 A 15C SAUNf)ERS- 19 A 116 IEPLINGER 19 A 16B ROGERS �. 19 A 164 I Location Mal. For: Cold Spring '�owcr PIN: 19 -A -15A i �t Dept. of Planning and Development,12/01, A.gray Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA Cold Spry Tower C u��oi z /zif e ! f"l2 -021113 1 Id 2- 1. Applicant (The applicant if the owner � /� other) NAME: = J�A f R/R oPa-r/rs . e . / rray Pas 61k ADDRESS: Bq0I IM UW Ab av�S TELEPHONE 301- 2. Please list all owners, occupants, or parties in interest of the property: MW � EL 3. The property is located at: (please give exact directions and include the route number ofyour road or street) AV kkakWUk- d 45 W s fi ON -7; as 5,aa, sr15 MILL QE CN Ilk IfeAlr A Nyc-5s, 4. The property has a road frontage of , feet and a depth of (5 feet and consists of ,S°� � acres. (Please be exact) 5. The property is owned b A-4 RD evidenced by deed from Gv�/TE recorded (previous owner) in deed book no. �02 on page 3g0 as recorded in the records of the Clerk of the Circuit Court, County of Frederick. M. 7. 14 -Digit Property Magisterial Distr. Current Zoning R, Identification No. 1 i Deco A ooa b /.5A ct 9AJNC4 Rnk o Adjoining Property: USE Northofwft- East South Q,L West ZONING RR —904 12. Additional comments, if any: 4awc!51 74,Q l in rr A smc- 40PID or C15"_. Pr �Av r 61::-, 2 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 in your property where the proposed f use will be conducted. ` 1 , Signature of Applicant Signature of Owner 1 Owners' Mailing Address ry ��� L ���, Ii -In Owners' Telephone No. SYO TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: V4 'I.Yvd3 6( S (J,# _L ki C. L- o 16 IZJ 10 V e- V-' 8. The type of use proposed is (consult with the Planning Dept. before completing) 9. It is proposed that the following buildings will be constructed: As �NMAnMI0�s,-MAC' lo. 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: D�N� 15 NI rLC��s NAME f ib811� �-' �r, ADDRESS ZUO _ yo, PROPERTY ID# _19=_A - JV1AC1&--VF4j ISR X603 NAME % %<<T VA ADDRESS -0 B0 O'UW PROPERTY ID# NAME �AR� LIQ .��N�/'`•/'flLs�ri ADDRESS PROPERTY ID#% — S 1 19AA a. �r��� NAME Xbl1L4 5 �] • d 4�oA L� F -TN1SR ADDRESSleo` I A/O - PROPERTY ID# I ! 'A WACKY' A9 A710( --P-3 NAME Sig V. S �7�LSADDRESS 7�J % f� • PROPERTY ID# I9_ _ 14 - 146 �X� J Vim` NAME �ViY �•fur�l�E� d s PROPERTY ID# NAME ADDRESS PROPERTY ID# ADDRESS S(-�-e� PROPERTY ID#T ISBA ............ riECEIVEL DEC 2 12001 December 21, 2001 ()r- Of AAINIIhV Il -)m 11:1 ().nk- Frederick County, Virginia Planning Commission and Board of Supervisors 107 North Kent Street Winchester, Virginia 22601 RE: Request for Conditional Use Permit Approval for a Telecommunications Tower Cold Spring 6298 North Frederick Pike Winchester, Virginia 22603 Dear Board Members: SBA Properties, Inc. (SBA) and Triton PCS (d.b.a. Suncom and will be referred to herein as Suncom) respectfully requests conditional use permit approval for a proposed telecommunications tower facility located on the above-mentioned property. The proposed 195 -foot high tower will consist of a monopole -type structure as required for new telecommunication towers in Frederick County. In August of this year, this site was selected by Suncom's radio-frequency engineers to fill a coverage void and efficiently expand Suncom's network in Frederick County. The proposed facility in conjunction with Suncom's existing and proposed network will enable Suncom to provide reliable service to the entire Route 522 corridor from Winchester to Whitacre. (See attached Site Lease Acknowledgement and Propagation Maps). Suncom proposes to install twelve (12) telecommunications antennas. The antennas and proposed lightning rod will increase the height of the structure to no taller than 199 feet. The proposed location and height of the antennas is sufficient for the radio signal to clear any obstructions such as trees and hilly topography to provide dependable coverage to the intended area. The tower design is of sufficient size to allow up to five commercial providers to co -locate equipment on the tower. The subject property is located within Frederick County, Virginia on the east side of Frederick Pike (Rte. 522), approximately 1/2 mile north Ebenezer Church Road, also known as Tax Map 19, Lot 15A in the Gainesboro District. The site contains approximately 5.6 acres of land and is zoned "RA" (Rural Area District). The property in question is developed with a residential dwelling that is surrounded by large trees. The proposed tower location is within a 10,000 square foot leased area, east of the existing dwelling in an open field. The tower is sited approximately 403 feet from Route 522, and SBA, Inc. 0 8401 [orporaie D, ie GJ Suife 560 - Landover, MD 20785 m 10'' 731 5755 ;a; (301) 731-3255 M wvw sbo�de-cam there is a grade elevation difference of approximately 68 feet from the gravel access road at Route 522 to the proposed tower location. Pursuant to Section 16548.6, commercial telecommunication facilities located in the "RA" district are permitted by conditional use permit approval in accordance with Article III of the Frederick County Zoning Code. In order to be approved, the standards set forth in Section165-16 of the Frederick County Zoning Code must be satisfied The location and design of the proposed tower and equipment shelter complies with all the standards contained within this section: • The proposed telecommunications facility will be unmanned and, aside from its visibility, will have little physical impact on natural land resources. The subject property is a residential use and is surrounded by forests. The proposed use will not change the character of the surrounding area. Furthermore, this low intensity use on a low intensity parcel in the "RA" district adjacent to open parcels of rural land and forests will not impose an adverse impact on the surrounding area. The facility will generate no vibration, pollution, heat, glare or waste products. There will be no adverse impact on the health or general welfare of the public resulting from placement of the proposed tower. Extensive studies conducted by the American National Standards Institute (ANSI) and the Institute of Electrical and Electronic Engineers (IEEE) have revealed no known health risks associated with the radio frequency energy emitted from Personal Communication Services (PCS) base stations like the proposed communications facility. Additionally, the proposed communications facility will be designed and manufactured in accordance with strict Federal Communications Commission requirements. SBA has notified and made the required applications to the Federal Aviation Administration (FAA) in order to ensure that the proposed tower will not exceed FAA obstruction standards or constitute a hazard to air navigation in the area. • The tower structure is designed to withstand sustained hurricane force winds, and in the unlikely event that sufficient force induces structural failure, the tower is designed to collapse upon itself within a limited fall zone about the base. • The proposed facility will not negatively impact property values. Additionally, landscaped buffering will surround the facility. The design of the proposed communications facility is compact and not of a nature that significantly alters the existing site character or impacts nearby properties. The tower will be a galvanized gray finish. There will be no lights on the tower unless required by FAA, which is not anticipated due to the height of the proposed structure. The relatively small size of the equipment and enclosing compound and the low intensity use make the unmanned communications facility compatible with the low density character of the surrounding area. • The unmanned communications facility is designed to operate automatically and continuously. It will require no water or sanitary sewer services. As well, the facility places no additional burden on schools, fire, or police services. • There will be no increase in traffic as the facility will only require maintenance visits approximately once a month and on an as -needed basis to repair malfunctioning equipment. A proposed 20 -foot wide ingress/egress easement will be used to access the compound and to provide for utilities. • The proposed communications facility meets or exceeds all principal structure setbacks for the "RX' district, except that the tower is proposed to be setback 95 feet from the side property line instead of 214 feet as required. The proposed tower location on this site and the distance from all property lines minimizes any visual impact on neighboring properties. In this case, the owner of the subject property is also the owner of the adjacent property that would be impacted by the 95 -foot setback. Based upon the criteria discussed above, this use at this location will serve the growing communication needs of the area while not adversely affecting the health, safety, and general welfare of the citizens of Frederick County. SBA believes that providing wireless communications to the citizens and visitors of Frederick County in a climate where information and communication are key components in enhancing convenience and safety. Furthermore, we believe from the aforementioned analysis that the proposed tower is in harmony with the spirit and intent of the Zoning Regulations. Therefore, we respectfully request conditional use permit approval for this proposed tower location. Thank you for your consideration. If you have questions or need additional information, please call me at (301) 731-5755 or (301) 367-6219. ENGINEERS, INC. December 20, 2001 Mr. Mark R. Cheran Planner I Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601 Re: Cold Spring File: 30258.001 Dear Mr. Cheran: On December 18 and 19, 2001, Pete Wolf and Joe Iacovone visited a total of eleven historical sites within a one mile radius of a proposed 199 -foot monopole located at 6298 North Frederick Pike, Winchester, Virginia. The historical significance of these sites is 'undetermined at this time, however their locations were obtained by research conducted by Pete Wolf at the State Historical Preservation Office located in Richmond, Virginia. In order to determine if the proposed tower would be visible from the historic sites, a six foot diameter helium balloon was floated to 199 feet and a digital photo was taken. The proposed tower would be visible from eight of the referenced sites. The view of the proposed tower from three of the sites appears to be obscured. If you have any questions, or need further information, please don't hesitate to contact me at (804) 559- 2290 or email me at wolfpr@obg.com. Thank you and we appreciate your help in this matter. Very Truly Yours, O'BRIEN & GERE ENGINEERS, INC. �c �M'�v R. Peter Wolf cc: Joe Iacovone Pete Wolf nr ,r O'Brien & Gere Engineers. Inc., an O'Brien &Gere company 7 7502 LeeDavis Road / Suite 22 / Mechanicsville, VA 2311 1 (804) 559-2290 / FAX (804) 559-2207 • htip-// www_obg.Cnrn and oTc,, in major U . cillos engineers - planners Charlotte, NC Austin, TX Harrisburg, PA Richmond, VA December 11, 2001 Ms. Serena R. Manuel Executive Director Winchester Regional Airport 491 Airport Road Winchester, Virginia 22602 RE: Triton PCS Towers SBA Properties, Inc./Triton PCS Winchester Regional Airport Winchester, Virginia Dear Ms. Manuel: We have reviewed the two (2) Frederick. County Conditional Use Permits from SBA Properties, Inc./Triton PCS sent to us with your letter dated December 10, 2001. We find that neither of the towers penetrate any FAR Part 77 Surface associated with Winchester Regional Airport. The following summary details the positions of the two (2) proposed towers: .........:::...,...:...:.. v?l ti`. •:.}v. .C`=Y C. Y.,;;. ':��'- •{. '8F• x+a:�::. f ... _ Y� a «cr.,::r,-+:.::: :�^'a�:?`'iii is 7" -.f l'M4:.'":: 4r'i: v+. :nyv+'Sr^'V:,,r.;:, :r: .%moi}: :}A'Yn:�--fS:n .. }� Y. �•,,i>jY �'•rv:r ":n4' ,,; • n . {.}. �}.v• {, /•i:y:^%•h}v:{hY.h; }i:YYhv- {? -. .:N }...mow Ya..•�c;%r'f'�•`•{��f>-`�.•+'::.::2 :`'}".-r• vi:. ,+: }i.r:{:{:-vi}(::. 'L:r :{ YiC:;fi h�;}. '- "';R'.:`.. "; :. c. _':ry ,6 .,tR, .. . . .....v: -: . .n,^:,:?. 4f }r}}}} .::.'� •.� :�-.v: xi••v :^. {:.{r::r:^ ::: ' :•:?ryi v.»+'r}'??{nv.:tiSC: ?�•:r.{}?}}v.vnr:;CYf.-:v.+y-Y.?,:r.}:rJ.-}:�•%•::::::.N:r.?v.Sv:4::::::rn:{r.:}:::.«.:.:..v...nWr.,.r..v...w..,..: «..... }ii<+!'�i:M :y. <�p{r {:-/f � .. 4i,{}.....v\?w: v....... •w.. .... ..:: �v... f.4};?iti?4}�:: i4:�>::+:4Y.:J>:. . Triton PCS WC 66,584' (12.6 miles) 15,733' (3.0 miles)- 1,012' MSL R 946F right Triton PCS WC 75,839' (14.3 miles) 16,719' (3.2 miles)- 1,170' MSL R 947D right These towers are all far enough from the airport that they will not be a factor in any future airport development as currently depicted on the approved Airport Layout Plan. However, two private airports, Al and Timber Ridge, both located about 14 nautical miles from the Winchester Regional Airport along the extended RW 32 centerline, may be affected as they are between three and four nautical miles from the two towers. Should you have any questions, please do not hesitate to call. Sincerely, r,4, U a --- Adam D. Switzer, E.I.T. ADS:drs Enclosure GEN 8047 7333 Whitepine Road Telephone (804) 275-8301 Richmond, Virginia 23237 Fax (804) 275-8371 Homepage: http://www-deltaairporl.com E-mail: delta@deltaairport.com PC REVIEW: 01/16/02 BOS REVIEW: 02/13/02 CONDiTi'ON A L USE PERMIT #02-02 ACORN HILL TOWER Telecommunications Facility LOCATION: This property is located at 7185 North Frederick Pike. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 18-A-25 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Agricultural ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential PROPOSED USE: 199 -foot -high monopole 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. 701, 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 minimum standards. Fire Marshal: Per NFPA 299, a 14.5 -foot vertical clearance must be maintained for the entire width of the roadway for emergency vehicle access. Plan approval is recommended. Inspections Department: Structures shall comply with The Virginia Uniform Statewide Building Code and Section 312, Use Group U (Utility) of The BOCA National Building Code/1996. Plans submitted for permitting the tower shall be sealed by a Virginia -licensed design professional. Special inspections per Chapter 17 of BOCA shall be required. Other Acorn Hill Tower, CUP #02-02 Page 2 January 8, 2002 buildings exceeding 150 square feet shall require building permits. Public Works/Engineering: Please see attached letter from H. E. Strawsnyder, Jr., P.E. dated 12/17/01. Winchester Regional Airpart: Please see attached letter from S. R. Manuel, Executive Director, dated 12/14/01. Cily of Winchester: No comments. Planning and Zoning: The Frederick County Zoning Ordinance allows for Commercial Telecommunications Facilities in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. The Frederick County Zoning Ordinance specifies that a CUP for a commercial telecommunication tower 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 in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. The applicant proposes to construct a 199 -foot monopole telecommunications facility that is designed to accommodate commercial telecommunication providers. The proposed facility will be located on a 62.5 -acre site located west of Route 522 in the Cross Junction community of the County. The applicant has provided an inventory of existing telecommunication facilities in the area, and there are no existing facilities or appropriate structures available for collocation in this general area. The maps within the application analyzing coverage need in this area appears to be sufficient to determine the adequacy of the search area, and the existing coverage. Staff would note that at the December 5, 2001 meeting, the Planning Commission reviewed and recommended approval of CUP 418-01 [(Shared Towers) Spectrum Resources - Cross Junction Tower] for a commercial telecommunication facility in this general area. This pending Shared Towers CUP application will be reviewed by the Board of Supervisors during their January 23, 2002 meeting. Pending CUP #18-01 appears to adequately provide for the coverage needs sought by CUP #02-02 (SBA Properties/Triton PCS). The applicant will be required to provide lighting to comply with the requirements of the Winchester Regional Airport Authority. The lights shall comply with FAA standards as noted in the letter submitted by the Executive Director of the Airport Authority. The Frederick County Zoning Ordinance requires that these lights be shielded from ground view to mitigate illumination to neighboring properties and rights -of -ways. Buffer and screening requirements Acorn Hill Tower, CUP #02-02 Page 3 January 8, 2002 will be deternniiied at the site plan review stage. STAFF CONCLUSIONS FOR THE 1-16-02 PLANNING COMMISSION MEETING: Staffbelieves that this application for the Commercial Telecommunication Facility has not adequately addressed the requirements of the Zoning Ordinance in that need for his facility, based on a lack of coverage and capacity in this part of the County, has not been demonstrated. This position is based on the fact that CUP # 18-01 (which could provide the necessary facility) has already been reviewed by the Planning Commission and a recommendation for approval forwarded to the Board of Supervisors; Board action is pending. The applicant has not clearly demonstrated that CUP #18-01 will not be appropriate for collocation the event it gains the Board of Supervisors' approval. Should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: 1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. A minor site plan shall be approved by the 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, then the CUP will be deemed invalid. 01Aq,nd-s (OMMEN ISV((V,V0021Amm 11,11,pd COUNTY of FREDERICK Tlero-mher 17 7011 y— Mr. Carlton Gilbert SBA Properties, Inc. 8401 Corporate Drive, Suite 560 Landover, Maryland 20785 Department of Public Works 540/665-5643 FAX: 540/678-0682 RE: Conditional Use Permits for Three Communication Towers in Frederick County, Virginia Dear Mr. Gilbert: We do not have any objections to the proposed communication towers located at 6298, 7254 and 4048 North Frederick Pike in Frederick County, Virginia. The site plans proposed for these three tower locations are approved by this department as submitted with the inclusion of an erosion and sediment control plan for each site and the insertion of the following statement on the contract plans and sheet L-2 under county notes: "The contractor shall obtain a land disturbance permit from the Frederick County Department of Public Works prior to initiating any site work." Please provide us with a revised copy of sheet L-2 for our records. HES/rls cc: Frederick County Planning and Zoning file AAshacomtwrscup.wpd Sincerely, Harvey . Strawsnyder, Jr., P.E. Director of Public Works 107 North Kent Street - Winchester, Virginia 22601-5000 WINCHESTER REGIONAL AIRPORT SERVING THE TOP OF VIRGINIA / December 14, 2001 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 SBA Properties, Incorporated 8401 Corporate Drive, Suite 560 Landover, Maryland 20785 RE: Conditional Use Permit Comments — SBA Properties, Inc. 199' Monopole WCR947D - 7254 North Frederick Pike 199' Monopole WCR946F — 6298 North Frederick County Dear Mr. Sir: The Winchester Regional Airport Authority offers the following comments on the above referenced Request for Conditional Use Permit to be included as part of the process for approval: 1. Although not required by FAA, structure should be marked and lighted in accordance with FAA Advisory Circular 70/7460-1J, Obstruction Marking and lighting, Chapters 4, 8 (M -Dual) & 13 2. Consideration should be given to the owner/operator of two private airports, Al and Timber Ridge Airport which are private airports located between three and four nautical miles from these two towers as to possible impact on either of those facilities. These comments are based on the review provided by our engineering firm, Delta Airport Consultants, Richmond, Virginia. They have determined that these proposed towers do not penetrate any FAR Part 77 surfaces therefore there should be no impact on current or future operations at the Winchester Regional Airport. If the above referenced conditions along with any outli ed in the FAA study are met, the Winchester Regional Airport Authority has no objecti s to these requests however, final comment will be withheld pending completion of th FAA aeronautical study. Should you have any questions or need (430) 662-5786. Sincerely, S. R. Manuel Executive Director information, please contact this office ICKS A 22 nRER 23 WHITACRE 18 A 25A 18 A 22A 1, COHEN BUTCHER'3 zt 1;8 A\ 26 YZER JS A 27BB al Bi CUP # 02 M uAM ANb� ;?.. 0 Location IVbp For: Atom H ill Tower PILI. 1 8 A "AFIZ53 4 CopLPl HiII To Wer Cup *02--02. Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner _� other) NAME: =S �K .5- :&�6 n Winrc,49LV Q, Ij�Q _542 WAS . 1;M � .T D JGKCON�� ADDRESS: ��� �nAPI)R ATFr Y) P 111 �/1 �"T� A:V I-A(�I6.a. n NI'A A6 TELEPHONE 301- r731- 2. %3 - 2. Please list all owners, occupants, or parties in interest of the property: D AY p S. 1 18 fTAcRF' 3. The property is located at: (please give exact directions and include the route number of your road or street) 7183" y(Ic6g- J 7 A a�.z� �K .5- :&�6 n Winrc,49LV Q, Ij�Q _542 WAS . 1;M � AT, l s 5 M. 42a LE� N9 MM AN 4. The property has a road frontage of Tj6. 5-6 feet and a depth of t,-rjS feet and consists of -exact) acres. (Please be 5. The property is owned by hAVIV 9. W F as evidenced by deed from M619 L. a T N recorded (previous owner) in deed book no.on page nlo , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. ! 00 DO A,0000,9-50 Magisterial District 1V Current Zoning L jaT 7. Adjoining Property: J11'SE ZONING North = 1., East yu L SouthIA4- RA West � �RosS 8. 9. r U F - V cork-) Pitt The type of use proposed is (consult with the Planning Dept. before completing) !�5 �1Q.v�a�'Dl iarv�i2 It is proposed that the following buildings will be constructed: L %Y1)�L7- 09V -;Z25 • 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: A b NAME ADDRESS �i�" �NN/"1GI'1 2-� ��Lan PROPERTY IDI A-tt- a6c Ck6sS J14W '1112� PROPERTY " • " E" rl*.k PROPERTYNAME&L4�P4 P0 -44'w .-Qd. ADDRESS % I r NAME AUd I&- �5't0l-45A ADDRESS IAN" I PROPERTY �% , i JPROPERTY IDIAg-A �, r / • NAM PROPERTY IDI NAME 4 ADDRESS -6 76 n ky CRV55 x,70 i y� 1,�IM NAME ADDRESS SZ � d MA,-. AQ PROPERTY IDS /� .A `" �y v�'S G7/ONS NAME -94A LjQ&.E,- ADDRESS PROPERTY ID#` A ~A -- 30A T NAME Iry � I Z{ ,TT �z'ADDRESS PROPERTY IDI li� A -30(i 02 �s JCu�G�/ani Rip 41M R z). dtouss --Ji tvoN, i1A ,u6,2s- NAME P060k 4 ' AQL-,D. OPSM - ADDRESS% 071194 W6 U PROPERTY ID# NAME C Mf}R L A 1. AWPADDRESS PROPERTY ID# &1- '3.3 NAME 0 In S• 4 �4W A , ADDRESS PROPERTY ID# //-/4 19A NAMEJ�Cf! Lp C(J r 4' ft/YI/.GVC- ADDRESS PROPERTY ID# L! -I -5,7 AMIE s i VA O'Ly.�a / NAME S ROt3W l- C AtbZ; „A7- 4;t5lDDRES S 6 010 Ril j% 1 &PROPERTY ID#_P-A - 3D `'�OLs V14 IRErly • Pxc7c 6�2 N� _ r� A ''P BR SRRCC� PROPERTY ID# zal-A NAME PROPERTY ID# NAME PROPERTY ID# ` PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS 3& ee&,d 1,91e .. n c PP55 zu dr/^3, Y� a al5 ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. i Signature of Applicant Signature of Owner Owners' Mailing Address • u' �d �� Leis v`��1� 9 3 -Z 2 IS - Owners' Telephone No. �y° �0 a r 3�-`lo TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: ;r 2 December 21, 2001 Frederick County, Virginia Planning Commission and Board of Supervisors 107 North Kent Street Winchester, Virginia 22601 RE: Bequest for Conditional Use Permit Approval for a Telecommunications Tower Acorn Hill 7185 North Frederick Pike Cross Junction, Virginia 22625 Dear Board Members: riECEIVEU CSC 2 1 2001 '— n1 -D1 AK1KnkICInc1 -i Or" II_ SBA Properties, Inc. (SBA) and Triton PCS (d.b.a. Suncom and will be referred to herein as Suncom) respectfully requests conditional use permit approval for a proposed telecommunications tower facility located on the above-mentioned property. The proposed 195 -foot high tower will consist of a monopole -type structure as required for new telecommunication towers in Frederick County. In August of this year, this site was selected by Suncom's radio-frequency engineers to fill a coverage void and efficiently expand Suncom's network in Frederick County. The proposed facility in conjunction with Suncom's existing and proposed network will enable Suncom to provide reliable service to the entire Route 522 corridor from Winchester to Whitacre. (See attached Site Lease Acknowledgement and Propagation Maps). Suncom proposes to install twelve (12) telecommunications antennas. The antennas and proposed lightning rod will increase the height of the structure to no taller than 199 feet. The proposed location and, height of the antennas is sufficient for the radio signal to clear any obstructions such as trees and hilly topography to provide dependable coverage to the intended area. The tower design is of sufficient size to allow,up to five commercial providers to co -locate equipment on the tower. The subject property is located within Frederick County, Virginia on the west side of Frederick Pike (Rte. 522) and east of Old Frederick Pike Road in Acorn Hill, also known as Tax Map 18, Lot 25 in the Gainesboro District. The site contains approximately 62 acres of land and is zoned "RA" (Rural Area District). The property in question is an open field surrounded by large trees. The proposed tower location is within a 10,000 square foot leased area near the top of a very steep slope. The existing dirt trail currently SBA, Inc C:1 940 [orporafe 0rwe 0 Suife 560 0 londove,_ 9,0 20785 0 1301; 731-5155 fox: 1301) 731-3955 r—I wv', sbcs-4r.cc,� used to access the site from Old Route 522 will be replaced with a proposed 20 -foot wide access. Pursuant to Section 165-48.6, commercial telecommunication facilities located in the "RA" district are permitted by conditional use permit approval in accordance with Article III of the Frederick County Zoning Code. In order to be approved, the standards set forth in Section 165-16 of the Frederick County Zoning Code must be satisfied. The location and design of the proposed tower and equipment shelter complies with all the standards contained within this section: • The proposed telecommunications facility will be unmanned and, aside from its visibility, will have little physical impact on natural land resources. The subject property is a vacant open field and is adjacent to residential use. There is a natural buffer of forests along the boundaries of the property. The proposed use will not change the character of the surrounding area. Furthermore, this low intensity use on a low intensity parcel in the "RA" district adjacent to open parcels of rural land and forests will not impose an adverse impact on the surrounding area. The facility will generate no vibration, pollution, heat, glare or waste products. • There will be no adverse impact on the health or general welfare of the public resulting from placement of the proposed tower. Extensive studies conducted by the American National Standards Institute (ANSI) and the Institute of Electrical and Electronic Engineers (IEEE) have revealed no known health risks associated with the radio frequency energy emitted from Personal Communication Services (PCS) base stations like the proposed communications facility. Additionally, the proposed communications facility will be designed and manufactured in accordance with strict Federal Communications Commission requirements. SBA has notified and made the required applications to the Federal Aviation Administration (FAA) in order to ensure that the proposed tower will not exceed FAA obstruction standards or constitute a hazard to air navigation in the area. • The tower structure is designed to withstand sustained hurricane force winds, and in the unlikely event that sufficient force induces structural failure, the tower is designed to collapse upon itself within a limited fall zone about the base. • The proposed facility will not negatively impact property values. Additionally, landscaped buffering will surround the facility. • The design of the proposed communications facility is compact and not of a nature that significantly alters the existing site character or impacts nearby properties. The tower will be a galvanized gray finish. There will be no lights on the tower unless required by FAA, which is not anticipated due to the height of the proposed structure. The relatively small size of the equipment and enclosing compound and the low intensity use make the unmanned communications facility compatible with the low density character of the surrounding area. The unmanned communications facility is designed to operate automatically and continuously. It will require no water or sanitary sewer services. As well, the facility places no additional burden on schools, fire, or police services. • There will be no increase in traffic as the facility will only require maintenance visits approximately once a month and on an as -needed basis to repair malfunctioning equipment. A proposed 20 -foot wide ingress/egress easement will be used to access the compound and to provide for utilities. The proposed communications facility meets or exceeds all principal structure setbacks for the "RA" district. The proposed tower location on this site and the distance from all property lines minimizes any visual impact on neighboring properties. Based upon the criteria discussed above, this use at this location will serve the growing communication needs of the area while not adversely affecting the health, safety, and general welfare of the citizens of Frederick County. SBA believes that providing wireless communications to the citizens and visitors of Frederick County in a climate where information and communication are key components in enhancing convenience and safety. Furthermore, we believe from the aforementioned analysis that the proposed tower is in harmony with the spirit and intent of the Zoning Regulations. Therefore, we respectfully request conditional use permit approval for this proposed tower location. Thank you for your consideration. If you have questions or need additional information, please call me at (301) 731-5755 or (301) 367-6219. Sincerely, JSBPROPERTIES, INC. Carlton W. Gilbert Project / Zoning Manager — ENGINEERS, INC. December 20, 2001 Mr. Mark R. Cheran Planner I Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601 Re: Acorn Hill File: 30256.001 Dear Mr. Cheran: On December 18 and 19, 2001, Pete Wolf and Joe Iacovone visited a total of fifteen historical sites within a one mile radius of a proposed 199 -foot monopole located at 7185 North Frederick Pike, Cross Junction, Virginia. The historical significance of these sites is undetermined at this time, however their locations were obtained by research conducted by Pete Wolf at the State Historical Preservation Office located in Richmond, Virginia. In order to determine if the proposed tower would be visible from the historic sites, a six foot diameter helium balloon was floated to 199 feet and a digital photo was taken. The proposed tower would be visible from five of the referenced sites. The view of the proposed tower from ten of the sites appears to be obscured. If you have any questions, or need further information, please don't hesitate to contact me at (804) 559- 2290 or email me at wolfpr@obg.com. Thank you and we appreciate your help in this matter. Very Truly Yours, O'BRIEN & GERE ENGINEERS, INC. x xM R. Peter Wolf cc: Toe Iacovone Pete Wolf O'Brien & Gere Engineers. Inc., an O'Brien & Gere company 7502 Lee Davis Road / Suite 22 / Mechanicsville, VA 23111 ^1' (804) 559-2290 / FAX (804) 559-22107 • hilp_// www.obg.com and offices in major U.S. cities iiECIV�b D'EC 2 12001 -_T nc of ANIN11h1C ln«Ic1 pr, engineers - planners Charlotte, NC Austin, TX Harrisburg, PA Richmond, VA December 11, 2001 Ms. Serena R. Manuel Executive Director Winchester Regional Airport 491 Airport Road Winchester, Virginia 22602 RE: Triton PCS Towers SBA Properties, Inc./Triton PCS Winchester Regional Airport Winchester, Virginia Dear Ms. Manuel: We have reviewed the two (2) Frederick. County Conditional Use Permits from SBA Properties, Inc./Triton PCS sent to us with your letter dated December 10, 2001. We fund that neither of the towers penetrate any FAR Part 77 Surface associated with Winchester Regional Airport. The following summary details the positions of the two (2) proposed towers: , r .........:..... r..... ....... :w::: �: •...... ...... ... .,..n..•h. n.. ... n....+: vri........ ..r .......v ..Y.v%..r{:r'--i'+i:�nxr: ,... ... f..+f.. rr. . . ?w:h w:: •:,' .f...,,..,..,. .. ..,....... r...... r.....,•...... .+. r.....,,. .... r . +}....,....?h r.fir.........r..,rf' . �9�.::+:.r {v�:•::,va•..X-.} fi44r••. :{w: }.:. .. .:::::.....�.. .. �%' a�•r {T. rr£ v..:.:r?.}Y...... .... rvi}ii'":.i'::::.v: -�.v .n . ........... 1.:...::::.??•:•,• ................... -h -Yrv'+fie: i}iY.i. ...� ' k��'�.', '�.�� 1[i+v:2�:?fiiii:• ::: n. .. n .:................... ........... . . '�i}{: ... ij:} � �: : ~ �V'r':'::i ,•.�,J,._.,�..•,..,.,.. .'•vi:� }Y•. ..-r.:..w}:. +..a.}•.�.y _,� .,ac:.C°•2n :?""W..$:'J,:. ,G-"" 23c;r�i•';.,::{r.`U•.;y:%v;:{;::.}},f4;:::'•,�}2 :raY;.}' �. .. i� s ,� /•:::-}"n :•.vi}: _ Mfr v�\{i i?54+: {,�%rr�V .Y\:�. .v ::>�'i� .,,��. . r}} .rJ .�.{:�� :iirC }.OS ..J _ •. {r t-':ai`-n2ai,1-:.w..::r -�+{Y M 1.:;�.v+ ,t- v:•.rJ�' •.•[v.L: ..I�YL:iv �$.ti::':iJCn4v � -N i+f: ..{:i i:' ..<Y:-.: {� v: :v: rv-.v:.v::::::: vvr: •:} �:5 :•,r:: • n , . Y. }'� .iPkrr +}}} -,.+�C••: is G•' ie..� :rM:v: a:{?•5:<.}::.}}:•>}:•x.: }.:,•.,, - -r......: Triton PCS WC 66,584' (12.6 miles) 15,733' (3.0 miles)- 1,012' MSL R 946F right Triton PCS WC 75,839' (14.3 miles) 1 16,719' (3.2 miles)- 1,170' MSL R 947D 1 right These towers are all far enough from the airport that they will not be a factor in any future airport development as currently depicted on the approved Airport Layout Plan. However, two private airports, Al and Timber Ridge, both located about 14 nautical miles from the Winchester Regional Airport along the ext&nded RW 32 centerline, may be affected as they are between three and four nautical miles from the two towers. Should you have any questions, please do not hesitate to call. Sincerely, C.W a. 4 --- Adam D. Switzer, E.I.T. ADS:drs Enclosure GEN 8047 7333 Whitepine Road Telephone (804) 275-8301 Richmond, Virginia 23237 Fax (804) 275-8371 Homepage: http://www.deltaairport,com E-mail: delta@deltaairport-com i �7 `7 PC REVIEW: 01/16/02 BOS REVIEW: 02/13/02 CONDITIONAL USE PERMIT #03-02 HUNTING RIDGE TOWER Telecommunications Facility LOCATION: This property is located at 4048 North Frederick Pike. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30-A-116 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential and Agricultural ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and Agricultural PROPOSED USE: 199 -foot -high monopole 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. 522, 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 minimum standards. Fire Marshal: Per NFPA 299, a 14.5 -foot vertical clearance must be maintained for the entire width of the roadway for emergency vehicle access. Plan approval is recommended. Inspections Department: Structures shall comply with The Virginia Uniform Statewide Building Code and Section 312, Use Group U (Utility) of The BOCA National Building Code/1996. Plans submitted for permitting the tower shall be sealed by a Virginia -licensed design professional. Special inspections per Chapter 17 of BOCA shall be required. Other Hunting Ridge Tower, CUP #03-02 Page 2 January 8, 2002 buildings exceeding 150 square feet shall require building permits. Public Works/Engineering: Please see attached letter from H. E. Strawsnyder, Jr., P.E. dated 12/17/01. Winchester Regional Airport: Please see attached letter from Serena R. Manuel, Executive Director, dated 1/03/02. Cily of Winchester: No comments. Planning and Zoning: The Frederick County Zoning Ordinance allows for Commercial Telecommunications Facilities in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. The Frederick County Zoning Ordinance specifies that a CUP for a commercial telecommunication tower 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 in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. The applicant proposes to construct a 199 -foot monopole telecommunications facility that is designed to accommodate commercial telecommunication providers. The proposed facility will be located on a 99.98 -acre site located north of Route 522, in the Hunting Ridge area of the County. The applicant has provided an inventory of existing telecommunication facilities in the area, and there are no existing facilities or appropriate structures available for collocation in this general area. The maps within the application analyzing coverage need in this area appears to be sufficient to determine the adequacy of the search area, and the existing coverage. Staff would note that at the December 5, 2001 meeting, the Planning Commission reviewed and recommended approval of CUP # 19-01 [(Shared Towers) Spectrum Resources - Hunting Ridge Tower] for a commercial telecommunication facility in this general area. This pending Shared Towers CUP application will be reviewed by the Board of Supervisors during their January 23, 2002 meeting. Pending CUP #19-01 appears to adequately provide for the coverage needs sought by CUP #03-02 (SBA Properties/Triton PCS). The applicant will be required to provide lighting to comply with the requirements of the Winchester Regional Airport Authority. The lights shall comply with FAA standards as noted in the letter submitted by the Executive Director of the Airport Authority. The Frederick County Zoning Ordinance requires that these lights be shielded from ground view to mitigate illumination to neighboring properties and rights -of -ways. Buffer and screening requirements Hunting Ridge Tower, CUP #03-02 Page 3 January 8, 2002 will be determined at the site plan review stage. STAFF CONCLUSIONS FOR THE 1-16-02 PLANNING COMMISSION MEETING: Staff believes that this application for the Commercial Telecommunication Facility has not adequately addressed the requirements of the Zoning Ordinance in that need for this facility, based on a lack of coverage and capacity in this part of the County, has not been demonstrated. This position is based on the fact that CUP # 19-01 (which could provide the necessary facility) has already been reviewed by the Planning Commission and a recommendation for approval forwarded to the Board of Supervisors; Board action is pending. The applicant has not clearly demonstrated that CUP #19-01 will not be appropriate for collocation in the event it gains the Board of Supervisors' approval. Should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: 1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. S. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid. 0:lAgendaslCOMMENTSICUP's120021Hunhng Ridgempd MYLISS1 30 A 118 COUNTY of FREDERICK L�ece:::ber 17 IM I Mr. Carlton Gilbert SBA Properties, Inc. 8401 Corporate Drive, Suite 560 Landover, Maryland 20785 Department of Public Works 540/665-5643 FAX: 540/678-0682 RE: Conditional Use Permits for Three Communication Towers in Frederick County, Virginia Dear Mr. Gilbert: We do not have any objections to the proposed communication towers located at 6298, 7254 and 4048 North Frederick Pike in Frederick County, Virginia. The site plans proposed for these three tower locations are approyed by this department as submitted with the inclusion of an erosion and sediment control plan for each site and the insertion of the following statement on the contract plans and sheet L-2 under county notes: "The contractor shall obtain a land disturbance permit from the Frederick County Department of Public Works prior to initiating any site work." Please provide us with a revised copy of sheet L-2 for our records. HES/rls cc: Frederick County Planning and Zoning file A:\sbacomiwrscup.wpd Sincerely, Haryey . Strawsnyder, Jr., P.E. Director of Public Works 107 North Kent Street • Winchester, Virginia 22601-5000 Jan 03 02 03:41p SBA Network Services Inc 301 731 3955 p.4 01%03/02 15:52 F.0 5307229335 RIIC.REG.AIRYORT ftd,01 WINCHESTER REG30 AL AIRPORT 491 AIRPORT ROAD WINCHESTER VIRGINIA 22602 ISM) 662-2422 January 3.2002 SBA Properties, Incorporated 8401 Corporate Drive, Suite 560 Landover, Maryland 20785 RL: Conditional Use Permit Comments - SBA Properties, [nc 199' Monopofe WCR 944E - 4048 !North Frederick Pike Dear Sir. The Winchester Regional Airport Authority offers the following comment on the above mfemnced Request for Conditional Use Permit to be included as part of the process for approval: Atthough not required by FAA, strucWre should be marked and lighted in accordance with FAA Advisory Circular 7017460-1 J. Obstruction Marldng and fighting, Chapters 4, 8 (M -Dual) a 13 tri accordance-mlh Fodwat Aviation Administration regulation f 77.13 ConsttuCtrgn or alterations requiring notice - developer must ffle FAA fpm 74609 with a copy aunt to this office. These comments are based on the review provided by our erryineering firm, Delta Airport Consultants, Riehraond, Virginia. They have datemrined that these pmpo&-A towers do not penetrate any FAR Part 77 surfaces therefore there should be no impea an Current or future operations at the Winchester Regional Airport. If the above referenced conditions along with arry outlined in the FAA dudy are met the Winchester Regional Airport Authority has no objections to these requests however, final comment will be withheld pending receipt of a completed FAA varonautical study. Should irou have any questions or need additional information, please contact this office (430) 662 -5786 - since". S. R. (Manuel Execulive Director y+� tl4 olflibili[y]I to complete fora ar>: a — -taly an pe.albla in order to allrsigt b egsacy orittre..tr revioay. 1100, plasma attar L a Copy of your application tram, lomtiaaf amp, Proffer statabimt, ifcpaat analyula, and all ot:2arr partiriasrt Inriowraation. Jan 03 02 03:41p SBR Network Services Inc 301 731 3955 p-3 01/03/02 15:52 FAX 5407229335 R'INC.REG.AIRPORT 002 "JEL > engineers - plannerG Charlotte. NC Au%tin. TX Hw isbu%. PA Richmudd,VA Det =bc;r Ht, 2001 Nis. Screw F Mmusl Exectnive Director Winchester Regional Airport 491 Airpoat Road Wmchcstcr, Virginia 22602 RE: Triton PCS Tower WC R 944E SBA Properties, WOTriton PCS Winchesta Regional Airport Winchester, Virgptia Dear Ms. Manuel_ We have reviewed the Frederick County Conditional Use Permit from SRA Propatics, bmf Ttium PCS sent to us with your letter dated Deccmher 14, 2001. We find that the tower does not penetrate any FAR Put 77 Surface associated with 'Winchester Regional Airport- The following summary details the positions of the proposed lower This tower is far enough from the airportthat it will not he a factor in any fixture airport development as cmtently depicted on the approved Aupat Layout Plan. The nearest private airport is Al, located approximately 7.1 nautical miles northwest of the tower. Should you have any questions, please do not hesitate to call. Sincerely, Adam D_ Switzer, E1T. AMbig Enclasurt Gen 8059 7333 Whitepine Road Telephone ;804} 275-8301 Richmond. Virginia 23237 fay (804) 275-9371 Homepage: htrp://www-drilaairport.com E-mail: delta@dcliaairpon.com :A�.Zn�y'�`Y rr-s „ 1�wrA-9Mt >L' w. Triton PCS WC R 44,356'(8,4 mites) 14,295' (2.7 miles) -right 1,053' MSL 944E This tower is far enough from the airportthat it will not he a factor in any fixture airport development as cmtently depicted on the approved Aupat Layout Plan. The nearest private airport is Al, located approximately 7.1 nautical miles northwest of the tower. Should you have any questions, please do not hesitate to call. Sincerely, Adam D_ Switzer, E1T. AMbig Enclasurt Gen 8059 7333 Whitepine Road Telephone ;804} 275-8301 Richmond. Virginia 23237 fay (804) 275-9371 Homepage: htrp://www-drilaairport.com E-mail: delta@dcliaairpon.com {quht laid Cu P -13-0 Submittal Deadline 4110 P/C Meeting BOS Meeting �, ?In ,y APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. AApplicant (The applicant if the own NAME: ADDRESS: Ago TELEPHONE r 2. Please list all owners, occupants, or parties in interest of the property: ul 3. The property is located at: (please give exact directions and include the route number of your road or street) / -'c. , Ong C(s ��a 11f�r-�.• Sczz,.�'S c�• �a �(r�o�[ � 4. The property has a road frontage of 1 ' feet and a depth of feet and consists of acres. (Please be exact) 5. The property is owned by � pOBJ W''. s evidenced by deed from recorded (revious owner) in deed book no. 967 on page S�D3 as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Ide ification No. 30(ebb A 0000 116 Magisterial Dis ict & g Current Zoning 7. Adjoining Property: USE Z NING North /, East .;i --iff 7.4 South West wer S. 9. T KC- I . The type of use proposed is (consult before completing) I_ q Gj I mrt', b r, It is propos constructed: EN SUP th the Planning Dept. >. l l /.,r-d!x followipg buildings will 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 Jay &&W 411.61W 9• /f.I LAADDRESS PROPERTY IDI 10% .rJNskI ADDRESS PROPERTY IDS` NAME �,P1r Y'rlf/N(�1�/�_ ADDRESS PROPERTY ID# _ �/� r% �, �� CIS °j 111V o;?&40_3 NAMEL• ,L ADDRESS PROPERTY 1 133— f NAMEb �YN� BGG J> �/ RI iQT' C •4,aVI5 „ ADDRESS PROPERTY ID# /�/� ✓J�%/Q� �/�vD.3 NAME7,4--wit-or. 454�91 ADDRESS -30#4171-104- Avce & PROPERTY r > NAME ADDRESS PROPERTY IDI i NAME eo�r&-� (',- ADDRESS fzft&-�-�kz PROPERTY ID#(2 NAME V, (�W d &,41Y ESS PROPERTY 13& NAME(�.��. ��,[%%� ADDRESS PROPERTY ID NAME. ADDRESS PROPERTY IDI NAME ADDRESS PROPERTY IDI NAME ADDRESS PROPERTY IDI NAME ADDRESS PROPERTY IDI NAME -' ` ADDRESS PROPERTY IDff NAME ADDRESS PROPERTY IDI NAME ADDRESS PROPERTY IDS` NAME ADDRESS PROPERTY IDI NAME ADDRESS PROPERTY IDI NAME ADDRESS PROPERTY IDI. NAME ADDRESS PROPERTY IDI - ' 7 Who*L f �C��t�i�� f %-- 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in -this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. ., Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. Q -0 '- S15 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: December 21, 2001 Frederick County, Virginia Planning Commission and Board of Supervisors 107 North Kent Street Winchester, Virginia 22601 RE: Request for Conditional Use Permit Approval for a Telecommunications Tower Hunting Ridge 4048 North Frederick Pike Winchester, Virginia 22603 Dear Board Members. - E6, __ n� M A,11dIlnlr�:r: V 1 nn: • SBA Properties, Inc. (SBA) and Triton PCS (d.b.a. Suncom and will be referred to herein as Suncom) respectfully requests conditional use permit approval for a proposed telecommunications tower facility located on the above-mentioned property. The proposed 195 -foot high tower will consist of a monopole -type structure as required for new telecommunication towers in Frederick County. In August of this year, this site was selected by Suncom's radio-frequency engineers to fill a coverage void and efficiently expand Suncom's network in Frederick County. The proposed facility in conjunction with Suncom's existing and proposed network will enable Suncom to provide reliable service to the entire Route 522 corridor from Winchester to Whitacre. (See attached Site Lease Acknowledgement and Propagation Maps). Suncom proposes to install twelve (12) telecommunications antennas. The antennas and proposed lightning rod will increase the height of the structure to no taller than 199 feet. The proposed location and height of the antennas is sufficient for the radio signal to clear any obstructions such as trees and hilly topography to provide dependable coverage to the intended area. The tower design is of sufficient size to allow up to five commercial providers to co -locate equipment on the tower. The subject property is located within Frederick County, Virginia on the east side of Frederick Pike (Rte. 522), approximately 1/2 mile north of Hunting Ridge Road, also known as Tax Map 30, Lot 116 in the Gainesboro District. The site contains approximately 99.9 acres of land and is zoned "RA" (Rural Area District). The property in question is heavily wooded with mature trees. The proposed tower location is within a 10,000 square foot leased area near the top of a very steep slope. There is a grade SBA Jnr M 8401 Corporafe Drive ca Suiie 560 m Landover, MD 20785 ED, (301) 731-5755 fax (301) 731-3955:a�r- elevation difference.of approximately 135 feet from the gravel access road at Route 522 to the proposed tower location. Pursuant to Section 165-48.6, commercial telecommunication facilities located in the "RA" district are permitted by conditional use permit approval in accordance with Article III of the Frederick County Zoning Code. In order to be approved, the standards set forth in Section 165-16 of the Frederick County Zoning Code must be satisfied. The location and design of the proposed tower and equipment shelter complies with all the standards contained within this section: The proposed telecommunications facility will be unmanned and, aside from its visibility, will have little physical impact on natural land resources. The subject property is a residential use and is surrounded by forests. The proposed use will not change the character of the surrounding area. Furthermore, this low intensity use on a low intensity parcel in the "RA" district adjacent to open parcels of rural land and forests will not impose an adverse impact on the surrounding area. The facility will generate no vibration, pollution, heat, glare or waste products. • There will be no adverse impact on the health or general welfare of the public resulting from placement of the proposed tower. Extensive studies conducted by the American National Standards Institute (ANSI) and the Institute of Electrical and Electronic Engineers (IEEE) have revealed no known health risks associated with the radio frequency energy emitted from Personal Communication Services (PCS) base stations like the proposed communications facility. Additionally, the proposed communications facility will be designed and manufactured in accordance with strict Federal Communications Commission requirements. SBA has notified and made the required applications to the Federal Aviation Administration (FAA) in order to ensure that the proposed tower will not exceed FAA obstruction standards or constitute a hazard to air navigation in the area. The tower structure is designed to withstand sustained hurricane force winds, and in the unlikely event that sufficient force induces structural failure, the tower is designed to collapse upon itself within a limited fall zone about the base. The proposed facility will not negatively impact property values. Additionally, landscaped buffering will surround the facility. 19 The design of the proposed communications facility is compact and not of a nature that significantly alters the existing site character or impacts nearby properties. The tower will be a galvanized gray finish. There will be no lights on the tower unless required by FAA, which is not anticipated due to the height of the proposed structure. The relatively small size of the equipment and enclosing compound and the low intensity use make the unmanned communications facility compatible with the low density character of the surrounding area. • The unmanned communications facility is designed to operate automatically and continuously. It will require no water or sanitary sewer services. As well, the facility places no additional burden on schools, fire, or police services. • There will be no increase in traffic as the facility will only require maintenance visits approximately once a month and on an as -needed basis to repair malfunctioning equipment. A proposed 20 -foot wide ingress/egress easement will be used to access the compound and to provide for utilities. • The proposed communications facility meets or exceeds all principal structure setbacks for the "RA" district. The proposed tower location on this site and the distance from all property lines minimizes any visual impact on neighboring properties. Based upon the criteria discussed above, this use at this location will serve the growing communication needs of the area while not adversely affecting the health, safety, and general welfare of the citizens of Frederick County. SBA believes that providing wireless communications to the citizens and visitors of Frederick County in a climate where information and communication are key components in enhancing convenience and safety. Furthermore, we believe from the aforementioned analysis that the proposed tower is in harmony with the spirit and intent of the Zoning Regulations. Therefore, we respectfully request conditional use permit approval for this proposed tower location. Thank you for your consideration. If you have questions or need additional information, please call me at (301) 731-5755 or (301) 367-6219. Sincerely, SM PROPERTIES, INC. Liton W. Ggert Project / Zoning Manager ®s D'S IIEN IGGE-n-E ENGINEERS, INC. December 20, 2001 Mr. Mark R. Cheran Planner I Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601 Re: Hunting Ridge File: 30259.001 Dear Mr. Cheran: On December 18 and 19, 2001, Pete Wolf and Joe Iacovone visited a total of twelve historical sites within a one mile radius of a proposed 199 -foot monopole located at 4048 North Frederick Pike, Winchester, Virginia. The historical significance of these sites is undetermined at this time, however their locations were obtained by research conducted by Pete Wolf at the State Historical Preservation Office located in Richmond, Virginia. In order to determine if the proposed tower would be visible from the historic sites, a six foot diameter helium balloon was floated to 199 feet and a digital photo was taken. The proposed tower would be visible from three of the referenced sites. The view of the proposed tower from nine of the sites appears to be obscured. If you have any questions, or need further information, please don't hesitate to contact me at (804) 559- 2290 or email me at wolfpr@obg.com. Thank you and we appreciate your help in this matter. Very Truly Yours, O'BRIEN & GERE ENGINEERS, INC. )e �� �? R. Peter Wolf cc: Joe Iacovone ZVI Pete Wolf O'Brien & Gere Engineers, Inc., an O'Brien & Gere company 7502 Lee. Davis Road / Suite 22 / Mechanicsville, VA 231 1 1 (80.1) SS() 221N1 / FAX (8(k1) b59 2207 • htlpl/ www.onq_ _corn and offices In ma%or U.S. ciftes • J • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Planning Commissioners FROM: Patrick T. Davenport, Zoning and Subdivision Administrator pTB RE: Request of Exception - Bean Properties DATE: January 4, 2002 Attached are three exhibits and a letter dated November 21, 2001 from Ben Butler of Kuykendall, Johnston, McKee and Butler, P.L.C., representing the Bean Properties L.L.C., owners of approximately 1. 17 acres, zoned RA (Rural Areas) in the Gainesboro Magisterial District. Mr. Butler is proposing a subdivision of the property owned by the Bean Properties. Exhibit "A" illustrates the existing conditions for the property. Currently on the subject property, two dwellings exist, situated approximately 63.7 feet apart. The property owners wish to subdivide the parcel in a manner that would have each house situated on an individual parcel. Exhibit `B" illustrates the proposed subdivision which would create a new property line separating the two existing dwellings. The new side setback for the northern dwelling would be 31.7 feet, which is 18.3 feet less than the required 50 - foot setback applicable to the zoning district. The new side setback for the other dwelling would be 32.0 feet, which is 18.0 feet less than 50 -foot side setbacks required by § 165-55A(2) . The proposed subdivision will cause both lots to have less than the 250 feet of road frontage as specified in § 165-56A. The proposed subdivision will also create two new lots, both less than five acres in area. Chapter § 165-54 requires that the minimum lot size in the RA District must be five acres with the exception of Family Variance lots or Rural Preservation lots. Exhibit "C" is a letter dated December 13, 2001 from Mr. Scott Fincham, Environmental Health Specialist with the Frederick County Environmental Health Department. Mr. Fincham has required that the subject property undergo septic system repairs. To obtain Health Department approval for the proposed subdivision, the property owners have complied with the request and created a drain field easement as evidenced on Exhibit "A". In accordance with Chapter 144-5 of the Subdivision Ordinance, the property owners are requesting three waivers. The first waiver pertains to the setback requirements specified in § 165-55A(2) of the Zoning Ordinance. The second waiver pertains to the minimum width requirements specified in § 165-56A. The third waiver pertains to creating two lots with an area less than five acres per §165-54A. The three waiver requests apply to both parcels. The letter from Mr. Butler provides a justification for the waiver request. On behalf of the property owner, Mr. Butler is requesting the aforementioned waivers to allow the proposed subdivision. A recommendation from the Planning Commission to the Board of Supervisors regarding the request is desired. PTD/ch Attachments UlpatrickVCommonAS D Waivers\Bean Waiver report -wpd 107 North Kent Street • Winchester, Virginia 22601-5000 \o NOTE. DRAINFIELDS WERE TAKEN FROM P�( pp, iy ��111� RECORD INFORMAT/ON AND WERE a2�y\' y y� /ELD LOCATED. \d'� a s 00 a tie cl lk 0 3 ay�tP R�� l t�¢h6 Af APPROMWTE \ LOT 2 DRAOWYELD Iti \' \ ► — — — -•- l �n YQ "�0� i DRA#Vh7ELD f9M'r ' iCo L r cor/ J ti k 1.165 ACRES �x/sh(ny �/ canmrh EX/57iNG MCK DWELL" N 25°29'46"W 304.78' Z m x g' E o, LAND OF BEAN PROPERTIES, LLC. GAINESBORO DISTRICT FREDERICK COUNTY, VIRGINIA NORTH FREDERICK PIKE VARIABLE WIDTH) ®.�® FUR MAU SURVEYING (540F662-9323 111 SOU'T'H LOUDOUN STREET WINCHESTER, VIRGINIA 22601 DATE: OCT. 29, 2001 SCALE: /" - 40' 2OF2 Exhibit "B" FINAL PLAT MINOR RURAL SUBDIVISION LAND OF BEAN PROPERTIES, LLC GAINESBORO DISTRICT FREDERICK COUNTY, VIRGINIA TAX MAP NUMBERS: 42-A-309 ZONE: RA USE: RESIDENTIAL SURVEYOR'S CERTIFICATE I, David M. Furstenau, a duly authorized land surveyor, do hereby certify that the land shown in this subdivision is in the name of Bean Properties, LLC, and is all of the land conveyed to them by deed dated July 30, 2001 and recorded among the land records of the Clerk of the Circuit Court for Frederick County, Virginia as instcbt////me� )umber 010009944. �� // David M. Furstenau L.S. OWNER'S CERTIFICATE The above and foregoing subvdivision of the land of Bean Properties as appears in the accompanying plat is with the free consent and in accordance with the desires of the undersi d owners, proprietors or trustees, if any. State of Virginia City/County of \2�nc�oaje>2 a notary public in for the state of Virginia and the city/qty of w; nC'KP'AC"—' do hereby certify that this day personally appeared before me, and whose names are signed to the above Owners Certificate dated October 29, 2001 and acknowle ed to the s before me in my state and city/county as aforesaid. Notary Public Given undier my and ttVis -1 day of NwCA_&,,g 2001. My commission expires APPROVALS FREDERICK COUNTY SUBDIVISION ADMINISTRATOR HEALTH DEPARTMENT ■ FURSTENAU SURVEYING (540) 662-9323 1 I I SOUTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 Date /2 -13-,L/ Date FDATF:BER 29, 2001 T 1 OF 2 NOTE • ORAINFIELDS WERE TAKEN FROM RECORD INFORMATION AND WERE NOT FIELD LOCATED. \ 1 � s f j W p0 g`Z 6. a2'P� 5 LOT,2 0.688'AC. \ R / \ APPROXIMATE \ LOT 2 AWNFIELD N sxl:/lny N 1 v9/ eonar/s _ O qT EXlST7NG � � H. ` ROCK C3 WELLING m 320• 4 o S %n'4 .�� LS'PA/NF/ELD ESM'T %tJ0 L I�g410T/ — I = �P7iCLp1!�. .• o --m +� Y 2 Yl B3.88' t O v cn Ln _1_21.93' N 25029'46"W 304.78' NORTH FREDERICK PIKE ( VARIABLE WIDTH) DAVID M. MRSTENAL, NUJ. 1455 /o :eq -d "I'll !? S U A'l FINAL PLAT MINOR RURAL SUBDIVISION LAND OF BEAN PROPERTIES, LLC. 6AINESBORO DISTRICT FREDERICK COUNTY, VIRGINIA rw MTENAU SURVEYING (540) 662-9323 DATE: OCT. 29, 200/ 1 SOUTH LOUDOUN STREET INCHESTER, VIRGINIA 22601 SCALE: r' = 40' I 2 of 2 Exhibit "C" Lori. Fa rff,x Environmental Health District To From: 107 N. Kent St. P. O. BOX 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 -jJIVELi Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City oiJJ Mcjie*rZ 0 01 December 13, 2001 _r nc: of ANiNoir_mrv;:i om ­ Frederick County Planning and Zoning Scott D. Fincham Frederick -Winchester Environmental Health Department Subject: Walkover Request from Bean Properties 3016 N. Frederick Pike Winchester VA, 22603 3018 N. Frederick Pike Winchester VA, 22603 Property: Health Dept. ID# 39271 house 3016 ID# 39270 house 3018 Tax Map 42 — A — 309 Walkovers of these properties were done on December 5, 2001. After observing both systems two problems were found. The inlet T on the septic tank for house 3016 needs repaired, and the d -box for 3018 was repaired without a permit, and must be inspected. Until these repairs are done, the health department cannot approve the drainfields as properly functioning systems. On December 12, 20011 inspected the two repairs needed for the existing septic systems. The septic systems appear to be properly functioning. This is no guarantee that the system will continue to function properly, and it is the owners responsibility for any repairs that may be necessary in the future. A permit is required for any repair. If you have any questions, please call. Sincerely, Scott D. Fincham Environmental Health Specialist Cc: John Graves P.O Box 3625 Winchester, VA 22604 FXD VIRGINIA DEPARTMENT OF HEALTH Protecting You and Your Environment PETER K. McKEE (1934-1967) BENJAMIN M. BUTLER STEPHEN G. BUTLER KUYKENDALL, JOHNSTON, MCKEE & BUTLER, P.L.C. 112 SOUTH CAMERON STREET P. O. DRAWER 2097 WINCHESTER, VIRGINIA 22604-1297 (540)662-3486 Facsimile (540)722-3787 E -Mail: lawbmWshentAnet November 21, 2001 Frederick County Subdivision Administrator Planning & Development Attn: Patrick Davenport 107 N. Kent Street Winchester, VA 22601 Dear Mr. Davenport: J. SLOAN KUYKENDALL(1906-1995) J. SLOAN KUYKENDALL, III EDWIN B. YOST GEORGE W. JOHNSTON, III I represent Bean Properties, the owner of 3016 and 3018 North Frederick Pike, Winchester, Virginia 22603. On behalf of my client, request is hereby made for a waiver of the side yard requirements under Chapter 165 § 55A2 of the Frederick County Subdivision Ordinance, and which request is made in accordance with Chapter 144 § 5. In addition, a waiver is requested for lot size under Chapter 165 § 54A, as the property is in a RA zone, made by David A. Furstenau, Land Surveyor, dated October 29, 2001, which shows the property as it is presently existing with two houses on the same and a copy of the survey of the proposed subdivision for which the waiver is requested. Thank you for your assistance. amd Via hand delivery cc: Bean Properties Very truly yours, enjamin M: utler RECEIVED NOV 2 6 2001, 170T. OF PLA NNING/nNELoPPRI- TO: FROM: RE: DATE: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM Planning Commissioners Patrick T. Davenport, Zoning and Subdivision Administrator PFD Request of Exception - Orrah Adams Estate and Charles D. Adams Property January 4, 2002 Attached are two exhibits and a letter from Thomas A. Shockey dated November 13, 2001, a licensed land surveyor in Virginia representing the Orrah Adams Estate, containing approximately 28.9 acres, zoned RA (Rural Areas) in the Gainesboro Magisterial District. The proposal is for a minor subdivision of the property owned by the Orrah B. Adams Estate, and a boundary line adjustment on the adjoining property which is owned by Charles D. Adams, containing approximately 25.7 acres. Exhibit "A" illustrates the existing conditions for both properties. Currently on the Orrah Adams Estate, two dwellings exist, situated approximately 61.8 feet apart. The property owners wish to subdivide the property in a manner that would have each house situated on an individual parcel. Exhibit `B" illustrates the proposed subdivision which would create a new property line evenly dividing the setback distances between the two existing dwellings. The new side setback for both dwellings would be 30.9 feet, which is 19.1 feet less than the required 50 -foot setbacks applicable to the zoning district. In accordance with Chapter 144-5 of the Subdivision Ordinance, the property owners are requesting a waiver ofthe setback requirements specified in Chapter 165-55 ofthe Zoning Ordinance. This waiver request would apply to existing dwellings on the newly created parcels. The proposed boundary line adjustment also illustrated on Exhibit "B" will result in the parcel owned by Charles Adams to not comply with the 4:1 depth -to -width requirements as specified in Chapter 165-56B. In accordance with Chapter 144-5 of the Subdivision Ordinance, Mr. Charles Adams is requesting a waiver of Chapter 165-56B pertaining to the depth -to -width ratio requirements. The letter from Thomas Shockey provides a justification for the waiver request, and is requesting the aforementioned waivers to allow the proposed subdivision and boundary line adjustment. A recommendation from the Planning Commission to the Board of Supervisors regarding the request is desired. PTD/ch Attachments U WatrickWommon\S U Waivers\O Adams waiver report. wpd 107 North Kent Street • Winchester, Virginia 22601-5000 Exhibit "A" Sheet 1 of 5 Exhibit "B" Final Plat for Minor Rural Subdivision of the land of ORRAH B.ADAMS ESTATE and Boundary Line Adjustment with CHARLES D. ADAMS Gainesboro District, Frederick County, Virginia November 13, 2001 Tax Map No. 30-A-45 30 -A -45D Zoning RA RA ADMINISTRATOR DATE OWNER'S CONSENT: — APPROVED: Parcel "B" and Parcel "C" HEALTH DEPARTMENT DATE The Minor Rural Subdivision and Boundary Line Adjustment as shown on the plat attached hereto is with the free consent and in accordance with the desires of the undersigned owners or agents. -�.� (SEAL) State of VQGiNiA , City/County of V"'CAP,r-1, , TO -WIT: Acknowledged before me in my City/county and State aforesaid this Q D day of /1% ✓c.. /,.. 20 O by t . AD 4.1 and Olt 244 F Tt/ .Sie d u G N. Notary Public My Ca►missiOn ares Prty Cmmcci^n F I it c 4t r X101 orn� SURVEYOR'S CER=CATE: The attached plat is a division survey of all of the land devised to Patricia McDonald, Mary Anne Tribby and Elizabeth Sirbaugh by will of Orrah B. Adams (Article II - Paragraph D) in Will Book 110 - Page 1403 and is a portion of the land conveyed to James H. Adams June 13, 1934 in Deed Book 169 - Page 131. L.S. .LTH p IIgA. HAC EY a (LI`t n(f3. 127 < <ro12 � o� ar,' Sheet 2 of 5 N ti SSO 39C,S OOa OO 39„ lY F 2 �Gr \ 2 �R StJP? © D9s•%SO : O 2 Z JO a O 2° a — t. 50 i �Q. O poA„ `Q�' b oqA 3!/?• gh90 I.P.S. SO 99 APO`(Z 60 a COS%$�ryry� 06 y h SO 4 Ob ho /o b0 c,Z �OI a y A 1� OIL,o �u Z 3 333�a �` 0 o/ �� ., s Flo `�O O off• Q/ o g�6`• �` 9�q C d0 1 O 00.� 9!Rs. JJ C O. `Qy+ �• Q X01 2 /� i ,98 /O y 1 a 1PF 3 4 O S ZO,O Yom' O 1y S 03-55'-21;1- W – 2 Jo F/• �O y Ai O O 0 1 ,pGQ SO 0, /00 O50,' S sea 49N 5 0 2a CHARLES D. ADAMS D. B. 855-P 1834 25.699 AC. b n RA(RESIDENTIAL) (30-A-45D) O 1 200 MAG. 95 /oc�� 0 200 400 600 0 le 0 \ n Final Plat 13 For Area Tabulation see Note 2 - Sheet 3 for Minor Rural Subdivision of �� f ORRAH B. ADAMS ESTATE / f,ALTH 0� and Boundary Line Adjustment with CHARLES D. ADAMS Gainesboro District, Frederick county, va. -, a VS A. SH C Scale 1" = 200' Novanber 13, 2001 / (LICENS No! Thomas A. Shockey 814 Winder Court Winchester, Virginia 22601 (540)535-1555 November 13, 2001 Patrick Davenport Zoning Administrator Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601 Dear Patrick: As per our phone conversation of November 8, I am submitting this letter on behalf of the Orrah Adams Estate. As I explained to you some time back there presently exists two houses on Tax Parcel # 30-A45. These are not new houses but were built some years ago by James Adams (their father), also deceased. This parcel was devised to three sisters (Patricia McDonald, Mary Anne Tribby and Elizabeth A. Sirbaugh) and it is their desire to have each house on a separate parcel and further that a portion of the property join with and become a part of Tax Parcel # 30-A-451) belonging to their brother Charles D. Adams. They are seeking a wavier of side yard set back as per Chapter 165 - Section 55A2 in accordance with Chapter 144 - Section 5. Patrick, at your suggestion I called the Health Department and talked with Steve Lee. I am today giving him a copy of this letter and the enclosed sketch so he can get the drainfield walkovers done. This sketch reflects the same information that will appear on the final plat which 1 will have at yours and Steve's offices by November 19th.. (The field work for this survey was completed yesterday but I have not had time to prepare the finished copy.) Charles D. Adams is handling this project for his sisters. You may call him at 888-4157 or at work (717)948-8055. He or a couple of the sisters will attend the Planning Commission Meeting on December 5 at 7:OOPM. I want to thank you and Steve Lee for all of your help especially in light of the pending deadlines and also your wife for finding the old drainfield permits (SD -87-311 and SD -91-471). enclosure cc Charles D. Adams 240 Chestnut Grove Road Winchester, VA 22603 Sincerely, �.. rV` [ Thomas A. Shockey o : c� 8 O ci zre •� �� �� yam_ 8 d- M�bS° z=Y77.� c , ,� .rte .? _ •� lL. sIry 110 40 ay, � �o �J 1 0 _ r It O � X 31 CNARLES D. H DffMS D 8 XJ -S'- p 193 y 2S, 699 A aR( Res -W -4.4j) � (3o-9-yro) 1 \ 1 � Sao yeo �etl O O P D, o f \ I i OPM # �DRns Esq l� �he:tias 2 SL.x�tY L-. J MEMORANDU COUN'T'Y of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 TO: Planning Commissioners �- FROM: Patrick T. Davenport, Zoning and Subdivision Administrator I �-D RE: Request of Exception - O. L. Payne DATE: January 4, 2002 Attached please find one exhibit and a letter dated November 7, 2001 from H. Bruce Edens of Marsh and Legge Land Surveyors P. L.C., who represents Mr. O. L. Payne. Mr. Payne is the owner of approximately 36.49 acres, split -zoned MH -1 (Mobile Home Community) and M-1 (Light Industrial) in the Stonewall Magisterial District. Mr. Edens is proposing a subdivision of the property owned by Mr. Payne. Exhibit "A" illustrates the proposed subdivision of the subject property. The proposed subdivision is to be divided along the CSX Railroad right-of-way. Parcel D1 will be bounded by Interstate 81 on the north and the CSX right-of-way on the south. Both parcels D 1 and C contain mobile homes and are accessed by the existing private right-of-way. Parcel D1 will maintain access to Martinsburg Pike (U.S. Route 11) via the illustrated private right-of-way. A note is provided on the proposed plat indicating that the right-of- way providing access to the parcel is understood to be 50' in width and that a new instrument will specify and establish the required right-of-way width. Parcel D will maintain road frontage and access to Martinsburg Pike. The Subdivision Ordinance currently does not allow the proposed subdivision illustrated on Exhibit "A". Chapter 144-24(C) requires that "All lots shall abut and have direct access to a public street or right-of-way dedicated for maintenance by the Virginia Department of Transportation." The proposed subdivision would establish a parcel not conforming to this requirement. The letter from Mr. Edens provides a justification for the waiver request. On behalf of the property owner, Mr. Edens is requesting a waiver to the Subdivision Ordinance in accordance with § 144-5 to allow the proposed subdivision. The Planning Commission may consider recommending that the assumed 50' right-of-way described on Exhibit "A" be established by a legally recorded instrument prior to approval by the Subdivision Administrator. A recommendation from the Planning Commission to the Board of Supervisors regarding the request is desired. PTD/ch Attachments I `.PenickVConinwmS D Wa,m1A01- Payne 1-1 rcpurt wpd 107 North Kent Street - Winchester, Virginia 22601-5000 _ INTERSTATE 81 Exhibit "A" SITE- U., ITEU.S Foun 11 II � VICINITY 1 "=2000' APPROVED BY: SUBDIVISION ADMINI,OR DATE FREDERICK COUNTY HEALTH DEPARTMENT DATE OWNER'S CERTIFICATE THE ABOVE AND FOREGOING MINOR RURAL SUBDIVISION OF THE LAND OF 0. L. PAYNE AND RUTH B. PAYNE AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH. THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. &w. 0. L. PAYNE RUTH B. PA -. "NE STATE OF VIRGINIA, AT LARGE CITY/COUN:P(- OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 3d &I DAY OF 200L BY 0. L. PAYNE & RUTH B. PAYNE. MY COMMISSION EXPIRES - ,3d aad� NOTARY PUBLIC SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS MINOR RURAL SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO 0. L. PAYNE & RUTH B. PAYNE BY DEED DATED AUGUST 31, 1971 OF RECORD IN THE FREDERICK .COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 381 AT PAGE 225. MINOR RURAL SUBD/WS/ON LTH OP IN OF THE LAAID OF � r� O. L. PA YNE & rho RUTH B. PAYNE a ve ns r DEED BOOK 381 PAGE 225 STONEWALL MAGISTERIAL D1S7R/CT No. 000162-B FREDERICK COUNTY, KRG/N/A T DATE.' NOVEMBER 29. 2001 SCALE 1 "=3C0' 114 A'� ID 3337 SHEET I OF 2 SUR`1��04. MARSH & L E G G E LOUDOUNS WINCHES' ER, VIRGINIA222660ET 1 Land Surveyors, P. L.C. PHONE (540) 667-0468 F -AX (540) 667-0469 AWS �— PIN 43-A-83 N/F BUCKLEY LAGES INC. DB 349 PG 302 2 X81 o� of mag -9TF N P/N 44-1-D1 \s 1.5 8531 ACR IF ZONED: MHts�?Iro� /Rs USE: MOBILE HOMES !RF aIL rxaNspoj�ranory t' 74" 174357.S 63b449 E 242.58' 60 N t �I �•r IRF "t RIGHT -or' -WAY pB 461 Pc iso REMAINDER OF --- -- "" _=---------------- --J PIN 44-1-D z c 1 20.635 ACRES PIN 44-1-C ZONED: MH1 & Mt EASY LIVING ASSOCIATES USE: RESIDENTIAL DB 468 PG 634 L0 ZONED: MHt Z o USE: MOBILE HOMES (APPROX 11.8 AC) _ZONED: MH1 NOTES: ZONED: Mi THE WIDTH OF THE DISTING RIGHT OF WAY N DEED BOOK 461 AT PAGE 780 WAS NOT SPECIFIED IN THE DEED, BUT WAS VERBALLY AGREED TO AS FIFTY FEET (507 WIDE AT THAT TILE. A NEW DEED IS NOW BEING PROCESSED TO ADD THE FIFTY FOOT (50) WIDE (APPROX 8.8AC) VOWGE TO THIS AGREEBENT. THE SHARED PRIVATE DRIVEWAY IS NOT BUILT ACCORDING > - TO STREET STMRWS OF AND WILL NOT BE MAINTAINED BY THE VI RW DEPARTMENT OF 1 o N TRANSPORTATION OR THE COUNTY OF FREDER M THE IIPROVEMW AND WNENNRCE OF 1 SAID DRIVEWAY Stall BE THE SOLE RESPONSIBILITY OF THE OWNERS OF LOTS WHICH ARE PROVIDED WITH ACCESS VIA THE DRIVEWAY. SAID SHARED PRIVATE DRIVEWAYS WILL NOT BE CONSIDERED FOR INCLUSION KM THE STATE SECONDARY SYSTEM UNTIL THEY 90 THE APPLICABLE COPSi WON STANDARDS OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION. THE C057 OF BRINGING SND DRIVEWAYS TO ACCEPTABLE STANDARDS SHALT. NOT BE BORNE BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION NOR BY FREDEW COUNTY. 300 0 300 1 SCALE: 1" = 300' ' l NOTES J,IJ1 1. NO TITLE REPORT FURNISI-0. 2 PROPERTY IDE WCATION N0. 44-1-D. -- 1 I EASE11E M OTHER THAN SHOWN MAY DOST. 1 4. IRF - ARON ROD FOUND � IRS - IRON ROD SET T//v 5 INFORMATION SHONN HEREON IS BASED ON AN ACTUAL FED SURVEY COMPLETED NOVEM X 6. THE LOT HEREON LES ZONE V. AN AREA OF E JJ MINIMAL FLOODING PER F.I.R.M. COMMUNITY PAN! NO. 510063 0110 a DATED IULr n, 1978 US ROUTE 11 U/NOR RURAL SUBDIWS/ON O yTH OF GJ�� OF THE LAND OF O. L. PA YNE & RUTH B. PA YNE DEED BOOK 381 PAGE 225 Bruce Edens STONEWALL AZAG/STER/AL DIS77?/CT No. 000162—B FREDERICK COUNTY, WRGIN/A DA TE. NOVEMBER 29, 2001 SCALE.- 1 "=300' - ID 3337 dRND SURy���4 SHEET 2 OF 2 TH �FtSHESTREET CLEGGE �CSTER WRGNAA21 Land Surveyors, P.L.C. PHONE (540) 667-0468 FAX (540) 667-0469 _ . � AWS ._ MARSH & LEGGE LAND SURVEYORS, P.L.G. 560 North Loudoun Street, Winchester, VA 22601 a 540-667-0468 a Fax: 540-667-0469 0 E-mail: office@marshandlegge.com November 07, 2001 Mr. Patrick Davenport Subdivision Administrator County of Frederick 107 North Kent Street Winchester, Virginia 22601 Re: O. L. Payne Subdivision Dear Patrick: I hereby request a waiver, by the Board of Supervisors and in behalf of Mr. O.L. Payne, to Section 144-24-C of the Code of Frederick County. Mr. Payne is in possession of a certain tract of land containing 36.48 -Acre. This land is severed by the railroad and Mr. Payne desires to convey this entire parcel lying West of the railroad (15.5 -Acre, approximately) to another party. This parcel is currently zoned M. H. 1 and has access through Easy Living Mobile Home Park. Access was granted to Mr. Payne by deed of Right — of — Way recorded in D. B. 461-731. This access is not a state maintained road, as required by ordinance, but it is, and has always been used as the entrance for this tract and the units on it. We feel that it is very logical and best serves the public need to allow access through the other Mobile Home Park on a roadway designed for, and used by, similar traffic. We feel that the Board of Supervisors has the authority to grant this waiver under Section 144-5 of the code of Frederick County. We can see no detrimental effect, on the citizens of Frederick County, to allow this usage to continue as it has for the last 25 years. Your consideration to this matter is greatly appreciated. Sincerely, H. Bruce Edens, L.S. H BE/djm cc: Mr. O.L. Payne rtECEIVED Nov 7 2001 -^T nF PI ANNINGID;VF-l_ORA;" i''Sa' � ; . ' til � � � `, i/" , Ab `/ �' •P �. '" x'�r ?}�` u• 4:31 � s.� 'i � . �+r �fA;:� 5yp,;K� 'iiy ; X % `�'' � l �/� • Jr� � '� A' "R : • -, 3 . � `�� � � �� • '/ r.. + a � ^ 1 r '� �1�,.�'yi"� P i .: ` ' fir.• 1 �� � �� -�:i Nd� Ik�T ( 1� a l w : •' i vi r' . a H �a•? . :t'�+,a."�et \ ��F,a:�,,'�+ 'ir�jY it .\ � � + 1 ( � i� � �IC;i��: {'�.. Z,,�� �.. 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