Loading...
HomeMy WebLinkAboutPC 08-04-99 Meeting AgendaAGENDA %-" 1 11 i'LA1 1\ 14 11 1%X 4ulv11V1�S1V1V The Board Room Frederick County Administration Building Winchester, Virginia AUGUST 4, 1999 7:00 P.M. CALL TO ORDER TAB 1) Application Action Summary ........................................... A 2) Committee Reports ............................................... (no tab) 3) Citizen Comments.................................................(no tab) PUBLIC HEARING 4) Conditional Use Permit #03-99 of SBA, Inc. (Richard M. Cooley Property) to erect a 250' self-supporting lattice tower telecommunication facility. This property is located at 173 Catlett Lane, and is identified with Tax Map Number 1-6A (Warren County parcel number), a portion of which extends into Frederick County within the Opequon Magisterial District. (Continuation of a Public Hearing; tabled at the 4-7-99 and 7-7-99 meetings) (Mr. Ruddy) ........................................................ B 5) Conditional Use Permit #12-99 of VA PCS Alliance/CFW Intelos for a 195' monopole telecommunications tower. This property is located at 3100 Berryville Pike (Frederick/Winchester Service Authority, Opequon Water Reclamation Facility) and is identified with Property Identification Number 56-A-19 in the Stonewall Magisterial District. (Mr.Ruddy) ........................................................0 6) Conditional Use Permit #06-99 of the Winchester Chapter of the Izaak Walton League for an outdoor recreation area to include a shooting area and wildlife reserve. This property is located at 2863 Millwood Pike and is identified with Property Identification Number 77-A-72 in the Shawnee Magisterial District. (Continuation of a public hearing; tabled at the May 5, 1999 meeting) (Mr. Mohn)........................................................ D 2 7) Conditional Use Permit #11-99 of W. IL Barney, Jr. for a Cottage Occupation to operate an antiques restoration business. This property is located at 341 Gainesboro Road and is identified itli Property Identificatio.. Number 29-A-103 in the Gainesboro Magisterial District. (Mr.Cheran)........................................................ E 8) Amendment of Rezoning #015-98 of Jack K. Wampler to rezone 0.69 acres of a 20 -acre parcel from B3 (Industrial Transition) District to RA (Rural Areas) District and to amend the proffers that were adopted by the Board of Supervisors on December 9, 1998. This property is located on the west side of Martinsburg Pike (Route 11), approximately 0.5 miles south of the intersection with Hopewell Road (Route 672), and is identified with Property Identification Number 33 -A -164D in the Stonewall Magisterial District. (Mr. Wyatt)..........................................................F PUBLIC MEETING 9) Waiver Request, submitted by Greenway Engineering, from cul-de-sac length requirement, Chapter 144 - Subdivision Ordinance, 144-17 - Streets G.(1) cul-de-sacs for the Orndofl' Rural Preservation Subdivision. (Mr. Ruddy) ......................................................... G 10) Other APPLICATION ACTION SUMMARY (printed July 21, 1999) Application ation ne1 w bmi tt ed. ,. suI REZONINGS• ::isC-X:}�.:}Y:<:}�}ti}1:::i.}:_L::-:.: •}:• .. ..:�.t� .. :.... ..: ... .. f..: ::v'v:r} n• �`.... ::•:ti{titii•:vin•}':.. -+ f'{ _:.:.:•.:v:n:::---.v:-::v:::S.::y:'ti^:':•:?'/.{{•i:'-::.._._... :v. Y4:n i:15)�S$�.: •iCw:: •.v •}... i -}y: � - ..y."Y. :.3.::. .. .:v ----?:c ??{.::.. :Alt.:%:}::'•�-i+ci}+'• - .:<?.. % --':�::: •n�n .�}:- :.: :�::::::•}:::iii:: }':. .:............... }•£:iii.:: r: :•k^{: :...: ..rT.i7�.:..... .........;moo•. ....:: � .. :f•:;. .1�y r?{4%+: - 06/11/99 W. side of Martinsburg Pk. (Rt. 11), about 0.5 mi. so. of the Location: BOS Review: intersection w/ Hopewell Rd. (Rt. 672) Submitted: 07/09/99 PC Review: 08/04/99 BOS Review: 08/25/99 - tentatively scheduled Lenoir City Co. of VA Z #13-99 Gainesboro T,A 7.5 ac. from MH1 to Ml; 25.7 ac. from to M1 for industrial develo ment Location: Stonewall Industrial Park; no. of intersection of Welltown Pk. & McGhee Rd. Submitted: 06/11/99 PC Review: 07/07/99 - recommended approval w/ proffers BOS Review: 08/25/99 Dave & Viola Orndorff (REZ #14-99 Shawnee 6.0 ac from RA to B2 Location: On the south side of Tasker Rd. and on both sides of Tadpole Ln. Submitted: 06/14/99 PC Review: 07/07/99 - recommended approval w/ proffers BOS Review: 08/25/99 Ronald S. & Velma D. Simkhovitch Z #11-99 Stonewall Rezone 1.836 ac. of 3.362 ac. tract from M1 to RA for residential use (garage) Location: NW side of Martinsburg Pk. (Rt. 11), approx. 0.5 mi. north of the intersection with Old Charles Town Rd. (Rt. 76 1) Submitted: 05/03/99 PC Review: 06/02/99 - recommended approval BOS Review: 07/14/99 - approved Manuel C. & Pearl A. DeHaven & W.D. & Dorothy Orndorff (REZ 10-99 Stonewall 9.4382 acres from M2 to B3 and .8263 acres from RA to 133; 10.2645 ac. of IA Overlay District Location: 500'+ so. of intersection of Rest Church Rd. (Rt. 669) & Martinsburg Pk. (Rt. 11), betwn Rt. 11 & I-81, & continuing so. to Duncan Run. Submitted: 04/13/99 PC Review: 05/05/99 - recommended approval with proffers BOS Review: 05/26/99 - tabled Lynnehaven (REZ #007-99) Stonewall 81.4 ac. from RA to RP for 203 s.f. homes; 10.0 ac. from RA to B2 for commercial use Location: West of Beans Pond Ln., 400' from the intersection with Senseny Rd., & adjacent to the Carlisle Heights subdivision Submitted: 02/05/99 PC Review: 03/03/99 - tabled; applicant waived time requirement BOS Review: not yet scheduled Applications Action Summary Printed July 20, 1999 Sheppard/ Futral (REZ #006-99 Stonewall 132.70 ac. from RA to RP for 293 single -family homes Location: On Eddy's Ln. (Rt. 820), approx. 0.8 mi. from the intersection with Valley Mill Road Submitted: 02/05/99 PC Review: 03/03/99 - tabled; applicant waived time requirement BOS Review: not yet scheduled Giles Farm (REZ #005-99) Stonewall 140.2 ac from RA to RP for 350 s.f. homes; 12.0 ac. from RA to 132 for commercial use Location: No. side of Senseny Rd., 850' east of Beans Pond Ln., across from the Burning Knolls & C.M. Lockhart subdivisions, & adj. to the Bedford Village & Apple Ridge subdivisions. Submitted: 02/05/99 PC Review: 03/03/99 - tabled; applicant waived time requirement BOS Review: not yet scheduled MASTER (DEVELOPMENT PLANS: Applications Action Summary Printed July 20, 1999 Commonwealth Business Center (MDP #03-99 Back Creek Industrial Park on 37.2759 ac. (113) Location: 3657 Valley Pike Submitted: 05/11/99 PC Review: 07/07/99 - recommended approval BOS Review: 07/14/99 - approved Admin. Approved: 07/19/99 Oakdale III, Raven Pointe, Raven Oaks, Ravenwin DP #02-99) Shawnee 1 668 residential dwelling units on 247 1 acres of RP -zoned land Location: North side of Rt. 50, East of Winchester Submitted: 05/11/99 PC Review: 06/02/99 - recommended approval BOS Review: 07/14/99 - approved Admin. Approved: Pending SUBDIVISIONS: Costello Drive Subdivision (Garber Trust) (SUB #18-99) Shawnee 1 Subdivision of 8.88 acres into 8 lots 1 (B2) Location: East side of Rt. 522, approx. 1,500' south of Rt. 50 Submitted: 06/16/99 MDP #005-94 MDP approved by BOS 09/14/94; MDP admin. approved 10/25/94 Subd. Admin. Approved: Pending Applications Action Summary Printed July 20, 1999 Commonwealth Business Center (SUB #15-99) Back Creek Subdivision of 5 lots (37.28 ac.) for a business park (B3) Location: 3657 Valley Pike Submitted: 05;14/99 MDP #03-99 Approved by BOS 07/14/99; Admin. Approved 07/19/99 Subd. Admin. Approved: Pending Central Coca-Cola Bottling Co., (SUB #17-99) Back Creek Subdivision of 63.51 aqurlots]Inc. (MI) Location: West of the intersection of Shady Elm Road (Rt. 6 Valle Road (Rt. 652) Submitted: 05/27/99 MDP #002-98 MDP approved by BOS 05/13/98; MDP approved admin. 05/20/98 Subd. Admin. Approved: Pending Merriman's Chase (SUB #13-99) Back Creek Subdivision of 26.895 ac. into 48 single- family residential lots (RP) Location: W. side of Merriman Ln. (Rt. 621), along Rt. 37 at Abrams Creek and Winchester & Western Railroad Submitted: 04/26/99 MDP #006-98 (formerly known as Willow Branch) Approved by BOS 01/13/99; Admin. Approved 02/12/99 Subd. Admin. Approved: Pending Applications Action Summary Printed July 20, 1999 Oakdale Crossing H (SUB #12-99) Shawnee Subdivision of 24.83 ac into 51 single - 1 1 family detached lots (RP) Location: IF—So. of existing Oakdale Crossing, off of Senseny Rd. (Rt. 656) Submitted: 03/3i/99 MDP #01-99 Approved by BOS 03/10/99; Administrative Approval Pending Subd. Admin. Approved: Pending The Camp/Tasker Rd. (JASBO, Inc. /F. Glaize) (SUB #011-99) Opequon 1 Subdivision of 50.52 ac. into 170 1 single-family residential lots (RP) Location: So.west comer of Tasker Rd. (Rt. 642) & White Oak Rd. (Rt. 636) Submitted: 02/18/99 MDP #004-98 (rasker Rd. Land Bays) 1 MDP approved by BOS 07/08/98; MDP approved admin. 09/04/98 Subd. Admin. Approved: Pending Fort Collier - Lot 32 (SUB #009-99) Stonewall Subdivision of 1 lot consisting of 1 4.7374 acres (Ml) Location: Property fronts the northwest comer of the intersection of Brooke Rd. (Rt. 1322) & West Brooke Rd. (Rt. 1320) Submitted: 01/29/99 MDP #004-91 MDP approved by BOS 10/09/91; admin. approved 11/22/91 Subd. Admin. Approved: Pending Stonewall Industrial Pk. - Lot 32 (SUB #006-99) Gainesboro Subdivision of 1 lot consisting of 1 5.4455 ac. (Ml) Location: Corner of Century Ln. (Rt. 862) & Lenoir Dr. (F-732) Submitted: 01/27/99 MDP #006-93 MDP approved by BOS 07/14/93; MDP admin. approved 07/28/93 Subd. Admin. Approved: Pending Applications Action Summary Printed July 20, 1999 - Section I -99) Shawnee Subdivision of 24.5524 ac. into 60 lots for single-family det. traditional homes rKnEates Northwest comer of intersection of White Oak Rd. (Rt. 636) & Macedonia Church Rd. (Old Rt. 642) Submitted: 02/08/99 98 Cr�sk� xa. Land Bays) MDP approved by BOS 07/08/98; MDP admin. approved 09/04/98in. Approved: Pending Tybrooke, L.C. (SUB #03-99) NO MDP Gainesboro 2 Lots; TI. Acreage 4.1277 (132 & RA) Location: Front Royal Pk (Rt. 522) at Albin; 1 mile N. of Winch. Bp (Rt. 37) Submitted: 01/22/99 PC Review: 03/17/99 - recommended approval BOS Review: 04/12/99 - approved Subd. Admin. Approved: pending Autumn Glen, Sect. I (SUB 015-98) Opequon 21 lots - duplex & multiplex (52 dwellings) on 14.8 ac. (RP) Location: South side of Tasker Rd. (Rt. 642), 0.25 mi. East of Rt. 647 Submitted: 06/30/98 MDP#004-98 (Tasker Rd Land Bays) MDP approved by BOS 07/08/98; MDP Pending Admin. Approval Subd. Admin. Approved: Phase I approved on 11/04/98 for 21 dwellings Applications Action Summary Printed July 20, 1999 Mark & Rachelle Repine (SUB #00498) NO MDP Shawnee I Subdivision of 1.3719 ac. into 3 s.f. I lots (RP) Location: Heritage Hills Subd.; along the eastern portion of Idlewood Drive Submitted: 01/26/98 PC Review: 02/18/98 - recommended approval BOS Review: 03/11/98 - approved Admin. Approved: Pending Lenoir City Co. Lot 2; Stonewall Indust. Pk. SUB #007-9 Gainesboro Subdivision of a 2.6584 ac. lot (Ml) Location: McGhee Rd. (Rt. 861); approx. 1,000' from Tyson Dr. intersection Submitted: 07/28/97 MDP #006-93 Approved by BOS 07/14/93; Admin. Approved 07/28/93 Subd. Admin. Approved: Pending Dominion Knolls (SUB #005-97) Stonewall 75 s f. zero lot line lots on 20.278 ac. Location: So.west corner of Baker Ln. (Rt. 1200) & Ft. Collier Rd. (Rt. 1322) Submitted: 05/16/97 MDP #001-97 Approved by BOS 04/09/97; Admin. Approved 06/30/97 Subd. Admin. Approved: Section 1 (25 lots) approved 06/02/98; Sections 2 & 3 Pendin Winchester -Fred Co. IDC (SUB) [Back Creek 2 Ml Lots (0.552 acres & 20.285 acres Location: Southeast side of Development Lane Submitted: 09/08/95 MDP #003-87: roved b BOS 07/08/87; Admin. Approved 06/08/88 PendingAdmin. Approval [Awifinsi ned plats. Applications Action Summary Printed July 20, 1999 Abrams Point, Phase I SUB Shawnee 1 230 SF Cluster & Urban Lots Location: South side of Rt. 659 Submitted: 05/02/90 PC Review: 06/06/90 - recommended approval BOS Review: 06/13/90 - approved Pending Admin. Approval: Awaiting deed of dedication, letter of credit, and signed plat Harry Stimpson (SUB) I FORequon Two B2 Lots '1 Location: Town Run Lane Submitted: 09/23/94 PC Review: 10/19/94 - recommended approval BOS Review: 10/26/94 - approved Pending Admin. Approval: Awaiting signed plat. SITE PLANS: Applications Action Summary Printed July 20, 1999 . . . . . . . . . . . . . . . . . . . ... . ............ AM............... ... ....... - - - - - - - - - - - - - - ............. Location: 992 Millwood Pike Submitted: 07112/99 11 Approved: Pending ....... ....... ... ... SOL I.., .......... - ------ ---- ...... . . . . . . . . . . ........... Location: Fairfax Pike (Rt. 277) Submitted: 07/14199 1 Approved: I Pending .Ell .. ........ U ................ .............. ......... ------- ...... ... Location: .188 Brooke Road Submitted: 07/08199 Approved: Pending Applications Action Summary Printed July 20, 1999 10 ............. . . . . . . .. . . . . . . . . Location: 4490 Valley Pike ubm, ed: Submitted: 07/14199 A roved: Pending .Ell .. ........ U ................ .............. ......... ------- ...... ... Location: .188 Brooke Road Submitted: 07/08199 Approved: Pending Applications Action Summary Printed July 20, 1999 10 Applications Action Summary Printed July 20, 1999 11 Location: [Rt. 11 Submitted: 06/24/99 P Approved: Pending General Parts, Inc. (SP #29-99) Back Creek 9.27 -ac. parcel to be developed for I warehouse/office/wholesale (B3) Location: East side of Valley Ave. (Rt. 11S), approx. 500' north of Rt. 37 Submitted: 06/16/99 Approved: Pending Greenwood Volunteer Fire Co. (SP #28-99) Shawnee 11,400 sq.ft. addition to existing bldg.; 1 2.66 ac. developed or 4.00 ac. parcel (RA) Location: 1366 Greenwood Road Submitted: 06/08/99 L Approved: 11 Pending Applications Action Summary Printed July 20, 1999 12 Special Trades Buildings (Kim Henry property) (SP #27-99) 11 Stonewall 14,400 sq.ft. and 10,000 sq.ft. bldgs; warehouse w/ accessory office (B3) Location: Fort Collier Road, near Baker Lane Submitted: 06/11/99 Approved: Pending VA Employment Commission (SP #26-99) Shawnee 8,783.11 sq.ft. office complex on 1.50 ac. (B2) Location: 100 Premier Place Submitted: 06/09/99 Approved: Pending Golden Corral (SP #25-99) Shawnee 9,952 sq.ft. restaurant on 2 acres (B2) Location: 120 Costello Drive Submitted: 06/02/99 Approved: Pending Omps Funeral Home (SP #24-99) Opequon 7,098 sq.ft. funeral home on 1.3965 ac. parcel (B2) Location: W. side of Rt. 522S., approx. 500' north of Papermill Rd. (Rt. 644) Submitted: 06/03/99 Approved: Pending Winc.-Fred. Co. Chptr. of the American Red Cross (SP #23-99) Stonewall 16,160 sq.ft. office facility on 2.0213 ac. parcel (B2) Location: E. side N. Frederick Pk; approx. 1/4 mi. N. of Winc. Corp. limits Submitted: 05/13/99 Approved: Pending Applications Action Summary Printed July 20, 1999 13 Winchester Church of Christ at Mountain View (SP #22-99) Back Creek 1 Modular classroom addition; 0.10 ac. 1 developed of 29.3924 ac. site (RA) Location: 153 Narrow Lane Submitted: 06/01/99 Approved: Pending Shade Equipment Co., Inc. (SP #21-99) Stonewall Paint shop & parking addition; 1.5 ac. 1 developed of a 6.136 ac. site (Ml, M2) Location: 1237 Martinsburg Pike Submitted: 06/01/99 Approved: Pending Rosedale Baptist Church SP Revision (SP #20-99) Back Creek. Training cntr. & storage bldg; 0.22 ac. 1 to be developed of a 5.44 ac. tract(RA) Location: 2581 Northwestern Pike Submitted: 05/26/99 Approved: 07/19/99 Burning Tree Apts. & Town- houses (SP #19-99) Shawnee Apartments on 1.3 acres (RP) Location: Williamson Road (Rt. 1213) Submitted: 05/26/99 Approved: Pending Applications Action Summary Printed July 20, 1999 14 Valley Farm Credit Office Complex (SP #18-99) Back Creek 16,115 sq.ft office facility on a 2.0 ac. parcel (B2) Location: Kernstown Business Pk.; Prosperity Dr.; Lot 16; Section I Submitted: 05/20/99 Approved: Pending Apostolic United Pentecostal Church (SP #17-99) Stonewall 11 Church expansion on 2.87 ac. parcel 1 (RP) Location: 189 Parson Court Submitted: 04/28/99 Approved: 07/01/99 Back Creek Elementary School (SP #16-99) Back Creek 35.89 ac. to be disturbed on a 37.75 ac. site (RA) Location: Middle Road (Rt. 628) Submitted: 04/26/99 Approved- Pending Airport Warehousing at Arbor Court (SP #15-99) Shawnee 7.5 ac. to be developed of a 7.8 ac. site for a warehouse (Ml) Location: 321 Arbor Court Submitted: 04/15/99 Approved: Pending Applications Action Summary Printed July 20, 1999 15 Valley Industrial Plastics, Inc. (SP #14-99) Back Creek 208,864 s.f. to be disturbed of a 8.91 ac. parcel for a 31,075 s.f. industrial bldg. (MI) i Location: 11 690 Shady Elm Road i Submitted: 03/26/99 Approved: 07/02/99 Ralph Gregory/Aylor Rd. Site (SP #008-99) Opequon 3,395 s.f. one-story retail/office bldg; 1 .70 ac. developed on .70 ac. site (B2) Location: Between I-81 & Rt. 647 at the intersection of Rt. 647 & Rt. 641 Submitted: 02/11/99 Approved: Pending Monoflo, Inc. (SP #02-99) Stonewall 78,000 sq. ft. addition; 5 ac. developed; (MI) Location: 882 Baker Lane Submitted: 01/15/99 Approved: 06/24/99 America House Assisted Living (SP #073-98) Opequon Assisted living facility/4.6 ac. 1 developed on 73.4749 ac. site (RP) Location: South side of Tasker Rd. (Rt. 642); 1,100 feet east of Aylor Rd. (Rt. 647) Submitted: 12/02/98 Approved: Pending Applications Action Summary Printed July 20, 1999 16 Kim Henry Property - Mini Warehouse (SP #057-98) Stonewall r7j54 s.f. warehouse; 4 ac. developed 7.74ac. site (B3) Location: Intersection of Baker Lane & Fort Collier Road Submitted: 08/26/98 Approved: IL Pending Moffett Property (SP #050-98) Stonewall 11 Metal warehse. addition (4,800 g.s.f.); 1 1.392 ac. site; 0.465 disturbed (B3) Location: 1154 Martinsburg Pike Submitted: 07/21/98 Approved: Pending T.P. & Susan Goodman (SP #04498) 11 Stonewall Hackwood/ Minor Site Plan (RA) 1 Location: 534 Redbud Road Submitted: 06/10/98 Approved: Pending Southeast Container (SP #001-98) Stonewall District Parkin7Lot; 0.2 ac. Disturbed on a 89.6 aMl) Location: It. Collier Industrial Park Submitted: 01/06/98 Approved: Pending Applications Action Summary Printed July 20, 1999 17 Agape Christian Fellowship Church Sanctuary (SP #005-97 Shawnee Church Expansion; 2.5 ac. to be developed of a 29.5115 ac. site Location: East side of Rt. 642; approx. 2,500' so. of the Rt. 37/1-81 Interch . Submitted: 02/12/97 Approved: Pending Shenandoah Bldg. Supply SP #056-96 Gainesboro Warehouse on 5 acres (Ml) Location: 195 Lenoir Drive (Stonewall Industrial Park) Submitted: 12/16/96 Approved: Ip Pending Stimpson/Rt. 277 Oil & Lube Service SP #030-96 Opequon Oil & Lube Serv., Car Wash, Drive - Thru on 2.97 ac. 2 Location: 152 Fairfax Pk. (behind Red Apple Country Store) Submitted: 07/03/96 Approved: Pending AMOCO/House of Gifts SP #022-96 Gainesboro Gas Pump Canopy 880 sq. ft. area of a 0.916 acre parcel Location: 3548 North Frederick Pike Submitted: 05/08/96 Approved: Pending American Legion Post #021 SP #018-96 Stonewall Addition to lodge building on 3.4255 acre site 2 Location: 1730 Berryville Pike Submitted: 04/10/96 Approved: Ip Pending Applications Action Summary Printed July 20, 1999 18 CONDITIONAL USE PERMITS: pig": Shawnee Cottage Occupation - Limousine Service (RP) P 4Wn' Submitted: Me ......... .. . ........... Location: 3100 Berryville Pike Submitted: 07/09/99 PC Review: 08/04/99 BOS Review: 08/25/99 - tentatively scheduled pig": Shawnee Cottage Occupation - Limousine Service (RP) P 4Wn' Submitted: 05/24/99 ......... .. ..... .. Location: 341 Gainesboro Road Submitted: 07/06/99 PC Review: 08/04/99 BOS Review: 08/25/99 - tentatively scheduled Glen & Natalie Miller (CUP #10-99)-- Shawnee Cottage Occupation - Limousine Service (RP) Location: 1100 Front Royal Pk; 415' north of Westwood Dr., on the west side of Rt. 522 Submitted: 05/24/99 PC Review: 07/07/99 - recommended approval BOS Review: 08/25/99 Albert M. Muff (CUP #09-99) IFGainesboro Cottage Occup./ Cabinet -Making (RA) Location: 156 Three Creeks Road Submitted: 05/07/99 PC Review: 06/02/99 - recommended approval w/ conditions BOS Review: 07/14/99 - approved w/ conditions David E. & Cheri A. Carter, Sr. (CUP #08-99) Back Creek Cottage Occupation (RA) Location: 173 Heartwood Drive Submitted: 05/10/99 PC Review: 06/02/99 - recommended approval w/ conditions BOS Review: 07/14/99 - approved w/ conditions Winchester Chapter of the Izaak Walton League (CUP #06-99) Shawnee Outdoor Recreation Area to include a 1 1 shooting range & wildlife reserve (RA) Location: 2863 Millwood Pike Submitted: 03/17199 PC Review: 05/05/99 - tabled for 90 days until 08/04/99; withdrawn by the applicant on 07/19/99 BOS Review: n/a SBA, Inc. (Richard Miller Property) (CUP #03-99) Opequon 1 Commercial Telecommun. Facility: 250' self-supporting lattice tower (RA) —Cooley Location: 173 Catlett Lane, Middletown Submitted: 03/12/99 PC Review: 04/07/99 - tabled at the applicant's request for 90 days to 07/07/99; 07/07/99 - tabled at the applicant's request for 30 days to 08/04/99 BOS Review: not yet scheduled 11 Applications Action Summary Printed July 21, 1999 20 SBA, Inc. (Raymond L. Fish property) (CUP #02-99) Stonewall (B3) Commercial Telecommunication Facility:180' self-su pporting monopole Location: Submitted: No. on I-81 to Exit 321, Hopewell Rd. (Rt. 672E) to first right at Kingdom Farm sign.Follow road to end past AA Mobile Market to site, 1 03/12/99 PC Review: 04/07/99 - tabled at the applicant's request for 90 days to 07/07/99 07/07/99 - withdrawn by the applicant BOS Review: n/a VARIANCES: Location: 11 152 Lusitano Lane Submitted: 11 06/16/99 BZA Review: 11 07/20/99 - Applications Action Summary Printed July 21, 1999 21 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 MEMMUNDUM To: Frederick County Planning Commission From: Michael T. Ruddy, Zoning Administrator Subject: CUP #03-99, SBA, Inc. - Richard Cooley Property Date: July 23, 1999 In preparation for compiling this agenda, staff contacted the applicant concerning the availability of the anticipated additional information offered at the July 7, 1999 Planning Commission meeting in support of the above referenced Conditional Use Permit application. As you are aware, the applicant requested a tabling of 30 days at that meeting. For reasons specified in the attached letter from Michelle A. Rosati, the information is not completely available at this time. The applicants anticipate having the information available to present at the Planning Commission meeting on August 4, 1999. This is the meeting to which the application was tabled. However, it is staff's belief that this will give the Planning Commission insufficient opportunity to review and consider this new information. Therefore, staff would recommend tabling this application for an unspecified period of time, to be rescheduled only when all the necessary information has been provided to the Planning Department. In its current form, staff maintains that the application does not adequately address the requirements of the Zoning Ordinance as they pertain to Commercial Telecommunication Facilities. It is the applicant's belief that the additional information will demonstrate the need for the facility at this location. Please let me know if you need any additional information at this time. 107 North Kent Street • Winchester, Virginia 22601-5000 N-TICHAEL HORWATT COZ AssoCIATES P.C. 8230 GREENSBORO DRIVE, SUITE 601 MICHAEL S. I-IORWATT MCLEAN, VIRGINIA 22102 703 749-6060 ADMITTED IN VIRGINIA AND THE DISTRICT OF COLUMBIA FACSIMILE: 703 749-6063 DIRECT DIAL 703 749-6061 E-MAIL: MSH@HORWATTASSOC.COM July 20, 1999 Frederick County, Virginia Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 ATTN: Michael T. Ruddy RE: Conditional Use Permit #03-99 SBA, Inc., Applicant 173 Catlett Lane, Middletown Tax Map No. 1-6A (Warren County parcel number) Dear Mr. Ruddy: MICHELLE A. ZOGATI ADMITTED IN VIRGINIA DIRECT DIAL 703 749-6062 E-MAIL: MAR@HORWATTASSOC.COM JUL2 2 1999 DEPT OF PLAtINING/DEVELOPMENT As we discussed, I have transmitted this letter as an update to the materials in the application which relate to Triton's need for the proposed site. Triton is performing a drive test of the proposed site today. This involves the erection of a crane which will support the testing antennas from which field measurements of RF propagation can be made. This will enable Triton to demonstrate the technical need for the proposed site. Unfortunately, the advance time required to schedule and carry out such a test have resulted in a delay in the completion of the engineering study pending this test's completion. On the positive side, the results will give more thorough and comprehensive data about the coverage which will result from this site; conversely, it will demonstrate what is needed at this location to provide the needed coverage. The applicants anticipate presenting the results from the engineering analysis at the Planning Commission hearing scheduled for August 4. We anticipate that we can present a concise and compelling argument for the approval of the site at that time, and will be prepared to respond to any questions of the Planning Commissioners. Triton's radio frequency engineer will testify at the Planning Commission. While we had anticipated submitting propagation studies in writing for the staff's review, we hope that these studies will be sufficiently clear and compelling to provide meaningful testimony for the Planning Commissioners to feel justified in recommending that the Board of Supervisors approve the proposed site. In addition to this testimony, as Triton has stated in its July 6 letter, "The approval of SBA's Special Use Permit will eliminate Triton's need to file an application to erect a structure in the general area of the intersection of Route 66 and Interstate 81." Triton's assertion that it would need to file for and build another tower should be considered compelling testimony by the Planning Commission. The expense, delay and uncertainty involved in permitting and constructing a new tower are so significant that no carrier would even consider doing so if there were any viable alternative. This is a fundamental principle in the wireless telecommunications network development that cannot be emphasized enough. Building just one new tower where a co -location opportunity exists would mean the unnecessary expenditure of hundreds of thousands of dollars by carriers in a highly competitive and time -sensitive industry. Likewise, a tower builder such as SBA would not pursue the approval and construction of a new ADVOCACY ON LINE WWW.HORWATTASSOC.COM VASS 4179 Cedar Creek tower unless not just one, but several carriers were certain to need it in the near future. In fact, the filing of an application by a tower builder should be interpreted as a demonstration of widespread need for this reason. The construction of a tower by a tower company is not financially feasible without a number of carrier tenants; in addition, it would not make business sense to place money at risk if the tower company were not virtually certain of a return. As a number of locally licensed carriers expressed at a recent informationai meeting in another Virginia county, the filing of a zoning application for a new tower or monopole should lead to a presumption of need by the county in light of these factors. The applicant also anticipates presenting expert testimony that the CFW Tower near the proposed site will not provide enough space for all of the carriers licensed to provide coverage in this area. Considering the vertical separation required between carriers, especially cellular carriers, the CFW Tower does not offer sufficient height capacity to fill this need. The applicant submits that the intersection of Route 66 and Interstate 81 is likely the most highly traveled intersection in the Virginia Piedmont, and that current and future demand for wireless coverage is significant. In light of this capacity demand, it is more than conceivable that most carriers will ultimately need a second site to cover this intersection. Thus, the current and future needs for co -locatable structures exceed the capacity of the CFW Tower. The applicant hopes that the staff and Planning Commission will consider these factors when reviewing the conditional use permit request. We anticipate that we will be able to address this issue fully at the Planning Commission hearing. Very truly yours, kI Michelle A. Rosati MICHAEL HORWATT & ASSOCIATES, P.C. Counsel for SBA, Inc., Applicant VASS 4179 Cedar Creek PC REVIEW: 04/07/99 BOS REVIEW: 04/28/99 CONDITIONAL USE PERMIT #03-99 SBA, INCORPORATED (Richard M. Cooley) LOCATION: This property is located at 173 Catlett Lane. Catlett Lane is a private road whose access MAGISTERIAL DISTRICT: (Opequon) TAX MAP NUMBER: 1-6A (Warren County) PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas); Land Use: ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and A (Warren County Agricultural); Land Use: Interstate Highway and Agricultural PROPOSED USE: Erect a 250' self-supporting lattice tower telecommunication facility REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this 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 commercial standards. Inspections Department: Structure shall comply with the Virginia Uniform Statewide Building Code and section 312, Use Group U (Utility) of the BOCA National Building Code/1996. All plans submitted for permit shall include the seal for a Virginia License A/E. Please note Chapter 17 of BOCA for special inspection requirements. Fire Marshal: Emergency vehicle access must be maintained. Plan approval recommended. Health Department: The Frederick County Health Department has no objection to this proposal since the planned facility will not require sewage disposal facilities. Sanitation Authority: We do not have any water or sewer facilities in this area. We do not serve this area. SBA, Inc. (Richard M. Cooley Property) CUP #03-99 Page 2 March 29, 1999 Winchester Regional Airport: See attached letter from Serena R. Manuel, Executive Director, dated 2/23/99. City of Winchester: No comments. Planning and Zoning: Background The applicant proposes to build an 250' lattice Commercial Telecommunication Facility that is designed to accommodate five to eight telecommunications carriers depending upon the antenna configuration required by each carrier. The proposed facility will be located on a 15.4- acre parcel, part of which is in Frederick County, the remainder is in Warren County. The actual tower will be located wholly within Frederick County. The Cooley property is located adjacent to Interstate 81 and Interstate 66, in the northeastern quadrant of the intersection of these two interstates. Zoning Ordinance Requirements Commercial Telecommunication Facilities are permitted in the RA (Rural Areas) zoning district with an approved Conditional Use Permit. Frederick County's Zoning Ordinance specifies that a CUP for a Commercial Telecommunication facility may be permitted provided that residential properties, land use patterns, scenic areas and properties of significant historic value are not negatively impacted. Furthermore, additional performance standards shall apply to the CUP review in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. Zoning Ordinance Conformance The applicant is a developer of telecommunication infrastructure whose goal is to provide a structure on which the licensed telecommunications providers can locate. With this in mind, the applicant does not want to locate on existing structures. Their objective is to provide a telecommunications facility in an area where there is a demonstrated need for such a facility. It remains stair s belief that an inventory of existing telecommunication facilities in the area, the identification of all licensee holders and service providers in the area, and the potential for collocation opportunities on existing structures is information critical when determining the need for additional Commercial Telecommunication Facilities. This information is required by the Zoning Ordinance. The analysis of coverage need and the maps within the application are insufficient to determine the adequacy of the search area, and the existing coverage and capacity of the licensee holders in the vicinity of the proposed facility. With the exception of the above and the required setback distances and proposed lattice construction type discussed in the following sections, the proposed Commercial Telecommunication facility conforms with the remaining requirements of the Zoning Ordinance. SBA, Inc. (Richard M. Cooley Property) CUP #03-99 Page 3 March 29, 1999 Request for setback waiver The Zoning Ordinance requires that towers of 250' in height (as is proposed) be placed a minimum of 275' from the Interstate 81 and Interstate 66 right-of-ways. The applicant is requesting a waiver of the setbacks pursuant to Section 165-48.6.(B)l of the Zoning Ordinance as they are proposing to locate the Commercial Telecommunication Facility approximately 220' from the Interstate 81 right-of-way. Recognizing the setback requirements on the parcel as a whole, it would be possible to locate the proposed Commercial Telecommunication Facility on this property in conformance with the setback requirements. The Planning Commission may reduce the required setback distance for Commercial Telecommunication Facilities if it can be demonstrated that the location is of equal or lesser impact. In this case, staff believes that the visual impact, in particular to the approximately 34,000 (1994 traffic count) vehicles driving along this section of Interstate 81 on a daily basis, would be greatly increased by waiving the setback requirements. In addition, by moving the tower to the west, it moves closer to the historically significant area south of the Town of Middletown, the Cedar Creek Battlefield, and may become more visible from that location. Further, the property does not contain physical characteristics that are exceptional, unique, and extraordinary in comparison with other properties in the vicinity. Request for construction -type waiver Monopole -type construction is required for all new telecommunication towers. The Planning Commission may allow lattice -type construction for new telecommunication towers that are located outside of the Urban Development Area and are not adjacent to properties that are historic sites. This property is located outside of the Urban Development Area but may be visible from the Cedar Creek Battlefield, approximately 2,500' west of the proposed site. In this case, it may not be appropriate to waive the monopole requirement. Conformance with the requirements of Section 704 of the Telecommunications Act of 1996 The applicant is not a personal wireless service provider and has not demonstrated that this is a personal wireless service providers facility. Therefore, the requirements of the telecommunications act would not be applicable. However, it maybe appropriate to evaluate this application in the manner a personal wireless service providers application would be evaluated. The applicant's objective is the same as a personal wireless service provider's and the economic viability of the construction of the tower is dependant upon addressing the needs ofthe personal wireless service industry. The infrastructure developed by this applicant, and other infrastructure developers, may be ofbenefit to the County and the personal wireless service providers should it be clearly demonstrated that there is a need for the infrastructure due to a lack of coverage and capacity in an area of the County. This application has not clearly demonstrated the need for the infrastructure within the area of the County identified. SBA, Inc. (Richard M. Cooley Property) CUP #03-99 Page 4 March 29, 1999 STAFF RECOMMENDATION FOR THE 4/07/99 PLANNING COMMISSION MEETING: Staff believes that this application for a Commercial Telecommunication Facility has not adequately addressed the requirements of the Zoning Ordinance in that a need for this facility based upon a lack of coverage and capacity in this part of the County has not been demonstrated. In addition, the visual impacts of the proposed facility will be increased due to the requested proximity to the Interstate 81 right-of-way, the many individuals who travel along the Interstate, and the Cedar Creek Battlefield located west of the proposed site. Should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for locating personal wireless service providers, at reasonable rates. 3. A minor site plan is approved by the County. 4. The tower shall be removed by the applicant or landowner within twelve (12) months of the abandonment of operation. 5. The tower shall not be constructed until the applicant has demonstrated that a personal wireless service provider will be located on the facility. CUP #003-99 PIN: 90—A--60 SBA, Inc. (Richard M. Cooley property) Produced by Frederick County Planning and Development, 03-23-99 i .-11CHAEL Ho-RV»TT & AssccL-L,,T-,ws P C. 8280 GREENSBORO DRIVE, SUITE 601 MICHAEL S. HORINATT MCLEAN, VIRGINIA 22102 703 749-6050 ADMITTED IN VIRGINIA AND THE DISTRICT OF COLUMBIA FACSIMILE: 703 749-6063 DIRECT DIAL 703 749-6061 E-MAIL: MSH@HOR'NATTASSOC.COM July 7, 1999 Frederick County, Virginia Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 ATTN: Michael T. Ruddy RE: Conditional Use Permit 903-99 SBA, Inc., Applicant 173 Catlett Lane, Middletown Tax Map No. 1-6A (Warren County parcel number) Dear Mr. Ruddy: MICHELLE A. ROSATI ADMITTED IN VIRGINIA DIRECT DIAL 703 749-6062 E-MAIL: MAR@HORWATTASSOC.COM A number of recent developments with respect to this application have resulted in this change to the applicant's request of a three month deferral as stated in our June 22 letter. As we have stated, the applicant has been in active negotiations with Triton PCS with reference to Triton locating its equipment on this site. As the attached July 6 letter from Triton reflects, Triton has committed to this site and has stated that its need is both significant and time sensitive. Triton's commitment to the site is also reflected by its request to be joined as a co -applicant on this Conditional Use Permit application. While we may later amend this information, please accept the following amendment to the Conditional Use Permit: Co -Applicant: Triton PCS 9211 Arboretum Parkway Suite 200 Richmond, VA 25236 (804)323-9500 Contact: Patrick Ewing, Deployment Manager In light of'this development, as we discussed this afternoon, the applicant respectfully requests that the Planning Commission table consideration of the above referenced Conditional Use Permit for thirty days. This will enable the applicant to compile and submit written support for the need for the proposed structure in response to concerns raised in the staff report dated March 29, 1999. The applicant anticipates that a thirty day deferral, as opposed to ninety days, will allow enough time to prepare for the Planning Commission hearing. ADVOCACY ON LINE 1VYV'aV HORWATTASSOC.COM VASS 4179 Cedar Creek The applicant anticipates supplementing the application over the next two weeks and looks forward to working further with the planning staff and responding to concerns of the Planning Commission as we go through the process. Very truly yours, Michelle A. Rosati MICHAEL HORWATT & ASSOCIATES, P.C. Counsel for SBA, Inc., Applicant Enclosures as noted VASS 4179 Cedar Creek Sent By: ; 07/86/1999 15:28 8043233387 Terton[D(uS MEMORANDUM Date; July 6, 149+3 703 2186236; Jul -6-99 4:17PM; Page 1/1 TRITON PACS PAGE 01 Subjeet: Site License Agreement and Special Use Permit Application for SBA. Catlett Lane Dear Sirs: S13A and Triton PCS LLC (Triton) are currently negotiating with respect ro the terms a Agreement for Triton to co -locate its telecOminunications antenna and equipment at thr future tower. SBA and Triton have entered into similar fig=ments in the Past and we negdtiatinns shortly. It is Triton's intent to initiate tenancy at this location atthe, earlie intend to launch our PCS system i(l the 4`h quarter of this year. The approval of SFA's eliminate Triton's need to file an applicatian to erecta structure in the general area oft , 6$ and fntersta�to 81. Si Patrick FwWg Deployment Mart )Triwn PCS 5211 ARXRr.Tum pAitnw.ar, Sre $Op Ft"MORD, VA 232ao TL""009 (804) 323.0600 FA09jmkY (404) 323-1 W0 Creek located at 173 a Site License above referenced SBA F-pectto complete Possible time as we pecial Use Permit will intersection of Route PC REVIEW: 08/04/99 BOS REVIEW: 08/25/99 CONDITIONAL USE PERMIT #12-99 VA PCS ALLIANCE/CFW INTELOS Telecommunications Tower - Frederick/Winchester Service Authority Location LOCATION: This property is located at 3100 Berryville Pike. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 56-A-19 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Frederick/Winchester Service Authority (Opequon Water Reclamation Facility) ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) Districts; Land Use: Residential and Vacant PROPOSED USE: Commercial Telecommunications Facility REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this 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 commercial standards. Inspections Department: Structure shall comply with the Virginia Uniform Statewide Building Code and Section 312, Use Group U (Utility) of The BOCA National Building Code/1996. Virginia License A/E seal shall be included on all structural plans submitted. Fire Marshal: Though the combustibility of materials used on site are minimal, Fire Department access to this area in the event of a wildland fire is beneficial. The 12 -foot ingress/egress easement is adequate for fire apparatus passage so long as growth is kept cut back at the same distance. Plan approval is recommended. VA PCS Alliance/CFW Intelos CUP #12-99 Page 2 July 26, 1999 Health Department: The Health Department has no objection to the proposed conditional use permit. Sanitation Authority: No comments. City of Winchester: No comments. Winchester Regional Airport: The Winchester Regional Airport Authority cannot provide a comment until the following documents are received: copies of FAA Form 7460, letter of submittal to Virginia Department of Aviation; topo or quad map of site; and exact base elevation. (It is anticipated that a conditional approval will be forthcoming). See additional comments from Shentel and Clarke Co. Planning Director (letters attached, dated 7-8-99). Planning and Zoning: Background The applicant proposes to build a 195' monopole Commercial Telecommunication Facility that is designed to accommodate a minimum of three telecommunications carriers depending upon the antenna configuration required by each carrier. The proposed facility will be located on a 56 -acre parcel owned by the Frederick -Winchester Service Authority which is adjacent to the Opequon Wastewater Treatment Facility, Route 7, Berryville Pike. The Frederick - Winchester Service Authority has conditioned their lease agreement upon reserving a space for their use on the tower. Zoning Ordinance Requirements Commercial Telecommunication Facilities are permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. Frederick County's 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 value are not negatively impacted. Furthermore, additional performance standards shall apply to the CUP review in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. Zoning Ordinance Conformance The applicant has provided an inventory of existing telecommunication facilities in the area. Staff would concur that there are no existing facilities or appropriate structures available for collocation in this general area. The maps provided within the application analyzing coverage need in this area appear to be sufficient to determine the adequacy of the search area, and the existing coverage and capacity of the licensee holder in the vicinity of the proposed facility. VA PCS Alliance/CFW Intelos CUP #12-99 Page 3 July 26, 1999 As is shown on the maps, the coverage needs will be met by a facility in this location. Further, Shenandoah Personel Communications have provided a letter which states that a facility in this location supports their coverage needs. It is their intention to collocate on this facility. Should the tower be required to be lighted by the FAA, it would be provided with a dual lighting system which provides red lights for nighttime and medium intensity flashing white lights for daytime and twilight use. The Zoning Ordinance requires that these lights be shielded from ground view to mitigate illumination to neighboring properties. At this time, the proposed accessory structures are not visible from adjoining properties, roads or other right-of-ways. Therefore, landscaping and screening of any accessory structures will not be required. The proposed Commercial Telecommunication facility is in conformance with the requirements of the zoning ordinance. Conformance with the requirements of Section 704 of the Telecommunications Act of 1996 The applicant is a personal wireless service provider. Therefore, the requirements of the Telecommunications Act would be applicable. In evaluating this application, it has been demonstrated that there is a need for the infrastructure within the area of the County identified. The approval of this application would be in conformance with the requirements of Section 704 of the Telecommunications Act of 1996. STAFF RECOMMENDATION FOR THE 8/04/99 PLANNING COMMISSION MEETING: Staff believes that this application for a Commercial Telecommunication Facility has adequately addressed the requirements of the Zoning Ordinance in that a need for this facility, based upon a lack of coverage and capacity in this part of the County, has been demonstrated. Should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for locating personal wireless service providers, at reasonable rates. 3. A minor site plan is approved by the County. 4. The tower shall be removed by the applicant or landowner within twelve (12) months of the abandonment of operation. • 7' TE , L H EN 'HENANDOAH TELECOMMUNICATIONS Mr. Kris Tierney, Director of Planning and Development Frederick County Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 P.O, Box 459 Edinburg, Virginia 22824-0459 0 (540) 984-4141 .1 ly 8, 1799 Re: CFW Wireless Company - Special Use Permit Application Antenna Tower Structure in Frederick County, VA Dear Mr. Tierney: CFW Wireless Company is preparing a Special Use Permit application for the construction of a new communications facility near the Opequon Water Reclamation Facility in Frederick County. It is designated by CFW as Site No. WN207. As this location also supports our needs, we are currently in negotiations with CFW to install our equipment on the new facility. We wanted to let your office know that we do hope to co -locate with CFW at this planned location. CFW also has a site under consideration (to be known as Site No. WN208), which is just north of the Parkins Mills site that we had previously proposed. While we have put the Parkins Mills area on hold for the time being, should we actively pursue it in the future, we would seriously consider the new CFW location as an alternative. If you have any questions, please feel free to give me a call at (540) 984-3003. J U L 0 8 1999 DEPT. OF PLANNING/DEVELOPMENT LLG/lsh cc: Mr. William L. Pirtle Mr. Dick Shearer, CFW Mr. Michael T. Ruddy Sincereiy yours, Leonard L. Greisz, Project Manager Shenandoah Personal Communications SHENANDOAH TELEPHONE COMPANY • SHENTEL SERVICE COMPANY • SHENANDOAH CABLE TELEVISION COMPANY SHENANDOAH LONG DISTANCE COMPANY SHENANDOAH VALLEY LEASING COMPANY SHENANDOAH MOBILE COMPANY SHENANDOAH NETWORK COMPANY WE MUST SERVE WELL TO PROSPER • WE FAUST PROSPER TO SERVE WELL 7-08-1999 4:18PM FROM CLA ---COUNTY 15489554002 P_1 CI,ARKE COUNTY 8 July 1999 Paula Figgatt CFW Wireless P_ O. Box 1328 Waynesboro, VA 22980 byfizx: 540-932-2210 Thank you for the opportunity to comment on your proposed 195 foot monopole on the Opequon Water Reclamation Facility on Berryville Pike. Since the proposed pole site as in Frederick County, about V2mile west of the Clarke County, and our county residents will not be directly affected, the Clarke County Board of Supervisors and Planning Commission have no comments at this time, however, when more information becomes available to the general public through, Frederick County's public hearing process, the Board or Commission may have comments at that time. We appreciate you informing Clarke County as to your proposals. Charles Johnston Planning Administrator CUP #12-99 PIN: 56—A-19 VA PCS Alliance/CFW Intelos Produced by Frederick County Planning and Development. 07-21-99 Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNT`, VIRGINIA 1. Applicant (The applicant if the owner )(_ other) ,M►i 140 ADDRESS: TELEPHONE VA PC4� A 1 I a ce > Ca,j):n- eyas 2. Please list all owners, the property: occupants, or parties in interest of I "J N ecrS A I i wo,, Vie, , r',�7Lr 1 5i 3. The property is located at: (please give exact directions and include the route number of your road or street) FA r 4. The property has a road l frontage of .;� S� €est and a depth of feet and consists of 1_50(-)- 5 G -)-(Please (Pleasebe exact) 5. The property is owned b/e'(�,?- j{,j�T1'1�1 L '%rf7�ras evidenced by deed fromr � L,{) , V-00nLrecorded in deed book no. 5(04� (previous owner) on page + 1 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. .5(,7 Magisterial District Current Zoning 7. Adjoining Property: USE ZONING North �(!?I_'1,3j� j? j'� East South West r zQ90 8. The type of use proposed is (consult with the Planning Dept. before completing) It is proposed constructed: ) 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 r �/0Y7�1 Jr1(r'' �? ii�. ADDRESS I PROPERTY ID# (Ppocan-0 P -R &rr'd r5�-�� NAME, rr _',�il!`li ADDRESS 1�'YICi�� { •� ! , JJ � Z c. �, 1,1n� o X 7 7 PROPERTY ID# / _ NAME r0. /�.!'�C_� �.1t1ts?Sl>j11� ADDRESSLf.w ) 1 ( � �� &r?al PROPERTY ID# '"APPI 5 5 - 4 t A NAME ADDRESS I �i %I �.I � { E'' %'r S ✓� rZ!} -W,/,l ed, ZZ U PROPERTY ID# � Y _NAME I AJ ,:i <PQh le, A-ITJ 501,Ueft,ADDRESS i I f Cdd l 14` , Wlf'1J)6Pr v, , Q 7 PROPERTY ID# NAME J� h • r ._ti,r- ADDRESS !�/ . ��L l '�'i^ � ; k/ PROPERTY ID# L� NAME , I ��' 1_�.(.i,i�L i i11 # � L ADDRESS «L�1S �- i l t l tai P Y� �' &` ,Z PROPERTY ID#� NAME ADDRESS (2 4Y� Ln . t U in L.h�s kr, V/1 PROPERTY ID#� !-I NAME ?rl.k5 ADDRESS ot42 r PROPERTY IDI lNAMECl`:i ADDRESS�3G l�i�i�• Il.:j1!��r iff��'!1✓� �!n�u PROPERTY ID# J NAME �Qr,' f 'r" �O 1 6)0� ADDRESS 15 'V,-'71 Mj � 1: 1, �� ii1'(I V � U'A_ PROPERTY ID# j NAME'.�`'C� ,%� ! �(. i7° i�l<'giL19''L!i'? ADDRESS 37 PROPERTY IDI NAME Com l'no,-? cIIA ADDRESS PO ( 7 PROPERTY ID# P -P 2-6AtCf z NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS NAME ADDRESS PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS I � 12. Additional comments, if any:c���i��iOCZC aln Vii ' r`°, ,✓ �� r'1 � r-, /y � _ � s5 r �^b r ,� t'j � � n � r I �• � � � ;� �% �J -i-i' �r9 ' � >' r�� l ✓f'�" ��� r.✓ l!r�?r?r) i�r /! ; Vit_,:{'%i . / KI 4hl- O r X. 7, / -161 M anc 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. Jf �AA-4- 4-3 (54-0 -�,2-Z- 35,22 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: COUNTY CFIK~ WIRELESS 7 WEST WN 207 VICINITY MAP NOT TO SCALE SITE LATITUDE: 39° 10' 43.7' N SITE LONGITUDE: 78° W 54.09"E VIRGINIA INDEX: DRAWING NO. TITLE TITLE 1 SURVEY 3 SITE PLAN 4 ANTENNA GROUND DETAIL 5 ANTENNA DESIGNS 7 STRUCTURAL DETAILS CFW - Winct-ster With WN207 Receive Best Voice. Signal Strength, 195 Ft. 1J i r y i', �i. 174 " st 1 t } r•� -�' 3t rf711 A ,rtt r r t. h � 1 it tl • 1 ` :! ..! � ,y {, . . MlOD 1• i x Yy P w� � '! 3 i if r � i -si �t�MNflT � .FJ � � "`��„ ,.:� y � pf t; fir• � i�iJ )Sry�. .� t•'•t .� �' tr t! 4 I♦ .e � 1 �1 i t: 4 � ft..t '.� st. . tr..� , hi -eaiw ewer Msc VI MI HtrOnotht dBM WN207I11 39: f0: 43.702 ❑ < -118 Hf -way -78: 04; 54.098 WN208 [21 39: 07: 29.500 r l`YTt' t r -119 <_ ❑ < -113 81 1-waY -78:09:25.801 T' 1f� ?rr,,• -113 <_ < 107 WN211-fl (1139: OD: 35.70] w �' Wry u■■ i • t �,:i eNorth I-1 Strasburg -7g: 19: 36.3 00 -107 <- ❑ < -101 ! y w I9J -li W. -101 o- WN213121 39; 13:07.702 < -� Rt .37/I-81 -78; OB: 26.902 try i •' y,W,w,t�,j -95 <-❑< -89 WN214fil 38:51:47.498 Hawkins Town -78: 30: 55.300 ❑ rig- {fit `4 i4", >•ttt i' 4y, f 89 - < 83 -83 - ❑ < -77 WNtest I11 38: 57: 41.936 Road Way -I8: 16: 25.093 r QQ X51 a Yt E- 4 iy -77 0 < -73 !! -73 0 < -55 0 1.0 Mies f. t -65 <- Q < -60 one fnch - 1.0 wiles i � + � ♦. _ '� -60 <- LI { System cfw SWUM sWl '� + { r t • L 83te-ID[reratanl Latitude E •• l � n 8 LN20-Nese 20:13.89LAKIG North flIII 37:20:13.898 North flustburg -79:06:31.799 a S WN 101 (11 39:03:59.400 1 -Ramey Property -76: 13:44.040 WN102111 38:50:22.999 2-Edlnburg Tower -78:33:32.000 WNf031f) ! :*�F`'•• 39:03:32.760 3 -White Post WT -78.06.02.880 WM041WNf04 (II 38'57.58.320': Brook -78:26:33.000 „� I f t t` WN105111 39:10:22.440 5 -Greenwood WT -78:07:12.360 WN30Bill 38.59:31.560 6-5[raus0urg -78: 21: 38.160 WN 107(1) 38.57:20002 7 -Front Royal MCD's -76: 12: 01.001 WN 108 (f] 38:46: 10.920 8 -Mount Jackson -78.37:50.880 �•'� i'' '• 7 �tf` S.9 t WN109 (I) 38:40:44.400 9 -New Market -78;39:2S.160 r. . � �1�>q WN110I1) 39:15:20520 � S jtf• - t �y ,.� So Clear Brook WT -78:05:40.920 R�(f �S r WN 11 f (31 39: 11.06.520 If -George Washington -78:09.47.520 WN i 12 (11 36:54:06.840p 1+1 d Al 1•i 12 -Woodstock -78: 30: 33.120 +T .� t WN713111 39: 12:30.880 13 -Frank Smith -78.12:20.880 tl.. ^••'� .gyp bti �,� F - 14(37 39 00:53.280 44 %.: WNf 4-Rfchard Cooley -78: 17.08.160 WN115111 39: 0 1 2:0. John Smith 9: 44 5 120 t /4 ' " Y Y may�.{y i�•,l WN116(1J 39:09:28.850 i6 -Berryville -76;00:12.362 WN117(1] 39:06:47.520 37 -Buffalo llok/Car 11s t78'0fi. 52.920 WN "B"'.9;39.001 19-Gainesooro/Crooked 1178: 09. 42.998 38:55:27.001 IS-Fro1) f8 -Front ROYaI -78: 31:53.002 WN200 (2j 39:04:01 .700 Nor[h Frdnt poya] -78:09. 17.798 WN202 (2138: 56: 09.301 East Front Royal -78.08:00.899 WN203-R f j= Kt A f. ": t* '+7 I II 38: 57. 04.032 Road Way -78:13:29.939 "ytH;' _ ��-"y-'� 39: 11: 39.001 HI -Way HS-waY -78:16.37.999 ¢Ay��. ''y�.,'y`�,• ! i ,, 1J i r y i', �i. 174 " st 1 t } r•� -�' 3t rf711 A ,rtt r r t. h � 1 it tl • 1 ` :! ..! � ,y {, . . MlOD 1• i x Yy P w� � '! 3 i if r � i -si �t�MNflT � .FJ � � "`��„ ,.:� y � pf t; fir• � i�iJ )Sry�. .� t•'•t .� �' tr t! 4 I♦ .e � 1 �1 i t: 4 � ft..t '.� st. . tr..� , hi CFW - Winchester Without WN207 Receive Best Voice Signal Strength. 195 Ft. aceive Voice Best Signal Strength( Me E WN208121 39:07, 29.500 -00 -its Hi -way 78: 09.. 25.80 t I WN I -R(I) 39. 00.' 35.701 -119 8 ITNorth Strasburg -78:19:36.300 -113 El -107 WN 2I 312139:13:07 .702 9 Rt.3I-81 -78:08:26 902 bd qyam A -107 -10ii 14142M, & 3 SS:4 .498 -101 <- -95 Hawk ins Town -78: 30:55.300 kd -95 El < -sq wNt..t M 38:57: 41.936 -ag El c 83 Road Way -7W. It: 25.093 - -83 < < -77 .0 ties -77 El < -71 L w one inch 1.0 miles I" -65 < -so r -6o L] a t 'c "w dSYw*1t:h. -1 aft.-lalvorelanl Lott tUds :ita-Mme Longituds LN28-R[Ij 37:20:13.898 Norah N 00 0 I -Ramey Property -78:13:44.040lot 111 39:03:59.4• w WN 102111 38:50:2 .992 w t fr" 2-Edirla-Ij T.... -78:33:32.000 ■ 1 1, ­ . WN 103111 39:03:32.760 3 -White Past WT T -78:06:02.880 P I't p WN iO4ill 38:57:58 320 4� 4 T . 000 ky - . . Brook -78:26:33: whitoo WH 105 111 39:10:22.440A t". 5 -Greenwood WT -7&. 07:12.360 WNIC5[11 38;59:31.560 L�V I I - t ausburg -78:21:38,150 r S IF e. W 0711] 3 ;57:20.002 I ,r 7A, N 1, 1 1 - 7 Front Royal M.D'. -788:12:01.001 4 W Illy 08 11 38:46.30.920 8 -Mount Jackson 78:37:50 WN 109111 38.40:44.400 9 New Market 78:39:29.160 % -n-^ 4. WNSIOM 39 15:20.520bl" f0 Clear Brook WT -78:05:40.920 wNiltill 39:11 :08.520 SI George Washington -78:09:47.520 NNf 12131 38:54:06.840 'L. f2 -Woodstock -78:30:33.120 j, WN113III 39: 12 38.880 3 -Frank Smith -78:12.20.880 WNt14[iI9 3 :00:53.280 It % 14-Richa,d C.olay -78:17:08.160 r I,tiI" lie w il5lil 39:09 10.440 iN_j A i � 15 -John Smith -78:12:0.120 N Ti 6-B Pryville -78;00:12.362 WN 116111 39;09:2 .8 0 I , r , j, WN117111 39:06:47.520 J-1 7 -Buffalo Lick/Cdr lisl-78:06:52.920 IN a 39:00:19.001 39 0 :100 if III r- I S-G.in..b­1C1..kad 1176:09:42.998 IN 38:5 :27.001 w Mill e 18 Front Royal -78:11:53.002 W 200121 39: 04: 01.700 North front Royal -78:09:17.798-All 'T WN 02 [2) 38:56:09.301 'A W" lY t4 East Front Royal -78:08:00.899 WN203-Rfil 38:57. 04.032 Road Way -78:13:29.939 H-2 WN20 (11 39:11:39.001 y -78: 16: 37.999 s 001283 Dollars $ I Date r.. - " ReceivedFrom Address For is !3.ACC)1MI nrs r. or- „ASH x Am r PAIL CHECK HALANU �L1L CF;DI H BY - 001283 Dollars $ I Mr. Chris Mohn 19 July, 1999 Frederick County Planning & Development 107 N. Kent St. Winchester VA 22601 Subj: Conditional Use permit Izaak Walton League Dear Mr. Mohn: The Winchester Chapter of the Izaak Walton League by this letter, hereby withdraws our application for a conditional use permit relative to the proposed shotgun range and wildlife area. Please remove this permit request from the agenda for the August 4, 1999 Planning Commission meeting. Thank you for your cooperation and assistance during the permit process. Sincerely, James H. Madden Secretary Winchester Chapter J U L _ 9 7099 DEPT, OF PLA?JNYNGICE�,'EiGPMEN'i .,a J f J v - WINCHESTER CHAPTER a P.O. BOX 2954 a WINCHESTER, VA 2260' '1 Mr. Chris Mohn 19 July, 1999 Frederick County Planning & Development 107 N. Kent St. Winchester VA 22601 Subj: Conditional Use permit Izaak Walton League Dear Mr. Mohn: The Winchester Chapter of the Izaak Walton League by this letter, hereby withdraws our application for a conditional use permit relative to the proposed shotgun range and wildlife area. Please remove this permit request from the agenda for the August 4, 1999 Planning Commission meeting. Thank you for your cooperation and assistance during the permit process. Sincerely, James H. Madden Secretary Winchester Chapter J U L _ 9 7099 DEPT, OF PLA?JNYNGICE�,'EiGPMEN'i .,a PC REVIEW: 08/04/99 BOS REVIEW: 08/25/99 CONDITIONAL USE PERMIT #11-99 W. R. BARNEY, JR. Cottage Occupation - Antiques Restoration LOCATION: This property is located at 341 Gainesboro Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 29-A-103 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) Districts; Land Use: Residential PROPOSED USE: Cottage Occupation - Antiques restoration with some retail sales REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this 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 commercial standards. Inspections Department: Existing building shall comply with the Virginia Uniform Statewide Building Code and Section 306, Use Group F (Factory), of The BOCA National Building Code/1996. Other codes that apply are CABO Al 17.1-92 Accessible and Usable Buildings and Facilities. Handicap parking and building access shall be provided. Please submit a floor plan of the existing building for a change of use permit. Fire Marshal: Application of flammable finishes shall comply with Chapter 13 of the 1996 BOCA Fire Prevention Code. Fire Department Dry Hydrant <500 feet south on Gainesboro Road. Plan approval is recommended. W. R. Barney, Jr. CUP #11-99 Page 2 July 23, 1999 Health Department: The Health Department has no objection as long as no additional wastewater is to be generated by the proposal. Sanitation Authority: No comment. Planning and Zoning: The Zoning Ordinance allows for Cottage Occupations with an approved Conditional Use Permit in the RA (Rural Areas) Zoning District. This property is located in the RA District, and an antiques restoration business would qualify as a Cottage Occupation. In adherence to the Cottage Occupation definition, all activities would be required to occur within structures. This proposed business will be conducted in an accessory structure, 25 feet from the principal structure. The nearest adjoining property is 16 feet from the accessory structure. No excessive noise or odor would be generated from this proposed business. Based upon the limited scale of the proposed use and an evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 08-04-99 PLANNING COMMISSION MEETING: Staff recommends approval with the following conditions: All review agency comments shall be complied with at all times. 2. All work shall be accomplished inside a completely enclosed building. Any proposed business sign shall conform with the Cottage Occupation requirement (sign shall not exceed four square feet). 0:\Agmdm\COMMENTS\CUP's\1999\W. R.Bamey.CUP Submittal Deadline , 9 IM PJC Meeting Ir BOS Meeting ? r APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: \IV I I< ADDRESS: ay _ Jam$ O tZ �zp \\� K �i S"Z � fir'/ Z --z( 0 TELEPHONE 5 5 6 A S 8 4 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) NST "ro C-40 wlz iA O0 YzT �,e 4- 4. The property has a road frontage of 8s feet and a depth of Zd o feet and consists of acres. (Please be exact) 5. The property is owned by 'vQ . as evidenced by deed from (2-4.�r Q, XA,5,Ai recorded (previous owner) in deed book no. 8 i G on page S9 1 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. *,79-A- 10-5 Magisterial District Current Zoning JA 7. Adjoining Property: USE North.Z� Eastvt South C�- er z - West ZONING (?- rA i 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: N1A, P (3�p 6-, P� " FIs -T+ "C — I 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME �V�Lt�n..�5a�1 L "S> ADDRESS PROPERTY ID# Z-9- A - 104- NAME G�"'J�� �"f�pist c_tw RAA ADDRESS �Z 1 �i�-:7O 6 " q, �v sac, a,Z,ba. PROPERTY ID# Z-9 - R - \ 01 - NAME�- �% dip► ADDRESS b l,% G -W9 -M CL PROPERTY IDI Z9 ' A ^ Z -S Ne- 7-7-40 NAME _ ��-1~PS ase f 0'�a ADDRESS PROPERTY ID# �`7 A ' b WA PROPERTY ID#, NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS ADDRESS ilf"��s"� S O =S c�� S 1 /VVC i JT C-41- A,,-) -Tn 2 6 '19 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. e8�& -490+ TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: FILE No. "87 041/12 `,19 11:21 722 0572 PAGE 2 HEAMON AND THAT T11ERE ARE f1b jJ1, 'fill" PMM[gES , 511014N HEREON. illOWN ON T"r GROUND UND 'OTHER THAN THOSt OWF,NS 159/442 PLATTED AS tj9ERT-Y-9:r4W- T SC3 P(RT 2 Hr NEVEn _n'!'LT) SMED-7 C ---T L---__jnI In THIS LOT DOES NOT FALL IN A FLOOD HAZARD ZONE. ?-1,87f SQ, FT. 'T THIS LOT WAS ORIGINALLT PLATTED AS LOT 7 PUGHTOWN(GAINESBORO) jr BUT WAS LATER CHANCED TO LOT < LOT 11. LL 4-S crIIM 55' i° z cr Ul D: F- 01 (L tjj tr) < ul j T 0 IL DAVID M Flinct—& ;0 140.1455 3-14 r -)Y 4 2 STORY FRAME L*3 41 cl-lim �Ofi 7- PORCH RTR 60�_0111ps S 2 c 26.87 „E E R�SS-93' GA'N /E'SI30RO "'DTH VARIROAD ROLITE a84' ES ) LAND OF KIRBY FURTIS & MARTHR .5. DOVE VILLAGE OF GRINE5BORO 'HINE5BORO 015TRICT DOVE /ARSLAN Ff-)FUERICK COUNTY, VIRGINIA HOUSE LOCATION SURVEY DAMMAR. 16, 1994 FURS TENAU SURVEYINIGG 8 C A LE: I" = 30, APPLICATION FEE PC REVIEW DATE: 08/04/99 BOS REVIEW DATE: 08/25/99 (tentative) ADDEND U ivi T O REZONING APPLICA T iON #015-98 JACK K. WAMPLER, SR. To rezone 0.69 acres from B3 (Industrial Transition) to RA (Rural Areas) and to modify the proffers that were adopted by the Board of Supervisors on December 9, 1998 LOCATION: This property is located on the west side of Martinsburg Pike (Rt. 11) about 0.5 miles south of the intersection with Hopewell Road (Rt. 672). MAGISTERIAL DIS'T'RICT: Stonewall PROPERTY ID NUMBER: 33 -A -164D PROPERTY ZONING & PRESENT USE: Zoned: B3 (Industrial Transition) District - 9.3 acres Land Use: Agricultural B2 (Business General) District - 10.7 acres ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District South: Zoned RA (Rural Areas) District East: Zoned RA (Rural Areas) District West: Zoned B2 (Business General) District Zoned B3 (Industrial Transition) District Use: Vacant Use: Stonewall Elementary School Use: Clearbrook Regional Park; Vacant Use: Commercial; Vacant PROPOSED USE: Dedicate 0.69 acres of RA (Rural Areas) District land to Frederick County School Board. Jack K. Wampler, REZ #015-98 Page 2 July 22, 1999 REVIEW EVALUATIONS: Historic Resources Advisory Board: During their 2/16/99 meeting, the HRAB recommended that the proffer that was approved on December 9, 1998 by the Board of Supervisors offered the most appropriate treatment of the potentially significant L. O. Dick House and, therefore, should not be modified by the applicant. County Attorney: The proffer statement appears to be in proper form; however, the proffer statement will need to be signed by the owners and notarized prior to acceptance by the County. Frederick Co. Public Schools: See attached letter from Dr. William G Dean dated 2-17-99. Planning & Zoning: 1) Site History The original Zoning Map for Frederick County (U. S. G. S. Inwood Quadrangle) identified the original zoning of this site as A-2 (Agricultural General) District. This zoning designated was reclassified to RA (Rural Areas) District on February 14, 1990 when the comprehensive revision to the Zoning Ordinance was adopted by the Board of Supervisors. The Board of Supervisors approved Rezoning Application #015-98 of rack K. Wampler, Sr., on December 9, 1998. This rezoning established 9.3 0 acres of 133 (Industrial Transition) District and 10.70 acres of B2 (Business General) District on the 20 -acre parcel, as well as proffered conditions for the B3 District and B2 District areas of the parcel. 2) Location The 20 -acre site is located in the County's Sewer and Water Service Area (SWSA) and is a component of the Route 11 North Land Use Plan which was adopted by the Board in 1996. This land use plan calls for industrial and commercial use in the general area of this property. The 20 -acre site is located on the west side of Martinsburg Pike (Route 11) which provides a significant amount of road frontage. The site abuts the Stonewall Elementary School to the south and is across Martinsburg Pike for the entrance to the Clearbrook Regional Park. 3) Site Suitability Jack K. Wampler, REZ 4015-98 Page 3 July 22, 1999 The 20 -acre site does not contain areas of steep slope, floodplain, wetlands, or woodlands. The Soil Survey of Frederick County, Virginia identifies prime agricultural soils on the entire site. The Frederick County Rural Landmarks Survey identifies the L.O. Dick House (ID #34-936) within close proximity of this site. This house, located just north of the 20 -acre site, is identified in the survey as a potentially significant historic structure. 4) Application Scope/Intent The applicant has proposed to rezone a 0.69 -acre strip of land along the southern boundary line that is 50 feet in width. Currently, this strip of land is zoned B3 (Industrial Transition) District, and is depicted on the proffered General Development Plan as a 50 -foot inactive buffer between the proposed mobile home/model home dealership and the Stonewall Elementary School. It is the intent of the applicant to dedicate this acreage to the Frederick County School Board to consolidate this land into the Stonewall Elementary School site should the Board of Supervisors approve this rezoning request. 5) Proffer Statement The applicant has submitted a proffer statement that has been signed, notarized and reviewed by the County Attorney. The applicant's proffer statement has been modified slightly from the proffer statement that was approved by the Board of Supervisors on December 9, 1998. These modifications include the following: A) The applicant has proffered to dedicate the 0.69 -acre portion ofthis property that is proposed to be rezoned to RA (Rural Areas) District to the Frederick County School Board. B) The applicant has proffered to provide an evergreen screen along the southern boundary line which adjoins the Stonewall Elementary School site; however, the 50 -foot inactive buffer distance has been eliminated from the previously approved General Development Plan. C) The applicant has proffered to provide a 50 -foot active distance buffer along the northern property line which includes an evergreen screen element. The General Development Plan has been modified to reflect the 50 -foot active distance buffer area, and to depict the 50 -foot area that is desired to be removed from the previously approved proffer statement. Jack K. Wampler, REZ #015-98 Page 4 July 22, 1999 STAFF CONCLUSIONS FOR 8/04/99 PLANNING COMMISSION MEETING: The request to rezone the 0.69 -acre portion of the 20 -acre site from B3 (Industrial Transition) District to RA (Rural Areas) District does not create any negative impacts and has not generated any concerns from the various review agencies. The applicant has submitted a proffer statement as a component of this rezoning application which has been modified from the proffer statement which was approved by the Board of Supervisors on December 9, 1998. Staff believes that several items in the modified proffer statement require clarification or rewording prior to final action by the Board of Supervisors. These items include the following: Proffer Item #I The applicant should be specific as to when the dedication of land to the Frederick County School Board will occur and who will be responsible for preparing the boundary line adjustment plat for approval by the Subdivision Administrator. Proffer Item #2 The applicant should be specific as to when the evergreen screen will be implemented. Furthermore, the General Development Plan should identify the location and width of the area in which this evergreen screen will be located to ensure conformance with future Site Plans for the Wampler property. Proffer Item #S The applicant has reduced the buffer area along the northern boundary from 100 feet to 50 feet, and has eliminated the inactive portion of the buffer area. The result of this proposal would be that a parking lot could be placed within five feet of the adjoining property, as permitted by ordinance. It appears that at a minimum, the applicant should establish a buffer area that provides a 25 -foot inactive portion adjacent to the northern property line and a 25 -foot active portion. As stated in Proffer Item #2, the applicant should be specific as to when the evergreen screen will be implemented. It should be noted that the approved proffer provides for a 100 -foot distance buffer adjacent to the northern property line which includes a six-foot high earth berm and evergreen plantings. The I IRAB comment recommends that this component of the proffer statement should not be modified. Jack K. Wampler, REZ #015-98 Page 5 July 22, 1999 Proffer Item #9 This proffered condition is identical to the approved proffer statement. This proffered condition needs to be reworded to accurately reflect the total acreage of this site to discount the 0.69 -acre dedication, to correct the zoning district designation, and to identify when the proffered monetary contribution for fire and rescue services will be provided to Frederick County. The applicant should be prepared to address the issues identified by staff to the satisfaction of the the Planning Commission prior to a recommendation being forward to the Board of Supervisors for final disposition of this application. I February 18, 1999 Mr. Ralph Beeman Gree . ay E.n,g4n-.enng 151 Windy Hill Lane Winchester, VA 22602 Dear Ralph: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 The Historic Resources Advisory Board made the following recommendation during their 2/16/99 meeting: Jack Wampler, Sr., et al, Proffer Revision Recommendation: The existing proffer regarding provision of a buffer along the boundary with parcel number 33 -A - 164E is considered to offer the most appropriate treatment of the potentially significant L. O. Dick House. Therefore, it is recommended that the existing proffer language remain unchanged. PIease feel free to call this office if you have any questions regarding the HRAB's recommendations. Sincerely, Christopher M. Mohn Planner II CMM/cc U\CluisM\commonU-IRAB\ Waznpler.REZ.wpd 107 North Dent Street - Winchester, Virginia 22601-5000 Frederick County Public .Schools 1415 Amherst Street Post Office Box 3508 Winchester, Virginia 22604-2546 Telephone: (540) 662-3888 — FAX (540) 722-2788 Superintendent of Schools February 17, 1999 Mr. Ralph Beeman Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 REF: Rezoning Request Proffer and Proffer Revision Dear Ralph: I am in receipt of your request for comments concerning the proffers included in the rezoning request for a parcel of land containing approximately .69 acres from its current B-3 zoning to RA zoning. It is my understanding the land to be rezoned is located at the following location: West side of Martinsburg Pike (U. S. Route 11) about 0.5 miles south of intersection with Route 672 We have reviewed the rezoning request proffer, which indicates the owner of the subject property shall dedicate to the Frederick County School Board a 50' wide strip along the adjoining boundary with parcel 44-((A))-82—Stonewall Elementary School. In addition, although the evergreen screen requirement shall remain (i.e., 6' high earth berm with three trees per ten lineal feet), it is proposed the 50' inactive buffer be removed from rezoning application #015-98. In addition, upon reviewing the document containing the revisions you have proposed, in section I. Land Dedication, I would note the dedication of the 50' wide strip of land should be to the Frederick County School Board rather than Frederick County as noted in the rezoning request. The Frederick County School Board approved the acceptance of the rezoning proffer at its February 16, 1999, meeting. If you should have any questions, please do not hesitate to contact me at your earliest convenience. Sincerely, William C. Dean, Ph.D. Superintendent of Schools I y ~I Founded in 1971 151 ' liudy I fill [ane Wn c sestet, Virginia 22602 March 16, 1999 Cor." John Kimberly Richardson David &C-arsl Darnell 106 Cotswold Court 3381 Martinsburg Pike Stephens City, Va. 22655 Clearbrook, Va. 22624 RE. Wampler Rezoning Request and Berm Location Dear Mr. and Mrs. Richardson and Mr. and Mrs. Darnell: On behalf of our client, Mr. Jack Wampler, and in reference to conversations you have had with Mr. Wampler, it our understanding that as Greenway Engineering prepare to request a rezoning amendment to Mr. Wampler's land and adjust a buffer distance adjacent to your properties in the Clearbrook area, it is your desire for the proposed berm we had previously committed to building along the property line be eliminated. Therefore, to make it clearly understood by all parties involved, we are requesting you to sign the seen and agreed statement below, which will demonstrate your request and desire for the following: Being that it is our request that a six-foot high berm not be constructed along the property line between Wampler and Richardson. Be it further understood that the elimination of this berm is our wish and that the landscaping proposed along the property line would remain. Therefore we believe the landscaping alone along this property line will be sufficient and meet our wishes for screening of the proposed business uses Mr. Wampler may have in the future. After your careful review of the above statement, please sign the seen and agreed statement below. Should there be any further questions required of this issue, please contact me at your convenience. Sincerely, Green ay Engi ern g v V, Mark D. Smith, P.E., L.S. President c.c. Jack Wampler, Sr. Evan Wyatt, Deputy Dir. of Planning This letter h4sJ een seen and agr, ed to: Date Date This letter has been seen and agreed to: / Date Date ((( Engineers Surveyors Telephone 540-662-4185 FAX 540-71-12 9528 Greenway Engineering May 28, 1999 Jack K Wampler, Sr., et als REZONING REQUEST PROFFER PROPERTY ID NUMBER 33 -((A)) -164D Jack K. Wampler, Sr., et als Pursuant to Section 15.2 - 2296 Et Seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve rezoning application # for the rezoning of approximately 0.69 acres from the Industrial Transition (133) Zoning District to the Rural Areas (RA) Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with said code and zoning ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns. All previous rezoning proffers for the subject property are hereby superseded. The subject property is more particularly described as all of the land conveyed to Jack K. Wampler, Sr. and Polly J. Wampler, and Jack K. Wampler, Jr. and Peggy Wampler by deed from Kimberly Dick Richardson and John Franklin Richardson dated August 12, 1988 of record in the Frederick County Court Clerk's Office in Deed Book 690 at Page 228. The subject property is further described by survey, attached to said deed, prepared by Thomas A. Shockey and dated August 10, 1988 and is purported to contain 20.00 acres. The area to be rezoned consists of a strip 50' wide, runs the entire length of the adjoining boundary with parcel 44-((A))-82, and contains approximately 0.69 acres. The conditions proffered are as follows: AREA ZONED RA — 0.69 ACRES 1. LAND DEDICATION The owner of the subject property shall dedicate to the Frederick County School Board a 50' wide strip along the adjoining boundary with parcel 44-((A))-82. This area corresponds to the entire area that is being rezoned. AREA ZONED B-3 — 8.61 ACRES The following proffers shall only pertain to that portion of the property zoned "B-3". 1 Greenway Engineering May 28, 1999 Jack K. Wampler, Sr., et als 2. SCREENING There shall be an evergreen screen along the adjoining boundary with parcel no. 44-((A))-82, the property known as Stonewall Elementary School. This buffer shall include an evergreen screen consisting of three trees per ten lineal feet that are at least four feet in height at planting. 3. ALLOWED USES The following uses shall be permitted within the "B-3" zoning on the subject property: Mobile home dealers (SIC 52) Model home sales Accessory retailing Business signs Directional signs Building entrance signs 4. PROHIBITED USES All other uses shall be prohibited on the portion of the subject site zoned "B-3". AREA ZONED B-2 - 10.7 ACRES The following proffer shall only pertain to that portion of the property zoned "B-2". 5. BUFFERING AND SCREENING There shall be a 50' active -distance buffer along the adjoining boundary with parcel no. 33 -((A)) - 164E. This buffer shall include an evergreen screen consisting of three trees per ten lineal feet that are at least four feet in height at planting. AREAS ZONED B-2 & B-3 —19.31 ACRES The following proffers shall apply to both the `B-2" and `B-3" zoned areas: 6. ARCHAEOLOGICAL SURVEY Prior to master plan approval, an archaeological survey shall be conducted on the subject property. Said survey shall be performed by an archaeologist or other qualified individual skilled in performing such surveys. The findings of said survey shall be submitted to the Department of Historic Resources and the Frederick County Planning Department. 7. INGRESS/EGRESS The subject property shall have no more than two entrances on U.S. Route 11. 2 Greenway Engineering ;'flay 28, 1999 Jack K Wainpler, Sr., et als 8. TRANSPORTATION Signage, turn lanes, widening and signalization shall be installed as warranted and required by the Virginia Department of Transportation. The owner hereby agrees to pay for said improvements, in whole or part, as determined by the Virginia Department of Transportation. 9. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT The undersigned owners of the above-described property hereby voluntarily proffer that in the event the subject property, parcel no. 33 -((A)) -164D, containing approximately 20.00 acres, is approved for rezoning from Rural Areas (RA) zoning district to Industrial Transition (B-3) zoning district, the undersigned will pay to the Treasurer of Frederick County, Virginia, at the time the initial building permit is issued for said property, the sum of two thousand dollars ($2,000.00) for fire and rescue services. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the owner. In the event the Frederick County Board of Supervisors grant this rezoning and accept the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Property Owners Jack K. Wampler, Sr. /--Folly :� Wampler Jack K. Wampler, Jr. /Peggy WamplJr Commonwealth of Virginia City/County of Frederick To Wit: The foregoing instrument was acknowledged before me this 8 day of July 1999 by rotary Public �Ycommission Expires February 29 2000 ���.qg. a va+� «- •--•-_---. r..--.--^..-�,-_�.-.._ �� A c'000 \ \A E=l OE=:lo�y E] E=li B-2 ZONE C]E=l E=l E=:1 :Q z o e C]E=j ^^ ' - -- b�b'OPSt•W Piles �}f b.i0--.._— DATES 4/5/99 SCALE, V-120' DESIGNED BY, RCB JOB NO. 2009 SHEET 01 OF O1 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAY: 540/ 678-0682 MEMOINNDUM To: Frederick County Planning Commission. From: Michael T. Ruddy, Zoning Administrator Subject: Omdoff Cul -De -Sac Length Waiver Request Date: July 23, 1999 The Planning Commission has received a waiver request from Greenway Engineering to allow a cul-de-sac to extend beyond the maximum length mandated by the Subdivision Ordinance. The request is to allow a cul-de-sac of 1160' in length as opposed to the required maximum length of 1000'. The cul-de-sac is located in a proposed Rural Preservation Subdivision, submitted on behalf of Charles W. Ordnoff, Sr. A copy of the proposed subdivision is included for your information. The Subdivision Ordinance provides the Planning Commission with the ability to waive the 1000' requirement in cases where extreme topography or other factors make it impractical. In no case shall the street serve more than twenty-five (25) lots. The proposed cul-de-sac will contain eleven (11) lots. It should be noted that in this subdivision the applicant has committed to preserving an additional ten percent (9.2 acres) of land to the rural preservation lot. The Planning Commission should determine if they believe the waiver is appropriate in this case. Please contact our department if you need additional information. Enclosure 107 North Dent Street • Winchester, Virginia 22601-5000 7 T 151 Windy Hill Lane -' Winchester, Virginia 22602 Founded in 1971 July 12, 1999 Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Mike Ruddy, Zoning Administrator RE: Orndoff Subdivision Dear Mr. Ruddy: I am writing of behalf of my client Charles Orndoff in regards to the proposed subdivision of his land on Cedar Hill Road (Route 671). The parcel is identified as 33-A-112 and is zoned RA. Mr. Orndoff is proposing Rural Lot Preservation Subdivision on the western side of his property. A waiver as described in the Subdivision Ordinance Section 144-17-G-1 is requested to allow a proposed road in a subdivision to end in a cul-de-sac to extend +/-1160' rather than 1000'. By allowing the road to extend the extra 160', the lots on the cul-de-sac can be two acres. If the road were shorter, then those lots would be stretched to +/- 3.5 acres. In exchange for allowing the extra length of road, Mr. Orndoff is willing to set aside an additional 10% of land (9.2 acres) for the Rural Preservation Lot as required by the Zoning Ordinance. I am requesting that this item be entered into the Planning Commission and Board of Supervisors. Thank you, Greenway Engineering Gary Oates CC: Charles Orndoff Engineers Surveyors Telephone 540-662-4135 FAX 540-722-9525 W m a �-.� --� I ���, \*rte �.r•'� \' ' i _ �21i°�a�rst \ VIMMY YAP : j� ! ,"�•a! m �' ;t� zae °fw�sz��_�_:� � �r�.><� i p t 1 � l ~vy'\� ! ; � � is ci 10 ger. g , L-1 tz AW AZI4 671 _i'i'!> L �_'�� gr a •+ { t _ to I. a.:l•• m- os # j \` '---`-,....� J ��'\ 1 �I/w1a.�rp1• U �� �. .ae-nsrr 1 t..m.>•. / : •gym-wam �� � 3 �, 1 �/ awa � — J t� • woo s � . � � Z � r.AM ME, aw.rww a.w wu. a•ro..: M.atrr.ls au+r. , �- �s �\\ /—:`� � Cc �®Imr ms nr •w AA .t61w W1118.A�q�M .riysm q. R.tl®tllf lOtY AA:BIII.Y:B rmamseo.A. a•o.taO w'>•p� wa1A.w �. \\.'\\ � (`� IfOI®1:A n�1laaMwl@I11p1 \: `.\1 s er norerasrrnmrta eaer.nav zw. .1�arwe ���-�� riA'OAale'�Rm 1��r; n�m•e is xao w.wwanu. wlw wRnm air rm llmmr�asr•r>t- •a wraAr-n asnn.lae ��i'�^.�;� ! arm wA. w>a so n. ma 1as11ia•1.�•a'••+o�pop nobs aem wmaerwo xmr�.m `�� a�mrwe.ral aomrwR.ww near uses rr a•olaar Woos sotnwr ur,oasen.lwl , "�'�i- �^ 1RpaYFY1'MMI[�10I®I MaIEAR aaYlG wa.ua. a: r:ae.A ut y"1f11}Irs ame.lao0 \�