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PC 08-19-20 Meeting Agenda1.Call to Order 2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting. 3.Meeting Minutes 3.A.July 1, 2020 Meeting Minutes 4.Committee Reports 5.Citizen Comments 6.Public Hearings 6.A.Conditional Use Permit #06-20 for Darin Hockman Submitted to construct an 80-foot commercial telecommunication facility. The property is located at Darkwood Trail in Shawneeland and is identified with Property Identification Number 49B02-123-136 in the Back Creek Magisterial District. 6.B.Conditional Use Permit #07-20 for Darin Hockman Submitted to construct a 100-foot commercial telecommunication facility. The property is located at 201 Darterjo Drive, Middletown, and is identified with Property Identification Number 84-A-27J in the Back Creek Magisterial District. 6.C.Conditional Use Permit #09-20 for Richard and Susan Daugherty Submitted to construct a 100-foot commercial telecommunication facility. The property is located at 348 Peeper Lane, Winchester, Virginia and is identified with Property AGENDA PLANNING COMMISSION WEDNESDAY, AUGUST 19, 2020 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC08-19-20MinutesJuly1.pdf PC08-19-20CUP06-20.pdf PC08-19-20CUP07-20.pdf 1 Identification Number 22-A-19G in the Gainesboro Magisterial District. 6.D.Conditional Use Permit #08-20 for Samuel H. Smith, Jr. Submitted for establishment of a special event facility in the RA (Rural Areas) Zoning District. The property is located at 1147 North Pifer Road, Star Tannery, Virginia and is identified with Property Identification Number 69-A-28 in the Back Creek Magisterial District. 7.Other 8.Adjourn PC08-19-20CUP09-20.pdf PC08-19-20CUP08-20.pdf 2 Planning Commission Agenda Item Detail Meeting Date: August 19, 2020 Agenda Section: Meeting Minutes Title: July 1, 2020 Meeting Minutes Attachments: PC08-19-20MinutesJuly1.pdf 3 Frederick County Planning Commission Page 3714 Minutes of July 1, 2020 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 July 1, 2020 PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; J. Rhodes Marston, Back Creek District; John F. Jewell, Back Creek District; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at Large; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: None STAFF PRESENT: Candice E. Perkins, Assistant Director; Mark R. Cheran, Zoning & Subdivision Administrator; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the July 1, 2020 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Kenney commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Item 6. B. CUP #05-20 Bartonsville Energy Facility was removed from the agenda. Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the agenda with this change having been made for this evening’s meeting. MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Cline the Planning Commission unanimously adopted the minutes from the May 6, 2020 meeting. 4 Frederick County Planning Commission Page 3715 Minutes of July 1, 2020 CITIZEN COMMENTS Chairman Kenney called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. Mr. Steve Brim commented he is very hopeful the project will go through. He noted, if developed with housing the impacts will be much greater to the surrounding neighbors. He continued, as residents of Springdale Glenn they look forward to the approval of this project and the land is well located for a solar farm. He concluded, the project will contribute taxes dollars and revenue to the County. Supervisor Graber came forward and offered to hear from any citizens and welcomes feedback and suggestions they may have. No one else came forward to speak and Chairman Kenney closed the public comments portion of the meeting. ------------- COMMITTEES Frederick Water – Mtg. 06/16/20 Commissioner Marston reported, the Frederick Water Board of Directors adopted a Pandemic Policy at the meeting. He continued, the Board authorized the execution of a construction contract for the new Water Treatment Plant and Orchard View Elementary School water system and production well improvements are complete. Commissioner Marston shared the operations report for May 2020: customer base is over 17,000 customers; monthly water production averaged 6.216 MGD; the quarries are full and in excellent shape; rainfall in May was 2.04’, down from April’s 4.5’. Development Review and Regulations Committee – Mtg. 06/25/20 Commissioner Ambrogi reported, the Committee discussed a proposed ordinance amendment to expand the definition for “Day-Care Facility” to also include adult-care. He noted, this item will come forward to the Planning Commission for discussion in August. Transportation Committee – Mtg. 06/29/20 Commissioner Oates reported the Committee discussed the Rt. 11, exit 31 study; VDOT has come up with a diverging diamond on Rt. 11, which would solve a lot of issues. He continued, secondly the SmartScale resolution was approved, however with the Covid crisis things are moving slow and deadlines are being pushed back by VDOT. Also discussed were the Interstate and Primary Road Plans and the Committee endorsed these. The Secondary Road Plans were put on hold as they are waiting on VDOT to provide more information, mainly how much money will be available. Commissioner Oates concluded, Renaissance Drive is still being worked on and plans are at 90%; and the Sulphur Springs Road project had its final inspection today and if passed that project is complete. 5 Frederick County Planning Commission Page 3716 Minutes of July 1, 2020 Agricultural District Advisory Committee – Mtg. 06/25/20 Commissioner Cline reported, every 5 years the County is required to review, renew, add, or remove properties from the Agricultural and Forestal District. This year there are 2 new parcels coming in. Board of Supervisors Board of Supervisors’ Liaison, Supervisor Graber personally thanked Mr. Klein and Mr. Ruddy for their work on the solar panel projects. He also thanked Commissioner Marston and Commissioner Jewell for their willingness and efforts in meeting with citizens. ------------- PUBLIC HEARING CUP #04-20 for Robert Blankinship, submitted to construct a 70-ft commercial telecommunication facility. The property is located at 100 Archwood Trail, Lot 215 in Shawneeland, and is identified with Property Identification Number 49B03-123-215 in the Back Creek Magisterial District. Action – Recommend Approval Mark R. Cheran, Zoning & Subdivision Administrator reported, this is a request for a Conditional Use Permit for a 70-ft commercial telecommunication tower with an accessory structure. He continued, the property is located at 100 Archwood Trail in the Shawneeland Subdivision; the property is zoned R5 (Residential Recreational Community) and the land use is vacant with the exception of the tower. He noted, the properties immediately adjacent to this proposed CUP are also vacant and zoned R5. He provided a locations map of the property. Mr. Cheran continued; this Cup was applied for in response to a zoning violation due to the construction of the 70-ft telecommunication tower for internet wireless communication on this property without an approved CUP; the approval of a CUP is one avenue to abate this violation. He explained, the Zoning Ordinance allows for commercial telecommunication facilities in the R5 Zoning District with an approved CUP. He noted, should this facility be approved this commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with internet wireless communication needs. He provided a drawing of the tower location. Mr. Cheran concluded, should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. Mr. Robert Blankinship, the Applicant came forward and explained, this tower was acquired from a previous owner of the property. He believed at that time the tower was in compliance with the County Zoning Ordinance, however he was contacted by Mr. Cheran that is was in violation of the code. He stated he would like to come into compliance with the County. 6 Frederick County Planning Commission Page 3717 Minutes of July 1, 2020 Commissioner Morrison asked what the design of the tower is. Mr. Blankinship explained it is known as a Rone 25G or guide tower, with 10 sections and has reinforcement to prevent torking for help with the wind. Commissioner Morrison asked if it would collapse would it remain on the property. Mr. Blankinship responded yes; it would collapse within itself. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. William Murphy came forward and presented an overview of an auction held in 2005 at which time he purchased several parcels. He feels the value of the property is going to decrease because of this tower and he thinks the County should have an obligation to the people that purchased properties at that time. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Upon motion made by Commissioner Jewell and seconded by Commissioner Marston BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of CUP #04-20 for Robert Blankinship, submitted to construct a 70-ft commercial telecommunication facility. The property is located at 100 Archwood Trail, Lot 215 in Shawneeland, and is identified with Property Identification Number 49B03-123-215 in the Back Creek Magisterial District. ------------- CANCELATION OF REGULAR MEETING Chairman Kenney announced there were no pending items for the Planning Commission’s July 15, 2020 meeting and it will be canceled. ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Marston to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The meeting adjourned at 7:25 p.m. Respectfully submitted, ____________________________ Kevin W. Kenney, Chairman ____________________________ Michael T. Ruddy, Secretary 7 Planning Commission Agenda Item Detail Meeting Date: August 19, 2020 Agenda Section: Public Hearings Title: Conditional Use Permit #06-20 for Darin Hockman Attachments: PC08-19-20CUP06-20.pdf 8 CONDITIONAL USE PERMIT #06-20 Darin Hockman-Commercial Telecommunication Facility Staff Report for the Planning Commission Prepared: August 5, 2020 Staff Contact: Mark Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 08/19/20 Pending Board of Supervisors: 09/09/20 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to construct a commercial telecommunication facility consisting of an 80-foot telecommunication tower. Should the Planning Commission find the use to be appropriate, Staff would suggest the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 9 Page 2 CUP #06-20 Darin Hockman August 5, 2020 LOCATION: This property is located at Darkwood Trail in Shawneeland. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 49B02-123-136 PROPERTY ZONING & PRESENT USE: Zoned: R5 (Residential Recreation Community) Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: R5 (Residential Recreation Community) Use: Vacant South: R5 (Residential Recreation Community) Use: Vacant East: R5 (Residential Recreation Community) Use: Vacant West: R5 (Residential Recreation Community) Use: Vacant PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of an 80-foot commercial telecommunication facility. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property is incomplete and in a private subdivision. Therefore, VDOT has no comment. Frederick County Fire Marshal: Approved. Frederick County Inspections: Conditional Use Permit for installation of a communication tower shall be designed per the 2015 Virginia Building Code (VBC), U-Utility Use Group. Tower installation requires permits. Plans submitted for permits may require the design to be sealed by a Registered Design Professional licensed in the State of Virginia. Antennas, if applicable, shall be designed for the applicable loads as required in Chap 16 VBC. Tower shall be located such that guy wires and other accessories shall not cross or encroach upon any street or other public space, or over above ground electric utility lines, or encroach upon any privately-owned property without written consent. Tower shall be equipped with climbing and working facilities in compliance with TIA-222. Access to the tower sites shall be limited as required by applicable OSHA, FCC and EPA regulations. Special Inspections may be required, please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure. (Soils, concrete etc.)> 10 Page 3 CUP #06-20 Darin Hockman August 5, 2020 Winchester Regional Airport: No comment. Planning and Zoning: The property currently has a 50-foot small cell lattice tower approved by Frederick County on March 6, 2020. This proposed CUP is to allow for the extending the current tower to be increased thirty (30) feet resulting in a 80-foot commercial telecommunication facility for internet wireless communications. This facility will be located on a 1.22/- acre property that is zoned R5 (Residential Recreation Community) Zoning District. (Shawneeland subdivision) The 2035 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering any land use action. The Comprehensive Plan identifies this area of the County to remain R5 and is not part of any current land use study. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the R5 Zoning District with an approved CUP. The properties immediately adjacent to this proposed CUP are vacant and currently zoned R5. Should this facility be approved this commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with internet wireless communication needs. STAFF CONCLUSIONS FOR THE 08/19/20 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 11 49B02 123 136 T I M B E R R I D G E T R L D A R K W O O D T R L Application Parcels R5 (Residential Recr eational Comm unity District)µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 21, 202 0 T I M B E R R I D G E T R L R O C K W O O D T R L B E A R T R L J A L A P A T R L ASHWOOD TRL BOW WOOD TRL D A R K W O O D T R L FI R E W O O D T R L E N D W O O D T R L 0 120 24060 Feet BUDWOOD TRL CUP # 06 - 20: Darin HockmanPIN: 49B02 - 123 - 136Commercial Telecommunication FacilityZoning Map CUP #06-20 12 49B02 123 136 T I M B E R R I D G E T R L D A R K W O O D T R L Application Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 21, 202 0 T I M B E R R I D G E T R L R O C K W O O D T R L B E A R T R L J A L A P A T R L ASHWOOD TRL BOW WOOD TRL D A R K W O O D T R L FI R E W O O D T R L E N D W O O D T R L 0 120 24060 Feet BUDWOOD TRL CUP # 06 - 20: Darin HockmanPIN: 49B02 - 123 - 136Commercial Telecommunication FacilityLocation Map CUP #06-20 13 14 15 16 17 18 19 20 21 22 23 Planning Commission Agenda Item Detail Meeting Date: August 19, 2020 Agenda Section: Public Hearings Title: Conditional Use Permit #07-20 for Darin Hockman Attachments: PC08-19-20CUP07-20.pdf 24 CONDITIONAL USE PERMIT #07-20 Darin Hockman-Commercial Telecommunication Facility Staff Report for the Planning Commission Prepared: August 5, 2020 Staff Contact: Mark Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 08/19/20 Pending Board of Supervisors: 09/09/20 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to construct a commercial telecommunication facility consisting of a 100-foot telecommunication tower. Should the Planning Commission find the use to be appropriate, Staff would suggest the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 25 Page 2 CUP #07-20 Darin Hockman August 5, 2020 LOCATION: This property is located at 201 Darterjo Drive, Middletown, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 84-A-27J PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of a 100-foot commercial telecommunication facility. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 1553, Darterjo Drive, the VDOT facility providing access to the property. A location has been identified for a low-volume commercial entrance, on Route 1553. The entrance will need to meet VDOT standards for the proposed use. Should the use ever expand in the future, the entrances will need to be reviewed, to determine if additional improvements may be required. Frederick County Fire Marshal: Approved. Frederick County Inspections: Conditional Use Permit for installation of a communication tower shall be designed per the 2015 Virginia Building Code (VBC), U-Utility Use Group. Tower installation requires permits. Plans submitted for permits may require the design to be sealed by a Registered Design Professional licensed in the State of Virginia. Antennas, if applicable, shall be designed for the applicable loads as required in Chap 16 VBC. Tower shall be located such that guy wires and other accessories shall not cross or encroach upon any street or other public space, or over above ground electric utility lines, or encroach upon any privately-owned property without written consent. Tower shall be equipped with climbing and working facilities in compliance with TIA-222. Access to the tower sites shall be limited as required by applicable OSHA, FCC and EPA regulations. 26 Page 3 CUP #07-20 Darin Hockman August 5, 2020 Special Inspections may be required, please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure. (Soils, concrete etc.). Winchester Regional Airport: No comment. Planning and Zoning: Staff would note that this Conditional Use Permit (CUP) has been applied for in response to a complaint for the construction of a 100-foot lattice commercial telecommunication facility for internet wireless communication, on this property without an approved CUP. An approved CUP is one avenue to abate this violation. The 2035 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering any land use action. This proposed 100-foot telecommunication tower is located on a 9.56 /- acre property that is zoned RA(Rural Areas) Zoning District. The Comprehensive Plan identifies this area of the County to remain rural in nature and is not part of any current land use study. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RA Zoning District with an approved Conditional Use Permit (CUP). The properties immediately adjacent to this proposed CUP are currently zoned RA. Should this facility be approved this commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with telecommunication needs. STAFF CONCLUSIONS FOR THE 08/19/20 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 27 84 A 27J 294RIENZIKNOLL LN 239KLINESMILL RD 201DARTERJO DR 401KLINESMILL RD 172KLINES MILL RD 181DARTERJO DR 161DARTERJO DR 483KLINESMILL RD 137DARTERJO DR 150DARTERJO DR 478KLINESMILL RD KLINES MILL RD Application Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 21, 202 0 H I T E S R D KLINES MILL RD V A L L E Y P I K E £¤11 0 260 520130 Feet CUP # 07 - 20: Darin HockmanPIN: 84 - A - 27JCommercial Telecommunication FacilityZoning Map CUP #07-20 28 84 A 27J 294RIENZIKNOLL LN 239KLINESMILL RD 201DARTERJO DR 401KLINESMILL RD 172KLINES MILL RD 181DARTERJO DR 161DARTERJO DR 483KLINESMILL RD 137DARTERJO DR 150DARTERJO DR 478KLINESMILL RD KLINES MILL RD Application Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 21, 202 0 H I T E S R D KLINES MILL RD V A L L E Y P I K E £¤11 0 260 520130 Feet CUP # 07 - 20: Darin HockmanPIN: 84 - A - 27JCommercial Telecommunication FacilityLocation Map CUP #07-20 29 30 31 32 33 34 35 36 37 38 39 Planning Commission Agenda Item Detail Meeting Date: August 19, 2020 Agenda Section: Public Hearings Title: Conditional Use Permit #09-20 for Richard and Susan Daugherty Attachments: PC08-19-20CUP09-20.pdf 40 CONDITIONAL USE PERMIT #09-20 Richard Daugherty & Susan Daugherty Commercial Telecommunication Facility Staff Report for the Planning Commission Prepared: August 6, 2020 Staff Contact: Mark Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 08/19/20 Pending Board of Supervisors: 09/09/20 Pending LOCATION: This property is located at 348 Peeper Lane, Winchester, Virginia. PROPOSAL AND EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to construct a new 100-foot commercial telecommunication facility. This proposed new tower would replace an existing 90’ tower that was constructed without an approved CUP and therefore is a violation of the Zoning Ordinance. The applicant is seeking approval of this CUP to abate the zoning violation. Should the Planning Commission find the use to be appropriate, Staff would suggest the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. The Applicant has secured and recorded a “tower easement” on the adjoining property identified by PIN# 22-A-19H for the purposes of the required setback fall area for the tower. Should this tower easement be vacated on 22-A-19H, the tower shall be removed within 30 days of notification by the County unless the Applicant can demonstrate through documentation by a Virginia certified engineer, that the tower would collapse in a contained area around the tower with a radius equal to or lesser than the setback, measured from the center line of the base of the wireless facility or wireless support structure per 165- 204.19C(3)a. 5. Any expansion or modification of this use will require a new Conditional Use Permit. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 41 Page 2 CUP #09-20 - Richard Daugherty & Susan Daugherty August 6, 2020 LOCATION: This property is located at 348 Peeper Lane, Winchester, Virginia. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 22-A-19G PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential/Vacant West RA (Rural Areas) Use: Vacant PROPOSED USE: This is a request for a Conditional Use Permit to construct a new 100-foot commercial telecommunication facility. This proposed new tower would replace an existing 90’ tower that was constructed without an approved CUP and therefore is a violation of the Zoning Ordinance. The Applicant is seeking approval of this CUP to abate the zoning violation REVIEW EVALUATIONS: Frederick County Fire Marshall: Plans Approved. Frederick County Inspections: Conditional Use Permit for installation of an internet tower shall be designed per the 2015 Virginia Building Code, U-Utility Use Group. Tower installation requires permits. Plans submitted for permits may require the design to be sealed by a Registered Design Professional licensed in the State of Virginia. Antennas, if applicable, shall be designed for the applicable loads as required in Chap 16 VBS. Tower shall be located such that guy wires and other accessories shall not cross or encroach upon any street or other public space, or over above ground electric utility lines, or encroach upon any privately owned property without written consent. Tower shall be equipped with climbing and working facilities in compliance with TIA-222. Access to the tower sites shall be limited as required by applicable OSHA, FCC and EPA regulations. Special Inspections may be required, please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure. (Soils, concrete etc.). 42 Page 3 CUP #09-20 - Richard Daugherty & Susan Daugherty August 6, 2020 Winchester-Frederick County Health Department: I have reviewed your request and this office has no objections to the wireless internet tower. If this office has been contacted to provide comment prior to the placement of the tower, it would have been suggested that the tower be kept 10 feet minimum from all components of the alternative onsite sewage system and reserve area. The tower and guy wires should be placed in a manner as to not prevent access to sewage system components with equipment required for maintenance and/or repair. Any vehicular traffic of equipment required for construction of the tower must not encroach on the sewage system or reserve area. Winchester Regional Airport: No comment. Planning and Zoning: Staff would note that this Conditional Use Permit (CUP) has been applied to address and abate a zoning violation due to the construction of a 90’ telecommunication tower for wireless internet communication on the subject property without first obtaining a CUP. Approval of a CUP by the Board of Supervisors is one avenue to abate this violation. It should be noted that the Applicant is seeking to construct a new 100’ tower which is intended to replace the 90’ tower currently on the property. This proposed 100 ft-commercial telecommunication facility is located on property that is zoned RA (Rural Areas) Zoning District and primarily used for residential purposes. The 2035 Comprehensive Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering any land use action. The Comprehensive Plan identifies this area of the County to remain rural in nature and is not part of any current land use study. The Frederick County Zoning Ordinance allows for the construction of commercial telecommunication facilities in the RA Zoning District with an approved CUP. The properties immediately adjacent to this proposed CUP are also zoned RA and are utilized for residential uses. The Applicant has secured and recorded a “tower easement” on the adjoining property identified by PIN# 22-A-19H for the purposes of the required setback fall area for the tower. Should this facility be approved this commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with internet wireless communication needs. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 43 22 A 19G 385FROGHOLLOW RD 272PEEPER LN 290PEEPER LN 461FROGHOLLOW RD 541FROGHOLLOW RD 557FROGHOLLOW RD 336PEEPER LN 396PEEPER LN 416PEEPER LN 446PEEPER LN P E E P E R L N Application Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 27, 202 0 F R O G H O L L O W R D P E E P E R L N EVE NI NG L N C R I S P I N T R L S P A R T A N C T 0 220 440110 Feet CUP # 09 - 20: Richard and Susan DaughertyPIN: 22 - A - 19GCommercial Telecommunication FacilityZoning Map CUP #09-20 G R E E N S P R I N G R D 44 22 A 19G 272PEEPER LN 385FROGHOLLOW RD 290PEEPER LN 461FROGHOLLOW RD 541FROGHOLLOW RD 557FROGHOLLOW RD 336PEEPER LN 396PEEPER LN 416PEEPER LN 446PEEPER LN P E E P E R L N Application Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 27, 202 0 F R O G H O L L O W R D P E E P E R L N EVE NI NG L N C R I S P I N T R L S P A R T A N C T 0 220 440110 Feet CUP # 09 - 20: Richard and Susan DaughertyPIN: 22 - A - 19GCommercial Telecommunication FacilityLocation Map CUP #09-20 G R E E N S P R I N G R D 45 Submittal Deadline '1 241.A P/C Meeting l 9 as BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (check one): Property Owner Other NAME: Richard W. Daugherty and Susan E. Daugherty ADDRESS: 348 Peeper Lane, Winchester, VA 22603 TELEPHONE: 540 - 722 -7249 / 703 -409 -9085 2. Please list all owners, occupants, or parties in interest of the property: Richard W. Daugherty and Susan E. Daugherty 3. The property is located at: (please give exact directions and include the route number of your road or street) 348 Peeper Ln, Winchester, VA 22603 4. The property has a road frontage of 320.82 feet and a depth of 806.94 feet and consists of 6.0 acres. (Please be exact) 5. The property is owned by Richard W. Daugherty and Susan E. Daugherty as evidenced by deed from Robert and Mary Hess, Trustees (previous owner) recorded in deed book no. 160012791 on page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 0 Property Identification Number (P.I.N Magisterial District Gainesboro Current Zoning RA 22- A -19 -G 46 7. Adjoining Property: North East South West USE Residential RA Residential RA Residential Residential RA RA ZONING 8. The type of use proposed is (consult with the Planning Dept. before completing): Wireless Internet tower 90 feet in height (Rohn 25g guyed tower) 9. It is proposed that the following buildings will be constructed: Wireless Internet tower of 90' already constructed upon the property since 2009 by prior owners 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 oeonle will be notified by mail of this annlication- Name and Property Identification Number Address NameJaime and Susan Lee 336 Peeper Ln, Winchester, VA 22603 Property # 22- A -19 -F Name Roger and Colleen Williams 339 Whispering Knolls Dr, Winchester, VA 22603 Property # 22- A -2rj -A Eame.Christopher and Michelle Cody 396 Peeper Ln, Winchester, VA 22603 22- A -19 -H Name Light of Life International, Inc. 4111 Hunters Creek Rd, Carnesville, GA 30521 Property #22- A -14 -B NameJeana McLeod and John O'Connor 463 Frog Hollow Rd, Winchester, VA 22603 Property # 22 -A -19 Name Property # Name AProperty # N 47 11. Please use this page for your sketch of the property. Show proposed and /or existing structures on the property, including measurements to all property lines. o CM 91 a qWft rair f war. WMA maw= w w • ; 0 .rAV Wro f zy atrsr xvtn AF`MW4*r-C' HvusF cr.i".o. dp i i • 0 644 avtltc w, a s^.a•x,, -try 48 All of the homes adjacent to ours use our tower for Internet service 12. Additional comments, if any: including the homes immediately to the north and south of our home, which are the closest houses. Almost all of the homes on Peeper Lane and Frog Hollow Road (the next road over) use our tower for internet access. The tower was built by Mr. and Mrs. Bob Hess in 2009, nearly a decade before we purchase our home, we were not aware that the tower did not conform with the allowed use. Removing this tower would create a hardship to those who rely on it. As far as we are aware, the tower has existed at the site for the last 12 -13 years with no complaints from the neighbors. 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 Signature of Owner Owners' Mailing Address Owners' Telephone No. 348,'Pdeper Ln, Winchester, VA'22603 540 - 722 -7249 / 703 - 409 -9085 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 49 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Mail to: Frederick County Inspections Department 107 North Kent Street, 2" Floor Winchester, Virginia 22601 540) 665 -5650 Band deliver to: Frederick County Inspections Department Attn: Building Official 107 North Kent Street, 2nd Floor Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist theagencywiththeirreview. Also, please attach two (2) copies of your applfcatton form , mlocat2on ap anda11` other rtz ttarm v Applicant's Name: Richard & Susan Daugherty Mailing Address. 348 Peeper Lane Winchester, VA 22603 Name of development and /or description of the request: Erection of 90' guyed tower for internet Location of Property: 348 Peeper Lane Winchester, VA 22603 Building Official's Comments: Telephone: 540 -722 -7249 / 703.409 -9085 Building Official's Signature & Date: Y APR 10 2020 rec1t1?11c;k Countyr, +,t. Works & Inspections Notice to Inspections Department - Please Return This Form to the Applicant 12 50 Conditional Use Permit for installation of an intemet tower shall be designed per the 2015 Virginia Building Code, U- Utility Use Group. Tower installation requires permits. Plans submitted for permits may require the design to be sealed by a Registered Design Professional licensed in the State of Virginia. Antennas, if applicable, shall be designed for the applicable loads as required in Chap 16 VBC. Tower shall be located such that guy wires and other accessories shall not cross or encroach upon any street or other public space, or over above ground electric utility lines, or encroach upon any privately owned property without written consent. Tower shall be equipped with climbing and working facilities in compliance with TI4,-222. Access to the tower sites shall be Iimited as required by applicable OSHA, FCC and EPA regulations. Special Inspections may be required, please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure. (Soils, concrete etc..). S: \Site Plan comments\2015 \CUP Tower Private.doc 51 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 540) 662-2422 Qn,d 11.,Gvor fne Winchester Regional Airport Attn: Executive Director 491 Airport Road Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information_ Applicant's Name: Richard & Susan Daugherty Telephone: 540-722-7249 / 703-409-9085 Mailing Address: 348 Peeper Lane Winchester, VA 22603 Name of development and/or description of the request: Erection of 90' guyed tower for internet Location of Property: 348 Peeper Lane Winchester, VA 22603 Winchester Regional Airport Comments: Winchester Regional Airport - Signature & Date: Notice to Winchester Regional Airport - Please ieturn Form to Applicant 16 52 1"-o—au— rc/ v-1-cr ow — y r r,, -jJ REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester - Frederick County Health Department Mail to- Frederick- Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 540) 722 -3480 Hand deliver to: Frederick - Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street, Suite 201 Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the ' agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. w Applicants Name: Richard & Susan Daugherty Mailing Address: 348 Peeper Lane Winchester, VA 22603 Name of development and /or description of the request: Erection of 90' guyed tower for internet Location of Property: 348 Peeper Lane Winchester, VA 22603 Telephone: 540- 722 -7249 1703-409-9085 Frederick - Winchester Health Department's Comments: yE su 5:9xc-T per, ART iS Sc9Y ;1> t-T,Z A/ AT'i LW7 Okb-'7 421P+J roil- %I-1,ilE Yobbo_ iS JrA -kP rJ efsrF f=o.2 Health Dept. Signature & Date: 4 J3- 2E) Notice to Health Department - Please Return This Form to the Applicant 13 r; 53 Lord Fairfax Health District LORI) Frederick / Winchester Environmental Health I_, }' . 107 North Kent Street - Suite 4 201 I .1 R"._' Winchester, Virginia 22601 H EA 1.,i, } 1 D I S %] (. i Tel. (540) 722 -3480 — Fax (540) 722 -3479 www.vdh.virginia.gov April 21, 2020 Richard & Susan Daugherty 348 Peeper I,n. Winchester, VA 22603 VIRGINIA DEPARTMENTVDHOfHEALTH ftlectiq You and 11wr Ehvi nrwn1 RE: Request for Comments regarding the wireless internet tower located at 348 Peeper Ln. Winchester, VA 2260' ) Frederick County Tax Map# 22-A- 19G) Dear Richard & Susan Daugherty, I have reviewed your request and this office has no objections to the wireless internet tower. If this office been contacted to provide comment prior to the placement of the tower, it would have been suggested that the tower be kept 10 feet minimum from all components of the alternative onsite sewage system and reserve area. The tower and guy wires should be placed in a manner as to not prevent access to sewage system components with equipment required for maintenance and/or repair. Any vehicular traffic or equipment required for construction of the tower must not encroach on the sewage system or reserve area. If you have any questions, please contact me at (540) 722 -3480. S Ji avis, REHS E ironmental Health Supervisor 54 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1900 Coversione Drive Winchester, Virginia 22602 540) 665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information_ Applicant's Name: Richard & Susan Daugherty Mailing Address: 348 Peeper Lane MrIchester, VA 22603 Name of development and/or description of the request: Erection of 90' guyed tower for internet Location of Property: 348 Peeper Lane Winchester, VA 22603 Fire Marshal's Comments: Fire Marshal' s Signature -& Date: Telephone: 54-722-7249 / 703-409-9085 17-20zo Notice to Fire Marshal - Please Return This Form to the Applicant 11 55 Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review Conditional Use w er Richard Daugherty 348 Peeper Lane Winchester, Virginia 22603 Phone: 540 -722 -7249 Owner: Susan Daugherty Information Received Date: 04 /10/2020 Review Begin Date: 04117/2020 Review End Date: 04/17/2020 Hours: 0.5000 1080 Coverstone Drive Winchester, VA 22602 Phone: 540 -665 -6350 Fax: 540-678-4739 fmo@fcva.us Status: Approved Printed Date: 04/17/2020 Occupancy Type: Residential Property Use: Activity Number: 104BJ031 Activity Details Project Name 90' Tower for Internet Comments: Approved Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 56 S 0 u 9 Wills, Trusts, Estates Elder Law Real Estate Business Litigation Mata&H1*11PLC July 23, 2020 Mark Cheran Zoning & Subdivision Administrator Frederick County, Virginia VIA HAND DELIVERY Andrew P. Hill Attorney and Counsellor at Law Admitted in Virginia E -mail: aphill @mata - hill.com Telephone: (540) 686.1203, Ext. 2 Facsimile: (540) 466.1203 Re: Richard and Susan Daugherty 348 Peeper Lane, Winchester, Virginia 22603 (Tax Map No. 22 A 19G) Dear Mark: As you will recall, I represent Richard and Susan Daugherty with respect to the above - referenced Property and the Conditional Use Permit ( "CUP ") application they submitted to your office earlier this year. Per our prior e-mail correspondence on this matter, Mr. and Mrs. Daugherty intend this package of materials to serve as a supplement to their previously -filed CUP application. Enclosed with this letter are the following documents: 1. Comment forms from required agencies; 2. Deed of Easement executed by Mr. and Mrs. Daugherty and their immediate neighbors, Jaime and Susan Lee, for a "fall easement ", which includes a plat prepared by Christopher D. Furstenau, L.S., dated July 15, 2020 (the "Plat "), showing the proposed new location for the 100' self - standing tower; and 3. Engineering specifications from Rohn Products, LLC ( "Rohn "), the manufacturer of the tower in question. As noted above, with this letter and the enclosed documentation, my clients seek to amend their CUP application. As originally submitted, their application sought approval for the preexisting 90' tower, which was installed in approximately 2009. My clients now propose to remove the preexisting tower and install a new 100' self - standing tower in the location shown on the Plat. Front Royal Office/Mailing Address Winchester Office Strasburg Office 25 S. Royal Avenue 123 Amherst Street 150 E. King Street Front Royal, Virginia 22630 Winchester, Virginia 22601 Strasburg, Virginia 22657 57 Pa With respect to the engineering specifications, my clients intend to use the tower listed as SS140R90" as the baseline for the installation. 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O q o @!§2!` 000 k 000 k 2 6091 r V!! 72 as ( oo 0 OR q2 ( 0. 0. k o f e z o g 0 _ 2 k k( \ \ \) k o 2\ e g k \\ 0 LU 2 z \ z@ / 2: a r®& /![ 0 , 60 E ce 22 w_]_ zz k( 73 j( 9ibti2® k 90 o 3 x \@ 000 § LL. e) 0 \ 2m \ / \ @ :> go ter\ 0` 0 ( u r! =ate k ZH 0 06-. 2\\ 2\ 2{& LVZ c _,_ - 101 k( 74 ofE k(/ 0 2 o CL kui 0 ka Qi= A xoQ g() 0 0 o 0 o 75 6Bt2 R! r k2 / co z Bkk §§ §§(m§§ Li( o2§ m |2 d r 2,§ : b 7\- ( \ $§)f E ; L2Nik m):§k§ k \())k R.z z, ( 2!!e q§ 2 76 j 2 m & E j$ U u2 :o g8 yz 5± em c //\/ § z guc d\ 0 C (D2 z U —ZU5 ruce r - otz <« 722 ) §±j aLu §§ t\UZ§ {k z §g U) < §\ o mk5wk <ou a e <§jzok kb) m u uLu i 82§ °§£ q@Lu 0C'e j \ §2\\§ LU 11 GE S& 5) 22? zt, V) E §\5$ e e gE 77 200009358 This Deed of Easement is exempt From hording taxes pursuant to Va. Code § 58.1- 811(D) as a Deed ofGift with no consideration. Prepared by and Andrew P. Hill, VSB No. 80474 return to: Mata & Hill PLC 25 S. Royal Avenue Front Royal, Virginia 22630 Consideration: 'Zero Tax I.D.: 22 A 19F 22 A 19G O,X4 Ckaotrt.- THIS DEED OF EASEMENT is ;wade this 1s - day of , 2020, by and between JAIME M. LEE and SUSAN C. jam, husband and wife, parties of the first part (hereinafter referred to as the "Grantors "), whose address is 336 Peeper Lane, Winchester, Virginia 22603, and RICHARD W. DAUGHL'RTY and SUSAN E. DAUGHERTY, husband and wife, parties of the second part (hereinafter referred to as the "Grantees "), whose address is 348 Peeper Lane, Winchester, Virginia 22603. RECITALS: WHEREAS, the Grantors are the owners of certain real estate described as Lot 7, Frog Hollow Estates, comprising 6.00 acres, more or less, commonly known as 336 Peeper Lane, Winchester, Virginia 22603 (Frederick County Tax Map No. 22 A 19F) (hereinafter referred to as "Lot 7"); and WHEREAS, the Grantees are the owners of certain real estate described as Lot 8, Frog Hollow Estates, comprising 6.00 acres, riore or less, commonly known as 348 Peeper Lane, Winchester, Virginia 22603 (Frederick County Tax Map No. 22 A 19G) (hereinafter referred to as "Lot 8 "); and 6a roes boro -D-1 ; d- WHEREAS, the Grantees desire to obtain, and the Grantors desire to grant to Grantees, their successors and assigns (including any and all future owners of Lot 8), a non- exclusive easement (hereinafter referred to as the "Easement ") over a portion of I.ot 7 on the conditions set forth in this instrument and in the location shown on the attached plat prepared by Christopher D. Furstenau, L.S., dated July 15, 2020 (hereinafter referred to as the "Plat "), a copy of which is attached hereto and incorporated herein by this reference as if expressly set forth in fill; 78 c= NOW, THEREFORE, THIS DEED OF EASEMENT WITNESSETH: That for good and valuable consideration, the receipt and sufficiency of which is hereby r` acknowledged, the parties hereto agree as follows: 1. The Grantors hereby grant a non - exclusive Easement to the Grantees, their successors and assigns, over and across that portion of Lot 7 shown on the Plat and designated as "Tower Easement Hereby Created (6935 sq. ft.)" hereinafter referred to as the "Easement Area "). 2. The Easement is a "fall easement" for a telecommunications tower sited on Lot 8 (hereinafter referred to as the "Tower "), as shown on the Plat. The Easement Area is designed to cover the maximum distance from which the Tower can fall in the event of a collapse. 3. Under the Easement granted by this Deed, the Grantees, their successors and assigns, only have the right to enter on to Lot 7 in the event of a collapse of the Tower. In the event that such entry is necessary, Grantees, their successors and assigns, shall ensure, to the greatest extent possible, that I.ot 7 is restored to its condition immediately prior to any collapse. 4. The Easement created by this Deed shall constitute a covenant running with the land and shall be a perpetual easement, binding the Grantors, the Grantees, and each of their successors and assigns. Reference is hereby made to the aforesaid instruments and the references therein contained for more particular descriptions of the property hereby conveyed. This Deed of Easement is made subject to all easements, rights of way and restrictions of record, affecting the subject property. 2 79 WTI*NESS the following &iz:,pj -re i acid :,eats: PO C" UN s susik& . - j[..)' E' - CITY/ COUNTY OF to -wit'? r, V ,.,' ° r li ilil,iV,, Tire foregoing instrument was acknowledged before me this day of 2020, by Taime M. Lee and Susan C. Lee. My commission expires: .... ....... .... q0T AR Y I'uB11C 80 SEAL} R", SFAL) SUSAN F. DA1JGHrRTY COMMONWEALTH OF VIRGINIA ' 1 to t: ne foxg0ing inmument was ackww1rdged before me t1fis day of 2020, bry R;6prd W. lNug"- inid ISUSIM E. Nugherty, I My commv,"M cxpms: 3-- TC ALESSANDRA 1) LANZETTA NOTARY PUBLIC Commonwealth of Virginia Reg. *77854835MyC."orrimisvon Expires 4 - 81 PROPOSED TOWER LOCATiON LOT 8 S 40°00'32" I LOT 4N TOWER EASEMENT It o9,7_`\,,", LOT 7 S 40*01'04" Vl 64.11 6 /s 27: C l 0 1 11 w Cl 12681' T'-' FROG HOLLOW ESTATES clC' GAINESBORO DISTRICT FREDERICK COUNTY, VIRGINIA LOT 8 6.0000 ACRES ry XEX. DWELLING # 348 STAKE J Q NEW I-) TOWER LOCATION WELf. T STAKE IRF Ek WIR)TAN TBR GARAGE Crj j TOWER EASEMENT n HEREBY CREATED co 0 STAKE cD ( 61335 SQ. FT.) co to to EX. DPAJNFIELD BUFFER ESM'F 1 IRRILLHOLE PEEPER L A AlE IN CONC, 50' R/W AND UTIL. ESVI'T 7 j 445 ' 2C1' N/F 96p / 794 O CDF LAND SURVE"NG CHRISTOPHER D. FURSTENAU, L.S. IAND St'Rlv%YviG-LA_*4D mANNING-CONSULTATIOIN i D, v 1520 COMMERCT STREET, $109 WINCHESTER, VIRGINIA W grU-4268 FAX 548 721-3242 ckriAopher*tdfturveyjugco_ FURSTENAU ATE: .JULY 15, 20120 LIC, 'No. 272.7 CALF,: i'= 100' JULY f5. 2020 TAX MAP. 22—A-196: 4AID S 82 VIRGINiA: FREVM 21( (OUNTy,tt Thi'. 4w7jjmK,-jtj; iiiiij!jo to mt, pm A arc annexed was admM tv wcot, W IMPUMd OY 5a SUM of 54.1 b^41 have i ter om'j, if assessable. Clerk 83 Untitled Page 4/ 8/ 20, 9:20 AM Frederick Home Frederick County Virginia ixFTur Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 2019 REAL ESTATE Dept/Ticket# RE2019 / 88660002 Frequency 2 Supplement# 0 Name DAUGHERTY RICHARD W Map# 22 A 19G Account# 8040276 Name 2 DAUGHERTY SUSAN E Bill Date 04/18/2019 Acreage Address 348 PEEPER LN Due Date 12/05/2019 Improvements WINCHESTER VA Desc LOT8 FROG HOLLOW ESTATES Land Value 6.00 ACRES Land Use Zip 22603 2575 Penalty Paid Original Bill 1,896.18 0.00 Interest Paid $0.00 Current Payment Status Payments Principal Balance Due Penalty 1,896.18) $0.00 $0.00 Minerals Last Transaction Date 1112212019 6.000 523,200.00 98,500.00 0.00 0.00 Interest Balance Due 0.00 $0.00 Transaction History Date Type llansactioa Amount Balance 12/6/2019 Charge 0 $1,896.18 $1,896.18 11/21/2019 Principal Paid 29990 ($1,896.18) $0.00 Previous https: / /fctaxes.co.frederick.va. us/ Applications /TR_PayTaxes /REDetail.aspx Page 1 of 1 84 Planning Commission Agenda Item Detail Meeting Date: August 19, 2020 Agenda Section: Public Hearings Title: Conditional Use Permit #08-20 for Samuel H. Smith, Jr. Attachments: PC08-19-20CUP08-20.pdf 85 CONDITIONAL USE PERMIT #08-20 Samuel H. Smith Jr. - Special Event Facility Staff Report for the Planning Commission Prepared: August 5, 2020 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 08/19/20 Pending Board of Supervisors: 09/09/20 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a special event facility to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. All engineered site plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment for a special events facility. 3. Development of the property for a special events facility may include: a. A 2,400 Sq. Ft. Barn for events b. A maximum of four (4) pavilions/gazebos c. A maximum of twelve (12) guest cabins d. A gravel parking area for guest. 4. Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. 5. Special event may accommodate up to and not to exceed 250 persons. 6. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 7. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 86 Page 2 CUP #08-20, Samuel H. Smith, Jr. August 5, 2020 LOCATION: The subject property is located at 1147 North Pifer Road (Route 600), Star Tannery, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 69-A-28 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Residential PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of a special event facility. . REVIEW EVALUATIONS: Virginia Department of Transportation: A VDOT review conducted for the Canaan Springs Entrance plan dated 26 May 2020. Based on the review of the submittal, the VDOT requirements are addressed and the Entrance Plan is approved by our office. Sight distance requirements will need to be verified at the end of construction. We offer the following general comments: • Our review and comments are general in nature. Should details be overlooked during plan review or conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the department. • Materials used and methods of construction shall adhere to the current observed VDOT Road and Bridge Specifications, Road and Bridge Standards, Manual on Uniform Traffic Control Devices, and Land Use Permit Special Provisions. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • Any construction related changes to the approved plan must come through the design engineer to VDOT for approval. Please allow a minimum of 5 business days for VDOT review. • A Land Use Permit shall be obtained before any work is performed on the State’s right- of-way. The permit is issued by this office and may require application fees, the salary & expenses of a State assigned inspector, and surety bond coverage. 87 Page 3 CUP #08-20, Samuel H. Smith, Jr. August 5, 2020 Frederick County Inspections: • Buildings shall comply with The Virginia Uniform Statewide Building Code, and Section 303-A, Assembly Use Group of the Virginia Building Code/2015. Other Code that applies are the Virginia Energy Code, ICC/ANSI A117.1-09 Accessible and Usable Buil dings and Facilities, Virginia Plumbing Code, and Virginia Mechanical Code. Design plans submitted for permit application shall be sealed by a Virginia Licensed Design Professional. Occupant load and fire egress plans shall be indicated on sealed plans at time of submittal • Remodel of existing structure requires an asbestos inspection and possible asbestos abatement permits. • New assembly buildings shall meet height and area for the type of construction as allowed in Section 506. Multi-level buildings and facilities shall meet Section 1104.4 for an accessible route. Building shall comply with Section 903, Automatic Sprinkler System if required by design. All required egress shall meet ANSI A117.1-09 for slopes. 60% of all public entrances shall be accessible. Vestibule or air lock is required for entrances opening into a space exceeding 3,000 sq ft. Gazebo and storage building require a building permit. • Accessible parking shall be provided in accordance with T1106.1(1) of the IBC. Where building have multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located near the accessible entranc e. A minimum of one van accessible parking and unloading is required. Max slope of accessible parking and unloading areas shall not exceed 2%. Signage for parking shall be provided as required per USBC 1106.8 Maximum ½” door threshold is allowed per ANSI A117.1-09. A detailed site plan is required to indicate the finished floor elevation(s) and accessible parking/unloading area, accessible route to main entrances, and elevations at fire exits. • Restroom quantities shall be determined by Assembly Use Group Use based on the occupant load. Public restrooms shall be provided and shall meet ANSI A117.1-09 for accessibility Health Department approval for the sanitation system is required. • Please note the requirements in Chapter 17 of IBC for special inspection requirements on the type of structure. (Soils, concrete etc.). Winchester-Frederick County Health Department: I have reviewed your request and this office would have no objections to the use of your barn as an event venue provided it will be served by an approved onsite sewage disposal system designed to accommodate the maximum number of guest and employees estimated to attend any event along with an approved water 88 Page 4 CUP #08-20, Samuel H. Smith, Jr. August 5, 2020 source. If there is to be onsite food preparation, the onsite system must be designed to accommodate the additional effluent generated. Frederick County Fire Marshall: Approved. Planning and Zoning: Staff would note that this Conditional Use Permit (CUP) has been applied for in response to a zoning violation for operating an on this property without an approved CUP. An approved CUP is one avenue to abate this violation. This application for a Conditional Use Permit (CUP) to permit the establishment of a special event facility for private events such as weddings or other similar type events (birthday parties, charity events, family reunions, etc.). A special event facility is a permitted use in the RA (Rural Areas) Zoning District with an approved CUP. The Zoning Ordinance defines “special event facility” as a facility or site utilized for events that are typically conducted on a single day, but which may be conducted for up to three consecutive days, for which attendance is permitted only by invitation or reservation; special events include, but are not limited to, meetings, conferences, banquets, dinners, weddings and private parties. The proposed use will take place on an existing 107+/- acre farm, which includes a single-family detached residence, open outdoor patio, with 2,400 square foot barn for weddings and other special events. In the future, the Applicant is requesting to add (new construction) ten (10) to twelve (12) guest cabins to be used in conjunction with special events, and three (3) to four (4) pavilions/gazebos in conjunction with the special event facility. These additions shall to be shown on the approved engineered site plan. The Applicant intends to host events for up to 250 persons and will provide a gravel parking area for guests. Permanent restroom facilities will be installed, including a new septic system and drainfield. Any food preparation will be via catering companies, and future permanent cooking facilities. The special event facility will be accessed via a private driveway from N. Pifer Road (Route 600). The property is surrounded by RA (Rural Areas) zoned property, which includes open space, agricultural uses, and single-family detached residences. The 2035 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County as “rural” and is to remain agricultural in nature and is not part of any land use study. The Board of Supervisors added “special event facilities” to the conditional use list for the County’s Rural Areas Zoning District in 2017 to support additional opportunities for agribusiness and agritourism. The proposed use is consistent with the goals and strategies expressed in the 2035 Comprehensive Plan and the surrounding properties. 89 Page 5 CUP #08-20, Samuel H. Smith, Jr. August 5, 2020 STAFF CONCLUSIONS FOR THE 08/19/20 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a special event facility to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the special events facility. 3. Development of the property for special events facility may include: a. A 2,400 Sq. Ft. Barn for events. b. A maximum of four (4) pavilions/gazebos. c. A maximum of twelve (12) guest cabins. d. A gravel parking area for guest. 4. Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. 5. Special events may accommodate up to and not to exceed 250 persons. 6. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 7. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 90 BUSHY RIDGESubdivision ¬«55 69 A 28 1471S PIFER RD 1419N PIFER RD 1648STARTANNERY RD 1648STARTANNERY RD 1421N PIFER RD 1544STARTANNERY RD 1544STARTANNERY RD1417N PIFER RD 668WARDENSVILLEPIKE 668WARDENSVILLEPIKE 1261N PIFER RD 1301N PIFER RD 837N PIFER RD1270N PIFER RD 1194N PIFER RD 1280N PIFER RD 929N PIFER RD 703N PIFER RD 521BUSHYRIDGE DR 998N PIFER RD 884N PIFER RD 866N PIFER RD485BUSHYRIDGE DR BUSHYRIDGE DR WARDENSVILLE PIKE S T A R T A N N E R Y R D N P I F E R R D Application Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 21, 202 0 Star Tannery N P I F E R R D BRILL RD S T A R T A N N E R Y R D WARDENSVILLE PIKE W A R D E N S V I L L E G R B U S H Y R I D G E D R DUCK RUN LN ¬«55 0 775 1,550387.5 Feet SHENANDOAHCOUNTY CUP # 08 - 20: Samuel H. Smith, Jr.PIN: 69 - A - 28Special Event CenterZoning Map CUP #08-20 91 BUSHY RIDGESubdivision ¬«55 69 A 28 1471S PIFER RD 1419N PIFER RD 1648STARTANNERY RD 1648STARTANNERY RD 1421N PIFER RD 1544STARTANNERY RD 1544STARTANNERY RD1417N PIFER RD 668WARDENSVILLEPIKE 668WARDENSVILLEPIKE 1261N PIFER RD 1301N PIFER RD 837N PIFER RD 1194N PIFER RD 1270N PIFER RD 1280N PIFER RD 929N PIFER RD 703N PIFER RD 521BUSHYRIDGE DR 998N PIFER RD 884N PIFER RD 866N PIFER RD485BUSHYRIDGE DR BUSHYRIDGE DR WARDENSVILLE PIKE S T A R T A N N E R Y R D N P I F E R R D Application Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 21, 202 0 Star Tannery N P I F E R R D BRILL RD S T A R T A N N E R Y R D WARDENSVILLE PIKE W A R D E N S V I L L E G R B U S H Y R I D G E D R DUCK RUN LN ¬«55 0 775 1,550387.5 Feet SHENANDOAHCOUNTY CUP # 08 - 20: Samuel H. Smith, Jr.PIN: 69 - A - 28Special Event CenterLocation Map CUP #08-20 92 93 94 95 96 97 98 99 100 101 102 103 104 105