070-18 (CUPGregoryBishopShenandoahMobile)
CONDITIONAL USE PERMIT #09-17
GREGORY A. BISHOP- 219 Round Hill Road
Shenandoah Mobile LLC
Staff Report for the Board of Supervisors
Prepared: March 2, 2018
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:
02/21/18 Public Hearing Held; Recommended Approval
Board of Supervisors:
03/14/18 Pending
EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR
THE 03/14/18 BOARD OF SUPERVISORS MEETING:
This is a request for a Conditional Use Permit to enable the construction of a 138-foot
Monopole-Type Commercial Telecommunications Facility. Should the Board of Supervisors
find the use to be appropriate, the Planning Commission recommended 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. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the Applicant or property owner within twelve (12)
months of abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
In addition, should the Board of Supervisors find the waiver to the required setback is
acceptable, a motion to recommend approval of the setback reduction
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
Page 2
CUP #09-17, Gregory A. Bishop-Shenandoah Mobile
March 2, 2018
LOCATION:
This property is located at 219 Round Hill Road, Winchester, Virginia.
MAGISTERIAL DISTRICT:
Back Creek
PROPERTY ID NUMBER:
52-A-254
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Auto Salvage Yard
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Utility Sub-station
East: RA (Rural Areas) Use: Golf Course
West: B3 (Industrial Transition) Use: VDOT Maintenance Facility
PROPOSED USE:
This is a request for a Conditional Use Permit to enable the construction of
A 138-foot Monopole-Type Commercial Telecommunications 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 803, the VDOT facility which would
provide access to the property. Existing entrance is adequate for the proposed use. However,
should use ever expand in the future, the entrance may have to be upgraded to VDOT
commercial standards.
Frederick County Inspections:
Structure shall comply with The Virginia Uniform Statewide
Building Code and Section 312, Use Group U (Utility and Miscellaneous) of The International
Building Code 2012.
Per the Section 102.3 of The Virginia Uniform Statewide Building Code, 2012 Edition, Section
102.3 VUSBC exempts equipment, related wiring, and poles and towers supporting the related
wiring installed by a provider of publicly regulated utility service. The exemption shall apply
only if under applicable federal and state law the ownership and control of the equipment and
wiring is by the service provider or its affiliates. Such exempt equipment and wiring shall be
located on either public right-of-way or private property for which the service provider has the
rights of occupancy and entry; however, the structures, including their service equipment,
housing, or supporting such exempt equipment and wiring shall be subject to the USBC. The
installation of equipment and wiring exempted by this section shall not create an unsafe
condition prohibited by the USBC.
Page 3
CUP #09-17, Gregory A. Bishop-Shenandoah Mobile
March 2, 2018
Construction of the Pre-Engineered Modular shelter requires a building permit. Plans submitted
shall be sealed by a Virginia Registered Design Professional.
An electrical permit is required for the generator and any additional electric or alteration thereof.
Please note the requirements in Chapter 17 of the IBC for special inspections for this type of
structure. (soil, concrete, bolts, etc.)
Winchester-Frederick County Health Department:
The Frederick County Health Department
has reviewed the request for comments for a Conditional Use Permit to construct a
Telecommunications tower and related ground support equipment in a fenced compound, to be
located at 219 Round Hill Road, Winchester, VA 22602; Tax Map# 52-A-254. Based upon
information provided to this Health Department by the Applicant, Shenandoah Mobile, LLC, the
proposed construction does not appear to encroach on any existing sewage disposal systems or
existing private water supplies. Therefore, this Health Department has no objections to the
issuance of the Conditional Use Permit. Applicant is advised to pay particular attention to Item
#18 of the General Notes of the Engineered Plans, which indicate that the portable toilets
required for the duration of the project are to be removed within five (5) business days of
completion of construction.
Frederick County Sanitation Authority:
Since the proposed tower will not utilize our water
and sewer services, Frederick Water has no comments.
Frederick County Fire Marshall:
A site plan will be required. Based on the plan that was
included with CUP there will be somethings to keep in mind. The fire department turnaround
will need to be changed to meet Appendix D of the Frederick County Fire Prevention Code.
Also, e fire apparatus to
drive on it as per the Frederick County Fire Prevention Code.
City of Winchester:
No comments.
Winchester Regional Airport:
Please see attached letter from Serena Manuel, Executive
Director dated December 7, 2017.
Historic Resources Advisory Board:
Please see attached letter from Candice E. Perkins,
AICP, Assistant Director/Staff to HRAB, dated January 22, 2018.
Planning and Zoning:
The 2035 Comprehensive Policy Plan of Frederick County
n considering any land use action. This proposed
138-foot monopole-type commercial telecommunication facility is located on a 7+/- acre
property that is zoned RA (Rural Areas) Zoning District. The property is located outside Urban
Development Area (UDA) and Sewer Water Service Area (SWSA) as identified within the
Page 4
CUP #09-17, Gregory A. Bishop-Shenandoah Mobile
March 2, 2018
Comprehensive Plan and is located within the Round Hill Area Plan. This plan identifies this
area to be residential and commercial in character.
The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in
the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP) (Section
165-204-.19). The properties immediately adjacent to this proposed CUP are currently zoned
RA (Rural Areas) Zoning District.
The zoning ordinance requires that all proposed telecommunication facilities be subject to
additional performance standards in order to promote orderly economic development and
mitigate the negative impacts to adjoining properties, residential properties, land use patterns,
scenic areas and properties of significant historic value. Furthermore, the Frederick County
Zoning Ordinance requires an Applicant to provide confirmation that an attempt was made to
collocate on an existing telecommunication facility, and possible collocation structures. The
Applicant has provided an inventory of existing telecommunication facilities, and no other
telecommunication facility or possible collocation opportunity structures exist in this area.
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.
Waiver:
The Applicant is requesting a waiver to reduce the required setback as set forth in
Section 165-204.19 of the zoning ordinance. This wavier of the setback requirement is from the
eastern and western property lines. This proposed telecommunication tower will be 134
the eastern and western property lines. The required setback from the property line is 100 ft. and
the tower is 138 ft. in height and the RA Zoning District height maximum is 3(138- 3
10310in RA Zoning District when the adjoining parcel over 6 acres or
more. The normal setback is one foot for every foot over the maximum height of the
district (3. The site plan notes this tower is placed 134
cannot be met. The resulting computation is (203-13469) resulting in a waiver r
The property adjacent to the setback waiver request is a utility sub-station.
The Applicant has provided documentation from a certified Virginia engineer with verification
that the tower is designed and will be constructed in a manner that, should the tower collapse for
any reason, the collapsed tower will be contained in an area around the tower, with a radius equal
to or lesser than the setback, measured from the center line of the base of the tower. Should this
waiver be granted, the result will be a 693-134 69
STAFF CONCLUSIONS FOR THE 02/21/18 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
Page 5
CUP #09-17, Gregory A. Bishop-Shenandoah Mobile
March 2, 2018
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. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the Applicant or property owner within twelve (12)
months of abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit
In addition, should the Planning Commission find the waiver to the required setback is
acceptable; a motion to recommend approval of setback reduction of 69 to allow the tower to be
134
PLANNING COMMISSION SUMMARY AND ACTION OF THE 02/21/18 MEETING:
Staff reported this application is submitted to construct a wireless commercial
telecommunication monopole tower with supporting equipment in a fenced compound. Staff
continued, the property is currently zoned RA (Rural Areas) Zoning District and the current land
use is Automobile Salvage Yard. T
Telecommunication Tower which is to be located on a 7+/- acre property. Staff noted, the
Zoning Ordinance allows for commercial telecommunication facilities in the RA (Rural Areas)
Zoning District with an approved Conditional Use Permit.
Staff reported the Applicant is requesting a waiver to reduce the required setbacks for the eastern
and western property lines. Th
property lines. T. T
and
eight of the district
) resulting in a waiver request of the
Mr. Cheran noted the property adjacent to the setback waiver request is a utility substation.
Staff presented the following conditions recommended:
1. All review agency comments and requirements shall be complied with at all times.
Page 6
CUP #09-17, Gregory A. Bishop-Shenandoah Mobile
March 2, 2018
2.The tower shall be available for collocating personal wireless services providers.
3.A minor site plan shall be approved by Frederick County.
4.The tower shall be removed by the Applicant or property owner within twelve (12) months of
abandonment of operation.
5.In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6.Any expansion or modification of this use will require a new Conditional Use Permit.
In addition, the Planning Commission found the waiver to the required setback is acceptable;
property.
Mr. Lynn Koerner, representing Shentel came forward and provided a brief overview of the
proposal and the history of this property.
Mr. Dan Turnbull of Diamond Communications came forward and noted he has been working on
an adjacent site with AT&T that is about 100 yards from this proposed tower; and agreement has
been met with First Energy.
A motion was made, seconded, and unanimously passed to recommend approval of CUP #09-17.
(Note: Commissioner Mohn was absent from the meeting)
EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR
THE 03/14/18 BOARD OF SUPERVISORS MEETING:
This is a request for a Conditional Use Permit to enable the construction of a 138-foot
Monopole-Type Commercial Telecommunications Facility. Should the Board of Supervisors
find the use to be appropriate, the Planning Commission recommended 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. A minor site plan shall be approved by Frederick County.
Page 7
CUP #09-17, Gregory A. Bishop-Shenandoah Mobile
March 2, 2018
4. The tower shall be removed by the Applicant or property owner within twelve (12)
months of abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
In addition, should the Board of Supervisors find the waiver to the required setback is
acceptable, a motion to recommend approval of the setback reduction o
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
NORTHWESTERN110
130
150
PIKE
CUP # 09 - 17
CROCK WELLS
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CROCK WELLS
CROCK WELLS
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MILL
CROCK
208
MILL
MILL
CROCK
WELLS MILL
CROCK
Gregory A. Bishop WELLS MILL
01
WELLS MILL
50
(Shenandoah Mobile LLC)
2275
2255
PIN:
NORTHWESTERN
NORTHWESTERN
PIKE
PIKE
52 - A - 254
2161
101
2117
NORTHWESTERN
STONEWALL DR
Telecommunication Tower
NORTHWESTERN
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2275
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Zoning Map
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PIKE
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ROUND
2147
HILL RD
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STONEWALL DR
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183STONEWALL DR
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ROUND
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NORTHWESTERN
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CUP #09-17
52 A 254
200
WARD AVE
365
ROCK
HARBOR DR
01
50
Cell Tower
Round Hill
Applications
Parcels
165
Building Footprints
WARD AVE
B1 (Neighborhood Business District)
B2 (General Business District)
01
B3 (Industrial Transition District)
37
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Light Industrial District)
CUP # 09 - 17
Note:
M2 (Industrial General District)
Frederick County Dept of
MH1 (Mobile Home Community District)Gregory A. Bishop
Planning & Development
I
MS (Medical Support District)
107 N Kent St
(Shenandoah Mobile LLC)
Suite 202
OM (Office - Manufacturing Park)
PIN:
Winchester, VA 22601
R4 (Residential Planned Community District)
52 - A - 254
540 - 665 - 5651
R5 (Residential Recreational Community District)
Telecommunication Tower
Map Created: December 13, 2017
Zoning Map
RA (Rural Areas District)
Staff: mcheran
RP (Residential Performance District)
0175350700Feet