HomeMy WebLinkAbout021-20 (CUP06-20DarinHockman) ORDINANCE
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Action:
PLANNING COMMISSION: August l 9, 2020 Public Hearing Held,Recommended Approval
BOARD OF SUPERVISORS: September 9, 2020 Approved
ORDINANCE
CONDITIONAL USE PERMIT #06-20
DARIN HOCKMAN
WHEREAS, CONDITIONAL USE PERMIT APPLICATION #06-20 was submitted by Damn
Hockman to construct a commercial telecommunication facility consisting of an 80-foot tower was
considered; this property currently has a 50-foot small cell lattice tower. This Conditional Use Permit
would enable the existing 50-foot tower to be increased 30-feet to allow for an 80-foot tower. The
property is located at Darkwood Trail in Shawneeland,Winchester,Virginia and is further identified with
Property Identification Number 491302-123-136 in the Back Creek Magisterial District; and
WHEREAS,the Frederick County Plaiuling Commission held a publichearing on this Conditional Use
Pen-nit on August 19, 2020 and recommended approval of this Conditional Use Pen-nit; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional
Use Pen-nit during their regular meeting on September 9, 2020; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use
Permit to be in the best interest of the public health, safety, welfare, and in conformance with the
Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that
Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning reap to reflect that
Conditional Use Permit#06-20 to allow for the existing 50-foot tower to be increased by 30-feet to allow for
the construction of an 80-foot commercial telecommunication facility on the parcel identified with Property
Identification Number 491302-123-136 is approved with the following conditions:
I. 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 Pen-nit.
This ordinance shall be in effect on the date of adoption. Passed this 9"' day of September 2020 by the
following recorded vote:
Charles S. DeHaven, Jr., Chain-nan Aye Shawn L. Graber Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
Gene E. Fisher Aye Judith McCann-Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
Kris C. Bey
Frederick County Administrator
PDRes #29-20
BOS Res. 9021-20
CONDITIONAL USE PERMIT #06-20
Darin Hockman-Commercial Telecommunication Facility
Staff Report for the Board of Supervisors
Prepared: August 27, 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 Recommended Approval
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 Board of Supervisors
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 Bearing, 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#06-20 Darin Hockman
August 27, 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 TTA-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.)>
Page 3
CUP#06-20 Darin Hockman
August 27, 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 an 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 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 continents 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
PLANNING COMMISSION SUMMARY AND ACTION FOR THE 08/19/20 MEETING:
Mark R. Cheran, Zoning & Subdivision Administrator reported, this is a request for a
Conditional Use Permit (CUP) to construct an 80' commercial telecommunication facility. He
continued, the property is located on Darkwood Trail in Shawneeland and is zoned R5
(Residential Recreational Community) and is in the Sack Creek Magisterial District. He noted,
the current land use is vacant, as well as the surrounding properties. Mr. Cheran explained, the
Page 4
CUP#06-20 Darin Hockman
August 27, 2020
property currently has a 50' small cell lattice tower approved by Frederick County on March 6,
2020; this proposed CUP is to allow for the current tower to be increased by 30' resulting in an
80-foot commercial telecommunication facility for internet wireless communications. He
continued; the Frederick County 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 location map of the property. Mr. Cheran shared the conditions as recommended by
Staff.
1. All review agency comments shall be complied with at all times.
2. The tower shall be available for collocating personal wireless service
providers.
3. The tower shall be removed by the Applicant or property owner within
twelve (12) months of abandonment of operation.
4. An expansion or modification of this use will require a new Conditional
Use Pennit.
A motion was made by Commissioner Jewell and seconded by Commissioner Marston and
unanimously passed to recommend approval of CUP#06-20 for Darin Hockman.
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.
CUP # 06 - 20: Garin Hock an
PIN: 49B02 - 123 - 136
Commercial Telecommunication Facility
Zoning Map
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Frederick County Planning& Development
INNKent St
Winchester,VA 22601
540-665-5651
0 60 120 240 Feet Map Created:July 21,2020
CUP # 06 - 20: Darin Hockman
PIIS: 49602 - 123 - 136
Commercial Telecommunication Facility
Location Map
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107 N Keri St
Winchester,VA 22601
540-665-5651
0 66 120 244 Feet Map Created:July 21,2020
DOS reefing' 4t'6
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTYVIRGINIA
1. �licant(check one): Property Owner M7 Other _
NAME: Darin Hockman
ADDRESS: 201 Dar*p Dr.
TELEPHONE: (W)W-IM
2. Please list all owners,occupants,or parties in interest of the property:
Hackman F_ntmprises
3. The property is located at:(please give exact directions and include the route number of
your road or street)
Darkwood Trap In Stravvnee Land
4. The property has a road frontage of 150' feet and a depth of 180' feet and
consists of 1.22 acres.{Please be exact}
5. The property is owned by Hockman Enterprises as
evidenced by deed from (previous owner) recorded in
deed book no. on page , as recorded in the records of the Clerk of the
Circuit Court,County of Frederick.
6. Property Identscation,Number(P,I.N.)49802 12-3 136
Magisterial District Back Crook
Current Zoning as
4 RECEl1 W
JUN # 2 2020
FREDERICK COUNTY
PLANNING AND DEVELOPMENT
T Adjoining Property.
USE cif Y
North
East
South
West
8. The type of use proposed is(consult with the Planning Dept.before completing):
7eleoommunicat3ons tower for rural broadband
9. It is proposed that the following buildings will be constructed:
_6:,TelecommunicationsTower
10. The following are all of the individuals, £urns, 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.)
Theseeo 1e will he notified bZ mail of this a lication:
Name and Property Idendficafion Number Address
Name Donna &James Will 2001 Gold Mine Rd.
Property#49B02 123 135 _�.. Bfookeville, MD 20833
NatneJeffrey Travis P.O. Box 7+09
hwem#49802 123 137 lnwo.od, WV 25428
NettreJoseph Samella
Property#49802 123 134
NJoseph Snider 6134 Little Foxes Run
Property#49802123150 Columbia, MD 21045
Nam Golds Presgrave _ 107 N. Kent St.
Property#49802 123 133 Winchester, VA 22601
Name Ronald Parish ll 306 Sleepy Woods Rd.
Property#49602 123 152 Cross Junction 22625
Name
Property#
B
12. Additional comments,if any:
I(we),the undemign4 do hereby reapectfWly make application and motion the gocming body
ofFre"ck County,Virginia to allow the use dwcnIW in this application. I undmftd that the
sign iesued tome whm this application is submitted must be placed at the fmt Foperty lime at
least Swon(7)days prior to the 1ftst public hearing and maintained so as to be visible until after
the Hoard of Supe W-wrs'public headn& Your application for a Conditional Use Permit
audwrim any member of the Fred Fick County Planning Commission,Board of Supervisor's
PlamlhW and,Development]D ent to inspect Your Proper Y whete the puposed tue will be
c�ducbed,
Signature of Applicant
Sig mwre ofow+ner
ovum,mawn AddreSa 201 ®arterjo Dr., Middletown, VA
Owners'Telephone N®. 540) 327-1953
USE ° DRQ
WAL DATE:
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REQUEST.li+'OR CONDITIONAL USE PERMIT COMMENTS
Nina Department of Transportation
a
1VIai1
------. ]Band deliver to:
Virginia Department of Transportation Virginia Department of Transportation
Attn:Resident Engineer Attn:Resident Engineer
14031 Old Valley pike 2275 Northwestern Pike
Edinburg, Virginia 22824 Winchester,Virginia 22603
The local office of the Transportation Department is located at 2275 Northwestern pipe in
Winchester if you prefer to hand deliver this form.
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:&-P—,A C h, t Telephone:
Mailing Address: 2 6 C i0i«,rne-1 4
Name of development and/or description of the request:
Location of Prop - E
p ct,C Do T1 4,t e' r a Ate!
LoT l {o
Virginia Department of Transportation Comments:
The application for a conditional use permit for this property is incomplete and in a
private su ivision. ere ore, as no com n s. _
+t0OT
VDOT Signature&Date:NoPlease Return lorm.to Applicant
10
REQUEST FOR CONDITIONAL USE PERAHT COM1VI NTN
Frederick County Fire Marshall
M9 tom: artd cleliveto
Frederick County Fire Max" Frederick County Fire&Rescue Deg,
1800 Coverstone Drive Attn:Fire Marshal
Winchester,Virginia 22602 Public Safety Building
(510)665-6350 1800 Covetstone Drive
Winchester,Virginia
Applicant:It is your responsibility to complete this fordo as accurately as possible in order to assist theagency with their review. Also,please attach two(2)copies of your$pplirati s form,location map and
ellMherpmftantinfa cm,
Telephone: (M)
Mailing Address: 201 Dartarjo Dr.
Middletown,vA 2zsas
Name of development and/or description of the request:
0p'TetecommunImttons tower on property owners fat
Location of Property:
Darkwood Trail in Shawnee land
Fire Marshal's Comments; — {
g�r
Fire Marshal7s Signature&Date: _ S- -� _ {
Notice to Dire Marshal-Please Return This Porro to the AppUcant
PLANS
RC�YjEU
FIRE MAR HAt, FREDERICK COUNTY
4 Frederick County Fire and Rescue Department
Office of the Fire Marshal
108D Coverstone Drive
Winchester,VA 22602
Phone:540-666-6350 Fax-.540-678-4739
fmo@fcva.us
Plan Review
Conditional Use
Status: Approved
Main Contact
Darin Heckman
Darkwood Trai!
Darkwood Trail
Winchester,Virginia 22602
Phone:540-327.1953
Printed Data:05/05/2020
'General Information
Received Dater 05101/2020 Occupancy Type:
Review Begin Date: 05/05/2020 Property Use:
Review End Date: 05/0512020 Activity Number: 106BJ002
Hours: 0.5000
�Acfivity Details
Project Name 80'Telecommunications Tower
40.4 �
Adam Hounshell
Lieutenant/Assislant Fire Marshal
Page 1 of 1
RECEIVED
AWAY 21 2020
REQUEST FOR CONDITIONAL USE PERFMed�n�9c� NTS
Frederick County Inspections Department
Mail to: Hand deliver to:
Frederick County Inspections Department Frederick County Inspections Department
107 North Kent Street,2'0 Floor Attn: Building Official
Winchester, Virginia 22601 107 North Kent Street.2"d Floor
(540) 665-5650 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: Darin Hockman Telephone: (540)327-1953
Mailing Address: 241 Darter#o Dr.
Middletown,VA 22645
Name of development and/or description of the request:
ft';Telecommunications tower on property owners lot
Location of Property:
Darkwood Trail in Shawnee Land
Building Official's Comments:
I� !
Building Official's Signature&Date._ / (�- ". ��r '
Notice to Inspections Department-Please Return This Form to the Applicant
12
Conditional Use Pennit for installation ref a communication tower shall be designed per the 20 3 5
Virginia Building;Code(VBC), 1.J-Utility Use Group.
Tower installation requires permits. Plans submitted for pen-nits 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, PCC and EPS,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:ISite PIan comnents12015TUP Tower Private.doc
REQUEST FOR GUNDMONAL USE PR.Umrr 4coA ENI"S
Winchester Regiunol Airport
to. op
Winchester Regional Airpoit g ��
Agin:Executive Dit�tor Winchester Regional Airport
491 Airport Road Atte:Executive Director
Wimchestcr,Virginia 22602 491 Airport Egad
(540)662-2422 (Rt.645,off of Rt.522 South)
'Winchester,Virginia
-.. �tr it is ottc responsibility�.
agency Y . Also,ty to complete this fort as accurately as possible in order to assist the
with their review. Also,pleases h two(2)copies nfyour applioadon forn,4 ortnmp mid
Applicant's Risme: e)ann Mocionan Telephone: F"01 aamoss
Mailing A 201 Oarterio Dr.
Mtddlemm,VA 225
N=e ofdevelopment and/or description of the request:
S.tN Telemmmurdcatbos wwor on prop" lot
Location.of Property;
QvkwOOd Trac!In Shawnee Larld
FW11mckefterport COMMents:
f
ort-Signature&Date: .:"".—�-�nchester Regional Airport M Please e#rarn Form to Applicant
16