HomeMy WebLinkAbout022-20 (CUP07-20DarinHockman) ypWAS
ORDINANCE
17]n
Action:
PLANNING COMMISSION: August 19, 2020 Public Hearing Held,Recommended Approval
BOARD OF SUPERVISORS: Se tember 9, 2020 Ap2roved e
ORDINANCE
CONDITIONAL USE PERMIT#07-20
DARIN HOCKMAN
WHEREAS, CONDITIONAL USE PERMIT APPLICATION ##07-20 was submitted by Darin
Hocklman to construct a commercial telecommunication facility consisting of a 100-foot
telecommunication tower was considered. The property is located at 201 Darterjo .Drive, Middletown,
Virginia and is further identified with Property Identification Number 84-A-27J in the Back Creek
Magisterial District; and
WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use
Permit on August 19, 2020 and recommended approval of this Conditional Use Permit; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional
Use Pennit 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 map to reflect that
Conditional Use Permit 407-20 for a commercial telecommunication facility consisting of a 100-foot
telecommunication tower on the parcel identified with Property Identification Number 84-A-27J 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(I 2)months of
abandonment of operation.
4. Any expansion or modification of this use will require a new Conditional Use Permit.
This ordinance shall be in effect on the date of adoption, Passed this 91"day of September 2020 by the
following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Shawn L, Graber Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
Gene E. Fisher Aye Judith McCann-Slaughter Aye
Blaine P. Dunn
A COPY ATTEST
Kris C. ierne
Frederick County Administrator
PDRes #26-20
BOS Res. #022-20
1c COG CONDITIONAL USE PERMIT#07-20
Darin Hockman-Commercial Telecommunication Facility
Staff Report for the Board of Supervisors
Prepared: August 27,2020
-j;� 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 there 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 a 100-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 flower 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, 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#07-20 Darin Hockman
August 27, 2020
LOCATION: This property is located at 201 Darterjo Drive, Middletown, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 84-A-27T
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.
Page 3
CUP##07-20 Darin Hockman
August 27, 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 0811.9/20 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
PLANNING COMMISSION SUMMARY AND ACTION FOR THE 08/1.9120 MEETING:
Mark R. Cheran, Zoning & Subdivision Administrator reported, this is a request for a
Conditional Use Permit (CUP) to construct a 100' commercial telecommunication facility for
internet wireless communication. He continued, the property is located at 201 Darterjo Drive,
Middletown and is zoned RA (Rural Areas) District and consists of 9.56+/- acres, it is located
within the Back Creek Magisterial District. He noted, the current land use is vacant and
Page 4
CUP #07-20 Darin Hockman
August 27, 2020
surrounding land uses are residential and vacant; the Comprehensive Plan identifies this area of
the County to remain rural in natures and is not part of any current land use study. Mr. Cheran
explained,this CUP has been applied for in response to a complaint regarding the construction of
a 100-foot lattice commercial telecommunication facility on this property without an approved
CUP. He continued, the Zoning Ordinance allows for commercial telecommunication facilities
in the RA Zoning District with an approve CUP. Mr. Cheran 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 intemet wireless communication needs. He
shared a location snap of the property. Mr. Cheran presented the conditions recommended by
Staff.
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.
Commissioner Thomas requested clarification as to the adjacent property owners; the list has one
name, does that person own all the surrounding property. Mr. Cheran replied that is correct.
Upon motion made by Commissioner Jewell and seconded by Commissioner Marston and
unanimously passed to recommend approval of CUP#07-20 for Darin Hockman.
Following thispublic 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 # 07 - 20: Darin Hockman
PIN: 84 - A - 27J
Commercial Telecommunication Facility
Zoning Map
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Winchester,VA 22601
540-665-5651
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CUP # 07 - 20: Darin Hockman
PIN: 84 - A - 27J
Commercial Telecommunication Facility
Location Map
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Submittal Deadline
P/C Meeting
BOS Meeting 0
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY,VIRGINIA
1. Applicant(check one): Property Owner _ Other
NAME: Darin Hockman
ADDRESS: 201 Darterio Dr.
TELEPHONE: (540)327-1953
2_ Please list all owners,occupants,or parties in interest of the property:
Darin Hockman
3. The property is located at:(please give exact directions and include the route number of
your road or street)
201 Darterjo Rd.
Route 11,go west on Klines Mill Rd.,roughly 1.5 miles to Darterjo Dr.on left, once on Darlarp Dr.go to end of culdesac
and 201 is located on the left
4. The property has a road frontage of MIA feet and a depth of 973 feet and
consists of 10 acres.(Please be exact)
5. The property is owned by Darin Hockman 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 Identification Number(P.I.N.)84 A 27D
Magisterial District Back Creek
Current Zoning RA
5
7. Adjoining Property:
USE ZONING
North Field owned by property owner
East Field owned by property owner
South Field owned by Martin Monk
West Structure owned by property owner
S. The type of use proposed is(consult with the Planning Dept.before completing):
Telecommunications tower for coral broadband
9. It is proposed that the following buildings will be constructed:
00"W Telecommunications Tower
I0. The following are all of the individuals, firms, or corporations owning property
adjacent to both sides and rear and in front of(across street from) the property
where the requested use will be conducted. (Continue on back if necessary.)
These people will be notified by mail of this a lication:
Name and Property Identification Number Address
Name Martin Monk P.O. Box 223
Property#84 A 23 Middletown, VA 22645
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
6
I Cwe,,,the,urx&xsigaed;do hereby respectfully make rxpplieado:t enLl f edtjpxt the gc:re,*ni�g body
Frecle�ic ougtl's 7�rg;nis tc allow the use dmeribed in this aopiicatiou. I undersisntl that the
sign issued to me when this application is subutitted must be placed at the;Tont proper l e at
;east seven(i}days Pr-'Or tO the-tst public hearing and mahitaieed so as to be visible;until after
the l3aatd of Szper r so =pulslM s tag. Your application for a Crn itloaal use Pon-nit
atttftori. s any c ter�ber or th e e. ick County Pian ing ic;rr�=ss crs,Hca d of Supee�rlsora or
Planning and L'Wvelc sn�erca D arun t to inspect your ropy rty vv c e;1tP roposec use v ill be
conducted.
E r of Applicam
SignatLum ro ovna.tsx
Cwnem"h(ailinpAddress 201 Darte_rjo Drs, Middletown, VA
(540) 327-1953 ---
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DATE:
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REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Virginia Department of Transportation
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Man to: Hand deliver to:
Virginia Department of Transportation Virginia Department of Transportation
Attn:Resident Engineer Attn:Resident Engineer
14031 OId Valley Pike 2275 Northwestern Pike
Edinburg,Virginia 22824 Winchester,Virginia 22603
The local office of the Transportation Department is located at 2275 Northwestern Pike 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: Darin Hackman Telephone: (540)327-1953
Mailing Address: 201 Daftrjo or,
Middletown,VA 22645
Name of development and/or description of the request:
100'Teleoommunleations tower on property owners lot
Location of Property:
201 Darterjo Dr.
Middletown,VA 22645
Virginia Department of Transportation Comments:
The application for a conditional use permit for this property appears to have little measurable impa t
identified for a low-volume commercial entrance,on Route 2653. The entrance will need to meet VDe ,
eed
be reviewed,to determine if additional improvements may be required.
VDOT Signature&Date: f � m ��� X
Notice to V OT-Please Return Form to Applicant
10
REQUIST FOR CONDITIONAL USE PEt{iVtl't COAOIE1` TS
5
1 .
Frederick,County Fire Marshal
Mail.to: ,Hand deliver to:
Frederick County Fire Marshal Frederick County.Fire&Rescue Dept.
1800 Coverstone Drive Attn:Fire Marshal
Winchester,Virginia 22602 Public Safety Building
(540)665-6350 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: Darin Hockman _-__----- Telephone: (540)327-1953
Mailing Address: 201 Dartarjo Dr. -
Middletown,VA 22845
Name of development and/or description of the request:
1 00'Telemmmunio0ons tower on property owners lot
Location of Property:
201 Darterjo Dr.
-1-6dietown,VA 22648___
Fire Marshal's Comments:
Fire Marshal's Signature&Date: ,�;�✓r"` �s_ �' " ---
f
Notice to Fire Marshal-Please Reftr>a This Form to the Applicant
11
FIRE FAA P AN APPRpy,�ED
FREDERICK COUNTY
Frederick County Fire and Rescue Department
Office of the Fire Marshal
1080 Coverstone Drive
�T x
Winchester,VA 22642
•} F* Phone:540-665-6350 Fax:540-6764739
_} ;•. ,,r ry fmoGfcva.us
Dian Review
Conditional use�.���_..�
Status: Approved
Main Cantle
Darin Hockman
201 Darterjo Dr
Middletown,Virginia 22645
Phone: 540-327-1953
Printed Date:05/0512020
General Information
Received Date. 05/01/2020 Occupancy Type:
Review Begin Date: 06/05/2020 Property Use:
Review End Date: 05/05/2020 Activity Number: 105$.1001
Hours: 0.5000
,Activity Details
Project Name 100'Telecornmunications Tower
Adam Hounshell
Lieutanant/Assistant Fire Marshal
Page 1,6f 1
RECEIVED
MAY 21 2020
t-recler[ctc Count •�.
REQUEST FOR COINDITIONA,IYOS hgVIE "1'S 4
Frederick
County Inspections Department
Mail to: Hand deliver to: y
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"`r 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 Naine: Darin Hockmar Telephone: (540)327.1953 ----
Mailing Address: 201 oarterjo Dr,
MiddEe#own,VA 22645
Name of development and,-or description of the request:
100'Telecommunications tower on property owners lot
Location of Property:
201 Darterjo Dr.
Middletown,VA 22645
Building Official's Comments:
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LC]�71E11C�11-� f� 4x r�•� '`�\_[ 1-1r+ t'. t.( ~~� ,
Building Official's Signature&Date:
Notice to Inspections Department-Please Return This Form to the Applicant
12
Conditional Use Permit for installation of a communication tower shall be designed per the 2015
Virginia Building Code(VBC), U-Utility Use Croup.
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 y
. Tower shall be equipped with climbing and
privately owned property without written consentan
working facilities in compliance with T1A-222. Access to the tower sites shall be limited as
required by applicable OSHA. FCC and BPA 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:1Site Plan comments120151CUP Tower Private.doc
REQUEST FOR CONDITIONAL UST PERMI I"COMMjRNT 4
Winchester R%4onal Airport
IN
k
Winchester Regional Airport Ilv -
Attn:Executive Director Winchester Regional Airport
491 Airport Rosh Attn:Executive Director
Winchester,Virginia 22602 491 Airport Road
(340)662-2422 (Rt.645,Off of Rt.522 South)
. Winchester,Virgitua
Applicant:It is your responsibility to cornple4e this form as accurately as passible in order to
a8 with nn im. Ala%plane,attach td(2)c i�of assist tiro
mfcnalcm. °p Y aeon ,location map and
Applicant's Name: tMdn fiwkmn
Telephone. (840)aV-1951i
Mailing Address: 201 Dnrierjo or, r►tici�`i o� �� Yr�q►rri+�.1; C a gin►►
Name of&VOlopment and/or description ofthe request:
iaa"rateoo�nmunls tower an properly'awnere lot
Location of property.
21}1 Darto o Dr.
Ntkddetawn.VA 22946
Winebetrter Regional Airport Comments:
Winchester Regional Airport-Si '
p gnatrire&nate:
Notice to Winchester /
Rqioital Airport-P1easRetuen Form to Applicant
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