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HomeMy WebLinkAbout01-17 BOS Staff Report - MayCONDITIONAL USE PERMIT #01-17 Bowman Library- 871 Tasker Road Shenandoah Mobile LLC Staff Report for the Board of Supervisors Prepared: May 12, 2017 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: 03/01/17 Public Hearing Held; Denied Board of Supervisors: 04/12/17 Public Hearing Held; Tabled 30 Days Board of Supervisors: 05/24/17 Pending EXECUTIVE SUMMARY & CONCLUSION FOR THE 05/24/17 BOARD OF SUPERVISORS MEETING: [Materials received from the Applicant and from citizens, at the public hearings and since the filing of the application, are available separately from this staff report]. This is a request for a Conditional Use Permit to enable the construction of a 165-foot Monopole-Type Commercial Telecommunications Facility. 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 co-locating 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. All antennas will be flush mounted to the tower. 6. The tower will be painted brown. 7. The tower will not be lighted. 8. 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. Page 2 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 9. 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 setback reduction of 43’ to allow the tower to be 127’ from the identified property would be appropriate. 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. LOCATION: This property is located at 871 Tasker Road, Stephens City, Virginia. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75B-A-1 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Library ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Open Space West: RP (Residential Performance) Use: Vacant PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of a 165-foot Monopole-Type Commercial Telecommunications Facility (original request – 195 feet). REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a site plan for this property appears to have little measurable impact on Route 642, the VDOT facility which would provide access to the property. Present entrance is adequate for the proposed improvements. Should business ever expand in the future, entrance may need to be upgraded. 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 Page 3 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 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. Construction of the structural slab requires a building permit. Plans submitted shall be sealed by a Virginia Registered Design Professional. 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 no objection to this project since no wells or septic systems will be affected by this addition to 75B-A-1. Frederick County Sanitation Authority: Approved as noted (2) Items. Frederick County Fire Marshall: Please see attached email from Barbara Johnson, Secretary, Fire & Rescue dated January 18, 2017. City of Winchester: No comments. Winchester Regional Airport: Please see attached letter from Serena Manuel, Executive Director dated January 23, 2017. Planning and Zoning: The 2035 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) provides guidance when considering an y land use action. This proposed 165-foot (previously 195-foot) monopole-type commercial telecommunication facility is located on a 16+/- acre property that is zoned RP (Residential Performance) District. The property is located within the UDA and SWSA as identified within the Comprehensive Plan, and is located within the Southern Frederick Area Plan. These plans identify this area to remain residential in character. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in Page 4 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 the RP (Residential Performance) Zoning District with an approved Conditional Use Permit (CUP). The properties immediately adjacent to this proposed Conditional Use Permit (CUP) are currently zoned RP (Residential Performance) 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 co- locate on an existing telecommunication facility, and possible co-location structures. The Applicant has provided an inventory of existing telecommunication facilities, and no other telecommunication facility or possible co-location 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: (See updated waiver information on page 8 of report). This proposed telecommunication tower is required to be setback from the property line 200’. (tower is 195’ in height and the RP Zoning District height maximum is 45’, 195’- 45’ = 150’). The normal setback (50’) per RP Zoning District plus one foot for every foot over the maximum height of the district (45’) this telecommunication tower is 150’ higher than is allowed in the district (50’+150’= 200’). The site plan notes this tower at 127’ from the property line and the setbacks cannot be met. The property adjacent to the setback waiver request is open space and adjacent to the lake. The Applicant is requesting a waiver to reduce the required setback as set forth in Section 165 - 204.19 of the zoning ordinance. 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 73’ setback reduction. (200’-127’=73’). STAFF CONCLUSIONS FOR THE 03/01/17 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 co-locating personal wireless services providers. Page 5 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 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 73’ to allow the tower to be 127’ from the identified property would be appropriate. PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/01/17 MEETING: Staff reported this proposed 195 foot monopole-type commercial telecommunication facility is located on a 16+/- acre property that is zoned RP (Residential Performance) District. Mr. Cheran continued the property is located within the UDA and SWSA as identified within the Comprehensive Plan, and is located within the Southern Frederick Area Plan. Staff noted these plans identify this area to remain residential in character. Staff explained the Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RP (Residential Performance) Zoning District with an approved Conditional Use Permit (CUP). Staff reported the Applicant is requesting a waiver to reduce the required setback as permitted by the Zoning Ordinance and should this waiver be granted, the result will be a 73’ setback reduction. He noted this proposed telecommunication tower is required to be setback from the property line 200 ’. Staff presented a location map of the property and the site of the pole. Staff concluded should the Planning Commission find this use appropriate, Staff recommends the following conditions: 1. All review agency comments shall be complied with at all times. 2. The tower shall be available for co-locating 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. Page 6 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 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 of change of use shall require a new Conditional Use Permit. Staff noted, in addition should the Planning Commission find the waiver to the required setback acceptable; a motion to recommend approval of setback reduction of 73’ to allow the tower to be 127’ from the identified property would be appropriate. Commissioner Unger asked what the reason was that the Applicant is in need of a waiver. Staff explained the site for the tower is close to the property line. Mr. Ed Donahue, local counsel for Shentel came forward. He noted Lynn Koerner would be explaining the site acquisition process, and the setback waiver. Mr. Donahue also mentioned Mr. Chris Sahr of Shentel who is a senior RF (radio frequency) engineer will explain the propagation maps, the need, and how the site fits within the network. Mr. Lynn Koerner, site acquisition consultant with Shentel came forward. Mr. Koerner began by giving a brief overview of how Shentel decided on this location. Mr. Koerner presented mapping that reflected the existing tower sites closest to the target area which included: Sherando High School, the old Armel School on Route 522 South, Hockman property, and the Exxon Station at Stephens City. He noted the objective is to get a tower in the middle which will off load the other sites and provide the necessary coverage in the middle of the area. Mr. Koerner continued the water tank at FCSA was looked at as a possible location; however there is an installation on the water tank; the option to rebuild this installation will not work for this project after extensive testing has been completed. Mr. Koerner reported another site that was considered was the CVS/Handy Mart at the intersection of Tasker Road and Warrior Drive; it was determined this location was not tall enough to place antennas high enough to clear the trees to provide the necessary coverage. After discussions with Frederick County, a site was considered for Sherando Park; however that site was determined to not be feasible for this project. Mr. Koerner stated a property on Land Grant Lane was looked at and the property owner is in the process of planning to build a home in the spot the tower would need to be placed. Mr. Koerner noted they also spoke with FCSA in regards to the location at Lakeside Drive and the collection pond which was also not feasible due to a deed restriction; and the owners are not interested in leasing the property across for the library. Mr. Koerner reported after exhausting all the mentioned sites he then approached Frederick County and formally asked if the County would be interested in leasing the property at the Bowman Library; a le ase was negotiated and presented to the Board of Supervisors. Mr. Koerner continued balloon testing was completed on the site at which time he presented various photos of the proposed tower from different locations where it would be visible. Mr. Koerner reported a community meeting was held on January 17, 2017 at the Bowman Library which resulted in very good discussion. In regards to Commissioner Unger’s question why it is being moved back; Mr. Koerner explained between where the proposed tower site is and the fence there is a sanitary line that goes through the area that they want to make sure remains protected. Page 7 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 A Commission Member inquired is this tower to improve service or provide service. Mr. Koerner noted he would let Mr. Chris Sahr address that question. Commission Member Thomas noted the topography slopes in that area towards Lakeside Drive, therefore the waiver is from the rear property line in an unoccupied area; on the eastern side towards Lakeside Drive should the tower ever collapse would there be provisions or insurance from the engineer that it would not end up falling on Lakeside Drive or rolling into Lakeside Drive with a monopole tower that would have the ability to go down the slope. Mr. Koerner explained the engineer report that has been provided with the application notes the tower will be designed to collapse within about 73’. The Commission Member noted that is part of his concern, and will there be a barrier to keep it from rolling to Lakeside Drive should it collapse. Mr. Koerner stated a barrier is not being designed at this time however that can be addressed and research will be done if necessary. A Commission Member inquired was the feedback at the community meeting positive/negative. Mr. Koerner noted there were comments regarding health effects, the eco system, and real estate values. Mr. Chris Sahr, a radio frequency engineer for Shentel came forward to speak as to why Shentel would like to put a tower at the Bowman Library. Mr. Sahr presented mapping depicting each Shentel customer as of 2015 in the Lakeside area. He noted there are quite a few customers in this area in need of improved service and it is a concentrated area. He noted the goal of Shentel is to improve service in this area and by placing the tower at the Bowman Library it would improve the service to over 2,000 customers in the localized area. Mr. Donahue commented regarding the community meeting; evidence supports there are no real effects on property values when placing a tower. He shared information that the FCC provided and Shentel must be in compliance at all times. There were eight citizens that came forward to speak during the Public Hearing. Some of the concerns voiced were: ill health impacts, eco-system hazards, safety hazards should the tower collapse, an eye sore in the community, and property values. The Chairman commented there are a number of things involved with this application and the Planning Commission has a specific layer of it and it’s their job to find out whether o r not this proposal meets the requirements of the telecommunication laws and the other is to determine if this is a good land use. Mr. Ed Donahue addressed the title/deed issue; this has been answered and satisfied with the County Attorney. He noted environmental test have been performed and came back clean. A Commission Member reminded the Planning Commission to keep in mind the Commissions responsibility is to determine whether from a land use planning perspective particular uses are suitable to the County’s Comprehensive Plan. He noted cell towers have been controversial in the past and due to demands we need to have them. He asked everyone to look at our Comprehensive Plan, Ordinances, Zoning requirements, and determine if this particular use is compliant with our other ordinances and uses in the area. Page 8 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 A Commission Member commented ownership aside, land use compatibility is an issue and we have an obligation to be sure that where these facilities are placed “fit” within the broader community. He continued this tower is right in the heart of a residential area and near a prominent public site. He noted he understands the reasoning of Shentel however he views this as an incompatible use at this location. A Commission Member made a motion to recommend approval; there was not a second to the motion. A motion was made, seconded, and passed to recommend denial of CUP #01-17 Bowman Library- Shenandoah Mobile LLC. Absent: Oates, Ambrogi, Manuel YES: 9 Members NO: 1 Member ACTIONS SINCE THE PLANNING COMMISSION 03/01/17 MEETING: The Applicant met with Staff to mitigate and modify the conditions of this CUP in an effort to address the adjoining property owners concerns. These modifications include: Lowering the mono-type tower from 195’ to 165’ in height, making all antennas flash mounted to the tower, painting the tower brown, and not be lighted (See attachments) Waiver: (Updated) This proposed 165’ telecommunication tower is required to be setback from the property line 127’ (tower is 165’ in height and the RP Zoning District height maximum is 45’, 165’- 45’ = 120’). The normal setback (50’) per RP Zoning District plus one foot for every foot over the maximum height of the district (45’) this telecommunication 120’ higher than is allowed in the district (50’+120’= 170’). The site plan notes this tower at 127’ from the property line and the setbacks cannot be met. The property adjacent to the setback waiver request is open space adjacent to the lake. The Applicant is requesting a waiver to reduce the required setback as set forth in Section 165 - 204.19 of the zoning ordinance. 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 43’ setback reduction (170’-127’=43’). CONCLUSION FOR THE 04/12/17 BOARD OF SUPERVISORS MEETING: Should the Board of Supervisors find this use for a 165 ft. Commercial Telecommunications Facility to be 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 co-locating personal wireless services providers. Page 9 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 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. All antennas will be flushed-mounted to the tower. 6. The tower will be painted brown. 7. The tower will not be lighted. 8. 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. 9. 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 setback reduction of 43’ to allow the tower to be 127’ from the identified property would be appropriate. BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 04/12/17 MEETING: No action was taken at the 04/12/17 Board of Supervisors meeting. The Board of Supervisors tabled 30 days. In addition, the Board of Supervisors allowed for the public hearing to continue at the 05/24/17 meeting. CONCLUSION FOR THE 05/24/17 BOARD OF SUPERVISORS MEETING: [Materials received from the Applicant and from citizens, at the public hearings and since the filing of the application, are available separately from this staff report]. This is a request for a Conditional Use Permit to enable the construction of a 165 -foot Monopole-Type Commercial Telecommunications Facility. 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 co-locating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. Page 10 CUP #01-17, Bowman Library-Shenandoah Mobile May 12, 2017 4. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 5. All antennas will be flush mounted to the tower. 6. The tower will be painted brown. 7. The tower will not be lighted. 8. 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. 9. 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 setback reduction of 43’ to allow the tow er to be 127’ from the identified property would be appropriate. 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.