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Home My WebLink About01-17 PC Staff ReportCONDITIONAL USE PERMIT #01-17 Bowman Library- 871 Tasker Road Shenandoah Mobile LLC Staff Report for the Planning Commission Prepared: February 17, 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 Pending Board of Supervisors: 04/12/17 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to enable the construction of a 195-foot Monopole-Type Commercial Telecommunications Facility. 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. 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. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #01-17, Bowman Library-Shenandoah Mobile February 17, 2017 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 195-foot Monopole-Type Commercial Telecommunications Facility. 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 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 #01-17, Bowman Library-Shenandoah Mobile February 17, 2017 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 any land use action. This proposed 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 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 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. Page 4 CUP #01-17, Bowman Library-Shenandoah Mobile February 17, 2017 Waiver: This proposed telecommunication tower is required to be setback from the property line 127 ft. (tower is 195 ft. 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 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 adjacent to the lake. The Applicant is requesting a waiver to reduce the required setback as set fort h 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 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 73’ to allow the tower to be 127’ from the identified property would be appropriate. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.