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HomeMy WebLinkAbout03-16 BOS Staff Report CONDITIONAL USE PERMIT #03-16 Cellco Partnership d/b/a Verizon Wireless Staff Report for the Board of Supervisors Prepared: July 14, 2016 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: 06/15/16 Public Hearing Held: Recommended Approval Board of Supervisors: 07/27/16 Pending EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION FOR THE 07/27/16 MEETING: This is a request for a Conditional Use Permit to enable the construction of a 150-foot, Monopole Telecommunications Facility with a 50 x 50 foot equipment compound and setback waiver. 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. 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. The Planning Commission recommended approval of the Conditional Use Permit #03-16. In addition a motion was made, seconded, and passed by majority to recommend approval of the setback waiver for Verizon Wireless. Should the Board of Supervisors find the waiver to the required setback is acceptable; a motion to recommend approval of setback reduction of 65’ to allow the tower to be 100’ from the identified property would be appropriate. Page 2 CUP #03-16, Cellco Partnership d/b/a Verizon Wireless July 14, 2016 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 143 Greenwood Road MAGISTERIAL DISTRICT: Redbud PROPERTY ID NUMBER: 55-A-79 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Church ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) Use: Motorcycle Dealer South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of a 150-foot, Monopole Telecommunications Facility with a 50 x 50 foot equipment compound. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a site plan for this property appears to have little measurable impact on Route 656, 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. Page 3 CUP #03-16, Cellco Partnership d/b/a Verizon Wireless July 14, 2016 Section 102.3 VUSBC exempts equipment, related wiring, and poles and tower 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 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. Prefabricated shelters/canopy exceeding 150 sq. ft. 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.). Soil investigations/testing is required due to the potential sink holes located on site prior to placement of concrete slap. Winchester-Frederick County Health Department: The Frederick County Health Department has no objection to this project since no existing well or onsite sewage disposal system sites will be affected by the construction. Frederick County Sanitation Authority: The request would not require service from FCSA. FCSA offers no additional comments. Frederick County Fire Marshall: Plans approved. City of Winchester: No comments. Winchester Regional Airport: Please see attached letter from Serena Manuel, Executive Director dated March 2, 2016. Frederick County HRAB Comments: Please see attached letter from Candice Perkins, Assistant Director dated May 24, 2016. Planning and Zoning: The 2030 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering any land use action. This proposed 150-foot monopole-type commercial telecommunication facility is located on a 22.6 +/- acre property that is zoned RA (Rural Areas). The property is located within the UDA and SWSA as identified within the Comprehensive Plan, and is located within the Senseny Road/ Eastern Frederick Area Plan. These plans identify this area to remain residential in character. This Page 4 CUP #03-16, Cellco Partnership d/b/a Verizon Wireless July 14, 2016 proposed site is located within the vicinity of the Third Battle Field of Winchester area. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RA (Rural Areas) 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. The Frederick County Historic Resources Advisory Board (HRAB) h as reviewed this proposed use in relationship to its location within the Third Battle Field of Winchester area. (See HRAB comments.) 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: This proposed telecommunication tower is required to be setback from the property line 165 ft. (tower is 150 ft. in height the RA Zoning District height maximum is 35’, 150’-35’ = 115’) The normal setback (50’) per RA Zoning District plus one foot for every foot over the maximum height of the district (35’) this telecommunication 115’ higher than is allowed in the district (50’+115’= 165’). The site plan notes this tower at 100’ from the property line and the setbacks cannot be met. 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 65 foot setback reduction. (165’-100’=65’). STAFF CONCLUSIONS FOR THE 06/15/16 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 #03-16, Cellco Partnership d/b/a Verizon Wireless July 14, 2016 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 65’ to allow the tower to be 100’ from the identified property would be appropriate. PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/15/16 MEETING: Staff reported this is a request to enable construction of a 150’ monopole telecommunications facility with a 50’ x 50’ equipment compound and setback waiver. Staff continued the property is currently zoned RA (Rural Areas) District and the surrounding properties are RP (Residential Performance) District with the exception of the property to the north which is B2 (General Business) District. Staff noted the property that is zoned B2 is the former location of Shenandoah Honda. Staff reported the Frederick County Zoning Ordinance allows for commercial telecommunications facilities in the RA (Rural Areas) Zoning District with an approved CUP (Conditional Use Permit) and this proposed 150’ monopole type commercial telecommunication facility is located on a 22.6 +/- acre parcel that is zoned RA. Staff continued the property is located within the UDA and SWSA as identified within the Comprehensive Plan and is located within the Senseny Road/Eastern Frederick Area Plan. Staff noted these plans identify this area is to remain residential in character and this proposed site is located within the vicinity of the Third Battlefield of Winchester area. Staff concluded the Applicant is requesting a waiver to reduce the required setback as set forth in Section 165-204.19 of the Frederick County Zoning Ordinance. Staff noted should this waiver be granted, the result would be a 65’ setback reduction. Staff presented the conditions of this CUP: Page 6 CUP #03-16, Cellco Partnership d/b/a Verizon Wireless July 14, 2016 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. Mr. Ed Donahue representing the Applicant, reported this application is a critical need for Verizon Wireless and it is a co-location site in which Shentel has expressed interest to locate on the property. A Commission Member inquired if the tower signals would interfere with typical household electronics. Mr. Donahue explained the tower cannot interfere due to FCC licensing and strict regulations. A Commission Member asked if Frederick County Public Schools have been contacted about locating the tower on their property. Mr. Donahue explained the school system was contacted in 2013 and showed little interest; in 2014 the Applicant was notified that Frederick County Public Schools was not interested in placing the tower on any of their properties. Anneke Tavenner of 103 Battlefield Drive came forward and explained she will be able to view the tower from her home and is concerned it will decrease the value of her property. She noted she would like clarification on the setback waiver. James Tavenner of 103 Battlefield Drive also requested clarification on the setback waiver and would like to have the location pinpointed. Mr. Kabat Gowdy on behalf of the Applicant explained the setback requirement. He reported the normal height restriction is 35’ and anything above that requires a one to one setback; this pole being 150’ would require an additional 115’ beyond the 35’. He continued this tower is intended to be setback 100’ therefore that is where the 65’ comes from. He concluded the Applicant is requesting a reduction of 65’ from what is normally required by the ordinance. Staff noted a picture of the site plan is in the agenda package and can be shared with the adjoining property owners to clarify the location of the tower. Page 7 CUP #03-16, Cellco Partnership d/b/a Verizon Wireless July 14, 2016 A Commission Member inquired what the diameter of the monopole is. Mr. Gowdy explained a monopole of this height is generally 7’ to 8’ in diameter at the base for a tapered pole. He noted the top of the pole could be 30-36 inches. A Commission Member noted the design of the pole must fall within the setback and is the Applicant confident of this. Mr. Gowdy explained these types of poles are pre-engineered to collapse within itself and he feels confident the setback will be met. A Commission Member asked if during the placement process the Applicant is using the topography to determine the location. Mr. Gowdy stated no; the section of this property where it is being placed is high and they would need a taller tower if it were put at a lower point. The Commission Member inquired what is the general area intended to be accommodated by the tower. Mr. Gowdy noted it is the area between Route 7 and I-81 that is experiencing problems. A Commission Member expressed his frustration with the school system not accepting the tower on one of their sites. Another Commission Member feels it is a missed opportunity for the schools and understands the application needs to move forward. The Planning Commission recommended approval of the Conditional Use Permit #03-16. In addition, a motion was made, seconded, and passed by majority to recommend approval of the setback waiver for Verizon Wireless. Absent: Dunlap, Triplett, Kenney CONCLUSION FOR THE 07/27/16 BOARD OF SUPERVISORS MEETING: 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. 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. Page 8 CUP #03-16, Cellco Partnership d/b/a Verizon Wireless July 14, 2016 6. Any expansion or modification of this use will require a new Conditional Use Permit. The Planning Commission recommended approval of the Conditional Use Permit #03-16. In addition, a motion was made, seconded, and passed by majority to recommend approval of the setback waiver for Verizon Wireless. Should the Board of Supervisors find the waiver to the required setback is acceptable; a motion to recommend approval of setback reduction of 65’ to allow the tower to be 100’ 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.