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HomeMy WebLinkAbout03-13 BOS Staff Report - AugustCONDITIONAL USE PERMIT #03-13 VERIZON WIRELESS AND BERTHA McILWEE TRUST Staff Report for the Board of Supervisors Prepared: July 29, 2013 Staff Contact: Mark R. 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: 07/17/13 Recommended approval Board of Supervisors: 08/14/13 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to enable the construction of a 195-foot, Monopole Telecommunications Facility. 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. Following the requisite 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 #03-13 Verizon Wireless July 29, 2013 LOCATION: This property is located at 2250 Back Mountain Road (Route 600). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 49-A-28 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Residential/Vacant East: RA (Rural Areas) Land Use: Residential/Vacant West: R-5 (Residential Recreational Community) Land Use: Residential PROPOSED USE: This application is for a 195 foot Monopole-Type Commercial Telecommunication Tower and Equipment Shelter. REVIEW EVALUATIONS: Virginia Department of Transportation: Site is served by a private street network and therefore, VDOT has no comments. Frederick County Inspections: Structure shall comply with The Virginia Uniform Statewide Building Code and Sections 312, use group U (Utility and Miscellaneous) of The International Building Code 2009. Per the Sections 102.3 of the Virginia Uniform Statewide Building Code, 2009 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 rights-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. Construction of Pre Engineered shelter requires a building permit. Plans submitted shall be sealed by a Virginia Registered Design Professional. Fencing greater than 6’ in height requires a building permit. Page 3 CUP #03-13 Verizon Wireless July 29, 2013 Winchester Regional Airport: Please see attached letter dated April 15, 2013, signed by Serena R. Manuel, Executive Director. Historic Resources Advisory Board: Please see attached letter dated May 31, 2013, signed by Candice Perkins, Senior Planner. Planning and Zoning: The 2030 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 property identified within the Comprehensive Plan as the Shawnee Land/North Mountain Rural Community Center. This area is to remain rural and is not part of any current land use study. 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 RA (Rural Areas) and R-5 (Residential Recreational) Zoning District. The applicant has applied for a CUP for a 195 foot monopole-type commercial telecommunications facility on a 218± acre property, with the nearest property and dwelling being approximately 260 feet from this facility. A register Virginia engineer shall provide 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. The setbacks for this proposed commercial telecommunication facility will be approximately 260 feet from the road right-of-way, greater than 1,000 feet from the right and left property line and 15,000 feet from rear property line. 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 values. The Frederick County Historic Resources Advisory Board (HRAB) via the Frederick County Rural Landmarks Survey Report, has identified three potentially significant structures within the immediate area of the subject site; one of the structures is located on-site. (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. Staff has identified a possible collocation site within a two (2) mile radius of this proposed site. Therefore, the applicant should be prepared to Page 4 CUP #03-13 Verizon Wireless July 29, 2013 demonstrate that this proposed use is appropriate to provide satisfactory coverage in this area of the County. 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 07/13/13 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. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. PLANNING COMMISSION SUMMARY & ACTION OF THE 7/17/13 MEETING: The staff reported the HRAB had identified three potentially significant structures within the immediate area of the subject site and one of the structures was located on this site. The HRAB requested the applicant prepare a detailed Preliminary Information Form (PIF) for the subject property, but should also consider a PIF for the surrounding area because this could be a potential Rural Historic District. Staff noted the PIF had not yet been submitted and was not within the Commission’s agenda packet. The Planning Commission Chairman commented that the required letter from the engineer addressing tower circumference and collapse zone was also not included within the agenda packet. The applicant’s representative stated the PIF is being developed and would be submitted to the staff prior to the Board of Supervisors’ meeting. The applicant stated they were at exactly half the height of the tower from the property line and not required to submit an engineer’s letter. However, Verizon typically shows the collapse zone, regardless of the setback, and will provide that information for the Commission. Page 5 CUP #03-13 Verizon Wireless July 29, 2013 One person came forward during the public comment portion of the hearing to speak. Mr. Hugh VanMeter, Chairman of the Shawneeland Advisory Committee, requested a copy of the Verizon information packet and a second copy for the Shawneeland Manager. A motion was made, seconded, and unanimously passed to recommend approval of this CUP with the submission of the PIF requested by the HRAB, along with the submission of information addressing tower circumference and collapse zone, and with 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 12 months of abandonment of operation. 5. In the event a telecommunications tower is not erected within 12 months of the approval of the conditional use permit, the conditional use permit will be deemed invalid. 6. Any expansion or modification of this use will require a new conditional use permit. (Note: Commissioner Crockett was absent from the meeting.) Following the required public meeting, 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.