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Home My WebLink About10-11 BOS Staff ReportCONDITIONAL USE PERMIT #10-11 JOSEPH RACEY, SR. AND AT&T MOBILITY Staff Report for the Board of Supervisors Prepared: July 27, 2012 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 Planning Commission: 07/18/12 Recommended Approval Action Board of Supervisors: 08/08/12 Pending This is a request for a Conditional Use Permit to enable the construction of a 199 foot Monopole Telecommunications Facility with a 3,200 square foot equipment compound with an 11 foot 5 inch by 20 foot equipment shelter. EXECUTIVE SUMMARY: The Planning Commission, at its July 18, 2012 meeting, recommended approval to the Board of Supervisors with the condition that screening will be provided and maintained around the base of the tower and the fenced equipment compound and with the understanding that the Winchester Regional Airport will make the final decision regarding lighting for the top of the monopole . The Planning Commission would suggest the following additional 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 required 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 Conditional Use Permit #10-11 Joseph Racey, Sr., and AT&T Mobility July 27, 2012 LOCATION : This property is located at 3392 Back Mountain Road. MAGISTERIAL DISTRICT : Back Creek PROPERTY ID NUMBER : 59-A-6 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 East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Residential PROPOSED USE : This application is for a 199 foot Monopole Telecommunications Facility with a 3,200 square foot equipment compound with an 11 foot 5 inch by 20 foot equipment shelter. REVIEW EVALUATIONS : Virginia Department of Transportation: Please see attached letter dated July 1, 2011 from the Department of Transportation. Fire and Rescue: Requiring a key box to be installed for access. Plans approved. Inspections Department: Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, use group U (Utility and Miscellaneous) of The International Building Code 2009. The structure is required to comply with Chap. 15 & 16 of the IBC 2006 for structural load, as well as Section 3108 for Towers. Fencing greater than 6’ in height requires a building permit. The new 195’ tower shall be located and equipped with step bolts and ladders so as to provide ready access for inspection purposes. The tower shall not cross or encroach upon any street or other public space, or encroach upon any privately owned property without written consent of the owner of the encroached-upon property. (See 3108.2, Location and Access.) Special instructions per Chap. 17 IBC 2006 apply to this structure. Plans submitted for review shall be sealed by a Virginia Registered Design Professional. Equipment shelters require a building permit. Snow bridging requires a building permit. Antennas require a building permit. Page 3 Conditional Use Permit #10-11 Joseph Racey, Sr., and AT&T Mobility July 27, 2012 Frederick County Sanitation Authority: The Sanitation Authority does not serve this area. Winchester-Frederick County Health Department: Health Department has no objections to the request so long as no existing or proposed drainfields or wells are affected. Winchester Regional Airport: In accordance with the Code of Virginia, Section 15.2-2294, and the Federal Aviation Administration Notice of Proposed Construction, FAA Form 7460-1 applicant is required to be filed with the Federal Aviation Administration with a copy forwarded to this office for review and comment. Upon completion of the aeronautical study by the FAA, a copy must be forwarded to this office for final review comment. Any temporary construction equipment exceeding the overall height of the proposed structure including all appurtenances will require filing of a separate 7460-1 form with the FAA before construction begins and requires a separate review by the Airport Authority. The form can be found online at the FAA’s website http://forms.faa.gov/. Towers over 200 feet AGL are required by FAA to be lighted and, depending on the proximity of a tower to an airport, towers of less height are required to be lit. For towers between 150 and 199 feet AGL, the Winchester Regional Airport requests all structures to be marked and lighted in accordance with FAA Advisory Circular 70/7460-1K, Change 2. Final comment on behalf of the Airport Authority will be withheld pending a review by this office of the Determination Study completed by the Federal Aviation Administration. Historic Resources Advisory Board: Please see the attached letter dated November 22, 2011 from the HRAB. Planning and Zoning: The 2030 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering any land use action. This proposed 199 foot monopole-type commercial telecommunication facility is located on property identified within the Comprehensive Plan to remain rural and is not part of any land study. The properties immediately adjacent to this proposed CUP are currently zoned RA (Rural Areas) Zoning District. The applicant has applied for a Conditional Use Permit for a 199 foot monopole -type commercial telecommunications facility on a 75+/-acre property, with the nearest dwelling(s) being approximately 800 feet from this facility. 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 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 structure is Page 4 Conditional Use Permit #10-11 Joseph Racey, Sr., and AT&T Mobility July 27, 2012 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 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. This proposed 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 07/18/12 PLANNING COMMISSION MEETING : This is a request to seek approval for the construction of a 199 foot Monopole Telecommunications Facility with a 3,200 square foot equipment compound with an 11 foot 5 inch by 20 foot equipment shelter. 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. PLANNING COMMISSION SUMMARY & ACTION OF THE JULY 18, 2012 MEETING : The representative for this application, zoning attorney Tracey Anderson with Donohue & Stearns, PLC, stated there will be room within the equipment compound and on the monopole for three additional carriers. She also confirmed that no existing facilities or tall structures were available or appropriate for AT&T’s needs. Ms. Anderson stated the objective of this site is to provide enhanced coverage by enabling better handoff between existing AT&T sites and it will diminish dropped calls. Ms. Anderson spoke about the recent increase in data traffic as opposed Page 5 Conditional Use Permit #10-11 Joseph Racey, Sr., and AT&T Mobility July 27, 2012 to voice traffic and the need for either more powerful antennas or an increase in the number of towers. A comment from the HRAB was noted regarding a tree preservation area at the bottom of the tower and around the compound. A Commission member recognized the site is located within the woods; however, if the applicant removed existing trees, he felt the screening would have to be replaced. A discussion took place regarding lighting on the top of the tower. Ms. Anderson noted the decision on whether the tower should be lighted is typically made by the regional airport and the Board of Supervisors and is based on consideration of the flight path in the area. She said the applicant will comply with the localities’ decision on lighting. A Commissioner remarked that if the tower is to be lighted, he would prefer to see a light shield placed to mitigate the visual impact from the ground. Staff responded that a site plan will need to be submitted and screening and tower lighting should be identified at that time. Staff noted that all agency comments must be complied with. In addition, the lighting of towers is regulated within the zoning ordinance and lighting cannot be reflected on adjoining properties. There were no citizen remarks during the public comment portion of the public hearing. The Planning Commission recommended approval of the CUP with the condition that screening will be provided and maintained around the base of the tower and the fenced equipment compound; and with the understanding that the Winchester Regional Airport will make the final decision regarding lighting for the top of the monopole. The following additional conditions will apply to 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. (Note: Commissioners Thomas, Lemieux, and Manuel were absent from the meeting.)