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Home My WebLink About05-11 PC Staff ReportCONDITIONAL USE PERMIT #05-11 AT&T MOBILITY AND WILLIS WOLFE Staff Report for the Planning Commission Prepared: May 25, 2011 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: 06/15/10 Pending Board of Supervisors: 07/27/10 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to enable the construction of a 170-foot monopole commercial telecommunication facility with a 50 foot by 50 foot equipment compound. 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 Conditional Use Permit #05-11 AT&T Mobility and Willis Wolfe May 25, 2011 LOCATION: This property is located at 575 Glengary Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 13-A-72 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: Vacant East: RA (Rural Areas) Land Use: Vacant West: RA (Rural Areas) Land Use: Vacant PROPOSED USE: This application is for a 170-foot monopole commercial telecommunications facility with a 50 foot by 50 foot equipment compound. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for site plan for this property appears to have little measurable impact on Route 681, the VDOT facility which would provide access to the property. We offer the following comments: A low volume commercial entrance design is acceptable. Sight distance requirements will need to be verified upon completion of construction for acceptance. A land use permit will need to be applied for and issued to cover said work. The permit is issued by this office and requires a fee and surety bond coverage. Fire and Rescue: Plan approval recommended. 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 2006. The structure is required to comply with Chap 15 & 16 of the IBC 2006 for structural load, as well as Section 3108 for Towers. The new 120’ tower shall be located and equipped with step bolts and ladders so as to provide ready access for inspection purposes. The Page 3 Conditional Use Permit #05-11 AT&T Mobility and Willis Wolfe May 25, 2011 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. Construction of Pre Engineered 11 x 20 shelter requires a building permit. Plans submitted shall be sealed by a Virginia Registered Design Professional Relocation/additional (future) antennas require a building permit. Fencing greater than 6’ in height requires a building permit. Frederick County Sanitation Authority: The Sanitation Authority does not serve this area. Winchester-Frederick County Health Department: Health Department has no objections to the above stated request so long as no existing or proposed drainfields or wells are negatively impacted. Winchester Regional Airport: Due to the elevation of the site at 928.8’ and the proposed structure height of 174’, the proposed tower penetrates the Horizontal Surface Elevation of 876’ of the Part 77 surfaces of the Winchester Airport. The applicant needs to submit to the Federal Aviation Administration Form 7460-1 Notice of Proposed Construction of Alteration for review and comment by that agency. Please notify this office upon receipt from the FAA of the case study number assigned to the project and forward a copy for record of the final determination. Towers over 200 feet AGL are required by FAA to be lighted. For towers between 150 and 199 feet AGL, the Winchester Regional Airport requests all structures be marked and lighted on the top of the tower based on the following specifications: Dual L-810 Steady Burning Double Red Obstruction Lights as defined by FAA Advisory Circular AC70/7460-1K Change 2, Chapter 5, Section 53. I am requesting as a condition of approval of the CUP this request be included as a requirements. The tower and aircraft warning lighting shall be registered with the FAA and approved prior to installation. Planning and Zoning: The 2007 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering any land use actions. This proposed 170 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 170 foot monopole -type commercial telecommunications facility on a one hundred and three (103) acre property, with the nearest dwelling(s) being more than 200 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 Page 4 Conditional Use Permit #05-11 AT&T Mobility and Willis Wolfe May 25, 2011 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. There are no properties of significant historical value or any historical sites adjacent to this proposed use. 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 facilities 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 06/15/10 PLANNING COMMISSION MEETING: This is a request to seek approval for the construction of a 170-foot monopole commercial telecommunication tower. 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.