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Home My WebLink About07-10 BOS Staff ReportCONDITIONAL USE PERMIT #07-10 GLOBAL TOWER ASSETS LLC Staff Report for the Board of Supervisors Prepared: September 9, 2010 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: 09/01/10 Recommended approval Board of Supervisors: 09/22/10 Pending EXECUTIVE SUMMARY: This is a request to seek approval for the construction of a 250 foot self-supporting, lattice-type commercial telecommunications facility. At their meeting on September 1st, the Planning Commission unanimously approved the applicant’s request for a waiver of the monopole requirement and recommended approval of this Conditional Use Permit 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 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, 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 #07-10 Global Tower Assets LLC September 9, 2010 LOCATION: This property is located at the intersection of Brill Road (Route 603) and Highway 55. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69-A-7F PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Vacant South: RA (Rural Areas) Land Use: Vacant East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Residential PROPOSED USE: This application is for a 250 foot self-supporting, lattice-type telecommunication facility. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 603, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. 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 tower shall be located and equipped Page 3 Conditional Use Permit #07-10 Global Tower Assets LLC September 9, 2010 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. Snow bridging requires a building permit. Relocation/additional antennas require a building permit. Plans submitted for review shall be sealed by a Virginia Registered Design Professional. Winchester Regional Airport: Due to the elevation of the site at 1,025 feet, the proposed structure height of 250 feet, the proposed tower penetrates the Horizontal Surface Elevation of 876 feet of the Part 77 surfaces of the airport. Applicant has filed the required 7640-1 with the Federal Aviation Administration for review and approval. A copy of the FAA determination on Aeronautical Study No. 2010-AEA-2825-OE is attached for reference to this comment letter. In accordance with FAA Aeronautical Study No. 2010-AEA-2825-OE, the proposed tower is being required to be marked and/or lighted in accordance with FAA Advisory circular 70/7460-1K Change 2. Obstruction Marking and Lighting, a med-dual system – Chapters 4, 8 (M-Dual) and 12. In addition, the FAA is requiring filing of Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to their office any time the project is abandoned or within five days after the construction reaches the greatest height (7460-2, Part II). Any temporary construction equipment exceeding the overall height of the structure including all appurtenances will require filing of a separate 7460-1 form with the FAA before construction begins for review and approval. During the construction phase, all cranes will be required to have an aviation obstruction flag and an obstruction light visible during daylight operations and must be lowered at night unless lit, in accordance with FAA guidelines. Intended hours and dates of operation should be coordinated with David Foley, Operations Supervisor Winchester Regional Airport Authority no less than forty-eight hours prior to start so that a Notice to Airmen can be issued. On behalf of the Winchester Regional Airport Authority, we are requesting that the tower be marked with lighting in accordance with all FAA regulations and guidelines and the FAA comments provided in the referenced aeronautical study be complied with at all times as a condition of approval for this Conditional Use Permit. Planning and Zoning: The 2007 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering land use actions. This proposed 250 foot self-supporting commercial telecommunication facility is located on property indentified 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 250 foot lattice- type commercial telecommunications facility on a ten acre property, with the nearest dwelling(s) being more than 200 feet from this facility. The Planning Commission may allow a lattice-type telecommunication tower provided that the tower is located outside the UDA and not adjacent to identified historic sites. Page 4 Conditional Use Permit #07-10 Global Tower Assets LLC September 9, 2010 The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). Commercial telecommunication facilities are subject to additional performance standards. These performance standards are to ensure that scenic areas and properties of significant historic values are not negatively impacted. There are no properties of significant historical value or any historical sites adjacent to this proposed use. In addition to these performance standards, the zoning ordinance requires that all proposed telecommunication facilities shall be of a monopole- type construction, unless waived by the Planning Commission. This application was granted a waiver from the monopole requirement. 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 09/01/10 PLANNING COMMISSION MEETING: This is a request to seek approval for the construction of a 250 foot self-supporting, lattice-type commercial telecommunications facility. Staff would note that the proposed site does qualify for a Planning Commission waiver from the monopole tower requirements in order to utilize a self- supporting lattice tower. Two Planning Commission actions are requested. • Approval or denial of a waiver of the monopole tower requirement so that a self- supporting lattice-type tower could be used. • Should the Planning Commission find this CUP 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. Page 5 Conditional Use Permit #07-10 Global Tower Assets LLC September 9, 2010 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 SEPTEMBER 1, 2010 MEETING: One citizen, an adjoining property owner, spoke during the public comment portion of the hearing. This citizen wanted some assurance the applicants will provide the maintenance and upkeep of the access road (Brill Road) into the tower site. He also had questions about the power supply needed to serve the facility, whether there would be underground or overhead cable, how much power would be transmitted, and what type. He noted area residents have been experiencing frequent power outages. He also inquired how long a CUP would be valid. The applicant stated they will maintain the road to standards for accessing their site, but would not typically plow snow; visits to the site will be infrequent. The applicant stated that in order to provide reliable coverage north and south in the Route 55 corridor, it was determined that a tower between 200-250 feet was needed. Their goal was to connect the broadcast tower to the east and the existing former AT&T microwave tower on top of the mountain with a single tower. They intended to place the tower within the center of the desired parcel, which presented them with the best buffer to the surrounding community; the terrain and existing tree canopy offered almost zero visual impact. The applicant stated the visual impact of a 250-foot monopole tower would be much greater than a lattice tower because it would result in a huge structure; the diameter of the pole would resemble a power station smokestack. A member of the Commission asked about agency review comments in light of the tower’s location within a national forest. The staff replied this was a local review on private property; however, because of the proximity of the George Washington National Forest, the District Ranger at the Edinburg USDA Office was contacted. They had no objections to the tower. The Planning Commission unanimously approved the applicant’s request for a waiver of the monopole requirement so that a self-supporting, lattice-type tower could be constructed. The Planning Commission then next recommended approval of the conditional use permit for a 250- foot, self-supported lattice-type telecommunications tower 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. Page 6 Conditional Use Permit #07-10 Global Tower Assets LLC September 9, 2010 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 this 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: Commissioners Manuel, Crosen, Thomas, and Triplett were absent from the meeting.)