Loading...
HomeMy WebLinkAbout05-10 BOS Staff ReportCONDITIONAL USE PERMIT #05-10 AT&T CORP. MELISSA HALL AND WESLEY HELSLEY BRADLEY POLLACK Staff Report for the Board of Supervisors Prepared: August 2, 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: 07/21/10 Denied waiver to enable a lattice tower; monopole would be required Recommended approval of a monopole CUP Board of Supervisors: 08/11/10 Pending EXECUTIVE SUMMARY: The applicant applied for Conditional Use Permit to enable the construction of a 120-foot Lattice Telecommunication Tower. In reviewing this application the Planning Commission felt that a monopole facility would be less visually obtrusive than a lattice type tower, and unanimously voted to deny the applicant’s request for a waiver from the monopole requirement. By ordinance, the Planning Commission is empowered to approve or deny waiver requests regarding the type of telecommunication facility; therefore, no Board action is necessary regarding this waiver request. The Planning Commission forwarded a recommendation for approval of the Conditional Use Permit which would enable the construction of a 120-ft monopole telecommunication facility. Should the Board of Supervisors find this use appropriate, the Planning Commission recommends the following conditions be placed on the Conditional Use Permit: 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. Prior to site plan approval, properties must be consolidated. 5. The tower shall be removed by the applicant or property owner within twelve (12) Page 2 Conditional Use Permit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack August 2, 2010 months of abandonment of operation. 6. 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. 7. Any expansion or modification of this use will require a new Conditional Use Permit. 8. Aircraft Warning Lights (AWL) shall be placed on the tower. 9. The tower shall be limited to two microwave dishes. 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 3 Conditional Use Permit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack August 2, 2010 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. LOCATION: The properties are located on the east side of Martinsburg Pike (Route 11 North), approximately ¼ mile northeast of Interstate 81, Exit 317. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 43-A-130 and 43-A-132 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residential and Public Utility ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Residential South: RP (Residential Performance) Land Use: Church East: RP (Residential Performance) Land Use: Church West: RP (Residential Performance) Land Use: Residential PROPOSED USE: This application is for a 120 foot Lattice Telecommunication Tower. (requires a Planning Commission waiver of the monopole requirement) REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 11, the VDOT facility which would provide access to the property. Prior to operation of the facility, a low volume commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property and positive drainage. Any work performed on the State’s right-of-way must be covered under a land use permit. The permit is issued by this office and requires inspection fee and surety bond coverage. Frederick County Fire Marshall: No comments. 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 Page 4 Conditional Use Permit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack August 2, 2010 structural load, as well as Section 3108 for Towers. The 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. Winchester Regional Airport: We determined that the proposed tower does not penetrate any FAR Part 77 surfaces; therefore a tower located at the proposed site should not impact current or future operations at the Winchester Regional Airport. Our comment is based on the determination study completed by the Federal Aviation Administration, Aeronautical Study Number 2009-AEA-383-OE dated May 5, 2009. If at any time the tower height exceeds 150 AGL, the Winchester Regional Authority requests the following condition be met: Towers over 200 feet AGL, are required by FAA to be lighted. For towers between 150 and 199 feet AGL, the Winchester Regional Airport is requiring all structures to be marked and lighted in accordance with FAA Advisory Circular 70/7460-1K, Change 2. Please note on the determination study, that any variation from the information submitted by your firm for review would require a separate notice to the FAA. In addition, the determination does include temporary construction equipment such as cranes, derrick, etc., which may be used during construction of the structure as long as the equipment does not exceed the 120’ height submitted. Should temporary construction equipment exceed that height, a separate notice to the FAA must be filed. This comment should be included on the building plans to ensure the contractor meets this Federal regulation. Historic Resources Advisory Board: The Frederick County HRAB considered this Conditional use Permit proposal during their meeting on June 15, 2010. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by Greenway Engineering. The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, shows that this site is located in the core area of the Second Battle of Winchester and the study area of Third Winchester. While this property is located within an area identified as having lost integrity, the area directly behind this site is identified as core area for the Second Battle of Winchester that has retained its integrity. In addition to these concerns, the HRAB noted that the home located at 2042 Martinsburg Pike was built in 1947. As it is older than fifty years in age, the structure should be documented and a DHR survey should be completed. Ultimately, the HRAB was concerned about the visual impact of the tower on the core battlefield area and felt that the tower, which is proposed to serve the FEMA development across the street, should be located on the roof of the FEMA building or on the FEMA site. It was the Board’s expressed priority that the applicants first make a serious and genuine effort to locate the tower on the FEMA site where existing trees and development would make the tower less visible from Page 5 Conditional Use Permit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack August 2, 2010 the battlefield. The HRAB expressed a preference for a monopole telecommunication facility over a lattice facility such as has been proposed. It was suggested that monopole facilities with limited microwave dish mountings (due to the size of the microwave fixtures) would minimize visual disruption to the historic battlefield viewshed. The HRAB does not support this request because of its visual impacts on the historical character and significant Civil War battlefields in the area. As in the 2009 review of a CUP for the same site, the Board continues to recommend that the applicant document the dwelling at 2042 Martinsburg Pike, complete the DHR survey, and assure that the home remains intact. Planning and Zoning: The 2007 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering land use actions. This proposed 120 foot lattice-type commercial telecommunication facility will be located on properties located within the Northeast Land Use Plan (NELUP). One of the primary objectives of NELUP is for the development of industrial and commercial use along the Route 11 north corridor. The properties are located within the Sewer Water Service Area (SWSA) and outside the Urban Development Area (UDA) as indicated in the 2007Comprehensive Policy Plan of Frederick County. The applicant applied for a Conditional Use Permit (CUP # 01-09) for a 120 foot monopole commercial telecommunication facility to be located on these properties, and was denied by the Board of Supervisors at their meeting held on May 13, 2009. The denial was based on the location of the proposed facility within a Developmentally Sensitive Area (DSA) and the surrounding historical sites, as noted in the 2007 Frederick County Comprehensive Policy Plan. The Board of Supervisors at their June 9, 2010, meeting updated the NELUP component of the Comprehensive Plan and modified the DSA in this area of the NELUP. The properties that are subject to this proposed CUP were removed from the DSA. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RP (Residential Performance) Zoning District with an approved Conditional Use Permit (CUP). Commercial telecommunication facilities may be subject to additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. These performance standards are to ensure that scenic areas and properties of significant historic values are not negatively impacted. In addition to these performance standards, the zoning ordinance requires that all proposed telecommunication facilities shall be of a monopole-type construction. The applicant has applied for a Conditional Use Permit for a 120-foot lattice-type commercial telecommunications facility on the above- referenced properties. The Zoning Ordinance empowers the Planning Commission to grant waivers from the monopole requirement and allow a lattice-type telecommunication tower provided that tower is located outside the UDA and not adjacent to identified historic sites. The general surrounding area of this proposed site contains sites of significant historical Page 6 Conditional Use Permit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack August 2, 2010 importance, which include the Hackwood property, established residential areas, and the Milburn Road corridor. The Hackwood property and the Milburn Road corridor are less than 1 1/2 miles from this proposed commercial telecommunication facility. Furthermore, the subject properties of this proposed commercial telecommunication facility will be located within the core area of the Second Battle of Winchester Civil War Battlefield historic site, and the study area of the Third Battle of Winchester. Frederick County has traditionally set a higher expectation for land use actions with regard to properties that are located within the vicinity to historic sites. The Frederick County Historic Resources Advisory Board (HRAB), as referenced above, reviewed this application and had concerns. The HRAB had the most concern with the visual impact of this proposed facility on the core battlefield area of the Second Battle of Winchester and the study area of Third Winchester. The HRAB expressed a preference for a monopole telecommunication facility with limited microwave dish mountings over a lattice facility. The HRAB also recommended that the applicant locate this facility on property located on the 150 acre industrially and commercially zoned Rutherford Farm development, which includes a multistory office building, commercial center, and vacant properties. This development may provide satisfactory coverage for this applicant and future co-location opportunities in this area of Frederick County. STAFF CONCLUSIONS FOR THE 07/21/10 PLANNING COMMISSION MEETING: This is a request to seek approval for the construction of a 120 foot lattice-type commercial telecommunication facility. Staff would note that the proposed site does meet the requirements as set forth by the zoning ordinance for a lattice-type facility. However, this facility may have a visual impact on historical sites in the viewshed. Therefore, a monopole- type facility may be appropriate to mitigate any impacts to the historical sites, and service the applicants’ needs and the future needs in this area of the County. Planning Commission approval is needed for a lattice-type facility. Should the Planning Commission find a lattice-type facility to be inappropriate, the CUP is required to be for monopole-type construction. 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. Prior to site plan approval, properties must be consolidated. Page 7 Conditional Use Permit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack August 2, 2010 5. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 6. 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. 7. Any expansion or modification of this use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/21/10 MEETING: The applicant’s representative said several events occurred since the Planning Commission first considered this application over a year ago: the DSA (Developmentally Sensitive Area) line had been moved, the Graystone property was rezoned, and Route 37 was realigned. Also, during the previous consideration of this tower, there was a misunderstanding about the exact location of the UDA line and consequently, a request for a lattice tower was not made. The applicant noted that with this new application, the proposed tower location is clearly outside of the UDA and the applicant believed he was now eligible for the waiver from a monopole. The applicant’s representative pointed out that the only negative comments they have received were of a visual nature; it’s difficult to screen a tower but the applicant believes a lattice tower is less obtrusive. There were no citizen comments during the public comment portion of the hearing. Referring to a representation of the tower supplied by the applicant, Commission members questioned why the tower height exceeded the placement of two dishes attached to the tower. The applicant’s representative said the extra height allowed for flexibility if the dishes needed to be moved up in the event an obstruction blocks the point-to-point communication between the tower and the mountain. Commission members questioned if the applicant had intentions of placing additional dishes toward the top of the tower. A member of the Planning Commission asked if there would be AWL (Aircraft Warning Lights) on the tower. It was understood that Winchester Regional Airport comments had requested lighting for towers exceeding 150 feet; however, he was concerned about the medivac helicopter service based at the airport which provides service throughout the region. He believed it would be beneficial to have some modest AWL on the tower for safety. Other members of the Commission agreed especially due to the tower’s proximity to the Route 37 expansion, I-81, and Route 11. A number of Commissioners did not agree that a lattice tower was less visually obtrusive than a monopole tower. A Commissioner remarked that the massiveness of a monopole tower would be less than a lattice-type tower and, consequently, less visually intrusive. It was noted that a 6-foot wide monopole base (28 square feet) would occupy a footprint less than 30 percent of that required by a 10-ft by 10-ft (100 square foot) base lattice Page 8 Conditional Use Permit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack August 2, 2010 structure. The Planning Commission unanimously voted to deny the applicant’s request for a waiver from the monopole requirement. The Planning Commission next unanimously recommended approval of the CUP for a 120-foot monopole 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. 4. Prior to site plan approval, properties must be consolidated. 5. The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. 6. In the event a telecommunications tower is not erected within 12 months of the approval of this conditional use permit, the CUP will be deemed invalid. 7. Any expansion or modification of this use will require a new conditional use permit. 8. Aircraft Warning Lights (AWL) shall be placed on the tower. 9. The tower shall be limited to two microwave dishes. (Note: Commissioners Mohn, Lemieux, and Madagan were absent from the meeting.) 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.