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Home My WebLink About04-10 BOS Staff ReportCONDITIONAL USE PERMIT #04-10 SHENANDOAH MOBILE COMPANY TIMBER RIDGE MINISTRIES 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 Recommended approval Board of Supervisors: 08/11/10 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to enable the construction of a 95-foot Monopole Telecommunication Tower. The Planning Commission considered this request on July 21, 2010 and forwarded a recommendation for approval 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. 7. Aircraft Warning Lights (AWL) shall be placed on the tower. 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 #04-10 Shenandoah Mobile Company – Timber Ridge Ministries August 2, 2010 LOCATION: This property is located at 2835 Front Royal Pike (off of Route 522 South at WTRM Radio Station). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 76-A-54 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Radio Station 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: B-2 (Business, General) Land Use: Vacant PROPOSED USE: This application is for a 95-foot Monopole Telecommunication Tower. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 522, 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. 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 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 Page 3 Conditional Use Permit #04-10 Shenandoah Mobile Company – Timber Ridge Ministries August 2, 2010 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 information submitted for a determination study completed by the Federal Aviation Administration, Aeronautical Study Number 2009-AEA-3776-OE dated December 23, 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 99’ AGL 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. Planning and Zoning: The 2007 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering land use actions. This proposed 95-foot commercial telecommunication facility is located on property on the eastern side of Front Royal Pike (Route 522) adjacent to the Tasker Woods Land Use Plan to the northwest and the Eastgate Industrial Park to the west. The Comprehensive Plan identifies this area of the County for development of business/industrial and residential land uses. The properties immediately adjacent to this proposed CUP are currently zoned RA (Rural Areas) Zoning District, and are not part of any land study. 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. 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 may 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. 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, Page 4 Conditional Use Permit #04-10 Shenandoah Mobile Company – Timber Ridge Ministries August 2, 2010 and possible co-location structures. The applicant has provided an inventory of existing telecommunication facilities and possible co-location structures in this area, and produced adequate documentation that those existing facilities were unsuitable for the proposed use. Conditional Use Permit #04-09 (CUP#04-09) for a telecommunication facility located at 170 Marcel Drive (Eastgate Commence Center), approved by the Board of Supervisors on September 23, 2009, is the nearest telecommunication facility on which they may collocate. The owner (FAA) of the telecommunication tower declined to allow this applicant to collocate on their tower. One of the conditions placed on CUP# 04-09 is that the tower shall be available for collocating public use wireless services providers, but not necessarily private services providers. It should be noted that this proposed monopole telecommunications facility would not be replacing the existing WTRM radio tower. Therefore, if Conditional Use Permit#04-10 is approved, the property will have two towers. STAFF CONCLUSIONS FOR THE 07/21/10 PLANNING COMMISSION MEETING: This is a request to seek approval for the construction of a 95 foot monopole 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. PLANNING COMMISSION SUMMARY AND ACTION OF THE JULY 21, 2010 MEETING: Two adjoining property owners came forward to speak during the public comment portion of the hearing. They expressed concerns regarding possible health issues resulting from microwaves Page 5 Conditional Use Permit #04-10 Shenandoah Mobile Company – Timber Ridge Ministries August 2, 2010 emitting from the tower, possible impacts on property values, and possible interference with home communications, such as television and cell phones. The citizens thought notifications should have been sent to more neighbors than solely adjoining property owners because the tower would visually impact a greater area than just adjoining properties. In response to the citizens’ concerns, the applicant’s representative stated this tower will be an FCC-licensed facility and Shentel will be well within the health standards placed on this telecommunications facility. It was noted that if any of the neighbors experienced any interference with communications, Shentel will be required to fix the problem under FCC regulations. The applicant noted this will be a widely-used frequency, currently used throughout the City, and there is no anticipated impact. A Commissioner asked the applicant about AWL (Aircraft Warning Lights) on the tower. He understood that Winchester Regional Airport only requires lighting for towers exceeding 150 feet; however, he was concerned about the medivac helicopters based at the airport and their service to the region. Unlighted towers may be a hazard to their emergency missions. He believed it would be beneficial to have some modest AWL on the tower for safety. Other Commissioners thought the placement of lighting should be left up to the airport because they were concerned about lights impacting surrounding residences. The applicant said they would be willing to place dual mode lighting on the tower according to FAA standards, if directed to do so by the Planning Commission. The applicant said if there are complaints by the neighbors and Frederick County decides they do not want the lighting any longer, Shentel will simply turn off the lighting. A motion was made, seconded, and unanimously passed to recommend approval of CUP #04-10 of Shenandoah Mobile Company for a 95-foot monopole telecommunications facility at 2835 Front Royal Pike 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 even a telecommunications tower is not erected within 12 months of the approval of this Conditional Use Permit (CUP), the CUP will be deemed invalid. Page 6 Conditional Use Permit #04-10 Shenandoah Mobile Company – Timber Ridge Ministries August 2, 2010 6. Any expansion or change of use will require a new Conditional Use Permit. 7. Aircraft Warning Lights (AWL) shall be placed on the tower. (Note: Commissioners Mohn, Lemieux, and Madagan were absent from the meeting.)