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HomeMy WebLinkAbout04-09 BOS Staff Report - September (2)CONDITIONAL USE PERMIT #04-09 FEDERAL AVIATION ADMINISTRATION Staff Report for the Board of Supervisors Prepared: September 10, 2009 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: 07/15/09 Recommended approval Board of Supervisors: 08/12/09 Tabled by BOS 30 days 09/09/09 Tabled by BOS 14 days 09/23/09 Pending EXECUTIVE SUMMARY: During the September 9, 2009 meeting, the Board of Supervisors had questions concerning the “line of sight” direction, width and height. The representative for the Federal Aviation Administration responded to the best of his knowledge about the concerns expressed by Board members, but he was unable to assure Board members that the line of sight would not have an impact on adjoining property. Therefore, staff and representatives from the FAA will meet in order to have the answers requested by the September 23, 2009 meeting. On August 12, 2009, after Mr. Cheran presented the staff report, Board members had questions of the applicant or the owner, regarding this application. Following the public hearing, as neither the applicant nor the property owner, was present, the Board of Supervisors tabled this request for 30 days. At their meeting on July 15, 2009, the Planning Commission unanimously recommended approval of this CUP, with amendments to Condition 2 and 4, as indicated in bold below. This is a request for a Conditional Use Permit to enable the construction of an 80-foot Monopole Steel Telecommunication Tower. Should the Board of Supervisors find this use appropriate, the Planning Commission recommended 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 co-locating personal public use wireless services providers. 3. A minor site plan shall be approved by Frederick County. Page 2 Conditional Use Permit #04-09 Federal Aviation Administration September 10, 2009 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. If the FAA (Federal Aviation Administration) relinquishes their lease of the property, the tower will be removed by the FAA. 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. Page 3 Conditional Use Permit #04-09 Federal Aviation Administration September 10, 2009 LOCATION: This property is located at 170 Marcel Drive (off of Route 522 and Tasker Road). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 76-A-53B PROPERTY ZONING & PRESENT USE: Zoned: M1 (Light Industrial) Zoning District Land Use: Office/Warehouse ADJOINING PROPERTY ZONING & USE: North: M-1 (Industrial, Light) Land Use: Warehouse South: RA (Rural Areas) Land Use: Vacant East: M-1 (Industrial Light) Land Use: Vacant West: RA (Rural Areas) Land Use: Residential/Vacant PROPOSED USE: This application is for an 80-foot Monopole Steel 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 787, 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 with step bolts and ladders so as to provide ready access for inspection purposes. The tower Page 4 Conditional Use Permit #04-09 Federal Aviation Administration September 10, 2009 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. Sanitation Authority: No comment. Winchester Regional Airport: We determined that the proposed 80’ monopole tower does not penetrate any FAR Part 77 surfaces; therefore development at the proposed site should not impact current or future operations at the Winchester Regional Airport. This comment is based on the information you provided which was reviewed by our engineering firm, Delta Airport Consultants, Richmond, Virginia. Since the lat/long coordinates and ground elevation were not provided, this decision was based on information gathered through online data. If any time the proposed tower height exceeds 100 AGL, the Winchester Regional Airport Authority requests the following condition be met: Applicant file 7460-1 with the Federal Aviation Administration in accordance with Part 77.13(a)(2)(i) regulations with notification of such application sent to the Winchester Regional Airport Authority for review and comment before approval by Frederick County Planning. Please be sure to notify my office of any changes to proposed site plan should the height exceed 100 feet. Planning and Zoning: The 2007 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering land use actions. This proposed 80-foot commercial telecommunication facility is located on property within Eastgate Commence Center. The Eastgate Commence Center is within Southern Frederick Land Use Plan (SFLUP), and the Sewer and Water Service (SWSA) as indicated in the Comprehensive Plan. The properties adjacent to this proposed CUP are zoned M-1, with the properties to the south and west being zoned RA. There are no properties of significant historical value or any historical sites adjacent to this proposed use. The Frederick County Zoning Ordinance allows for Commercial Telecommunication Facilities in the M1 (Light Industrial) Zoning District with an approved Conditional Use Permit (CUP). The Frederick County Zoning Ordinance specifies that a CUP for a commercial telecommunication tower may be permitted provided that residential properties, land use patterns, scenic areas and properties of significant historic values are not negatively impacted. Furthermore, additional performance standards shall apply to the CUP review in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. This proposed use is more than 100 feet from any residential structure, and the rear of the property is wooded. Page 5 Conditional Use Permit #04-09 Federal Aviation Administration September 10, 2009 STAFF CONCLUSIONS FOR THE 07/15/09 PLANNING COMMISSION MEETING: This is a request to seek approval for the construction of an 80-foot monopole steel 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 co-locating public use 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 07/15/09 MEETING: There was lengthy discussion among the Commission members, the staff, and the County Attorney on various issues relating to the collocation of other service providers; who would own the tower after the federal government is no longer the holder of the lease; if the tower could remain on the property and be used by the property owner for commercial use; and if the property owner would need to apply for a new conditional use permit for commercial wireless service providers. A representative for the Federal Aviation Administration (FAA) said they were agreeable to collocation; however, there were limitations. Specifically, it was explained that while the property is in use by a governmental agency, a commercial organization could not have access to the property. It was noted that State and Local Public Use service providers would be able to collocate, but not commercial. The FAA’s representative also pointed out that their lease states the FAA must remove their tower and restore the grounds, if they no longer want to lease the property. There were no public comments. Page 6 Conditional Use Permit #04-09 Federal Aviation Administration September 10, 2009 The Planning Commission unanimously recommended approval of the CUP with amendments to two of the staff’s recommended conditions, #2 and #4, as follows: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating public use wireless service providers. 3. A minor site plan shall be approved by Frederick County. 4. If the FAA (Federal Aviation Administration) relinquishes their lease of the property, the tower will be removed by the FAA. 5. If a telecommunications tower is not erected within 12 months of the approval of this CUP (conditional use permit), the CUP will be deemed to be invalid. 6. Any expansion or modification of this use will require a new CUP. (Note: Commissioner Manuel was absent from the meeting.) Following this public meeting, 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.