Loading...
HomeMy WebLinkAbout04-09 PC Staff ReportCONDITIONAL USE PERMIT #04-09 FEDERAL AVIATION ADMINISTRATION Staff Report for the Planning Commission Prepared: June 30, 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 Pending Board of Supervisors: 08/12/09 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to enable 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 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. Page 2 Conditional Use Permit #04-09 Federal Aviation Administration June 30, 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 3 Conditional Use Permit #04-09 Federal Aviation Administration June 30, 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 4 Conditional Use Permit #04-09 Federal Aviation Administration June 30, 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 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.