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HomeMy WebLinkAbout01-09 PC Staff ReportCONDITIONAL USE PERMIT #01-09 AT&T AND WESLEY HELSLEY Staff Report for the Planning Commission Prepared: February 2, 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: 02/18/09 Pending Board of Supervisors: 03/11/09 Pending EXECUTIVE SUMARY: This is a request for a Conditional Use Permit to enable the construction of a 120-foot lattice type commercial telecommunication facility. Staff would note that the proposed site does not qualify for a lattice-type facility; if a CUP for this site is granted, it is required to be of monopole-type construction. Additionally, the site is within the Developmentally Sensitive Area (DSA) designation for historic areas within the Northeast Land Use Plan (NELUP), which further discourages uses that distract from the historical nature of the area. Staff believes the proposed tower would be better placed on an adjacent commercially or industrially zoned site, which is more removed from the residential and historic areas of the DSA. 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. Page 2 Conditional Use Permit #01-09 AT&T and Wesley Helsley February 3, 2009 LOCATION: This property is located at 2042 Martinsburg Pike (Route 11). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 43-A-130 and 43-A-132 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Residential South: RP (Residential Performance) Land Use: Church East: RP (Residential Performance) Land Use: Residential West: RP (Residential Performance) Land Use: Residential PROPOSED USE: This application is for a 120-foot Commercial Telecommunications Facility. REVIEW EVALUATIONS: Virginia Department of Transportation: Existing private entrance is inadequate for proposed use. Therefore, we cannot support a conditional use permit for this property until the existing entrance is improved to meet VDOT Standards. Any 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 an inspection fee and surety bond coverage. 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 2003. 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 Page 3 Conditional Use Permit #01-09 AT&T and Wesley Helsley February 3, 2009 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: In accordance with the Code of Virginia, Section 15.2-2294, and the Federal Aviation Administration Notice of Proposed Construction, FAA Form 7460-1, applicant is required to be filed with the Federal Aviation Administration with a copy forwarded to this office for review and comment. Upon completion of the aeronautical study by the FAA, a copy must be forwarded to this office for final review comment. Any temporary construction equipment exceeding the overall height of the proposed structure including all appurtenances will require filing of a separate 7460-1 form with the FAA before construction begins and requires a separate review by the Airport Authority. Applicant is required to file with the Virginia Department of Aviation. Applicant should send a copy of the FAA 7460-1 form and a quadrangle map showing the proposed tower location. Final comment on behalf of the Airport Authority will be withheld pending a review of the Determination Study completed by the Federal Aviation Administration and comments from the Virginia Department of Aviation. Historic Resources Advisory Board: 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 indentified 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. The Northeast Land Use Plan of the Frederick County Comprehensive Policy Plan shows the area where this proposed telecommunications tower is located as a Developmentally Sensitive Area (DSA). The DSA designation is meant to ensure that historical features, as well as existing residential clusters, are protected from future development proposals. 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. HRAB members also discussed the home’s value as a part of the DSA. 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 the battlefield. Page 4 Conditional Use Permit #01-09 AT&T and Wesley Helsley February 3, 2009 Planning and Zoning: Comprehensive Policy Plan: The 2007 Comprehensive Policy Plan of Frederick County provides guidance when considering land use actions. This proposed commercial telecommunication facility is located within the Northeast Land Use Plan (NELUP) as indicated in the Comprehensive Policy Plan of Frederick County. The NELUP component of the Comprehensive Policy Plan identifies Developmentally Sensitive Areas (DSA) located adjacent and surrounding this site. The objectives of NELUP, as related to Developmentally Sensitive Areas, are to identify appropriate locations to protect potentially significant historic resources as identified by the Frederick County Rural Landmarks Survey, and to ensure the Historic Resources Advisory Board (HRAB) reviews all land development proposals which impacts the identified DSA. The general surrounding area of this proposed site contains sites of significant historical importance which include the Hackwood property, established residential areas, and the Milburn Road corridor. These two sites are less than 1 1/2 miles from this proposed commercial telecommunication facility which may have a negative scenic impact on the aforementioned properties. Furthermore, the subject property where this proposed commercial telecommunication facility will be located is adjacent to the Second Battle of Winchester and the study area of Third Winchester, as indicated in the 2007 Comprehensive Policy Plan of Frederick County. Frederick County has traditionally set a higher expectation for land use actions with regards to properties located adjacent to DSA’s. These performance standards are to ensure that scenic areas and properties of significant historic values are not negatively impacted. Staff would note this CUP may not be consistent with the goals of the 2007 Frederick County Comprehensive Policy Plan; specifically land use goals identified and established by the Northeast Land Use Plan (NELUP). Careful consideration of this Conditional Use Permit may be warranted in maintaining the goals set forth in the NELUP plan. Zoning Ordinance: The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RP (Residential Performance) Zoning District with an approved Conditional Use Permit (CUP). The zoning ordinance requires that all proposed telecommunication facilities shall be of a monopole type if located adjacent to identified historic sites. 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, land use patterns, scenic areas and properties of significant historic values. The Frederick County Zoning Ordinance requires an applicant to provide confirmation that an attempt to collocate on an existing telecommunication facility, and possible co-location structures, in the proposed service area was made. The applicant has provided an inventory of existing telecommunication facilities and possible co-location structures in this area, but did not produce adequate documentation that those existing facilities were unsuitable for the proposed use. Page 5 Conditional Use Permit #01-09 AT&T and Wesley Helsley February 3, 2009 This proposed telecommunication facility will be positioned on property located in close vicinity of the 150 acre industrially and commercially zoned Rutherford Farm development, the development of which includes a multistory office building and commercial center. This development may provide satisfactory coverage for this applicant and future co-location opportunities in this area of Frederick County. STAFF CONCLUSIONS FOR THE 02/18/09 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 not qualify for a lattice-type facility; if a CUP for this site is granted, it is required to be of monopole-type construction. Additionally, the site is within the Developmentally Sensitive Area (DSA) designation for historic areas within the Northeast Land Use Plan (NELUP), which further discourages uses that distract from the historical natural of the area. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 2. 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.