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Home My WebLink About08-08 BOS Staff Report CONDITIONAL USE PERMIT #08-08 SHENANDOAH GAS Staff Report for the Board of Supervisors Prepared: September 16, 2008 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: 08/06/08 Recommended Approval Board of Supervisors: 09/24/08 Pending LOCATION: This property is located at 350 Hillandale Lane (Route 651). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 63-A-2 PROPERTY ZONING & PRESENT USE: Zoned: M-1 (Industrial Light) District Land Use: Washington Gas ADJOINING PROPERTY ZONING & USE: North: M-1 (Industrial Light) Land Use: Telephone Company South: RP (Residential Performance) Land Use: Vacant East: RP (Residential Performance) Land Use: Vacant West: Route 81 Land Use: Interstate Highway PROPOSED USE: This application is for an extension of previously approved monopole structure from 120 feet to 180 feet. . REVIEW EVALUATIONS: VIRGINIA DEPARTMENT OF TRANSPORTATION: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 651, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed CUP #08-08, Shenandoah Gas September 16, 2008 Page 2 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 as submitted. INSPECTIONS DEPARTMENT: Building permit required for construction. 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. Structured plans submitted for permit application shall be sealed by a VA Licensed Design Professional for antenna attachment. Please note the requirements in Chapter 17 Special Inspections for this type structure, soils, concrete, bolts, etc. Note: All Chapter 1 VUSBC min. inspections shall be conducted by the Frederick County Inspections Staff. Request to utilize a third party inspection agency that complies with the Frederick County policy shall have prior approval granted by the Building Code Official. WINCHESTER REGIONAL AIRPORT: The existing tower does not penetrate the FAR Part 77 surfaces of the Winchester Regional Airport based on the Federal Aviation Administration’s Aeronautical Study Number 2002-AEA-1095-OE dated October 1, 2002 at a maximum height of 196 feet (AGL). That determination study expired on April 1, 2004; therefore, the applicant must re-file with the FAA for a new study. Regardless of the FAA’s determination regarding lighting regulations, the Winchester Regional Airport Authority requests the following be considered as a requirement for approval of this CUP: 1. Towers over 200 feet AGL are required by FAA to be lighted. For towers between 150 and 199 feet AGL, the Winchester Airport is requiring all structures to be marked and lighted in accordance with FAA Advisory Circular 70/7460-1K, Change 2, Obstruction Marking and Lighting. 2. Applicant is required to file with the Virginia Department of Aviation and applicant should send a copy of the FAA Aeronautical Study and a quadrangle map showing the proposed tower location for their review and comment. Provided these conditions are met, the Winchester Regional Airport Authority has no objections to the Conditional Use Permit application. Planning and Zoning: This proposed Conditional Use Permit (CUP) is for an extension of the current monopole-type telecommunication tower from 120 feet to 180 feet, located on a 10.9- acre site on Hillandale Lane (Route 651) adjacent to Interstate 81. This 180 foot telecommunication tower will have setbacks of approximately 300 feet from Hillandale Lane (Route 651), 152 feet from the rear property line, 337 feet from the right property line, and 595 feet from the left side property line. These setbacks were calculated with Conditional Use Permit #11-02 to meet future extension of this tower from 120 feet to 180 feet. CUP #11-02 was approved by the Frederick County Board of Supervisors on November 13, 2002. 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 CUP #08-08, Shenandoah Gas September 16, 2008 Page 3 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. STAFF CONCLUSIONS FOR THE 08/06/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The telecommunication tower shall be available for co-locating personal wireless services providers. 3. In the event a telecommunication tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the Conditional Use Permit will be deemed invalid. 4. The telecommunication tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. Any expansion or modification of this use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/06/08 MEETING: Commission members inquired if additional setbacks were needed for the extended structure and if the applicant had agreed to the requirements of the Winchester Regional Airport. Staff replied that setbacks and fall ratio for CUP #11-02 were calculated to meet the extension of the structure to 180 feet. Staff also noted that the applicant has met all the requirements from the Federal Aviation Administration, including comments on lighting. A representative for Shenandoah Gas was available to answer questions from the Commission. There were no citizen comments. The Planning Commission unanimously recommended approval of CUP #08-08 with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The telecommunication tower shall be available for collocating personal wireless services providers. CUP #08-08, Shenandoah Gas September 16, 2008 Page 4 3. In the event a telecommunication tower is not erected within 12 months of the approval of this conditional use permit, then the conditional use permit will be deemed invalid. 4. The telecommunications tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. 5. Any expansion or modification of this use will require a new conditional use permit. 6. Approval of this conditional use permit will void CUP #11-02 of Shenandoah Gas for a 120-foot monopole structure. (Note: Commissioners Kerr, Ruckman, and Triplett were absent from the meeting.)