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HomeMy WebLinkAbout04-06 PC Staff ReportCONDITIONAL USE PERMIT #04-06 ANDREW DATT AND PAUL ANDERSON Staff Report for the Planning Commission Prepared: June 28, 2006 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: 07/19/06 Pending Board of Supervisors: 08/23/06 Pending LOCATION: This subject property is located at 1009 Germany Road (Route 625). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 73-A-100 PROPERTY ZONING & PRESENT` USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Vacant South: RA (Rural Areas) Land Use: Vacant East: RA (Rural Areas) Land Use: Vacant West: RA (Rural Areas) Land Use: Vacant PROPOSED USE: 150- Foot Monopole Commercial Telecommunications Facility REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 625, the VDOT facility which would provide access to the property. A Standard PE1 entrance will need to be constructed. Before any work is performed on the right-of-way, a VDOT permit is required. CUP #04-06, Andrew Datt and Paul Anderson June 28, 2006 Page 2 Fire Marshal: Plan approved as submitted. 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. Structural plans submitted for permit application shall be sealed by a VA Licensed Design Professional. 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 inspection 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. Sanitation Authority: We do not serve this area. Winchester-Frederick County Health Department: The Health Dept. has no objections to the Conditional Use Permit for the monopole; as long as the existing well and septic system are properly located and marked to avoid damage. If the septic system is damaged, a new drainfield site will need to be located, and the site will have to meet today’s regulations. Winchester Regional Airport: Structure should be marked and lighted in accordance with FAA Advisory Circular 70/7460-1J, Obstruction Marking and lighting, Chapters 4, 8 (M-Dual) & 13. Although the Federal Aviation Administration’s regulations do not require structures under 200’ to be lighted, on behalf of the Airport Authority we are requesting the tower to be lit for safety due primarily to the ongoing medevac operations throughout Frederick County. In addition, the location of this site is on top of a knoll, which factors into our request. Provided that this condition is met, The Winchester Regional Airport Authority has no objections to this CUP. City of Winchester: No comments. Planning and Zoning: The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). Commercial telecommunication facilities are subjected to additional performance standards in order to mitigate negative impacts to residential properties, land use patterns, scenic areas, and properties of significant historic values. This proposed 150-foot monopole-type commercial telecommunication facility is located outside of the Urban Development Area (UDA), and does not appear to have any significant impacts on the surrounding residential properties The Frederick County Zoning Ordinance specifies that CUP applications for commercial telecommunication facilities provide an inventory of existing telecommunication facilities in the area, and staff would concur that there are no existing facilities or appropriate structures available for co-location in this general area. The maps provided within the application, analyzing coverage need in this area, appear to be sufficient to determine the adequacy of the search area, and the existing CUP #04-06, Andrew Datt and Paul Anderson June 28, 2006 Page 3 coverage and capacity of the licensee holder in the vicinity of the proposed facility. As shown on the maps in your agenda, the coverage needs will be met by a facility at this location. The applicant proposes to build a 150-foot monopole-type telecommunication facility that is designed to accommodate commercial telecommunication carriers. The Frederick County Zoning Ordinance requires a minor site plan for new commercial telecommunication facilities. This site plan will address the location of an 11.6' by 20' equipment shelter and lighting on the 150-foot monopole tower, to mitigate illumination to neighboring properties and right-of-ways. A certified Virginia engineer shall provide verification that the tower is designed, and will be constructed in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. The setbacks for this proposed commercial telecommunication facility will be approximately 340 feet from the road right-of-way, 250 feet from rear property line, and 500 feet from the right property line. This proposed commercial telecommunication facility will be in conformance with Section 704 of the Telecommunication Act of 1996. In evaluating this application, it has been demonstrated that there is a need for the infrastructure within this area of the County as identified. STAFF CONCLUSIONS FOR THE 07/19/06 PLANNING COMMISSION MEETING: Staff believes that this application for a commercial telecommunication facility has adequately addressed the requirements of Section 165-48.6 of the Frederick County Zoning Ordinance in that a need for this facility, based on a lack of coverage and capacity in this part of Frederick County, has been demonstrated. Should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: 1. Tower will be a monopole type, not to exceed 150 feet in height. 2.All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 3.The tower shall be available for co-locating personal wireless services providers. 4.A minor site plan shall be approved by Frederick County. 5.The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 6. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid. 7.A certified Virginia engineer shall provide verification that the tower is designed, and will be constructed in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.