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HomeMy WebLinkAbout24-04 BOS Staff Report4vc� C, CONDITIONAL USE PERMIT #24-04 W, a -4 SHENANDOAH MOBILE COMPANY Staff Report for the Board of Supervisors Prepared: January 3, 2005 Staff Contact: Mark 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: 12/15/04 Recommended Approval Board of Supervisors: 01/12/05 41'?Re Vf b LOCATION: This subject property is located at 226 Stony Hill Road (Route 688). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 28-A-165 PROPERTY ZONING & PRESENT' USE: RA (Rural Areas) Zoning District Land Use: Residential and Agricultural ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Residential and Agricultural PROPOSED USE: 199 Foot -Commercial Telecommunications facility REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for site plan for this property appears to have no measurable impact on Rt. 688, the VDOT facility which would provide access to the property. Present entrance is adequate for proposed improvements. Should business ever expand in the future, entrance may need to be upgraded. CUP #24-04, Shenandoah Mobile Company January 3, 2005 Page 2 Fire Marshal: Emergency vehicle access must be maintained for the maximum width of the roadway and a vertical clearance of 13.5 feet over the entire width. 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/2000. Structure 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. Winchester RelZional Airport: The Winchester Regional Airport has had your proposed Conditional Use Permit request reviewed by their engineering firm Delta Airport Consultants. Based on the information provided in your site plans, Delta determined that the tower is located 9.95 nautical miles along the extended Runway 32 centerline. The base elevation is approximately 900' MSL with a total tower height of approximately 1.199' MSL. The top of the tower is outside the approach surface and below the Part 77 surfaces of the Winchester Regional Airport and should not have an impact on safe and efficient operations. The tower site does lie about four nautical miles northwest of a private airstrip in Gore but should not impact operations at that airstrip either. We have also reviewed the comments on the Federal Aviation Administration's Aeronautical Study No. 2004 -AEA -2518 -OE which indicates that while the proposed tower does not exceed obstruction standards as a hazard to air navigation, it would be located within or near a military training area and/or route. Given the information provided to us by our engineering firm and based on the information in the study by the FAA, we offer the following comment. 1. Towers over 200 feet AGL are required by the FAA to be lighted, for additional safety and since this tower is at 199 AGL, the Winchester Regional Airport Authority is requesting the proposed structure to be marked, lighted and maintained in accordance with FAA Advisory Circular 70/7460- 1K Change 1, Obstruction Marking and Lighting. Planning and Zoning: This proposed Conditional Use Permit (CUP) is to replace a 125 foot monopole commercial telecommunication tower, with a 199 -foot monopole tower. The current commercial telecommunication facility was approved by the Frederick County Board of Supervisors on April 8, 1998 (CUP 20-97). No new structures will be associated with this proposed Conditional Use Permit. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The Frederick County Zoning Ordinance specifies that a commercial telecommunication facility 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 199 -foot monopole -type commercial telecommunication facility is located outside of the Urban Development Area (UDA), and will not CUP #24-04, Shenandoah Mobile Company January 3, 2005 Page 3 have any significant impacts on the surrounding properties Background: The applicant has provided an inventory of existing telecommunication facilities in the area, and staff would concur that there are no existing facilities or appropriate structures available for collation 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 coverage and capacity of the licensee holder in the vicinity of the proposed facility. As shown on the maps, the coverage needs will be met by a facility at this location. The applicant proposes to build a 199 -foot monopole -type telecommunication facility that is designed to accommodate commercial telecommunication carriers. 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. Site Plan: The Frederick County Zoning Ordinance requires a minor site plan for new commercial telecommunication facilities. This site plan will address the location. 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. All building setbacks will be determined at site plan review. STAFF CONCLUSIONS FOR THE 12-01-04 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. All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and 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, than the CUP will be deemed invalid. 6. The existing telecommunications tower shall be removed 90 days after the start of CUP #24-04, Shenandoah Mobile Company January 3, 200 Page 4 construction of the new 199 -foot telecommunication facility. 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. PLANNING COMMISSION SUMMARY & ACTION OF THE 12/15/04 MEETING: There were questions and discussion among the Commission members as to whether the tower should be lighted. It was suggested that the applicant might be attempting to avoid the lighting requirement by erecting a 199 -foot structure, which was just below the FAA's 200 -foot mandate for lighting. A comment in the staff report from the Winchester Regional Airport indicated that the airport desired to see the 199 -foot tower marked, lighted, and maintained in accordance with FAA regulations. Other Commission members believed the topography of the area was such that it did not warrant the tower to be lighted. Ms. Figgett of Shenandoah Mobile Company reported that they are not required to submit to the FAA, if the tower is below 200 feet. She said that if Frederick County would like the tower to be lighted, they would certainly do so. However, the Commission should make the lighting a condition of their conditional use permit. Mr. Charles L. Wilmot, Jr., the Chairman of the Winchester Regional Airport Authority, stated that for safety reasons, a tower height of 199 feet was very close to the 200 -foot limit and he requested that lighting be placed on the tower. There were no other public comments. A motion was made and seconded to approve the CUP with only the conditions as recommended by the staff. This motion was amended to include lighting requirements; however, the amended motion failed by a majority vote. The Commission next voted on the original motion to recommend approval of the CUP with only the conditions as recommended by the staff. This motion passed by a majority vote as follows: YES (REC. APPROVAL AS PRESENTED): Watt, Morris, Light, Thomas, Ours, Kriz, Triplett, Rosenberry, DeHaven NO: Straub, Gochenour (Note: Commissioner Unger was absent from the meeting.) The following conditions were recommended by the Commission's vote: 1. All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. CUP #24-04, Shenandoah Mobile Company January 3, 2005 Page 5 2. The tower shall be available for collocating 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 months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve months of the approval of this conditional use permit, the conditional use permit will be deemed to be invalid. 6. The existing telecommunications tower must be removed 90 days after the start of construction of the new 199 -foot telecommunications facility. 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.