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HomeMy WebLinkAbout21-04 PC Staff ReportCONDITIONAL USE PERMIT #21-04 TIMBER RIDGE MINISTRIES Staff Report for the Planning Commission Meeting Prepared: October 19, 2004 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: 11/03/04 Pending Board of Supervisors: 12/08/04 Pending LOCATION: This subject property is located in Shawneeland, off of Timber Ridge. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER(s): 48-4-35 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Vacant PROPOSED USE: 150' Lattice Telecommunications Tower REVIEW EVALUATIONS: Virginia Department of Transportation: N/A Frederick County Fire Marshall: Access for emergency vehicles must be in place prior to construction and maintained at all times during and after construction. Maintain adequate overhead and side clearances of vegetation on access road. CUP #21-04, Timber Ridge Ministries October 19, 2004 Page 2 Frederick County Inspections: Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, use group U (Utility and Miscellaneous), for the tower, and Use B (Business), for the building, of the International Building Code/2000. 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. Winchester Regional Airport: Engineers for the Winchester Regional Airport have reviewed the proposed Conditional Use Permit and have made the following determination: 1. The proposed new tower is 11.2 NM on the 281-degree radial from the Winchester Regional Airport. The tower is located outside the FAA part 77 surfaces for the airport and should not impact airport operations or approaches. 2. There is a private airport located 7 NM due north of the proposed tower identified as Gore (EL 1120) on the Washington sectional. The tower will not impact that airport=s Part 77 surfaces. The Winchester Regional Airport has no objections or special requests for this proposal. Planning and Zoning: This proposed use is for a 150’ lattice radio tower located in the RA (Rural Areas) Zoning District. This proposed tower will be used in conjunction with a 12’ x 20’ building for a transmitter, and an 8’x 8’ generator shelter. This proposed use will require a site development plan approved by Frederick County prior to any building permits being issued. Section 165-48.6 B (2) of the Frederick County Zoning Ordinance, requires that any new commercial tower facilities be of monopole construction. This proposed transmitter facility will be a 150’ lattice type tower. The Planning Commission may waive the requirements of this section to allow this type of tower outside the Urban Development Area (UDA). STAFF CONCLUSIONS FOR THE 11-03-04 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, staff would recommend the following conditions: 1. All Frederick County Zoning Ordinance requirements and review agency comments shall be complied with at all times 2.A minor site plan shall be approved by Frederick County. 3.Should the radio transmissions from this tower interfere with any emergency communications, this Conditional Use Permit shall be deemed invalid. 4. In the event a transmissions tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 5. 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.