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Home My WebLink About10-02 BOS Staff ReportPC REVIEW: 09/18/02 BOS REVIEW: 10/09/02 COIU�s I ZONAL %A " I ER.M.T rr 1 v—vA- SHENANDOAH MOBILE COMPANY (Schrock Property) Telecommunications Facility LOCATION: This property is located at 220 Imboden Drive (Schrock Bus Tours). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-7-7A PROPERTY ZONING & PRESENT USE: Zoned M1 (Light Industrial) District; Land Use: Bus Terminal/Fleet Maintenance/U-Haul ADJOINING PROPERTY ZONING & USE: Zoned Ml (Light Industrial) District, and MH1 (Mobile Home Community) District Land Uses: Industrial and Arcadia Mobile Home Park PROPOSED USE: 150 -foot monopole -type 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 1327 (Imboden Drive), the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use; however, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Inspections Department: Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, Use Group U (Utility and Miscellaneous) of The BOCA National Building Code/ 1996. Structural plans submitted for permit application shall be sealed by a Virginia -licensed design professional. Please note the requirements in Chapter 17, Special Inspections, for this type structure, soils, concrete, bolts, etc. Page 2 CUP #10-02, Shenandoah Mobile Company October 2, 2002 Fire and Rescue: Emergency vehicle access is adequate; no additional comments. Plan approval is recommended. Sanitation Authority: No comment. Winchester Regional Airport: Please see attached letterfrom Serena R. Manuel, Executive Director, dated 8/16/02. Planning and Zoning: The Frederick County Zoning Ordinance allows for Commercial Telecommunication Facilities in the M1 (Light Industrial) Zoning District with an approved Conditional Use Permit. The Frederick County Zoning Ordinance specifies that a CUP for a commercial 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. The proposed telecommunication facility will be located on a 9.79 -acre site located at the end of Imboden Drive in the Baker Lane Industrial Park, adjacent to Interstate 81. The property is owned by Larry and Dorothy Schrock. The applicant proposes to build a 150 -foot monopole - type telecommunication facility that is designed to accommodate commercial telecommunication carriers. The minimum required setbacks for the proposed telecommunication facility are 165 feet from Imboden Drive and Interstate 81 and 115 feet from the side and rear property lines. The proposed setbacks for this facility are approximately 563 feet from Imboden Drive, 168 feet from Interstate 81, 168 feet from the mobile home community in the rear, and 332 feet from the side property line. Therefore, the structure would comply with the setback requirements. There is a history of zoning violations associated with the property. A site plan was approved by the County in July of 1998 for construction of the Schrock Tours 16,200 square -foot building for use as a bus facility. The building was constructed and occupied but site improvements such as landscaping and the final asphalt surface treatment were not completed. A bond was established by the owners to guarantee the site work. The property owners agreed to have all site improvements associated with approved plans complete by May 2002. Upon inspection by staff in June 2002, it was noted that site improvements were still not complete, including landscaping, stabilization and seeding, and paving/striping of the parking areas. There were additional zoning violations noted by staff at the time of this inspection. Staff has had continued dialogue with the Schrocks and they have committed to having all site work complete, except for the paving and striping (see letter dated August 28, 2002). Staff feels that this site history Page 3 CUP #10-02, Shenandoah Mobile Company October 2, 2002 information should be considered along with this application for a conditional use permit for the property. The applicant has provided an inventory of existing structures in the general area and has provided an explanation as to why it is not possible to collocate on them. The maps provided within the application illustrate search criteria used by the applicant to determine that this location is appropriate for a telecommunication facility. As indicated by the applicant, the proposed facility will meet coverage needs and improve capacity for the City of Winchester and surrounding areas of Frederick County. The applicant has adequately illustrated the need for coverage, where existing telecommunication facilities are located, and what areas of coverage they provide. The Winchester Regional Airport Authority has not completed a final comment for this proposed facility. The zoning ordinance requires appropriate landscaping and opaque screening to ensure that equipment buildings and other accessory structures are not visible from adjoining properties and roadways; this will be addressed at the time of site plan review. STAFF CONCLUSIONS FOR THE 9-18-02 PLANNING COMMISSION MEETING: Staff believes that this application for a Commercial Telecommunication Facility has adequately addressed the requirements of the Zoning Ordinance in that need for this facility, based on a lack of coverage and capacity in this part of the County, has been demonstrated. However, before additional development privileges are approved for this property, consideration should be given to the history of zoning violations. Should the Planning Commission find this use appropriate, the following conditions of approval would be appropriate: All 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 the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months o I' abandonment of operation. All existing zoning violations should be resolved prior to construction of any telecommunication facilities. Page 4 CUP #10-02, Shenandoah Mobile Company October 2, 2002 PLANNING COMMISSION SUMMARY & ACTION OF 09/18/02: The applicant's representative stated they will not construct a facility without complete compliance with the Federal Aviation Administration's (FFA) regulations and did not have any objections with the Commission making this a condition of approval. The applicant's representative stated that they have met with the owner of the property on several occasions regarding the zoning violations and it was the owners' intention to be in zoning compliance by October 8, 2002, prior to the Board of Supervisors' consideration of the application. The Planning Staff pointed out that the County is in possession of a performance bond to guarantee the completion of items associated with the Schrock's site plan, such as striping and paving. Staff also pointed out that the issue of the zoning violations, such as inoperable vehicles, trash, and debris, are not identified in the approved site plan, but are addressed as a recommended condition of approval of the conditional use permit (Condition #5). There were no citizen comments. While the majority of the Commission members were comfortable with approval of the CUP with conditions, one of the members was not in favor of recommending approval until the zoning violations were corrected. The Commission recommended approval of the CUP by a majority vote, with the following conditions: All 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 the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. All existing zoning violations should be resolved prior to construction of any telecommunication facilities. 6. In the event a telecommunications tower is not erected within eighteen (18) months of the approval of this Conditional Use Permit, then the Conditional Use Permit will be deemed invalid. Page 5 CUP #10-02, Shenandoah Mobile Company October 2, 2002 (NOTE: Commissioner Unger voted no. Commissioners Thomas, Watt, Light, and Fisher were absent.) STAFF COMMENTS FOR THE 10/9/02 BOARD OF SUPERVISORS MEETING: As noted above, a sixth condition was added to those originally suggested by staff. Condition #6 was added after suggestion from the Planning Commission at their last meeting on September 18, 2002. The intent was to provide consistency with previously approved CUP applications for telecommunication facilities. Staff research indicates that the time period noted on other applications is actually 12 months instead of 18 months. Should the Board find it appropriate, staff suggests approval with modification to condition # 6. 0:\Agendas\COMMENTS\CUP's\2002\Shenandoah Mobile Co.wpd