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HomeMy WebLinkAbout08-19 BOS Staff ReportCONDITIONAL USE PERMIT #08-19 TowerCo Staff Report for the Board of Supervisors Prepared: March 30, 2020 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: 01/15/20 Recommended Denial Board of Supervisors: 04/08/20 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to construct a commercial telecommunication facility consisting of a 195-foot monopole telecommunication facility and accessory structures. During the Planning Commission meeting, the Applicant communicated that they would reduce the proposed tower to 150 feet in height. The Planning Commission recommended denial of the tower at the reduced 150 - foot height. Should the Board of Supervisors find the use to be appropriate, Staff would suggest the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 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 (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, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. If the Board seeks denial of this request, staff would look to return this item at the next Board meeting with an appropriate denial resolution. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP #08-19 Tower Co. March 30, 2020 LOCATION: This property is located at 107 Emory Court, Stephens City, Virginia. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 75-A-118 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: County Park South: RA (Rural Areas) Use: County Park East: RA (Rural Areas) Use: County Park West: RA (Rural Areas) Use: County Park PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of a 195-foot Monopole-Type Commercial Telecommunications Facility. During the Planning Commission meeting, the Applicant communicated that they would reduce the proposed tower to 150 feet in height. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Emory Court, the Future VDOT facility providing access to the property. A low volume commercial entrance will be required at the tie- in to the cul-de-sac. Should the use ever expand in the future, the entrance will need to be reviewed, to determine if additional improvements may be required. Frederick County Inspections: Please see the attached comment sheet from Mark Fleet, Building Official dated December 2, 2019. Winchester-Frederick County Health Department: The Frederick County Health Department has no objection to this project since no wells or septic systems will be affected by this addition to 75B-A-1. Frederick County Fire Marshall: Conditional Use Permit Approved provided that fire department access and turnaround meet Frederick County Fire Prevention Code 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders D103.4 Dead-end fire apparatus access roads in excess of Page 3 CUP #08-19 Tower Co. March 30, 2020 150 feet (45 720 mm) shall be provided with width and turnaround provisions in accordance with Table D103.4. A site plan will need to be submitted showing this. Winchester Regional Airport: Please see attached letter from Nick Sabo, A.A.E. Executive Director dated August 8, 2019. Frederick County Park and Recreation Dept: The Parks and Recreation Department is concerned with the aesthetic impact of the proposed cell tower CUP based on its location. The property with the proposed tower is bordered on all sides by park land and is in an open area where planned park development will be in view of the proposed tower site. Planning and Zoning: The 2035 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering any land use action. This proposed 195-foot monopole-type commercial telecommunication facility is located on a 4 +/- acre property that is zoned RA (Rural Areas) Zoning District. The property is located within the UDA and SWSA as identified within the Comprehensive Plan and is located within the Southern Frederick Area Plan. These plans identify this area as a recreational resource with the area north to remain residential in character. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RA Zoning District with an approved Conditional Use Permit (CUP). The properties immediately adjacent to this proposed CUP are currently zoned RA Zoning District. The zoning ordinance requires that all proposed telecommunication facilities be subject to additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas and properties of significant historic value. Furthermore, the Frederick County Zoning Ordinance requires an Applicant to provide confirmation that an attempt was made to collocate on an existing telecommunication facility, and possible collocation structures. The Applicant has provided an inventory of existing telecommunication facilities, and no other telecommunication facility or possible collocation opportunity structures exist in this area. Should this facility be approved this commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with telecommunication needs. STAFF CONCLUSIONS FOR THE 01/15/20 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. Page 4 CUP #08-19 Tower Co. March 30, 2020 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, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit PLANNING COMMISSION SUMMARY AND ACTION FOR THE 01/15/20 MEETING: Staff reported this is a request for a Conditional Use Permit to construct a commercial telecommunication facility consisting of a 195-foot monopole telecommunication facility and accessory structures. He continued, the property is located on a 4+/- acre property that is zoned RA (Rural Areas) Zoning District and the property is located within the UDA and SWSA as well as being located within the Southern Frederick Area Plan. Staff presented location maps of the property. He noted, the plan identifies this area as a recreational resource with the area north to remain residential in character. Staff explained the Zoning Ordinance requires commercial telecommunication towers over 50’ in height to have a Conditional Use Permit. He continued, the properties immediately adjacent to this proposed CUP are currently zoned RA (Rural Areas) and RP (Residential Performance) are located to the north of this site; the Zoning Ordinance requires that all proposed telecommunication facilities be subject to additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas and properties of significant historic value. Staff reported, the Zoning Ordinance requires an Applicant to provide confirmation that an attempt was made to collocate on an existing telecommunication facility, and possible collocation structures. He noted, the Applicant has provided an inventory of existing telecommunication facilities, and no other telecommunication facility or possible collocation opportunity structures exist in this area. Staff presented the following conditions: 1. All review agency comments shall be complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the Applicant or property within 12 months of abandonment of operation. 5. In the event a telecommunications tower is not erected within 12 months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or change of use shall require a new Conditional Use Permit. Mr. Thomas “Ty” Lawson, P.C. came forward representing the Applicant. He provided a brief Page 5 CUP #08-19 Tower Co. March 30, 2020 overview of the application. Mr. David Hockey, of TowerCo came forward and shared what TowerCo is and what they do. He explained, they were approached by Shentel to build a tower at this location. He provided mapping of the property and the proposed location of the tower. Regarding the tower height, he noted it was originally planned to be 195-feet and has been reduced to 150-feet. A Commissioner commented regarding the topography of the site; if the tower is moved farther south it will be moving it closer to the park property. Mr. Hockey stated that is correct. A Commissioner asked if the topography is the same farther south as it is in the center of the site or does the topography drop off. Mr. Hockey commented the parcel is generally flat and moving it south would be moving it a little farther from the housing. A Commissioner asked if these monopoles are designed to collapse down rather than fall over. Mr. Hockey stated that is correct; when the towers are designed, they have what is called collapse zones that are within the tower. Mr. Lawson provided an aerial view of the property noting trees will be planted in the surrounding area where some of the trees are missing. He reported, there have been attempts by Shentel to find other sites that have been unsuccessful. Ms. Jessie Wilmer, representing Shentel came forward and provided a brief overview of Shentel and their history. She shared the objectives of Shentel in providing coverage in the area. Ms. Wilmer provided the reasons as to why they need the tower. She explained the balloon testing that was performed for this project and shared photos. A Commissioner asked if a light will be required on top if it is at 150-feet. Mr. Lawson responded no; it would have to be above 200 feet according to the FAA. He noted, the Applicant would put a light if it were needed. Approximately 18 to 20 citizens came forward and shared their concerns which consisted of: A negative impact on property values; an eye sore from surrounding homes; it will be hard to sell homes in Dominion Greens; health impacts the tower could have; bike and walking trails will be affected; a danger to children in recreational area; a light on top would be a nuisance. One citizen spoke in favor of the tower and shared: the need for communication; need more cell towers to cover the capacity and Shentel has done a great job of finding locations; colocation will be beneficial to other carriers. Supervisor Bob Wells came forward and offered to speak with citizens after the meeting. Mr. Lawson shared; the FAA determination does not require a light. He noted the sensitivity to the needs and views of the neighbors and Shentel will do their best to accommodate. A Commissioner thanked everyone for coming and speaking. He noted the Applicants willingness to compromise the height of the tower and there are some sacrifices that have to be made. He understands this is a tough issue however there are limited areas this can be located. Another Commissioner commented he struggles to support the justification and the impacts on the neighbors but yet there is a real need for a tower near there. A motion was made by a Commissioner to approve however there was not a second. A motion was made, seconded, and passed to recommend denial of Conditional Use Permit #08-19 for Page 6 CUP #08-19 Tower Co. March 30, 2020 TowerCO. Yes: Marston, Ambrogi, Manuel, Cline, Oates, Kenney, Molden, Mohn, Dawson, Morrison, Triplett No: Thomas EXECUTIVE SUMMARY FOR THE BOARD OF SUPERVISORS: This is a request for a Conditional Use Permit to construct a commercial telecommunication facility consisting of a 195-foot monopole telecommunication facility and accessory structures. During the Planning Commission meeting, the Applicant communicated that they would reduce the proposed tower to 150 feet in height. The Planning Commission recommended denial of the tower at the reduced 150 - foot height. Should the Board of Supervisors find the use to be appropriate, Staff would suggest the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 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 (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, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. If the Board seeks denial of this request, staff would look to return this item at the next Board meeting with an appropriate denial resolution. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.