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HomeMy WebLinkAbout08-19 PC Staff ReportCONDITIONAL USE PERMIT #08-19 TowerCo Staff Report for the Planning Commission Prepared: January 2, 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 Pending Board of Supervisors: 02/12/20 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. Should the Planning Commission 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, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #08-19 Tower Co. January 2, 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. 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 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. Page 3 CUP #08-19 Tower Co. January 2, 2020 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 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. 3. A minor site plan shall be approved by Frederick County. Page 4 CUP #08-19 Tower Co. January 2, 2020 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, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.