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HomeMy WebLinkAbout04-20 PC Staff ReportCONDITIONAL USE PERMIT #04-20 Robert S. Blankinship, Etals-Commercial Telecommunication Facility Staff Report for the Planning Commission Prepared: June 18, 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: 07/01/20 Pending Board of Supervisors: 08/12/20 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to construct a commercial telecommunication facility consisting of a 70-foot telecommunication facility and accessory structure. 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 service providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. 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 #04-20 Robert Blankinship, Etals June 18, 2020 LOCATION: This property is located at 100 Archwood Trail, Winchester, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 49B03-123-215 PROPERTY ZONING & PRESENT USE: Zoned: R5 (Residential Recreational Community) Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: R5 (Residential Recreational Community) Use: Residential South: R5 (Residential Recreational Community) Use: Vacant East: R5 (Residential Recreational Community) Use: Vacant West: R5 (Residential Recreational Community0 Use: Vacant PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of a 70-foot Commercial Telecommunications Facility. REVIEW EVALUATIONS: Frederick County Inspections: Tower, foundation, and related building and/or structures shall comply with the 2015 Virginia Building Code. Tower shall be designed in accordance with the provisions of the TIA -222 and shall be of noncombustible material. Towers shall be located such that guy wires and other accessories shall not cross or encroach upon any street or other public spaces, or over above-ground electric utility lines without written consent. Access to the tower sites shall be limited as required by applicable OSHA, FCC, and EPA. Section 102.3 Virginia Uniform Statewide Building Code (USBC) addresses the exempts equipment, related wiring, and structures supporting the related wiring installed by a provider of publicly regulated utility service or a franchised cable television operator and electrical equipment and related wiring used for radio, broadcast or cable television, telecommunication or information service transmission. The exemption shall apply only if under applicable federal and state law the ownership and control of the equipment and wiring is by the service provider or its affiliates. Such exempt equipment and wiring shall be located on either public rights-of-way or private property for which the service provider has rights of occupancy and entry; however, the structures, including their service equipment, housing or supporting such exempt equipment and wiring shall be subject to the USBC. The installation of equipment and wiring exempted by this section shall not create an unsafe condition prohibited by the USBC. The replacement of or retro fitting of existing fiber distribution boxes falls under this exception as well. Please note Page 3 CUP #04-20 Robert Blankinship, Etals June 18, 2020 that the exemption of permitting does not apply to building structures erected or remodeled on these sites. The tower, foundation and any other related buildings/structures require permits. All structural plans submitted for permit application shall be sealed by a VA Design Professional. Special inspection requirement of Chapter 17 of VBC shall apply to this type of structure. Frederick County Fire Marshall: Plans Approved. Winchester Regional Airport: No comment. Planning and Zoning: Staff would like to note that this Conditional Use Permit (CUP) has been applied for in response to a zoning violation for the construction of a 70-foot telecommunication tower for internet wireless communication, on this property without an approved CUP. This property is located in the Shawneeland subdivision. An approved CUP is one avenue to abate this violation. This proposed 70-commercial telecommunication facility is located on property that is zoned R5 (Residential Recreational Community) Zoning District. The 2035 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering any land use action. The Comprehensive Plan identifies this area of the County to remain R5 and is not part of any current land use study. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the R5 Zoning District with an approved CUP. The properties immediately adjacent to this proposed CUP are vacant and currently zoned R5 Zoning District. 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 internet wireless communication needs. STAFF CONCLUSIONS FOR THE 07/01/20 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 service providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. Page 4 CUP #04-20 Robert Blankinship, Etals June 18, 2020 Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.