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Home My WebLink About06-20 BOS Staff ReportCONDITIONAL USE PERMIT #06-20 Darin Hockman-Commercial Telecommunication Facility Staff Report for the Board of Supervisors Prepared: August 27, 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: 08/19/20 Recommended Approval Board of Supervisors: 09/09/20 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to construct a commercial telecommunication facility consisting of an 80-foot telecommunication tower. 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. 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, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP #06-20 Darin Hockman August 27, 2020 LOCATION: This property is located at Darkwood Trail in Shawneeland. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 49B02-123-136 PROPERTY ZONING & PRESENT USE: Zoned: R5 (Residential Recreation Community) Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: R5 (Residential Recreation Community) Use: Vacant South: R5 (Residential Recreation Community) Use: Vacant East: R5 (Residential Recreation Community) Use: Vacant West: R5 (Residential Recreation Community) Use: Vacant PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of an 80-foot commercial telecommunication facility. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property is incomplete and in a private subdivision. Therefore, VDOT has no comment. Frederick County Fire Marshal: Approved. Frederick County Inspections: Conditional Use Permit for installation of a communication tower shall be designed per the 2015 Virginia Building Code (VBC), U-Utility Use Group. Tower installation requires permits. Plans submitted for permits may require the design to be sealed by a Registered Design Professional licensed in the State of Virginia. Antennas, if applicable, shall be designed for the applicable loads as required in Chap 16 VBC. Tower shall be located such that guy wires and other accessories shall not cross or encroach upon any street or other public space, or over above ground electric utility lines, or encroach upon any privately-owned property without written consent. Tower shall be equipped with climbing and working facilities in compliance with TIA-222. Access to the tower sites shall be limited as required by applicable OSHA, FCC and EPA regulations. Special Inspections may be required, please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure. (Soils, concrete etc.)> Page 3 CUP #06-20 Darin Hockman August 27, 2020 Winchester Regional Airport: No comment. Planning and Zoning: The property currently has a 50-foot small cell lattice tower approved by Frederick County on March 6, 2020. This proposed CUP is to allow for the extending the current tower to be increased thirty (30) feet resulting in an 80-foot commercial telecommunication facility for internet wireless communications. This facility will be located on a 1.22/- acre property that is zoned R5 (Residential Recreation Community) Zoning District. (Shawneeland subdivision) The 2035 Comprehensive 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. 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 08/19/20 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. 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 PLANNING COMMISSION SUMMARY AND ACTION FOR THE 08/19/20 MEETING: Mark R. Cheran, Zoning & Subdivision Administrator reported, this is a request for a Conditional Use Permit (CUP) to construct an 80’ commercial telecommunication facility. He continued, the property is located on Darkwood Trail in Shawneeland and is zoned R5 (Residential Recreational Community) and is in the Back Creek Magisterial District. He noted, the current land use is vacant, as well as the surrounding properties. Mr. Cheran explained, the Page 4 CUP #06-20 Darin Hockman August 27, 2020 property currently has a 50’ small cell lattice tower approved by Frederick County on March 6, 2020; this proposed CUP is to allow for the current tower to be increas ed by 30’ resulting in an 80-foot commercial telecommunication facility for internet wireless communications. He continued; the Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the R5 Zoning District with an approved CUP. He noted, 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. He provided a location map of the property. Mr. Cheran shared the conditions as recommended by Staff. 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. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 4. An expansion or modification of this use will require a new Conditional Use Permit. A motion was made by Commissioner Jewell and seconded by Commissioner Marston and unanimously passed to recommend approval of CUP#06-20 for Darin Hockman. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.