HomeMy WebLinkAbout06-20 PC Staff ReportCONDITIONAL USE PERMIT #06-20
Darin Hockman-Commercial Telecommunication Facility
Staff Report for the Planning Commission
Prepared: August 5, 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 Pending
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 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. 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.
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CUP #06-20 Darin Hockman
August 5, 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.)>
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CUP #06-20 Darin Hockman
August 5, 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 a 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 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. 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
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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