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Home My WebLink About07-20 BOS Staff ReportCONDITIONAL USE PERMIT #07-20 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 a 100-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 #07-20 Darin Hockman August 27, 2020 LOCATION: This property is located at 201 Darterjo Drive, Middletown, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 84-A-27J PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of a 100-foot commercial telecommunication facility. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 1553, Darterjo Drive, the VDOT facility providing access to the property. A location has been identified for a low-volume commercial entrance, on Route 1553. The entrance will need to meet VDOT standards for the proposed use. Should the use ever expand in the future, the entrances will need to be reviewed, to determine if additional improvements may be required. 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. Page 3 CUP #07-20 Darin Hockman August 27, 2020 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.). Winchester Regional Airport: No comment. Planning and Zoning: Staff would note that this Conditional Use Permit (CUP) has been applied for in response to a complaint for the construction of a 100-foot lattice commercial telecommunication facility for internet wireless communication, on this property without an approved CUP. An approved CUP is one avenue to abate this violation. The 2035 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering any land use action. This proposed 100-foot telecommunication tower is located on a 9.56 /- acre property that is zoned RA(Rural Areas) Zoning District. The Comprehensive Plan identifies this area of the County to remain rural in nature and is not part of any current land use study. 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. 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 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 a 100’ commercial telecommunication facility for internet wireless communication. He continued, the property is located at 201 Darterjo Drive, Middletown and is zoned RA (Rural Areas) District and consists of 9.56+/- acres; it is located within the Back Creek Magisterial District. He noted, the current land use is vacant and Page 4 CUP #07-20 Darin Hockman August 27, 2020 surrounding land uses are residential and vacant; the Comprehensive Plan identifies this area of the County to remain rural in natures and is not part of any current land use study. Mr. Cheran explained, this CUP has been applied for in response to a complaint regarding the construction of a 100-foot lattice commercial telecommunication facility on this property without an approved CUP. He continued; the Zoning Ordinance allows for commercial telecommunication facilities in the RA Zoning District with an approve CUP. Mr. Cheran 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 shared a location map of the property. Mr. Cheran presented the conditions recommended by Staff. 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. Commissioner Thomas requested clarification as to the adjacent property owners; the list has one name, does that person own all the surrounding property. Mr. Cheran replied that is correct. Upon motion made by Commissioner Jewell and seconded by Commissioner Marston and unanimously passed to recommend approval of CUP#07-20 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.