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HomeMy WebLinkAbout09-20 BOS Staff ReportCONDITIONAL USE PERMIT #09-20 Richard Daugherty & Susan Daugherty 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 LOCATION: This property is located at 348 Peeper Lane, Winchester, Virginia. EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to construct a new 100-foot commercial telecommunication facility. This proposed new tower would replace an existing 90’ tower that was constructed without an approved CUP and therefore is a violation of the Zoning Ordinance. The Applicant is seeking approval of this CUP to abate the zoning violation. 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. The Applicant has secured and recorded a “tower easement” on the adjoining property identified by PIN# 22-A-19H for the purposes of the required setback fall area for the tower. Should this tower easement be vacated on 22-A-19H, the tower shall be removed within 30 days of notification by the County unless the Applicant can demonstrate through documentation by a Virginia certified engineer, that the tower would collapse in a contained area around the tower with a radius equal to or lesser than the setback, measured from the center line of the base of the wireless facility or wireless support structure per 165- 204.19C(3)a. 5. 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 #09-20 - Richard Daugherty & Susan Daugherty August 27, 2020 LOCATION: This property is located at 348 Peeper Lane, Winchester, Virginia. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 22-A-19G PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential/Vacant West RA (Rural Areas) Use: Vacant PROPOSED USE: This is a request for a Conditional Use Permit to construct a new 100-foot commercial telecommunication facility. This proposed new tower would replace an existing 90’ tower that was constructed without an approved CUP and therefore is a violation of the Zoning Ordinance. The Applicant is seeking approval of this CUP to abate the zoning violation REVIEW EVALUATIONS: Frederick County Fire Marshall: Plans Approved. Frederick County Inspections: Conditional Use Permit for installation of an internet tower shall be designed per the 2015 Virginia Building Code, 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 VBS. 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.). Winchester-Frederick County Health Department: I have reviewed your request and this office has no objections to the wireless internet tower. Page 3 CUP #09-20 - Richard Daugherty & Susan Daugherty August 27, 2020 If this office has been contacted to provide comment prior to the placement of the tower, it would have been suggested that the tower be kept 10 feet minimum from all components of the alternative onsite sewage system and reserve area. The tower and guy wires should be placed in a manner as to not prevent access to sewage system components with equipment required for maintenance and/or repair. Any vehicular traffic of equipment required for construction of the tower must not encroach on the sewage system or reserve area. Winchester Regional Airport: No comment. Planning and Zoning: Staff would note that this Conditional Use Permit (CUP) has been applied to address and abate a zoning violation due to the construction of a 90’ telecommunication tower for wireless internet communication on the subject property without first obtaining a CUP. Approval of a CUP by the Board of Supervisors is one avenue to abate this violation. It should be noted that the Applicant is seeking to construct a new 100’ tower which is intended to replace the 90’ tower currently on the property. This proposed 100 ft-commercial telecommunication facility is located on property that is zoned RA (Rural Areas) Zoning District and primarily used for residential purposes. 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 rural in nature and is not part of any current land use study. The Frederick County Zoning Ordinance allows for the construction of commercial telecommunication facilities in the RA Zoning District with an approved CUP. The properties immediately adjacent to this proposed CUP are also zoned RA and are utilized for residential uses. The Applicant has secured and recorded a “tower easement” on the adjoining property identified by PIN# 22-A-19H for the purposes of the required setback fall area for the tower. 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 CONCLUSION FOR THE 08/19/20 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit to construct a new 100-foot commercial telecommunication facility. This proposed new tower would replace an existing 90’ tower that was constructed without an approved CUP and therefore is a violation of the Zoning Ordinance. The applicant is seeking approval of this CUP to abate the zoning violation. 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. Page 4 CUP #09-20 - Richard Daugherty & Susan Daugherty August 27, 2020 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. The Applicant has secured and recorded a “tower easement” on the adjoining property identified by PIN# 22-A-19H for the purposes of the required setback fall area for the tower. Should this tower easement be vacated on 22-A-19H, the tower shall be removed within 30 days of notification by the County unless the Applicant can demonstrate through documentation by a Virginia certified engineer, that the tower would collapse in a contained area around the tower with a radius equal to or lesser than the setback, measured from the center line of the base of the wireless facility or wireless support structure per 165- 204.19C(3)a. 5. 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-foot commercial telecommunication facility; this proposed new tower is intended to replace an existing 90’ tower which was constru ction without an approved CUP. He continued; the property is located at 348 Peeper Lane, Winchester and is zoned RA (Rural Areas) District and is located within the Gainesboro Magisterial District. Mr. Cheran explained, the current land use is residential and surrounding land uses are residential and vacant; the Comprehensive Plan identifies this area of the County to remain rural in nature and is not part of any current land use study. He presented a location map of the property. Mr. Cheran explained, this CUP has been applied for in response to a zoning violation due to the construction of a 90’ telecommunication tower on the subject property without first obtaining a CUP; approval of a CUP by the Board of Supervisors is one avenue to abate this violation. He continued; the Applicant is seeking to construct a new 100’ tower which is intended to replace the 90’ tower currently on the property. He noted, the Applicant has secured and recorded a “tower easement” on the adjoining property identified by PIN # 22-A-19H for the purposes of the required setback fall area for the tower. He shared a map of the proposed location. Mr. Cheran explained, the Zoning Ordinance allows for commercial telecommunication facilities in the RA Zoning District with an approved Conditional Use Permit (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. Mr. Cheran shared the conditions recommended by Staff. Page 5 CUP #09-20 - Richard Daugherty & Susan Daugherty August 27, 2020 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. The Applicant has secured and recorded a “tower easement” on the adjoining property identified by PIN# 22-A-19H for the purposes of the required setback fall area for the tower. Should this tower easement be vacated on 22-A-19H, the tower shall be removed within 30 days of notification by the County unless the Applicant can demonstrate through documentation by a Virginia certified engineer, that the tower would collapse in a contained area around the tower with a radius equal to or lesser than the setback, measured from the center line of the base of the wireless facility or wireless support structure per 165-204.19C(3)a. 5. Any expansion or modification of this use will require a new Conditional Use Permit. Upon motion made by Commissioner Triplett and seconded by Commissioner Mohn and unanimously passed to recommend approval of CUP #09-20 for Richard and Susan Daugherty. 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.