HomeMy WebLinkAbout09-20 PC Staff ReportCONDITIONAL USE PERMIT #09-20
Richard Daugherty & Susan Daugherty
Commercial Telecommunication Facility
Staff Report for the Planning Commission
Prepared: August 6, 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
LOCATION: This property is located at 348 Peeper Lane, Winchester, Virginia.
PROPOSAL AND 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 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. 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, 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 #09-20 - Richard Daugherty & Susan Daugherty
August 6, 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.).
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CUP #09-20 - Richard Daugherty & Susan Daugherty
August 6, 2020
Winchester-Frederick County Health Department: I have reviewed your request and this
office has no objections to the wireless internet tower.
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.
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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