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HomeMy WebLinkAbout10-21 PC Staff ReportCONDITIONAL USE PERMIT #10-21 David Hermens Wireless Telecommunication Tower Staff Report for the Planning Commission Prepared: October 8, 2021 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: 10/20/21 Pending Board of Supervisors: 11/10/21 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to construct a 90-foot wireless telecommunication 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. 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. Page 2 CUP #10-21, David Hermens Wireless Telecommunication Tower October 8, 2021 LOCATION: This property is located at 101 Greenway Court, Winchester, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 60A-2A-A-16 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: Vacant East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Residential PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of a 90-foot Wireless Telecommunications Tower. REVIEW EVALUATIONS: 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, 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..). Frederick County Fire Marshall: Plans approved. Winchester Regional Airport: No comment. Page 3 CUP #10-21, David Hermens Wireless Telecommunication Tower October 8, 2021 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. This proposed 90-ft wireless telecommunication tower 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. This proposed 90-foot telecommunication tower is located on a 2.4+/- acre property that is zoned RA (Rural Areas) Zoning District. The Comprehensive Plan identifies this area of the County to remain rural and is not part of any current land use study. The Frederick County Zoning Ordinance allows for the construction of 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. STAFF CONCLUSIONS FOR THE 10/20/21 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.