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HomeMy WebLinkAbout10-21 BOS Staff ReportCONDITIONAL USE PERMIT #10-21 David Hermens Wireless Telecommunication Tower Staff Report for the Board of Supervisors Prepared: January 27, 2022 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 Recommended Denial Board of Supervisors: 11/10/21 Tabled for 90 Days Board of Supervisors: 02/09/22 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) to allow for a 90-foot wireless telecommunication tower located at 101 Greenway Court, Winchester, in the Back Creek Magisterial District. The subject tower 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. This application was postponed from the Board of Supervisors November 10, 2021 meeting to the February 9, 2022 meeting. 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 #10-21, David Hermens Wireless Telecommunication Tower January 27, 2022 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 allow for a 90-foot wireless telecommunication 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 Marshal: Plans approved. Winchester Regional Airport: No comment. Page 3 CUP #10-21, David Hermens Wireless Telecommunication Tower January 27, 2022 Planning and Zoning: The Frederick County Zoning Ordinance allows for the construction of telecommunication facilities in the RA Zoning District only with an approved Conditional Use Permit (CUP). The subject application has been applied for to address and abate a zoning violation due to the construction of a 90’ telecommunication tower for wireless internet communication without first obtaining a CUP. Approval of a CUP by the Board of Supervisors is one avenue to abate this violation. This tower is located on a 2.4+/- acre property that is zoned RA (Rural Areas) Zoning District and primarily used for residential purposes. The Comprehensive Plan provides guidance when considering any land use action. The Comprehensive Plan identifies this area of the County to remain rural and is not part of any current land use study. The properties immediately adjacent to this proposed CUP are also zoned RA and are utilized for residential uses. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 10/20/21 MEETING: Staff provided an overview of the application and the proposed conditions. The Commission inquired about the fall radius of the proposed tower and who constructed the tower. The Applicant came forward to address questions, it was later noted that the tower was constructed by Winchester Wireless. During the public hearing, no one came forward to speak. The Commission noted concern that the tower was constructed without a permit and the number of homes that this tower would serve. The Applicant stated that the tower was not intended to serve other homes but noted the condition regarding collocating. A motion made by Commissioner Jewell and seconded by Commissioner Oates to deny this application. Yes: Jewell, Brumback, Kozel, Manuel, Oates, Thomas, Triplett, Mohn, Kenney No: Dawson, Morrison (Note: Commissioner Molden was absent from the meeting.) BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 11/10/21 MEETING: This application was postponed from the Board of Supervisors November 10, 2021 meeting to the February 9, 2022 meeting. 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.