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HomeMy WebLinkAbout14-21 PC Staff ReportCONDITIONAL USE PERMIT #14-21 Terrence Price Wireless Telecommunication Tower Staff Report for the Planning Commission Prepared: January 11, 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: 01/19/22 Pending Board of Supervisors: 02/09/22 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) to allow for the construction of a 60-foot wireless telecommunication tower for personal use, at 1104 Rockwood Trail, in the Back Creek Magisterial District. The subject property is zoned R5 (Residential Recreational Community) District and is within the Shawneeland subdivision. 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 for the applicant’s personal wireless service use only. 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 #14-22, Terrence Price Wireless Telecommunication Tower January 11, 2022 LOCATION: This property is located at 1104 Rockwood Trail, Winchester, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 49B03-123-251 PROPERTY ZONING & PRESENT USE: Zoned: R5 (Residential Recreational Community) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: R5 (Residential Recreational Community) Use: Vacant South: R5 (Residential Recreational Community) Use: Vacant East: R5 (Residential Recreational Community) Use: Vacant West: R5 (Residential Recreational Community) Use: Vacant PROPOSED USE: This is a request for a Conditional Use Permit to allow for a 60-foot wireless telecommunication tower. REVIEW EVALUATIONS: Virginia Department of Transportation: The review of this application for a Conditional Use Permit for this property has been completed. It appears to have no impact on a VDOT facility. The location of the tower is within a private subdivision. VDOT has no further comments. Winchester-Frederick County Health Department: According to the revised site plan for the house location approved by this office on 10-13-21, the conflict with the proposed tower has been resolved. The tower and/or guy wires should remain 10’ minimum from the building sewer from the garage and the septic/pump. Frederick County Inspections: Tower, foundation, and related building and/or structures shall comply with the 2018 Virginia Building Code. Tower shall be designed in accordance with the provisions of the TIA -222 and shall be of noncombustible material. Towers shall be located such that guy wires and other accessories shall not cross or encroach upon any street or other public spaces, or over above-ground electric utility lines without written consent. Access to the tower sit es shall be limited as required by applicable OSHA, FCC and EPA. The tower, foundation and any other related buildings/structures require permits. All structural plans submitted for permit application shall be sealed by a VA Design Page 3 CUP #14-22, Terrence Price Wireless Telecommunication Tower January 11, 2022 Professional. Special inspection requirements of Chapter 17 of VBC may apply to this type of structure. Frederick County Fire Marshal: Plans approved. Winchester Regional Airport: No comment. Frederick Water: No comment. City of Winchester: No comment. Planning and Zoning: This proposed 60-foot commercial telecommunication facility is located on a 1.9 +/- acre property that is zoned R5 (Residential Recreational Community) District. The Zoning Ordinance allows for commercial telecommunication facilities in the R5 Zoning District with an approved CUP. The Comprehensive Plan provides guidance when considering any land use action. The Comprehensive Plan identifies this area of the County to remain residential in nature which is consistent with the current zoning and use of the site. The properties adjacent to this proposed tower are vacant and zoned R5 District. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.