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HomeMy WebLinkAbout14-21 BOS Staff ReportCONDITIONAL USE PERMIT #14-21 Terrence Price Wireless Telecommunication Tower Staff Report for the Board of Supervisors Prepared: January 31, 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 Recommended Approval 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 Board of Supervisors find the use to be appropriate, the Planning Commission recommended the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 3. 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 #14-22, Terrence Price Wireless Telecommunication Tower January 31, 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 31, 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. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 01/19/22 MEETING: Candice E. Perkins, Assistant Director, reported this request for a CUP is 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. She continued; he proposed 60-foot commercial telecommunication facility is located on a 1.9+/- acre property. The Zoning Ordinance allows for commercial telecommunication facilities in the R5 Zoning District with an approved CUP. Ms. Perkins explained, 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. Ms. Perkins presented the Conditions of Approval as recommended by Staff: Page 4 CUP #14-22, Terrence Price Wireless Telecommunication Tower January 31, 2022 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating of 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. Commissioner Oates asked if the tower was attached to a building would they need a CUP. Ms. Perkins stated, in order to have administrative approval that would be the case up to 50-feet however this is 60-feet from the ground, so it needs a CUP. Commissioner Brannon stated she spoke with Mr. Price, and he has no intention to make this tower available to the public. Commissioner Thomas inquired, does the Applicant understand Condition #2 and if someone wants to collocate on the tower it would have to be allowed. Mr. Price, the Applicant came forward and stated it was his understanding if someone was going to collocate it would require a new CUP. Ms. Perkins explained, if someone else in the vicinity wanted wireless service the optional thing would be to collocate on an existing tower if at all possible and work with the property owner and the County. Mr. Price commented he is concerned as the property owner that he would be liable for what happens on the property if collocation is allowed. Commissioner Thomas inquired if he would have to get an indemnification from the person wanting to collocate that would indemnify him from any liability of is the County responsible since we are requiring him to allow others to collocate on the tower. Austin Cano, Assistant County Attorney commented he believes that is correct and would like to do more research before giving a definitive answer. Commission Manuel commented there would have to be a legal document between the property owner and those wishing to collocate. Commissioner Oates stated he feels Condition #2 should be removed and Commissioner Thomas agreed. Ms. Perkins commented Condition #2 can be removed by the Planning Commission. Commissioner Dawson inquired what if the property owner does want to have someone collocate after this is removed. Mr. Priced stated he does not want that. A motion was made, seconded, and unanimously passed to recommend approval of Conditional Use Permit #14-21 for Terrence Price with the removal of Condition #2 (Note: Commissioner Brumback and Commissioner Kozel were absent from the 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.