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Home My WebLink About06-22 BOS Staff Report - November CONDITIONAL USE PERMIT #06-22 Kimerly G. Henry Wireless Telecommunication Tower Staff Report for the Board of Supervisors Prepared: October 26, 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: 09/21/22 Recommended Approval Board of Supervisors: 10/12/22 Postponed Board of Supervisors: 11/09/22 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for Kimerly G. Henry to allow for the construction of a 180-foot monopole-type commercial telecommunication tower. Should the Board of Supervisors find this application for a wireless telecommunication tower to be appropriate, the Planning Commission recommended that the following conditions be attached to the CUP. 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall not exceed 180-feet in height. 3. The tower shall be available for collocating personal wireless service providers. 4. A minor site plan shall be approved by Frederick County. 5. The tower shall be removed by the Applicant or the property owner within twelve (12) months of abandonment of operation. 6. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 7. 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. 122 Page 2 CUP #06-22, Kimerly G. Henry Wireless Telecommunication Tower October 26, 2022 LOCATION: This property fronts Fort Collier Road, the rear abuts Baker Lane and adjacent of the Winchester Eagles Club. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-97F PROPERTY ZONING & PRESENT USE: Zoned: B2 (General Business) District Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B3 (Industrial Transition) Use: Vacant South: B2 (General Business) Use: Fraternal Lodge East: RP (Residential Performance) Use: Open Space West: B2 General Business) Use: Commercial PROPOSED USE: This is a request for a Conditional Use Permit to allow for a 180-foot monopole-type commercial telecommunication tower. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 1200, (Baker Lane), the VDOT facility providing access to the property. The current entrance to the site does not meet VDOT criteria for a low volume commercial entrance. Once the entrance to the property is upgraded (under VDOT Land Use Permit) to a low volume commercial entrance, VDOT could support the CUP. Should the use expand in the future, the entrance will need to be reviewed, to determine if additional improvements may be required. Winchester-Frederick County Health Department: This lot is vacant. Has access to public water and sewer. There is no septic or well. No potential encroachment with proposed tower. No objections. Frederick County Inspections: Please see attached comments form from Mark Fleet, Building Official dated April 27, 2022. Frederick County Fire Marshal: Plans approved. Winchester Regional Airport: Please see attached letter from Nick Sabo, Executive Director dated May 3, 2022. 123 Page 3 CUP #06-22, Kimerly G. Henry Wireless Telecommunication Tower October 26, 2022 Frederick County Public Works: No comment. Frederick Water: No comment. City of Winchester: No comment. Planning and Zoning: The Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering any land use action. This proposed 180-foot monopole-type commercial telecommunication facility is located on a vacant 7.97 +/- acre property that is zoned B2 (General Business) Zoning District. This property is within the Urban Development Area (UDA) and Sewer Water Service Area (SWSA) identified within the Comprehensive Plan; and is located within Eastern Frederick County Long Range Land Use Plan. This area of the County is intended to remain commercial in nature. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the B2 (General Business) Zoning District with an approved Conditional Use Permit (CUP). This proposed 180-foot monopole-type commercial telecommunication facility will be located on property that is zoned B2. The properties adjacent to this proposed CUP are zoned B2/B3. The nearest residential dwellings are approximately 1,000 feet to the west and east of this property. The zoning ordinance requires that all proposed telecommunication facilities be subject to additional performance standards to promote orderly economic development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas and properties of significant historic value. Furthermore, the Frederick County Zoning Ordinance requires an Applicant to provide confirmation that an attempt was made to collocate on an existing telecommunication facility, and possible collocation structures. The Applicant has provided an inventory of existing telecommunication facilities, and alleges no other telecommunication facility or viable collocation structures exist in this area. Should this facility be approved this commercial telecommunication facility could be positioned to provide the existing and future land uses in this area of the County with telecommunication needs. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 09/21/22 MEETING: The Planning Commission voted 12-0 to forward this Conditional Use Permit (CUP) for a 180-foot monopole-type commercial telecommunication tower to the Board of Supervisors with the following conditions be attached to the CUP: 124 Page 4 CUP #06-22, Kimerly G. Henry Wireless Telecommunication Tower October 26, 2022 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall not exceed 180-feet in height. 3. The tower shall be available for collocating personal wireless services providers. 4. A minor site plan shall be approved by Frederick County. 5. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 6. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 7. Any expansion or modification of this use will require a new Conditional Use Permit. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 10/12/22 MEETING: The Board of Supervisors meeting held on October 11,2022 voted to table this application until the Board of Supervisors November 9, 2022, meeting. This tabling of the application was for the applicant to provide the following information: • A further explanation of the search area used in siting the proposed tower, in particular, the radius used (specifically, whether ½ mile, 3 miles, or some other distance) and reasons regarding the specific radius used; • Appropriateness of co-location at towers/antennae sites within the same distance or less than those that the applicant identified on page 1 of his materials, including sites at or near 1216 Berryville Avenue, 103 East Piccadilly Street, 193 Eddys Lane, 143 Greenwood Road, 220 Imboden Drive, and 1122 Ralph Shockey Drive; • For sites appropriate for co-location, verified evidence of attempts to contact the owners, such as return receipts and documentation of any responsive communications from the owners of such sites; • An affidavit – a document attested to before a notary public – by the applicant that he is aware that he may be held responsible for the removal of the tower upon discontinuance of its use for more than 12 months; and • Any measures to mitigate the impact of the placement of the tower as proposed. The applicant has provided additional information on the surrounding telecommunication towers which is attached to this report. 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. 125