HomeMy WebLinkAbout06-22 BOS Staff Report - October CONDITIONAL USE PERMIT #06-22
Kimerly G. Henry Wireless Telecommunication Tower
Staff Report for the Board of Supervisors
Prepared: September 29, 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 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.
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CUP #06-22, Kimerly G. Henry Wireless Telecommunication Tower
September 29, 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.
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CUP #06-22, Kimerly G. Henry Wireless Telecommunication Tower
September 29, 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 no other telecommunication facility or possible collocation
opportunity structures exist in this area. Should this facility be approved this commercial
telecommunication facility will 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:
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CUP #06-22, Kimerly G. Henry Wireless Telecommunication Tower
September 29, 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.
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.
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