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Home My WebLink About07-23 BOS Staff ReportCONDITIONAL USE PERMIT #07-23 Diamond Communications, LLC. – RLC Management Inc Monopole-Type Commercial Telecommunication Tower Staff Report for the Board of Supervisors Prepared: February 29, 2024 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: 02/21/24 Recommended Approval Board of Supervisors: 03/13/24 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) to enable the construction of a 185-foot monopole commercial telecommunications facility with an equipment compound and setback waiver located at 178 Rivendell Court in the Stonewall Magisterial District. 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. A minor site plan shall be approved by Frederick County prior to conducting the use. 4. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 5. 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. 6. Any expansion or modification of this use will require a new Conditional Use Permit. In addition, should the Board of Supervisors find the waivers to the required setback to be acceptable, a motion to recommend approval of a setback reduction to allow the tower to be constructed within the identified 77’ fall zone would be appropriate. See ‘Waivers’ section below for further details and note this request is predicated on the related telecom ordinance amendment being considered on the same agenda. 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 #07-23, Diamond Communications, LLC – RLC management Inc. February 29, 2024 LOCATION: This property is located at 178 Rivendell Court. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 42-A-198N PROPERTY ZONING & PRESENT USE: Zoned: B2 (General Business) Land Use: Self-storage facility. ADJOINING PROPERTY ZONING & PRESENT USE: North: Route 37 Use State Highway South: B2 (General Business) Use: Commercial East: RP (Residential Performance) Use: Residential West: B2 (Business General) Use: Commercial PROPOSED USE: This is a request for a Conditional Use Permit to allow for a 185-foot Monopole Commercial Telecommunication Facility with an equipment compound. REVIEW EVALUATIONS: Virginia Department of Transportation: No objection. Frederick-Winchester Health Department: No comments & no objections. Frederick County Inspections: The project shall meet the requirements of the 2018 Uniform Statewide Building Code. Frederick County Fire Marshal: Plans approved. Frederick County Public Works: We offer no comments at this time. Frederick Water: No comment. Winchester Regional Airport: See attached letter from Nick Sabo, AAE, Executive Director dated June 29, 2023. City of Winchester: No comments. Planning and Zoning: The Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering any land use action. This proposed 185-foot monopole-type commercial telecommunication facility is located on a 4.40 +/- acre property that is zoned B2 (General Business) Zoning District. This property is being used as a self-storage Page 3 CUP #07-23, Diamond Communications, LLC – RLC management Inc. February 29, 2024 facility. The 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/residential in nature. The commercial telecommunication facilities are allowed in the B2 (General Business) Zoning District with an approved Conditional Use Permit (CUP). 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. This proposed 185-foot monopole-type commercial telecommunication facility will be located on property that is zoned B2. The properties adjacent to this proposed CUP are zoned business. This proposed CUP is not adjacent to any residential dwellings, subdivisions or historical properties. The nearest residential dwellings are more than 1,000 feet to the south of this property. 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. Waiver: This proposed commercial telecommunication tower will require two (2) setback waivers. Towers that exceed the max height of a zoning district are required to be setback the prescribed amount plus one foot for every foot over the maximum height. The B3 zoning district has a max height of 35’ and the tower is proposed to be 185’ so each setback is increased by 100’. Front (South) Setback = 185’ (35’ setback + 150’ above max height) WAIVER NEEDED Side (East) Setback = 150’ (No Setback Standard B2 +150’ above max height) Side (West) Setback = 150’ (No Setback Standard B2+ 150’ above max height) Front (North) Setback = 200’ (50’ setback + 150’ above max height) WAIVER NEEDED The Front (South and North) setbacks require waivers as the tower will be located 80’ and 77’ from the property line respectively. Accordingly, the applicant has specified a 77’ fall zone, which would be the effective setback if the waivers are granted. The Applicant is requesting a waiver to reduce the required setbacks as set forth in Section 165- Page 4 CUP #07-23, Diamond Communications, LLC – RLC management Inc. February 29, 2024 204.19 of the zoning ordinance. Additionally, the applicant has requested an amendment to the same ordinance section that would allow for the setback to be reduced in accordance with an engineered fall zone without limitation. The current adopted ordinance does not allow applicants to reduce the setback to less than half the height of the tower. If item 6.C. is not adopted by the Board of Supervisors, this application would need to be revised in order to be in an approvable form. The Applicant has provided documentation from a certified Virginia engineer with verification that the tower is designed and will be constructed in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. Should the waivers be granted, the result will be a 105’ Front (South) setback reduction and a 123’ Front (North) setback reduction. STAFF CONCLUSIONS FOR THE 03/13/24 PLANNING COMMISSION MEETING: Should the Board find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 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. A minor site plan shall be approved by Frederick County prior to conducting the use. 4. The telecommunications tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 5. 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. 6. Any expansion or modification of this use will require a new Conditional Use Permit In addition, should the Board find the waivers to the required setback to be acceptable, a motion to recommend approval of a setback reduction to allow the tower to be constructed within the identified 77’ fall zone would be appropriate. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/21/24 MEETING: The Planning Commission recommended approval of this 185-foot monopole telecommunications facility with the necessary setback waivers. 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.