005-16 (CUPVerizonWireless)
CONDITIONAL USE PERMIT #03-16
Cellco Partnership d/b/a Verizon Wireless
Staff Report for the Board of Supervisors
Prepared: July 14, 2016
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:
06/15/16 Public Hearing Held: Recommended Approval
ard of Supervisors:
Bo 07/27/16 Pending
EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION
FOR THE 07/27/16 MEETING:
This is a request for a Conditional Use Permit to enable the
construction of a 150-foot, Monopole Telecommunications Facility with a 50 x 50 foot
equipment compound and setback waiver. Should the Board of Supervisors 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 available for collocating personal wireless services providers.
3. A minor site plan shall be approved by Frederick County.
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.
The Planning Commission recommended approval of the Conditional Use Permit #03-16. In
addition a motion was made, seconded, and passed by majority to recommend approval of the
setback waiver for Verizon Wireless.
Should the Board of Supervisors find the waiver to the required setback is acceptable; a motion
identified property would be appropriate.
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CUP #03-16, Cellco Partnership d/b/a Verizon Wireless
July 14, 2016
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.
LOCATION:
This property is located at 143 Greenwood Road
MAGISTERIAL DISTRICT:
Redbud
PROPERTY ID NUMBER:
55-A-79
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Church
ADJOINING PROPERTY ZONING & PRESENT USE:
North: B2 (General Business) Use: Motorcycle Dealer
South: RP (Residential Performance) Use: Residential
East: RP (Residential Performance) Use: Residential
West: RP (Residential Performance) Use: Residential
PROPOSED USE:
This is a request for a Conditional Use Permit to enable the construction of
a 150-foot, Monopole Telecommunications Facility with a 50 x 50 foot equipment compound.
REVIEW EVALUATIONS:
Virginia Department of Transportation:
The application for a site plan for this property
appears to have little measurable impact on Route 656, the VDOT facility which would provide
access to the property. Present entrance is adequate for the proposed improvements. Should
business ever expand in the future, entrance may need to be upgraded.
Frederick County Inspections:
Structure shall comply with The Virginia Uniform Statewide
Building Code and Section 312, use group U (Utility and Miscellaneous) of The International
Building Code 2012.
Per the Section 102.3 of the Virginia Uniform Statewide Building Code, 2012 edition.
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CUP #03-16, Cellco Partnership d/b/a Verizon Wireless
July 14, 2016
Section 102.3 VUSBC exempts equipment, related wiring, and poles and tower supporting the
related wiring installed by a provider of publicly regulated utility service. The exemption shall
apply only if under applicable federal and state law the ownership and control of the equipment
and wiring is by the service provider or its affiliates. Such exempt equipment and wiring shall be
located on either public right-of-way or private property for which the service provider has rights
of occupancy and entry; however, the structures, including their service equipment, housing or
supporting such exempt equipment and wiring shall be subject to the USBC. The installation of
equipment and wiring exempted by this section shall not create an unsafe condition prohibited by
the USBC.
Prefabricated shelters/canopy exceeding 150 sq. ft. requires a building permit. Plans submitted
shall be sealed by a Virginia Registered Design Professional.
Please note the requirements in Chapter 17 of the IBC for special inspections for this type of
structure (soil, concrete, bolts, etc.).
Soil investigations/testing is required due to the potential sink holes located on site prior to
placement of concrete slap.
Winchester-Frederick County Health Department:
The Frederick County Health Department
has no objection to this project since no existing well or onsite sewage disposal system sites will
be affected by the construction.
Frederick County Sanitation Authority:
The request would not require service from FCSA.
FCSA offers no additional comments.
Frederick County Fire Marshall:
Plans approved.
City of Winchester:
No comments.
Winchester Regional Airport:
Please see attached letter from Serena Manuel, Executive
Director dated March 2, 2016.
Frederick County HRAB Comments:
Please see attached letter from Candice Perkins,
Assistant Director dated May 24, 2016.
Planning and Zoning:
The 2030 Comprehensive Policy Plan of Frederick County
150-foot monopole-type commercial telecommunication facility is located on a 22.6 +/- acre
property that is zoned RA (Rural Areas). The property is located within the UDA and SWSA as
identified within the Comprehensive Plan, and is located within the Senseny Road/ Eastern
Frederick Area Plan. These plans identify this area to remain residential in character. This
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CUP #03-16, Cellco Partnership d/b/a Verizon Wireless
July 14, 2016
proposed site is located within the vicinity of the Third Battle Field of Winchester area.
The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in
the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The
properties immediately adjacent to this proposed Conditional Use Permit (CUP) are currently
zoned RP (Residential Performance) Zoning District. The zoning ordinance requires that all
proposed telecommunication facilities be subject to additional performance standards in order 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. The Frederick County Historic Resources Advisory Board (HRAB) has reviewed
this proposed use in relationship to its location within the Third Battle Field of Winchester area.
(See HRAB comments.)
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.
Waiver:
This proposed telecommunication tower is required to be setback from the property line 165 ft.
(tower is 150 ft. in height the RA Zoning District height maximum is 35 150-35= The
normal setback (50) per RA Zoning District plus one foot for every foot over the maximum
height of the district (35) this telec
cannot be met.
The Applicant is requesting a waiver to reduce the required setback as set forth in Section 165-
204.19 of the zoning ordinance. 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 this waiver be granted, the result will be a 65 foot setback
reduction. -.
STAFF CONCLUSIONS FOR THE 06/15/16 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
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CUP #03-16, Cellco Partnership d/b/a Verizon Wireless
July 14, 2016
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.
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 Planning Commission find the waiver to the required setback is
acceptable; a motion to recommend to allow the tower to be
PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/15/16 MEETING:
facility with Staff continued the property
is currently zoned RA (Rural Areas) District and the surrounding properties are RP (Residential
Performance) District with the exception of the property to the north which is B2 (General
Business) District. Staff noted the property that is zoned B2 is the former location of
Shenandoah Honda.
Staff reported the Frederick County Zoning Ordinance allows for commercial
telecommunications facilities in the RA (Rural Areas) Zoning District with an approved CUP
facility is located on a 22.6 +/- acre parcel that is zoned RA. Staff continued the property is
located within the UDA and SWSA as identified within the Comprehensive Plan and is located
within the Senseny Road/Eastern Frederick Area Plan. Staff noted these plans identify this area
is to remain residential in character and this proposed site is located within the vicinity of the
Third Battlefield of Winchester area.
Staff concluded the Applicant is requesting a waiver to reduce the required setback as set forth in
Section 165-204.19 of the Frederick County Zoning Ordinance. Staff noted should this waiver
be granted, the result would
CUP:
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CUP #03-16, Cellco Partnership d/b/a Verizon Wireless
July 14, 2016
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.
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.
Mr. Ed Donahue representing the Applicant, reported this application is a critical need for
Verizon Wireless and it is a co-location site in which Shentel has expressed interest to locate on
the property.
A Commission Member inquired if the tower signals would interfere with typical household
electronics. Mr. Donahue explained the tower cannot interfere due to FCC licensing and strict
regulations.
A Commission Member asked if Frederick County Public Schools have been contacted about
locating the tower on their property. Mr. Donahue explained the school system was contacted in
2013 and showed little interest; in 2014 the Applicant was notified that Frederick County Public
Schools was not interested in placing the tower on any of their properties.
Anneke Tavenner of 103 Battlefield Drive came forward and explained she will be able to view
the tower from her home and is concerned it will decrease the value of her property. She noted
she would like clarification on the setback waiver. James Tavenner of 103 Battlefield Drive also
requested clarification on the setback waiver and would like to have the location pinpointed.
Mr. Kabat Gowdy on behalf of the Applicant explained the setback requirement. He reported the
Staff noted a picture of the site plan is in the agenda package and can be shared with the
adjoining property owners to clarify the location of the tower.
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CUP #03-16, Cellco Partnership d/b/a Verizon Wireless
July 14, 2016
A Commission Member inquired what the diameter of the monopole is. Mr. Gowdy explained a
monopole
the top of the pole could be 30-36 inches.
A Commission Member noted the design of the pole must fall within the setback and is the
Applicant confident of this. Mr. Gowdy explained these types of poles are pre-engineered to
collapse within itself and he feels confident the setback will be met.
A Commission Member asked if during the placement process the Applicant is using the
topography to determine the location. Mr. Gowdy stated no; the section of this property where it
is being placed is high and they would need a taller tower if it were put at a lower point. The
Commission Member inquired what is the general area intended to be accommodated by the
tower. Mr. Gowdy noted it is the area between Route 7 and I-81 that is experiencing problems.
A Commission Member expressed his frustration with the school system not accepting the tower
on one of their sites. Another Commission Member feels it is a missed opportunity for the
schools and understands the application needs to move forward.
The Planning Commission recommended approval of the Conditional Use Permit #03-16. In
addition, a motion was made, seconded, and passed by majority to recommend approval of the
setback waiver for Verizon Wireless.
Absent: Dunlap, Triplett, Kenney
CONCLUSION FOR THE 07/27/16 BOARD OF SUPERVISORS MEETING:
Should the Board of Supervisors 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 available for collocating personal wireless services providers.
3. A minor site plan shall be approved by Frederick County.
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.
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CUP #03-16, Cellco Partnership d/b/a Verizon Wireless
July 14, 2016
6. Any expansion or modification of this use will require a new Conditional Use Permit.
The Planning Commission recommended approval of the Conditional Use Permit #03-16. In
addition, a motion was made, seconded, and passed by majority to recommend approval of the
setback waiver for Verizon Wireless.
Should the Board of Supervisors find the waiver to the required setback is acceptable; a motion
identified property would be appropriate.
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.
165
163
CUP # 03 - 16
MERLOT DR
MORGAN
MILL RD
163
MERLOT DR
Grace Brethren Church
149
154
161
MORGAN
250
250
MORGAN
PIN:
MILL RDMERLOT DR
FIRST
FIRST
MILL RD
WOODS DR
WOODS DR
55 - A - 79
139
159
MORGAN
MERLOT DR
Cell Partnership for Verizon Wireless Tower
MILL RD
157
140
MERLOT DR
MORGAN
127
01
MILL RD
155
MORGAN
7
MERLOT DR
MILL RD
153
126
MERLOT DR
MORGAN
MILL RD
151
136
MERLOT DR
PIONEERS RD
135
118
134
PIONEERS RD
GREENWOOD RD
PIONEERS RD
2098
PIONEERS RD
BERRYVILLE
131
PIKE
132
PIONEERS RD
PIONEERS RD
2118
2126
BERRYVILLE
PIONEERS RD
128
BERRYVILLE
PIKE
PIONEERS RD
PIKE
142
GREENWOOD RD
126
2140
PIONEERS RD
BERRYVILLE
124112
PIKE
PIONEERS RDPIKESIDE DR
122
PIONEERS RD
2196
PIONEERS RD
BERRYVILLE
2178
PIONEERS RDPIKE
BERRYVILLE
112
120
PIKE
159
PIKESIDE DR
CUP #03-16
PIONEERS RD
117
GREENWOOD RD
PIONEERS RD
118
PIONEERS RD
167115
GREENWOOD RDWINNS
116
CIR
PIONEERS RD
17555 A 79
113
GREENWOOD RD
WINNS
114
CIR
PIONEERS RD
181
GREENWOOD RD
111
112
WINNS
PIONEERS RD
189
CIR
GREENWOOD RD
110
109
PIONEERS RD
101
114
112WINNS CIR110
116
BATTLEFIELD DR
WALLS
108WALLSWINNS CIR
WALLS
CIR
110
103107
108
CIR
PIONEERS RD
CIR
108
WALLS
BATTLEFIELD DRWINNS
WALLS
106
WINNS CIR
CIR
CIR
105
118
CIR
PIONEERS RD
BATTLEFIELD DR
WALLS
107105
100
CIR
106
BATTLEFIELD DRWINNS
109
PIONEERS RDWINNS CIR
WALLS CIR
CIR
100
BATTLEFIELD DR120
111
102
109
BATTLEFIELD DR103
104
WALLS
BATTLEFIELD DR
PIONEERS RD
113
WALLS
117WINNS
WALLS CIR
CIR
BATTLEFIELD DR
106CIR
CIR
WALLS
122
115
BATTLEFIELD DR
CIR105
101
101102
WALLS
BATTLEFIELD DR
117
WALLS CIR
102
WINNS
FREEDOMWALLS
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BATTLEFIELD DR
FREEDOM
CIR
CIRCIR100
124
231
123
119
CIR
WALLS
103
112
WALLS CIR
GREENWOOD RD
WALLS
BATTLEFIELD DR
CIR
WALLS CIR
110216
BATTLEFIELD DR
104
125
CIR
BATTLEFIELD DRASBURY RD
121
FREEDOM
01
114
WALLS CIR
103
01
Applications
209
211
7
BATTLEFIELD DR
CIR
BATTLEFIELD DR 7
241FREEDOM
214
203
ASBURY RD
ASBURY RD
Parcels
106
CIR116
GREENWOOD RD
ASBURY RD
ASBURY RD
FREEDOM
BATTLEFIELD DR
Building Footprints
212
105
207
111
CIR
110120
104
ASBURY RD
FREEDOM205
ASBURY RD
123
251
B1 (Business, Neighborhood District)
TUCKS
TUCKSBATTLEFIELD DR
ARTILLERY RD
CIR
ASBURY RD
108BATTLEFIELD DR
118
GREENWOOD RD
CIR
210
B2 (Business, General Distrist)
CIR
FREEDOM
BATTLEFIELD DR
103
ASBURY RD
109
CIR107
135
B3 (Business, Industrial Transition District)
108
GREENWOOD RD208
SETTLERS
204
TUCKS
FREEDOM122102
ASBURY RD
TUCKS
ASBURY RD
CIR
110
EM (Extractive Manufacturing District)
ASBURY RD
CIR
CIR
BATTLEFIELD DRSETTLERS
CIR
133101
FREEDOM105
103
112109106
104
102
202
CIR
HE (Higher Education District)
107
ASBURY RDCANNON
265
CIR
SETTLERS
REBELS CIR
FREEDOMFREEDOMTUCKS
SETTLERS
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ASBURY RD
TUCKS CIR
CIR
M1 (Industrial, Light District)
CUP # 03 - 16
Note:
M2 (Industrial, General District)
Frederick County Dept of
MH1 (Mobile Home Community District)Grace Brethren Church
Planning & Development
I
MS (Medical Support District)
107 N Kent St
PIN:
Suite 202
OM (Office - Manufacturing Park)
55 - A - 79
Winchester, VA 22601
Cell Partnership for Verizon Wireless Tower
R4 (Residential Planned Community District)
540 - 665 - 5651
R5 (Residential Recreational Community District)
Map Created: March 14, 2016
RA (Rural Area District)
Staff: mcheran
RP (Residential Performance District)
0160320640Feet
Verizon Cell Tower
01
7
Note:
Frederick County Dept of
Planning & Development
I
Cell Tower
107 N Kent St
Suite 202
Applications
Winchester, VA 22601
Battlefield Foundation Parcels
540 - 665 - 5651
1 Mile Radius
Map Created: May 5, 2016
Parcels
Building Footprints
01,0002,0004,000Feet