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Home My WebLink About10-11 Statement of JustificationACO PROPERTY ADVISORS, INC. NEW YORK OFFICE 184 EDIE ROAD SARATOGA SPRINGS, NY 12866 FAX (518) 584-9967 MARYLAND OFFICE 7050 OAKLAND MILLS RD., STE 130 COLUMBIA, MD 21046 FAX (443) 864-5773 STATEMENT OF JUSTIFICATION [To supplement Item No. 12 (additional comments) on the Conditional Use Permit ("CUP") Application] The Applicant, New Cingular Wireless PCS, LLC dba AT&T Mobility ("AT&T"), is licensed by the Federal Communications Commission ("FCC") to provide state-of-the- art wireless communications services within Frederick County, Virginia. Applicant seeks a CUP pursuant to §§165-103.01-165-103.08 of the Frederick County Zoning Ordinance ("Zoning Ordinance") for a wireless communication facility ("WCF") to be comprised of twelve (12) antennas mounted at a centerline height of one hundred and ninety feet (190') above ground level ("AGL") on a new one hundred and ninety-five foot ("195'")monopole (199', including 4 ' lightning rod). The facility is proposed to be located on Tax Map Parcel No. 59-A-6, 3392 Back Mountain Road, Winchester, Virginia 22602. The proposal will also include the installation of a 11'-5'x20' ancillary equipment shelter and required utility connections near the base of the monopole. The entire 40'x 80' compound will be surrounded by a eight -foot high (8') chain linked fence with appropriate landscaping. Access to the facility will be from Back Mountain Road along a proposed 20' wide drive. COMPLIANCE WITH ZONING ORDINANCE The subject parcel is located within the Rural Areas ("RA") District. Section 165-204.19 of the Zoning Ordinance deals with the siting of telecommunications facilities and their consideration for installation in RA districts through the conditional use permit/public hearing process. AT&T's CUP application is in compliance with the requirements for submission noted in §165-204.19(A)(1)-(4) and the standards set forth in §165- 204.19(B)(1)-(7). Site plans of the proposal have been included pursuant to §165-103.06 of the Zoning Ordinance. The minimum lot area in the RA district is two (2) acres per §165-401.05 of the Zoning Ordinance. The parcel on which the proposed wireless communications facility ("WCF") would be sited ("subject parcel") is 75.73 acres, and because the WCF will be Real Estate Consultants • Development • Brokerage • Wireless Services AACO PROPERTY ADVISORS, INC. C O NEW YORK OFFICE MARYLAND OFFICE 184 EDIE ROAD 7050 OAKLAND MILLS RD., STE 130 SARATOGA SPRINGS, NY 12866 COLUMBIA, MD 21046 FAX (518) 584-9967 FAX (443) 864-5773 located in a leased area, the lot size of the subject parcel is not proposed to change with this project. Therefore, lot size remains satisfied. The only state road adjacent to the subject parcel is Back Mountain Road. Section 165- 401.07(A)(1) requires a setback of at least sixty feet (60') from the edge of the right-of- way of a secondary road. Proposed improvements will be located approximately five hundred sixty one feet (561') from Back Mountain Road. Parcels in the RA district must have side and rear yards of at least fifty feet (50') (if adjoining parcel is six (6) acres or less) or one hundred feet (100') (if adjoining parcel is more than six (6) acres). In this case, the improvements will comply because they will be located 315' and 217' from the side and rear property lines respectfully. Section 165-401.08(A)(1)(c) mandates that lots fronting on existing state roads have a setback of two hundred and fifty feet (250') at the front setback line. Here, there is a setback of approximately 561'. AT&T will comply with all applicable federal regulations regarding interference and electro -magnetic radiation. The objective of this site is to provide enhanced coverage along Back Mountain Rd -SR - 600, SR -608 Wardensville Grade, SR -622 Cedar Creek Grade, SR -628 Middle Road, Mount Williams, and surrounding communities. The site will provide good overlapping coverage with existing sites in Winchester, VA. Please see the attached propagation maps showing anticipated coverage from the proposed facility. In cases where visibility is a concern, a monopole design is typically used instead of a lattice or guyed tower. In this case, the use of a monopole will lessen the visual impact. The Winchester Regional Airport is requesting that the top of the monopole be marked or lighted. If the Board requires the tower to be lit as a condition of approval, then AT&T is proposing the installation of a lighting shield which will minimize the visual impact of the lights to the surrounding area. An overall pole height of 195' AGL is necessary for radio frequency ("RF") propagation to sufficiently address the need in this area. The predicted coverage assumes a 12 - antenna array mounted at 195' AGL. Flush -mounted antennas are not appropriate in this case because this site is designed to provide coverage to an area not currently served Real Estate Consultants • Development • Brokerage • Wireless Services ACO ACO PROPERTY ADVISORS, INC. NEW YORK OFFICE MARYLAND OFFICE 184 EDIE ROAD 7050 OAKLAND MILLS RD., STE 130 SARATOGA SPRINGS, NY 12866 COLUMBIA, MD 21046 FAX (518) 584-9967 FAX (443) 864-5773 by AT&T and because the use of flush -mounted antennas would require four (4) centerline heights (with three (3) antennas each) in order to achieve the 12 -antenna design that the RF engineer has called for. The use of four (4) flush -mounted arrays at different heights would result in compromised coverage because antennas mounted at lower heights would not propagate as far. Additionally, deploying four (4) flush - mounted arrays for one carrier would unnecessarily eliminate the availability of two (2) rad centers for future collocators and make the remaining available heights less attractive. This would have the effect of discouraging collocation and would run contrary to the intent of both the Zoning Ordinance and the Comprehensive Plan. The proposed monopole will be designed to accommodate a total of three (3) additional carriers in order to minimize the construction of additional telecommunications facilities in the future. AT&T shall reasonably cooperate with all other carriers in order to accommodate use on the proposed monopole. Grading will be limited to the area necessary to construct the WCF and its access road connecting to Back Mountain Road. No painting or staining is proposed, other than that which may be required to meet the suggestion of the Winchester Regional Airport. When searching for possible sites to satisfy their RF objectives in a particular search area, AT&T first looks for existing structures which might be able to accommodate their antennas and equipment without the need for building a new support structure. In this case, there are no existing structures of sufficient height to provide sufficient coverage. Other structures in the area include agricultural and residential buildings, which are not adequate for providing sufficient coverage. CONSISTENCY WITH THE COMPREHENSIVE PLAN The 2007 Comprehensive Plan states, "[c]ertain types of business and industrial uses may be located at scattered rural locations if safe access is available, and if adverse impacts on surrounding areas and the rural environment can be avoided." Real Estate Consultants • Development • Brokerage • Wireless Services k ACO PROPERTY ADVISORS, INC. NEW YORK OFFICE 184 EDIE ROAD SARATOGA SPRINGS, NY 12866 FAX (518) 584-9967 MARYLAND OFFICE 7050 OAKLAND MILLS RD., STE 130 COLUMBIA, MD 21046 FAX (443) 864-5773 AT&T is committed to providing better coverage to the growing number of subscribers in this area and doing so with minimal impact to the surrounding community. Real Estate Consultants • Development • Brokerage • Wireless Services Sack Mountain Racey Parcel 10138160 4131 3392 Back Mountain Rd. (SR 600), Winchester, VA 22602 199ft. Monopole Simulation View #1 from Back Mountain Road approximately 3,350ft. northeast of site r GOULD DIGITAL iMAGIN",