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HomeMy WebLinkAbout05-11 Statement of JustificationSTATEMENT OF JUSTIFICATION [To supplement Item No. 12 (additional comments) on the Conditional Use Permit 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 Conditional Use Permit ("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 seventy feet (170') above ground level ("AGL") on a new one hundred and seventy foot ("170"')monopole (1T, including lightning rod). The facility is proposed to be located on Tax Map Parcel No. 12-A-72, 575 Glengary Road, Winchester, Virginia 22603. The proposal will also include the installation of a11' -5'x20' ancillary equipment shelter and required utility connections near the base of the monopole. The entire 50'x50' compound will be surrounded by an eight -foot high (8') chain link fence and five-foot high (5') cattle fence. Access to the facility will be from Glengary Road, an existing road and will require the proposed twenty -foot wide (20') gravel access road to be approximately seventy-five feet (750') in length. 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 WCF would be sited ("subject parcel") is 103.48 acres, and because the WCF will be 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 Glengary 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. As shown on Sheet A-0 of the site plans included with this application, the proposed improvements will be located approximately three hundred and thirty-one (331') from Glengary 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 1578'-8", 1317-11", and 720'-6" from the side and rear property lines. 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 331.6'. AT&T will comply with all applicable federal regulations regarding interference and electro- magnetic radiation. The objective of this site is to provide coverage east of Glengary Road (State Highway 690) near Shockeysville Road, south of State Highway 45, west of Apple Ridge Road and north of State Highway 127 and to enhance coverage around Little Mountain and the surrounding areas. The proposed site will provide coverage in an area not currently served by AT&T. Please see the attached propagation maps showing anticipated coverage from the proposed facility.There are no existing structures of sufficient height adjacent to the site, and therefore a new tower is required to provide adequate service in the area. 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 and 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 176' 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 170' AGL. Flush -mounted antennas are not appropriate in this case because this site is designed to provide coverage to an area not currently served 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. In compliance with § 86-484.2(5) and as shown on Sheet A-1 of the enclosed plans, the proposed monopole will be designed to accommodate a total of three additional carriers. Grading will be limited to the area necessary to construct the WCF and its access road connecting to Glengary 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, the search area is generally northwest of Glengary Road, along the border between Virginia and West Virginia. Aside from existing residences and agricultural buildings, there were no other structures that were adequate for providing coverage. The search did not reveal any existing WCFs in the area that could provide opportunity for collocation or mitigation, as the nearest existing WCF is over four (4) miles away, west of the proposed site, near the intersection of Route 522 and Chapel Hill Road. 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." 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.