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HomeMy WebLinkAbout06-05 PC Staff ReportCONDITIONAL USE PERMIT #06-05 CINGULAR WIRELESS – ARMEL Staff Report for the Planning Commission Meeting Prepared: December 29, 2005 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: 01/18/05 Pending Board of Supervisors: 02/08/05 Pending LOCATION: This subject property is located at 218 Tadpole Lane (Route 642). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 76-A-47 PROPERTY ZONING & PRESENT` USE: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas)Land Use: Residential South: RA (Rural Areas)Land Use: Vacant East: M-1 (Industrial Light)Land Use: Warehouse West: RA (Rural Areas)Land Use: Agricultural PROPOSED USE: 190 Foot Monopole-type Commercial Telecommunications facility Conditional Use Permit #06-05, Cingular Wireless – Armel December 29, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have no measurable impact on Rt. 642, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Inspections Department: Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, Use Group U (Utility and Miscellaneous) of The International Building Code/2000. Structural plans submitted for permit application shall be sealed by a Va. Licensed Design Professional. Please note the requirements in Chapter 17 Special Inspections for this type structure, soils, concrete, bolts, etc. All chapter 1 VUSBC min. inspections shall be conducted by the Frederick County inspection staff. Request to utilize a third party inspection agency, (that complies with the Frederick County policy), shall have prior approval granted by the Building Code Official. Fire Marshal: Plan approval recommended. Winchester Regional Airport: The Winchester Regional Airport Authority offers the following comment on the proposed site plan as conditions to be included for approval of this site plan: 1) Structure should be marked and lighted in accordance with FAA Advisory Circular 70/7460-1J, Obstruction Marking and lighting, Chapters 4, 8 (M-Dual) & 13. Provided that this condition is met, the Winchester Regional Airport Authority has no objections to this site plan. Planning and Zoning: 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 Frederick County Zoning Ordinance specifies that a CUP for a commercial telecommunication facility may be permitted, and subject to additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. In addition commercial telecommunication facilities may be permitted provided that residential properties, land use patterns, scenic areas, and properties of significant historic values are not negatively impacted. A minor site plan shall be approved by Frederick County prior to any construction. Background: The applicant proposes to build a 190-foot monopole-type telecommunication facility that is designed to accommodate commercial telecommunication carriers. The proposed facility will be located on an 8-acre site located on Tadpole Lane. This proposed commercial telecommunication facility should it be approved, will be in conformance with Section 704 of the Telecommunication Act of 1996. Conditional Use Permit #06-05, Cingular Wireless – Armel December 29, 2005 Page 3 The applicant has shown on maps, and justification statement; that there are currently five (5) existing facilities or appropriate structures available for co-location. Staff has inventoried and mapped existing commercial telecommunication facilities and antennas within the general area of this application. Staff believes that a new commercial telecommunication facility may not be appropriate in this area due to existing facilities. The maps provided within the application, analyzing coverage need in this area, may not be sufficient to determine the adequacy of the search area. Furthermore, based on the other identified co-location sites in this area of the County, this proposed application does not appear to meet the intent of Section 165-48.6 of the Frederick County Zoning Ordinance. STAFF CONCLUSIONS FOR THE 01-18-06 PLANNING COMMISSION MEETING: Staff believes that this application for a commercial telecommunication facility does not adequately addressed the requirements of Section 165-48.6 of the Frederick County Zoning Ordinance in that a need for this facility, based on a lack of coverage and capacity in this part of Frederick County, has not been demonstrated. In any event should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: 1.All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2.The tower shall be available for co-locating personal wireless service 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, than the CUP will be deemed invalid. 6.A certified Virginia engineer shall provide 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. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.