HomeMy WebLinkAbout01-05 BOS Staff ReportCONDITIONAL USE PERMIT #01-05
CINGULAR WIRELESS – M&M LP, LLP
Staff Report for the Board of Supervisors
Prepared: February 7, 2005
Staff Contact: Mark Cheran, Zoning and Subdivision 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: 02/02/05 Recommended Approval
Board of Supervisors: 02/23/05 Pending
LOCATION: This subject property is located at 3035 Cedar Creek Grade.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 61-A-117
PROPERTY ZONING & PRESENT` USE: RA (Rural Areas) Zoning District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District
Land Use: Orchard and Vacant
PROPOSED USE: 120- Foot Monopole-Commercial Telecommunications facility
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this property
appears to have little measurable impact on Rt. 622, 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. Structure plans submitted for permit application shall be sealed by a Va. Licensed
CUP #01-05, Cingular Wireless – John Marker
February 7, 2005
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Design Professional. Please note the requirements in Chapter 17 Special Inspections for this type
structure, soils, concrete, bolts, etc.
Fire Marshal: Plan approval recommended.
Winchester Regional Airport: The Winchester Regional Airport Authority offers the following
comments 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 Obstruction Marking and
Lighting regulations 2) Copy sent to the airport of FAA Form 7460-1, Notice of Actual Construction
or Alteration when filed and a copy of the FAA Determination Study when received. If these
conditions and any outlined in the completed FAA study are complied with, the Winchester Regional
Airport Authority has no objections to this conditional use permit; however, final comment will be
withheld pending a copy of the FAA study.
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. This proposed 120-foot monopole-type commercial telecommunication facility is located
outside of the Urban Development Area (UDA), and will not have any significant impacts on the
surrounding residential properties
The Frederick County Zoning Ordinance specifies that a commercial telecommunication facility may
be permitted provided that residential properties, land use patterns, scenic areas, and properties of
significant historic values are not negatively impacted. Staff would note that this proposed
commercial telecommunication facility will be located approximately 1.6 miles from the Opequon
Historical District. This historical district was identified and classified by the U.S. Department of the
Interior on March 29, 2002. This proposed site is located near the identified historic area.
Background: The applicant has provided an inventory of existing telecommunication facilities in
the area, and staff would concur that there are no existing facilities or appropriate structures available
for collation in this general area. The maps provided within the application, analyzing coverage need
in this area, appear to be sufficient to determine the adequacy of the search area, and the existing
coverage and capacity of the licensee holder in the vicinity of the proposed facility. As shown on the
maps, the coverage needs will be met by a facility at this location. The applicant proposes to build a
120-foot monopole-type telecommunication facility that is designed to accommodate commercial
telecommunication carriers. The proposed facility will be located on a 44-acre site located on Cedar
Creek Grade (Route 622). This proposed commercial telecommunication facility will be in
conformance with Section 704 of the Telecommunication Act of 1996. In evaluating this application,
it has been demonstrated that there is a need for the infrastructure within this area of the County as
identified.
CUP #01-05, Cingular Wireless – John Marker
February 7, 2005
Page 3
Site Plan: The Frederick County Zoning Ordinance requires a minor site plan for new commercial
telecommunication facilities. This site plan will address the location of a 10' by 20' equipment shelter
and lighting on the 120-foot monopole tower, to mitigate illumination to neighboring properties and
right-of-ways. 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. The setbacks for this proposed commercial
telecommunication facility will be approximately 300 feet from the road right-of-way, and 500 feet
from the rear setback.
STAFF CONCLUSIONS FOR THE 02-02-05 PLANNING COMMISSION MEETING:
Staff believes that this application for a commercial telecommunication facility has 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
been demonstrated. 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 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, 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.
PLANNING COMMISSION SUMMARY & ACTION OF THE 02/02/05 MEETING:
Questions from the Commission included whether or not the tower would be lighted, possible
impacts to the Opequon Historic District, and if all opportunities for collocation had been explored.
Regarding lighting, staff reported that under current height regulations, lighting is not required for
structures below 200 feet.
The applicant stated that discussions with the Virginia Department of Historic Resources (VDHR)
resulted in their decision to lower the height of the tower from 200 feet to 120 feet and to replace the
lattice-type structure with a monopole. He said that this compromise diminished visibility of the
tower from the historic village and prompted the VDHR to provide them with a letter stating there
were no adverse affects. Regarding collocation, the applicant stated that nothing was available; he
noted that the taller structures visible on the horizon from the Marker-Miller property were simply
too far away to enable penetration of the target area they needed to cover.
One individual came forward to speak in favor of this application, a representative of Shenandoah
Personal Communications in Edinburg, who was currently negotiating with Cingular Wireless to
place cell antennas on the proposed tower.
The Commission unanimously recommended approval of the conditional use permit with the same
conditions as recommended by the staff, as follows:
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 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 12 months of
abandonment of operation.
5.In the event a telecommunications tower is not erected within 12 months of the approval of this
conditional use permit, then 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.
(Note: Commissioners Kriz and Light were absent from the meeting.)
CUP #01-05, Cingular Wireless – John Marker
February 7, 2005
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