Loading...
HomeMy WebLinkAbout15-04 PC Staff Report4vcK.r ooG CONDITIONAL USE PERMIT #15-04 CINGULAR WIRELESS - JOHN MARKER Staff Report for the Planning Commission Meeting w Prepared: July 1, 2004 Staff Contact: Mark Cheran, Interim Zoning Administrator 1'138 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: 08/04/04 Pending Board of Supervisors: 08/25/04 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: 250 Foot -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. CUP # 15-04, Cingular Wireless - John Marker July 1, 2004 Page 2 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 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 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. The applicant is requesting the ability to utilize lattice -type material construction pursuant to Section 165-48.6(B)2 of the Frederick County Zoning Ordinance. The Zoning Ordinance requires that new commercial telecommunication facilities be of monopole -type construction. The Planning Commission may allow lattice -type construction for new commercial telecommunication facilities that are located outside of the Urban Development Area (UDA), and are not adjacent to or impact properties that are identified as historic areas. The proposed site is located near an identified historic and scenic area. Therefore, granting the lattice waiver maybe inappropriate. These additional performance standards shall apply to the CUP review in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. 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 CUP # 15-04, Cingular Wireless - John Marker July 1, 2004 Page 3 build a250 -foot lattice -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). The applicant will be required to provide lighting to comply with the requirements of the Winchester Regional Airport Authority. The lights shall comply to FAA standards as noted in the letter submitted by the Director of the Airport Authority. 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. 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 250 -foot tower, to mitigate illumination to neighboring properties and right-of- ways. Buffer and screening requirements will also be determined at site plan review. 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. The applicant is requested a setback wavier, that would allow this telecommunication to be 150 feet from the property line. STAFF CONCLUSIONS FOR THE 08-04-04 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. An allowance for a lattice -type tower construction may not be appropriate, pursuant to Sections 165-48.6 & 165-48.6 B (2) of the Frederick County Zoning Ordinance. Should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: 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. CUP # 15-04, Cingular Wireless - John Marker July 1, 2004 Page 4 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. 7. The telecommunications tower shall not exceed 250 feet in height.