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Home My WebLink About14-04 BOS Staff ReportCONDITIONAL USE PERMIT #14-04 CINGULAR WIRELESS - SHENANDOAH UNIVERSITY Staff Report for the Board of Supervisors Prepared: October 25, 2004 Staff Contact: Mark Cheran, Zoning & 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: 10/20/04 Recommended Approval Board of Supervisors: 11/10/04 Pending LOCATION: This subject property is located at 1122 Ralph Shockey Drive. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-110 PROPERTY ZONING & PRESENT` USE: HE (Higher Education) Zoning District Land Use: Athletic Field ADJOINING PROPERTY ZONING & USE: RP (Residential Performance) Zoning District Land Use: Residential PROPOSED USE: 125 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. 797, 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 #14-04, Cingular Wireless – Shenandoah University October 25, 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: It appears that the proposed tower does not penetrate any FAR Part 77 surfaces, therefore, development of this site should not impact current or future operations at the Winchester Regional Airport nor will this tower need to be lighted unless specified by the FAA. This comment is based on review provided from information in your site plans with an elevation of 715' agl. Please submit a copy of the filed Federal Aviation Administration form 7460-1 Notice of Proposed Construction or Alteration for our files and a copy of their completed determination upon receipt. The Airport will withhold final comment pending receipt of the Determination Study by the FAA. City of Winchester: No comments. Planning and Zoning: The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the HE (Higher Education) 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. Furthermore, additional performance standards shall apply to the CUP review in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. Section 165-48.6 B (2) of the Frederick County Zoning Ordinance, requires that new commercial telecommunication facilities located inside of the Urban Development Area (UDA), be of monopole construction. This proposed commercial telecommunication facility will be located in conjunction with a light pole at the stadium. The lights located with this use shall not exceed 55 feet in height. 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 125-foot monopole-type telecommunication facility that is designed to accommodate commercial telecommunication carriers. The proposed facility will be located on a 22-acre site located at 1122 Ralph Shockey Drive (Shentel Stadium). This proposed commercial telecommunication facility will be in conformance with Section 704 of the Telecommunication Act of 1996. In evaluating this CUP #14-04, Cingular Wireless – Shenandoah University October 25, 2004 Page 3 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 125-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. All building setbacks will be determined at site plan review. STAFF CONCLUSIONS FOR THE 10-20-04 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. 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. 7. Lighting located on this tower shall not be higher than 55 feet. CUP #14-04, Cingular Wireless – Shenandoah University October 25, 2004 Page 4 PLANNING COMMISSION SUMMARY & ACTION OF 10/20/04 MEETING: Commission members had questions for the staff and the applicant about lighting on the facility and it was determined that two separate lighting issues existed. The first issue, the football stadium lighting on the structure, would be limited to 55 feet in height. It was anticipated that the football stadium lighting was going to be replaced, but would be installed and used exactly the same way it is presently used. The second lighting issue, whether or not night-time lighting at the top of the tower was required, was yet to be determined by the FAA. The applicant stated that a preliminary determination by their consultant indicated that no night-time lighting at the top of the tower would be required; however, the final determination would need to be made by the FAA. The staff believed the lighting issues, particularly the shielding of light from adjacent residences, could be satisfactorily addressed at the site plan stage. There were no public comments. The Planning Commission voted unanimously to recommend approval of the conditional use permit with the following conditions: 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 collocating 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, this conditional use permit will be deemed to be 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. 7. Lighting located on the tower shall not be higher than 55 feet. (Please note: Commissioner Ours abstained from voting.)