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HomeMy WebLinkAbout13-03 BOS Staff Report410 ooh CONDITIONAL USE PERMIT #13-03 aw �� SHARED TOWERSIWHITE TAIL LANE TOWER k Staff Report for the Planning Commission Meeting w Prepared: January 29, 2004 »a Staff Contact: Mark Cheran, Planner I 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: 01/21/04 Recommended Approval Board of Supervisors: 02/11/04 Pending LOCATION: This property is located on White Tail Lane off of North Frederick Pike (Route 522). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 19-A-27 PROPERTY ZONING & PRESENT' USE: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Land Use: Residential and Agricultural PROPOSED USE: 195 -foot tall lattice -type telecommunications facility. Planning and Zoning: This application is a request to revise a condition previously placed on Conditional Use Permit 416-02. The condition stated that: "5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid." CUP # 13-03 January 29, 2004 Page 2 Conditional Use Permit #16-02 was approved by the Board of Supervisors on January 23, 2002. Therefore, Condition #5 requires that the tower be erected by January 22, 2004. The applicant does. not believe that the tower will be erected by the anniversary date of the CUP approval, and has requested that this condition be revised to allow for an additional 12 months. Background In late 2001, the applicant ("Shared Towers, Inc.") submitted four (4) Conditional Use Permit applications for telecommunication towers to be constructed along the Route 522 North corridor. Shortly after Shared Towers, Inc. submitted the CUP applications, another applicant (SBA Properties/Triton PCS) submitted three (3) CUP requests for competing sites along the corridor. Both applicants provided documentation illustrating that the existing telecommunication network along the Route 522 North corridor was inadequate, and that additional towers were warranted. The Board of Supervisors ultimately granted the CUP tower requests to Shared Towers, Inc. following extensive discussions with both Shared Towers, Inc. and SBA Properties/Triton PCS. A condition was placed on the approved Shared Towers, Inc. requests stating that the towers were to be constructed within a 12 -month period. It was believed that if the tower was not constructed, this condition would enable the County to reevaluate the applicant's proposal, as well as the applications submitted by SBA Properties/Triton PCS. At the request of SBA Properties/Triton PCS, Board action on their three (3) Conditional Use Permit applications had been deferred. These three applications were withdrawn by the applicant on October 29, 2002. Site Plan One condition placed on the approved Conditional Use Permit (CUP #16-02) was that a site plan be submitted and approved by the County. This site plan illustrates the tower's location on the property, setbacks, screening, and access. The site plan associated with CUP # 16-02 for the White Tail Lane Tower was approved on May 14, 2002. Approval of the site plan enabled the construction of a 195 -foot lattice telecommunications tower. STAFF CONCLUSIONS FOR THE 01-21-04 PLANNING COMMISSION MEETING: Staff believes that this application for a Commercial Telecommunication Facility has adequately addressed the requirements of the Zoning Ordinance in that need for this facility, based on a lack of coverage and capacity in this part of the County, has been demonstrated. Should the Planning Commission choose to recommend approval of this application, essentially granting the applicant an extension of 12 months to construct the tower, the following conditions of approval would be appropriate: CUP # 13-03 January 29, 2004 Page 3 All 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. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation In the event a telecommunications tower is not erected within twelve (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. PLANNING COMMISSION SUMMARY & ACTION FOR 01/21/04 MEETING: The applicant's representative stated that this is the fourth tower in a series of four proposed by Shared Towers, Inc. through a series of conditional use permits targeted for the Rt. 522 corridor, between Winchester and West Virginia. He provided the following information: the first tower, Hunting Ridge Tower, has been completed; the second tower, the Cross Junction Tower, is currently under construction with a completion date of late January or early February, 2004; the third tower, the Reynolds Store Tower, has been issued a building permit; and the fourth tower, the White Tail Lane Tower, has received an approved site plan; however, Shentel has not yet made a commitment for this tower, nor has a building permit been applied for. The applicant's representative said there was not a specific target date for construction and the applicant wants to be assured of users before making an investment; he added that everything remains the same, they are merely seeking additional time to construct. There were no public comments. The Commission had no outstanding issues and believed the time extension was appropriate with the conditions recommended by the staff. The Planning Commission unanimously recommended approval with the following conditions: 1. All 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. CUP # 13-03 January 29, 2004 Page 4 3. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. In the event a telecommunications tower is not erected within 12 months of the approval of this conditional use permit, then the conditional use permit 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. (Please note: Commissioner Rosenberry was absent from the meeting.)