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Home My WebLink About12-03 BOS Staff Reportlog COG CONDITIONAL USE PERMIT #12-03 SHARED TOWERS/REYNOLDS STORE TOWER Staff Report for the Board of Supervisors Prepared: January 13, 2004 1J38 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: 01/07/04 Recommended Approval Board of Supervisors: 01/28/04 -P-� LOCATION: This subject property is located at 8840 North Frederick Pike. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 11-A-39 PROPERTY ZONING & PRESENT' USE: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Residential, Agricultural, Cemetery, Church and Vacant PROPOSED USE: 195 foot tall lattice tower structure inside a 100 foot by 100 foot leased area for ground equipment/shelters to be placed on concrete pads. All equipment and lattice will be secured by a fence. REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Rt. 522, 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 minimum standards. Inspections Department: Structures shall comply with The Virginia Uniform Statewide C.U.P. #12-03 Shared Towers/Reynolds Store Tower Page 2 Building Code and Section 312, Use Group r T (Utility) of The BOCA National Building Code/1996. Please note Chapter 17 of BOCA for special inspection requirements for this type structure (concrete/bolt testing, etc.) Fire Marshal: Maintenance of roadway for emergency vehicle access. 14.5 foot vertical clearance and entire width per NFPA. Roadway requirements allow for enhancement of Rural Fire Protection in Wildland Fire Control. Plan approval is recommended. Winchester Regional Airport: Please see attached letter from Serena R. Manuel, Executive Director, dated 10/22/01. Health Department: No comment Public Works/Engineering: Disturbance of more than 10,000 s.f will require an erosion and sediment control plan and a land disturbance permit. This land disturbance include access roads and site development. 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. The Frederick County Zoning Ordinance specifies that a CUP for a commercial telecommunication tower 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. The applicant proposes to build a 195 -foot lattice -type telecommunication facility that is designed to accommodate commercial telecommunication carriers. The proposed facility will be located on a 105 -acre site located on Route 522. 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 collocation 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 in this location. 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. The Frederick County Zoning Ordinance requires that these lights be shielded from ground view to mitigate illumination to neighboring properties and right-of-ways. Buffer and screening requirements will be determined at site plan review. C.U.P. #12-03 Shared Towers/Reynolds Store Tower Page 3 The setbacks for this proposed commercial telecommunication facility will be approximately 271 feet from the road right-of-way, 463 feet side setback, and 1,000 feet rear setback. The applicant is requesting the ability to utilize lattice -type material construction pursuant to Section 165-48.6(B)2 of the 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, and are not adjacent to properties that are identified as historic areas. The proposed site is located outside of the UDA and is not in close proximity to any identified historic areas. Therefore, allowing a lattice -type tower would be in conformance with the intent of the Zoning Ordinance. 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 the area of the County identified. Staff would recommend that Conditional Use Permit #13-02 be deemed invalid if approval is granted for Conditional Use Permit # 12-03. STAFF CONCLUSIONS FOR THE 01-07-04 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. An allowance for a lattice - type tower construction, may be appropriate. Should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: 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. 3. A 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. 5. 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. 6. 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. (All members of the Commission were present.)