HomeMy WebLinkAbout13-02 BOS Staff ReportCONDITIONAL USE PERMIT APPLICATION #13-02
SHARED TOWERS (REYNOLDS STORE TOWER)
(Revision of CUP #20-01)
Staff Report for the Board of Supervisors Meeting
Prepared: December 31, 2002
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
application. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 11/06/02 Recommended Approval
Board of Supervisors: 01/08/03 Pending
LOCATION: This property is located at 8926 North Frederick Pike.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 11-A-39
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas) District;
ADJOINING PROPERTY ZONING & USE:
Zoned: RA (Rural Areas) District;
PROPOSED USE
Land Use: Vacant
Land Use: Residential and Agricultural
195 -foot high lattice -type telecommunications facility
Planning and Zoning:
This application is a request to revise a condition previously placed on Conditional Use Permit #20-01.
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 he deeded invalid."
Conditional Use Permit #20-01 was approved by the Board of Supervisors on January 23, 2002.
Therefore, condition #5 requires that the tower be erected by January 22, 2003. The applicant does not
believe that the tower will be erected by the anniversary date of the CUP approval, and has requested
CUP #13-02 - Shared Towers, Inc., Reynolds Store Tower
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December 31, 2002
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 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 the three (3) SBA Conditional Use
Permit applications had been deferred. These three applications were withdrawn by the applicant on
October 29, 2002. Therefore, there are currently no competing applications to erect communication
towers at this location.
Site Plan
One condition placed on the approved Conditional Use Permit (CUP #20-01), 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 #20-01 for the Reynolds Store
Tower was approved on May 17, 2002. Approval of the site plan enabled the construction of a 195 -
foot lattice telecommunications tower.
STAFF CONCLUSIONS FOR THE 11-06-02 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:
1. All Zoning Ordinance requirements and review agency comments shall be addressed and
CUP #13-02 - Shared Towers, Inc., Reynolds Store Tower
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December 31, 2002
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 the 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, then the CUP will be deemed invalid.
PLANNING COMMISSION ACTION ON NOVEMBER 6,2002:
The Commission believed this application for a commercial telecommunications facility was still valid
because a need for the facility, based on a lack of coverage and capacity in this part of the County, had
still been demonstrated; therefore, the Commission was amenable to granting the applicant an extension
of 12 months to construct the tower with the added condition for submittal of an engineer's certification
of collapse and collateral damage.
The Frederick County Planning Commission unanimously recommend approval of Conditional Use
Permit #13-02 of Shared Towers, Inc./Reynold's Store Tower, 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.
3. 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.
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.
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.
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