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HomeMy WebLinkAbout12-02 BOS Staff ReportCONDITIONAL USE PERMIT APPLICATION #12-02 SHARED TOWERS, INC./CROSS JUNCTION TOWER (Revision of CUP #18-01) Staff Report for the Board of Supervisors Meeting Prepared: February 20, 2003 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: 02/26/03 Pending LOCATION: "This property is located near the corner of Collinsville Road and Cross Junction Road, approximately 290 feet from North Frederick Pike (Route 522 North). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 18-A-38 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District; Land Use: Vacant ADJOINING PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Residential and Agricultural PROPOSED USE: 260 -foot high lattice -type telecommunications facility Planning and Zoning: This application is a request to revise a condition previously placed on Conditional Use Permit # 18-01. The condition stated that: "5. In the event a telecommunications tower is not erected within twelve (I2) months of the approval of this Conditional Use Permit, then the CUP will be deeded invalid.,' Conditional Use Permit #18-01 was approved by the Board of Supervisors on March 13, 2002. CUP #12-02 - Shared Towers, Inc., Cross Junction Tower Page 2 February 20, 2003 Therefore, condition #5 requires that the tower be erected by March 13, 2003. 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 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 has been deferred. These three applications are scheduled to return to the Board of Supervisors in December for consideration, prior to their 12 -month application anniversary. Site Plan One condition placed on the approved Conditional Use Permit (CUP #18-01), 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 #18-01 for the Cross Junction Tower was approved on June 3, 2002. Approval of the site plan enabled the construction of a 260 -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: All Zoning Ordinance requirements and review agency comments shall be addressed and CUP #12-02 - Shared Towers, Inc., Cross Junction Tower Page 3 February 20, 2003 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 SUMMARY & ACTION OF 11/06/03 MEETING: Commissioners recalled an ordinance change that was enacted after this conditional use permit was first approved, requiring an engineer's certification regarding possible tower collapse and collateral damage, and believed this applicant should be required to provide that certification for this request. The applicant's representative noted that engineering certification has been included with the application, however, they have no problems with the Commission including this as a condition of the CUP. The applicant's representative also noted that they have approved site plans for all four of their tower sites and a building permit has been issued for one site, Hunting Ridge. There were no public comments. The Commission believed this application for a commercial telecommunications facility continued to be valid because a need for the facility, based on the lack of coverage and capacity in this part of the County, had been demonstrated; therefore, the Commission unanimously recommended that an extension of 12 months to construct the tower be granted with the conditions recommended by the staff and the condition requiring an engineer's certification, as follows: 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. 0:\Agendas\CONM4ENTS\CUP's\2003\CrossJuncuon2_BOS.wpd CUP #12-02 - Shared Towers, Inc., Cross Junction Tower Page 4 February 20, 2003 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. (Note: All members of the Commissioner were present.) O: \Agendas\COMMENTS\CUP's\2003\CrossJuncd on2_BOS. wpd