HomeMy WebLinkAbout05-02 BOS Staff ReportPC REVIEW: 02/20/02
BOS REVIEW: 03/13/02
CONDITIONAL USE PERMIT #05-02
HUNTING RIDGE TOWER
Telecommunications Facility
LOCATION: This property is located at 329 Hunting Ridge Road.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 30 -A -98C
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District;
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District;
Land Use: Residential and Agricultural
PROPOSED USE: 195 -foot -high lattice -type 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. 608, 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.
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.
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Hunting Ridge Tower, CUP #05-02
March 6, 2002
Inspections Department: Structures shall comply with The Virginia Uniform Statewide
Building Code and Section 312, Use Group U (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.)
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.
Winchester Regional Airport: Please see attached letters, from .Serena R Manuel,
Executive Director, dated 1/11/02 and 10/22/01.
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 40 -acre site located north of Route 522, west of Hunting Ridge Road. 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.
A Conditional Use Permit (CUP # 19-01) for a telecommunications tower was granted to the
applicant for an adjoining parcel; CUP # 19-01 will be withdrawn upon approval of the new
application. The applicant is seeking the new tower location (CUP #05-02) in order to better
accommodate SUNCOM/Triton, a wireless service provider seeking a tower location in the
vicinity of this CUP request.
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
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Hunting Ridge Tower, CUP #05-02
March 6, 2002
illumination to neighboring properties and right-of-ways. Buffer and screening requirements
will be determined at site plan review.
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 (UDA), 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. 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. It should
be noted that the applicant has offered to provide space on this tower for emergency
communications. This space has been offered to Frederick County free of charge per the
applicants' letter dated November 15, 2001.
Setback Reduction Request:
The applicant is requesting a reduction of the setbacks pursuant to Section 165-48.6(B).1 of
the Zoning Ordinance as they are proposing to locate the commercial telecommunication
facility adjacent to a property line. The Zoning Ordinance provisions require that towers of
195 feet (as is proposed) be placed a minimum of 210 feet from the adjoining property line.
The Planning Commission may reduce the required setback distance for commercial
telecommunication facilities if it can be demonstrated that the location is of equal or lesser
impact. The applicant has attempted to place the facility in a location that complies with the
setbacks from adjoining properties held by other parties. The setback reduction is being
sought to enable the structure to be placed adjacent to property owned by the same property
owner.
STAFF CONCLUSIONS FOR THE 2-20-02 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 ofthis application, the following conditions of approval
would be appropriate:
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Hunting Ridge Tower, CUP #05-02
March 6, 2002
All 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 service 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. Issuance of CUP #05-02 shall make the Conditional Use Permit (CUP#19-01) previously
issued for an adjoining property (same property owner) invalid.
PLANNING COMMISSION SUMMARY & ACTION OF THE 02/20/02 MEETING:
Commission members discussed with the applicant the internal boundary line setbacks as well as the
setback to the adjoining property, the fall zone, and the usability of the tower by SunCom/Triton
PCS. The Commission was happy to see that by relocating the tower or, as in the case of the
previous application, raising the height of the tower, that the potential for an additional tower in this
same area had been eliminated.
There were no citizen comments.
The Commission unanimously recommended approval ofthe Hunting Ridge Tower CUP 405-02 for
a 195 -foot lattice telecommunications tower with a waiver of the setbacks to the internal parcel
boundary lines and with the following conditions:
All 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 service 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.
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Hunting Ridge Tower, CUP #05-02
March 6, 2002
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. Issuance of CUP #05-02 shall make the Conditional Use Permit (CUP#19-01) previously
issued for an adjoining property (same property owner) invalid.
(Note: Commissioner Rosenberry was absent from this meeting.)
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