HomeMy WebLinkAbout03-02 BOS Staff ReportPC REVIEW: 01/16/02
BOS REVIEW: 02/13/02
CONDITIONAL. USE PERMIT ##03-02
HUNTING RIDGE TOWER
Telecommunications Facility
LOCATION: This property is located at 4048 North Frederick Pike.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 30-A-116
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District;
Land Use: Residential and Agricultural
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District;
Land Use: Residential and Agricultural
PROPOSED USE: 199 -foot -high monopole 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. 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.
Fire Marshal: Per NFPA 299, a 14.5 -foot vertical clearance must be maintained for the
entire width of the roadway for emergency vehicle access. Plan approval is recommended.
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. Plans submitted for permitting the tower shall be sealed by a Virginia -licensed
design professional. Special inspections per Chapter 17 of BOCA shall be required. Other
Hunting Ridge Tower, CUP #03-02
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February 5, 2002
buildings exceeding 150 square feet shall require building permits.
Public Works/Engineering: Please see attached letter from H. E. Strawsnyder, Jr., P.E.
dated 12/17101.
Winchester Regional Airport: Please see attached letter from Serena R. Manuel,
Executive Director, dated 1103/02.
City of Winchester: No comments.
Planning and Zoning:
The Frederick County Zoning Ordinance allows for Commercial Telecommunications
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 in order to promote
orderly economic development and mitigate the negative impacts to adjoining properties.
The applicant proposes to construct a 199 -foot monopole telecommunications facility that
is designed to accommodate commercial telecommunication providers. The proposed facility
will be located on a 99.98 -acre site located north of Route 522, in the Hunting Ridge area of
the County. The applicant has provided an inventory of existing telecommunication facilities
in the area, and there are no existing facilities or appropriate structures available for
collocation in this general area. The maps within the application analyzing coverage need in
this area appears to be sufficient to determine the adequacy of the search area, and the
existing coverage.
Staff would note that at the December 5, 2001 meeting, the Planning Commission reviewed
and recommended approval of CUP # 19-01 [(Shared Towers) Spectrum Resources - Hunting
Ridge Tower] for a commercial telecommunication facility in this general area. This pending
Shared Towers CUP application will be reviewed by the Board of Supervisors during their
January 23, 2002 meeting. Pending CUP #19-01 appears to adequately provide for the
coverage needs sought by CUP #03-02 (SBA Properties/Triton PCS).
The applicant will be required to provide lighting to comply with the requirements of the
Winchester Regional Airport Authority. The lights shall comply with FAA standards as noted
in the letter submitted by the Executive 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 rights -of -ways. Buffer and screening requirements
Hunting Ridge Tower, CUP #03-02
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February 5, 2002
will be determined at the site plan review stage.
STAFF CONCLUSIONS FOR THE 1-16-02 PLANNING COMMISSION MEETING:
Staff believes that this application for the Commercial Telecommunication Facility has not 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 not been demonstrated. This position is based
on the fact that CUP # 19-01 (which could provide the necessary facility) has already been reviewed
by the Planning Commission and a recommendation for approval forwarded to the Board of
Supervisors; Board action is pending. The applicant has not clearly demonstrated that CUP #19-01
will not be appropriate for collocation in the event it gains the Board of Supervisors' approval.
Should the Planning Commission choose to recommend approval of this application, the following
conditions of approval would be appropriate:
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.
PLANNING COMMISSION SUMMARY & ACTION OF 01/16/02 MEETING:
Representatives of the applicant stated that all of SunCom's other 15 sites are collocated on existing
structures and this tower, along with their previous tower application, is their first request for the
construction of towers. Representatives explained that if they collocate on Shared Towers' Hunting
Ridge Tower (CUP #19-01), a ridge will interfere with their service, and it would cause a high
probability of call interruption. Representative stated that in this particular case, the service
inadequacy is due to their anticipated height position on the pending tower (CUP #19-01) and is not
necessarily due to the location of the tower. It was noted by the applicant's representatives that
Shared Towers already has a leasee for the very top position on their pending tower and Triton would
be allocated the second lower position; it was stated that Triton's signal will not get over the ridge
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February 5, 2002
at this position.
There were no public comments. Members of the Commission said that although Triton's service
may experience some interruptions, the majority of their projected service area could be covered by
locating on the Shared Towers' tower (CUP #19-01), if it was approved. Therefore, the Planning
Commission believed the applicant had not adequately addressed the requirements of the zoning
ordinance in that a need for this facility, based on a lack of coverage and capacity in this part of the
County, had not been demonstrated. The Planning Commission recommended denial of a 199 -foot
monopole telecommunications tower, described as the Hunting Ridge Tower, to be located at 4048
North Frederick Pike.
This conditional use permit was recommended for denial by the following majority vote:
YES (TO DENY CUP #03-02): Triplett, Thomas, Unger, Kriz, Ours, DeHaven, Light, Watt
NO: Rosenberry, Fisher, Morris
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