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Home My WebLink About02-02 BOS Staff ReportPC REVIEW: 01/16/02 BOS REVIEW: 02/13/02 CONDITIONAL USE PERMIT #02-02 ACORN HILL TOWER Telecommunications Facility LOCATION: This property is located at 7185 North Frederick Pike, MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 18-A-25 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Agricultural ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential PROPOSED USE: 199 -foot -high monopole telecommunications facility. REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use penmit for this property appears to have little measurable impact on Rt. 701, 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 Acorn Hill Tower, CUP #02-02 Page 2 February 5, 2002 buildings exceeding 150 square feet shall require building permits. Public Works/Engineering: Please see attached letter from K E. Strawsnyder, Jr., P.E. dated 12/17/01. Winchester Regional Airport: Please see attached letter from S. R. Manuel, Executive Director, dated 12/14/01. 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 62.5 -acre site located west of Route 522 in the Cross Junction community 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 # 18-01 [(Shared Towers) Spectrum Resources - Cross Junction 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 # 18-01 appears to adequately provide for the coverage needs sought by CUP #02-02 (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 Acorn Hill Tower, CUP #02-02 Page 3 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 a need for his 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 # 18-01 (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 #18-01 will not be appropriate for collocation in the event that 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. 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 is their first request for the construction of a tower. It was their opinion that if the Cross Junction site (CUP # 18-01) referred to by the staff was utilized, it would leave dead spots or gaps in their service along Route 522 and, in particular, their service would not be able to reach into all areas of the Summit. Commission members inquired as to whether SunCom could use different hardware, technology, or increase output in order to use the Cross Junction site. The applicant's representative believed the majority of their coverage loss was due to the location of the Cross Junction Tower and topography, rather than their technology or anticipated height position on the tower. Acorn Hill Tower, CUP #02-02 Page 4 February 5, 2002 There were no public comments. Based on the information supplied by the applicant on their lack of service coverage capability and capacity in the Route 522 corridor, the Commission believed the applicant's need had been demonstrated. By a majority vote, the Planning Commission recommended approval of a 199 -foot monopole telecommunications tower, described as the Acorn Hill Tower, to be located at 7185 North Frederick Pike 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 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. This conditional use permit was recommended for approval by the following majority vote: YES (TO APPROVE CUP #02-02): Rosenberry, Fisher, Kriz, Ours, DeHaven, Light, Morris, Watt NO: Triplett, Thomas, Unger 0:1AgendwkCOMMENTSkCUP's120021Acom Hillmpd