HomeMy WebLinkAbout01-02 BOS Staff ReportPC REVIEW: 01/16/02
BOS REVIEW: 02/13/02
CONDITIONAL USE PERMIT #01-02
COLD SPRING TOWER
Telecommunications Facility
LOCATION: This property is located at 6298 North Frederick Pike.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 19 -A -15A
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 Vacant
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
Cold Spring Tower, CUP #01-02
Page 2
January 8, 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 12/17/01.
Winchester Regional Airport: Please see attached letter from Serena 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 5.653 -acre site located north of Route 522, north of Isaac Creek. 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 January 2, 2002 meeting, the Planning Commission reviewed and
recommended approval of CUP #22-01 [(Shared Towers) Spectrum Resources - White Tail
Lane 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 #22-01 appears to adequately provide for the
coverage needs sought by CUP #01-02 (SBA Properties/Triton PCS).
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 approximately 95 feet from the eastern property line boundary. The Zoning Ordinance
provisions require that towers of 199 feet or higher (as is proposed) be placed a minimum of
215 feet from adjoining property lines. The Planning Commission may reduce the required
setback distance for commercial telecommunication facilities if it can be demonstrated that
Cold Spring Tower, CUP #01-02
Page 3
January 8, 2002
the location is of equal or lesser impact. The applicant has attempted to place the facility to
minimize the need for a setback reduction. The request for a reduced setback of 95 feet from
the property line has been made in order to provide increased flexibility in the exact location
for the placement of this tower. The adjoining property is owned by the same property
owner.
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
will be determined at the site plan review stage.
STAFF CONCLUSIONS FOR THE 1-16-02 PLANNING COMMISSION MEETING:
Staffbelieves that this application for the Commercial Telecommunication Facility has not adequately
addressed the requirements of the Zoning Ordinance in that 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 #22-01 (which could provide the necessary facility) has already been reviewed
by the Planning Commission, and a recommendation for approval been forwarded to the Board of
Supervisors; Board action is pending. The applicant has not clearly demonstrated that CUP #22-01
will not be appropriate for collocation 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.
0:\Agendas\COMMENTS\CUP's\2002\Cold Spring Tower.wpd