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Home My WebLink About22-01 BOS Staff ReportPC REVIEW: 01/02/02 BOS REVIEW: 01/23/02 CONDITIONAL USE PERMIT #22-01 WHITE TAIL LANE TOWER Commercial Telecommunications Facility LOCATION: This property is located on White Tail Lane off of North Frederick Pike (Route 522). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 19-A-27 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 commercial 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: 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. Inspections Department: Structures shall comply with The Virginia Uniform Statewide Building Code and Section 312, Use Group U (Utility and Miscellaneous) of The BOCA National Building Code/1996. Plans submitted for the building permit shall be sealed by a Virginia Licensed Design Professional. Please note Chapter 17 of BOCA for special inspection requirements for this type structure. CUP #22-01, White Tail Lane Tower Page 2 January 16, 2002 Public Works/Engineering: Please see attached letter from Harvey E. Strawsnyder, Jr., P.E., Director of Public Works, dated 12/17/01. Winchester Regional Airport: Please see attached letter from Serena R. Manuel, Executive Director, dated 12/07/01. 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 138.19 -acre site located east of Route 522. 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. 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 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. CUP #22-01, White Tail Lane Tower Page 3 January 16, 2002 STAFF CONCLUSIONS FOR THE 12-05-01 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, 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 services 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. PLANNING COMMISSION SUMMARY & ACTION OF THE 01/02/02 MEETING: Several of the commissioners believed that if service was not installed on the tower within 12-18 months, then the conditional use permit should be revoked. They believed this would discourage tower speculators from seeking towers without having a commitment from a service provider to use the tower. The commissioners were seeking a way to control the number of towers that could be placed in a given area. It was pointed out that the code requirements do not specifically address tower providers and it was a concern that towers could be constructed without a tenant or, in order to address the needs of multiple service providers, that towers could literally be placed "next door" to each other. Another concern raised was the regularity of being asked to use the lattice -type construction. They believed the monopole was less intrusive and that "less expensive" was not an acceptable reason for granting the use of a lattice tower. Commission members believed it was their responsibility to minimize the impact of this industry on the viewshed of Frederick County. They believed that all of these issues needed to be discussed at the committee level. There were no public comments. By a majority vote, the Planning Commission recommended approval of the conditional use permit for a 195 -foot lattice -type telecommunications tower with the following conditions: All zoning ordinance requirements and review agency comments shall be addressed and complied with at all times. CUP #22-01, White Tail Lane Tower Page 4 January 16, 2002 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 12 months of abandonment of operation. 5. This conditional use permit will be revoked if it is not placed in service within 18 months of its approval. This vote on this application was as follows: YES (TO APPROVE CUP #22-01): Fisher, Kriz, DeHaven, Light, Unger NO: Watt, Morris, Ours 0:\Agendas\CONDAENTS\CUP's\2001\WhiteTai]Lane l.wpd