HomeMy WebLinkAbout20-01 BOS Staff ReportPC REVIEW: 12/05/01
BOS REVIEW: 01/23/02
CONDITIONAL USE PERMIT #20-01
REYNOLD'S STORE TOWER
Telecommunications Facility
LOCATION: This property is located at 8526 North Frederick Pike.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 11-A-39
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District;
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District;
Land Use: Residential, Agricultural, Cemetery, Church and Vacant.
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. 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.
1.
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) of The BOCA National Building
Code/1996. Please note Chapter 17 of BOCA for special inspection requirements for this
Reynold's Store, CUP #20-01
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January 16, 2002
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 letter from Serena R. Manuel,
Executive Director, dated 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 105 -acre site located on 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 ofthe 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 setbacks for this proposed commercial telecommunication facility will be approximately
271 feet from the road right-of-way, 463 feet side setback, and 1,000 feet rear setback. 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, and are not adjacent to
properties that are identified as historic areas. The proposed site is located outside of the
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January 16, 2002
UDA and is not in close proximity to any identified historic areas. Therefore, allowing a
lattice -type tower would be in conformance with the intent of the Zoning Ordinance. 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.
STAFF CONCLUSIONS FOR THE 12-05-01 PLANNING COMMISSION MEETING:
The staff noted that the applicant has stated by letter, dated November 15, 2001, that this tower will
have space available free of charge for Frederick County emergency communications. Staffbelieves
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. An allowance for a lattice -type tower
construction, may be appropriate. 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 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 twelve (12) months
of abandonment of operation.
PLANNING COMMISSION SUMMARY & ACTION FOR THE 12/05/01 MEETING:
The Planning Staff noted that the applicant is requesting the ability to utilize lattice -type construction
because the facility is located outside of the Urban Development Area and is not in close proximity
to identified historic areas.
The applicant's representative stated that they have agreed to add a strobe light onto the tower, at
the request of a local airport.
There were no public comments. No issues were raised by Commission members.
By a majority vote, the Planning Commission recommended approval of CUP #20-01 with the ability
to utilize lattice -type construction, per the applicant's request, with the following conditions:
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January 16, 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 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 twelve (12) months
of abandonment of operation.
5. A strobe light will be permitted to be placed on top of the tower, at the request of a local
airport.
The vote on this application was as follows:
YES (TO APPROVE CUP #20-01): Watt, Rosenberry, Fisher, Kriz, Thomas, DeHaven, Light, Unger
NO: Morris, Ours, Triplett