HomeMy WebLinkAbout19-01 BOS Staff ReportPC REVIEW: 12/05/01
BOS REVIEW: 01/23/02
CONDITIONAL USE PERMIT #19-01
HUNTING RIDGE TOWER'
Telecommunications Facility
LOCATION: This property is located at 329 Hunting Ridge Road.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 30-A-114
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 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. 608, 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) of The BOCA National Building
Code/1996. Please note Chapter 17 of BOCA for special inspection requirements for this
Hunting Ridge Tower, CUP # 19-01
Page 2
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 monopole telecommunication facility that is
designed to accommodate commercial telecommunication carriers. The proposed facility will
be located on a 12 -acre site located at 329 Hunting Ridge Road. 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 setbacks of this proposed commercial telecommunication facility are approximately 2,000
feet from the road right-of-way and 264 and 263 feet, respectively, from side property lines.
The rear setback is at 223 feet. These proposed setbacks for this site will be in conformance
with 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.
Hunting Ridge Tower, CUP # 19-01
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January 16, 2002
STAFF CONCLUSIONS FOR THE 12-05-01 PLANNING COMMISSION MEETING:
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. Should the Planning Commission choose
to recommend approval of this application, the following conditions of approval would be
appropriate:
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 co -locating 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 FOR THE 12/05/01 MEETING:
An attorney representing Triton, PCS, a licensed service provider in Frederick County, requested
this CUP application be denied or deferred until his client could submit their own tower applications
for alternative sites, for the same reasons stated for the previous application. The representative
stated that studies conducted by his clients determined that serious transmission gaps would occur
along Rt. 522, if the Hunting Ridge and Cross Junction tower sites were used with Triton's system.
A property owner for the Reynolds Store tower site stated that no towers will be constructed unless
a service provider is designated for the site.
The applicant stated that his engineers are confident that the primary carriers, who use two to three
different technologies, can use the three towers he is proposing. The applicant's representative stated
they have worked several months compiling their applications, obtaining signed leases for properties,
conducting analysis of coverage areas, and conducting historic and wildlife reviews. They noted that
unlike Triton, PCS, they are proposing locations all the way to Reynolds Store in order to secure
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Hunting Ridge Tower, CUP #19-01
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January 16, 2002
complete coverage to the West Virginia line.
No other additional issues were raised with this application than were for the previous application.
By a majority vote, the Planning Commission recommended approval of CUP #19-01 as requested
and with the following conditions:
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.
This vote on this application was as follows:
YES (TO APPROVE CUP #19-01): Rosenberry, Fisher, Kriz, Thomas, DeFlaven, Light, Unger
NO: Watt, Morris, Ours, Triplett
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