HomeMy WebLinkAbout18-01 BOS Staff Report - RevisedPC REVIEW: 02/20/02
BOS REVIEW: 03/13/02
Revised - CONDITIONAL USE PERMIT #18-01
CROSS JUNCTION TOWER
Telecommunications Facility
LOCATION: This property is located at the corner of Collinsville Road and Cross Junction
Road, approximately 290 feet from North Frederick Pike (Rt. 522N).
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 18-A-38
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District;
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District;
Land Use: Residential and Agricultural
PROPOSED USE: 195 foot higk 260 -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. 770, 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.
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Cross Junction Tower, Revised CUP #18-01
March 6, 2002
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 type structure (concrete/bolt
testing, etc.)
Public Works/Engineering: Disturbance of more than 10,000 s.£ 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 01/22/02.
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 Board of Supervisors granted the initial request for CUP#18-01 on January 23, 2002. This
approval enabled the construction of a 195 -foot -high lattice -type telecommunications tower. The
approval also granted a reduction in the setback requirements against the property's northeast and
southeast property lines. The application was approved 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.
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 deeded invalid.
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Cross Junction Tower, Revised CUP # 18-01
March 6, 2002
Following discussions with the Planning Commission, the Board of Supervisors, and representatives
from SunCom/Triton PCS, the applicant determined that an increase in tower height to 260 feet
would better accommodate the needs of the community and personal wireless service providers.
Therefore, the applicant has requested the ability to increase the tower's height by 65 feet, bringing
the tower height to 260 feet. The applicant contends that the increased tower height will enable
personal wireless carriers to provide a more efficient service to the community as topographical
restrictions will be lessened.
The applicant is requesting a reduction of the setbacks pursuant to Section 165-48.6(B).1 of the
Zoning Ordinance as the proposed increase in height would require an increase in structural setback
distances. Based on the proposed 260 -foot height, the setbacks would be as follows:
The Planning Commission may reduce the required setback distance for commercial
telecommunication facilities if it can be demonstrated that the location is of equal or lesser impact.
The applicant has attempted to place the facility in the middle of the site (property under common
ownership), maximizing the structural setback. The applicant has provided a letter (dated January
2, 2002) certified by the Tower Manufacturers Professional Engineer indicating that the tower can
be built with a safety stress point to reduce its fall zone.
The applicant is also requesting the ability to continue 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 ofmonopole-type construction. The Planning Commission
may allow lattice -type construction for new commercial telecommunication facilities that are located
Required
Proposed
Requesting a
Setback
Setback
Setback
Setback from:
Reduction of:
Northwest Property line
275 ft
220 ft
55 ft
(Collins property)
Northeast Property Line
275 ft
—135 ft
— 135 ft
(Hoffman - property
owned by applicant)
East Property Line
275 ft
— 40 ft
— 235 ft
(Hoffman - property
owned by applicant)
Southwest Property Line
285 ft
284 ft
1 ft
(Route 522 North)
The Planning Commission may reduce the required setback distance for commercial
telecommunication facilities if it can be demonstrated that the location is of equal or lesser impact.
The applicant has attempted to place the facility in the middle of the site (property under common
ownership), maximizing the structural setback. The applicant has provided a letter (dated January
2, 2002) certified by the Tower Manufacturers Professional Engineer indicating that the tower can
be built with a safety stress point to reduce its fall zone.
The applicant is also requesting the ability to continue 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 ofmonopole-type construction. The Planning Commission
may allow lattice -type construction for new commercial telecommunication facilities that are located
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Cross Junction Tower, Revised CUP #18-01
Marek 6, 2002
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 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 ofthe 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 2-20-02 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. Further, a reduction of the
setback requirements, as well as 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.
S. 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 02/20/02 MEETING:
Numerous issues were discussed by the Planning Commission. Commissioners asked if SunCom/
Triton PCS had indicated for certain that the additional tower height would now meet their service
requirements for this area. They verified with the applicant that the setback requirements regarding
the easements would be legally recorded through a lease agreement between Shared Towers and the
property owner. Commissioners verified with legal counsel that the County would not be held liable
for damages, if the tower collapsed. They discussed the contents of a letter submitted by the
applicant's engineer certifying that tower construction will include safety stress points to reduce the
fall zone to within the property owners' boundaries and they heard the applicant's explanation of
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Cross Junction Tower, Revised CUP #18-01
March 6, 2002
specifications regarding the wind load design. Commission members also discussed the need to
specify the exact height of the tower, plus the additional height required for the lightening rod.
The applicant spoke with the Commission about why this particular location was selected for tower
placement and his primary objectives for service coverage; he spoke of the pros and cons of using
lattice structures versus monopoles; he discussed his meetings with SunCom/Triton PCS and county
officials; and the Summit community's desire for service coverage.
One adjoining property owner came forward and had questions regarding the distance of the tower
to her property line, concerns about the possibility of the tower collapsing, and the affect on the
viewshed from her home and for the Cross Junction community as a whole.
Overall, the Planning Commission was satisfied that their concerns had been adequately addressed,
They believed that the increased height of the tower was appropriate in light of the increased service
area capability and usability by other service providers. The Commission recommended approval of
the Cross Junction Tower CUP # 18-01 for a 260 -foot lattice telecommunications tower, with a six-
foot lightening road placed at the top, with the requested setback waivers, and 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.
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.
The vote on this recommendation was as follows:
YES (TO APPROVE): Watt, Unger, Morris, Light, Thomas, Ours, Kriz, Fisher, Triplett, DeHaven
ABSTAIN: Straub, Gochenour
(Note: Commissioner Rosenberry was absent from this meeting.)
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