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Home My WebLink About18-01 BOS Staff ReportPC REVIEW: 12/05/01 BOS REVIEW: 01/23/02 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 -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 fihe'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 type structure (concrete/bolt testing, etc.) Cross Junction Tower, CUP #18-01 Page 2 January 16, 2002 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 96.41 -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 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 35 feet from property line boundaries. The Zoning Ordinance provisions require that towers of 195 feet or higher (as is proposed) be placed a minimum of 220 feet from road right-of- ways and 210 feet from side property lines. 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 maximizing the structural setback. The request for a reduced setback of 35 feet from the property line has been made in order to provide increased flexibility in the exact location for the placement of this tower. Cross Junction Tower, CUP #18-01 Page 3 January 16, 2002 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 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 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: 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. 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 ofthis 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 OF 12/05/01: An attorney representing Triton, PCS, a licensed service provider in Frederick County, requested that the CUP application be denied or deferred until his client could submittheir own tower applications for alternative sites. The representative stated that studies conducted by his clients determined that serious transmission gaps would occur along Rt. 522, ifthe Hunting Ridge and Cross Junction tower sites were used with Triton's system. The 0: \Agendas\COMMENTS\CUP's\2001 \Cross3. wpd Cross Junction Tower, CUP # 18-01 Page 4 January 16, 2002 representative said that his client believed a tower should not be constructed until a service provide has a need for the tower in a specific location. A radio frequency engineer and a deployment manager were also present to speak on behalf of Triton, PCS. An adjoining property owner spoke in opposition to the request for a reduction of the setbacks for placement of the tower. The applicant and the applicant's representative believed their business's success depended on designing towers for multiple users and, if a tower is empty or only has one tenant, their project has failed. They believed the data provided was good, credible data, provided by radio frequency engineers with 40+ years of experience. The applicant stated that he had met with representatives of Triton and he believed a technical solution was available to Triton to meet their particular needs. The applicant believed that the tower locations as proposed were appropriately placed. Planning Commissioners discussed whether it was more appropriate for the service provider or the tower provider to determine the most appropriate tower locations. Some commissioners were not in favor of tower speculators; they believed it would necessitate service providers coming in with "fill-in" tower requests. Other commissioners were of the opinion that Triton, PCS's coverage requirements would not necessarily be duplicated by another service provider. Further, a reduction of the setback requirements, as well as allowance for a lattice -type tower construction, may be appropriate. By a majority vote, the Planning Commission recommended approval ofCUP # 18-01 with a reduction of the setback requirements, as well as allowance for a lattice -type tower construction, as requested, 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. 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. The vote was as follows: YES (TO APPROVE CUP #18-01): NO: Watt, Morris, Triplett, DeHaven ABSTAIN: Ours, Rosenberry O: \Agendas\COMMENTS\CUP's\2001 \Cross3. wpd Unger, Light, Thomas, Kriz, Fisher,