HomeMy WebLinkAbout05-01 BOS Staff ReportPC REVIEW: 05/02/01
BOS REVIEW: 05/23/01
CONDI T iONAL USE PERMIT #05-fi1
COUNTY OF FREDERICK - FIRE & RESCUE
Telecommunications Tower
LOCATION: At the top of Great North Mountain in Shawneeland; bounded by Timber, Elmwood,
and Archwood Trails.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY IDENTIFICATION NUMBERS:
491303-123-276
491303-123-277
491303-123-278
491303-123-279
491303-123-273
491303-123-272
491303-123-271
491303-123-270
PROPERTY ZONING & PRESENT USE:
Zoned R5 (Residential Recreation Community) District;
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
Zoned R5 (Residential Recreation Community) District;
Land Use: Residential / Vacant
PROPOSED USE: 190 -foot Telecommunications Tower
REVIEW EVALUATIONS:
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 tower shall have seal by a Virginia -
licensed design professional. Special Inspections per Chapter 17 of BOCA shall be required.
Fire Marshal: Comments during site plan review.
County of Frederick Fire & Rescue CUP 404-01
Page 2
May 16, 2001
Winchester Regional Airport: The Winchester Regional Airport Authority has no
objections to the proposed conditional use permit; however, we do request site plans be
submitted to us for comment and review and that the applicant file an FAA Form 7460-1.
Planning and Zoning:
Background
The applicant proposes to build a 190 -foot lattice Telecommunication Facility to
accommodate emergency services telecommunication equipment. The tower will also be
constructed to accommodate additional commercial telecommunication carriers. The
proposed facility will be located on a 3.67 -acre site located atop Great North Mountain, in
the Shawneeland development. The site currently encompasses eight individual lots; the
applicant intends to consolidate the lots into a single parcel if the CUP is granted.
Zoning Ordinance Requirements
Commercial Telecommunication Facilities are permitted in the R-5 (Residential Recreational
Community) District with an approved Conditional Use Permit (CUP). 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.
Zoning Ordinance Conformance
The applicant has provided an engineer's report regarding RF testing for the existing
emergency services facilities on Great North Mountain. The report states that the existing
tower facilities in the vicinity are unable to accommodate the emergency services frequency
range without significant disturbance. The report concludes that the emergency services
communication facilities should be relocated to another tower free of high level VHF
interference. Staff would concur that there are no existing facilities or appropriate structures
available for collocation in this general area.
Should the tower be required to be lighted by the FAA, it would be provided with a dual
lighting system which provides red lights for nighttime and medium intensity flashing white
lights for daytime and twilight use. The Zoning Ordinance requires that these lights be
shielded from ground view to mitigate illumination to neighboring properties. Landscaping
and screening may be required to screen accessary structures from adjoining properties and
right-of-ways. Application of this screening requirement will be determined at time of site
plan review.
The proposed Commercial Telecommunication Facility is generally in conformance with the
County of Frederick Fire & Rescue CUP #04-01
Page 3
May 16, 2001
requirements of the zoning ordinance.
Request for setback reduction
The applicant is requesting a reduction of the setbacks pursuant to Section 165-48.6(B)I of
the Zoning Ordinance as they are proposing to locate the Commercial Telecommunication
Facility approximately 190 feet from the property boundaries. The Zoning Ordinance
provisions require that towers of 190 feet in height (as is proposed) be placed a minimum of
190 feet from road right-of-ways, and 170 -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 has been made in order to provide
increased flexibility in the exact location for the placement of the tower.
Request to use lattice -type tower construction
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 towers be of monopole -type construction.
The Planning Commission may allow lattice -type construction for new commercial
telecommunication towers that are located outside the Urban Development Area, and are not
adjacent to properties that are identified historic areas. The proposed site is located outside
of the UDA, and is not in close proximity to an identified historic areas. Therefore, allowing
a lattice -type tower would be in conformance with the intent of the Zoning Ordinance.
Conformance with the requirements ofSection 704 of the Telecommunications Actf 1996
The applicant is a governmental body charged with providing emergency response services
to the community, and will be in conformance with the Telecommunication Act. In evaluating
this application, it has been demonstrated that there is a need for the infrastructure within the
area of the County identified. The approval of this application would be in conformance with
the requirements of Section 704 of the Telecommunications Act of 1986.
STAFF CONCLUSION FOR THE 05-02-01 PLANNING COMMISSION MEETING
Staff believes that this application for a Commercial Telecommunication Facility has adequately
addressed the requirements of the Zoning Ordinance in that a 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 the allowance for a lattice -type tower construction may be
appropriate.
Should the Planning Commission choose to recommend approval of this application, the following
County of Frederick Fire & Rescue CUP #04-01
Page 4
May 1 -17,2001
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 service 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.
All lots included in this request shall be consolidated into a single parcel.
PLANNING COMMISSION SUMMARY & ACTION OF 05-02-01 MEETING:
The Director of Fire & Rescue Services for Frederick County, Gary A. Dubrueler, explained that a
waiver of the setbacks was requested in order to provide increased flexibility in the placement of the
tower; and, the request for the lattice -type tower instead of the monopole was based on the rocky soil
conditions at the site and the desire to use the least expensive construction method in order to save
county money.
Members of the Commission were concerned about the perceived credibility and precedence of
establishing requirements for telecommunication facility providers to adhere to when constructing
towers in Frederick County and then to waive all of those requirements when the applicant is
Frederick County; therefore, Commissioners felt it was not appropriate to grant the waiver. Members
of the Commission also discussed with Mr. Dubrueler his plans for securing the area.
There were no public comments.
The Planning Commission recommended approval of the conditional use permit, by a majority vote,
with the same conditions as recommended by staff, as follows:
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 service providers.
3. A minor site plan shall be approved by the County.
County of Frederick Fire & Rescue CUP #04-01
Page 5
May 17, 2001
4. The tower shall be removed by the applicant or property owner within twelve (12) months
of abandonment of operation.
5. All lots included in this request shall be consolidated into a single parcel.
The majority v,)', was as follows:
YES (TO APPROVE): Watt, Unger, Morris, Light, Kriz, Triplett, DeHaven
NO: Wilson, Thomas, Ours, Fisher,
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