HomeMy WebLinkAbout02-20 BOS Staff ReportCONDITIONAL USE PERMIT #02-20
New Cingular Wireless PCS, LLC (AT&T)
Staff Report for the Board of Supervisors
Prepared: June 29, 2020
Staff Contact: Mark Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 06/03/20 Recommended Approval
Board of Supervisors: 07/08/20 Pending
PROPOSAL: To construct a 199-foot tall monopole telecommunication facility with accessory
structures.
LOCATION: The subject property is located at 141 Fairview Road, Gore, Virginia.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/08/20 BOARD OF
SUPERVISORS MEETING:
This is a request for a Conditional Use Permit to construct a commercial telecommunication
facility consisting of a 199-foot monopole telecommunication facility and accessory structures.
The Planning Commission held a public hearing for this application at their June 3rd meeting and
recommended approval. Should the Board of Supervisors find this application to be appropriate,
the Planning Commission recommended that the following conditions be attached to the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating personal wireless services providers.
3. A minor site plan shall be approved by Frederick 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, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
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CUP #02-20 New Cingular Wireless PCS, LLC (AT&T)
June 29, 2020
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 06/03/20 Recommended Approval
Board of Supervisors: 07/08/20 Pending
LOCATION: This property is located at 141 Fairview Road, Gore, Virginia.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 26-A-29
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Vacant
PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of
a 199-foot Monopole-Type Commercial Telecommunications Facility.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 733, (Fairview Road), the VDOT
facility providing access to the property. A location has been identified for a low-volume
commercial entrance on Route 733. The new entrance will need to meet VDOT standards for the
proposed use. Should the use ever expand in the future, the entrance will need to be reviewed, to
determine if additional improvements may be required.
Frederick County Inspections: The Tower foundation and related building and/or structures
shall comply with the Virginia Building Code.
Tower shall be designed in accordance with the provisions of the TIA-222 and shall be of
noncombustible material. Towers shall be located such that guy wires and other accessories shall
not cross or encroach upon any street or other public spaces, or over above-ground electric utility
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lines without written consent. Access to the tower sites shall be limited as required by applicable
OSHA, FCC, and EPA.
Section 102.3 Virginia Uniform Statewide Building Code (USBC) addresses the exempts
equipment, related wiring, and structures supporting the related wiring installed by a provider of
publicly regulated utility service or a franchised cable television operator and electrical
equipment and related wiring used for radio, broadcast or cable television, telecommunications
or information service transmission. The exemption shall apply only if under applicable federal
and state law the ownership and control of the equipment and wiring is by the service provider or
its affiliates. Such exempt equipment and wiring shall be located on either public rights-of-way
or private property for which the service provider has rights of occupancy and entry; however,
the structures, including their service equipment, housing, or supporting such exempt equipment
and wiring shall be subject to the USBC. The installation of equipment and wiring exempted by
this section shall not create an unsafe condition prohibited by the USBC. The replacement of or
retro fitting of existing fiber distribution boxes falls under this exception as well. Please note that
the exemption of permitting does not apply to building structures erected or remodeled on these
sites. The tower, foundation and any other related buildings/structures require permits.
Winchester-Frederick County Health Department: The office has no objections provided
the facility will be “unmanned” as mentioned in the statement of Compliance and Justification.
Frederick County Fire Marshall: Plans disapproved by Frederick County Fire Marshal, Adam
Hounshell. The Fire Marshal comments will be addressed by the Applicant at time of site plan
approval.
Winchester Regional Airport: No comment.
Frederick Water: Parcel is outside of the Sewer Water Service Area (SWSA). Frederick Water
has no comments.
Planning and Zoning: The 2035 Comprehensive Plan of Frederick County provides guidance
when considering any land use action. This proposed 199-foot monopole-type commercial
telecommunication facility is located on a 14+/- acre property that is zoned RA (Rural Areas)
Zoning District. The Comprehensive Plan identifies this area of the County to remain rural and is
not part of any current land use study.
The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in
the RA Zoning District with an approved Conditional Use Permit (CUP). The properties
immediately adjacent to this proposed CUP are currently zoned RA Zoning District. The zoning
ordinance requires that all proposed telecommunication facilities be subject to additional
performance standards in order to promote orderly economic development and mitigate the
negative impacts to adjoining properties, residential properties, land use patterns, scenic areas
and properties of significant historic value.
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Furthermore, the Frederick County Zoning Ordinance requires an Applicant to provide
confirmation that an attempt was made to collocate on an existing telecommunication facility,
and possible collocation structures. The Applicant has provided an inventory of existing
telecommunication facilities, and no other telecommunication facility or possible collocation
opportunity structures exist in this area. Should this facility be approved this commercial
telecommunication facility will be positioned to provide the existing and future land uses in this
area of the County with telecommunication needs.
PLANNING COMMISSION SUMMARY AND ACTION FOR THE 06/03/20 MEETING:
Mark Cheran, Zoning Administrator (Staff) reported this is a request to construct a 199-foot
monopole commercial telecommunication facility with accessory structures located at 141
Fairview Road in Gore VA and consists of 14 acres that are zoned RA (Rural Areas); the site is
in the Gainesboro Magisterial District. Staff noted that the Comprehensive Plan identifies this
area of the County to remain rural and is not part of any current land use study. Staff provided
an overview of the conditions that are proposed with the permit.
Chairman Kenney inquired what is considered a personal wireless service provider. Staff
explained that it is considered resources such as Cingular, AT&T, and T-Mobile. Mr. Doug
Sampson, legal counsel for AT&T came forward and provided an overview of the need of this
service in Frederick County. He noted, the need has never been higher; with people working
from home and students being taught at home. He highlighted that this is a First Net sight; what
that means is First Net is a congressionally authorized public safety network, which provide
emergency broadband to emergency provider and emergency personnel. Mr. Sampson stated the
application materials are accurate and comprehensive and fairly show what the project is . He
noted, they show compliance with the Comprehensive Plan and the Code of Frederick County.
Commissioner Triplett asked if this would give good coverage to other Back Creek valley area.
Mr. Sampson explained, it will be in and around the Gore, Virginia area and the Virginia, West
Virginia border, specifically along Route 50 and Route 259 as part of the coverage area. He
stated the request for the 199-ft. tower is to maximize the coverage area. Commissioner
Morrison inquired if this is a self-collapsing monopole. Mr. Sampson replied, these towers are
designed to have a fall radius, and designed to telescope within themselves.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come
forward at this time. No one came forward to speak and Chairman Kenney closed the public
comment portion of the hearing. Upon motion made by Commissioner Triplett and seconded by
Commissioner Dawson the Commission recommended approval of the permit with the
conditions presented by staff.
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EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/08/20 BOARD OF
SUPERVISORS MEETING:
This is a request for a Conditional Use Permit to construct a commercial telecommunication
facility consisting of a 199-foot monopole telecommunication facility and accessory structures.
The Planning Commission held a public hearing for this application at their June 3rd meeting and
recommended approval. Should the Board of Supervisors find this application to be appropriate,
the Planning Commission recommended that the following conditions be attached to the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating personal wireless services providers.
3. A minor site plan shall be approved by Frederick 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, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
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