The URL can be used to link to this page

Home My WebLink About02-20 PC Staff Report CONDITIONAL USE PERMIT #02-20 New Cingular Wireless PCS, LLC (AT&T) Staff Report for the Planning Commission Prepared: May 14, 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 Pending Board of Supervisors: 07/08/20 Pending EXECUTIVE SUMMARY: 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. Should the Planning Commission find the use to be appropriate, Staff would suggest the following conditions: 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, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 34 Page 2 CUP #02-20 New Cingular Wireless PCS, LLC (AT&T) May 14, 2020 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 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 35 Page 3 CUP #02-20 New Cingular Wireless PCS, LLC (AT&T) May 14, 2020 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 Policy Plan of Frederick County (“Comprehensive Plan”) 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. 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. 36 Page 4 CUP #02-20 New Cingular Wireless PCS, LLC (AT&T) May 14, 2020 STAFF CONCLUSIONS FOR THE 06/03/20 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on 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, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 37