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Home My WebLink About02-23 PC Staff Report CONDITIONAL USE PERMIT #02-23 The Caterer LLC (Arcola Towers) 150’ Monopole Wireless Telecommunications Tower Staff Report for the Planning Commission Prepared: May 7, 2025 Staff Contact: Kayla Peloquin, Planner II Executive Summary: Meeting Schedule Planning Commission: May 21, 2025 Action: Pending Board of Supervisors: June 11, 2025 Action: Pending Property Information Property Identification Number (PIN) 76-2-A Address 1930 Front Royal Pike Magisterial District Shawnee Acreage +/- 2.03 acres Zoning & Present Land Use Zoning: B1 (Neighborhood Business) Land Use: Catering Business Adjoining Property Zoning & Present Land Use North: RA (Rural Areas) District Land Use: Residential South: RA (Rural Areas) District Land Use: Residential East: RA (Rural Areas) District Land Use: Agricultural/Residential West: RA (Rural Areas) District Land Use: Residential Proposed Use The applicant proposes a 150’ monopole wireless telecommunications tower. Review Agency Comments: Review Agency Comment Date Comment Summary Virginia Department of Transportation (VDOT) March 10, 2023 Site access being upgraded for catering business, no objection to the CUP. Frederick-Winchester Health Department February 23, 2023 No comments or objections. 18 Page 2 of 5 Frederick County (FC) Public Works March 3, 2023 Prior to site development, a land disturbance permit, erosion and sediment control plan, and stormwater plan may be required. FC Inspections February 24, 2023 Tower must comply with Virginia Uniform Statewide Building Code. Special inspection requirements apply. FC Fire Marshal March 1, 2023 Approved. Winchester Regional Airport March 30, 2023 Proposed development subject to an open Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) study for radio frequency interference. Any requirements of the study should be incorporated as a condition and provided to the Airport. If there are any changes to the maximum height of the structure, coordinate with airport management. Frederick Water March 1, 2023 No comments. City of Winchester February 23, 2023 No comments. Historic Resources Advisory Board (HRAB) March 24, 2023 Recommended working with VA Department of Historic Resources (DHR) to fund a replacement of previously existing sign near the intersection of Front Royal Pike and West Parkins Mill Road that explains the historical significance of the parking Mill Battery and Frederick Hall. Planning & Zoning: Application Proposal: The application proposes a 150’ monopole wireless telecommunications facility by Arcola Towers for T-Mobile. The tower would be located within a 1,346 square foot (SF) fenced compound consisting of 8’ tall chain link fence with privacy slats. The applicant has provided a letter certifying the fall radius of 75’ from a certified Professional Engineer. Staff Analysis: §165-103.02 of the Zoning Ordinance on standards for Conditional Use Permits states that the Planning Commission and Board shall consider the following standards when considering Conditional Use Permits: 19 Page 3 of 5 A. The conditional use shall not tend to change the character and established pattern of development of the area of the proposed use. • The property for the proposed tower is a commercial property within a predominantly rural and agricultural area with single family detached residences on large lots. There are overhead utility lines along Front Royal Pike (Route 522) and a nearby wastewater treatment facility. B. The conditional use shall be in harmony with and shall not adversely affect the use and enjoyment of surrounding properties. • The proposed CUP will be visible from surrounding properties and may alter the visual landscape. C. The conditional use shall be in accord with the policies expressed in the Comprehensive Plan of the County and with the intent of this chapter. • The proposed location is within the proposed limits of the Senseny/Eastern Frederick Urban Area Plan (SEFUAP) within the Comprehensive Plan. The long-range land use is planned as high-density residential. The property is located just outside the limits of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). Given that the County envisions this area as high-density residential, the proposed tower may be appropriate to provide service to the many potential future residents in this area. • The subject property is located in the Frederick Hall/Parkins Mill Battery Possible Historic District (SEFUAP, pg. 15). The HRAB noted the existing overhead utility lines and presence of other modern infrastructures compromise the historic integrity of the possible historic district. • The Public Facilities chapter of the Comprehensive Plan includes a broadband and telecommunications section with a goal to “promote the development of a high-quality wireless telecommunications network throughout the County to serve its residents, while protecting the County’s visual landscape, historic resources, and natural resources.” (pg. 82). The proposed tower follows the implementation strategy to “Support and facilitate the development of high-speed wired and wireless telecommunication networks, including broadband technology, to support rural businesses and residents” (pg. 82). D. The conditional use shall not adversely affect the natural character and environment of the County. • The facility will be constructed with grey galvanized steel in conformance with §165- 204.19(C)(3)(e) to mitigate visual impacts. • Trileaf Corporation prepared a NEPA (National Environmental Policy Act) Report in conformance with FCC (Federal Communications Commission) regulations and determined that “preparation and filing of an Environmental Assessment will not be required and no further NEPA-related action is required for the proposed undertaking” (NEPA Report, pg. 5). Therefore, no potential environmental impacts from the proposed project were identified that warranted further study. 20 Page 4 of 5 E. The conditional use permit shall be approved only if adequate facilities, roads, safe access and drainage are provided. • Review agencies have not indicated any concerns with adequate facilities to serve the proposed use. Public works will require various plans and permits prior to construction to address land disturbance and drainage. F. The conditional use shall conform with all applicable regulations of the district in which it is located. • The Zoning Ordinance includes additional regulations for commercial telecommunications facilities in §165-204.19. • §165-204.19(C)(3)(a) allows the Board of Supervisors, in granting the CUP, to “reduce the required setback distance for the wireless facility or wireless support structure as required by § 165-201.03B(8) of this Code if the applicant submits sufficient documentation, certified by a registered Virginia professional engineer, that, in the event of a collapse of the wireless facility or wireless support structure, the collapsed wireless facility or wireless support structure will be contained in a fall zone that does not extend into the area of the proposed reduced setback, measured from the center line of the base of the wireless facility or wireless support structure. The setback distance shall not be reduced to less than half the distance of the height of the wireless facility or wireless support structure if the adjoining property is zoned for residential use or if the principal use of the adjoining property is a residence.” o The fall zone of 75’ is not more than half the total height of the tower (150’), which meets this requirement. • §165-204.19(C)(2)(b)[1] and §165-204.19(C)(2)(b)[2] state that a map depicting the search area used in siting the proposed facility or structure must be included in the CUP application along with identification of all service providers and commercial telecommunications facility within the search area per Code of Virginia §15.2-2316.4:2(D). The Code of Virginia does not include a specific search radius; it only references the “availability of existing wireless support structures within a reasonable distance that could be used for co-location at reasonable terms and conditions without imposing technical limitations.” A search radius of 1 mile was utilized and no facilities were found within the 1-mile radius. Recommendation: Should the Planning Commission find the use to be appropriate, staff would suggest the following conditions for the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall not exceed 150’ in height. 3. The tower shall be available for co-locating personal wireless service providers. 4. A minor site plan meeting all requirements of the Zoning Ordinance, including additional regulations for commercial telecommunications facilities (§165-204.19) shall be approved prior to establishment of the uses. 21 Page 5 of 5 5. In the event a telecommunications tower is not constructed within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or change of use shall require a new Conditional Use Permit. Following a public hearing, staff are seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on this CUP application. 22