Frederick Zoning Board of Appeals - June 23, 2015
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Frederick Zoning Board of Appeals - June 23, 2015
The Zoning Board of Appeals met on June 23, 2015, at 7:00 PM at City Hall. The board approved the April 28 minutes (with one abstention), postponed officer elections to the next meeting, and held a public hearing on a conditional use application for a telecommunications facility at 351 Ballenger Center Drive. After considering the staff report and applicant testimony, the board unanimously approved the application with conditions.
Consent Calendar
- Approval of Minutes: The board approved the April 28, 2015 meeting minutes with a voice vote (one abstention from member not present at that meeting).
- Board Elections: A motion to postpone the election of chair, vice-chair, and secretary to the next regular meeting was approved unanimously.
Public Comments
- No members of the public spoke during the general public comment period or on the new business case.
Discussion Items: ZBA15-357CU – 351 Ballenger Center Drive
- Applicant: Verizon Wireless (represented by Kathy Borton, Law Offices of M. Greg Diamond PC) requested conditional use approval for a 90-foot tall monopole telecommunications tower and a 50' x 50' fenced equipment enclosure on the property of the Frederick News-Post, zoned MO (Manufacturing Office).
- Staff Report: Gabrielle Dunn, Division Manager for Current Planning, presented the staff analysis and recommendation for approval. She found the proposal consistent with the Comprehensive Plan and Land Management Code, meeting all 14 criteria for conditional use. Key findings: the monopole would be set back 93.5 feet from the nearest property line (exceeding the required distance equal to its height); the site was chosen after a diligent search for co-location opportunities (no suitable existing towers within the coverage gap); a balloon test and photosimulations showed minimal visual impact; the facility would be designed for two carriers (Verizon plus one future carrier) and would comply with FCC radio frequency safety standards; all necessary permits and approvals (including Maryland Aviation Administration clearance) would be obtained prior to construction.
- Applicant Testimony: The applicant confirmed the application and accepted staff's recommended conditions. Technical experts were present to answer questions about site selection and generator specifications.
- Board Questions: Members asked about the generator (10 kW backup, diesel, self-contained) and clarified a minor discrepancy on fence height (7 feet total, including 1 foot of barbed wire). The applicant explained that the site fills a coverage gap in the "hole of the donut" between existing Verizon towers, and the location on a commercial/industrial property near the highway minimizes impacts.
Key Outcomes
- Motion for Approval: Member Butcher moved to approve the conditional use based on 15 findings of fact and three conditions. The motion was seconded by Member Patchon.
- Vote: The motion passed unanimously (4-0). All voting members present voted in favor.
- Conditions of Approval:
- Applicant must receive all necessary Maryland Aviation Administration approvals.
- Applicant must submit and receive approval of a final site plan.
- Applicant must obtain a zoning certificate establishing the use within two years, or the approval becomes void.
Meeting Transcript
Good evening, everybody. Welcome to the June 23rd, 2015 meeting of the City of Frederick Zoning Board of Appeals. We'll start off tonight. I'll give a little bit of background about the Zoning Board of Appeals and about our processes that will follow for tonight's uh meeting. We'll see if anybody has any questions along those lines. Uh and then after that, we'll get on to tonight's business. So the zoning board of appeals, we are all volunteers. We are all residents of the city. We are appointed by the mayor, and those appointments are confirmed by the board of aldermen. Um in addition to the members of the board, we also have support from the city's professional staff. Uh and just to introduce them for uh everybody's knowledge that you probably have uh met at least uh half, if not all of them to my far right, your far left, Ms. Gabrielle Dunn, and she is the division manager of current planning for the city of Frederick. And then to my far left and your far right is Ms. Leo Ortiz, she is the office manager with the planning department, and among her many, many, many duties is to also support the ZBA in our activities. Uh the uh way the process will work tonight is uh when we get to that point on the agenda, I'll call uh your case. Uh we only have one case of new business on the uh agenda, so I assume that the applicant is here. Usually we say uh let us know. Um after we call the case, I'll ask the staff for the staff report. Uh staff will read the staff report into the record, and at the end of that, they will give a recommendation regarding the case. Uh staff's analysis and recommendation is one criteria that we use in our decision making, but is not our only criteria. Uh following the staff report, we will see if the applicant would like to make a statement, elaborate on anything in the staff report, give us any kind of explanations. Uh during that time, members of the board may ask questions uh of the applicant. Um statements and questions, we will see if anyone from the general public uh would like to testify uh regarding the case. And then following any public testimony that we have, we will give the applicant an opportunity to sum up uh their uh thoughts, and that will close the public comment portion uh of the case. Um following that I will call for a motion for the from the board. Um I believe we need three votes in the affirmative uh after our recent text amendment uh regarding that. So simple majority passes a motion uh on the board. Uh for any of you old-time ZBA uh attendees, we used to have a supermajority requirement that was recently removed. Um if I could ask uh a couple uh favors from you uh for tonight. If you have a uh cell phone, if you could kind of set those to vibrate or turn the volume down, that would be great. Um if you happen to be speaking tonight, uh we would like uh to have your name and your address for the record. If you happen to leave the microphone and come back, uh if we could just have your name again before you start speaking, that would be great. Uh the reason for that is that all of tonight's proceedings are recorded. Uh anyone who is aggrieved by a decision of the ZBA has the right to appeal our decision to circuit court. Uh and when the judge is reviewing the evidence or listening to the recording, that helps them keep straight who might happen to be talking at any one time. So do we have any questions along those lines? No, seeing none. Uh we've got a couple of housekeeping uh matters on our agenda for tonight to take care of, and then we'll get on to new business. Members of the board under item uh one, we have review and approval of the April 28th, 2015 minutes of the ZBA. Uh I believe you have those minutes before you, and I will entertain a motion. I move to approve the minutes as presented. We have a motion from approval from Mr. Butcher. Do we have a second? I second. Second from Dr. Ying. Do we have any further discussion of the minutes? No. Could all those in favor signify by saying aye.
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