HomeMy WebLinkAbout01-17 ResolutionAction:
BOARD OF SUPERVISORS: May 24, 2017
RESOLUTION
Denying Conditional Use Permit Application Number 01-17
of Shenandoah Mobile, LLC for a Telecommunications Tower Facility,
and the Request of Shenandoah Mobile, LLC, for a Setback Waiver on
Property Located at 871 Tasker Road,
Tax Parcel Number 7513-A-1, in the Shawnee Magisterial District
WHEREAS, on February 3, 2017, Shenandoah Mobile, LLC submitted
Conditional Use Permit Application Number 01-17 ("the Application"), requesting
approval of a Conditional Use Permit (CUP), pursuant to Frederick County Code § 165-
204.19, for a telecommunications tower facility, on property located at 871 Tasker Road,
Tax Parcel Number 75B -A-1 (Property), in the Shawnee Magisterial District; and
WHEREAS, the Frederick County Planning Commission conducted a public
hearing on the Application on March 1, 2017; and
WHEREAS, the Frederick County Planning Commission recommended denial of
the Application on March 1, 2017, on a 9-1 vote; and
WHEREAS, the Board of Supervisors conducted a public hearing on the
Application on April 12, 2017, continued to May 24, 2017; and
WHEREAS, the Property and the properties adjacent to the Property are in the
Residential Performance (RP) Zoning District and, with the exception of the Bowman
Library facility itself, which serves as a local cultural center for the community, the
Property and the properties adjacent to the Property are used for predominantly
residential purposes or are vacant; and
WHEREAS, the Board of Supervisors finds the requested use of the Property for
a telecommunications tower facility is not in conformance with the Comprehensive Plan,
for the following reasons:
• With respect to the County's residential areas, the Plan encourages the
inclusion of open space amenities, active, passive, and natural, located
Frederick County Board of Supervisors
Resolution Denying Conditional Use Permit Application Number 01-17
and a Request for a Setback Waiver (Shenandoah Mobile, LLC)
May 24, 2017
Page 2
in close proximity to all dwellings, with an emphasis on the provision
of usable open space for resident use and enjoyment; and
• The Property and the surrounding area are located within the area
encompassed by the Southern Frederick Area Plan component of the
Comprehensive Plan and the Southern Frederick Area Plan shows the
Property as being planned for residential uses; and
• The Southern Frederick Area Plan also identifies recreational uses on
and in the immediate vicinity of the Property, including along
Lakeside Drive and around the lake located behind the Bowman
Library; and
• The simulations presented by the Applicant of the proposed
telecommunications tower facility reveal that the proposed site
provides little, if any, screening for the proposed telecommunications
tower facility, thereby leaving unobstructed and unsightly views of
that facility from several different vantage points; and
• The Comprehensive Plan identifies the area in which the Property is
located to remain residential in character; and
• The Applicant's statement regarding conformance with the
Comprehensive Plan is particularly weak and unconvincing, as the
Applicant acknowledges that telecommunications facilities are not
specifically addressed in the Comprehensive Plan, but asserts that it
"feels that this proposed facility is in accordance with the design
principals (sic) of the Urban Area," none of which are identified by the
Applicant. The Applicant goes on to assert, in essence, that the
proposed facility is in conformance with the Plan simply because
many residents live in the area of the proposed facility and that "future
growth is anticipated". The Board does not agree with the Applicant's
vague rationale, which is intended to, but does not support its attempt
to conclude that the proposed facility is in conformance with the
Comprehensive Plan; and
• The Frederick County Planning Commission has not approved the
proposed telecommunications tower facility under the provisions of
Va. Code § 15.2-2232(A); and
• The Comprehensive Plan does not support the establishment of a 165 -
foot -tall telecommunications tower on the Property; and
Frederick County Board of Supervisors
Resolution Denying Conditional Use Permit Application Number 01-17
and a Request for a Setback Waiver (Shenandoah Mobile, LLC)
May 24, 2017
Page 3
WHEREAS, although commercial telecommunications facilities are permitted by
conditional use permit in the RP District, such permission is expressly conditioned by §
165-204.19 of the Frederick County Zoning Ordinance on the proviso that, pursuant to §
15.2-2232(A) of the Virginia Code, the general location or approximate location,
character, and extent of such facilities must be substantially in accord with the adopted
Comprehensive Plan or part thereof and the Board finds that the Applicant has failed to
establish compliance with the foregoing provisions and the Board further finds that the
general location or approximate location, character, and extent of the telecommunications
tower facility proposed in the Application is not substantially in accord with the adopted
Comprehensive Plan or part thereof; and
WHEREAS, although commercial telecommunications tower facilities may be
permitted with the approval of a conditional use permit in the RP District, such
permission is also expressly conditioned by § 165-204.19 of the Frederick County Zoning
Ordinance, which provides that, adjoining properties, surrounding residential properties,
and scenic areas cannot be negatively impacted by the proposed facility, and the Board
finds that adjoining properties, surrounding residential properties, and scenic areas would
be negatively impacted by the proposed telecommunications tower facility based on the
height of the proposed tower facility and the lack of adequate screening; and
WHEREAS, the Bowman Library serves as a local cultural center for the
community and the requested use would be inconsistent with that function; and
WHEREAS, the height of the proposed telecommunications tower, 165 feet, is
significantly greater than every structure in the immediate vicinity and, therefore, the
proposed telecommunications tower facility is incompatible with and out of scale with
the height all of the existing structures in the immediate vicinity of the proposed tower;
and
WHEREAS, the telecommunications tower facility requested by the Applicant is
proposed to set back 127 feet from the property line, while said facility is required by the
applicable provisions of the Frederick County Zoning Ordinance to set back at least 170
feet from the northern property line; and
WHEREAS, the Applicant has requested a waiver of 43 feet from the setback
requirement to allow it to reduce the required setback from 170 feet to 127 feet from the
northern property line; and
WHEREAS, while the Board may approve a setback waiver such as the waiver
requested by the Applicant from the northern property line, it is under no obligation to
approve any such waiver; and
Frederick County Board of Supervisors
Resolution Denying Conditional Use permit Application Number 01-17
and a Request for a Setback Waiver (Shenandoah Mobile, LLC)
May 24, 2017
Page 4
WHEREAS, under the circumstances presented in the Application regarding the
proposed establishment of a 165 -foot -tall telecommunications tower facility on the
Bowman Library site in a predominantly residential area, with little, if any, screening of
that proposed facility, the Board should deny the foregoing setback waiver requested by
the Applicant; and
WHEREAS, based on the Applicant's failure to secure approval of the foregoing
setback waiver, the Application would not comply with the requirements of the Frederick
County Zoning Ordinance; and
WHEREAS, the Property is located in an environmentally significant area,
containing scenic landscape, scenic features, and habitat for various wildlife, and the
requested use would be incompatible with and would negatively impact the area by
detracting from the general viewshed of the area, especially in view of the height of the
proposed facility and the lack of adequate screening of that facility;
NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of
Supervisors does hereby deny the Applicant's setback waiver request for the proposed
telecommunications tower facility; and
BE IT FURTHER RESOLVED that, based on the foregoing grounds, the
Frederick County Board of Supervisors does hereby deny the Application, pursuant to
Frederick County Code § 165-204.19, for a 165 -foot -tall telecommunications tower
facility, on property located at 871 Tasker Road, Tax Parcel Number 75B -A-1, in the
Shawnee Magisterial District.
Passed this 24th day of May 2017 by the following recorded vote:
This resolution was approved by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye
Bill M. Ewing Aye Blaine P. Dunn Aye
Robert W. Wells Aye Gene E. Fisher Aye
Judith McCann -Slaughter Aye
Frederick County Board of Supervisors
Resolution Denying Conditional Use Permit Application Number 01-17
and a Request for a Setback Waiver (Shenandoah Mobile, LLC)
May 24, 2017
Page 5
A COPY ATTEST
renda G. Garton
Frederick County Administrator
BOS Res. #078-17
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
June 8, 2017
Shenandoah Mobile LLC
500 Shentel Way
Edinburg, VA 22824
RE: Conditional Use Permit #01-17 Bowman Library
Property Identification plumber: 75B -A-1
Dear Sir:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their
meeting on May 24, 2017:
Conditional Use Permit #01-17 for a
telecommunication facility was denied.
months have expired.
165 foot monopole type commercial
You have the right to reapply after 12
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
rl�l Cheran
Zoning Administrator
MRK/pd
cc: Gene E. Fisher, Shawnee District Supervisor
H. Paige Manuel and Lawrence Ambrogi, Shawnee District Planning Commissioners
Lynn Koerner 3126 South Ox Road, Edinburg, VA 22824
Donohue & Stearns, Edward Donohue, 117 Oronoco St., Alexandria, VA 22314
Enclosure
107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
May 26, 2017
County of Frederick Virginia
107. N. Kent Street
Winchester, VA 22601
RE: Conditional Use Permit #01-17 Bowman Library
Property Identification Number: 75B -A-1
Dear Sir or Madam:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their
meeting on May 24, 2017:
Conditional Use Permit #01-17 for a
telecommunication facility was denied.
months have expired.
165 foot monopole type commercial
You have the right to reapply after 12
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
*Weera/?
Zoning Administrator
MRK/pd
cc: Gene E. Fisher, Shawnee District Supervisor
H. Paige Manuel and Lawrence Ambrogi, Shawnee District Planning Commissioners
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000