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HomeMy WebLinkAbout03-16 ResolutionAction: RESOLUTION PLANNING COMMISSION: June 15, 2016 -Recommended Approval BOARD OF SUPERVISORS: July 27, 2016 N APPROVED DENIED RESOLUTION CONDITIONAL USE PERMIT #03 -16 CELLCO PARTNERSHIP DB /A VERIZON WIRELESS WHEREAS, Conditional Use Permit #03 -16 of Cellco Partnership d /b /a Verizon Wireless, submitted by Cellco Partnership d /b /a Verizon Wireless, to enable the construction of a 150 foot, Monopole Telecommunications Facility with a 50 x 50 foot equipment compound and a setback waiver for a 65 foot setback reduction was considered. The Property is located at 143 Greenwood Road and is further identified with Property Identification Number 55 -A -79 in the Redbud Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on June 15, 2016, and recommended approval of the Conditional Use Permit with conditions: and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on July 27, 2016; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #03 -16 to enable the construction of a 150 foot, Monopole Telecommunications Facility with a 50 x 50 foot equipment compound and a setback waiver of a 65 fool setback reduction with the following conditions: PDRes #22 -16 9 • 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. Passed this 27th day of July, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye Robert A. Hess Absent Judith McCann - Slaughter Aye Gene E. Fisher Aye Blaine P. Dunn Aye Robert W. Wells Absent A COPY ATTEST Brenda G. Garton Frederick County Administrator PDRes #22 -16 2 BOS Res. 4005 -16 July 28, 2016 Ms. Heather Rubinstein of SCE For Cellco Partnership -dba Verizon Wireless 905 Gerwig Lane, Suite M Columbia, MD 20146 Re: CUP #03 -16 Property Identification Number 55 -A -79 Dear Ms. Rubinstein: L COUNTY of FREDERICK Department of Planning and Development 540/ 665 -5651 Fax: 540/ 665 -6395 This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on July 27, 2016. Conditional Use Permit #03 -16 was approved for a 150 -foot Monopole Telecommunication Facility with a 50 x 50 foot equipment compound. Further conditions associated with the approval of the Conditional Use Permit include the following: 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. If you have any questions regarding this action, please feel free to call this office. Sincerely, Zoning Administrator MRC /pd cc: Blaine P. Dunn, Board of Supervisors, Redbud District Christopher Mohn and Charles Dunlap, Redbud Planning Commissioners Jane Anderson Commissioner of Revenue Inspection Department Grace Brethern 143 Greenwood Road, Winchester, VA 22602 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000