HomeMy WebLinkAbout09-08 Resolution to DenyAction:
PLANNING COMMISSION
BOARD OF SUPERVISORS:
October 15, 2008
February 25, 2009
RESOLUTION
❑ APPROVED
KI APPROVED
❑ DENIED
❑ DENIED
Denying Conditional Use Permit Application Number 09-08
of Shenandoah Mobile Company for a Telecommunications Tower Facility
on Property Located at 1203 Redbud Road,
Tax Parcel Number 55 -A -129A, in the Stovewail Magisterial District
WHEREAS, on July 16, 2008, Shenandoah Mobile Company submitted Conditional
Use Permit Application Number 09-08, requesting approval of a Conditional Use Permit (CUP),
pursuant to Frederick County Code § 165-48.6, for a telecommunications tower facility, of 195 feet
in height, on property located at 1203 Redbud Road, Tax Parcel Number 55 -A -129A (Property), in
the Stonewall Magisterial District;
WHEREAS, the Planning Commission held a public hearing on this Conditional
Use Permit on October 15, 2008;
WHEREAS, the Board of Supervisors held a public hearing on this Conditional Use
Permit on November 12, 2008 and continued the public hearing on February 25, 2009;
WHEREAS, the Property, and all properties adjacent to the Property, are in the
Rural Areas (RA) Zoning District and are currently used for low-density residential purposes or are
vacant;
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:
o The proposed site of the requested use is located outside the County's Sewer and
Water Service Area (SWSA) and Urban Development Area (UDA), both of
which being areas that the County intends for more intensive forms of
PDRES#10-09
Frederick County Board of Supervisors
Resolution
Denying Conditional Use Permit Application Number 09-03
February 25, 2009
Page 2
development, and therefore the proposed site is subject to protection from such
industrial, commercial, and residential development;
• The proposed site of the requested use is located within the area encompassed by
the Northeast Land Use Plan (NELUP) component of the Comprehensive Plan
and the NELUP encourages the preservation and protection of significant historic
resources, environmentally -sensitive areas, and open space areas within the area
it encompasses;
• The NELUP identifies Developmentally Sensitive Areas (DSAs) located
proximate to the property, such areas being designated to ensure that their
historic resources, areas of steep slopes and mature woodlands, existing
residential clusters, and public land uses are protected from future development;
• The proposed site of the requested use is located proximate to the historical sites
of the Third Battle of Winchester, Hackwood, and Milburn;
• The NELUP further provides to ensure that the Historic Resources Advisory
Board (HRAB) reviews all development proposals which impact identified
DSAs, the HRAB has reviewed the requested use, and the HRAB concluded that
the benefits of the requested use, in terms of additional mobile telephone
coverage levels as shown in the applicant's coverage map, do not Warrant the
impact of a telecommunications tower facility on the area's viewshed;
a The Virginia Department of Transportation has indicated that the requested use
will require the construction of a commercial entrance; and
• The requested use would change the character of the area within which it would
be located, as the requested use would be inconsistent with rural and historical
character of the area, would blight the viewshed of the area, would require a
transportation facility incompatible with the area, would not be in keeping with
the protection of environmental resources of the area, and have an overall
negative impact on the area--
WHEREAS,
rea;
WHEREAS, the proposed site of the requested use is located proximate to Redbud
Road (Route 661), a designated Virginia Byway, which designation takes into consideration the
scenic landscape, historic Civil War battlefields, and environmentally significant nature of the area,
and the requested use would be inconsistent with those characteristics;
WHEREAS, the proposed site of the requested use is located proximate to the
proposed Redbud Trail Greenway, which is intended to emphasize the natural environmental
features of the area, with which the requested use would be inconsistent;
PDRES#10-09
Frederick County Board of Supervisors
Resolution
Denying Conditional else Permit Application Number 09-08
February 25, 2009
Page 3
WHEREAS, the County has traditionally had a higher expectation for land use
actions in rural areas, scenic areas, along byways, and proximate to DSAs, so that scenic areas and
properties of significant historic values are not negatively impacted, and the requested use does not
satisfy that expectation; and
WHEREAS, the applicant has not presented sufficient evidence of its efforts to
locate or co -locate at a different location or of its need to locate at the Property.
NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of
Supervisors denies approval of a Conditional Use Permit (CUP), pursuant to Frederick County
Code § 165-48.6, for a telecommunications tower facility, of 195 feet in height, on property located
at 1203 Redbud Road, Tax Parcel Number 55 -A -129A (Property), in the Stonewall Magisterial
District.
Passed this 25th day of February, 2009 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Nay
Gary W. Dove Aye Bill M. Ewing Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Philip A. Lemieux Aye
A COP TTEST--6Lj�
e
n . Ri ey, Jr.
Frederick County Administrator
PDRESM 0-09
BOS Res. #049-09