HomeMy WebLinkAbout09-17 OrdinanceAction:
ORDINANCE
PLANNING COMMISSION: February 21, 2018 Public Hearing Held
Recommended Approval
BOARD OF SUPERVISORS: March 14, 2018 APPROVED
ORDINANCE
CONDITIONAL USE PERMIT #09-17
GREGORY A. BISHOP — 219 Round Hill Road
SHENANDOAH MOBILE, LLC
WHEREAS, Conditional Use Permit #09-17 to enable construction of a 138 -foot
Monopole -Type Commercial Telecommunications Facility, submitted by Shenandoah
Mobile, LLC, was considered. The Property is located at 219 Round Hill Road, Winchester,
Virginia and is further identified with Property Identification Number 52-A-254, in the Back
Creek Magisterial District; and
WHEREAS, the Frederick County Planning Commission held a public hearing on the
Conditional Use Permit on February 21, 2018, and recommended approval of the
Conditional Use Permit; and,
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this
Conditional Use Pen -nit during their regular meeting on March 14, 2018; and,
WHEREAS, the Frederick County Board of Supervisors finds the approval of this
Conditional Use Pen -nit 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 Pen -nit Application #09-17 to enable
construction of a 138 -foot Monopole -Type Commercial Telecommunications Facility on
the parcel identified by Property Identification Number 52-A-254 with the following
conditions:
PDRes #07-18
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.
In addition, should the Board of Supervisors find the waiver to the required setback is
acceptable, a motion to recommend approval of the setback reduction of 69' to allow the
tower to be 134' from the identified property would be appropriate.
Passed this 14th day of March 2018 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman _Aye Gary A. Lofton _Aye
J. Douglas McCarthy Aye Judith McCann -Slaughter Aye
Shannon G. Trout _Aye Blaine P. Dunn _Aye
Robert W. Wells _Aye
A COPY ATTEST
Kris C. ie
Frederick County Administrator
PDRes #07-18
BGS Res. 070-18 2
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
March 15, 2018
Shenandoah Mobile, LLC
P.O. Box 459
Edinburg, VA 22824
Re: CUP #09-17 Property Identification Number 52-A-254
Dear Sir:
This letter is to confirm action taken by the Frederick County Board of Supervisors at
their meeting on March 14, 2018. Conditional Use Permit #09-17 was approved to
construct a 138 -foot monopole Type Commercial Telecommunication Facility. 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.
The Board of Supervisors found the waiver to the required setback acceptable, a motion
to recommend approval of the setback reduction of 69' to allow the tower to be 134' from
the identified property.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
Mark R. Cheran
Zoning Administrator
MRC/pd
cc: Gary A. Lofton, Back Creek Board of Supervisor
J. Rhodes Marston and Greg L. Unger, Back Creek Planning Commissioners
Lynn Koerner 3126 South Ox Road, Edinburg, VA 22824
Gregory Bishop 108 Stonewall Drive, Winchester, VA 22602
Jane Anderson
Commissioner of Revenue
Inspection Department