HomeMy WebLinkAbout02-20 OrdinanceORDINANCE
Action:
PLANNING COMMISSION: June 3, 2020 Public Hearing Held, Recommended Approval
BOARD OF SUPERVISORS: July 8, 2020 Approved
ORDINANCE
CONDITIONAL USE PERMIT #02-20
NEW CINGULAR WIRELESS LLC (AT&T)
WHEREAS, CONDITIONAL USE PERMIT APPLICATION #02-20 was submitted by Joey Prieto of
New Cingular Wireless LLC (AT&T), on behalf of Elva Hahn to construct a commercial
telecommunication facility consisting of a 199 -foot monopole telecommunication facility and accessory
structures was considered. The property is located at 141 Fairview Road, Gore, Virginia and is further
identified with Property Identification Number 26-A-29 in the Gainesboro Magisterial District; and
WHEREAS, the Frederick County Planning Connnission held a public hearing on this Conditional Use
Permit on June 3, 2020 and recommended approval of this Conditional Use Permit; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional
Use Pennit during their regular meeting on July 8, 2020; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use
Pennit to be in the best interest of the public health, safety, welfare, and in confonnance with the
Comprehensive 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 #02-20 for a commercial telecommunication facility consisting of a 199 -foot
monopole telecommunication facility and accessory structures on the parcel identified with Property
Identification Number 26-A-29 is approved with the following conditions:
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.
hi the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Pennit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Pennit.
7. The tower shall include lighting for air traffic safety purposes.
This ordinance shall be in effect on the date of adoption. Passed this 8"' day of July 2020 by the
following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
Gene E. Fisher Aye Judith McCann -Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
Kris C. I ierney
Frederick County Administrator
PDRes #19-20
BOS Res. #003-20
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
July 9, 2020
New Cingular Wireless PCS, LLC (AT&T)
7150 Standard Drive
Hanover, MD 20176
Re: CUP #02-20 New Cingular Wireless
Property Identification Number 26-A-29
Dear Sir:
This letter is to confirm action taken by the Frederick County Board of Supervisors at
their meeting on July 8, 2020. Conditional Use Permit #02-20 was approved to construct
a commercial telecommunication facility consisting of a 199400t monopole
telecommunication facility and accessory structures. Further conditions associated with
the approval of the Conditional Use Permit include the following:
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.
7 The tower shall include lighting for air traffic safety purposes.
107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
ar R. Cheran
Zoning Administrator
MRC/pd
cc: J. Douglas McCarthy, Gainesboro Board of Supervisor
Kevin W. Kenney, and Charles E. Triplett, Gainesboro Planning Commissioners
Jane Anderson
Commissioner of Revenue
Inspection Department
Ms. Elva Hahn, 141 Fairview Road, Gore, VA 22637