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HomeMy WebLinkAbout07-20 OrdinanceORDINANCE Action: PLANNING COMMISSION: August 19, 2020 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: September 9, 2020 Approved ORDINANCE CONDITIONAL USE PERMIT #07-20 DARIN HOCKMAN WHEREAS, CONDITIONAL USE PERMIT APPLICATION #07-20 was submitted by Darin Hockman to construct a commercial telecommunication facility consisting of a 100 -foot telecommunication tower was considered. The property is located at 201 Darteijo Drive, Middletown, Virginia and is further identified with Property Identification Number 84 -A -27J in the Back Creek Magisterial District; and WHEREAS, the Frederick County Plamning Commission held a public hearing on this Conditional Use Permit on August 19, 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 Permit during their regular meeting on September 9, 2020; 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 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 #07-20 for a commercial telecommunication facility consisting of a 100 -foot telecommunication tower on the parcel identified with Property Identification Number 84 -A -27J 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. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. This ordinance shall be in effect on the date of adoption. Passed this 9"' day of September 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. Dumi A COPY ATTEST Kris C. ierne Frederick County Administrator PDRes #26-20 BOS Res. #022-20 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 September 10, 2020 Darrin Hockman 201 Darterjo Dr. Middletown, VA 22645 Re: CUP #07-20 Darrin Hockman Property Identification Number 84 -A -27J Dear Mr. Hockman: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on September 9, 2020. Conditional Use Permit #07-20 was approved to construct a commercial telecommunication facility consisting of a 100 -ft telecommunication tower. 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 The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4 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, Mark R. Cheran Zoning Administrator MRC/pd cc: Shawn L. Graber, Back Creek Board of Supervisor John F. Jewell and J. Rhodes Marston, Back Creek Planning Commissioners Jane Anderson Commissioner of Revenue Inspection Department 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000