HomeMy WebLinkAbout09-20 OrdinanceORDINANCE
Action:
PLANNING COMMISSION: August 19, 2020 Public Hearing Held, Recommended Approval
BOARD OF SUPERVISORS: September 9, 2020 Approved
ORDINANCE
CONDITIONAL USE PERMIT #09-20
RICHARD DAUGHERTY & SUSAN DAUGHERTY
WHEREAS, CONDITIONAL USE PERMIT APPLICATION #09-20 was submitted by Richard
Daugherty and Susan Daugherty to construct a commercial telecommunication facility consisting of a 100 -
foot telecommunication tower was considered. The property is located at348 Peeper Lane, Winchester,
Virginia and is further identified with Property Identification Number 22 -A -19G in the Gainesboro
Magisterial District; and
WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use
Per-unit on August 19, 2020 and recommended approval of this Conditional Use Pen -nit; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional
Use Per-unit during their regular meeting on September 9, 2020; 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 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 #09-20 for a commercial telecommunication facility consisting of a 100 -foot
telecommunication tower on the parcel identified with Property Identification Number 22 -A -19G is
approved with the following conditions:
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. The Applicant has secured and recorded a "tower easement" on the adjoining property identified by
PIN# 22 -A -19F for the purposes of the required setback fall area for the tower. Should this tower
easement be vacated on 22 -A -19F, the tower shall be removed within 30 days of notification by the
County unless the Applicant can demonstrate through documentation by a Virginia certified
engineer, that the tower would collapse in a contained area around the tower with a radius equal to or
lesser than the setback, measured from the center line of the base of the wireless facility or wireless
support structure per 165-204.19C(3)a.
5. 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 91h day of September 2020 by the
following recorded vote:
Charles S. DeHaven, Jr., Chainnan 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. Tierney
Frederick County ministrator
PDRes #30-20
BOS Res. #023-20
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
September 10, 2020
Richard Daugherty
Susan Daugherty
348 Peeper Lane
Winchester, VA 22603
Re: CUP #09-20 Richard & Susan Daugherty
Property Identification Number 22 -A -19G
Dear Mr. & Mrs. Daugherty:
This letter is to confirm action taken by the Frederick County Board of Supervisors at
their meeting on September 9, 2020. Conditional Use Permit #09-20 was approved to
construct a commercial telecommunication facility consisting of a 100 -foot 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. The Applicant has secured and recorded a "tower easement" on the adjoining property
identified by PIN# 22 -A -19F for the purposes of the required setback fall area for the
tower. Should this tower easement be vacated on 22 -A -19F, the tower shall be
removed within 30 days of notification by the County unless the Applicant can
demonstrate through documentation by a Virginia certified engineer, that the tower
would collapse in a contained area around the tower with a radius equal to or lesser
than the setback, measured from the center line of the base of the wireless facility or
wireless support structure per 165-204.19C(3)a.
5. Any expansion or modification of this use will require a new Conditional Use Permit.
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.
Sincere] ,
Mark 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