RESOLUTION

A RESOLUTION TO DENY SPECIAL EXCEPTION REQUEST #SE03-C-11 FOR THE CONSTRUCTION OF A TELECOMMUNICATIONS FACILITY, AT&T WIRELESS SERVICE, INC., APPLICANT, GEORGE C. & HELEN F. ELMORE, OWNERS

WHEREAS, AT&T Wireless, applicant, and George and Helen Elmore, owners, have applied for a special exception to construct a 110-foot monopole communications tower on the property identified by PIN #7904-15-6717-000; and

            WHEREAS, the Fauquier County Planning Commission has conducted a public hearing and has reviewed both public testimony and the technical justification for this tower; and

WHEREAS, written and oral comments regarding the location of the proposed telecommunications tower were submitted to the Planning Commission; and

WHEREAS, on March 17, 2003 , the Fauquier County Board of Supervisors also conducted a public hearing on this application; and

WHEREAS, in the judgment of the Board, the applicant has not adequately demonstrated that the proposed tower height and location is necessary to provide significantly improved wireless coverage for the proposed service area over that provided by a tower at a lower height; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 17th day of March 2003, That Special Exception #SE03-C-11, AT&T Wireless, Inc., applicant, is, hereby denied for the following reasons:

  1. The provisions of the Zoning Ordinance for a special exception are not met in this application, the Board finding that the proposed facility will negatively impact the public health, safety and welfare of residents of Fauquier County and adjoining property owners.
  2. The proposed use will hinder and discourage the appropriate development and use of adjacent land and impair the value of adjacent land, in violation of Sections 5-006, 11-101 and 11-102 of the Zoning Ordinance.
  3. The proposed use will be incompatible with existing or planned development in the general area and the Comprehensive Plan.
  4. The proposed use fails to comply with and is not in conformity with the applicable standards of Article 5 and Article 11 of the Zoning Ordinance, and all other applicable requirements of the Zoning Ordinance.
  5. The property, which is the subject of this special exception request, has available to it other existing reasonable permitted, special exception and special permit uses.
  6. Other existing and potential locations are suitable to serve the proposed use.
  7. The applicant has failed to show that the proposed tower is technically justified due to unique environmental and/or terrain features, or technological constraints that would preclude the provision of personal wireless service within the proposed service area, except by the use of the proposed tower.
  8. The Zoning Ordinance provides standards for telecommunication towers that do not require a special exception. The applicant has failed to demonstrate that the proposed area and level of service could not be met by using one or more towers, at this or other locations, and at heights consistent with the standards of the Zoning Ordinance.