RESOLUTION

A Resolution to DENY special EXCEPTION REQUEST TWSE06-SC-001 TO ALLOW A TELECOMMUNICATIONS TOWER WITHIN THE VIRGINIA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY

            WHEREAS, the Commonwealth of Virginia c/o Virginia Department of Transportation (VDOT), Owner, and Verizon Wireless, Applicant, have requested a Special Exception TWSE06-SC-001 to allow for a telecommunications tower within VDOT right-of-way on land located in the general vicinity of the intersection of Route 55 and I-66; and

 

WHEREAS, the requested application for the Special Exception would allow for the inclusion of a tower within the aforementioned VDOT right-of-way; and

 

WHEREAS, per Article 11 of the Fauquier County Zoning Ordinance, the site does not meet the 100-foot setback requirement from a public highway, as the tower is located within excess right-of-way owned by VDOT; and

  

WHEREAS, per Article 5 of the Fauquier County Zoning Ordinance, the proposed use does not comply with the general standards as it will adversely affect the visual aesthetic of the surrounding area due to the proposed site location, facility size, and height; and

 

WHEREAS, per the Fauquier County Comprehensive Plan, current legislation affirms local governments’ right to control siting, construction, and the modification of cellular and other wireless telecommunications facilities; and

 

WHEREAS, the Comprehensive Plan notes the services these facilities provide for Fauquier residents, but such uses must be sensitive to the physical and visual impact of the landscape; and

 

WHEREAS, in the Comprehensive Plan in the discussion of potential site locations for facilities, under “Public Sites”, VDOT right-of-way is not included; and

 

WHEREAS, this proposed telecommunications tower location is not consistent with the Goals, Objectives and Policies outlined in Chapter 9, as it does not:

1.      Maintain and preserve the agricultural and residential character of the County and its neighborhoods and promote the creation of an attractive and harmonious community;

2.      Minimize the adverse visual impacts of wireless communications towers and related facilities through careful design, siting, landscape screening and innovative camouflaging techniques;

3.      Provide a location in an area with concentrations of employment and mature tree stands; the least preferred areas are in existing residential areas, historic/archeological site and natural resource areas;

4.      No tower shall be located within 1,000 feet of Virginia Scenic By-Ways unless an acceptable stealth tower design is utilized; and

 

WHEREAS, existing reasonable uses are available on the property; and

 

WHEREAS, the applicant has failed to demonstrate that other locations which are less impactive are not available; and

 

WHEREAS, with its request on February 16, 2006, the Planning Commission held a public hearing and considered public comment and forwarded a recommendation of denial to the Board of Supervisors; and

 

WHEREAS, on May 11, 2006 and June 8, 2006, the Board of Supervisors conducted public hearings and considered written and oral testimony; now, therefore, be it

 

            RESOLVED by the Fauquier County Board of Supervisors on this 8th day of June 2006, That Special Exception TWSE06-SC-001, Commonwealth of Virginia c/o Virginia Department of Transportation (VDOT), Owner, and Verizon Wireless, Applicant, be, and is hereby, denied as the proposal is not consistent with the Zoning Ordinance and Comprehensive Plan. 

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