HomeMy WebLinkAbout2006-09• Ordinance 2006-09
Ordinance Approving A Special Exception for A Cellular Tower at 525
Ridge Avenue
Adopted: March 7, 2006
Effective: March 7, 2006
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ORDINANCE 2006-09
• ORDINANCE APPROVIN
G A SPECIAL EXCEPTION FOR A CELLULAR TOWER
AT 525 RIDGE AVENUE
WHEREAS, New Cingular Wireless PCS, LLC applicant, and the Town of Pulaski,
Virginia, owner, submitted an application for a special exception to erect a monopole
cellular tower 150 feet in height, capped with a lightning rod four (4) feet in height, for a
total height of 154 feet, at 525 Ridge Avenue; and
WHEREAS, the subject properties are zoned R-4 Residential District and are identified
as Tax Map No. 072-095-0005-0037 and 0038; and
WHEREAS, radio, communications, or television transmission or receiving towers more
than fifty (50) feet in height are permitted in the R-4 District as a special exception; and
WHEREAS, after advertisement by law, the Planning Commission and Town Council
conducted public hearings on January 9, 2006 and February 7, 2006 respectively,
wherein the comments and concerns of the public were heard and the factors listed in
Section 702.4-5 of the Town of Pulaski Zoning Regulations were considered by the
Planning Commission and Town Council; and
WHEREAS, the Planning Commission recommended approval of the special exception
• with the condition that an abandonment clause, standard to the industry be included in
any agreement between the Town of Pulaski and New Cingular Wireless PCS, LLC;
NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski,
Virginia sitting in regular session this 7t" day of March, 2006 that the application of New
Cingular Wireless PCS, LLC, applicant; Town of Pulaski, Virginia, owner; to erect a
monopole cellular tower with attached lighting rod for a total of 154 feet in height at 525
Ridge Avenue is hereby approved under the conditions that:
1. All federal, state and local laws be complied with.
2. That an abandonment clause, standard to the industry be included in an
agreement between the Town of Pulaski and New Cingular Wireless PCS, LLC;
to be negotiated with the Town Manager to his satisfaction and in accordance
with the provisions of this ordinance.
3. That the facility be constructed in compliance with the submitted site plan.
FURTHER, that the Town Council, in evaluating the proposed use under Section 702.4-
5 of the zoning regulations, has considered the effect of the proposed use upon traffic in
the area, the current and future need of the proposed use in the Town, the character of
the existing area, and the effect of the proposed use on existing property values and
determined that none of the above factors outweigh the benefits of the use or would be
a substantial factor that would justify denying the use.
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This ordinance is effective upon adoption and is hereby adopted this 7th day of March,
• 2006 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as
follows:
Jeffrey S. Worrell -Aye
Daniel Talbert, Jr. -Aye
Bettye H. Steger -Absent
Lane R. Penn -Aye
John T. Bolen -Aye
Joel B. Burchett, Jr. -Aye
THE TOWN OF PULASKI, VIRGINIA
By:
Charles L. Wade, Mayor
ATTEST:
Patricia Cruise, Clerk of Council
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I, Patricia Cruise, Clerk of Council, certify that the forgoing Ordinance
2006-09 Ordinance Approving A Special Exception for a Cellular Tower at
525 Ridge Avenue is a true and correct copy as adopted by the Pulaski Town
Council at their regular meeting on March 7, 2006.
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Patricia Cruise, Clerk of Council
TC/clordinance/certification 2006-09
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