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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0276
Invisible Towers, LLC
Bermuda Magisterial District
13028 Harrowgate Road
September 24, 2008 BS
RE VEST: Conditional Use to permit a communications tower in an Agricultural (A) District.
PROPOSED LAND USE:
A 128 foot communications tower designed as a pine tree and associated
improvements are p anne .
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposal conforms to the Public Facilities Plan which suggests that
communications tower locations should generally be located to minimize the
impact on existing or future areas of development and suggests sites with existing
mature vegetation and topographical features are preferable.
B. The proposal conforms to the Tower Sitin.~ Policy which suggests that towers
located in residential areas should possess design features that mask the utilitarian
nature of the tower.
Providing a FIRST CHOICE community through excellence in public service
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS AND BOS NOTE THE CONDITIONS NOTED WITH
"STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.
CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF.
CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION..)
CONDITIONS
(STAFF/CPC) 1. The tower shall be located as depicted on a survey and site plan
submitted with the application entitled Happy Hill Rawland
Monopine, prepared by Clark Nexsen Architecture & Engineering
and with a "County Submittal" date of May 29, 2008. (P)
(STAFF/CPC) 2. The base of the tower shall be enclosed by a minimum six (6) foot
high fence, designed to preclude trespassing. A minimum 100-foot
area of mature trees shall be preserved outside of, and adjacent to,
the compound on the northwest side of the compound. In addition,
all mature trees within the area between the compound and the
southwest property line, as depicted on the plan referenced in
Condition 1 shall be preserved. This condition does not preclude
the removal of any vegetation that is dead, diseased or dying. A
detailed plan depicting these requirements shall be submitted to the
Planning Department for approval. (P)
(STAFF/CPC) 3. The color, design and lighting system for the tower shall be as
follows:
a. The tower color shall blend with surrounding vegetation, as
acceptable to the Planning Department.
b. The tower shall not be lighted.
c. The tower shall be a monopine/treepole structure. (P)
(STAFF/CPC) 4. Any building or mechanical equipment shall comply with Sections
19-595 and 19-570 (b) and (c) of the Zoning Ordinance relative to
architectural treatment of building exteriors and screening of
mechanical equipment. (P)
(NOTE: Section 19-570 (b) and (c) would require the screening of
mechanical equipment located on the building or ground from
adjacent properties and public rights of way. Screening would not
be required for the tower ortower-mounted equipment.)
2 08SN0276-SEP24-BOS-RPT
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
Location:
5. The tower shall not exceed a height of 128 feet. (P)
6. There shall be no signs permitted to identify this use. (P)
7. At such time that the tower ceases to be used for communications
purposes for a period exceeding twelve (12) consecutive months,
the owner/developer shall dismantle and remove the tower and all
associated equipment from the property. (P)
GENERAL INFORMATION
West line of Harrowgate Road and better known as 13028 Harrowgate Road. Tax ID 788-
647-9084.
Existin.~ Zoning:
A
Size:
8.2 acres
Existin Land Use:
Public/semi-public, church
Adjacent Zoning and Land Use:
North, South, East and West - R-15, R-7 and A; Single-family residential or vacant
UTILITIES AND PUBLIC FACILITIES
The requested amendment will have no impact on these facilities.
ENVIRONMENTAL
Drainage and Erosion:
If the proposed tower and access disturbs more than 2,500 square feet, a land disturbance
permit will be required from the Department of Environmental Engineering.
3 08SN0276-SEP24-BOS-RPT
COUNTY COMMUNICATIONS
The Zoning Ordinance requires that any structure over eighty (80) feet in height be reviewed by
the County's Public Safety Review Team for detrimental impacts the structure could have on the
County's Radio Communications System microwave paths. This determination must be made
prior to construction of the communications tower.
COUNTY AIRPORT
A preliminary review of this proposal indicates that, given the approximate location and
elevation of the proposed installation, there will be no adverse affect on the County Airport.
LANT~ T IMF,
Comprehensive Plan:
Lies within the boundaries of the Chester Plan which suggests the property is appropriate
for residential use of 1.5 dwellings per acre or less.
The Public Facilities Plan, an element of the Comprehensive Plan, suggests that
communications towers should generally be located to minimize the impact on existing or
future areas of development. Also, the Tower Siting Policy suggests that towers in the
vicinity of existing or planned areas of development should possess design features that
mask the utilitarian nature of the tower.
Area Development Trends:
Area properties are zoned Residential (R-12 and R-7) and Agricultural (A) and are
occupied by single-family residential uses in Lora Lynn Heights and Victoria Hills
Subdivisions and on acreage parcels or are vacant. It is anticipated that single-family
residential uses will continue in the area, as suggested by the Chester Plan.
Development Standards:
The request property lies within an Emerging Growth Area. The purpose of the
Emerging Growth District standards is to promote high quality, well-designed projects.
However, because the request property is zoned Agricultural (A), development is not
required to meet the development standards for Emerging Growth Areas. Condition 4
requires compliance with Emerging Growth Area requirements relative to the
architectural treatment of the proposed equipment building.
The proposed communications tower would be designed as a tree intended to mask its
appearance (Condition 3). Specifically, a 128-foot structure designed as a pine tree to be
located within a stand of existing trees is planned. The limited height of the proposed
structure as well as the surrounding vegetation and topography will minimize the visual
4 08SN0276-SEP24-BOS-RPT
impact of the structure in this area. Condition 1 would restrict the location of the tower to
a specific site on the property.
The height of the tower would not exceed 128 feet (Condition 5). Access to the tower
site would be via an existing driveway access to Harrowgate Road. The base of the tower
should be secured with a fence to discourage trespassing and mature trees within
the area between the tower compound and adjacent property lines would be preserved to
minimize the view of the tower and associated equipment from ground level. (Condition
2)
To ensure that the tower does not become maintenance problem or an eyesore, the tower
should be removed at such time that it ceases to be used for communications purposes.
(Condition 7)
CONCLUSION
The proposal conforms to the Public Facilities Plan which suggests that communications tower
locations should generally be located to minimize the impact on existing or future areas of
development and suggests sites with existing mature vegetation and topographical features are
preferable. In addition, the proposal conforms to the Tower Siting Policy which suggests that
towers located in residential areas or possess design features that mask the utilitarian nature of
the tower.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (819/08):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended
approval subj ect to the conditions on pages 2 and 3 .
AYES: Messrs. Gulley, Bass, Brown, Hassen, and Waller.
The Board of Supervisors, on Wednesday, September 24, 2008, beginning at 6:30 p.m., will take
under consideration this request.
5 08SN0276-SEP24-BOS-RPT
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