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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0276
Invisible Towers, LLC
Bermuda Magisterial District
13028 Harrowgate Road
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
THE PLANNING COMMISSION IS SCHEDULED TO CONSIDER THIS REQUEST ON
OCTOBER 21, 2008. STAFF WILL ADVISE THE BOARD OF ACTION TAKEN BY THE
COMMISSION.
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)
CONDITIONS
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, last revised September 18, 2008. (P)
2. The base of the tower shall be enclosed by a minimum six (6) foot high fence,
designed to preclude trespassing. All mature trees within the tree save area and
outside of the compound, 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)
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)
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 or tower-mounted
equipment.)
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)
2 08SN0276-OCT22-BOS-RPT
GENERAL INFORMATION
T ,n~ati nn
West line of Harrowgate Road and better known as 13028 Harrowgate Road. Tax ID 788-
647-9084.
Existing Zoning:
A
Size:
8.2 acres
Existing 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.
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.
3 08SN0276-OCT22-BOS-RPT
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
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 a 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)
4 08SN0276-OCT22-BOS-RPT
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 (8/19/08):
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.
Applicant (9/19/08):
Revised plans were submitted and the applicant requested the case be remanded to the
Planning Commission to allow reconsideration ofthe new tower location.
Board of Supervisors' Meeting (9/24/08):
At the request of the applicant, the Board remanded this request to the Planning
Commission.
Staff (10/2/08):
The Commission is scheduled to consider this case on October 21, 2008.
The Board of Supervisors, on Wednesday, October 22, 2008, beginning at 6:30 p.m., will take
under consideration this request.
5 08SN0276-OCT22-BOS-RPT
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