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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0283
Pegasus Tower Co., Ltd.
Dale Magisterial District
South line of Beach Road
4c Tor 71 7(1(1Q rpr
November 19, 2008 BS
RE VEST: Conditional Use Planned Development to permit a communications tower in an
Agricultural (A) District.
PROPOSED LAND USE:
A 199-foot communications tower and associated equipment are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3.
AYES: MESSRS. BASS, BROwN, HASSEN AND VVALLER.
ABSENT: MR. GULLEY.
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 that locations adjacent to
planned or existing residential development are to be minimized.
B. The proposal conforms to the Tower Siting Policy which suggests that towers
should generally be located away from existing or planned areas of residential
development.
Providing a FIRST CHOICE community through excellence in public service
(NOTE: CONDITIONS MAYBE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS 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. There shall be no signs permitted to identify this use. (P)
(STAFF/CPC) 2. The base of the tower shall be enclosed by a minimum six (6) foot
high fence, designed to preclude trespassing. The fence shall be
placed so as to provide sufficient room between the fence and the
property line to accommodate evergreen plantings having an initial
height and spacing to provide screening of the base of the tower
and accessory ground-mounted equipment or structures from
adjacent properties. A minimum 100-foot buffer of mature trees
shall be preserved outside of, and adjacent to, the compound. A
detailed plan depicting these requirements shall be submitted to the
Planning Department for approval in conjunction with final site
plan review. Except as otherwise provided herein, no trees within
the buffer may be removed unless such trees are dead, diseased or
dying. (P)
(STAFF/CPC) 3. The color and lighting system for the tower shall be as follows:
a. The tower shall be gray or another neutral color, acceptable
to the Planning Department.
b. The tower shall not be lighted.
c. The tower shall be a monopole 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.)
(STAFF/CPC) 5. The tower shall not exceed a height of 199 feet. (P)
2 08SN0283-NOV19-BOS-RPT
(STAFF/CPC) 6. 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
Location:
South line of Beach Road, west of Nestor Road. Tax ID 761-659-Part of 3685.
Existing Zoning:
A
Size:
2.4 acres
Existin Land Use:
Vacant
Adjacent Zoning and Land Use:
North, South, East and West - A; Single-family residential or vacant
UTILITIES; PUBLIC FACILITIES; AND TRANSPORTATION
This request 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 potential 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.
3 08SN0283-NOV19-BOS-RPT
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.
T .ANTI T 1CF.
Comprehensive Plan:
The request property lies within the boundaries of the Southern and Western Area Plan
which suggests the property is appropriate for residential use of 1-5 acre lots; suite to R-88
zoning.
The Public Facilities Plan, an element of the Comprehensive Plan, suggests that
communications tower locations should generally be located to minimize the impact on
existing or future areas of development. Also, the Tower Sitin.~y 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 Agricultural (A) and are occupied by single-family residential
uses on acreage parcels, public/semi-public use (Pocahontas State Park) or are vacant. It
is anticipated that single-family residential uses will continue in the area, as suggested by
the Southern and Western Area 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 Conditional Use process provides a means of addressing ways to minimize the
possibility of any adverse impact of a tower on existing and planned areas of
development. The Tower Siting Policy suggests, where towers are to be located in the
vicinity of existing or planned areas of development, the tower should be located as
remotely as possible from these areas and on property which is densely wooded with
mature vegetation. The Policy also suggests measures should be taken to insure the
preservation of a mature stand of trees around the tower. (Condition 2)
4 08SN0283-NOV19-BOS-RPT
The proposed communications tower will be located in a wooded area. The closest
property occupied by asingle-family residence is approximately 65o feet away. Existing
vegetation, as well as a wetlands area, will assist in mitigating the visual impact of the
tower from area residential development.
The height of the tower is not to exceed 199 feet (Condition 5). Access to the tower site
will be via an access road to Beach Road. Consistent with past actions on similar
facilities, should this request be approved, the base of the tower should be secured with a
fence to discourage trespassing (Condition 2). The communications tower should be gray
or another neutral color so as to minimize the visual impact such development.
(Condition 3)
Consistent with past actions on similar facilities and to ensure that the tower does not
become a maintenance problem or an eyesore, the tower should be removed at such time
that it ceases to be used for communications purposes. (Condition 6)
CONCLUSIONS
The proposal conforms to the Public Facilities Plan, which suggests that communications towers
should be located to minimize the impact on existing or future areas of development. In addition,
the proposal conforms to the Tower Siting Policy which suggests, where towers are to be located
in the vicinity of existing or planned areas of development, the tower should be located as
remotely as possible from such areas and on property which is densely wooded with mature
vegetation. The Po Y also suggests measures should be taken to insure the preservation of a
mature stand of trees around the tower.
Mature vegetation is located within the area immediately surrounding the proposed tower site.
This vegetation, as well as the presence of a wetlands area, will mitigate the visual impact of the
tower from future area residential development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (10/21/08):
The applicant accepted the recommendation. There was opposition present expressing
concerns relative to the impact of the use on area property values; the visibility of the
tower; and the impact on adj acent wetlands.
On motion of Dr. Brown, seconded by Mr. Waller, the Commission recommended
approval subj ect to the conditions on pages 2 and 3 .
5 08SN0283-NOV19-BOS-RPT
AYES: Messrs. Bass, Brown, Hassen and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, November 19, 2008, beginning at 6:30 p.m., will take
under consideration this request.
6 08SN0283-NOV19-BOS-RPT
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