00SN0226-AUG23.PDFAugust 23, 2000 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0226
American Tower LP
Bermuda Magisterial District
Terminus of Cougar Trail
~: Amendment to Conditional Use Planned Development (Case 81S042) to allow a
private communications antennae on a permitted emergency communications tower.
PROPOSED I,AND USE:
Antennae for cellular communications and associated improvements are planned.
Specifically, private antennae will either be incorporated into the structure of an
existing 300 foot emergency communications tower or the existing tower will be
removed and a new tower constructed.
PI,ANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 THROUGH 5.
(NOTE: SINCE TIlE PLANNING COMMISSION MEETING, THE APPLICANT HAS
SUBMITTED A PROPOSED REVISION TO RECOMMENDED CONDITION 1.)
STAFF RECOMMENDATION
Recommend approval subject to the conditions stated herein. This recommendation is made for
the following reasons:
Providing a FIRST CHOICE Community Through Excellence in Public Service.
The ~[b~fac]lit~[a~ suggests that corranunications tower locations should be
located to minimize the impact on existing or planned areas of development and
that co-location should be encouraged whenever possible. The communications
facilities incorporated into the existing tower or construction of a new tower at
lower height will provide no greater visual impact than the existing tower.
Bo
Incorporating the communications facilities into the existing communications tower
or construction of a new tower at a lower height will eliminate the need for an
additional freestanding communications tower in the area, thereby minimizing
tower proliferation.
The recommended height limitations would be consistent with current policies for
towers located in predominately residential areas.
The recommended conditions will minimize the possibility of any adverse impact
on area development, the Chesterfield County Public Safety Trunked System or the
County Airport.
(NOTE: CONDITIONS MAY BE 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. THE
CONDITION NOTED AS "APPLICANT" IS A CONDITION THAT THE APPLICANT HAS
REQUESTED BE IMPOSED IN LIEU OF CONDITION 1 RECOMMENDED BY THE
COMMISSION AND STAFF.)
(STAFF/CPC) 1.
If the existing 300 foot tower is replaced, the maximum height of
any new tower shall not exceed 220 feet unless the County's
equipment is to be located on the tower. If the County has
equipment on the tower, the maximum height shall be that necessary
to accommodate the County's equipment, but in no case higher than
325 feet. If the County's equipment is ever removed from the
tower, the height of the tower shall be reduced to a maximum of
220 feet. (P)
(APPLICANT) 1.
If the existing 300 foot tower is replaced, the maximum height of
any new tower shall not exceed 220 feet unless the County or any
of its communications vendors co-locates communications
equipment used for County purposes on the new tower. If such co-
location occurs, the maximum height of the new tower shall be that
2 00SN0226/WP/AUG23H
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
necessary to accommodate the County's communications needs, but
in no case higher than 325 feet. If such co-location occurs, the new
tower shall be permitted to remain at the new height for a period of
twenty years from the date of such co-location regardless of whether
such height is needed for County communications purposes. After
the twenty-year period expires, the tower height shall be reduced to
220 feet unless the County determines that the additional height is
needed for County communications purposes.
There shall be no signs permitted to identify this use. (P)
If the existing tower is replaced, the base of the new 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 su'uctures from adjacent properties. A detailed plan
depicting this requirement shall be submitted to the Planning
Department for approval prior to release of a building permit for a
new tower. (P)
(NOTE: This condition supersedes Condition 1 of Case 81S042 if
the existing tower is replaced. Condkion 1 of Case 81S042 remains
in effect for the existing tower.)
The tower and equipment shall be designed and installed so as not
to interfere with the Chesterfield County Public Safety Trunked
System. At the time of site plan review or prior to the release of a
building permit, whichex~er occurs first, the owner/developer of
equipment that is not part of the County system shall submit
information as deemed necessary by the Chesterfield County
Communications and Electronics staff to determine if an engineering
study should be performed to analyze the possibility of radio
frequency interference with the County system, based upon tower
location and height, and upon the frequencies and effective radiated
power generated by tower-mounted equipment. Prior to release of
a building permit, the study, if required, shall be submitted to, and
approved by, the Chesterfield County Communications and
Electronics staff. (CS)
The owner/developer of equipment that is not part of the
Chesterfield County Public Safety Trunked System shall be
3 00SN0226/WP/AUG23H
(STAFF/CPC
(STAFF/CPC
(STAFF/CPC
(STAFF/CPC)
responsible for correcting any frequency problems which affect the
County's system caused by their equipment. Such corrections shall
be made immediately upon notification by the Chesterfield County
Communications and Electronics staff. (GS)
6. The color and design of the tower shall be as follows:
If antennae are incorporated into the existing tower, the
antennae apparatus and associated improvements shall be the
same or similar color to the existing tower. The exact color
shall be approved by the Planning Department.
Any new tower shall be gray or another neutral color,
acceptable to the Planning Department.
If lighted, lighting during daylight hours shall be limited to
medium intensity strobe lights with upward reflection and
lighting during night time hours shall be limited to soft
blinking lights. (P)
All driveways and parking areas shall be graveled or paved and
maintained to minimize dust problems and provide ease of ingress
and egress. (P)
Any building or mechanical equipment shall comply with Section
19-5705 (b) and (c) and 19-595 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 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.)
At such time that the existing or any new 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.
Provided, however, that if a new tower is built and the twelve (12)
months have elapsed prior to January 30, 20002, the existing tower
need not be removed before January 30, 2002. (P)
4 00SN0226/WP/AUG23H
(STAFF/CPC) 10.
Location:
(NOTE: This condition permits two (2) towers until January 30,
2002.)
Any new tower shall be located in the general area of the existing
tower. (P)
(NOTE: These conditions are in addition to conditions of Case 81S042.)
GENERAL INFOP~MATION
Located at the terminus of Cougar Trail, west of Harrowgate Road. 793-635-0024 (Sheet
34).
R-7 with Conditional Use Planned Development to permit an emergency radio system
tower
Size:
29.7 acres
Public/semi-public (Harrowgate Park) and 300 foot emergency radio system tower
Adjacent Zoning and Land Use:
North and South - R-7; Single family residential
East - Public/semi-public (Carver Middle School)
West - A; Vacant
UTILITIES
The proposed use will not necessitate a manned facility; therefore, the use of the public water and
wastewater systems are not required.
If construction disturbs more than 2,500 square feet of land, a land disturbance permit will be
required.
5 00SN0226/WP/AUG23H
II
Fi ' :
The proposed tower and associated equipment will have a minimal impact on fire/rescue
services and the existing transportation network.
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 erection of the proposed communications tower.
This ensures that there is no obstruction to microwave paths used in linking the County's wireless
networks. In cases where commercial towers are constructed near existing County towers, an
intermodulation study using all County and commercial wireless providers frequencies will be
requested. Additional information such as coordinates, effective radiated power and other
frequencies may be requested. The proliferation of the wireless industry has caused degraded
reception within the County due to the concentration of radio signals. Each case needs to be
analyzed on an individual basis to determine if there is any detriment to the County system. If this
case is approved, a condition should be imposed to insure that any new antennae or tower is
designed and constructed so as not to interfere with the public emergency system (Condition 4).
Once the new antennae or tower is in operation, if interference occurs, the owner/developer should
be required to correct any problem. (Condition 5)
This proposal would allow co-location of other radio frequency systems on a County tower used
for the Public Safety Network system. At the time of consideration of any lease agreement, terms
should be incorporated to insure that co-location wilt not adversely affect the Emergency
Communications system. The existing network of towers were not designed to accommodate
loading beyond what is currently installed and still maintain existing ANSI standards. Any
redesign or additions to the existing structure must be done in such a way as to not disrupt the
Public Safety Communications system.
The existing tower houses antennas for emergency services as well as other County operations.
With the construction of the new County emergency communications system, it is not anticipated
that this site will be necessary to accommodate that need, but would be necessary to accommodate
other County communications needs.
It is anticipated that the need to use the site for emergency communications will not be necessary
after January, 2002 (Condition 9). Condition 9 will allow construction of a new tower, but not
6 00SN0226/WP/AUG23H
necessitate removal of the existing tower until after the date anticipated that the tower will not be
necessary for emergency communications.
COUNTY AIRPORT
A preliminary review of this tower proposal has indicated that, given the approximate location and
elevation of the proposed installation, it appears the tower will not adversely affect the
Chesterfield County Airport.
LAND USE
Comprehensive Plan:
The request property lies within the boundaries of the Southern and Western Area Plan
which suggests the property and surrounding area are appropriate for residential use of
2.51 to 4.0 units per acre.
The Public Facilities Plan, an element of the Comprehensive Plan, and the ~
Review of Substantial Accord Determinations and/or Zoning Approval for
Communications Tower Locations, suggest that communications uses should be located in
areas so as to minimize impacts on existing and future areas of development, or adjacent
to planned or existing residential development.
Area Development Trends:
Properties to the north and south are zoned Residential (R-7) and are vacant or occupied
by single family dwellings. Property to the east is also zoned Residential (R-7) and is a
public/semi-public use known as Carver Middle School. Property to the west is zoned
Agricultural (A) and is vacant. The general request area is occupied by public/semi-public
uses, with Carver Middle School and Harrowgate Park providing recreational athletic
fields and walking trails to the surrounding neighborhoods.
On May 31, 1981, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved a Conditional Use Planned Development (Case 81S042)
to allow a 325 foot emergency radio system tower subject to a condition requiring a twelve
(12) foot high chain link fence topped with barbed wire around the base of the tower.
Subsequently, a 300 foot communication tower for the County's Emergency
Communications System was erected.
7 00SN0226/WP/AUG23H
As noted herein, the request property is occupied by an existing 300 foot communications
tower generally on the northern portion of the property. It is the applicant's intent to
locate private cellular antennae on the existing structure; however, with approval of this
request, it would be possible to remove the existing tower and replace it with a new tower.
The existing Conditional Use Planned Development (Case 81S042) would allow any new
tower to reach a height of 325 feet.
With the exception of towers to support emergency communications needs, the height of
cellular towers has generally been restricted to 199 feet in residential areas subject to
provision of adequate buffers consisting of mature vegetation. Although a miler tower
currently exists on the subject property, any new tower should be brought into closer
conformance with current practices. It has been indicated that a 220 foot tower would
accommodate not only the applicant's needs, but also provide space for three (3) other
users. The existing site does not have sufficient land area to accommodate the typical 100
foot buffer around the perimeter. Given, however, that the existing tower is 300 feet in
height, any reduction in the height will be of a benefit to the neighborhood (Condition 1).
Following the Planning Commission public hearing, the applicant submitted a proposed
change to Condition 1 relating to the permitted height of the tower. The change requested
by the applicant would allow any new tower to be erected to a maximum height of 325 feet
if the County or any of its vendors co-locates on the tower initially and would allow the
tower to remain at that height for twenty (20) years regardless of whether the County or
any of its vendors remain on the tower. At the end of twenty (20) years, the condition
would require that the height of the tower be reduced to 220 feet unless the County
determines that the additional height is needed for County communications purposes. Staff
does not support the requested revision since it fails to bring the tower height in closer
conformance with standards for private communications towers.
Condition 3 would require the base of any new tower to be landscaped so as to further
minimize the visual impact on the park and adjacent properties.
Access to the tower site will be via an existing access road through Harrowgate Park to
Cougar Trail. All driveways and parking areas should be designed to minimize dust
problems and provide ease of ingress/egress to the tower site. (Condition 7)
A i :
Due to the proximity of residential neighborhoods, the communications antennae apparatus
if mounted on the existing tower should be the same or similar color as the tower so as to
minimize the visual impact on area residents (Condition 6). Consistent with past actions
on similar facilities, the base of the tower should be secured with a fence to discourage
trespassing. (Condition 1 of Case 81S042 and Condition 3)
8 00SN0226/WP/AUG23H
Typically, the Commission has required that new towers be of a monopole design and
generally no higher than 199 feet. Given the need for a higher tower, it will not be
designed as a monopole, but will probably be of a lattice design.
Since the request property lies within an Emerging Growth Area, the architectural
treatment of any structures should be required to comply with those standards (Condition
8). Specifically, withing Emerging Growth Areas, no building exterior which would be
visible to any residential or agricultural district or any public right of way may consist of
architectural materials inferior in quality, appearance, or detail to any other exterior of the
same building. There is, however, nothing to preclude the use of different materials on
different building exteriors, but rather, the use of inferior materials on sides which face
adjoining property. No portion of a building constructed of unadorned concrete block or
corrugated and/or sheet metal may be visible from any adjoining residential or agricultural
district or any public right of way. No building exterior may be constructed of unpainted
concrete block or corrugated and/or sheet metal.
All junction and accessory boxes and those not visible from beyond the property must be
minimized from view of adjacent property and public rights of way by landscaping or
architectural treatment integrated with the building served. Mechanical equipment,
whether ground-level or roof top, must be screened from view of adjacent property and
public rights of way designed to be perceived as an integral part of the building. These
requirements would not apply to any tower or tower-mounted equipment.
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 9). The recommended
condition would allow the existing tower to remain until January 30, 2002.
As indicated previously, typically in an area such as that of the existing application, a 100
foot buffer of mature trees is required around the perimeter of the tower site. In this
particular instance, however, such a buffer does not exist. Therefore, it is recommended
that at a minimum, the perimeter of the base of any new tower should be landscaped to
minimize the view from the park and adjacent properties. (Condition 3)
The P ' - ' suggests that communications towers should be located to minimize the
impact on existing or planned areas of development. Given that a 300 foot emergency
communications tower already exists, the placement of private antennas on the existing tower
should be of no greater impact on the area. Specifically, the location of the communications
facilities on the existing structure will not generate a visual impact that is significantly greater
9 00SN0226/WP/AUG23H
than the visual impact of the existing tower. This location will eliminate the need for an additional
freestanding communications tower in the area, thereby minhnizing tower proliferation. As
previously noted, it will be possible through this approval to remove the existing tower and replace
it with a new tower. Should that occur, staff is of the opinion that the new structure should be
brought into closer conformance with today's standards. (Conditions)
The recommended conditions will further minimize the possibility of any adverse impact on area
development, as well as on the Chesterfield County Public Safety Trunked System or the County
Airport. At the time of any lease agreement, there may be more specific criteria under which co-
location may be regulated.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (5/16/00):
On their own motion, the Commission deferred this request to June 20, 2000.
Applicant, Staff, and the Bermuda District Commissioner (5/17/00):
A meeting was held to discuss the proposal. The County indicated a concern relative to
co-location on the existing tower and possible interference with the County's emergency
communications system. It was indicated that the County's new emergency
communications system will eliminate the need to use this site for that system, but that this
site will continue to be needed for other County communications needs. It was noted that
the new emergency communications system should be operational by January 30, 2002.
Planning Commission Meeting (6/20/00):
There was discussion as to whether or not it would be appropriate to require the height of
any new tower to be lowered ff the County were to initially locate equipment on the tower
and subsequently remove the equipment.
On their own motion, the Commission deferred this request to allow additional time to
evaluate the proposal and staWs recotmnendation.
10 00SN0226/WP/AUG23H
The Commission did, however, find this facility to be in substantial accord with the
Comprehensive Plan. The Code of Virginia, as amended, grants the Board the authority
to "overrule the action of the Commission by a majority vote of the membership thereof."
Staff (6/21/00):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than June 26, 2000, for consideration at the Commission's
July public hearing.
Staft (6/29/00):
To date, no new i~fformation has been submitted.
Planning Commission Meeting (7/18/00):
The applicant did not accept the recommendation. The applicant desired permission for
the tower to remain at a maximum height of 325 feet if the County removed its equipment
from the tower after the initial co-location.
It was the consensus of the Commission that the height of the tower should be reduced
once the County no longer needed the tower for their communications needs.
On motion of Mr. Cunningham, seconded by Mr. Marsh, the Commission recommended
approval of this request subject to the conditions on pages 2 through 5.
AYES: Unanimous.
Applicant (8/15/00):
The applicant requested that the Board change Condition 1, as recommended by the
Commission and staff. The requested change is reflected and discussed herein.
The Board of Supervisors, on Wednesday, August 23, 2000, beginning at 7:00 p.m., will take
under consideration this request.
11 00SN0226/WP/AUG23H
R-15
A
Harrowgate
Park
Carver
Middle
School
A
R-7
A
N
300 0 300 600 Feet
R-7
Case #: 00SN0226
C.U.P.D.
Sheet #: 34
003~0226
In Bermuda Magisterial District, A~ERICA~ TOWER LP requested
amendment to Conditional Use Planned Development (Case
81S042) and amendment of zoning district map to allow a
private communications tower. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
8/23/00
O0 610
appropriate for residential use of 2.51 to 4.0 units per
acre. This request lies in a Residential (R 7) District on
29.7 acres, located at the terminus of Cougar Trail. Tax ID
793 635 0024 (Sheet 34).
Ms. Rogers presented a summary of Case 00SN0226 and stated
that the Planning Commission and staff recommend approval
subject to conditions, one of which would have allowed the
tower to have a height of 325 feet if the County co locates
equipment with private companies. She further stated that
the condition would limit the height of the tower to a
maximum of 220 feet if only private companies are located on
the tower. She stated that generally in residential areas
the Planning Commission and Board have limited communication
towers to a height of 190 feet, but have allowed towers
housing County emergency equipment to be constructed to
greater height due to health, safety and welfare concerns.
She further stated that it is both staff and the Planning
Commission's position that if the tower is used solely by
private companies, the height should be brought into closer
conformance with today's standards with respect to private
communications towers in residential districts. She stated
that the applicant has expressed concerns relative to the
height limitations recommended by staff and the Commission
and that, since the Planning Commission's public hearing,
the applicant has submitted alternative language to
Condition 1 that would allow any new tower to be erected to
a height of 325 feet if co location occurs with the County
or any of the County's vendors and that if the tower is
erected to a height of 325 feet to accommodate co location,
it could remain at that height for a maximum of twenty years
regardless of whether co location continues for the twenty
year period. She further stated that, at the end of twenty
years, the height of the tower would have to be reduced to
220 feet unless the County determines the height is needed
for County communication purposes. She stated that, as
proposed by the applicant, the condition would allow a
height of 325 feet in a situation where the County has
contracted with a private cellular company to provide
cellular service. She further stated that staff feels the
alternative language does not comply with the Planning
Commission's recommendation and would therefore not
recommend that the alternative condition be imposed.
When asked, Ms. Rogers stated that staff's goal is to ensure
that if only private companies are located on the tower, the
height should be brought into closer conformance with what
the Planning Commission and Board have approved in the past
relative to private towers in residential districts.
Mr. Brennen Keene, representing the applicant, stated that
it is the applicant's intent to replace the existing 300
foot tower because it is approaching the end of its useful
life and no new antennas can be added without structurally
altering the existing tower. He further stated that, given
the residential character of the Harrowgate Road Corridor,
the new tower would be an excellent resource for the
County's use. He requested the Board's approval of the
proposed request including the alternative language to
Condition 1.
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O0 611
Mr. Robert Eanes, representing Chesterfield County
Administration, stated that the County has communications
equipment located on the existing tower. He further stated
that there is a future need for the County's equipment to
remain on any new tower with capabilities up to 325 feet in
height.
There being no one else to speak to the Case, the public
hearing was closed.
Mr. McHale stated that he will support the applicant's
alternative language to Condition 1 because it permits the
applicant to erect a tower up to 325 feet only if the County
enters into the agreement. He further stated that there has
been no opposition to the request and that he does not feel
it makes good business sense to require the applicant to
take the tower down prior to twenty years if the County no
longer desires to use it.
Mr. McHale then made a motion, seconded by Mrs. Humphrey,
for the Board to approve Case 00SN0226 subject to the
following conditions:
1 If the existing 300 foot tower is replaced, the maximum
height of any new tower shall not exceed 220 feet
unless the County or any of its communications vendors
co locates communications equipment used for County
purposes on the new tower. If such co location occurs,
the maximum height of the new tower shall be that
necessary to accommodate the County's communications
needs, but in no case higher than 325 feet. If such
co location occurs, the new tower shall be permitted to
remain at the new height for a period of twenty years
from the date of such co location regardless of whether
such height is needed for County communications
purposes. After the twenty year period expires, the
tower height shall be reduced to 220 feet unless the
County determines that the additional height is needed
for County communications purposes.
There shall be no signs permitted to identify this use.
(P)
If the existing tower is replaced, the base of the new
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 detailed plan depicting
this requirement shall be submitted to the Planning
Department for approval prior to release of a building
permit for a new tower. (P)
(NOTE: This condition supersedes Condition 1 of Case
81S042 if the existing tower is replaced. Condition 1
of Case 81S042 remains in effect for the existing
8/23/00
O0 612
The tower and equipment shall be designed and installed
so as not to interfere with the Chesterfield County
Public Safety Trunked System. At the time of site plan
review or prior to the release of a building permit,
whichever occurs first, the owner/developer of
equipment that is not part of the County system shall
submit information as deemed necessary by the
Chesterfield County Communications and Electronics
staff to determine if an engineering study should be
performed to analyze the possibility of radio frequency
interference with the County system, based upon tower
location and height, and upon the frequencies and
effective radiated power generated by tower mounted
equipment. Prior to release of a building permit, the
study, if required, shall be submitted to, and approved
by, the Chesterfield County Communications and
Electronics staff. (GS)
The owner/developer of equipment that is not part of
the Chesterfield County Public Safety Trunked System
shall be responsible for correcting any frequency
problems which affect the County's system caused by
their equipment. Such corrections shall be made
immediately upon notification by the Chesterfield
County Communications and Electronics staff. (GS)
The color and design of the tower shall be as follows:
a. If antennae are incorporated into the existing
tower, the antennae apparatus and associated
improvements shall be the same or similar color to
the existing tower. The exact color shall be
approved by the Planning Department.
b. Any new tower shall be gray or another neutral
color, acceptable to the Planning Department.
c. If lighted, lighting during daylight hours shall
be limited to medium intensity strobe lights with
upward reflection and lighting during night time
hours shall be limited to soft blinking lights.
(P)
Ail driveways and parking areas shall be graveled or
paved and maintained to minimize dust problems and
provide ease of ingress and egress. (P)
Any building or mechanical equipment shall comply with
Section 19 5705 (b) and (c) and 19 595 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
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.)
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O0 613
9. At such time that the existing or any new 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.
Provided, however, that if a new tower is built and the
twelve (12) months have elapsed prior to January 30,
2002, the existing tower need not be removed before
January 30, 2002. (P)
(NOTE: This condition permits two (2) towers until
January 30, 2002.)
10. Any new tower shall be located in the general area of
the existing tower. (P)
(NOTE: These conditions are in addition to conditions
of Case 81S042.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
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O0 614