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10SN0107 September 15, 2009 CPC October 28, 2009 BS STAFF’S REQUEST ANALYSIS AND RECOMMENDATION 10SN0107 Cricket Communications Dale Magisterial District North line of Courthouse Road REQUEST: Amendment of Conditional Use Planned Development (Case 99SN0203) relative to tower height in a Residential-Townhouse (R-TH) District. PROPOSED LAND USE: A 100 foot communications tower is located on the property. The applicant proposes to extend the existing tower to a height of 123 feet. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reasons: A. Extending the height of the existing tower would allow additional users on the structure, thereby minimizing the possibility of additional freestanding towers in the area. B. The proposed extension poses no detrimental impact to airport operations or the County’s emergency communications system. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) 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.) íËÎÇÔÙÔÏÖÜ÷ôëêéúõîôúøÚÎÐÐÈÏÔÉÄÉÕËÎÈÖÕØÅÚØÑÑØÏÚØÔÏÍÈÛÑÔÚÊØËÇÔÚØ CONDITION (STAFF/CPC) Any communications tower shall not exceed a height of 123 feet. (P) (Staff Note: This condition supersedes Condition 9 of Case 99SN0203.) GENERAL INFORMATION Location: North line of Courthouse Road, east of Fallow Drive. Tax ID 767-666-Part of 7026. Existing Zoning: R-TH with Conditional Use Planned Development Size: 3.5 acres Existing Land Use: Communications tower Adjacent Zoning and Land Use: North - I-1 with Conditional Use Planned Development; Vacant South - R-15, R-TH with Conditional Use Planned Development and C-3; Single-family residential or vacant East - C-2 with Conditional Use Planned Development; Office West - R-TH with Conditional Use Planned Development; Vacant UTILITIES; ENVIRONMENTAL AND PUBLIC FACILITIES The requested amendment will have no impact on these facilities. 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. êï îúéûîêëíé COUNTY AIRPORT With the original case, Staff expressed concerns about the height of a tower at this location and what impact it might have on airport operations. As such, the tower was restricted to a height of 100 feet. A preliminary review of this proposal by the county airport and the Federal Aviation Administration (FAA) indicates that, given the approximate location and elevation of the proposed installation, it appears there will be no adverse affect on the County Airport. In addition, the FAA conducted an aeronautical study which revealed the proposed structure does not exceed obstruction standards and would not be a hazard to air navigation. LAND USE Comprehensive Plan: Lies within the boundaries of the Central Area Plan which suggests the property is appropriate for light industrial use. Area Development Trends: Area development is characterized by office, public/semi-public and commercial uses along Iron Bridge Road, transitioning to residential uses along the south line of Courthouse Road, west of Iron Bridge Road, and by vacant industrially zoned property along the north line of Courthouse Road, west of Iron Bridge Road. As suggested by the Plan, it is anticipated a mix of office and commercial uses would continue in the area east of the request site, along the Iron Bridge and Courthouse Roads intersection, as well as industrial uses to the west, along the north line of Courthouse Road. Zoning History: On April 28, 1999, the Board of Supervisors, upon a recommendation of approval from the Planning Commission, approved a Conditional Use Planned Development (Case 99SN0203) to permit a communications tower with a height exception on the request property. Conditions of approval for Case 99SN0203 granted a fifty (50) foot exception to allow the communications tower to be 100 feet in height. Development Standards: Development requirements for communications tower use on the property were approved with Case 99SN0203 and, except as noted herein, would remain in effect with approval of this case. Approval of this request would restrict any communications tower to a maximum height of 123 feet. (Condition) CONCLUSION Extending the height of the existing tower would allow additional users on the structure, thereby minimizing the possibility of additional freestanding towers in the area. In addition, the êï îúéûîêëíé proposed extension poses no detrimental impact to airport operations or the County’s emergency communications system. Given these considerations, approval of this request is recommended. ______________________________________________________________________________ CASE HISTORY ______________________________________________________________________________ Planning Commission Meeting (9/15/09): The applicant accepted the recommendation. There was no opposition present. On motion of Dr. Brown, seconded by Mr. Bass, the Commission recommended approval subject to the Condition on page 2. AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller. The Board of Supervisors, on Wednesday, October 28, 2009 beginning at 6:30 p.m., will take under consideration this request. êï îúéûîêëíé éíçèô÷ð÷æûèóíî éî