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02SN0233-June26.pdfx'~' ~ .... CPC June 26, 2002 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 02SN0233 VoiceStream Wireless Bermuda Magisterial District South line of West Hundred Road REQUEST: Conditional Use Planned Development to permit a communications tower with height exception in a Residential (R-7) District. PROPOSED LAND USE: Expansion of an existing communications tower and associated improvements arc planned. Specifically, the existing tower height would be expanded to accommodate additional antenna. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. STAFF RECOMMENDATION Recommend denial for the following reasons: This proposal does not conform to the Public Facilities Plan which suggests that commmfications towers should generally be located away from existing or planned areas of residential development. The request property lies in an area designated by the Chester Village Plan fbr mixed use development, consisting of neighborhood office and single fmnily_ residential uses and is directly adjacent to, and in close proximity of; an existing residential development. Providing a FIRST CHOICE CommuniO, Through Excellence in Public Service. The request is not in compliance with the Guidelines for Review of Substantial Accord Determination and/or Zoning Approval for Commm~ications Tower Locations which suggest that if a tower is to be located in the vicinity of residential areas, it should either be architecturally incorporated in the design of an existing structure, such as a church or office building; possess design features that mask the utilitarian nature of the tower; or be located as remotely as possible from existing or planned areas of development or other high visibility areas and on property that is densely wooded with mature trees. A more remote location would be appropriate. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS.) GENERAL INFOR~MATION Location: South line of West Hundred Road, west of Old Centratia Road. Tax ID 791-655- Part of 4094 (Sheet 26). Existing Zoning: R-7 with Use Permit Size: 0.12 acre Existing Land Use: Public utility (Verizon Telephone Exchange) Adiacent Zoning and Land Use: North - South - East West R-7 and R-7 with Conditional Use and Special Exception; public/semi- public (school), office and single l:amily residential R-7; Single family residential or vacant R-7 and R-7 with Conditional Use; Single family residential or office R*7; Single family residential UTILITIES The proposed use will not necessitate a manned facility; therefore, the use of the public water and wastewater systems is not required. 2 02SN0233-JUNE26-BOS ENVIRONMENTAL Drainage and Erosion: The property drains east to a pond approximately 400 feet off the property and then via tributaries to Ashton Creek. There are no existing or anticipated, on- or off-site, drainage or erosion problems. If construction disturbs more than 2,500 square feet of lm~d area, a land distm'bance permit must be obtained from the Envirorm~ental Engineering Department. PUBLIC FACILITIES Fire Service: The Chester Fire Station, Company Number 1 and Bensley Bermuda Volunteer Rescue Squad currently provide fire protection and emergency medical service (EMS). This request will have minimal impact on fire and EMS. Transportation: This use will have minimal impact on the trm~sportation network. COUNTY COMMI2?4ICATIONS The Zoning Ordinance requires that any structure over eight' (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 expansion of the communications tower. A preliminary review of this proposal has indicated that the facility will not interfere with the County's communication system; however, as a further precaution, if this request is approved, a condition should be imposed to ensm'e that the expansion is designed and constructed so as not to interfere with the County Communications System. Once the expansion is in operation, if interference occurs, the owner/developer should be required to correct any problems. COUNTY AIRPORT A preliminary review of this proposal indicates that, given the approximate location and elevation of the proposed installation, it appears there wSll be no adverse affect on the County Airport. 3 02SN0233-JUNE26-BOS LAND USE Comprehensive Plan: The request property lies within the boundaries of the Chester Village Plan which suggests the property is appropriate for mixed uses to include a combination of office and single family residential development. The Public Facilities Plan, an element of the Comprehensive Plan, suggests that energy and communication uses should be co-located, whenever feasible, to minimize impacts on existing and future re'cas of development. Area Development Trends: Adjacent properties are zoned Residential (R-7) or Residential (R-7) with Conditional Use and Special Exception. Properties are occupied by office, public utility and single family residential uses or remain vacant. It is anticipated that office and single family residential uses will continue in the area, as suggested by the Chester Village Plan. Dwellings within 2,000 feet of the tower are shown on the Attachment. It is important to note that residential structures on this map were placed according to aerial photographs taken in 1994 and therefore may not fi~lly represent all the structures in the area. Zonin~ History: On April 6, 1960, the Board of Zoning Appeals approved a Use Permit for the operation of a telephone exchange on the subject property and adjacent property. On June 3, 1964, the Board of Zoning Appeals approved a Use Permit to allow expression of the telephone exchange building (Case 64-62A) and a Use Permit for the existing communications tower located on the property (Case 64-63A). The tower has been constructed to a height of 140 feet. On March 1, 1972, the Board of Zoning Appeals approved a Use Permit to allow an addition to the telephone building. (Case 72-21A) Site Design: As noted herein, a 140 foot tower exists on the request property. The existing tower is a legal use, but cannot be expanded without a Conditional Use Planned Development. The applicant intends to expand the existing tower to 150 feet to locate private cellular antenna. Access to the tower site would be provided via an 4 02SN0233-JUNE26-BOS existing paved drive l¥om West ttundred Road. Consistent with past actions on similar facilities, if this request is approved, the base of the tower should be secured with a fence to discourage trespassing. The request property lies within an Emerging Grov~h Ama and the Chester Village Col~cidor East, The purpose and intent of the development requirements of the Chester Village Area is to recognize the uniqueness of the area and to maintain and rein~:brce its character, identity, and pedestrian scale. The Zoning Ordinance specifically addresses access, landscaping, external lighting, street lighting, street tree planting, setbacks, parking, signs, buffers, utilities and screening for developments within these areas in order to promote high quality, well-designed projects. However, because the request property is zoned Residential (R-7), development is not required to meet the standards for an Emerging Growth Area and the Chester Village Corridor East, tmless a condition is imposed through this request. Consistent with past actions on similar Ikcilities and to ensure that the tower does not become a maintenance problem or an eyesore, if approved, the expansion should be removed at such time that it ceases to be used lbr communications purposes. Buffers and Screening: While the policy suggests that co-location on existing structures may be appropriate, the guidelines also suggest that towers should be located away l~om existing or planned areas of residential development and high visibility areas such as major roads and that the view of the towers from these areas should be minimized. The request property is located within an area designated by the Plan for future neighborhood office and residential development. Where allowed in residential areas, provision of adequate buffers consisting of mature vegetation has been required. The siting criteria provides that typically such tower placement should be located in a wooded area in the vicinity of stream beds or Resource Protection Areas (tLPA) because these wooded areas can offer adequate buffers that will mitigate the view of the toxver from high visibility areas. The proposal does not conform to this criteria. CONCLUSIONS The proposal fails to conform to the Public Facilities Plan and the Guidelines fbr Review of Substantial Accord Determination and/or Zonin~ Approval of Communications Tower Locations. The request property lies within the boundaries of the Chester Village Plan which suggests that the property and surrom~ding area are appropriate for mixed use development consisting of neighborhood office and single family residential uses. The area snrrounding the property has experienced a significant amount of office and 5 02SN0233-JUNE26-BOS residential development. It is anticipated that this development pattern will continue in accordance with the adopted Plan. The Public Facilities Plan suggests that towers be located in areas designated on the adopted Plan for general cormnercial, general industrial and agricultural/forestall use. Specifically, the Plan provides that towers should generally be located away from existing or planned areas of residential, recreational and similar types of development. The Public Facilities Plan and the Guidelines for Review of Tower Locations indicate that views of towers from existing or planned areas of residential development should be minimized. If located in a high visibility area, the tower should be architecturally incml~orated in the design of an existing structure, such as a church or office building, or possess design features that mask the utilitarian nature of the tower. Otherwise, the tower should be located as remotely as possible from existing or planned areas of development or other l~Agh visibility areas and on property that is densely wooded with mature trees. The existing tower is located approximately ninety-five (95) feet from West Hundred Road. There are a significant number of dwellings in proximity of the tower. Given these considerations, denial of the request is recommended. CASE HISTORY Platming Commission Meeting (5/21/02): The applicant did not accept the recommendation. There was opposition present. Concerns were expressed relative to the visibility and the potential adverse impact the increased height would have on Chester Village. It was suggested that alternative sites such as church steeples or water tanks should be explored. Mr. Cunningham stated that the proposal does not conform to the Comprehensive Plan nor the Siting Policy. On motion of Mr. Cm~ningham, seconded by Mr. Gulley, the Commission recommended denial of this request. AYES: Unanimous. The Board of Supervisors, on Wednesday, June 26, 2002, begimfing at 7:00 p.m., will take m~der consideration this request. 6 02SN0233-JUNE26-BOS / / / /