10SN0238
July 20, 2010 CPC
August 25, 2010 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
10SN0238
Clearwire
Bermuda Magisterial District
Southeast quadrant of Arcadia and Elokomin Avenues
REQUEST: Conditional Use to permit a communications tower in Community Business (C-3)
and General Business (C-5) Districts.
PROPOSED LAND USE:
Communications antennas are proposed to be mounted on an existing water tank.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. As conditioned, the proposed communications tower use conforms to the Public
Facilities Plan which suggests that communications towers and utility facilities
should co-locate whenever feasible.
B. Incorporating the communications facilities into the water storage tank will
minimize the need for an additional freestanding communications tower in the area,
thereby reducing tower proliferation.
(NOTES: A. CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER
MAY PROFFER CONDITIONS. CONDITIONS NOTED “STAFF/CPC”
WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
B. UNDER THE FEDERAL TELECOMMUNICATIONS ACT,
LOCALITIES CANNOT REGULATE COMMUNICATIONS TOWERS
ON THE BASIS OF POSSIBLE HEALTH OR ENVIRONMENTAL
EFFECTS OF RADIO FREQUENCY EMISSIONS)
.
CONDITIONS
(STAFF/CPC) 1. The maximum height permitted for the communications tower use
shall be 146 feet. (P)
(STAFF/CPC) 2. There shall be no signs permitted to identify the communications
tower use. (P)
(STAFF/CPC) 3. The communications tower use shall only be permitted if it is
incorporated into the structure of the water storage tank. Antennas
and cables shall be mounted so as to minimize their visual impact
and any antennas shall be mounted on the top of the tank. (P)
(STAFF/CPC) 4. The communications equipment (antennas, mounting hardware,
cables, etc.) mounted on the outside of the water tank structure
shall be the same or similar color as the tank and shall not be
lighted. (P)
(STAFF/CPC) 5. At such time that any communications antenna or equipment
ceases to be used for communications purposes for a period
exceeding twelve (12) consecutive months, the owner/developer of
the communications tower use shall dismantle and remove the
antennas and all associated equipment from the property. (P)
GENERAL INFORMATION
Location:
The subject property is located in the southeast quadrant of Arcadia and Elokomin
Avenues. Tax IDs 797-659-9266 and 9361.
Existing Zoning:
C-3 and C-5
Size:
0.3 acre
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Existing Land Use:
Public Utility (water tank)
Adjacent Zoning and Land Use:
North and East – R-7; Single family residential or vacant
South and West – C-3 and C-5: Commercial or vacant
UTILITIES; PUBLIC FACILITIES; TRANSPORTATION; ENVIRONMENTAL
AND COUNTY COMMUNICATIONS
This request will have a minimal impact on these facilities.
LAND USE
Comprehensive Plan:
The request property lies within the boundaries of the Jefferson Davis Corridor Plan which
suggests the property is appropriate for residential use of 2.51-4 units per acre.
The Public Facilities Plan, a component of the Comprehensive Plan, suggests that
communications tower use should be located so as to minimize impacts on existing and
future areas of development. The Plan also suggests that utility, energy and
communications facilities should co-locate whenever feasible.
Area Development Trends:
Properties to the north and east are zoned residentially and occupied by single-family
residential use or are vacant. Properties to the south and west are zoned commercially and
occupied by commercial and office use or are vacant. It is anticipated that residential use
will continue north and east of the request property with commercial and office uses
continuing to the south and east, as suggested by the Plan.
Use and Height Limitations:
The communications tower use would only be permitted when such use in incorporated
into the structure of the water storage tank so as to minimize the visual impacts and such
antennas are mounted on the top of the tank (Condition 3).
The existing water tank is approximately 138 feet tall. Including the communications
antennas, the maximum height permitted would be 146 feet. (Condition 1)
Consistent with past actions on similar facilities and to ensure that the communications
tower use does not become a maintenance problem or an eyesore, any equipment associated
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with the communications tower use must be removed at such time that such use ceases.
(Condition 5)
Development Standards:
The property lies within the Jefferson Davis Highway Corridor District. Any development
or redevelopment of the site must conform to the requirements of the Zoning Ordinance
which address standards to encourage reinvestment and revitalization of the area. Such
standards address access, parking, landscaping, architectural treatment, setbacks, buffers and
screening. Specifically, these standards address architectural treatment of buildings and
require screening of mechanical equipment visible from adjacent properties and public
rights-of-way. This condition would not require screening of the tank structure or
communication antenna.
Any equipment (antennas, mounting hardware, cables, etc.) associated with the
communications tower use which, as previously noted, must be incorporated into the
structure of the tank, would be required to be the same or similar color as the tank
(Condition 3). In addition, conditions prohibit lighting and signage to identify the
communications tower use. (Conditions 2 and 4)
CONCLUSIONS
As conditioned, the proposed communications tower use, conforms to the Public Facilities Plan
which suggests that communications towers should generally be located to minimize the impact on
existing or planned areas of development and that utility and communications facilities should co-
locate whenever feasible. Incorporating the communications facilities into the water storage tank
will minimize the need for an additional freestanding communications tower in the area, thereby
reducing tower proliferation.
Given these considerations, approval of this request is recommended.
______________________________________________________________________________
CASE HISTORY
______________________________________________________________________________
Planning Commission Meeting (7/20/10):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Hassen, seconded by Mr. Bass, the Commission recommended
approval subject to the conditions on page 2.
AYES: Messrs. Brown, Hassen, Bass, Gulley and Waller.
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The Board of Supervisors, on Wednesday, August 25, 2010, beginning at 6:30 p.m., will take
under consideration this request.
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