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11SN0151CASE MANAGER: Robert Clay ,+f~ ~?`. :'f' ~ ,. , . ~~~*-.r STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 11SN0151 Bonnie Belair/American Tower Tloi.v,~,l,or 12 7(11(1 (''D(~ January 26, 2011 BS Clover Hill Magisterial District North line of South Providence Road RE VEST: Amendment of conditional use (Case 04SN0304) to delete the restriction on the number of carriers allowed on a communications tower in an Agricultural (A) District. PROPOSED LAND USE: A communications tower with associated improvements has been erected on the property. A condition of approval for the existing tower restricted the number of carriers allowed on the tower to three (3). The applicant wishes to remove this restriction. All other conditions of approval would remain. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGE 2. AYES: Messrs. Hassen, Bass, Gulley and Waller. ABSENT: Dr. Brown. STAFF RECOMMENDATION The restriction on the number of carriers was negotiated with area property owners. After consideration of public input, should the Commission and Board wish to approve this request, amendment of Proffered Condition 4 of Case 04SN0304 would be appropriate. (NOTES: A. CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS. CONDITION NOTED "STAFF/CPC" WAS 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 CELL TOWERS ON THE BASIS OF POSSIBLE HEALTH OR ENVIRONMENTAL EFFECTS OF RADIO FREQUENCY EMISSIONS.) PROFFERED CONDITION (STAFF/CPC) 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 with flush-mount antenna arrays. (P) (Staff Note: With approval of this case, this proffered condition replaces Proffered Condition 4 of Case 04SN0304. All other conditions of approval for Case 04SN0304 would remain in effect.) GENERAL INFORMATION Location: The request property is located on the north line of South Providence road, across from Poco Drive. Tax ID 755-700-Part of 7767. Existing Zoning: A with conditional use planned development and conditional use Size: 1 acre Existing Land Use: Recreational (golf course) and communications tower Adjacent Zoning and Land Use: North, East and West - A with Conditional use planned development and conditional use and A; Single-family residential and recreational (golf course). South - A and R-15; Single-family residential or vacant 2 11SN0151 JAN26-BOS-RPT UTILITIES; ENVIRONMENTAL; AND PUBLIC FACILITIES This request 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. 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 ,ANn T 1~F, Comprehensive Plan: The request property lies within the boundaries of the Eastern Midlothian Lane Use Plan which suggests the property is appropriate for residential use of 2.51 to 4.0 dwelling units per acre. 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. Area Development Trends: Adjacent properties are zoned Agricultural (A) and Residential (R-15) and are occupied by single-family residential uses, Providence Golf Course facilities, or remain vacant. It is anticipated that single-family residential uses will continue in the area, as suggested by the Eastern Midlothian Land Use Plan. Zoning History: On January 26, 2005 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved a conditional use to permit a communications tower on the request property (Case 04SN0304). With the approval of Case 04SN0304 conditions were imposed which, among other things, limited the number of carriers on the tower to a maximum of three (3). 3 11SN0151 JAN26-BOS-RPT 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 property is zoned Agricultural (A), development is not required to meet the development standards for Emerging Growth Areas. A condition was imposed with the approval of Case 04SN0304 to require compliance with Emerging Growth Area requirements relative to the architectural treatment of the equipment building. This condition would remain in affect with the approval of this request. The communications tower is located on the Providence Golf Course, adjacent to a maintenance facility for the golf course. Topographical differences in the area help mitigate the visual impact of the tower from properties located to the south. In addition, the tower is required to be gray or another neutral color; a monopole structure with flush- mounted antennas; and have no lighting. The height of the tower is not to exceed 150 feet, per previous conditions of zoning approval. These requirements would remain in effect should this case be approved. (Proffered Condition) Access to the tower site is via an existing golf course access to South Providence Road. CONCLUSIONS The restriction on the number of carriers was negotiated with area property owners. After consideration of public input, should the Commission and Board wish to approve this request, amendment of Proffered Condition 4 of Case 04SN0304, through the acceptance of the revised proffered condition, would be appropriate. CASE HISTORY Planning Commission Meeting (12/13/10): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Gulley, seconded by Mr. Waller, the Commission recommended approval and acceptance of the proffered condition on page 2. AYES: Messrs. Hassen, Bass, Gulley and Waller. ABSENT: Dr. Brown. The Board of Supervisors, on Wednesday, January 26, 2011, beginning at 6:30 p.m., will take under consideration this request. 4 11SN0151 JAN26-BOS-RPT \~ 1 ~~~ ~~ ~~ „ G~ ~°y ~ U , ~ ~ , I 1 ~ ~~ U~ ~ ~ ~~ ~ ~~ ~ ~ J ~ 1 p ~~ ~ 1 , ~ ~ ~ ~ 5 OP z ~~Oi ~ ~ ~ ~ l ~ ~• U ~ ~ ~ ~ , ~ L ` y ~ ~ ~ 2 ~~ ~ ~ l ~ Q ~ ~\ I y ~ ~ ~ ~ ~ 7 ~ _ / 10 ~ ~, ~~ ~ p• ~ / 1 ~ r / ~~ ` / 1 t \ ~ / ~ ~ 1 ~ \y , i U N U y~~'o '~ S~by~ 1 / \ i r i~ Q ~ ~- i ~' r i ,,,~ ' / ` ~ ` / W 1 ` ~ z cn Q 1 ~ / ~ ~~ / ~ N ~ / ' t~ ~ 1 ~I I ~ ~ ~ j I / ~ ~ 0 / / Z / ~ / ~ ~ W ~ ,~ O / • Z ~ l O W ti ~ i ~ r ~ . ~ ~L•~ ~ a a~ a~ o ~ 0 O r N 0 O