06SN0183-MAR8
FcbrunF)T 21, 2006 C~C
March 8, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SN0183
Sprint
Bermuda Magisterial District
North line of Ecoff Avenue
REQUEST: Conditional Use to permit a communications tower in an Agricultural (A) District.
PROPOSED LAND USE:
A communications tower and associated improvements are planned.
Communications towers are allowed as a restricted use in an Agricultural (A)
District. If the restrictions cannot be met, then the use may be allowed through
the Conditional Use process. Since the tower would not meet the restrictions of
co-locating the antennae on an electric transmission structure, flush mount array
and h~ight limitations above such structure, a Conditional Use permit.is required.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3.
AYES: MESSRS. WILSON, GECKER, GULLEY AND LITTON.
ABSENT: MR. BASS.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The . proposal conforms to the Public Facilities Plan which suggests that
communications tower locations should generally be located to minimize the
impact on existing or future areas of development.
Providing a FIRST CHOICE community through excellence in public service.
B. The proposal conforms to the Tower Siting Policy which suggests if a tower is to
be located in the vicinity of existing or planned areas of development the tower
should be located as remotely as possible from such areas and ,on property which is
densely wooded with mature vegetation.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/epe" 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.
CONDITIONS
(ST AFF /CPC) .
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
1.
There shall be no signs permitted to identify this use. (P)
2.
The' base of the 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. In conjunction with site plan
submission, or prior to release of a building permit, whichever
occurs first, a la~dscaping plan depicting this require'ment shall
be submitted to. the Planning Department for review and
approval. (P)
3.
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 (P)
4.
Any building or mechanical equipment shall comply with Sections
19-595 and 19-570 (b) and (c) 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 the 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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06SN0183-MAR8-BOS
(STAFF/CPC)
5.
The tower shall not exceed a height of 180 feet. (P)
(STAFF/CPC)
6.
At such time that the 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 f~om the property. (P)
GENERAL INFORMATION
Location:
North line of Ecoff Avenue, east of Ivywood Road. Tax ID 783-656-Part of 7299 (Sheet
26).
Existing Zoning:
A
Size:
1.0 acre
Existing Land Use:
Public/semi-public (Goyne Park)
Adiacent Zoning and Land Use:
North, South, East and West - A; Public/semi-public (Goyne Park and Ecoff Elementary
School)
UTILITIES~ ENVIRONMENT AL~ 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 coristruction of the communications tower.
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06SN0183-MAR8-BOS
COUNTY AIRPORT
A preliminary review of this proposal indicates that, given the approximate location and
elevation of the proposed installation, it appears there will be no adverse ~ffect on the Cou~ty
Airport.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Chester Plan which suggests the property is appropriate
for public use.
Are~ Develooment Trends:
Adjacent p.roperties are zoned Agricultural (A) and are occupied by Goyne Park and
Ecoff Elementary School.. It is anticipated that public uses will continue in the area, as
suggested by the Plan.
Use:
Communications towers are allowed as a restricted use in an Agricultural (A) District,
provided that:
(1) Antennae are co-located on electric transmission structures.
(2) Antennae are a flush-mount design and do not exceed a height" of 20 feet
above the height of the electric transmission structure and such height
does not exceed the limitations of sections 19-507 and 19-507.2 of the
Zoning Ordinance.
(3) Antennae are gray or another neutral color acceptable to the Planning
Department. .
( 4) Any building or mechanical equipment complies with Emerging Growth
Area Development Standards relative to architectural treatment and
screening of mechanical equipment.
(5) At such time as the antennae ceases to be used for communications
purposes for a period exceeding 12 consecutive months, such antennae are
dismantled and it and all associated equipment removed from the property.
If these restrictions cannot be met, then the use may be allowed through the Conditional
Use process.
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
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06SN0183-MAR8-BOS
meet the development standards for Emerging Growth Areas. A condition should be
imposed to require compliance with Emerging Growth Area requirements relative to the
architectural treatment of the proposed equipment building. (Condition 4)
The Conditional Use process provides a means of addressing ways to minimize the
possibility of any adverse impact of a tower on existing and planned areas of
development. The Tower Siting Policy suggests, where towers are to be located in the
vicinity of. existing or planned areas of development, the tower should be located as
remotely as possible from these areas and on property which is densely wooded with
mature vegetation. The Policy also suggests measures should be taken to insure the
preservation of a mature stand of trees around the tower.
The proposed communications tower will be located in Goyne Park, adjacent to the tennis
courts. The closest residence is approximately 700 feet away. Approximately 240 feet of
this distance is a Resource Protection Area (RP A), which cannot b.e disturbed. Mature
vegetation is located within this RP A as well as in the area immediately surrounding the
proposed tower site. This vegetation, ~s well as topographical differences in the area,
will mitigate the visual impact of the to~er from area residential development.
The height of the tower is not to exceed 180 feet (Condition 5). Access to the tower site
will be via an existing park access to Ecoff Avenue. Consistent with past actions on
similar facilities, should this request be approved, the base of the tower should be secured
with a fence to. discourage trespassing (Condition 2). . Due to the proximity area
development, the communications tower should be gray or another neutral color so as to
minimize the visual impact such development. (Condition 3)
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 6)
CONCLUSION
The proposal conforms to the Public Facilities Plan, which suggests that communications towers
should be located to minimize the impact on existing or future Cl;reas of development. In
addition, the proposal conforms to the Tower Siting Policy which suggests~ where towers are to
be located in. the vicinity of existing or planned areas of development, the tower, should. be
located as remotely as possible from such areas and on property which is densely wooded with
mature vegetation. !he Policy also suggests me'asures should be taken to insure the preservation
of a mature stand of trees around the tower.
The proposed communications tower will be located in Goyne Park, near a Resource Protection
Area (RP A). Mature vegetation is located within this RP A as well as in the area immediately
surrounding the proposed'tower site. This vegetation, as well as topographical differences in the
area, will mitigate the visual impact of the tower from area residential development. T4e
recommended ,conditions will further minimize the possibility of any adverse impact on area
development. .
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06SN0183-:MAR8-BOS
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/21/06):
The applicant accepted staff s recommendation. There was no opposition present.
On motion of Mr. Wilson, seconded by Mr. Gulley, the Commission recommended
approval subject to the conditions on pages 2 and 3.
AYES: Messts. Wilson, Gecker, Gulley and Litton.
ABSENT: Mr. Bass.
The Board of Supervisors, on Wednesday, March 8, 2006, beginning at 7:00 p.m., will take
under consideration this request. ..
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06SN0183"-rviAR8-BOS
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