06SN0279
1^~UguSt 15, 2006 CPC
September 19, 2006 CPC
October 25, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SN0279
(AMENDED)
New Cingular Wireless pes, LLC
Bermuda Magisterial District
Off the south line of Carver Heights Drive
REQUEST: A Conditional Use to permit a communications tower in an Agricultural (A) District.
PROPOSED LAND USE:
A 1 99- foot communications tower with accessory equipment is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. With the recommended conditions, 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.
B. The proposal conforms to the Tower Siting Policy which suggests towers should
be located in areas characterized by industrial use.
c. The recommended conditions will further minimize the possibility of any adverse
impact on area development, the County Communications System or the County
Airport.
Providing a FIRST CHOICE community through excellence in public service
(NOTE: CONDITIONS MAYBE 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
"epe" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION. )
CONDITIONS
(STAFF/epe)
(STAFF/CPC)
(STAFF/CPC)
(ST AFF /cPC)
(STAFF/epe)
1.
The fenced compound for the tower shall be located a minimum of
1 00 feet from the eastern boundary of the property as identified on
Sheet Ex-2 of plans prepared by Site Acquisitions, Inc. and dated
August 14, 2006e A buffer of mature trees shall be preserved in the
area between the fenced compound and eastern property boundarye
Existing vegetation within this area shall be supplemented where
necessary with additional landscaping to minimize the view of the
site from the proposed right of way to the east. A detailed plan
depicting this requirement shall be submitted to the Planning
Department for approval in conjunction with final site plan review.
No trees within the buffer may be removed unless such trees area
dead, diseased or dyinge (P)
2.
There shall be no signs permitted to identify this use. (P)
3.
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
landscaping plan depicting this requirement shall be submitted to
the Planning Department for review and approval. (P)
4.
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 PlaMing Department.
b. The tower shall not be lighted.
c. The tower shall be a monopole structure (P)
5.
Any building or mechanical equipment shall comply with Sections
19-595 and 19-570 (b) and (c) of the Zoning Ordinance relative to
2
06SN0279-0CT25-BOS
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.)
(STAFF/epC)
(STAFF/CPC)
6.
The tower shall not exceed a height of 199 feet. (P)
7.
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 from the property. (P)
GENERAL INFORMATION
Location:
South line of Carver Heights Drive, west of West Booker Boulevard. Tax ID 776-649-Part
of 6217.
Existing Zoning:
A
Size:
0.5 acre
Existing Land Use:
Commercial
Adlacent Zoning and Land Use:
North, South, East and West - A with Conditional Use and Conditional Use Planned
Development; Construction/demolition/debris landfill, contractor's shop and storage
yard or vacant
UTILITIES
The proposed use will not necessitate a manned facility; therefore, the use of the public water
and wastewater system is not required.
3
06SN0279-0CT25-BOS
ENVIRONMENT AL
Drainage and Erosion:
The property drains to Piney Branch. There are no existing or anticipated on- or off-site
drainage or erosion problems. If the disturbed acreage exceeds 2,500 square feet, a land
disturbance permit must be obtained from the Department of Environmental Engineering.
PUBLIC FACILITIES
Fire Service:
The Chester Fire Station, Company Number 1 and the Airport Fire Station, Medic 15
currently provide fire protection and emergency medical service (EMS). This request will
have a minimal impact on Fire and EMS.
Transportation:
The proposed development (communications tower) on the property will have a minimal
impact on the existing transportation network.
The Thoroughfare Plan identifies a proposed north/south major arterial ("South Chalkley
Road Extended"), with a recommended right-of-way width of ninety (90) feet, from Carver
Heights Drive, south to Bradley Bridge Road. The proposed alignment of South Chalkley
Road Extended is located just east of the property. The property is located approximately
one hundred (100) feet west of the proposed South Chalkley Road Extended.
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, it appears there will be no adverse affect on the County
Airport.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for residential use of 1-5 acre lots suited to R-88 zoning.
4
06SN0279-0CT25-BOS
Area Development Trends:
While area properties are zoned Agricultural (A), the land uses are characteristic of
industrial development with contractor uses, a construction/demolition/debris landfill and
a closed county landfill.
As noted, the Plan suggests residential development in this area. However, given the
existence of two (2) landfills, (one (1) closed and one (1) active) as well as industrial uses
such as contractors' office and storage yards, it is anticipated that any future area
residential development will occur south of the site.
Use:
Communications towers are allowed as a restricted use in an Agricultural (A) District,
subject to numerous provisions one (1) of those restrictions require that the Antennae are
co-located on electric transmission structures.
This proposal is for a freestanding tower. Therefore, a Conditional Use is required.
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 should be
imposed to require compliance with Emerging Growth Area requirements relative to the
architectural treatment of the proposed equipment building. (Condition 5)
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. As noted in the Transportation section, a major north/south road is
proposed east of the site on the Thoroughfare Plan. Given the proximity to this proposed
road, measures should be taken to minimize the visual impact. The Policy suggests
preservation of a mature stand of trees between the tower site and the proposed road.
(Condition 1)
The height of the tower is not to exceed 199 feet (Condition 6). Access to the tower site
will be via a driveway to Nena Grove Lane. 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 3). Due to the proximity of area development,
the communications tower should be gray or another neutral color so as to minimize the
visual impact on such development. (Condition 4)
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 7)
5
06SN0279-0CT25-BOS
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 areas of development. With the
imposition of conditions which will minimize the visual impact of the tower from a planned
north/south road, the site conforms to the Public Facilities Plan and the Tower Siting Policy. In
addition, the area immediately surrounding the request site is characterized by industrial uses.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Applicant (8/15/06):
The application was amended. The deferral fee has not been paid.
Planning Commission Meeting (8/15/06):
At the request of the applicant, the Commission deferred this case to September 19, 2006.
(Staff (8/17/06):
The applicant was advised in writing that any significant, new or revised information should
be submitted no later than August 21, 2006, for consideration at the Commission September
19, 2006, public hearing.
Also, the applicant was advised that a $230.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (9/13/06):
The deferral fee was paid.
Planning Commission Meeting (9/19/06):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Wilson, seconded by Mr. Gulley, the Commission recommended
approval of this request subject to the conditions on pages 2 and 3.
6
06SN0279-0CT25-BOS
AYES: Messrs. Wilson, Gecker, Bass, Gulley and Litton.
The Board of Supervisors, on Wednesday, October 25, 2006, beginning at 7:00 p.m., will take
under consideration this request.
7
06SN0279-0CT25-BOS
.
\ .. II:
I ~
~
(.)
~
u
o
..)
i
.r
::I
z+ +-'
Q)
Q)
LL
0
;. I ~ 0
......... (0
'If.' C
I w
I c
N Z
w
I' ~ 0
~ ~ ~
en
~ ......
N .
0::>>
z.
Cl)U 0
COG] 0
o :::::::::::: CO
~,
..
.
I
----- --- -. i
z
z
C
..I
I.
1&1
a=
c
U.
z:
"
:::>>
o
a=
o
z:
I-
SlA1al
OlO5NOz,Q-1
\