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01PD0171-Oct24sa1.pdf STAFF'S' REQUEST ANALYSIS RECOMMENDATION l/l~,,.,~h ON ONN1 f~I)t~ S~te~r 2fi, 200! BS October 24, 2001~BS 01PD0171 Sprint PCS Midlothian Magisterial District South line of Robious Road REQUEST: Appeal' of Planning Commission's Substantial Accord Determination that a communications tower at this location fails to comply with the County's Comprehensive Plan. This appeal was submitted in conjunction with Conditional Use, Case 01SN0163. PROPOSED LAND USE: A.135 foot communications tower and-associated improvements are planned. The tower is planned to give the appearance of a flagpole. (NOTE: IN ORDER FOR THE BOARD TO CONSIDER THIS REQUEST. AT THEIR OCT. OBER PUBLIC HEARING, THE $250.00 DEFERRAL FEE MUST BE PAID,) PLANNING COMMISSION DECISION DETERMINED THAT THE PROPOSAL DOES NOT COMPLY WITH THE COUNTY'S' COMPREHENSIVE PLAN. STAFF RECOMMENDA~ON Recommend that the Commission's determination be upheld for the following reason: The proPosed tower does not conform to the locational criteria of the Public Facilities Planl which suggests that communications towers should generally be located so as to minimize impacts .on existing and future areas of development. Providing a FIRST CHOICE Community Through Excellence in Public Service GENERAL INFORMATION.; PUBLIC FACII.ITIES; AND LAND USE For details, refer to "Request Analysis and Recommendation" for Case 01SN0163. CONCLUSIONS The proposed tower does not conform to the locational criteria of the Public Facilities Plan which suggests that communications towers should be located so as to minimize the impact on existing and future areas of development. Specifically, the request site is located near an established residential neighborhood of single family residences in Briarwood Subdivision. Given the visibility of the proposed tower from area residences and public roads, denial of this request is recommended. CASE HISTORY Planning Commission Meeting O/20/01): At the request of the applicant, the Commission deferred this case to May 15, 2001. Staff(3/21/01): The applicant was advised in writing that any significant new or revised information should be submitted no later than March 29, 2001, for consideration at the Commission's May 15, 2001, public hearing. Also, the applicant was advised that a $150.00 deferral fee must be paid 'prior to the Commission's public hearing. Staff (4/13/01): The deferral feewas paid.. Planning Commission Me6ting (5/15/01): The applicant did not accept the Commission's decision. There was opposition present. Concerns were expressed that the tower site does not cOnform to the recommendations of the Public Facilities Plan, a component of the Comprehensive Plan. Mr. Gecker stated that the proposal does not conform to the recommendations of the Public Facilities Plan or the guidelines for siting towers; that the use would encroach, into a stable 2 01SN0163/WP/OCT'24SA1 residential neighborhood; and that other, sites exist in the area which are more suitable for the proposed use. On motion of Mr. Gecker, seconded by Mr. Gulley, the Commission determined that the proposal does not comply with the Comprehensive Plan. AYES: Unanimous. Applicant (5/22/01):- The applicant filed this appeal to the Commission's determination. Board of Supervisors' Meeting (6/20/01): .~ At the request of the applicant, the Board deferred this case to July 25, 2001. Staff (6/21/01): The applicant was advised in writing that any significant new or revised information should be submitted no later than June 26, 2001, for consideration at the Board's July 25, 2001, public heating. Also, the'applicant was advised that a $250.00 deferral fee must be paid prior to the Board's ~ublic hearing. Staff (6/29/01): The. deferral fee was paid. Board of Supervisors' Meeting (7/25/01): On their own motion, the Board deferred this request to August 22, 2001. Staff (7/26/01): The applicant was advised in writing that any significant new or revised ~ormation should be submitted no later than July 31, 2001, for consideration at the Board's August 22, 2001 public hearing. 3 01SN0163/WP/OCT24 SA 1 Staff(8/10/01): To date, no new information has been submitted. Board of Supervisors' Meeting (8/22/01): On their own motion, the Board deferred this case to September 26, 2001. Staff (8/23/01): The applicant was advised in writing that any significant new or revised information should be submitted no later than August 29, 2001, to be considered by the Board at their September 26, 2001, meeting. Staff (9/4/01): To date, no new information has been received. Board of Supervisors' Meeting (9/26/01): At the request of the applicant, the'Board deferred this case to October 24, 2001. Staff (9/27/01): The applicant was advised in writing that any significant new or revised information should be submitted no later than October 1, 2001, for consideration at the Board's October 24, 2001, public hearing. Also the applicant was advised that a $250.00 deferral fee must be paid prior to the Board's public hearing. Staff(10/3/01): To date, no new information has been received, nor has the deferral fee been paid. The Board of Supervisors, on Wednesday, October 24, 2001, beginning, at 7:00 p.m., will take under consideration this request. 4 01 SN0163/WP/OCT24SA1 R.40 R-MF R-40 0-2 BRIARWOOD HEARTH 'R-7 6O0 600 Feet '0-; .I-1 01PD0171 SUBSTANTIAL ACCORD Sheet #: 2.