01pd0171-Sept26sa1.pdf STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
September 26, 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 01 SN0163.
PROPOSED LAND USE:
A 135 foot communications tower and associated improvements are planned. The
tower is planned to give the appearance of a flagpole.
PLANNING COMMISSION DECISION
DETERMINED THAT THE PROPOSAL DOES NOT COMPLY WITH THE COUNTY'S
COMPREHENSIVE PLAN.
STAFF RECOMMENDATION
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 Plan
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 FACILITIES; AND LAND USE
For details, refer to "Request Analysis and Recommendation" for Case 01 SN0163.
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 (3/20/01):
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 fee was paid.
Planning Commission Meeting (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 O1 SN0163/WP/SEPT26SA1
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 public heating.
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 information should
be submitted no later than July 31, 2001, for consideration at the Board's August 22, 2001
public hearing.
3 01 SN0163/WP/SEPT26SA1
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.
The Board of Supervisors, on Wednesday, September 26, 2001, beginning at 7:00 p.m., will take
under consideration this request.
4 01SN0163/WP/SEPT26SA1
R.40
R-MF
R-40
0-2
BRIARWOOD HEARTH
R-7
O' 600 Feet
m m
.I-1
m m
01PD0171
SUBSTANTIAL ACCORD
Sheet #: 2