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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0323
Richmond 20 MHZ LLC
Dale Magisterial District
Southeastern terminus of Cotfield Road
REQUEST: Conditional Use to permit a communications tower in a Residential (R-7) District.
PROPOSED LAND USE:
A 154-foot communications tower with accessory equipment is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGE 2.
AYES: MESSRS. GULLEY, BASS, BROWN AND HASSEN.
ABSENT : MR. WALLER.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposal conforms to the Public Facilities Plan and Tower Sitin.~ PolicX.
B. The Ordinance minimizes the possibility of any adverse impact on the County
Communications System or the County Airport.
(NOTE: CONDITIONS MAY BE 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
Providing a FIRST CHOICE community through excellence in public service
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
CONDITIONS
(STAFF/CPC) 1. There shall be no signs perniitted to identify this use. (P)
(STAFF/CPC) 2. The base of the tower shall be enclosed by a minimum six (6) foot high
fence, designed to preclude trespassing. A minimum 100-foot area of
mature trees shall be preserved outside of, and adjacent to, the compound,
on the north and east sides of the compound. A detailed plan depicting
these requirements shall be submitted to the Planning Department for
approval in conjunction with final site plan review. Except as otherwise
provided herein, no trees within the buffer may be removed unless such
trees are dead, diseased or dying. (P)
(STAFF/CPC) 3. The color, design 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)
(STAFF/CPC) 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.)
(STAFF/CPC) 5. 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)
PROFFERED CONDITIONS
We hereby proffer the conditions listed below if, and only if, the request for a conditional use
(CU) is granted. In the event the request is denied or approved with conditions not agreed to by
the applicant, the conditions listed below shall immediately be null and void and of no further
force or effect.
2 07SN0323-MAR12-BOS-RPT
1. Communications Tower Heim. The height of the communications tower shall not
exceed one hundred fifty-four (154) feet inclusive of a four (4) foot lightning rod. (P)
2. Communications Tower Antenna. Antennas shall be flush mounted. (P)
GENERAL INFORMATION
T nratinn~
Southeastern terminus of Cotfield Road, south of Pano Road. Tax ID 781-676-Part of 7315.
Existing Zoning:
R-7
Size:
1.2 acres
Existin Land Use:
Residential
Adjacent Zoning and Land Use:
North, South, East and West - R-7; Single-family residential or vacant
UTILITIES; PUBLIC FACILITIES; AND TRANSPORTATION
This use will have no impact on these facilities.
ENVIRONMENTAL
Drainage and Erosion:
If more than 2,500 square feet of land area is disturbed, a land disturbance permit will be
required from the Department of Environmental Engineering.
Water Quality:
The parcel on which the cell tower is to be installed has a perennial stream therefore, the
tower and any associated clearing must take place outside of the Resource Protection Area
(RPA).
3 07SN0323-MAR12-BOS-RPT
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.
Comprehensive Plan:
T A NTl T TCF
Lies within the boundaries of the Central Area Plan which suggests the property is appropriate for
residential use of 1.0 to 2.5 dwelling units per acre.
Area Development Trends:
Use
Adjacent properties are zoned Residential (R-7) and are occupied by single-family
residential uses in Kimberly Acres, Reedy Branch and Indian Springs subdivisions and
on acreage parcels or remains vacant. It is anticipated that residential uses will continue
in the area, as suggested by the Plan.
Communications towers are allowed as a restricted use in a Residential (R-7) District,
with certain provisions. 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 Residential (R-7), 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 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 Sitin.~ 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 Pow also suggests measures should be taken to insure the
preservation of a mature stand of trees around the tower.
4 07SN0323-MAR12-BOS-RPT
The proposed communications tower will be located on a heavily wooded parcel,
adjacent to a stream and a Resource Protection Area (RPA). The RPA is an
environmentally protected area which cannot be disturbed. Mature vegetation is located
within this RPA 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. (Condition 2)
The height of the tower is not to exceed 154 feet (Proffered Condition 1). Further, to
minimize the visual impact, proffers require that the antenna be flush mounted. (Proffered
Condition 2.) Access to the tower site will be via a driveway access to the existing
residence on the property. 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 of 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 5)
CONCLUSIONS
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. In
addition, the proposal conforms to the Tower Sitin.~ PolicX 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. The Pow also suggests measures should be taken to insure the preservation
of a mature stand of trees around the tower.
Mature vegetation is located within 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 existing and future area residential development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (6/19/07):
At the request of the applicant, the Commission deferred this case to August 21, 2007.
5 07SN0323-MAR12-BOS-RPT
Staff (6/20/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than June 25, 2007, for consideration at the Commission's
August 21, 2007, public hearing. Also, the applicant was advised that a $130.00 deferral
fee must be paid prior to the Commission's public hearing.
Applicant (7/18/07):
The applicant paid the deferral fee.
Staff (7/19/07):
To date, no new information has been received.
Planning Commission Meeting (8/21/07):
At the request of the applicant, the Commission deferred this case to October 16, 2007.
Staff (8/22/07):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than August 27, 2007, for consideration at the Commission's
October 16, 2007 public hearing. Also, the applicant was advised that a $130.00 deferral
fee must be paid prior to the Commission's public hearing.
Applicant (9/ 11 /07)
The deferral fee was paid.
Applicant (9/13/07):
To date, no new information has been submitted.
Planning Commission Meeting (10/16/07):
At the request of the applicant, the Commission deferred this case to January 15, 2008.
6 07SN0323-MAR12-BOS-RPT
Staff (10/ 17/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 9, 2007, for consideration at the
Commission's January 15, 2008, public hearing. Also, the applicant was advised that a
$130.00 deferral fee must be paid prior to the Commission's public hearing.
Applicant (10/31 /07)
The applicant paid the deferral fee.
Staff (11/28/07):
To date, no new information has been received.
Planning Commission Meeting (1/15/08):
At the request of the applicant, the Commission deferred this case to February 19, 2008,
so that a community meeting could be held.
Staff (1/16/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 21, 2008, for consideration at the
Commission's February 19, 2008, public hearing. Also, the applicant was advised that a
$230.00 deferral fee must be paid prior to the Commission's public hearing.
Staff (1/23/08):
To date, no additional information has been received nor has the $230.00 deferral fee
been paid. A community meeting has been scheduled for January 30, 2008, at 7:00 p.m.
at Beulah Elementary School.
Applicant, Area Property Owners, Staff and Dale District Commissioner (1/30/08):
A meeting was held to discuss the proposal. Concerns were express relative to the
visibility of the tower and potential noise from generators on the site.
7 07SN0323-MAR12-BOS-RPT
Applicant (2/11/08 and 2/12/08):
Proffered conditions were submitted.
Applicant (2/13/08):
The deferral fee was paid.
Planning Commission Meeting (2/19/08):
The applicant accepted the recommendation. There was opposition present. Concerns
were expressed relative to the visibility of the tower from area residential uses and
potential noise from the generators to be located on the site. Questions were also posed
as to why this company's coverage was poor in the area as compared to other companies
and why the applicant could not collocate on the other companies' towers.
Dr. Brown indicated that with the recently submitted proffers the visual impact on the
neighborhood would be minimized.
On motion of Dr. Brown, seconded by Mr. Gulley, the Commission recommended
approval subj ect to the conditions and acceptance of the proffered conditions on page 2.
AYES: Messrs. Gulley, Bass, Brown and Hassen.
ABSENT: Mr. Waller.
The Board of Supervisors, on Wednesday, March 12, 2008, beginning at 6:30 p.m., will take
under consideration this request.
8 07SN0323-MAR12-BOS-RPT
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