The Planning Commission recommended denial by a vote of 6-0 on March 1, 2017. Please see Additional Info for more detail.   

Staff recommends approval of the attached Resolution of Approval including recommended conditions. 

The applicant requests a special use permit to place a 150-foot tall monopole communication tower with a 10-foot lightning rod (160 feet total height) within a 2,520 sq. ft., fenced equipment area on the 1.4 acre parcel, which is setback approximately 560 feet south of Plank Road. at an unaddressed property within the Central Crescent Subdivision. The property is located approximately 400 feet south and behind Loanmax Title Loans, which is located at 3914 Plank Rd.  Approximately 250 feet further south is the neighborhood of Maple Grove.  The property is currently improved with a disused parking lot, zoned Commercial 2 (C-2) and has a Future Land Use designation of Commercial per the Comprehensive Plan.  Tax map parcel 23-22-2.

The Cable Television and Telecommunications Committee reviewed the application on February 9, 2017 and recommended approval with the condition that the proposed tower be lit. 

The Telecommunications Act of 1996 prohibits local jurisdictions from denying communications facilities requests due to radiofrequency radiation concerns.

The Planning Commission noted the following prior to recommending denial: 

-concerns regarding whether or not the tower was actually needed for coverage or capacity needs;

-concerns regarding whether existing county facilities could be used in lieu of a new tower (including the Cherry Road Water Tank, or further improvements to T-Mobile equipment at the Chancellor Convenience Center);

-whether a new tower could instead be built on county property instead (including Fire Station 6 or the Salem Elementary School);

-concern over a discrepancy in the application regarding the structural capacity of the Chancellor Convenience Center tower;

-concern over an error with the propagation map scaling and lack of a ‘no build’ scenario.

The Planning Commission was also provided a petition from an opposing neighbor which included approximately 120 signatures. Staff estimates approximately half of those signatures are from residents within the immediate Maple Grove area based on comparing the signees' addresses with street names in Maple Grove.  Three residents also spoke to oppose the case noting that the tower would be a visual blight and may have a negative impact on their property/resale values.  

The applicant submitted four additional materials after the Planning Commission's recommendation of denial in order to address the Planning Commission's concerns. The materials are included within this agenda packet and are identified as Supplemental or Revised. 

Staff requested the attendance of County telecommunication consultant Atlantic Technology Consulting Inc. should the Board have technical questions. This consultant also prepared an independent RF analysis on signal improvements from the applicants proposal, this presentation is included at the end of the agenda packet, also labeled Supplemental. 

The applicant's representative has agreed to extend the shot clock deadline to June 9, 2017 should further deliberation be needed.