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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0275
September 24, 2008 BS
New Cingular Wireless PCS, LLC (AT&T)
Bermuda Magisterial District
East line of Allied Road
RE VEST: Conditional Use to permit a communications tower in an Agricultural (A) District.
PROPOSED LAND USE:
A 199-foot communications tower and associated improvements are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMENED APPROVAL SUBJECT TO THE CONDITIONS AND ACCEPTANCE OF
THE PROFFERED CONDITIONS ON PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. 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 and encourages grouping
facilities in industrial areas.
B. The proposal conforms to the Tower Siting Policy which suggests that towers
should generally be located away from existing or planned areas of residential
development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS AND BOS NOTE. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
Providing a FIRST CHOICE community through excellence in public service
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
CONDITIONS
(STAFF/CPC) 1. The tower shall be located as depicted on the Overall Site Plan
entitiled RI602A Bermuda, prepared by Allpro Consulting Group,
Inc., with a final revision date of May 9, 2008 and submitted with
the application. (P)
(STAFF/CPC) 2. There shall be no signs permitted to identify this use. (P)
(STAFF/CPC) 3. 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 Planning Department.
b. The tower shall not be lighted.
c. The tower shall be a monopole structure. (P)
(STAFF/CPC) 4. 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
The Owner and Developer in this request for a conditional use planned development ("CUPD"),
pursuant to §15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of
Chesterfield County, for themselves and their respective successors or assigns, proffer that the
development of the property known as part of Chesterfield County Tax Identification Number
829-643-1520 (the "Property") under consideration will be developed according to the following
conditions if, and only if, the CUPD to construct a telecommunications tower on the Property is
granted. In the event the request is denied or approved with conditions not agreed to by the
Developer, the proffers and conditions shall immediately be null and void and of no further force
or effect.
(STAFF/CPC) 1. Tree Preservation Area. 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,
south and west 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. So long as
2 08SN0275-SEP24-BOS-RPT
such area is required, no trees within the area shall be removed
unless such trees are dead, diseased, or dying. (P)
(STAFF/CPC) 2. Architectural Treatment and Screening. Any ground-based
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 for views into the compound from the
north, south and west sides of the compound, except screening
shall not be required for the tower or tower-mounted equipment.
(P)
GENERAL INFORMATION
T ,ncati nn
East line of Allied Road, north of East Hundred Road. Tax ID 829-643-Part of 1520.
Existing Zoning:
A
Size:
5.8 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North, South, East and West - A and C-3; Commercial or vacant
UTILITIES; PUBLIC FACILITIES; AND TRANSPORTATION
This request will have no impact on these facilities.
ENVIRONMENTAL
Drainage and Erosion:
If the proposed tower and access disturbs more than 2,500 square feet, a land disturbance
permit will be required from the Department of Environmental Engineering.
3 08SN0275-SEP24-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, it appears there will be no adverse affect on the County
Airport.
T,ANn T1CF,
Comprehensive Plan:
The request property lies within the boundaries of the Consolidated Eastern Area Plan which
suggests the property is appropriate for industrial use.
The Public Facilities Plan, an element of the Comprehensive Plan, suggests that
communications tower locations should generally be located to minimize the impact on
existing or future areas of development and to minimize locations adjacent to planned or
existing residential development. Further, the Public Facilities Plan provides that
communications towers should be located and designed to be compatible with the
character of the area.
Area Development Trends:
Surrounding properties are zoned Community Business (C-3) and Agricultural (A) and
are occupied by commercial uses or remain vacant. It is anticipated industrial uses (I-1
and I-2) will develop in the area, as suggested by the Comprehensive Plan.
Development Standards:
The proposed tower is to be located adjacent to a Resource Protection Area (RPA) along
Johnson Creek, on property currently vacant. Access to the tower site would be provided
via a proposed driveway off of Allied Road. Consistent with past actions on similar
facilities, the base of the tower should be secured with a fence to discourage trespassing
(Proffered Condition 1). Proffered Condition 1 also provides for the preservation of
mature trees outside of and adjacent to the tower compound on the north, south and west
boundaries. An RPA, bounds the east side thereby insuring tree preservation on the east
si e.
As previously noted, the applicant proposes to erect a 199-foot communications tower.
The Zoning Ordinance provides that communications towers may be permitted within
4 08SN0275-SEP24-BOS-RPT
Agricultural (A) Districts provided that antennae are co-located on electric transmission
structures; are flush-mount; are restricted to a maximum height of twenty (20) feet above
the height of the transmission structure; and are gray or other neutral color. The applicant
has requested a Conditional Use Planned Development because these restrictions cannot
be met.
So as to minimize the visual impact of the tower, the recommended condition would
require the tower to be gray or another neutral color, no lighting of the tower and that the
tower be a monopole structure (Condition 3). Further, Condition 2 prohibits signs
identifying the use and Condition 1 restricts the location of the tower.
In addition, consistent with past actions on similar facilities, the tower should be removed
at such time that it ceases to be used for communications purposes, to ensure that the
tower does not become a maintenance problem or an eyesore. (Condition 4)
CONCLUSION
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 and to minimize locations adjacent to planned or existing residential development.
Further, the Public Facilities Plan provides that communications towers should be located and
designed to be compatible with the character of the area.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/19/08):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended
approval subject to the conditions and acceptance of the proffered conditions on pages 2
and 3.
AYES: Messrs. Gulley, Bass, Brown, Hassen, and Waller.
The Board of Supervisors, on Wednesday, September 24, 2008, beginning at 6:30 p.m., will take
under consideration this request.
5 08SN0275-SEP24-BOS-RPT
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