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08SN0275~~~F~Eip~'`~ i! ~ r~~ 11 ~ rY~ ry ~; I .,'r~l 17 J ~ ~~R~s1~~?'- 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 _1 \~ I 1 1 _~ 1 Q 1 t i ~e~ ~ ~~ 1 0 1 ' ~ /' 1 ~ ~o I ~ ~ .~ 1 ~ ::::~~ ~ ~ ::. ~ ................ .::::::::::::::: . 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