09SN0175
April 21, 2009 CPC
May 27, 2009 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
09SN0175
Chesterfield County Utilities Dept
Midlothian Magisterial District
East line of Ruthers Road
REQUEST:Conditional Use to permit an above-ground water storage tank with communications
tower use on 2.4 acres plus Conditional Use Planned Development to permit
exceptions to Ordinance requirements on the entire 3.2 acre tract.
PROPOSED LAND USE:
A 145 foot water storage tank is planned on TractB (Exhibit A). Communications
antenna mounted on this tank structure would also be permitted (Proffered Condition
3). In addition, the single family dwelling located on TractA (Exhibit A) will
remain. (Textual Statement)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval forthe following reasons:
A.The proposed water storage tank conforms to thePublic Facilities Plan which
recommends expansion of the existing water system which will accommodate
development consistent with the Eastern Midlothian Plan.
B.The proposed communications tower use conforms to thePublic Facilities Plan
which suggests that communications towers and utility facilities should co-locate
whenever feasible.
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C.Incorporating the communications facilities into the water storage tank will
minimize the need for an additional freestanding communications tower in the area,
thereby reducing tower proliferation.
D. The residentialuse which will continue on Tract A conforms to the Eastern
Midlothian Plan which suggests the property is appropriate for residential use of
2.51 to 4.0 dwelling units per acre.
(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
"CPC" ARE ADDITIONAL CONDITIONSRECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
The following condition applies to all properties included in this request:
(STAFF/CPC)1.The Textual Statement dated April 14, 2009 shall be considered
the Master Plan. (P)
The following conditions apply only to the portion of the property designated as Tract B on
Exhibit A prepared by Whitman, Requardt and Associates LLP, dated February, 2009.
(STAFF/CPC)2.There shall be no signs permitted to identify the communications
tower use. (P)
(STAFF/CPC)3.The communications tower use shall only be permitted if it is
incorporated into the structure of the water storage tank. Antennas
and cables shall be mounted so as to minimize their visual impact
and any antennas shall be mounted to the top of the tank. (P)
(STAFF/CPC)4.The water storage tank shall be grey, white or another neutral
color, acceptable to the Planning Department. The
communications equipment (antennas, mounting hardware, cables,
etc.) mounted on the outside of the water tank structure shall be the
same or similar color as the water tank. Except for security
lighting over the access doors at the base of the tank, the tank and
communications equipment shall not be lighted. (P)
(STAFF/CPC)5.At such time that any communications tower antenna or equipment
ceases to be used for communications purposes for a period
exceeding twelve (12) consecutive months, the owner/developer of
the communications tower use shall dismantle and remove the
antennas and all associated equipment from the property. (P)
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(STAFF/CPC)6.Prior to any site plan approval or within ninety (90) days of a
written request by the Transportation Department, whichever
occurs first, thirty-five (35) feet of right-of-way, measured from
the centerline of Ruthers Road shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County. (T)
(STAFF/CPC)7.Except for the timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead or
diseased trees, there shall be no timbering on the property until a
land disturbance permit has been obtained from the Environmental
Engineering Department and the approved erosion control devices
have been installed. (EE)
(STAFF/CPC)8.The base of the tank shall be secured by a minimumsix (6) foot
high fence designed to preclude trespassing. (P)
(STAFF/CPC)9.AdditionalErosionControl Measures. Notwithstanding the
Erosion and Sediment Control Regulations, the following erosion
control measures shall be implemented during construction:
A.The access road shall be graveled from Ruthers Road to the
work area.
B.A water truck or other approved form of dust suppression
shall be available and dust controlled at all times. (EE)
GENERAL INFORMATION
Location:
East line of Ruthers Road, north of Elkhardt Road. Tax IDs 761-701-6688 and 761-702-
9007.
Existing Zoning:
A
Size:
3.2 acres
Existing Land Use:
Single family residential
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Adjacent Zoning and Land Use:
North, East andWest – A; Single family residential or vacant
South – R-7; Single family residential and public/semi-public (existing water tank site)
UTILITIES
Public Water System:
The proposed elevated 2.0 MG water storage tank is needed to assure adequate flows and
pressure in the Pocono Water Pressure Zone.The request site is immediately adjacent to
property owned by the County on which four (4) water tanks and a pump station building
already exist. If approval is granted for the new water tank, two smaller existing tanks,
0.25 MG and 0.75 MG, will be torn down.
Public Wastewater System:
The proposed tank will not require use of the public wastewater system.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the north via small tributaries to Pocoshock Creek. There are
no known on- or off-site drainage or erosion problems and none are anticipated after
development.
The property is wooded and, as such, should not be timbered without obtaining a land
disturbance permit from the Department of Environmental Engineering and the appropriate
erosion control devices have been installed (Proffered Condition 7). This will ensure
appropriate erosion control measures are in place prior to land disturbance.
To address concerns of area citizens and the Midlothian District Planning Commissioner
relative to dust control during construction, Proffered Condition 9 requires the access road to
be graveled during construction. Proffered Condition 9 will also require dust suppression to
be available during construction.
PUBLIC FACILITIES
Fire Service:
The Buford Road Fire Station and Forest View Volunteer Rescue Squad, Station 3,
currently provide fire protection and emergency medical service. This request will have a
minimal impact on these facilities.
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Transportation:
This request will have a minimal impact on the transportation network. Vehicles
generated by this development will be distributed initially along Ruthers Road, which had
a 2006 traffic count of 5,274 vehicles per day. The capacity of Ruthers Road is
acceptable (Level of Service C) for the volumeof traffic it currently carries. No road
improvement projects in this part of the county are included in the Six-Year Improvement
Program.
The Thoroughfare Plan identifies Ruthers Road as a collector with a recommended right-
of-way width of seventy (70) feet. The applicant has committed to dedicate, across Tract
B, thirty-five (35) feet of right-of-way measured from the centerline of Ruthers Road, in
accordance with that Plan. (Proffered Condition 6)
The Virginia Department of Transportation (VDOT) “Chapter 527” regulations, dealing
with development Traffic Impact Analysis requirements, have been enacted. At this
time, it is uncertain what impact VDOT regulations will have on the development process
or upon zonings approved by the county. The applicant has indicated that this request
does not meet the thresholds that would require a Traffic Impact Analysis to be submitted
to VDOT.
VDOT Access Management Regulations were enacted on July 1, 2008, but only apply to
roads that VDOT classifies as Principal Arterials. The regulations are scheduled to apply
to roads such as Ruthers Road, which has a classification of Urban Collector, on October
1, 2009. Because these Regulations have not been finalized, it is unclear what impact, if
any, they will have on development of the property.
Virginia Department of Transportation:
Actual design and construction of proposed connection to state maintained right of way
shall be shown on construction plans and in accordance with current regulations and
standards.
LAND USE
Comprehensive Plan:
Lies within the boundaries of theEastern Midlothian Plan which suggests the property is
appropriate for residential use of 2.51 to 4.0 dwelling units per acre.
ThePublic Facilities Plan, a component of the Comprehensive Plan, recommends
expansion of the County’s water systemthrough 2022 including new pumping stations,
storage tanks, water mains, and pressure zone/service area improvements. In addition,
thePublic Facilities Plan suggests that communications tower use should be located so as
to minimize impacts on existing and future areas of development. The Plan also suggests
that utility, energy and communications facilities should co-locate whenever feasible.
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Area Development Trends:
Surrounding properties are zoned Agricultural (A) and Residential R-7) and are occupied by
public-semi-public use (water storage tank site), single family residential use or are vacant.
It is anticipated that residential use will continue in the area as suggested by the
Eastern
Midlothian Plan.
Site Design and Permitted Uses:
A Conditional Use is requested on 2.4 acres, identified as Tract B on Exhibit A
(Attachment) to permit a 145 foot water storage tank and communications tower use.
Conditional Use Planned Development is requested on the entire 3.2 acre tract to permit
exceptions to Ordinance requirements fordevelopment of the water tank site and to
accommodate an existing dwelling which will remain on the northern a portion of the
property identified as Tract A on Exhibit A. The property will be developed as outlined in
the Proffered Conditions and Textual Statement. (Attachment)
Tract A:
Minimum Lot Size and Parcel Line Modification:
The portion of the property identifiedas Tract A on Exhibit A is a 0.8 acre
portion of the parent parcel, Tax ID 761-702-9007, which will continue to be
privately owned and used as a single family residence. The Utilities
Department intends to subdivide Tax ID 761-702-9007 (2.7 acres) into two
(2) parcels (Tract A which will be 0.8 acre and a 1.9 acre parcel which will
be part of Tract B) through a parcelline modification plat permitted by the
Subdivision Ordinance. The Textual Statement requires a minimum lot area
of 34,000 square feet and a minimum width of 123 feet for Tract A to assure
the lot is a legal residential building lot afterthis subdivision. One dwelling
unit on a lot with a minimum area of 34,000 square feet would yield a
density of approximately 1.28 dwelling units per acre.
It is important to note that the 34,000 lot areadoes not comply with the
Subdivision Ordinance requirement that lots utilizing individual sewage
disposal systems must have a minimum area of 40,000. The Utilities
Department has indicated they intend to seek approval of a waiver (outlined
in the Subdivision Ordinance as an “alternative to the chapter”) to this
minimum lot area requirement during subdivision plat review.
Minimum Setback Requirements:
As previously noted, the existing dwelling and accessory structures on Tract
A are proposed to remain. A twenty-eight (28) foot setback is proposed
from Ruthers Road for the existing dwelling as shown on Exhibit A to
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accommodate this existing dwelling only. Normally, the Ordinance would
require a setback of forty (40) feetfrom Ruthers Road for this principle
structure. Staff supports a reduced setback from Ruthers Road to eliminate
the non-conforming status for the existing dwelling. A forty (40) foot
setback would be required for any additions to this dwelling.
Tract B:
Use:
The portion of the property identified as Tract Bon Exhibit A is planned
for development of a 145 foot above ground water storage tank with
communications tower use. The communications tower use would only be
permitted when such use is incorporated into the structure of the water
storage tank so as to minimize the visual impacts and when antennas are
located on the top of the tank (Proffered Condition 3). Consistentwithpast
actions on similar facilities and to ensure that the communications tower use
does not become a maintenance problem or an eyesore, any equipment
associated with the communications tower use must be removed at such time
that such use ceases. (Proffered Condition 5)
Development Standards:
The request property lies within an Emerging Growth District Area. The
purpose of the Emerging Growth District standards is to promote high
quality, well-designed projects. However, because the request property is
zoned Agricultural (A), development is not required to meet development
standards of Emerging Growth Areas. The Textual Statement requires any
development of Tract B to complywith Emerging Growth District
Standards, except as outlined in theTextual Statement relative to setback
requirements and buffer standards, discussed in further detail below. These
standards will address architectural treatment of any equipment buildings &
require screening of mechanical equipment located on or associated with any
building from adjacent properties and public rights-of-way. This condition
would not require screening of the tank structure or communication antenna.
The color of the tank shall be gray or another neutral color such that it blends
in with the background sky color to minimize the visual impact (Proffered
Condition 4). Any equipment (antennas, mounting hardware, cables, etc.)
associated with the communications tower use which, as previously noted,
must be incorporated into the structure of the tank, would be required to be
the same or similar color as the tank (Proffered Condition 4). In addition,
except for security lighting, conditions prohibit lighting and also address
signage, security fencing and paving of the access road. (Proffered
Conditions 2, 4, 8 and 9)
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Buffers:
While the Ordinance would normally require a fifty (50) foot buffer along
the southern boundary of Tract B sincethe adjacent properties to the south
are zoned residentially, no buffer is planned to be provided along this
boundary (Textual Statement). Staff supports eliminating this buffer along
the southern boundary of Tract B, since the only impact to adjacent
residential uses would be mainly from the access road as shown on Exhibit
A. The planned location of the water tank is adjacent to the existing County-
owned water tank site.
Landscaping:
To addressconcernsofareacitizens and the Midlothian District Planning
Commissioner, landscaping is requiredalong both sides of the access road
adjacent to the two (2) closest dwellings. (Textual Statement, Tract B, Item
2.C.)
CONCLUSION
The proposal for a water storage tank conforms to the Public Facilities Plan which recommends
expansion of the existing water system to include above ground storage tanks by 2022. This use
will accommodate area development consistent with the recommendations of the Eastern
Midlothian Plan.
The proposed communications tower use, required to located on the water tank structure, conforms
to the Public Facilities Plan which suggests that communications tower locations should generally
be located to minimize the impact on existing or planned areas of development and that utility and
communications facilitiesshould co-locate whenever feasible. Incorporating the communications
facilities into the water storage tank will minimize the need for an additional freestanding
communications tower in the area, thereby reducing tower proliferation.
Further, the residential use which will continue on Tract A conforms to the Eastern Midlothian Plan
which suggests the property is appropriate for residential use of 2.51 to 4.0 dwelling units per acre.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Applicant (4/15/09):
Revised and additional proffered conditions and a revised Textual Statement were
submitted.
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Planning Commission Meeting (4/21/09):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Waller, seconded by Mr. Bass, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller.
The Board of Supervisors, on Wednesday, May 27, 2009, beginning at 6:30 p.m., will take under
consideration this request.
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Textual Statement
Case 09SN0175
April 14, 2009
Tract A:
Development of the portion of the property designated as Tract A on Exhibit A, prepared by
Whitman, Requardt and Associates, LLC dated February 2009, shall comply with the Ordinance
requirements for uses within the Agricultural (A) District, except as follows:
1.Uses. Uses permitted by-right or with restrictions in the Agricultural (A) District shall be
permitted.
2.Requirements.
A.Lot Area: Each lot shall have a minimum area of not less than 34,000 square feet
and a width of not less than 123 feet.
B.Setbacks:
1. Principle Structure:
a. Front Yard – The existing dwelling as shown on Exhibit A shall be
setback a minimum of twenty-eight (28) feet from the ultimate right
of way of Ruthers Road. Any addition to this structure shall be
setback a minimum of forty (40) feet from the ultimate right of way
of Ruthers Road.
2. Accessory Structures:
a. Side yard – A minimum of nine (9) feet.
Tract B:
Development of the portion of the property designated as Tract B on Exhibit A, prepared by
Whitman, Requardt and Associates, LLC dated February 2009, shall comply with Emerging
Growth District Standards of the Ordinance for Corporate Office (O-2) uses, except as follows:
1.Height: The maximum height of the above-ground water storage tank and communications
tower use shall be 145 feet.
2.Requirements:
A. Setbacks:
1. Front yard: A minimum of forty (40) feet with the installation of
perimeter landscaping A.
Textual Statement
Case 09SN0175
April 14, 2009
Page 2
2. Side Yards:
a. Along the southern property boundary – Except adjacent to Tax ID
762-701-1384 where there shall be no minimum setback
requirement, the setback shall be a minimum of ten (10) feet.
b. Along all other property boundaries – Except adjacent to Tax ID
761-701-6895 where the setback shall be a minimum of ten (10) feet,
the setback shall be a minimum of twenty (20) feet.
3. Rear yard: A minimum of forty (40) feet.
(Note: This condition would require the screening of mechanical equipment located on
or associated with any building from adjacent properties and public rights of way. This
condition would not require screening for the tank structure or communications
antennae.)
B. Buffers: Except adjacent to the southern property boundary and adjacent to the
southern boundary of Tax ID 761-701-6895 where there shall be no buffer
requirement, a twenty (20) foot buffer inclusive of required yards shall be provided
around the perimeter of the property. Such buffer shall be landscaped in
accordance with Ordinance requirements for buffers less than fifty (50) feet in
width.
C. Landscaping: Landscaping shall be installed on both sides of the access road as
follows. A plan depicting this landscaping shall be submitted to the Planning
Department for approval at the time of site plan review.
1. Within the area between the access road and the southern property line
where such property line abuts the northern boundary of Tax ID 761-701-
6777, a single row of Virginia cedars having a minimum height of six (6)
feet and spaced ten (10) feet on center shall be installed.
2. Within the area between the access road and the northern property line
where such property line abuts the southern boundary of Tax ID 761-701-
6895, landscaping shall be installed in accordance with Ordinance
requirements for perimeter landscaping C.
D. Paving: The access road and turn-around shall be paved.
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