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88SN0063~- t 3nr~e-~~s-X98$-6g6 3~~y-}~s-}988-6P6 July 27, 1988 BS REQUEST ANALYSIS AND RECOMMENDATION 88SN0063 Contel Cellular, Inc. Midlothian Magisterial District West line of Buford Road REQUEST: Conditional Use Planned Development to permit a 198 foot communica- tions tower in a Convenience Business (B-1) District. A sixty three (63) foot exception to the eighty-one (81) foot rear yard setback requirement for the 198 foot tower, and a seventeen (17) foot excep- tion to the thirty (30) foot rear yard setback for an associated equipment building, are also requested. PLANNING COMMISSION RECOMMENDATION THE COMMISSION DEFERRED THIS CASE FOR SIXTY (60) DAYS TO SEPTEMBER 20, 1988. THEREFORE, THE BOARD OF SUPERVISORS SHOULD DEFER THIS CASE PENDING THE PLAN- NING COMMISSION'S ACTION. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The subject property and surrounding area is currently zoned for commercial land use, and a portion of the property is occupied by a commercial use. The proposed tower will not generate additional excessive traffic or noise and will have minimal impact upon exist- ing area commercial development. B. Similar communications towers have been erected in the area without any apparent adverse impact upon adjacent commercial properties. C. The conditions recommended herein will further minimize the pos- sibility of any adverse impact on existing or future area commercial development, the Chesterfield County Public. Safety Trunked System or the County Airport. (NOTE: 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 CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) CONDITIONS (STAFF) 1. The plan prepared by Potts and Minter, dated March 14, 1988, shall be considered the Master Plan. (P) (STAFF) 2. This Conditional Use Planned Development shall be granted for the purpose of constructing a 198 foot tower and an equipment building. (P) (STAFF) 3. All driveways and parking areas shall be graveled and main- tained to minimize dust problems and provide ease of ingress and egress. (P) (STAFF) 4. There shall be no signs permitted to identify this use. (P) (STAFF) 5. The base of the tower shall be enclosed by a six (6) foot high fence, designed to preclude trespassing. The fence shall be placed so as to provide sufficient room between the fence and property line to accommodate evergreen planting having an initial height and spacing to provide screening of the base of the tower and the equipment building from adjacent properties. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) (STAFF) 6. Prior to release of a building permit for the tower, a copy of FAA approval shall be submitted to the Planning Department. (P) (STAFF) 7. The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. Prior to release of a building permit, the applicants shall perform an engineering study to determine the possibility of radio frequency interference with the County system and the study shall be submitted to the Chesterfield County's Communications and Electronics staff for review and approval. (FD) (STAFF) 8. The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System. Such corrections shall be made immediately upon notification of any problems by the Chesterfield County Communications and Electronics staff. (FD) (STAFF) 9. In conjunction with the approval of this request, the Planning Commission shall grant schematic plan approval of the Master Plan. (P) (STAFF) 10. Prior to final site plan approval, a sixteen (16) foot perma- nent easement and a five (5) foot temporary construction ease- ment for sewer along the southern property line shall be ded- icated to the County of Chesterfield. (U) GENERAL INFORMATION Location: West line of Buford Road, approximately 500 feet north of Midlothian Turnpike. Tax Map 18-15 (1) Part of Parcel 16 (Sheet 8). 2 88SNC'11,63/JULY27V/BSJUL8 c Existing Zoning: Size: Existing Land Use: B-1 0.2 acres Commercial and vacant Adjacent Zoning & Land Use: North - B-1; Commercial or vacant South - B-1 and B-3; Commercial East - B-1 and B-2; Commercial West - B-2; Commercial Utilities: Public water and sewer not required for proposed use. However, an easement should be dedicated to provide sewer service to adjacent property (Tax Map 18-16 (1) Parcel 43) located between the request site and Buford Road. All other properties in the immediate area have public sewer available. Environmental Engineering: Fire Service: Drains through easements to tributaries of Pocoshock Creek. There are existing off- site drainage problems downstream at Cloverleaf Lake Apartments, which experi- ences occasional flooding. The proposed improvements will generate low runoff and will not adversely affect surrounding properties. No on- or off-site drainage and/or erosion control problems anticipated with this development. Buford Fire Station, Company 4t9. At pre- sent, fire service capability adequate. General Plan (Northern Area Land Use and Transporta- tion Plan): General commercial Transportation: Proposed use will have minimal impact on area traffic patterns. The Northern Area Land Use and Transportation Plan identifies Buford Road as a collector with a recom- mended right of way width of seventy (70) feet. Since the applicant will not own the property, dedication of right of way is not being requested. DISCUSSION A Conditional Use Planned Development is requested with the intent of erecting a 198 foot tower and equipment building. The planned facilities will provide cellular phone communications. The facility will be visited 3 88SN0063/JULY27V/BSJUL8 occasionally by maintenance personnel, but otherwise will be unmanned. Exceptions to the rear yard setback requirements for the tower and asso- ciated equipment building are also requested. The area surrounding the request parcel is characterized by commercial development and the Northern Area Land Use and Transportation Plan desig- nates the site for general commercial use. The property is currently zoned Convenience Business (B-1) and could be developed for those uses permitted in that District. Currently, a commercial use exists on a portion of the property. The proposed tower will not generate traffic and noise which is usually associated with uses permitted by B-1 zoning. Through the Conditional Use Planned Development process, the Commission and Board can impose conditions that further ensure appropriate land use compatibility with area development. The recommended conditions are designed to ensure that the facility will not adversely affect the sur- rounding area. (Conditions 3, 4, and 5) It should be noted that similar communications towers currently exist in the area without any apparent adverse impact upon adjacent commercial land uses. Specifically, a 100 foot tower is currently located on prop- erty fronting Buford Road to the east within 500 feet of the proposed facilities. In addition, a 430 foot tower has been erected on State Police Headquarters property fronting Midlothian Turnpike to the east. The County Airport Manager has indicated that the tower will not adverse- ly affect the County's airport operations. The Chesterfield County emergency radio personnel have reviewed this request and indicated that the proposed tower should be designed so as not to interfere with the Chesterfield County Public Safety Trunked System (Condition 7). Once the facility is in operation, the developer should be required to correct any problems should they arise. (Condition 8) The requested setback exceptions should not adversely impact upon adja- cent commercial uses. Therefore, approval of these exceptions would. be appropriate. ~' CASE HISTORY Planning Commission Meeting (6/21/88): At the request of the applicant, the Commission deferred this case for thirty (30) days to allow the applicant an opportunity to meet with area property owners. Staff (6/22/88): The applicant was advised in writing that any new information must be submitted no later than June 27, 1988, in order to be considered at the July 19, 1988, Zoning Session. 4 88SN0063/JULY27V/BSJUL8 Staff (6/27/88): To date, no new information has been submitted. Planning Commission Meeting (7/19/88): The applicant accepted the recommendation. There was opposition present. Concerns were expressed as to whether or not the tower would present a safety problem for area business establish- ments and more particularly a day care center. On motion of Mr. Kelly, seconded by Mr. Warren, the Commission deferred this case for sixty (60) days to September 20, 1988. AYES: Unanimous. The Board of Supervisors on Wednesday, July 27, 1988, beginning at 2:00 p.m., will take under consideration this request. 5 88SN0063/JULY27V/BSJUL8 ~t ~ i ~ ~ ~~ \ I ~ oa ~ ~ yob > , s ` ? ym .r ~ ~ ~ 9 y r 7 v ~k'N/7F CREEK ,'~ ~ ~ s. ~- ~~~~~~~ ~ ~~~ ec $ R CKCREEK. PARK •, ~~ ~ . 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