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88SN0062 3t~ae-~~;-}988-6P6 ~tt~~'-~9;-988-6P6 3et~y-8~;-X98$-$6 August 24, 1988 BS REQUEST ANALYSIS AND RECOMMENDATION 88SN0062 Contel Cellular, Inc. Midlothian Magisterial District East line of North Providence Road REQUEST: Conditional Use Planned Development to permit a 198 foot communica- tions tower in a Community Business (B-2) District. A sixty-eight (68) foot exception to the eighty-one (81) foot rear yard setback requirement for the 198 foot tower and a ten (10) foot exception to the thirty (30) foot rear yard setback for an associated equipment building are also requested. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The subject property is currently zoned Community Business (B-2) and as such could be developed for a variety of commercial uses. In addition, adjacent properties are zoned commercially and have been developed for commercial uses. The proposed tower will not generate excessive traffic or noise and will have minimal impact upon area 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 upon area 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. Further, existing vegetation located between the fence and the property lines shall be retained, where possible, to provide further screening of the base of the tower. 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. Prior to the issuance of a building permit, thirty-five (35) feet of right of way, measured from the centerline of North Providence Road, shall be dedicated to and for the County of Chesterfield, free and unrestricted. (T) ( 2 ~ N0062/BSJULS/AUG24G . r GENERAL INFORMATION Location: East line of North Providence Road, approx- imately 200 feet north of Midlothian Turn- pike. Tax Map 18-15 (1) Parcel 15 (Sheet 8) . Existing Zoning: B-2 Size: 0.4 acres Existing Land Use: Vacant Adjacent Zoning & Land Use: North South East West P - B-2; Commercial - B-2; Commercial - B-3; Commercial - B-2 and B-2 with Conditional Use Tanned Development; Commercial Utilities: Public water and sewer not required for proposed use. Environmental Engineering: 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. Fire Service: Buford Fire Station, Company 4~9. 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 North Providence Road as a collector with a recommended right of way width of seventy (70) feet. Right of way should be dedicat- ed in accordance with the Plan. T1 T C ('TTC C Tl1N A Conditional Use Planned Development is requested with the intent of erecting a 198 foot tower and equipment building. The planned facilities 3 88SN0062/BSJUL8/AUG24G will provide cellular phone communications. The facility will be visited occasionally by maintenance personnel, but otherwise will be unmanned. Exceptions to the rear yard setback .requirement for the tower and associ- ated 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 heavy commercial use. The property is currently zoned Community Business (B-2) and could be developed for those uses permitted in that District. The proposed tower will not generate traffic and noise which is usually associated with uses permitted by B-2 zoning. Through the Conditional Use Planned Development process, the Commission and Board can impose conditions that further ensure appropriate land use com- patibility with existing area commercial uses. The recommended con- ditions are designed to ensure that the facility will not adversely affect the surrounding 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 550 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 and equipment should be designed so as not to inter- fere 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 have any adverse impact upon adjacent commercial development to the north, east and south. 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 ~ (; SN0062/BSJUL8/AUG24G 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 centered around whether or not the tower would present a safety problem for area business establishments and more particularly a day care center. On motion of Mr. Kelly, seconded by Mr. Warren, the Commission recommend- ed denial of this request. AYES: Unanimous. Board of Supervisors Meeting (7/27/88): There was opposition present. On motion of Mr. Sullivan, seconded by Mr. Daniel, the Board deferred this case for thirty (30) days to allow the applicants time to meet with staff and concerned citizens and to explore alternative sites. Staff and Applicants (8/5/88): A meeting was held to discuss potential alternative sites. The applicants indicated that they would explore the availability of the suggested alternative sites. The Board of Supervisors on Wednesday, August 24, 1988, beginning at 2:00 p.m., will take under consideration this request. 5 88SN0062/BSJUL8/AUG24G ~- Z~ !/ / ~ / /_.~~~~ R-7 ~~~~~ c •~~s~~~' ~~~ ROCKCREEK PARK ~~ ~ ~~ • ~~ ~~~ ~ ~ a R-TH '•. ~ ~ .. _~ - o y OOD c 30~-~ ~~ Z V ~ ~ • ~ ~ ~ '1 ~~ o BUFFER .~ ~ • ~ r ~ ~ ~ ~ v ~ ~ •~ ~ 1 - ~ r ~ ` • M ~ p m cD c ~ z c ~. 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