11SN0111CASE MANAGER: Robert Clay
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11SN0111
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November 17, 2010 B S
New Cingular Wireless PCS, LLC (AT&T)
Bermuda Magisterial District
East line of Drewrys Bluff Road
RE VEST: Conditional use approval to permit a communications tower in Residential (R-7)
and (R-9) Districts.
PROPOSED LAND USE:
A 124-foot communications tower, employing a monopole design with external
flush mounted antennas, and associated improvements are planned. Since the
tower would not meet the restrictions for towers in residential districts,
conditional use approval is required.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3.
AYES: MESSRS. BROwN, HASSEN, BASS AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposal conforms to the Public Facilities Plan which suggests locating
facilities so as to minimize the impact on existing or future areas of development
and that, locations with existing mature vegetation or topographical features
which provide screening are preferred.
B. The proposal conforms to the Tower Siting Policy which suggests that towers in
the vicinity of existing or planned areas of development should possess design
features that mask the utilitarian nature of the tower.
Providing a FIRST CHOICE community through excellence in public service
(NOTES: A. CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER
MAY PROFFER CONDITIONS. CONDITIONS NOTED "STAFF/CPC"
WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.
B. UNDER THE FEDERAL TELECOMMUNICATIONS ACT,
LOCALITIES CANNOT REGULATE CELL TOWERS ON THE BASIS
OF POSSIBLE HEALTH OR ENVIRONMENTAL EFFECTS OF
RADIO FREQUENCY EMISSIONS.)
CONDITIONS
(STAFF/CPC) 1. There shall be no signs permitted to identify this use. (P)
(STAFF/CPC) 2. The base of the tower shall be enclosed by a minimum six (6) foot
high fence, designed to preclude trespassing. The fence shall be
placed so as to provide sufficient room between the fence and the
property line to maintain a tree preservation area of at least 100
feet in each direction, such buffer to be comprised of existing trees
at the site and to provide screening of the base of the tower and
accessory ground equipment from adjacent properties. A detailed
plan depicting this requirement shall be submitted to the Planning
Department for approval in conj unction with final site plan review.
So long as such area is required, no trees within the area shall be
removed unless such trees are dead, diseased, or dying. (P)
(STAFF/CPC) 3. The color, design 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 (with external
flush mounted antennas or, internally mounted antennas.)
~P)
(STAFF/CPC) 4. Any 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 screen of
mechanical equipment. (P)
(NOTE: Section 19-570 (b) and (c) would require the screening of
mechanical equipment located on the building or ground from
adjacent properties and public rights-of way. Screening would not
be required for the tower ortower-mounted equipment.)
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(STAFF/CPC) 5. The tower shall not exceed a height of 124 feet. (P)
(STAFF/CPC) 6. At such time that the tower ceases to be used for communications
purposes for a period exceeding twelve (12) consecutive months,
the owner/developer of the communications tower shall dismantle
and remove the tower and all associated equipment from the
property. (P)
(STAFF/CPC) 7. Provided that VDOT grants an entrance permit, access to the tower
shall be located off of Drewrys Bluff Road as shown on the site
plan titled "Site Number: RI730, Site Name: Defense Supply,"
dated September 29, 2010 by BC Architects Engineers (Exhibit
"A"). If VDOT does not approve the entrance permit as described
in the previous sentence, access to the tower shall be as shown on
the site plan titled "Site Number: RI730, Site Name: Defense
Supply," dated July 8, 2010 by BC Architects Engineers (Exhibit
"B"). (P and T)
(STAFF/CPC) 8. The access road to the tower shall be gated. (P and T)
GENERAL INFORMATION
Location:
The subject property fronts the east line of Drewys Bluff Road, south of Swineford Road.
Tax IDs 788-680-9280 and 789-681-Part of 1718.
Existing Zoning:
R-7 and R-9
Size:
2.6 acres
Existing Land Use:
Public/Semi-public; park
Adjacent Zoning and Land Use:
North and East - R-9; Public/semi-public (Hensley Park)
South and West - R-7 and A; Federal Government (Defense Supply Center Richmond) or
vacant
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while the proposed tower will not require use of the public utilities, the applicant is cautioned
that the tower must not be placed so as to conflict with the existing public utility lines, or their
easements, on this site.
ENVIRONMENTAL
If the construction of any access road and the site itself disturbs more than 2500 square feet, a
land disturbance permit must be obtained from the Department of Environmental Engineering.
PUBLIC FACILITIES; AND COUNTY TRANSPORTATION
This request will have no impact on these facilities.
Fire Department:
The Bensley Fire Station, Company Number 3, currently provides fire protection and
emergency medical service. This request will have a minimal impact on Fire and EMS.
VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT)
The Virginia Department of Transportation understands the site will be accessed infrequently by
way of an existing entrance, and has no additional comment. Should direct access to the site be
sought, a suitable commercial access, with appropriate sight distances, would need to be
provided in consultation with VDOT.
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, there will be no adverse affect on the County Airport.
T,ANT~ TIFF,
Comprehensive Plan:
The request property lies within the boundaries of the Jefferson Davis Highway Corridor
Plan which suggests the property is appropriate for residential use of 2.51-4 units/acre.
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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. Also, the Tower Siting Policy suggests that
towers in the vicinity of existing or planned areas of development should be
architecturally incorporated in the design of an existing structure, or possess design
features that mask the utilitarian nature of the tower.
Area Development Trends:
The area around the request site is characterized by the existing Bensley Park facilities to
the north and east and the Defense Supply Center Richmond to the west. Property to the
south has received tentative subdivision approval for the Winchester Forest subdivision.
The proposed tower would be located approximately 200 feet north of the buildable areas
of the closest proposed lot (Lot 1) of Winchester Forest.
Development Standards:
Currently the request property lies within the Jefferson Davis Highway Corridor District.
The purpose of district standards is to recognize specified areas of the county as unique and
to enhance patterns of development. Development of this site must conform to the Highway
Corridor District standards of the Zoning OSrdinance. These standards, along with
recommended conditions, address access, parking, landscaping, architectural treatment,
setbacks, signs, buffers, pedestrian access, utilities and screening of dumpsters and loading
areas. (Conditions 1, 3 and 4)
The height of the tower would not exceed 124 feet (Condition 5). Access to the tower
site would be via the existing Bensley Park driveway access to Drewrys Bluff Road.
However, direct access to Drewrys Bluff Road could be provided. Should this request be
approved, the base of the tower would be secured with a fence to discourage trespassing.
(Condition 2)
To ensure that the tower does not become a maintenance problem or visual nuisance, the
tower should be removed at such time that it ceases to be used for communications
purposes. (Condition 6)
CONCLUSIONS
The proposal conforms to the Public Facilities Plan which suggests locating facilities so as to
minimize the impact on existing or future areas of development and that locations with existing
mature vegetation or topographical features which provide screening are preferred. The proposal
also conforms to the Tower Siting Policy which suggests that towers in the vicinity of existing or
planned areas of development should possess design features that mask the utilitarian nature of
the tower. The proposed tower height and existing mature vegetation of the project site would
mask the utilitarian nature of the tower and buffer adjacent future residential uses.
Given these considerations, approval is recommended.
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CASE HISTORY
Applicant (10/1/10):
The applicant submitted a revised plan showing the proposed access in a different location,
subj ect to VDOT's approval.
Planning Commission Meeting (10/19/10):
The applicant accepted the recommendation. There was support present noting that the
tower would not be a detriment to the community and appreciation to the applicant for
moving t e entrance.
On motion of Mr. Hassen, seconded by Mr. Bass, the Commission recommended
approval subj ect to the conditions on pages 2 and 3 .
AYES: Messrs. Brown, Hassen, Bass and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, November 17, 2010 beginning at 6:30 p.m., will take
under consideration this request.
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