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11SN0235CASE MANAGER: Robert Clay ,+f. ~ `. .~,' ,. , . ~~~*-.r BS Time Remaining: 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 11 SN023 5 August 24, 2011 BS Pegasus Tower Development Company, LLC Matoaca Magisterial District Northwest line of Woolridge Road RE VEST: Conditional use approval to permit a communications tower in a Residential (R- 25)District. PROPOSED LAND USE: A 154-foot communications tower and associated improvements are planned. Since the tower would not meet the restrictions for towers in a Residential (R-25) District, conditional use approval is required. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL 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 sites with existing mature vegetation or topographical features which provide screening are preferred due to their natural ability to mitigate visual and noise impacts. B. The proposal conforms to the Tower Siting Policy which suggests if towers are to be located in the vicinity of existing or planned areas of development the tower should be located on property that is densely wooded with mature vegetation. (NOTES: A. CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS. CONDITIONS NOTED WITH Providing a FIRST CHOICE community through excellence in public service "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.) PROFFERED CONDITIONS (STAFF/CPC) 1. There shall be no signs permitted to identify this use. (P) (STAFF/CPC) 2. The tower will be located on the property as set forth on the tower location plan prepared by BC architects engineers drawn 3/28/11. (P) (STAFF/CPC) 3. 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 50 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. The buffer may be inclusive of setbacks. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. No trees within the tree preservation area shall be removed unless such trees are dead, diseased, or dying, or must be removed in order to locate utilities or the access road. (P) (STAFF/CPC) 4. 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 an external flush mount design. (P) (STAFF/CPC) 5. 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 screening of mechanical equipment. (P) 2 11SN0235-AUG24-BOS-RPT (STAFF/CPC) 6. The tower shall not exceed a height of 154 feet. The monopole shall not exceed 150 feet, and any lightning rod affixed to it shall not exceed 4 feet. (P) (STAFF/CPC) 7. 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) GENERAL INFORMATION Location: The request property is located on the west line of Woolridge Road, north of Red Fern Court, and is better known as 5000 Woolridge Road. Tax ID 717-681-8129. Existing Zoning: R-25 Size: 4 acres Existin Land Use: Single-family residential Adjacent Zoning and Land Use: North and West - R-25; Vacant South - A; Single-family residential East - R-9; Single-family residential UTILITIES AND TRANSPORTATION This request will have no impact on these facilities. ENVIRONMENTAL Drainage and Erosion: The subject property drains to the north, via overland sheet flow, to Swift Creek Reservoir. There are currently no known on- or off site drainage or erosion problems and none are anticipated after development. 3 11SN0235-AUG24-BOS-RPT If the access road and the site disturb more than 2,500 square feet, a land disturbance permit must be obtained from the Department of Environmental Engineering. A Resource Protection Area Designation (RPAD) application was submitted to the Water Quality Section for renew and approval. Analysis of this application confirmed the presence of an RPA as depicted on plans submitted with the zoning application. Fire ~ervice~ The Swift Creek Fire Station, Company Number 16, currently provides fire protection and emergency medical service (EMS). This request will have a minimal impact on Fire and EMS. Virginia Department of Transportation (VDOT~: A VDOT approvable private entrance designed and constructed with appropriate sight distances shall be provided, with sufficient off street depth to contain service vehicles prior to any access gate that may be installed to the access driveway. 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 subject property is located within the boundaries of the Upper Swift Creek Plan Amendment which suggests the property is appropriate for residential use of 2.0 units/acre or less. 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. 4 11SN0235-AUG24-BOS-RPT Area Development Trends: The subject property is located in an area characterized by single-family residential uses on acreage parcels and single-family residential subdivision development in Red Fern Station. Adjacent property to the north and west is zoned, along with the subject property, to permit single-family residential uses. Single-family residential development is expected to continue in this area, as suggested by the Plan. Zonin H.~ istory: On February 22, 2006 the Board of Supervisors, upon a recommendation of approval from the Planning Commission, approved Residential (R-25) zoning on the request property and adjacent property to the north and west (Case 05SN0193). Such zoning allows for the development ofsingle-family residential uses. Staff would like to note, a little more than a year ago the Board of Supervisors denied a similar request on a site approximately 1400 feet south of this site (Case lOSN0174). That proposal was located on the Woolridge Elementary School property and had received a recommendation for approval from planning staff as it was felt to be incompliance with the Public Facilities Plan and Tower Sitin.~ PolicX; not in a residentially developed area and with design features to mask the utilitarian nature of the tower. Staff is recommending denial of the current request on this site because it does not comply with the Public Facilities Plan or Tower Sitin.~ PolicX; in an area experiencing residential development and no environmental features to assist in screening the structure. Development Standards: The request property lies within an Emerging Growth Area. The purpose of the Emerging Growth District standards is to promote high quality, well-designed projects. However, because the request property is zoned Residential (R-25), development is not required to meet the development standards for Emerging Growth Areas. The applicant has offered language requiring compliance with Emerging Growth Area requirements relative to the architectural treatment of the proposed equipment building and screening of mechanical equipment. (Proffered Condition 5) The proposed communications tower would be a monopole with external flush mounted antennas, intended to minimize its appearance (Proffered Condition 4). The height of the tower would not exceed 154 feet (Proffered Condition 6). Access to the tower site would be via a proposed driveway connection to Woolridge Road. Should this request be approved, the applicant has proffered that the base of the tower would be secured with a fence to discourage trespassing. (Proffered Condition 3) To ensure that the tower does not become a maintenance problem or an eyesore, the applicant has proffered that the tower would be removed at such time that it ceases to be used for communications purposes. (Condition 7) 5 11SN0235-AUG24-BOS-RPT Plans: The applicant has agreed that the proposed tower would be located as depicted on a plan submitted with the application (Proffered Condition 2). In addition to the tower site, the plans also indicate a wetlands area and Resource Protection Area (RPA) on the property, generally adjacent to the western boundary of the tower compound. The wetlands and RPA have been confirmed by the Water Quality section of the Department of Environmental Engineering. CONCLUSIONS The proposal conforms to the Public Facilities Plan which suggests sites with existing mature vegetation or topographical features which provide screening are preferred due to their natural ability to mitigate visual and noise impacts. In addition, the proposal conforms to the Tower Sitin.~ Policy which suggests if towers are to be located in the vicinity of existing or planned areas of development, the tower should be located on property that is densely wooded with mature vegetation. Given these considerations, approval of this request is recommended. CASE HISTORY Staff (7/14/11): On July 15, 2011, the Department of Environmental Engineering confirmed and approved the RPA application. This approval resulted in a recommendation of approval of this request from staff. Planning Commission Meeting (7/19/11): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Bass, seconded by Dr. Brown, the Commission recommended approval and acceptance of the proffered conditions on pages 2 and 3. AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller. The Board of Supervisors, on Wednesday, August 24, 2011 beginning at 6:30 p.m., will take under consideration this request. 6 11SN0235-AUG24-BOS-RPT ~ ~ / / ~ 1 1 1 1 Q l 1 1 U l _ / _ y / ~ O~~~D~l.~~~~ ~ / v O i ~ ~ ~ r a ~ ~ 2 Y 1 ` ~ l 1 l 1 W ~ (/~ W 1 C N U N i i I Q /, ~ ' V U N I 1 ~/ ~ ~ .~ - Q W ~ ~ W ,;:. ~ ~ ~:::::. , a y o ::::::::::::~ o ,~ .:. , , ~ ~, m ~ U , N ~ lr ` U ~ ~QG ~ ~~~o w Z cA Q O ^~ C4 ^ W k o M °o " N ~' U ~ " ~ O ~ Z V o ~ ::: v C y ~~ ~~ ° ~ ~.~' i ' 1 a ~'~ lllll ~ '~~~~~~ b ~ ~ ; r i l '"a ~ +aeeeea ^ t~ f ~11 `1 1 `: . y~~ ~ 4 6 /~ i°! % ~~~ ~s R h 7 ~~ ^ ~`7y ~~ ~ ~ .~ i . _. / "~ X EI , ~~ ~ ~~ ~~~ ~. ~~ ~~ ~~ ~~ ~~ ~~,. ~yl d~ ~ ~} ~i~ii . ~~ ~~ ~i-ii a s ~~ ~ ~~ '~l~ ~ ~ ~~ ~~ r !~f! ~ °l~ .~ ~~\ I 1 ,~'~ z 8 4 11 SN0235-1