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06SN0147-Jan25.pdf De",e.mbel 15,2005 CPC January 25, 2006 BS STAFF'S REQUEST ANAL YSIS AND RECOMMENDATION 06SN0147 Token Tower, L.L.C. Bermuda Magisterial District Off the eastern terminus of Station Road RFQUFST: Amendment to Conditional Use Planned Development (Case 02SN0166) to increase the permitted height of a communications tower from 400 feet to 630 feet. PROPOSFD T ,AND TJSE: A 630 foot communications tower communications tower is planned. PT ,ANNTNG rOMMTSSTON RFrOMMFNDA TTON RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGE 2. ST A FF RFrOMMFNDA TTON Conditional Use Planned Development (Case 02SN0166) was approved by the Board of Supervisors, upon a favorable recommendation by the Planning Commission, in 2002 to permit a 400 foot communications tower. After consideration of public input, should the Commission and Board wish to approve this amendment to increase the height of the tower to 630 feet, acceptance of the Proffered Condition would be appropriate. (NOTE: CONDITIONS MA Y BE IMPOSED OR THE PROPERTY OWNER MA Y 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 CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) Providing a FIRST CHOICE community through excellence in public service PR OFFERED rONDTTTON The property owner (the "Owner") in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax Identification Number 792-685-5662 (the "Property") under consideration will be developed according to the following conditions if, and only if, the request for CUPD amendment is granted. In the event the request is denied or approved with conditions not agreed to by the Owner, the proffers and conditions shall immediately be null and void and have no further force or effect. (STAFF /CPC) With the approval of this CUPD, one tower may be constructed on the Property, which tower shall not exceed a height of 630 feet above ground level. (P) (Staff Note: This condition supersedes Condition 1 of Case 02SN0166. All other conditions of Case 02SN0166 remain in effect.) GENERAL TNFORMATTON T ,oc::üi on: Eastern terminus of Station Road. Tax ID 792-685-5662 (Sheet 12). Existine Zonine: Agricultural (A) with Conditional Use to permit non-metallic mineral and wood products manufacturing; and with Conditional Use Planned Development, as amended, to permit a 400 foot telecommunications tower. Size: 12.5 acres Fxistine T ,Hnd T Tse: Vacant (Closed construction/demolition/debris landfill) 2 06SN0147 -JAN2S- BOS Adjacent Zonine Hnd T ,Hnd T Tse: North South East - 1-2; Industrial (Falling Creek Wastewater Treatment Facility) - A; Public/semi-public (Falling Creek Ironworks Park - A with Conditional Use Planned Development and 1-2; A 540 foot telecommunications tower and industrial (Falling Creek Wastewater Treatment Plant) 1-2; Industrial West - TTTTTJTTES; ENVIRONMENTAT,; PTJRTJr FArTTJTTES This amendment will not have an impact on these facilities. ronnty rommnnicHtions: 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. A preliminary review of this proposal has indicated that the facility will not interfere with the County's communications system. The Zoning Ordinance also requires that once the tower is in operation, if interference occurs, the owner/developer will be required to correct any problems. r01mty Airport: A preliminary review of this tower proposal has indicated that, given the approximate location and elevation of the proposed installation, it appears the tower will not adversely affect the Chesterfield County Airport. T,AND TTSE romprehensive P1Hn: Lies within the boundaries of the Tefferson DHvis Corridor PIHn, which designates the property for general industrial use. The £Ian strongly encourages the revitalization of the properties within the Corridor to include improving the physical appearance of the corridor. The Elan also designates the intersection of Jefferson Davis Highway and Chippenham Parkway as a critical "Gateway" location. The "Gateway" plays an important role in conveying first impressions to visitors from Chippenham Parkway and Interstate 95. The Pnhlic Facilities PIHn, an element of the Comprehensive Plan, suggests that communications uses should be located in areas so as to minimize impacts on existing and future areas of development and minimize locations adjacent to planned or existing residential development. 3 06SN0147-JAN2S-BOS "'....,_._,.~.,.~_._..,.,....__..._~,.,..,~,..__.,---_.-"-~. AreH Development Trends: The property to the north of the request property is zoned General Industrial and occupied by a public wastewater treatment facility. Property to the east is zoned A with Conditional Use Planned Development to permit a 540 foot telecommunications tower. Property to the west is zoned 1-2 and is occupied by industrial uses and the CSX Railroad. Property to the south is zoned A and is the site of the County's Falling Creek Ironworks Park developed along the banks of Falling Creek. This portion of Falling Creek has historic significance. Property to the southwest, along the south bank of Falling Creek, has historic landmark designation. (Falling Creek Ironworks, Case 87HPOOl) Zonine History: Currently, a 400 foot communications tower is permitted on the request property. This tower has not been constructed. Should this request be approved, the height of this permitted tower could be increased to 630 feet. A 540 foot communications tower exists on adjacent property to the east. Several zoning cases and amendments to these cases have been approved on the request property relative to these towers. On April 26, 1995, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved a Conditional Use Planned Development (95SN0239) to permit a 540 foot communications tower on a property which, at the time, included the request site. This property was subsequently subdivided which excluded the request property. Amendments to this Conditional Use Planned Development were approved by the Board of Supervisors on March 27, 1996, relative to tower lighting and power line easements (Case 96SNOI85). These amendments allowed higher intensity lighting rather than that typically allowed on other tall structural in the County. On July 24, 2002, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved a Conditional Use Planned Development (02SNOI66) to permit a 400 foot communications tower on the request site. Conditions of approval included a note indicating that the applicant intended to seek an amendment to Conditional Use Planned Developments 95SN0239 and 96SN0185 to remove the right for a tower on the adjacent property and to concurrently seek approval for a second tower on the subject property. On August 27,2003, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved an amendment to Conditional Use Planned Development (Case 02SN0166) to permit a second tower on the property at a height of 540 feet (Case 03SN0283). With the approval, all other conditions of Case 02SN0166 remained in effect. On May 26, 2004, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, revoked Conditional Use Planned Development Case 03SN0283. 4 06SN0147-JAN2S-BOS Ü Irrent ProposH 1: With the approval of this request, the height of the proposed communications tower would be increased from 400 feet to 630 feet. (Proffered Condition) Site Desien Hnd Development StHndHrds: As previously noted, if this request is approved, a 630 foot communications tower would be permitted on the property. The location of the tower would be subject to the conditions of Case 02SN0166 which address: the tower's treatment, color and lighting system, permitted minimum floor elevations for accessory buildings, signs, interference with County communications systems, additional fill material, fencing, and removal of the tower should it cease to be used for communication purposes. rONrT.T TSTONS Conditional Use Planned Development (Case 02SN0166) was approved by the Board of Supervisors, upon a favorable recommendation by the Planning Commission, in 2002 to permit a 400 foot communications tower. After consideration of public input, should the Commission and Board wish to approve this amendment to increase the height ofthe tower to 630 feet, acceptance of the Proffered Condition would be appropriate. CASE HISTORY Planning Commission Meeting (12/15/05): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Wilson, seconded by Mr. Litton, the Commission recommended approval and acceptance of the Proffered Condition on page 2. AYES: Unanimous. The Board of Supervisors, on Wednesday, January 25,2006, beginning at 7:00 p.m., will take under consideration this request. 5 06SN0147-]AN2S-BOS _._-,,-,---- ·='--"-.~"--' ----~ $6~ 1\1 -.. --. "- .......-. ~--------.._---....._.- ~ / -_.~ ~- V ~~~~~~$6\1 ~~'1\1 ~ ~ ~ ~ ,.~~ , ~ ...:;, ----- '- ~... ----- , ---- ...... ---- , --='-~-~~ - . , , , , C"') ....!... C"') I ""'- .---------------.-- C\I I ""'- C\I I ""'- ----- Î + .... Q) Q) u. 0 0 (C c n: . ::) cj 0 ....c 'llltZ ....w ~~ 0 cøEill 0 ~ 0:::::::::::::: (C ---.--.-..---