06SN0322
e
SeptemBer 19,2006 CPC
Oetober 17, 2006 CPC
Deeember 14,2006 CPC
January 24, 2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
06SN0322
(AMENDED)
New Cingular Wireless PCS, LLC
Matoaca Magisterial District
West line of Ivey Mill Road
REQUEST: (Amended) A Conditional Use to permit a comnllmications tower on up to five (5)
acres of a 1 09-acre parcel in a Residential (R-88) District.
PROPOSED LAND USE:
A 199-foot communications tower with accessory equipment is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROY AL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3.
A YES: MESSRS. WILSON, GECKER AND BASS
ABSTENTIONS: MESSRS. GULLEY AND LITTON
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposal conforms to the Public Facilities Plan which suggests that
communications tower locations should generally be located to minimize the
impact on existing or future areas of development.
B. The proposal conforms to the Tower Siting Policy which suggests if a tower is to
be located in the vicinity of existing or planned areas of development the tower
ProvIding a FIRST CHOICE community through excellence in public service
should be located as remotely as possible from such areas and on property which
is densely wooded with mature vegetation.
(NOTE: CONDITIONS MAYBE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "S1 AFF/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/CPC)
(ST AFFICPC)
(ST AFF/CPC)
(ST AFF/CPC)
(ST AFF/CPC)
1.
The telecommunications tower and access road to the
telecommtmication tower site shall be located generally as depicted
on the plan entitled Lake Chesdin Park, Sheet Number C1, last
revised 9-20.06 and prepared by BC Architects Engineers. (P)
2.
There shall be no signs permitted to identify this use. (P)
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 accommodate evergreen plantings having an initial
height and spacing to provide screening of the base of the tower
and accessory ground-mounted equipment or structures from
adjacent properties. A minimum 100-foot buffer of mature trees
shall be preserved outside of and adjacent to the compound, on the
north side of the compound. A detailed plan depicting these
req uirements shall be submitted to the Planning Department for
approval in conjunction with final site plan review. Except as
otherwise provided herein, no trees within the buffer may be
removed unless such trees are dead, diseased or dying. (P)
4.
The color 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 (P)
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)
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06SN 0322-J AN 24- BOS
(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 or tower-mounted equipment.)
(STAFF/CPC)
6.
The tower shall not exceed a height of 199 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:
West line ofIvey Mill Road, north of Lake Chesdin Parkway. Tax ID 734-630-1881 (Sheet
39).
Existing Zoning:
R-88
Size:
109.7 acres
Existing Land Use:
Public/semi-public (Lake Chesdin Park)
Adiacent Zoning and Land Use:
North, South and West - R-88~ Public/semi-public (Lake Chesdin Park)
East - A; Single-family residential or vacant
UTILITIES
The proposed use will not necessitate a manned facility; therefore, the use of the public water and
wastewater system is not required.
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06SN 0322-J AN 24- BOS
ENYIRONMENT AL
Drainage and Erosion:
The property drains to the south to Lake Chesdin. There are no existing or anticipated on-
or off-site drainage or erosion problems. If the disturbed acreage exceeds 2,500 square feet,
a land disturbance permit must be obtained from the Department of Environmental
Engineering.
PUBLIC FACILITIES
Fire Service:
The Winterpock Fire Station, Company Nwnber 19 and the Phillips Volunteer Fire Station
currently provide fire protection and emergency medical service (EMS). This request will
have a minimal impact on fire and EMS.
Transportation:
This request will have no impact on these facilities.
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, it appears there will be no adverse affect on the County Airport.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for residential use of 1-5 acre lots; suited to R-88 zoning.
Area Development Trends:
Adjacent properties to the north, south and west are zoned Residential (R-88) and are
occupied by Lake Chesdin Park. Adjacent property to the east is zoned Agricultural (A)
and is occupied by single-family residential uses or remains vacant. It is anticipated that
residential uses will continue in the area, as suggested by the Plan.
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06SN 0322-J AN 24- BOS
Use:
This proposal is for a freestanding tower.
Development Standards:
Condition 1 requires the tower to be located as generally depicted on the attached plan.
(Attachment)
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 property is zoned Residential (R-88), development is not required
to meet the development standards for Emerging Growth Areas. A condition should be
imposed to require compliance with Emerging Growth Area requirements relative to the
architectural treatment of the proposed equipment building. (Condition 5)
The Conditional Use process provides a means of addressing ways to minimize the
possibility of any adverse impact of a tower on existing and planned areas of
development. The Tower Siting Policy suggests, where towers are to be located in the
vicinity of existing or planned areas of development, the tower should be located as
remotely as possible from these areas and on property which is densely wooded with
mature vegetation. The Policy also suggests measures should be taken to insure the
preservation 0 f a mature stand of trees arOlmd the tower. (Cond i ti on 3)
The proposed communications tower will be located in Lake Chesdin Park, in a heavily
wooded area. The closest single family residential lot line is approximately 700 feet
away. Existing vegetation, as well as topographical differences in the area, will mitigate
the visual impact of the tower from area residential development. Additionally,
consideration has been given to future park improvements with respect to location of the
tower.
The height of the tower is not to exceed 199 feet (Condition 6). Access to the tower site
will be via an access road to Ivey Mill Road. Consistent with past actions on similar
facilities, should this request be approved, the base of the tower should be secured with a
fence to discourage trespassing (Condition 3). Due to the proximity area development,
the communications tower should be gray or another neutral color so as to minimize the
visual impact such development. (Condition 4)
Consistent with past actions on similar facilities and to ensure that the tower does not
become a maintenance problem or an eyesore, the tower should be removed at such time
that it ceases to be used for communications purposes. (Condition 7)
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06SN 0322-J AN 24- BOS
CONCLUSION
The proposal conforms to the Public Facilities Plan, which suggests that communications towers
should be located to minimize the impact on existing or future areas of development. In
addition, the proposal conforms to the Tower Siting Policy which suggests, where towers are to
be located in the vicinity of existing or planned areas of development, the tower should be
located as remotely as possible from such areas and on property which is densely wooded with
mature vegetation. The Policy also suggests measures should be taken to insure the preservation
of a mature stand of trees around the tower.
The proposed communications tower will be located in Lake Chesdin Park. Mature vegetation is
located within the area immediately surrounding the proposed tower site. This vegetation, as
well as topographical differences in the area and anticipated park improvements, will mitigate
the visual impact of the tower from future area residential development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (9/I 9/06):
At the request of the applicant, the Commission deferred this case to October 17,2006.
Staff (9/21/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 25, 2006, for consideration at the
Commission's October 17,2006, public hearing. Also, the applicant was advised that a
$230.00 deferral fee must be paid prior to the Commission's public hearing.
Staff (9/21/06):
The application was amended.
Applicant (10/9106):
The applicant has paid the $230.00 deferral fee.
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06SN0322-]AN24- BOS
Planning Commission Meeting (10/17/06):
At the request of the applicant, the Commission deferred this case to December 14,2006,
to allow the applicant time to meet with concerned area citizens.
Staff (l0/18106):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than October 23, 2006, for consideration at the
Commission's December 14, 2006, public hearing. Also, the applicant was advised that a
$130.00 deferral fee must be paid prior to the Commission's public hearing.
Staff(l1l16106):
To date, no new information has been submitted.
Applicant (12/11106):
The deferral fee was paid.
Planning Commission Meeting (12/14106):
The applicant accepted the recommendation. There was opposition present expressing
concerns relative to the visibility of tower, the potential adverse impact on property
values and the lack of buffer requirements. There was also a disagreement as to whether
the proposal complies with the Plan and Siting Policy.
Mr. Bass indicated that the proposal does conform to the Plan and Policy~ that the
location minimizes the impact on existing area residents~ that many who signed a petition
in opposition do not reside in the area~ and that the tower would enhance cellular
coverage in the area.
Mr. Gulley expressed concerns that future park development may remove the high story
tree canopy that exists between Chesdin Shores Subdivision and the tower site.
On motion of Mr. Bass, seconded by Me Gecker, the Commission recommended
approval subject to the conditions on pages 2 and 3.
A YES: Messrs. Wilson, Gecker and Bass
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06SN 0322-J AN 24- BOS
ABSTENTIONS: Messrs. Gulley and Litton
The Board of Supervisors, on Wednesday, January 24, 2007, beginning at 6:30 p.m. will take
under consideration this request.
8
06SN o 322-JAN 24- BOS
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