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08SN0231~~~F~Eip~'`~ i! ~ r~~ 11 ~ rY~ ry ~; I .,'r~l 17 J ~ ~~R~s1~~?'- STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 08SN0231 J~~ZnnQ rnr July 30, 2008 BS Cellco Partnership d/b/a Verizon Wireless Dale Magisterial District Southwest quadrant of the interchange of Chippenham Parkway and Belmont Road RE VEST: Conditional Use to permit a communications tower in a Residential (R-7) District. PROPOSED LAND USE: A 155 foot communications tower is planned. (Condition) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2 AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. STAFF RECOMMENDATION Recommend denial for the following reasons: A. The proposal fails to conform to the Public Facilities Plan which suggests that communications towers should generally be located away from high visibility areas such as maj or traffic corridors and residential areas. B. The proposal fails to ensure that mature trees will be preserved, as suggested by the Tower Siting Policy, to lessen the visibility of the towers where such structures are proposed in highly visible areas. Providing a FIRST CHOICE community through excellence in public service (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY 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.) rnNnTTTnN (CPC) The maximum height of the tower shall be 155 feet. (P) PROFFERED CONDITIONS The owner and applicant in this rezoning request, pursuant to § 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, Virginia (the "County") for itself and its successors and assigns, hereby proffer that the development of the unimproved real property (the "Property") under consideration in this rezoning request shall be developed in accordance with the following conditions if, and only if, the request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. (CPC) 1. There shall be no signs permitted to identify the use, other than as maybe required by the FCC. (P) (CPC) 2. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. Existing mature tree growth shall be preserved to the extent possible 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 conjunction with final site plan review. (P) (CPC) 3. The tower shall be a monopole structure. (P) (CPC) 4. The tower shall be colored gray or another neutral color, acceptable to the Planning Department. (P) (CPC) 5. The tower shall not be lighted. (P) (CPC) 6. 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) (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 of the tower shall dismantle and remove the tower and all associated equipment from the Property. (P) 2 08SN0231 JUL30-BOS-RPT GENERAL INFORMATION Location: Within the southwest quadrant of the interchange of Chippenham Parkway and Belmont Road. Tax Map 772-686. (VDOT RIGHT OF WAY) Existing Zoning: R-7 Size: 1.9 acres Existing Land Use: Vacant/Wooded Adjacent Zoning and Land Use: North - A & R-7; Single family and multi-family residential or vacant South & West - R-7; Single family residential or vacant East - R-15; Single family residential or vacant UTILITIES; PUBLIC FACILITIES; TRANSPORTATION; ENVIRONMENTAL ENGINEERING AND COUNTY AIRPORT 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. T,ANn TIFF, Comprehensive Plan: The Public Facilities Plan suggests that communications towers should generally be located away high visbility areas such as major traffic corridors, rivers, parks and areas of existing or planned residential development. 3 08SN0231 JUL30-BOS-RPT Area Development Trends: Surrounding properties are zoned for, and occupied by, single family and multi-family residential use or is vacant. It is anticipated that residential use will continue in the area at densities suggested by the Plan. Development Standards: Conditions have been offered which are typical to conditions imposed or accepted for other tower structures in the County, except that there is no guarantee with this case that mature vegetation surrounding the tower will be preserved. Typically, in highly visible areas or for locations in the vicinity of residential use, a one hundred (100) foot buffer is maintained around the tower and related structures. In this instance, Proffered Condition 2, addresses preservation of mature vegetation to screen the base of the tower, but does not address tree preservation that is more substantial so as to minimize the visual impact of the tower itself. The conditions offered with this case would prohibit lighting and signage, unless signage is expressly required by the Federal Aviation Administration (FAA), and would require security fencing, the tower to be a monopole structure, screening of the base of the tower and ground mounted equipment and removal of the tower after it ceases to be used (Proffered Conditions 1, 2, 3, 5 and 7). In addition, proffered conditions establish that the tower will be gray or another neutral color and require screening of any building or mechanical equipment and a specific architectural treatment for building exteriors. (Proffered Conditions 4 and 7) CONCLUSIONS The proposal fails to conform to the Public Facilities Plan which suggests that communications towers should be located away from areas of existing or planned residential development and other highly visible areas such as major traffic corridors. The proposed tower will be visible from Chippenham Parkway and Belmont Road. Further, the site is located in an area designated for residential development. The Siting Policy suggests that when towers are to be located in such areas, they should be architecturally incorporated in the design of a structure on process design features that mask the utilitarian nature of the tower. while conditions have been offered which are similar to those that have been approved for other tower structures, the proposal fails to ensure that mature trees on the proposed site will be preserved as suggested by the Tower Siting Policy to lessen the visibility of the towers where such structures are proposed in highly visible areas. Given these considerations, denial of this request is recommended. 4 08SN0231 JUL30-BOS-RPT CASE HISTORY Planning Commission Meeting (6/17/08): The applicant did not accept staff s recommendation but did accept the Planning Commission's recommendation. There was no opposition present. In response to a question from Dr. Brown, the applicant agreed to a condition which would limit the height of the tower. On motion of Dr. Brown, seconded by Mr. Waller, the Commission recommended approval of the case subject to the condition on page 2 and acceptance of the proffered conditions on page 2. AYES: Messrs. Gulley, Bass, Brown, Hassen and Waller. The Board of Supervisors, on Wednesday, July 30, 2008, beginning at 6:30 p.m., will take under consideration this request. 5 08SN0231 JUL30-BOS-RPT (6 ~ L U (~ ~ ~ (6 +r cn }' '~ ~ Z J N ~ o ,, E ,, 0 ,, V ~ 0 o ~~ ~ , J 1 I Q ~~ W z a--~ M ° N ~ O ~ Z V ° 0 ~ °~ 00 :: ~ O ~~ ~' li 08SN023~ -1