STAFF S REQUEST ANALYSIS AND RECOMMENDATION 11SN0111. New Cingular Wireless PCS, LLC (AT&T)

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1 ASE MANAGER: Robert lay October 19, 2010 P November 17, 2010 BS STAFF S REQUEST ANALYSIS AND REOMMENDATION 11SN0111 New ingular Wireless PS, LL (AT&T) Bermuda Magisterial District East line of Drewrys Bluff Road REQUEST: onditional 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 OMMISSION REOMMENDATION REOMMEND APPROVAL SUBJET TO THE ONDITIONS ON PAGES 2 AND 3. AYES: MESSRS. BROWN, HASSEN, BASS AND WALLER. ABSENT: MR. GULLEY. Recommend approval for the following reasons: STAFF REOMMENDATION 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 HOIE community through excellence in public service

2 (NOTES: A. ONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER ONDITIONS. ONDITIONS NOTED STAFF/P WERE AGREED UPON BY BOTH STAFF AND THE OMMISSION. ONDITIONS B. UNDER THE FEDERAL TELEOMMUNIATIONS AT, LOALITIES ANNOT REGULATE ELL TOWERS ON THE BASIS OF POSSIBLE HEALTH OR ENVIRONMENTAL EFFETS OF RADIO FREQUENY EMISSIONS.) (STAFF/P) 1. There shall be no signs permitted to identify this use. (P) (STAFF/P) 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 conjunction 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/P) 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/P) 4. Any building or mechanical equipment shall comply with Sections and (b) and (c) of the Zoning Ordinance relative to architectural treatment of building exteriors and screen of mechanical equipment. (P) (NOTE: Section (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.) 2 11SN0111-NOV17-BOS-RPT

3 (STAFF/P) 5. The tower shall not exceed a height of 124 feet. (P) (STAFF/P) 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/P) 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 B 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 B Architects Engineers (Exhibit B ). (P and T) (STAFF/P) 8. The access road to the tower shall be gated. (P and T) Location: GENERAL INFORMATION The subject property fronts the east line of Drewys Bluff Road, south of Swineford Road. Tax IDs and Part of Existing Zoning: Size: R-7 and R acres Existing Land Use: Public/Semi-public; park Adjacent Zoning and Land Use: North and East - R-9; Public/semi-public (Bensley Park) South and West - R-7 and A; Federal Government (Defense Supply enter Richmond) or vacant 3 11SN0111-NOV17-BOS-RPT

4 UTILITIES 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. PUBLI FAILITIES; AND OUNTY TRANSPORTATION This request will have no impact on these facilities. Fire Department: The Bensley Fire Station, ompany 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. OUNTY OMMUNIATIONS The Zoning Ordinance requires that any structure over eighty (80) feet in height be reviewed by the ounty s Public Safety Review Team for potential detrimental impacts the structure could have on the ounty s Radio ommunications System microwave paths. This determination must be made prior to construction of the communications tower. OUNTY 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 ounty Airport. omprehensive Plan: LAND USE The request property lies within the boundaries of the Jefferson Davis Highway orridor Plan which suggests the property is appropriate for residential use of units/acre. 4 11SN0111-NOV17-BOS-RPT

5 The Public Facilities Plan, an element of the omprehensive 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 enter 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: urrently the request property lies within the Jefferson Davis Highway orridor 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 orridor District standards of the Zoning O5rdinance. 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. (onditions 1, 3 and 4) The height of the tower would not exceed 124 feet (ondition 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. (ondition 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. (ondition 6) ONLUSIONS 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. 5 11SN0111-NOV17-BOS-RPT

6 ASE HISTORY Applicant (10/1/10): The applicant submitted a revised plan showing the proposed access in a different location, subject to VDOT s approval. Planning ommission 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 the entrance. On motion of Mr. Hassen, seconded by Mr. Bass, the ommission recommended approval subject 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. 6 11SN0111-NOV17-BOS-RPT

7 GLEN ONNER RD RT H SWI RD ST R-7 RD D R O N EF ST O NT W SHERBOURNE HEIGHTS MADELINE GROVE O OD WE RE STW R W MO ATH STR FF SWINEFORD ROAD SUB MH-1 ST RT H RY U E JEFF DR EW S BL OL D I-1 M A M A -3 M D UFF R -5 L B YS EW R M DR R / Feet -3 RD -5 PATTERSON PARK GWYNN AV -3-5 Z R-7 11SN0111.U. V D UFF R L B S RY DREW R-7 N RD TATIO P LA N D.S..R. M MER OD MERRIEWO WY V IS H N DA R-9 V R SO BENSLEY PARK A -3-5 R-7 BELLWOOD MAISONETTES APTS T WO W EN A MH-1-3 Z Z R-MF -3 S -3 Z Aerial photos taken in 2007 S E

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9 Exhibit A 11SN0111-2

10 Exhibit B 11SN0111-3