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99sn0113.pdfDecember 16, 1998 BS REQUEST ANALYSIS AND RECOMMENDATION 99SN0113 Triton PCS, Inc. Midlothian Magisterial District Southeast quadrant of Lady Ashley and Kingscross Roads REQUEST: Conditional Use Planned Development to permit a communications tower and height exception in a Residential (R-15) District. PROPOSED LAND USE: A 145 foot communications tower and associated improvements are planned within a Virginia Power electrical transmission line easement. Specifically, the tower would be incorporated into the structure of an existing electrical transmission structure located on the property. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3. STAFF RECOMMENDATION Recommend approval for the following reasons: The Public Facilities plan suggests that communications towers should generally be located to minimize the impact on existing or planned areas of development, and that energy and communications facilities should co-locate whenever feasible. The tower would be incorporated into an existing, permitted Virginia Power electrical transmission structure. The addition of the communications facilities into the existing transmission structure would not generate a visual impact on area residences that is significantly greater than the visual impact of the existing Virginia Power electrical transmission structure and conforms to the co-location criteria of the Plan. Incorporating the cormnunications facilities into an existing Virginia Power electrical transmission structure will eliminate the need for an additional freestanding communications tower in the area, thereby minimizing tower proliferation. Similar communications tower/Virginia Power structure co-locations have occurred throughout the County, with no known adverse impacts on nearby development. The recommended conditions will further min/mize the possibility of any adverse impact on area development, the Chesterfield County Public Safety Trunked System or the County Airport. (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.) (STAFF/CPC) 1. There shall be no signs permitted to identify this use. (P) (STAFF/CPC) 2. In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, prior to release of a building permit; a copy of FAA approval shall be submitted to the Planning Department. (P) (STAFF/CPC) 3. The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower- mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) (STAFF/CPC) 4. The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) 2 99SN0113/WP/DEC16I (STAFF/CPC) 5. The color and lighting system for the tower shall be as follows: The tower shall be gray or another neutral color, acceptable to the Planning Department. b. The tower shall not be lighted. (P) (STAFF/CPC) All driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) (STAFF/CPC) Any building or mechanical equipment shall comply with Sections t9-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment, located on, or associated with, any building from adjacent properties and .public rights of way. Screening would not be required for the tower or tower-mounted equipment or for ground-mounted equipment cabinets.) (STAFF/CPC) 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) (STAFF/CPC) In conjunction with the approval of this request, a ninety-five (95) foot exception to the fifty (50) foot height limitation for communications towers in a Residential (R-15) District shall be granted. (P) GENERAL INFORMATION Location: Southeast quadrant of Lady Ashley and Kingscross Roads. Tm'{ ID 730-698-7455 and 9918 (Sheet 7). Existing Zoning: R-15 3 99SN0113/WP/DEC161 Size: 9.97 acres Existing Land Use: Virginia Power transmission line and community recreational facilities Adjacent Zoning & Land Uses: North - R-15; Single family residential South - Rq5; Virginia Power transmission line and single family residential East - R-15; Virginia Power transmission line and single family residential West - R-15; Virginia Power transmission line and single family residential UTILITIES The tower and associated equipment will not require the use of the public water and wastewater systems. ENVIRONMENTAL Drainage and Erosion: No existing or anticipated on- or off-site drainage or erosion problems with the improvements to accommodate the tower. A land disturbance permit is not required if less than 2,500 square feet of land area is disturbed by the construction of the tower and associated improvements. PUBLIC FACILITIES Fire Service and Transportation: This use will have a minimal 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 erection of the proposed communications tower. A preliminary review of this tower proposal has indicated that the facility will not interfere with the County's communication system; however, as a further precaution, if this request is approved, 4 99SN0113/WP/DEC16I a condition should be imposed to ensure that the tower is designed and constructed so as not to interfere with the Chesterfield County Public Safety Trm~ked System (Condition 3). Once the tower is in operation, if interference occurs, the owner/developer should be required to correct any problems. (Condition 4) COUNTY AIRPORT A preliminary review of this tower proposal has indicated that the facility will not interfere with the operation of the County Airport; however, as a further precaution, if this request is approved, any necessary FAA approvals for this facility should be obtained prior to the release of a building permit. (Condition 2) Comprehensive Plan: LAND USE The request property lies within the boundaries of the Midlothian Area Community Plan which suggests the property is appropriate for residential use of 1.01 to 2.5 unks per acre. The Public Facilities Plan, an element of the Comprehensive Plan, suggests that energy and communications uses should be located to minimize impacts on existing and future areas of development and that such uses should co-locate whenever feasible. Area Development Trends: The request property is part of a Virginia Power electrical transmission structure within a Virginia Power electrical transmission easement. Area properties are zoned residentially and developed for single family residences and community recreational facilities in Queensmill Subdivision. Site Design: As noted herein, the request property is occupied by a Virginia Power electrical transmission structure. The proposed communications tower site would be located within the transmission structure. Access for the tower site is provided via a driveway to Kingscross Road. Given the proximity of area residences, the tower should be gray or other neutral color and should not be lighted. (Condition 5) Architectural Treatment: The request property lies within an Emerging Growth Area. A condition should be imposed to require compliance with Emerging Growth requirements relative to 5 99SN0113/WP/DEC 161 architectural treatment of buildings and screening of associated mechanical equipment (Condition 7). However, imposition of Condition 7 would not require screening of the tower or tower-mounted equipment or ground-mounted equipment cabinets. In addition, consistent with past actions on similar facilities, the tower should be removed at such time that it ceases to be used for communications purposes to ensure that the tower does not become a maintenance problem or an eyesore. (Condition 8) CONCLUSIONS The Public Facilities Plan suggests that communications towers should be located to minimize the impact on existing or planned areas of development and that energy and communications facilities should co-locate whenever feasible. Specifically, the communications tower would be incorporated into an existing, permitted Virginia Power electrical transmission structure and conforms to the co-location criteria of the Plan. The addition of the communications facilities into the structure of the existing transmission tower does not generate a visual impact on area residences that is significantly greater than the visual impact of the existing Virginia Power electrical transmission tower and will eliminate the need for an additional freestanding communications tower in the area, thereby minimizing tower proliferation. As noted herein, similar communications tower/Virginia Power structure co-locations have occurred throughout the County, with no known adverse impacts on nearby development. In addition, the recommended conditions will further minirmz' e the possibility of any adverse impact on area development, as well as on the Chesterfield County Public Safety Trunked System or the County Airport. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (9/15/98): There was opposition present. Residents of Queensmill Subdivision expressed concern about the visual impact of the tower. On their own motion, the Commission deferred this case to November 17, 1998. Staff (9/16/98): The applicant was advised in writing that any significant new or revised information should be submitted no later than October 9, 1998, for consideration at the Commission's November 17, 1998, public hearing. 6 99SN0113/WP/DEC 16I Applicant (10/26/98): The applicant indicated that a meeting with area residents and the Midlothian District Planning Commissioner has been scheduled for November 10, 1998. Planning Conunission Meeting (11/17/98): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Shewmake, seconded by Mr. Marsh, the Commission recommended approval of this request subject to the conditions on pages 2 and 3. AYES: Unanimous. Further, the Commission tbund this proposal to be in substantial accord with the Comprehensive Plan. The Board of Supervisors, on Wednesday, December 16, 1998, beginning at 7:00 p.m., will take under consideration this request. 7 99SN0113/WP/DEC 161 SH. ? 99SN0113 In Midlothian Magisterial District, TRITON PCS, INC. requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and height exception in a Residential (R 15) District. A 145 foot communications tower within an existing Virginia Power structure is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for active recreation use and for residential use of 1.01 to 2.5 units per acre. This request lies on 9.97 acres fronting approximately 500 feet on the south line of Lady Ashley Road, also fronting approximately 600 feet on the east line of Kingscross Road and located in the southeast quadrant of the intersection of these roads. Tax ID 730 698 7455 and 9918 (Sheet 7). Mr. Jacobson presented a summary of Case 99SN0113 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the proposed request conforms to the siting criteria for towers. Mr. Brennan Keane, representing the applicant, stated that the recommendation is acceptable. He expressed appreciation to Mr. William Shew~ake, Chairman of the Planning Commission, for working with Triton and the community to address the concerns of citizens. There was no opposition present. On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 99SN0113 subject to the following conditions: 1 There shall be no signs permitted to identify this use. (P) 2 In conjunction with site plan submission, the owner/developer shall submit documentation as to whether F~ approval is required for the erection of the tower. If F~ approval is required, prior to release of a building permit, a copy of F~ approval shall be submitted to the Planning Department. (P) 3 The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower mounted equipment. Prior to release of a building permit the study, if 12/16/98 98 949 required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) 4 The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) 5 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. (P) 6 Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) 7 Any building or mechanical equipment shall comply with Sections 19 570 (b) and (c) and 19 595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment, located on, or associated with, any building from adjacent properties and public rights of way. Screening would not be required for the tower or tower mounted equipment or for ground mounted equipment cabinets.) 8 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) 9 In conjunction with the approval of this request, a ninety five (95) foot exception to the fifty (50) foot height limitation for communications towers in a Residential (R 15) District shall be granted. (P) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey expressed appreciation to Mr. Larry Horton, representing Triton PCS, Incorporated, who was present at the meeting for Triton's contribution to Manchester High School's trip to the Peach Bowl. 12/16/98 98 950