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99sn0158.pdfDecember 16, 1998 BS REQUEST ANALYSIS AND RECOMMENDATION 99SN015g Chesterfield County Police and Fire Departments Midlothian Magisterial District North terminus of James River Road REQUEST: Conditional Use Planned Development to permit a 199 foot communications tower in a Residential (R-40) District. PROPOSED LAND USE: A 199 foot communications tower with accessory equipment, in Robious Landing Park is planned. The tower, however, will only be built to a height necessary to serve the County's emergency communications system. This tower is part of Chesterfield County's enhanced Public Safety Trunked System and would be designed to provide improved emergency communications service to the area around James River High School. However, with approval of this request, the antennas of other wireless communications service providers could be located on the tower. The proffered condition, however, prohibits construction of the tower unless it is needed to serve the County's emergency communications system. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 THROUGH 4 AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGE 4. STAFF RECOMMENDATION Recommend approval for the following reasons: The proposed tower site lies within the boundaries of the Old Gur[tRobious Area Plan which suggests the request property and surrounding area are appropriate for residential use of 1.0 unit per acre or less. The proposed tower site is located within Robious Landing Park and adjacent to James River High School and is partially occupied by a Chesterfield County Odor Control Facility. The site consists of a stand of dense woods and includes enough acreage to accommodate a buffer of mature trees surrounding the base of the tower. Subject to the recommended buffer condition, the tower conforms to the siting criteria of the lic Fa-'s PI n and Guidelines for Review of Substantial Accord Determinations and/or Zonin~ Approval for Communications Tower Locations which suggests that communications towers should generally be located away from areas of anticipated residential development and, when located in the vicinity of schools and parks, be designed to minimize the visual impacts of the tower on such areas of development. The conditions recommended herein will further minimize the possibility of any adverse impact on existing or future area development, as well as on 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.) CONDITIONS (STAFF/CPC) 1. A 100 foot buffer shall be maintained around the perimeter of the request site. Except for one (1) access driveway and utilities which may be extended generally perpendicular through this buffer, and the removal of dead or diseased trees, existing trees 2.5 inches in caliper or greater within this buffer shall be preserved and maintained. Existing trees shall be supplemented where necessary to minLmize the views of the tower and associated equipment from the request site boundaries. Any cleared areas of 300 square feet or greater shall be planted with trees of species having an average minimum mature crown spread of greater than thirty (30) feet and a minimum caliper of 2.5 inches at the time of planting, to achieve minimum densit3, of one (1) tree for each 300 square feet of cleared area. At the time of site plan review, a landscaping plan depicting this requirement shall be submitted to the Planning Department for review and approval. (P) (NOTE: A Chesterfield County Odor Control Facility and associated improvements lie adjacent and to the south of the proposed tower enclosure. The recommended buffer would be required around this facility as well as the tower enclosure.) (STAFF/CPC) 2. There shall be no signs permitted to identify the tower use. (P) 2 99SN0158/WP/DEC 16L (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with f'mat site plan review. (P) 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, a copy of FAA approval shall be submitted to the Planning Department prior to the release of a building permit. (P) Communications equipment for private users shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. The owner/developer of equipment for private users shall perform an engineering study to determine the possibility of radio frequency interference with the County System. Prior to release of a building permit, the study shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The owner/developer of equipment for private users shall be responsible for correcting any frequency problems which affect the Chesterfield County PuNic Safety Trunked System caused by their equipment. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS)' The treatment, color and lighting system for the tower shall be as tbllows: The tower shall be gray or another neutral color, acceptable to the Planning Department. The tower shall not be lighted unless lighting is required by the FAA. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night thne hours shall be limited to soft blinking lights. (P) All driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) 3 99SN0158/WP/DEC 16L (STAFF/CPC) 9. 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 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) 10. 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) PROFFERED CONDITION (STAFF/CPC) The communications tower shall only be permitted if needed to support antennas of the Chesterfield County Emergency Communications system, as deemed necessary by the Chesterfield County Police and Fire Departments to provide enhanced emergency communications services. Further, the height of the tower shall be restricted to the minimum height deemed necessary by the Police and Fire Departments to accommodate the County's Emergency Communications antennas. (Notes: A. Approval of this request will restrict the height of the tower to a maximum of 199 feet. However, if the needs of the County's Emergency Communications system can be accommodated at a height less than 199 feet, as determined by the Police and Fire Departments, the tower will be restricted to the lesser height. If the tower is needed to support the needs of the County's Emergency Communication system, it may also be built to support the antennas of other wireless service conmaunications providers, provided that these antennas are at an elevation lower than those of the County's Emergency Communications system.) 4 99SN0158/WP/DEC 16L GENERAL INFORMATION Location: North terminus of James River Road. Existing Zoning: R40 Size: Tax ID 728-725-Part of 6105 (Sheet 2). 4.5 acres Existing Land Use: Robious Landing Park and Chesterfield County Odor Control Facility. Adjacent Zoning & Land Use: North, East and West - R40; Public/semi-public (Robious Landing Park) South - R-40; Public/semi-public (Robious Landing Park and James River High School) UTILITIES The proposed tower and associated equipment will not necessitate a manned facility; therefore, the public water and wastewater systems are not required. Drainage and Erosion: The request property drains to the James River. No existing or anticipated on- or off-site drainage or erosion problems. A land disturbance permit will not be required if less than 2,500 square feet of land area is disturbed by the construction of the tower and associated improvements. Due to the proximity of the 100 year floodplain, it may be advisable to raise the elevation of equipment and buildings at least one (1) foot above the recorded level of the floodplain. Ouality: Water A wetlands delineation was performed with the development of the Robious Landing Park. 5 99SN0158/WP/DEC 16L Based on this delineation, the proposed tower site should not impact the James River Resource Protection Area (RPA). PUBLIC FACILITIES Fire Service and Transportation: The proposed tower and associated equipment will have a minimal impact on these facilities. County Communications: The Development Standards Manual 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, a condition should be imposed to ensure that communications equipment is designed and constructed so as not to interfere with the Chesterfield County Public Safety Trunked System (Condition 5). Once the tower is in operation, if interference occurs, the owner/developer should be required to correct any problems. (Condition 6) 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, any necessary FAA approvals for this facility should be obtained prior to the release of a building permit. (Condition 4) LAND USE Comprehensive Plan: The request property lies within the boundaries of the Old Gun/Robious Area Plan which suggests the request property and surrounding area are appropriate for residential use of 1.0 unit per acre or less. 6 99SN0158/WP/DEC16L Area Development Trends: The request property is located in an area characterized by single family residences in subdivisions and by vacant, agriculturally and residentially zoned land. It is anticipated that properties in this portion of the County will eventually be zoned and developed for residential use. However, as noted herein, the request site is located on publicly owned land within Robious L~ding Park and lies adjacent to James River High School, and the tower site is partially occupied by an existing Chesterfield County Odor Control Facility. Given these considerations, the tower should remain relatively isolated from area residential development. Site Design: The tower site lies at the northern terminus of James River Road. Access to the property will be provided via a driveway which also serves Robious Landing Park and an existing Chesterfield County Odor Control Facility. Consistent with past actions on similar facilities, the base of the tower should be secured with a fence to discourage trespassing (Condition 3). In addition, given the potential for future residential development in proximity to the tower, the tower should not be lighted unless the Federal Aviation Administration (FAA) requires lighting to minimize air traffic hazards. Any lighting required by the FAA should be designed so as not to adversely affect area residents. (Condition 7.b.) 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 architectural treatment of buildings and screening of mechanical equipment. (Condition 9) 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 10) CONCLUSIONS The proposed tower site lies within the boundaries of the Old Gun/Robious Area Plan which suggests the request property and surrounding area are appropriate for residential use of 1.0 unit per acre or less. The proposed tower site is located within Robious Landing Park and adjacent to James River High School and is partially occupied by a Chesterfield County Odor Control Facility. Further, the site consists of a stand of dense woods and includes enough acreage to accommodate a buffer of mature trees surrounding the base of the tower. 7 99SN0158/WP/DEC16L Subject to the recommended buffer condition, the tower conforms to the siting criteria of the Public Facilities Plan and Guidelines for Review of Substantial Accord Determinations and/or Zoning Approval for Communications Tower Locations which suggests that communications towers should generally be located away from areas of anticipated residential development and, when located in the vicinity of schools and parks, be designed to minimize the visual impacts of the tower on such areas of development. In addition, the conditions recommended herein will further minimize the possibility of any adverse impact on existing or future area development, as well as on the Chesterfield County Public Safety Trunked System or the County Airport. Given these considerations, approval of this request would be appropriate. CASE HISTORY Applicant (11/13/98): The proffered condition was submitted to address concerns that the proposed communications tower be built only if needed to serve the Chesterfield County Emergency Communications system. Specifically, this condition would ensure that the communications tower will not be built unless it is needed to support the antennas of the Chesterfield County Emergency Communications system. In addition, the condition would ensure that the height of the tower will be restricted to the minimum height necessary to accommodate the County's system. It should be noted that the maximum height of the tower would still be restricted to 199 feet and, if the tower is built for the County's Emergency Communications system, it could also be built to support the antennas of other communications service providers, provided these antennas are lower than those of the County. Planning Commission 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 through 4 and acceptance of the proffered condition on page 4. AYES: Unanimous. Further, the Conunission found the proposal to be in substantial accord with the Comprehensive Plan. 99SNO158/WP/DEC16L The Board of Supervisors, on Wednesday, December' 16, 1998, beginning at 7:00 p.m., will take under consideration this request. 9 99SN0158/WP/DEC 16L /Z RIVER HIGH SCHOOL /~-40 BETTIE WEAVER ELEM. SCHOOL OUS PARK LANDING J,~ /~E$ RIVER C.U.P.B. 99SN0158 In Midlothian Magisterial District, CHESTERFIELD COUNTY POLICE AND FIRE DEPARTMENTS requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and height exception in a Residential (R 40} District. A 199 foot communications tower 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 residential use of 1.0 unit per acre or less. This request lies on 4.5 acres lying at the north terminus of James River Road. Tax ID 728 725 Part of 6105 (Sheet Mr. Jacobson presented a summary of Case 99SN0158 and stated that the Planning Commission and staff recommend approval subject to conditions and acceptance of one proffered condition. He further stated that the proposed request conforms to the siting criteria for towers. Mr. Robert Eanes, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. Mr. Barber expressed appreciation to Mr. Eanes and R.C.C. Consultants for their diligent efforts towards this request. 12/16/98 98 956 Mr. Barber then made a motion, seconded by Mr. Warren, for the Board to approve Case 99SN0158 subject to the following conditions: 1 A 100 foot buffer shall be maintained around the perimeter of the request site. Except for one (1) access driveway and utilities which may be extended generally perpendicular through this buffer, and the removal of dead or diseased trees, existing trees 2.5 inches in caliper or greater within this buffer shall be preserved and maintained. Existing trees shall be supplemented where necessary to minimize the views of the tower and associated equipment from the request site boundaries. Any cleared areas of 300 square feet or greater shall be planted with trees of species having an average minimum mature crown spread of greater than thirty (30) feet and a minimum caliper of 2.5 inches at the time of planting, to achieve minimum density of one (1) tree for each 300 square feet of cleared area. At the time of site plan review, a landscaping plan depicting this requirement shall be submitted to the Planning Department for review and approval. (P) (NOTE: A Chesterfield County Odor Control Facility and associated improvements lie adjacent and to the south of the proposed tower enclosure. The recommended buffer would be required around this facility as well as the tower enclosure.) 2 There shall be no signs permitted to identify the tower use. (P) 3 The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) 4 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, a copy of F~ approval shall be submitted to the Planning Department prior to the release of a building permit. (P) 5 Communications equipment for private users shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. The owner/developer of equipment for private users shall perform an engineering study to determine the possibility of radio frequency interference with the County System. Prior to release of a building permit, the study shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) 6 The owner/developer of equipment for private users shall be responsible for correcting any frequency 12/16/98 98 957 1© And, further, the Board condition: problems which affect the Chesterfield County Public Safety Trunked System caused by their equipment. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The treatment, 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 unless lighting is required by the F~. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) 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 the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower mounted equipment.) 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) accepted the following proffered The communications tower shall only be permitted if needed to support antennas of the Chesterfield County Emergency Communications system, as deemed necessary by the Chesterfield County Police and Fire Departments to provide enhanced emergency communications services. Further, the height of the tower shall be restricted to the minimum height deemed necessary by the Police and Fire Departments to accommodate the County's Emergency Communications (Notes: Approval of this request will restrict the height of the tower to a maximum of 199 feet. However, if the needs of the County's Emergency Communications system can be accommodated at a height less than 199 feet, as determined by the Police and Fire 12/16/98 98 958 Departments, the tower will be restricted to the lesser height. B. If the tower is needed to support the needs of the County's Emergency Communication system, it may also be built to support the antennas of other wireless service communications providers, provided that these antennas are at an elevation lower than those of the County's Emergency Communications system.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mr. Eanes expressed appreciation to the Planning Department staff and to Mr. Kirk Turner, Development Manager, for their support and guidance. 12/16/98 98 959