98SN0258.PDFSeptember 23, 1998 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
98SN0258
Sprint PCS
Matoaca Magisterial District
North line of Cosby Road
REOUEST: Conditional Use Planned Development to permit a communications tower and
height exception in an Agricultural (A) District.
PROPOSED LAND USE:
The request property, is part of an acreage parcel occupied by a single family residence.
The applicant wishes to erect a 195 foot tower on the request site.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGES 2 THROUGH 4.
(NOTE: PROFFERED CONDITION 11 WAS SUBMITTED SUBSEQUENT TO
PLANNING COMMISSION'S PUBLIC HEARING.)
AYES: MESSRS. SHEWMAKE, MARSH AND CUNNINGHAM.
ABSTENTION: MR. GULLEY.
THE
ABSENT: MR. MILLER.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
The proposed tower, in the requested location, does not conform to the locational
criteria of the Public Facilities Plan and the Guidelines for Review of Substantial
Accord Determinations and/or Zoning Approval for Communications Tower
Locations. Specifically, the Plan and Guidelines suggest that communications
towers should generally be located away from areas of high visibility, such as along
the Hull Street Road Corridor, and away from existing and planned areas of
residential development and schools. As noted herein, the er '_ Creek Plan
suggests that this portion of the Hull Street Road Corridor is appropriate for mixed
uses, to include multi-family residential uses. In addition, property to the north of
the tower site is zoned and being developed for school use.
The Guidelines further suggest that where towers are located in proximity to high
visibility corridors and/or areas of existing or potential residential development and
schools, the tower site should possess features that minimize the visual impacts of
the tower. Such features could include design and screening elements that
minimize or disguise the utilitarian appearance of the tower and antennas and/or
provision of a buffer of mature trees having sufficient height and width to mitigate
views of the tower. Given the location, relatively denuded condition and
topography of the request property, the proposed tower has the potential to become
highly visible to Hull Street Road, as well as from existing and anticipated area
development along this portion of the Corridor. Specifically, while properties in
proximity to the tower site are wooded, the request site itself has been timbered and
remaining vegetation consists of scrub and scattered trees that would not minimize
views of the tower. Should adjacent properties also be timbered, the visibility of
the tower to Hull Street Road and future area development would increase. In
addition, the proposed tower would possess a utilitarian appearance similar to
towers that have been erected in commercial and industrial areas of the County.
A more suitable tower location might exist on agriculturally zoned property to the
northwest. In particular, some of these properties are sparsely developed, densely
wooded with mature trees 9nd, in some instances, have floodplains and Resource
Protection Areas (RPA) that might limit their potential for development. Locating
the proposed tower on a densely wooded portion o£ one of these properties, away
from Hull Street Road and in proximity to an RPA, could potentially satisfy the
tower siting criteria of the Plan and Guidelines and further mitigate its visual
impacts on area roads and development.
(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.)
CONDITION
(CPC)
The tower shall be of a monopole design. (CPC)
2
98SN0258/WP/SEPT23I
PROFFERED CONDITIONS
(CPC) 1.
Buffer Area. Reference is made to the area shown as "Proposed CUPD &
Tree Preservation Area" on that certain plat dated March 20, 1998, last
revised June 18, 1998, entitled "Kip Belcher, 15200 Cosby Road,
Chesterfield County, Virginia," Sub. Job No. SP9801.60, made by Rice
Associates, P. C. (The "Buffer Area"). Except for access and utilities,
which may be extended generally perpendicular through the Buffer Area,
existing mature trees within the Buffer Area shall be preserved and
maintained. Existing trees shall be supplemented where necessary to
minimize the view of the tower and associated equipment from adjacent
properties and public rights of way. Additional plantings shall consist of
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 a density of at least one (1) tree for each twenty (20)
lineal feet of buffer. In addition, cleared areas of 300 square feet or greater
shall be planted with trees, as described herein, to achieve a 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 requirements shall be
submitted to the Planifing Department for approval.
(cPc)
2. There shall be no signs permitted to identify, this use.
(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 final site plan review.
(cPc)
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.
(cPc)
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 tbe Chesterfield County Communications and Electronics staff
to detemfine 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 staft:
3 98SN0258/WP/SEPT23I
(CPC)
(cpc)
(CPC)
(cpc)
(cpc)
10,
11.
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.
The color and lighting system for the to~ver shall be as follows:
a)
The tower shall be grey or another neutral color, acceptable to the
Planning Department.
b)
The tower shall not be lighted unless lighting is required by FAA. If
lighted, tower 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.
All driveways and parking areas shall be graveled or paved and maintained
to minimize dust problems and provide ease of ingress and egress.
With the exception of the tower and antennas or other tower-mounted
equipment, any building and/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.
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.
Rescue Squad Equipment. If requested by any fire and/or rescue squad
station located within the boundaries of Zoning Case 89SN0343 (commonly
known as Magnolia Green), the owner of the tower shall permit the station
to install its communications equipment on the tower without charge;
provided, however, if the owner of the tower submits an engineering study
to the Planning Department confirming that the tower cannot structurally
support the equipment (taking into account existing equipment on the tower,
equipment that the owner of the tower is committed to install on the tower
and other relevant factors), then the owner of the tower shall not be
obligated to provide the space for the fire and/or rescue squad's equipment.
98SN0258/WP/SEPT23I
GENERAL INFORMATION
Location:
Fronts the north line of Cosby Road, northwest of Hull Street Road and is better known
as 15200 Cosby Road. Tax ID 716-671-Part of 9458 (Sheet 19).
Existing Zoning:
A
Size:
1.2 acres
Existing Land Use:
Vacant
Adjacent Zoning & Land Use:
North - A; Vacant
South - A; Single family residential or vacant
East - A; Vacant
West - A; Vacant
UTILITIES
The tower and associated equipment will not be a manned facility; therefore, the use of the public
water and wastewater systems is not required.
ENVIRONMENTAL
Drainage and Erosion
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.
5 98SN0258/WP/SEPT23I
P BLICFA ILI I S
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 Conmmnications 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,
acceptance of Proffered Condition 5 would be appropriate to ensure that the tower is designed and
constructed so as not to interfere with the Chesterfield County Public Safety Tmnked System.
Once the tower is in operation, if interference occurs, the owner/developer should be required to
correct any problems. (Proffered 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, if this request is approved,
any necessary FAA approvals for this facility should be obtained prior to the release of a building
permit. (Proft~red Condition 4)
LAND USE
Comprehensive Plan:
The request property lies within the boundaries of the Upper Swift Creek Plan which
suggests the property is appropriate for mixed use corridor uses, to include multi-t~tmily
residential and corporate office uses.
Area Development Trends:
The request property is located along Cosby Road is characterized by agriculturally zoned
acreage parcels occupied by single family residences, farming operations or vacant land.
Property to the north is being developed for a private school (Millwood School). The
request property and surrounding area are located within the Hull Street Road Corridor
which is characterized by a mix of residentially and commercially zoned properties within
98SN0258/WP/SEPT23I
mixed use developments (Woodlake and Hampton Park) or by agriculturally zoned acreage
parcels that the Plan suggests would be appropriate for a mix of residential and office uses.
It is anticipated that the corridor will continue to develop for a mix of residential and office
uses with commercial uses at strategic intersections.
Site Design:
The request property is part of an acreage parcel that is relatively denuded. A single
family residence exists on a part of the property. The proposed tower site is located on the
northeasternmost portion of this larger, acreage parcel, approximately 350 feet north of
Cosby Road and approximately 550 feet north of Hull Street Road. Improvements would
include the 195 toot tower, ground-mounted equipment pads, security fencing and an
access driveway to Cosby Road.
The Federal Aviation Administration may require lighting and/or markings of the tower
to minimize possible air traffic hazards. If approved, any lighting should be designed so
as not to adversely affect existing and future area residential development. (Proffered
Condition 7)
Consistent with past actions on similar facilities, the base of any tower approved on the
property should be secured with a fence to discourage trespassing. (Proffered Condition
3)
Architectural Treatment:
The request property lies within an Emerging Growth Area. Given the potential for future
development in the area, if the tower is approved, Proffered Condition 9 should be
accepted to require compliance with Emerging Growth requirements relative to
architectural treatment of buildings and screening of mechanical equipment. 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 (Proffered Condition 10). Further, if a
tower is to he approved, the tower should be of a design which is superior to the towers
typically erected in commercial and industrial areas. (Condition)
Buffers and Screening:
The adopted Guidelines for Review of Substantial Accord Determinations and/or Zoning
Approval for Communications Tower Locations suggest that, at a minimum, towers with
the potential of being highly visible from major traffic corridors and anticipated area
residential development should have significant buffers consisting of mature trees to
mitigate the visual impact of the tower on area roads and land uses. Generally, a 100 foot
buffer of mature trees has typically been required for similar tower locations. The
7 98SN0258/WP/SEPT23I
applicant has included in this request enough land around the tower site to provide a buffer
of between fifty-one (51) to 100 feet in width; however, the request site is relatively
denuded. In particular, the proposed tower site has been timbered, leaving scrub growth
and a few trees that would have marginal value for mitigating views of the tower from area
properties and Hull Street Road. Should this request be approved, additional landscaping
with trees of a species having sufficient height, spread and spacing at maturity to mitigate
views of the tower should be required. It should be noted that such landscaping would not
mitigate views of the tower until the trees have matured which would not occur for ten (10)
to twenty (20) years after planting. Further, only a buffer width of fifty-one (51) feet
could be provided on portions of the request property. (Proffered Condition 1)
CONCLUSIONS
The request site does not conform to the locational criteria of the Public Facilities Plan and the
Guidelines for Review of Substantial Accord Determinations and/or Zoning Approval for
Communications Tower Locations. Specifically, the Plan and Guidelines suggest that
communications towers should generally be located away fYom areas of high visibility, such as
along the Hull Street Road Corridor. Otherwise, the tower site should possess features that
minimize the visual impacts of the tower. Such features could include design and screening
elements that minimize or disguise the utilitarian appearance of the tower and antennas and/or
provision of a buffer of mature trees having sufficient height and width to mitigate views of the
tower. Given its location, relatively denuded condition and topography of the request property,
the proposed tower has the potential to be highly visible to Hull Street Road, as well as from
existing and anticipated area development along this portion of the Corridor. Specifically, while
properties in proximity to the tower site are wooded, the request site itself has been timbered and
remaining vegetation consists of scrub and scattered trees that would not minimize views of the
tower. While Proffered Condition 1 attempts to address this concern by requiring installation of
additional vegetation, such vegetation is not anticipated to reach maturity for many years. Should
adjacent properties also be timbered, the visibility of the tower to Hull Street Road and future area
development would increase. In addition, the proposed tower would possess a utilitarian
appearance similar to towers that have been erected in commercial and industrial areas of the
County.
A more suitable tower location might exist on agriculturally zoned property to the northwest. In
particular, some of these properties are sparsely developed, densely wooded with mature trees and,
in some instances, have floodplains and Resource Protection Areas (RPA) that might limit their
potential for development. Locating the proposed tower on a densely wooded portion of one of these
properties, away from Hull Street Road and in proximity to an RPA, could potentially satisfy the
to~ver siting criteria of the Plan and Guidelines and further mitigate its visual impacts on area roads
and development.
Given these considerations, denial of this request is recommended.
8
98SN0258/WP/SEPT23I
CASE HISTORY
Applicant (7/20/98):
The proffered conditions discussed herein were submitted.
Planning Commission Meeting (7/21/98):
The applicant accepted the Planning Commission's recommendation. There was no
opposition present.
Mr. Marsh indicated that the surrounding property is either zoned for non-residential uses
or owned by relatives of the property owner of the request site. He stated that although
the site has been timbered, he did not believe that the tower itself would be highly visible
to Route 360.
On motion of Mr. Marsh, seconded by Mr. Cunningham, the Commission recommended
approval of this request subject to the condition and acceptance of the proffered conditions
on pages 2 through 4.
AYES: Messrs. Shewmake, Marsh and Cunningham.
ABSTENTION: Mr. Gulley.
ABSENT: Mr. Miller.
Further, the Commission found the proposed tower to be in Substantial Accord with the
Comprehensive Plan.
Applicant (8/25/98):
On August 25, 1998, the applicant submitted an additional proffered condition, Proffered
Condition 11, requiring the owner of the tower to allow any future fire/rescue squad
located in the proposed Magnolia Green project to locate their communications equipment
on the tower if the tower can structurally support the equipment and space is available.
The proffer was not submitted in accordance with the Board's policy; therefore, to
consider the proffer, suspension of the rules would be necessary.
9 98SN0258/WP/SEPT23I
Board of Supervisors Meeting (8/26/98):
The Board deferred this case to their September 23, 1998, public hearing to allow the
applicant an opportunity to meet with owners of property to the north.
Staff (8/27/98):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than September 1, 1998, for consideration at the Board's September
public hearing.
Applicant, Staff and Representatives of Millwood School (8/31/98):
A meeting was held to discuss the proposal. It was generally agreed that the proposed
tower would not have a visual impact on Millwood School which is located on property
to the north.
Staff (9/2/98):
To date, no new information has been submitted.
The Board of Supervisors, on Wednesday, September 23, 1998, beginning at 7:00 p.m., will take
under consideration this request.
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98SN0258/WP/SEPT23I
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TAX iD: 716-671-g458-0000
DB. 2125. PG. i150
AREA: 4.000
ZONING; A-c
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98SN0258
In Matoaca Magisterial District, SPRINT PCS requests
Conditional Use Planned Development and amendment of zoning
district map to permit a communications tower with height
exception in an Agricultural (A) District. A 195 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 mixed use corridor use. This
request lies on 1.2 acres known as 15200 Cosby Road. Tax ID
716 671 Part of 9458 (Sheet 19).
Mr. Poole presented an overview of Case 98SN0258 and stated
that the staff recommends denial due to inconsistency with
the Public Facilities Plan, the Board's citing guidelines
for towers, and alternative sites had been suggested. He
further stated that the Planning Commission recommends
approval subject to one condition and acceptance of
proffered conditions.
Mrs. Humphrey stated that she had requested the applicant to
meet with the adjoining property owners regarding the tower
and that she has received letters from both the Woodlake
Board of Directors and the Millwood School supporting the
proposed tower site.
9/23/98
98 705
Mr. Chuck Rothenberg, representing the applicant, stated
that the Planning Commission's recommendation is acceptable.
He referenced the additional proffered condition relating to
a possible co location of antennas to serve a future fire
and/or rescue squad proposed for the Magnolia Green project.
He indicated that the tower site would not be obvious to
surrounding landowners and requested that the Board approve
the request.
Mr. George Beadles stated that he feels proffered condition
eleven was offered in return for the approval of the case
and if such a condition is legal, it should be a standard
condition in all zoning requests for towers. He further
stated that co locating antennas to serve fire and rescue
stations is not a standard County practice and that he does
not believe any fire department or rescue squad would have
their own private system.
Mr. Daniel stated that under the County's tower policy, co
location of towers is indicated as desirable.
Mrs. Humphrey stated that this is not a unique case there
are other co located tower sites in the County and that as
a good public servant, the applicant agreed to the County's
request for co location of towers. She requested that Mr.
Beadles apologize to the Board for his implication regarding
the approval of the tower site.
McHale,
to the
Mrs. Humphrey then made a motion, seconded by Mr.
for the Board to approve Case 98SN0258, subject
following condition:
The tower shall be of a monopole design. (CPC)
And, further, the Board accepted the following
conditions:
proffered
Buffer Area. Reference is made to the area shown as
'~Proposed CUPD & Tree Preservation Area" on that
certain plat dated March 20, 1998, last revised June
18, 1998, entitled '~Kip Belcher, 15200 Cosby Road,
Chesterfield County, Virginia," Sub. Job No.
SP9801.60, made by Rice Associates, P. C. (The '~Buffer
Area"). Except for access and utilities, which may be
extended generally perpendicular through the Buffer
Area, existing mature trees within the Buffer Area
shall be preserved and maintained. Existing trees
shall be supplemented where necessary to minimize the
view of the tower and associated equipment from
adjacent properties and public rights of way.
Additional plantings shall consist of 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 a
density of at least one (1) tree for each twenty (20)
lineal feet of buffer. In addition, cleared areas of
300 square feet or greater shall be planted with
trees, as described herein, to achieve a 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 requirements shall be
9/23/98
98 706
submitted to the Planning Department for approval.
There shall be no signs permitted to identify this
use .
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.
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.
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.
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.
The color and lighting system for the tower shall be
as follows:
a) The tower shall be grey or another neutral
color, acceptable to the Planning Department.
b) The tower shall not be lighted unless
lighting is required by F~. If lighted,
tower 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.
Ail driveways and parking areas shall be graveled or
paved and maintained to minimize dust problems and
provide ease of ingress and egress.
With the exception of the tower and antennas or other
9/23/98
98 707
tower mounted equipment, any building and/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.
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.
11. Rescue Seuad Eeuiement. If requested by any fire
and/or rescue squad station located within the
boundaries of Zoning Case 89SN0343 (commonly known as
Magnolia Green), the owner of the tower shall permit
the station to install its communications equipment on
the tower without charge; provided, however, if the
owner of the tower submits an engineering study to the
Planning Department confirming that the tower cannot
structurally support the equipment (taking into
account existing equipment on the tower, equipment
that the owner of the tower is committed to install on
the tower and other relevant factors), then the owner
of the tower shall not be obligated to provide the
space for the fire and/or rescue squad's equipment.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: Daniel.
9/23/98
98 708