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98SN0289.PDFNovember 24, 1998 BS REQUEST ANALYSIS AND RECOMMENDATION 98SN0289 (Amended) RCTC Wholesale Corp. by 360° Communications Co. Matoaca Magisterial District South line of Woodpecker Road REOUEST: (Amended) Conditional Use Planned Development to permit a communications tower and height exception tower in an Agricultural (A) District. PROPOSED LAND USE: A 199 foot communications tower with accessory equipment is planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 THROUGH 4. STAFF RECOMMENDATION Recommend approval for the following reasons: The proposed tower site lies within the boundaries of the Southern and Western Ama Plan which suggests the request property and surrounding area are appropriate for residential use of 1.01 to 2.5 urfits per acre. However, the proposed tower site in part of a large, densely wooded acreage property and includes enough acreage to maintain a buffer of mature trees surrounding the tower site. In addition, the tower site is located approximately 2,000 feet from Woodpecker Road. 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 high visibility areas such as major arterial roads, or otherwise be designed to minimize the visual impacts of the tower on such anticipated 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 minimum 100 foot buffer shall be maintained around the perimeter of the tower site. Except for one (1) access and utilities, which may be extended generally perpendicular through this buffer, existing trees having a caliper of 2.5 inches or greater within this buffer shall be located and maintained. These 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 approval. (P) (STAFF/CPC) 2. There shall be no signs permitted to identify the tower use. (P) (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 final site plan review. (P) (STAFF/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, a copy of FAA approval shall be submitted to the Planning Department prior to the release of a building permit. (P) (STAFF/CPC) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked 2 98SN0289/WP/NOV24M (STAFF/CPC) (STAFF/CPC (STAFF/CPC (STAFF/CPC (STAFF/CPC I0. System. The developer 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 developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Tmnked System caused by this use. 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: 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, the lighting during daylight hours slmll be limited to medium intensity strobe lights with upward reflection and lighting during night time 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) 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) 3 98SN0289/WP/NOV24M (STAFF/CPC) 11. Location: The tower shall be of a monopole design. (CPC) GENERAL INFORtMATION South line of Woodpecker Road, west of Elko Road. Tax ID 786-621-Part of 0751 786- 622-Part of 3894, and 787-623-Part of 0758 (Sheet 49). Existing Zoning: A Size: 6.7 acres Existing Land Use: Vacant A~acent Zoning & Land Use: North, South, East, and West - A; Single family residential, agricultural or vacant UTILITIES The proposed tower and associated equipment will not necessitate a manned facility; therefore, the public water and wastewater systems are not required. ENVIR L 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. 4 98SN0289/WP/NOV24M PUBLIC FACILITIES Fire Service and Transportation: The proposed tower and associated equipment 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, 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 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 Southern and Western Area Plan which suggests the request property and surrounding area are appropriate for residential use of 1.01 to 2.5 units per acre. Area Development Trends: The request property is located in an area characterized by single family residences on acreage parcels, agricultural uses and vacant land. It is anticipated that properties in the vicinity of the request site will eventually be zoned and developed for residential use. 5 98SN0289/WP/NOV24M The tower site consists of an acreage parcel lying approximately 2,000 feet south of Woodpecker Road. Access to the property will be provided via a driveway to Woodpecker Road. 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 furore residential development in proximity to the tower, the tower should not be lighted. (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 Southern and Western Area Plan which suggests the request property and surrounding area are appropriate for residential use of 1.01 to 2.5 units per acre. However, the proposed tower site consists of a densely wooded property and includes enough acreage to accommodate a buffer of mature trees and is located approximately 2,000 feet south of Woodpecker Road. 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 or high visibility areas, such as major arterial roads, or otherwise be designed to minimize the visual impacts of the tower on such anticipated 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 is recommended. 6 98SN0289/WP/NOV24M CASE HISTORY Planning Commission Meeting (8/18/98): At the request of the applicant, the Connnission deferred this case to October 20, 1998. Staff (8/19/98): The applicant was advised in writing that any significant new or revised information should be submitted no later than August 25, 1998, for consideration at the Commission's October 20, 1998, public hearing. Also, the applicant was advised that a $150.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (8/28/98): The applicant amended the request to relocate the proposed tower, as discussed herein. In addition, the applicant paid the $150.00 deferral fee. Planning Commission Meeting (10/20/98): The applicant accepted the recommendation. There was opposition present. Concern was expressed that the proposed tower is inappropriate in an agricultural area; that the tower would depreciate area property values; that the proposed access is in a dangerous location and could cause drainage problems; and that the tower could cause health problems. Mr. Marsh indicated that he did not feel the proposed tower would negatively affect area properties. He indicated an additional condition requiring a monopole design would be appropriate. On motion of Mr. Marsh, seconded by Mr. Cunningham, the Commission recommended approval of this request, subject to the conditions on pages 2 through 4. AYES: Unanimous. Further, the Commission found this proposal to be in compliance with the Comprehensive Plan. 7 98SN0289/WP/NOV24M The Board of Supervisors, on Tuesday, November 24, 1998, beginning at 7:00 p.m., will take under consideration this request. 8 98SN0289/WP/NOV24M It I/ C.U.P.D. SH. 49 ~9(AMENDED) 98SN0289 (Amended) In Matoaca Magisterial District, RCTC WHOLESALE CORP. BY 360° COMMUNICATIONS CO. requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and height exception in an Agricultural (A) 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 1.01 to 2.5 units per acre. This request lies on 6.7 acres fronting approximately 85 feet on the south line of Woodpecker Road, approximately 350 feet west of Elko Road. Tax ID 786 621 Part of 0751, 786 622 Part of 3894 and 787 623 Part of 0758 (Sheet Mr. Poole presented a summary of Case 98SN0289 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. Dick Gibson, Esquire, representing the applicant, stated that the applicant has proposed a condition that would move the proposed tower site to comply with guidelines and satisfy concerns of one opponent. He further stated that the applicant has already been approached by Sprint, PCS to co locate on the proposed tower. He stated that the recommendation is acceptable. Ms. Barbara Lingenfelter, adjacent property owner, expressed concerns relative to the tower site being too close to her property and the impact it will have on her property value. She further expressed concerns relative to the effect that the access would have on drainage in the area. Mr. Warren Burke, owner of the subject property, stated that the income received from the proposed tower will allow future generations of his family to continue to farm the property. He further stated that he feels the proposed tower will not have a negative impact on area property values and requested that the Board approve the proposed request. There was brief discussion relative to the original location of the proposed tower and the relocation to move the tower further from Ms. Lingenfelter's property; location of the tower site with regards to the access; drainage issues; and the site plan approval process. Mrs. Humphrey referenced information from the Real Estate Assessor stating that towers are not affecting adjacent property values. There was brief discussion relative to the structural design of towers and the health effects that may be caused by the electromagnetic emissions from the tower. 11/24/98 98 889 Mr. Gibson stated that the towers have proved to be safe and there have been no incidents involving negative effects on livestock, etc. There was brief discussion relative to information received from RCC Consultants, a telecommunications consultant, by Mrs. Humphrey relative to the exposure of emissions from the proposed tower. Mrs. Humphrey stated that the tower site is 2,000 feet off the road; that the tower is buried in a forested area backing up to a resource protection area; and that the tower has been moved in an attempt to address residents' concerns. She further stated that the Planning Commission approved the request and the Real Estate Assessor has indicated that the towers are not causing a negative impact on adjacent property values. She stated that drainage, public safety and access issues will be addressed by County staff during the site plan approval process. Mrs. Humphrey then made a motion, seconded by Mr. Warren, for the Board to approve Case 98SN0289. There was brief discussion relative to lighting of the Mr. Daniel stated that approval of this request will allow the landowner to maintain his farm and that he supports the proposed request. Mrs. Humphrey then called for the vote on the motion made by her, seconded by Mr. Warren, for the Board to approve Case 98SN0289 subject to the following conditions: 1 A minimum 100 foot buffer shall be maintained around the perimeter of the tower site. Except for one (1) access and utilities, which may be extended generally perpendicular through this buffer, existing trees having a caliper of 2.5 inches or greater within this buffer shall be located and maintained. These 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 approval. (P) 2 There shall be no signs permitted to identify the tower use. (P) 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 11/24/98 98 890 1© Department for approval in conjunction with final site plan review. (P) 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) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. The developer 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 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) 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, the 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 11/24/98 98 891 dismantle and remove the tower and all associated equipment from the property. (P) 11. The tower shall be of a monopole design. (CPC) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 11/24/98 98 892