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99SN0194.pdfJuly 28, 1999 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 99SN0194 (AMENDED) David Gregory, Triton PCS, Inc. and John Brenkus, Triton PCS, Inc. Matoaca Magisterial District North line of Woolridge Road REQUEST: (AMENDED) Conditional Use Planned Development to permit a communications tower and height exception 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 AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGES 4 AND 5. AYES: MESSRS. MILLER, CUNNINGHAM, MARSH AND SHEWMAKE. ABSENT: MR. GULLEY. Providing a FIRST CHOICE Communi(v Through Excellence in Public Service STAFF RECOMMENDATION Recommend approval for the following reasons: The request property consists of contiguous acreage parcels having substantial depth from Woolridge Road and the rear of this property contains a Resource Protection Ama (RPA). The applicant proposes to locate the tower in the vicinity of this RPA, on a portion of the property possessing a mature stand of trees of sufficient width to provide a 100 foot buffer around the tower ske, which would satisfy the siting criteria of the adopted Public Facilities Plan and Guidelines for Review of Substantial Accord Determination and/or Zoning Approval for Communications Tower Locations for towers in this portion of the County. The proposed tower site conforms to the adopted siting criteria because it will generally be located away from areas of anticipated residential development as well as from high visibility areas, such as along maj or arterial roads. The recommended conditions 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. (STAFF/CPC) 2. (STAFF/CPC) 3. (STAFF/CPC) 4. (STAFF/CPC) 5. The communications tower shall be located as generally depicted on the plan entitled "Triton PCS, Inc.: RI-1-088E--Lacy Property II, 6250 Woolridge Road, Moseley, Virginia" dated 2-22-99 and last revised 3-12-99. (P) The tower shall be restricted to a maximum height of 199 feet. (P) There shall be no signs permitted to identify this 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 Department for approval in conjunction with the f'mal site plan review. (P) In conjunction with site plan submission, the Owner/Developer shall 2 99SN0194/WP/JULY28I (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 10. 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 Depamnent 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. 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 engineer'mg study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location and height, and 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 Electronic staff. (GS) The Owner/Development 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 Electronic staff. (GS) The tmaunent, color, lighting system and design of 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 FAA. If lighted, the lighting dur'mg daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting dur'mg night time hours shall be limited to soft blinking lights. (c) The tower shall be of a monopole design. (P) All driveways and parking areas shall be graveled or paved and maintained to ~e dust problems and provide ease of ingress and egress. (P) With the exception of the tower and antenna or other tower-mounted equipment, any buildings and/or mechanical equipment shall comply 3 99SN0194/WP/JULY28I 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 ground-mounted equipment.) (STAFF/CPC) 11. A minimum 100 foot buffer shall be maintained around the per'Lmeter of the tower site. Except for access and utilities, which may be extended generally perpendicular through this buffer, existing healthy 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 adjacent properties and public rights of way. Additional planting shall consist of trees of species having an average minimum mature crown spread of thirty (30) feet and a minimum caliper of 2.5 inches at the time of planting, 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 requirement shall be submitted to the Planning Depamnent for review and approval. (P) (STAFF/CPC) 12. At such time that the tower ceases to be used for communications proposes 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) 13. In conjunction with the approval of this request, a forty-nine (49) foot exception to the 150 foot height limitation shall be granted. (P) PROFFERED CONDITION (STAFF/CPC) Except as provided herein, if requested by any County fire or safety agency or by any non-commercial fire and/or rescue squad station located within the County which could be served by the proposed communication tower, the Applicants shall permit such agency or station to install its communications equipment on the tower without charge. Notwithstanding the foregoing, the Applicants shall not be required to provide such space to such agency or station if the Applicants submit an engineer'mg study to the Planning Department con£mning that (i) the tower cannot structurally support the agency's or station's equipment, taking into account existing equipment on 4 99SN0194/WP/JULY28I Location: the tower, equipment that the Applicants are committed to install on the tower, and other relevant factors, including space on the ground for equipment that supports tower-mounted equipment, or (ii) the tower cannot accommodate the agency's or station's equipment because of technical constraints due to potential frequency interference between the agency's or stations equipment and equipment installed or to be installed on the tower. GENERAL INFORMATION North line of Woolridge Road, northeast of Otterdale Road. Tax ID 709-677-3264 and 709- 676-6590 and 9324 and 709-678-5743 (Sheet 19). Existing Zoning: Size: A 49.8 acres Existing Land Use: Vacant Adjacent 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 use of the public water and wastewater systems is not required. 5 99SN0194/WP/JULY28I 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. PUBLIC FACILITIES Fire Service and Transportation: The proposed tower and associated equipment will have a minimal impact on these facilkies. 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 detr'Lmental 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 communications system; however, if this request is approved, Condition 6 would ensure that the tower is designed and constructed so as not to interfere with the Chesterfield County Public Safety Trunked System. In addition, once the tower is in operation, if interference occurs, the owner/developer would be required to correct any problems. (Condition 7) The applicant has proffered to provide space on the tower to accommodate antennas for any County agency or fire/rescue squad station located within the County, if at the time the agency or station requests the space, the tower can structurally support the equipment and space is available. (Proffered Condition) 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, if this request is approved, any necessary FAA approvals for this facilky should be obtained prior to the release of a building permk. (Condkion 5) 6 99SN0194/WP/JULY28I LAND USE Comprehensive Plan: The request property lies within the boundaries of the Upper Swift Creek Plan which suggests the request property and surrounding area are appropriate for residential use of 2.2 unks per acre or less. Area Development Trends: The request property is located in an area character[zed by single family residences on acreage parcels, agricukural uses and vacant land. It is anticipated that properties in the vicinky of the request ske will eventually be zoned and developed for residential use. Site Design: As noted herein, the request property consists of contiguous acreage parcels having a substantial depth from Woolridge Road. Access to the tower would be provided via a driveway to Woolridge Road. Given the anticipated visibility of the proposed tower and its proximity to anticipated future area residential development, any tower approved on this property should be located on the request property where existing, mature vegetation can serve to minimize the view of the tower from area residences and public rights of way. (Conditions 1 and 11) The Federal Aviation Administration may require lighting and/or markings so as to minimize possible air traffic hazards. Lighting should be designed so as not to adversely affect existing and future area development. (Condition 8) Consistent with past actions on similar facilities, the base of the tower should be secured with a fence to discourage trespassing. (Condition 4) Architectural Treatment: The request property lies within an Emerging Growth Area. Given the potential for future development in the area, a condition should be imposed to require compliance with Emerging Growth requirements relative to architectural trea1~nent of buildings and screening of mechanical equipment (Condition la). Specifically, Condition la would require that no building exterior which would be visible to any agricultural district or any public right of way consist of architectural materials inferior in quality, appearance or detail to any other exterior of the same building. There is, however, nothing to preclude the use of different materials on different building exteriors, but rather, the use of inferior materials on sides which face adjoining property. No portion of a building constructed of unadorned concrete block or corrugated and/or sheet metal could be visible from any adjoining residential or agricultural 7 99SN0194/WP/JULY28I district or any public right of way. No building exterior could be constructed of unpainted concrete block or corrugated and/or sheet metal. Mechanical equipment, whether ground- level or rooftop, would have to be screened from public view and designed to be perceived as an integral part of the building. The views of function and accessory boxes would have to be minimized from adjacent properties and public rights of way. However, it should be noted that imposition of Condition 10 would not require screening of the tower or tower-mounted equipment. Consistent with past actions on similar facilities, the tower should be of a monopole design. (Condition 8.c.) 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 12) Buffers: Consistent with past buffer conditions typically approved for tower sites in agricultural and residential areas, a 100 foot buffer around the tower site should be provided. (Condition 11) CONCLUSIONS The proposed tower lies within the boundaries of the Upper Swift Creek Plan which suggests the request property and surrounding area are appropriate for residential use of 2.2 units per acre or less. However, the request property consists of contiguous acreage parcels having a substantial depth from Woolridge Road and the rear of the property contains a Resource Protection Area (RPA). As proposed, the tower would be located in the vicinity of this RPA. A mature stand of trees of sufficient width to provide a 100 foot buffer around the tower site is proposed, thereby satisfying the siting criteria of the adopted Public Facilities Plan and Guidelines for Review of Substantial Accord Determination and/or Zoning Approval for Communications Tower Locations for towers in this portion of the County. In addition, the proposed tower site conforms to the adopted siting criteria because it will generally be located away from areas of anticipated residential development as well as from high visibility areas, such as along major arterial roads. The communications tower, as proposed, would be located approximately 2,200 feet from Woolridge Road which is designated on the Thoroughfare Plan as a major arterial road. The recommended conditions will further minimize the possibility of any adverse impacts on area development, as well as on the Chesterfield County Public Safety Trunked System or the County Airport. Given these considerations, approval of this amended request is recommended. 8 99SN0194/WP/JULY28I CASE HISTORY Applicant (1/19/99): The applicant submitted proffered conditions. Planning Commission Meeting (1/19/99): On their own motion, the Commission deferred this case to February 16, 1999, to allow staff an opportunity to review the applicant's proffered conditions. Staff(i/20/99): The applicant was advised in writing that any significant new or revised information should be submitted no later than January 25, 1999, for consideration at the Commission's February 16, 1999, public hear'rog. Applicant (1/27/99): The applicant and staff discussed modification to the proffered conditions. Applicant (2/1/99): The applicant submitted the modified proffered conditions, as discussed herein. Planning Commission Meeting (2/16/99): At the request of the applicant, the Commission deferred this case to March 16, 1999, to allow the applicant an oppommky to meet with area residents and perhaps amend the request to address concerns of area residents. Staff noted that if it was the applicant's intent to include additional property, it would be necessary to defer for a longer period. The applicant indicated there was no intent to include additional property. Staff(2/17/99): 9 99SN0194/WP/JULY28I The applicant was advised in writing that any new or revised information should be submitted no later than February 23, 1999, for consideration at the Commission's March public hear'rog. Further, the applicant was advised that a $250.00 deferral fee was due. Staff(2/23/99): To date, no new information has been received, nor has the $250.00 deferral fee been paid. The applicant inquired about the possibility of including additional property; however, staff advised that the public notice had already been prepared for the March public hear'rog. Applicant (3/1/99): The deferral fee was paid. Planning Commission Meeting (3/16/99): At the request of the applicant, the Commission deferred this case to April 20, 1999, to allow the applicant to amend Ns application to include additional property and to permit advertising of the amendment. Applicant (3/17/99): The application was amended as reflected herein. Staff(3/17/99): The applicant was advised in writing that any significant new or revised information should be submitted no later than March 22, 1999, for consideration at the Commission's April public hear'rog. 10 99SN0194/WP/JULY28I Applicant (3/24/99): The deferral fee was paid. Applicant (4/19/99): The proffered condition was submitted. Planning Commission Meeting (4/20/99): At the request of the applicant, the Commission deferred this case to June 15, 1999. Staff (4/21/99): The applicant was advised in writing that any significant new or revised information should be submitted no later than April 27, 1999, for consideration at the Commission's June 15, 1999, public hear'rog. Also, the applicant was advised that a $150.00 deferral fee must be paid prior to the Commission's public hear'rog. Applicant (4/29/99): The deferral fee was paid. Staff (5/27/99): To date, no new information has been submitted. Planning Commission Meeting (6/15/99): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Marsh, seconded by Mr. Shewmake, the Commission recommended approval of this request subject to the conditions on pages 2 through 4 and acceptance of the proffered condition on pages 4 and 5. AYES: Messrs. Miller, Cunningham, Marsh and Shewmake. ABSENT: Mr. Gulley. 11 99SN0194/WP/JULY28I Further, for the masons stated herein, the Commission found this request substantially in accord with the Comprehensive Plan. The Code of Virginia, as mended, grants the Board the authority to "overrule the action of the Commission by a vote of the majority of the membership thereof." The Board of Supervisors, on Wednesday, July 28, 1999, beginning at 7:00 p.m., will take under consideration this request. 12 99SN0194/WP/JULY28I N 99SNOI94(AMENDED) C.U.P.D. SH. 19 13 99SN0194/WP/JULY28I HORSEPIN CREEK / E 14 99SN0194/WP/JULY28I z bJ Z 0 O0 0 o O 390dONO~ ,66[ Ld 15 99SN0194/WP/JULY28I