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99SN0293.PDFAugust 25. 1999 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 99SN0293 Young Broadcasting of Richmond Inc. Midlothian Magisterial District South line of Sesame Street REQUEST: Conditional Use Planned Development to permit a height exception to an existing communicatior~s tower and modification and additional antennae in Agricultural (A) and Residential (R-7) Districts. PROPOSED LAND USE: A 999 foot communications tower and associated improvements are currently located on the proper~. The existing tower is permitted with a Special Exception and Variance granted by the Board of Zorfing Appeals. The applicant wishes to be allowed to increase the height of the existing tower to 1,030 feet and to make modifications to the antennae array. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 THROUGH 4. AYES: MESSRS. MILLER, GULLEY AND CUNNINGHAM. ABSENT: MESSRS. MARSH AND SHEWMAKE. Providing a FIRST CHOICE Community Through Excellence in Public Service. STAFF RECOMMENDATION Recommend approval for the fbllowing reasons: The Public Facilities Plan suggests that communications tower locations should generally be located to minimize the impact on existing or planned areas of development and that existing improvements should be used for new equipment whenever feasible. This request proposes modifications to an existing communications tower facility. The requested modification to an existing structure would not generate a visual impact on area residences or roads that is significantly greater than the visual impact of the existing tower and conforms to the locational criteria of the Plan. Using existing improvements for new equipment eliminates the need for additional communications towers, thereby minimizing tower proliferation. The recommended conditions will minimize the possibility of any adverse impact on area development, the Chesterfield County Public Safety 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. Prior to site plan or building permit approval, whichever occurs first, the owner/developer shall submit documentation as to whether FAA approval is required for use of or modifications to the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Pla~ming Department. (P) (STAFF/CPC) 2. The tower and equipment shall be designed and installed so as not to interfbre with the Chesterfield County Public Safety Trunked System. Prior to site plan or building permit approval, whichever occurs first, the owner/developer shall submit information as deemed necessary by the Chesterfield County Conmmnications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interfkrence with the County' system, based upon tower location and height, and 2 99SN0293/WP/AUG25L (STAFF/CPC) (STAFF/CPC) (STAFF/CPC (STAFF/CPC (STAFF/CPC 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) 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 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 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. (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, 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 cabinets.) 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 99SN0293/WP/AUG25 L (STAFF/CPC) 8. In conjunction with the approval of this request, a 980 foot exception to the 150 foot height limitation for communications towers in Agricultural (A) Districts shall be granted. (P) (NOTE: These conditions supersede conditions of approval for Case 77A026.) GENERAL INFORMATION Location: South line of Sesame Street and known as 23 and 25 Sesame Street. Tax ID 743-711-5761 and 7937 (Sheet 6). Existing Zoning: A and R-7 with Conditional Use Planned Development Size: 15.5 acres Existing Land Use: Commercial - connnunications towers Adjacent Zoning & Land Uses: North - A and R-7: Single family residential South - 0-2 with Conditional Use Planned Development and C-3; Office and Commercial East - A and R-7; Public/semi-public (park) or vacant West - R~7, A and C-3; Single family residential, commercial or vacant UTILITIES The proposed use will not necessitate a manned facility; therefore, use of the public water and wastewater systems is not required. 4 99SN0293/WP/AUG25L ENVIRONMENTAl, Drainage and Erosion: The proposed modifications to the existing tower will have no impact on drainage and erosion facilities. ~ACILITIES Fire Service and Transportatk)n: This use will have no 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, 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 2). Once the tower is in operation, if interference occurs, the owner/developer should be required to correct any problems. (Condition 3) 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 1) LAND USE Comprehensive Plan: The request property lies within the boundaries of the Hu_tmenot/Robious/Midlothian Area plan which suggests the property is appropriate for regional mixed use. The Plan recommends that uses in this area may include a mixture of integrated office parks, regional shopping centers, light industrial parks and/or higher density residential uses. 5 99SN0293/WP/AUG25L 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 use existing hnprovements for new equipment whenever feasible. Area Development Trends: The request property is occupied by several communications towers. Surrounding properties are zoned agriculturally and residentially and have been developed with single family residences on acreage parcels, office and commercial uses, a County park or remain vacant. It is anticipated that non-residential development will continue in the area, in accordance with the adopted Plan. Zoning History: On January 4, 1977, the Board of Zoning Appeals approved a Special Exception to permit the construction and operation of a communications tower on the property and an 899 fbot Variance to the 100 foot height limitation (Case 77A026). Subsequently, the tower was constructed to a height of 999 feet. Site Design: As noted herein, the request property is occupied by several conm~unications tower structures and related facilities. The request is to allow modifications to one of the existing communications towers. Access for the tower site is provided via an existing driveway to Sesame Street. 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 6). However, imposition of Condition 6 would not require screening of the tower or tower- mounted 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 conwnunications purposes to ensure that the tower does not become a maintenance problem or an eyesore. (Condition '7) CONCLUSIONS The Public Facilities Plan suggests that communications tower locations should generally be located to minimize the impact on existing or planned areas of development, and that existing 6 99SN0293/WP/AUG25L improvements should be used for new equipment whenever feasible. This request proposes modifications to an existing co~nmunications tower facility. The requested modification to an existing structure would not generate a visual impact on area residences or roads that is significantly greater than the visual impact of the existing tower and conforms to the locational criteria of the Plan. In addition, using existing improvements for new equipment eliminates the need for additional communications towers, thereby minimizing tower proliferation. The recommended conditions will minimize the possibility of any adverse impact on area development, 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 (7/20/99): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Gulley, seconded by Mr. Cunningham, the Commission recommended approval of this request subject to the conditions on pages 2 through 4. AYES: Messrs. Miller, Gulley and Cunningham. ABSENT: Messrs. Marsh and Shewmake. Further, for the reasons stated herein, the Commission found this request substantially in accord with the Comprehensive Plan. The Code of Virginia, as amended, 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, August 25, 1999, beginning at 7:00 p.m., will take under consideration th/s request. 7 99SN0293/WP/AUG25L C-3 R-7 A COUNTRY PLACE C-4 R-7 C A A F/I~.RITAGE COMMONS C ZC C C V C V C V C-5 C N Case: 99SNO293 C.U.P.D. Sheet~: 6 99SN0293 In Midlothian RICH~{OND, INC. and amendment exception to modifications Magisterial District, YOUNG BROADCASTING OF requested Conditional Use Planned Development of zoning district map to permit a height an existing communications tower and and additional antennae in Agricultural (A) and Residential (R 7) Districts. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. This request lies on 15.5 acres fronting approximately 50 feet on the south line of Sesame Street and approximately 300 feet north of Koger Center Boulevard. Tax ID 743 711 5761 and 7937 (Sheet 6). Mr. Jacobson presented a summary of Case 99SN0293 and stated that Planning Commission and staff recommend approval subject to conditions. He noted that the proposed request conforms to the siting criteria for towers. Mr. Darrell Chaney, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mr. Warren, the Board approved Case 99SN0293 subject to the following conditions: 1. Prior to site plan or building permit approval, whichever occurs first, the owner/developer shall submit documentation as to whether F~ approval is required for use of or modifications to 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) 2. The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. Prior to site plan or building permit approval, whichever occurs first, 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 8/25/99 99 715 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 Electronics staff. (GS) 3 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) 4 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 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. (P) 5 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, 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 cabinets.) 7 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) 8 In conjunction with the approval of this request, a 980 foot exception to the 150 foot height limitation for communications towers in Agricultural (A) Districts shall be granted. (P) (NOTE: These conditions supersede conditions of approval for Case 77A026.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8/25/99 99 716