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00SN0134-FEB9.pdfFebruary 9, 2000 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 00SN0134 Nextel Communications Midlothian Magisterial District North line of Midlothian Turnpike ~OUEST: Conditional Use Planned Development to permit a communications tower plus a rear yard setback exception in a Community Business (C-3) District. PROPOSED LAND USE: A 140 foot communications tower and associa~d improvements are planned. Specifically, the tower will be incorporated into the structure of an existing electrical transmission structure located on the property. A sixty-two (62) foot exception to the required ninety-five (95) foot rear yard setback requirement is also requested. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3. STAFF Recommend approval for the following reasons: The Public Facilities Plan suggests that communications tower locations should be located to minimize the impact on existing or planned areas of development and that energy and communications facilities should co-locate whenever feasible. The Providing a FIRST CHOICE Community Through Excellence in Public Service. communications facilities incorporated into the existing transmission structure do not generate a visual impact that is significantly greater than the visual impact of the existing Virginia Power electrical mmsmission tower and conforms to the co- location criteria of the Plan. Incorporating the communications facilities into an existing Virginia Power electrical transmission structure will eliminate the need for an additional freestanding communications tower in the area, thereby minimizing tower proliferation. Similar communications tower/Virginia Power structure co-locations have occurred throughout the County with no known adverse impacts on nearby developmem. 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. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS. THE PROPERTY OWNER MAY PROFFER OTHER 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. ' There shall be no communications tower within 330 feet of the ultimate right of way of Midlothian Tu.~ike. Any communications tower shall be co-located on exisfmg utility structures. (P) (STAFF/CPC) 2. There shall be no signs permitted to identify this use. (P) (STAFF/CPC) 3. 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 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 2 00SN0134/WP/FEB9L approved by, the Chesterfield County Communications and Electronics staff. (GS) (STAFF/CPC) 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) (STAFF/CPC) 5. 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. 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) (STAFF/CPC) 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) (STAFF/CPC) In conjunction with the approval of this request, a sixty-two (62) foot exception to the ninety-five (95) foot rear yard setback requirement shall be granted. (P) GENERAL INFORMATION Fronts the north line of Midlothian Turnpike, east of Granite Spring Road. Tax ID 763- 707-8341 (Sheet 7). C-3 Size: 2.4 acres 3 00SN0134/WP/FEB9L Public utility (Virginia Power transmission line) Adjacent Zoning & Land Use: North - A; Public utility or vacant South - C-5; Commercial East - C-3; Commercial West - A and C-3; Public utility, commercial or vacant UTILITIES The tower and associated equipment will not require the use of the public water and wastewater systems. ENVIRONMENTAL: FIRE: AND TRANSPORTATION 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 3). Once the tower is in operation, if interference occurs, the owner/developer should be required to correct any problems. (Condition 4) A preliminary review of this tower proposal has indicated that, given the approximate location and elevation of the proposed installation, it appears the tower will not adversely affect the Chesterfield County Airport. 4 00SN0134/WP/FEB9L The request property lies within the boundaries of the Eastern Midlothian Plan which suggests the property is appropriate for regional mixed use. The Public Facilities Plan, an element of the Comprehensive Plan, suggests that energy and communication uses should be co-located, whenever feasible, to minimize impacts on existing and future areas of development. Such co-location would be appropriate for communications towers on existing tall public utility structures. Area Development Trends: Property to the north is zoned Agricultural (A) and is vacant or occupied by public utility uses. Properties to the east and west are zoned Community Business (C-3) and are occupied by commercial developments. The properties to the south are zoned General Business (C-5) and are Occupied by commercial uses. The Eastern Midlothian Plan suggests that this section of Midlothian Turnpike is appropriate for a mixture of regional type uses to include office, commercial and light industrial uses. As noted herein, the request property is occupied by Virginia Power electrical transmission structures. The proposed communications tower will be located within one (1) of these transmission structures. Access to the tower site will be via an existing gravel access road and easement to Midlothian Turnpike. Due to the proximity to Midlothian Turnpike, the communications tower should be located as far from this heavily traveled road as possible and be gray or other neutral color so as to minimize the visual impact on motorists traveling along the roadway. (Condition 5) As noted, an exception has been requested to the required rear yard setback (northern property line). Since the adjacent property to the north is also occupied by public utility uses, this setback exception should not adversely affect adjacent property. Further, the granting of the setback exception will accommodate a greater setback from Midlothian Turnpike. (Condition 7) Architectural Treatment: The request property lies within a Post Development Area. New construction must conform to the requirements of the Zoning Ordinance which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of dumpsters, loading areas and mechanical equipment. 5 00SN0134/WP/FEB9L Consistent with past actions on similar facilities, and to ensure that the tower does not become a maintenance problem or an eyesore, the tower should be removed at such time that it ceases to be used for communications purposes. (Condition 6) CONCLUSIONS The Public Facilities Plan suggests that communications towers should be located to minimize the impact on existing or planned areas of development and that energy and communications facilities should co-locate whenever feasible. The communications tower will be incorporated into an existing, permitted Virginia Power electrical transmission structure. The addition of the communications facilities into the structure of the existing transmission tower does not generate a visual impact that is significantly greater than the visual impact of the existing Virginia Power electrical transmission tower. This co-location will eliminate the need for an additional freestanding communications tower in the area, thereby minimizing tower proliferation. In addition, the recommended conditions will further minimi?e the possibility of any adverse impact on 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. CASE HISTORY Planning Commission Meeting (12/13/99): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Shewmake, seconded by Mr. Gulley, the Commission recommended approval of this request subject to the conditions on pages 2 and 3. AYES: Unanhnous. Further, the Commission found this facility to be in Substantial Accord with the Comprehensive Plan. The ~, as amended, grants the Board the authority to "overrule the action of the Commission by a majority vote of the membership thereof." Board of Supervisors' Meeting (1/26/00): Due to inclement weather, the Board deferred this case to February 9, 2000. 6 00SN0134/WP/FEB9L The Board of Supervisors, on Wednesday, February 9, 2000, beginning at 7:00 p.m., will take under consideration this request. 7 00SN0134/WP/FEB9L 0-2 O-2zc A Case #: 00SN0134 C.U.P.D. Sheet #: 7