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00SN0223-JUNE28.pdfJune 28, 2000 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 00SN0223 American Tower LP Matoaca Magisterial District West line of Hull Street Road REQUEST: Conditional Use Planned Development to permit a communications tower plus a height exception in an Agricultural (A) District. PROPOSED LAND USE: A 199 foot communications tower and associated improvements are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 5. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The request property lies within the boundaries of the Southern and Western Area Plan which suggests the property and surrounding area are appropriate for rural conservation uses, primarily agricultural and forestal uses with isolated single family residences on large lots until such time as adequate public facilities are available. Subject to the recommended conditions, the site conforms to the criteria Providing a FIRST CHOICE Community Through Excellence in Public Service. 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 as well as high visibility areas, such as maj or arterials The recommended conditions will further 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 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 signs permitted to identify this use. (P) (STAFF/CPC) 2. 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 Deparunent for approval. (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 or prior to release of a building permit, whichever occurs first, 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, 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) (STAFF/CPC) 4. 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) 2 00SN0223/WP/JUNE28K (STAFF/CPC) 5. The color and lighting system for the tower shall be as follows: (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 10. The tower shall be gray or another neutral color, acceptable to the Planning Department. If lighted, lighting during daylight hours shall be limked to medium intensity strobe lights wkh upward reflection and lighting during night time hours shall be limked 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 minimize dust problems and provide ease of ingress and egress. (P) (Note: This condition does not grant an exception to any Zoning Ordinance driveway or parking area paving requirement applicable to development of the property.) Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to screening of mechanical equipment and architectural treaunent of building exteriors. (P) (NOTE: Section 19-570 (b) and (c) would require the screening of mechanical equipment and junction and accessory boxes 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) In conjunction with the approval of this request, a forty-nine (49) foot exception to the 150 foot height limitation shall be granted. (P) The tower and associated improvements shall be located as generally shown on the plan prepared by HDR Engineer'mg Inc., dated 2/28/00, attached to the "Request Analysis". (P) 3 00SN0223/WP/JUNE28K (STAFF/CPC) 11. A minimum 100 foot buffer shall be maintained around the per'Lmeter of the tower site. Access and utilities for this use, which may be extended generally perpendicular through this buffer and the existing improvements shown on the plan referenced in Condition 10, shall be permitted in this buffer. Within this buffer, existing healthy trees having a minimum caliper of 2.5 inches, shall be maintained. These trees shall be supplemented where necessary to minimize the views of the tower and associated equipment from adjacent properties and public rights of way, except that supplemental landscaping shall not be required between the driveway and the mobile home. Rather, in the area surrounding the mobile home and driveway, supplemental landscaping shall be required between the property line and the improvements stated herein. 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 minimum density of one (1) tree for each 300 square feet of cleared ama, except between the driveway and the mobile home as discussed herein. In conjunction with site plan submission, or prior to the release of the building permit, whichever occurs first, a landscaping plan depicting this requirement shall be submitted to the Planning Depamnent for review and approval. (P) PROFFERED CONDITIONS (STAFF/CPC) 1. 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 communications tower, the Applicants shall permit such agency or station to install its communications equipment on the tower without charge. Such request shall be based upon a specific need for space on the tower, and such request must be made within fifteen (15) years of the date of approval of this Conditional Use Planned Development. 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 Depamnent conf'Lrming that (i) the tower cannot structurally support the agency's or station's equipment, taking into account existing equipment on 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 4 00SN0223/WP/JUNE28K the agency's or station's equipment and equipment installed or to be installed on the tower. (P) (STAFF/CPC) Notwithstanding any other conditions imposed as part of this conditional use planned development, the Applicant shall be permitted to install on the Property a temporary telecommunications tower with associated equipment. Any temporary tower shall only be permitted for a one-time period of sixty (60) days from the date that the temporary tower is placed or installed on the Property. The Applicant shall provide the Planning Department with written notice of the date of the placement or installation of the temporary tower within one week of such placement or installation. The exact location and type of temporary telecommunications tower shall be approved by the Planning Depamnent but may include the use of (i) a wooden pole with antennas installed on the pole or (ii) a device commonly known as a cell on wheels. (P) GENERAL INFORMATION Location: West line of Hull Street Road, west of Skinquarter Road. Tax ID 686-666-3094 (Sheet 14). Existing Zoning: A Size: 10.2 acres Existing Land Use: Single family residential (mobile home) 5 00SN0223/WP/JUNE28K Adjacent Zoning and Land Use: North, South, East and West - A; Single family residential or vacant UTILITIES The tower and associated equipment will not require the use of the public water and wastewater systems. ENVIRONMENTAL If construction of the tower and associated improvements disturbs more than 2,500 square feet of land, a land disturbance permit will be required. PUBLIC FACILITIES Fire and Transportation: The proposed tower and associated equipment will have minimal impact on fire/rescue services and the transportation network. 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 Communication System microwave paths. This determination must be made prior to erection of the proposed communications tower. A preliminary review of this proposal indicates that the facility will not interfere with the County's communications system; however, 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 (Conditions 3). In addition, once the tower is in operation, if interference occurs, the owner/developer should be required to correct any problems (Condition 4). COUNTY AIRPORT A preliminary review of this proposal indicates that, given the approximate location and elevation of the proposed installation, it appears the tower will not adversely affect the Chesterfield County Airport. 6 00SN0223/WP/JUNE28K LAND USE Comprehensive Plan: The request property lies wkhin the boundaries of the Southern and Western Area Plan which suggests the request property and surrounding area are appropriate for rural conservation uses, which includes primarily agricukural~forestal uses and isolated residential uses on large lots until such time that adequate public facilkies are available. The Public Facilities Plan, an element of the Comprehensive Plan, and the Guidelines for Review of Substantial Accord Determinations and/or Zoning Approval for Communications Tower Locations, suggest that communications uses should be located in areas so as to minimize impacts on existing and future areas of development and on adjacent planned or existing residential development and to group facilities in industrial or remote areas. These also suggest that communications towers should be generally located away from areas of high visibility, such as major arterial roads, or otherwise be designed to minimize the visual impact. Area Development Trends: The request property is currently occupied by a mobile home. Adjacent properties are zoned agriculturally and are currently vacant or occupied by single family residences or mobile homes on acreage parcels. This development pattern is expected to continue in this area for the foreseeable future. Planned development is to be deferred in this area until adequate public facilities are available. Site Design: As noted, the property is currently occupied by a mobile home and associated improvements. The mobile home is located on the northern portion of the property in proximity to the western property boundary. The proposed tower is planned to be located to the southeast of the mobile home. The tower site is located approximately 900 feet from Hull Street Road. Given that Hull Street Road is a major arterial, a condition should be imposed to require that the site be located as generally shown on the attached plan (Condition 10). However, Proffered Condition 2 will allow the placement of a temporary tower pending construction of a permanent tower. Access to the tower site would be provided via an existing gravel drive from Hull Street Road. All driveways and parking areas should be designed to minimize dust problems and provide ease of ingress/egress to the tower site. (Condition 6) 7 00SN0223/WP/JUNE28K Consistent with past actions on similar facilities, the base of the tower should be secured with a fence to discourage trespassing. (Condition 2) Emergency Communications: Proffered Condition 1 would allow use of space on the tower by County or non-commercial fire and/or safety organizations, should there be a need and provided that the tower can structurally and technically accommodate the antennas of the emergency service agency. Proffered Condition 1 is similar to proffered conditions accepted in the past on similarly situated tower sites. The addition of equipment for fire/safety use is no more intense than typical communications equipment and would not impose any additional impact on area properties. Buffers & Screening: Although the Plan suggests that subdivision-type development should not occur until such time that adequate public facilkies area available, consideration should be given to provision of adequate buffers in anticipation of area development in the future. Generally, the northern portion of the property where the tower is proposed is wooded with mature trees; however, a cleared area exists along the western edge of the property in the vicinky of the existing mobile home. Normally, in areas anticipated for residential development in the near future, requirements have been imposed relative to provision of a 100 foot buffer of mature trees. As previously noted, such a stand of mature trees does not exist west of the tower ske. However, given that the area is not designated for development in the near future, the lack of vegetation to the west should not adversely affect future development. The recommended buffer would require that 100 feet of mature trees be maintained surrounding the tower ske and that cleared areas be planted except between the tower ske and existing improvements (mobile home and driveway). Where the mobile home and driveway encroach into the buffer, landscaping will be required between the property line and the improvements (Condition 11). It is anticipated that any new vegetation would be at, or near maturity at such time that the area experiences development. The recommended condkion will allow the existing improvements (shed, parking and driveway) top encroach into the buffer. Archkectural 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 treaunent of buildings and screening of mechanical equipment. (Condition 7) Specifically, withing Emerging Growth Areas, no building exterior which would be visible to any Agricultural (A) District or any public right of way may 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 8 00SN0223/WP/JUNE28K 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 may be visible from any adjoining Agricukural (A) District or any public right of way. No building exterior may be constructed of unpainted concrete block or corrugated and/or sheet metal. All junction and accessory boxes and those not visible from beyond the property must be minimized from view of adjacent property and public rights of way by landscaping or architectural treaunent integrated with the building served. Mechanical equipment, whether ground-level or roof top, must be screened from view of adjacent property and public rights of way and designed to be perceived as an integral part of the building. These requirements would not apply to any 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 communications purposes, to ensure that the tower does not become a maintenance problem or an eyesore. (Condition 8) CONCLUSIONS The request property lies within the boundaries of the Southern and Western Area Plan which suggests that the property and surrounding area are appropriate for rural conservation uses, primarily agricultural and forestal uses with isolated single family residences on acreage lots. The Plan suggests that typical subdivision and commercial type development should be deferred in this area until adequate provisions are made for public water and sewer, road improvements and other public facilities. Subject to the recommended conditions, the tower site conforms to the siting criteria of the adopted 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 as well as high visibility areas, such as major arterial roads. The recommended conditions will further minimize the possibility of any adverse impact on area development, the Chesterfield County Public Safety Trunked System or the County Airport. Given these consideration, approval of this request is recommended. 9 00SN0223/WP/JUNE28K CASE HISTORY Applicant and Staff (5/8/00 and 5/15/00): Proffered conditions were submitted. Staff agreed to revisions to Condition 11, as discussed herein. Planning Commission Meeting (5/16/00): The applicant accepted the recommendation. There was opposition present. Concerns were expressed as to what the tower would look like, the impact of the tower on property values, health concerns and the view from adjacent properties. Mr. Marsh explained that the County cannot address health concerns because the Federal law deems that towers pose no health risks. He indicated that numerous towers exist throughout the County and that there has been no evidence that property values have been adversely affected. He further indicated that given the distance of the tower from Hull Street Road, it should only be minimally visible. On motion of Mr. Marsh, seconded by Mr. Cunningham, the Commission recommended approval of this request subject to the conditions and acceptance of proffered conditions on pages 2 through 5. AYES: Unanimous. Further, the Commission found this facility to be in substantial 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 majority vote of the membership thereof." The Board of Supervisors, on Wednesday, June 28, 2000, beginning at 7:00 p.m., will take under consideration this request. 10 00SN0223/WP/JUNE28K A 300 0 300 600 Feet Case #: 00SN0223 Rezoning: C.U.P.D. Sheet #: 14 iI I I I \'%, \ % \ ,, \ -,, o o $.,,,/o Z. z..5 -/