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00SN0241-JUNE28.pdfJune 28, 2000 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 00SN0241 Chesterfield County Police and Fire Depamnents Bermuda Magisterial District Off the south line of Bellwood Road REQUEST: Conditional Use Planned Development to permit height and setback exceptions for a communications tower and associated improvements in a Heavy Industrial (I-3) District. PROPOSED LAND USE: A 413 foot communications tower is proposed for Chesterfield County's emergency communications needs, but could also be used by other publicly or privately operated communications systems. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3. STAFF RECOMMENDATION Recommend approval for the following reasons: The request conforms to the criteria of the Public Facilities Plan which suggests that communications towers should generally be located to minimize the impact on existing or planned areas of development. The subject property is located in an area zoned Heavy Industrial (I-3) and adjacent to a Virginia Power transmission easement. Providing a FIRST CHOICE Community Through Excellence in Public Service. Communications facilities located on industrially zoned and adjacent to an existing Virginia Power electrical easement will eliminate the need for freestanding towers in other areas that are not appropriate and inconsistent with the Public Facilities Plan. Similar communications towers located on heavy industrial sites have occurred throughout the County, with no known adverse impacts on nearby development. The recommended conditions will minimize the possibilky 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. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A plan depicting this requirement shall be submkted to the Planning Deparunent for approval in conjunction with final ske plan review or prior to the release of a building permit, whichever occurs first. (P) (STAFF/CPC) 2. 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 the release of a building permit, whichever occurs fkst, the owner/developer of equipment that is not part of the County system 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 Electronics staff. (GS) (STAFF/CPC) 3. The owner/developer of equipment that is not part of the County system shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by their equipment. Such corrections shall be made 2 WP/00SN0241/JUNE28N immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) (STAFF/CPC) 4. 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 Deparunent. 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) With the approval of this request, a 263 foot exception to the 150 foot height limitation, a 328 foot exception to the 378 foot side yard setback to the north and a 318 foot exception to the 378 foot side yard setback to the west shall be granted. (P) GENERAL INFORMATION Location: Lies off the south line of Bellwood Road, east of Haven Avenue. Tax ID 798-676-Part of 9824 (Sheet 18). Existing Zoning: I-3 Size: .8 acre Existing Land Use: Industrial 3 WP/00SN0241/JUNE28N Adjacent Zoning and Land Use: North, South, East and West - I-3; Industrial and public utility (Virginia Power easement) UTILITIES The tower and associated equipment will not require the use of the public water and wastewater systems. ENVIRONMENTAL This use will have no impact on these facilities. However, if tower installation and/or any access roads cause disturbance of more than 2,500 square feet, a land disturbance permit is required. PUBLIC FACILITIES Fire and Transportation: This use will have no impact on these facilities. COUNTY COMMUNICATIONS If this request is approved, a condition should be imposed to ensure that any equipment that is not a part of the County system will be 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 of the equipment that is not part of the County system, should be required to correct any problems. (Condition 3) COUNTY AIRPORT A preliminary review of this tower proposal indicates that given the approximate location and elevation of the proposed installation, the Chesterfield County Airport will not be adversely affected. LAND USE Comprehensive Plan: The request property lies within the boundaries of the Eastern Area Land Use and Transportation Plan which suggests the property is appropriate for general industrial use. The Public Facilities Plan, an element of the Comprehensive Plan, suggests that communications uses should be located to minimize impacts on existing and future areas of residential development. Locations considered appropriate for communications towers include industrially zoned property and/or adjacent to or within existing public utility easements. 4 WP/00SN0241/JUNE28N Area Development Trends: The area is characterized by Heavy Industrial (I-3) zoning and land uses. These uses are expected to continue in this area for the foreseeable future. Zoning History: It is noted that on February 23, 2000, the Board of Supervisors approved a Conditional Use Planned Development for a communications tower of similar height on another portion of the parent parcel, approximately 300 feet south of the current site (Case 00SN0159). Due to future development planned by the property owner, the previously approved location might hinder that development. Therefore, the current site has been presented as an alternative to the previously approved site. With the approval of this request, there is the potential for two (2) 413 foot communications towers within close proximity of each other. The applicant has indicated that should this case be approved they would have no use for the previously approved site and would agree with the revocation of that site. It would be necessary for a zoning case to be initiated to rescind the previously granted Conditional Use Planned Development. Site Design: As noted herein, the request property is owned by DuPont and also occupied by a Virginia Power electrical easement. The proposed communications tower site is located within .8 acre which will be leased to Chesterfield County adjacent to the easement. The request property lies within a Post Development Area. Construction must conform to the requirements of the Zoning Ordinance which address access, parking, landscaping, architectural treaunent, setbacks, signs, buffers, utilities, and screening of dumpsters, loading areas and mechanical equipment. Consistent with past actions on similar facilities, the base of the tower should be secured by a fence to discourage trespassing. (Condition 1) Architectural Treatment: Architectural trea1~nent of buildings, including materials, color and style, must be compatible with buildings located within the same project. Compatibility may be achieved through the use of similar building massing, materials, scale, colors and other architectural features. Within Post Development Areas, no building exterior which would be visible to public rights of way can be constructed of unadorned concrete, block or corrugated and/or sheet metal. New construction must adhere to Post Development requirements. 5 WP/00SN0241/JUNE28N Consistent with past actions on similar facilities, and to ensure that the tower does not become a maintenance problem or an eyesore, the color and lighting of the tower should be controlled and the tower should be removed at such time that is ceases to be used for communications purposes. (Conditions 4 and 5) CONCLUSIONS The Public Facilities Plan suggests that communications towers should be located to minimize the impact on existing or planned areas of development. The communications tower is to be located on Heavy Industrial (I-3) zoned property, and adjacent to an existing, permitted Virginia Power electrical easement. This location conforms to the criteria of the Plan. The proposed communications facility will not generate a visual impact that is significantly greater than the visual impact of existing industrial uses or the Virginia Power easement, and will eliminate the need for freestanding communications towers in areas not considered appropriate and inconsistent with the Plan. In addition, the recommended conditions will further minimize 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 (6/20/00): The applicant accepted the recommendation. There was no opposition present. Mr. Cunningham stated that should the Board approve this request, he would make the recommendation to rescind the Conditional Use Planned Development (Case 00SN0159) which permitted a tower on a site in proximity to the request property. This would be done to ensure that only one (1) tower would be permitted on the parent parcel. On motion of Mr. Cunningham, seconded by Mr. Marsh, the Commission recommended approval of this request subject to the condkions on pages 2 and 3. Further, the Commission found this facility to be in substantial accord wkh the Comprehensive Plan. The Code of Virginia, as amended, grants the Board the authorky 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. 6 WP/00SN0241/JUNE28N I-3 A I-3 I-3 500 0 500 1000 Feet Case #: 00SN0241 C.U.P.D. Sheet #: 18 cO cO.