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00SN0226-AUG23.PDFAugust 23, 2000 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 00SN0226 American Tower LP Bermuda Magisterial District Terminus of Cougar Trail ~: Amendment to Conditional Use Planned Development (Case 81S042) to allow a private communications antennae on a permitted emergency communications tower. PROPOSED I,AND USE: Antennae for cellular communications and associated improvements are planned. Specifically, private antennae will either be incorporated into the structure of an existing 300 foot emergency communications tower or the existing tower will be removed and a new tower constructed. PI,ANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 THROUGH 5. (NOTE: SINCE TIlE PLANNING COMMISSION MEETING, THE APPLICANT HAS SUBMITTED A PROPOSED REVISION TO RECOMMENDED CONDITION 1.) STAFF RECOMMENDATION Recommend approval subject to the conditions stated herein. This recommendation is made for the following reasons: Providing a FIRST CHOICE Community Through Excellence in Public Service. The ~[b~fac]lit~[a~ suggests that corranunications tower locations should be located to minimize the impact on existing or planned areas of development and that co-location should be encouraged whenever possible. The communications facilities incorporated into the existing tower or construction of a new tower at lower height will provide no greater visual impact than the existing tower. Bo Incorporating the communications facilities into the existing communications tower or construction of a new tower at a lower height will eliminate the need for an additional freestanding communications tower in the area, thereby minimizing tower proliferation. The recommended height limitations would be consistent with current policies for towers located in predominately residential areas. 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 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. THE CONDITION NOTED AS "APPLICANT" IS A CONDITION THAT THE APPLICANT HAS REQUESTED BE IMPOSED IN LIEU OF CONDITION 1 RECOMMENDED BY THE COMMISSION AND STAFF.) (STAFF/CPC) 1. If the existing 300 foot tower is replaced, the maximum height of any new tower shall not exceed 220 feet unless the County's equipment is to be located on the tower. If the County has equipment on the tower, the maximum height shall be that necessary to accommodate the County's equipment, but in no case higher than 325 feet. If the County's equipment is ever removed from the tower, the height of the tower shall be reduced to a maximum of 220 feet. (P) (APPLICANT) 1. If the existing 300 foot tower is replaced, the maximum height of any new tower shall not exceed 220 feet unless the County or any of its communications vendors co-locates communications equipment used for County purposes on the new tower. If such co- location occurs, the maximum height of the new tower shall be that 2 00SN0226/WP/AUG23H (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) necessary to accommodate the County's communications needs, but in no case higher than 325 feet. If such co-location occurs, the new tower shall be permitted to remain at the new height for a period of twenty years from the date of such co-location regardless of whether such height is needed for County communications purposes. After the twenty-year period expires, the tower height shall be reduced to 220 feet unless the County determines that the additional height is needed for County communications purposes. There shall be no signs permitted to identify this use. (P) If the existing tower is replaced, the base of the new tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The fence shall be placed so as to provide sufficient room between the fence and the property line to accommodate evergreen plantings having an initial height and spacing to provide screening of the base of the tower and accessory ground-mounted equipment or su'uctures from adjacent properties. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval prior to release of a building permit for a new tower. (P) (NOTE: This condition supersedes Condition 1 of Case 81S042 if the existing tower is replaced. Condkion 1 of Case 81S042 remains in effect for the existing tower.) 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, whichex~er occurs first, 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 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 approved by, the Chesterfield County Communications and Electronics staff. (CS) The owner/developer of equipment that is not part of the Chesterfield County Public Safety Trunked System shall be 3 00SN0226/WP/AUG23H (STAFF/CPC (STAFF/CPC (STAFF/CPC (STAFF/CPC) responsible for correcting any frequency problems which affect the County's system caused by their equipment. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) 6. The color and design of the tower shall be as follows: If antennae are incorporated into the existing tower, the antennae apparatus and associated improvements shall be the same or similar color to the existing tower. The exact color shall be approved by the Planning Department. Any new 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) 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 Section 19-5705 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: Section 19-570 (b) and (c) would require screening of mechanical equipment 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 existing or any new 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. Provided, however, that if a new tower is built and the twelve (12) months have elapsed prior to January 30, 20002, the existing tower need not be removed before January 30, 2002. (P) 4 00SN0226/WP/AUG23H (STAFF/CPC) 10. Location: (NOTE: This condition permits two (2) towers until January 30, 2002.) Any new tower shall be located in the general area of the existing tower. (P) (NOTE: These conditions are in addition to conditions of Case 81S042.) GENERAL INFOP~MATION Located at the terminus of Cougar Trail, west of Harrowgate Road. 793-635-0024 (Sheet 34). R-7 with Conditional Use Planned Development to permit an emergency radio system tower Size: 29.7 acres Public/semi-public (Harrowgate Park) and 300 foot emergency radio system tower Adjacent Zoning and Land Use: North and South - R-7; Single family residential East - Public/semi-public (Carver Middle School) West - A; Vacant UTILITIES The proposed use will not necessitate a manned facility; therefore, the use of the public water and wastewater systems are not required. If construction disturbs more than 2,500 square feet of land, a land disturbance permit will be required. 5 00SN0226/WP/AUG23H II Fi ' : The proposed tower and associated equipment will have a minimal impact on fire/rescue services and the existing 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 Communications System microwave paths. This determination must be made prior to erection of the proposed communications tower. This ensures that there is no obstruction to microwave paths used in linking the County's wireless networks. In cases where commercial towers are constructed near existing County towers, an intermodulation study using all County and commercial wireless providers frequencies will be requested. Additional information such as coordinates, effective radiated power and other frequencies may be requested. The proliferation of the wireless industry has caused degraded reception within the County due to the concentration of radio signals. Each case needs to be analyzed on an individual basis to determine if there is any detriment to the County system. If this case is approved, a condition should be imposed to insure that any new antennae or tower is designed and constructed so as not to interfere with the public emergency system (Condition 4). Once the new antennae or tower is in operation, if interference occurs, the owner/developer should be required to correct any problem. (Condition 5) This proposal would allow co-location of other radio frequency systems on a County tower used for the Public Safety Network system. At the time of consideration of any lease agreement, terms should be incorporated to insure that co-location wilt not adversely affect the Emergency Communications system. The existing network of towers were not designed to accommodate loading beyond what is currently installed and still maintain existing ANSI standards. Any redesign or additions to the existing structure must be done in such a way as to not disrupt the Public Safety Communications system. The existing tower houses antennas for emergency services as well as other County operations. With the construction of the new County emergency communications system, it is not anticipated that this site will be necessary to accommodate that need, but would be necessary to accommodate other County communications needs. It is anticipated that the need to use the site for emergency communications will not be necessary after January, 2002 (Condition 9). Condition 9 will allow construction of a new tower, but not 6 00SN0226/WP/AUG23H necessitate removal of the existing tower until after the date anticipated that the tower will not be necessary for emergency communications. COUNTY AIRPORT 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. LAND USE Comprehensive Plan: The request property lies within the boundaries of the Southern and Western Area Plan which suggests the property and surrounding area are appropriate for residential use of 2.51 to 4.0 units per acre. The Public Facilities Plan, an element of the Comprehensive Plan, and the ~ 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, or adjacent to planned or existing residential development. Area Development Trends: Properties to the north and south are zoned Residential (R-7) and are vacant or occupied by single family dwellings. Property to the east is also zoned Residential (R-7) and is a public/semi-public use known as Carver Middle School. Property to the west is zoned Agricultural (A) and is vacant. The general request area is occupied by public/semi-public uses, with Carver Middle School and Harrowgate Park providing recreational athletic fields and walking trails to the surrounding neighborhoods. On May 31, 1981, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved a Conditional Use Planned Development (Case 81S042) to allow a 325 foot emergency radio system tower subject to a condition requiring a twelve (12) foot high chain link fence topped with barbed wire around the base of the tower. Subsequently, a 300 foot communication tower for the County's Emergency Communications System was erected. 7 00SN0226/WP/AUG23H As noted herein, the request property is occupied by an existing 300 foot communications tower generally on the northern portion of the property. It is the applicant's intent to locate private cellular antennae on the existing structure; however, with approval of this request, it would be possible to remove the existing tower and replace it with a new tower. The existing Conditional Use Planned Development (Case 81S042) would allow any new tower to reach a height of 325 feet. With the exception of towers to support emergency communications needs, the height of cellular towers has generally been restricted to 199 feet in residential areas subject to provision of adequate buffers consisting of mature vegetation. Although a miler tower currently exists on the subject property, any new tower should be brought into closer conformance with current practices. It has been indicated that a 220 foot tower would accommodate not only the applicant's needs, but also provide space for three (3) other users. The existing site does not have sufficient land area to accommodate the typical 100 foot buffer around the perimeter. Given, however, that the existing tower is 300 feet in height, any reduction in the height will be of a benefit to the neighborhood (Condition 1). Following the Planning Commission public hearing, the applicant submitted a proposed change to Condition 1 relating to the permitted height of the tower. The change requested by the applicant would allow any new tower to be erected to a maximum height of 325 feet if the County or any of its vendors co-locates on the tower initially and would allow the tower to remain at that height for twenty (20) years regardless of whether the County or any of its vendors remain on the tower. At the end of twenty (20) years, the condition would require that the height of the tower be reduced to 220 feet unless the County determines that the additional height is needed for County communications purposes. Staff does not support the requested revision since it fails to bring the tower height in closer conformance with standards for private communications towers. Condition 3 would require the base of any new tower to be landscaped so as to further minimize the visual impact on the park and adjacent properties. Access to the tower site will be via an existing access road through Harrowgate Park to Cougar Trail. All driveways and parking areas should be designed to minimize dust problems and provide ease of ingress/egress to the tower site. (Condition 7) A i : Due to the proximity of residential neighborhoods, the communications antennae apparatus if mounted on the existing tower should be the same or similar color as the tower so as to minimize the visual impact on area residents (Condition 6). Consistent with past actions on similar facilities, the base of the tower should be secured with a fence to discourage trespassing. (Condition 1 of Case 81S042 and Condition 3) 8 00SN0226/WP/AUG23H Typically, the Commission has required that new towers be of a monopole design and generally no higher than 199 feet. Given the need for a higher tower, it will not be designed as a monopole, but will probably be of a lattice design. Since the request property lies within an Emerging Growth Area, the architectural treatment of any structures should be required to comply with those standards (Condition 8). Specifically, withing Emerging Growth Areas, no building exterior which would be visible to any residential or agricultural 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 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 residential or agricultural 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 treatment 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 designed to be perceived as an integral part of the building. These requirements would not apply to any tower or tower-mounted equipment. 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 9). The recommended condition would allow the existing tower to remain until January 30, 2002. As indicated previously, typically in an area such as that of the existing application, a 100 foot buffer of mature trees is required around the perimeter of the tower site. In this particular instance, however, such a buffer does not exist. Therefore, it is recommended that at a minimum, the perimeter of the base of any new tower should be landscaped to minimize the view from the park and adjacent properties. (Condition 3) The P ' - ' suggests that communications towers should be located to minimize the impact on existing or planned areas of development. Given that a 300 foot emergency communications tower already exists, the placement of private antennas on the existing tower should be of no greater impact on the area. Specifically, the location of the communications facilities on the existing structure will not generate a visual impact that is significantly greater 9 00SN0226/WP/AUG23H than the visual impact of the existing tower. This location will eliminate the need for an additional freestanding communications tower in the area, thereby minhnizing tower proliferation. As previously noted, it will be possible through this approval to remove the existing tower and replace it with a new tower. Should that occur, staff is of the opinion that the new structure should be brought into closer conformance with today's standards. (Conditions) 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. At the time of any lease agreement, there may be more specific criteria under which co- location may be regulated. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (5/16/00): On their own motion, the Commission deferred this request to June 20, 2000. Applicant, Staff, and the Bermuda District Commissioner (5/17/00): A meeting was held to discuss the proposal. The County indicated a concern relative to co-location on the existing tower and possible interference with the County's emergency communications system. It was indicated that the County's new emergency communications system will eliminate the need to use this site for that system, but that this site will continue to be needed for other County communications needs. It was noted that the new emergency communications system should be operational by January 30, 2002. Planning Commission Meeting (6/20/00): There was discussion as to whether or not it would be appropriate to require the height of any new tower to be lowered ff the County were to initially locate equipment on the tower and subsequently remove the equipment. On their own motion, the Commission deferred this request to allow additional time to evaluate the proposal and staWs recotmnendation. 10 00SN0226/WP/AUG23H The Commission did, however, find 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." Staff (6/21/00): The applicant was advised in writing that any significant, new or revised information should be submitted no later than June 26, 2000, for consideration at the Commission's July public hearing. Staft (6/29/00): To date, no new i~fformation has been submitted. Planning Commission Meeting (7/18/00): The applicant did not accept the recommendation. The applicant desired permission for the tower to remain at a maximum height of 325 feet if the County removed its equipment from the tower after the initial co-location. It was the consensus of the Commission that the height of the tower should be reduced once the County no longer needed the tower for their communications needs. On motion of Mr. Cunningham, seconded by Mr. Marsh, the Commission recommended approval of this request subject to the conditions on pages 2 through 5. AYES: Unanimous. Applicant (8/15/00): The applicant requested that the Board change Condition 1, as recommended by the Commission and staff. The requested change is reflected and discussed herein. The Board of Supervisors, on Wednesday, August 23, 2000, beginning at 7:00 p.m., will take under consideration this request. 11 00SN0226/WP/AUG23H R-15 A Harrowgate Park Carver Middle School A R-7 A N 300 0 300 600 Feet R-7 Case #: 00SN0226 C.U.P.D. Sheet #: 34 003~0226 In Bermuda Magisterial District, A~ERICA~ TOWER LP requested amendment to Conditional Use Planned Development (Case 81S042) and amendment of zoning district map to allow a private communications tower. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is 8/23/00 O0 610 appropriate for residential use of 2.51 to 4.0 units per acre. This request lies in a Residential (R 7) District on 29.7 acres, located at the terminus of Cougar Trail. Tax ID 793 635 0024 (Sheet 34). Ms. Rogers presented a summary of Case 00SN0226 and stated that the Planning Commission and staff recommend approval subject to conditions, one of which would have allowed the tower to have a height of 325 feet if the County co locates equipment with private companies. She further stated that the condition would limit the height of the tower to a maximum of 220 feet if only private companies are located on the tower. She stated that generally in residential areas the Planning Commission and Board have limited communication towers to a height of 190 feet, but have allowed towers housing County emergency equipment to be constructed to greater height due to health, safety and welfare concerns. She further stated that it is both staff and the Planning Commission's position that if the tower is used solely by private companies, the height should be brought into closer conformance with today's standards with respect to private communications towers in residential districts. She stated that the applicant has expressed concerns relative to the height limitations recommended by staff and the Commission and that, since the Planning Commission's public hearing, the applicant has submitted alternative language to Condition 1 that would allow any new tower to be erected to a height of 325 feet if co location occurs with the County or any of the County's vendors and that if the tower is erected to a height of 325 feet to accommodate co location, it could remain at that height for a maximum of twenty years regardless of whether co location continues for the twenty year period. She further stated that, at the end of twenty years, the height of the tower would have to be reduced to 220 feet unless the County determines the height is needed for County communication purposes. She stated that, as proposed by the applicant, the condition would allow a height of 325 feet in a situation where the County has contracted with a private cellular company to provide cellular service. She further stated that staff feels the alternative language does not comply with the Planning Commission's recommendation and would therefore not recommend that the alternative condition be imposed. When asked, Ms. Rogers stated that staff's goal is to ensure that if only private companies are located on the tower, the height should be brought into closer conformance with what the Planning Commission and Board have approved in the past relative to private towers in residential districts. Mr. Brennen Keene, representing the applicant, stated that it is the applicant's intent to replace the existing 300 foot tower because it is approaching the end of its useful life and no new antennas can be added without structurally altering the existing tower. He further stated that, given the residential character of the Harrowgate Road Corridor, the new tower would be an excellent resource for the County's use. He requested the Board's approval of the proposed request including the alternative language to Condition 1. 8/23/00 O0 611 Mr. Robert Eanes, representing Chesterfield County Administration, stated that the County has communications equipment located on the existing tower. He further stated that there is a future need for the County's equipment to remain on any new tower with capabilities up to 325 feet in height. There being no one else to speak to the Case, the public hearing was closed. Mr. McHale stated that he will support the applicant's alternative language to Condition 1 because it permits the applicant to erect a tower up to 325 feet only if the County enters into the agreement. He further stated that there has been no opposition to the request and that he does not feel it makes good business sense to require the applicant to take the tower down prior to twenty years if the County no longer desires to use it. Mr. McHale then made a motion, seconded by Mrs. Humphrey, for the Board to approve Case 00SN0226 subject to the following conditions: 1 If the existing 300 foot tower is replaced, the maximum height of any new tower shall not exceed 220 feet unless the County or any of its communications vendors co locates communications equipment used for County purposes on the new tower. If such co location occurs, the maximum height of the new tower shall be that necessary to accommodate the County's communications needs, but in no case higher than 325 feet. If such co location occurs, the new tower shall be permitted to remain at the new height for a period of twenty years from the date of such co location regardless of whether such height is needed for County communications purposes. After the twenty year period expires, the tower height shall be reduced to 220 feet unless the County determines that the additional height is needed for County communications purposes. There shall be no signs permitted to identify this use. (P) If the existing tower is replaced, the base of the new tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The fence shall be placed so as to provide sufficient room between the fence and the property line to accommodate evergreen plantings having an initial height and spacing to provide screening of the base of the tower and accessory ground mounted equipment or structures from adjacent properties. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval prior to release of a building permit for a new tower. (P) (NOTE: This condition supersedes Condition 1 of Case 81S042 if the existing tower is replaced. Condition 1 of Case 81S042 remains in effect for the existing 8/23/00 O0 612 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 first, 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 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 approved by, the Chesterfield County Communications and Electronics staff. (GS) The owner/developer of equipment that is not part of the Chesterfield County Public Safety Trunked System shall be responsible for correcting any frequency problems which affect the County's system caused by their equipment. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The color and design of the tower shall be as follows: a. If antennae are incorporated into the existing tower, the antennae apparatus and associated improvements shall be the same or similar color to the existing tower. The exact color shall be approved by the Planning Department. b. Any new tower shall be gray or another neutral color, acceptable to the Planning Department. c. 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) 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 Section 19 5705 (b) and (c) and 19 595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: Section 19 570 (b) and (c) would require screening of mechanical equipment 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.) 8/23/00 O0 613 9. At such time that the existing or any new 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. Provided, however, that if a new tower is built and the twelve (12) months have elapsed prior to January 30, 2002, the existing tower need not be removed before January 30, 2002. (P) (NOTE: This condition permits two (2) towers until January 30, 2002.) 10. Any new tower shall be located in the general area of the existing tower. (P) (NOTE: These conditions are in addition to conditions of Case 81S042.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8/23/00 O0 614