02SN0305-OCT23.pdfOctober 23, 2002 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0305
Pyramid Site Acquisition Services
and
Dominion Virginia Power
Midlothian Magisterial District
Off the north line of Walmart Way
~._~__QUEST: Conditional Use Planned Development m permit aeommtmieations tower plus height
exception in a Corporate Office (0-2) District.
PROPOSED LAND USE:
A 199 foot communications tower with accessory equipment is planned.
Communications tower use up to 150 feet in height is permitted in an 0-2 District
provided the structure is architecturally incorporated into the design of a building
used for a permitted use. If this restriction cannot be met, then the use may be
allowed by Conditional Use. The proposed tower is to be a freestanding structure not
incorporated into the architectural design of a building.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS AND ACCEPTANCE OF THE
PROFFERED CONDITION ON PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. While the proposal lies within the boundaries of the Northern Area Land Use and
Transportation Plan which suggests the request property is appropriate for residential
Providing a FIRST CHOICE Community Through Excellence in Public Service.
use of 7.01 units, per acre or more, the subject site has been developed as a Virginia
Power substation and a 150 foot communications tower and lies adjacent to a
Virginia Power high tension transmission line. The tower site conforms to the siting
criteria of the Public Facilities Plan and Guidelines for Review of Substantiai Accord
Detenninations and/or Zoning Approval for Communications Tower Locations
which suggest that communications towers should generally be located away from
areas of anticipated residential development and grouped with other energy and
communications facilities in remote locations.
The recommended conditions will minimize the possibility of any adverse impact on
area development, the Chesterfield County Communications 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. 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 Plarming Department for approval in conjunction
with final site plan review. (P)
(STAFF/CPC) 3.
The tower and equipment shall be designed and installed so as not to
interfere with the Chesterfield County Commtmications System. At
the time of site plan review, the owner/developer shall submit
information as deemed necessary by the Chesterfield County
Communications mad 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)
2 02SN0305-OCT23-BOS
(STAFF/CPC) 4.
The developer shall be responsible for correcting any frequency
problems which affect the Chesterfield County Commurfications
System caused by this use. Such corrections shall be made
immediately upon notification by the Chesterfield County
Communications and Electronics staff. (OS)
(STAFF/CPC) 5.
The color, and lighting system and design for thc tower shall be as
follows:
The tower shall be gray or another neutral color, acceptable to
the Planning Department.
b. The tower shall not be lighted.
c, The tower shall be of a monopole structure.
The antenna(s) on the tower shall be limited to "flush
mounted" antenna(s) as depicted in the elevations on the plan
entitled Sprint PCS, Comprehensive Site Plan, Site ID No.
RI13XC171E, Stone Henge/VEPCO and dated 10/16/01. (P)
(STAFF/CPC) 6.
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) 7.
In conjunction with the approval of this request, a forty-nine (49) foot
exception to the 150 foot height limitation shall be granted. (P)
PROFFERED CONDITION
(STAFF/CPC)
On the anniversary of the issuance ora building permit to construct the tower
each year, the Developer will provide the County with written proof that the
non-ionizing electromagnetic radiation emitted form its wireless
conunnnications equipment located on the tower complies with ground level
exposure standards established by the Federal Communications Commission.
(P)
GENERAL INFORMATION
Location:
Offthe north line of Walmart Way, north of Midlothian Turnpike. Tax ID 735-709-5944
(Sheet 6).
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Existing Zoning:
0-2 with Conditional Use Planned Development
Size:
13.3 acres
Existing Land Use:
Commercial
Adiacent Zoning and Land Use:
North, East and West ~ A; Single family residential or vacant
South - 0-2 with Conditional Use Planned Development and A; Vacant
UTILITIES
The proposed use will not necessitate a manned facility; therefore, the use of the public water and
wastewater systems is not required.
ENVIRONMENTAL
Drainaffe and Erosion:
If construction of the tower disturbs more than 2,500 square feet of land area, a land
'disturbance permit must be obtained from the Environmental Engineering Department.
PUBLIC FACILITIES
Fire Service and Transportation:
The proposed tower and associated equipment will have a minimal 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. Tl~is 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 communications system; however, if this request is approved, a condition should
be imposed to insure that the tower is designed and constructed so as not to interfere with the
4 02SN0305-OCT23-BOS
County Communications System (Proffered Condition 3). In addition, once the tower is in
operation, if Interference occurs, the owner/developer should be required to correct any
problems. (Proffered Condition 4)
County Airport:
A preliminary rev/ew 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 Northern Area Land Use and
Transportation Plan which suggests the property is appropriate for residential use of 7.01
units per acre or ntore.
Area Development Trends:
The request property is located in an area characterized by single family residences on
acreage parcels, vacant land and eommeroial uses. It is anticipated that properties to the
north and east of the request site will eventually be zoned and developed for residential use,
in accordance with the Plan. Property to the south lies in the Midlothian Area Plan and is
designated for Suburban Commercial Use and has been developed for a Walmart and Sam's
Club.
On April 22, 1987, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezoning with Conditional Use Planned Development on
the subject property and adjacent property to the south (Case 87S010). With approval of
Case 87S010 uses on the subject property were limited to Office Business (O) and
Agricultural (A) uses.
On July 26, 1989, the Board of Supervi~or$~ upon a favorable recommendation from the
Planning Commission, approved an amendment to Case 87S010 to permit office warehouses
and an electric substation on the subject property. (Case 89SN0259)
On April 14, 1999, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved a Conditional Use to permk a eommurdeafions tower on the
request site. (Case 99SN0216)
5 02SN0305-OCT23-BOS
Development Standards:
Currently, the property lies within an Emerging Growth District Area. The Zoning
Ordinance specifically addresses access, landscaping, setbacks, parking, signs, buffers,
utilities and screening for developments within these areas. The purpose of the Emerging
Growth District Standards is to promote high quality, well-designed projects.
As noted herein, the request property is occupied by a Virginia Power substation and a 150
foot communications tower, both with access to Walmart Way and by a Virginia Power high
tension transmission line. Consistent with past actions on similar facilities, the base of the
tower should be secured with a fence to discourage trespassing (Condition 2). In addition to
the security fence, this condition would reqnire landscaping along portions of the fence
beyond that which is required by the Zoning Ordinance. Due to the proximity to Midlothian
Turnpike, the tower should be gray or another neutral color so as to minimize the visual
impact on motorists traveling along the roadway, and should not be lighted. In addition,
anteImas should be restricted to the "flush mounted" type. (Condition 5)
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 it does not become a
maintenance problem or an eyesore. (Condition 6)
In response to concerns of Mr. Gecker, the applicant submitted the Proffered Condition
which requires the developer to provide the County yearly written proof that the
electromagnetic radiation complies with the Federal Communications Commission standards
at ground level. It should be noted that the County will only receive the information and will
not be responsible for insuring compliance with FCC regulations.
CONCLUSIONS
The tower site conforms to the siting criteria of the Public Facilities Plan and Guidelines for Review
of Substantial Accord Determinations and/or Zoning Approval for Communications Tower
Locations which suggest that communications towers should generally be located away from areas of
anticipated residential development and grouped with other energy and communications facilities In
remote or industrial locations. Specifically, the request property is occupied by a Virginia Power
substation and an existing communications tower and lies adjacent to a Virginia Power high tension
transmission linc.
The recommcndcd conditions will minimize the possibility of any adverse impact on area
development, .the Chesterfield County Communications System or the County Airport.
Given these considerations, approval of this request is recommended.
6 02SN0305-OCT23-BOS
CASE I-~STORY
Planning Commission Meeting (9/18/02):
The applicant accepted the recommendation. There was no opposition present.'
In response to concerns from Mr. Gecker, the applicant offered the Proffered Condition.
On motion of Mr. Gecker, seconded by Mr. Cmlley, the Commission recommended approval
of this request subject to the conditions and acceptance of the Proffered Condition on pages 2
and 3.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, October 23, 2002, beginning at 7:00 p.m., will take under
consideration this request.
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