02SN0217-NOV26.pdfApril 16,2002 GRG
iRerP 2002 rnn - -
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November 26; 2002 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SNO217
Verizon Wireless
Matoaca Magisterial District
Northwest quadrant of River and Trents Bridge Road
REQUEST: (AMENDED) Conditional Use Planned Development to permit a temporary
communications tower plus setback exceptions in an Agricultural (A) District,
PROPOSED LAND USE:
Antennae for cellular communications and associated improvements are planned.
Specifically, installation of a cell on wheels (COW) mobile trailer with a temporary'
guyed tower is proposed (Proffered Condition 1). The applicant is requesting the
approval be granted for one (1) year. (Proffered Condition 4)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2 AND
ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 1
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. This request is not in compliance with the Public Facilities Plan which suggests that
communication towers should generally be located away from existing or planned
areas of residential development. The request property lies in an area designated by
the Southern and Western Area Plan for residential development and is directly ,
adjacent to, and in close proximity of, existing residential development.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
B. The request is not in compliance with the Guidelines for Review of Substantial<
Accord Determination and/or Zoning Approval for Communication Tower Locations
which suggest that if a tower is to be located in the vicinity of residential areas, it
should either be architecturally incorporated in the design of an existing structure,
such as a church or office building; possess design features that mask the utilitarian
nature of the tower; or be located as remotely as possible from existing or planned
areas of development or other high visibility areas and on property that is densely
wooded with mature trees. A more remote location would, be appropriate.
(NOTES: 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.)
CONDITION
(CPC) In conjunction with the granting of this request, the following exceptions shall be
granted:
A. A sixty-six (66) foot exception to the 100 foot front yard setback
requirement; and
B. A twenty (20) foot exception to the twenty (20) foot corner side yard setback
requirement. (P)
PROFFERED CONDITIONS
The property owner/applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of
Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its
successors or assigns, proffer that the property under consideration will be developed according to
the following proffers if, and only if, the rezoning request submitted herewith is granted with only
those conditions agreed to by the owner/applicant. In the event this request is denied or approved
with conditions not agreed to by the owner/applicant, the proffers shall immediately be null and void
and of no further force or effect.
(CPC) 1, This conditional use shall permit a cellular tower on wheels ("COW") only
and the COW and related equipment shall be of the type and in the location
as shown on the plans filed with this request entitled "Lake Chesdin C.O.W.
Site, 10501 River Road, Matoaca, VA, Chesterfield County", prepared by,
Clark Nexsen and dated September 13, 2002, revised September 25, 2002.
(P)
(CPC) 2. The tower and equipment shall be designed and installed so as not to interfere
with the Chesterfield County Communications System. Upon site plan
2 02SNO217-NOV26-BOS
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 approved by,
the Chesterfield County Communications and Electronics staff. (GS)
(CPC) 3. The developer shall be responsible for correcting any frequency problems
which affect the Chesterfield County Communications System caused by this
use. Such corrections shall be made immediately upon notification by the
Chesterfield County Communications and Electronics staff. (GS)
(CPC) 4. This conditional use shall automatically expire one (1) year from the date of
approval by the Board of Supervisors. (P)
(CPC) 5. The trailer shall be off white and the tower shall be sky blue. (P)
(CPC) 6. There shall be no signs permitted to identify this use. (P)
(CPC) 7. Any building or mechanical equipment shall comply with Section 19-595 and
19-570 (b) and (c) of the Zoning Ordinance relative to architectural treatment
of building exteriors and. screening of mechanical equipment. (P)
(Staff Note: Section 19-570(b) and (c) would require the 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.)
(CPC) 8. The tower shall not be lighted. (P)
(CPC) 9. The COW mobile trailer and equipment shelter shall be enclosed by a
minimum six (6) foot high black or green vinyl -clad fence with slats to match
and designed to preclude trespassing and to assist in the screening provided in
Condition 7. A detailed plan depicting this requirement shall be submitted to
the Planning Department for approval in conjunction with final site plan
review. (P)
GENERAL INFORMATION
Location:
Northwest quadrant of the intersection of River and Trents Bridge Roads. Tax ID 754-624-
6621 (Sheet 40).
3 02SN0217-NOV26-BOS
Existing Zoning:
Agricultural (A)
Size:
3.7 acres -
Existing Land Use:
A 200 foot tower and associated improvements.
Adiacent Zoning and Land Use:
North A; Single family residential
South -A, A with Special Exception and R-15; Single family residential
East - A; Single family residential
West - A; Single family residential
UTILITIES
The proposed use will not necessitate a manned facility;; therefore, the use of the public water and
wastewater systems is not required.
ENVIRONMENTAL
Drainage and Erosion:
If the tower installation and construction of associated improvements disturbsmore than
2,500 square feet of land, a land disturbance permit will be required.
PUBLIC FACILITIES
Fire Service and Transportation:
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 locating the tower on the request property. .
4 02SI`10217-NOV26-BOS
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 County's
Communications System (Proffered Condition 2). In addition, once the tower is in operation, if
interference occurs, the owner/developer should be required to correct any problems.. (Proffered
Condition 3)
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 1 to 5
acre lots.
The Public Facilities Plan, an element of the Comprehensive Plan, suggests that
communications uses should be located in areas so as to minunize impacts on existing and
future areas of development and to reduce impacts on adjacent planned or existing residential
development in industrial, commercial or remote areas. In addition, the Plan suggests that
communications towers should be generally located away from areas of high visibility or -
otherwise be designed to minimize the visual impact.
Area Development Trends:
The request property is located in an area characterized by single family residences located
along River Road and in Westfield, Flintshire, Chesdin Park and Trents Farm Subdivisions.
It is anticipated that properties in the vicinity.of the request site will continue to be developed
for residential uses as suggested by the Southern and Western Area Plan.
Site Design and Architecture:
A 220 foot tower exists on the request property. The applicant's original application
requested approval to extend the existing tower to285 feet to locate private cellular antenna.
The existing tower was constructed in 1957. The tower is a non -conforming use and cannot
be expanded or structurally altered without a Conditional Use. The amended application
requests approval to locate a cell on wheels (COW) mobile trailer with a temporary guyed
tower on the request property for one (1) year. (Proffered Conditions 1 and 4)
5 02SN0217-NOV26-BOS
It should be noted that the applicant's have filed a new application for a Conditional Use
Planned Development seeking approval to locate their antennae on the existing tower. This .
case is tentatively scheduled for the Commission's consideration in November.
The request property lies within an Emerging Growth Development Area The Zoning
Ordinance specifically addresses access, landscaping, setbacks, parking, signs, buffers,
utilities and screening for developments within these areas in order to promote high quality,
well-designed projects. Because the request property is zoned Agricultural (A), development
would not be required to meet the standards for an Emerging Growth Area, however, the
applicant has proffered that architectural treatment of building exteriors and screening of
mechanical equipment will be accomplished in accordance with Ordinance requirements. .
(Proffered Condition 7)
Dwellings within 2,000 feet of the tower are shown on the Attachment. It is important to
note that residential structures on this map were placed according to aerial photographs taken
in 1994 and therefore may not fully represent all the structures in the area. As such, the
request property does not conform to the tower siting criteria. The County guidelines suggest
that towers should be located as remotely as possible from existing or planned areas of
development or other high visibility areas. ,Typically, such placement would be in the
vicinity of stream beds or Resource Protection Areas (RPA) that generally define the edge of
future residential developments. These wooded areas provide appropriate separation and
screening from future residential neighborhoods.
Traditionally, permitted tower heights are restricted in residential areas to approximately 199
feet because the FAA normally does not require lighting at that height. The amended
application no longer includes a request for a height exception because the temporary tower
is proposed at a height of approximately 128 feet. As previously stated, the FAA normally
does not require towers to be lighted which are restricted to below 200 feet in height; The
applicant has proffered that the proposed temporary tower will not be lighted. (Proffered
Condition 8)
Where towers are allowed in residential areas, provision of adequate buffers consisting of
mature vegetation has been required. The guidelines suggest that towers should be located
away from existing or planned areas of residential development and high visibility areas such as
major roads and that the view of the towers from these areas should be minimized. The criteria
suggests that wooded areas provide appropriate separation and screening from future residential
neighborhoods. In this case, the request site lacks sufficient vegetation or topographical
features to provide screening or mitigate views of the tower from these identified resources.
In fact, the proposed tower is located so close to existing roadways and adjacent residential
development, exceptions are requested to minimum setback. requirements from River and
Trents Bridge Roads to accommodate the guy wires for the temporary tower (Condition). A
more remote location would be appropriate.
Access to the tower site would be provided via an existing gravel drive from River Road.
Consistent with past actions on similar facilities, the applicant has proffered that the base of
6 02SNO217-NOV26-BOS
the tower will be secured with a fence to discourage trespassing (Proffered Condition 9). In
addition, the applicant has proffered that the fence will be aminimum six (6) foot highblack
or green vinyl -clad fence with slats to match to assist with screening as required by the
Ordinance and Proffered Condition 7. (Proffered Condition 9)
Consistent with past actions on other tower requests, the applicant has proffered that no signs
will be permitted to identify this use. (Proffered Condition 6)
The Tower Siting Guidelines suggest towers should be gray or another neutral color,
acceptable to the Planning Department. The applicant has proffered that the cell on wheels
(COW) mobile trailer will be white and the temporary guyed tower will be sky blue
(Proffered Condition 5). The proposed color scheme does not meet the Tower Siting
Guidelines.
Buffers and Screenine:
The request property is located within an area designated by the Plan for future residential -
development. The siting criteria suggests that the tower should be located as remotely as
possible from existing and/or planned residential development. The siting criteria provides
that typically such tower placement should be located in a wooded area in the vicinity of
stream beds or Resource Protection Areas (RPA) because these wooded areas can offer.
adequate buffers that will mitigate the view of the tower from high visibility areas.
Typically, a minimum 100 foot buffer of mature trees has been required to be. maintained
around the tower site. The screening proposed to meet the minimum Ordinance requirements
for screening of mechanical equipment will not mitigate views of the tower as are
recommended by the Plan and Tower Siting Guidelines.
CONCLUSIONS
The proposal fails to conform to the Public Facilities Plan and the Guidelines for Zoning Approval of
Communications Tower Locations.
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 residential development with 1 to
5 acre lots, suited for R-88 zoning. The area surrounding the property has experienced a significant
amount of residential development. It is anticipated that this development pattern will continue in
accordance with the adopted Plan. The Public Facilities Plan suggests that towers be located in areas
designated on the adopted Plan for general commercial, general industrial and agricultural/forestal
use. Specifically; the Plan provides that towers should generally be located away from existing or
planned areas of residential, recreational and similar types of development.
The Public Facilities Plan and the Guidelines for Review of Tower Locations indicate that views of
towers from existing or planned areas of residential development should be minimized. If located in
a high visibility area, the tower should be architecturally incorporated in the design of an existing
structure, such as a church or office -building, or possess design features that mask the utilitarian
7 02SNO217-NOV26-BOS
nature of the tower. Otherwise, the tower should be located as remotely as possible from existing or
planned areas of development or other high visibility areas and on property that is densely wooded
with mature trees. The proposed temporary tower will be located approximately 120 feet from both
River and Trents Bridge Roads. There are a significant number of dwellings in proximity of the
proposed tower.
Given these considerations, denial of the request is recommended.
CASE HISTORY
Planning Commission Meeting (4/16/02):
At the request of the applicant, the Commission deferred this case to June 18, 2002.
Staff (4/17/02):
The applicant was advised in writing that any new or revised information should be
submitted no later than April 22, 2002, for consideration at the Commission's June 18, 2002,
public hearing. Also, the applicant was advised that a $150.00 deferral fee must be paid prior
to the Commission's hearing.
Applicant and Staff (4/30/02):
The applicant met with staff to discuss the possibility of co -locating their antenna on an
existing County -owned tower.
Applicant (5/3/02):
The deferral fee was paid.
Applicant, Staff and Matoaca District Commissioner (5/14/02):
The applicant met with staff and the Matoaca District Commissionerto discuss issues related
to co -locating the applicant's antenna on an existing County -owned tower.
Staff (5/24/02):
To date, no new information has been received.
8 02SN0217-NOV26-BOS
Planning Commission Meeting (6/18/02):
At the request of the applicant, the Commission deferred this case to September 17, 2002,
Staff (6/19/02):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than July 15, 2002, for consideration at the September 17, 2002, public
hearing. Also, the applicant was advised that a $150.00 deferral fee must be paid prior to the
Commission's September public hearing.
Staff (8/19/02):
To date, no new or revised information has been received nor has the deferral fee been paid.
Applicant (9/16/02):
The deferral fee was paid.
Applicant (9/16/02)i
The application was amended to withdraw the request for a Conditional Use to permit
extension of an existing tower on the property and to seek approval for a cell on wheels
(COW). Proffered Conditions and a revised site sketch and elevations were submitted.
Planning Commission Meeting (9/17/02):
The Commission acknowledged withdrawal of a companion substantial accord case
(02PD0246). At the request of the applicant, the Commission deferred this case:to October
15, 2002.
Staff (9/18/02):
The applicant was advised in writing that any new or revised informationshould be
submitted no later than September 23, 2002, for consideration atthe October 15, 2002, public
hearing. Also, the applicant was advised that a $240.00 deferral fee must be paid prior to the
Commission's October public hearing.
9 02SNO217-NOV26-BOS
Applicant (9/26/02):
Revisions as discussed herein were submitted.
Planning Commission Meeting (10/15/02):
The applicant did not accept staff's recommendation, but did accept the Commission's
recommendation.
No one spoke in support of, or in opposition to, the request.
Mr. Stack stated that while he recognized the request site did not meet the current County
policy for tower siting, cellular coverage in the area in inadequate. He added that since the
request included a provision that the approval would expire in one (1) year, he was
supportive of the request as a short-term solution and suggested that in the interim the
County's tower policy be reviewed relative to the appropriate location, of towers in the
Matoaca District to assist in the location of a suitable site to serve cellular needs in the area.
Messrs. Gulley and Cunningham indicated that they did not feel they could support arequest
for a permanent tower at this location.
On motion of Mr. Stack, seconded by Mr. Gulley, the Commission recommended approval
of this request subject to the Condition on page 2 and acceptance of the proffered conditions
on pages 2 and 3.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, November 26, 2002, beginning at 7:00 p.m., will take
under consideration this request:
10 02SNO217-NOV26-BOS '
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