03SN0173-April23.pdf............. 3 CPC
April 23, 2003 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
03SN0173
(AMENDED)
Pyramid Site Acquisition Services
Matoaca Magisterial District
12116 Beach Road
REQUEST: (AMENDED) Conditional Use Planned Development to permit a communications
tower plus 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 AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 4.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. This request is not in compliance with the Public Facilities Plan which suggests that
communications towers should generally be located away fi'om existing or plam~ed
areas of residential development. The request property lies in an area designated by
.the Southern and Western Area Plan for residential development and in an area
where there is existing residential development.
B. The request is not in compliance with the Guidelines for Zoning Approval for
Communications Tower Locations which suggest that ifa tower is to be located in
Providing a FIRST CHOICE Community Through Excellence in Public Service.
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.
(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 PLANN1NG COMMISSION,)
PROFFERED CONDITIONS
The property owner and applicant (the "Owner/Developer") for the referenced case, for themselves
and their successors or assigns, proffer that development of the proposed telecommunications facility
on the property known as Chesterfield County Tax ID 741-653-0802 with an address of 12116 Beach
Road (the "Property") will be developed according to the following conditions if, mhd only if, the
requested conditional use planned development for the proposed telecommunications tower and
facility is approved by the Chesterfield County Board of Supervisors. In the event the request is
denied or approved with proffers or conditions not agreed to by the Owner/Developer, the proffers
shall immediately be null and void and of no further force or effect.
(CPC) t.
The tower and associated improvements shall be generally located as depicted
on the plan prepared by Draper Aden Associates known as Sprint PCS
Comprehensive Site Plan, Site ID No. Ri54XC020A, Bush Property, dated
August 17, 2002. (P)
(cpc)
2. There shall be no signs permitted to identify this use. (P)
(cpc)
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. In conjunction with site plan submission,
or prior to release of a building permit, whichever occurs first, a landscaping
plan depicting this requirement shall be submitted to the Planning
Department for review and approval. (P)
(cpc)
The tower and equipment shall be designed and installed so as not to interfere
with the Chesterfield County Communications System. At the time of site
plan review, the owner/developer shall submit information as deemed
necessary by the Chesterfield County Communications and Electronics staff'
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(CPC)
(CPC)
(CPC)
(CPC)
(CPC)
to determine if an engineering study should be pe~Yonned to m~alyze 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 ora
building permit the study, if required, shall be submitted to, and approved by,
the Chesterfield County Commtmications and Electronics staff. (GS)
The developer shall be responsible for correcting any fYequency 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)
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 Department.
b. The tower shall not be lighted.
c. The tower shall be a monopole structure. (P)
Any building or mechanical equipment shall comply with Section 19-570 (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 the screening of
mechanical equipment located on the building or ground from adjacent
properties and public rights of way. Screening would not be required tbr 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)
A minimum 100 foot buffer shall be maintained around the perimeter of the
tower site. Except for access and utilities, which may be extended generally
perpendicular through this buffer, existing healthy trees within this buffer
having a minimum caliper of 2.5 inches shall be maintained. These trees
shall be supplemented where necessary to minimize views of the tower and
associated equipment from adjacent properties and public rights of way.
Additional plantings shall consist of species of trees 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 a minimum density of
one (1) tree for each 300 square feet of cleared area. In conjunction with site
3 03SN0173-APR23-BOS
(CPC) 10.
Location:
plan submission, or prior to release of a building permit, whichever occurs
first, a landscaping plan depicting this requirement shall be submitted to the
Plmming Department for review and approval. (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)
GENERAL INFORMATION
North line of Beach Road, east of Buckhorn Road. Tax ID 774-638-Part of 4761 (Sheet 24).
Existing Zoning:
A
Size: (AMENDED)
2.6 acres
Existing Land Use:
Vacant
Adiacent Zonina and Land Use:
North, South, East and West - A; Single family residential or 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
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 Service:
The proposed tower and associated equipment will have a minimal impact on fire/rescue
services.
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Transportation:
The proposed development (communications tower) on the property will have a minimal
impact on the existing transportation network.
The request lies within a 200 acre parcel. The Thoroughfare Plan identifies a north/south
mai or arterial, with a recormmended right of way width of ninety (90) feet, extending through
that 200 acre parcel. The proposed alignment of this north/south arterial will not be in
conflict with the location of the proposed communications tower.
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.
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 ensure that the tower is designed and constructed so as not to interfere with the
Chesterfield Count5, Communications System (Proffered Condition 4). In addition, once the tower is
in operation, if interference occurs, the owner/developer should be required to correct any problems.
(Proffered Condition 5)
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, suited for R-88 zoning. Further, the Public Facilities Plan suggests that
conmaunications towers should be located away from existing or plmrned areas of residentiai
development.
Area Development Trends:
The request property is located in an area characterized by single family residences in
Crooked Creek and Quail Hollow Subdivisions and rural residential parcels along Beach and
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Qualla Roads. It is anticipated that properties in the vicinity of the request site will continue
to be developed for residential uses on relatively large lots, as suggested by the Plan.
Zoning History:
On December 12, 1984, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved a Conditional Use Planned Development on a one (1)
acre portion of the parent parcel, just to the east of the request property (Case 84S 19 I). Case
84S191 permitted a 400 foot communications tower for MCI Telecommunications Corp.,
only. There is not evidence this tower was ever erected; however, it would still be allowed
under the conditions of Case 84S 191 for MCI Telecommunications Corp., only.
Site Design:
The tower site is located approximately 2,000 feet off the north line of Beach Road and
approximately 2,300 feet off the east line of Qualla Road. The Thoroughfare Plan identifies
a north/south major arterial running through the parent parcel. While the exact location of
this arterial is not known, the proposed tower could be within 1,000 feet of the road. Access
to the site would be provided via a gravel drive from Beach Road. Consistent with past
actions on similar facilities, should this request be approved, the base of the tower should be
secured with a fence to discourage trespassing. (Proffered Condition 3)
Architectural Treatment:
Since the request property lies within an Emerging Growth Area, should this request be
approved, the architectural treatment of any structures should be required to comply with
those standards. (Proffered Condition 7)
Consistent with past actions on similar facilities, and to ensure that the tower does not
become a maintenance problem or an eyesore, should this request be approved, the tower
should be removed at such time that it ceases to be used for communications purposes.
(Proffered Condition 8)
Buffers and Screening:
Since the request property is located within an area designated by the Plan for future
residential development, the siting criteria suggests that specific measures should be taken to
minimize the impact on future residents. Consideration should be given to the fact that the
tower site is located in a wooded area, and as such, can offer adequate buffers that will
mitigate the view of the tower from high visibility areas. Historically, however, in areas
designated for future residential development, staff has encouraged to locate adjacent to, or
near, Resource Protection Areas (RPA). The applicant has agreed to maintain a 100 foot
buffer, supplemented with additional landscaping where necessary, around the perimeter of
the tower site. (Proffered Condition 9)
03SN0173-APR23-BOS
6
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 increasing
amounts 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/fbrestal
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 Zonin~ Approval of Communications 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 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. In areas of plmmed
residential areas, where towers are not incorporated into other structures, sites have been required to
be located adjacent to a Resource Protection Area (RPA) with a minimum of a 100 foot buffer of
mature trees. This Iocationat criteria somewhat minimizes the proximity of future developmem at
least where adjacent to the RPA. The tower site, while located an adequate distance from adjacent
roads, is not proposed to be incorporated in the design of an existing structure nor is it located
adjacent to an RPA. In addition, there are a number of dwellings in proximity of the tower.
Given these considerations, denial of this request is recommended. It should be noted, however, that
following work sessions with industry representatives, the Plamfing Commission has instructed staff
to draft amendments to the Siting Policy. Based upon those instructions if the amendments are
approved, this proposal would comply with the revised policy.
CASE HISTORY
Plmming Commission Meeting (12/17/02):
At the request of the applicant, the Conunission deferred this case to March 18, 2003.
7 03SN0173-APR23-BOS
Staff (12/18/02):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than January 13, 2003, for consideration at the Commission's March
18, 2003, public hearing. Also, the applicant was advised that a $140.00 defen:at fee must be
paid prior to the Commission's public hearing.
Applicant (2/21/03):
The applicant paid the $140.00 deferral fee. To date, no new information has been received.
Planning Commission Meeting (3/18/03):
The applicant did not accept staff's recormnendation, but did accept the Planning
Commission's recommendation.
There was support present. Those in support indicated the proposal would provide a much
needed service to the area, the owner has no plans to develop it residentially and that the
proposed use would allow income for the owner.
Mr. Stack noted that he hears about the lack of wireless coverage in this area and this
proposal should address that. He further noted that the proposal would conform to the
revisions currently proposed by the Commission to the Siting Policy. The Commission
acknowledged withdrawal of 197.9 acres.
On motion of Mr. Stack, seconded by Mr. Litton, the Commission recommended approval of
this request and acceptance of the proffered conditions on pages 2 through 4.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, April 23, 2003, begi~ming at 7:00 p.m., will take
under consideration this request.
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Z