14SN0574CASE MANAGER: Robert Clay
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B S Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
14SN0574
Verizon Wireless
Clover Hill Magisterial District
8710 Hull Street road
~ "~~'~~ (1 lac
September 17, 2014 BS
REQUEST: Conditional use approval to permit a communications tower in an Agricultural
(A) District.
PROPOSED LAND USE:
A 134-foot communications tower and associated improvements are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend denial for the following reason:
The proposed tower location does not comply with the Public Facilities Plan, a component of
the Comprehensive Plan, which suggests that communications towers should not be located
in areas suggesting residential and/or office uses unless they are designed to conceal the
facilities to the greatest degree feasible and nuriinuze their visual impacts. The tower is
proposed in a high visibility area, but is not architecturally incorporated into existing buildings
or of a stealth design, nor located so as to ensure sufficient vegetation is preserved to miriinuze
visual impacts.
(NOTES: A. CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER
MAY PROFFER CONDITIONS. CONDITIONS NOTED "CPC" ARE
RECOMMENDED BY THE PLANNING COMMISSION.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
B. UNDER THE FEDERAL TELECOMM[_JNICATIONS ACT,
LOCALITIES CANNOT REGULATE CELL TOWERS ON THE BASIS
OF POSSIBLE HEALTH OR ENVIRONMENTAL EFFECTS OF
RADIO FREQUENCY EMISSIONS.)
PROFFERED CONDITIONS
The property owner and 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
themselves and their successors or assigns, proffer that the property under consideration (the
"Property") 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 and
applicant. In the event this request is denied or approved with conditions not agreed to by the
owner and applicant, the proffer shall immediately be null and void and of no further force or
effect.
(CPC) 1. There shall be no signs permitted to identify this use. (P)
(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 strictures from adjacent properties. A detailed plan
depicting this requirement shall be submitted to the Planning Department
for approval in conjunction with final site plan review. (P)
(CPC) 3. The color, design and lighting system for the tower shall be as follows:
a. 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 stricture with flush mounted
antennas.
d. Any satellite dish and microwave dish antennas attached to the
telecommunications tower shall not exceed six (6) feet in diameter
and shall be of a neutral color with no logos. (P)
2 14SN0~74-2014SEP 17-BOS-RPT
(CPC) 4. Any building or mechanical equipment shall comply with the Zoning
Ordinance relative to architectLiral treatment of building exteriors and
screening of mechanical equipment in O, C and I Districts. (P)
(NOTE: The Zoning Ordinance requires 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) 5. Prior to use of this telecommunications tower, the owner of the tower shall
obtain approval of the stnictural integrity by a registered professional
engineer licensed in Virginia and a copy of the report filed with the
Planning Department. (P)
(CPC) 6. The tower shall not exceed a height of 134 feet. (P)
(CPC) 7. 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)
(CPC) 8. A thirty (30') foot tree preservation area shall be provided along the rear
property line of the Property (the "Preservation Area"). Such area shall
comply with the requirements of the Zoning Ordinance for buffers less
than fifty (50) feet. (P)
GENERAL INFORMATION
Location:
The request property is located on the northwest line of Hull Street Road, south of
Broadstone Road and is better known as 8710 Hull Street Road. Tax IDs 756-690-Parts of
3839-00001 and 3839-00002.
Existing Zonin
A
Size:
.8 acre
Existing Land Use:
Vacant
3 14SN0~74-2014SEP 17-BC1S-RPT
Adj acent Zoning and Land Use:
North, South, East, and West - A; Public/senu-public (Church), library, single family
residential or vacant
UTILITIES; PUBLIC FACILITIES; AND COUNTY TRANSPORTATION
This request will have no impact on these facilities.
ENVIRONMENTAL
The property drains across county owned property occupied by the LaPrade Library. The
applicant will need the consent of the county if drainage improvements are needed to discharge
in the direction of the county property. This would be accomplished by a license agreement to
be approved by the Board of Supervisors.
COUNTY COMM[_]NICATIONS
The Zoning Ordinance requires that any stricture 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 constriction of the communications tower.
COUNTY AIIZPORT
A preliminary review of this proposal indicates that, given the approximate location and
elevation of the proposed installation, there will be no adverse affect on the County Airport.
LAND USE
Comprehensive Plan:
The request property lies within the boundaries of the Route 360 Corridor Plan which
suggests the property is appropriate for mixed use corridor use. A mixture of uses to
include residential developments incorporating high quality architectural features and site
amenities and using "cluster" designs to maintain open space (up to 6 units/acre), and
Corporate Office (0-2) uses are uses suggested as appropriate by the Plan.
The Public Facilities Plan, an element of the Comprehensive Plan, encourages co-location
on existing telecommunications towers rather than new freestanding strictures, or that a
tower should be architecturally incorporated into existing building features. Where co-
location or architectural incorporation is not feasible, in areas designated for residential
or office use, or high visibility areas, the Plan suggests towers should be located and
designed to conceal these facilities to the greatest degree feasible and minimize the visual
impact.
4 14SN0~74-2014SEP 17-BC1S-RPT
Area Development Trends:
The proposed tower is planned on property currently developed for church use. The church
also has plans to expand their facilities in the fiihire. The closest existing residence is
approximately 550 feet west of the proposed tower in the Bexley East subdivision. Area
properties to the north and south are zoned Agricultural (A) and are occupied by single-
family residential dwellings, are vacant (active site plan approval for church) and the
LaPrade library. Properties across Hull Street are zoned Agricultural (A).
Tower Design and Access:
The proposed 134-foot communications tower would be a monopole with flush mounted
antennas (Proffered Conditions 3 and 6 and Attachment 2). Although the property is
zoned Agricultural (A), the applicant has agreed to meet the architectural and screening
requirements for ground mounted equipment for development in O, C or I Districts.
(Proffered Condition 4)
Access to the tower site would be from Hull Street Road using the existing church
driveway and a proposed driveway extension from the church parking lot to the tower
site.
Tower Siting Policy and Comprehensive Plan Criteria:
The applicant has proffered conditions that would require the proposed tower to meet
criteria of the Telecommunications Tower Siting Policy. The Policy establishes
guidelines for design, setbacks and security. Elements of the Policy are as follows:
• Discourages sectored arrays in residential areas
• Limits size of satellite and microwave dish antennas
• Requires certification of stnictural integrity
• Requires setbacks from existing off-site dwellings, and public rights-of--way (not
withstanding Ordinance setback requirements)
• Prohibits signs, except as required by state or federal guidelines
• Requires security fence to preclude trespassing
• Provides for screening of tower base and ground mounted equipment
The tower is inconsistent with the locational criteria of the Comprehensive Plan. The
Plan criteria are noted below:
• Co-locate on existing strictures or architecturally incorporate into a building.
• If co-location or architectural incorporation is not feasible, consideration given to
areas of high visibility, residential and office areas if the tower is located and
designed to conceal the facility and minimize visual impact such as:
o Employing stealth design.
o Locating where natural features such as topography, streams or existing
forested areas are maintained and provide transition to existing and
anticipated residential development.
14SN0~74-2014SEP 17-BOS-RPT
Given the proposed location is in a highly visible area and in proximity to existing and
anticipated residential development, the Plan would suggest the tower be architectLirally
incorporated into a building or have a stealth design.
Tree Preservation Area:
The applicant has offered a condition that provides for a thirty (30) foot wide
"Preservation Area" along the western boundary of the church property (Proffered
Condition 8 and Attachment 1) with the intent of minimizing views from adjacent
properties to the northwest. As proffered, this area would comply with the standards of
the Zoning Ordinance for buffers of such width. A minimum planting specification
would be required. If sufficient vegetation already exists to meet Ordinance standards,
additional landscaping would not be required, except as may be necessary to replace dead
vegetation.
CONCLUSION
The proposed tower location does not comply with the Public Facilities Plan, a component of the
Comprehensive Plan. Located in a highly visible area of existing and anticipated residential
and/or office development, the proposal fails to conceal the facility through architectural
incorporation into existing buildings or the use of stealth design, and does not ensure sufficient
vegetation to nuninuze visual impacts..
Given these considerations, denial of this request is recommended.
CASE HISTORY
Applicant, Area Citizens, Staff and Clover Hill District Commissioner (7/7/14):
A community meeting was held to discuss this proposal.
Applicant (7/9/14 and 7/14/14):
Revised proffered conditions were submitted.
Planning Commission Meeting (7/22/14):
The applicant's representative did not accept staff's recommendation, but did accept the
Planning Commission's recommendation. There was support present noting that existing
area cell service is not reliable; the impacts of poor service on emergency response,
Ei 14SN0~74-2014SEP 17-BC)S-RPT
home-based businesses and home security systems; and the minimal visual impacts of the
tower balanced with improved cell service.
The Commission acknowledged the relocated tower site as presented was an
improvement over the original location which was closer to area residences. Mr. Gulley
noted a similar case for a tower on church property neighboring a residential community
where the applicant agreed to disguise the communications tower as a bell tower. He
questioned if a bell tower might be more appropriate on the request site and if the Bexley
community had been offered an opportunity to comment on this type of tower design.
The Commission ultimately agreed the proposed monopole design is less intrisive and
blends better in the area than a stealth stricture. They also acknowledged the
neighborhood support and the need for the tower.
On motion of Mr. Gulley, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3. They also
acknowledged the withdrawal of Proffered Condition 9, relative to bonding of
landscaping, which is covered in the Zoning Ordinance.
AYES: Messrs. Wallin, Patton, Brown, Gulley and Waller.
Board of Supervisor's Meeting (8/27/14):
At the request of the applicant, the Board deferred this case to September 17, 2014
Staff (8/28/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 2, 2014, for consideration at the Board's
September 17, 2014 public hearing.
The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the
Board's public hearing.
Staff (9/10/14):
To date, no new information has been received.
The Board of Supervisors, on Wednesday, September 17, 2014 beginning at 6:30 p.m., will take
under consideration this request.
7 14SN0~74-2014SEP 17-BOS-RPT
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