15SN0639
CASE NUMBER: 15SN0639
APPLICANT: Rebecca Hunter - NewPath Networks LLC
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: MATOACA
Vicinity of 21006 Chesterfield Avenue
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
JULY 22, 2015
BOS Time Remaining:
46 DAYS (See Note D, below)
Applicant’s Contact:
REBECCA HUNTER
(425-591-9356)
Planning Department Case Manager:
ROBERT CLAY (804-796-7122)
APPLICANT’S REQUEST
Conditional use to permit a communications tower (data node antenna) in a Neighborhood
Business (C-2) District
An antenna (data node/small cell) mounted atop a utility/light pole in Virginia Department of
Transportation right-of-way, and associated equipment, has been erected without the requisite
conditional use approval. The applicant is seeking zoning approval to permit this facility to
remain.
(NOTES: A. Conditions may be imposed or the property owner may proffer conditions.
B. Conditions are located in Attachment 1.
C. Under the Federal Telecommunications Act, localities cannot regulate cell towers on the basis of
possible health or environmental effects of radio frequency emissions.
D. Federal Communications Commission (FCC) regulations provide a local government up to 150
days to decide local land use requests to establish telecommunications towers, unless additional
time is requested or agreed to by the applicant. This time encompasses both the Planning
Commission recommendation and the decision by the Board of Supervisors, without a specific
allotment for each.
E. IN ORDER FOR THE BOARD TO CONSIDER THIS REQUEST AT THEIR JULY 22, 2015 MEETING, A $1,000.00
DEFERRAL FEE MUST BE PAID PRIOR TO THE PUBLIC HEARING.)
RECOMMENDATION
PLANNING RECOMMEND APPROVAL
COMMISSION
(6/16/15)
RECOMMEND APPROVAL
STAFF
Providing a FIRST CHOICE community through excellence in public service
As conditioned the use complies withthe Public Facilities Plan,
an element of the Comprehensive Plan
As conditioned the proposal is consistent with the
Telecommunications Tower Siting Policy criteria
SUMMARY OF IDENTIFIED ISSUES
Department Issue
The Public Facilities Plan requires locations and designs that
conceal these facilities andminimize their visual impact
The pole-mounted mechanical equipment box is approximately
PLANNING
15.6 cubic feet. Recommended conditions reduce the size of this
equipment box so as to with minimize the visual impact.
(Condition 2.f.)
FIRE -
CDOT -
VDOT -
UTILITIES -
ENVIRONMENTAL
-
ENGINEERING
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Map 2: Comprehensive Plan (Ettrick VSU Special Area Plan)
Classification: RESIDENTIAL MIXED USE
The designation suggests the property is appropriate for a mix of higher density residential with office and/or commercial uses
integrated vertically or horizontally.
Map 3: Surrounding Land Uses & Development
Subject utility pole
Paine Street
VSU Trojan
Development LLC
Chesterfield Avenue
Private properties along
Chesterfield Avenue
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PLANNING
Staff Contact: Robert Clay(804-796-7122) clayr@chesterfield.gov
PROPOSAL
An antennae (data node/small cell) mounted to an existing utility/light pole within VDOT right-of-
way is planned.
This proposal consists of an omni antenna, approximately four (4) to five (5) feet in height, top-
mounted onto a utility/light pole. To minimize visibility, the antenna should be painted to
match the utility pole. (Condition 2)
PUBLIC FACILITIES PLAN
The Public Facilities Plan, an element of the Comprehensive Plan, encourages:
co-location on existing telecommunications towers, or
architectural incorporation into existing building features
Where co-location or architectural incorporation is not feasible, in high visibility areas, the Plan
suggests that towers should be located and designed to conceal these facilities to the greatest
degree feasible and minimize their visual impact.
TOWER SITING POLICY
The Policy establishes guidelines for design, setbacks and security. Elements of the Policy
applicable to the proposal are as follows:
Prohibits signs, except as required by state or federal guidelines
Provides for screening of ground mounted equipment
Requires certification of structural integrity
Requires removal when communications use ceases for more than twelve (12)
consecutive months
PENDING CODE AMENDMENT
Acknowledging small cells/data nodes are fast becoming a part of the telecommunications
landscape, and understanding the County has not directly addressed distinguishing between
small cells/data nodes and communications towers, the Planning Commission directed staff to
draft an Ordinance amendment to address where and under what circumstances these uses
might be allowed. The Planning Commission considered this amendment at their June 16, 2015
public hearing and has rendered a favorable recommendation. Staff will be requesting the
Board of Supervisors set a public hearing on this amendment in August 2015.
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The following provides an overview of conditions recommended to mitigate the impact of the
tower on area properties. Several of these conditions are consistent with draft
recommendations of the pending code amendment addressing small cells/data nodes:
General Overview
Requirements Details
Not permitted, unless otherwise required by
applicable (federal or state) law
Signage
Condition 1
Policy
Located on existing utility/ light pole, as shown on
Attachment 2
Designed as shown on Attachment 3
Painted to match utility/light pole
Lighting not permitted
Minimum utility/light pole height is twenty (20) feet
Antenna not to extend more than 10 feet above
Location, Design, Color and Lighting
height of the utility pole
Limited to one small cell/data node antenna per pole
Pole-mounted equipment not to exceed 7 cubic feet
in size
Antenna size not to exceed diameter of 16 inches
Condition 2
Plan and Ordinance
Ground-mounted mechanical equipment screened
per ordinance
Screening
Condition 3
Policy
Provide certification prior to use
Structural Integrity
Condition 4
Policy
Required if use ceases for more than 3 consecutive months
Removal
Condition 5
As conditioned, the proposed communications tower (small cell/data node) complies with the
Comprehensive Plan and is consistent with the Telecommunications Tower Siting Policy and
Ordinance criteria.
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Ettrick Fire Station, Company Number 12
EMS Facility The Ettrick-Matoaca Volunteer Rescue Squad
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
The ComprehensivePlan, which includes the Thoroughfare Plan, identifiescounty-wide
transportation needs that are expected to mitigate traffic impacts of future growth. The
anticipated traffic impact of the proposal has been evaluated and it is anticipated to be
minimal.
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
VDOT Land Use Regulations
-
Traffic Impact Analysis (24VAC30-155)
-
Access Management (24VAC30-73)
-
Subdivision Street Acceptance (24VAC30-91/92)
-
Land Use Permit (24VAC30-151)
VDOT acknowledges the utility installation
on existing poles within state maintained
rights-of-way. Correspondence dated
Summary March 13, 2015 was provided to Planning
Staff authorizing the installation through
the issuance of a Department Land Use
Permit.
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WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
Theproposal’s impacts on the County’s utility system are detailed in the chart below:
Water and Wastewater Systems
Currently Size of Existing LineConnection Required by County Code?
Serviced?
Water No 12”No
Wastewater No 8”No
Additional Information:
The proposed request will not impact the public water and wastewater systems.
ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Doug Pritchard (804-748-1028) pritchardd@chesterfield.gov
Environmental Engineering has not comment on this request.
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CASE HISTORY
Applicant Submittals
3/11/15 Application submitted
Applicant/Staff Meeting
Issues Discussed
Size of mechanical equipment cabinets on poles
5/28/15
Limitations of being located in public right-of-way
Possibility of providing smaller cabinets
Planning Commission Meeting
5/19/2015 Citizen Comments
No citizens spoke to this case
Commission Discussion
Dr. Wallin explained his intent to defer this case at the request of the
applicant for thirty (30) days to permit the applicant to meet with staff to
resolve issues.
Action –DEFERRED TO JUNE 16, 2015
Motion: Wallin Seconded: Patton
Ayes: Gulley, Waller, Brown, Patton and Wallin
6/16/15Citizen Comments:
No one spoke to this request
Commission Discussion
Dr. Wallin noted the recommended conditions are consistent with the
proposed code amendment for small cells and guidelines for the Ettrick
VSU Special Area Plan.
APPROVAL SUBJECT TO THE CONDITIONS IN
Recommendation –
ATTACHMENT 1
Motion: Wallin Second: Patton
AYES: Gulley, Waller, Brown, Patton and Wallin
The Board of Supervisors on Wednesday, July 22,2015, beginning at 6:30 p.m., will consider
this request.
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ATTACHMENT 1
CONDITIONS
Note:
“STAFF/CPC” – Recommended by both staff and Planning Commission
(STAFF/CPC)1. There shall be no signs permitted to identify this use other than
those required by applicable law and regulation. (P)
(STAFF/CPC)2.The color, design and lighting system for the communications
tower (small cell/data node antenna) shall be as follows:
a. The communications tower shall be a small cell/data node
antenna mounted onto the top of a utility (light) pole,
generally as located on Attachment 3 and designed on
Attachment 2. Such street light or utility pole shall be a
minimum of twenty (20) feet in height;
b. The components of the small cell equipment shall have a
durable finish color that matches the utility pole upon
which it is located, as approved by the Planning
Department. The finish color shall be maintained to
address fading, flaking, or other finish issues, as
determined by the Planning Department, to include
matching any repainting of the utility structure upon which
it is mounted.
c.The communications tower (small cell/data node antenna)
shall not be lighted.
d. Antenna and mounting device together do not exceed a
height of ten (10) feet above the pole/structure;
e. A maximum of one (1) antenna is located on the pole.
f.Pole-mounted mechanical equipment shall not exceed
seven (7) cubic feet in size.
g. Antenna does not exceed a diameter of 16 inches. (P)
(STAFF/CPC)3. Other than the small cell/data node antenna, any ground-
mounted mechanical equipment shall comply with the Zoning
Ordinance relative to screening of mechanical equipment in O, C
and I Districts. (P)
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(STAFF NOTE: The Zoning Ordinance requires the screening of
mechanical equipment located on a building or ground from
adjacent properties and public rights of way.)
(STAFF/CPC) 4. Prior to use of this communications tower (small cell/data node
antenna), the owner of the communications tower (small
cell/data node antenna) shall obtain approval of the structural
integrity of the light/utility pole by a registered professional
engineer licensed in Virginia and a copy of the report filed with
the Planning Department. (P)
(STAFF/CPC) 5. Antenna and equipment shall be removed after three (3) consecutive
months of non-use. (P)
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ATTACHMENT 2
ELEVATION
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ATTACHMENT 1
PHOTO
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