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15SN0645 CASE NUMBER: 15SN0645 APPLICANT: Cellco Partnership dba Verizon Wireless CHESTERFIELD COUNTY, VIRGINIA STAFF’SANALYSISMagisterial District: MIDLOTHIAN AND 13620 West Salisbury Road RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: JULY 22, 2015 BOS Time Remaining: 365 DAYS Applicant’s Agent: JEFFREY GEIGER (804-771-9557) Applicant’s Contact: MELISSAHARRELD (804-892-0310) Planning Department Case Manager: RYAN RAMSEY (804-768-7592) APPLICANT’S REQUEST Conditional use to permit a communications tower (data node antenna) in a Residential (R-40) District. An antenna (data node/small cell) mounted onan existing maintenance building within the Salisbury Country Club is planned. (NOTES: A. Conditions may be imposed or the property owner may proffer conditions. B. Proffered 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 effectsof radio frequency emissions.) RECOMMENDATION PLANNING RECOMMEND APPROVAL COMMISSION (6/16/2015) RECOMMEND APPROVAL Complies with Comprehensive Plan STAFF Consistent with Telecommunications Tower Siting Policy criteria Providing a FIRST CHOICE community through excellence in public service SUMMARY OF IDENTIFIED ISSUES DepartmentIssue PLANNING- FIRE- CDOT- VDOT- UTILITIES- ENVIRONMENTAL - ENGINEERING 215SN0645-2015JUL22-BOS-RPT 315SN0645-2015JUL22-BOS-RPT Map 2: Comprehensive Plan Classification: LOW DENSITY RESIDENTIAL The designation suggests the property is appropriate for low density residential uses (maximum of one (1) dwelling per acre). Map 3: Surrounding Land Uses & Development Maintenance Building Salisbury Country Club Single-family West Salisbury Rd residential uses 415SN0645-2015JUL22-BOS-RPT PLANNING Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov PROPOSAL An antennae (data node/small cell) mounted to an existing maintenance building within the Salisbury Country Club is planned. This proposal consists of a cylindrical antenna, approximately fifteen (15) inchesin diameter and two (2) feet in height, top-mounted onto aneleven (11) foot stealth chimney mounted on the side of maintenance building. To minimize visibility, the antenna will be paintedto match the exterior of the building. (Proffered Condition 2.b.) 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 areas designated for residential development, 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 has scheduled a public hearing to consider this amendment for June 16, 2015. 515SN0645-2015JUL22-BOS-RPT The following provides an overview of proffered conditions to mitigate the impact of the tower on area properties: General Overview Requirements Details Not permitted, unless otherwise required by applicable (federal or state) law Signage Proffered Condition 1 Policy Located on existing building, as shown on Attachment 2 Designed as shown on Attachment 3 Painted to match existing building Location, Design, Colorand Lighting Lighting not permitted Limited to 1 antenna Proffered Condition 2 Plan and Ordinance External mechanical equipment screened per ordinance Screening Proffered Condition 3 Policy Provide certification prior to use Structural Integrity Proffered Condition 4 Policy Not to exceed 3.5 feetabove the peak of the roofline Height Proffered Condition 5 Required if use ceases for more than 3 consecutive months Removal Proffered Condition 6 Policy As proffered, the proposed communications tower complies with the Comprehensive Planand is consistent with the Telecommunications Tower Siting Policyand Ordinance criteria. 615SN0645-2015JUL22-BOS-RPT PUBLIC FACILITIES FIRE SERVICE Staff Contact: Anthony Batton (804-717-6167) BattenA@chesterfield.gov Nearby Fire and Emergency Medical Service (EMS)Facilities Fire Station The Bon Air Fire Station, Company Number 4 EMS Facility The Bon Air Fire Station, Company Number 4 This request will have minimal impact on fire and EMS. COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804-748-1037)banksj@chesterfield.gov The Comprehensive Plan, 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 has no comment on this case. No right-of-way impacts as the Summary communications equipment will be installed on private property. 715SN0645-2015JUL22-BOS-RPT COUNTY COMMUNICATIONS Staff Contact: Robert Vest (804-717-6950) vestr@chesterfield.gov The system installation may be approved when meeting the standard conditions regarding interference to Chesterfield County Radio and Microwave Systems. COUNTY AIRPORT Staff Contact: Jeremy Wilkinson (804-768-7700) wilkinsonj@chesterfield.gov This request will have no impact on the County Airport. WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov The proposal’s impacts on the County’s utility system are detailed in the chart below: Water and Wastewater Systems Currently Sizeof Existing LineConnection Required by County Code? Serviced? WaterYes 8” Yes WastewaterYes 12”Yes 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 no comment on this request. 815SN0645-2015JUL22-BOS-RPT CASE HISTORY Applicant Submittals 4/3/15Application and proffers submitted 5/29/15Revised proffers were submitted Community Meeting 3/16/15Issues Discussed Midlothian Planning Commissioner, applicant, agentand staff attended this meeting at the Salisbury Country Club Location, size and shape of antenna Coverage provided by the antenna Planning Commission Meeting 6/16/15 Citizen Comments No citizens spoke to this case. Commission Discussion The Commission noted their support for this case: Community meeting was conducted No opposition to request Request is in accordance with Policy and pending small cell ordinance Recommendation – APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion:WallerSecond: Brown 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. 915SN0645-2015JUL22-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS Note: “STAFF/CPC” –Recommended by both staff and Planning Commission 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. (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 (data node antenna) shall be as follows: a.The communications tower shall be a small cell/data node structure mounted on the side of an existing building, generally as located on Attachment 2 and designed on Attachment 3. b.The components of the small cell equipment shall be concealed inside a stealth chimney and have a durable finish color that matches the building upon which it is located, as approved by the Planning Department. The finish color of the stealth chimney shall be maintained to address fading, flaking, or other finish issues, as determined by the Planning Department, to include matching any repainting of the building upon which it is mounted. c.The communications tower (data node antenna) shall not be lighted. (P) d.A maximum of one (1) antenna is located on the building. (P) (STAFF/CPC)3. Other than the data node antenna, any external mechanical equipment shall comply with the Zoning Ordinance relative to screening of mechanical equipment in O, C and I Districts. (P) (STAFF NOTE: The Zoning Ordinance requires the screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way.) (STAFF/CPC)4. Prior to use of this communications tower (data node antenna), the owner of the communications tower (data node antenna) shall obtain 1015SN0645-2015JUL22-BOS-RPT approval of the structural integrity by a registered professional engineer licensed in Virginia and a copy of the report filed with the Planning Department. (P) (STAFF/CPC)5. The communications tower (data node antenna), located on the side of an existing building, shall not exceed a height of 3.5 feet above the peak of the roof line. (P) (STAFF/CPC)6. At such time that the communications tower (data node antenna) ceases to be used for communications purposes for three (3) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) 1115SN0645-2015JUL22-BOS-RPT ATTACHMENT 2 SITE LAYOUT 1215SN0645-2015JUL22-BOS-RPT ATTACHMENT 3 DATA NODE/SMALL CELL ANTENNA ELEVATION 1315SN0645-2015JUL22-BOS-RPT ATTACHMENT 4 PHOTO SIMULATION 1415SN0645-2015JUL22-BOS-RPT