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16SN0542 CASE NUMBER: 16SN0542 APPLICANT: AT&T Mobility CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSIS Magisterial District: MIDLOTHIAN 2620 Corner Rock Road AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: November 18, 2015 BOS Time Remaining: 344 DAYS Applicant’s Agent: PRESTON LLOYDE (804-420-6000) Applicant’s Contact: PAUL ROBNETT (804-217-8665) Planning Department Case Manager: ROBERT CLAY (804-796-7122) APPLICANTS’ REQUEST Conditional use to permit a communications tower in a Residential (R-25) District A 152-foot monopole communications tower and associated improvements are planned. Notes: Conditions may be imposed or the property owner may proffer conditions. A. Proffered conditions are in Attachment 1. B. Under the Federal Telecommunications Act, localities cannot regulate cell towers on the C. basis of possible health or environmental effects of radio frequency emissions. Approved Tentative Plan is in Attachment 3. D. RECOMMENDATION RECOMMEND APPROVAL Replacement tower rather than a new tower PLANNING COMMISSION Monopole rather than a stealth (monopine) design is more (9/15/2015) appropriate at this site Tree preservation will assist in minimizing tower visibility RECOMMEND DENIAL The use does not comply with the Public Facilities Plan, an STAFF element of the Comprehensive Plan As conditioned the proposal is consistent with the Telecommunications Tower Siting Policy criteria. Providing a FIRST CHOICE community through excellence in public service SUMMARY OF IDENTIFIED ISSUES Department Issue The Public Facilities Plan suggests communication towers be located and designed to conceal these facilities and minimize PLANNING their visual impact; when this is not feasible, stealth design is suggested. FIRE - CDOT - VDOT - UTILITIES - ENVIRONMENTAL - ENGINEERING 216SN0542-2015NOV18-BOS-RPT 316SN0542-2015NOV18-BOS-RPT Map 2: Comprehensive Plan Classification: LOW DENSITY RESIDENTIAL The designation suggests the property is appropriate for single family dwellings on lots of approximately 1 In addition, single family dwellings on lots smaller than 1 acre if useable open space is provided, is acre. appropriate under certain provisions. Map 3: Surrounding Land Uses & Development Wildwood Estates Subject Property Corner Rock Road Robious Road Roxshire 416SN0542-2015NOV18-BOS-RPT PLANNING Staff Contact: Robert Clay(804-796-7122) clayr@chesterfield.gov ZONING HISTORY Case Number BOS Action Request Approved 07SN0282 Rezoning to R-25 (04/2008) Administrative 09TS0126 Approval Tentative subdivision approval(Corner Rock, Phase II) (07/2013) The subdivision plan approved as Case 09TS0126 remains valid and could be recorded and the property developed accordingly (Attachment 3). Proffered Condition 1 would preclude the issuance of building permits for residential dwellings on subdivision lots within the subject propertyfollowing the issuance of a building permit for a communications tower. As such, some but not all of the lots may receive building permits prior to issuance of a building permit for the tower, rendering the remaining lots unbuildable and the subdivision incomplete. Staff would recommend that this proffer not be accepted. PROPOSAL A 152-foot communications tower is proposed adjacent to the Roxshire Subdivision to replace the co-location of antennas on an area water tank that is being decommissioned. 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. The visual presence and prominence of freestanding towers should be minimized by: Locating where natural features such as topography or forested areas exist and will be maintained. Obscuring or blocking views with other existing structures. Using stealth designs to disguise and camouflage the appearance so as to resemble other structures. Using a neutral color. Prohibiting lighting. 516SN0542-2015NOV18-BOS-RPT TOWER SITING POLICY The Policy establishes guidelines for design, setbacks and security. Elements of the Policy applicable to the proposal are as follows: Discourages sectored arrays in residential areas Limits size of satellite and microwave dish antennas Requires certification of structural 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 chart on the following page provides an overview of conditions offered by the applicant to mitigate the impact of the tower on area properties: 616SN0542-2015NOV18-BOS-RPT General Overview Requirements Details Precludes residential building permit after issuance of permit for a tower. Precludes building permit for a tower after issuance of Residential/Tower use residential building permit. Requires annotation on subdivision plat. Proffered Condition 1 Not permitted, unless otherwise required by applicable (federal or state) law Signage Proffered Condition 2 Policy Around base of tower Security Fence Proffered Condition 3 Policy No healthy trees to be removed except as needed to Tree Removal accommodate tower compound and access drive. Proffered Condition 4 Painted to match trees within tree canopy and to match sky above the trees Lighting not permitted Monopole Design, Colorand Lighting Antenna to be flush mounted No satellite or microwave dish over 6 feet in diameter Cables to be located insidethe pole Proffered Condition 5 Plan and Ordinance Ground-mounted mechanical equipment screened per ordinance Screening Proffered Condition 6 Policy Provide certification prior to use Structural Integrity Condition 7 Policy No more than 152 feet Height Proffered Condition 8 Required if use ceases for more than 3 consecutive Removal months Proffered Condition 9 As depicted on plans submitted with the application. Location Proffered Condition 10 As conditioned, the proposed communications tower complies with the Telecommunications Tower Siting Policy and Ordinance criteria, but does not comply with theComprehensive Plan. 716SN0542-2015NOV18-BOS-RPT 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 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 emergency medical services (EMS). COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov Staff Contact: Steve Adams (804-751-4461) adamss@chesterfield.gov This request will have minimal impact on the existing transportation network. VIRGINIA DEPARTMENT OFTRANSPORTATION 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) - Summary 816SN0542-2015NOV18-BOS-RPT 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 16”No Wastewater No NA 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 no comment on this request. 916SN0542-2015NOV18-BOS-RPT CASE HISTORY Applicant Submittals 07/07/15 Application submitted 08/20/15 Application amended 09/03/15 Revised proffers were submitted 09/14/15 Revised proffers were submitted 09/15/15 Revised proffers were submitted Community Meetings 08/17/15 Issues Discussed Use of property not controlled by applicant Commitment from multiple carriers to locateon tower Evidence of other sites considered Need for better service in the area Proximity to residential development Planning Commission Meeting 9/15/15 Citizen Comments Two citizens spoke in opposition to this case. Concerns expressed were relative to providing a stealth (monopine) design rather than a monopole or placing a limit on the number of monopoles on the site; visibility of the tower; and potential negative impact on area property values. Commission Discussion Mr. Waller noted the water tank, upon which the carriers are currently located, will be coming down. He suggested this is a replacement tower rather than a new tower; that a monopole at this location is more aesthetically pleasingthan a monopine; and that tree retention precludes timbering and provides better camouflage than buffers. Action – RECOMMENDED APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1. Motion: Waller Seconded: Brown AYES: Gulley, Waller, Brown, Patton and Wallin Board of Supervisors Meeting 10/28/15 Citizen Comments One citizen spoke in opposition to this case. Concerns were expressed relative to visibility of the tower and potential negative impact on area property values. Commission Discussion Mr. Gecker indicated his intent to defer thecase to allow notification of the River Oaks Home Owners’ Association. 1016SN0542-2015NOV18-BOS-RPT Action – DEFERRED TO NOVEMBER 18, 2015. The Board of Supervisors on Wednesday, November 18, 2015, beginning at 6:30 p.m., will consider this request. 1116SN0542-2015NOV18-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS Note: “CPC” – Recommended by Planning Commission (CPC) 1. Following the issuance of a building permit for a communications tower and for so long as such building permit remains active or as long as a tower exists on the property, no building permit shall be issued for any residential dwelling on the property as identified by Tax Id numbers 7347179054, 7357171268, and 7357172943 (the “Property”). If a residential permit has been issued on the Property, a building permit shall not be issued for a communications tower for so long as the residential building permit remains active or as long as a dwelling exists on the Property. Further, prior to site plan approval for a communications tower, the approved tentative plat for Corner Rock Phase II shall be amended to restrict issuance of a building permit for any residential dwelling, if a building permit for the tower has been issued and for so long as such tower exists on the Property. The restriction shall be noted on the preliminary plat. (BI) (CPC) 2. There shall be no signs permitted to identify this use except those required by FCC or other regulatory body. (P) (CPC) 3. 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. (P) (CPC) 4. No trees may be removed from the property except (i) to the extent such trees are dead, diseased or dying, or (ii) in connection with the construction, maintenance, upgrade or removal of the communication tower, ground equipment, access road and utilities, in the locations depicted on the zoning drawings dated August 20, 2015 or as may be approved by the County at the time of site plan review. (EE) (CPC) 5. The color, design and lighting system for the tower shall be as follows: a.The tower shall be painted Java Brown from the base to the top of the surrounding tree canopy and Galvanized in color from the tree canopy to the top of the tower. b.The tower shall not be lighted. c.The tower shall be a monopole structure with flush mounted antennas. 1216SN0542-2015NOV18-BOS-RPT 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. e.Cables shall be run within the interior of the tower to the extent technically practicable. (P) (CPC) 6. Any building or mechanical equipment shall comply with the Zoning Ordinance relative to architectural 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) 7. Prior to use of this telecommunications tower, the owner of the tower shall obtain 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) (CPC) 8. The tower shall not exceed a height of 152 feet. (P) (CPC) 9. At such time that the telecommunications tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the property owner(s) and/or cell tower owner(s) and/or lessee(s) shall dismantle and remove the tower and all associated equipment from the property. (P) (CPC) 10. The tower and access road shall be sited on the property in the location shown on the plans prepared by Warren Williams and Associates, entitled RI731, dated August 20, 2015, on file with the Department of Planning. (P) 1316SN0542-2015NOV18-BOS-RPT ATTACHMENT 2 ELEVATION 1416SN0542-2015NOV18-BOS-RPT ATTACHMENT 3 APPROVED TENTATIVE 1516SN0542-2015NOV18-BOS-RPT