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01sn0237-Sept26i.pdfT,.1., 1 "'7 ")fW~l r~'DtTM ^ ..... "' ")") ~00~ BS September 26, 2001 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 01SN0237 (AMENDED) American Tower, L.P. Matoaca Magisterial District North line of Hickory Road REQUEST: Conditional Use Planned Development to permit a communications tower plus a 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 SUBJECT TO THE CONDITIONS ON PAGES 2 THROUGH 4. AYES: Messrs. Marsh, Litton, Cunningham, and Gecker ABSENT: Mr. Gulley STAFF RECOMMENDATION Recommend approval for the following reasons: A. While 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, the Public Facilities Plan and Guidelines for Providing a FIRST CHOICE Community Through Excellence in Public Service. Review of' Substantial Accord Determinations and/or Zoning Approval for Communications Tower Locations suggests that the site is appropriate for communications tower use since the visual imPact is minimized due to the existence of dense vegetation, provision of a buffer and substantial setback from Hickory Road. The recommended conditions will further minimize the possibility of any adverse impact on area development, the Chesterfield County Public Safety Tmnked System or the County Airport. (NOTES: 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 PLANNING COMMISSION.) CONDITIONS (STAFF/CPC) 1. There shall be no signs permitted to identify this use. (P) (STAFF/CPC) 2. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this 'requirement shall be submitted to the Planning Department for approval. (P) (STAFF/CPC) 3. The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review or prior to release of a building permit, whichever occurs first, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze 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 of a building permit, the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) (STAFF/CPC) 4. The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made 01SN0237/WP/SEPT26I 2 (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The Color and lighting system for the tower shall be as follows: ao The tower shall be gray or another neutral color, acceptable to the Planning Department. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. The tower shall be of a monopole design. (P) Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to screening of mechanical equipment and architectural treatment of building exteriors. (P) (NOTE: Section 19-570 (b) and (c) would require the screening of mechanical equipment and junction and accessory boxes 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.) 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 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 the 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 plan submission, or prior to the release of a building permit, whichever occurs first, a 01SN0237/WP/SEPT26I landscaping plan depicting this requirement shall be submitted to the Planning Department for review and approval. (P) (STAFF/CPC) 9. In conjunction with the approval of this request, a forty-nine (49) foot exception to the 150 foot height limitation for a communications tower shall be granted. (P) (STAFF/CPC) 10. The tower and tower compound shall be located in the hatched area designated as "New Acreage for CUPC (3.5 Acres)" on the plans entitled "RI-R497 E Site Name: Hickory" dated April 6, 2001, last revised June 26, 2001, drawn by BC Architects and Engineers (the "Plan"). The. tower and tower compound shall be located at least two hundred feet northwest from the tower compound location currently shown on the Plan. (P) (STAFF NOTE: THE FOLLOWING PROFFERED CONDITIONS WERE SUBMITTED SUBSEQUENT TO THE COMMISSION'S CONSIDERATION OF THIS REQUEST. THE PROFFERS WOULD NOT REQUIRE THE TOWER TO BE LOCATED' AS RECOMMENDED BY THE COMMISSION IN CONDITION 10, ABOVE. SHOULD THE BOARD WISH TO ACCEPT THE PROFFERS, CONDITION 10 SHOULD NOT BE IMPOSED.) PROFFERED CONDITIONS: The tower and tower compound shall be located in the area designated as the "300' x 300' Lease area" on the plans entitled "RI-R497 E--Site Name: Hickory" dated April 6, 2001, last revised-June 26, 2001, Sheet Number A-l, drawn by BC Architects and Engineers (the "Plans"). (P) Any antennas attached to the tower above the height of one hundred eighty feet (180) above ground level shall be "flush-mounted" as shown on Sheet A-3 of the Plans. This condition shall not limit the design of the antenna arrays on the tower below the height of one hundred eighty (180) feet below ground level. (P) GENERAL INFORMATION Location: North line of Hickory Road, east of Graves Road. Tax ID 770-624-Part of 0068 (Sheet 40). 4 01SN0237/WP/SEPT26I Existing Zoning: A Size: 7.5 acres Existing Land Use: Vacant Adjacent Zoning 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 are not required. ENVIRONMENTAL Drainage and Erosion: If construction of the tower and associated improvements disturbs more than 2,500 square feet of land, a land disturbance permit will be required. Water Quality: A perennial stream is located just north of the tower site. A perennial stream is subject to a 100 foot conservation area and is classified as an RPA stream. Development should not occur within the RPA. Fire Service and Transportation: The proposed tower and associated equipment will have minimal impact on fire/rescue services and the existing transportation network. 5 01SN0237/WP/SEPT26I 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 County Public Safety Tmnked System (Condition 3). In addition, once the tower is in operation, if interference occurs, the owner/developer should be required to correct any problems. (Condition 4) 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 l to 5 acre lots. Area Development Trends: The request property is located in an area characterized by single family residences On acreage parcels, agricultural uses and vacant land. It is anticipated that properties in the vicinity of the request site will eventually be zoned and developed for residential use on large lots. Site Design: The proposed tower is planned to be located approximately 3,000 feet off the north line of Hickory Road. As such, the request property conforms to the tower siting criteria which suggests that tower sites be located at least 1,000 feet off of major arterial roads in areas designated by the Plan for future residential development. Access to the tower site would be provided via an existing gravel drive from HickorY Road. Consistent with past actions 01SN0237/WP/SEPT26I 6 on similar facilities, the base of the tower should be secured with a fence to discourage trespassing. (Condition 2) Following the Commission's June public hearing, the application was amended to include an additional 3.5 acres located north of the original site. The plans do not reflect moving the tower from the location originally proposed in June. The Commission recommended imposition of a COndition which would require the tower to be relocated at least 200 feet northwest from the tower compound location currently shows on the plan. (Condition t0) Subsequent to the Commission's consideration of this case, the applicant's representative has indicated that there has been additional discussions with area property owners. It:has been indicated that the area residents prefer that the tower be located as generally prOPosed originally rather than as recommended by the Commission (Condition 10). Therefore, the applicant has submitted the proffered conditions. Both locations conform to the "Siting: Policy" and are supported by staff. Should the Board wish to accept the Proffered conditions, Condition 10 should not imposed. Architectural Treatment: The request property lies within an Emerging Growth Area. A condition should be imposed to require compliance with Emerging Growth requirements relative to architectural treatment of buiidings and screening of mechanical equipment (Condition6). Specifically, withinEmerging GroWth Areas, no building exterior which'would be visible to any Agricultural (A) District or hny pUbliC right of Way may consist of architectural materials inferior in quality, appearance, or detail to-any other exterior of the same building. There is, however, 'nothing to Preclude the use of different materials on different building exteriors, but rather, the use of inferior materials on sides which face adjoining property. No portion of a building constructed Of unadorned concrete block Or cormgate6- and/or sheet metal may be-visible from any adjoining Agricultural (A) District or any public right of way. No building exterior may be constructed of unpainted concrete block or corrugated and/or sheet metal. All junCtion and accessory boxes except those not visible from beyond the property must be minimized from view ~f adjacent property and Public rights of Way by landscaping' or~ architectural treatment integrated with the building served. Mechanical equipment, whether ground-level or rooftop, must be Screened from view of adjacent proPerty' and public rights of way and designed to be.perceived as an integral part of the building. :l?hese requirements would not ~apply to any tower or tower-mounted equipment. 7 01SN0237/WP/SEPT26I The recommended condition would require a monopole structure (Condition 5.c). Further, the proffered condition would require that any antennas above a height of 180 feet be "flush-mounted". (Proffered Condition 2) In addition, consistent with past actions on similar facilities, the tower should be removed at such time that it ceases to be used for communications purposes, to ensure that the tower does not become a maintenance problem or an eyesore. (Condition 7) Buffers: 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. Normally, in areas anticipated for residential development in the near furore, requirements have been imposed relative to provision of a 100 foot buffer of mature trees. The recommended buffer would require that .100 feet of mature trees be maintained surrounding the tower site and that cleared areas be planted. (Condition 8) In addition, Franks Branch is located north of the tower site. The required Resource ' Protection Area (RPA) adjacent to this perennial stream will provide further visual mitigation of the tower from future development to the north. CONCLUSIONS While 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, the siting policy suggests that this location is appropriate. Specifically, the area is densely wooded; the site is located at least 3,000 feet off of Hickory Road; and sufficient acreage exists to accommodate provision of a buffer consisting of mature trees. Subject to the recommended buffer conditions, the tower site conforms to the siting criteria of the adopted Public Facilities Plan and Guidelines for Review of Substantial ACcord Determinations and/or Zoning Approval for Communications Tower Locations. The recommended conditions will further minimize the possibility of any adverse impact on area development, the Chesterfield County Public Safety Trunked System or the County Airport. Given these considerations, approval of this request is recommended. 8 01SN0237/WP/SEPT26I CASE HISTORY Planning Commission Meeting (6/19/01): On their own motion, the Commission deferred this case to July 17, 2001. Staff (6/20/01): The applicant was advised in writing that any significant new or revised information should be submitted no later than June 25, 2001, for consideration at the Commission's July 17, 2001, public hearing. Applicant (6/25/01): The applicant revised the application to include more acreage as discussed herein providing an alternative location for the tower facility. Planning Commission Meeting (7/17/01) The applicant accepted the recommendation. There was no opposition present. Mr. Marsh indicated that to address concerns of area residents the tower should be located further northwest than shown on the plan dated April 6, 2001. Mr. Marsh indicated that it would be apprOPriate for the Board to modify Condition 10 upon receipt of a plan which reflects the tower location as described in Condition 10. Further, the Commission found this facility to be in Substantial Accord with .the Comprehensive Plan. The Code of Virginia, as amended, grants the Board authority to "overrule the action of the Commission by a majority vote of the membership thereof". On motion of Mr. Marsh, seconded by Mr. Litton, the Commission recommended approval of this request subject to the conditions on pages 2 through 4. AYES: Messrs. Marsh, Litton, Cunningham and Gecker. ABSENT: Mr. Gulley. 01 SN0237/WP/SEPT26I 9 Applicant (8/2/01): The proffered conditions, as discussed herein, were submitted. Board of Supervisors' Meeting (8/22/01): At the request of the applicant, the Board deferred this case to September 26, 2001. Staff (8/23/01): The applicant was advised in writing that any significant new or revised information must be submitted no later than August 29, 2001, for consideration at the Board's September 26, 2001, meeting. The applicant was also advised that a $250.00 deferral fee was due. Applicant (8/29/01): The deferral fee was paid. Staff (9/4101): To date, no new information has been received: The Board of Supervisors, on Wednesday, September 26, 2001, beginning at 7:00 p.m., will take under consideration of this request. 10 01SN0237/WP/SEPT26I '.800 .0 800 'Feet 'A A 01SN0237 C.U.P.D. ' SH. 40 - NEW ACREAGE FOR ~UPD (~.~ Ac~) 70'x70' CO~POUHD ~ 100'xlO0' ~ ~ .-'/' / NOV/OR FORgERLY N~IO H.'--/. ,MJORISCIK~ & 6ERIRUO S. DB 2524, PO 96,3 · ZONE]) ~ TAX I0 = 768624.385900000 \' \ / / / LEGEND CHAIN UNK FENCE LEASE AREA OVERHEAD TELEPHONE &: OVERHEAD POWER · PROPER'[Y UNE 'UNDERGROUND UTlUTY UNES UTlUTY EASEMENT N \ %. %. %. \ %. %. ! I I I I ! I I I I I 1 % % I % / ~ (~A) trams . ' / I I I I I I ~ I I '/ NOW OR ~Y MJ- HUI/PtIRETS Jr 0.3: EVANS DB 2221,.Pg .g2 ZONED A TAX ID = 770624006800000 95.2!0 ACRES OR 4147,t48, SF NOIES: 1. EXIS11NO PROPERTY SIZE - 4,147,348 SF · 2. PROPOSfD IUPEIMOUS AREA - 12,004 SF/4,147,348 SF = 0.28~ 3. EXlSqIIO WFI~ .4~ - 49,264 9F/4,147,348 SF = 1.1g~ 4. TOTAL IUPigMOUS ARF..A - 61,268 SF/4,i47,TM SF = 1.482 . 5. SflE DB/ELOPUE~ IS LESS 'IH~..30~ OF E]flIRE PARCEL - 6. 11'E TOT~ II,{POWIOU$ AI~J~. IS 14.,52~ t.ESS ]Ra.N 16.07~ F'E]~ FT.OODPL~4 i~P 510(G56151 6.. DAITO ~ 16, 1983. .. OISNOZ57-1 · ELEVATION VlDV. Ol SbJO~