07SN0354
Jul)T 17, 2007 CPC
September 18, 2007 CPC
October 16,2007 CPC
January 9, 2008 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0354
(AMENDED)
New Cingular Wireless PCS, LLC
Midlothian Magisterial District
West line of James River Road
REQUEST: (AMENDED) Conditional Use to permit a 115 foot communications tower in a
Residential (R-40) District.
PROPOSED LAND USE:
A communications tower and associated improvements are planned. Specifically,
the tower will be incorporated into a lighting structure located on the James River
High School property. Since the tower would not meet the restrictions for towers
in a residential district, a Conditional Use is required.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGES 2 THROUGH 4.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposal conforms to the Public Facilities Plan which suggests that
communications facilities should co-locate whenever feasible.
B. The proposal conforms to the Tower Siting Policy which suggests that co-location
on stadium light poles may be appropriate.
Providing a FIRST CHOICE community through excellence in public service
C. Incorporating the communications facilities into an existing lighting structure will
eliminate the need for an additional structure in the area.
D. The recommended conditions will further minimize the possibility of any adverse
impact on area development, the County Communications System or the County
Airport.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) 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.
The color 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. (P)
(STAFF/CPC)
2.
Any building or mechanical equipment shall comply with Sections
19-595 and 19-570 (b) and ( c) of the Zoning Ordinance relative to
architectural treatment of building exteriors and screening of
mechanical equipment. (P)
(NOTE: Section 19-570 (b) and (c) would require 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.)
(STAFF/CPC)
(STAFF/CPC)
3.
The tower shall not exceed a height of 115 feet. (P)
4.
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)
GENERAL INFORMATION
PROFFERED CONDITIONS
New Cingular Wireless PCS, LLC, the applicant in this case (the "Applicant"), pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of
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07SN0354-]AN9-BOS-RPT
Chesterfield County, for itself and its successors or assigns, proffer that the development of the
property known as Chesterfield County Tax Identification Number 728-725-Part of 6105 (the
"Property") under consideration will be developed according to the following conditions if, and
only if, the request for a conditional use is granted. In the event the request is denied or
approved with conditions not agreed to by the Applicant, the proffers and conditions shall
immediately be null and void and of no further force or effect. If the conditional use is granted,
these proffers and conditions will supersede all proffers and conditions now existing on the
Property.
In addition to conditions 2-5 contained in the Planning Department's Staff Report for this
request, the Applicant offers the following proffers and conditions:
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
1.
Co-location. Except as provided below, any communication tower
shall be co-located on a lighting structure for the athletic field as
depicted on "Exhibit A". Notwithstanding the foregoing or
anything else to the contrary, the Applicant shall have the option to
operate a temporary telecommunications facility (e.g. a "C.O.W."
or "cellon wheels") on the Property provided that (i) such
operation commences no earlier than December 20, 2007 and no
later than December 31, 2007, (ii) such temporary facility ceases
operations and is removed from the Property on or before March
31, 2008 or upon the completion of all work to collocate antennas
on the lighting structure, whichever occurs first, (iii) such
temporary facility does not use a back-up electricity generator as
its primary source of electricity, and (iv) such temporary facility is
enclosed in a security fence at least six (6) feet in height with three
strands of barbed wire at the top of such fence. (P)
2.
Architectural Treatment of Ground-Based Equipment Shelter. The
permanent ground-based equipment shelter (the "Shelter") exterior
shall be covered with a brick veneer siding that incorporates a
color that is generally consistent with the color of the block
material of the existing athletic field house located on the Property.
The roof of the Shelter shall be constructed with an "A" frame
pitched roof and shingled with shingles that match in color and
design of the shingles on the existing athletic field house on the
Property. (P)
(NOTE: This Proffer 2 is in addition to and supplements
Condition 3 contained in the Staff Report)
3.
Access Road. The access road from the existing parking lot to the
communications tower shall be paved with asphalt or any other
hard-surface material (other than gravel) acceptable to the Planning
Department. (P)
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07SN0354-]AN9-BOS-RPT
(STAFF/CPC)
4.
Utilities. All cabling from the Shelter to the communications
tower shall be buried below grade. Any cabling connecting to the
equipment in the Shelter shall be installed through the floor of the
Shelter structure. (P)
GENERAL INFORMATION
Location:
West line of James River Road, south of Riverton Ridge Drive. Tax ID 728-725-Part of
6105.
Existing Zoning:
R-40
Size:
9.7 acres
Existing Land Use:
Public/semi-public; James River High School
Adiacent Zoning and Land Use:
North, South and East - R-40; Public/semi-public (schools)
West - R-15: Single-family residential
UTILITIES; ENVIRONMENTAL; PUBLIC FACILITIES
The requested amendment will have no impact on these facilities.
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 construction of the communications tower.
COUNTY AIRPORT
A preliminary review of this proposal indicates that, given the approximate location and
elevation of the proposed installation, it appears there will be no adverse affect on the County
Airport.
4
07SN0354-]AN9-BOS-RPT
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Old GunlRobious Area Land Use Plan which suggests
the property is appropriate for residential use of one (1) dwelling per acre or less.
The Public Facilities Plan, an element of the Comprehensive Plan, suggests that
communications uses should be co-located, whenever feasible, to minimize impacts on
existing and future areas of development.
Area Development Trends:
Adjacent properties are zoned Residential (R-40 and R-15) and are occupied by single
family residential uses in Riverton and River Downs Subdivisions or James River High
and Bettie Weaver Elementary Schools. It is anticipated that single-family residential
uses will continue in the area, as suggested by the Old GunlRobious Area Land Use Plan.
Dwellings within 2,000 feet of the tower are shown on the Attachment. It is important to
note that residential structures on this map were placed according to aerial photographs
taken in 2002 and therefore may not fully represent all the structures in the area.
Development Standards:
The request property lies within an Emerging Growth Area. The purpose of the
Emerging Growth District standards is to promote high quality, well-designed projects.
However, because the request property is zoned Residential (40), development is not
required to meet the development standards for Emerging Growth Areas. A condition
should be imposed to require compliance with Emerging Growth Area requirements
relative to the architectural treatment of the proposed equipment building. (Condition 2)
Proffered Conditions 2 and 3 further address architectural treatment and underground
utilities.
As noted herein, the request property is occupied by the James River High School
football field. The proposed communications tower will be incorporated into an existing
lighting structure on this field (Proffered Condition 1). Further, the proffers provide for a
temporary tower (cellon wheels) to be located on the site until a permanent structure is
erected. Specifically, the applicant plans to remove the existing lighting structure and
replace it with a communications tower and remount the lighting elements at the current
height. The height of the tower is not to exceed 115 feet (Condition 3). Access to the
tower site will be via an existing school access to James River Road. Due to the
proximity to area residential development, the communications tower should be gray or
another neutral color so as to minimize the visual impact on such development.
(Condition 1)
5
07SN0354-]AN9-BOS-RPT
Consistent with past actions on similar facilities and to ensure that the tower does not
become a maintenance problem or an eyesore, the tower should be removed at such time
that it ceases to be used for communications purposes. (Condition 4)
Proffers also address requirements to hard surface the access road. (Proffered Condition
4)
CONCLUSIONS
The Public Facilities Plan suggests that communications towers should be located to minimize
the impact on existing or future areas of development and that communications facilities should
co-locate whenever feasible. The communications tower will be incorporated into an existing
lighting structure. The addition of the communications facilities to the structure does not
generate a visual impact that is significantly greater than the visual impact of the existing area
lighting structures. This co-location will eliminate the need for an additional structure in the area.
In addition, the recommended conditions will further minimize the possibility of any adverse
impact on area development, as well as on the County Communications System or the County
Airport.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (7/17/07):
At the request of the applicant, the Commission deferred this case to September 18, 2007.
Staff (7/18/07):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than July 23, 2007, for consideration at the Commission's
September 18, 2007, public hearing. Also, the applicant was advised that a $130.00
deferral fee must be paid prior to the Commission's public hearing.
Applicant (7/30/07):
The applicant paid the $130.00 deferral fee.
6
07SN0354-]AN9-BOS-RPT
Staff (8/10/07):
The application was amended to include additional land area for relocating the tower and
to increase the height of the antennae.
Planning Commission Meeting (9/18/07):
At the request of the applicant, the Commission deferred this case to October 16,2007.
Staff (9/19/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 24, 2007, for consideration at the
Commission's October 16,2007, public hearing.
Also, the applicant was advised that a $230.00 deferral fee must be paid prior to the
Commission's public hearing.
Staff (9/27/07):
To date, no new or additional information has been received nor has the deferral fee been
paid.
Applicant (10/1/07):
The deferral fee was paid.
Applicant (10/12/07 and 10/16/07):
Proffered conditions were submitted.
Planning Commission Meeting (10/16/07):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Gecker, seconded by Mr. Wilson, the Commission recommended
approval subject to the conditions and acceptance of the proffered conditions on pages 2
through 4.
7
07SN0354-]AN9-BOS-RPT
AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson.
The Board of Supervisors, on Wednesday, January 9, 2008, beginning at 6:30 p.m., will take
under consideration this request.
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07SN0354-]AN9-BOS-RPT
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