99SN0190April 28, 1999 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
99SN0190
Chesterfield Police and Chesterfield Fire
Dale Magisterial District
9900 Krause Road
REQUEST: Conditional Use Planned Development to permit a communications tower in an
Agricultural (A) District.
PROPOSED LAND USE:
A seventy-two (72) foot communications tower and associated improvements are
planned. As proposed, the tower would consist of antennas mounted onto a lattice
structure. This structure would be located at the Public Safety Training Center at
the Chesterfield County Courthouse Complex and would be designed to provide
enhanced emergency communications service in the Courthouse Complex area. In
addition, with approval of this request, the antennas of other wireless
communications service providers could be located on the tower.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 3 AND 4 WHICH WOULD ALLOW A FREESTANDING TOWER.
STAFF RECOMMENDATION
Recommend approval subject to the tower being architecturally incorporated into the design of the
existing Public Safety Training Center, rather than being allowed as a freestanding lattice tower.
This recommendation is made for the following reasons:
The request property is part of the Chesterfield County Courthouse Complex, an
area that is highly visible to the public. Incorporating the tower into the
architecture of the existing Public Safety Training Center would conform to the
Guidelines for Review of Substantial Accord Determination and/or Zoninl~
Approval for Communications Tower Locations which suggest that
communications towers in the vicinity of high visibility areas be incorporated into
the architectural treatment of an existing, permitted building or possess design
features that mask the utilitarian nature of the tower.
The recommended conditions will minimize the possibility of any adverse impact
on area development, the Chesterfield County Public Safety Tmnked System or the
County Airport.
(NOTE: 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) 1.
The communications tower shall be restricted to a height of seventy-two
(72) feet. Further, the tower and associated equipment shall comply with
Section 19-138 (h) of the Zoning Ordinance. Associated equipment shall
comply with Section 19-570 (b) and (c) of the Zoning Ordinance. (P)
(Note: This condition would require that the tower be architecturally
incorporated into the design of a building for a permitted use and further
require screening of mechanical equipment from view of adjacent properties
and public rights of way. The views of junction boxes visible beyond the
Courthouse Complex boundaries or to public rights of way would have to
be minimized.)
(STAFF) 2. There shall be no signs permitted to identify this use. (P)
(STAFF) 3.
In conjunction with site plan submission, the owner/developer shall submit
documentation as to whether FAA approval is required for the erection of
the tower. If FAA approval is required, prior to release of a building
permit, a copy of FAA approval shall be submitted to the Planning
Department. (P)
(STAFF) 4.
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, the owner/developer of equipment that is not
part of the County system 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 the
frequencies and effective radiated power generated by non-County
equipment. Prior to release of a building permit, the study, if required,
99SN0190/WP/APR28I
shall be submitted to, and approved by, the Chesterfield County
Communications and Electronics staff. (GS)
(STAFF) 5.
The developer of equipment that is not part of the County system 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 immediately upon notification by the
Chesterfield County Communications and Electronics staff. (GS)
pROFFERED CONDITIONS
(CPC) 1.
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 any 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. A detailed plan depicting
this requirement shall be submitted to the Planning Department for approval
prior to release of a building permit.
(CPC) 2.
In conjunction with site plan submission, the owner/developer shall submit
documentation as to whether FAA approval is required for the erection of
the tower. If FAA approval is required, a copy of FAA approval shall be
submitted to the Planning Department prior to the release of a building
permit.
(CPC) 3.
The owner/developer of equipment that is not part of the County system
shall be responsible for designing and installing their equipment so as not
to interfere with the Chesterfield County Public Safety Tmnked System.
At the time of site plan review, the owner/developer of equipment that is
not part of the County system 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 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.
(CPC) 4.
The owner/developer of equipment that is not part of the County system
shall be responsible for correcting any frequency problems which affect the
Chesterfield County Public Safety Trunked System caused by their
equipment. Such corrections shall be made immediately upon notification
by the Chesterfield County Communications and Electronics staff.
3 99SN0190/WP/APR28I
(CPC)
5. The treatment, color and lighting system for the tower shall be as follows:
The tower shall be gray or another neutral color, acceptable to the
Planning Department.
The tower shall not be lighted unless lighting is required by the
FAA. 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.
(CPC)
All driveways and parking areas shall be graveled or paved and maintained
to minimize dust problems and provide ease of ingress and egress.
(CPC)
Any building or mechanical equipment shall comply with Sections 19-570
(b) and (c) and 19-595 of the Zoning Ordinance relative to architectural
treatment of building exteriors and screening of mechanical equipment.
(NOTE: This condition would require the screening of mechanical
equipment located on the building or ground level from adjacent properties
and public rights of way. Screening would not be required of the tower or
tower-mounted equipment.)
(CPC)
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.
(CPC)
9. There shall be no signs permitted to identify this use.
(CPC)
10.
The tower shall only be permitted if necessary to accommodate
communications for the County's Public Safety Trunked System and shall
have a maximum height necessary to accommodate such communications
provided, however, that the height shall not exceed seventy-two (72) feet.
GENERAL INFORMATION
Location:
West line of Krause Road, across from Statute Street and better known as 9900 Krause
Road. Tax ID 772-663-Part of 9929 (Sheet 31).
4
99SN0190/WP/APR28I
Existing Zoning:
A
Size:
12.0 acres
Existing Land Use:
Public/semi-public (Public Safety Training Center)
Adjacent Zoning & Land Uses:
North, South, and West - A; Public/semi-public (Chesterfield County Courthouse
Complex) or vacant
East - R-7 with Conditional Use; Multi-family residential
UTILITIES
The tower and associated equipment will not require the use of the public water and wastewater
systems.
Drainage and Erosion:
No existing or
ENVIRONMENTAL
anticipated on- or off-site drainage or erosion problems with the
improvements to accommodate the tower. A land disturbance permit is not required if less
than 2,500 square feet of land area is disturbed by the construction of the tower and
associated improvements.
PUBLIC FACILITIES
Fire Service and Transportation:
This use will have a minimal 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 tower would become a
part of the County's enhanced communications system.
5 99SN0190/WP/APR28I
A preliminary review of this tower proposal has indicated that the facility will not interfere with
the County's communication system; however, as a further precaution, if this request is approved,
a condition should be imposed to ensure that the communications equipment of non-County
communications service providers is designed and constructed so as not to interfere with the
Chesterfield County Public Safety Trunked System (Condition 4). Once the tower is in operation,
if interference occurs, the owner/developer of such equipment should be required to correct any
problems. (Condition 5)
COUNTY AIRPORT
A preliminary review of this tower proposal has indicated that the facility will not interfere with
the operation of the County Airport; however, as a further precaution, if this request is approved,
any necessary FAA approvals for this facility should be obtained prior to the release of a building
permit. (Condition 3)
LAND USE
Comprehensive Plan:
The request property lies within the boundaries of the Chesterfield County Government
Center Plan which suggests the property is appropriate for human services use.
The Public Facilities Plala, an element of the Comprehensive Plan, suggests that energy
and communications uses should be located to minimize impacts on existing and future
areas of development.
Area Development Trends:
The request property has been developed as the Public Safety Training Center within the
Chesterfield County Courthouse Complex.
Site Design:
As noted herein, the request property is occupied by the Public Safety Training Center.
The communications tower, as proposed by the applicant, would consist of antennas
mounted in a lattice-type structure with associated mechanical equipment mounted on the
ground in an enclosure.
Architectural Treatmel~t:
A condition should be imposed to ensure that the antennas, cabling and other associated
equipment to accommodate the tower use is architecturally incorporated into the building,
that mechanical equipment is screened from public view and that the views of junction
boxes are minimized (Condition 1).
6 99SN0190/WP/APR28I
As noted herein, a tower up to 150 feet in height would be permitted unless restricted to
a lesser height. The applicant has indicated that a tower of only seventy-two (72) feet in
height is required to satisfy emergency communications service needs in the Courthouse
Complex area. Typically, staff would not recommend restricting the height of a tower,
to the minimum needed to satisfy the applicant, so as to encourage co-location
opportunities for other communications service providers. In this instance, however,
restricting the height would be appropriate. Specifically, as recommended the tower
should be incorporated into the architectural design of the existing building. Given that
this building is a one (1) story structure, a taller tower would have the potential of being
out of proportion with the building. In addition, as noted herein the applicant wishes to
erect a utilitarian-type lattice structure in lieu of incorporating the tower into the design
of the building. Any such structure, if approved, should be of minimal height. (Condition
1)
CONCLUSIONS
The request property is part of the Chesterfield County Courthouse Complex, an area that is
highly visible to the public. Incorporating the tower into the architecture of the existing Public
Safety Training Center would conform to the Guidelines for Review of Substantial Accord
Determination and/or Zoning Approval for Communications Tower Locations which suggest that
communications towers in the vicinity of high visibility areas be incorporated into the architectural
treatment of an existing, permitted building or possess design features that mask the utilitarian
nature of the tower. In addition, the recommended conditions will 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 the communications tower would only be appropriate if
the tower is incorporated into the architecture of the existing building.
CASE HISTORY
Planning Commission Meeting (1/19/99):
At the request of the applicant, the Commission deferred this case to March 16, 1999.
Staff (1/20/99):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than January 25, 1999, for consideration at the Commission's
March 16, 1999, public hearing.
7 99SN0190/WP/APR28I
Staff (2/22/99):
To date, no new information has been submitted.
Applicant (3/10/99):
The applicant submitted the proffered conditions. The proffers reflect the standard
requirements normally associated with towers. In addition, the proffers will only allow
construction of the tower if it is deemed necessary for the County's emergency
communications system. The proffers will not require that the tower be architecturally
incorporated into the building, as recommended by staff.
Planning Commission Meeting (3/16/99):
The applicant accepted the Planning Commission's recommendation. There was no
opposition present.
The applicant indicated that architectural incorporation of the tower into the building
would be technically difficult to achieve.
Mr. Miller indicated that there is a desire to stealth towers located on visually sensitive
sites. He indicated that given the location, he did not feel that architectural incorporation
was necessary, especially given the existence of two (2) other lattice towers within the
Courthouse complex.
Mr. Shewmake indicated that while he felt the County should follow the regulations
required of private industry, the applicant had presented evidence that architectural
incorporation may affect the signals thereby adversely impacting health, safety and welfare
of the public.
On motion of Mr. Miller, seconded by Mr. Gulley, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 3 and 4.
AYES: Unanimous.
Further, the Commission found this request substantially in accord with the
Comprehensive Plan. The Code of Virginia, as amended, grants the Board the authority
to "overrule the action of the Commission by a vote of the majority of the membership
thereof".
8
99SN0190/WP/APR28I
The Board of Supervisors, on Wednesday, April 28, 1999, beginning at 7:00 p.m., will take
under consideration this request.
9 99SN0190/WP/APR28I
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