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99SN0191REQUEST ANALYSIS AND RECOMMENDATION February 24, 1999 BS 99SN0191 David Gregory and John Brenkus Midlothian Magisterial District 10525 West Huguenot Road REQUEST: Conditional Use Planned Development to permit a communications tower plus height and setback exceptions in a Residential (R-15) District. PROPOSED LAND USE: A 100 foot communications tower and associated improvements are planned. As proposed, the 100 foot tower would consist of antennas incorporated into a structure having the appearance of a 100 foot tall freestanding flagpole. This flagpole structure would be located at Huguenot Road Baptist Church. A fifty (50) foot exception to the fifty (50) foot height limitation, and a twenty (20) foot exception to the twenty-five (25) foot rear yard setback requirement, for towers in Residential (R-15) Districts is also requested. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3 WHICH WOULD REQUIRE THAT THE TOWER BE ARCHITECTURALLY INCORPORATED INTO THE DESIGN OF THE BUILDINGS. RECOMMEND DENIAL OF THE SETBACK EXCEPTIONS. STAFF RECOMMENDATION Recommend approval subject to the tower being architecturally incorporated into the design of church buildings rather than incorporated into a flagpole structure. Recommend denial of the requested setback exceptions. These recommendations are made for the following reasons: Ao The Public Facilities Plan suggests that communications towers should generally be located to minimize the visual impact on existing residential areas. The proposal to build a 100 foot flagpole-type structure adjacent to residences in Woodmont Subdivision does not satisfy this criteria. However, incorporating the tower into the architectural treatment of church buildings would conform to the locational criteria of the Plan. Bo The request property is located along Huguenot Road which is a heavily traveled, major arterial road. Incorporating the tower into the architecture of the church 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 major arterial roads be incorporated into the architectural treatment of buildings or possess design features that mask the utilitarian nature of the tower. Incorporating the tower into the architecture of church buildings would create an opportunity for additional antennas to be located at the church, thereby eliminating the need for one (1) or more additional freestanding tower(s) in the area. Specifically, if properly designed, modifications to the design of the existing church, to accommodate the applicant's antennas, could also accommodate the antennas of other wireless communications service providers thereby minimizing the need for other towers in the immediate area. Do The proposal, to incorporate the communications tower into a freestanding flagpole- type tower, could set a precedent for additional flagpole antenna requests in the area, leading to a proliferation of flagpole-type antennas along this portion of the Huguenot Road Corridor. If the tower is incorporated into an existing building, the requested setback exception would not be needed to accommodate the tower use. Fo 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. (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/CPC) 1. The communications tower shall comply with Section 19-138 (h) of the Zoning Ordinance and further, shall be architecturally incorporated into the design of the church buildings. Associated 2 99SN0191/WP/FEB24Q equipment shall comply with Section 19-570 (b) and (c) of the Zoning Ordinance. (P and CPC) (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 to adjacent properties and public right of way would have to be minimized.) (STAFF/CPC) 2. There shall be no signs permitted to identify this use. (P) (STAFF/CPC) o Prior to site plan or building permit approval, whichever occurs first, 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/CPC) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. Prior to site plan or building permit approval, 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 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) o 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 immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) (STAFF/CPC) In conjunction with the approval of this request, a fifty (50) foot exception to the fifty (50) foot height limitation for towers shall be granted. (P) 3 99SN0191/WP/FEB24Q GENERAL INFORMATION Southwest quadrant of the intersection of Huguenot Road and Dillon Road, and better known as 10525 Huguenot Road. Tax ID 746-718-3583, 4367, 4486, 5470, 5588, 6571, 6590, 7591, and 7672 (Sheet 3). Existing Zoning: R-15 3.8 acres Existing Land Use: Public/semi-public (church) Adjacent Zoning & Land Uses: North - Single family residential or vacant (City of Richmond) South, East, and West - R-15; Single family residential and public/semi-public use (church) UTILITIES The tower and associated equipment will not require the use of the public water and wastewater systems. ENVIRONMENTAL Drainage and Erosion: No existing or 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. 4 99SN0191/WP/FEB24Q 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 prelkninary 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 tower 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 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) Comprehensive Plan: The request property lies within the boundaries of the Northern Area Land Use and Transportation Plan which suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. The Public Facilities Plan, 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 a church (Huguenot Road Baptist Church). Properties along this portion of the Huguenot Road Corridor are zoned residentially and developed for a mix of residential and public/semi-public (church) uses. These development trends are expected to continue. 5 99SN0191/WP/FEB24Q Site Desi_ma: As noted herein, the request property is occupied by a church. The communications tower, as proposed by the applicant, would consist of antennas mounted in a flagpole-type stmcture with associated mechanical equipment mounted on the ground in an enclosure. Architectural Treatment: A condition should be imposed to ensure that the antennas, cabling and other associated equipment to accommodate the tower use are architecturally incorporated into the building, that mechanical equipment is screened from public view and that the views of junction boxes are minimized. (Condition 1) CONCLUSIONS The Public Facilities Plan suggests that communications towers should generally be located to minimize the visual impact on existing residential areas. The proposal to build a 100 foot tower with the appearance of a flagpole-type tower adjacent to residences in Woodmont Subdivision does not satisfy this criteria. However, incorporating the tower into the architectural treatment of existing, permitted church facilities would conform to the locational criteria of the Plan. In addition, the request property is located along Huguenot Road which is a heavily traveled, major arterial road. Incorporating the tower into the architecture of church buildings 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 major arterial roads be incorporated into the architectural treatment of buildings or possess design features that mask the utilitarian nature of the tower. 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. Incorporating the tower into the architecture of church buildings would provide an opportunity to accommodate additional antennas thereby eliminating the need for one (1) or more additional freestanding tower(s) in the area. Specifically, if properly designed, modifications to the architectural design of the existing church, to accommodate the applicant's antennas, could also accommodate the antennas of other wireless communications service providers. However, the applicant's proposal, to incorporate the communications tower into a freestanding flagpole-type tower, could set a precedent for requests to place additional flagpole antennas in the area, leading to a proliferation of flagpole-type antennas along this portion of the Huguenot Road Corridor. Given these considerations, approval of the communications tower would only be appropriate if the tower is incorporated into the architecture of church buildings. 6 99SN0191/WP/FEB24Q CASE HISTORY Planning Commission Meeting (1/19/99): The applicant accepted the recommendation. There was opposition and support present. Those in support indicated that a "flagpole" type structure would not detract from the neighborhood; that the tower would enhance cellular phone coverage in the area; and that the tower would enhance the budget of the church. Those in opposition expressed concerns that approval of the request would lead to tower proliferation in the area; adversely impact property values; that the "flagpole" structure would not enhance the aesthetics in the area; and that the proposal represents commercial encroachment into a residential area. Mr. Shewmake indicated that a tower would enhance cellular phone coverage in the area. He indicated that the risk of not allowing a tower at this site was the potential for the tower to be located in the City of Richmond where the standards are not as stringent, thereby having more of an adverse impact on the immediate area. He indicated he could not support the "flagpole" type structure; that it would adversely impact the neighborhood; however, incorporation of the tower into the architectural design of the buildings would best serve the area, especially given the potential for a tower somewhere in the area. On motion of Mr. Shewmake, seconded by Mr. Gulley, the Commission recommended denial of the setback exception and approval of this request subject to conditions on pages 2 and 3. AYES: Unanimous. Further, the Commission found the facility to be in substantial accord with the Comprehensive Plan. The Board of Supervisors, on Wednesday, February 24, 1999, beginning at 7:00 p.m., will take under consideration this request. 7 99SN0191/WP/FEB24Q CITY OF RICHMOND St. ED~ARO$ CHURCH ~0~. WOODMON SYDE L*L E 99SN0191 C.U.P.D. ~llmlllll ~gSNo~l-i February 24, 1999 BS ADDENDUM 99SN0191 David Gregory and John Brenkus Midlothian Magisterial District 10525 West Huguenot Road REQUEST: Conditional Use Planned Development to permit a communications tower plus height and setback exceptions in a Residential (R-15) District. On February 23, 1999, the applicant submitted photo simulations and elevations depicting the incorporation of the communications antennas into the architectural treatment of the church steeple. These simulations and elevations conform to Condition 1, as recommended by the Planning Commission and staff. Given the more detailed information, staff recommends that Condition 1 be modified to require the architectural incorporation, as depicted in this information. CONDITION The communications antennas shall be architecturally incorporated into the steeple of the church building in accordance with the plan entitled "Stealth Antenna: Huguenot Road Baptist Church" and dated February 23, 1999. Associated equipment shall also be enclosed within the existing church building. (P) (Note: This condition would require that the communications antennas be architecturally incorporated into the design of a building for a permitted use. In additional, this condition would require that all equipment associated with the communications antenna be housed within the existing church building, thus, making that equipment virtually invisible to adjacent properties and public rights of way.) 99SN0191/WP/FEB24QQ Stealth Antenna Plans: Huguenot Road Baptist Church February 23, 1999 qqSN~lql-I AN'I~NI .! i,I, ." I (dNo : ~.,~! 'e/9 $N0/9/-$ ~ ~ WCA-6 Petition to the Chesterfield County Board of Supervisors Submitted Under the Auspice of The Woodmont Civic Association Prepared Jan. 28, 1999 We the undersigned residents of Woodmont Subdivision oppose approval of Proposal 99SN0191 and Proposal 99PD0217. ~ threatened .by rezoning of ag~ portion of our subdivision for commercial pur~o_s~es. We feel if you appr~"~i~-~"-p~'l~'~li~i-~,~"U"~'~'~i~J J~*'~:~'~iii'ng_ a' i'~gai P~:~cedent ihat would leave all ~-~l:~ivisions defeEs, elessagainst future commer~a-J~*~*~h~n{'i' ~1~ ~ipplicati0n bYTdtOn PCS and Flu-g-~'n- 5t'-R~ ~¥B ~ i~ t i s t ~ I~ ~ r d~-h---bl-d-b-~-~Tii~i~. ............................ Registered Voter Name Yes/No Phone Number (optional) Petition to the Chesterfield County Board of Supervisors Submitted Under the Auspice of The Woodmont Civic Association Prepared Jan. 28, 1999 We'the undersigned residents of Woodmont Subdivision oppose approval of Proposal 99SN0191 and Proposal 99PD0217. We feel threatened by rezoning of any portion of our subdivision for commercial purposes. We feel if you approve the proposals, you would be creating a legal precedent that would leave all subdivisions defenseless against future commercial encroachment. The application by Tdton PCS and Huguenot Road Baptist Church should be denied. Registered Voter Name Ye.~/Nn Phone Number (optional) Petition to the Chesterfield County Board of Supervisors Submitted Under the Auspice of The Woodmont Civic Association Prepared ,lan. 28, 1999 We the undersigned residents of Woodmont Subdivision oppose approval of Proposal 99SN0191 and Proposal 99PD0217. We feel threatened by rezoning of any portion of our subdivision for commercial purposes. We feel if you approve the proposals, you would be creating a legal precedent that would leave all subdivisions defenseless against future commercial encroachment. The application by Tdton PCS and Huguenot Road Baptist Church should be denied. Registered Voter Name Yes/Ne Phone Number (optien~l) -YE, '"" ~ WCA-7 Petition to the Chesterfield County Board of Supervisors Submitted Under the Auspice of The Woodmont Civic Association Prepared Jan. 28, 1999 We the undersigned residents of Woodmont Subdivision oppose approval of Proposal 99SN0191 and Proposal 99PD0217. We feel threatened by rezoning of any portion of our subdivision for commercial purposes. We feel if you approve the proposals, you would be creating a legal precedent that would leave all subdivisions defenseless against future commercial encroachment. The application by Tdton PCS and Huguenot Road Baptist Church should be denied. Registered Voter Yes/Ne Phone Number (optional) /¢ Petition to the Chesterfield County Board of Supervisors Submitted Under the Auspice of The Woodmont Civic Association Prepared Jan. 28, 1999 We the undersigned residents of Woodmont Subdivision oppose approval of Proposal 99SN0191 and Proposal 99PD0217. We feel threatened by rezoning of any portion of our subdivision for commercial purposes. We feel if you approve the proposals, you would be creating a legal precedent that would leave all subdivisions defenseless against future commercial encroachment. The application by Tdton PCS and Huguenot Road Baptist Church should be denied. Registered Voter Ye.~/No Phone Number (optional) 5'"& o ., ) ,-I / ¢ '"' ~" WCA-3 Petition to the Chesterfield County Board of Supervisors Submitted Under the Auspice of The Woodmont Civic Association Prepared Jan. 28, 1999 We the undersigned residents of Woodmont Subdivision oppose approval of Proposal 99SN0191 and Proposal 99PD0217. We feel threatened by rezoning of any portion of our subdivision for commercial purposes. We feel if you approve the proposals, you would be creating a legal precedent that would leave all subdivisions defenseless against future commercial encroachment. The application by Triton PCS and Huguenot Road Baptist Church should be denied. Registered Voter Phone Number (optional) ~,&o-182. I / ~ ~'~ WCA-5 Petition to the Chesterfield County Board of Supervisors Submitted Under the Auspice of The Woodmont Civic Association Prepared Jan. 28, 1999 We the undersigned residents of Woodmont Subdivision oppose approval of Proposal 99SN0191 and Proposal 99PD0217. We feel threatened by rezoning of any portion of our subdivision for commercial purposes. We feel if you approve the proposals, you would be creating a legal precedent that would leave all subdivisions defenseless against future commercial encroachment. The application by Tdton PCS and Huguenot Road Baptist Church should be denied. Name Registered Voter Phone Number Yes/No (.optional) Petition to the Chesterfield County Board of Supervisors Submitted Under the Auspice of The Woodmont Civic Association Prepared Jan. 28, 1999 We the undersigned residents of Woodmont Subdivision oppose approval of Proposal 99SN0191 and Proposal 99PD0217. We feel threatened by rezoning of any portion of our subdivision for commercial purposes. We feel if you approve the proposals, you would be creating a legal precedent that would leave all subdivisions defenseless against future commercial encroachment. The application by Tdton PCS and Huguenot Road Baptist Church should be denied. Registered Voter Yes/No Phone Number (optional) "-' "" WCA-13 Petition to the Chesterfield County Board of Supervisors Submitted Under the Auspice of The Woodmont Civic Association Prepared Jan. 28, 1999 We the undersigned residents of Woodmont Subdivision oppose approval of Proposal 99SN0191 and Proposal 99PD0217. We feel threatened by rezoning of any portion of our subdivision for commercial purposes. We feel if you approve the proposals, you would be creating a legal precedent that would leave all subdivisions defenseless against future commercial encroachment. The application by Tdton PCS and Huguenot Road Baptist Church should be denied. Name Registered Voter Phone Number Yes/No (nptinnnl) '" ""' WCA-14 Petition to the Chesterfield County Board of Supervisors Submitted Under the Auspice of The Woodmont Civic Association Prepared Jan. 28, 1999 We the undersigned residents of Woodmont Subdivision oppose approval of Proposal 99SN0191 and Proposal 99PD0217. We feel threatened by rezoning of any portion of our subdivision for commercial purposes. We feel if you approve the proposals, you would be creating a legal precedent that would leave all subdivisions defenseless against future commercial encroachment. The application by Tdton PCS and Huguenot Road Baptist Church should be denied. Registered Voter Phone Number Name Yes/No (.optional) WCA-16 Petition to the Chesterfield County Board of Supervisors Submitted Under the Auspice of The Woodmont Civic Association Prepared Jan. 28, 1999 We the undersigned residents of Woodmont Subdivision oppose approval of Proposal 99SN0191 and Proposal 99PD0217. We feel threatened by rezoning of any portion of our subdivision for commercial purposes. We feel if you approve the proposals, you would be creating a legal precedent that would leave all subdivisions defenseless against future commercial encroachment. The application by Tdton PCS and Huguenot Road Baptist Church should be denied. Registered Voter Phone Number Name Yes/No (optional) ""' "'" WCA-17 Petition to the Chesterfield County Board of Supervisors Submitted Under the Auspice of The Woodmont Civic Association Prepared Jan. 28, 1999 We'the undersigned residents of Woodmont Subdivision oppose approval of Proposal 99SN0191 and Proposal 99PD0217. We feel threatened by rezoning of any portion of our subdivision for commercial purposes. We feel if you approve the proposals, you would be creating a legal precedent that would leave all subdivisions defenseless against future commercial encroachment. The application by Tdton PCS and Huguenot Road Baptist Church should be denied. Registered Voter Phone Number Yes/No (nption~l) WCA-28 Petition to the Chesterfield County Board of Supervisors Submitted Under the Auspice of The Woodmont Civic Association Prepared Jan. 28, 1999 We {he undersigned residents of Woodmont Subdivision oppose approval of Proposal 99SN0191 and Proposal 99PD0217. We feel threatened by rezoning of any portion of our subdivision for commercial purposes. We feel if you approve the proposals, you would be creating a legal precedent that would leave all subdivisions defenseless against future commercial encroachment. The application by Tdton PCS and Huguenot Road Baptist Church should be denied. Registered Voter Phone Number (nptinnal) Petition to the Chesterfield County Board of Supervisors Submitted Under the Auspice of The Woodmont Civic Association Prepared Jan. 28, 1999 WCA-36 We the undersigned residents of Woodmont Subdivision oppose approval of Proposal 99SN0191 and Proposal 99PD0217. We feel threatened by rezoning of any portion of our subdivision for commercial purposes. We feel if you approve the proposals, you would be creating a legal precedent that would leave all subdivisions defenseless against future commercial encroachment. The application by Tdton PCS and Huguenot Road Baptist Church should be denied. Registered Voter Phone Number Name Yes/No (~ptiennl) WCA-38 Petition to the Chesterfield County Board of Supervisors Submitted Under the Auspice of The Woodmont Civic Association Prepared Jan. 28, 1999 We the undersigned residents of Woodmont Subdivision oppose approval of Proposal 99SN0191 and Proposal 99PD0217. We feel threatened by rezoning of any portion of our subdivision for commercial purposes. We feel if you approve the proposals, you would be creating a legal precedent that would leave all subdivisions defenseless against future commercial encroachment. The application by Tdton PCS and Huguenot Road Baptist Church should be denied. Name - Registered Voter Phone Number Yes/No (optional) WCA-30 Petition to the Chesterfield County Board of Supervisors Submitted Under the Auspice of The Woodmont Civic Association Prepared Jan. 28, 1999 We the undersigned residents of Woodmont Subdivision oppose approval of Proposal 99SN0191 and Proposal 99PD0217. We feel threatened by rezoning of any portion of our subdivision for commercial purposes. We feel if you approve the proposals, you would be creating a legal precedent that would leave all subdivisions defenseless against future commercial encroachment. The application by Tdton PCS and Huguenot Road Baptist Church should be denied. N~me Registered Voter Phone Number Yes/No (optinn~l)