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99SN0216April 14, 1999 BS REQUEST ANALYSIS AND RECOMMENDATION 99SN0216 (AMENDED) Triton PCS, Inc. (Larry Horton) Midlothian Magisterial District Off the north line of Wal Mart Way REOUEST: Conditional Use to permit a communications tower in a Corporate Office (0-2) District. PROPOSED LAND USE: A 150 foot communications tower with accessory equipmem is planned. Communications tower use up to 150 feet in height is permitted in an 0-2 District provided the structure is architecturally incorporated into the design of a building used for a permitted use. If this restriction cannot be met, then the use may be allowed by Conditional Use. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3 AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 3 AND 4. STAFF RECOMMENDATION Recommend approval for the following reasons: While the proposal lies within the boundaries of the Northern Area Land Use and Transportation Plan which suggests the request property is appropriate for residential use of 7.01 units per acre or more, the subject site has been developed as a Virginia Power substation and lies adjacent to a Virginia Power high tension transmission line. The tower site conforms to the siting criteria of the Public Facilities Plan and Guidelines for Review of Substantial Accord Determinations and/or Zoning Approval for Communications Tower Locations which suggest that communications towers should generally be located away from areas of anticipated residential development and grouped with other energy and communications facilities in remote locations. Bo The recommended conditions and proffered condition 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.) (STAFF/CPC) 1. There shall be no signs permitted to identify this use. (P) (STAFF/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, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning DeparUnent. (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, 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) 4. The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Tmnked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) 2 99SN0216/WP/APR14R (STAFF/CPC) 5. All driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) (STAFF/CPC) 6. With the exception of the tower and antennas or other tower- mounted equipment, any building and/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. (P) (NOTE: This condition would require the screening of mechanical equipment located on, or associated with, any building from adjacent properties and public rights of way. Screening would not be required for the tower or tower-mounted equipment or ground- mounted equipment cabinets.) (STAFF/CPC) 7. 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) PROFFERED CONDITIONS (STAFF/CPC) 1. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The eastern and western sides of the fence shall be screened with evergreen plantings having an initial height and spacing to provide screening from adjacent properties. Except for the gate on the southern side of the fence, the southern side of the fence shall be screened with evergreen plantings; provided, however, the gate shall incorporate an opaque material so as to screen the view of the interior of the fenced compound from the southern side of the fence. In addition, if the vegetation in the existing twenty (20) foot buffer along the southern property line is inadequate to screen the gate to the compound from adjacent rights of way, the Owner/Developer shall install additional plantings in that buffer so as to provide screening of the gate to the compound. A detailed plan depicting these requirements shall be submitted to the Planning Department for approval. (STAFF/CPC) 2. The treatment, color, lighting system and design of the tower shall be as follows: 3 99SN0216/WP/APR14R ao 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, the 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. c. The tower shall be of a monopole design. do The antenna(s) on the tower shall be limited "cluster mounted" or "flush mounted" antenna(s) as depicted on the plan entitled "Flush Mount Antennae" and dated February 4, 1999, or whip antenna(s). GENERAL INFORMATION Off the north line of Wal Mart Way, north of Midlothian Turnpike. Tax ID 735-709-5944 (Sheet 7). Existing Zoning: 0-2 with Conditional Use Planned Development Size: 13.3 acres Existing Land Use: Commercial (Virginia Power Substation) Adjacent Zoning & Land Use: North, East, and West - A; Single family residential or vacant South - 0-2 with Conditional Use Planned Developmem; Vacant 4 99SN0216/WP/APR14R UTILITIES The proposed 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. A land disturbance permit will not be 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: The proposed tower and associated equipment 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 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 Trunked 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 the facility will not interfere with the operation of the County Airport; however, if this request is approved, any necessary FAA approvals for this facility should be obtained prior to the release of a building permit. (Condition 2) 5 99SN0216/WP/APR14R LAND USE Comprehensive Plan: The request property lies within the boundaries of the Northern Area Land Use and Transportation Plan which suggests the request property is appropriate for residential use of 7.01 units per acre or more. Area Development Trends: The request property is located in an area characterized by single family residences on acreage parcels and vacant land. It is anticipated that properties to the north and east of the request site will eventually be zoned and developed for residential use, in accordance with the Plan. Property to the south lies in the Midlothian Area Plan and is designated for Suburban Commercial Use. As noted herein, the request property is occupied by a Virginia Power substation with access to Wal Mart Way and by a Virginia Power high tension transmission line. Consistent with past actions on similar facilities, the base of the tower should be secured with a fence to discourage trespassing (Proffered Condition 1). In addition to the security fence, this proffer would require landscaping along portions of the fence beyond that which is required by the Zoning Ordinance. 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 buildings and screening of mechanical equipment (Condition 6). However, imposition of Condition 6 would not require screening of the tower or tower- mounted equipment. Proffered Condition 2 further addresses the treatment of the tower so as to mask its utilitarian appearance. 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) CONCLUSIONS The proposal lies within the boundaries of the Northern Area Land Use and Transportation Plan which suggests the request property is appropriate for residential use of 7.01 units per acre or more. The tower site conforms to the siting criteria of the Public Facilities Plan and Guidelines 6 99SN0216/WP/APR14R for Review of Substantial Accord Determinations and/or Zoning Approval for Communications Tower Locations which suggest that communications towers should generally be located away from areas of anticipated residential development and grouped with other energy and communications facilities in remote or industrial locations. Specifically, the request property is occupied by a Virginia Power substation and lies adjacent to a Virginia Power high tension transmission line. 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 this request is recommended. CASE HISTORY Applicant (2/8/99): The request was amended to seek a Conditional Use in lieu of a Conditional Use Planned Development. Applicant (2/16/99): Revisions to Proffered Condition 1 and an additional proffer, Proffered Condition 2 were submitted, as discussed herein. Planning Commission Meeting (2/16/99): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Shewmake, seconded by Mr. Gulley, the Commission recommended approval of this request subject to the conditions on pages 2 and 3 and acceptance of the proffered conditions on pages 3 and 4. AYES: Unanimous. Further, for the reasons stated herein, 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". 7 99SN0216/WP/APR14R The Board of Supervisors, on Wednesday, April 14, 1999, beginning at 7:00 p.m., will take under consideration this request. 8 99SN0216/WP/APR14R )ACH MILL_ST_ONE' MIDLOTHIA~-: ,~.~_.. ~----,,-,? o-,, ~ ~.. c~.~ , ' '~ .l 0-~, ~ 99SNO216__(AMENDED) ~"c.u. ~-M~' SH.'? ~-_._' ~ Flush Mounted Antennae February 4, 1999 ,=t,=t5 No ~ IG -!