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98SN0125.pdfJanuary 28, 1998 BS REQUEST ANALYSIS AND RECOMMENDATION 98SN0125 PrimeCo Personal CommuniCations, L. P. Matoaca Magisterial District South line of Beach Road REQUEST: Conditional Use Planned Development to permit a 185 foot communications tower and a forty-four (44) foot exception to the fifty (50) foot rear yard setback requirement in an Agricultural (A) District. PROPOSED LAND USE: A 185 foot communications tower with accessory equipment is planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3. AYES: MESSRS. GULLEY, SHEWMAKE, MARSH AND MILLER. ABSTENTION: MR. CUNNINGHAM. STAFF RECOMMENDATION Recommend approval for the following reasons: The tower site conforms to the siting criteria of the Public Facilities Plan which suggests that communications towers should generally be located away from areas of anticipated residential development and, where possible, in proximity to other towers. Specifically, the proposed tower site lies within the boundaries of the Southern and Western Area Plan which suggests the request property and surrounding area are appropriate for rural conservation uses. Therefore, it is anticipated that no significant residential development will occur in the vicinity of the request site until such time that adequate public facilities are available. The tower conforms to the siting criteria of the Public Facilities Plan and the Guidelines for Planning Commission Review of Substantial Accord Determinations and/or Zoning Approval for Communications Tower Locations which suggests that communications towers should generally be located away from areas of anticipated residential development and be grouped in remote areas. Specifically, a tower exists on adjacent property to the south of the request site. Co The conditions recommended herein will further minimize the possibility of any adverse impact on existing or future area development, as well as on 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 the tower use. (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 in conjunction with final site plan review. (P) (STAFF/CPC) 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, a copy of FAA approval shall be submitted to the Planning Department prior to the release of a building permit. 0)) (STAFF/CPC) 4. The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Tmnked System. The developer shall perform an engineering study to determine the possibility of radio frequency interference with the County system. Prior to release of a building permit, the study shall be submitted to, and approv_~d by, the Chesterfield County Communications and Electronics staff. (GS) (STAFF/CPC) 5. The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Tmnked 2 98SN0125/WP/JAN28K (STAFF) (CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) o o System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The treatment, color and lighting system for the tower shall be as follows: a. The exact design of the tower shall be approved by the Planning Department. In general, the tower shall be of a monopole design with a minimal diameter. Further, antennas or other tower-mounted equipment shall be spaced, placed and be of such dimensions so as to minimize the visual impact. a. The tower shall be of a monopole design. bo The tower shall be gray or another neutral color, acceptable to the Planning Department. Co 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. (P) All driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) Any building or mechanical equipment shall comply with Section 19- 595 of the Development Standards Manual 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 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) 3 98SN0125/WP/JAN28K GENERAL INFORMATION Location: South line of Beach Road, east of Brandy Oaks Drive. GPIN 728-652-Part of 2145 (Sheet 29). A Size: 1.0 acre Existing Land Use: Vacant Adjacent Zoning & Land Us.e: North - A with Conditional Use and R-25; Single family residential, public/semi-public and vacant South - A with Conditional Use; Communications tower East - A with Conditional Use Planned Development; Public/semi-public or vacant West - A; Vacant UTILITIES The proposed tower and associated equipment will not necessitate a manned facility; therefore, the public water and wastewater systems are not required. ENVIRONMENTAL Drainage and Erosion The request property drains south to the Appomattox River via tributaries. 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. 4 98SN0125/WP/JAN28K PUBLIC FACILITIES Fire Service: Adequate fire service capacity exist to serve this use. County_ Cormnunications: 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, a condition should be imposed to ensure that the tower is designed and constmcted so as not to interfere with the Chesterfield County Public Safety Tmnked 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 FAA approval is required, a copy of such approval should be submitted to the Planning Department prior to the release of a building permit. (Condition 3) Transportation: The proposed tower and associated equipment will have a minimal impact on the existing transportation network. LAND USE General Plan: The request property lies within the boundaries of the Southern and Western Area Plan which suggests the request property and surrounding area are appropriate for rural conservation uses. Area Development Trends: The request property and surrounding area, south of Beach Road, is characterized by single family residences on acreage parcels and vacant land. It is anticipated that these area properties will not be zoned and developed for residential use until such time that public facilities become available to serve the area. 5 98SN0125/WP/JAN28K Properties north of Beach Road, in the vicinity of the tower site's access driveway, are zoned residentially and are being developed for single family residences in Brandy Oaks Subdivision. However, as noted herein, the tower site is located approximately 1,470 feet south of Beach Road in an area where residential developmem is not anticipated in the near future. On July 24, 1985, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved a Conditional Use to permit a fraternal organization on the request property and adjacent property to the south and east (Case 85S083). Case 85S083 was approved for five (5) years. On June 26, 1991, the Board approved renewal of Case 85S083 without a time limitation (Case 91SR0146). The tower site consists of an acreage parcel lying approximately 1,470 feet south of Beach Road. Access to the property will be provided via a driveway to Beach Road. Portions of the request property are occupied by the picnic facilities of a chapter of the Fraternal Order of Police. The Federal Aviation Administration may require lighting and/or markings so as to minimize possible air traffic hazards. Lighting should be designed so as not to adversely affect existing and furore area development. (Condition 6) Consistent with past actions on similar facilities, the base of the tower should be secured with a fence to discourage trespassing. (Condition 2) 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 8). Specifically, imposition of Condition 8 would require that no building exterior which would be visible to any agricultural district or any public right of way conSiS~g of architectural materials inferior in quality, appearance, or detail to any other e~erior 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 corrugated and/or sheet metal could be visible from any adjoining agricultural district or any public right of way. No building exterior could be constructed of unpainted concrete block or corrugated and/or sheet metal. Mechanical equipment, whether ground-level or rooftop, would have to be shielded and screened from public view and designed to be perceived as an integral part of the building. 6 98SN0125/WP/JAN28K However, it should be noted that imposition of Condition 8 would not require screening of the tower or tower-mounted equipment. Given the existence of residential development in proximity to the tower site in Brandy Oaks Subdivision, the tower should possess design features that minimize its utilitarian nature. (Condition 6.a.) 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 9) CONCLUSIONS The tower site conforms to the siting criteria of the Public Facilities Plan which suggests that communications towers should generally be located away from areas of anticipated residential development and, where possible, in proximity to other towers. Specifically, the proposed tower site lies within the boundaries of the Southern and Western Area Plan which suggests the request property and surrounding area are appropriate for rural conservation uses. Therefore, it is anticipated that no significant residential development will occur in the vicinity of the request site until such time that adequate public facilities are available. In addition, the tower conforms to the siting criteria of the Public Facilities Plan and the Guidelines for Planning Commission Review of Substantial Accord Determinations and/or Zoning Approval for Communications Tower Locations which suggests that communications towers should generally be located away from areas of anticipated residential development and be grouped in remote areas. Specifically, a tower exists on adjacent property to the south of the request site. The conditions recommended herein will further minimize the possibility of any adverse impact on existing or future area development, as well as on the Chesterfield County Public Safety Trunked System or the County Airport. Given these considerations, approval of this requeSt is recommended. CASE HISTORY Planning Commission Meeting (10/21/97): At the request of the applicant, the Commission deferred this case to December 16, 1997. Staff (10/23/97): The applicant was advised in writing that any significant new or revised information should be submitted no later than October 27, 1997, for consideration at the Commission's 7 98SN0125/WP/JAN28K December 16, 1997, public hearing. Also, the applicant was advised that a $150.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (11/5/97): The applicant paid the $150.00 deferral fee. Staff (11/25/97): To date, no new information has been received. Planning Commission Meeting (12/16/97): The applicant did not accept Commission's recommendation. staff recommendation, but did accept the There was no oPPOsition present. Planning The Planning Commission generally agreed that Condition 6.a., as recommended by staff should be modified to allow the developer to determine the spacing, placement and dimensions of any antennae or other tower-mounted equipment. Mr. Cunningham expressed concern relative to the modification. Messrs. Miller and Cunningham indicated that their support to the mOdification should be no indication that they would support modification in other cases. On motion of Mr. Marsh, seconded by Mr. Shewmake, the Commission recommended approval of this request, subject to the conditions On pages 2 and 3. AYES: Messrs. Gulley, Shewmake, Marsh and Miller. ABSTENTION: Mr. Cunningbam. Further, the Commission found the facility to be in Substantial Accord with the Comprehensive Plan. The Board of Supervisors, on Wednesday, January 28, 1998, beginning at 7:00 p.m., will take under consideration this request. 8 98SN0125/WP/JAN28K BRANDY OAKS BUFFER N I I Ii II II I tt 98SN0125 C.U.P.D. SH. 29 6" MIN. NO. ,57 STONE TO EXTEND 5' OUTSIDE FENCE AREA PROPOSED LEASE AREA PROPOSED 30'x4. O'x7' CHAIN UNK FENCE PROPOSED 10' ACESS GATE 4~0.00 PROPOSED 10' ACCESS ROAD-- N ", PROPOSED 25' '~ACCESS EASEMENT-- EXISTING TREEL~NE ~ --POINT OF BEGINNING "PARCEL B" PROPOSED 12'x16'EQU~MENT PN~ '" ,/ 185' MONOPOLE 'PROPOSED ICE BRIDGE SNO l 5-/ 98SN0125 In Matoaca Magisterial District, PRIMECO PERSONAL COMMUNICATIONS, L. P. requested Conditional Use Planned Development and amendment of zoning district map to permit a 185 foot communications tower and setback exceptions. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for rural conservation area use. This request lies in an Agricultural (A) District on 1.0 acre fronting approximately 25 feet on the south line of Beach Road, approximately 1,600 feet of east of Brandy Oaks Drive. GPIN 728-652-Part of 2145 (Sheet 29) . Mr. Jacobson presented a summary of Case 98SN0125 and stated that staff and the Planning Commission recommend approval, subject to conditions. Mr. Brennen Keene, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 98SN0125, subject to the following conditions: There shall be no signs permitted to identify the tower use. (P) 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 in conjunction with final site plan review. (P) 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. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. The developer shall perform an engineering study to determine the possibility of radio frequency interference with the County system. Prior to release of a building permit, the study shall be submitted to, and approved by, the Chesterfield County Communications and Electronics 98-63 staff. (CS) 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. (CS) The treatment, color and lighting system for the tower shall be as follows: a. The tower shall be of a monopole design. 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. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) Any building or mechanical equipment shall comply with Section 19-595 of the Development Standards Manual 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 the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower- mounted equipment.) Ayes: Nays: 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) Humphrey, Warren, Barber, Daniel, and McHale. None. 1/28/98 98-64