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NEW CINGULAR WIRELESS PCS, LLC t/a AT&T Agenda Item 11

11 June 13, 2012 Public Hearing

APPLICANT:

NEW CINGULAR WIRELESS PCS,

LLC T/A AT&T

PROPERTY OWNER:

VA STORAGE CO. L.L.C.

STAFF PLANNER: Ray Odom REQUEST: Modification of a Conditional Use Permit for a communications tower – approved by the City Council on August 14, 2001 and modified by the City Council on November 28, 2006 ADDRESS / DESCRIPTION: 2096 McComas Way

GPIN: 2414-07-2637-0000

ELECTION DISTRICT: PRINCESS ANNE

SITE SIZE: 3.53 acres

AICUZ: 65-70 dB DNL

The Conditional Use Permit permitting the communications tower was approved by City Council on August 14, 2001. The Conditional Use Permit has six conditions, which are listed below.

1. The tower must be designed as a stealth monopole tower no greater than 90 feet in height as

shown on the site plan by Lewis White and Associates, dated 01/05/01 and presented to City Council.

2. The tower placement and landscaping must be as shown on the site plan by Lewis White and Associates, dated 01/05/01 and presented to City Council. A variance from the Board of Zoning Appeals is required for the setbacks for the tower.

3. All base level equipment for all users must be stored within the adjacent self-storage facility.

4. In the event that the tower is inactive for a period of one year, the tower must be removed from

the site at the applicant’s expense.

SUMMARY OF REQUEST


5. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower user and all subsequent users.

6. In the event interference with any City emergency communication facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference.

On November 28, 2006 City Council modified above condition one to the following:

1. The tower shall be designed as a stealth monopole tower no greater than 100 feet in height as shown on the site plan by JM&T Engineering, dated 07/27/06 exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department.

It was the intent of the applicant to modify the above modified condition one to just allow one external flush mounted antenna array. The existing stealth monopole tower was designed to support the small existing internal antennas. The applicant’s representative has indicated that it appears that only one external flush mounted antenna array can be supported on the existing stealth style tower. There are two additional carriers on this facility. At staff’s suggestion, this applicant was expanded to include the future replacement of the existing stealth monopole tower with a standard monopole tower and allow external flush mounted antenna arrays. This will avoid future modification requests at this site. When this tower was originally built, it was constructed to house three sets of three internal panel antennas within the top portion of the tower. This site was designed to be used primarily for voice communications. In the ten years since this site was constructed technology has changed. The applicant’s representative has stated that the applicant’s data traffic on their network has increased 20,000 percent over the past five years due to the use of smart phones, iPhones, iPads, etc. The applicant and other carriers within the city have been upgrading their facilities to cover the increased demand. Basically, the small antennas located within the existing tower can no longer handle the demand and it appears that these types of arrangements will no longer be fusible. These small antenna arrangements do not have the capacity, the ability for multi channels or provide the speed that is required for the current mobile devices. It is the intent of the applicant to add three flush-mounted panel antennas below the last internal antenna array and three small remote radio heads behind each of the new antennas. The proposed flush-mounted panel antennas are approximately six feet long, less than a foot wide and six inches deep. The antennas will be painted to match the tower color. A Structural Report and a Radio Frequency Emission Analysis Report have been submitted for the applicant’s proposed antennas and are acceptable. Any additional antennas or replacement of the existing tower will require the submittal of Structural Reports and Radio Frequency Emission Analysis Reports for those submittals.


EXISTING LAND USE: Self storage facility SURROUNDING LAND USE AND ZONING:

North: Strawbridge Elementary School / R-20 Residential District South: McComas Way / Offices / Restaurant / B-1A Limited

Community Business District / O-2 Office District East: Strawbridge Road / Strawbridge Shopping Center / B-2

Community Business District West: Offices / Indoor Recreation / Church / B-2 Community Business

District COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being within the Suburban Area, adjacent to a Major Commercial Area (London Bridge/General Booth) and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall development of the area. In addition, the Comprehensive Plan seeks to ensure that the City’s “information and communication

infrastructure is tightly connected with the world and is of the highest efficiency and quality.” The proposed Modification to the Conditional Use Permit for the subject communication tower is acceptable. Due to technological advances in mobile devices, the existing small internal antennas are no longer suited to providing adequate service to current mobile units. The applicant and other carriers within the city have been upgrading their facilities to cover the increased demand and new technologies. This requires much larger antennas that can operate at more than one frequency, have expanded capacity, and have a transmission speed capability that is required for the current devices. There are currently two additional carriers on the existing tower that may want to upgrade their facilities in the future. Therefore, it was staffs suggestion that this application be expanded to allow the future replacement of the existing stealth monopole tower with a standard monopole tower and allow external flush mounted antenna arrays. The subject site is located within a major commercial area on a 3.53 acre parcel. The tower location is located a considerable distance from any adjoining structures. Therefore, compatibility issues are not a concern. The addition of the proposed flush-mounted panel antennas painted the same color as the

EVALUATION AND RECOMMENDATION

LAND USE AND PLAN INFORMATION


tower and/or replacement of the stealth monopole tower with a standard monopole tower with flush mounted antenna arrays painted the same color as the tower should not be anymore visible to the casual observer than the existing tower. The addition of the proposed flush-mounted panel antennas and/or replacement of the existing tower with a tower that can support the current mobile devices are in keeping with the Comprehensive Plan’s goals of maintaining the most efficient and highest quality communication infrastructure possible. Staff recommends approval of this requested modification, as conditioned below.

CONDITIONS

1. All conditions attached to the Conditional Use Permit granted by the City Council on August 10, 2001

remain in affect with the exception of condition number one that was modified the City Council on November 28, 2006.

2. Condition number one of the November 28, 2006 Conditional Use Permit modification is deleted and is

replaced with the following: The existing stealth monopole tower may be replaced with a standard monopole tower no greater than 100 feet in height. Either internal antennas or flush-mounted antennas painted the same color as the tower, or both, are permitted on the existing and/or future tower. The existing or future tower shall be substantially in accordance with the site plan prepared by the CLS Group, last revised on July 13, 2011. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department.

NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid.

The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site.


AERIAL OF SITE LOCATION


PROPOSED SITE PLAN


PROPOSED TOWER PLAN


ZONING HISTORY

# DATE REQUEST ACTION

1 11/10/1999 Rezoning (O-2 to B-1A) & Use Permit (self-storage)

Approved

08/10/2001 Mod. of Proffers & Use Permit ( add communication tower)

Approved

11/28/2006 Mod. of Use Permit (90’ to 100’ for tower) Approved

2 10/12/1999 Rezoning (O-2 to B-1A) Approved

3 10/09/2007 CUP (church) Approved 03/10/2009 CUP (indoor recreation) Approved

1

2 3


DISCLOSURE STATEMENT

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