11 October 8, 2014 Public Hearing

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11 October 8, 2014 Public Hearing APPLICANT: T-MOBILE NORTHEAST, LLC PROPERTY OWNER: DOMINION VIRGINIA POWER STAFF PLANNER: Graham Owen REQUEST: Conditional Use Permit (Wireless Communication Tower)

1 11 October 8, 2014 Public Hearing APPLICANT: T-MOBILE NORTHEAST, LLC PROPERTY OWNER: DOMINION VIRGINIA POWER STAFF PLANNER: Graham Owen REQUEST: Conditional Use Permit (Wireless Communication Tower) ADDRESS / DESCRIPTION: 1946 South Independence Boulevard GPIN: ELECTION DISTRICT: CENTERVILLE SITE SIZE: 41,794 square feet (0.96 acres) AICUZ: <65 db DNL BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit for a 100-foot high wireless communication tower. The proposed site is located adjacent to a Dominion Virginia Power substation and currently contains a 90- foot high communication tower. The existing tower was permitted in 2003 as a Modification to the Green Run Land Use Plan. In 2012, the Zoning Ordinance was amended to allow several additional land uses within PD-H1 Planned Developments. One of those added was communication tower as a conditional use. As a result of the 2012 Zoning Ordinance amendments, communication towers within a PD-H1 Planned Development no longer require a Modification of the Land Use Plan; therefore, the new communication tower proposed for this site requires a Use Permit as opposed to the Modification to the Land Use Plan required in 2003 for the existing tower. Details The submitted site plan shows a 45 x 20 expansion to the existing 45 x 45 fenced compound area. T- Mobile would use a 15 x 15 lease area within this compound for a backup diesel generator and equipment cabinets, leaving room for other carriers to collocate ground equipment in the expanded area. Page 1

2 The proposed tower would be 100 feet in height with a 2-foot lightning pole, and would be located less than 30 feet from the existing 90 foot tower. The proposed tower is a stealth monopole design with closely-mounted antennas, and would resemble the physical appearance of the existing tower. This style would also resemble the nearby Virginia Power electric transmission poles of similar height. The applicant is unable to collocate antennas on the transmission poles because they are made of concrete and not structurally adequate for mounted antennae. The proposed six-foot high fence expansion would be built of the same materials as the existing fence. The applicant has submitted a landscaping plan that depicts southern wax myrtles along the exterior of the fence enclosure, as well as four Leyland cypress trees that will screen the fence enclosure, and eventually a portion of the tower itself, from the adjacent townhomes. Existing mature trees on the site also screen the enclosure and tower from these residences, in some cases obscuring the existing tower completely. A number of bushes along the existing fence enclosure have died and will be replaced through an unrelated antenna co-location application. The landscaping plan also depicts four Leyland cypress trees along the hedge on South Independence Boulevard that will better screen the site from the road. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Communication Tower and Dominion Virginia Power substation SURROUNDING LAND USE AND ZONING: North: Canal with drainage easement / PDH-1 Planned Unit Development South: Dominion Virginia Power substation / PDH-1 Planned Unit Development East: Townhouses / PDH-1 Planned Unit Development West: Dominion Virginia Power substation / PDH-1 Planned Unit Development NATURAL RESOURCE AND CULTURAL FEATURES: The site is located adjacent to one of the canals and greenbelts within the Green Run Planned Development. The site is located within the Chesapeake Bay Watershed and London Bridge Creek sub-watershed. There are no known significant cultural features on the subject site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) In addition, the Comprehensive Plan stresses the need to ensure the City s information and communication infrastructure is tightly connected with the world and is of the highest efficiency and quality. (p. 1.7) Page 2

3 There are no impacts to City services as a result of this proposal. IMPACT ON CITY SERVICES EVALUATION AND RECOMMENDATION This request for a Conditional Use Permit for a 100-foot tall communication tower is acceptable. The subject site already contains a communication tower as well as an electrical substation, and given the presence of these other tall structures in the immediate vicinity, the site and position of this tower proposal is preferable than to find another location within the Green Run Planned Development. The proposed tower, while 10 feet taller than the existing tower, would be designed to accommodate three carriers. At this height, the tower would be better positioned to provide increased service across wireless carriers, and reduce the short-term need for additional towers in the area. The applicant has provided photo simulations depicting the view of the proposed tower from two locations along South Independence Blvd as well as one view from the adjacent multifamily units to the southeast of the site. The tower would be set back over 66 feet from the nearest property line, and over 160 feet from the nearest residential or apartment dwelling. This exceeds the required minimum setback of 50 feet from the nearest property line in the PD-H1 District, as well as the minimum setback of 125 feet (125 percent of the tower height) from the nearest residential or apartment structure. The ground equipment would be similarly set back from the property lines, and would meet the requirements of the PD-H1 District. The applicant has provided a Radio Frequency Emissions Report from a licensed engineer indicating that the tower antennas would be compliant with the Federal Communication Commission s regulations regarding the maximum permitted exposure levels to non-ionizing radiation. In particular, the cumulative predicted power density of the antennas would be no more than percent of the maximum permitted exposure for uncontrolled environments (i.e., the general public), as measured from two meters above the ground. The applicant has provided a letter from a licensed engineer indicating that the tower would be designed to meet or exceed industry standards as defined by TIA/EIA-222-G. The tower will be designed to accommodate a total of three carriers as required by the City Zoning Ordinance. Also, the tower would be designed to withstand a 115 mph, 3-second wind speed with no ice and a 30 mph wind speed with 0.5 inches of ice, per the Uniform Statewide Building Code. These design criteria are sufficient for the wind loading contour in this location, and if the application is approved, a full structural report will be required during detailed site plan review. Based on Staff s evaluation, particularly with regard to compliance with the standards for communication towers as provided by Section 232 of the Zoning Ordinance, approval of this request with the conditions below is recommended. CONDITIONS 1. The site shall be developed substantially in conformance with the submitted plan package entitled Green Run Substation, VEPCO #1748 prepared by FCI Towers, Inc and AllPro Page 3

4 Consulting Group, Inc. and dated 8/19/2014. This plan package has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The tower shall be designed to accommodate three users in order to provide for future colocation opportunities. 3. A full structural report shall be submitted during detailed site plan review. 4. The tower shall be painted a color that matches the existing tower on the site. 5. The fence shall be constructed and painted to match the existing fence enclosure. 6. Existing mature trees on the site shall remain in order to screen the enclosure and tower structure from the adjacent residential properties. 7. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed site plan review. 8. The maximum height of the tower shall be 100 feet with a 2-foot lightning rod. 9. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration / Obstruction Evaluation office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 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. Page 4

5 AERIAL OF SITE LOCATION Page 5

6 PROPOSED SITE PLAN Page 6

7 PROPOSED SITE / LANDSCAPE PLAN Page 7

8 PROPOSED STREET FRONTAGE LANDSCAPE Page 8

9 ELEVATION DRAWING OF PROPOSED TOWER Page 9

10 1 2 ZONING HISTORY # DATE REQUEST ACTION 1 08/05/2003 Modification of the Green Run Land Use Plan Approved (Cell Tower) 2 03/11/1965 Green Run Land Use Plan Approved Page 10

11 VIEW OF SITE FROM SOUTH INDEPENDENCE BOULEVARD Page 11

12 VIEW OF SITE FROM SOUTH INDEPENDENCE BOULEVARD (WITH PHOTO SIMULATION OF NEW TOWER) Page 12

13 VIEW OF SITE FROM FENCELINE ADJACENT TO MULTI-FAMILY DWELLINGS Page 13

14 VIEW OF SITE FROM FENCELINE ADJACENT TO MULTI-FAMILY DWELLINGS (WITH PHOTO SIMULATION OF NEW TOWER) Page 14

15 VIEW OF SITE FROM SOUTH INDEPENDENCE BOULEVARD Page 15

16 VIEW OF SITE FROM SOUTH INDEPENDENCE BOULEVARD (WITH PHOTO SIMULATION OF NEW TOWER) Page 16

17 DISCLOSURE STATEMENT Page 17

18 DISCLOSURE STATEMENT Page 18

6 July 9, 2014 Public Hearing

6 July 9, 2014 Public Hearing APPLICANT: CAMERON JUSTIN MUNDEN PROPERTY OWNER: GRANTED WISH, L.L.C. STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit (Bulk Storage Yard) ADDRESS / DESCRIPTION: