STAFF PLANNER: Ray Odom REQUEST: Modification of a Conditional Use Permit for a Communication Tower approved by the City Council on April 13, 2010

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1 December 14, Public Hearing APPLICANT: NEW CINGULAR WIRELESS, LLC T/A AT&T PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Ray Odom REQUEST: Modification of a Conditional Use Permit for a Communication Tower approved by the City Council on April 13, 2010 ADDRESS / DESCRIPTION: 408 Sandbridge Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 22,651 SF AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant is requesting a modification to one condition concerning the wind loading requirement for a communication tower located on a site that also the City s Public Utilities Sandbridge water tank facility. On April 13, 2010 City Council granted a conditional use permit for a communications tower, for this site, subject to eleven conditions. Condition Two is the subject of this modification request. The condition is as follows: The applicant shall submit a structural report for the tower to be designed at a 150-mph sustained wind speed and a 110-mph sustained wind speed for the proposed maintenance building. Both wind speed criteria shall also include the maximum importance factor and an exposure factor D. During the design of the proposed tower the applicant s structural engineer determined that a tower could not be designed to the 150-mph sustained wind speed, wind loading requirement, for this site. The applicant s structural engineer has determined that a tower can be designed, for this site, meeting a 134- mph sustained wind speed (158-mph 3-second gust). Therefore, it is the intent of the applicant to modify Condition Two to a wind loading of a 134-mph sustained wind speed (158-mph 3-second gust) for the proposed tower. Page 1

2 LAND USE AND PLAN INFORMATION EXISTING LAND USE: A City of Virginia Beach Public Utilities water tower and maintenance building occupy this site. SURROUNDING LAND USE AND ZONING: North: Undeveloped property / B-2 Community Business District South: Sandbridge Road / Undeveloped property / AG-2 Agricultural District and B-2 Community Business East: Marlin Lane / Various commercial establishments / B-4 Mix Use District West: Undeveloped property / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The site is located within the Back Bay watershed of the Southern Watersheds Management area. The United States Fish and Wildlife Service owns the property to the north and west of the site. These are marsh areas with an abundance of vegetation. An osprey nest is located on a 65-foot tall pole within the secured compound. The nest will be relocated, within the compound, at the appropriate time. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as Suburban Area, immediately adjacent to the Sandbridge Suburban Focus Area 6, and is located at the entrance gateway into the Sandbridge Community. The Comprehensive Plan contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in 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 new development of the area. This is accomplished by having all new development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. CITY SERVICES No City Services will be impacted by this request. EVALUATION AND RECOMMENDATION The proposed modification to Condition Two, concerning the wind loading requirement for the proposed communication tower, approved by City Council on April 13, 2010 is acceptable. The current condition Page 2

3 requires the proposed tower to meet a wind loading requirement of a 150-mph sustained wind speed. It was determined during the design process that a tower could not be designed for this site that could meet this condition. The applicant s structural engineer determined that a tower could be designed, for this site, which meets a 134-mph sustained wind speed (158-mph 3-second gust) wind loading. The Public Utilities Department has had their structural engineering consultant review this request. The Public Utilities Department has determined that a tower meeting a wind loading requirement of a 134-mph sustained wind speed (158-mph 3-second gust) is acceptable for ensuring the integrity of the existing water tank. Therefore, staff recommends approval of this requested subject to the following conditions. CONDITIONS 1. All conditions, with the exception of number two, attached to the Conditional Use Permit granted by City Council on April 13, 2010 shall remain in effect. 2. Condition Number two of the April 13, 2010 Conditional Use Permit is deleted and is replaced with the following condition: The proposed communication tower shall be constructed to a 134-mph sustained wind speed (158- mph 3-second gust) wind loading requirement, as per the structural report by Crown Castle dated September 28, 2011, said report is on file in the Planning Department and a 110-mph sustained wind speed (120-mph 3-second gust) for the proposed maintenance building. 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 3

4 AERIAL OF SITE LOCATION Page 4

5 PROPOSED SITE PLAN Page 5

6 Proposed Elevation Plan Page 6

7 1 ZONING HISTORY # DATE REQUEST ACTION 1 04/13/2010 Use Permit (communication tower) Approved Page 7

8 DISCLOSURE STATEMENT Page 8

9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10