13 March 10, 2010 Public Hearing APPLICANT: NEW CINGULAR WIRELESS PCS, T/A AT & T PROPERTY OWNER: CITY OF VIRGININA BEACH

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1 13 March 10, 2010 Public Hearing APPLICANT: NEW CINGULAR WIRELESS PCS, T/A AT & T PROPERTY OWNER: CITY OF VIRGININA BEACH REQUEST: Conditional Use Permit (Communication Tower) STAFF PLANNER: Faith Christie ADDRESS / DESCRIPTION: 408 Sandbridge Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 0.52 acre (22,651 square feet) AICUZ: Less than 65 db DNL APPLICATION HISTORY: On February 10, 2010, the Planning Commission deferred this item at the request of the applicant to provide time for the applicant to meet with residents of the area for the purpose of further discussing methods of ensuring compatibility of the proposed tower to the surrounding area. The applicant has since met with the residents and discussed the proposals of the residents with City staff. The modifications requested by the residents are intended to make the proposed building and the existing building on the site compatible in style to the Sandbridge community. The recommended conditions at the end of this report have been revised to address the community s issues. The applicant is agreeable to the revisions. SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for a communication tower. The Sandbridge Beach area of the city is sorely lacking in mobile wireless telephone coverage, as evidenced by the existing coverage map (page 10 of this report). The applicant proposes to construct a 175-foot tall communication tower and a 1,034 square foot pre-fabricated building within the secure compound of the Department of Public Utilities Sandbridge Beach water tower. The applicant and other carriers have been working with the Departments of Planning and Public Utilities since 2005 to determine the feasibility of locating a wireless communication tower in this area. Initial discussions centered on colocating an antenna on the existing water tower. Security concerns, however, negated that proposal. The applicant then proceeded with the request for the tower to be located in the compound. Page 1

2 The submitted site plan depicts a lease area of 3,760 square feet along the western side of the site. The proposed tower is located in the northwest portion of the site. The proposed equipment building is located 17 feet from the front property line and is aligned with the existing Public Utilities maintenance building. The style of the proposed building is similar to the existing maintenance building. The proposed tower will be 175 feet in height with a platform at the top of the antenna to accommodate an osprey nest currently located on the site. The site is currently enclosed with a chain-link fence and has an existing access from Sandbridge Road. Due to security concerns, the lease area for the tower operation will have a separate security fence and a separate entrance from Sandbridge Road. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A City of Virginia Beach Public Utilities water tower and maintenance building occupy the site. SURROUNDING LAND USE AND ZONING: North: Undeveloped property / B-2 Community Business South: Sandbridge Road East: Marlin Lane West: Undeveloped property / B-2 Community Business 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 secure compound. The nest will be relocated to the top of the tower at the appropriate time in the construction schedule. EVALUATION AND RECOMMENDATION Staff recommends approval of this request subject to the conditions listed below. The Sandbridge Beach area lacks adequate mobile wireless telephone service. Currently, service is limited to areas outside of buildings and that service is unreliable. There are no structures in the Sandbridge Beach area with the height needed to provide an opportunity for building-mounted antennas. As previously discussed in this report, mounting antennas on the existing water tower is not an option due to security concerns; therefore, the option of constructing a communication tower on the site of the water tower, within a separate secured area, is being proposed as a viable alternative for providing service within this area. The applicant worked with staff to insure the following requirements imposed by the Department of Public Utilities are met: Page 2

3 1. A separate entrance and security fence to insure security protocol is observed on the site. 2. Construction of a tower that is complementary to the existing water tank. The tower will be painted and maintained with exterior paint ICI Devoe, Devthane 379 Aliphatic Urethane Gloss Coating finish, TNEMEC Steel Blue (TNEMEC color GB21). 3. The applicant shall install a FAA Aircraft Obstruction Warning Light, red in color, on the tower. 4. The applicant shall construct the maintenance building to mirror the existing building with regard to color and materials. 5. The applicant shall submit a Notice of Proposed Construction to the FAA for review and approval. 6. The applicant shall discuss the project with United States Navy NAS Oceana and provide any comments and or approvals. 7. The applicant shall re-locate the osprey nest. The proposed tower has a platform for this purpose. The applicant met with the community and provided information regarding the operation of the tower. The applicant will be meeting again with the neighborhood between the Planning Commission meeting and the City Council meeting to provide additional information regarding the coverage areas and design of the monopole. On September 22, 2009, the City Council awarded a lease to New Cingular Wireless for the use of this public property for a wireless communication tower and supporting structures. Staff recommends approval of the Use Permit subject to the following conditions. CONDITIONS 1. The lease area shall be developed substantially in accordance with the submitted plan entitled Sandbridge Beach Site No. NF302C 408 Sandbridge Road, Virginia Beach, VA 23456, dated 11/30/09, and as revised 02/02/10, and prepared by BC Architects Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. As provided for by Section 232(g)(1) of the Zoning Ordinance, yard and tower setbacks as depicted on the plan shall supersede the setbacks provided by the Zoning Ordinance. 2. 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. 3. The applicant shall improve the entrance to the site in accordance with the Public Works department Specifications and Standards for commercial entrances. The proposed tower shall not exceed one hundred seventy-five (175) feet in overall height. 4. The tower shall be painted and maintained. The finish coat shall be with exterior paint ICI Devoe, Devthane 379 Aliphatic Urethane Gloss Coating finish, TNEMEC Steel Blue (TNEMEC color GB21). Provide draw-down sample to owner for approval. 5. Unless a different type is required by the Federal Aviation Administration (FAA), the applicant shall install a FAA Aircraft Obstruction Warning Light, type 6 LED OL1 FAA TYPE L-180 SINGLE AND DOUBLE OBSTRUCTION LIGHT, red in color, on the tower. Page 3

4 6. The proposed equipment building shall be similar in design and color as the Sandbridge Fire Station building and deigned in substantial conformity with the building elevation shown on Sheet A-3 of the site plan set referred to in Condition 1. The existing maintenance building on the site of the water tower shall be renovated by the applicant to match the exterior materials and color or the wireless equipment building located on the applicant s lease area. 7. The applicant shall install an enclosure around the generator pad for the purpose of screening the generator from Sandbridge Road, as depicted on Sheet A-3 of the site plan set referred to in Condition 1. Said enclosure shall be constructed of the same materials and shall be the same color as the exterior walls of the equipment building. 8. The applicant shall plant two Japanese Black Pine trees, a minimum of two inches in caliper, and four Pampas grasses, a minimum of 36 inches in height, at the southeast and southwest corners of the site. 9. The applicant shall provide the Department of Planning with a copy of the Notice of Presumed Hazard letter from the FAA prior to the issuance of building permits for any portion of the tower. 10. In the event interference with any City emergency communications facilities arises from the user(s) 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 seven days, the user shall cease operation to the extent necessary to stop the interference. 11. In the event that antennas on the tower and/or the tower are inactive for a period of one year, the tower shall be removed at the applicant s expense. 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 PHOTO OF SITE Page 5

6 PROPOSED SITE PLAN Page 6

7 COMPOUND PLAN Page 7

8 PROPOSED TOWER ELEVATION Page 8

9 PROPOSED BUILDING ELEVATION Page 9

10 EXISTING COVERAGE Page 10

11 PROPOSED COVERAGE Page 11

12 Page 12

13 Page 13

14 Page 14

15 DISCLOSURE STATEMENT Page 15