4 November 10, 2010 Public Hearing APPLICANT: NEW CINGULAR WIRELESS PCS,LLC PROPERTY OWNER: VIRGINIA BEACH SCHOOL BOARD STAFF PLANNER: Ray Odom

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1 REQUEST: Conditional Use Permit (communication tower) 4 November 10, 2010 Public Hearing APPLICANT: NEW CINGULAR WIRELESS PCS,LLC PROPERTY OWNER: VIRGINIA BEACH SCHOOL BOARD STAFF PLANNER: Ray Odom ADDRESS / DESCRIPTION: 1272 Mill Dam Road GPIN: ELECTION DISTRICT: Lynnhaven SITE SIZE: acres AICUZ: db DNL SUMMARY OF REQUEST On September 8, 2010 the School Board approved a lease agreement between the Board and the applicant for the development of a communications tower within the First Colonial High School property. The applicant is now requesting the required Conditional Use Permit. This applicant has stated that there is a need to locate a tower within the vicinity to fill in a gap in the mobile wireless telephone coverage for this area, as shown on the Current Coverage map contained within this report. An existing communications tower is located, on this site, in the vicinity of the proposed tower. This tower replaced a stadium light pole. The conditional use permit was approved by City Council on June 8, 1999 and was conditioned to provide for a minimum of two wireless providers. The applicant has stated that their intent was to co-locate on the existing tower; however, this tower is constructed of spun concrete. Engineering studies and tests revealed that the structure was not constructed to handle any additional carriers. The required modifications for the tower to accommodate an additional user were deemed unsightly and unacceptable by School Board staff. Therefore, it was determined that a second tower to accommodate an additional user would be more acceptable. It is the intent of the applicant to replace an existing stadium light pole with a 127-foot galvanized steel communications tower. This structure will be able to accommodate one additional user. The tower will be painted the same color as the existing light poles. The existing stadium lights will be relocated to the Page 1

2 proposed tower and a four-foot by four-foot osprey nest perch will be located at the top of the tower. This tower will have flush-mounted antennas and all cables will be located inside of the structure. The equipment building will be located under the stadium bleachers, adjacent to the tower. The equipment building has been designed to accommodate the applicant s and an additional user s base station equipment. It has also been designed to look like the other buildings within the stadium area. Due to the limited space available and the fact that the ground equipment will be completely screened from the general public s view, no landscaping is proposed. The required RF Emissions Report for the proposed tower has been submitted and is acceptable. The required structural report has not been completed. This tower is being custom designed and will be custom-made. The applicant does not want to endure the cost of the final plans for the tower until it is officially approved. The preliminary structural report indicates that the tower s design will exceed minimum standards. The final structural report will be required and reviewed with the site plan submittal. LAND USE AND PLAN INFORMATION EXISTING LAND USE: First Colonial High School (school building, parking lots and athletic fields) SURROUNDING LAND USE AND ZONING: North: Private school / R-20 and R-15 Residential Districts South: Single family homes / R-20 and R-15 Residential Districts East: Single family homes / R-20 Residential District West: Mill Dam Road, Single-family homes / R-10 Residential District COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as 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 goal of preserving neighborhood quality requires all new development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size, and intensity to the existing area. EVALUATION AND RECOMMENDATION This request fills in a gap for the applicant s mobile wireless telephone coverage in this area. The applicant searched the area for a tall structure to locate on and initially wanted to co-locate on the existing stadium light pole replacement tower, located on this school site. However, it was determined that the existing tower could not accommodate an additional carrier without unsightly modifications. Therefore, the School Board staff worked with the applicant to locate an additional stadium light pole replacement tower that would be able to accommodate one additional user. The placement of the ground equipment under the bleachers on this already well-buffered school site meets the intent of the screening Page 2

3 requirements and negates the need for any actual landscaping. The addition of an osprey nest perch will be a benefit to wildlife in this suburban setting and provide an educational experience for students. In summary, by placing a communications facility within this developed school site and providing a structure that can accommodate an additional user, the applicant has found a solution to improve the cellular service in this area with little or no impact on surrounding neighborhoods. The applicant has met with and/or provided information to the various community organizations and has sent individual notices to adjoining property owners regarding this request. Therefore, Staff recommends approval of this request subject to the following conditions. CONDITIONS 1. The lease area shall be developed substantially in accordance with the submitted plan entitled First Colonial High School Site No. NF303B 1272 Mill Dam Road, Virginia Beach, VA 23454, dated 08/12/09 and as revised 05/27/10, and prepared by MSA, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within seven days, the applicant shall cease operation to the extent necessary to stop the interference. 3. 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 3

4 AERIAL OF SITE LOCATION Page 4

5 OVERALL SITE PLAN Page 5

6 ENLARGED SITE PLAN Page 6

7 TOWER ELEVATION Page 7

8 CURRENT COVERAGE MAP Page 8

9 . COVERAGE WITH TOWER MAP Page 9

10 TOWER SIMULATION GRAPHICS Page 10

11 l 1 # DATE REQUEST APPLICANT ACTION 1 06/08/99 Use Permit (Communications Virginia Beach School Approved Tower) Board ZONING HISTORY Page 11

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13 DISCLOSURE STATEMENT Page 13