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					NEW CINGULAR
WIRELESS PCS,
LLC (AT&T)
Agenda Item 9
June 11, 2008 Public Hearing

Staff Planner: Karen Prochilo


REQUEST:
Conditional Use Permit for communications
tower.


ADDRESS / DESCRIPTION: Property located at 5060 Ferrell Parkway.

GPIN:                             COUNCIL ELECTION DISTRICT:                 TOWER SITE SIZE:
14655750950000 (portion of)       1 - CENTERVILLE                            3,200 square feet




                                                                     SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow the
installation of a communications tower on this site.

The applicant proposes to lease approximately 40’ x 80’ of area for a wireless communications facility.
The communications facility will have a 150-foot tall monopole (with a four-foot tall lightning rod) and an
equipment shelter at the ground level. Total height proposed will be 153’-6’. The lease area will be
secured by a fence and shielded by the appropriate required landscaping.

There will be no on-site employees. A technician or maintenance person may visit the site periodically to
check equipment.




                                             LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped portion of a retail site

SURROUNDING LAND                North:      •   Across Ferrell Parkway single-family dwellings / PD-H1
USE AND ZONING:                                 Planned Development Unit District
                                South:      •   Multi-family dwellings / PDH1 Planned Development Unit
                                                District



                                   NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL
                                                                      Agenda Item 9
                                                                             Page 1
                             East:         •   Retail and pharmacy / PD-H1 Planned Development Unit
                                               District
                             West:         •   Across Indian River Road, single-family homes / R-7.5
                                               Residential District

NATURAL RESOURCE AND                  The portion of the site proposed for this request is open field. There are
CULTURAL FEATURES:                    no known cultural features associated with this site. A portion of this site
                                      is impacted by wetlands.

AICUZ:                                The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
                                      Oceana.




                                                               IMPACT ON CITY SERVICES
  MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP):
  Ferrell Parkway in the vicinity of this application is considered a four-lane divided major suburban
  arterial. The Master Transportation Plan proposes a divided, access controlled facility with bikeway
  within a 120 foot right-of-way. No Capital Improvement Program projects are slated for this roadway in
  the vicinity of this application.

  TRAFFIC:     Street Name           Present         Present Capacity                  Generated Traffic
                                     Volume
               Ferrell Parkway       52,989 ADT 1    32,500 ADT 1 (max. Level          Existing Land Use 2 –
                                     (Ferrell Pkwy   of Service “C”)                   5,420 ADT
                                     2008)           34,900 ADT 1 (max. Level          Proposed Land Use 3 –
                                                     of Service “D”) / capacity        2 trips per month
                                                     37,100 ADT 1 (max. Level
                                                     of Service “E”)
                                                                                                 1
                                                                                                   Average Daily Trips
                                                                    2
                                                                      as defined by convenience market w/ gas pumps
                                                                   3
                                                                     as defined by wireless telecommunications facility


WATER and SEWER: No impact.

POLICE: No Police Department comments at this time.

FIRE: No Fire Department comments at this time.

COMIT: Information provided by applicant is acceptable. No additional comments at this time.




                                 NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL
                                                                    Agenda Item 9
                                                                           Page 2
                                           EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the conditions below.

Evaluation:
The request of the communications tower to be located on this property is recommended for approval.
The proposed tower will be a 150-foot high structure with a lightning rod 4 feet on top for a total height of
153’-6”. The proposal is designed to allow for up to three (3) additional antennas (carriers) in addition to
the applicant. It is Staff’s conclusion that this tower will not be intrusive to the visual aesthetics of the
community, and this location represents the best alternative for the need in service. The proposed tower
satisfies the criteria for wireless communication facility locations in Section 232 of the City Zoning
Ordinance.

Section 232 of the City Zoning Ordinance requires that no tower be closer to a residential structure than
125 percent of the total height of the tower and antennas. As the proposed antenna will be on the existing
tower at 150 feet, no dwellings can be within 187.5 feet of the base of the tower. There are no dwellings
within this distance of the proposed tower.

Section 232(b)(1) of the City Zoning Ordinance stipulates the minimum setback requirement from the
base of the tower to any property line abutting a residential use or district must be equal to 110 percent of
the height of the tower, or in this case, 165 feet. There are no residential property lines within the
minimum 165 foot setback.

The applicant submitted the required structural report indicating that the proposed tower’s design meets
the requirements of the International Building Code. The applicant also submitted a Nonionizing
Electromagnetic Radiation Report (NIER), indicating that emissions do not exceed minimum ground level
exposure at any point outside the facility and is within compliance with all regulatory agencies and
standards.

In sum, staff concludes that the proposed tower is consistent with the standards provided in the City
Zoning Ordinance for wireless communication towers. Approval is recommended with the conditions
below.



                                                                                                CONDITIONS
    1. When developed and installed, the antennas shall be in substantial conformance with the antenna
       depicted on the plans entitled, “AT & T NF341B Ferrell Parkway Ferrell Parkway Virginia Beach, VA
       23464 (Sheets T-1, C-1 C-2 C-3 C-4 & L-1 with a revision date 4/02/08 and Sheet SP-1 dated
       11/28/07), prepared by SAI Communications with consultants ALLPRO Consulting Group, Inc. and
       Harvey L. Parks, Inc.

    2. The tower shall be limited in height to 150 feet with a lightning rod of 4 feet for a total height of 153’-6”.
       In no instance shall antennas be installed higher than the existing 150-foot high transmission tower.

    3. The applicant shall install a solid wood privacy fence around the proposed telecommunication tower
       and/or ground equipment depicted on the final site plan, with final approval at the discretion of the
       Planning Director. No barbed wire shall be permitted. Landscaping around the tower shall comply with
       the City ordinance requirements.



                                  NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL
                                                                     Agenda Item 9
                                                                            Page 3
   4. No signs indicating the location of this facility are allowed.

   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 tower and all subsequent users.

   6. In the event interference with any City of Virginia Beach emergency communications 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.

   7. The Director of Planning may allow the installation of a type of antennas different from that shown on
      the plans described in Condition 1 if the Director determines that the proposed antenna type will not
      result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a
      structural report is submitted from a licensed structural engineer stating that the tower, with the
      proposed antennas, meets the structural standards established by the Electronics Industry Association
      and the local building code.

   8. Should the antennas cease to be used for a period of more than one (1) year, the applicant shall
      remove the antennas and related equipment.

NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.

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.




                                 NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL
                                                                    Agenda Item 9
                                                                           Page 4
                  AERIAL OF SITE LOCATION

NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL
                                   Agenda Item 9
                                          Page 5
                        PROPOSED SITE PLAN

NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL
                                   Agenda Item 9
                                          Page 6
                PROPOSED ENLARGED PLAN

NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL
                                   Agenda Item 9
                                          Page 7
                PROPOSED TOWER ELEVATION

NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL
                                   Agenda Item 9
                                          Page 8
                 PROPOSED FENCE DETAIL


NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL
                                   Agenda Item 9
                                          Page 9
               PROPOSED LANDSCAPE PLAN

NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL
                                   Agenda Item 9
                                         Page 10
                     WIRELESS NETWORK

NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL
                                   Agenda Item 9
                                         Page 11
                 COVERAGE WITH PROPOSED
                         TOWER




NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL
                                   Agenda Item 9
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                2                          1




1   11/14/06   Modification of Land Use Plan        Granted
    01/11/82   Change from PUD to PD-H1             Granted
    09/20/71   Zoning change from RS3 to PUD        Granted
2   08/26/03   Amendment to the PDH Plan (mini-     Granted
               storage)




                                                  ZONING HISTORY




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