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HomeMy WebLinkAboutSP200800012 Legacy Document 2008-05-27 (8)VERIZON 'WIRELESS - TIER III PERSONAL WIRELESS SERVICE FACILITY RIO ROAD (EMBARQ SWITCH PROPERTY) Project Description: Cellco Partnership, trading as Verizon Wireless, respectfully requests approval ofa special use permit amendment to allow the installation ofa Tier III Personal Wireless Service Facility (PWSF) on an approximately 1366 -acre parcel of land owned by Central Telephone Company of Virginia dlbiw Embarq ("Embarq"), which is located at 1530 Rio Road East (State Route 63 1) in the Rio Magisterial District and identified as Tax Map 61 i Parcel 129C ("the Property"). The proposed Verizon PWSF site is located within a fenced area at the rear ofthe Property, lying between the brick building housing the Embarq telephone company's switching station and offices and the parking lot ofthe Fashion Square Mall. Access to the facility will be provided from the existing entrance to the Property on Rio Road through the existing parking lot serving the Embarq building. This proposed Tier III PWSF will be an integral part of Verizon Wireless' network that is intended to provide seamless Personal Wireless Communications Services to local residents and businesses. The existing monopole tower has a top height of 250 feet above ground level (ACE). The proposed antennas will be attached to the tower at a height of 240 feet AGE using a three - sectored platform mount. The antennas will be very similar to four ofthe existing antenna arrays on the tower. A set of unused mounting brackets at the top ofthe tower will also be removed. The proposed mounting platform and all antennas will be painted a color that closely matches the galvanized steel finish ofthe existing tower. In addition to the antennas, Verizon Wireless is proposing the installation of a prefabricated equipment shelter measuring 12' x 30' x 10.92' (W x L x II) with transmitters, radios and a diesel powered emergency back-up generator inside. Because the fenced compound around the tower is currently filled to capacity with equipment owned by other carriers that are currently using the tower, a 621 square foot expansion of the compound is requested to allow adequate area for the shelter. Network Objectives: Verizon Wireless recently secured a license from the Federal Communications Commission to provide Personal Communications Services within a new market that includes the County of Albemarle, City of Charlottesville and other surrounding counties. These services range from phones with voice, data, text, video and GPS capabilities, to wireless broadband solutions for personal and business computer systems. All phones and facilities operating on the Verizon Wireless network will be compatible with the Enhanced 911 (E-911) emergency service that use GPS and triangulation technology to help quickly identify the locations from where emergency calls are being made. Verizon Wireless does not currently offer any service options locally, providing limited services within this market only to existing customers from other areas through roaming agreements with another wireless carrier. There had been no opportunities for Verizon Wireless to offer the full range of services until the FCC license was obtained. Verizon Wireless has identified several sites throughout the market that will be integral to establishing this service. Once all ofthe proposed sites are "on -air", Verizon Wireless will be able to provide potentially seamless in -building, in -car and on -street coverage throughout Verizon Wireless PWSF Page I Rio Road (Embarq Tower) the market. By providing coverage within this market, it is Verizon Wireless' objective to ensure that the full range ofsery ices will be available to existing customers, while also allowing an additional, competitive option for access to wireless services by future customers. The specific facility proposed with this application will establish in -building coverage for the nearby residents and businesses located in the area surrounding the intersection of Rio Road and Route 29 North and it will also support in -car coverage for customers traveling on these and other nearby roads in this highly urbanized section of the County, connecting its service with the other antenna sites that are proposed along the. Route 29 corridor. Character of the Area: The Property is zoned Commercial Office (CO) and shares its boundaries with abutting commercially zoned parcels used as a church and the Fashion Square Mall shopping center. Other properties near this site are characterized by a mixture of retail uses, restaurants, offices and high density residential developments. The terrain to the north and south of the Property tends to decrease in elevation, while the land that fronts on Rio Road is fairly level. The existing Embarq building is non-descript and blends with other commercial buildings in the immediate area. Verizon Wireless' proposed antennas are very similar to the existing antennas located on the monopole. The ground facilities associated with the existing tower are generally screened from adjacent properties due to existing landscaping and variation is terrain. Because the proposed antennas will match those already on the monopole, and the proposed shelter will be as well screened as the existing ground facilities , Verizon Wireless' proposed PWSF will not have a significant impact on the character of the area. Co -locations This proposal is consistent with the County's Personal Wireless Service Facilities Policy (hereafter "Policy") which recommends that PWSFs "should be located in opportunity sites." Opportunity sites are "areas within properties where placement of PWSFs is encouraged by Albemarle County." These opportunity sites include existing structures that provide sites for PWSFs that can be installed with limited adverse impacts. The Policy states unequivocally that "personal wireless service facilities should utilize existing structures where possible." The monopole at the Embarq switching station is an existing structure that currently supports telecommunications antennas and dishes that are utilized by several wireless providers and it offers space for additional antennas. The antenna array proposed by Verizon Wireless will be of the same scale as the existing antennas located on the monopole and will not result in any significant change in the visual character of the existing monopole. Verizon Wireless, proposed antenna array on the existing monopole thus meets the County's Policy goals regarding co -locations and utilization of opportunity sites. Another point of consideration is the Federal Telecommunications Act, which requires that state and local zoning authorities not unreasonably discriminate against providers of functionally equivalent services. (See 47 U.S.C. § 332(c)(7)(13)(i)(I)). Verizon Wireless' proposed PWSF will provide service functionally equivalent to that provided be other carriers with antennas located on the existing monopole. It is important that the County permit reasonable co -locations of PWSFs as in several instances, courts have found that a local zoning authority has unreasonably discriminated against a provider by denying a special use permit to co -locate antennas on an existing tower that already has antennas from other wireless service providers. (See.Vextel Partners, Inc. v. Town ofAmherst, 251 F. Supp. 2d 1187, 1194-1195 (W.DN.Y. 2003); Smart,"IR ofN.Y, Inc., 995 F. Supp. 52, 59-60 (D. Verizon Wireless PWSF Page 2 Rio Road (Embarq Tower) Conn. 1998); .Nextel West Corp. v. Town ?f Edgewood, 479 F. Supp. 2d 1219, 1229-1230 (D. New Mex. 2006). Approval of a special use permit for this application thus not only furthers the County's Policy of encouraging the use of opportunity sites, but is supported by established precedent under the 'Telecommunications Act. Compliance with Section 5.1.44 of the Zoning Ordinance: The County's specific design criteria for Tier Ill Facilities, set forth in Section 5.1.40(e), are addressed as follows: • The facility shall comply with subsection 5.1.40(b), subsection 5.1.40(c)(2) through (9), and subsection 5.1.40(4)(2), (3), (6) and (7), unless modified by the board of supervisors during special use permit review. Subsection 5.1.40(b -(1-5): Proposed antennas for the PWSF will be attached on an existing monopole. Verizon Wireless' equipment shelter will be installed in an area near the base of the tower that is already cleared. The property is entirely owned by the Embarq telephone company and the shelter's location will meet the required Commercial Office required district setback from the front property line. There are no setbacks from the rear or side property- lines since the adjoining parcels are all commercially zoned. The attached site drawings, antenna and equipment specifications have been provided to demonstrate that the PWSF regulations and any relevant site plan requirements are met as set forth in Section 32 of the zoning ordinance. Subsection 5.1.40(c)(2): The structure proposed to support Verizon Wireless' antenna co -location is an existing self-supporting monopole. In addition to Embarq's own communications equipment, the tower currently supports the co -location of equipment ow=ned by five other companies that provide personal wireless services, ranging from whip and panel antennas to large microwave dishes. Although screening is not required between boundary lines of commercially zoned parcels, the proposed equipment shelter will be effectively screened by a row of hedges at the rear of the property as is demonstrated with the equipment currently at this site. Additional screening trees are being proposed on the north side of the equipment shelter in order to screen it from Rio Road. If it is deemed necessary as a result of County review, Verizon Wireless can also provide alternative siding on the shelter to help mitigate any anticipated potential visual impacts of the shelter. The proposed shelter will be equipped with one outdoor light fixture that will be operated by a motion sensor for security and maintenance purposes. It will only be used by Verizon Wireless' technical operations staffw hen night-time maintenance is required at the site. Verizon Wireless' construction management team is currently in the process of obtaining an after -market shield or a complete replacement light fixture that complies with the County's lighting requirements. ♦ Subsection 5.1.40(c)(3): The proposed antenna configuration consists of a full sectored array containing six (6) panel antennas with capability of expanding up to 12 total (4 per sector) as the need for increased signal capacity arises. The Amphenol Ante] antennas are identified as model number BSA -185090!12-2 and have measurements of70.9" x 3.9" x 2.0" (LxWxD), giving each antenna an area of Verizon Wireless PWSF Page 3 Rio Road (Embarq `Cower) approximately 276.5 square inches, well below the by-right area of 1152 square inches. The antennas will be installed using a three-sectored platform that will allow for the necessary amount of electrical down-tilting, while ensuring that the spacing between the tower and antenna faces will be consistent with that of the existing arrays of other carriers at the site. Because this request proposes an array of antennas that will not be flush-mounted on an existing structure, a special use permit amendment is required. Verizon Wireless is req nesting Board of Supervisors' approval ofa modification to allow the antennas to be mounted using lite proposed platform, which is consistent with the design used for mounting four other antenna arrays currently attached on the tower. The installation ofa full-sectored antenna array will enable Verizon Wireless to cover its targeted service area and adequately handle the anticipated high number of users in a manner equivalent to other carriers located at this site. This is especially important due to the level of development that has occurred and the lack of any other tall structures far co-locating antennas within this particular area. Furthermore, parcels with large enough areas of frees to support the installation oftreetop facilities are very scarce in the areas surrounding this major intersection in the County's growth area, and it Ls highly unlikely sufficient sites to provide service without leaving gaps in coverage can be developed. ♦ Subsection 5.1.40(c)(4 and 5�: Neither the site access or installation of the facility will require the removal of any trees. Verizon is requesting that the Board of Supervisors allow a modification of the requirements for a tree conservation plan, as there are no trees in the vicinity of the site that will be impacted. ♦ Subsection 5.1.40(c)(6): Should use of the antennas being sited at this location become discontinued at anytime in the future, Verizon Wireless andlor its assignee(s) will completely remove the facility within 90 days. Subsection 5.1.40(c)(7): After the proposed PWSF has been installed, Verizon Wireless will cooperate fully with Embarq in order to ensure that the required annual report accurately accounts for all equipment supporting the proposed PWSF at this site. ♦ Subsection 5.1.40(c)(8): Verizon Wireless is proposing the installation equipment installation without the creation of any 2:1 or greater slopes. ♦ Subsection 5.1.40(c)(9): In order to secure the facility Verizon Wireless is proposing the expansion ofthe existing chain link fence to enclose the proposed shelter . However, the landscaping proposed to screen the shelter from Rio Road East will also assist in screening the fence. Therefore, the chain link fence will not be detrimental to the character of the area or the general welfare, safety and health of the surrounding properties and their residents. 4 Section 5.1.40(d)(2): Verizon Wireless' proposed co-location does not necessitate any increase in the height of the existing tower. Furthermore, an existing set of mounting brackets at the very top of the antenna will be removed when the proposed antennas are installed. Although this tower is visible from many locations within the area, a mounting platform and antennas of the proposed sizes that will painted to Verizon Wireless PWSF Page 4 Rio Road (Embarq Tower) match the tower should appear as minor features as compared with the existing attachments. Section 5 140(dX37: This site is located within one of the County's designated development areas and no open space resources have been identified as being potentially be impacted by this proposal. ♦ Section 5 1 40td1t61: The proposed facility will utilize an existing structure for its antenna mount. ♦ Section 5.1.40fd){71: The proposed antennas will be painted to match the color of the existing tower, whish has a galvanized steel finish, and the equipment shelter will be screened from adjacent properties and roadways by existing vegetation and the proposed landscaping. • The facility shall comply with all conditions of approval of the special use permit (Section 3?.2.4): The Verizon Wireless PIVSF proposed with this application: utilizes a full -sectored array of antennas functionally equivalent to other existing arrays on the monopole used by other carriers. This request requires amendment of the existing special use permit, SP 2002-040, to delete condition 3(e) which effectively, restricts co -locations on this tower to flush -mounted antennas. Based on the unique circumstances affecting this site, a full -sectored array can be added to the existing tower consistent with prior approvals and without producing any significant impact on adjacent properties or the character of the surrounding area. The proposed PSi4F would conform to all other special use permit conditions applicable to the Property. Conclusion: Verizon Wireless is confident that the proposed Personal Wireless Service Facility will meet the criteria for approval of a special use permit and does not conflict with the goals and objectives of the Comprehensive Plan. This special use permit is being requested to allow a full array of antennas that can be installed without any meaningful impact to the surrounding area. The proposed PWSF will be consistent with other PWSF's previously approved for this site. The approval of this PWSF application will contribute to the deployment of a highly reliable personal communications system in this new market, providing an additional option for high quality personal wireless services to Albemarle County residents in the development area near the intersection of Route 24 North and Rio Road. Sincerely. Stephen Waller, AICD Site Development Consultant Verizon Wireless, Charlottesville Market Verizon Wireless PLVSF Page 5 Rio Road (Embarq Tower)