CUP-1O-15, NATIONAL COMMUNICATION TOWERS

Conditional Use Permit ReportSouth Anna Magisterial DistrictPC Meeting Date: January 21, 2016

Overview

Request To permit a 199’ telecommunications towerZoning A-i. Agricultural DistrictAcreage 68.08 acresCUP Acreage 0.23 acresLocation on the south line of Greenwood Church Road (State Route 657)

approximately 550 feet east of its intersection with Hollows Drive(State Route 1347)

GPINs 7841-42-7259General Land Use Plan AgriculturalMajor Thoroughfare Plan Greenwood Church Road — 60’ Minor Collector and Scenic RoadSuburban Service Area OutsideCase Planner Gretchen Biernot

Executive Summan’

This is a request for a 199-foot telecommunications tower located within the Hollows Golf Course,approximately 741.81’ from Greenwood Church Road. The applicant indicates that the proposed towerwill provide cellular phone and high speed internet service to the surrounding community wherecurrently there is a large service coverage gap as demonstrated by propagation studies provided by theapplicant. This proposal has raised tremendous interest from the community, both in support and inopposition to the request.

Staff Recommendation

APPROVAL subject to the conditions as outlined in the staff report.

Planning Analysis

National Communication Towers, Inc. is requesting a 198’ telecommunications tower with a 1’lightning rod that is designed to allow collocations for four or more users. Letters of intent have beenprovided from Verizon Wireless and Last Mile Broadband. The 199’ tower has been designed andlocated to maximize coverage in the surrounding area. Towers exceeding 200’ in height automaticallyrequire lighting by the FAA. A condition is recommended to ensure the height does not requirelighting. The monopole tower will have a galvanized finish, which will be a metallic, silver-gray color.

To illustrate the visual impact of the tower. the applicant raised a balloon to 199’ at the proposedlocation in December 2014. From this balloon test. the applicant generated photo simulations of theproposed tower as observed from nine different locations in the surrounding area. While the distancefrom many neighboring properties and mature trees do help to reduce the visibility, the tower will benoticeable from properties towards the north and along Greenwood Church Road. One resident, whosehouse happens to be closest to the tower, requested another balloon test from the applicant, which washeld on December 16, 2015. Photo simulations from both balloon tests are attached to this report.Residents have raised concerns about the accuracy of the photo simulations. However, staff was notmade aware of either of the balloon tests, and therefore cannot assess the validity of this concern.

Sketch Plan

The sketch plan submitted shows a 100’ x 100’ lease area containing a 70’ x 70’ tower compoundlocated approximately 742’ from Greenwood Church Road. Access to the site will be provided by a12’ access road within the 30’ ingress/egress/utility easement, which runs through the clubhouseparking lot. The 12’ travelway within the parking area will require the removal of two parking spaces.The applicant has agreed to a condition that the language of the easement will state that use of theparking area within the easement will not be impeded with the exception of necessary maintenance ofunderground utilities. Beyond the parking area, the 12’ access road continues as a gravel road to thetower compound. A maximum of 6-8 trips to the site is anticipated monthly. The compound and allequipment is proposed to be screened with a 6’ wooden fence that includes a 14’ wide gate. Manymature trees as taLL as 60’ surround the proposed tower compound. However, the staff would note thatthe trees beyond the CUP area are not protected, and the property owner could remove the trees fromthe property at any time. The applicant’s engineer has certified that the tower will be designed to fallwithin a radius of 45’ from the base of the tower, which more than meets the setback for the tower. Thecertification of the fall radius has been provided with this application. The nearest dwelling is locatedapproximately 980’ to the north.

Comprehensive P/api! Compatibilfly with Surrounding Area

The Comprehensive Plan encourages opportunities to optimize infrastructure that serves residents andbusinesses with wireless technology while ensuring that impacts to neighboring properties areminimized. The Zoning Ordinance requires minimum setbacks at 110% of the tower’s fall radius fromadjacent properties and roads to ensure the safety of neighboring residents. As previously noted, theapplicant’s engineer has certified that the minimum requirements will be met. The applicant’s meansof reducing the visibility of the tower above the treeline has been to choose a galvanized finish for thetower, which not only protects the steel of the tower from corrosion but also blends more naturaljy

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with the changing colors of the sky. However, the proposed tower is not located so that existing treesadequately shield the tower from nearby homes and Greenwood Church Road, which is designated as ascenic road within the Comprehensive Plan. To lessen the visual impact and comply with theOrdinance specifications, staff recommends that the antennae arrays located on the tower be a flatpanel design for a less intrusive appearance. A photograph of an existing tower with flat panel, flushmounted arrays is attached to this report.

In addition, the Comprehensive Plan also advises that telecommunications facilities avoid anyinterference with County communication networks. The applicant has stated in their application thatthe facility will produce no interference with other types of communication.

Citizen Input

The applicant held a community meeting on December 2,2015, at the Hollows Golf Course clubhouse.Several residents in attendance supported the new tower by expressing the need for improved cellphone and Internet service. Many other residents voiced opposition to the tower due to visual impactsto the area and to the scenic views from their homes. Staff has also received many letters in supportand in opposition to the proposed tower, which are attached to this report.

Agency Analysis

There were no substantive comments from any of the reviewing agencies.

In accordance with Article 6, Division 3, Section 26-325, the site shall be developed andmaintained in substantial conformity with the sketch plan titled, “Hollows Cell Tower,” datedOctober 29, 2015, revised December 21, 2015, and prepared by Sekiv Solutions.

A site plan, prepared in accordance with the requirements of Chapter 26, Article 6, Division 2, ofthe Hanover County Zoning Ordinance, shall be submitted for review and approval prior tocommencement of the requested use.

Staff’s Recommended Conditions

Staff recommends the following conditions:

1. The tower shall be limited to a height of 199’. Any telecommunication arrays located on thetower shall be of a flat panel design and flush mounted.

2. The deed of easement for the 30’ wide ingress/egress/utility easement shall contain languagewhich states that the easement will not impede the use of the existing parking spaces other thanwhat may be required for the installation of or maintenance of underground utilities.

3. If the use of the tower ceases and the tower remains unused for a period of eighteen (18)months, the unused tower and associated and unused accessories shall be removed from theproperty.

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4. The applicant shall provide certification, indicating the tower height and design, structure,illustrations of location and type of antennas which could be accommodated, and totalanticipated capacity of the structure, and demonstrating to the satisfaction of the buildingofficial that all structural requirements and other safety considerations set forth in the VirginiaUniform Statewide Building Code and the standards adopted by the Electronics IndustriesAssociation, or any amendments thereof, can be met. This information shall be submitted andapproved prior to Building Permit issuance.

5. Lighting, beacons, and/or other safety devices shall be prohibited. The tower shall be limited toa height of 199’ or to a height that would not require lighting by the Federal CommunicationsCommission or the Federal Aviation Administration, whichever is less.

6. No advertising material or signs shall be allowed on the tower.

7. A reclamation plan for the property shall be submitted and approved in conjunction with siteplan review.

8. All equipment and tower facilities shall be screened with a minimum six (6) foot high woodenfence in accordance with Section 26-263 of the Zoning Ordinance.

9. The operation of any equipment utilizing the tower shall not interfere with County’scommunications system. Any interference shall be corrected at the expense of the owner of theequipment causing the interference.

10. The applicant shall provide verification, through field measurements, that the operation of thecommunications facilities on site is within accepted maximum permissible exposure limits forelectromagnetic radiation as established by the American National Standards Institute (ANSI)and the Institute of Electrical and Electronics Engineers (IEEE) and accepted by the FederalCommunications Commission (FCC).

11. All development and use of the Property shall comply with all federal, State and local statutes,ordinances and regulations.

GJWB/HTE

AttachmentsMaps (land use, vicinity, zoning, aerial)

El Historical Commission RecommendationEl Approved Proffers/Elevations/Conceptual PlanEl County Traffic Study

Application MaterialsE Agency Review CommentsEl 527 Traffic StudyE Citizen CorrespondenceE PhotographsE Proffers/Conceptual Plan

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Hanover County,Virginia

Land Use Map

Legend

Agricultural

Rural Village

Suburban Transilional

Suburban General

Suburban High

Multi-Family

Commercial

Mulli-Use

Mixed-Use (LC/HR)

Mixed-Use (HCILR)

Business-Industrial

Industrial

Limited Industrial

Planned Business

Destination Commerce

Flood Plain

CUP-I 0-15National Communication Towers

Agricultural Land Use

GPIN. 7841-42-7259

South Anna Magisterial District

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1 inch= 1,317 feet

Hanover County,Virginia

General Parcel Map

Legend

Roads

Water

Trees

Private Road

Structures

Parcels

CUP-I 0-15National Communication Towers

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Zoned A-I

GPIN: 1841.42-7259

South Anna Magisterial District

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