MEMORANDUM

DATE: March 9, 2018

TO: Zoning Hearing Board Crown Castle NG East, LLC

FROM: John R. Weller, AICP, Zoning Officer

SUBJECT: Zoning Hearing Board appeal of Crown Castle Relief requested for wireless communication facilities at seven locations in the Township.

APPLICANT: Crown Castle NG East, LLC 3200 Horizon Dr., Ste. 150 King of Prussia, PA 19406 SITE ADDRESS: Various (see below) REQUEST: Relief from various use, setback, and height regulations found

in Article XXII of the West Whiteland Township Zoning Ordinance (“Zoning”) to allow the placement of wireless communication facilities at seven locations in the Township.

HEARING DATE: March 29, 2018 Background The Applicant specializes in the design and installation of equipment to support wireless communication. They do not provide wireless services to the public, but typically work under contract to entities that do. The Applicant met with Staff on June 21, 2017 to discuss the placement of thirteen distributed antenna system (“DAS”) nodes at various locations within the Oaklands Business Park and the vicinity of Exton Square. As the Applicant will likely testify, while DAS nodes are smaller and less obtrusive than cell towers, they have different location requirements. It is our understanding that the purpose of the DAS nodes being proposed here is not to expand the wireless service area but to increase the capacity within the existing service area. Staff advised the Applicant that in March 2015 the Township amended the Zoning by adopting Article XXII, “Wireless Communications Facilities,” for the specific purpose of regulating features such as DAS nodes. Please note that the Zoning text uses the more generic term “wireless communication facility,” or “WCF,” and this memo will use the terms “DAS node” and “WCF” interchangeably. The principal factors that determine whether a WCF is allowed at a particular location are:

• whether the WCF to be placed on a new pole or on an existing structure (i.e., “tower-based” or “non-tower based,” respectively), and

• whether the WCF is in the public right-of-way of any one of seven streets named in §325-138.A(2) of the Zoning or at some other location on private or public property.

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Following the meeting, the Zoning Officer reviewed each of the proposed DAS node locations and provided his determination in correspondence to the Applicant dated June 27, 2017. The Zoning Officer determined that six of the proposed DAS nodes were allowed by right and seven required variance relief in order to be placed as shown; the correspondence included suggestions as to how those nodes could be made compliant. The Applicant subsequently filed an appeal from the determination of the Zoning Officer, a validity challenge to the Zoning, and application for variance relief to allow the seven nodes that the Zoning Officer found non-compliant. These applications were all continued while the Township and the Applicant met to review the matter. In January 2018, the Applicant withdrew the validity challenge. The appeal from the determination of the Zoning Officer remains active as well as the applications for variance relief; only the latter are being considered at tonight’s hearing. The Applicant has provided a map showing the location of all thirteen proposed DAS nodes1 along with more detailed depictions of each of the seven nodes for which relief is being sought. The detailed drawings have been prepared and sealed by a Professional Engineer. Staff is satisfied that these accurately depict the pertinent improvements on the subject properties as well as what is proposed. The Board will note that there is no Zoning Chart showing the area and bulk standards, as this would be of limited usefulness for these applications. Also, due to the atypical nature of the applications, Staff has elected to summarize the pertinent issues in one memorandum rather than create a separate memo for each DAS node. The seven DAS nodes that are the subject of tonight’s hearing are:

• EMP-11 – Tower-based facility within the public right-of-way for Lincoln Hwy. at 101 Arrandale Blvd. The DAS node is permitted at this location as a conditional use, but the tower exceeds the height limit of 40 feet.

• EMP-12 – Tower-based facility on private property in the I-1 zoning district at 515 James Hance Ct. The DAS node is permitted as a conditional use in the I-1 district, but the tower location does not satisfy the required property line setback of 75 feet.

• EMP-13 – Tower-based facility within the public right-of-way for Creamery Way at 457 Creamery Way. Creamery Way is not one of the streets where DAS nodes are permitted in the right-of-way.

• EMP-14 – Tower-based facility within the public right-of-way Creamery Way at 442 Creamery Way. Creamery Way is not one of the streets where DAS nodes are permitted in the right-of-way.

• EMP-15 – Tower-based facility within the public right-of-way for Thomas Jones Way at 486 Thomas Jones Way. Thomas Jones Way is not one of the streets where DAS nodes are permitted in the right-of-way.

• EMP-16 – Tower-based facility within the public right-of-way for Thomas Jones Way at 427 Creamery Way. Thomas Jones Way is not one of the streets where DAS nodes are permitted in the right-of-way.

• EMP-18 – Tower-based facility within the public right-of-way for Swedesford Rd. at 430 Exton Square Pkwy. Swedesford Rd. is not one of the streets where DAS nodes are permitted in the right-of-way; also, it slightly exceeds the height limit of 40 feet.

1 The six nodes allowed by right are EMP-17, EMP-19, EMP-20, EMP-21, EMP-22, and EMP-23.

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The Zoning Officer has determined that the projects shown require relief from the following Zoning provisions: §325-137.A(3)(c) – The foundation of a tower-based WCF on private, non-residential property

must be set back at least 75 feet from all property lines.

EMP-12 is set back approximately 38 feet from the western property line of 515 James Hance Ct. We note that the portion of James Hance Ct. that extends north from the cul-de-sac is not a public street and, according to our records, is entirely within the limits of the subject property.

§325-138.A(2) – Tower-based WCF’s up to forty feet tall are allowed as conditional use (as per §325-136.C) within the rights-of-way of seven public roads, as listed in this section.

Although EMP-11 is within the right-of-way of one of the listed roads (Lincoln Hwy.), it is 55’ 8” tall, exceeding the limit established by this section.

EMP-13, EMP-14, EMP-15, EMP-16, and EMP-18 are all within the right-of-way of a street that is not on the list of streets where WCF’s are permitted. EMP-18 also exceeds the height limit by four inches.

We note that only EMP-18 requires relief from more than one provision. EMP-11, EMP-12, and EMP-18 require dimensional variances; the remaining five WCF’s and EMP-18 require use variances, as WCF’s are not permitted at their various proposed locations. Zoning Hearing Board criteria for review of variance applications (§325-118.A thru F of the Zoning) A. That there are unique physical circumstances or conditions, including irregularity, narrow-

ness or shallowness of lot size or shape, or exceptional topographical or other physical con-ditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this Chapter in the neighborhood or district in which the property is located.

In the opinion of the Zoning Officer, this is a moot issue for all of the subject WCF’s except for EMP-12 as they are within public rights-of-way and not upon a “lot” or “property” within the meaning of this section.

For EMP-12, we are not aware of any peculiarity of the lot that prevents putting the WCF at a compliant location. However, if the Applicant is able to demonstrate that the WCF will not perform its needed function at a compliant location, then the Board may wish to consider if that constitutes a hardship within the meaning of this section.

B. That because of such physical circumstances or conditions, there is no possibility that the

property can be developed in strict conformity with the provisions of this Chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

As noted above, there is no “property” for six of the WCF’s, and the use of 515 James Hance Ct. (a portion of the Collegium Charter School campus) is unrelated to the proposed WCF. A more appropriate interpretation of this criterion may be to determine whether the proposed WCF’s could be revised or relocated to comply with the Zoning. For example, we note that the EMP-11 would comply if its height were reduced to forty feet, EMP-18 would comply if its height were reduced four

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inches and relocated, and the remaining five WCF’s would comply if relocated to an existing structure near their various locations.

C. That such unnecessary hardship has not been created by the Applicant.

We expect that the Applicant will provide testimony that the variances are necessary due to the limitations of wireless technology and/or the public demand for wireless services. While these are not typical sorts of hardship, we note that they are nevertheless beyond the control of the Applicant and were not created by the Applicant.

D. That the variance, if authorized, will neither alter the essential character of the neighbor-

hood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

Each of the proposed DAS nodes will be on a wooden or metal pole between 35 and 56 feet tall. All of the proposed locations are in non-residential areas, although EMP-11 is across Lincoln Hwy. from the Evian community. Information provided by the Applicant indicates that the visual impact will be minimal, and we cannot discern any way in which granting the requested relief would impair the use of any adjacent or nearby property or be detrimental to the public welfare.

E. That in the case where the property in part or totally is located within the regulatory flood-way the granting of a variance will not increase the base flood elevation.

None of the seven locations are in a FEMA-designated floodway or any other special flood hazard area.

F. That the variance, if authorized, will represent the minimum variance that will afford relief

and will represent the least modification possible of the regulation in issue. In granting any variance, the hearing board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Chapter.

The Board should confirm whether EMP-11 and EMP-18 can be shortened to satisfy the height limit of 40 feet. Similarly, the Applicant should demonstrate whether EMP-18 and the remaining DAS nodes can be relocated to a compliant location.

Attachments

1. Map of proposed DAS node locations, undated. 2. Plan sets for EMP-011, EMP-012, EMP-013, EMP-014, EMP-015, EMP-016, and EMP-018 dated

April 6, 2017, most recently revised May 19, 2017.

LEGAL NOTICE The West Whiteland Township Zoning Hearing Board will conduct a public hearing on Thursday, March 29, 2018 at 7:30 pm in the West Whiteland Township Building at 101 Commerce Dr., Exton, PA 19341 to hear the appeal of Crown Castle NG East, LLC for relief from the West Whiteland Township Zoning Ordinance in order to allow the placement of seven separate wireless communication facilities (WCF) or nodes within the I-1, Limited Industrial and TC, Town Center zoned areas of the Township in the following locations: 101 Arrandale Blvd. (EMP-011), 515 James Hance Ct. (EMP-012), 457 Creamery Wy. (EMP-013), 442 Creamery Wy. (EMP-014), 486 Thomas Jones Wy. (EMP-015), 427 Creamery Wy. (EMP-016), & 430 Exton Square Pkwy. (EMP-018). The applicant is seeking relief from the following section of the Zoning Ordinance:

§325-137.A(3)(c) – The foundation of a tower-based WCF on private, non-residential property must be set back at least 75 feet from all property lines.

EMP-12 is set back approximately 38 feet from the western property line of 515 James Hance Ct. We note that the portion of James Hance Ct. that extends north from the cul-de-sac is not a public street and, according to our records, is entirely within the limits of the subject property.

§325-138.A(2) – Tower-based WCF’s up to forty feet tall are allowed as conditional use (as per §325-136.C) within the rights-of-way of seven public roads, as listed in this section.

Although EMP-11 is within the right-of-way of one of the listed roads (Lincoln Hwy.), it is 55’ 8” tall, exceeding the limit established by this section.

EMP-13, EMP-14, EMP-15, EMP-16, and EMP-18 are all within the right-of-way of a street that is not on the list of streets where WCF’s are permitted. EMP-18 also exceeds the height limit by four inches.

We note that only EMP-18 requires relief from more than one provision. EMP-11, EMP- 12, and EMP-18 require dimensional variances; the remaining five WCF’s and EMP-18 require use variances, as WCF’s are not permitted at their various proposed locations

If you require an auxiliary aid, service, or other accommodations to observe or to participate in the proceedings, please contact Justin Smiley at (610) 363-9525 to determine how we may accommodate your needs. John Weller Zoning Officer West Whiteland Township

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Properties within 300 ft

UPI Local Address OWN1 Mailing Address 1 Mailing Address 2 Mailing Address 3 Zipcode41-4-328 78 BUTTONWOOD DR STANSBERY RONDA J 2701 HOMEVILLE RD COCHRANVILLE PA 1933041-4-21 EVIAN HOA PO BOX 1605 WEST CHESTER PA 1938041-4-26 609 W LINCOLN HW DAVIES RONALD W LIVING TRUST 71 PRINCEVILLE LA LAS VEGAS NV 8911341-4-31.37A 111 ARRANDALE BL ARRANDALE I MEDICAL PROPERTIES LP C/O MB REAL ESTATE 181 W MADISON ST SUITE 4700 CHICAGO IL 6060241-4-31.36 103 ARRANDALE BL MLR ASSOCIATES LLC 332 GORDON DR EXTON PA 1934141-4-30.2 ARRANDALE AT OAKLANDS 408 W LINCOLN HWY EXTON PA 1934141-4-28.2 100 ARRANDALE BL PRC-PRECISE REAL ESTATE LP 100 ARRANDALE BLVD STE 100 EXTON PA 19341

UPI Local Address OWN1 Mailing Address 1 Mailing Address 2 Mailing Address 3 Zipcode41-4-30.2 ARRANDALE AT OAKLANDS 408 W LINCOLN HWY EXTON PA 1934141-4-30 535 JAMES HANCE CT COLLEGIUM CHARTER SCHOOL 535 JAMES HANCE CRT EXTON PA 1934141-4-31.33 523 JAMES HANCE CT DE LA RUE CARD SYSTEMS 523 JAMES HANCE CRT EXTON PA 1934141-4-31.19 515 JAMES HANCE CT COLLEGIUM CHARTER SCHOOL 435 CREAMERY WAY SUITE 300 EXTON PA 19341

UPI Local Address OWN1 Mailing Address 1 Mailing Address 2 Mailing Address 3 Zipcode41-4-31.11 443 CREAMERY WY EXTON RANCH LLC 451 CREAMERY WAY EXTON PA 1934141-4-31.12 467 CREAMERY WY 457 CREAMERY WAY PARTNERS LP C/O TRIPOINT PROPERTIES INC 150 E PENNSYLVANIA AVE STE 510 DOWNINGTOWN PA 1933541-4-31.17 460 CREAMERY WY 460 CREAMERY WAY LP C/O CBS PROPERTIES LLC 6 SUSSEX PL DOWNINGTOWN PA 1933541-4-31.18 456 CREAMERY WY JM456CW LLC & MJMT456CW LLC 2 LEE BLVD MALVERN PA 19355

UPI Local Address OWN1 Mailing Address 1 Mailing Address 2 Mailing Address 3 Zipcode41-4-31.11 443 CREAMERY WY EXTON RANCH LLC 451 CREAMERY WAY EXTON PA 1934141-4-31.42 444 CREAMERY WY GRACE COVENANT 444 CREAMERY WAY SUITE 100 EXTON PA 1934141-4-31.2 442 CREAMERY WY CABOT IV-PA1W02 ATTN ASSET MANAGER ONE BEACON ST STE 1700 BOSTON MA 0210841-4-31.2A 440 CREAMERY WY CREAMERY WAY PARTNERS LP C/O TRIPOINT PROPERTIES INC 150 E PENNSYLVANIA AVE STE 150 DOWNINGTOWN PA 1933541-4-31.8 435 CREAMERY WY CREAMERY WAY PARTNERS LP C/O TRIPOINT PROPERTIES INC 150 E PENNSYLVANIA AVE STE 150 DOWNINGTOWN PA 19335

UPI Local Address OWN1 Mailing Address 1 Mailing Address 2 Mailing Address 3 Zipcode41-4-31.21 486 THOMAS JONES WY CFM PARTNERS 120 ARRANDALE BLVD EXTON PA 1934141-4-31.28 490 JOHN YOUNG WY EXTON DEV LTD 120 ARRANDALE BLVD EXTON PA 1934141-4-31.26 479 THOMAS JONES WY POSH PROPERTIES NO 24 & WIND GAP FAMILY LP 2216 WILLOW PARK RD BETHLEHEM PA 18020

UPI Local Address OWN1 Mailing Address 1 Mailing Address 2 Mailing Address 3 Zipcode41-4-31.22 475 CREAMERY WY SABIC INNOVATIVE PLASTICS US LLC 2500 CITY WEST BLVD SUITE 100 HOUSTON TX 7704241-4-31.7 427 CREAMERY WY EXTON RANCH LLC 427 CREAMERY WAY EXTON PA 1934141-4-31.4 436 CREAMERY WY CREAMERY WAY PARTNERS LP C/O TRIPOINT PROPERTIES INC 150 E PENNSYLVANIA AVE STE 150 DOWNINGTOWN PA 1933541-4-31.6 424 CREAMERY WY CREAMERY WAY ASSOCIATES LLC 424 CREAMERY WAY EXTON PA 1934141-5-97.5 418 CREAMERY WY PROJECT 1920 LP 418 CREAMERY WAY EXTON PA 1934141-4-31.14 467 CREAMERY WY 467 CREAMERY WAY ASSOCIATES LLC C/O BRITE REALTY SERVICES INC 677 EXTON COMMONS EXTON PA 1934141-4-31.23 475 CREAMERY WY SABIC INNOVATIVE PLASTICS US LLC 2500 CITY WEST BLVD SUITE 100 HOUSTON TX 77042

UPI Local Address OWN1 Mailing Address 1 Mailing Address 2 Mailing Address 3 Zipcode41-5-45 141 E SWEDESFORD RD EXTON WHITELAND DEVCO C/O R J WATERS & ASSOCIATES INC 200 OLD FORGE LA SUITE 201 KENNETT SQUARE PA 1934841-5-45.2 151 E SWEDESFORD RD EXTON WHITELAND DEVCO C/O R J WATERS & ASSOCIATES INC 200 OLD FORGE LA SUITE 201 KENNETT SQUARE PA 1934841-5-45.1 153 E SWEDESFORD RD BROADSTONE WI EAST LLC C/O STARBOARD GROUP OF EXTON INC 12540 W ATLANTIC BLVD CORAL SPRINGS FL 3307141-5-85.4A 430 EXTON SQUARE PW UNITED STATES POSTAL SERVICES 430 EXTON SQUARE PKWY EXTON PA 1934141-5-85 103 EXTON SQUARE PW EXTON SQUARE INC PREIT-RUBIN INC C/O EXTON MALL 200 S BROAD ST 8TH FL. PHILADELPHIA PA 1910241-5C-222 100 EXTON COMMONS DAT ENTERPRISES LLC 217 PRESCOTT DR CHESTER SPRINGS PA 19425

EMP-018: 430 Exton Square Pkwy.

EMP-011: 101 Arrandale Blvd.

EMP-012: 515 James Hance Ct.

EMP-013: 457 Creamery Wy.

EMP-014: 442 Creamery Wy.

EMP-016: 427 Creamery Wy.

EMP-015: 486 Thomas Jones Wy.