York County BOS to Consider Cell Tower Proposal

By Amber Lester Tuesday, September 21, 2010

The York County Board of Supervisors will consider allowing  a cell tower to be constructed along Denbigh Boulevard at their meeting tonight.

The property, located at 914 Denbigh Boulevard, is currently home to a 5,000-square-foot office building owned by Joseph Buxton III, a trustee for the Denbigh Boulevard Land Trust. The board will be reviewing both a rezoning request, to change the area’s Limited Business designation to General Business, and a Special Use Permit request for the construction of a cell tower. The board will meet at 6 p.m. and consider adoption of the proposal following a public hearing at 7 p.m. in York Hall.

In an effort to expand its coverage, AT&T wants to construct a 130-foot-tall monopole with exterior antenna arrays on the property, according to a memo sent to the Board of Supervisors by County Administrator James McReynolds. The proposed tower would be set back approximately 500 feet south of Denbigh Boulevard and approximately 60 feet from the rear property line. The nearest existing residence is more than 2,000 feet away in Newport News and the nearest future residential area would be the Southpark planned development, more than 1,000 feet to the west.

“The location should allow wireless communication providers to offer reliable service to their customers traveling along Denbigh Boulevard, thus eliminating service gaps for those traveling between Newport News and the County,” McReynolds wrote in his memo.

While AT&T would construct the monopole, it would be designed as a co-location site that could accommodate up to four wireless providers. The base of the tower would be surrounded by a six-foot-tall chain link fence and the gated area could be accessed by vehicles via an access road from the back of the office building parking lot. The Denbigh Boulevard Land Trust has proposed establishing a 20-foot-wide access and utility easement before submitting a site plan.

Although the 130-foot-tall tower will be in the Airport Safety Management overlay district because of its proximity to the Newport News/Williamsburg International Airport, it falls within the maximum height requirement of 131 feet.

McReynolds recommended the board approve the request, based on the county’s policies in the Comprehensive Plan. The county requires towers only be permitted where a proven need exists and all other opportunities for co-location have been exhausted. The nearest tower is located at Mary Immaculate Hospital in Newport News, and that tower does not have room to accommodate another wireless provider. AT&T evaluated four other sites, three of which were rejected, partially due to restrictions from the airport overlay.

To be approved in York County, towers also have to have low visibility. The applicant submitted photo simulations of the proposed tower, showing it would only be visible directly in front of the property on Denbigh Boulevard. Otherwise, it is masked by dense, mature trees.

In his recommendation, McReynolds wrote, “…localities are somewhat constrained in their ability to deny or delay requests for towers.” He said the Federal Communications Commission can overturn local decisions if the plan’s denial is not based on substantial evidence or the denial is based on public health concerns about radio frequency emissions.

He recommended the zoning change request be approved, as well, because it will provide other opportunities for development of the property.