Site Plan -- Personal Wireless Service Facility, 610 Granny White Pike -- (Granny White Park)
Pike Legal Group, PLLC requests approval for the a new wireless installation within a new71-foot-tall light pole at Granny White Park.
In 2010, the City Commission approved a communication site lease with Clear Wireless LLC, for the placement of a wireless Internet antenna on an athletic field light pole at Granny White Park and installation of an equipment building. Several years later Clear Wireless terminated the lease. In 2019, the City entered into a site lease with Verizon Wireless for the existing pole vacated by Clear Wireless.
Last year, representatives from New Cingular Wireless, PCS LLC requested the placement of a wireless internet antenna on another athletic field light pole at Granny White Park and the installation of an equipment building. As part of the equipment building, New Cingular Wireless agreed that half the building could be used for storage by the Brentwood High School girls’ softball team which uses the adjacent field for its home games.
As you know, the City cannot prohibit the installation of cellular/wireless towers, and several years ago adopted an ordinance which regulates the location and construction of such facilities. The City’s cell tower ordinance strongly favors co-location options in lieu of new tower structures. Given the City’s preference for co-location situations and the potential for additional lease revenue with little or no impact on the park, staff has been negotiating with the New Cingular Wireless to draft an acceptable lease agreement.
As proposed, above-ground facilities will include equipment being placed in a new 71 foot tall "uni-pole" in the park. The lease also provides for an easement running from Granny White Pike to the site to allow for access as needed for maintenance.
The lease agreement allows New Cingular Wireless to maintain, replace, repair, add to or otherwise modify its antennas, utilities, fiber, and ground equipment within the premises, with similar and comparable equipment, provided that the replacement does not extend beyond the premises, without the need for prior approval from the Planning Commission or other consent from the City. However, for any equipment modification that is not similar and comparable or will extend beyond the premises, Verizon must submit new plans to the City's Planning and Codes Department.
The initial term of the lease is five years, and will be automatically extended for four additional five-year terms unless New Cingular Wireless terminates it by giving the City written notice at least six (6) months before to the end of the then-current term. From that point, either New Cingular Wireless or the City may terminate this lease by giving the other party written notice, but if the leas has not been terminated by the end of the fourth five-year extension term, it will continue for additional five-year terms.
During the initial term, the City will receive total annual rental of $30,000, to be paid in equal monthly installments. If the Agreement continues at the end of any five-year term, the monthly rental will increase by ten percent. If this Agreement has not been terminated at the end of the fourth five-year extension term, the monthly rental will again increase by ten percent of the monthly rental for the preceding five-year term and increase again by ten percent every five years for as long as the Agreement remains in effect. |