Please find a request to authorize the Village Manager to execute a “Proceed At Own Risk” Declaration with PI Arlington, LLC and Verizon Wireless regarding the issuance of a building permit to proceed with construction of a temporary cell phone tower located in the parking lot area of 1500 W Shure Drive. The agreement is from the petitioner and the property owner. Also included are the plans for the temporary cell phone tower as well as the permanent antennas that are proposed to be installed on the top of the commercial office building at 1500 W Shure Drive. The letter is from Jessica DeWalt, Senior Manager of Network Regulatory and Real Estate with Verizon Wireless, and is requesting the ability to deploy a Temporary Cell Phone Antenna Facility at 1500 W Shure Drive while both the temporary and permanent installations at the same address are reviewed through the Plan Commission process. An executed declaration has not been received to date from the land owner or Verizon and the Village reserves the right to pull the item from agenda if the signed declaration is not received before the meeting date.
Project Background:
Verizon Wireless, in conjunction with YPI Arlington, LLC, the property owner, has submitted a request for approval of a “Proceed At Risk” for a temporary cell phone tower antenna in the parking lot of 1500 W Shure Rd while they pursue approval for a permanent cell phone antenna installation on the façade of the top floor and roof of the eight-story building currently on the site. Please see the attached letter (Proceed at Risk Request JDW 8.23.23) for reference.
On June 2, 2022 Verizon Wireless was informed by Crown Castle that their lease and co-location agreement at was being terminated and would end on September 30, 2023. As referenced in the attached letter (Termination Letter Rand 53) this would require Verizon Wireless to remove all equipment and thus impact the level of service in the area.
Subsequently, Verizon Wireless began searching for suitable sites and willing landowners to begin securing a location and applying to build a new permanent cell phone tower to mitigate the service impacts of removing the existing facility. Verizon Wireless began coordinating with Village staff on the process for approving a new permanent antenna structure and a potential temporary facility in June of 2023. Staff has been provided technical drawings of the temporary and permanent cell phone installations which have been attached for your consideration. The information has been circulated to all relevant departments with no major concerns expressed on these conceptual drawings.
Typically, a temporary installation of this nature would not be permitted in the Village. The unique circumstance of this situation is that the request was tied to a permanent installation of a cell phone antennas on the top-floor façade and roof of the eight-story office building at 1500 W Shure Drive. The fact that Verizon Wireless must vacate their existing facility by September 30th also presented a challenge in that obtaining the approval for the permanent facility and construction would not be complete by that date and thus potentially impact customer and first responder services before completion, thus necessitating a temporary tower. Verizon wireless has submitted coverage maps and details that indicate there will be decreased coverage along Dundee Road and the surrounding service area. This may impact reliable coverage and call capacity. Emergency calls do receive priority on the network, but a reduced overall capacity may have an impact on all remaining calls, including communication between first responders.
The property is currently occupied by two existing cell phone antenna installations. The permanent installation would modify the current equipment as well as add new equipment to the façade of the top level of the building that currently occupies 1500 W Shure Drive. The proposed permanent installation would be reviewed to ensure it conforms with the standards used during all other application of this nature. In addition, the temporary tower would be reviewed in order to require any appropriate variances needed until it is removed.
Verizon has acknowledged in their request that if they do not make application, the permanent application is not approved, or when the permanent tower comes online, they would cease operation and remove the temporary installation within seven days. The temporary installation would still require building permits and department review to ensure it meets all building codes and life safety concerns.
Recommendation
It is recommended that the Village Board approve authorizing the Village Manager to execute a Proceed At Own Risk declaration for Verizon to “Proceed At Own Risk” with construction of the temporary cell phone antenna while the petitioner submits an application to the Plan Commission for a Special Use and all required Variations for consideration of the permanent cell phone antenna on the current building at 1500 W Shure Drive.
This approval shall be subject to the conditions as outlined in the attached Procced at Own Risk Declaration by YPI Arlington, LLC and Verizon Wireless, including but not limited to:
1. Owner and Tenant understand that they are proceeding at their own risk since both the temporary tower and permanent cell phone antenna installations will require a Plan Commission Application to request approvals for a Special Use Permit and/or any other requirements of the Zoning Code. Additionally, the application must be filed by October 30, 2023.
2. The Temporary Use must cease, be removed, and any impacts remediated to bring the property in compliance with the Zoning Code at the sole cost of the Owner and Tenant. This will occur as outlined in the agreement.
3. Issuance of a building permit shall be subject to compliance with all applicable building permit procedures, Letter of Credit requirements, and any other required approvals.