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HomeMy WebLinkAboutZ-3789-I Staff AnalysisJanuary 9, 2003 ITEM NO.: 4 FILE NO.: Z-3789-1 NAME: Agape Church — Tower Use Permit LOCATION: 701 Napa Valley Drive OWNER/APPLICANT: Agape Church/T-Mobile c/o Site Excell PROPOSAL: A tower use permit is requested to allow for the placement of a 150 foot tall monopole tower on this R-2 zoned property. Variances are requested from the WCF support structure setback requirement and the WCF landscape and screening requirements. ORDINANCE DESIGN STANDARDS: 2. 3 SITE LOCATION: The tower is to be located on the lower perimeter of the Agape Church property. The church is located on the east side of Napa Valley Road, south of St. Charles Blvd. COMPATIBILITY WITH NEIGHBORHOOD: The tower site is located on the southern fringe of the Agape Church property. The church property wraps around the north, west and east perimeters of the tower site. A wooded hillside separates the site from an apartment complex located to the south. The proposed new monopole is to replace a 97 foot tall, lattice tower. The new tower should be less visibly obtrusive than the lattice tower, although it is taller. A second, monopole tower is located immediately adjacent to the proposed tower site. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the St. Charles and SWLR United for Progress Neighborhood Associations were notified of this request. ON SITE DRIVES AND PARKING: The tower lease area is located in a lower parking lot of the large, Agape Church site. Access to the lease area is through the church's parking lot. There is more than sufficient parking immediately around the lease area to accommodate any technicians who might visit the site. January 9, 2003 ITEM NO.: 4Cont. 4. SCREENING AND BUFFERS: WCF landscaping and buffer requirements apply. 5. PUBLIC WORKS COMMENTS: No Comments, 6. UTILITY FIRE DEPT. AND CATA COMMENTS: FILE NO.: Z -3789-i Wastewater: Sewer main extension required with easements if service is required for project. Entergy: No Comments received. Reliant: No Comments received. Southwestern Bell: No Comments received. Water: No objection. Fire Department: Approved as submitted. Count Plannin : No Comments received. CATA: No Comments received. SUBDIVISInN COMMITTEE COMMENT: (DECEMBER 12, 2002) Chris Villines was present representing the application. Staff briefly reviewed the proposed Tower Use Permit with the Committee, noting that some additional information was needed from the applicant. Chris Villines gave a description of the proposed tower. He noted that the additional information and a letter agreeing to allow collocation of two additional wireless providers would be provided to staff. The variances associated with the proposed tower were briefly discussed. After the discussion, the Committee forwarded the application to the full Commission for resolution. 2 January9, 2003 ITEM NO.: 4 Cont. FILE NO.: Z-3789-1 STAFF ANALYSIS: The Agape Church occupies a large tract of R-2 zoned property located at 701 Napa Valley Drive. In addition to the usual buildings, parking lots and facilities normally associated with a large church, the site also contains two towers and associated equipment buildings. Both towers are located in a lower parking lot at the southwest perimeter of the site. A 180 foot tall monopole tower holds the antennae of several wireless communication companies. This tower and its associated equipment building and cabinets are located within a fenced compound. On February 5, 202, the Board of Directors passed Ordinance No. 18634 which approved a waiver of the WCF landscape requirements on all four perimeters of the site and of the requirement to place an 8 foot tall wood screening fence on 3 of the 4 perimeters. The fence was required on the perimeter adjacent to the southwest. The second tower on the site is 97 foot tall lattice, self-support tower that holds transmitting equipment for Agape Church's television broadcasts. T -Mobile, a wireless communication provider, proposes to construct a'150 foot tall monopole tower on the site within a few feet of the lattice tower. Agape Church will relocate their equipment onto the new tower and the lattice tower will be razed and removed. The new tower will be constructed to support 3 wireless communication carriers in addition to the television antennae. Although the proposed tower is -within the allowable height, there are two issues that prompt the requirement of a tower use permit. The proposed tower is located 42 feet from the property line separating the church site from the apartment complex to the southwest. Section 36-593(b)(3) requires the tower to be set back a distance at least the height of the tower from abutting residential properties. T -Mobile is also requesting a deferral of the WCF landscape requirements on all 4 perimeters of the lease area and of the wood fence screening requirement on 3 of the 4 perimeters. T -Mobile will install the required 8 foot tall wood fence in the southwest perimeter of the WCF lease area, in line with the fence on the adjacent WCF lease compound that was previously approved by the Board of Directors. Staff is supportive of the requested Tower Use Permit and of the landscape and screening deferrals. Three of the four perimeters of the lease area face directly into the parking lot of Agape Church and are not visible from any abutting properties. A wooded hillside separates the tower site from the adjacent apartment complex. The nearest apartment building is over 200 feet from the tower site. The tower site is at a much higher elevation than the apartment property. The change in elevation, the wooded hillside and the wood screening 3 January 9, 2003 ITEM NO.: 4 (Cont. FILE NO.: Z-3789-1 fence will provide adequate screening of the base of the tower site when viewed from the apartment property. Due to the nature and location of this site, it is not reasonable to require the full landscaping and screening on all 4 perimeters of the tower site. On December 20, 2002, the applicant submitted the information requested at the Subdivision Committee meeting, including a letter agreeing to allow at least two additional wireless carriers to locate on the tower. Staff supports a deferral of the landscaping and screening until such time as a "major change in circumstance" as defined in Section 36-593(c)(6) of the Code. Section 36-593(c)(6) states a "major change in circumstance" means that: (1) the area within 200 feet of the boundaries of the WCF tower site has developed to the point that there is a virtually unobstructed view of the tower site from any adjoining occupiable residential structure or from public property or right-of-way, and (2) the City has received a complaint from the owner of an occupiable structure located within 200 feet of the tower site that the site has insufficient landscaping or screening in place; and (3) the City has requested that the parties resolve the issue by agreeing to certain screening or landscaping requirements consistent with LRC §36-593 which can be granted administratively by the Director of Planning and Development, but no agreement has been reached, or sufficient additional space around the site has been acquired to meet the landscaping, setback and screening requirements of LRC §36-593. STAFF RECOMMENDATION: Staff recommends approval of the tower use permit. Staff recommends approval of a setback variance to allow the tower to be located 42 feet from the abutting residentially zoned property. Staff recommends approval of a deferral of the landscape requirements on all 4 perimeters of the WCF lease site and of the screening requirements on the north, east and West perimeters of the WCF lease site until such time as a "major change in circumstance" as defined in Section 36-593(c)(6) of the Code. al January 9, 2003 ITEM NO.: 4 (Cont. FILE NO.: Z-3789-1 PLANNING COMMISSION ACTION: (JANUARY 9, 2003) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was approved. 5