Loading...
HomeMy WebLinkAboutZ-4457-B Staff AnalysisFebruary 15, 2007 ITEM NO.: C FILE NO.: Z -4457-B NAME: Verizon Wireless — Tower Use Permit LOCATION: 14000 Otter Creek Parkway OWNER/APPLICANT: Otter Creek Homeowner's Association/ Bracewell -Giuliani PROPOSAL: A tower use permit is requested to allow for construction of a wireless communication facility with a 150 foot tall support structure on this R-2 zoned, 40' X 40' tract. SITE LOCATION: The proposed tower site is located at the rear of the Otter Creek Homeowners' Association property, between the tennis courts and Calleghan Branch. 2, COMPATIBILITY WITH NEIGHBORHOOD: The tower site is relatively hidden at the rear of the association property. The property drops off from the tennis courts down to the level where the tower is to be located. The tower is to be located adjacent to a maintenance building. There are many mature trees around the tower site, which will help to reduce the visual impact of the tower. It is 150± feet from the base of the tower site to the rear property line of the residences to the east and 300+ feet to the new subdivision developing across Calleghan Branch to the north. Staff believes the tower site could be made more compatible with the neighborhood by utilizing stealth design and by planting fast-growing evergreen trees and shrubs around portions of the site. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Otter Creek, Crystal Valley and SWLR United for Progress Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: Access to the site is from an existing, gravel service drive off of Otter Creek Parkway. The driveway parallels the creek and extends to the maintenance building. There is adequate parking on the site to accommodate the occasional maintenance person who will visit the site. February 15, 2007 ITEM NO.: C Cont. FILE NO.: Z -4457-B 4. SCREENING AND BUFFERS: A variance is requested from the WCF landscape requirements, which are as follows: (1) All existing and new WCF shall be screened and landscaped as follows: a. All WCF subject to this section shall contain a permanent six- foot landscape strip parallel with all sides of the primary use area and outside of the opaque fence but within the lease area, except for a space for ingress and egress to the primary use area. b. An eight -foot opaque fence shall be constructed, finished side facing outward, around the primary use area to provide screening and a background for required landscaping within the six-foot landscape strip. c. The opaque fence shall also satisfy the security fence requirement of subsection (f). d. The landscape strip on each side of the primary use area shall be planted with two (2) trees of a two-inch caliper which will grow to a spacing fifteen (15) feet which will grow to a minimum twenty (20) feet in height at maturity. Each landscape strip shall also be planted with evergreen shrubs of thirty (30) inches height at planting, with a maximum spacing of forty-eight (48) inches on center and which will grow to a minimum height of sixty (60) inches at maturity. (2) Existing mature trees shall be retained within the six-foot landscape strip and all leased or owned areas outside the primary use area except for reasonable ingress and egress. (3) Existing vegetation within a WCF site may be used in lieu of required landscaping when approved by the Planning Commission for TUP applications or by staff in other WCF applications. (4) The permanent six-foot landscape strip required by this section shall be maintained in such a manner as to assure that vegetation grows to mature height. Any planting within the strip shall be replaced if dead or diseased. Replacement vegetation shall be the minimum number, type and size required in this section. K February 15, 2007 ITEM NO.: C (Cont. 5. PUBLIC WORKS COMMENTS: FILE NO.: Z -4457-B 1. The proposed location appears to be in the 100 -year floodplain. Provide survey showing the site in relation to the floodplain and floodway delineations. 2. If site is in the floodplain, a grading permit in accordance with section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 3. If site is in the floodplain, a special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. 4. If the site is in the floodplain, the finished floor of the building and mechanical equipment must be constructed 1 foot above the base flood elevation. The minimum finish floor elevation is required to be shown on plat and grading plans. UTILITY. FIRE DEPT. AND CATA COMMENTS Wastewater: Sewer main in close proximity to site. Contact Little Rock Waste Water Utility prior to construction. Entergy: No Comments received. CenterPoint Energy: No Comments received. AT&T (SBC): No Comments received. Water: No objection. Fire Department: No Comments received. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 19, 2006) The applicant was present. Staff presented the item and noted there was little additional information needed. Staff asked the applicant to clarify what type of fencing was proposed on the perimeters of the site. Staff also noted the tower 3 February 15, 2007 ITEM NO.: C (Cont. FILE NO.: 2-4457-B would have to be designed to accommodate 2 more carriers. Staff noted the requested variances for tower setbacks and perimeter screening and landscaping. Public Works staff requested a survey showing the site in relation to the floodplain and floodway. Utility and other agency comments were noted. The applicant was advised to respond to staff issues by October 25, 2006. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Verizon Wireless is requesting approval of a Tower Use Permit to allow for construction of a Wireless Communication Facility (WCF) consisting of a 150 foot tall support structure (tower) and associated ground equipment within a 40 foot by 40 foot parcel located at 14000 Otter Creek Parkway. The WCF is located near the rear of the Homeowner's Association property, between the tennis courts and Callaghan Branch. The WCF is to be located adjacent to a maintenance building. Several mature trees surround the site. From staff's inspection of the site, it appears only one or two smaller trees may need to be removed to accommodate the WCF. A tower use permit is necessary because there are variances associated with the proposed WCF. The 40 foot by 40 foot lease area was actually deeded to the Homeowners' Association by Otter Creek Land Company under a separate deed. The leased tract is zoned R-2 as is the surrounding property. Technically, the 150 foot tall tower should sit at least 150 feet away from the property line of the abutting residentially zoned property. This is impossible since the tract measures only 40'X 40'. The tower is actually located 150± feet away from the residentially occupied property adjacent to the west and 300+ feet from the residential subdivision being developed to the north. Because of the site's location on a wooded area and due to security concerns, the applicant is proposing to enclose the compound with a chain-link security fence rather than a solid screening fence and to not install the ordinance dictated landscaping. The applicant is willing to install screening shrubs on the west and south perimeters of the site to help screen the compound. The typical landscape and screening requirements for a WCF are as follow: (1) All existing and new WCF shall be screened and landscaped as follows: a. All WCF subject to this section shall contain a permanent six-foot landscape strip parallel with all sides of the primary use area and outside of the opaque fence but within the lease area, except for a space for ingress and egress to the primary use area. C! February 15, 2007 ITEM NO.: C (Cont. FILE NO.: Z -4457-B b. An eight -foot opaque fence shall be constructed, finished side facing outward, around the primary use area to provide screening and a background for required landscaping within the six-foot landscape strip. c. The opaque fence shall also satisfy the security fence requirement of subsection (f). d. The landscape strip on each side of the primary use area shall be planted with two (2) trees of a two-inch caliper which will grow to a spacing of fifteen (15) feet which will grow to a minimum twenty (20) feet in height at maturity. Each landscape strip shall also be planted with evergreen shrubs of thirty (30) inches height at planting, with a maximum spacing of forty-eight (48) inches on center and which will grow to a minimum height of sixty (60) inches at maturity. (2) Existing mature trees shall be retained within the six-foot landscape strip and all leased or owned areas outside the primary use area except for reasonable ingress and egress. (3) Existing vegetation within a WCF site may be used in lieu of required landscaping when approved by the Planning Commission for TUP applications or by staff in other WCF applications. (4) The permanent six-foot landscape strip required by this section shall be maintained in such a manner as to assure that vegetation grows to mature height. Any planting within the strip shall be replaced if dead or diseased. Replacement vegetation shall be the minimum number, type and size required in this section. Staff is supportive of the requested TUP. Staff believes there are additional conditions and modifications that should be applied to help lessen the visual impact of the WCF. The tower should be designed in "flagpole" style where the antennae array does not extend cut beyond the body of the tower. Fast growing evergreen trees and shrubs should be planted along the west, south and north perimeters of the WCF site to help provide some degree of year-round screening. It is important to protect and preserve as many of the mature trees around the site as possible. Prior to removal of any trees, those to be removed should be marked and confirmed by staff. The applicant should plant additional trees in the immediate vicinity, beyond those required for screening, to replace any trees to be removed. With these additional conditions, staff can support the TUP. To staff's knowledge, there are no outstanding issues. There is no bill of assurance issue specifically pertinent to the WCF. The applicant submitted an updated survey showing the WCF to be located out of the floodplain. 5 February 15, 2007 ITEM NO., C (Cont.) FILE NO.: Z -4457-B The tower is 150 feet tall, which complies with the Ordinance height limit. The lightning rod extends another 10 feet, which is permitted under the definition of WCF height. Section 36-593(c)(6) of the Code establishes the criteria for the Planning Commission to grant a deferral of the landscaping and screening requirements for a WCF and states the Commission may modify the deferral or impose the requirements if, in the future, a major change in circumstances occurs. A "major change in circumstances" means: 1. The area within two hundred (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 two hundred (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 section 36-593 which be 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 Section 36-593. AFF RECOMMENDATION; Staff recommends approval of the requested TUP subject to compliance with the following conditions: 1. Compliance with the comments and conditions in Sections 5 and 6 of the agenda staff report. 2. Fast growing, evergreen trees and shrubs must be planted along the north, south and west perimeters of the WCF site. 3. Prior to the removal of any trees, those to be removed must be marked and confirmed by staff. Additional trees should be planted in the immediate vicinity around the WCF site, beyond those required for screening, to replace any trees that may be removed. 4. The support structure (tower) must be constructed in flagpole (stealth) style. 5. The support structure (tower) and lease area must be designed to accommodate at least two additional carriers. 9 February 15, 2007 ITEM NO.: C Cont. FILE NO.: Z-4457-13 Staff recommends approval of the requested setback variance and a deferral of the screening and landscaping provisions until a "major change in circumstance" as defined by Section 36-593(c)(6). PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006) The applicant was not present. There were no objectors present. Several letters and e-mails of opposition had been received by staff. Staff informed the Commission that, on November 7, 2006, the applicant had requested deferral of the item to the February 1, 2007 meeting to allow for further meetings with the neighborhood. A motion was made to waive the bylaws to accept the late deferral request. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. The item was then placed on the Consent Agenda and approved for deferral to the February 1, 2007 Agenda with a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: On January 9, 2007, the applicant requested that this item be withdrawn. Staff recommends approval of the withdrawal request. PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested withdrawal of the item. There was no further discussion. The item was placed on the consent agenda and approved for withdrawal by a vote of 8 ayes, 0 noes and 3 absent. 7