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HomeMy WebLinkAboutZ-9392 Staff AnalysisAPRIL 29, 2019 ITEM NO.: A File No.: Z-9392 Owner: The Student Loan Guarantee Foundation of Arkansas Applicant Mark Rose, KATV Address: 10 Turtle Creek Lane Description: Tract M-2A, Riverdale Addition Zoned: O-3 Variance Requested: A variance is requested from the height provisions of Section 36-201 to allow a broadcast tower with increased height. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Office Building Proposed Use of Property: Office Building with broadcast studio STAFF REPORT A. Public Works Issues: 1. Public Works staff has no comment on the variance to Section 36-201. 2. Public Works staff has not reviewed any other part of this project at this time, and additional comments may be provided prior to approval of the building permit. B. Staff Analysis: The 0-3 zoned property at 10 Turtle Creek Lane is occupied by a two-story office building located within the south half of the overall 3.98 acre property. The property is located on the north side of Turtle Creek Lane, between Brookwood Drive and Riverfront Drive. A driveway from Turtle Creek Lane and a driveway from Brookwood Drive serve as access to the property. Paved parking is located on the south and west sides of the building. The north half of the overall property is undeveloped and grass covered. Sinclair Broadcast Group/KATV is in the process of purchasing this property at 10 Turtle Creek Lane, with the intent of relocating their broadcast studio from its current location at 410 Main Street. As part of the relocation, the applicant proposes to construct a 100 foot tall broadcast tower within the undeveloped, north portion of the property, as noted on the attached site plan. The proposed tower will be a APRIL 29, 2019 ITEM NO.: A (CON'T.) Z-9392 self-supporting metal truss frame tower. The proposed tower will be located well over 100 feet back from the building and all property lines. The tower structure finish will be galvanized steel. A small antenna or dish will be attached to the tower structure near the top, but will not extend past the top of the 100 foot tall tower. Section 36-201(e)(1)a. of the City's Zoning Ordinance allows a maximum tower height of 75 feet for metal ground -mounted towers. Therefore, the applicant is requesting a variance to allow the proposed tower with increased height. Staff is supportive of the requested tower height variance. Staff views the request as reasonable. The proposed tower height of 100 feet will not be out of character with the heights of other buildings and tower structures in this general area. Signal Media Radio at 2400 Cottondale Lane has a 154 foot tall broadcast tower. There are also several multi -story buildings in this area along Riverfront Drive. The applicant notes that studies were conducted and it was determined that the absolute minimum tower height that will work for this location is 100 feet. Staff believes the proposed 100 foot tall tower at this location will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested tower height variance, as filed. Board of Adjustment (February 25, 2019) Mark Rose and Joe White were present, representing the application. There were several objectors present. Staff presented the application with a recommendation of approval. Marks Rose addressed the Board in support of the application. He explained that the proposed height of the tower was planned for long term use of the tower structure. He noted that there would be no lights on the tower. He explained that the width of the tower narrowed as the height of the tower increased. Joe White also spoke in support of the application. He explained that the elevation of the proposed tower site was 252 feet and that the elevation of the Treetops condo development was approximately 356 to 360 feet. He further explained that the Treetops condos owners would look down on and over the proposed tower and not into the tower. He noted that the proposed tower should not adversely impact the view of the river from the condos. Bob McKuin addressed the Board in opposition. He noted that he was opposed to the tower's close proximity to nearby multi -family developments. He stated that the variance should be denied. 2 APRIL 29, 2019 ITEM NO.: A CON'T. Z-9392 Bob Ratchford also spoke in opposition. He explained that the tower would impact the views from his condo. He noted that the tower would devalue his property. He asked that the application be deferred. James Corner also spoke in opposition. He also stated that views from his condo would be impacted. He noted that towers were not allowed in office zoning and quoted from the zoning ordinance. Jack Cherry also spoke in opposition. He asked for a deferral to allow more time for questions about the tower to be answered. Dana Carney, of the Planning Staff, explained that towers were accessory uses to broadcast studios and that towers were permitted in office zoning. Joe White further explained that the elevation of the top of the tower was less than the elevation of the Treetops property. Chairman Allison offered a deferral to the applicant based on the fact that only three (3) members of the Board were present. Mr. White requested to move forward. Chairman Allison noted that he had issues that needed to be addressed. Sherri Latimer, City Attorney, noted that the Board could defer an application on its own motion. A motion was made to defer the application to the March 25, 2019 agenda. The vote was 3 ayes, 0 noes, 1 absent and 1 open position. The application was deferred. Staff Update: The applicant submitted a revised site plan to staff on May 6, 2019. The revised site plan moves the tower location slightly to the west, within the west portion of the north yard area. The proposed tower will be located 170 feet from the north property line, 100 feet from the west property line, and over 200 feet from the east and south property lines. The applicant notes that the location of the proposed tower was moved to provide a better signal than would be accomplished at the original location. The applicant also notes that additional information on health/safety issues and sight distance/visibility issues will be presented at the March 25, 2019 public hearing. The information will include photos with a simulation of the tower depicted. Staff continues to be supportive of the requested tower height variance. Board of Adjustment (March 25, 2019) Staff informed the Board that on March 18, 2019 the applicant submitted a letter to staff requesting this application be deferred to the April 29, 2019 agenda. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the April 29, 2019 agenda. The vote was 4 ayes, 0 noes, 0 absent and 1 open position. 3 APRIL 29, 2019 ITEM NO.: A (CON'T. Board of Adjustment (April 29, 2019) Staff informed the Board that on April 23, 2019 the applicant submitted a letter to staff requesting this application be withdrawn. Staff supported the withdrawal request. The item was placed on the consent agenda and withdrawn. The vote was 4 ayes, 0 noes and 1 absent. El