Request Conditional Use Permit (Communication Tower) Staff Recommendation Approval. Staff Planner Emily Bazemore

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1 Applicant Property Owner Columbia Club of Virginia Beach Public Hearing July 11, 2018 City Council Election District Beach Agenda Item 5 Request Conditional Use Permit (Communication Tower) Staff Recommendation Approval Staff Planner Emily Bazemore Location 1236 Prosperity Road GPIN Site Size 4.10 Acres AICUZ Greater than 75 db DNL Watershed Southern Rivers Existing Land Use and Zoning District Undeveloped / AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Single-family dwelling / AG-2 Agricultural South Undeveloped / AG-2 Agricultural East Undeveloped / AG-1 Agricultural West Prosperity Road Duplex dwellings / R-5D Residential Page 1

2 Background and Summary of Proposal In 1978, a fraternal organization (the Benevolent and Protective Order of Elks) developed the 4.10-acre site with a building and parking lot. The applicant is requesting a Conditional Use Permit to construct a Communication Tower on the rear of the parcel, behind the existing Elks Lodge. The applicant has submitted a coverage prediction report that supports the claim that those who live and work in the surrounding area are experiencing network overload due to extensive customer use. There are no existing tall structures within the vicinity of the site that could be retrofitted with equipment to address the network issue; therefore, the proposed tower is requested. The tower is designed to accommodate additional providers for colocation of equipment. The tower is proposed as a steel, self-supported monopole with exterior-housed radio equipment at its base. The tower itself will be 156 feet high, and a three-foot tall lightning rod is planned above, for a total height of 159 feet. The tower and supporting ground level apparatus will be located in a leased area of approximately 10,000 square feet and will be enclosed with a chain-link fence with metal slats. In accordance with Section 232 (f) (3-4) of the Zoning Ordinance, three distinct rows of vegetation around the fence will be planted to provide additional screening of the ground equipment. A 15-foot wide access easement is proposed to provide vehicular access to the leased area. 1 2 Zoning History # Request 1 SVR Approved 05/11/ MOD Approved 06/20/2017 MOD Approved 02/25/2014 CUP (Campground) Approved 05/12/1969 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Page 2

3 Evaluation and Recommendation Staff finds this application for a Conditional Use Permit for the construction of this 160-foot monopole communication tower acceptable. Careful consideration has been given to locating the facility out of view from the right-of-way and away from any adjacent residential structures. As required by the Zoning Ordinance, the applicant performed a balloon test and provided photo simulations depicting the view of the proposed tower from two locations surrounding the site. The photos indicate that only a small portion of the tower is visible above the tree line. The proposed location for the tower is setback nearly 86 feet from the nearest property line and over 535 feet from the nearest residential dwelling. This exceeds the minimum required setback of 200 feet (125 percent of the tower height) from the nearest residential or apartment structure. Likewise, the applicant has conducted public outreach and met with the nearby civic leagues informing them of the application. The applicant has submitted the required Radio Frequency Emissions Report from a licensed engineer indicating that the tower will be designed to meet or exceed industry standards as defined by ANSI/EIA-222-G. A letter has also been submitted from a professional engineer stating that the tower will be designed to accommodate future antennas to be installed by other wireless carriers. As required per the Uniform Statewide Building Code, the application states that the design of the tower will withstand wind gusts of up to 122 miles per hour. If the communications tower is approved, a full structural report will be required during detailed site plan review. Based on the evaluation of the proposed Communication Tower in accordance with the standards set forth in Section 232 of the Zoning Ordinance, Staff recommends approval of the application subject to the conditions listed below. Recommended Conditions 1. The Communications Tower shall be located within the lease area and developed substantially in conformance with the submitted plan package entitled Columbian Club 1236 Prosperity Road Virginia Beach, VA 23451, prepared by Allpro Consulting Group, Inc., and dated May 1, A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed site plan review. 4. The maximum height of the tower shall be 160-feet, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration / Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 6. In the event that the antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant s expense. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Page 3

4 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan s primary guiding principle for the Suburban Area is to create Great Neighborhoods, and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p. 1.61) Natural and Cultural Resources Impacts The site is within the Southern Rivers Watershed. There are no known significant natural or cultural features associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 6,200 ADT Prosperity Road No Counts Available 1 (LOS 4 D ) Existing Land Use 2-96 ADT 9,900 ADT 1 (LOS 4 E ) Proposed Land Use ADT 1 Average Daily Trips 2 as defined by a similar use such as an office building Public Utility Impacts 3 as defined by an office use and the addition of a communication tower 4 LOS = Level of Service Water The site is currently connected to City water. Sewer City sanitary sewer is not available. Page 4

5 Proposed Site Layout Lease Area of Communications Tower Access Easement Page 5

6 Proposed Lease Area Page 6

7 Proposed Tower Elevation Page 7

8 Proposed Landscape Plan Page 8

9 Balloon Test Photos Driveway across Prosperity Road From KOA Paintball Parking Lot Page 9

10 Site Photos Page 10

11 Disclosure Statement Page 11

12 Disclosure Statement Page 12

13 Disclosure Statement Page 13

14 Disclosure Statement Page 14

15 Disclosure Statement Page 15

16 Disclosure Statement Page 16