8 March 12, 2014 Public Hearing

Transcription

1 8 March 12, 2014 Public Hearing APPLICANT: NEW CINGULAR WIRELESS PCS, L.L.C. PROPERTY OWNER: CYPRESS POINT ENTERPRISES, INC. STAFF PLANNER: Ray Odom REQUEST: A. Conditional Change of Zoning (from PD-H2 Planned Development [P-1 Preservation] to Conditional P- 1 Preservation) B. Conditional Use Permit (Communications Tower) ADDRESS / DESCRIPTION: 5340 Club Head Road GPIN: ELECTION DISTRICT: BAYSIDE SITE SIZE: 22,000 square feet AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL Background: The applicant is a wireless communications provider, and has determined that there is a service gap in their coverage within the area between Northampton Boulevard to the north, Wesleyan Drive and Haygood Road to the south, Independence Boulevard to the east and Diamond Springs Road to the west, which includes the Cypress Point Golf Course and the surrounding residential and commercial areas. The applicant s engineers have determined that a communications tower of a specified height located within the Cypress Point Golf Course will provide the necessary coverage for the subject area. Details Change of Zoning The applicant is requesting a change in zoning from PD-H2 Planned Unit Development [P-1 Preservation District] to Conditional P-1 Preservation District on a 60-foot by 60-foot, 3,600 square foot, portion of the Cypress Point Golf Course in order to construct a cellular communication tower. The current PD-H2 Planned Unit Development District does not permit communication towers; however, the P-1 Preservation District allows communication towers as a conditional use. The applicant, therefore, is requesting this Change of Zoning to allow for the construction of the proposed tower. Page 1

2 Details Conditional Use Permit (Communications Tower) The applicant is requesting a Conditional Use Permit to construct a 140-foot communications tower within the Cypress Point Golf Course. The applicant s representative presented the proposal to a meeting of the Cypress Point Civic Association in October, At that meeting, the residents suggested that the tower be placed at the current proposed location (end of the driving range) and be a monopine design. In January, 2014, the applicant s representative met with the Cypress Point Civic Association Board of Directors regarding the tower location and design, and in February, 2014, again met with the Cypress Point Civic Association regarding the tower design and location. As a result of that input, the tower will be a monopine design. A monopine tower is designed to look like a pine tree. The monopole will be coated with a brown artificial bark material. The tower has been designed to accommodate four carriers. The compound area will contain the proposed tower, an equipment shelter, and an external generator. Additional lease areas for future carriers are also provided within the area. The compound area will be enclosed by an eight-foot high solid wood board-on-board fence. Landscaping, as required by the Zoning Ordinance, will be installed. The area will be accessed via a 20-foot wide access and utility easement, which will be placed over an existing asphalt cart path. The path will be widened to 10 feet. A Structural Report has been submitted, indicating that the tower will be designed to accommodate four carriers and will meet all structural requirements, as per the Uniform Statewide Building Code, and all wind loading requirements for this area. The formal Structural Report and the required Radio Frequency Emissions Analysis Report will be provided with the plan submittal. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Golf course SURROUNDING LAND USE AND ZONING: North: Golf course / PD-H2 Planned Development District [P-1 Preservation District] South: Golf course / PD-H2 Planned Development District [P-1 Preservation District] East: Golf course / PD-H2 Planned Development District [P-1 Preservation District] West: Golf course / PD-H2 Planned Development District [P-1 Preservation District] COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either Page 2

3 maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. In addition, the Comprehensive Plan seeks to ensure that the City s information and communication infrastructure is tightly connected with the world and is of the highest efficiency and quality. The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for Suburban Areas in the Comprehensive Plan s Reference Handbook and address both site and building design. These design principles are tailored for this area and should be implemented, as appropriate, to improve the quality of our physical environment. The guidelines applicable to this request are as follows: Plans for commercial uses that adjoin areas planned for residential use should employ effective landscape design techniques, including the placement of appropriate plant materials to buffer or screen such uses. Scale is vital to achieving compatibility. The mass, or overall size, and height of the structure should be appropriate to the surroundings. The conditional rezoning and use permit for a monopine pine tree designed communications tower, together with related improvements on the Cypress Point Golf Course is generally consistent with the Comprehensive Plan s land use policies for the Suburban Area and the Special Area Development Guidelines for the Suburban area. The tower offers enhanced communication services and is designed to be compatible with its surroundings. EVALUATION AND RECOMMENDATION The applicant is requesting a Change of Zoning and a Conditional Use Permit to construct a cellular communications tower, due to a gap in service coverage within this area. The applicant has worked with the surrounding community to find a location and tower design that will be compatible with the residential uses within the area. In this case, the tower has been located in the center of a golf course and is approximately 470 feet from the nearest residential structure. The tower is proposed to be of a monopine design, resembling a pine tree. The monopine is being located within a stand of existing pine and deciduous trees to blend into the area. The tower can accommodate up to four carriers, which will provide the opportunity for additional carriers to enhance their coverage within the area without constructing additional towers. This request is in keeping with the Comprehensive Plan s goals for providing efficient and high quality communication infrastructure and with regard to being designed to be compatible with the surrounding residential uses. Staff recommends approval of this request with the submitted proffers, provided below, and with the conditions below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to offset identified problems to the extent that the proposed rezoning is Page 3

4 acceptable, ( 107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Lease Parcel and Easement Area shall be developed substantially as shown on the exhibit entitled NF315E 5340 Club Head Road, Virginia Beach, VA 23455, Installation and Operation of Antennas and Associated Equipment On a New 140 Monopine Inside A New Fenced Compound, prepared by Warren Williams & Associates, which has been exhibited to the Virginia Beach City Council ( City Council ) and is on file with the Virginia Beach Department of Planning ( Planning Department ). PROFFER 2: Other than as described herein or as authorized by the PD-H2 Land Use Plan, as may be modified or amended from time to time, no other P-1 uses shall be permitted on the Lease Parcel or the Easement Area. PROFFER 3: The Effective Date of this Declaration shall be the date this Declaration is approved by City Council. STAFF COMMENTS: Staff finds the proffers listed above acceptable, as they ensure the level of quality of the project, ensure the compatibility with the surrounding residential development and that the facility will be constructed as indicated on the proffered plans. The City Attorney s Office has reviewed the proffer agreement and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site plan entitled NF315E 5340 Club Head Road, Virginia Beach, VA 23455, Installation and Operation of Antennas and Associated Equipment On a New 140 Monopine Inside A New Fenced Compound, prepared by Warren Williams & Associates, dated July 12, 2013 and last revised on January 8, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The compound fencing shall adhere to the City s Landscaping, Screening and Buffering Specifications and Standards. NOTE: 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 or Change of Zoning 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 4

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6 AERIAL OF SITE LOCATION SITE PLAN SHOWING PROPOSED ACCESS Page 6

7 SITE PLAN SHOWING PROPOSED TOWER COMPOUND Page 7

8 PROPOSED LANDSCAPE PLAN Page 8

9 ELEVATION OF PROPOSED TOWER Page 9

10 ENHANCED PHOTOGRAPHIC RENDERING Page 10

11 1 ZONING HISTORY # DATE REQUEST ACTION 1 02/04/1985 Change of Zoning (R-5 to R-8) Approved 1 02/04/1985 Change of Zoning (R-5 to R-8) Approved 1 02/04/1985 Change of Zoning (R-8 and P-1 to PD-H2) Approved Page 11

12 DISCLOSURE STATEMENT Page 12

13 DISCLOSURE STATEMENT Page 13

14 DISCLOSURE STATEMENT Page 14