PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item:

 

PC Staff Report

12/12/05

ITEM NO. 7:           USE PERMITTED UPON REVIEW FOR PLACEMENT OF ANTENNAS ON PRESBYTERIAN MANOR; 1429 KASOLD (SLD)

 

UPR-10-08-05:  Use Permitted upon Review request for placement of six antennas on the rooftop of Presbyterian Manor, located at 1429 Kasold Drive.  Submitted by LCC International, Inc., for Sprint, applicant, and Presbyterian Manor, property owner of record.

 

STAFF RECOMMENDATION:     Planning Staff recommends approval of UPR-10-08-05 a Use Permitted Upon Review for the addition of communication antenna on an existing building and forwarding of it to the City Commission with a recommendation for approval, based upon the findings of fact presented in the body of the staff report and subject to the following condition:

 

1.      Execution of a site plan performance agreement.

 

Applicant’s Reason for Request:

Enhancement of existing service to Sprint.

 

KEY POINTS

·         Proposed request is for co-location of antenna and equipment on a building.

·         A tower is not proposed for site.

GOLDEN FACTORS TO CONSIDER

ZONING AND USES OF PROPERTY NEARBY

·         Mixed commercial and residential uses and large private open space/recreation area.

CHARACTER OF THE AREA

·         Kasold frontage includes multi-family and commercial uses. Predominant neighborhood land use is residential.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         Property is developed with multi-story residential building.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         None Received

 

GENERAL INFORMATION

 

Current Zoning and Land Use:

RO-2 (Residence-Office) District; existing residential development (Presbyterian Manor).

Surrounding Zoning and Land Use:

RS-1 (Single-Family Residence) District to the south and west; KPL transformer and Hidden Valley Girl Scout property.

 

C-2 (Neighborhood Shopping) District to the east; existing commercial development.

RM-1 (Multiple-Family Residence) District to the north; existing residential uses.

 

Reason for Request:

Improved coverage for customers

Site Summary

Parent Parcel

2.8 acres

Building Height

61’ for main portion of building

Antenna Type

Building mounted antenna with roof mounted equipment cabinet.

Equipment Cabinet

15’ by 25’ located on western side of building on upper most level. Not visible from Kasold

Previous Review:

UPR-04-03-75 – for nursing home facility

Z-08-23-82 – for nursing home

Z-06-18-98 – for additional independent living units

 

History:

Presbyterian Manor located at 1429 Kasold was built in 1975 with an addition constructed in 1987 as a nursing home facility. The main building is a 6 story structure. There are 60 beds for nursing care and 34 units for assisted living (apartment type setting). The main building also includes 54 apartment units for independent living. 

 

I.         ZONING AND USES OF PROPERTY NEARBY

 

Staff Finding – The subject is zoned for multi-family residential use as is much of the surrounding area. Uses include University property and religious facilities along with single- and multi-family uses.

 

II.       CHARACTER OF THE AREA

 

Staff Finding –The subject property is located on the west side of Kasold Drive and on the eastern boundary of the Perry Park Neighborhood. The neighborhood is anchored with two substantial open space areas, Perry Park, a City park, and Hidden Valley, a 38-acre private open space recreation facility. The neighborhood is predominantly developed with a range of residential uses with the exception of the northern portion abutting W. 6th Street which is commercial. The immediately surrounding area includes both multi-family and commercial uses to the north and east and open space to the south and west.

 

III.      SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

 

Staff Finding - There is no proposed change to the existing zoning designation. The proposed request is for the placement of communication equipment on a building. The property is zoned residentially and requires a special permit.  Approval of a Use Permitted upon Review will not alter the base zoning.

 

IV.       LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

 

Staff Finding – The subject property is developed as a retirement facility. Both site plan and Use Permitted upon Review documents date back to 1975 for this property (UPR-04-03-75).  The staff report notes that the property was zoned RO-2 (Residence-Office) District at that time.  An earlier zoning record could not be located. The property was included in a rezoning request in 1982 (Z-08-23-82) in preparation of expansion of the nursing home use and expansion of independent living facilities. The 1982 zoning included an area for RM-1 (Multiple-Family Residence) District to the north which was later expanded in 1998 to allow for further expansion of the duplex development portion of the project (Z-06-18-98).

 

V.        EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

 

Staff Finding – No detrimental effect on nearby property is anticipated by the addition of roof mounted equipment and wall mounted antenna on the existing building. Approval of a Use Permitted upon Review does not alter the existing zoning district. 

 

VI.       RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS

 

Staff Finding – Evaluation of the relative gain weighs the benefits to the community-at-large vs. the benefit of the owners of the subject property.  Benefits are measured based on anticipated impacts of the rezoning request on the public's health, safety and welfare. The proposed use would improve service delivery to existing Sprint customers. There are no apparent detriments to the public health, safety, and welfare by the proposed request.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The Public Utility Strategies section provided in Horizon 2020 addresses utility needs in the community. These strategies are geared toward essential utilities, such as sewer and water, as well as electrical and telephone services that serve day-to-day needs. Horizon 2020 states:

 

§         Plans should emphasize utility improvements and extensions that provide the highest level of service within existing service areas, particularly public water and wastewater treatment and collection. 

§         The visual appearance of utility improvements will be addressed to ensure compatibility with existing and planned land use areas.

§         Wherever possible, the location of new major utility corridors should be preplanned to ensure land use compatibility and minimal disruption to existing development areas.

 

The Plan states that utilities need to be located and extended in a planned manner that is sensitive to public concerns. It is not feasible for all utilities to be located underground. The Plan speaks directly to electric transmission lines regarding the strong visual presence of some utilities, but the need to minimize the environmental and aesthetic impacts are relevant to this application as well.

 

The proposed request does not represent a request for a tower structure, but an expansion of a communication network via placement of multiple antennas on an existing building.  

 

Staff Finding – Horizon 2020 does not directly address the issue of special uses. The plan provides basic guidance regarding major infrastructure improvements and urges that such uses be carefully planned and provided.  The provision of such services should be focused in existing service areas to address growth. Additionally, placement and visual appearance are a key consideration in creating compatibility.

 

STAFF REVIEW

 

The subject property is comprised of a 2.4-acre area with an existing 6-story building. The proposed request is representative of a co-location request. Per 20-14B02 (a) (2) a co-location request located in a residential district is subject to approval by a Use Permitted upon Review (UPR). The site plan indicates that antenna will be roof mounted and an equipment cabinet will be added to the roof of the existing building. The proposed request does not alter the building height or setback requirements.

 

Co-location of Communication Equipment

 

Justification-Section 20-14B03 (a) states: “A proposal for a new communications tower shall not be approved unless the applicant can document that the telecommunications equipment planned for the prop0sed tower cannot be accommodated on an existing or approved tower or other structure.” As noted above, the proposed request represents a co-location request

 

Co-location related to new towers- Current zoning requirements specify that tower structures must accommodate a minimum of three providers (Section 20-14B03 (b)). The existing structure predates the current regulations and was built for residential purposes.

 

Setback and Height- Section 20-14B04 (a) and (d) require tower structures to be setback from the property line a distance equal to that of the height of the tower. Addition of building mounted equipment will not alter the existing height or setback of the structure.

 

Zoning Preference- The Zoning Regulations state the preferable zoning district for tower construction is commercial or industrial (Section 20-14B04 (e)). The proposed request makes use of existing building height. The request is not representative of a typical communications tower facility.

 

Permission – The applicant has provided staff with necessary documentation to assure that the property owner of record is party to this application.

 

Tower Design- The applicant has provided documentation related to the proposed antenna co-location and building mounted equipment as part of the site plan.

 

Lighting- The proposed antenna additions will not be lit.

 

Site Plan -The proposed site plan complies with the required submission information.