City of Henderson Development Services Department  Post Officel Box 1434/1341 Rose. Avenue/Henderson, NC27536-1434Phone: (252)4 430-5723/FAX: (252)492-7935  henderson.nc.goy  HENDERSON ZONING BOARD OF ADJUSTMENT AGENDA Tuesday, November 5, 2024-3:30P.M.  Council Chambers  (1) CALLTOORDER (2) CONFLICT OF INTEREST  No member shall participate or vote regarding any zoning or quasi-judicial matter that would violate any affected person's constitutional rights to an impartial decision maker. Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person orai financial interest int the outcome oft the matter. Ifany member oft this body knows of any such impermissible conflict, they should declare the same before discussions proceed on the respective matter. Moreover, any ex parte communications occurring outside of the public hearing herein conducted by any  member should be disclosed ati this time.  (3) NEW BUSINESS:  Evidentiary Hearing: (Case: 2411-01Z) Request a Special Use Permit to build a communication tower and allow collocation to be located on Brodie Road, PIN #0218 02004 in a R15 (Moderate to Low Density Residential District.  (4) ADJOURNMENT  NEXT SCHEDULED MEETING: December3,2024    CITY OF HENDERSON DEVELOPMENT SERVICES SPECIAL USE PERMIT APPLICATION  134 ROSE AVENUE HENDERSON NC: 27536 252-430-5722 phone 252-492-7935fax henderson.nc.gov  $450FEE  Application Instructions: Complete all applicable sections in this form. No application will be processed by the Planning Department until a complete application and all required documents are received and paid. Staff may request additional information or plan depending on use requirements. A scaled site, floor, elevation, demolition plans must be submitted with application.  Site Plan  EF Floor Plan  DElevation Plan  ODemolition Plan (ifa applicable)  Utility Plan (if Applicable) May be submitted after review but will be condition of Board of Adjustment Approval. The Zoning Board of Adjustment will hear this case based ont thei following factors:  Section 803 -S Special Use Permit:  1. The use will comply with the requirements of Article 600A and 600B of this Zoning Ordinance. 2. The use will not materially and adversely affect public health, safety or welfare; 3. The use will not substantially injure the value of adjoining or abutting properties; 4. The use will bei in harmony with the area in which iti is located; or be a matter of public need; 5. The use will not substantially contribute to an overburdening of municipal services; and 6. The use will bei in conformity with the Henderson Land Use Plan and other duly adopted plans  and policies oft the City.  Owner's Name (As Listed on Tax Records) *: Duke Energy Progressl LLC (CIOF Patrick Bernier, PE) Street Address: 9700 David Taylor Blvd., City, State Zip CHARLOTTE, NC 28262 Contact phone #: 704-382-3230 Email Address: PamdbmarauMrregron  Applicant's Name: (C/OK Burns Kevink & McDonnell Koeneman) North Carolina, Inc. Street Address: 9400 Ward Parkway City, State Zip Kansas City, MO 64114 Contact phone #: 816-839-7331 Email Address:  Contractor's Name: (Ifa applicable) Street Address: City, State Zip Contact phone #: Email Address:  kkoeneman@burnsmcd.com  PLEASE ANSWER THE FOLLOWING GENERAL QUESTIONS:  1. What is the project name? Henderson Communcation Tower  2. Where is the property location? Brodie Road, Henderson, NC 27536 (PIN 0218 02004) 3. Attach at typewritten description of the proposal project. Include how the business will operate,  hours, and staffing. Special Use Permit Application  Page 1 of2  Revised 5/31/2023    4. What is the legal relationship of the applicant to property owner? Construction and engineering contractor.  5. Will the business bei in an existing building? Circle YES or NO  What is the existing square footage?  0  What is the proposed square  footage?  223  What is thei total square footage?  223  7. Are there any new additions, upgrades, or rehabs for the existing building? Circle YES or NO  8. How many parking spaces exist on the property?. N/A 9. How many parking spaces are proposed on the property? 0  Icertify that all thes statements made int this application and any attached documents aret true, complete, and correct to the best of my knowledge and belief and are madei in good faith. lunderstand that false information may be grounds for rejection of this application. Authorized City of Henderson representatives: are grantedr rightofentrytomake: evaluations ori impectionsandtorelease information  upon publicrequest. Racz Applicant. Signature  8/29/24  Date  Property Owner Signature or Authorized. Agent FORI DEVELOPMENT SERVICESS STAFF ONLY:  Date  Received By:. Date Paid: Check #: Special Use Permit Case # Board of Adjustment Action:.  Fee: How Paid: Receipt#:  Proposed Use: PIN #: City or ETJ: Front Setback: Rear Setback: Board of Adjustment Date:  Zoning: Side Setback: Lot Width:  Special Use Permit Application  Page 20 of2  Revised 5/31/2023    BURNS MSDONNELL  September 25, 2024 Board of Adjustment City of Henderson 134 Rose. Ave. Henderson, NC 27536  Re: Henderson Communication Tower - Project Description Dear City of Henderson Board of Adjustment:  Duke Energy plans to construct a communication tower at Brodie Road, Parcel ID Number (PIN) 0218 02004. Duke Energy has identified sites which are critical to the connectivity of their The tower will be a 3001 foot (10' lightning rod), self-support lattice tower designed according to American National Standard Institute standards. The proposed tower will be unmanned and can be upgraded to allow fori future colocation if necessary. In addition to the tower, there will be a 13-1'x17-1" equipment shelter, 50kW generator, 500-gallon liquified petroleum tank, and an 8' The proposed Henderson Communication Tower is essential for maintaining the connectivity of Duke Energy's system due to its strategic height and location. This new tower will play a crucial role in Duke Energy's daily operations. It forms al key part of the physical infrastructure needed tos support emergency signals from generation plants, transmission and substation line communications, and distribution for both routine and storm-related Operational Technologies. Additionally, building a communication tower at this location will reduce cutover time and minimize downtime for critical utility communications. At the proposed height and location, the existing point-to-point (PTP) microwave path will continue to minimize variability in the clutter data and maintain line-of-sight to the far end. The proposed tower will provide more bandwidth tos support newer technology and a more reliable grid as Duke Energy's service area grows. This communication tower supports Duke Energy's commitment to providing their customers with safe, reliable, affordable, and increasingly clean energy in Henderson, NC, and throughout  system and has determined this site as an ideal location.  chain link fence with an access gate.  Duke Energy's service area.  5511 Capital Center Drive, Suite 450) Raleigh, NC2 27606 0(919)8 859-5951 burnsmcd.com    L 3 B R L à L 9 X L -  1,  L a e        dis        -  ABB GA 4PR  -        BURNS MSDONNELL  September 26, 2024 Board of Adjustments 134 Rose Ave. Henderson, NC 27536  Re: Henderson Communication Tower Existing and Allowable Collocation - Henderson Zoning  Ordinance Sec. 663B.6(a) Letter Dear Board of Adjustments:  Burns & McDonnell Consultants Inc. has not designed the proposed Henderson Communication Tower located on Brodie Road, PIN 0218 02004, to have a specified number of spots on the structure for collocation. However, the tower has been designed to be upgraded to accommodate future antennas for carriers and dispatch antennas for emergency services as agreements are made. While there are no current collocation agreements for this site, Duke Energy is willing to work with any Co-locators who would like tol lease space on the tower or There are eight towers within 20,000 feet of the proposed tower, all of the towers are below 100 feet and would not be suitable for the proposed Henderson Communication Tower. Additionally, due to the purpose of the proposed tower and Duke Energy's design and safety standards, collocation on water towers, power poles, existing towers, etc., is not possible. Duke Energy requires unrestricted access and independent facilities in its safety, reliability, and emergency power standards. Collocation on an adjacent sitei is in opposition to al Duke-only emergency communications tower site. With this tower, Duke Energy proposes to expand its internal emergency network, as opposed to a customer network, and therefore collocation on nearby Ifyou have any questions or require additional information, please contact Caleb Jergensen by  within the compound.  towers is not possible.  telephone at (816)782-6072 or by email at pensendhumsmeicomn  Caleb Jergensen Engineer of Record NC Professional Engineer #052862 Burns & McDonnell R  Logan Nesseth Engineer of Record. NC Profession Engineer #045882 Burns & McDonnell fgan Alusih  511 Capital Center Dr. Raleigh, NC27606 0919-859-5951 burnsmcd.com    Board of Adjustment Action Form Development Services Department P.O. Box: 1434 Henderson, NC 27536 252.430.5723  HEN  Agenda Item: New Business  Board of Adj. Meeting: November 5, 2024  3:30PM  CAR  TO: Members oft the Zoning Board of Adjustment FR: Planning Department Staff RE: Telecommunication Tower  New Business  Evidentiary Hearing: (Case: 2411-01Z) Request a Special Use Permit to build a communication tower and allow collocation to be located on Brodie Road, PIN #C 0218 02004 in a R15 (Moderate to Low Density Residential District.  Executive Summary  Duke Energy is requesting to build a 300' communication tower on Brodie Road / Southern Ave, PIN # 0218 02004. The purpose of the tower to improve communication to the existing utility station. The utility station is located in a R-15 residential district. Utility Stations are permitted use in the Unified Development Ordinance (UDO). Towers are not permitted in residential districts with the exception of noncommercial amateur/ham radio towers and emergency communication towers owned by the City or other public agency that are used wholly ori in part for public safety or communication purposes. The request for a special use permit to allow the  tower to built as accessory to the utility station.  Ordinance Requirements: See Attachment TRC Comments: No additional comments Staff Comments:  Citizen's Concerns: None currently. Completeness of Application:  X  The application is complete.  The application is incomplete in the following:  Reasons Why:    BOA 2411-01Z Brodie Road Board of Adjustment's Action:  The application complies with all applicable requirements oft the zoning ordinance: The application is not in compliance with the followingre requirements ofthezoning  ordinance:  DECISION OF THE BOARD  Members of the Board of Adjustment please note when making a motion to approve or deny;  items "a" through "P" must be read along with any condition if applicable. Compliance with Ordinance Requirements- - Section 803-Special Use Permit:  The Board of Adjustment shall hear and decide any application for a special use permit, and shall issue: said permit where the applicant has demonstrated by the preponderance of evidence that the standards oft this Ordinance, including thet following shall be met: (a) That the use will comply with the requirements of Article 600A and 600B of this  Ordinance.  (b) That the use will not materially and adversely affect the public health, safety or welfare;  (c) That the use will not substantially injure the value of adjoining or abutting properties;  (d) That the use will be in harmony with the area in which it is located; or be a matter of  public need;  (e) That the use will not substantially contribute to an overburdening of municipal services;  (f) That the use will be in conformity with the Henderson Land Use Plan and other duly  adopted plans and policies of the City;  Page 2of3    BOA 2411-01Z Brodie Road Special conditions:  Enclosures: 1. BOA Action Form 2. Application Packet 3. Duke Energy Site Plan  Page 3of3    CITY OF HENDERSON  UNIFIED DEVELOPMENT ORDINANCE  SECTION 312. VTUTESTRANSPORTATON, AND COMMUNICATION  (A) Commercial Parking Facility.  (1) Surface Parking Lots. Street frontage shall be limited to a maximum of 751 feet in width.  (2) Parking Structures or Decks. (a) Design. (i)  Ventilation from parking decks shall be directed away from residential  uses.  (ii) The ground floor, when abutting a public right-of-way, including a sidewalk or other pedestrian way, shall bet fenestrated for at least 51 percent of the ground floor of the facade. For this purpose, ground floor shall be considered the area as measured from average adjacent grade  oft the right-of-way to a height of 131 feet.  (ii) For the height of the structure, facades shall include fenestration that screens vehicles from view. Such fenestration may include louvers, openings screened with vegetation, or decorative screening.  (b) Parking structures adjacent to any type of residential use shall:  (i)  Be enclosed to prevent light spillover from headlights, noise, and  pollutants; and  (i) Incorporate architectural design elements, including surface treatments, offset planes, structural articulation, and landscaping to provide visual interest and compatibility with adjacent residential uses.  (B) Solar Energy Systems.  (1) Panels are exempt from zoning regulations; however, need to demonstrate compliance  with North Carolina State Building Code.  (C) Telecommunication Facilities.  (1) Applicability. These regulations apply to alli freestanding telecommunications facilities except for noncommercial amateur/ham radio towers and emergency communication towers owned by the City or other public agency that are used wholly or in part for  public safety or communication purposes.  (2) Co-Location Required. Iti ist thei intent of the City to require providers to Co-locate facilities in an effort to reduce the number of telecommunication towers in the City's    CITY OF HENDERSON  UNIFIED DEVELOPMENT ORDINANCE  jurisdiction tot the maximum extent practicable. Therefore, an application for ai new freestanding telecommunications facility is subject to the following requirements: (a) No newi freestanding telecommunications facility may bel located within 1,500 linear feet (as measured using the shortest straight-line distance) ofa an existing water tower, power transmission tower, or similar feature unless the applicant can demonstrate that Co-location was pursued but rejected by the owner of the existing water tower, power transmission tower, or similar feature. (b) No freestanding telecommunications facility may be located within 3,000 linear feet of an existing freestanding telecommunications facility unless the applicant  can demonstrate that Co-location is not a viable option.  (c) No new freestanding telecommunication tower shall be permitted unless the applicant has evaluated the feasibility of locating the telecommunications facility on a government-owned structure such as a water tower or existing public safety telecommunications facility and provides evidence demonstrating that such as structure cannot reasonably be used for wireless facility placement. (d) Telecommunication service providers shall notify othert telecommunication service providers of thei fact that space on a new freestanding telecommunications facility is available on al lease basis and shall negotiate in good faith with other providers to provide space on existing freestanding telecommunications facilities at a reasonable lease cost.  (e) All new telecommunication towers shall include a minimum ofi four Co-location  spaces.  (3) Design.  (a) A1 freestanding telecommunications facility shall be ofar monopole design or (b) AI newi freestanding telecommunications facility shall be a stealth facility, unless the applicant demonstrates that use of a stealth facility is not viable. A stealth facility is at freestanding telecommunication facility designed to appear as another structure, such as a tree, and that minimizes the appearance of all exterior equipment to the maximum extent practicable. Where the applicant demonstrates the use of a stealth facility is not viable or practical, the City may require that the facility be camouflaged to blend with its surroundings through creative placement or other approaches. Unless painting is required to meet the  lattice construction. Guyed tower design are prohibited.  stealth facility standards, towers shall be of a neutral color.  (4) Maximum Height. The maximum height of at freestanding telecommunications facility  shall be 3501 feet.    CITY OF HENDERSON  UNIFIED DEVELOPMENT ORDINANCE  (5) Location and Setbacks.  (a) Ai freestanding telecommunications facility shall be setback from alll lot linesa distance equal to the collapse area or fall zone of thei tower in order to protect adjoining properties in the event ofa a collapse or structural failure or 1001 feet, whichever is greater. The facility'st fall zone shall be determined bya professional engineer licensed by the State of North Carolina in a report which  includes the engineer's signature and seal.  (b) Telecommunications facilities located within an Ol, B1, or MX district are required to be an accessory use to the principal building use. (c) When located on al lot within al Residential base district or al Mixed Use or Nonresidential base district that contains a principal structure, af freestanding telecommunications facility shall be located to the rear of the principal  structures.  (d) When located on a lot within a nonresidential district with a principal structure, afi freestanding telecommunications facility shall be located to the side or rear of  the principal structure.  (e) When a freestanding telecommunications facility is the principal use on al lot, it shall be located to minimize the visibility of the ground-based equipment from  residential uses and street rights-of-way.  (6) Federal Radio Frequency Emission Standards Compliance. The application for a new freestanding telecommunications facility shall provide documentation that the proposed facility will comply with all federal radio frequency emission standards. (7) Design of Accessory Structures. All ground-based accessory structures shall use the same materials and architectural components as the principal use ont the: site and shall be designed to resemble the basic architecture of surrounding structures toi the maximum extent practicable. In cases where the facilityi is noti the sole use of the land, such equipment shall be located within an existing structure to the maximum extent practicable. In cases where the facility is the principal use of the land, all ground based accessory structure shall be designed to blend into the natural environment and made of durable materials that require little maintenance (i.e., green painted, rust-resistant metal cabinets or brown painted fibrous cement sided accessory structure).  (8) Screen Required.  (a) All sides of the perimeter of the freestanding telecommunications facility shall be screened with a fence pursuant to the fence and wall standards.    CITY OF HENDERSON  UNIFIED DEVELOPMENT ORDINANCE  (b) In addition to landscape screening required, a minimum eight-foot-high fence shall be provided around the base oft thei facility and any equipment buildings and placed between thei facility and all required landscaping and screening.  (9) Lighting of Freestanding Telecommunications Facilities. An application for a new freestanding telecommunications facility intended toi include obstruction lighting shall provide documentation from the FAA orc other appropriate agency that obstruction  lighting is required.  (10) Removal Due to Abandonment. A1 freestanding telecommunications facility and related equipment shall be removed ifiti is abandoned or no longer used fori its original intent  for a period greater than 90 consecutive days.  (11) Signage. Signs attached toi the tower are prohibited. Wall signs with identification information are allowed on equipment structures or fences: surrounding the facility provided each individual: sign does not exceed nine square feet in size. Any signage must  bes speificallyaddressed. during the permit review process. (12) No Outdoor Storage. Outdoor storage is prohibited.  (13) Application Content. An application for a new freestanding telecommunications facility shall include all thei following information in addition to any other required information:  (a) Identification of intended providers(s);  (b) Documentation by an engineer licensed in the State that the facility has sufficient structural integrity to accommodate at least four users; (c) Astatement from the owner indicating intent to allow shared use of thei facility and how others will be accommodated, ifa applicable; (d) Evidence thati the owners of residentially zoned land within 3001 feet oft the site have been notified regarding the proposed facility height and design;  (e) Intended facility structural failure collapse area; and  (f)  Elevation drawings to scale, showing the height of thet tower, fencing, vegetative screening, and ground equipment. Other than mandatory obstruction lighting, no lighting shall bei installed or shined upon thet tower. Exterior lighting of accessory structures or equipment areas shall be equipped with motion detectors or other appropriate devices intended to prevent the areai from being illuminated for long periods of time while not being serviced or maintained. Such exterior lighting shall be shielded and directed away from residential uses  and street rights-of-way.    6 6 -  6 3    Evidentiary! Hearing Notice  Henderson Zoning Board of Adjustment Meeting  Notice is hereby given that the Henderson Zoning Board of Adjustment will hold an evidentiary hearing on Tuesday November 5, 2024, at 3:301 PMi int the City Council Chamber, which is located at the City of  Henderson, 134 Rose Ave, Henderson, NC. Business to be discussed as follows:  NEW BUSINESS  Evidentiary Hearing: (Case: 2411-01Z) Request a Special Use Permit to build a communication tower and allow collocation to be located on Brodie Road, PIN #0218 02004 in al R15 (Moderate  to Low Density Residential District.  Sworn testimony of factual, documented information will be heard. Interested persons presenting arguments both fora and against the above cases are urged to attend as significant changes may result Please run this int the legal / public notice section on Thursday October 24, and Thursday October 31,  duei to the decisions of the Board.  2024.