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| Zoning Commission | |
| Date: | 04/04/2023 |
| Title: | Special Review 996 - 1010 Grand Ave - Increase Wireless Tower Height to 76 feet |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends conditional approval and adoption of the findings of the review criteria for Special Review 996.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a special review to allow a 30-foot height increase to an existing wireless communication facility (WCF), in a Corridor Mixed Use 1 (CMU1) zone district located at 1010 Grand Avenue. The current WCF is 46 feet in height and the antenna mounted on the WCF brings the overall height to 50 feet. Fifty feet is the maximum height of all WCF in most commercial and mixed use zone districts without a special review approval of the City Council. This provision has been in place since 2001. Increasing the height from 46 feet to 76 feet requires the submission of a special review. A WCF over 50 feet in height, according to local zoning regulations, needs to be at least 1 mile from any other WCF over 50 feet. If the new tower is within this 1-mile radius, then a waiver of this requirement is necessary. A WCF over 50 feet but less than 100 feet must accommodate at least one other comparable antenna in addition to the applicant's antenna. (Sec. 27-1007.C.4 (h and k)). The existing WCF was permitted in August 2001 and completed in 2002. There are three other WCFs within 1 mile of this location, but all of these facilities are 50 feet in height or less.
A special review is not an allowed use but a special exception to the by-right uses within a zone district. Special review is not always required for a particular use depending on the zone district. For example, a religious assembly (church) use requires special review in all neighborhood zones but is an allowed use in the mixed-use zones. A special review can focus on the site development details while a zone change cannot. For this application, we have received detailed information on the proposed use, the traffic patterns in the area, landscaping, drive approaches and similar details. An unmanned WCF facility generally creates little traffic but facility requirements such as back-up generators may cause some impacts on surrounding residents.
APPLICATION DATA
OWNERS: Highland Rim Properties (land, ATC Sequoia (WCF on leased land)
AGENT: Josh Gray, Powder River Development, agent for ATC Sequoia
PURPOSE: Allow increase in existing tower height from 46 feet to 76 feet - antenna may exceed this height, and are not calculated in WCF height in zoning
LEGAL DESCRIPTION: Lot 1A and 7 of Sunset Subdivision 4th Filing - leased parcel I-725
ADDRESS: 1010 Grand Ave
EXISTING LAND USE: 46-foot WCF tower
PROPOSED LAND USE: 76-foot WCF tower
EXISTING ZONING: CMU1
The new zoning code has a variety of considerations and findings before a special review use can be considered acceptable at a particular location. The requirements are set forth in Section 27-1623.D as follows:
Some of the criteria above are not particularly applicable to the proposed project to increase the height of the existing WCF tower. For example, traffic management and hours of business may not have any relevance to the application. The proposed project will include installation of the tower extension, new ground controller cabinets for T-Mobile and a new perimeter fence to enclose the entire leased area (1,600 sf) behind the commercial building along the Grand Avenue frontage. There are residences to the south and west (100 ft) that have mature landscaping, so the height extension should not impact those properties. The commercial structures in the area do block direct visibility of the ground-mounted equipment and the base of the WCF tower. A 30-foot height increase will make the WCF tower more noticeable from Grand Avenue but will not be distracting or visually damage the area since it is located in area behind primary structures. The plan sheet showing the new fence surround for the leased area indicates a 6-foot chain link fence with 3 strands of barbed wire above the chain link. The code requires any barbed wire to be above and 8-foot fence. The Planning staff is proposing a condition to require a taller fence for the barbed wire. The location will not be within 1 mile of any other WCF tower greater than 50 feet in height.
A special review is not an allowed use but a special exception to the by-right uses within a zone district. Special review is not always required for a particular use depending on the zone district. For example, a religious assembly (church) use requires special review in all neighborhood zones but is an allowed use in the mixed-use zones. A special review can focus on the site development details while a zone change cannot. For this application, we have received detailed information on the proposed use, the traffic patterns in the area, landscaping, drive approaches and similar details. An unmanned WCF facility generally creates little traffic but facility requirements such as back-up generators may cause some impacts on surrounding residents.
APPLICATION DATA
OWNERS: Highland Rim Properties (land, ATC Sequoia (WCF on leased land)
AGENT: Josh Gray, Powder River Development, agent for ATC Sequoia
PURPOSE: Allow increase in existing tower height from 46 feet to 76 feet - antenna may exceed this height, and are not calculated in WCF height in zoning
LEGAL DESCRIPTION: Lot 1A and 7 of Sunset Subdivision 4th Filing - leased parcel I-725
ADDRESS: 1010 Grand Ave
EXISTING LAND USE: 46-foot WCF tower
PROPOSED LAND USE: 76-foot WCF tower
EXISTING ZONING: CMU1
The new zoning code has a variety of considerations and findings before a special review use can be considered acceptable at a particular location. The requirements are set forth in Section 27-1623.D as follows:
1. The special review use is consistent with the City's growth policy and applicable neighborhood plans, if any;
2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
3. The site is adequate for the proposed use and has the topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
6. Conditions necessary to protect the public health, safety, and general welfare can be established, including but not limited to conditions on:
2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
3. The site is adequate for the proposed use and has the topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
6. Conditions necessary to protect the public health, safety, and general welfare can be established, including but not limited to conditions on:
(a) Regulation of the use;
(b) Special setbacks, buffers, or screening;
(c) Surfacing of parking areas;
(d) Street, alley, or service road dedications, improvements, or bonds;
(e) Regulation of points of vehicular ingress and egress;
(f) Regulation of signs;
(g) Regulation on the performance of the site, including noise, vibration, and odors;
(h) Regulation of the hours of activities;
(i) Timeframe for development
(j) Duration of use; and
(k) Other relevant conditions that will ensure the orderly development of the site.
(b) Special setbacks, buffers, or screening;
(c) Surfacing of parking areas;
(d) Street, alley, or service road dedications, improvements, or bonds;
(e) Regulation of points of vehicular ingress and egress;
(f) Regulation of signs;
(g) Regulation on the performance of the site, including noise, vibration, and odors;
(h) Regulation of the hours of activities;
(i) Timeframe for development
(j) Duration of use; and
(k) Other relevant conditions that will ensure the orderly development of the site.
7. Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided;
8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets; and
9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the city council.
8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets; and
9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the city council.
Some of the criteria above are not particularly applicable to the proposed project to increase the height of the existing WCF tower. For example, traffic management and hours of business may not have any relevance to the application. The proposed project will include installation of the tower extension, new ground controller cabinets for T-Mobile and a new perimeter fence to enclose the entire leased area (1,600 sf) behind the commercial building along the Grand Avenue frontage. There are residences to the south and west (100 ft) that have mature landscaping, so the height extension should not impact those properties. The commercial structures in the area do block direct visibility of the ground-mounted equipment and the base of the WCF tower. A 30-foot height increase will make the WCF tower more noticeable from Grand Avenue but will not be distracting or visually damage the area since it is located in area behind primary structures. The plan sheet showing the new fence surround for the leased area indicates a 6-foot chain link fence with 3 strands of barbed wire above the chain link. The code requires any barbed wire to be above and 8-foot fence. The Planning staff is proposing a condition to require a taller fence for the barbed wire. The location will not be within 1 mile of any other WCF tower greater than 50 feet in height.
STAKEHOLDERS
The applicant conducted a pre-application neighborhood meeting on February 22, 2023. One surrounding property owner, Dan Schwarz, attended the meeting. Mr. Schwarz had no concerns with the proposed 30 ft extension to the WCF tower.
Planning staff prepared and mailed the public hearing notice to surrounding property owners, published a legal ad and posted the property with the Zoning Request sign. Planning staff receive no communication on the application from the surrounding owners or the public.
Planning staff prepared and mailed the public hearing notice to surrounding property owners, published a legal ad and posted the property with the Zoning Request sign. Planning staff receive no communication on the application from the surrounding owners or the public.
ALTERNATIVES
The City Zoning Commission may take one of the following actions:
- Recommend conditional approval and adoption of the proposed findings to the City Council, as submitted by Planning staff;
- Recommend denial and adopt different findings of the review criteria;
- Delay action of the application until the next regular meeting; or
- Allow the applicant to withdraw the application.
FISCAL EFFECTS
The Planning Division budget should not be effected by either approval or denial of the requested special review.
SUMMARY
PROPOSED FINDINGS OF THE REVIEW CRITERIA (27-1623.D and E)
Planning staff recommends approval of the requested special review based on the proposed findings of the criteria.
1. The special review use is consistent with the City's growth policy and applicable neighborhood plans, if any.
The 2016 Growth Policy is reflected in the policy statements in the Zoning code for Wireless Communication Facilities at Sec. 27-1007.C:
2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
Planning staff finds the WCF tower extension at 1010 Grand Avenue will not endanger the public health, safety, morals, comfort or general welfare of the community. Access to reliable communication systems support public health and safety. There are no other WCFs within 1 mile of this location so it is not uncommon for wireless service to be intermittent due to signal loss from terrain or buildings that break "line-of-sight" between WCFs in a local network. The tower extension will allow other providers to co-locate on this facility. The closest residential zone is more than 100 feet from the site. Planning staff received no public input from the public notice, the mailing or posting of the property.
3. The site is adequate in size for the proposed use and has topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
The proposed development meets the code requirements for a WCF in a commercial zone district, surrounded by commercial zone districts. The lease area of 1,600 sf is large enough to accommodate the additional ground equipment. The landscape requirements may be waived in this instance due to the lack of access to water, and the specific location behind buildings that front Grand Avenue. There is no aesthetic value to be gained from a sight-obscuring hedge around the WCF enclosure.
4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
The WCF tower extension should not impact the surrounding use of property that is already developed and will not impair property value in the vicinity. The total property value within 300 feet of the location is a little over $15,000,000. Investment in new construction generally tends to raise building and property values.
5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
This section of Grand Avenue has undergone recent redevelopment including the corner of 9th and Grand Avenue, remodel of MacDonald's at 1046 Grand Avenue, and Wendy's at 1025 Grand Avenue. The addition of 30 feet to the height of this WCF tower will not impede the continued investment in surrounding property.
6. Conditions necessary to protect the public health, safety, and general welfare can be established.
Staff recommends the following conditions of approval for this project based on the findings of the review criteria:
The site is fully serviced by city and private utilities, has adequate drainage, and direct access to the tower location through the alley that connects to 10th St West.
8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets.
The access to and from the site and the WCF tower already exists and does not need to be improved for this project.
9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the city council.
The proposed project meets all the other Zoning code requirements for a WCF and no variances are needed or requested.
Planning staff recommends approval of the requested special review based on the proposed findings of the criteria.
1. The special review use is consistent with the City's growth policy and applicable neighborhood plans, if any.
The 2016 Growth Policy is reflected in the policy statements in the Zoning code for Wireless Communication Facilities at Sec. 27-1007.C:
(a) Provide for the managed development and installation, maintenance modification, and removal of wireless communications infrastructure with the fewest number of wireless communications facilities (WCFs) to complete a network without unreasonably discriminating against wireless communications providers of functionally equivalent services, including all of those who install, maintain, operate, and remove WCFs;
(b) Promote and protect the public health, safety, and welfare by reducing the visibility of WCFs to the fullest extent possible through techniques including but not limited to camouflage design techniques and undergrounding of the equipment associated with WCFs;
(c) Encourage the deployment of smaller, less intrusive WCFs to supplement existing larger WCFs;
(d) Encourage the use of wall-mounted panel antennas;
(e) Encourage roof-mounted antennas only when wall-mounted antennas will not provide adequate service or are not otherwise feasible;
(b) Promote and protect the public health, safety, and welfare by reducing the visibility of WCFs to the fullest extent possible through techniques including but not limited to camouflage design techniques and undergrounding of the equipment associated with WCFs;
(c) Encourage the deployment of smaller, less intrusive WCFs to supplement existing larger WCFs;
(d) Encourage the use of wall-mounted panel antennas;
(e) Encourage roof-mounted antennas only when wall-mounted antennas will not provide adequate service or are not otherwise feasible;
(f) Encourage the location of antennas and towers in non-residential areas and minimize the total number of antenna support structures throughout the community;
(g) Strongly encourage the co-location of WCFs on new and existing antenna support structures;
(h) Require wireless communication facilities to be located, to the extent possible, in areas where the adverse impact on the community is minimal;
(i) Require wireless communication facilities to be configured in a way that minimizes the adverse visual impact of the towers and antennas; and
(j) Enhance the ability of the providers of wireless communication services to provide such services to the community, as quickly, effectively, and efficiently as possible.
Planning staff finds the proposed WCF tower extension in this location meets the policies and goals as stated in the regulations.(g) Strongly encourage the co-location of WCFs on new and existing antenna support structures;
(h) Require wireless communication facilities to be located, to the extent possible, in areas where the adverse impact on the community is minimal;
(i) Require wireless communication facilities to be configured in a way that minimizes the adverse visual impact of the towers and antennas; and
(j) Enhance the ability of the providers of wireless communication services to provide such services to the community, as quickly, effectively, and efficiently as possible.
2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
Planning staff finds the WCF tower extension at 1010 Grand Avenue will not endanger the public health, safety, morals, comfort or general welfare of the community. Access to reliable communication systems support public health and safety. There are no other WCFs within 1 mile of this location so it is not uncommon for wireless service to be intermittent due to signal loss from terrain or buildings that break "line-of-sight" between WCFs in a local network. The tower extension will allow other providers to co-locate on this facility. The closest residential zone is more than 100 feet from the site. Planning staff received no public input from the public notice, the mailing or posting of the property.
3. The site is adequate in size for the proposed use and has topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
The proposed development meets the code requirements for a WCF in a commercial zone district, surrounded by commercial zone districts. The lease area of 1,600 sf is large enough to accommodate the additional ground equipment. The landscape requirements may be waived in this instance due to the lack of access to water, and the specific location behind buildings that front Grand Avenue. There is no aesthetic value to be gained from a sight-obscuring hedge around the WCF enclosure.
4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
The WCF tower extension should not impact the surrounding use of property that is already developed and will not impair property value in the vicinity. The total property value within 300 feet of the location is a little over $15,000,000. Investment in new construction generally tends to raise building and property values.
5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
This section of Grand Avenue has undergone recent redevelopment including the corner of 9th and Grand Avenue, remodel of MacDonald's at 1046 Grand Avenue, and Wendy's at 1025 Grand Avenue. The addition of 30 feet to the height of this WCF tower will not impede the continued investment in surrounding property.
6. Conditions necessary to protect the public health, safety, and general welfare can be established.
Staff recommends the following conditions of approval for this project based on the findings of the review criteria:
- The special review approval is for the 30-foot extension of the existing WCF tower located at 1010 Grand Avenue legally described as Lots 1A of Sunset Subdivision 4th and 7th Filings, and within the ATC leased area, as shown on the site plan. No other use or variation from the zoning code requirements is intended or implied with this approval. For the purposes of this special review approval, the height of the WCF tower will be 76 feet. Antenna may extend above this tower height as allowed and specified in the Zoning code.
- The development of the project shall be done in substantial conformance to the submitted site plan.
- Any tower enclosure shall be a minimum of 6 feet in height. Any barbed wire or sharp fence material must be placed above a fence of at least 8 feet in height.
- The developer will submit a request to the Planning Division for Administrative Relief from the landscaping requirement for this location due to the lack of access to water and due to its location behind commercial structures.
- These conditions run with the land use and are binding upon and must be adhered to by the tower owner and any successors, transferees or assigns.
- The right of building and occupancy permits are contingent upon the fulfillment of all conditions imposed by this approval.
The site is fully serviced by city and private utilities, has adequate drainage, and direct access to the tower location through the alley that connects to 10th St West.
8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets.
The access to and from the site and the WCF tower already exists and does not need to be improved for this project.
9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the city council.
The proposed project meets all the other Zoning code requirements for a WCF and no variances are needed or requested.
Attachments
- Zoning Map and Site Photos
- Application and Pre app notes
- Site Plan
- Chart of Zoning History
- Code Sec 27-1007.C