Continuation of Public Hearing followed by discussion on any and all matters regarding Conditional Use Permit Case No. 2015-0126, a request by Michelle Lamourex, on behalf of Verizon Wireless Communication, for a Conditional Use Permit to install a telecommunications monopole at 1063 E. Main Street in San Luis, AZ. (Item continued from June 24, 2015)  (John Starkey)

A.  Continuation of public hearing
B.  Close public hearing
C.  Action on Conditional Use Permit Case No. 2015-0126

The applicant is requesting a Conditional Use Permit to install an 100-feet telecommunications monopole on a leased area northeast of the property at 1063 E. Main Street.  The property is zoned as Community Commercial (C-2) and it was previously used for auto sales (Autos De Santiago).   There is already an existing 120-feet tower on the property but it cannot support another carrier because is almost at full capacity; that is why Verizon Wireless is proposing a second tower in this location.
 
The adjacent properties to the north and south are zoned RA-10. On the west there is the East Main Canal and across the canal are several lots zoned as Community Commercial (C-2) that are not currently being used. The property located to the east is zoned RA-10 and is developed as school grounds for Gadsden Elementary School District. 
 
The required setback for any structure in the Community Commercial(C-2) is 5 ft side and 10 ft rear. However, provided in Section 19.3-C, “towers shall be set back a distance equal to at least one hundred percent (100%) of the height of the tower from any adjoining lot line.” The tower should provide a “fall zone” of its height, in other words, if the tower shall fail, it would fall entirely on the property on which is located. The proposed tower is 100 ft and would require a variance prior to construction. The applicant has applied for a variance and it would be presented to the Board of Adjustment (City Council) the same date as this request. (Variance Case No. 2015-0130)
 
The proposed 100 ft monopole tower will improve wireless coverage and increase network capacity in the area for Verizon Wireless. There will be an 8 ft high fence around the tower made of chain link covering the 924 sq. ft. leased area. Provided in Section 14.9-C1, “Barbed wire may be permitted in commercial and industrial zoning districts for security purposes surrounding allowed outdoor storage areas provided the barbed wire is located a minimum of six (6) feet or more above grade and angled inward.”
  
TELECOMMUNICATIONS ACT OF 1996:
 
This federal legislation established certain standards for local review of various types of antennas and other communication devices. Local governments may consider standards such as public safety issues (other than radiation). The local government may not discriminate between service providers, prohibit wireless services or have the effect of prohibiting wireless services, regulate on the basis of electromagnetic radiation if the facility complies with FCC standards, make land use decisions without substantial evidence and a written record of the proceedings, or unreasonably delay decision making on proposed applications.
 
CITIZEN REVIEW MEETING:
 
The Citizen Review Meeting was held on June 2, 2015 at City Hall Council Chambers at 6:00 P.M. The intent of this meeting was to allow the public to learn about the project, ask questions, and express comments. There was only one question regarding the exact location of the tower, no other comments/questions were given.
 
PLANNING AND ZONING COMMISSION MEETING:
 
The Planning and Zoning Commission held a meeting on June 9, 2015 at City Hall Council Chambers at 7:00 P.M. The applicant’s representative presented the request to the Commission no public commented on this request. The Commission recommended approval of the Conditional Use Permit request.
 
CITY COUNCIL MEETING:
 
The City Council held a meeting on June 24, 2015 at City Hall Council Chambers at 7:00 P.M.
 
City Staff received comments from the Bureau of Land Management (BLM), Yuma Field Office regarding this property.  De Santiago’s property currently has a paved road access which is located in a different property.
 
BLM confirmed that the mentioned property is federal land and is managed by them.  They informed City Staff that BLM has no record noting authorization of the paved road and therefore the paved road does not provide legal access to DeSantiago’s private property. BLM would like to work directly with the owner and work on an authorization.
 
BLM comments were received a few days prior to the Public Hearing. The Public Hearing was already advertised therefore presented to Council with Staff recommendation of continuing the item for July 8, 2015.
 
The City Council opened the public hearing to give the opportunity to the public to express any concern or comment regarding this request. The owner of two properties located adjacent to the north of the proposed location was present and expressed his concerns. His main concerns were the impact on property values around the area and safety issues of what would happen if the tower falls. The Public Hearing was continued to the regular Council meeting of July 8, 2015.

AGENCY REVIEW:
 
As part of the review process, all land use cases are reviewed by various City and outside agencies.  We have received comments from the following agencies:
 
1.         US Marine Corps Air Station (05-18-15)
2.         Bureau of Reclamation (05-20-15)
3.         Bureau of Land Management (various dates)

As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (25 letters). The City has not received any other significant concerns or objections from the various review agencies or adjacent property owners.
 
The applicant has provided the information and materials necessary for review of the Conditional Use Permit.  The applicant has applied for a Variance (Case No. 2015- 0154) from Board of Adjustment (City Council) to allow reduced setbacks from the 100 ft. required by Section 19.3-C of the City of San Luis Zoning Ordinances.

On June 24, 2015, City Staff was informed, by Pinnacle Consulting, Inc. that they had submitted the SF 299 for to BLM for authorization of official access to Javier De Santiago’s property.

On June 30, 2015, BLM notified City staff that the proper federal agency to obtain legal access is through the Bureau of Reclamation. 

The Planning and Zoning Commission and City staff recommends that the City Council APPROVE the Conditional Use Permit to allow a telecommunications tower at 1063 E. Main Street in San Luis, AZ .  In addition City staff recommends approval on the condition that applicant apply for legal access from the Bureau of Reclamation including access for the public so that public safety vehicles and personnel have access.  That the applicant actually obtain such legal access  in 18 months.