Public Hearing followed by discussion and possible action on any and all matters regarding Conditional Use Permit Case No. 2015-0435, a request by Michelle Lamoureux, Pinnacle Consulting, applicant representative of Sun State Towers, on behalf of Bienestar Apartments Phase II, LLC, owner, for a Conditional Use Permit to install a telecommunications monopole at 690 N. 10th Avenue in San Luis, AZ. (John Starkey, Zoning Administrator)

A. Open Public Hearing
B. Close Public Hearing
C. Action on Conditional Use Permit Case No. 2015-0435

The applicant is requesting a Conditional Use Permit to install an 80 feet telecommunications monopole on a leased area, northwest corner inside of the property, at 690 N. 10^th Avenue.  The property is zoned as High Density Residential (R-3) and it is currently used as an apartment complex.  

The adjacent properties to the north and south are developed as residential and are zoned Manufactured Home (MH) and Medium-High Density Residential (R-2) respectively. The properties to the west are developed as a church and a preschool and are zoned as High Density Residential (R-3). The property located to the east is zoned Rural Area Residential (RA-10) and is undeveloped land. 

The required setback for any structure in the High Density Residential District (R-3) is 10 feet side and 10 feet 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 80 feet and as the site plan shows, it complies with the required setbacks. There will be an 8 foot high screen wall, painted to match existing buildings, around the tower covering the 670.06 square feet leased area.

Sun State Towers proposes to provide and enhance wireless communication network in an area experiencing deficiencies. The proposed tower will be a multicarrier monopole thereby reducing the need for an additional wireless communication facility in that area.  As of right now Verizon Wireless is committed to this site but other carriers can use this monopole. The monopole will have four Verizon Wireless antennas per sector and there will be three sectors. The proposed location is critical due to the Mexican treaty regarding maximum allowed RSSI (Received Signal Strength Indicator) across the border. A site in this location allows carriers to meet the needs of the residential areas south of Juan Sanchez Blvd. without violating the treaty.  The proposed 80 feet monopole tower will improve wireless coverage and increase network capacity in the area for Verizon Wireless.
 
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 height, appearance, screening, stealth design, planting, and 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 December 1, 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 no public present.

PLANNING AND ZONING COMMISSION MEETING:
The Planning and Zoning Commission held a meeting on December 8, 2015.There was one question from the public, whether the City can require certain design of the tower (for example a design to look like a palm tree) for aesthetic purposes. The Commission recommends approval of this request with the condition that the legal department will look into the question made by the member of the public. 

AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various City and outside agencies.  We have received the attahed comments from the following agencies:

1. City of San Luis Fire Department (10-3-15)
2. Marine Corps Airs Station (11-4-15)

As required by state law, staff sent notification letters to property owners within 300 feet of the proposed project (74 letters). The City has not received any other significant concerns or objections from the various review agencies or adjacent property owners.

STAFF REVIEW:
The applicant has provided the information and materials necessary for review of the Conditional Use Permit.  

The Conditional Use Permit is to allow a telecommunications monopole tower on property located at 690 N. 10th Avenue. It will still be required to comply with all applicable regulations adopted by the City. 

Staff recommends approval of the Conditional Use Permit Case No. 2015-0435.

1.  I MOVE TO OPEN PUBLIC HEARING.
2.  I MOVE TO CLOSE PUBLIC HEARING.
3.  I MOVE TO APPROVE THE CONDITIONAL USE PERMIT AS PRESENTED.