Conditional Use Permit Hearings - Land Use Issues
This item, for the southeast corner of Sage/Romero, the current TEP Utility pole, is in the Pima County right-of-way.
P21-09-036 PC ROW - WEST SAGE STREET
Chad Blunt, in the right-of-way located at 1715 West Sage Street in the SR zone, requests a conditional use permit for a communication tower/utility pole replacement. Chapter 18.97 in accordance with Section 18.07.030H2e7 of the Pima County Zoning Code allows a communication tower/utility pole replacement meeting certain conditions as a Type 1 Conditional Use in the SR zone. (District 1)
The applicant proposes to add 16' to the current 38' pole height, for a finished height of 54' to add a cell tower. He may replace the existing pole with a new one that will accommodate the original TEP use as well as the additional AT&T use. Additional fenced equipment will be located at the base of the tower.
A current communications pole exists on the Mesa Verde school campus, but the pole was funded by a grant providing internet access for the students, and a stipulation of the grant is that the pole not be a co-location for services the grant does not cover.
In general, the County favors co-locations when possible.
The final decision is rendered by the Zoning Hearing Administrator, as a Type 1 Permit does not require a hearing by the Planning and Zoning Commissioners or the Board of Supervisors. The decision may be appealed.
The LCMNA Liaison supports a 60-day continuance to facilitate discussions between Mr. Blunt and the neighboring residents.
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UPDATE:
At Wednesday's (Feb 10, 2010) hearing regarding the cell tower application on Mesa Verde school property by Chad Blunt, the Hearing Administrator Jim Portner granted a continuance of 60 days for Mr. Blunt to be in touch with neighbors proximate to the proposed tower. Mr. Blunt assured Betsy Sandlin (Romeroneighbors) and Donna Heidinger (LCMNA) that he would contact us by email when a meeting is scheduled. When one is, he said it will likely be at Mesa Verde School.
This matter will be heard again at 10 a.m. on Wednesday, April 14 in the basement hearing room at 201 N. Stone--and this item will not be re-noticed by mail. Mark your calendar now!
Notice of any further information will be sent to you by email from RomeroNeighbors and will appear on the LCMNA website.
As a postscript to the postponement of the hearing to April 14, Mr Portner advised the residents in attendance that the Federal Communications Act of 1996 forbids the consideration of certain items, such as health impact, as opposition to the placement of communications towers. Please review the legislation mandates if you are considering opposing the applicant's request.
Residents may call Deputy Chief Zoning Inspector Tom Drzazgowski with questions: 740-6675.
Thanks to all concerned area residents who gave of their time to appear at the Hearing.
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STAFF REPORT:
MEMORANDUM
PUBLIC WORKS - DEVELOPMENT SERVICES
PUBLIC HEARING – February 10, 2010
DATE: February 8, 2010
TO: Jim Portner, AICP, Hearing Administrator
FROM: Tom Drzazgowski, Deputy Chief Zoning Inspector
SUBJECT: P21-09-036 PC ROW – W SAGE ST.
(Chad Blunt, applicant)
Type I Conditional Use - Communication Tower/Utility Pole Replacement
LOCATION:
The project is located in the right of way at 1715 W. Sage St. The location of the utility pole replacement is to the east of the intersection of Romero Rd and Sage St. The utility pole is located on the south side of the street. The utility pole and all associated equipment will be located in the right of way.
SURROUNDING LAND USE OR CONTEXT:
The site is zoned SR (Suburban Ranch). The properties to the north are zoned SH (Suburban Homestead). The property to the south is a school which is zoned SR. The properties to the west of Romero Rd are zoned CR-1 (Single Residence).
PUBLIC COMMENT:
At the time of this report, staff has received numerous call and correspondence from neighbors in the area. Approximately nine letters of correspondence have been received by this office. All the letters addressed issues or objections to the site and the location. In addition, staff has received a letter from the applicant requesting a continuance to meet with neighbors in the area.
PREVIOUS CASES ON PROPERTY:
There are no existing cases on the property.
DEVELOPMENT SERVICES COMMENTS:
This is a Type I Conditional Use request for a communication tower/utility pole replacement. The standards which allow the communication tower to be permitted as a Type I conditional use are:
1. Replaces the existing pole.
2. Is no further than 6 feet from the existing pole and is within the same alignment.
3. Is no higher than sixteen feet beyond the height of the existing pole.
4. The antennas are flush-mounted.
5. The diameter of the replacement pole, does not exceed the diameter of the existing pole, by more than 60 percent or 14 inches, whichever is greater.
6. The installation includes a new equipment area.
Staff suggests that a continuance be considered by the Hearing Administrator. At a minimum a 30-60 day continuance should be granted. Most calls that have been received by staff stated that there has been no outreach or discussion by the applicant to the neighbors in the area. Neighbor outreach and dialogue are a critical part of the conditional use process. Normally, outreach and dialogue with neighbors occurs prior to the submittal of a conditional use application. In addition, staff believes the applicant should be directed to review other sites in the area and/or a reduction in the overall height of utility pole. Staff believes that a co-location on the current pole could be reduced to as little as 4-6 feet above the height of the existing pole. This reduced height could minimize impact to neighbors and maintain the minimum separation necessary between power lines and antennas. As another alternative a “canister” type antenna could be substituted for the current design. Canister type antennas are designed to look like the utility pole and hide the antenna in a canister on top of the pole. The applicant should solicit feedback from neighbors to determine if a site on school property might be an alternative location. A monopalm or faux-cacti could be utilized at the school site to minimize impact to neighbors.
DEPARTMENT OF TRANSPORTATION AND FLOOD CONTROL
The Department of Transportation and the Flood Control District will review this project during the license agreement process.
c: Carmine DeBonis, Development Services Director
Chad Blunt, Applicant
Tina Whittemore, Chief Zoning Inspector
Communication
