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HomeMy WebLinkAboutBackground reportBACKGROUND REPORT The project site is Sweetwater Heights Park, which is located on the south side of Cagle Street, near its terminus at Plaza Bonita Center Way, in the Open Space zone. The park contains playground equipment and a sand area near the southwest corner, and a basketball court on the east end of the park. There are two existing wireless facilities located at the same site; an artificial palm tree approved in 2002 and an artificial pine tree, which was approved in 2004. The palm tree is 40 feet tall and is operated by Sprint. The pine tree is 55 feet tall and has two carriers upon it — AT&T and T-Mobile. The Sprint facility is located along the north property line and has an above -ground equipment shelter. The AT&T/T-Mobile facility has underground equipment shelters (two vaults) and is located just south of the Sprint facility. The applicant proposes to install a 45-foot tall artificial pine tree and a 408 square -foot equipment shelter. Tree -mounted equipment includes twelve 6-foot tall panel antennas and a 4-foot diameter microwave dish. The new facility is proposed directly east of the existing facilities. The tree would be located near to the artificial palm, with the equipment shelter tucked into the east corner of the park. The shelter would be partially underground with approximately seven feet remaining above ground. Landscaping is proposed along the west elevation to screen the shelter from Cagle Street. The facility also proposes to have an emergency generator in case of power failure. The generator would be within the equipment shelter. The proposal is a good example of a stealth facility, consistent with City policy. The antennas are proposed to project approximately three feet from the tree trunk but will be obscured by the fronds. Wiring between the tree and shelter would be placed underground. The two existing facilities have underground shelters, which limits the exposure of equipment. The applicant considered a vault, but ultimately opted for the partially underground shelter citing costs and waterproofing issues. Although it may be more consistent to also underground the shelter, there is already one facility with an above -ground shelter (Sprint). Given that the facility is tucked into the far corner of the park, there is less issue with regard to loss of park space. The proposed shelter structure is larger than the existing above ground shelter on -site. The proposed shelter is 34 feet by 12 feet in size (408 square feet). The existing Sprint shelter is around 300 square feet, although it is higher (10-12 feet high). To enhance the site, the applicant is proposing landscaping (palms) to screen the shelter from Cagle Street. A condition of approval (No. 20) has been included to require that landscaping be tall enough to screen the shelter from Cagle Street (greater than 7 feet). The facility is also consistent with City policy related to co -location with existing facilities. There are three other facilities in the area. The existing trees are not large enough to accommodate another carrier's antennas without making the trees significantly taller. However, by locating adjacent to existing facilities, there is greater opportunity to camouflage the artificial tree with existing trees, live and artificial alike. The facility is proposed to improve service south of State Route 54. Based on the attached Coverage Map, the area currently has limited or weak service. The facility is expected to generate only one to two vehicle trips per month for maintenance staff and is unlikely to have any impacts on local traffic patterns. Comments were received from the Building and Fire Departments and require compliance with current and new 2014 codes. Standard Conditions of Approval for wireless facilities are also included, requiring compliance with local, state, and federal codes, and that any external equipment is painted to match the surface on which it is mounted. The Public Works/Parks Department had no comments related to the project. One letter was received in response to the public notice from a nearby residential property owner on Cagle Street across from the park. Concerns noted in the letter were mostly related to potential hazards from radio frequency and chemicals, noting the warning labels on existing facilities. All facilities have a label warning of chemicals in backup batteries contained within equipment shelters. These batteries are enclosed and out of reach of all but maintenance staff. With regard to radio frequency issues, it should be noted that, per the 1996 Telecommunications Act, "no State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." The letter also relays safety and security concerns related to graffiti, people hiding or involved in illegal activity in and around existing facilities. This could be addressed through additional conditions (e.g., requiring additional lighting) at the discretion of the Commission, although there is a standard condition related to graffiti (No. 19). An additional concern was related to potential decreases in property values related to proliferation of wireless facilities. Staff is unaware of any correlation between such facilities and nearby property values. An additional letter of concern was also received subsequent to the public hearing and is related to the first. Both letters are attached to this report. If approved by a local jurisdiction, all wireless communications facilities must obtain all required state and federal permits in order to operate. A Condition of Approval (No. 17) is included requiring these permits. The facility is expected to generate only one to two vehicle trips per month for maintenance staff and is unlikely to have any impacts on local traffic patterns. Although the proposed project is consistent with the Land Use Code, in that it meets all applicable design requirements for wireless communication facilities, there are concerns form nearby residents related to facility operation, security, and loss of park space. The new facility will help to provide coverage in an area with limited service and provide additional reception for Verizon Wireless customers. Planning Commission conducted a public hearing on March 3, 2014. Commissioners expressed concerns regarding the footprint of the facility, the already existing cell towers, and the use of public park space for private use. The Planning Commission voted to deny the Conditional Use Permit based on findings contained in the attached Resolution, which was adopted on March 17, 2014. Staff concurs with the recommendation of the Planning Commission. Council reviewed the Notice of Decision of the Planning Commission's denial at their meeting of April 1, 2014, at which time the applicant filed an appeal of the denial of the Conditional Use Permit. The resolution taking action on the decision of the City Council will follow at a subsequent meeting.