STAFF REPORT
TO: Planning & Zoning Commission Members
FROM: Planning Division Staff
REQUEST:Title
Adopt Resolution No. 24-02 Approving a Conditional Use Permit to Allow Placement of a 100-foot Monopole Telecommunications Structure and Related 40-foot by 40-foot Screened Ground Equipment Enclosure on City-Owned Property Located at 1867 Walnut Drive, Tract 2302, Parcel A, in a Single Family Residential (R-1) District (Chris Gilbert)
Body
GENERAL INFORMATION:
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Application No.: |
24-4161 (P&Z #24-00300003) |
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Property Legal: |
Tract 2302, Parcel A |
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Property Address: |
1867 Walnut Drive |
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Lot Size: |
11.37 Acres |
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Applicant: |
TowerCom |
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Property Owner: |
Lake Havasu City |
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Staff Project Manager: |
Chris Gilbert |
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Current/Proposed Zoning: |
Single Family Residential District (R-1) |
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Existing/Proposed Use: |
Sewage Treatment Plant / Monopole Telecommunications Tower Facility |
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Proposed Number of Lots/Units: |
N/A |
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Density |
N/A |
PROPERTY AND APPLICATION BACKGROUND:
TowerCom has filed Conditional Use Permit applications for two (2) new monopole tower facilities in Lake Havasu City that will each host 3 co-located cellular service provider arrays plus the City has the ability to co-locate in the future.
The landline phones that were very common in the 20th Century have largely gone away in favor of cellular communications. This type of service, unlike buried or overhead telephone lines, requires specific signal frequencies and strength to be effective, of which tower location and height are very important components, in order to provide adequate service to the residents, businesses, and visitors to the community. There are a lot of service gaps across the City right now as shown and described in great detail on the attached Project Narrative document and Need for Service Maps.
Siting of cellular communications towers requires fairly large properties to provide for sufficient fall zones in all directions should a tower ever suffer a collapse, requires a willing property owner, and needs to fill a service gap at the appropriate location and height to be effective, making finding new tower locations extremely difficult that meet all these requirements. These towers are permitted by the Development Code in Single Family Districts with a Major Conditional Use Permit.
This proposed location at 1867 Walnut Drive is a very large vacant 11.37-acre parcel and is zoned Single Family Residential (R-1) and is located on the site of the City’s Mulberry Wastewater Treatment Plant. There are a small number of residential single-family properties within 300 feet of the proposed site, primarily across Walnut Drive to the south. The proposed tower location is over 300 feet from residential uses in all other directions.
COMMENTS FROM OTHER REVIEWERS:
No objections were received from any reviewing agencies or departments, but some comments were provided that will be addressed in the Design Review phase should the Conditional Use Permit be approved. These comments are as follows:
City Engineering Division: Clear out the scrub brush to the west of the proposed facility.
Frontier: Applicant will be expected to pay for any line extensions to run fiber to the tower.
City Water Division.: Applicant is responsible for all costs if a water line or fire hydrant needs to be installed or relocated for any reason.
City Wastewater Division. Approved with the following comments:
1. City needs to have access to the utilities underground in that area. There is a 12" DIP
force main that is currently active and an abandoned 6" force main that runs
parallel with the wash and the proposed site. These will have to be located by the
contractor prior to construction as there can be nothing developed above them.
2. There are Reuse lines as well as a sampling well in the northwest corner that the City
would need to have access to if a gate or fence is installed.
3. The access to these utilities come from the dirt road off Walnut Drive.
STAFF ANALYSIS
Development Code Section 14.03.03.B.9.b.2 requires the following to be met for approval of a new telecommunications facility:
All new freestanding telecommunication towers shall require the approval of a Conditional Use Permit by the Commission, except telecommunications facilities of one meter in diameter or less, in any zoning district, and facilities of two meters in diameter or less in commercial and industrial districts, which are permitted by right. The application for a Conditional Use Permit for a freestanding tower shall include the following information:
(A) Technical documentation that a new telecommunications facility is required to provide service and that the collocation of facilities on an existing structure is not technically feasible. Provided as an attachment to this report.
(B) If the proposed facility will exceed the height limit of the underlying zoning district, technical documentation must be provided explaining the reason for the requested height, and that no other alternative is technically feasible. Provided as an attachment to this report.
(C) To eliminate attempts to gain approval of telecommunications facilities based on speculation, applicants for proposed facilities shall provide affidavit of intended lease or use from a cellular provider at the time an application is submitted. Provided as an attachment to this report.
(D) The Commission shall decide a Conditional Use Permit request for a new wireless telecommunications facility 150 days from the time the applicationis received unless this time period has been mutually extended or tolled because the applicant was informed, within 30 days of submitting the application, that it is incomplete. The application was filed on January 24, 2024, by TowerCom and thus is within the 150 day review timeframe.
(E) Failure to demonstrate that the criteria in subsections 14.03.03.B.9.b(2)(A) and 14.03.03.B.9.b(2)(B) above are true shall be considered grounds for disapproval of a Conditional Use Permit application. The required information has been provided as attachments to this report, thus the applicant is in full compliance with the permitting requirements for a new telecommunications tower at the requested location.
Development Code Section 14.05.04(G)(4) provides the findings necessary for the approval of a Conditional Use Permit. The Planning Commission may only approve the permit after finding that:
a) The proposed use is allowed with a minor or major conditional use permit, as appropriate to the request, within the applicable zoning district and complies with all applicable provisions of this Development Code;
The proposed use is permitted in single family residential districts with a Conditional Use Permit and complies with the requirements of 14.03.03.B.9 regarding Telecommunications Facilities.
b) The proposed use is consistent with the goals and policies of the General Plan and any applicable specific plan;
The General Plan under Chapter 9, Guiding Principles for A Functional and Efficient System of Public Facilities and Community Services, Goal PF.1.3 states “Work with non-municipal service providers to improve and expand service levels”. This is exactly what this application is aiming to accomplish.
c) The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;
The proposed use is located on a large 11.37-acre tract that has a limited number of single-family residential uses in close proximity, and due to the size, can provide a very large buffer to the vast majority of properties directly abutting this tract, minimizing the sight impact.
d) The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City;
The proposed use could have a sight impact from some homes on a limited number of single family residential properties, and the proposed tower setback is quite significant, being located on the 11.37-acre site hosting the City Mulberry Wastewater Treatment Facility.
e) The subject site is adequate in terms of size, shape, topography, and circumstances and has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic expected to be generated by the proposed use;
The subject site is large at 11.37 acres and has an existing access drive off Walnut Drive that will be infrequently used for tower maintenance once construction is completed. No traffic issues are expected as the site will not be occupied.
f) The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection.
The General Plan encourages an efficient system of public facilities as addressed in the goal listed in (b) above. With so much of the City being single family residential, the Development Code recognizes that utility services can’t always be placed in commercial or industrial areas to meet the public need and thus permits considering single family R-1 areas to accomplish this goal with a Conditional Use Permit.
Staff finds that the request meets the above requirements necessary for approval of this Conditional Use Permit. In reviewing a Conditional use Permit request, the Commission may impose conditions deemed reasonable and necessary to ensure that the approval will comply with the required findings preserving the public health, safety, and general welfare of the area. Accordingly, staff suggests the Commission consider the conditions of approval listed under Staff Recommendations below.
ATTACHMENTS: Some attachments refer to 390 Mulberry (before the Walnut address was assigned by staff). It’s the same application.
Area Map
Zoning Map
Narrative of Request
Need for Service
Mockup of Proposed Tower Location
Verizon Intent to Lease Letter
FCC and State Law Compliance Letter
Site Drawings
Planning Commission Resolution
STAFF RECOMMENDATIONS:
Staff recommends approval of Land Use Action 24-4161, for approval of a Conditional Use Permit to allow placement of a 100-foot Monopole Telecommunications Structure and related 40-foot by 40-foot Screened Ground Equipment Enclosure on City-owned property located at 1867 Walnut Drive, Tract 2302, Parcel A, in a Single Family Residential (R-1) District with the following conditions:
1. The final plans submitted for Design Review shall substantially match the Site Plan submitted with this application.
2. All City Divisions and Utility Company Comments listed in this staff report are to be addressed by the applicant.
3. All development standards listed under Development Code Section 14.03.03.B.9.c regarding Telecommunications Facilities are required to be addressed with the Design Review Submittal documents.
4. Should all providers on the tower cease operation for a period of 90 days or more, the tower shall be removed, per Development Code Section 14.03.03.B.9.d, within 120 days thereafter.
5. The applicant shall enter into a lease agreement with the City for the requested tower site that shall be approved by the City Council prior to any work commencing on the property.
SUGGESTED MOTION:Recommended Action
I move to approve Land Use Action 24-4161 and adopt Resolution No. 24-02, approving a Conditional Use Permit to allow placement of a 100-foot tall Monopole Telecommunications Structure and related 40-foot by 40-foot screened ground equipment enclosure on City-owned property located at 1867 Walnut Drive with the conditions contained in the resolution.