Epic Wireless c/o Buzz Lynn (DBA Verizon Wireless) LOCATION: 3080 Vista Boulevard (Refer to Exhibit 1 Vicinity Map)

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Allan Davidson
5 years ago
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2 CASE NUMBER: REQUESTED ACTION(S): PROJECT DESCRIPTION: PROPERTY OWNER: APPLICANT: PCN / CU Approval of a Conditional Use Permit Conditional Use Permit to allow construction of a new cupola cellular tower at a location that cannot comply with the required separation distance from an existing cellular tower Peninsula Sparks, LLC Epic Wireless c/o Buzz Lynn (DBA Verizon Wireless) LOCATION: 3080 Vista Boulevard (Refer to Exhibit 1 Vicinity Map) PARCEL SIZE: EXISTING ZONING: PROPOSED ZONING: EXISTING LAND USE: LAND USE PLAN: WARD INFORMATION: APPLICABLE REGULATIONS: Acres PD (Planned Development D Andrea) No change Commercial (C) No change Ward 3 Ron Smith Sparks Municipal Code: Section Wireless Communication Tower or Antenna Section Conditional Use Permits 2

3 BACKGROUND: The subject site is located within the D Andrea Planned Development, which was originally approved in 1998 (see Exhibit 1 Vicinity Map). The subject site is designated as a commercial area on the Land Use Plan in the D Andrea Development Standards Handbook. The shopping center on the subject site was constructed in Located behind the shopping center buildings is an existing T-Mobile slimline flagpole cellular tower. This flagpole cellular tower is 70 feet tall and was approved by Administrative Review (AR070001) in 2007 (see Exhibit 2 Cellular Tower Location). The proposed cellular tower would be constructed within a cupola that would be added to the tower of an existing building in the shopping center. The cupola would be approximately 46 feet tall at its peak. The proposed location for this cupola cellular tower has been selected to improve Verizon s coverage in this area and to accommodate growing demand for data capacity. According to the applicant, the proposed cellular tower will reduce loads and dropped data on Verizon s three closest cellular towers. Site Selection Before selecting the proposed site, the applicant evaluated an area that includes the proposed site for the new cellular tower. Their objective was to find a location for a cellular tower and associated equipment in the eastern part of Sparks. Verizon identified and evaluated 11 potential locations, including the proposed location, on eight parcels. The other sites were eliminated because the respective property owners were not interested in leasing the sites for a cellular tower, the lease terms were unacceptable to Verizon, Verizon would not have adequate access to the sites, or zoning concerns made the sites undesirable. Verizon then evaluated co-location on the existing T-Mobile flagpole cellular tower behind the shopping center. However, there was no space on the ground available for the Verizon equipment; using additional ground space would have negatively affected the shopping center s required parking and landscaping. Also, the existing T-Mobile flagpole tower cannot structurally support additional equipment (antennas and remote radio units) without substantial modification. Legislative Context Congress passed the Telecommunication Act of 1996 (the Act), which included provisions entitled Preservation of Local Zoning Authority (47 U.S.C. 332(c)(7)) and amended the Communication Act of At the time of the Act, the FCC was attempting to preempt local zoning authority over cellular towers. The Act preserves local zoning review. The Act specifies that review of cellular tower 3

4 applications must occur in a timely manner and that there must be substantial evidence supporting the zoning decision. It also prevents municipalities from denying or conditioning cellular towers zoning based on environmental effects of radio frequency emissions as long as the tower complies with FCC emission rules. In other words, the Planning Commission cannot consider the possibility of adverse health effects from radiation from cellular towers. In August 2015, the City Council adopted SMC , Wireless Telecommunication Towers and Antennas. The purpose of this Section is to establish general guidelines for wireless communication towers and antennas. SMC Requirements Under SMC , the City must process an application for an Administrative Review for a new cellular tower within 60 days of deeming the application complete. If the proposed new tower cannot comply with the siting regulations, then a Conditional Use Permit (CUP) is required. This request is to construct a cellular tower in a location that does not comply with the SMC separation standards for cellular towers, triggering a CUP process. SMC requires 750 feet between cellular towers that are 75 feet or less in height, as is the case for both the existing T-Mobile flagpole cellular tower and the proposed cupola cellular tower. The proposed cupola cellular tower would be 115 feet from the existing T-Mobile cellular tower. SMC also requires that cellular towers be at least 200 feet or 300% of the height of tower, whichever is greater, from single-family or duplex residential units. The distance to the closest single-family residence is approximately 268 feet, so the proposed location complies with this requirement. ANALYSIS: This is a request for a CUP to allow a cellular tower and equipment to be installed inside a cupola to be constructed on top of an existing building in the shopping center. A CUP is required because the proposed cellular tower would be within 750 feet of an existing cellular tower (see Exhibit 2 Cellular Tower Location) The proposed cellular tower would be used by Verizon. The equipment would be located in an existing building with the antennas and radio remote units inside a new cupola that would added atop the building. The cellular equipment will be accessed through the utility room in the back of the existing building. Inside the utility room is a ladder that would be used to access the cellular equipment. Because the new cellular tower and its supporting equipment would be housed within and atop an existing building, required parking and landscaping at the shopping center would not be impacted. 4

5 The proposed cellular tower would be unmanned and visited by a technician approximately once a month to perform any necessary maintenance. The cupola would be constructed on top of the existing tower of one of the shopping center s buildings. The proposed overall height is 46 feet (see Exhibit 3 Plans). The cupola is designed with the same color and materials as the existing building. Because concrete tiles cause signal problems, the roofing materials would be Fiberglass Reinforced Panels (FRP) shaped, textured, and colored to look like terracotta roof tiles to match the existing building. The sides of the cupola will be texture-coated stucco, painted to match the existing stucco color and finish (see Condition 7 of the Conditions of Approval). CONDITIONAL USE PERMIT: FINDING C1: The proposal, as submitted and conditioned, is in compliance with the Comprehensive Plan. The Comprehensive Plan land use designation for the site is Commercial (C). The Commercial designation lists public facilities (which includes telecommunication facilities) as an allowed land use. The Land Use Plan Goals and Policies in the Comprehensive Plan that are relevant to this proposal include: GOAL CC1: Policy CC 9: Ensure that Sparks physical environment, services and amenities make it a city of choice for residents and businesses. Promote quality design for new construction through development standards that provide well-articulated building facades, defined entrances, clear pedestrian connections and landscaping. The proposed cupola cellular tower and associated equipment will improve Verizon cellular service in Sparks, complying with Goal CC1. The proposed stealth design of the cupola housing the cellular facility promotes quality design and blends the cellular facility into the shopping center, advancing Policy CC9. FINDING C2: The application, as submitted and conditioned, is compatible with the existing or permitted uses of adjacent properties. 5

6 The application, as submitted and conditioned, is compatible with the existing uses of the adjacent properties as outlined below. Direction SURROUNDING LAND USES ZONING North: Commercial (C) PD (Planned Development D Andrea) East: Commercial (C) and Intermediate Density Residential (IDR) PD (Planned Development D Andrea) South: Commercial (C) PD (Planned Development D Andrea) West: Intermediate Density Residential (IDR) MF-2/PUD (Residential Multi-Family/Planned Unit Development Lewis Homes Sparks 16D), SF- 7/PUD (Residential Single Family/Planned Unit Development Eastland Hills 5), and PO (Professional Office) The subject site is located in an area with a mix of land uses. The immediate surrounding use is a commercial shopping center. To the east and west are existing residential land uses but the proposed cupola cellular facility would be incorporated into the architecture of the existing shopping center. A cellular tower is a utility use, consistent with the commercial area to the south. The site would not be open to customers, staffed, or have employees visiting except for occasional maintenance, making this a low-intensity commercial land use. FINDING C3: The potential impairment of natural resources and the total population which available natural resources will support without unreasonable impairment has been considered. The property has been zoned and used for commercial uses for over a decade. No additional impact on available natural resources is anticipated as a result of the construction of a new cupola cellular tower and associated equipment. 6

7 FINDING C4: The application, as submitted and conditioned, will address identified impacts. This section discusses the findings as stated in SMC Wireless Communication Tower or Antenna: 1) Height of the proposed tower The D Andrea Development Standards Handbook allows architectural embellishments up to 55 feet tall in General Commercial areas. The new cupola would add an architectural embellishment to the existing building. The proposed overall height is 46 feet, complying with the Handbook. The only existing cellular tower in the vicinity of the proposed cupola cellular tower is the T-Mobile flagpole cellular tower, which is 70 feet tall and is also located on the subject property. If approved, the proposed cupola cellular tower would be within 750 feet of the T-Mobile cellular tower, contrary to the separation standard for cellular towers that are 70 feet or less in height (see Exhibit 4 - Telecommunication Map). The Reno-Tahoe Airport Authority indicated it does not have any concerns regarding this request (see agency comments). 2) Proximity of the tower to residential structures and residential boundaries SMC (B)(5) states that the standard for separation between cell towers and residential units is a minimum of 200 feet or 300% of the height of the tower, whichever is greater. With the proposed cell tower height of 46 feet, the minimum separation distance between the cellular tower and the single family residential unit is 200 feet. The closest residence is located to the east approximately 268 feet away, which complies with the separation standard. 3) Nature of uses on adjacent and nearby properties The proposed cupola cellular tower would be located within an existing shopping center in a commercial area adjacent to Vista Boulevard, an arterial. Staff views a cellular tower as compatible with commercial uses. 4) Surrounding topography The shopping center where the proposed cupola cellular tower would be located is relatively flat. Behind the shopping center, the terrain increases in grade. The proposed cupola cellular tower will be located on an existing building and would have no impact on the topography. 5) Surrounding tree coverage and foliage One reason for constructing the cupola cellular tower atop an existing building in the shopping center is to not impact the existing landscaping, as discussed above. 7

8 6) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness The proposed cellular tower and equipment would be installed inside a cupola to be constructed on top of an existing building. The proposed overall height is 46 feet. As previously discussed in more detail above, the cupola is designed with the same colors and materials as the existing building. The applicant has provided photographic simulations of the existing and proposed structure (see Exhibits 5-7 Photo Simulations). The photo simulations illustrate views of the proposed cellular tower from three different locations. 7) Proposed ingress and egress Access to the cupola cellular tower will be via Vista Boulevard, through the shopping center parking lot. Access to the cellular equipment will be through the utility room in an existing building. 8) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of structures, as discussed in subsection B The applicant conducted an analysis to select a location for a cell tower to serve Verizon. The applicant used a search radius of approximately 0.5 miles and identified 11 potential sites, including this proposed location. None of the other sites ultimately met Verizon s objectives, resulting in a CUP application for this proposed location, as discussed in the Background Section. Finding C5: Public notice was given and a public hearing held per the requirements of the Sparks Municipal Code and the Nevada Revised Statutes. Public notice was given. The City mailed 68 notices to property owners based on a noticing radius of 500 feet, which was necessary to reach the required minimum number of notices (30 minimum). Notice was published on June 21, 2018, in the Reno Gazette Journal. The Planning Commission meeting functions as the public hearing required by the Nevada Revised Statutes and Sparks Municipal Code. 8

9 Attachments: Exhibit 1 Vicinity Map Exhibit 2 Cellular Tower Location Exhibit 3 Plans Exhibit 4 Telecommunication Map Exhibit 5 Photo simulation - view from Vista Boulevard looking southwest at site Exhibit 6 Photo simulation - view from Vista Boulevard looking northeast at site Exhibit 7 Photo simulation - view from Armor Drive looking west at site Agency Comments Application 9

10 PCN /CU Baring Vista Cupola Cellular Tower CONDITIONS OF APPROVAL 1. APPROVAL: THE DEVELOPMENT IS APPROVED AS SUBMITTED AND CONDITIONED. ANY SUBSTANTIVE CHANGE SHALL BE REVIEWED BY THE PLANNING COMMISSION AS AN AMENDMENT TO THIS CONDITIONAL USE PERMIT. 2. EXPIRATION DATE: THE CONDITIONAL USE PERMIT APPROVAL SHALL EXPIRE WITHIN TWO (2) YEARS OF THE DATE OF APPROVAL BY THE PLANNING COMMISSION, UNLESS THE PERMITTED USE HAS BEEN ESTABLISHED OR CONSTRUCTION TO ACCOMMODATE THE APPROVED USE HAS BEGUN AND IS BEING DILIGENTLY PURSUED. 3. FEDERAL REQUIREMENTS: THE TOWER MUST MEET OR EXCEED CURRENT STANDARDS AND REGULATIONS OF THE FAA, THE FCC, AND ANY OTHER AGENCY OF THE STATE OR FEDERAL GOVERNMENT WITH THE AUTHORITY TO REGULATE TOWERS AND ANTENNAS. IF SUCH STANDARDS AND REGULATIONS ARE CHANGED, THEN THE OWNERS OF THE TOWERS AND ANTENNAS GOVERNED BY THIS CONDITIONAL USE PERMIT SHALL BRING SUCH TOWERS AND ANTENNAS INTO COMPLIANCE WITH SUCH REVISED STANDARDS AND REGULATIONS WITHIN SIX (6) MONTHS OF THE EFFECTIVE DATE OF SUCH STANDARDS AND REGULATIONS, UNLESS A DIFFERENT COMPLIANCE SCHEDULE IS MANDATED BY THE CONTROLLING STATE OR FEDERAL AGENCY. FAILURE TO BRING TOWERS AND ANTENNAS INTO COMPLIANCE WITH SUCH REVISED STANDARDS AND REGULATIONS SHALL CONSTITUTE GROUNDS FOR THE REMOVAL OF THE TOWER OR ANTENNA AT THE OWNER'S EXPENSE. EACH APPLICANT SHALL PROVIDE TO THE ADMINISTRATOR WITHIN SIXTY (60) DAYS AFTER THE CONSTRUCTION OF AN APPROPRIATE ANTENNA/TOWER WRITTEN DOCUMENTATION CONFIRMING THAT THE FCC HAS BEEN NOTIFIED OF THE LOCATION OF THE ANTENNAS/TOWERS FOR INCLUSION IN THE FCC ANTENNA REGISTRATION DATABASE. A CHANGE IN OWNERSHIP OR AFFILIATION OF THE TOWERS OR ANY CHANGES IN CO-LOCATION MUST BE ACCOMPANIED BY VERIFIED DOCUMENTATION THAT THE FCC AND ITS ANTENNA REGISTRATION DATABASE HAVE BEEN NOTIFIED OF THE CHANGE. FAILURE TO TIMELY PROVIDE THE ADMINISTRATOR WITH WRITTEN DOCUMENTATION CONCERNING FCC NOTIFICATION SHALL CONSTITUTE GROUNDS FOR REMOVAL OF THE TOWERS OR ANTENNAS AT OWNER S EXPENSE. 4. BACKHAUL NETWORKS: THE OWNERS AND/OR OPERATORS OF TOWERS OR ANTENNAS SHALL IDENTIFY ALL LOCAL BACKHAUL NETWORKS TO BE USED BY THE APPLICANT TO THE PLANNING ADMINISTRATOR THROUGHOUT THE USEFUL LIFE OF THE TOWER AND ANTENNA. 10

11 5. BUSINESS LICENSE: THE APPLICANT SHALL REMIT TO THE FINANCE DIRECTOR FOR THE CITY OF SPARKS ALL APPLICABLE CITY OF SPARKS BUSINESS LICENSING FEES OR FEES IN LIEU OF A BUSINESS LICENSE IN ACCORDANCE WITH SPARKS MUNICIPAL CODE SECTION THE FAILURE OR REFUSAL TO REMIT APPROPRIATE FEES TO THE FINANCE DIRECTOR SHALL CONSTITUTE GROUNDS FOR REMOVAL OF THE TOWER OR ANTENNAS AT THE APPLICANT S EXPENSE. 6. STRUCTURAL ENGINEERING REPORT: THE DEVELOPER SHALL SUBMIT A STRUCTURAL ENGINEERING REPORT THAT INCLUDES STRUCTURAL DESIGN CRITERIA THAT VERIFIES THE SUPPORT FOR THE TELECOMMUNICATION TOWER AND WILL INCLUDE STRUCTURAL SUPPORT FOR THE GROUND EQUIPMENT AREA FOR THE IMMEDIATE CARRIER TO THE APPROVAL OF THE ADMINISTRATOR AND BUILDING OFFICIAL PRIOR TO THE ISSUANCE OF THE BUILDING PERMIT FOR THE PROJECT. 7. ARCHTIECTURE: THE CUPOLA TELECOMMUNICATION TOWER DESIGN SHALL BE DESIGNED TO MATCH THE EXISTING COMMERCIAL BUILDING INCLUDING DESIGN DETAILS, MATERIALS, AND COLORS THAT MATCH THE EXISTING BUILDING TO THE APPROVAL OF THE ADMINISTRATOR PRIOR TO ISSUANCE OF ANY BUILDING PERMIT. 11

12 MYLES DR LN CHATTERLEY SHADOW LN MYLES DR VISTA BLVD MODENA DR MODENA CT SCARBOROUGH ST CATHAM CT SHADOW CT SHADOW LN S COTTAGE LN VISTA BLVD MODENA DR AMORE DR CATHAM LN CATHAM LN CATHAM LN CATHAM LN VISTA BLVD SCARBOROUGH ST WATERFIELD DR WATERFIELD DR SHADOW LN AMORE DR Subject Parcel BARING BLVD BARING BLVD BARING BLVD VISTA BLVD VISTA BLVD N D'ANDREA PKWY SAN MARINO DR N D'ANDREA PKWY SIGNA CT SIGNA DR PCN Vicinity Map EXHIBIT 1 N

13 MYLES DR ALPLAND LN EMERGENCY ACCESS RD S COTTAGE LN MYLES DR CATHAM LN CATHAM LN BARING BLVD VISTA BLVD VISTA BLVD VISTA BLVD VISTA BLVD VISTA BLVD N D'ANDREA PKWY MODENA DR MODENA DR A MORE DR MODENA CT Proposed Cupola Cellular Tower AMORE DR Existing 70' Cellular Tower N D'ANDREA PKWY N D'ANDREA PKWY UMBRIA SIGNA DR CT PCN Cellular Tower Location Exhibit 2 N

14 EPIC WIRELESS GROUP INC. 295 Parkshore Drive, Folsom, CA Manuel S. Tsihlas, Architect 1520 River Park Drive, Sacramento, CA EPIC WIRELESS GROUP INC.

16 Manuel S. Tsihlas, Architect 1520 River Park Drive, Sacramento, CA EPIC WIRELESS GROUP INC.

17 Manuel S. Tsihlas, Architect 1520 River Park Drive, Sacramento, CA EPIC WIRELESS GROUP INC.

18 Manuel S. Tsihlas, Architect 1520 River Park Drive, Sacramento, CA EPIC WIRELESS GROUP INC.

19 Manuel S. Tsihlas, Architect 1520 River Park Drive, Sacramento, CA EPIC WIRELESS GROUP INC.

20 Manuel S. Tsihlas, Architect 1520 River Park Drive, Sacramento, CA EPIC WIRELESS GROUP INC.

21 Manuel S. Tsihlas, Architect 1520 River Park Drive, Sacramento, CA EPIC WIRELESS GROUP INC.

22 Manuel S. Tsihlas, Architect 1520 River Park Drive, Sacramento, CA EPIC WIRELESS GROUP INC.

24 Exhibit 5

25 Exhibit 6

26 Exhibit 7