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HomeMy WebLinkAboutHE Determination SP 2022-020 ProLand LLC Wireless Facility CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND CONDITIONS SP 2022-020 ) OF APPROVAL ProLand,LLC ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on December 14, 2022, the Hearing Examiner having taken evidence hereby submits the following Findings of Fact,Conclusions of Law, and Decision and Conditions of Approval as follows: I. FINDINGS OF FACT 1. PROPERTY DESCRIPTION: 1.1 Lei;al: A portion of the northeast quarter of Section 24,Township 9 North,Range 29, East,WM.containing approximately 2,106 square feet all within Parcel 119170013. 1.2 General Location: Columbia Basin College at the southwest corner of the campus— 2600 North 20th Avenue. 1.3 Property Size: The parcel is approximately 133.8 acres.The lease area contains approximately 2,106 square feet. 1.4 Request: Special Permit: Collocate Cellular Communications Equipment on an existing wireless support structure along with a 20'tower extension at Columbia Basin College(R-1 Zone). 2. ACCESS: The site is accessed from West Argent Road and North 20th Ave. 3. UTILITIES: Electricity,water, and telephone are currently available to the site. 4. LAND USE AND ZONING: The parcel is currently zoned R-1 (Low-Density Residential) and contains Columbia Basin College as a result of a previous special permit. There is an existing cell tower structure and auxiliary equipment on the site. Surrounding properties are zoned and developed as follows: North I-1 Vacant;Tri-Cities Airport East C-1 Hotels; Offices;Vacant South R-2/R-4 I-182 Freeway; Multi-Family West RS-1/I-1 Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Public/Quasi- Public uses. Policies UT-2-A and B require the City to"coordinate private utility providers' plans for energy and communication utilities with city land use plans and development permit applications"and"locate and design utility substations consistent with adopted codes and standards to be compatible with the aesthetic standards of affected neighborhoods." SP 2022-20 ProLand,LLC Page 1 of 7 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist,the adopted City Comprehensive Plan, City development regulations,and other information,a threshold determination resulting in a Determination of Non-Significance Adoption of Existing Document(DNS-AED)was issued on 9 December 2022 (SEPA 2022-114)based on a DNS issued on 26 August 2017 (SEPA 2017-034),under WAC 197-11-158. 7. PROPOSAL: The Applicant,ProLand,LLC,on behalf of Verizon Cellular,wish to collocate cellular communications equipment on an existing wireless support structure along with a 20' tower extension,and locate associated ground equipment in a storage yard. 8. PROPERTY DESCRIPTION: The site is located at the southwest corner of the Columbia Basin College campus, addressed 2600 North 20th Avenue. The existing cell tower is located adjacent the I-182 Freeway and 300 feet south of another existing tower. The campus is approximately 133.8 acres;the lease area contains approximately 2,106 square feet. 9. The PMC special permit review criteria for wireless facilities are written as follows: 25.165.080 Wireless communication facilities - Wireless communication facilities are permitted under the following conditions: 9.1 Such structures shall be permitted in all industrial or C-3 zoning districts, provided the location is 500 feet or more from a residential district. Any location closer than 500 feet requires special permit approval. 9.2 Such structures may be permitted by special permit in all other zoning districts, provided said structures are: 9.2.1 Attached to or located on an existing or proposed building or structure that is higher than 35 feet; or 9.2.2 Located on or with a publicly owned facility such as a water reservoir, fire station,police station,school,county or port facility. 9.3 All wireless communication facilities shall comply with the following standards: 9.3.1 Wireless facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, strategic location, color, stealth technologies, and/or other measures to achieve minimum visibility of the facility when viewed from public rights-of-way and adjoining properties, such that a casual observer cannot identify the wireless communication facility. 9.3.2 Wireless facilities shall be located in the City in the following order of preference: 9.3.2.1 Attached to or located on buildings or structures higher than 35 feet; 9.3.2.2 Located on or with a publicly owned facility; SP 2022-20 ProLand, LLC Page 2 of 7 9.3.2.3 Located on a site other than those listed in subsections (3)(a) or (3)(b)of this section. 9.3.3 If an applicant chooses to construct a new freestanding wireless communication facility,the burden of proof shall be on the applicant to show that a wireless communication facility located on a higher order of preference site cannot reasonably be accommodated. The City reserves the right to retain a qualified consultant, at the applicant's expense, to review the supporting documentation for accuracy. 9.4 All applications for building permits must be accompanied by verification of approval by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA) and any other state or federal requirements for tower design and location. Additionally, all tower construction plans must be designed and stamped by a licensed professional engineer. 9.5 All wireless communication facilities shall be removed by the facility owner within six months of the date the facility ceases to be operational or if the facility falls into disrepair. [Ord.3734 § 2,2005; Code 1970 § 25.70.075.]). 10. The equipment cabinets are located within a fenced area surrounding the base of the pole. There are no buildings located in the vicinity that are of appropriate height. Also, Columbia Basin College has indicated that it will no longer accept the leasing of space to wireless carriers on campus buildings due to the potential for roof damage. The monopole is currently 80 feet tall and strong enough to support other wireless carriers. A 20-foot extension is proposed as par to the application. 11. As per Applicant, "[t]here are two main drivers that prompt the need for a new cell site. One is coverage and the other is capacity. 11.1 "Coverage is the need to expand wireless service into an area that either has no service or bad service. The request for service often comes from customers or emergency personnel. Expansion of service could mean improving the signal levels in a large apartment complex or new residential community. It could also mean providing new service along a newly built highway." 11.2 "Capacity is the need for more wireless resources. Cell sites have a limited amount of resources to handle voice calls, data connections, and data volume. When these limits are reached, user experience quickly degrades. This could mean customers may no longer be able to make/receive calls nor be able to browse the internet. It could also mean that webpages will be very slow to download." 11.3 "Capacity is the amount of resources a cell site has to handle customer demand. We utilize sophisticated programs that use current usage trends to forecast future capacity needs. Since it takes an average of(1-3) years to complete a cell site project, we have to start the acquisition process several years in advance to ensure the new cell site is in place before the existing cell site hits capacity limits." 11.4 "A good capacity cell site needs to be in the center of the user population which ensures even traffic distribution around the cell. A typical cell site is configured in a SP 2022-20 ProLand,LLC Page 3 of 7 pie shape, with each slice (aka. sector) holding 33% of the resources. Optimal performance is achieved when traffic is evenly distributed across the 3 sectors." 11.5 "The existing sites Trac, Pasco, and Bulldog cannot carry the data traffic that exists in the area it serves. Exact data about sites is proprietary and cannot be disclosed due to competitive reasons. The new cell site Sahara will provide additional resources to existing sites. This site once build will offload some users of existing sites, hence alleviate the capacity constraint. This site will improve customer experience (faster webpage downloads and fewer drop calls). Without the new site Sahara, existing sites in area will reach capacity which will negatively impact customer's ability to make/receive calls and browse the internet." 12. Typical neighborhood concerns expressed over proposed cell towers in the past have included fear of electromagnetic radio waves and the unsightliness of tall towers within the neighborhood. Because the tower will be located within public property the provisions for tower height do not apply to this application. 13. Furthermore, under Federal regulations cities are barred from considering electromagnetic radio waves for equipment meeting FCC specifications in the permitting process for cell towers. An application for a cell tower cannot be denied based on concern over electromagnetic waves. 14. The height of the elevated freeway interchange helps reduce the overall visual height of the tower. 15. The tower location and height has been reviewed by the FAA and determined to not create obstructions for airport operations. 16. A copy of the tower site plan and tower was provided to the Airport Manager. 17. Electricity,water, and telephone are currently available to the site. 18. Cellular facilities may be permitted in the R-1 zone by special permit provided the tower is either: 18.1 Attached to or located on an existing or proposed building or structure that is higher than thirty-five(35)feet; or 18.2 Located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county, or port facility. 19. The equipment cabinets are located within a fenced area surrounding the base of a pole. 20. The monopole is tall and strong enough to support multiple wireless carriers. 21. Federal regulations bar the City from considering electromagnetic radio waves in the permitting process for cell towers or denying permits based upon concerns over electromagnetic radio waves. 22. Cellular equipment creates minimal demands on City infrastructure. 23. Public notice of this hearing was sent to property owners within 300 feet of the property and the Tri-City Herald on November 28,2022. SP 2022-20 ProLand, LLC Page 4 of 7 24. An open record public hearing after due legal notice was held December 14, 2022, with the staff and the public appearing in person, and the Hearing Examiner appearing via Zoom videoconference. 25. Appearing and testifying for the Applicant was Derrick Budig. Mr. Budig stated he was the agent for the Applicant and property owner and was authorized to testify on their behalf. He stated he was in agreement with the representations set forth in the staff report and with the proposed Conditions of Approval. 26. At the hearing, Mr. Budig questioned whether or not the tower needed to be repainted. Staff indicated its opinion that the tower did not need to be repainted at this time. 27. No members of the public testified at the hearing. 28. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 29. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. H. CONCLUSIONS OF LAW 1. Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? 1.1 The Comprehensive Plan indicates the site is primarily intended for Public/Quasi- Public uses. Elements of the Plan encourage the promotion of orderly development. Policies UT-2-A and B require the City to"coordinate private utility providers' plans for energy and communication utilities with city land use plans and development permit applications"and"locate and design utility substations consistent with adopted codes and standards to be compatible with the aesthetic standards of affected neighborhoods." 2. Will the proposed use adversely affect public infrastructure? 2.1 The proposed use is a part of the communication network utilized by the general public. The proposed equipment will be located in such a manner so as not to impact other public utilities or services. The proposed use does not require water and sewer. Only one service trip is expected to be generated each month. 3. Will the proposed use be constructed,maintained and operated to be in harmony with existing or intended character of the general vicinity? 3.1 The existing tower will be 20 feet taller, and located in a storage yard on the Columbia Basin campus, far from the residential uses across I-182 to the south. As the storage yard is fairly isolated from areas where students and visitors will gather, the tower neither interrupt students' daily activities nor obstruct any views. 4. Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? 4.1 The area is almost fully developed with permitted uses. The tower is located in a storage yard on campus property nearby another tower. A chain link fence surrounds both the tower and the accompanying equipment. The tower and equipment will likely not be noticeable from any surrounding properties. Additionally, the tower SP 2022-20 ProLand, LLC Page 5 of 7 location and height has been reviewed by the FAA and determined to not create obstructions for airport operations. 5. Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust,traffic, or flashing lights than would be the operation of any permitted uses within the district? 5.1 The proposed cellular equipment will create no fumes, dust, or noise during normal operations. Cellular facilities have been located throughout the community in residential, commercial and industrial zones without generating any complaints received by the City. 6. Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? 6.1 The proposal is required to be designed by a professional engineer to withstand the forces of nature. The applicant is also required by law to coordinate with the FAA and FCC prior to obtaining a building permit. It is assumed that radio waves at frequencies utilized by local cellular networks have not been proven to be harmful to human health. Regardless, Federal law prohibits the City from considering the impacts of radio wave frequencies when reviewing permits for cellular equipment meeting FCC standards. 7. As conditioned, this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal Code. 8. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. III. DECISION Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner APPROVES Application SP 2022-20 subject to the following Conditions of Approval. IV. CONDITIONS OF APPROVAL All conditions imposed by this decision shall be binding on the applicant,which includes the owner or owners of the properties, heirs, assigns, and successors 1. The special permit shall apply to Parcel 119170013. 2. The property shall be developed in substantial conformity with the elevations and site plan submitted with the application except as conditioned herein. 3. The proposed cellular facility must comply with all FCC and FAA regulations. The tower shall be painted a neutral color to blend in with the horizon. The special permit shall be null and void if a City of Pasco building permit is not obtained by December 30,2024 4. The wireless tower and all accessories must be removed within 90 days of discontinuation. SP 2022-20 ProLand,LLC Page 6 of 7 Dated this 16th day of December, 2022. CITY Cy P SCO HEARING EXAMINER /eW Kottkamp Absent a timely appeal,this Decision is finale ' See Ch.36.70C RCW(establishing a 21 day appeal period to superior court,and setting forth necessary review contents,along with filing and service requirements). SP 2022-20 ProLand,LLC Page 7 of 7