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."
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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;
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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
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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.
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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
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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.
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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).
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