Loading...
HomeMy WebLinkAboutHE Determination SP 2020-006 Fire Station #84 Radio Tower CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION Special Permit, SP 2020-006 Fire Station#84 Wireless Communications Tower June 22, 2020 1. FINDINGS OF FACT 1.1 Proposal. Special Permit request for a wireless communications tower on the 4.78 acre site recently permitted for the City of Pasco Fire Station #84. The proposed tower includes two antennae and increases emergency radio coverage in the vicinity. 1.2 Location. South side of West Court Street between Roads 49 and 50. Assessor Parcel No. 119-541-023. 1.3 Applicant. TCA Architecture, 6211 Roosevelt Way NE, Seattle, WA 98115, representing Applicant City of Pasco, Fire Department. 1.4 Site and Surrounding Zoning/Uses. The vacant site is zoned R-S-1 (Suburban).1 Surrounding zoning and uses are: • North: Office (nursery and single family homes) • East: R-S-20 (church, vacant land, single family homes) • South: R-S-20 (single family homes) • West: R-S-20 (farm, single family homes) 1.5 Record. The Examiner admitted the Community and Economic Development Department's ("Department") Staff Report, which attached site plans, maps of the site and surrounding area (overview, vicinity, land use, and zoning), and area photographs. Except as revised, the Staff Report is incorporated into these findings. 1.6 SEPA. The City issued a Mitigated Determination of Non-Significance requiring that the tower be painted a neutral color to achieve minimum visibility.2 No comments or appeals were received. 1.7 Hearing. A properly noticed open record public hearing was held on June 10, 2020.3 Due to COVID-19 restrictions, the hearing was conducted remotely, with the Examiner, Department, and Applicant calling in. Access information was available to the public to allow citizens to join via either a video link or telephone call-in. There were no reported technical difficulties during the call or afterwards. However, in case any citizens who wished to comment had difficulty calling in, the record was kept open for five days, through June 15. No additional ' The zoning was formerly Office along West Court Street and R-S-20 on the parcel's south half. 2 Staff Report,pp. 1-2. 3 Staff Report,p. 3;PMC 25.200.070 and 25.210.040. No notice concerns were raised. City of Pasco Hearing Examiner Page 1 of 5 Decision, Special Permit SP 2020-006 written comments were received. The Department summarized the project, and the Applicant, through City of Pasco Fire Chief Gear, further described the need for the tower. The original fire station was not designed for the radio tower. The station is at the lowest elevation in Pasco which has resulted in emergency communications issues. The station cannot even communicate with adjoining homes. The tower resolves the issue by providing for and improving communication with the surrounding neighborhood. Chief Gear confirmed he had no concerns with the Department's proposed conditions. No person from the public indicated a wish to testify. 1.8 Public Comment. No written public comment was received. 1.9 Access. West Court Street and an undeveloped Marie Street right-of-way. 1.10 Utilities. City water and sewer are available. 1.11 Location and Screening. The proposed location would be screened by multiple buildings and fences to reduce the visibility of the tower from Court Street. There is a 6' high sight-obscuring fence along the property line to the south and west. There will be a 9' high equipment fence to the tower's north. 1.12 Design. The 40' tall tower will be constructed of steel with a galvanized coating to prevent rusting and reduce maintenance. The galvanized coating is a light silver color to reduce visibility in conformance with the MDNS. 1.13 Noise, Fumes, Vibration, Dust, Traffic, and Flashing Lights. The tower will not generate these impacts. 1.14 Wireless Communication Tower Need. The proposed tower will increase radio coverage in the vicinity and help address deficiencies. 1.15 Conditions. The Applicant accepted the Department's proposed conditions, which should be imposed to ensure project development consistent with the code and findings. The Examiner added a reference to PCC 25.165.080 requirements. 2. CONCLUSIONS 2.1 In the R-S-1 zone, wireless communication towers may be permitted by a Special Permit when located with a publicly owned facility such as a fire station.4 The Hearing Examiner may only grant the permit provided the structure is: (a) Attached to or located on an existing or proposed building or structure that is higher than 35 feet; or (b) Located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or port facility.5 4 PMC 25.165.080(2). s PMC 25.165.080(2). City of Pasco Hearing Examiner Page 2 of 5 Decision, Special Permit SP 2020-006 The tower will be located with a fire station, so may be authorized via special permit. 2.2 All wireless communication facilities shall comply with these standards: (a) 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. (b) Wireless facilities shall be located in the City in the following order of preference: (i) Attached to or located on buildings or structures higher than 35 feet; (ii) Located on or with a publicly owned facility; (iii) Located on a site other than those listed in subsections (3)(a) or(3)(b).6 The facility meets the second order of preference (located on or with a publicly owned facility) but does not meet the first (attached to or located on buildings or structures higher than 35 feet). There will be no 35 foot tall building on site. Due to cost and infrastructure efficiency concerns, following the second order of preference warrants siting at the station site. 2.3 The Hearing Examiner may only grant a special permit if the proposal adequately addresses whether or not: (1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; (2) The proposal will adversely affect public infrastructure; (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; (4) The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof; (5) The operations in connection with the proposal will 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; and (6) The proposal will 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.7 6 PMC 25.165.080(3). City of Pasco Hearing Examiner Page 3 of 5 Decision, Special Permit SP 2020-006 The Comprehensive Plan provides for siting necessary facilities in appropriate locations. The site is within a developed and growing portion of the community on a major arterial. The proposed tower will generate no demand for water or sewer, and will not generate traffic. The utility demands of a wireless communication tower are lower than many of the infrastructure demands generated by uses permitted in the R-S-1 zone. As a special use, the tower may be subject to additional site and elevation design regulations to promote an aesthetically pleasing environment that will complement the appearance of the residential and commercial development in the area. At 40 feet, the proposed tower exceeds the allowable height of structures in the R-S-1 zone, but the code allows for deviation through the special permit process.$ The structure is tailored in size to meet radio coverage needs and will be screened by buildings and fences to reduce visibility from Court Street and is not expected to discourage future residential and commercial development. The proposed tower will not generate noise, fumes, vibrations, dust, traffic, or flashing lights, or otherwise cause harm to public health and safety or constitute a nuisance. To the contrary, by addressing emergency radio coverage deficiencies, the tower will protect the public health and safety. DECISION The Hearing Examiner, pursuant to the above Findings of Fact and Conclusions of Law, approves the requested Special Permit, provided the Applicant/Property Owner complies with these conditions: 1. The Special Permit shall apply to tax parcel #119-541-023 and any subsequent subdivisions thereof. 2. The site shall be developed in substantial conformity to the site plan and building plans submitted. 3. The proposed wireless communications tower facility must comply with all FCC and FAA regulations. 4. As per the MDNS the wireless communication tower must be painted a neutral color to achieve minimum visibility of the facility. 5. The tower and all its associated ground equipment and appurtenances must be removed within 90 days of discontinuation. 6. The Special Permit shall be null and void if all necessary building permits have not been obtained within one year of special permit approval. 7. The tower shall comply with all City codes, including PCC 25.165.080 requirements. PMC 25.200.080. 8 PMC 25.40.050(5). City of Pasco Hearing Examiner Page 4 of 5 Decision, Special Permit SP 2020-006 Absent a timely appeal, this Decision is final.9 DECISION entered June 22, 2020. City of Pasco Hearing Examiner Susan Elizabeth Drummond 9 See Ch.36.70C RCW(establishing 21 day appeal period to superior court). City of Pasco Hearing Examiner Page 5 of 5 Decision, Special Permit SP 2020-006