HomeMy WebLinkAboutZ-4009-B Staff AnalysisJune 26, 2003
ITEM NO.: 14
NAME:
LOCATION:
OWNER/APPLICANT:
FILE NO.: Z -4009-B
Alltel — Tower Use Permit
1515 Market Street
Alltel Cellular Associates/Tracy E. Gill
PROPOSAL: Alltel Cellular is requesting approval of a deferral of
the requirement to install a landscape strip around the
perimeter of this existing Wireless Communication
Facility. The property is zoned C-3.
� �T:fi6Y�ZiI►�ITuL���
No Comments.
LANDSCAPING/SCREENING:
Landscaping is not required by the Landscape and Tree Protection Ordinance.
Only WCF landscape and screening standards apply.
NOTIFICATION:
All owners of property located within 200 feet of the site, all residents within 300
feet who could be identified and the Walnut Valley and SWLR United for
Progress Neighborhood Associations were notified of this issue.
SUBDIVISION COMMITTEE COMME
(JUNE 5, 2003)
Tracy Gill was present representing the application. Staff presented the item
and explained the deferral request. Photographs of the site and surrounding
properties were shown. There were no other staff comments.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF REPORT:
The Alltel Cellular Associates Wireless Communication Facility (WCF) located at
1515 Market Street consists of a 75 foot tall monopole tower and a 12 foot by 28
foot equipment shelter within a 27 foot by 40 foot lease area. The lease area is
within a C-4 and C-3 Commercial zoned tract that contains a 6,000 square foot
commercial strip center and paved parking. The WCF lease area is enclosed by
an 8 foot tall wood, privacy fence. The WCF was constructed on the asphalt
June 26, 2003
ITEM NO.: 14 Cont. FILE NO.: Z -4009-B
paved parking lot, eliminating 4-5 parking spaces. Access to the WCF is through
the driveway and parking lot of the commercial use. The facility was approved
through a conditional use permit granted by the Planning Commission on
April 25, 1996; prior to the adoption of the City's WCF regulations.
Under the City's WCF Regulations, as adopted in January 1998 and
subsequently amended, the base of each WCF tower site is to be screened with
an 8 foot tall wood privacy fence and a 6 foot wide landscape strip containing
trees and shrubbery on each perimeter. Existing sites are to be brought into
compliance with the screening and landscaping provisions unless compliance is
deferred by the Planning Commission through the Tower Use Permit process.
Alltel Cellular is requesting a deferral of the requirement to install the landscape
strip on all 4 perimeters of the WCF site.
Staff is supportive of the Tower Use Permit and the requested landscape
deferral. The WCF is located on an asphalt parking lot and is surrounded by
commercial uses. The commercial building, also occupying the parent tract, is
located immediately to the south. A large, automobile sales lot is located on the
property adjacent to the north and east. The rear of the automobile sales
building is directly east of the WCF and an automobile storage area is adjacent
to the north. A commercial shopping center is located across Market Street, to
the west. The WCF lease area abuts the property line on the west and north and
there is no space to install landscaping. To install landscaping on the south and
east would require tearing out asphalt and impacting the parking and driveway
on the parent tract. There are no residential properties within the vicinity of this
site.
Staff supports a deferral of the landscaping until such time as a "major change in
circumstance" as defined in Section 36-593(c)(6) of the Code. Section 36-
593(c)(6) states a "major change in circumstance" means that:
(1) the area within 200 feet of the boundaries of the WCF tower site has
developed to the point that there is a virtually unobstructed view of the
tower site from any adjoining occupiable residential structure or from
public property or right-of-way, and
(2) the City has received a complaint from the owner of an occupiable
structure located within 200 feet of the tower site that the site has
insufficient landscaping or screening in place; and
(3) the City has requested that the parties resolve the issue by agreeing to
certain screening or landscaping requirements consistent with LRC §36-
593 which can be granted administratively by the Director of Planning and
2
June 26, 2003
ITEM NO.: 14 (Cont.) FILE NO.: Z -4009-B
Development, but no agreement has been reached, or sufficient
additional space around the site has been acquired to meet the
landscaping, setback and screening requirements of LRC §36-593.
STAFF RECOMMENDATION:
Staff recommends approval of the Tower Use Permit.
Staff recommends approval of a deferral of the landscape requirements on all
4 perimeters of the WCF lease site until such time as a "major change in
circumstance" as defined in Section 36-593(c)(6) of the Code.
PLANNING COMMISSION ACTION: (JUNE 26, 2003)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval of the T.U.P. and the landscape
deferral as noted in the "Staff Recommendation" above.
There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 8 ayes, 0 noes, 2 absent and 1 recusing (Stebbins).
3