HomeMy WebLinkAboutZ-6047-E Staff AnalysisJune 26, 2003
ITEM NO.: 16
NAME:
LOCATION:
OWNER/APPLICANT:
FILE NO.: Z -6047-E
Alltel — Tower Use Permit
5600 West 35th Street
Alltel Cellular Associates/Tracy E. Gill
PROPOSAL: Alltel Cellular is requesting approval of a deferral of
the requirement to install a screening fence and
landscape strip around the perimeter of this existing
wireless communication facility. The property is
zoned 1-2.
PUBLIC WORKS COMMENTS:
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 South of Asher and SWLR United for
Progress Neighborhood Associations were notified of this issue.
BDIVISION COMMITTEE COMMENT: (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
5600 West 35th Street consists of a 130 foot tall monopole tower and a 12 foot
by 28 foot equipment shelter within a 70 foot by 70 foot lease area. The lease
area is within a 2t acre, 1-2 Industrial zoned site. The WCF lease area is
enclosed by a 6 foot tall chain-link fence. The 1-2 zoned parent tract is itself
June 26, 2003
ITEM NO.: 16 (Cont.
FILE NO.: Z -6047-E
enclosed by a 6 foot tall chain-link fence and contains a vacant industrial building
and vestiges of an asphalt paved parking lot. A second WCF containing a 150
foot tower and 2 equipment facilities is also located on the parent tract. This
Alltel facility was originally constructed with a 75 foot tall tower and an equipment
shelter in early 1995; prior to the adoption of the City's WCF regulations. On
September 25, 1995, again prior to the current WCF regulations, the Board of
Adjustment approved increasing the height of the tower from 75 feet to 130 feet.
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 screening and landscaping
requirements on all 4 perimeters of the WCF site.
Staff is supportive of the Tower Use Permit and the requested screening and
landscaping deferral. The WCF is located at the rear of a vacant industrial site.
Areas of undeveloped, heavily vegetated floodway are adjacent to the west and
south of the parent tract. The industrial properties to the north contain the
previously mentioned vacant building and an auto repair garage. The rear of a
private school gymnasium building is located to the east. A line of shrubbery and
trees provides screening along the east perimeter of the parent tract. On
December 4, 2001, the Board of Directors approved a waiver of the landscaping
and screening requirements for the second WCF located on this property. There
is no occupied residential property within 400± feet of this WCF site.
Staff supports a deferral of the landscaping and screening 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
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June 26, 2003
ITEM NO.: 16 (Cont.) FILE NO.: Z -6047-E
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 and screening
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 T.U.P. and of the landscape and
screening 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 7 ayes, 1 noe, 2 absent and 1 recusing (Stebbins).
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