To: Honorable Mayor and Members of Town Council
Through: Bill Detweiler, Director, Development Services
From: Donna Ferguson, Senior Planner, Development Services
Title
Resolution - Application by T-Mobile West, LLC and Eco-Site, LLC for a Use by Special Review/Site Development Plan for a Personal Wireless Service Facility (Intersection of Crystal Valley Parkway and Mighty Oaks Street)
Body
______________________________________________________________________
PUBLIC HEARING
Resolution - Application by T-Mobile West, LLC and Eco-Site, LLC for a Use by Special Review/Site Development Plan for a Personal Wireless Service Facility
(Intersection of Crystal Valley Parkway and Mighty Oaks Street)
The Town Council will now consider an application for a Use by Special Review/Site Development Plan for a personal wireless service facility.
In order to afford all parties due process under law, the Town Council members must be fair and impartial in deciding whether this application should be approved, approved with conditions, or denied. In making that determination, each Councilmember must consider the record, which includes the planning commission recommendation, the staff recommendation, the applicant presentation, public comment presented during the hearing, and other written public comments offered before or during the hearing. Under law, Town Council must evaluate this proposal based solely upon the record and the criteria established under the Municipal Code, which are highlighted in the staff report.
It is important that each Councilmember remain objective and capable of considering information offered into the record during this hearing.
Does any Councilmember believe that he or she is incapable of evaluating and voting on the application consistent with these due process requirements? If so, please describe the situation and recuse yourself from further participation on this agenda item.
Does any Councilmember have a conflict of interest or any other matter he or she would like to disclose prior to proceeding on this item?
The Council will hear from the applicant, the public and staff. Time for this public hearing is allotted as follows:
Staff Report: as needed
Applicant Presentation: as needed
Public Comment: as needed
Applicant Response as needed
Council Questions: as needed
Follow-up Questions: as needed
Madame Clerk, has this public hearing been properly noticed under the applicable regulations for this type of land use hearing? (Clerk to refer to certification from Development Services, describing the notice).
Mr. Detweiler, the staff introduction please
(Public hearing is conducted, applicant presentation, public comment, applicant response, questions from Council)
Do any Council members have any final questions of staff or the applicant before I close the public hearing and refer this to the Council for action?
I now close the public hearing and refer this to Council for discussion and action.
AGENDA MEMORANDUM
To: Honorable Mayor and Members of Town Council
Through: Bill Detweiler, Director, Development Services
From: Donna Ferguson, Senior Planner, Development Services
Title: Resolution - Application by T-Mobile West, LLC and Eco-Site, LLC for a Use by Special Review/Site Development Plan for a Personal Wireless Service Facility (Intersection of Crystal Valley Parkway and Mighty Oaks Street)
Executive Summary
Eco-Site in conjunction with T-Mobile (the applicants) are requesting approval of a Wireless Use by Special Review-Site Development Plan (UBSR-SDP) application in order to construct a stealth cell tower (cell tower) on a parcel of land within Quarry Mesa Open Space (Figure1). The parcel is generally located north of the intersection of Crystal Valley Parkway and Mighty Oaks Street and next to an existing Town water tank within the Crystal Valley Ranch neighborhood. The applicants state that the cell tower is needed in order to address gaps in current service coverage. Applications for new cell towers are a Wireless Use by Special Review-Site Development Plan. As such, Town Council shall review and make a decision upon the application after review and a recommendation by Planning Commission
On March 22, 2018, following detailed discussion, Planning Commission found that the Wireless Use by Special Review-Site Development Plan at Quarry Mesa Open Space application did not meet the foundational criteria outlined in Sections 17.60.030 Industry Site Selection and 17.60.060 Use of Town Property of the Town Municipal Code and unanimously voted 6-0 to recommend denial of the application.
Commissioner discussion primarily focused on the unique character of the site, including Quarry Mesa’s historical nature, distinctive topography and the potential negative impacts to the natural resources and uses of the open space.
In addition to presentations by Town Staff and the applicant, Planning Commission heard public comment from eight residents who raised the following issues:
1. Incompatibility with open space - Note:
2. Protection of ridgeline.
3. Impact of high frequency RF emissions on wildlife.
4. Third party review - Note: Pursuant to the Town’s wireless code, Section 17.60.140 - Third party review, Planning Commission or Town Council can require a third party technical review of the technical data submitted by the applicant. It is intended to be a site-specific review to determine whether the analysis techniques and methodologies are legitimate. The selection of a third party expert shall be by mutual agreement and be paid for by the applicant. Planning Commission did not make a request for a third party review. In addition, Town Staff does not recommend a third party review as the technical data is not in question.
5. Co-location with Verizon.
6. Impact on property values.
7. Rezoning of Quarry Mesa Open Space to prevent future cell tower applications.
8. Impact of the cell tower on open space use due to a perception of harm.
Budget Impact
If approved Eco-Site will be required to enter into a lease agreement with the Town that will produce yearly revenue for the Town.
Staff Recommendation
Planning Commission and Staff recommend denial of the Use by Special Review-Site Development Plan for a Personal Wireless Service Facility at Quarry Mesa Open Space as presented based upon the criteria listed above and the proposed resolution for denial.
Proposed Motion
1. MOTION TO DENY: I move to approve a resolution denying an application by T-Mobile West, LLC and Eco-Site, LLC for a Use by Special Review-Site Development Plan for a personal wireless service facility
(Attachment D)
2. MOTION TO APPROVE: I move to approve a resolution approving an application by T-Mobile West, LLC and Eco-Site, LLC for a Use by Special Review-Site Development Plan for a personal wireless service facility (Attachment E)
Attachments
Attachment A: Parks and Recreation Department Memo
Attachment B: Neighborhood Comments
Attachment C: Use by Special Review-SDP
Attachment D: Resolution - Denial
Attachment E: Resolution - Approval