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Plan Review Detail
Review Status: Approved
Review Details: ENTITLEMENT REVIEW v.1
Plan Number - TP-ENT-0123-00011
Review Name: ENTITLEMENT REVIEW v.1
Review Status: Approved
| Review Date | Reviewer's Name | Type of Review | Description | Status | Comments |
|---|---|---|---|---|---|
| Real Estate | NOT REQUIRED | ||||
| Streetcar Track Access Review | NOT REQUIRED | Outside of Streetcar boundries | |||
| Sun Tran Review | NOT REQUIRED | Please contact Sun Tran if work with impact access to any bus stops | |||
| Entitlement Review Coordinator | REVIEW COMPLETED | ||||
| Entitlements | REVIEW COMPLETED | Issue – This is a request by John Katsiris of Pinnacle Consulting, Inc. on behalf of Sun State Towers, for approval of a wireless communication facility (WCF). The special exception site is located at 2035 W Grant Rd, approximately 200 feet south of Grant Road centerline, and 825 feet east of Silverbell Rd. (see Case Location Map). The preliminary development plan (PDP) proposes a wireless communication tower with three sectors of antennas and with four antennas per sector, for a total of 12 antenna panels, and with options for future colocation on one elevation level below the top array, constructed as a monopole with an overall height of 50 feet. The facility will be placed within an approximately 600-square foot (30 feet by 20 feet) lease area located south of Grant Rd and east of Silverbell Rd, behind a one-story medical office building at 2001 W Grant Rd. The proposed ground equipment, including the monopole will be located within an area screened by a minimum 8-foot tall CMU wall painted/textured to match adjacent building. Service access is by way of existing driveway through parking lot off Grant Rd. A communications use of this type in the C-1 zone is subject to Sections 4.9.13.O and 4.9.4.I.2, .3, and .6 of the Unified Development Code (UDC) and requires approval through a Zoning Examiner Special Exception Procedure, in accordance with UDC Sec. 3.4.3, for a new tower more than twice its height from any property zoned residential or office, 50 feet or less in height. Documentation provided by the applicant indicates that no practical alternative exists, and the tower will be painted to minimize visual impacts. The Zoning Examiner Special Exception Procedure requires a public hearing before the Zoning Examiner after which the Zoning Examiner renders a decision to grant the use with or without conditions, or to deny the use. Planning & Development Services Department Recommendation – The Planning & Development Services Department recommends approval of the special exception request, subject to the attached preliminary conditions. Background Information Existing Land Use: Parking lot. Zoning Description: C-1 (Commercial Zone): This zone provides for low-intensity, commercial and other uses that are compatible with adjacent residential uses. Residential and select other agriculture, civic, recreational, and utility uses may also be permitted that provide reasonable compatibility with adjoining residential uses. Surrounding Zones and Land Uses: North: Zoned I-1; Dentist’s office South: Zoned C-1; Vacant parcel East: Zoned I-1; Office complex West: Zoned C-1; Automotive service center Previous Cases on the Property: Related Cases: Applicant’s Request – The applicant requests special exception approval for the placement of a 50-foot high cellular communications monopole painted to minimize visual impacts with associated ground equipment. Planning Considerations Land use policy direction for this area is provided by the Santa Cruz Area Plan and Plan Tucson. No specific policy direction is provided for WCF’s in the Santa Cruz Area Plan. Plan Tucson identifies this area in the Future Growth Scenario Map as "Business Centers" and supports new services and amenities that serve to drive Tucson’s economy. Policy LT28.1.2 requires that, if possible, wireless communication facilities be located, installed and maintained to minimize visual impacts and preserve views. The proposed wireless communication facility will help improve telecom services in the area. The special exception site is currently parking area in the C-1 commercial zone. The site is located 200 feet south of Grant Road centerline, and 825 feet East of Silverbell Rd’s centerline. The nearest residentially developed properties are single-family homes in R-1 zoning located approximately 200 feet southwest of the site. The Pima Association of Governments - Transportation Planning Division (PAG-TPD) estimates that the proposed development will not generate additional measurable vehicle trips per day. There are no billboards on the special exception site. Design Considerations Land Use Compatibility – The proposed monopole will be designed to accommodate antennas for additional wireless carriers. The tower will initially include four antennas per sector at the top of the monopole with opportunities for future installation of additional antennas at one elevation level below initial installation on the monopole. Future colocations will be required to go through a special exception review process. The applicant states that the monopole will be of galvanized steel with all antennas, mounts, and associated visible equipment painted to match pole color to minimize visual impacts. The applicant has submitted photo-simulations of the monopole, which will be set back from Grant Rd approximately 200 feet. The proposal is for a monopole rather than a stealth tree design, because there are no existing tall trees nearby to provide context, and because it will facilitate collocation possibilities for other future wireless carriers. Coverage maps showing a gap in wireless coverage were also submitted with the special exception application materials. Staff acknowledges that the proposed WCF will help improve telecom services to the area. The nearest residential use is 200 feet away, or about 4 times the height of the proposed monopole. The monopole and ground equipment will be placed within a 600 square foot lease area in the north corner of a .16-acre parcel used as vehicle parking area. Ground equipment will be housed inside cabinets within an area secured by an 8-foot CMU wall. Road Improvements/Vehicular Access/Circulation – No road improvements are proposed with this project. Vehicular access to the wireless communications facility is by way of existing driveway for parking area from Grant Rd. Federal Regulations – Because this Special Exception application involves a request for a wireless communication facility, the Zoning Examiner’s consideration of the application is impacted by the application of federal laws specific to wireless communications. While federal law does not entirely preempt local decision-making authority based on legitimate zoning requirements, such as community aesthetics and compliance with stealthing requirements, it does impose the following limitations: 1) The decision on the application must occur within the “shot clock” period as provided under federal law, which for this type of application is 150 days. In this case, the application was accepted on December 15, 2022 and the “shot clock” period will expire on May 13, 2023. If a decision is not rendered within the “shot clock” period, the review and consideration process is presumed to be unreasonable and affords the applicant the opportunity to file a lawsuit. If sued, the City would need to prove that it acted “reasonably” when it failed to act within the established “shot clock” period. 2) The evaluation of the request cannot include consideration of potential environmental or health effects of radio-frequency (RF) emissions where, as here, the facility will comply with FCC regulations and standard on such emissions. 3) The decision on the application cannot unreasonably discriminate among providers of functionally equivalent services. A denial may be deemed to be “unreasonable discrimination” if the facility is designed and situated similarly to other previously approved facilities and is no more intrusive than those previously facilities. 4) The decision may not have the effect of prohibiting the provision of wireless services, or of causing a significant gap in the applying provider’s coverage. In this context, the relevant issues are: (1) whether the applicant has shown a significant gap in service coverage; and (2) whether the proposal to fill this gap is the least intrusive means of doing so, or whether there are alternative sites that would fill the gap. 5) In the event of a denial, that decision and its reasons must be delivered to the applicant in writing, and must be supported by substantial evidence. Given these constraints, the Zoning Examiner’s recommendation on this application should focus on whether the applicant has demonstrated a significant coverage gap; whether that gap could be addressed through an installation at an alternative site; and whether the proposed concealment/stealthing measures are sufficient to meet the City’s requirements. The Zoning Examiner should also consider how this application compares to other prior applications for similar facilities. In the event of a recommendation for denial, the reasons must be stated so they can be incorporated into a written decision and captured in the meeting minutes. Use-Specific Standards – The applicant’s proposal requires approval as a Zoning Examiner Special Exception and must meet the Use-Specific Standards of UDC Sections 4.9.13.O and 4.9.4.I.2, .3, and .6. The Zoning Examiner shall render a decision to grant the use with or without conditions, or to deny the use. Below is the analysis of the performance criteria. 4.9.4.I.6 The following requires approval as a special exception in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure. The Zoning Examiner may forward the request to the Design Review Board (DRB) for design review and recommendation. a. Wireless communication antennas, provided: (1) The antennas are mounted on a new tower and the tower and antennas are concealed or disguised, or the antennas are collocated on an existing structure; The tower shall be painted to minimize visual impacts. (2) The tower and antennas are architecturally and/or environmentally compatible with the surrounding structure (s) and general area; The proposed 50’ Monopole is compatible with the surrounding commercial and industrial uses. (3) A new tower is set back at least two times the height of the structure from the boundary of any property zoned residential or office; and, The proposed 50 foot Monopole is more than twice the height of the tower away from the nearest property zoned Residential or office. (4) The tower and antennas are 50 feet or less in height. The proposed Monopole is 50 feet in height. Staff finds the proposal to be in compliance with the UDC Use-Specific Standards. Conclusion – The proposal is in compliance with the performance criteria for a wireless communication facility. The special exception request is consistent with policy direction in Plan Tucson, which supports development designed to be compatible with and sensitive to surrounding land uses. There is currently no residential development closer than 200 feet from the site. Subject to compliance with the attached preliminary conditions, approval of the requested special exception is appropriate. Staff acknowledges that the WCF will help improve telecom services in the area. Approval of the request is appropriate subject to the attached preliminary conditions. |
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| External Reviewers - Arizona Department of Transportation (ADOT) | REVIEW COMPLETED | Thank you for the opportunity to review this special exception. ADOT has no comments. Rick Freije, PE, MSCE Assistant Southern Regional Traffic Engineer 1221 S 2nd Ave. Tucson, AZ 85713 Office: 520.388.4203 Cell: 520.576.8614 azdot.gov |
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| External Reviewers - AZ State Land | REVIEW COMPLETED | ||||
| External Reviewers - COT Environmental Services | REVIEW COMPLETED | ES has no adverse comment or objection to this proposed DP as relates to solid waste storage and collection requirements. Thanks, Andy Vera City of Tucson - Environmental Services Accounts Representative Supervisor (520) 837-3798 |
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| External Reviewers - COT Parks & Recreation | REVIEW COMPLETED | On behalf of the City of Tucson Parks and Recreation Department, I have no comments on CASE: TP-ENT-0123-00011 Verizon - 2035 W Grant Rd. There is no impact on City parks. Tom Fisher Project Manager City of Tucson Parks and Recreation Department 900 S. Randolph Way Tucson, Arizona 85716 (520) 837-8037 |
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| External Reviewers - Davis Monthan AFB | REVIEW COMPLETED | ||||
| External Reviewers - PC RFCD | REVIEW COMPLETED | The Flood Control District does not object to this special exception. Patricia Gilbert, CFM Principal Hydrologist Floodplain Management Division 201 North Stone 9th Floor Tucson, Arizona, 85701 Phone: 520.724.4606 Patricia.gilbert@pima.gov |
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| External Reviewers - Pima Association of Governments | REVIEW COMPLETED | ||||
| External Reviewers - Pima County Addressing | REVIEW COMPLETED | Pima County Addressing does not have comments on TP-ENT-0123-00011 Verizon - 2035 W Grant Rd (tax parcel ID #115-20-2710) Thank you Nicholas Jordan Site Review Project Manager - Addressing Official Pima County Development Services Department 201 N Stone AV - 1st Floor Tucson, AZ 85701 (520) 724-9623 |
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| External Reviewers - Pima County Assessor | REVIEW COMPLETED | Good morning, Thank you for the information. I receive these notices for informational purposes only. I have no comments. Thank you, Linda Chabot Senior Property Appraiser Commercial/Industrial Land Pima County Assessor's Office 240 N. Stone, 3rd Floor Tucson, AZ 85701 (520) 724-7422 |
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| External Reviewers - Pima County Development Services | REVIEW COMPLETED | Subject: TP-ENT-0123-00011 Verizon – 2035 W Grant Rd Dear Gabriel: Thank you for the opportunity to review and comment on City of Tucson TP-ENT-0123-00011 Verizon – 2035 W Grant Rd, for a special exception for a wireless communication tower (monopole), 50 feet in height, with associated ground equipment. The site is located on the south side of W Grant Rd, about 700 feet east of Silverbell Rd. The site is developed as a parking lot. The site is surrounded commercial uses. Pima County Development Services Department, Planning Division, has no objection to the proposed rezoning. Sincerely, Spencer Hickman Senior Planner Pima County Development Services Department, Planning Division |
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| External Reviewers - Pima County Natural Resources | REVIEW COMPLETED | No impact to Pima County NRPR properties. Thanks, vp VICTOR M. PERIERA Director, Natural Resources, Parks and Recreation 3500 West River Road Tucson, AZ 85741 Phone: 520.724.5256 Cell: 520.539.6210 |
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| External Reviewers - Pima County Transportation | REVIEW COMPLETED | ||||
| External Reviewers - Pima County Wastewater (RWRD) | REVIEW COMPLETED | ||||
| External Reviewers - Tohono Oodham | REVIEW COMPLETED | ||||
| External Reviewers - Tucson Airport Authority | REVIEW COMPLETED | Dear Ms. Montes, Thank you for the opportunity to comment on the planned installation by Verizon of a 50-foot-tall wireless communication tower in parcel 115-20-2710. This parcel is zoned C-1 (low intensity commercial) and covers 0.164 acres ±. Parcel -2710 is situated in the northwest quarter of the northwest quarter of Section 3, Township 14S Range 13E. The proposed communication tower address of 2035 W Grant Road lies west-southwest of the intersection between W Grant Road and N Silverbell Road. This site lies 3.0 miles± outside of the Tucson International Airport Avigation Easement boundary. This site also does not exceed any Federal Aviation Administration Notice Criteria. The Tucson Airport Authority conditionally approves the subject Tentative Plan and has no additional comments to provide. Please do not hesitate to contact me if you have questions or concerns regarding this comment letter. My work telephone is 520-573-4811 and my work email is srobidoux@flytucson.com. Respectfully, Scott Robidoux, Manager of Planning, C.M. |
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| External Reviewers - Tucson Electric Power (TEP) | REVIEW COMPLETED | February 23, 2023 City of Tucson Gabriel Sleighter Entitlements Section Transmitted to: tucsonrezoning@tucsonaz.gov RE: TP-ENT-0123-00011 Verizon -2035 W Grant Rd Dear Mr. Sleighter: On behalf of Tucson Electric Power (TEP), thank you for the opportunity to comment on this special exception memo. TEP has no objections to this memo. This property is located within TE P's service territory, and TEP has received a new service application from the owner/developer to extend service to the new location. The owner/developer is responsible for all civil work per TEP Service Requirements. Please email me with any questions or concerns. I can be reached at Ariel.VanPelt@tep.com, or by phone at (520) 820-0235. Respectfully, Ariel Van Pelt Environmental & Land Use Planner Tucson Electric Power Company a U NS Energy Corporation |
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| External Reviewers - Tucson Unified School District (TUSD) | REVIEW COMPLETED | ||||
| Fire New Construction | REVIEW COMPLETED | ||||
| Historic | REVIEW COMPLETED | It does not appear that the area in question has been surveyed for archaeological resources. The location should be surveyed by an archaeological consultant and any recommendations for further work should be followed. The archaeological work should be complete prior to any grading/trenching/digging at the site. A copy of the report should be forwarded to the city of Tucson Historic Preservation Office. | |||
| IPC - Entitlements | REVIEW COMPLETED | ||||
| IPC - Fire New Construction | REVIEW COMPLETED | Questions: Jennifer Peel-Davis Tucson Fire Department Fire Plans Examiner Fire Inspector I, II and Fire Alarm Plans Examiner Jennifer.Peel-Davis@Tucsonaz.gov Desk: 520-837-7033 |
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| IPC - Site Engineering | REVIEW COMPLETED | No comments. If you have any engineering questions, you can reach me at faffs.riederer@tucsonaz.gov Faffs Riederer |
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| IPC - Site Zoning | REVIEW COMPLETED | ||||
| IPC - Traffic Engineering | REVIEW COMPLETED | No Comments David Stiffey David.Stiffey@tucsonaz.gov |
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| ROW Engineering Review | REVIEW COMPLETED | ||||
| Signs | REVIEW COMPLETED | Signage for cell towers may be placed on the fencing around the base of the tower. They may be up to 12 square feet each in size, and may be reflective surface. No other signs are permitted for such uses. If you have questions, contact me at Heather.Thrall@tucsonaz.gov | |||
| Site Engineering | REVIEW COMPLETED | No comments. If you have any engineering questions, you can contact me at faffs.riederer@tucsonaz.gov Faffs Riederer |
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| Site Landscape | REVIEW COMPLETED | PROJECT: SUNSTATE TOWERS AZ02-145 ZOMBIE/TUC BROWNING ACTIVITY NO. TP-ENT-0123-00011 ADDRESS/PARCEL: 2035 W GRANT RD/115-20-2710 CURRENT ZONING: C-1, I-1 EXISTING USE: EXISTING PARKING LOT PROPOSED USE: WIRELSS TOWER TRANSMITTAL DATE: FEBRUARY 13, 2023 DUE DATE: FEBRUARY 23, 2023 COMMENTS: 1. Ensure that the existing trees surrounding the proposed walls are trimmed by a qualified landscape technician. 2. Replace any trees, shrubs or groundcover that have to be removed are replaced within the existing landscape at a 1:1 ratio. 3. The plan set already states that the “...proposed 8’-0” tall CMU wall painted/textured to match adjacent buildings...” on Sheet Z-6. Ensure the proposed gate matches the character of the surrounding buildings. If you have any questions about these comments, I can be reached at Matthew.Carlton@tucsonaz.gov or 520-837-4988 |
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| Site Zoning | REVIEW COMPLETED | ||||
| Transportation - Bike/Ped | REVIEW COMPLETED | ||||
| Transportation Landscape Review | REVIEW COMPLETED | ||||
| Tucson Water New Area Development | REVIEW COMPLETED | Tucson Water has no objections to the proposed special exception. Any questions, comments or concerns about these comments may be directed to: Tim Rowe, P.E., Civil Engineer Tucson Water, New Development Section 201 N. Stone Avenue, #2-220 P.O. Box 27210 Tucson, AZ 85726-7210 (520) 837-2106 tim.rowe@tucsonaz.gov |