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Plan Review Detail
Review Status: Approved
Review Details: ENTITLEMENT REVIEW v.1
Plan Number - TP-ENT-0323-00017
Review Name: ENTITLEMENT REVIEW v.1
Review Status: Approved
| Review Date | Reviewer's Name | Type of Review | Description | Status | Comments |
|---|---|---|---|---|---|
| IPC - Entitlements | APPROVED | ||||
| IPC - Fire New Construction | APPROVED | ||||
| IPC - Site Engineering | APPROVED | ||||
| Entitlement Review Coordinator | REVIEW COMPLETED | ||||
| Entitlements | REVIEW COMPLETED | DATE: May 10, 2023 For May 25, 2023 Hearing TO: John Iurino FROM: Timothy M. Thomure, PE, ENV SP Zoning Examiner Planning & Development Services Assistant City Manager SUBJECT: SPECIAL EXCEPTION LAND USE PLANNING & AND DEVELOPMENT SERVICES REPORT TP-ENT-0323-00017 T-Mobile – Rhiannon Drive, R-2 (Ward 4) Issue – This is a request by Scott Hopper of Pinnacle Consulting, Inc. on behalf of T-Mobile, for approval of a wireless communication facility (WCF). The special exception site is in the right-of-way on the south side of East Golf Links, approximately 185 feet west of South Pantano Road; the nearest addressed parcel to the special exception site is 7867 East Rhiannon Drive (see Case Location Map). The preliminary development plan (PDP) proposes replacing an existing 39-foot utility pole with a new 65-foot-tall utility pole that will include three sectors of antennas with two antennas per sector, for a total of 6 antenna panels, without options for future colocation below the array. The proposed utility pole would be placed approximately 28 feet west of a new 185-square foot lease area, also in the right-of-way on the south side of East Golf Links Road. The proposed ground equipment would be screened by an 8-foot-tall concrete masonry wall. No backup generator is included in the proposal. A Communications, Wireless land use of this type in the R-2 residential zone is subject to Sections 4.9.4.I.2, .3, and .7 of the Unified Development Code (UDC) and requires approval through a Mayor & Council Special Exception Procedure, in accordance with UDC Sec. 3.4.4, because the tower does not meet the minimum setback of twice its height from residential (R-2) zoned property. The proposal places the 65-foot-tall utility pole within the R-2 zoning, approximately 30 feet from the nearest residential land use. Documentation provided by the applicant indicates that no practical alternative exists, and that the new pole will be co-located with existing utilities infrastructure to minimize visual impacts. The Mayor & Council Special Exception Procedure requires a public hearing before the Zoning Examiner, after which the Zoning Examiner forwards a recommendation to the Mayor and Council for a decision to grant the request with, or without, conditions or to deny the request. The Mayor and Council may also forward the request to the Design Review Board (DRB) for design review and recommendation. 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: Golf Links Right-of-way. Proposed Land Use: Communications / Wireless Communication Facility Zoning Description: R-2 (Residential Zone): This zone provides for urban, low density, single-family and multifamily, residential development, together with schools, parks, and other public services necessary for an urban residential environment. Select other uses, such as day care and urban agriculture, are permitted that provide reasonable compatibility with adjoining residential uses. Surrounding Zones and Land Uses: North: Zoned C-1; Low Intensity Commercial South: Zoned R-2; Single Family Residential East: Zoned C-2; Service Station at Golf Links and Pantano intersection West: Zoned R-2; Single Family Residential, Golf Links Right-of-Way Previous Cases on the Property: None. Related Cases: TP-ENT-1122-00002 Verizon – Benson Highway, C-2 Zone – This was a request for approval of a wireless communication facility tower (monoelm) 80 feet in overall height, with associated equipment as a special exception land use due to proximity to R-1 zone. The special exception site is located approximately 1150 feet west of Craycroft Road and 400 feet north of I-10 Frontage Road. On April 4th, 2023, the Mayor and Council adopted Ordinance No. 11997, allowing the request. SE-19-11 T-Mobile – Wilmot Road, RH Zone – This was a request for approval of a wireless communication facility tower (monopole) 100 feet in overall height, and constructed of galvanized steel, with associated equipment as a special exception land use in the RH zone. The special exception site is located approximately 100 feet east of Wilmot Road and 750 feet south of the Old Vail Road alignment (approximately 2/3-mile directly south of the subject site). On August 6, 2019, the Mayor and Council adopted Ordinance No. 11668, allowing the request. Applicant’s Request – The applicant requests special exception approval for the placement of a 65-foot-high utility pole for the mounting of one antenna array, co-located with existing TEP transmission line to minimize visual impacts, and associated screened ground equipment. Planning Considerations Land use policy direction for this area is provided by Plan Tucson. Plan Tucson identifies this area in the Future Growth Scenario Map as a "Neighborhood Center Building Block." Neighborhood Centers feature a mix of small businesses surrounded by housing and accessed internally and from nearby neighborhoods by pedestrian and bike friendly streets and by transit. Plan Tucson also includes the following applicable policies: Policy LT28.4.10 requires telecommunications facilities be located, installed, and maintained to minimize visual impact and preserve views. Cabling and fiber optics should be installed underground where possible, and the visual impact of cellular towers should be a prime consideration in the City’s acceptance and approval. Policy LT28.4.11 requires development to improve the appearance of above-ground utilities and structures and extend access to high-tech wireless communications facilities throughout the City. Policy LT.28.6.11 Supports environmentally sensitive design that protects the integrity of existing neighborhoods, complements adjacent land uses, and enhances the overall function and visual quality of the street, adjacent properties, and the community. The proposed wireless communications facility will help improve telecom services in the area and is designed and located with an existing utility to mitigate negative visual impacts. Operation inspections are scheduled to take place about once a month. The special exception site is within the East Golf Links Road right-of-way, in the R-2 residential zone. The site is located closest to 7867 E Rhiannon Drive, approximately 25 feet south of East Golf Links Road, and 185 feet west of South Pantano Road. The nearest residentially developed properties are single family homes in R-2 zoning located approximately 30 feet to the south 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 not be designed to accommodate antennas for additional wireless carriers. The tower will include three sectors with two antennas per sector at the top of the utility pole. The applicant states that the 65-foot-tall utility pole will replace the existing 39-foot-tall utility pole, co-locating with an existing utility to minimize visual impacts. The applicant has submitted photo-simulations of the monopole. The proposal is for a utility pole rather than a stealth tree or wireless monopole design to be sensitive to nearby land uses while ensuring adequate wireless coverage. Coverage maps showing a gap in wireless coverage were also submitted with the special exception application materials. Staff acknowledges that the proposed wireless communication facility (WCF) will help improve telecom services to the area. The nearest residential development is single family homes immediately south of the special exception site. The ground equipment will be placed within a 185 square foot lease area in the East Golf Links right-of-way. Ground equipment will be housed inside cabinets within an area secured and screened by an 8-foot-high CMU wall with a locking access gate. The proposal does not include a back-up generator. Road Improvements/Vehicular Access/Circulation – No road improvements are proposed with this project. Vehicular access to the wireless communications facility is through the existing right-of-way. 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 March 23, 2023 and the “shot clock” period will expire on August 20, 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 Mayor and Council Special Exception and must meet the Use-Specific Standards of UDC Sections 4.9.13.P and 4.9.4.I.2, .3, and .7. The Mayor and Council may forward the request to the Design Review Board (DRB) for design review and recommendation. Below is the analysis of the performance criteria. 4.9.4.I.7 The following requires approval as a special exception in accordance with Section 3.4.4, Mayor and Council Special Exception Procedure. a. Wireless communication antennas, provided: (1) The tower or antennas are not permitted by other provisions of this Section. The 65-foot utility pole is within a residential zone and 30 feet from residential land use, necessitating a Mayor and Council special exception. (2) New towers require a minimum separation of one mile from any existing tower, regardless of ownership, unless documentation establishes that no practical alternative exists. The nearest existing wireless communications facility is 400 feet away. However, Tucson Electric Power is planning to remove or relocate this facility. (3) All appropriate measures shall be taken to conceal or disguise the tower and antenna from external view. The utility pole with be co-located with electric transmission lines to minimize the visual impact of new utilities. (4) All appropriate measures shall be taken to reduce the negative proliferation of visible towers and antennae by the collocation of new antennae on existing towers or with the facilities of other providers which are located or planned for development within the proposed service area. The nearest WCF will be one mile from the site. (5) Notice shall be provided to all agents designated at least 15 days prior to the date of the public hearing before the Zoning Examiner. All policies of the Mayor and Council Special Exception Process shall be followed accordingly. Staff finds the proposal to be in compliance with the UDC’s 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. Co-locating wireless facilities with existing utility poles is sensitive to residential land uses while also resolving coverage gaps. The site is adjacent to existing residential development. 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 | No comments - GS | |||
| External Reviewers - AZ State Land | REVIEW COMPLETED | No comments - GS | |||
| External Reviewers - COT Environmental Services | REVIEW COMPLETED | No comments - GS | |||
| External Reviewers - COT Parks & Recreation | REVIEW COMPLETED | Tom Fisher TucsonRezoning Hello Tucson Rezoning team, On behalf of the City of Tucson Parks and Recreation Department, I have no comments on the above development plan as it does not affect existing or planned parks facilities. 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 | CARTER, BONNIE K GS-12 USAF ACC 355 CES/CENPL <bonnie.carter@us.af.mil> TucsonRezoning Sir/Ma'am Davis-Monthan AFB Planning Team has reviewed the proposed T-Mobile 65' tower at Golf Links and Pantano. Given this location is out side the Approach Departure Corridors to the Southeast of our Runway and the proposed height will not impact the imaginary surfaces for our airfield, we find this proposal should not impact our mission. Kacey B. Kacey Carter, Civ USAF ≡✪≡ Base Community Planner 355th Civil Engineer Squadron/CENPL Davis-Monthan AFB AZ 520-228-3291 bonnie.carter@us.af.mil |
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| External Reviewers - PC RFCD | REVIEW COMPLETED | Patricia Gilbert <Patricia.Gilbert@pima.gov> TucsonRezoning The Regional Flood Control District has no objection to this Special Exception. Patricia Gilbert, CFM Principal Hydrologist Floodplain Management Division Pima County Regional Flood Control District 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 | Eric Kramer <EKramer@pagregion.com> Tue 4/18/2023 4:59 PM To: No objections/adverse comments. Development will have negligible impact on trip generation. Eric W. Kramer, Ph.D., AICP Senior Land-Use Modeler Tel (520) 792-1093 | Dir (520) 495-1455 1 E Broadway Blvd., Suite 401 Tucson, AZ 85701 PAGregion.com Improving the region's mobility, sustainability and livability through collaborative leadership and planning |
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| External Reviewers - Pima County Addressing | REVIEW COMPLETED | Nicholas Jordan <Nicholas.Jordan@pima.gov> TucsonRezoning Good morning, This project will require a unique facility address. The applicant should submit construction drawings to addressing@pima.gov to request an address. 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 | No comments - GS | |||
| External Reviewers - Pima County Development Services | REVIEW COMPLETED | March 31, 2023 SENT VIA EMAIL Gabriel Sleighter Entitlements Section, Planning and Development Services Department City of Tucson Tucson, AZ 85701 Subject: TP-ENT-0323-00017 T-Mobile – 7867 E Rhiannon Dr Dear Gabriel: Thank you for the opportunity to review and comment on TP-ENT-0323-00017 T-Mobile – 7867 E Rhiannon Dr, for a special exception for a wireless communication tower (monopole), 65 feet in height, with associated ground equipment. The site is located on the south side of E Speedway Bl, about 200 feet west of Pantano Rd. The site is right-of-way. The site is residential uses. Pima County Development Services Department, Planning Division, has no objection to the proposed special exception. 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 comments - GS | |||
| External Reviewers - Pima County Transportation | REVIEW COMPLETED | No Comments - GS | |||
| External Reviewers - Pima County Wastewater (RWRD) | REVIEW COMPLETED | No comments - GS | |||
| External Reviewers - Tohono Oodham | REVIEW COMPLETED | No comments - GS | |||
| External Reviewers - Tucson Airport Authority | REVIEW COMPLETED | No comments - GS | |||
| External Reviewers - Tucson Electric Power (TEP) | REVIEW COMPLETED | April 13, 2023 City of Tucson Gabriel Sleighter Entitlements Section RE: TP-ENT-0323-00017-Rhiannon Dr-T-Mobile Dear Mr. Sleighter; On behalf of Tucson Electric Power (TEP), thank you for the opportunity to comment on this special exception memo. At this time, TEP has no objections to this memo. Please have the owner/developer submit a new service application and any other pertinent information well in advance to ensure that TEP can build and/or extend the appropriate facilities to this development. Please email me with any questions or concerns. I can be reached at Keri.Tallorin@tep.com, or by phone at (425) 633-7431. Respectfully, Keri Tallorin Environmental & Land Use Planner Tucson Electric Power Company a UNS Energy Corporation |
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| External Reviewers - Tucson Unified School District (TUSD) | REVIEW COMPLETED | No comments - GS | |||
| Fire New Construction | REVIEW COMPLETED | ||||
| Historic | REVIEW COMPLETED | ||||
| IPC - Site Zoning | REVIEW COMPLETED | GLS | |||
| IPC - Traffic Engineering | REVIEW COMPLETED | No Comments David Stiffey David.Stiffey@tucsonaz.gov |
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| Real Estate | REVIEW COMPLETED | No comment - GS | |||
| ROW Engineering Review | REVIEW COMPLETED | No Comments David Stiffey David.Stiffey@tucsonaz.gov |
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| Signs | REVIEW COMPLETED | RE: signage review For: new cell tower enclosure in right of way / Golf Links near Pantano Case: TP-ENT-0323-00017 Date: 03/30/23 Reviewer: H. Thrall (Heather.Thrall@tucsonaz.gov) Codes: Unified Development Code 7A, Sign Standards 1) No billboards exist at the location, courtesy FYI. 2) No concerns with the safety signage presented within the package. A) Keep each sign under 12 square feet in area B) keep each sign mounted to a wall, gate or in the enclosure C) signs may be reflective, but not be internally illuminated D) No sign permits are required if the above are abided by If you have any additional questions, please email me. |
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| Site Engineering | REVIEW COMPLETED | Site Engineering has no comments on or objections to the proposed project. Lianne Evans lianne.evans@tucsonaz.gov |
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| Site Landscape | REVIEW COMPLETED | ||||
| Site Zoning | REVIEW COMPLETED | Zoning has no comment. Nicholas.Martell@tucsonaz.gov |
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| Streetcar Track Access Review | REVIEW COMPLETED | No comments - GS | |||
| Sun Tran Review | REVIEW COMPLETED | No comments - GS | |||
| Transportation - Bike/Ped | REVIEW COMPLETED | No response - GLS | |||
| Transportation Landscape Review | REVIEW COMPLETED | No comments - GS | |||
| Tucson Water New Area Development | REVIEW COMPLETED | TP-ENT-0323-00017 - Entitlement Review v1 – 7867 E RHIANNON DR The City of Tucson’s Water Department (Tucson Water) recommends that this special exception to allow T-Mobile to attach antennas to a new 65' TEP pole and place ground equipment within the City of Tucson right of way at this location be accepted, subject to the following condition: Tucson Water has an existing 36” concrete cylinder water transmission line in the right of way near the base of the existing pole that is to be removed. The Applicant shall contact Mr. Paul Acosta of the Tucson Water’s Condition Assessment Team at (520) 837-2409 a minimum of 60 days before doing any excavation in the Kolb Road right of way to determine what special measures must be taken to protect this water transmission line from damage. 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 |