Plan Review Detail
Review Status: Approved
Review Details: ENTITLEMENT REVIEW v.2
Plan Number - TP-ENT-0823-00033
Review Name: ENTITLEMENT REVIEW v.2
Review Status: Approved
| Review Date | Reviewer's Name | Type of Review | Description | Status | Comments |
|---|---|---|---|---|---|
| IPC - Fire New Construction | NOT REQUIRED | ||||
| Real Estate | NOT REQUIRED | ||||
| Entitlement Review Coordinator Express | REVIEW COMPLETED | ||||
| Entitlements | REVIEW COMPLETED | DATE: October 25, 2023 For November 9, 2023 Hearing TO: John Iurino FROM: Kristina Swallow, Director Zoning Examiner Planning & Development Services SUBJECT: SPECIAL EXCEPTION LAND USE PLANNING & AND DEVELOPMENT SERVICES REPORT TP-ENT-0823-00033 T-Mobile – Shannon Road, (MCSE) C-1 (Ward 1) Issue – This is a request by Coal Creek Consulting on behalf of T-Mobile, for approval of a wireless communication facility (WCF). The special exception site is located at 190 N Shannon Road, approximately 200 feet east of Shannon Road and 750 feet south of Anklam Road (see Case Location Map). The preliminary development plan (PDP) proposes a wireless communication tower with three sectors of antennas and with two antennas per sector, for a total of six antenna panels, with no options for future colocation, constructed as a monopole with an overall height of 50 feet. The facility will be placed within an approximately 640-square foot (20 feet by 32 feet) lease area located within the perimeter wall of an existing TEP substation at 190 N Shannon Road. The proposed ground equipment, including the monopole will be located within an area screened by an existing CMU substation wall topped by razor wire. Access is provided by a new door to be installed on the north wall of the substation, opening directly to the fenced equipment area inside the substation perimeter. No access is provided from the T-Mobile equipment area to the rest of the substation. Service access is by way of a new 12-foot utility and access easement along the west and north face of the substation wall (see PDP), sharing the existing substation road access to Shannon Road. 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 .8 of the Unified Development Code (UDC) and requires approval through a Mayor and Council Special Exception Procedure, in accordance with UDC Sec. 3.4.3, for a new tower less than two times the height from the nearest property zoned residential or office, and less than one mile from any existing tower unless documentation that no practical alternative exists. Documentation provided by the applicant indicates that no practical alternative exists, and the tower will be painted to minimize visual impacts. The tower will also be placed in a site containing an existing Utilities Distribution land use – the site is dominated by an existing TEP substation. One other 50-foot monopole communications tower is present on the site, but it does not provide opportunities for colocation. 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: Utilities Distribution – a TEP substation and an existing 50-foot cell tower. 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 O-3; Multifamily Residential South: Zoned C-1; Multifamily Residential East: Zoned C-1; Multifamily Residential West: Zoned C-1; Single-family Residential Previous Cases on the Property: T99CM02985: Installation of 50-foot monopole and ground equipment. T00CM03557: Installation of 40-foot monopole with canister antenna. Related Cases: TP-ENT-0323-00017: A request for a T-Mobile antenna array mounted on a new utility pole, collocated with existing electrical utility infrastructure. The special exception site was located in the southern right-of-way of Golf Links Road, west of Pantano Road. The pole was located in close proximity to residentially zoned property, and visual impacts were mitigated by utilizing existing TEP electric poles to minimize the visual impact of a new pole. Applicant’s Request – The applicant requests special exception approval for the placement of a 50-foot high cellular communications monopole. The pole will be located in a parcel with existing cellular and electric transmission equipment. While this means it is in proximity to existing cell towers, those towers do not provide options for co-location to meet the bandwidth needs of this area as presented by the applicant. The pole will be painted to minimize visual impacts, and the associated ground equipment area will be located inside the existing perimeter wall surrounding the substation. Planning Considerations – Land use policy direction for this area is provided by the Tumamoc Area Plan, and Plan Tucson. No specific policy direction is provided for WCF’s in the Tumamoc Area Plan. Plan Tucson identifies this area in the Future Growth Scenario Map as "Existing Neighborhoods" and supports new services and amenities that contribute further to neighborhood stability. 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 within a TEP Substation in the C-1 commercial zone. The site is located approximately 200 feet east of Shannon Road and 750 feet south of Anklam Road. The nearest residentially developed properties are the multifamily apartments north, east, and south of the project location. The applicant estimates that the proposed development will not generate additional measurable vehicle trips per day. ADOT and DTM have provided no comments concerning this development. 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, keeping the overall height of the pole consistent with other towers on the site. The applicant states that collocating the antennas on the existing tower is not possible due to inadequate structural capacity to accommodate the necessary equipment. The tower will initially include two antennas per sector at the top of the monopole. 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. 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 match the appearance of the rest of the utilities distribution and communications land uses already present. Cell tower location 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 between 25 and 50 feet away, or about half to equal the height of the proposed monopole. The monopole and ground equipment will be placed within a 640 square foot lease area in the northeast corner of the electric substation perimeter wall. Ground equipment will be housed inside cabinets within an area secured by an 8-foot chain-link fence preventing access to the substation area outside of the T-Mobile lease area. Road Improvements/Vehicular Access/Circulation – No road improvements are proposed with this project. Vehicular access to the wireless communications facility is by way of a new access and utility easement along the northern wall of the substation. From the shared entrance at Shannon Road. 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 September 5, 2023 and the “shot clock” period will expire on February 2, 2024. 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 tower or antennas are not permitted by other provisions of this Section. The 50-foot utility pole is located 25 to 50 feet away from existing multifamily 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 facilities are located within the project parcel. However, there is inadequate structural capacity to collocate antennas on the existing poles. There were no other vertical objects in the area sufficient to locate the antennas. (3) All appropriate measures shall be taken to conceal or disguise the tower and antenna from external view. The utility pole with be painted to match existing communications towers on the site to maintain a unified design aesthetic. (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 utility pole with be co-located with an electric substation, where the utilities and communications land use create an established area for similar non-residential uses. This limits the proliferation of towers to the existing 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. Despite its proximity to multi-family residential land use, the project location is consistent with the surrounding context and contains new communications infrastructure to an already substantially disturbed site with similar heights. Staff acknowledges that the WCF will help improve telecom services in the area. Subject to compliance with the attached preliminary conditions, approval of the requested special exception is appropriate. |
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| External Reviewers - Arizona Department of Transportation (ADOT) | REVIEW COMPLETED | Thank you for the opportunity to review this New 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 | No comments - GS | |||
| External Reviewers - COT Environmental Services | REVIEW COMPLETED | No comments - GS | |||
| External Reviewers - COT Parks & Recreation | REVIEW COMPLETED | No comments - GS | |||
| External Reviewers - Davis Monthan AFB | REVIEW COMPLETED | Sir/Ma'am DMAFB Planning Staff has reviewed the request for T-Mobile on Shannon Road and find this project should not impact our mission. Thanks you, 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 | 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 | No comments - GS | |||
| External Reviewers - Pima County Addressing | REVIEW COMPLETED | Nicholas Jordan < Nicholas.Jordan@pima.gov> Wed 9/13/2023 4:54 PM To:TucsonRezoning <TucsonRezoning@tucsonaz.gov> Good afternoon, Pima County Addressing does not have comments on TP-ENT-0823-00033, T-Mobile - Shannon Road - 190 N Shannon Road. The new wireless facility will require a new address prior to applying for construction permits. 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 Afternoon, I receive these notices for information 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 | No comments - GS | |||
| 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 | October 2, 2023 Gabriel Sleighter Public Works Building 1st Floor 201 N. Stone Avenue Tucson, AZ. 85701 RE: TP-ENT-0823-00033 – T-Mobile – Shannon Road – 190 N Shannon Road (tax parcel ID #116-11-005B) (Ward 1), Received September 13, 2023 Dear Mr. Sleighter, Thank you for the opportunity to comment on TP-ENT-0823-00033, a special exception request to establish a 50 feet monopole for a wireless communication facility on parcel number 116-11-005B in a Commercial Zone 1 (C-1). This parcels occupy 0.826 acres ± and is located approximately 400 feet to the northeast of the intersection of North Shannon Road and West Broadway Boulevard. This parcel is located within the SW ¼ of the SW ¼ of Section 9, Township 14S, Range 13E, of the Gila and Salt River Meridian. According to the Federal Aviation Administration (FAA) Notice Criteria Tool, no Notice Criteria are exceeded at the project site. The Tucson Airport Authority approves the special exception request, has no additional comments to provide, and is not requesting a resubmittal. Please do not hesitate to contact me if you have any questions or concerns regarding this comment letter. I may be reached by email at srobidoux@flytucson.com or by telephone at 520-573-4811. Respectfully, Scott Robidoux, C.M. Manager of Planning cc file |
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| External Reviewers - Tucson Electric Power (TEP) | REVIEW COMPLETED | No comments - GS | |||
| External Reviewers - Tucson Unified School District (TUSD) | REVIEW COMPLETED | No comments - GS | |||
| Fire New Construction | REVIEW COMPLETED | ||||
| Historic | REVIEW COMPLETED | Project reviewed through the Section 106 process. No impact to historic resources. | |||
| IPC - Entitlements | REVIEW COMPLETED | IPC Complete - proceed with general review | |||
| IPC - Site Engineering | REVIEW COMPLETED | Site engineering has no comments or concerns about the proposed project. Lianne Evans lianne.evans@tucsonaz.gov |
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| IPC - Site Zoning | REVIEW COMPLETED | ||||
| IPC - Traffic Engineering | REVIEW COMPLETED | No Traffic Engineering Division comments | |||
| ROW Engineering Review | REVIEW COMPLETED | No Comments David Stiffey David.Stiffey@tucsonaz.gov |
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| Signs | REVIEW COMPLETED | RE: signage review For: proposed cell tower AT: 190 N Shannon Rd Case: TP-ENT-0823-00033 Date: 09/21/23 Reviewer: H. Thrall (Heather.Thrall@tucsonaz.gov) 1) No signs are shown for this package or at this site. 2) Note that should signage be proposed for access / emergency contacts, etc. - they may be attached to the existing enclosure, at 12 square feet in area without a permit. No lighting is permitted, however, reflective material is allowed. |
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| Site Engineering | REVIEW COMPLETED | Site engineering has no comments or concerns about the proposed project. Lianne Evans lianne.evans@tucsonaz.gov |
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| Site Landscape | REVIEW COMPLETED | Landscape/NPPO has no concerns about this proposed project. 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 | ||||
| Streetcar Track Access Review | REVIEW COMPLETED | No comments - GS | |||
| Sun Tran Review | REVIEW COMPLETED | No comments - GS | |||
| Transportation - Bike/Ped | REVIEW COMPLETED | No comments - GS | |||
| Transportation Landscape Review | REVIEW COMPLETED | No comments - GS | |||
| Tucson Water New Area Development | REVIEW COMPLETED | TP-ENT-0823-00033 - Entitlement Review v1 – 190 N SHANNON RD The City of Tucson’s Water Department (Tucson Water) has no objections to the requested 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 |