Development Services Letter

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STAFF REPORT TO
:

YAVA
PAI COUNTY PLANNING &

ZONING COMMISSION

HEARING DATE:

November 7, 2012


STAFF PLANNER
:
Nicole Russell
/Boyc
e Macdonald


REQUEST/DESCRIPTION OF PROPOSAL
:


The applicant is requesting the
construction and operation of a 90 ft. guyed tower for the transmission of wireless high
speed internet service with a 10 ft. x 10 ft.
factory built
equipment shelter
building
with
support
equipment including solar on an approximate 1 acre parcel in a R1
-
10
(Residential; Single Family; 10,000 sq. ft. min.) zoning district. The applicant is also
requesting a waiver of solid screening
requirements
and a waiver of new wireless
facilities being
built within 1,000 ft. of residences.



The applicant has indicated that the proposed tower would provide wireless high speed
internet services in communities such as Yarnell, Peeples Valley, Wilhoit and potentially
Congress as well.


ASSESSOR PARCEL NUMBE
R
:

203
-
07
-
038


APPLICATION NUMBER
: H
120
79


AGENDA ITEM NUMBER
:

8


SUPERVISOR DISTRICT
:


2


PROPERTY OWNER NAME
:

United Business Services


AGENT NAME
:

Wayne Markis for Interstate Wireless, Inc. dba. AZ AirNet


PROPERTY LOCATION
:
This property is locat
ed approximately .3 miles from the
intersection of Happy Way and Crest Way, south of the Town of Yarnell.


ADJACENT ZONING
:
The property is surrounded on the east, west and
a north side
by R1
-
10, to the south of the property is

R1L
-
175

zoning.


ADJACENT
O
WNERSHIP/
LAND USE
:

The subject property has two parcels to the
east that have been developed as wireless communication sites. There are three
approved towers on the
two
neighboring properties. However staff understands that
these towers are at capacity an
d do not have any room for further collocations.


UTILITIES AND SERVICES
:




FIRE
:

Yarnell
Fire District




WATER
:

n/a





SANITARY
:
n/a


ZONING
:


The property is currently zoned
R1
-
10 (Residential; Single Family; 10,000 sq.
ft. min.) zoning
district
,

which w
ould allow as a matter of right one single family dwelling
unit for any one lot with all principle and accessory uses and structures.


Staff Report To The Yavapai County Planning and Zoning Commission





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A cellular tower is not allowed as a matter of right in any zoning district therefore a Use
Permit is required.


ACCESS
:


The property is
accessed via

W. Happy Way which is a paved County
maintained roadway, until the pavements ends. The unpaved portion of Happy Way is a
privately maintained roadway.


TRAFFIC
:


The applicant has indicated that traffic to the site will be mi
nimal since a
technician will only visit the tower site for repair as needed.


PARKING
:


The leased area on the subject parcel would accommodate parking for an
occasional technician.


SIGNAGE
:


Section 605.D.3.f of the Yavapai County Planning & Zoning Ordi
nance
states that, “no signs shall be allowed at the facility with the exception of a single one
(1) square foot sign for each carrier, to provide emergency contact numbers.” The
applicant has indicated that they will comply with this requirement.


SCREENI
NG
:


Wireless Communication Facilities are not allowed as a matter of right in
any zoning and are considered to be a commercial use. Section 567 of the Planning &
Zoning Ordinance states that
where a commercial use abuts property in a residential
zone, a m
asonry wall six feet (6’) in height

is required.
The applicant is requesting a
waiver of solid screening requirements

due to potential radio inference that can be
caused by a chain link fence.

This waiver may be appropriate given the remoteness of
the pro
posed tower location and the security of the proposed equipment building.


CITIZEN PARTICIPATION PROCESS
:


The applicant has
indicated that the
surrounding property owners
within 1,000 feet of the subject property have been notified
of the proposed tower a
pplication. The applicant has indicated that a public meeting
was held on July 10
th

in which 25 local residents attended.
As of this writing, staff has
not received any letters of support or opposition.


CONFORMANCE WITH
COUNTY
COMPREHENSIVE
PLAN
:
The sub
ject parcel is
located in an area that is designated as a Rural Community Area (RC).
The Yavapai
County
Comprehensive

Plan states that the RC
category includes less populated rural
communities that are characterized by moderate growth and the desire to mai
ntain the existing
neighborhood or rural atmosphere. These areas are generally found as small clusters of
residential and non
-
residential development adjacent to agricultural production areas and public
lands. Non
-
residential enterprises generally serve or

coincide with local agricultural, ranching or
tourist activities.


The proposed application could be in keeping with Land Use Goal 5, which is to maintain
public
participation criteria for land use decisions.

The applicant has indicated that
O
bjective a
and b,
below, have been met for this application.

Objective a: Consider the impact of new development on existing communities, cities or
towns, and existing natural resources.

Objective b: Support better public understanding as to the importance of necessa
ry land
uses that serve the greater community need.


Staff Report To The Yavapai County Planning and Zoning Commission





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CONFORMANCE WITH

COMMUNITY PLAN
:

The subject
property
is not

located

within

a community plan area.


REVIEWING AGENCY COMMENTS
:

The applicant has been made aware of all
reviewing agency comments.




Addre
ssing:

A separate address has been assigned for the proposed tower, it is
15780 W. Happy Way.



Building Safety

Unit
:


Structural calculations for the tower will be required for
Building Permit submittal


shelter (type of construction) along with foundation

design and a complete solar design as per Yavapai County Policy PE
-
10 will be
required.

Type of equipment

hook ups and electrical drawings.




Customer Service and Permitting

Unit
:

There are no permit records located
for this parcel.


Applicant will
need to submit for and have approved permit issued
prior to construction/installation of structure(s)/equipment.

No other comment or
concern with this request.



Flood Control
:

The Flood Control District has no concerns regarding this
Wireless Use Permit Ap
plication.



Public Works
:


Public Works has no objection to the referenced request.



STAFF ANALYSIS, SUMMARY AND EVALUATION
:



The purpose of the Wireless section of the Planning & Zoning Ordinance is to establish
rules and regulations for siting of wirel
ess communication facilities. The goals of the
section include providing for development of wireless communication services county
-
wide, providing wireless communication services to the community in a broad, quick,
effective, and efficient manner, encourag
ing the joint use (collocation) of facilities;
considering the public health, safety and welfare, and considering impact on adjacent
properties (605.A.1
-
8). In order for a wireless communications provider to do so in many
of the unincorporated areas of Yav
apai County, it may be necessary to propose towers
near major roadways or mountain tops in order to provide a communication network in
rural areas. Wireless telecommunications technology is based on line of sight, which
means that coverage is improved whe
n towers are placed on high terrain and when the
towers can “see” each other. This is one of the main reasons that it is common to have
several towers or one large tower on a hill or mountain top.


The Wireless Section categorizes applications based on pe
rformance criteria
(605.G.2).

Subsection “a” has a listing of performance criteria in which it ranks the preferences for
wireless communication facilities from 1 (most preferred) through 8 (least preferred).
The list of preferences starts with collocation
on an existing facility to be the most
preferred and new towers that are 200 ft. and over to be the least preferred facilities. In
the list of preferences this application ranks number 7, which is not the most preferred
but it is also not the least preferr
ed type of wireless facility, since the proposed tower is
less than 200 ft. The applicant has indicated that the proposed
90

ft. tall tower could
allow for the collocation of additional carriers.


The performance criterion in subsection “b” of 605.G.2 i
ncludes characteristics that are
deemed to be consistent with the purpose of the Wireless Section. Some of the criteria
Staff Report To The Yavapai County Planning and Zoning Commission





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include: sites that are located on public lands, existing structures are preferred over new
ones (collocations), stealth facilities, and

network development plans that call for the
fewest number of wireless facilities to achieve coverage objectives. The proposed
application meets the seventh and the ninth of the criteria on the list. The applicant has
indicated that the proposed tower site

may not require that another tower be built on the
hill top since collocations slots would be available.

The proposed tower site is located
adjacent to properties with
existing wireless communication tower
s

that ha
ve
been in
place since
the 1980s and 1990
s.