HomeMy WebLinkAbout2014 03 04 AIS New Cellular Tower ApplicationAGENDA ITEM SUMMARY Meeting Date: 3/4/2014
Meeting Type: Work Session
Staff Contact/Dept.: Mark Metzger/DPW Staff Phone No: 541-726-3775
Estimated Time: 30 Minutes
S P R I N G F I E L D PLANNING COMMISSION Council Goals: Mandate
ITEM TITLE: CELL TOWER APPLICATION—NEW CINGULAR WIRELESS PCS, LLC
TYP314-00002 & TYP214-00001
ACTION REQUESTED:
No action required. New Cingular Wireless PCS, LLC has submitted an application for
the construction of a faux pine monopole cell tower at Courtsports in Gateway. Staff will
discuss the application of new development code provisions for the siting of wireless telecommunications facilities (cell towers and related equipment) that were adopted in 2013.
ISSUE STATEMENT:
The Planning Commission will consider the New Cingular Wireless application at its March 19th meeting. This is the first application for a tower facility under the new standards.
ATTACHMENTS: 1. Approval Criteria for WTS facility Applications
DISCUSSION:
The tower facility is proposed for the southwest corner of the Courtsports complex at 2728
Pheasant Blvd. in the Gateway area. The facility is a faux pine monopole design that is classified a “Moderate Visibility” facility requiring Planning Commission review. The
location is zoned Community Commercial. The surrounding properties are zoned for commercial and multi-family development. Moderate Visibility WTS facilities are
permitted in the Community Commercial zone.
In February 2013, the Planning Commission conducted a public hearing concerning the amendments to Section 4.3-145 and voted unanimously to recommend that Council approve
the new WTS policies. Council adopted the amendments the following April.
Among the changes contained in the amendments was the requirement that all tower facilities be reviewed by the Planning Commission (or the Hearings Official for applications
outside of the city limits), regardless of the zoning district where they are proposed. Prior to the amendments, towers proposed for industrial districts or for locations zoned “Public Land
and Open Space,” were reviewed by staff without public notice.
Under the amended rules, there are minimum setbacks for towers from public streets and in some cases, applicants may be required to pay for peer review of tower proposals to verify
that gaps in service cannot be met through collocation or the use of less visually impactful technology.
The amended standards require staff notification of the City Council when tower
applications are received. The amendments the Council elevate applications for their direct review if they vote to do so. Council was notified of the application and as of this writing,
they have not acted to elevate the New Cingular application for their review.
Staff will review the applicable approval criteria for WTS facilities with the Commission in preparation for their review of the New Cingular application.
Approval Criteria for WTS Facility Applications
SDC 4.3-145 G, H, I
I. Approval Criteria.
1. Low Visibility and Stealth WTS Facility Applications. The Director shall approve
the low visibility and stealth WTS facility applications upon a determination that the
applicable standards specified in Subsection F. and the submittal requirements specified
in Subsection G. are met.
2. Moderate and High Visibility WTS Facility Applications. The Approval Authority
shall approve moderate visibility and high visibility WTS facility applications upon a
determination that the applicable standards specified in Subsection F. and the
submittal requirements specified in Subsection G. are met. Through the Discretionary
Use review, the Approval Authority shall also determine if there are any impacts of the
proposed WTS facility on adjacent properties and on the public that can be mitigated
through application of other Springfield Development Code standards or conditions of
approval as specified in Subsection J.
F. General Standards. The Federal Telecommunications Act of 1996 establishes limitations
on the siting standards that local governments can place on WTS facilities. Section 704 of the Act
states that local siting standards shall not:
1) “unreasonably discriminate among providers of functionally equivalent services”
2) “prohibit or have the effect of prohibiting the provision of personal wireless services.”
All applications for WTS facilities are subject to the standards in this Section to the extent that
they do not violate Federal limitations on local siting standards. Where application of the
standards found in this Section constitutes a violation, the least intrusive alternative for
providing coverage shall be allowed as an exception to the standards.
1. Design for Co-Location. All new towers shall be designed to structurally
accommodate the maximum number of additional users technically practicable.
2. Demonstrated Need for New WTS Facilities. Applications shall demonstrate that
the proposed WTS facility is necessary to close a significant gap in service coverage or
capacity for the carrier and is the least intrusive means to close the significant gap.
3. Lack of Coverage and Lack of Capacity. The application shall demonstrate that
the gap in service cannot be closed by upgrading other existing facilities. In doing so,
evidence shall clearly support a conclusion that the gap results from a lack of coverage
and not a lack of capacity to achieve adequate service. If the proposed WTS facility is to
improve capacity, evidence shall further justify why other methods for improving service
capacity are not reasonable, available or effective.
Attachment 1, Page 1 of 9
4. Identify the Least Intrusive Alternative for Providing Coverage. The application
shall demonstrate a good faith effort to identify and evaluate less intrusive alternatives,
including, but not limited to, less sensitive sites, alternative design systems, alternative
tower designs, the use of repeaters, or multiple facilities. Subsection F.5. defines the
type of WTS facilities that are allowed in each zoning district.
5. Location of WTS Facilities by Type. Subsection E. defines various types of WTS
facilities by their visual impact. These are: high visibility, moderate visibility, low visibility
and stealth facilities. Table 4.3-1 lists the type of WTS facilities allowed in each of
Springfield’s zoning districts.
Table 4.3-1
Zoning Districts Types Allowed
Special Heavy Industrial High visibility
Heavy Industrial Moderate visibility
Light-Medium Industrial Low visibility
Quarry Mining Operations Stealth
Community Commercial Low visibility
Campus Industrial Moderate visibility
Booth Kelly Mixed Use Stealth
Major Retail Commercial
Mixed Use Employment
Mixed Use Commercial
Medical Service
Neighborhood Commercial Low visibility
General Office Stealth
Low Density Residential
Medium Density Residential
High Density Residential
Mixed Use Residential
Public Land and Open Space
6. Maximum Number of High Visibility WTS Facilities. No more than 1 high visibility
facility is allowed on any 1 lot/parcel.
EXCEPTION: The Approval Authority may approve exceeding the maximum number of
high visibility facilities per lot/parcel if one of the following findings is made:
a. Co-location of additional high visibility facilities is consistent with
neighborhood character;
b. The provider has shown that denial of an application for additional high
visibility WTS facilities would have the effect of prohibiting service because the
proposed facility would fill a significant gap in coverage and no alternative
locations are available and technologically feasible; or
Attachment 1, Page 2 of 9
c. The provider has shown that denial of an application for additional high
visibility WTS facilities would unreasonably discriminate among providers of
functionally equivalent services.
7. Separation between Towers. No new WTS tower may be installed closer than
2,000 feet from any existing or proposed tower unless supporting findings can be made
under Subsections F.2., 3. and 4. by the Approval Authority.
8. WTS Facilities Adjacent to Residentially Zoned Property. In order to ensure
public safety, all towers located on or adjacent to any residential zoning district shall be
set back from all residential property lines by a distance at least equal to the height of
the facility, including any antennas or other appurtenances. The setback shall be
measured from that part of the WTS tower that is closest to the neighboring
residentially zoned property.
9. Historic Buildings and Structures. No WTS facility shall be allowed on any
building or structure, or in any district, that is listed on any Federal, State or local
historic register unless a finding is made by the Approval Authority that the proposed
facility will have no adverse effect on the appearance of the building, structure, or
district. No change in architecture and no high or moderate visibility WTS facilities are
permitted on any building or any site within a historic district. Proposed WTS facilities in
the Historic Overlay District are also subject to the applicable provisions of Section 3.3-
900.
10. Equipment Location. The following location standards shall apply to WTS
facilities:
a. No WTS facility shall be located in a front, rear, or side yard building
setback in any base zone and no portion of any antenna array shall extend
beyond the property lines;
b. Where there is no building, the WTS facility shall be located at least 30
feet from a property line abutting a street;
c. For guyed WTS towers, all guy anchors shall be located at least 50 feet
from all property lines.
11. Tower Height. Towers may exceed the height limits otherwise provided for in
this Code. However, all towers greater than the height limit of the base zone shall
require Discretionary Use approval through a Type III review process, subject to the
approval criteria specified in Subsection I.
12. Accessory Building Size. All accessory buildings and structures built to contain
equipment accessory to a WTS facility shall not exceed 12 feet in height unless a greater
height is necessary and required by a condition of approval to maximize architectural
integration. Each accessory building or structure located on any residential or public
land and open space zoned property is limited to 200 square feet, unless approved
through the Discretionary Use process.
Attachment 1, Page 3 of 9
13. Visual Impact. All WTS facilities shall be designed to minimize the visual impact
to the greatest extent practicable by means of placement, screening, landscaping, and
camouflage. All facilities shall also be designed to be compatible with existing
architectural elements, building materials, and other site characteristics. The applicant
shall use the least visible antennas reasonably available to accomplish the coverage
objectives. All high visibility and moderate visibility facilities shall be sited in a manner to
cause the least detriment to the viewshed of abutting properties, neighboring
properties, and distant properties.
14. Minimize Visibility. Colors and materials for WTS facilities shall be nonreflective
and chosen to minimize visibility. Facilities, including support equipment and buildings,
shall be painted or textured using colors to match or blend with the primary
background, unless required by any other applicable law.
15. Camouflaged Facilities. All camouflaged WTS facilities shall be designed to
visually and operationally blend into the surrounding area in a manner consistent with
existing development on adjacent properties. The facility shall also be appropriate for
the specific site. In other words, it shall not “stand out” from its surrounding
environment.
16. Façade-Mounted Antenna. Façade-mounted antennas shall be architecturally
integrated into the building design and otherwise made as unobtrusive as possible. If
possible, antennas shall be located entirely within an existing or newly created
architectural feature so as to be completely screened from view. Façade-mounted
antennas shall not extend more than 2 feet out from the building face.
17. Roof-Mounted Antenna. Roof-mounted antennas shall be constructed at the
minimum height possible to serve the operator’s service area and shall be set back as far
from the building edge as possible or otherwise screened to minimize visibility from the
public right-of-way and adjacent properties.
18. Compliance with Photo Simulations. As a condition of approval and prior to final
staff inspection of the WTS facility, the applicant shall submit evidence, e.g., photos,
sufficient to prove that the facility is in substantial conformance with photo simulations
provided with the initial application. Nonconformance shall require any necessary
modification to achieve compliance within 90 days of notifying the applicant.
19. Noise. Noise from any equipment supporting the WTS facility shall comply with
the regulations specified in OAR 340-035-0035.
20. Signage. No signs, striping, graphics, or other attention-getting devices are
permitted on any WTS facility except for warning and safety signage that shall:
a. Have a surface area of no more than 3 square feet;
b. Be affixed to a fence or equipment cabinet; and
Attachment 1, Page 4 of 9
c. Be limited to no more than 2 signs, unless more are required by any
other applicable law.
21. Traffic Obstruction. Maintenance vehicles servicing WTS facilities located in the
public or private right-of-way shall not park on the traveled way or in a manner that
obstructs traffic.
22. Parking. No net loss in required on-site parking spaces shall occur as a result of
the installation of any WTS facility.
23. Sidewalks and Pathways. Cabinets and other equipment shall not impair
pedestrian use of sidewalks or other pedestrian paths or bikeways on public or private
land.
24. Lighting. WTS facilities shall not include any beacon lights or strobe lights, unless
required by the Federal Aviation Administration (FAA) or other applicable authority. If
beacon lights or strobe lights are required, the Approval Authority shall review any
available alternatives and approve the design with the least visual impact. All other site
lighting for security and maintenance purposes shall be shielded and directed
downward, and shall comply with the outdoor lighting standards in Section 4.5-100,
unless required by any other applicable law.
25. Landscaping. For WTS facilities with towers that exceed the height limitations of
the base zone, at least 1 row of evergreen trees or shrubs, not less than 4 feet high at
the time of planting, and spaced out not more than 15 feet apart, shall be provided in
the landscape setback. Shrubs shall be of a variety that can be expected to grow to form
a continuous hedge at least 5 feet in height within 2 years of planting. Trees and shrubs
in the vicinity of guy wires shall be of a kind that would not exceed 20 feet in height or
would not affect the stability of the guys. In all other cases, the landscaping, screening
and fence standards specified in Section 4.4-100 shall apply.
26. Prohibited WTS Facilities.
a. Any high or moderate visibility WTS facility in the Historic Overlay
District.
b. Any WTS facility in the public right-of-way that severely limits access to
abutting property, which limits public access or use of the sidewalk, or which
constitutes a vision clearance violation.
c. Any detached WTS facility taller than 150 feet above finished grade at
the base of the tower.
27. Speculation. No application shall be accepted or approved for a speculation WTS
tower, i.e., from an applicant that simply constructs towers and leases tower space to
service carriers, but is not a service carrier, unless the applicant submits a binding
written commitment or executed lease from a service carrier to utilize or lease space on
the tower.
Attachment 1, Page 5 of 9
G. Application Submittal Requirements. All applications for a WTS facility shall provide the
following reports, documents or documentation:
1. Submittal Requirements for Low Visibility and Stealth Facilities (Type I review).
All applications for low visibility and stealth WTS facilities shall submit the following
reports and documentation:
a. Narrative. The application shall include a written narrative that
describes in detail all of the equipment and components proposed to be part of
the WTS facility, including, but not limited to, towers, antennas and arrays,
equipment cabinets, back-up generators, air conditioning units, lighting,
landscaping and fencing.
b. Geographic Service Area. The applicant shall identify the geographic
service area for the proposed WTS facility, including a map showing all of the
applicant’s and any other existing sites in the local service network associated
with the gap the facility is meant to close. The applicant shall describe how this
service area fits into and is necessary for the service provider’s service network.
The service area map for the proposed WTS facility shall include the following:
i. The area of significant gap in the existing coverage area;
ii. The service area to be effected by the proposed WTS facility;
iii. The locations of existing WTS tower facilities where co-location
is possible within a 5-mile radius of the proposed WTS facility.
c. Co-Location. An engineer’s analysis/report of the recommended site
location area is required for the proposed WTS facility. If an existing structure
approved for co-location is within the area recommended by the engineer’s
report, reasons for not collocating shall be provided demonstrating at least one
of the following deficiencies:
i. The structure is not of sufficient height to meet engineering
requirements;
ii. The structure is not of sufficient structural strength to
accommodate the WTS facility, or there is a lack of space on all suitable
existing towers to locate proposed antennas;
iii. Electromagnetic interference for one or both WTS facilities will
result from co-location; or
iv. The radio frequency coverage objective cannot be adequately
met.
Attachment 1, Page 6 of 9
d. Plot Plan. A plot plan showing: the lease area, antenna structure, height
above grade and setback from property lines, equipment shelters and setback
from property lines, access, the connection point with the land line system, and
all landscape areas intended to screen the WTS facility.
e. RF Emissions. An engineer’s statement that the RF emissions at grade,
or at nearest habitable space when attached to an existing structure, complies
with FCC rules for these emissions; the cumulative RF emissions if co-located.
Provide the RF range in megahertz and the wattage output of the equipment.
f. Description of Service. A description of the type of service offered
including, but not limited to: voice, data, video and the consumer receiving
equipment.
g. Provider Information. Identification of the provider and backhaul
provider, if different.
h. Zoning and Comprehensive Plan Designation. Provide the zoning and
applicable comprehensive plan (e.g., Metro Plan, 2030 Springfield Refinement
Plan) designation of the proposed site and the surrounding properties within
500 feet.
i. FCC, FAA or Other Required Licenses and Determinations. Provide a
copy of all pertinent submittals to the FCC, FAA or other State or Federal
agencies including environmental assessments and impact statements, and
data, assumptions, calculations, and measurements relating to RF emissions
safety standards.
2. Submittal Requirements for Moderate and High Visibility Facilities (Type III
Review). Applications for moderate and high visibility WTS facilities shall require all of
the required materials for low visibility and stealth WTS facilities specified in Subsection
G.1. In addition to the applicable Site Plan and Discretionary Use application
requirements, WTS applications shall require the applicant to address the following:
a. Height. Provide an engineer’s diagram showing the height of the WTS
facility and all of its visible components, including the number and types of
antennas that can be accommodated. Carriers shall provide evidence that
establishes that the proposed WTS facilities are designed to the minimum
height required from a technological standpoint to meet the carrier’s coverage
objectives. If the WTS facility tower height will exceed the height restrictions of
the applicable base zone, the narrative shall include a discussion of the physical
constraints, e.g., topographical features, making the additional height
necessary. The narrative shall include consideration of the possibility for design
alternatives, including the use of multiple sites or microcell technology that
would avoid the need for the additional height for the proposed WTS facility.
Attachment 1, Page 7 of 9
b. Construction. Describe the anticipated construction techniques and
timeframe for construction or installation of the WTS facility to include all
temporary staging and the type of vehicles and equipment to be used.
c. Maintenance. Describe the anticipated maintenance and monitoring
program for the antennas, back-up equipment, and landscaping.
d. Noise/Acoustical Information. Provide the manufacturer’s specifications
for all noise-generating equipment including, but not limited to, air conditioning
units and back-up generators, and a depiction of the equipment location in
relation to abutting properties.
e. Landscaping and Screening. Discuss how the proposed landscaping and
screening materials will screen the site at maturity.
f. Co-Location. In addition to the co-location requirements specified in
Subsection G.1.c., the applicant shall submit a statement from an Oregon
registered engineer certifying that the proposed WTS facility and tower, as
designed and built, will accommodate co-locations, and that the facility
complies with the non-ionizing electromagnetic radiation emission standards as
specified by the FCC. The applicant shall also submit:
i. A letter stating the applicant’s willingness to allow other carriers
to co-locate on the proposed facilities wherever technically and
economically feasible and aesthetically desirable;
ii. A copy of the original Site Plan for the approved existing WTS
facility updated to reflect current and proposed conditions on the site;
and
iii. A depiction of the existing WTS facility showing the proposed
placement of the co-located antenna and associated equipment. The
depiction shall note the height, color and physical arrangement of the
antenna and equipment.
g. Lease. If the site is to be leased, a copy of the proposed or existing lease
agreement authorizing development and operation of the proposed WTS
facility.
h. Legal Access. The applicant shall provide copies of existing or proposed
easements, access permits and/or grants of right-of-way necessary to provide
lawful access to and from the site to a City street or a State highway.
i. Lighting and Marking. Any proposed lighting and marking of the WTS
facility, including any required by the FAA.
j. Utilities. Utility and service lines for proposed WTS facilities shall be
placed underground.
Attachment 1, Page 8 of 9
k. Alternative Site Analysis. The applicant shall include an analysis of
alternative sites and technological design options for the WTS facility within and
outside of the City that are capable of meeting the same service objectives as
the proposed site with an equivalent or lesser visual or aesthetic impact. If a
new tower is proposed, the applicant shall demonstrate the need for a new
tower, and why alternative locations and design alternatives, or alternative
technologies including, but not limited to microcells and signal repeaters,
cannot be used to meet the identified service objectives.
l. Visual Impact Study and Photo Simulations. The applicant shall provide a
visual impact analysis showing the maximum silhouette, viewshed analysis,
color and finish palette, and screening for all components of the proposed WTS
facility. The analysis shall include photo simulations and other information
necessary to determine visual impact of the facility as seen from multiple
directions. The applicant shall include a map showing where the photos were
taken.
3. Independent Consultation Report.
a. Review and approval of WTS facilities depends on highly specialized
scientific and engineering expertise not ordinarily available to Springfield staff
or to residents who may be adversely impacted by the proposed development
of these facilities. Therefore, in order to allow the Approval Authority to make
an informed decision on a proposed WTS facility, the Director may require the
applicant to fund an independent consultation report for all new moderate and
high visibility facilities. The consultation shall be performed by a qualified
professional with expertise pertinent to the scope of the service requested.
b. The scope of the independent consultation shall focus on the applicant’s
alternatives analysis. The consultant will evaluate conclusions of applicant’s
analysis to determine if there are alternative locations or technologies that were
not considered or which could be employed to reduce the service gap but with
less visual or aesthetic impact. There may be circumstances where this scope
may vary but the overall objective shall be to verify that the applicant’s proposal
is safe and is the least impactful alternative for closing the service gap.
c. The applicant shall be informed of the Director’s decision about the
need for an independent consultation at the time of the Pre-Submittal Meeting
that is required under Section 5.1-120C. It is anticipated that the independent
consultation will be required when the applicant proposes to locate a moderate
or high visibility WTS facility in a residential zoning district or within 500 feet of
a residential zoning district. Other instances where a proposed WTS facility may
have a visual or aesthetic impact on sensitive neighborhoods could also prompt
the Director to require an independent consultation.
Attachment 1, Page 9 of 9