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Sams, Larkin, Huff, & Balli, represent Municipality Communication, LLC
Special Use - Construction, Operation and Maintenance of a 170’ Wireless Telecommunication Tower and Facility
LL 725 3215 New Macland Road
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Request special use approval for the construction, operation and maintenance of a 170’ wireless telecommunication tower and facility
Background:
The subject property is located at 3215 New Macland Road, north of the intersection at New Macland and Macedonia Road. The property area is 187,308 sq. ft. and 4.3 acres. Currently, the property is zoned Neighborhood Retail Commercial (NRC) and is within an area identified as Neighborhood Activity Center (NAC) in accordance with the Future Land Use Map. Properties surrounding the subject site are both residential and commercial establishments currently zoned Residential (R20) 20000 sq. ft. and Community Retail Commercial (CRC).
On May 26, 2017, Sams, Larkin, Huff, & Balli, represent Municipality Communication, LLC. filed an application to rezone the subject property for the construction, operation, and maintenance of a 170’ wireless telecommunication tower, equipment, and facility in accordance to Table 2-3 of section 2 for Towers and Wireless Telecommunications Facilities, which requires a special use for all wireless facilities.
The 4.3 acre site is a heavily wooded area. The proposed wireless telecommunication tower will be a one hundred and seventy (170) foot high, monopole with ground-mounted communications equipment and access to the facility on the site. Space for additional antenna arrays will be approximately ten (10) feet apart. The tower will be of sufficient diameter to accommodate up to (4) tenants; within an unmanned 6’ secure fenced compound.
The applicant also is proposing a 12’ wide gravel access driveway from New Macland Road of the subject property. The proposed 170’ monopole tower will be accessed from the south end of the boundary line of the property to New Macland Road via an easement across the owner’s property. The facility will be constructed on approximately 0.2296 acres of the 4.3 acre tract of land.
Staff notes that a rezoning request from NRC to CRC and a variance request to reduce the minimum ten foot wide landscape strip and to reduce the minimum distance to residential are being sought simultaneously with this special use request.
The applicant, Municipal Communications, LLC. is petitioning for a special use approval for the construction, operation and maintenance of a 170’ wireless telecommunication tower and facility. The city acquired the services of CityScape Consultants, Inc., to conduct an objective analysis of the new cell tower proposal and to assist the Commission in making the best recommendation to the City Council.
Analysis
Review Criteria Sec. 13-38. Criteria for Special Use Decisions.
Applications for special use shall provide a written analysis comparing the proposed action with the criteria in this section. The planning commission and the governing body will take into consideration these standards in making a recommendation and decision, respectively, on a special use application.
Assessment:
(a) Whether the proposed special use is consistent with the stated purpose of the zoning district in which it will be located;
The proposed zoning is Community Retail Commercial (CRC). If the property is rezoned to CRC, the proposed special use may be consistent with the zoning district. Care needs to be taken to ensure the impact to the surrounding property is minimized however possible. The independent report from CityScape Consultants, Inc. had in general, the following findings,
• The proposed facility, as specified, is justified due to technological reasons and is essential for the Applicant to provide its telecommunications service; and,
• The proposed facility will follow the guidelines of the Telecommunications Act of 1996, the Powder Springs Ordinance and all other pertinent rules and regulations.
Recommendations were included in their analysis to ensure consistency with the UDC.
(b) Whether the establishment of the special use will impede the normal and orderly development of surrounding property for uses predominate in the area;
Without the rezoning to CRC and the special use approval, this particular use of the property will not be permitted as part of the Community Retail Commercial District. However, staff notes that the proposed special use of a wireless tower and facility occupying the lot as a principal use potentially may impede future development indicated on the Future Land Use Map.
(c) Whether the location and character of the proposed special use are consistent with a desirable pattern of development in general;
The proposed special use must be in accordance with the City’s Comprehensive Plan and Future Land use Map. With the current zoning of NRC, the Future Land Use Map identifies the subject site consistent with a Neighborhood Activity Center. Staff notes that the special use approval will be inconsistent with the desirable method of future development in the Neighborhood Activity Center. Additionally, the proposed Comprehensive Plan identified this area as a development node consisting of commercial/retail and housing. The installation of the tower at this location will impact the pattern of development in the area.
(d) Whether the type of street providing access to the use is or will be adequate to serve the proposed special use;
The applicant is proposing a 12’ wide gravel access driveway from New Macland Road of the subject property. The proposed 170’ monopole tower will be accessed from the south end of the boundary line of the property to New Macland Road via an easement across the owner’s property. It is anticipated the there is adequate access to the site.
(e) Whether access into and out of the property is or will be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles;
New Macland Road is designated as an arterial road in the City’s Comprehensive Plan. The proposed tower and facility will be located toward the southern boundary of the property. The applicant intends to access to and from the tower and facility via a 20 feet wide easement across the owner’s property with access and utility easements by way of New Macland Road. The access road to the wireless tower and compound is adequate for emergency vehicles.
In addition, a six (6) foot high chain link fence and a 12’ wide heavy duty locked gate with barbered wired will secure the perimeter of tower and mechanical facility. The applicant does not expect that the FAA will require the Facility to be lighted.
The subject area will be unmanned. The only traffic anticipated are maintenance and improvements to the compound and towers as permitted.
(f) Whether public facilities such as schools, water or sewer utilities, and police or fire protection are or will be adequate to serve the special use;
According to the applicant, public facilities will be adequate to serve the proposed zoning district and uses permitted as is already established in the Community Activity Center according to Community Retail Commercial zoning. Additionally, since Powder Springs owns and maintains water and sewer facilities in public rights-of-way and public easements, there would be no infrastructure gain or loss.
(g) Whether refuse, service, parking and loading areas on the property will be located or screened to protect other properties in the area from such adverse effects as noise, light, glare or odor;
Sec. 4-415(c) regulates the visual impacts of a communication tower at the ground level be mitigated by landscaping. However, a variance is being requested to reduce the minimum ten foot wide landscape strip and shielding the base and accessory structures from public view and view from the surrounding properties.
(h) Whether the hours and manner of operation of the special use will have adverse effects on other properties in the area; and
According to the application once constructed, the Facility will be unmanned. Only quarterly site visits by maintenance technicians are anticipated. The Facility will not have water or sewer services and it will not generate any waster. The only utility connections required are electric and telephone services. The electricity demand of the Facility will be similar to that of a single-family residence. The facility will not create a significant demand for community services. In fact, the facility will provide a service to the community in the form of safe, reliable and uninterrupted 4G wireless service for use by the general public, emergency services personnel and others within this sub-area of the City of Powder Springs.
(i) Whether the height, size or location of the buildings or other structures on the property are or will be compatible with the height, size or location of buildings or other structures on neighboring properties.
The subject site is located on the east side of New Macland Road north of its intersection with Macedonia Road. For a while, the proposed 170 feet telecommunication tower will present a significant aesthetic impact. However, the proliferation of wireless communication towers and facilities are due to supply and demand of both customers and service providers’ expansion their networks.
According to the reports submitted with the application, cellular service coverage from the proposed new tower would have some overlap with existing cellular sites; however this is desirable to accomplish “hand-off” from one cell site / tower to the next as a subscriber using their mobile device travels from the area of one cell site to the next. While it is possible that other sites or properties near the proposed site could also be suitable tower locations, it is believed that the proposed site is the mode adequate.
Furthermore, by complying with FCC rules and regulations, this project should not be hazardous to the surrounding community. Moreover, regulations and requirements for siting of all wireless telecommunication equipment and facilities, microwave towers, common carrier towers, cellular, television and radio telecommunications towers and antennae are established in Section 4-415 in the UDC.
The recommendation by CityScape Consultants, Inc. recommends a lesser height of the tower, which will lessen the visual impact to surrounding areas.
Fiscal Impact:
The subject property is located along New Macland Road surrounded by both residential use and commercial permitted establishments. The existing water and sewer services will not require substantial additional services to serve the proposed use. Public facilities are adequate to serve the proposed commercial use. An increase in traffic flow to and from the site is not anticipated by this application.
RECOMMENDATION
Staff notes that the proposed application is not consistent with either the adopted or proposed Future Land Use Map, and does not meet all code requirements such as the requirement for the landscape buffer or the minimum distance to residential. As such, staff recommends denial on the current applications. However, should the Planning and Zoning Commission choose to recommend approval, staff recommends the following conditions:
1) All stipulations included in the letter from Garvis Sams dated June 7, 2017 (See Attachment A)
2) All conditions included in the Telecommunication Site Review from CityScape Consultants, Inc. dated August 7, 2017 (Attachment B).
4) The vacant residential structure is used only for commercial uses permitted in this zoning application.
5) The applicant provide documentation addressing the maintenance of vegetative screening to be by the tower owner and not the landowner, and showing the manner in which the property shall be reclaimed in the event the tower is removed.