Background/Summary:
The applicant, Shaw and Associates on behalf of Verizon Wireless, is proposing to erect a 65-foot wireless communications facility, disguised as a pine tree, at Peoria Elementary School. The proposed facility would occupy approximately 900 square feet behind the backstop of the baseball field which is centrally located on the school parcel. The elementary school is located at the northeast corner of 79th Avenue and Cholla Street.
On December 15, 2016, the Planning and Zoning Commission approved a Conditional Use Permit to allow a 65-foot wireless communication facility disguised as a pine tree. The mono-pine would be located behind the backstop of the baseball field on the Peoria Elementary School site.
Pursuant to Section 14-39-10.H of the Zoning Ordinance, any member of the public, including the applicant, may appeal a decision of the Planning and Zoning Commission to the City Council.
Such appeal must be filed within 15 calendar days of the date of the hearing with the Planning and Community Development Department. Staff has received a letter of appeal from a resident located to the northeast of the elementary school parcel (Exhibits 3 and 4).
If the decision is appealed, the Mayor and Council make the final determination to reverse, modify, or affirm the Planning and Zoning Commission’s decision pursuant to Section 14-39-10.H-2 of the Zoning Ordinance. The Council shall base its decision on the review criteria stipulated in the Zoning Ordinance, applicable law, the written findings previously issued by the Planning and Zoning Commission, and guidelines promulgated by the Planning and Community Department.
Conditional Use Permit – Review Criteria
Pursuant to Section 14-39-10.E, Conditional Use Permits must be reviewed against the following decision criteria:
- Whether the use is designated as a permitted Conditional Use within the zoning district in which the property is located.
- Whether the use meets the locational and development standards provisions, as applicable for the Conditional or Special Use Permit, for the zoning district in which the property is located.
- Whether the use is consistent with the goals, policies, and intent of the General Plan and any adopted Specific Plan applicable to the site where the proposed use is located.
- Whether the use is consistent with documentation and recommendations provided by reviewing City Departments.
- Whether the use complies with all applicable city codes, standards, and guidelines governing such use.
- Whether the use will be materially detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the property, to the neighborhood, or to the public welfare; or if the use will unreasonably interfere with the use and enjoyment of nearby properties. Consideration shall include, but not be limited to the following factors:
a. Damage or nuisance arising from noise, smoke, odor, dust vibration, or illumination;
b. Impact on surrounding areas resulting from an unusual volume or character of traffic;
c. Ingress and egress to the property and proposed structures;
d. Pedestrian and vehicular circulation with particular reference to fire protection;
e. Parking and loading; and
f. Impact on public services, including schools, utilities, and recreation.
- The Planning Manager shall not approve or recommend approval of any Conditional Use Permit unless the Department has received a Waiver of Proposition 207 from the Owner(s) of the property that is the subject of the Conditional Use Permit or has determined that the absence of such Waiver of Proposition 207 is consistent with the City’s General Plan and Zoning goals and regulations.
Planning and Zoning Commission Public Hearing (December 15, 2016)
In the staff report to the Planning and Zoning Commission, staff found that the proposed use is consistent with the allowances for a wireless communication facility as identified in Section 14.3.13 of the City of Peoria Zoning Ordinance.
As outlined in the report and presentation to the Planning and Zoning Commission Section 14.3.13.C of the City of Peoria Zoning Ordinance allows wireless communication facilities up to 65 feet in height when located within a residential district if all setback criteria are met. The proposed facility would comply with this maximum limitation under the Conditional Use Permit and would provide setbacks beyond minimum requirements.
Section 14-39-6 of the City of Peoria Zoning Ordinance requires a Notice of Application and Notice of Hearing to be provided to each owner of real property within six hundred (600) feet of the subject site, along with home owner's association's within one (1) mile, as well as publication in the Peoria Times and on-site posting. As a requirement of this Conditional Use Permit application, a citizen participation component was required.
A neighborhood meeting was held at Peoria Elementary School on October 24, 2016 at 6:00pm. There were six (6) neighborhood residents in attendance at this meeting as well as a representative from the school district and the principal of the school. The applicant provided an overview of the project and began discussing questions from the residents. The focus of the resident inquiries and concerns involved the radio frequency (RF) emissions from the proposed structure to the surrounding residential area, and the school buildings and ball fields. It was also identified that the height and appearance of the structure presented concerns, and that the culmination of these factors would impact to home values.
Section 332(c)(7) of the Federal Communications Act prohibits local authorities from regulating or denying an application directly or indirectly on the basis of radio frequency (RF) emissions. As a result the City's review or action of the application must be based on the evaluation criteria identified within the Zoning Ordinance rather than evaluating the application as it relates to RF emissions. The proposed structure meets height and setback limitation requirements as identified within Section 14.3.13 of the City of Peoria Zoning Ordinance and provides concealment that is in character with the surrounding environment landscaping on site. Additionally property value is not among the criteria for the evaluation of an application.
As of the day of the Planning and Zoning Commission Hearing, staff received communication from three (3) individuals who identified opposition related to the proposed wireless communication facility. The points of opposition identified related to health concerns from the RF emissions that would eminate from the facility as well as the visual for and proximity to the residential homes surrounding the school site.
Appeal of the Planning and Zoning Commission Action
Staff received a letter of appeal of the Planning and Zoning Commission's December 15, 2016 decision to approve the subject request. The appeal was received in accordance with Section 14-39-12.H of the City of Peoria Zoning Ordinance. The focal point of the appeal identified that the application was not fully evaluated during the Planning and Zoning Commission Hearing. The appellant identified to City staff that he would provide a list of inquiry items for response by the applicant prior to the appeal hearing. At the time of this report no such inquiries were submitted to City staff.