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  AGENDA ITEM: 6.       
Planning & Zoning Commission
Meeting Date: 03/06/2018  
Requested by: Bayer Vella
Submitted By: Rosevelt Arellano, Community Development & Public Works
Case Number: OV1800362

SUBJECT:
PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A CONDITIONAL USE PERMIT TO ALLOW TUCSON ELECTRIC POWER TO REPLACE EXISTING UTILITY POLES ON THE SOUTH SIDE OF TANGERINE ROAD, BETWEEN SHANNON ROAD AND COPPER MOUNTAIN DRIVE, OV1800362
RECOMMENDATION:
Staff recommends approval of the proposed Conditional Use Permit
EXECUTIVE SUMMARY:
The applicant requests a Conditional Use Permit (CUP) to replace existing utility poles on the south side of Tangerine Road. The intent of the replacement poles is to support heavier pole mounted equipment and future service demands in the Rancho Vistoso area.

The application (Attachment 1) proposes the following:
  • Changing out a 3.5 mile segment of existing utility poles on the south side of Tangerine Road
    • Starts: TEP substation in Rancho Vistoso (1/2 mile west of 1st Ave)
    • Ends: Town’s western boundary (Shannon Road)
  • Replacing 32 wooden and steel poles with all-weathered steel poles
  • Increasing the overall pole height from 68’ to 74’
The Zoning Code requires applicants to obtain a CUP before replacing utility poles over 600’ feet in length. The primary focus of the review is to ensure that the proposed poles do not significantly impact the existing views. A CUP requires a recommendation by the Planning and Zoning Commission and a Town Council decision.
BACKGROUND OR DETAILED INFORMATION:
The project site is within the established right-of-way located within the Town boundaries. The existing land uses for the site and the surrounding area are depicted in Attachment 2.

Approvals to Date
  • 1986, 1994 and 2002: Annexation into the Town of Oro Valley
Existing Site Conditions

The subject property consists of multi-lane roadways with the following:
  • 32 wooden and steel poles
  • Pole heights ranging from 51’ to 68’
  • Pole diameters are 18” (wooden) or 31” (steel)
  • Multiple above ground utility lines
Proposed Improvements
  • Replace existing poles with 32 all-weathered steel poles
  • Pole heights ranging from 56’ to 74’
  • Pole diameters ranging from 24.66” to 37”
  • Color is weathered steel to mimic a wooden pole
  • Pole mounted equipment
Zoning Code Analysis

The Conditional Use Permit (CUP) Review Criteria contained in Section 22.5 provide the primary guidance for evaluating conditional uses. CUP’s may be granted based on consideration of the following criteria shown in italics, followed by staff commentary:

That the granting of such conditional use permit will not be materially detrimental to public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following:

1.  Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination;  

The proposed poles do not create noise, smoke, odor, dust, vibration or illumination.
 
2.  Hazard to persons and property from possible explosion, contamination, fire or flood;  

The proposed replacement poles and existing wires will conform with national safety standards, therefore, reducing the risk of any potential hazards associated with electricity.

3.  Hazard occasioned by unusual volume or character of traffic.  

The proposed poles do not increase or affect the volume of traffic in the area.

4.  That the characteristics of the proposed use are reasonably compatible with the types of use permitted in the surrounding area and sufficient mitigation measures are employed to minimize impact on adjoining properties. 

Staff Commentary: The proposed replacement poles are compatible with the surrounding area because 1) they will be installed in the same general location as the existing poles 2) it is difficult for the naked eye to distinguish the taller replacement poles when the existing poles are already high from the ground and 3) the proposed poles will have a tapered design and look like wooden poles to reduce visual impacts. Photo simulations of the proposed replacement poles are provided in Attachment 3.

5. That the proposed use is consistent with the goals and policies of the General Plan. 

The proposed replacement poles will be located in the same general location as the existing poles, and will be designed in a manner that reduces visual impacts on the surrounding homes. For these reasons, the request is consistent with the applicable goals and policies of the general plan related to view preservation and utility services. The following is staff’s analysis of the applicant’s request with the applicable goals and policies in italics, followed by staff commentary.
  • Policy SD.6. Protect scenic corridors, public parks and trail view sheds, and the distinctive visual character and visual appeal of Oro Valley. 
  • Policy I.2. Consider aesthetics and visual impacts of utilities and infrastructure during the planning, design or upgrade process, to the extent reasonably possible. 
The applicant’s request will not have a significant visual impact on the surrounding homes as the proposed replacement poles will be located in the same general location as the existing poles, and will be at a taller height that is difficult for the naked eye to distinguish.

The application states that it is cost prohibitive to underground the existing utility lines because 1) it cost three times more than the proposed replacement poles and 2) undergrounding the existing utility lines would shorten the life span of the equipment
  • Policy I.1. Accommodate community services and utilities that meet the larger community needs and goals.
The proposed replacement poles are intended to improve electrical services in the Rancho Vistoso area by allowing heavier pole mounted equipment and additional electrical capacity in accordance with national safety standards.
 
6.  That the hours of operation of the proposed use will not adversely impact neighboring properties. 

The criterion is not applicable to replacement poles.
 
In summary, the applicant’s proposal is consistent with the Conditional Use Permit evaluation criteria. A detailed Zoning Code analysis about standards specific to the CUP requirements for replacement poles is in Attachment 4.
 
Engineering
 
The Engineering Division does not have concerns with the proposal.Zoning Code Analysis.

PUBLIC PARTICIPATION:

Summary of Public Notice
 
Notice to the public was provided in accord with Town-adopted noticing procedures, which includes the following:
  • Letter to all property owners within 600 feet
  • Posting at Town Hall
  • All registered HOA’s
Neighborhood Meetings
 
A neighborhood meeting was held on January 24, 2018 with approximately seven (7) residents. The topics discussed at the meeting included existing and future improvements (e.g., voltage, electrical capacity, overhead wires, pole height, etc.), public health as it relates to electrical magnetic fields, and installing the existing utility lines underground. A copy of the neighborhood meeting summary notes is included as Attachment 5.

RECOMMENDATION:

Based on the following findings:
  • The proposed replacement poles meet the Conditional Use Permit Review Criteria and Zoning Code requirements for utility lines.
  • The applicant’s request will not have a significant visual impact on the surrounding area for the following reasons:
  1. The replacement poles will be installed in the same general location as the existing utility poles.
  2. It is difficult for the naked eye to distinguish taller replacement poles when the existing poles are already high from the ground.
  3. The proposed poles will have a tapered design and will look like wooden poles to help reduce any visual impacts.
  4. The replacement poles will not be materially detrimental to the public health, safety or welfare as they will be installed in accordance with national safety standards as stated in the application.
It is recommended that the Planning and Zoning Commission take the following action:

Recommend approval to the Town Council of the requested Conditional Use Permit OV1800362.


 
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I move to recommend approval of the Conditional Use Permit to allow Tucson Electric Power to replace the existing utility poles on the south side of Tangerine Road between Copper Mountain Drive and Shannon Road, based on the finding that the proposal is consistent with the Conditional Use Permit Review Criteria.
 
OR
 
I move to recommend denial of the Conditional Use Permit to allow Tucson Electric Power to replace the existing utility poles on the south side of Tangerine Road between Copper Mountain Drive and Shannon Road, finding that _____________________.
Attachments
Attachment 1 - Application
Attachment 2 - Location Map
Attachment 3 - TEP Viewshed Analysis
Attachment 4 - Zoning Code Analysis
Attachment 5 - Neighborhood Meeting Summary


    

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