EC9.5750(7)(b)(5), and does not conflict with it, this section applies fully to the <br />current application. <br /> <br />The critical issue with this application is its location within an entirely residential <br />neighborhood. As such, the area is especially sensitive to the physical height of <br />the proposed tower. The maximum building height in the R-1 zone is 30 feet (per <br />Table 9.2750 Residential Zone Development Standards). Disguising a building by <br />painting it green or adding artificial branches to the outside of the building <br />would still not allow a building to be constructed beyond this height limit and <br />certainly not at 75 feet. <br /> <br />The applicant has failed demonstrate that a structure 75 feet in height is <br />compatible with residential neighborhood with a 30-foot height limitation. Efforts <br />by the applicant to disguise the tower as an artificial tree will not hide the <br />obvious fact that it is a transmission tower from surrounding property owners. A <br />tower of this scale is inherently incompatible with the immediately surrounding <br />residential neighborhood. In order for the mass and scale of the tower to be <br />reasonably compatible and have minimal impact, it would need to be contained <br />entirely within a structure that is dimensionally consistent with the zoning and <br />building codes for the R-1 zone. <br /> <br /> <br />(7) The proposal does not create any significant risk to public health and <br />safety, including but not limited to soil erosion and flood hazard, or an <br />impediment to emergency response. <br /> <br />While Section 704 of the Telecommunications Act of 1996 states that personal <br />wireless service facilities may not be regulated on the basis of the environmental <br />effects of radio frequency emissions, this section of Eugene Code preserves <br />some consideration of significant public health and safety risks. <br /> <br />Due to the precarious location of this proposal, it places undue health and safety <br />risks on a very vulnerable segment of the population: elementary school children. <br />The proposed cell tower site is directly across the street and approximately 1000 <br />feet from the Parker Elementary School site which will be occupied by 350 <br />students from the Charlemagne Elementary School starting this fall. These <br />children, ages 5 to 11 years old, will be involuntarily subjected to 6 hours of daily <br />exposure to cell tower radiation for up to 6 years. As shown in the following <br />figure, Ridgeline Elementary School would be within 1500 feet of the proposed <br />tower, Spencer Butte MS would be 2200 feet away, and Edgewood Elementary <br /> <br />Fodor & Associates - Page 10 <br />