The testimony further asserts that the proposal also does not meet the variance criteria in that the <br />proposal doesn't meet the threshold of "obviating the need for compliance". The testimony notes <br />that landscaping is not proposed completely around the facility and a 100 percent screen would take <br />years to achieve and that noise impacts will also occur. These issues are addressed in the findings <br />below. <br />The applicant includes three design components in response to the variance criteria (i.e. the proposed <br />landscaping as shown in the plans, the addition of wooden slats or a wooden fence surrounding the <br />equipment and the proximity to the existing building). As conditioned, the applicant's landscaping <br />proposal will completely obscure the view of the equipment (see Sheets A-1 and L-1) by providing <br />arborvitae spaced 3-feet on center. Additionally, the configuration of the building obscures views of <br />the equipment from the south. Mature trees and required future plantings are shown on Sheet L-1 <br />and discussed at EC 9.8320(3). As noted in the testimony, until landscaping matures, equipment will, <br />be visible. The applicant notes that "the fencing around the equipment can be modified with wooden <br />slats or the construction of an entirely wood fence". This modification would provide a complete, site <br />obscuring screen around the ancillary facilities. This, combined with the proposed landscaping (25 <br />arborvitae, 3 oak trees), configuration of the site (building will screen ancillary facilities to the south) <br />and mature trees (see existing 22 trees on Sheet L-1) surrounding the site, obviate the need for <br />compliance with the undergrounding requirement. The following condition is warranted to ensure <br />complete screening of equipment: <br />Prior to final PUD approval, Sheet A-2 shall be modified to show the fence around the ancillary <br />equipment to be 100 percent site-obscuring and be constructed out of wood or chain link with <br />wooden slats. <br />Noise from ancillary facilities, as discussed elsewhere in this report, is below the standard decibel <br />level. The requirement for wooden slats or fence will further reduce the noise level obviating the need <br />for undergrounding. <br />As such, with the condition to ensure the wooden slats or a wooden fence are installed, the variance <br />is warranted in accordance with subsection 8 and 9 above. <br />(10) Removal of Facilities. <br />(a) All transmission towers and antennas shall be removed by the person who <br />constructed the facility, by the person who operates the facility, or by the property <br />owner, within 6 months of the time that the facilities have ceased being used to <br />transmit, receive or relay voice and data signals to or from wireless communication <br />devices. The city manager may grant a 6-month extension where a written request <br />has been filed, within the initial 6-month period, to reuse the tower or antennas. <br />(b) If a transmission tower is located within an R-1, PL, C-1 or GO zone, the provisions <br />of subparagraph (a) also shall apply to the tower substructure and all above ground <br />ancillary facilities. <br />(c) The city may require the posting of an open ended bond before development <br />permit issuance to insure removal of the transmission tower, substructure or <br />antennas after the facility no longer is being used. <br />Staff Report <br />(PDT 10-2 & CU 11-1) June 2011 28 <br />HO Agenda -Page 1 <br />