Planning Commission Agenda and Packet 2009 02 12

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structures." An ATS can be an effective way to mitigate the visual impact of new CMRS facilities. Sprint Nextel currently has their cellular equipment located on the roof of building 2A on the ConocoPhillips property. ConocoPhillips is in the process of demolishing all of the existing structures on the property, including building 2A; therefore Sprint Nextel must find an alternative location for their cell equipment. According to the letter of intent in the application, the applicant has stated that the ATS will act as a temporary solution for cell equipment placement until ConocoPhillips has constructed a new building in the immediate location. However, it is unknown at this point when the new structure will be constructed. Staff recommends this ATS be reviewed as a permanent structure. The proposed ATS will be located adjacent to pond #1, which is the northern most pond located on the property. The attached site plan delineates the proposed location, which would be within a stand of existing cottonwood trees. The pond area is located approximately 1,300 feet from Campus Drive (to the north); 2,000 feet from the intersection of Health Park Drive and Campus Drive (to the northwest); 1,300 feet from South 88th Street (west); 900 feet from US 36; and 3,600 feet from South 96th Street (east). PROPOSAL: Antenna Design The applicant has included two alternative designs for the proposed ATS. Both design concepts have been included in the submittal packet. The first design shows a monopole to be designed to look like a pine tree, also known as a "monopine". The proposed monopine is a good example of an ATS, based on the ATS definition included in Section 17.08.022. The monopine raises two issues with staff: the monopine might look out of place if designed as a pine tree, in that the existing trees in the tree stand are primarily deciduous trees; and there is also a concern about nesting in the monopine. The Parks & Recreation Department consulted ERO Resources, who in turn consulted ConocoPhillips and Sprint. Sprint technicians reported that they have not seen nesting occur in the 20 or so monopines they have installed and worked with over the past five years. Also, a monopine requires very little maintenance and if needed a man lift would be used. ERO Resources added that since there is little maintenance there should be little impact to nesting birds. If a migratory bird species (not including house sparrows and house finch, etc.) does take up residence within the tower then it is incumbent on the communications company to comply with MBTA (Migratory Bird Treaty Act) by removing the nest in the non -nesting season. The Parks and Recreation Department recommends language in the application referring to compliance with MBTA in the event that a nesting conflict should arise. 2