Planning Commission - Regular Meeting

Steve, you there? Steve. Steve, run. You there, Steve? Heat. Heat.

D. Down. I will now call the April 15, 2026 planning commission meeting, regular meeting to order. Staff, roll call and posting, please.

Thank you. This meeting was posted in accordance to Nevada open meeting law. All members are present with the exception of member and member Rudd who are participating via teleconference. Thank you. Staff, do you have an announcement? Uh, thank you, Vice Chair Scott. So, for the record, at the request of the applicant, agenda item number four has been removed from the agenda tonight and will be considered at the planning commission meeting on May 20th. Thank you.

Please join me in standing and saying the pledge of allegiance. I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

We will now conduct the initial public comment period. Public comment during this portion of the agenda must be limited to matters on the agenda for action. Each person has three minutes to speak on the specific end agenda item. The public may call 702589 9629 to provide public comment. Seeing and hearing none, we will close the first public comment period. First item on the agenda is for possible action approval of the minutes of March 18, 2026 regular meeting. Do I have a motion?

I make a motion to approve. Do I have a second? Second. All in favor say I. I I I motion is approved unanimously.

Next is agenda item number two for possible action, a public hearing and consideration of an application for a conditional use permit to allow for a telecommunications tower at 891 Avenue B. Staff, your report.

Uh good evening, Vice Chairman Scott, members of the commission. Nikisha Lion, planning manager with the community development department. Uh before you tonight is agenda item number two again is a conditional use permit to allow for a telecommunications or cell tower on approximately 9.93 acres located at 891 Avenue B within the government park or GP zoning district. As you can see on the screen, the applicant vertical bridge on behalf of T-Mobile has identified this area for a new cell tower to address gaps in cell cellular connectivity um to improve service and network capacity in Boulder City. The applicant is proposing a 90 foot uh mono elm cell tower with associated ground equipment to be located on the city-owned property to the southeast of Whan Baseball Field is north of Adams Boulevard. As you can see on the drawing indicated in the box on the screen, the South Tower has been designed as a stealth facility uh engineered to resemble a natural elm tree to minimize uh visual impacts. The cell tower will be uh located in a fully uh fully enclosed area by um an 8 foot high uh CMU screen wall with gate access along Adams Boulevard. And you can see um the drawing of what the uh cell tower would look like also on the screen and in the agenda packet. As you may recall, in 2024, the city added the area in which the proposed cell tower will be developed to the land management process list. An appraisal uh by the city council was authorized and subsequently a request for proposal or RFP was issued and then awarded to the applicant to lease land from the city to construct the cell tower. Uh prior to execution of that lease agreement, zoning compliance must be established. So, chapter 16 of title 11, this regulates the government or Gzone and this includes a subzone uh

various subzones, one of which is the GP government park sub zone. While the GZ zone allows for certain public and quasi public uses, the GP sub zone is more restrictive and is intended primarily for park and recreational uses along with compatible uses such as open space and conservation areas. staff determined that a cell tower is not recreational in nature and does not directly support park activities. Although city code allows for public utility facilities in certain zones, it does not clearly define what a telecommunications tower is. Um nor does it clearly permit them within the GP zone. So due to this ambiguity, uh the community development director and city attorney determined that the appropriate path forward is to consider the use through a conditional use permit and that is authorized uh within city code, specifically section 11-20-2.A. Uh this is because the use is not explicitly permitted uh may not meet the intent of the GP zone and its classification as a public utility facility is unclear. So therefore, commission approval of a conditional use permit is required for the project to proceed forward. The justification narrative and modified uh site plan um and drawings associated with this dec uh request that's been included in the agenda packet uh starting on page 24. Uh per city code, the commission must evaluate each um conditional use permit application based on several factors to ensure that the proposed use aligns with adjacent uses and structures and will not be uh detrimental to the health, safety, morals, or the general welfare of the city. There's five criteria that's outlined in this particular section within city code for consideration by the commission uh which at minima must be found to be uh satisfactory as it applies to the permit. This includes consistency with the master plan and future land use map,

compatibility with adjacent uses and the character of the area. Uh that the design is not detrimental to health, safety or general welfare uh of the community, nor will the uses create nuisances to abuing property owners. Um and that adequate public facilities are available to serve the proposed use. And so further details regarding conformance with each of the criteria based on the applicant's response and then staff's analysis that is provided on pages 16 uh through 20 of the agenda packet. Just to summarize uh from the staff's analysis, the subject properties master plan future lane use designation uh is public and quasi public and that's similar to the majority of the properties within the immediate vicinity. The proposed cell tower functions as a public serving uh infrastructure similar to other utility facilities within the area. The use is compatible with the surrounding development as primarily uh it's surrounded by public and institutional uses uh with residential located to the south and the cell tower's design and height are comparable to existing utility uh infrastructure within the area. The proposed cell tower is designed to minimize impacts. the tower will be uh camouflaged uh requires minimal lighting and will uh generate very little traffic or activity in the area. Uh this request does not present concerns in regards to noise, odor, traffic or nuisances to surrounding properties and within the um attached uh resolution. There is language that um says that if there should be any unresolved uh complaints that a new public hearing and possible uh revocation of the conditional use permit can be required. The building division, public works department, utilities department, and fire department have reviewed the proposed requests, drawings, and materials provided by the applicant and has no comments or revisions at this time. The final design and construction plans uh must conform with applicable zoning, public works, building and fire codes to be evaluated during the

applicable building permit process that they would have to go through. Uh the applicant has worked with the public works and utilities department to ensure that their proposed design meets applicable regulations and is the most optimal uh optimal uh location for accessibility and maintenance uh in consideration of the other utility infrastructure within the area. Uh the city's airport manager uh does require that the applicant submit a notice of proposed construction or alteration uh to the Federal Aviation Administration, so the FAA. The applicant shall uh provide a copy of this uh obstruction evaluation uh slash airport airspace analysis determination to the city. Um and based on the FAA's um review um the they must comply with any of the requirements or conditions that are associated with that um determination. Uh this is prior or subsequently uh concurrently with the building permit process for the cell tower. Uh the attached resolution includes a specific condition in regards to that FAA determination. Um okay. So the commission has the option to approve modifications to this request if necessary. The application was notice in accordance with state law. Excuse me. Uh to clarify, uh we actually did not receive any written public comment regarding this particular item. So, there was a written public comment that was attached within the agenda packet, but that was actually in reference to uh agenda item number three, uh the next application that we'll be discussing. Uh so, the community development department respectfully requests that the commission tonight conducts the public hearing, considers the conditional use permit, and makes a motion to either approve subject to conditions or deny based on staff's findings resolution number 1281. Uh staff is available for any questions that the commission may have. And we also have Declan Murphy with Vertical Bridge uh on behalf of the applicant T-Mobile. Um he's available

via Zoom and he can answer any questions that you may have. Thank you.

Any commission questions for staff? Uh I do. Steve Rudd, do you guys have a better drawing than than what you guys had there? That's kind of uh not a very artistical drawing of the elm tree or whatever kind of tree it's supposed to be. Um I don't have anything more enhanced than um that requirement. I have some close-up photos of the site plan um but based on the NRS requirements, those are confidential, so I'm not able to share that, but I don't have a better drawing other than what they've uh provided with and that was included in the agenda packet.

Thank you. Any commission questions for the applicant? I have one. Is this a 5G tower?

Uh Dean, that question's for you.

Um good evening, Mr. Chairman. Um members of the board, Dela Murphy is my name representing Vertical Bridge. Um I I'd have to assume um you know the site uh as designed will be designed to accommodate all the carriers that that operate in this market which is about you know Verizon T-Mobile AT&T for the most part. Yes, I I would assume at some point it probably will be 5G. not entirely sure yet if it would be 5G immediately but we have to assume that um that's the the newer technology if you like and that will be at some point I assume would be would be uh deployed here um you know if you look at the the density around the park um around the property um this this actually would be uh quite a busy site so um and so yeah uh The answer is yes. I would imagine it would be 5G at some point. Any other questions? Now is the time for public hearing on this item. Public comment is limited to this item only and each person has up to three minutes to speak. The public may call in at 702589-9629 to provide public comment. Seeing and hearing none, we will close this public hearing. Bring it back to the dis. Do I have a motion?

Yes. I move to approve resolution number 1281 which includes findings and conditions for approval of CU-25-287. Do I have a second? Second. Is there any discussion? All in favor say I. I. I. I. Motion is approved.

Next is agendum agenda item number three for possible action. a public hearing and consideration of an application for a conditional use permit to allow a telecommunications tower at 1650 Buchanan Boulevard. Staff, your report. Sorry, Vice Chair Scott. We just wanted to get confirmation with that last vote that it was all seven that voted in the affirmative. Is there any nays? Okay. Thank you. staff.

Good evening again, planning commissioners. Uh Nikisha Lion, uh planning manager with the community development department. For the record, item number three before you tonight is a conditional use permit to allow for a cell tower on 338.36 acres at 1650 Buchanan Boulevard within the government park or GP zoning district uh as depicted on the aerial on the screen. So the applicant again, vertical bridge on behalf of T-Mobile has identified this area for a new cell tower again to address gaps in cellular connectivity within Boulder City to improve service and uh network capacity. The applicant is proposing a 75 foot mono elm cell tower with associated ground equipment to be located on the city owned property at Veterans Memorial Park. Uh the cell tower has been designed as a a stealth facility engineered again to resemble an elm tree. This is uh in order to minimize visual impacts and the cell tower will be fully enclosed by an 8ft high CW screen wall with gated access. Um as you may recall uh back in 2024 the city did add this area uh for the proposed cell tower to be uh developed on the land management process list. An appraisal by the city council was authorized as well as a subsequent um RFP was issued and then awarded to the applicant to lease land from the city to construct the cell tower. And again, prior to the execution of the lease, zoning compliance must be established. So, chapter 16 of title 11, this regulates the government or Gzone, including the GP government park sub zone. Um, while the GZ zone allows for certain public and quasi public uses, the GP sub zone is more restrictive and is intended primarily for park and recreational uses along with compatible uses such as open space and conservation areas. And staff has determined that a cell tower is not a recreation uh recreational use and does not directly

support park activities. Um although city code allows for public utility facilities in certain zones, it does not clearly define um telecommunication towers as such, nor does it clearly permit them within the GP zone. And so due to this ambiguity, uh the community development director and city attorney did determine that this was the appropriate path forward um to consider this use through a conditional use permit. Uh again, this is because the use is not explicitly permitted, may not meet the intent of the GP zone, and its classification as a public utility facility is unclear. So, uh commission approval of a conditional use permit is required for the project to proceed forward. The justification narrative and modified site plan and drawings associated with this particular request has been included in the commission packets that starts on page 43 of the packet. Uh per city code, the commission must evaluate each application based on several factors to ensure that the proposed use aligns with the adjacent uses and structures uh within the general vicinity and will not be detrimental to health, safety, morals, and the general welfare of the community. And that's five criteria that's outlined within our city code um for consideration by the commission, which at minimum must be found to be satisfactory as it applies to the permit. Um this includes consistency with the master plan and future land use map, compatibility with adjacent uses in the character of the area. Uh the design is not detrimental to the health, safety and general welfare, nor will the uses create nuisances for the abuing property owners and that there are adequate public facilities available to serve the use. Uh further details regarding conformance with each of the criterion based on the applicant's responses and staff's analysis that is provided on pages 34 to 38 of the agenda packet. To summarize uh the staff's analysis, the subject property's master plan future land use designation is parks and recreation. While the site is designated parks and

recreation, the proposed cell tower is not contrary to this designation as it occupies a small footprint, does not interfere with park activities, and essentially functions as an accessory use within Veterans Memorial Park. Uh the site is surrounded primarily by public and quasi public uses, including recreational areas and open space. The proposed use will be compatible with the existing character of the area and is not expected to be negatively uh to negatively impact any near nearby properties. The tower again is designed as a camouflage mono elm structure with minimal lighting, limited maintenance access um and enclosed equipment ensuring minimum uh visual and physical impacts. And then the design and height of the cell tower is um comparable to existing utility and park infrastructure within the area. This uh request does not present concerns in regards to noise, odor, traffic, or nuisances in the surrounding area. And the attached resolution does include language uh that should there be any unresolved complaints, a new public hearing and possible revocation of the conditional use permit can be required. The building division, public works department, utilities department, and fire department have reviewed the proposed requests. The drawings and materials provided by the applicant and have no comments or revisions at this time. And the final design and construction plans must conform with any applicable zoning, public works, building and fire codes to be evaluated during the applicable building permit uh review process. The applicant again has worked very closely with public works and the utilities department to ensure that their proposed design meets applicable regulations um and is the most optimal location for accessibility and maintenance um in consideration of the existing maintenance art yard within the area. the new pickle ball facility that was um developed also in that area. Uh the city's airport manager determined um that she will require that the applicant submit a notice of proposed construction or alteration to the FAA. The applicant

shall provide a copy of that FAA's obstruction evaluation and air um port airspace analysis determination to the city and must comply with all requirements identified in that determination prior to or subsequently with the um issuance of the building permit uh for the cell tower and the attached resolution does does include that condition um to ensure that that requirement is met. Um the commission has the option again to approve modifications to this request that's before you tonight. The application was noticed in con uh in accordance with state law. We did receive five uh written public comments regarding this item expressing opposition for various reasons. Um and those public comments were provided to the commission. Uh the community development department respectfully requests that the commission tonight uh conducts the public hearing and considers the conditional use permit and makes a motion to either approve subject to conditions or deny based on staff's findings uh within resolution number 1282. Uh staff is available for any questions that the commission may have. And then again, Declan Murphy with Vertical Bridge representing T-Mobile is available via Zoom and can answer any uh further questions that you may have. Thank you. questions for staff.

I have one. You mentioned um the leased land. Did they already are they already in a lease or is that pending this? Uh that's that's pending this. Okay. Thank you.

Anybody else? Any questions for the applicant? Now is the time for public hearing on this item. Public comments are limited to this item only and each person has up to three minutes to speak. The public may call at 702589-9629 to provide public comment. Seeing and hearing none, bring this back to the dis. Do we have a motion? I move to approve resolution number 1282 which includes the findings and conditions for approval of CU 25288.

I second. We have a second. Is there any discussion? All in favor say I. I. I. All opposed say nay. Motion is approved. Next is agenda item number five, monthly progress report on development a lotments. Staff, no report.

Any commission questions? Now is the final public comment period for the evening. Public comment during this portion of the agenda may be on any subject. Each person has up to three minutes to speak. The public may call in at 702589-9629 to provide public comment. Hearing no one, we will close the final public comment period. Meeting is adjourned.

24 minutes. Not even close to our record.