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RECEIVED City Atto. rney " City Of Eugene 36o East 10t~ Ave., Suite 3oo Eugene OR 97401 . Re: Amendments to Cell TOwer Ordinance (Eugene Code 9.575o) Dear City Attorneys : I am writing in response to a request from your office for comments On the proposed amendments to EC 9.575o. Having spent over two years organizing a fight against a tower in my own neighborhood, I am well aware of the strengths and deficits in the current ordinance. In section (7)(d.), I was pleased to see the proposal for setbacks of 8oo feet from residential zomng, and looo feet from public schools. A strong setback reqturement preserves residential property values, and helps protect the City from lawsuits brought by aggrieved homeowners. It also addresses the issue of attractive nuisance. However, I noted with concern that the proposed code makes an exception to this requirement in C-1 and GO zones. It is not clear to me whether the language in (7)(d)2, which states" 8oo feet from ALL residentially zoned property" (emphasis mine), would allow new towers located on C-z or GO zoned property to be set back a minimum distance equal to the height of the tower from adjacent property lines and streets, or whether the 800 and tooffoot setbacks wouid still apply, if a public school or residential zoning were within those distances. C~larification is needed. A review of the City zoning map makes it clear that C-1 and GO zoned properties are scattered throughout the City, and occur most frequently in mixed-use areas. Therefore a lesser setback in C-1 and GO will inevitably impact residences. An ordinance which facilitates building towers in mixed-use areas will devalue . properties., create visual blight, and in general, make those areas less desirable. This is at odds with the City's nodal development program, which I believe has the goal of making Eugene's mixed use areas' more livable, and more desirable. I strongly recommend that the setback reqUirements should apply without exception, in all zones. If there is a call from the industry for areas of reduced Setback, these should be allowed only in the heavier industrial ZoneS. Another concern I had is with (9)(d), variance. The amendment as written seems to assume that visual blight is the primary reason for setback. Property'values can be impacted negatively bY the proximity of a tower, regardless of how visible or how ugly it is. This is because potential buyers may be wary of potential health hazards associated with radio frequency emissions. The Federal Telecommunications Act of 1996 forbids local jurisdictions from regulating tower placement' based on health concerns, but it does not forbid local governments IV-54