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HomeMy WebLinkAbout010 04 90LAND USE AND DEVELOPMENT COMMISSION October 4, 1990 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building October 4, 1990. Present: Chairman Sue Parrish, Commission Members: Kent Kearns, Myrna Cain, Pete Anderson, Richard Pearson, Council Representative Steven England, Engineer Steve Smart, and secretary Myrna Crapo. Meeting called to order by Chairwoman Sue Parrish at 8:07 P.M. Chairwoman Parrish asked for a motion on the minutes. Richard Pearson moved to accept the minutes as written and mailed, Myrna Cain seconded with all commission members voting in favor. PUBLIC HEARING: 1. A PROPOSAL BY LARRY R. BABB, 4859 ELIZABETH, for a conditional use permit to erect two 47 foot steel towers to support ham radio antennas. Property is presently zoned Single Family Residential. (R-l). Steve Smart, Public Works Director explained the PRB-1 ruling for cities not to place unreasonable limitations on these sort of antennas. Kent Kearns stepped down from the commission because of a conflict of interest. Chairwoman Sue Parrish opened the public hearing. Mr. Babb, 4859 Elizabeth explained that he has lived at this address for 6 1/2 years and has the antennas in his back yard on two wooden power poles. He replaced one of these wooden poles with a steel tower and antenna of 59' total height. Mr. Babb then read a letter from his attorney Reed Larsen concerning FCC ruling and examples of cases that had been taken to court and won by individuals erecting the towers. Mr. Babb has a amateur radio license. He is presently loading the tower with 30% of its rating. The conditional use would be for the one steel tower that he has already installed and for one more in the future. The future tower would replace the wooden pole that is there now. The Bunce subdivision has nothing in its restrictive covenants that prohibit antennas; PLANNING AND ZONING COMMISSION October 4, 1990 Page 2 Mr. Babb then read a portion of PRB-1. "Local regulations which involves placement, screening or height of antennas based on health, safety, or aesthetics considerations must be drafter to accomplish reasonable amature communications and to represent the minimum practicable regulations to accomplish the local authorities legitimate purposes. Several different antennas are needed to operate on a range of frequencies. Chairwoman Sue Parrish read a letter from Robert Johannsen opposed to the antennas. This letter was entered into the minutes. Robert Johannsen, 776 Monika Court, expressed his opposition to the antennas. John Wilson, 14434 Promise Lane, a amateur radio operator told the commission that he had the same tower and felt it was very safe. The tower is a grounded structure and is needed to hold the antennas up. Kent Kearns, 4831 Elizabeth, has been a resident for three years. He would like to see the antennas combined into one tower. He would like to see Mr. Babb remove the 2nd wooden tower as condition for acceptance of the 59' tower antenna. Mr. Babb told the commission that he could move the antenna from the wooden pole to the steel towers. He is at 30% now and it would make it 60% loaded. Mr. Babb could use a multiband antenna to take the place of those there. Odes Brannan, 4873 Elizabeth, has no problems with the antennas that are there. He doesn't want additional antennas installed. Debbie Workman, 4845 Elizabeth has had TV & Telephone interference in the past. She doesn't have any at this time. She would like to have just one pole. Larry Ridgway, 4862 Elizabeth is in favor of the two poles, they don't bother him. He felt that the steel towers looked better then wood ones. Dave Turnnire, 118 N. 11th, works as an amatuer broadcaster. Interference can be from other things beside ham radios. Irene Johanssen, 775 Monika, felt like Mr. Babb should have approached the city before he put the tower up. She was concerned about children getting hurt. PLANNING AND ZONING COMMISSION October 4, 1990 Page 3 Chairwoman Parrish closed the public hearing and opened it to discussion by the board. The commission them discussed the comments brought forth in the public hearing. Pete Anderson made a motion to approve the conditional use granting Mr. Babb to erect one 47' steel tower to support the ham radio antennas with the condition that no further towers be erected on the property. Richard Pearson seconded the motion. The commission discussed the public's concerns. Pete Anderson then added a 2nd condition. That all guy lines if so required be retained within Hr. Babb's property and are not attach to any fences or structures that share a common property line. The commission then discussed the motion. Pete Anderson restated the motion. He moved that they grant the conditional use to Mr. Larry R. Babb at 4859 Elizabeth for the erection of one 47' tower plus whatever antennas height to support his ham radio and that the conditions be 1. that there be no further towers on the property 2. that all guylines associated with the tower if required be contained within Mr. Babb's property and not attached to any structures, fences or etc that share a common property. Richard Pearson seconded the motion. Myrna Cain, yes; Pete Anderson, yes; Steven England, yes; Sue Parrish, yes; Richard Pearson, yes. GENERAL BUSINESS: 1. Discussion on a proposed ordinance to define self-service storage facilities in the schedule of land use controls. The commission discussed spelling errors that needed to be corrected: 1. Page 2 b. (or four areas) should be R-4 2. Page 2 B acre should be areas Throughout the ordinance the words "minim" warehouses should be self service storage facility. It was discussed whether to take this ordinance home and review it or to hold a public hearing and get the publics opinions. PLANNING AND ZONING COMMISSION October 4, 1990 Page 4 If it was going to be done this year it would have to be scheduled for the November meeting. Pete Anderson moved that we hold a public hearing on the ordinance at the November meeting. Kent Kearns seconded the motion with all voting in favor. Discussion on proposed ordinance to require a ten foot landscaping strip for commercial and industrial zones. Public Works Director Steve Smart gave a history of why this ordinance was being considered. The Commission then discussed: 1. 10' setback all commercial zones 2. 5' landscaping areas Pete Anderson moved to hold a public hearing on this ordinance on our November Meeting. The commission then discussed: 1. Changing D.1 to reflect the planting area be landscaped whether a building, parking lot, or etc. or using the word "structure" 2. Having a 10' setback in commercial zones with the entire setback being landscaped. Pete Anderson withdrew his motion. The ordinance needed to be redra~ted reflecting the changes listed above. Pete Anderson moved to send the ordinance back to Tom Holmes for a rewrite· Kent Kearns seconded the motion, All voted in favor. Kent Kearns moved to adjourn at 9:15 p.m. ~,~ ~.' ........ Sue Parrish, Chairwoman Myrna cra~o, Secretary CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter having come before the Commission for public hearing pursuant to public notice as required by law, on October 4, 1991x} upon the application of Larry Babb (hereinafter referred to as "applicant") for a conditional use permit to erect two 47 foot steel towers to support ham radio antennas on the real property located at 4859 Elizabeth, Chubbuck, Idaho and the Commission having heard testimony from interested parties and being fully advised in the matter, now makes the following: FINDINGS OF FACT 1. Applicant has applied for a conditional use permit as particularly described above. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned (R-1) Single Family Residential pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as (R-1) Single Family Residential in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevant criteria and standards for consideration of this application are set forth in Idaho Code section 67-6512 and in Chubbuck Code section 18.28.040 (C). 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. The Federal Communications Commission, by ruling designated as PRB-1, has enacted a limited preemption of local land use regulation of such towers. Specifically, said preemption indicates: "Local regulations which involve placement, screening or height of antennas based on health, safety or ecstatic considerations must be drafted to accomplish reasonable amateur communications and represent the minimum practical regulations to accomplish the local authority's legitimate purposes. B. Applicant has lived at 4859 Elizabeth for six and one- half years and has previously had antennas in his back yard on FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 chbbckll.211 two wooden power poles. One of those poles has been replaced with a steel tower totaling 59 feet. C. The present steel tower is loaded to 30% of its rating. A second tower, if erected in the future, would replace the second wooden pole that is there now. D. There are no restrictive covenants within the subdivision that prohibit such antennas. E. Applicant indicates it would be possible to combine his antennas that he has now on to the one steel tower that would then be 60% loaded. F. Local residents have expressed varying degrees of opposition and support for the application. BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and Development Commission hereby enters the following: CONCLUSIONS OF LAW 1. The use for which the permit is sought will/will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought, as modified, will not produce an adverse impact on the economic values of adjacent properties. 3. The permit sought will not produce a negative impact on transportation facilities, public utilities, schools, public parks, or the natural environment any greater than had the strict terms of the Land Use Ordinance been complied with. 4. The noise and traffic conditions generated by the use for which the permit is sought, when analyzed in conjunction with the noise and traffic conditions now exiting does not indicate that the permit .should be denied. 5. The use for which the permit is sought, as modified, shall not work an unreasonable hardship upon surrounding property owners by virtue of its physical natures or by the impact of changes made in the landscape of the land. 6. The aesthetic qualities of the proposed use, as modified, will not conflict with aesthetic qualities of the surrounding lands. 7. The adverse impact of the proposed use on other development within the City has not been minimized by Applicant as much as is reasonable possible. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 chbbckll.211 8. Some Owners of adjacent property have expressed approval of the issuance of the requested conditional use permit. 9. The requested conditional use permit, if granted, should be maintained subject to the conditions set forth below. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should be approved. 2. The following conditions, if any, are hereby imposed upon the granting of said conditional use permit and applicant, by taking advantage of said conditional use permit agrees to the imposition of the same: A. The existing steel tower already erected by applicant is approved, provided, however, all guidelines associated with the tower are to be contained within applicant's property and are not to be attached to any structures, fences, etc. that share a common property with other landowners. B. There are to be no further towers on the property. --N C. The existing wood poles, which has been previously used as a tower would be removed by August 1, 1991. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this day of 1990. LAND USE AND DEVE MENT COMMISSION By: Chairman FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 chbbckll.211