Loading...
HomeMy WebLinkAbout011 02 00LAND USE AND DEVELOPMENT COMMISSION November 2, 2000 Minutes of the regular meeting of the Land Use and Development Commission held in the City Municipal Building November 2, 2000. Present: Chairman Pete Anderson;; Commission Members; Myrna Cain, Wally Wright, Mary Harker, Nolan Briscoe, Council Representative Kent Kearns; Attorney Tom Holmes; City Staff:; Steve Smart, Larry Kohntopp, and Secretary Myma Crapo. Pete Anderson called the meeting to order at 8:00 P.M. Chairman Anderson asked for approval of the September 7, 2000 minutes. Nolan Briscoe moved to accept the minutes as mailed. Mary Harker seconded the motion. All voted in favor. Chairman Anderson asked if any commission member had a conflict of interest. There was none. PUBLIC HEARING: 1.An application by NTCh-Idaho, Inc., 233 N. Main Street, Pocatello, Idaho 83204, for a Conditional Use Permit for cell tower site at 4800 block on Hawthorne. Property is zoned (R-2) Limited Residential. This item was withdrawn by the applicant. 2. An application by Newcom Wireless, 424 First Street, Idaho Falls, Idaho 83401, for a Conditional Use Permit to construct a 90' wood pole with PCS antennas on top at Chubbuck Fire Station, 4727 Yellowstone. This wood pole will also be used as future co-location for emergency 911 services. Property is zoned (C-2) General Commercial. The commission discussed: 1. The height of the fire station 2. The height and location of the tower 3. Leasing the ground from the city Rex Portmann, 1370 S. Odyssey Drive, Idaho Falls, Idaho 83401 represented Newcom Wireless. The are a new wireless company. They have a one rate plan that when a customer roams outside the area, they will pay the same amount wherever you are. They are using a high frequency and need to be closer to their other towers. They will put up a 90 wood pole the total height will be 97' to 100' in height. It is a square pole. There will also be a building adjacent to the tower. The commission discussed: 1. The number of companies that can co-locate on their tower. 2. It being a totally self supporting pole 3. The small equipment building next to the tower. The meeting was opened for public comment. There was no public comment. The meeting was closed and brought back to the commission for discussion and a motion. Land Use and Development Commission November 2, 2000 Page 2 The commission discussed: 1. The City of Chubbuck becoming a cell tower community. 2. Co-locating on existing towers. 3. Having more knowledge to make a decision on. 4. The fire stations being a good location 5. The number of towers in the city at present. 6. Having a study done Gary Chisum, 4856 Hawthorne, from the economic standpoint, he doesn't think that the population of Chubbuck will dictate a large number of towers. The applicant explained the places they have co-located on. They have tried to co-locate as much as they can. They do have to build towers closer together. Where they have to build they build, otherwise they co-locate. Ryan Shaw, 4690 Mountain Park Road, the higher frequency gives a higher band to provide a better band quality for the customer. Their signal makes a better vehicle to transmit. The pole will not be lighted. The antennas are flush mounted to the pole, the same color as the pole. Myma Cain moved to grant the conditional use permit for Newcom Wireless to construct the tower at the fire station, and if the commission wants to have more input for the future that we schedule that for another meeting. Roll call vote: Myma Cain, yes; Wally Wright, yes; Mary Harker, yes; Nolan Briscoe, yes; Pete Anderson, no. 3. Ron Dykman, 446 E. Chubbuck Road, Chubbuck, Idaho 83202, for a Change of Land Use District at 446 E. Chubbuck Road to (C-2) General Commercial. Property is presently zoned (R-2) Limited Residential. Ron Dykman, 446 E. Chubbuck Road, he wants to put a shop and garage on the property. He will move out of the house next fall and the current house will be turned into a rental. Mr. Dykman is in the concrete construction business. The shop will be a storage shop. They will pick up in the morning and drop off at night. He is thinking of adding additional shops in the future. There would be no end doors on the building. He would put trees every 20 feet to buffer the Hales, and Gibes property. Chairman Anderson opened the meeting for public comment: Keith Robinson, 1113 Booth, Pocatello, Idaho he co-owns 4 acres across the street. He is opposed to Parrish's tie yard. Wayne Hale, 4825 Whitaker Road, is concerned about the property being projected rentals and the future development of that field. He is concerned about the irrigation water availability. Mr. Hale questioned is C-2 necessary for Mr. Dykman's proposal instead of C-1. C-1 permitted usages would be a lot better that what is allowed in C-2. Rob Lurker, 4839 Whitaker Road, his property backs up to the existing property. He wants it to stay a residential area. The height of a possible building concerns him. His property value would be affected. He is concerned about a rental and what the property will look like. He would like to know why the City of Chubbuck is taking a residential area and putting in commercial businesses. There are other areas where it could be put. Land Use And Development Commission November 2, 2000 Page 3 Alaine Hale, 4825 Whitaker Road, the proposed use doesn't fit into the neighborhood. Once zoned C-2 a building could be built to their yard, because of the lack of set backs. It is not compatible with residential property. Chubbuck Road is looking very nice. C-2 would be unreasonably intrusive to the residents. Dee Greene, 410 E. Chubbuck, this is a residential home area, right in the middle they want a C- 2 zoning. It is incompatible with what is there. Gary Chisum, 4856 Hawthorne, he owns a couple of rental properties and they look as nice as the rest of the residents. He is for commercial development. Mike Bird, 756 Ash, Pocatello, is in support of the proposal. The area will be going commercial in the future. As the traffic counts grown it will be less and less desirable to residential homes. Merlin Phillips, 476 E. Chubbuck, wants to know ifC-1 would do what Mr. Dykman wants to do. He doesn't think that anyone would mind a C-1 in the area. The public hearing was closed. Mr. Dykman was asked to respond to the people concerns. He would have 15' buffer zone, and will keep the irrigation ditch. The building would be 16' high to top of the wall with trusses 9 or 10' tall. They will clean the yard next spring. The drive way on the west side of the house will not be done until next spring. The meeting was brought back to the commission. 1. Why C-2 was the recommended zone change. It did not fit into a C-1 definition. 2. If the property boundary was zoned C-2 would they be able to build up to the boundary. 3. Keeping the area C-1 on East Chubbuck. 4. The setbacks between C-1 and C-2. Mar Harker moved to recommend to the City Council that the C-2 classification change from R-2 (Limited Residential) not be granted and that the petitioner go back and request a C-1 on the property. Seconded by Nolan Briscoe. Roll Call Vote: Myma Cain, yes; Wally Wight, yes; Mary Harker, yes; Nolan Briscoe, yes; Pete Anderson, Meeting adjourned 9:50 p.m. ~ ~ ~etI'i~mde~ a, Chairman Myma {~ra't~ Secretar~ ~ 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 November 2, 2000, upon the application of NewCom Wireless (hereinafter referred to as "applicant") for a conditional use permit to construct a 90 -foot wood pole with PCS antenna (cell tower) on the real property located at the Chubbuck Fire Station, 4727 Yellowstone, 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 C-2 (General Commercial) pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as C-2 (General Commercial) 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 wood pole and small antenna will be less intrusive than other types of towers. B. The location upon City property is favored by the cell tower Ordinance, Chapter 18.13, Chubbuck Municipal Code. C. No one has appeared to oppose this 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 not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 blj chubbuck01203 ,1 /—N 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 existing does not indicate that the permit should be denied. 5. The use for which the permit is sought 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 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 been minimized by Applicant as much as is reasonably possible. 8. Owners of adjacent property have not expressed approval or disapproval 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. n 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: NONE 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. 4. Takings. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: A. This Action does not result in a permanent or temporary physical occupation of private property. B. This Action does not require the property owner to dedicate a portion of the property or to grant an easement. C. This Action does not deprive the owner of the property of all viable uses of the property. D. This Action does not have a significant impact on the landowner's economic interest. E. This Action does not deny a fundamental attribute of ownership. F. This Action does not serve the same purpose that would be served by directly prohibiting the use or action; nor does the condition imposed substantially advance such purpose. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 blj chubbuck01.203 n DATED this �A day of , 2001. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 bfj chubbuck01.203 LAND USE AND DEVELOPMENT Lm