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Home My WebLink About001 03 91LAND USE AND DEVELOPMENT COMMISSION January 3, 1991 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building January 3 1991. ' Present- Acting Chairman Pete Anderson- Commission Members: Myrna Cain, Kent Kearns, Richard Pearson; Engineer Steve Smart; Attorney Tom Holmes; Project Engineer, Gerd Dixon. Acting Chairman Pete Anderson asked for corrections or additions to the December 6, 1990 minutes. There being none, Myrna Cain moved to approve the minutes of December 6, 1990 meeting as mailed with Richard Pearson, seconding. All voted in favor. PUBLIC HEARING: 1.A PROPOSAL BY THE IDAHO 6-CLARK, LIMITED PARTNERSHIP, 5990 GREENWOOD PLAZA BLVD, ~300 ENGLEWOOD, COLORADO FOR A CONDITIONAL USE PERMIT TO EXTEND THE EXISTING TOWER at 146 Laurel an additional 40' Property is presently zoned General Commercial (C-2) and Industrial (I). Gerd Dixon, Project engineer gave his report. The City has concerns on the engineering of the tower' 1. Guy wire configuration 2. Base designed to support the tower and that the previous conditions be met regarding the 20' clearance from Laurel so no guy wires encroach on that space. The minutes and findings of fact of the 1st conditional use were reviewed by the commission. Acting Chairman Anderson opened the public hearing. Fred Lewis, Pocatello an attorney representing Idaho 6-Clark Limited Partnership introduced Mr. Brack the field engineer and outlined what was requested. Richard Brack, 5990 Greenwood Plaza Blvd ~300 Englewood, Co. told the commission that this increase was needed to relay signals to the west and because of the additional subscribers. They have received approval from FAA. They are doing an architectural study & analysis to ascertain if it will accommodate all the antennas they will put on it. If the study shows that the existing tower can't be use they will place a redesigned tower next to the existing tower and then remove the old tower. The tower now has 3 cellular antennas and will have 8. Land Use and Development Commission January 3, 199¢1 Page 2 Attorney Tom Holmes told Mr, Lewis that the public hearing notice did not mention a new tower, A proper, notice to the public needs to be given if they remove the existing tower and put up a new one, The public hearing was closed and opened to commission discussion- 1. Tabling the decision until the February meeting, 2. Having a new public hearing on the replacement tower Richard Pearson moved to grant the conditional use permit to increase the existing tower by 40 ' provided that all safety regulations and other conditions stipulated be met; and that all present conditions be maintained, This motion applies only to the existing tower, Myrna Cain seconded the motion, The commission then discussed the motion. Kent Kearns wondered how we would get the tower removed if they went out of business. Should a fund be created? Attorney Tom Holmes felt that we had several avenues open to us if the tower needed to be removed and we didn't need to create a fund for that purpose. Roll call vote- Myrna Cain, yes; Pete Anderson, no; Kent Kearns, yes; Richard Pearson, yes. 2. A proposal by the City of Chubbuck to amend the Chubbuck Land Use Ordinance section 16.12.030 to provide for the measurement of lot width on curved lots. Engineer Steve Smart told the commission that this was to clarify an existing practice, Acting chairman Pete Anderson opened the public hearing. There being no comments the public hearing was closed. Kent Kearns moved to recommend passage of the amended ordinance to the city councl chard Pearson seconded the motion. Roll call vote: M Pete Anderson, yes; Kent Kearns, yes; Richar Kent Kearns moved to adj seconding. Myrn~ ~rapo, Secre~cary 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 January 3, 1991, upon the application of Idaho 6 - Clark Limited Partnership (hereinafter referred to as "applicant") for a conditional use permit to extend the existing tower 40 feet on the real property located at 146 Laurel, Chubbuck, Idaho 83202 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 General Commercial (C- 2) and Industrial (I) pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as such 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 increase in height is necessary to relay signals to the west, in part due to the height of the ore piles at the FMC - Simplot area and in part due to increased subscriber numbers. B. Applicant will have the current tower design reviewed to determine if it will support the increase in height. If the studies determine that it will not, applicant proposes to erect a new tower and then disassemble the existing tower upon completion of the new tower. BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and Development Commission hereby enters the following: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck01.101 1 !990 a 7 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. 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 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. 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. 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: All safety regulations and other conditions, including the 20 foot clearance of guy wires over Laurel Lane be followed. All conditions set forth in the existing conditional use permit for the tower shall be applicable also. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck01.101 4 4. Because the hearing notice does not set forth to the public applicant's proposal to, if necessary, erect a new tower and then take down the existing tower, the permit granted does not specifically address that issue. DATED this R day of FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck01.101 ON