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Home My WebLink About05 Hearing Examiner ...E PLANNING AND ZONING {ear( EKa \- 1:A ITEM DATE SUBMITTED BY e2 _ ( 0.)b-mintitt oha±- 1--v C P a,z Ura l / - Zl -cam f-�-- 7 ifia/adtJ 2'4 P-a-3 /frict-tyz) P4 2 v � PUBLIC HEARING COMMENT SHEET (PLEASE PRINT CLEARLY) NAME: Tr.ccy IZ. C( •(1Q STREET ADDRESS: c L4 qZ Fay rvre w Ave., 3(d9. D CITY/STATE/ZIP: F o rSc., Z D ''3 7Ot{ NAME OF CASE BEING HEARD: Case- Ak. 514P- I O --06/ U b;yu;111 Check the appropriate line: Applicant or Representative V I Neutral/ wish to speak do not wish to speak In favor/ I Opposed/ wish to speak wish to speak do not wish to speak I do not wish to speak Written comments may be attached to this form or you may write them in below. BEFORE THE PLANNING AND ZONING COMMISSION CITY OF CALDWELL,IDAHO IN THE MATTER OF THE APPLICATION OF ) CASE NO. SUP-108-00, UBIQUI TEL LEASING COMPANY FOR A ) COURSE OF PROCEEDINGS, SPECIAL USE PERMIT TO EXPAND AN ) GENERAL FACTS,TESTIMONY, EXISTING TELECOMMUNICATIONS SITE ) APPLICABLE LEGAL STANDARDS, ) COMPREHENSIVE PLAN ANALYSIS, ) FINDINGS OF FACT, CONCLUSIONS ) OF LAW,AND ORDER OF DECISION I COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application SUP-108-00 to be held before the Caldwell Planning and Zoning Commission on November 14, 2000. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On October 30, 2000 notice was published in the Idaho-Press Tribune; on October 27, 2000 notice was mailed to all property owners within 300 feet of the project site and to all political subdivisions providing services to the site; and on November 7, 2000,notice was posted on the site. 1.2 Files and exhibits relative to this application are available for review in the Community Development Department and were available for review at the hearing. II GENERAL FACTS 2.1 APPLICANT(S): UbiquiTel Leasing Company, 9492 Fairview, Bldg. D,Boise,ID 83704 2.2 OWNER (S): The owners of the property on which the telecommunications equipment is located are Terry and Linda Weymouth, 824 Albany Street, Caldwell,ID. There is a rental agreement in place. 2.3 REQUEST: Approval of a special use permit to expand an existing telecommunication site by co- locating antennas on the existing tower and by expanding the fenced ground area by adding additional equipment. It is planning staff's understanding that the height of the existing tower(106 feet)will not be increased by co-locating the proposed antennas. 2.3.1 The Applicant noted in his narrative the following: the fenced compound at the base of the tower is not large enough to accommodate the necessary ground equipment; PCS is a state of the art portable telephone and paging system and offers consumers less expensive, more dependable service than the analog systems of the past. PCS base towers are low-power facilities with the system operating with less than 20 watts as compared to most radio and television broadcasts,which operate at between 5000 and 50,000 watts. (Included in the narrative is a summary of how PCS works, the safety of the sites, and background information on UbiquiTel. 2.3.2 Zoning Ordinance No. 1451, Section 10-02-02, Land Use Schedule, permits "Other public and semi- public"facilities to be located in any zone by special use permit. 2.4 LOCATION: 824 Albany Street. 2.5 COMPREHENSIVE PLAN LAND USE DESIGNATION: It appears to be commercial. 2.6 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: /�� D � f 2.6.1 Property Rights: The five checklist criteria set forth by the Attorney General in the "Idaho Regulatory Takings Act Guidelines"was reviewed by planning staff and none of the criteria was answered in the affirmative. 2.6.2 School Facilities and Transportation: The Caldwell and Vallivue School Districts were notified of the request through mailing of the public hearing notification on October 26, 2000 2.6.3 Land Use: Commercial—The site is zoned C-2 (Community Commercial). 2.6.4 Public Services, Utilities and Facilities: In a memorandum dated October 30, 2000 the City Engineer noted the following: if additional impervious area is planned,provisions are to be made for disposal of storm water drainage in accordance with the City's Stormwater Management Policy. 2.6.5 Transportation—The City Engineer noted that the tower is within the airspace plan for the Caldwell Industrial Airport. If the tower is increased certain requirements will be placed on the Applicant. (NOTE: The Applicant has indicated to Planning staff that the existing tower is 106 feet in height and that the co-location of antennas will not increase this existing height). Mr. Law also noted that the Applicant will be required (at the time of the building permitting process) to adhere to the City's Infrastructure Improvement Policy governing street improvements, such as curb/gutter/sidewalk. III TESTIMONY 3.1 Linda James presented the staff report and clarified that the address is 824 Albany. 3.2 Tracy Cline,Applicant's representative,testified as follows: one factual correction to the staff report is the fact that the existing tower is 120 feet and the co-located antennas will be placed at the 106 foot level; the Applicant will comply with any condition required by the City Engineer regarding stormwater runoff; the ground is currently graveled and the removal of an existing building might even reduce the present runoff. IV APPLICABLE LEGAL STANDARDS 4.1 City of Caldwell 1977 Comprehensive Plan, as amended. 4.2 City of Caldwell Zoning Ordinance No. 1451,as amended. 4.3 Idaho Code, Chapter 65, Local Planning Act V COMPREHENSIVE PLAN ANALYSIS - The request is applicable to the following Comprehensive Plan Components: 5.1 Property Rights- GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate property rights, adversely impact property values or create unnecessary technical limitations on the use of the property. OBJECTIVE B: To identify potential takings of private property prior to a regulatory or administrative action on specific property. POLICY 1: Require staff to follow the Attorney General's Checklist Criteria outlined in the Idaho Regulatory Takings Act Guidelines prior to any proposed regulatory or administrative action on specific property, and to request legal counsel's review if any one of the criteria is answered in the affirmative. Staff reviewed the five criteria outlined in the Takings Act Guidelines and did not answer yes to any of the criteria. 5.2 School Facilities and Transportation- GOAL: To provide the on-going opportunity for school representatives of Caldwell and Vallivue School Districts to participate in the community planning process. POLICY 1: Include the school districts in the review process when considering land-use proposals. At a minimum, notice of the hearing for each proposal should be provided to the districts and any additional information that the districts might subsequently request. The Caldwell and Vallivue School Districts were notified of the request through mailing of the public hearing notification on October 26, 2000. 5.3 Land Use— GOAL: To establish land-use management policies that protect property rights and the environment, maintain a high quality of life, provide adequate land for all types of development, and adequately buffer non-compatible uses. The request is to co-locate additional antennas on an existing tower located in a C-2 zone. The site is adjacent to the railroad tracks at Kimball and Albany and is not within a residential neighborhood. 5.4 Public Services,Utilities and Facilities— GOAL: To ensure that there are adequate police, fire, emergency services, and public utilities to meet the needs of the public. OBJECTIVE A: To protect the safety of people and their property. POLICY 2: Require emergency service providers, such as police and fire departments and EMS, in the development review process. The City's Fire Marshal was notified of the request on October 26, 2000. As a part of the building permitting process, the Fire Marshal will be included in the review. 5.5 Transportation - OBJECTIVE A: To protect public safety and the environment. OBJECTIVE E: To protect the Caldwell Industrial Airport from encroachment of incompatible uses. The City Engineer noted that if the existing tower is increased certain requirements will have to be met by the Applicant in order to protect the airspace. However,the Applicant has stated that the existing 120-foot tower will not be increased with the co-location of additional antennas. Mr. Law also noted that the Applicant will be required to adhere to the City's Infrastructure Improvement Policy governing street improvements (sidewalk/curb/gutter), which would be addressed at the time of the building permit process. VI FINDINGS OF FACT 6.1 Accept the general facts outlined in the staff report as Findings of Fact and include the following facts: the tower is currently 120 feet in height; the co-located antennas will be placed at the 106-foot level of the tower; a storage building will be removed from the site; the Applicant's representative testified that the Applicant will comply with the City's Stormwater Management Policy. VII CONCLUSIONS OF LAW 7.1 The Planning and Zoning Commission has the authority to hear this case and to approve or deny; public notice requirements were met and the hearing was conducted within the guidelines of applicable Idaho Code and City ordinances. VIII ORDER OF DECISION 8.1 Based on the Findings of Fact and Conclusions of Law, the Planning and Zoning Commission hereby orders that Case No. SUP-108-00, a request by UbiquiTel Leasing Company to expand an existing telecommunications site by co-locating antennas on an existing tower and by expanding the fenced ground area by adding additional equipment is approved with the following conditions: 8.2 The specific terms and conditions placed on the Special Use Permit shall run with the land and remain valid upon a change of ownership, or until such time that the Permit may be revoked, become invalid, or replaced with another approved use. The Special Use Permit is not transferable from the approved site to another site. 8.3 The Applicant, or future assigns having an interest in the subject property, shall fully comply with all conditions placed upon this Special Use Permit. 8.4 No changes in the conditions and terms of this Special Use Permit, as approved, shall be undertaken by the Applicant, or future assigns having an interest in the subject property, until the Community Development Director has reviewed the proposed changes and determined whether or not they are substantial. If the changes are considered to be substantial, an amendment to the special use permit can only be granted by the Planning and Zoning Commission or Hearing Examiner through the public hearing process. 8.5 Any violation of the terms and conditions of this Special Use Permit by the Applicant, or future assigns having an interest in the subject property, will be deemed a misdemeanor and subject to the provisions set forth in Idaho Code, 18-113. Each day's continued violation will be deemed a separate offense. 8.6 A building permit shall be obtained prior to any installation or construction commencing on the site. All of the requirements (if any) placed on the building permit by the Building Official, Fire Marshall and City Engineer shall be met prior to the permit being issued. CASE NO. SUP-108-00 WAS HEARD BY CALDWELL PLANNING AND ZONING COMMISSION AT A PUBLIC HEARING HELD NOVEMBER 14, 2000. WRITTEN FINDINGS OF FACTS, CONCLUSIONS OF LAW AND ORDER OF DECISION WAS ADMINISTRATIVELY APPROVED AND SIGNED BY CHAIRMAN BLACKER ON THE DATE NOTED BELOW. w--- ' l' 1) a dUOU ATTEST: C irran Jim Blacker Date 1 .. Co qty De, e.ment Director • Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Archuleta. Second: Commissioner Teraberry. The Commission has the authority to hear this case and recommend approval or denial; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Recommendation to City Council — Motion: Commissioner Blacker. Second: Commissioner Teraberry. Recommend approval on Case No. ANN-43-00 and strongly suggest to Council that the Mayor meet with the Hudgens on the matter of the property purchase. Passed: Unanimous roll call vote. Public Hearing Closed—Chairman Blacker closed the public hearing. VI. New Business—Hearings A. Case No. SUP-107-00, a request by ACDS, Inc., for approval of a special use permit for a contractors storage yard in order to store concrete cutting equipment on site and to use a portion of the existing building as an office/display area. The site is zoned C-3 (Service Commercial) and is located at the northeast corner of Ithica Street and N. 5th Avenue,more commonly known as 1015 N. 5th Avenue. Testimony— Linda James presented the staff report. Les Robinson,Applicant,testified in favor. Bob Culley testified as neutral. Public Testimony Closed—Chairman Blacker closed public testimony. Comprehensive Plan Analysis — Motion: Commissioner Archuleta. Second: Commissioner Teraberry. The request was applicable to the following Comprehensive Plan components set forth in the staff report: Property Rights — Goal, Objective B, and Policy 1; School Facilities and Transportation— Goal, and Policy 1; Land Use— Goal; Public Services, Utilities and Facilities — Goal, Objective A, and Policies 2 and 7; Community Design — Goal, Objective A, and Policy 6. Passed: Unanimous roll call vote. Findings of Fact — Motion: Commissioner Archuleta. Second: Commissioner Teraberry. Accept the general facts outlined in the staff report as Findings of Fact and include the following facts: the Applicant stated that he would not be doing any cutting or sawing at the site; there should be no noise issue as the only noise will be from starting vehicles; there will be some maintenance of the Applicant's vehicles done on site. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. The Commission has the authority to hear this case and approve or deny; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. The Commission approved Case No. SUP-107-00 with the standard conditions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Blacker closed the public hearing and noted anyone wishing to appeal his decision should see the Director of Community Development. ********************************************************************************** B. Case No. SUP-108-00, a request by UbiquiTel Leasing Company to expand an existing telecommunication site by co-locating antennas on the existing tower and by expanding the fenced ground area by adding additional equipment. The site is zoned C-2 (Community Commercial)and is P&Z Minutes of November 14, 2000 0: 5 has the authority to hear this case and approve or deny; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. The Commission approved Case No. SUP-109-00 with the standard conditions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Blacker closed the public hearing and noted anyone wishing to appeal his decision should see the Director of Community Development. ********************************************************************************** D. Case No. SUP-110-00, a request by Sandra Eggebraaten to add a ninth bed to an existing residential assisted living facility. The site is located in an R-2 (Medium-Density Residential) zone and is commonly known as 1510 Blaine Street. Testimony— Linda James presented the staff report. Sandra Eggebraaten,Applicant, stood for questions. Public Testimony Closed—Chairman Blacker closed public testimony. Comprehensive Plan Analysis — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. The request was applicable to the following Comprehensive Plan components set forth in the staff report: Property Rights —Goal, Objective B, and Policy 1; School Facilities and Transportation—Goal, and Policy 1; Land Use— Goal, Objectives Applicable to all Land Uses—A;Residential—Policy 1;Public Services,Utilities and Facilities— Goal, Objective A, and Policies 1, 2,and 5;Transportation—Goal and Objective A; Housing-Goal and Objective C; Community Design—Goal, Objectives A and E. Passed: Unanimous roll call vote. Findings of Fact — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. The Commission has the authority to hear this case and approve or deny; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision — Motion: Commissioner Archuleta. Second: Commissioner Teraberry. The Commission approved Case No. SUP-110-00 with the standard conditions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Blacker closed the public hearing and noted anyone wishing to appeal his decision should see the Director of Community Development. VII. Planning Issues—There were no planning issues presented. VIII. Adjournment—Chairman Blacker adjourned the meeting at approximately 8:10 p.m. MINUTES APPROVED AND SIGNED BY CHAIRMAN BLACKER ON THE DATE NOTED BELOW: - 12-^ 'f" (1 ATTEST: lC- Chairmai Jim Blacker Date Community Develop' eii Director P &Z Minutes of November 14,2000