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HomeMy WebLinkAboutFINDINGS OF FACT - 320 Barney Dairy Rd - CUP for 196' Cell TowerJanuary 2, 2002 NTCH-Idaho, Inc. 233 No. Main Street Pocatello, ID 83201 /%y P.O. Box 280 Q ¢ �� �� �(l�l7i°�fJ 12 North Center Street // 0 Rexburg, Idaho 83440 Phone (208) 359-3020 STATE OF IDAHO Fax (208) 359-3022 e-mail rexburgQsrv.net RE: Findings of Fact on Conditional Use Permit TO WHOM IT MAY CONCERN: Enclosed is a copy of the Findings of Fact for Conditional Use Permit for a cell tower at 1145 So. 2°d East. Yours truly, CITY OF REXBURG Marilyn Wasden City Clerk FINDINGS OF FACT FOR CONDITIONAL USE PERMIT FOR NTCH OF IDAHO On October 8, 2001, NTCH of Idaho presented to the Rexburg City Clerk a Request and Application for Conditional Use Permit on the Steve Cook property located at 1145 So. 2nd East in the City of Rexburg. Said Conditional Use Permit is for the purpose of erecting a cell tower. 2. On October 24, 2001, Lance Steinman on behalf of NTCH of Idaho representing Clear Talk Wireless appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit on said property located at 1145 So. 2nd East for the purpose of erecting a cell tower. It was moved by the Planning & Zoning Commission that this request for Conditional Use Permit go to public hearing. The vote was not unanimous and it was requested that the nay vote be understood, the Board has been talking about cell tower ordinances and it was felt by some that this request should be tabled until a new ordinance is reviewed. The motion to go to public hearing did pass. 3. On October 25, 2001, the City Clerk sent the Notice of Public Hearing advertising a public hearing before the Planning and Zoning Commission on November 14, 2001, for publication in the local newspaper on October 29 and November 7, 2001, posted a notice on the property and sent notices to all property owners within 300 feet of the above mentioned property. 4. On November 14, 2001, NTCH of Idaho appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit on property located at 1145 So. 2' East for erecting a cell tower. There was some public comment in favor of the cell tower since there had previously been a 190' cell tower in this location. There was some opposition expressed concerning this conditional use permit because of the airport flight zone and the height of the tower. It was moved by Planning & Zoning that this request be approved for public hearing before the City Council with the following recommendations: That the tower not exceed 198' That the proposed tower not jeopardize or create a change in the instrument approach to the airport That the tower be lit at a level acceptable to City Engineering Department. 5. On November 15, 2001, the City Clerk sent the Notice of Public Hearing advertising a public hearing before the City Council on December 19, 2001, for publication in the local newspaper, posted a notice on the property and sent notices to all property owners within 300 feet of the above mentioned property. On December 19, 2001, Lee Staker representing Bearcat Builders owned by Lance Steinman and Lance Steinman owner ofBearcat Builders and representing Clear Talk, a network company, appeared before the City Council for the City of Rexburg requesting a Conditional Use Permit on property located at 1145 So. 2nd East for erecting a cell tower. There was some public comment, none in opposition concerning this conditional use permit if conditions recommended by Planning & Zoning were recommended. It was moved by City Council to approve this Conditional Use request with conditions on the recommendation of Planning & Zoning. The conditions were listed as: The tower not exceed 198' The proposed tower not jeopardize or create a change in the instrument approach to the airport The tower be lit at a level acceptable to City Engineering Department. Conditions above have been met as per Aeronautical Study No: 01-ANM-3845-OE dated 05/03/02 and are on file. Conditional Use Permit is granted. � Stephen Zollinger, City Adorney PLANNING & ZONING October 24, 2001 7:00 p.m. Chairman: Davawn Beattie Members: Ted Whyte John Watson Mike Ricks Glenn Walker Winston Dyer Bobbette Carlson Robert Schwartz Ladawn Bratsman City Clerk: Marilyn Hansen P.F.C.: John Millar City Attorney: Stephen Zollinger Excused: Doug Smith Davawn excused Doug Smith from this meeting. Ted made a motion to approve the minutes of October 10, 2001, seconded by Bobbette. All voted aye, none opposed. Ttest public hearing was cancelled. Request for Zone Change for Clair O. Thueson Family Trust John Millar reviewed the location of the property requested for a zone change located at 4'h West and Main on the south side of the street adjacent to the canal. This request is for a zone change from MDR/PO to HDR2. Mike Thueson stated they would like the zone change on this 2 acre parcel of ground and it is in compliance with the Comprehensive Plan. Robert made a motion for this request to go to public hearing, seconded by Glenn. All voted aye, none opposed. Request for Zone Change for Randall Porter Randall Porter who resides at 208 E. 3rd South in Rexburg is requesting a zone change on his home at this location from LDR 1 to University (U). His home has been for sale for approximately five months, he has two offers on the home and one is from BYU-Idaho for their use as an Alumni House. Motion was seconded by Ladawn, voting as follows: Aye: Ladawn, Bobbette, Winston, Ted, Robert, Glenn, Davawn, Nay: Mike Abstaining: John Watson Request by NTCH for Conditional Use Permit for cell tower Lee Staker, a realtor from Idaho Falls, was present acting as a facilitator for a cell phone and construction company and Stephen and Nancy Cook as property owners. Lance Steinman representing Clear Talk Wireless is seeking a public hearing for a Conditional Use Permit for a tower on the hill on Stephen Cook's property. He presented a picture of the location and a picture of the structure. They are looking to build the tower 196' high. Stephen Cook commented that just south of the existing antenna KRXK had a 190' broadcast antenna at that location. The water tower presently located in that area is 140' high. Discussion on the last request for a tower at this location and the need for the height. Robert made a motion to send this request to public hearing, seconded by Mike. Voting as follows: Aye Nay Davawn Glenn Ladawn Winston Bobbette Ted Robert Mike John Watson Glenn wanted the nay vote understood, the Board has been talking about cell tower ordinances and he feels we are jumping into another cell tower before the plan is in place. He felt it should possibly be tabled, reviewed and then move ahead with a recommendation. Ted and Winston agreed this should not be moved on until a plan is in place. Discussion. Request to vacate alley at 4th -15th Ward Church at corner of 1" East and 2nd South Stephen explained the portion of the alley being vacated is enclosed within the Church's property and the recommendation of the staff is that it be vacated as per drawing. Discussion. Winston made a motion to vacate the subject portion of the alley which is 16'x65' subject to an easement in the name of the City for utility service and this is recommended to be passed on to the Council for public hearing. Glenn seconded said motion, all voted aye, none opposed. 91 PLANNING & ZONING November 14, 2001 7:00 p.m. Chairman: Davawn Beattie Members: Ted Whyte John Watson Glenn Walker Winston Dyer Bobbette Carlson Ladawn Bratsman Doug Smith City Clerk: Marilyn Hansen P.F.C.: John Millar City Attorney: Stephen Zollinger Excused: Mike Ricks Winston made a motion to table approval of the October 24, 2001, minutes until the next meeting. Motion was seconded by Doug. All voted aye, none opposed. Evergreen Subdivision Ted declared a conflict of interest. Ted discussed a new home in the Evergreen Subdivision which has a 3 car garage and a concrete pad which exceeds the 30% landscape requirement. This is a more narrow and deeper lot than most in the subdivision and adding the concrete pad made this exceed the 30% requirement. Ted ask the Board how to handle this, if the concrete should be removed or if the Board would give permission. Discussion. ' John Watson made a motion to approve the site plan as presented, seconded by Winston. All voted aye, none opposed. Public Hearing for Platinum Development for Annexation and Zone Change John Millar read the Notice of Public Hearing after which he described the location of the property. The nature of the request is for annexation with a zone change of the property north of the river to Low Density Residential 1 (LDRI) and the property south of the river to remain zoned Agriculture (A). Glenn Walker declared a conflict of interest. Discussion concerning the green space along the river, building homes along the river, any concerns the City may have, the elevation of the ground and the flood plain area. John Millar reviewed the flood plain map with the Board. Doug made a motion to recommend this request for pubic hearing to the City Council for Annexation, seconded by Winston. All voted aye, none opposed. Doug made a motion to recommend this request for public hearing to the City Council for zone change on the property north of the river to LDR1 and property south of the river remain zoned Agriculture (A) with a recommendation to reserve an area along the river for a green belt. Motion was seconded by Winston. All voted aye. Glenn abstained from voting. Randall Porter Public Hearing for Zone Change from LDR1 to U John Millar read the Notice of Public Hearing. John then described the location of the property and the request for zone change to University (U) for use by BYU-Idaho for an alumni house. Richard Smith representing BYU-Idaho stated this house will be used as an Alumni House with 2 full time employees, two secretaries and will be used only for alumni business. Parking will be in the rear of the house which will lessen any impact to neighborhood. Public hearing was opened, with no public comment the hearing was closed. John Watson made a motion to approve the zone change, seconded by Bobbette. All voted aye, none opposed. Kay Burton Request for Conditional Use Permit and Zone Change John Millar described this property which is located on the corner of 5'h West and 7h South and across the street from the Jeppesen property. This parcel is just under 1 acre in size. The request is for the existing house to be made into a duplex under a Conditional Use Permit. The second request is for a zone change on the property to Medium Density Residential (MDR) for further apartment units. Discussion. Winston made a motion to table the application for zone change until the zone change request for the nearby Jeppesen property has been resolved, seconded by Bobbette. All voted aye, none opposed. The Conditional Use Permit request was discussed relative to property and parking. Kay Burton explained he wanted to remodel the existing home for student housing. In the future he would build another building in the back for married housing which would be approximately the same size as the existing house. Discussion. Ted recommended this request go to pubic hearing with a new drawing reflecting only the one home. Glenn seconded the motion, all voted aye, none opposed. NTCH of Idaho Public Hearing for Conditional Use Permit. John read the Notice of Public Hearing. He also reviewed previous hearing for SBA Towers in this same location. This is a new application from a different company, this tower would be 2 north of an existing tower. The old KRXK tower wasl90' which was removed approximately 4 years ago, the existing cell tower is approximately 100' and this tower is requested to be 198'. Discussion. Public hearing was opened. Richard Smith - 637 N illhollow Richard owns property to the east and south and reminded the Board of the SBA tower request. He reviewed an older letter from Air Link Idaho, operator of life flight stating a high tower would be a hazard to life flight, which is a problem. At some point in time the City and this Commission needs to address location of towers, they are being put all over the City, and this would be an appropriate time to address this issue.. Richard is not sure if this spot is a good or a bad spot for towers, the problem with 200' tower is that it penetrates through the instrument approach zone of the Rexburg Airport. The towers are lifting the minimum heights and making the airport unusable for larger flights. Richard suggested the Commission be consistent with what was done with the SBA Towers request. This commission has an obligation to protect the airport for the City and towers should not exceed the height of the water tower, and this particular request has the tower too high. This property is zoned LDR and there is an objection to the towers going in this area. Discussion concerning the elevation of the tower with the height and the ground level, the height of the water tower and intrusion into the air space approach to the airport. Steven Cook, 2914 W. Hwy 33, Rexburg There was a 190' tower there in the past which met FAA requirements. Steve contacted FAA in Boise and they said there had never been a complaint filed about 190' the tower, this request is only 8' taller. These people need a tower that tall so the beam will shoot into the City to give the City coverage. The SBA Towers request was denied so they built two towers, one tower next to the water tower and one tower on Barney Dairy Road so this is the reason towers are popping up all over. Public hearing was closed. Discussion concerning elevations of the ground and other water towers in this location, the unlit tower in this location, other towers located on Richard Smith's property, discussion of cost of moving towers. the need of official word on changing the instrument approach zone to the airport by Air Link, if conditional use permits are granted for towers they should all be lit. Doug made a motion to refer this request to City Council for public hearing with the recommendation the tower not exceed 198', that the proposed tower not jeopardize or create a change in the instrument approach to the airport and that the tower be lit at a level acceptable to City Engineering Department. Winston seconded the motion, all voted aye. MINUTES OF THE CITY COUNCIL December 19, 2001 7:30 P.M. STATE OF IDAHO, ) County of Madison ) SS. City of Rexburg ) Present were the following Mayor: Bruce Sutherland Council Members: Kay Beck Paul Pugmire Nyle Fullmer Donna Benfield Glen Pond Marsha Bjornn City Clerk: Marilyn Hansen Finance Officer: Richard Horner PFC: John Millar City Attorney: Stephen Zollinger Pledge to the flag. Approval of Minutes Marsha made a motion to approve the minutes of December 11, 2001. Motion was seconded by Nyle. All voted aye, none opposed. The Mayor announced that under the Mayor's business the following items would be discussed: Youth members assigned to committees, police reserve officers and funding, the need to make a change from electrical heat to gas heat in the Police Department Office, and a report on a study for Idaho Housing. The Mayor also admonished those speaking tonight in the public hearings to keep their comments to 3 minutes and to refrain from repetition of items already discussed. A slide presentation had been prepared for each of the agenda items which John Millar presented in detail. Nelda Jeppesen Public Hearing for Annexation and Zone Change John Millar reviewed the location, history and details of the Nelda Jeppesen request for annexation and zone change to High Density Residential (HDR). This request has been before the Council before. Randall Porter - 107 So. 2"d East Randall has had two possible sales, one from a developer for apartments for students, the other offer from the college for an alumni house. In considering both offers, the offer from the college would be less intrusive and maintain the integrity of the neighborhood. Public hearing closed. Discussion that the use of this house be restricted to the suggested use and not to be used for receptions, the zoning of the surrounding property. Richard stated the college would be sensitive to the neighbors but felt that restrictions would be premature as to the use and would request a zone change without conditions. Paul made a motion to change the zone on the property to University (U). Motion was seconded by Kay. All voted aye, none opposed. Public Hearing for Henderson Subdivision The Public Hearing was canceled as per the request of the property owner. Public Hearing for Conditional Use Permit for NTCH of Idaho John reviewed the map showing the location of the property proposed for a cell tower to be built by NTCH of Idaho. This has been reviewed and approved by Planning & Zoning with conditions shown in the Findings of Fact. Public hearing opened Lee Staker - Century 21/Advantage of Idaho Falls Lee represents Bear Cat Builders owned by Lance Steinman from California who represents the cell phone company. This tower is adjacent to a tower that was already there, it will be built according to FAA requirements, and after studies they feel it is a good location for this tower. This property is owned by Steve Cook. Richard Smith - 637 Millhollow Richard was the only person speaking in opposition to this tower at Planning and Zoning. He withdraws all his opposition and supports this request with the conditions recommended by Planning & Zoning. He feels strongly that Planning & Zoning and the Council needs to address an ordinance dealing with towers. Lance Steinman - representing Clear Talk, a network company This tower is needed to complete their coverage in this area. He distributed and explained a map showing the coverage they now have and explained why this tower is needed at this location, and showed a plan for the type of structure. 7 Randall Porter - 107 So. 2" East Randall expressed that the City needs to really take a look at where these towers are going and encouraged a designated location for all towers. Steve Cook - 2914 W. Hwy 33 Steve commented on the proposal last year from a cell tower company which proposal was passed but with conditions. This company backed out and put two small towers in different places in town. He expressed his desire that this request be granted without conditions. Public hearing was closed. Discussion concerning the conditions recommended by Planning & Zoning, the need for towers to be under a Conditional Use Permit, Paul made a motion to approve the Conditional Use Permit with the conditions recommended by Planning & Zoning as follows: The tower not exceed 198' The proposed tower not jeopardize or create a change in the instrument approach to the airport The tower be lit at a level acceptable to City Engineering Department The motion was seconded by Nyle. All voted aye, none opposed. Public Hearing for Hidden Valley Subdivision Annexation and Zone Change to LDR1 John described the area in the notice, some of which is already in the City limits, that anything inside the boundary not already within the City limits would be annexed. This development was done in four phases, it will all be annexed tonight to eliminate a lot of public hearings. Public hearing opened. No public comment, the public hearing was closed. Discussion of Comprehensive Plan and the arterial road in this area, city services and pumps, annexation of surrounding properties. Nyle made a motion to approve the annexation and zone change, Kay seconded. All voted aye, none opposed. Public Hearing for Industrial Annexation and Zone Change John oriented the Council on the area to be annexed which is an island in the middle of the City The public hearing was opened, with no public comment the hearing was closed.