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HomeMy WebLinkAboutFINDINGS OF FACT - SBA Towers, Inc - Approx 4th E & 12th S - CUP for 195' tower & telecommunications facilityP,O. Box 280 Clyir(//�/a, 012e UFF 12 North Center Street Rexburg, Idaho 83440 Phone (208) 359-3020 STATE OF IDAHO Fax (208) 359-3022 t/SHvV www.ci.rexburg.id.us a -mai rex urg ci.rex urg.i..us �� February 27, 2001 Jessie Lassley SBA Towers, Inc. 4424 So. 700 East Ste 250 Salt Lake City, UT 84107 RE: Findings of Fact on Conditional Use Permit Dear Jessie: Enclosed is a copy of the Findings of Fact for Conditional Use Permit for SBA Towers. Yours truly, CITY OF REXBURG Marilyn Hansen City Clerk FINDINGS OF FACT FOR CONDITIONAL USE PERMIT FOR SBA TOWERS On November 15, 2000, Mike Christenson and Jessie Lassley, on behalf of SBA Towers presented to the Rexburg City Clerk a Request and Application for Conditional Use Permit for property located at approximately 4' East and 12' South, in the City of Rexburg, for the purpose of erecting a cellular tower. 2. On December 13, 2000, Jessie Lassley, on behalf of SBA Towers, appeared before the Planning & Zoning Commission for the City of Rexburg requesting a conditional use permit for property located at approximately 4" East and 12' South for the purpose of building a cellular tower. It was recommended that this request should go to public hearing. 3. On December 20, 2000, the City Clerk sent the Notice of Public Hearing 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. 4. On January 10, 2001, Jessie Lassley, on behalf of SBA Towers appeared before the Planning & Zoning Commission for the City of Rexburg requesting a conditional use permit on said property mentioned above. There were comments from pilots requesting clarification of the location of the tower, that said tower have lights and be painted appropriately in accordance with FAA regulations and that notification be given when the tower erection will take place. There was no opposition expressed concerning this conditional use permit. It was recommend by Planning & Zoning that this request be approved for public hearing before the City Council. 5. On January 11, 2001, the City Clerk sent for publication the Notice of Public Hearing 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. 6. On February 7, 2001, Jessie Lassley representing SBA Towers appeared before the City Council of the City of Rexburg requesting a Conditional Use Permit on property owned by Steven Cook at 4' East and 12" South. There was written comment from the Department of Transportation and Richard Smith, there was no public comment. After lengthy discussion a motion was made to approve the Conditional Use Permit conditioned on FAA approval for a renewable period of three (3) years. This request was granted following the recommendation of Planning & Zoning as being in the best interest of the community. Stephen Zollinger, City A orne y February 13, 2001 Jessie Lassley SBA Towers, Inc. 4424 So. 700 East Ste 250 Salt Lake City, UT 84107 STATE OF IDAHO www.ci.rexburgJd.us RE: Rexburg Telecommunications Tower Dear Mr. Lassley: P.O. Box 280 12 North Center Street Rexburg, Idaho 83440 Phone (208) 359-3020 Fax (208) 359-3022 e-mail rexburg@ci.rexburg.id.us At our meeting on February 12, 2001, you informed me that your firm is proposing to purchase the site that was previously approved by the City of Rexburg for Nextel Communications to build a 150' telecommunications tower just east of our City elevated water tank. I was told that the property you are purchasing from Earl's Radio is the same property for which Nextel obtained approval from both the City and FAA and constructed the tower. The approval given to Nextel would run with the property. If your firm purchases the property from Earl's Radio then the permit for the Nextel tower would still be approved. If you are purchasing this property and wish to transfer Nextel's approval for their tower to SBA Towers I would need a letter from Earl's Radio stating that you are buying the property, that the property was approved and had been leased for the Nextel tower and that you will be acquiring the property and that right. Once I obtain this letter we will be able to give you a building permit for the same height and location of tower that was approved for Nextel. I also need a letter from you stating that the proposed 195' tower on the Cook property will be abandoned and that you will no longer pursue permitting this tower at the Cook property site. I have attached a copy of the Finding of Fact and the FAA approval for the Nextel tower for your information. If you have any questions or need further information please contact me at any time. Yours truly, QnW OF REXBURG -W. yPoubllic�acilities illar, PE Coordinator Enclosure: FINDING OF FACTS FOR NEXTEL COMMUNICATION TOWER CONDITIONAL USE PERMIT 1. On 11/12/97 Pamela Nobel representing NEXTEL Communications came before the Planning & Zoning Commission requesting to put a 150 foot Communication tower at the site south of the elevated water tower and other communications system on the hill. She was told by the commission that this would require a Conditional Use Permit. 2. The City Clerk then published a notice of the Public Hearing to Issue a Conditional Use Permit in the local paper, she sent notices to all property owners within 300 feet of the property, and posted notice on the property. 3. On December 10, 1997, a Public Hearing washeld before the Planning & Zoning Commission regarding proposed issuance of a conditional use permit to provide that a telecommunication tower be erected adjacent to the Rexburg Water Tower and that the existing telecommunications tower's equipment building be enlarged. The zone within which this request is being made is currently LDR. 4. At the hearing Pamela Nobel of NEXTEL Communications discussed the proposed telecommunication tower. A letter was received from Teton Communications about their concerns about the tower causing interference to their communications system. There was also a letter from NEXTEL answering those concerns. (Copies of those letters are on file.) 5. It was brought out by the board that lie interference issues are not regulated by this board The board only looks at if it meets our criteria. A motion was made and passed that the board to recommend to the City Council that the Conditional Use Permit be granted because it is compatible, it does meet our requirements and the land has been set aside for public like facilities. 6. On December 17, 1997, A Public Hearing was held before the City Council regarding the issuance of the conditional use permit for NEXTEL Communications. 7. Pamela Nobel and Kelly Howell were at the meeting to discuss the proposed telecommunications tower and to answer questions and concerns addressed by Teton Communications regarding any interference directly attributable to the NEXTEL facility, They stated that it is highly unlikely that interference would occur. The equipment that they use and the F.C.C. license that they operate under require them to have F.C.C. acceptance and have their radio signals fall under admissions mask assuring that there is riot any interference to other licensees. 8. Council members and city attorney discussed the issue with them. Steve Earl representing Earl Communication who have a communication site next to them, was at the meeting to tell the council that he had no concerns at all with them constructing the tower and did not feel there would be any interference caused by them to his system. A, motion was made and passed to approve the Conditional Use Permit as recommended by the Planning & Zoning with the condition that they be amenable of collocation consistent with the contracts that they now have .in other areas. 9. Conditional Use Permit was granted, Stepherf P. Zollinger, City hetbrney Federal Aviation Administra'Eion AERONAUTICAL STUDY NORTHWEST MOUNTAIN REGION, ANM-520 No: 00-ANM-0928-OE 1601 LIND AVENUE, S.W. PRIOR STUDY. RENTON, WA 98055-4056 No: 86-ANM-0056-OE ISSUED DATE: 06/16/00 STEVEN G. EARL EARL'S DISTRIBUTING INC. P.O. BOX 2653 IDAHO FALLS, ID 83403 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 U.S.C., Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, part 77, concerning: Description: EXISTING ANTENNA TOWER FREQUENCY 460 MHZ @ 1 KW; 860 MHZ @ ,25 KW Location: REXBURG . ID Latitude: 43-48-03.68 NAD 83 Longitude: 111-46-46.87 Heights:- 150 feet above ground level (AGL) 5315 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking and/or lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory Circular 70/7460-1K. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, frequency(ies) or use of greater power will void this determination. Any future construction or alteration, including increase in heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications _ssion if the structure is subject to their licensing authority. we can be of further assistance, please contact our office at 425-227-2536. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 00-ANM-0928-OE. Ted Mellarfd Specialist, AIRSPACE BRANCH (DNE) DATE: (0111500) PLANNING & ZONING December 13, 2000 7:00 p.m. Present: Presiding: John Watson Members: LaDawn Bratsman Ted Whyte Gary Steiner Raymond Hill Doug Smith Mike Thueson Roger Muir Bobbette Carlson Riley Bowman City Clerk: Marilyn Hansen P.F.C.: John Millar Council Member: Donna Benfield City Attorney: Stephen Zollinger The minutes were discussed, one change was noted and there should be clarification in the minutes between John Millar and John Watson. Roger made a motion to approve the minutes with the noted changes, Ted seconded motion. All voted aye, none opposed. Daniel Clark's request for zone change from Industrial to Highway Business District John Millar reviewed the request and location of the property. There was discussion concerning this request in relation to the Comprehensive Plan and the conditional uses in Highway Business District. Daniel Clark - 111 N. 2' West Daniel has an auto body repair shop and would like to have a used car lot at that location. For the used car lot they need an office, a sign and space, all of which they have now. In order to have a dealership they are required to have parking for a minimum of 7 vehicles. His lot is 134x160 and his shop is 40x60. If he opens the car dealership his plan is to probably cut down on repairs. More discussion on modifying the zoning ordinance to make a car dealership a conditional use in the Industrial zone, which would give some control. Ted feels this would be a better way to go so it didn't turn into a 50 car junk yard. The alternatives of changing the Comprehensive Plan, the zoning, modifying the zoning ordinance or denying the request were discussed. Midway on page 27 of the Zoning Ordinance, it was suggested that retail motor vehicles which are permitted in CBD and HBD also be added as conditional in Industrial. Mike made a motion to table the Daniel Clark request until such time that the Zoning Ordinance can go through the process of modification to make retail auto sales a conditional use in the Industrial zone. Bobbette seconded the motion, all voted aye, none opposed. Public Hearing Eaglewood Enterprises request for zone change from MDR to HDR John Millar detailed the area this zone request would cover at the intersection of 2' East and 7" South. Keith Romney described the property located south of Aspen Village. This complex will be built over a period of time subject to the needs of Ricks College. The planned project has 15 apartments to a unit. Single students will be housed in the first phase, the other phases will be built to accommodate the demand. Public Hearing was open Scott Johnson - 545 So. 2' East, Aspen Village Scott questioned when this unit would be open and was told the plan is to have the first phase open for the fall. Van Elg - Rexburg Housing Office Van gave his view of the apartment situation and the Ricks College speculation. He is a little concerned that the market is over saturated now and feels there will be a higher demand for family housing rather than single student housing. Public hearing was closed. Discussion by the board. Roger made a motion to recommend this go to public hearing before the City Council. Motion was seconded by Bobbette, all voted aye, none opposed. SBA Towers' request for Conditional Use Permit John Millar explained the location of the land involved in the Conditional Use Permit which is due east of the water tower approximately 1/4 mile. The proposal is to build a 195' tower at that sight. Discussion concerning the height of this tower in relation to the water tower. The Airport Board has made a strong stand that nothing be taller than the water tower, which is approximately 120' high. Anything built there will need to have FAA approval. `A I 1. Jessie Lassley - 4424 So. 700 East, Salt Lake City, Utah Jessie represents SBA Towers and was aware they would need FAA Approval and the tower would need lights. This company is a tower building company, not a carrier. They build towers to host 6-7 carriers, they must have at least 3 carriers to begin the tower. Doug made a motion to send this to public hearing, seconded by Raymond. All voted aye, none opposed. Review of referral from City Council concerning requested modification to Comprehensive Plan. Ted Whyte declared a conflict of interest. Stephen reiterated that this was a review of the referral from City Council concerning the Comprehensive Plan modification. The actual request could be discussed but could not have a decision for at least six months. The City Council held their public hearing, at that time a request for a change to the underlying Comprehensive Plan was submitted. The technical problem of not being able to revisit the Comprehensive Plan only every six months was discussed and we are now part way through the process which would prohibit going back and modifying the plan at this time. At the public hearing for City Council, Councilman Pugmire made a motion to table the request. He was concerned that the Board may be unaware of the concerns of the neighbors relative to the Comprehensive Plan designating them as commercial. He wanted it to be tabled until such time the P&Z Board could look at the underlying Comprehensive Plan to be certain that the Comprehensive Plan was not inconsistent with what the wishes of the neighborhood were. There was extensive discussion by the Board and was unanimous that the Board as a whole knew the concerns of the neighbors, knew what the Comprehensive Plan stated and they felt it should remain as it stands at this time and needs no further review. Doug made a motion to send this referral back to City Council as it now is. Motion was seconded by Roger, all voted aye, none opposed. Ted Whyte abstained. Present: PLANNING & ZONING January 10, 2001 7:00 p.m. Presiding: Ted Whyte Members: Raymond Hill John Watson Doug Smith Bobbette Carlson Riley Bowman Glenn Walker Michael Ricks City Clerk: Marilyn Hansen P.F.C.: John Millar Council Member: Donna Benfield City Attorney: Stephen Zollinger Ted welcomed all the scouts in attendance. Raymond made a motion to approve the minutes, seconded by John Watson. All voted aye, none opposed. Public Hearing - SBA Towers Marilyn read the Notice of Public Hearing. Jessie Lasslie - 4424 S. 700 East, Salt Lake City Jessie is a representative of SBA Towers and explained their intent with the Conditional Use Permit. They plan to build a 190' free standing lattice tower on the land owned by Stephen Cook near the water tower, better known as land south of the U. S. Cellular tower. There will be a 100'x100' yard accompanying the tower. Right now the company has approximately 13 towers from American Falls to Ashton. SBA Towers builds the towers then leases them out to other carriers, this tower will accommodate six carriers. Opened public hearing. David Kelsey - Rexburg, Idaho David was interested in the exact location of the tower. Greg Wood - Owner of Teton River Flying Service Greg owns the Teton River Flying Service out of Teton and is also an officer with Pacific Northwest Air Applicators Alliance, a tri-state organization that encompasses, Idaho, Oregon and Washington. This organization is concerned with notification that these towers are going up as well as lighting and painting. He complimented the zoning commission on trying to keep the towers congregated in one area and requested they insist on the lights and the appropriate paint application according to FAA regulations. John Millar presented a map and discussion on the location of the tower. (Discussion of lights, paint, roads, FAA approvals) Doug made a motion to recommend this Conditional Use Permit to City Council for public hearing. Motion was seconded by Bobbette, all voted aye, none opposed. Final Plat Review - LDS Church John Watson declared a conflict of interest. John presented the final plat and reviewed the use for a future proposed Deseret Industries building with possibly a Beehive Clothing, facility management offices, cannery, Bishop's storehouse but basically a multi -functional building of 42,000 sq ft. The LDS Church owns all the property which encompasses four lots. They want to retain the ownership of Lot 3 for the proposed Deseret Industries building. They are platting the rest to allow them to sell Lots 1, 2 and 4. This plat has been surveyed, the power company will relocate the power line. There is also an ingress easement running down the south side of Wendy's for easement into Lot 4. Discussion concerning easements, sale of lots, roads, and water rights. Riley made a motion to approve the final plat for the LDS Church. Motion was seconded by Mike. All voted aye, none opposed. Zoning Ordinance Modification Several items in the zoning ordinance in need of review were discussed. Those items included the following: Auto sales in the Industrial zone Cell tower regulations and ordinances and the possibility of classifying all towers under a conditional use Modification of the townhouse ordinance. Presently they are allowed only as 4 in a row and possibly this requirement needs to be changed to 6 or more What conditional use permits can be approved on the Planning & Zoning level without going to the City Council Lighting standards for streets and parking lots Sign Ordinance and variances What is classified as landscaping 2 MINUTES OF THE CITY COUNCIL MEETING February 7, 2001 7:30 p.m. STATE OF IDAHO ) County of Madison ) SS City of Rexburg ) Present were the following: Mayor: Bruce Sutherland Council members: Nyle Fullmer Mayor Sutherland welcomed the scouts. Pledge to the flag. Marsha made a motion to approve the minutes of January 17, 2001. Motion was seconded by Paul, all voted aye, none opposed. William Faurote and Jeff Schroeder have completed the Idaho Wastewater Operators Class 1 Operator course. The Mayor presented each of them with a Certificate of Completion and thanked them for being willing to work and study to become more proficient in serving the community. Richard asked for approval from the Council to allow the Fire Department to dispose of their old telephone system. This needs to be declared as surplus equipment, there is a buyer for the system. Donna made a motion to surplus the telephone system, said motion was seconded by Nyle. All voted aye, none opposed. Marsha Bjomn Glen Pond Paul Pugmire Donna Benfield City Clerk: Marilyn Hansen Finance Officer: Richard Horner P.F.C.: John Millar City Attorney: Stephen Zollinger Excused: Kay Beck Mayor Sutherland welcomed the scouts. Pledge to the flag. Marsha made a motion to approve the minutes of January 17, 2001. Motion was seconded by Paul, all voted aye, none opposed. William Faurote and Jeff Schroeder have completed the Idaho Wastewater Operators Class 1 Operator course. The Mayor presented each of them with a Certificate of Completion and thanked them for being willing to work and study to become more proficient in serving the community. Richard asked for approval from the Council to allow the Fire Department to dispose of their old telephone system. This needs to be declared as surplus equipment, there is a buyer for the system. Donna made a motion to surplus the telephone system, said motion was seconded by Nyle. All voted aye, none opposed. would be lighted and would fall under the rules and regulations. The land belongs to Steven Cook, the property as it stands now will not be changed in any way due to the fact that there are other towers in the location. The tower will be for cell phone communications and should host 6-8 carriers. Paul left due to illness. Public hearing was open. There was no public comment, the public hearing was closed. Mayor read into the record letters received from Wayne Pickerill of the Department of Transportation and from Richard Smith. Discussion concerning lighting and FAA regulations. There is approximately 45 feet difference between this request and the existing tower. Discussion of multiple carriers on one tower compared to less carriers on more smaller towers, the communication coverage with higher towers, SBA restoring the land to its original form if the tower is naked, the renewal term lease of 50 years between SBA and Stephen Cook, the need for Planning & Zoning to come up with a better City ordinance concerning towers. Glen made a motion to approve the Conditional Use Permit request for a cell tower with FAA approval for a possible renewal period of three (3) years. Said motion was seconded by Nyle, voting as follows: Nyle, aye Glen aye Donna aye Marsha nay Discussion that in three years if the ordinance requires something different than it does right now there is a possibility that this tower will need to be lowered or moved. Public Hearing LID 31 Richard recapped the history of LID 31 being set up approximately two years ago for improvements on properties, mainly sidewalk, curb and gutter, street, storm drains, water and wastewater. Part of the LID was a list of properties changing hands that did not have sidewalks which were added to the list. Added to the project were properties along the South Highway, 2' West, 1" West by the traffic signal and other miscellaneous properties. The project took more time than had been planned on but is now finalized. Public Hearing was opened Joan Diamond - 189 N. 4000 East, Rigby, ID Joan was speaking on behalf of her parents, Glen and Ruth Henderson, residing on Grandview Ave., in the Grandview Townhouses. A letter had also been submitted by Joan for the record. These four townhouses which are 1100 square feet each are being assessed $4,633.41. She had been informed this could go up 20% which would bring the amount to $5560.00 which she