PC Minutes 8/23/06
ITEM NO. 13: SPECIAL USE PERMIT FOR T-MOBILE; 3420 BOB BILLINGS PARKWAY (SLD)
SUP-07-02-06: Special Use Permit for a 150’ T-Mobile monopole cellular tower and equipment shelter. The property is located at 3420 Bob Billings Parkway. Submitted by Selective Site Consultants for T-Mobile Central LLC dba T-Mobile. Lawrence Hidden Valley Committee, Inc. is the property owner of record.
STAFF PRESENTATION
Ms. Day introduced the item, Special Use Permit (SUP) for a 150’ T-Mobile cellular tower. She outlined the general details of the proposal, noting that:
· Proposed request is for construction of a new communication tower.
· Request is subject to new development code requirements.
Planning Staff recommended approval of SUP-07-02-06, a Special Use Permit for the construction of a 150’ tower and placement of antenna and accessory structure and forwarding of it to the City Commission with a recommendation for approval, based upon the findings of fact presented in the body of the staff report, subject to conditions.
APPLICANT PRESENTATION
Jess Louk addressed co-location issues and explained that at the request of T-Mobile and The Girl Scouts they have proposed a stealth tower, provided setbacks, and used trees as a screen.
Commissioner Eichhorn inquired if the tower was designed for additional carriers and Louk responded that it was.
PUBLIC HEARING
No public comment.
APPLICANT CLOSING COMMENTS
No closing comments.
STAFF CLOSING COMMENTS
Day stated that this is the first consideration of a cell tower under the new development code guidelines so staff will require independent review before it goes to City Commission.
COMMISSION DISCUSSION
No Commission discussion.
ACTION TAKEN
Motion by Commissioner Harris, seconded by Commissioner Haase, to recommend approval and forward to City Commission based on the findings of fact presented in the body of the Staff Report and subject to the following conditions:
1. Execution of a site plan performance agreement.
2. Provision of a revised site plan providing:
a. The dimension of the tower from the property line;
b. The location and deed book and page reference for the utility easement;
c. A note to indicate that disturbed vegetation shall be replatted or new materials; planted to maintain a continuous screening per staff approval; and
d. Note material of extended access drive.
3. Facility shall be inspected annually at owner’s expense and inspection report shall be filed with Planning Director per section 20-529 (4).
4. Provision of a revised site plan to include the following notes:
a. No commercial advertising shall be allowed on a tower per 20-529 (2)(i);
b. Lighting for accessory buildings or structures shall be subject to staff approval prior to addition and shall be shielded and directed downward;
c. Structure shall be removed if facility is not in use for a period of three full years at the owner’s expense per section 20-529 (3)(i);
d. Facility owner shall submit a letter to the Planning Director by July 1 of each year listing the current users and types of antenna located on the facility;
e. Owner/operator shall at all times employ at least ordinary care and shall install, maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public per section 20-529 (3)(iv);
f. Provision of a fee “sufficient to cover the cost of an independent study and provision of a form authorizing the city to use those funds to hire consulting engineers to review the application and advise the city on the extent to which the applicant has or has not met the Burden of Proof, required by subsection 20-529 (7). (Such fee shall be established by the City Commission) per section 20-529 (6);
g. All telecommunication towers or telecommunications antennas shall conform to the requirements of the Occupational Safety and Health Administration (OSHA). 20-529 (9) (vii);
h. Mobile or immobile equipment not used in direct support of a Telecommunication Tower facility shall not be stored or parked on the site, unless repairs to the Telecommunications Tower or Telecommunications Antenna are being made. 20-529 (9) (xii);
i. Applicant shall provide the City Clerk a written indemnification of the City and proof of liability insurance sufficient to respond to claims up to $1,000,000 in the aggregate which may arise from operation of Telecommunications Facilities within the City , both subject to the approval of the Director of Legal Services prior to issuance of a building permit. 20-529 (13) (i); and
j. Applicant shall present a bond to the Director of Legal Services in the amount of $20,000 which shall be available for use by the City for the removal of the Telecommunications Facility should said Telecommunications Tower ever be abandoned. The bond shall contain the following endorsement: “It is hereby understood and agreed that this instrument may not be canceled nor any intension not to renew be exercised until 60 days after receipt by the City, by registered mail, of written notice of such intent.” Per section 20-529 (13) (ii).
Motion approved 9-0-1, with Commissioner Lawson not present.