Loading...
HomeMy WebLinkAbout2010-06-22 Planning PACKET Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. ASHLAND PLANNING COMMISSION SPECIAL MEETING JUNE 22, 2010 AGENDA I. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street II. ANNOUNCEMENTS III. UNFINISHED BUSINESS A. PLANNING ACTION: #2009-01244 SUBJECT PROPERTY: 1644 Ashland Street APPLICANT: Goodman Networks, Inc. for AT&T Wireless, LLC DESCRIPTION: A request for Site Review approval and a Conditional Use Permit to install rooftop wireless communications facilities on the existing Ashland Street Cinema building located at 1644 Ashland Street, and associated ground mounted equipment. The installation consists of 12 architecturally-integrated panel antennas. The application includes a request for an Administrative Variance from Site Design and Use Standards required landscape buffer. The subject property is located within the Detail Site Review Zone and the Ashland Boulevard Corridor, and the existing COMPREHENSIVE PLAN building is also subject to Additional Standards for Large Scale Projects. DESIGNATION:ZONING:ASSESSOR’S MAP #:TAX LOT: Commercial; C-1; 39 1E 15 AB; 6800. Please Note: the hearing and record are closed on this item. No additional testimony can be taken by the Planning Commission. IV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). Memo nd DATE: June 22, 2010 TO: Ashland Planning Commission FROM: Derek Severson, Associate Planner RE: 1644 Ashland Street PA #2009-01244 Background th At the May 11 Planning Commission meeting, public testimony was taken on the application and the public hearing was closed. th At the June 8 Planning Commission meeting, the Planning Commission honored requests by the applicants for Planning Action #2009-01244 as well as by two parties who had provided written comment in opposition to the application to reopen the record for an additional seven days pursuant to th ORS 197.763(6)(c). The record was reopened until 4:30 p.m. on June 16, 2010 for written submittals from any person in response to additional evidence presented after the close of the public hearing on th May 11. In addition, approximately twenty additional items (e-mails and written submittals) had been previously received subsequent to the close of the record, and the Commission voted to admit these items into the record with its re-opening. th The record closed at 4:30 p.m. on June 16. All materials received have been posted on-line at: www.ashland.or.us/1644ashland Issues Raised The primary issues raised in the record within these submittals include: Health Impacts – A significant number of the materials provided in the record raise concern over the health impacts of wireless communication facility installation. Staff previously noted in the record that the Telecommunications Act of 1996 expressly preempts local government regulation of the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC's regulations concerning such emissions [47 U.S.C. §332(c)(7)(B)(iv)]. Economic Impacts – The issue has also been raised that there are a number of neighboring business focused on holistic wellness, and that because many of their clientele have concerns over such an installation the proposal could have a significant economic impact on these surrounding businesses. In reaching a decision, the Planning Commission will need to consider these impacts in light of the Conditional Use Permit approval criteria found in AMC 18.104.050.C, most notably: PLANNING DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. Commissioners must also consider whether they believe these impacts can be viewed separately from larger concerns over the environmental/health impacts of the facility, which the City is again preempted from considering in a decision. Collocation – AMC 18.72.180.B.6 requires that applications include " A collocation feasibility study that adequately indicates collocation efforts were made and states the reasons collocation can or cannot occur.” The Development Standards for Wireless Communication Facilities note in 18.72.180.C.2.that, “Where possible, the use of existing WCF sites for new installations shall be encouraged. Collocation of new facilities on existing facilities shall be the preferred option.” The applicants have provided additional information in the record addressing the feasibility of collocation onto existing facilities at the Holiday Inn Express on Clover Lane, and opponents have submitted materials challenging this information. The Planning Commission must ultimately determine whether adequate information is included in the record that demonstrates the burden of proof has been met with respect to the feasibility of collocation. Lease Agreement – AMC 18.72.180.B.7 requires that applications include "A copy of the lease agreement for the proposed site showing that the agreement does not preclude collocation." A lease was not provided with the application, and staff had previously recommended a condition of approval that this be provided with the building permit. This issue was raised in a number of e-mails submitted, and the applicants subsequently provided a lease to demonstrate that the requirement is met. As previously noted in the record (see June 16 e-mail), in staff's review of the lease language, we have noted that item #8b on page 6 indicates, "Landlord will not grant, after the date of this Agreement, a lease, license or any other right to any third party for the use of the Property, if such use may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property." As indicated in the record, in staff's view the language in #8B is overly broad and we have recommended that a revised condition be attached to provide a revised lease prior to building permit which modifies #8b in the lease agreement to more clearly demonstrate that collocation is not precluded and that the limits for conflicting uses be more clearly defined in terms of operational interference. Staff recognizes the difficulty inherent in this decision in terms of the nature of the issue and its importance to those providing it, the volume of information provided, and the limitations on considering a significant amount of the material due to federal regulations. Ultimately, the Commission must determine first whether the information necessary to make a decision has been provided, and based on review of that information in light of the applicable regulations determine whether the information is adequate to make a finding that each of the applicable approval criteria has been addressed to the Commission’s satisfaction. PLANNING DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us