HomeMy WebLinkAbout2010-06-22 Planning PACKET
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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
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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
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At the May 11 Planning Commission meeting, public testimony was taken on the application and the
public hearing was closed.
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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
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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
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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.
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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