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Home My WebLink AboutResolution 731 - Sprint Nextel Concealed Telecommunications TowerPLANNING COMMISSION RESOLUTION NO. ~ ~~ A RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT FOR CONSTRUCTION AND OPERATION OF A DISGUISED TELECOMMUNICATIONS TOWER LOCATED ON PRIVATE PROPERTY OWNED BY KENTUCKY FRIED CHICKEN Applicant: Sprint/Nextel, LLC, Agent: Sharon Gretch (37S 2W 42, Tax Lot 2905} File No. 47121 WHEREAS, the applicant has submitted an application for Conditional Use Permit approval for the construction of a telecommunications tower disguised as a 60' flagpole, located on pxivate property owned by KFC. The entire pxopexty consists of approximately 35,283 sq. ft., with the applicant leasing approximately 20' x 16' of gxound area, ar-d is identified on the Jackson County Assessor's map as 37S 2W 02, Tax Lot 2905, located at 250 Peninger Road, in the City of Central Point, Oregon; and WHEREAS, on July 3, 2007, the Central Point Planning Commission conducted a duly-noticed public hearing an the application, at which time it reviewed the City staff reports and heard testimony and comments on the application; and WHEREAS, the Planning Commission's considexation of the application is based on the standards and criteria applicable to the Application Review Process -- section 17.05; Antenna Standards -17.60.040, and Conditional Use Permit section 17.76 of the Central Point Municipal code; and WHEREAS, the Planning Commission, as part of the Conditional Use Permit application, has considered and finds per the Staff Report dated July 3, 2007, that adequate findings have been made demonstrating that issuance of the conditional use is consistent with the intent of the C-4, Tourist and Office Professional District, now therefore BE IT RESOLVED, that the City of Central Point Planning Commission, by this Resolution No. ~3 ~ does hereby approve the application based on the findings and conclusions of approval as set foxth on Exhibit "A ", the Staff Report dated July 3, 2007, which includes attachments, is attached hereto by reference and incoxporated herein. Planning Commission Resolution No. ~~ ~ (07032007) PASEL7 ley the I'l~nnin~ Cot~t~tissioz~ and sinecl by ~~~ in ~utl~entic~tio~-- of its passage this 3rd day cif July, ClCl7. ATTEST: ', ~~ ~Yty Rf'A7reS~ L1~~1 ~! VC approved }ay Y-ne this 3rd day of duly, ~.QC}'7. t 1'Ia~~ ~ ~~ ing Cc~~n r~i i ~:~Ioxx t,...~ ~,, ~„ , l'lanzling commission Resolution No. ~'~ (Q7032007} iy f r°ir~l cent, r,a 14Q So.1`hird St„Central Point, tJr ~75tt7 5~1,6Ca~.3321 i"ax 541.arr64.3~iA www.ca,~entral-point,or,u5 ~ L k ~ 1 ~ ~~ ` .,~ .~" a ~ ~T~ a `; ~ {• .llll}t ~, l~Q~ EXHIBIT" /. " ~ar~ni ~.rt °tcarn hlun~pf7rey,A1CP, Ccarnrr+unity C-evelo~ment [7irectorl (assistant City ,0.dmirsistrator ITE ~1U: p7121- rintll`lextell--CUP Cansideratian of a Canditianal Use Permit Application far the purpose of anstructing and operating a disguised fewer-mounted telcammunicatians tower, (Sprinttl'~Textel, Applicant). Lisa Morgan, Planning,„~T AC G U The Applicant is requesting approval of a Conditional Use Pe its far the construction d Y `i~~l ~~, _t ~ '. operation of an ttnstaffed, disguised' r 4,r ~.4j." ~ ~ ~~~~; telecommunications facility, The property is loccated ~~~°' ~`, in a C-4 zoning district. :~ ~ ~ ~ The proposed leased location is on private property a ~ awned by E~.entucy Fried Chicken. ~t . ' 'ir Sprintll*lextell is proposing to lease two (2) of the i : , ~;; ~ excess parking spaces from KFC, consisting of .~ ~~. .., ~ ~: „ "~r~: approximately 0' x 16' ground a. During FTC's .'~ ' ~ f~~~' -~~ Site Plan review in 20tJ~, they provided 39 parking <~ :~ "~ ° ~` "~ `~ ~ ~ spaces, 35 parking spaces are required. This proposed area is identified in Figure l above, ~u~d is located at the southern portion of the C property. This proposal will net have an impact an KFC's minimum parking requirements, existing vehicular in sslegress paints, existing landscape requirements ar any ether requirements that were associated with the approval of KFC. SprintC2*textell will disguise their telecammunicatian facility, as a 60' high flagpale~. (Refer to Figure ~ on pg. 2,) The flagpole design has reserved space in their site plan far a future co-locate. The approval of this CUP would extend to the co-locate, however, the ca-locate will be required to file a Type fir Administrative Site Plan Review. Figure 2 .r ~~gy 4c I !~ L4!~iliwl ~1.? .t~1#.ksii~~ll111.+Lhi ~ L` ~. ~! i~ac;r<: will is- : ~~ , ~inr~unra~ai c;al~ilac l li ~cli gala EI~~ ,~ ~~', - ~~,.d51 ~i;x: (~j} to<~? ,, _ ~ ~~:~~c;hir~f3, rllc ~.~tiis iiu. ~,;Ia~;in+~ u:~:,; ~ ~~ ~~i,~~~ }» I~~ ~~~ . `~~~~sri~tt~itc~~:f~~lf I:~ ~ ~~~~ Ii1r,ilts itl ,~i u :i ,~~~ ii~;.~il ir~cil~,~~ ~~,, li~~i~~ ill l; , ill'c).tll~('ti~u14,C ll~;~li, 'alU; Oallc','rw,ll ~)(' Pa ~7{H)(~ lI~',II~I C(7 { ~~~ ti?C ~+ii~ ; li il; i ~,',~, 1]1111111ttdt{.;CI {.IIII'IIa,' (I71I1~~ hOali";S. ~~~,~>T I! lip>I11S (~{)1ll~l}' 1.1111 ~ ~ 11 '?1111' G requirel~~c;Iar~~,. 'Ili a [irlifcd ,`~trli~::, i '~u ~~ rcI Iai;cs~ ilr~~ ~~~ , ~,:;~; ~ ic;,I, ; . ~.~, ~laai IS fll`~l~?lay~,rl twe-]It}'.1O1~I ~1OLli~ti,7 Cl<l }' l9' i?iOl)C9~IV a~ll'illlil ;il~'~i (~LaF'lilr?ahC lat)laI'~ 03 (l~,II:II~°;~5. (lZ{`.ff;f fit) i~Lt~iCl' Ift1C'97'1 °S („'}. ~'+at) ;1!'~C f ~ :!~~~ I)I"OI)t)SC;fI lly ,ISSOCiatiola lvifla ~l3 is; azl~Ihlicaiillla, `~I7rlnt/ 1~1c:xf~;l is hrolll~sin~_~ ,~ .q iII I Scrvit~c. `l•h: ~ ~ ~,.~ ~ ~~.o>asis'i ~,i 13i~;lt;t1 ('cliul~Il, 1?ir~:r;i C~~t~i~:~,~a (Ir~r~p r~Ilu~ 1v~alkic~-1. Il ~;~ ~~~:~~ ~i~~~ ~~Ir~~,ia<~n~ ,. +ha~t suhhoa~t ilai:~), Iv1t~l,il~. ~~.i ~<,~,~in~~ ;:~ui Or~li„~ ~,~:~,~,i~.~~~. {I~c~~r ;~, ~~ii~n:brraeni ``I3"~ ~- ~]1t'r'C,'. a~''/ 11t~~ 1SS1,14`';i a5:>(,a !~~~~ i ~,~'ilil 1111: ~)~?I1C'~ ii(Iil 1,~,1-'~tny ut~ar~ co-]c~cat~. ~,~•i]1 be sul~jecl to a `~~}-pc I1 ~+<]aa~inastz-~~ti~c' `~it~ ]3]aa1 Izc~,~zcw. ~7,"T"~~"~~i1~~.1~'7' ~il3aca~ra_~ent "!~„ - ~pz,in.tiNextell ~I~etail ]Tara d'c i~.]e~~alion l~itacl~t».e~>1 "I3" - `~pa-ia~t~'Nexte[] Project Naa•rafive ~ 1 ia>dia~g;s !~~tac}an~at;a~i "C~" . Ut~itec] Mates C;ocic fol~ l~rnla~t:a~~ I~la~s ~'~~~tae]~naea.~t "]~" - Pla~lic t~'c~Y°~s irrlai] ll.ttae}zanent "~~'~ -~ I3ui~lcLia~~~ 1~)ei~artment ~ta~i~1«;j3ort ~tiaclln~e~7t "i~" - P]annin~ T7epartanent I~iaxdilz~rs ,~ttachn~ent "G" ~ 1'ro]~osec3 Resolution Consideration a'~Coz~ditional Ilse Permit, ~. ~~ ...,. .,~,...~.a.e,..,..w,. ...,~.,,.e...~:~..~.,.~ m,K,..w....e.... ......wwwwww+..+.~ww.rw.~. Coa~ciitic~nall~~ ~hi~z°~we t;v~~iria~tio~ acid c~peratiLn. Q~~ T~,1c~;~nln~unicafi~~al l~acilit~.~. ~ CPi~~iC 17.4^-.O 1U - Siq•~~:~< < I ~ isl;ii~; ~ of ~rcmises ATTACHMENT " t~ S art: C'.vV9J1,C rw5~•0 +CE CC+CRE"E F J~T'M1C'RT -o -ck E.~3..a ^P o~ aau a t:i: xu ~-RRCF46E0 60 FJaG^OCE ryr'.KR CaRAiCR r:cc sssx soa:rl r-P4 ~'tlSFJ SrR,vr C9~+ LA'SP~Er! lrrr.~x'os[o xaas rEncE. 4 vx :~~ FM~S~n; :$6Y ZV5'_ --qf 6' Pv: ~:!~ON~ 'M1~1M1 I±fORTFEWEST SLEVATIOti {(`~{7^y1' 0 l.itl ]M IP ~ !1•x r7•r• "~_ R~R~,• .,•.,a ~{ ~1 €E i ~, 4l5 ` I 'If I1 s. I~ E; ! ~.. b'N;u M1CSb cE~!CS~ - ~f r Ef C.ESS G~`C~ ~,~,J `~~\ ~ ~~ 11 ~ I ``~ ~~'0, / ~ ` / 1 ` K l%~` ` itt E55r Ji,cC~. E+ ~{~: ~-v.ti-.-.~-w/ / _~~ J^L ~_1 PR4^45E9 ="0'i'.: 0/J;:-u^--ti.. J / ~ ~ '%r'~ \\ `/ ~~'3. /F /M J/ /r~v~ / ~, / /'JJ 1 404; t9 rJp 'f5 'l' /i , ~J/~ ~ f/lam ~~l/ sRCVO5E0 ~ ,s. ~S ` 1, / ~~ ., ~,~ ~, .y ` ' FRCP )FF6 y';:" v4~ER 4.raevE \ `.,C~v %,,~ l•:. ~ / L vi.t•^i:!x 'r 1. / ~_c.~r'. ,..., ~ i I f. ~ . , I ^ f Ik I ~ ~ •~ l~ ~ DETAIL PLA3V ~(q2_~~1 o sr ~/ a:~ ,~:e \~ Sprint/ Tagefher with Nextel. a~9 w..=sr caxao xvs~,us RAMAKER ~S~i.EI~TCS 3~4`C. 1170 p~F~5md Sxkpry,Rixmdc !7133 V'a'ar 543fi43-F30] !'s 67161}1~) xxwr~i¢Fm PROJECT NO: 11031 ~NI:: 69M4 CRO,+JR dRV: xxk ___. S/~/2007 _.._.._ l I E E (~[ !3r A5 NOTED HAMRICK - KFC P005YV0405-G 25~ REa~,\.E~i DETA[L PLAN & ELEVATION S..i~: ...'=~~~. A-2 ATTACHM~~T "_ ~_ ---99 t: ~~~ ' ~'' 3 €i I~ _. "~ jai • € t 4 ~pr~n ,/ r f 7agethervsrith tVEX~E1. SPRINT / 1VEXTEL CONDITIONAL USEAPPLI'CATION for POOSW0405 Hamrick - KFC Submitted to City of Central Point Planning Department I. GENERAL INFORMATIDN Land Owner: L & B Holdings, LLC, a limited liability company 390 West McAndrews, Medford, OR 97501 AppCicant: Sprint /Nextel $405B SW Nmbus Avenue, Beaverton, Oregon 97008 Agent: Sharon Gretch, Pacific Telecom Services P.O. Box 953, Veneta, Oregon 97487 Mobile : (541) 941-5834 Tax ID Number: 372W02D TL 2905; .80 +/-Acres Net Area of Project Area: 300 sq. feet Current Zoning: C-4 Tourist and Office Professional District Address of Project: 250 Penninger Road, Central Point, Oregon 97502 Current Use: Restaurant II. PROPOSAL A. Project Description Sprint /Nextel is requesting approval to construct and operate a wireless telecommunications facility on private property located at 250 Penninger, Central Point, Oregon 97502. The property is located in the C-4 Tourist and Office Professional zoning district. Nextel proposes to construct an unstaffed telecommunications facility consisting of a new concealed facility inclusive of a 60-foot flag pole with Sprint Nextel located at a center line of 56' and an additional antenna location at approximately 45' center line for a future carrier. The antennas will be concealed within a Radome canister that will completely obscure the antennas from view. The associated radio equipment will be located near the base of the pole within two existing parking spaces (approximately a 20' x 16' ground lease area). SPR11`'T / NEX7'Is"L CDNDITIDIVAI, rISE /~YPI,ICATION - CI7'}' DI~ CIiNTRAl. POIN7' POOSW0405 HAMIZICK-KFC Paget The enclosure is of sufficient size to allow for expansion of the site's capacity and ensure that additional radio equipment may be added in the future as call traff c increases at the site. The lease area will be surrounded by a wooden fence to match the existing fencing on-site and will be accessed by an existing driveway that emanates from Penninger Road. B. System llnformation Sprint /Nextel is a leading provider of fully integrated, wireless communications services on the largest guaranteed, all-digital, wireless network in the country. Sprint /Nextel and Nextel Partners, Inc., currently serve 19$ of the top 200 U.S, markets. Through recent market launches, service is available today in areas of the United States where approximately 240 million people live or work. Sprint /Nextel has set their goals to become the premier wireless provider to bring a superior, more cost-effective and secure wireless communications network to the Qregon market. Sprint /Nextel is actively pursuing the deployment of their Oregon network to further establish their foundation as one of the mare advanced wireless communications providers in this region, as well as, the nationwide market. Sprint /Nextel looks forward to working closely with local jurisdictions to develop their community-oriented network and provide them access to a host of network amenities. The goal is to provide the best seamless wireless telecommunications network to the resident's, employees, and commuters within the area of Central Foint and the surrounding communities. The 4-in-1 service-Digital Cellular, Direct Connects, Mobile Messaging and Sprint /Nextel Online-covers thousands of communities across the United States. They use apacket-based platform, the integrated Digital Enhanced Network (iDENTM} technology, developed by Motorola. This all-digital technology provides exceptional sound and transmission quality, using state-of--the-art methods that deliver these unparalleled services: Digital Cellular Customers experience crystal clear calls and guaranteed message delivery in a secure environment, no matter where they travel within the National Network. Direct Connects` Service Sprint /Nextel Direct Connect, the only digital long range walkie-talkie feature built into every phone is the easiest and fastest way to instantly contact co-workers, contractors, family and friends, all at the push of a button and a fraction of the cost of a traditional cell phone call. Direct Connect is instant conversation and answers. Direct Connect service works over Sprint / Nextel's digital network, which creates an incredibly clear, secure link between callers. • Mobile Messaging The untethered power of the Internet keeps customers connected to clients, co-workers and family with text, numeric and two-way messaging. • Sprint/Nextel Online Service Ranked # 1 in wireless Internet service satisfaction since January 2002, according to In-StatIMDR Group, Sprint /Nextel Web-based services provide anywhere access to office or personal email, wireless-enabled Internet sites and company databases. SPRINT / NEXTEL COND]TfONAL USF fIPPI.ICATfON - L;ITY Clf~ CF.'N7'IZAf. I'OIN7' POOSW0405 I'IAA4RICK-lCFC Page3 In order to provide these services to their customers, Sprint /Nextel is constantly refining their local, nationwide, and even global networks/partnerships. They recently launched their Nationwide Direct Connect, which allows consumers to contact anyone on the National Network: coast-to-coast. International customers travel the globe with Sprint /Nextel WorldwideT~" service. Their Internet-ready global phones operate on the iDEN network in the United States and seamlessly move to GSM in more than 80 countries. Sprint /Nextel offers many options to the worldwide traveler. Whether they frequently travel abroad, occasionally Ieave the country, ar dust want to use their phone in seven select countries, Sprint 1 Nextel meets those needs. C. Network Overview Since their introduction, wireless telecommunications systems have proved to be an invaluable communications tool in the event of emergencies (traffic accidents, fires, etc.} and natural disasters (earthquakes, floods, etc.} where normal land line communications are often disrupted, overlooked, or inaccessible during and after an event has occurred. This service and similar technology are utilized by numerous governmental and quasi-governmental agencies that provide emergency service. Wireless telecommunications systems, including cellular telephones, have also proved to be invaluable tools in business communications and everyday personal use. In this sense, wireless telecommunications system networks have proved to be desirable in the interest of public convenience, health, safety, and welfare. Wireless communication is accomplished by linking a network of radio wave transmitting devices such as portable and car phones, to the conventional telephone system through a series of short-range, contiguous cells. Similar to a honeycomb pattern, a wireless system is composed of many neighboring and interconnecting cells called, "cell sites," covering specific geographical areas. Each cell site contains transmitting/receiving antennas and radio transmitting equipment. As a customer enters one cell and exits another, the call is transferred between the cells by a computer at the main switch station. Calls are transmitted or received on a cell phone, PDA or wireless computer because each cell site shares a fixed number of frequencies on the network grid. A caller may initiate a call from within the radius of one cell antenna, as the caller travels through the network; the call is transferred from one toll to the next, thus enabling continuous, uninterrupted transmission. Wireless technology operates on a line of sight that is antennas must be mounted high enough to overcame challenges posed by local topography, existing vegetation, avoid interference with other wireless infrastructure, and surrounding structures/development. The distance between cell sites will normally range from %2 mile to 9 miles, depending on the population density, consumer usage, existing vertical elements, and the geographical terrain. The required height for antennas is usually proportional to a combination of the distance each cell site can service and the customer demand within their sphere of influence. Typical placements for antennas are on utility poles within the public right-of--way, light standards, freestanding towers, guyed towers, and lattice, or self-support towers. Antennas can also be placed on rooftops, integrated into the building's architecture, and other building features if the structure has suff cient height to meet the needs of the service area. Wireless facilities located throughout Nextel's service area are intended to provide seamless call coverage, capacity and quality to its network. The following are some of the basic types of cell sites: SPnrn~r~ I NEXTEL CONIJITfONAL UsF E1f'f LIGATION - C17'Y O1- CIs`NT'RAL POINT' P005W0405 trAA4111C,'K-KFC Page4 Covera;~e„sites serve to expand coverage in large areas or in areas with difficult terrain and to enhance coverage for portable systems. Coverage sites allow users to make and maintain calls as they travel between cells. Capacity sites serve to increase the capacity when surrounding sites have reached their practical channel limits. As the years pass, the number of subscribers increases exponentially creating a strain on the existing network. In order to alleviate this strain, capacity sites are implemented into the systems network to accommodate the increase in customer demand. D. Site Tnformatiarr Unlike other land uses, which can be spatially determined through the General Plan or other land use plans, placement and implementation of wireless telecommunications facilities are based on technical requirements, which include service area, geographical elevations, alignment with neighboring sites and customer demand. Site selection within the rural or urban environment is dependent upon these requirements, as well as, the availability of property within the geographical area, and willing property owners who will allow the incorporation of an unmanned wireless telecommunications facility on their property. During the site selection process, technical requirements may hinder the ability of commercial wireless providers to co-habitate an a common rooftop or even co-locate on a freestanding antennas support structure. System performance and potential signal interference due to the close proximity of the other provider's antennas or signal bandwidth are just a few of the issues that need to be addressed prior to negotiating or designing a wireless facility for co-location or co-habitation. (Note: Wireless systems that have frequency bandwidths within close proximity to one another could have potential interference issues, which can be controllecl~isalated with the cooperation from both providers'/entities' radio frequency engineers) Further, the distance the signal can propagate due to the limited height available on a co-location structure or even the line of sight availability on a co-habitation site are issues that validate the subject locations feasibility with regards to its incorporation into the local network. From a business standpoint, there are issues concerning the Feasible terms and conditions negotiated with the property owner. Termination clauses and business deal points agreed upon with one carrier and the subject property owner might not necessarily work or meet the objectives or budgets of another. This is strictly a business issue, is proprietary in nature and is a shared concern between all providers. Further, the available roof or ground space required for the electronic equipment cabinets and/or shelter, as well as issues addressing the structural integrity of the subject roof, may render the subject location not feasible from a construction standpoint. The removal of any landscaping or parking in order to accommodate the shelter is typically not encouraged and must not render the subject location to be in non-compliance with the local municipal code. Wireless providers are amenable locating their equipment on the same property and/or building/structure, however, the issues stated are some of the factors in their decision making process as to why a potential co-location or co-habitation site was or was not selected. Wireless telecommunication facilities are built adjacent to and within all major land use categories including residential, commercial, industrial, open space, etc. proving to be compatible in a variety of situations. Wireless facilities are unmanned, have no impact on existing circulation systems, generate no noise, odor, smoke, or any other adverse impacts to adjacent land uses. Wireless facilities will allow commuters and residents within the coverage area wireless access to the rapidly expanding SPRINT / NE~'TFL CONI)ITIONAI. Use ~ir~rr,rcArranr - CrTy nr~ Cr:n1T~rrA1 Pornrr P4DSJ~Q445 HAA1r21CK-KFC Pages communications infrastructure by providing voice and data transmission services not currently available by other systems. Wireless telecommunications facilities operate in full compliance with all state and federal regulations as provided by the Telecommunications Act of 1996. E. Federal Re~ula#ians Sprint /Nextel is a registered public utility, licensed and regulated by the Federal Communications Commission (FCC}. Nextel will comply with all FCC rules governing construction requirements, technical standards, interference protection, power and height limitations, and radio frequency standards. In addition, the company will comply with all Federal Aviation Administration (FAA) rules on site locations and operation. Further, FCC regulation of radio transmissions mandates that the proposed facility shall not interfere with surrounding properties or their uses. The FCC has determined that the power levels emitted by wireless communications facilities (less than two average light bulbs - 200 watts} is well below the minimum safety standards established for continuous exposure to Electro-Magnetic Fields (EMF}. The extremely low output of power from the proposed facility, in conjunction with FCC regulation, will ensure there is no interference with surrounding properties electronic equipment, 2-way radio transmissions, computers, satellite antennas, televisions and telephone transmissions. Finally, negative health effects will not result from emission of signals from the antennas on the monopole or from microwave emissions on the monopole. The FCC has conducted numerous studies that reveal telecommunications facilities do not cause harmful health effects far humans and has categorically excluded cellular and PCS carriers from causing exposure in excess of FCC guideline limits. F. Benefits to the Communi Wireless technology will provide many benefits to the residents, businesses, and motorists that travel or live near the proposed project site. These benefits include: • Quick access to 911 Emergency, even in remote regions, allowing motorists to summon emergency aid and report dangerous situations. • Support for emergency services by providing wireless communications access to paramedics, firefighters, and law enforcement agencies that use this technology. A backup system to the landline telephone services in the event of power outages, natural or man-made disasters. • The ability to transmit data over the airwaves allowing for immediate access to vital information to emergency services. • Provide quality wireless communications including voice, paging, and digital data capabilities for email, facsimile and Internet access. • Enhance the communications systems of residents and business around the project coverage area. SPRINT / NEXTEL Ca1vDrTraN.QL US& l~PPLICtITIDN - CITY (1F CISA'TItAL Pnrnrr PDOSW0405 H~tMRICK-KFC III. ArPLrcABLE CRITERi~i Page 6 The applicable criteria pertaining to this application, per the City of Central Point Municipal Code, Title I7 is as follows; Chapter 17.60; General Regulations 17.G0.04Q Antenna standards. B. Tower-Mounted Antennas. Tower-mounted antennas shall comply with the following; standards: 1. Tower-mounted antennas are allowed per Table 2: Table 2 Zoning District Permitted Use Conditional Use Not Permitted R-1 of Permitted R-2 of Permitted R-3 of Permitted C-2 of Permitted C-4 Conditional Use C-5 Conditional Use M-1 Conditional Use M-2 Conditional Use C-4 TOD Overlay of Permitted C-S TOD Overlay of Permitted TOD District of Permitted 2. Tower-Mounted Antennas, Single. Single tower-mounted antennas are subject to the following general requirements: a. When adjacent to residentially zoned properties, additional tower setback maybe required to protect against collapse; Findin~~ The proposed site location does not abut any residential properties. The adjacent properties are zoned as follows: North: C-4 South: BCG East: C-4 West: C-4 (I-5) SPRINT / NEXTEL CONDITIONAL USA APPLICATION - CITY OC- CliN7~I2A7, f DINT' P005W0405 FIAMRICK-KFC Page 7 b. Towers and tower-mounted antennas shall be painted an unobtrusive color; Finding: The site proposed herein is inclusive of a flag pole stealth design and shall be painted white. c. Lighting on towers shall be prohibited unless required by the Federal Aviation Administration; Findin~• Lighting is not proposed on the pole itself. The flag pole will be upward lit with the McGraw-Edison Acura floodlight that will provide for maximum beam control to illuminate the flag at night. d. Conditional use permit applications may have additional conditions imposed to mitigate the visual impact of the tower and tower-mounted antennas on surrounding properties. FindinQ• The site proposed herein is designed to mitigate visual impact of the antennas structure. Regardless, Sprint/Nextel will comply with any reasonable conditions in order to further mitigate visual impact. Chapter 17.76; Conditional Use Permits 17.76.040 Findings and conditions. The planning commission in granting a conditional use permit shall find as follows: A. That the site for the proposed use is adequate in size and shape to accommodate the use and to meet all other development and lot requirements of the subject zoning district and all other provisions of this code; Findin~• The size and shape of the proposed use complies with all development and lot requirements of the zoning districts and other provisions of Title 17. The use proposed herein complies with all height and setback criteria and will not affect internal traffic circulation and will not impact required parking on the parcel. SPRINT / NEXTEL CoNVrrton~Rt, Usr• ,4t~rr,tc.rrton~ - Ctrr or• Crnrrr~.rt PntNr P005W0405 H~,uaztc.x-KFC Page8 B. That the site has adequate access to a public street or highway and that the street or highway is adequate in size and condition to effectively accommodate the traffc that is expected to be generated by the proposed use; Finding: The site is accessed from an existing drive off Penninger Road and is of adequate size and condition to accommodate traffic for the Kentucky Fried Chicken and the use proposed herein. C. That the proposed use will have no significant adverse effect on abutting property or the permitted use thereof. In making this determination, the commission shall consider the proposed location of improvements on the site; vehicular ingress, egress and internal circulation; setbacks; height of buildings and structures; walls and fences; landscaping; outdoor lighting; and signs; Findin~• The location, size, design and operating characteristics of the proposed use will not have a significant adverse impact on the subject parcel or surrounding properties. When comparing the characteristics of the proposed facility with those uses permitted outright in the abutting and surrounding areas, this facility will have minimal adverse impact in contrast to those permitted uses. All of the permitted uses have the potential to generate far more traffc than one (1}trip per month that will be generated by this use. Ail of the uses have the capacity to generate noise, odor and light. This use generates na such impacts. As the site does not have water ox sanitary facilities, it will generate na wastewater. All of the permitted uses have the capacity to generate activities at various hours. This use has na on-site activities that will interfere with uses in the area. ~n addition, the proposed site is level and there is adequate area to accommodate the proposed flagpole and ancillary equipment. To the best of our knowledge, there are no topographic, natural hazards or natural resource values that would prevent the installation of the site. Finally, the operating characteristics of the Sprint/Nextel system are similar to the existing carriers located to the south and west of the site proposed herein. These sites have not had an adverse impact on abutting or surrounding parcels. As such, this site is also suitable for development and shall not interfere with any uses in the abutting and surrounding area. D. That the establishment, maintenance or operation of the use applied for will comply with local, state and federal health and safety .regulations and therefore will not be detrimental to the health, safety or general welfare of persons residing or working in the surrounding neighborhoods and will not be detrimental or injurious to the property and improvements in the neighborhood ar to the general welfare of the comrraunity based an the review of those factors listed in subsection C of this section; 51'121NT / NEXTEL CONI)!TlONAL US& f~PPf,IC~tTION -CITY 0T CIiNTItAL POINT POOSW0445 H1fMI21C'K-KP'C Page 9 Findin~• Sprint / Nextel is a registered public utility, licensed and regulated by the Federal Communications Commission (FCC}. Nextel will comply with all FCC rules governing construction requirements, technical standards, interference protection, power and height limitations, health, safety and radio frequency standards. In addition, the compazay will comply with all Federal Aviation Administration (FAA) rules on site locations and operation. FCC regulation of radio transmissions mandates that the proposed facility shall not interfere with surrounding properties or their uses. The FCC has determined that the power levels emitted by wireless communications facilities (less than two average light bulbs - 200 watts) is well below the minimum safety standards established for continuous exposure to Electro-Magnetic Fields (EMF}. The extremely low output of power from the proposed facility, in conjunction with FCC regulation, will ensure there is no interference with surrounding properties electronic equipment, 2-way radio transmissions, computers, satellite antennas, televisions and telephone transmissions. Finally, negative health effects will not result from emission of signals from the antennas on the monopole ar from microwave emissions on the monopole. The FCC has conducted numerous studies that reveal telecommunications facilities da not cause harmful health effects for humans and has categorically excluded cellular and PCS carriers from causing exposure in excess of FCC guideline limits. E. That any conditions required far approval of the permit are deemed necessary to protect the public health, safety and general welfare and may include: 1. Adjustments to lot size or yard areas as needed to best accommodate the proposed use; provided the lots or yard areas conform to the stated minimum dimensions for the subject zoning district, unless a variance is also granted as provided for in Chapter 17.13, 2. Increasing street widths, modifications in street designs or addition of street signs or traffic signals to accommodate the traffic generated by the proposed use, 3. Adjustments to off-street parking requirements in accordance with any unique characteristics of the proposed use, ~. Regulation of points of vehicular ingress and egress, 5. Requiring landscaping, irrigation systems, lighting and a property maintenance program, 6. Regulation of signs and their locations, 7. Requiring fences, berms, walls, landscaping or other devices of organic or artificial composition to eliminate or reduce the effects of noise, vibrations, odors, visual incompatibility or other undesirable effects on surrounding properties, ,SP.RIh'T / NEXTEL' CONDITIONAL rISF APPLICATION -CITY 01- CIiNT'RAL PCJIN7' P005W0405 HAMRICK-KFC Page 1 Q 8. Regulation of time of operations for certain types of uses if their operations may adversely affect privacy of sleep of persons residing nearby or otherwise conflict with other community or neighborhood functions, 9. Establish a time period within which the subject land use must be developed, 10. Requirement of a bond or other adequate assurance within a specified period of time, 11. Such other conditions that are found to be necessary to protect the public health, safety and general welfare, 12. 1n considering an appeal of an application for a conditional use permit for a home occupation, the planning commission sha11 review the criteria listed in Section 17.60.190. (Ord. 1823 §5, 2001; Ord. 1684 §72, 1993; Ord. 1615 §55, 1989; Ord. 1533 ~1, 1984; Ord. 1436 §2(part}, 1981}. Findin Sprint/Nextel will comply with any reasonable conditions deemed necessary to protect the public health, safety and general welfare. Chapter 17.72; Site Plan, Landscaping and Construction Plan Approval 17.72.040 Standards. In approving, conditionally approving, or denying the plans submitted, the city shall base their decision an the following standards: A. Landscaping and fencing and the construction of walls on the site in such a manner as to cause the same to not substantially interfere with the landscaping scheme of the neighborhood, and in such a manner as to use the same to screen such activities and sights as might be heterogeneous to existing neighborhood uses. The planning commission may require the maintaining of existing trees for screening purposes and for sound and sight insulation from existing neighborhood use; Findin~• The proposed site has existing landscaping on three sides. No additional landscaping is proposed. B. Design, number and location of ingress and egress points so as to improve and to avoid interference with the traffic flow on public streets; Finding No additional ingress/egress points are proposed. Existing drives are more than adequate to provide for site access. SPRINT / NEXTEI. CONIJI%'IONAI. Usr; AFr~~rc~rton~ -~ CrrY or• C,r.N•r~rz~r, Poln~r PO05WO405 HAMRICK-KFC Page 11 C. To provide off-street parking and loading facilities and pedestrian and vehicle flaw facilities in such a manner as is compatible with the use for which the site is proposed to be used and capable of use, and in such a manner as to improve and avoid interference with the traffic flow on public streets; Finding: The proposed site will not interfere with traff c flow on any public street. Further, the site location will not negatively impact on-site parking. Per 17.64.040(G)(6) Eating and drinking establishments are required to have one space per/three seats or per each one hundred square feet of gross floor area, whichever, is greater; plus one space per each two employees on the major shift. The KFC was approved site plan indicates: Property area: 35,348 S.F. / .81 Acres Building area: 3,152 S.F. Total Parking Spaces: 39 Total Required Spaces: 3S As such, the site will have a total of 37 parking spaces, thus not negatively impacting required parking. D. Signs and other outdoor advertising structures to ensure that they do not conflict with or deter from traffic control signs or devices and that they are compatible with the design of their buildings or uses and will not interfere with or detract from the appearance or visibility of nearby signs; Finding: Not applicable. E. Accessibility and sufficiency of fire fighting facilities to such a standard as to provide for the reasonable safety of life, limb and property, including, but not limited to, suitable gates, access roads and fire lanes sa that all buildings on the premises are accessible to fire apparatus; Finding• All fire fighting facilities are sufficient for reasonable safety. All access points to the parcel currently exist. F. Compliance with all city ordinances and regulations, including Section 16.20.080 pertaining to the maximum number of single-family dwellings or dwelling units allowable on cul-de-sac streets, and applicable state laws; Finding: Not applicable. SPRINT / NEXTEL CONIJITIONAL UsF f1PALICATION -CITY OI' CIiNTIZAI. PUINT POOS i-1~04OS HAMRICK-KI' C Page 12 G. Compliance with such architecture and design standards as to provide aesthetic acceptability in relation to the neighborhood and the Central Point area and its environs. The architecture and design proposals may be rejected by the planning comrnissian if found to be incompatible with the existing architectural or design characteristics of adjacent properties or uses. In addition, the planning commission reserves the right to establish additional height, setback, buffering, or other development requirements that may be necessary to ensure land use compatibility and ensure the health, safety, and privacy of Central Paint residents. (Ord. 1702 §4, 1994; Ord. 1584 X67, 1993; Ord. 1436 §2(part}, 1981). Findin€~: The site proposed herein exceeds the design requirements as detailed in ~ 17.60.40.20 Tower-Mounted Antennas and it meets and/or exceeds all setback height requirements as defined in § 17.44.040. This site exceeds the design criteria in that the site was designed as a flagpole to completely conceal the antennas in order to negate any detrimental visual impact. Further the flagpole has been designed to accommodate a future carrier, thus reducing the proliferation of cell towers in the area. The ground equipment will be located within a fence that matches the existing dumpster fence on site thus creating a consistent fencing design on site and with sufficient area to accommodate additional cabinets as call traffic increases on site. IY. CONCLUSION Based on the information provided in and with this document the request of Sprint 1 Nextel should be approved. The proposed height and placement of an the flagpole and ancillary equipment in this area shall have minimal impact on the surrounding and abutting parcels and is in conformance to the underlying zone design criteria. Further, the proposal shall enhance basic community functions and provide an essential community service. All applicable approval criteria have been met. ATTACHMENT' " ~ Where does the flag fly 24 hours a day? South Pole and the moon It #lies 24 hours a day at thousands and thousands of locations. The flag code states: Sectipn 6a: "when a patriotic effect is desired, the flag may be displayed twenty-four hpurs a day if properly illuminated during the hours of darkness." United States Code Title 4 Chapter 1 -The Flag §li. Time and occasions far display a. It is-the universal custom to display the flag anly from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness. Flagpoles and Flag Sizes The usual size of a #lag used at home is 3'x5'. A casket flag is 9'x5-'l12'. The table below shows the appropriate size flag to fly on flagpoles of several heights. Home Use Public display (not home-use) flagpole flag flagpole flag flagpole flag 15' 3'x5` 20' 4'x6' 50' 8x12'-10x15' 20' 3'x5' 25' 5'x8' 60'-65' 10'x15'-10'x19' 25' 4'x6' 30'-35' 6'x10' 70'-80' 10'x19'-92'x18' 40'-45' 6'x10-8'x12' 90'-100' 20'x38'-30'x50 Flag Proportions According to Executive Order 70834, official flags (not personal flags) must meet these standards. B Standard proportions -- A Hoist (width} of flag 1.D B FEy {length) of flag 1.9 C Hoist (width) of Union 0.5385 (7113) D Fly (length) of Union 0.76 E 0.054 F 0.054 G 0.063 H 0.063 K Diameter of star 0,0616 E_ Width of stripe 0.0769 (1113) Wage 1 of 1 ATTACHMENT` " -~ 'g Lisa Morgan From: Mait Samitore Sent: Friday, June 15, 2007 11:31 AM To: Lisa Morgan Subject: Spring Cell Tower Lisa, The only comment I have on the sprin# tower is that it must remain outside of the 10' Public Utility Easement. Otherwise, looks good! Thanks, Matt Samitore ParkslRecreation and Development Services Manager City of Central Point Parks and Public Works Departments (541) 664-3321, ext. 205 6/22/2007 .ATTACHMENT " City of Central Point., Oregon 14fl So.Third SC.,Centrai Point, Or 97502 541.664.3321 Fax 541.bb4.b384 www.ci.central-poi nt.or.us ~~Y ............ CENTRAL PC]~NT Building Department. Lois DeBenedetti, Build€nc~ Off~cia€ BUILDING DEPARTMENT STAFF REPORT DATE: 061X3107 TO: Planning Department Planning f le: 0712 i FROM: Building Department SUBJECT: Sprint Nextei (AntennalFlagpole) APPLICANT: Sprint Property Description: See attached sheet A-2 PURPQSE: The staff report is to provide information to the Planning Commission and the Applicant regarding City Building Department requirements and conditions to be included in the design and development of the proposed prof ect. This is not a plan review. This report is preliminary and compiled solely for use by the Central Point Planning Commission. 1 City of Central Point, Oregon ~ Building Department i40 So.3hird 5t., Central Point, Or 97502 CEN 1 ~1!"'~~ Lois DeBenedetti, Building Official 541.6b4.3321 Fax549.b64.6384 ~/~~~~ www.ci.centrai-point.or.us ~,J BUILDING DEPARTMENT COMMENTS: 1. Applicant, agent and contractors must comply with all current State of Oregon adopted codes, and apply for all permits through the Central Point Building Department. 2, if a private storm drain system is proposed it must be zeviewed and a permit issued by the Central Point Plumbing Department. 3. Any private street lighting must be reviewed and permitted by the Central Point Electrical Department. 4. Provide the building department with a Geotechnical report as required by OSSC Appendix J and chapter 18 of the OSSC. A written report of the investigation shall include, but need not be limited to, the following information: a. A plot plan showing the location of all test borings and/or excavations. b. Descriptions and classifications of the materials encountered. c. Elevations of the water table, if encountered. d. Recommendations for foundation type and design criteria, including bearing capacity, provisions to mitigate the effects of expansive soils, provisions to mitigate the effects of liquefaction and soil strength, and the effects of adjacent loads. e. When expansive soils are present, special provisions shall be provided in the foundation design and construction to safeguard against damage due to expansiveness. Said design shall be based on geotechnical recommendations. S. Grading/excavation permits are required in accordance with OSSC Appendix J and chapter 18 and regarding any fzll material placed on the site. Fills to be used to support the foundation of any building or structure shall be placed m accordance with accepted engineering practices. All private storm drain work must be permitted and inspected by City Building Dept (prior to backf 11). A soil investigation report, and a report of satisfactory placement of fill (including special inspections of placement of fill and compaction) acceptable to the Building Official, shall be submitted prior to fznal of the grading/excavation permit. Building permits will not be issued until grading excavation permit is f paled. Exception: l.. The upper 1.5 foot of fill placed outside of public rights-off way. 2. The upper 1.5 foot of fill that does not underlie buildings, structures, or vehicular access ways or parking areas. 2 City of Central Point, Oregon 140 So.Third St., Central Point, Or 975(12 547.664.3321 Fax S41.G54.6384 www.ci.centra I-poi nt.o r. us CENTRAL POINT Building Department Lois DeBenedetti,Building Official 6. To move or demolish any existing structures located on the property, call the Buildzng Department for permit requirements. 7. Notify the City Building Department of any existing wells, or septic systems located on the property. $. Any development (any man-made change) to improved or unimproved real estate located within the flood hazard area of the City of Central Point shall require a Development Permit as set forth in the Central Point Municipal Code $.24.120. 9. Dust control, and track out elimination procedures must be implemented. A comprehensive erosion cont~•ol plan must be submitted and approved by the Building Department prior to start of work. 10. Application for building permits will require four sets of complete plans indicating compliance with Oregon Structural Specialty Code (2007),The International Fire Code (with the State of Oregon Amendments-2007), NFPA 13, Oregon Mech.Spec. Code (2007}, Uniform Plumbing Code (with Oregon Blue Pages-amendments). Plan check may take from 3 to $ weeks, depending on completeness when submitted.......ifreguested, plan check may be initiated simultaneously with Planning Dept. evaluation (Plan Check Fee must be paid prior to start of plan check). A complete code analysis should be a part of the submitted plans. 1 ] . Fire District 3 will determine fire hydrant locations, as well as access to buildings. 12. Property lines must be established and pinned by Lic. Oregon Suzveyor prior to any building inspections. 13. No work is to start until Grading and Erasion Control Plans are approved and permit issued. Any changes proposed shall be submitted in writing by the Applicant, or Applicant's contractor to the Building Department for approval prior to start of work. If questions, please call Todd Meador.......664-3321 ext.22$ .~ 3 ATTACHMENT " ~" " FINDINGS OF FACT AND CONCLUSIONS OF LAW File No. 07121 INTRODUCTION: In the matter of consideration of a Conditional Use Permit application to allow construction of a telecommunications tower/rnonopole disguised as a flagpole. The applicant is proposing to lease private Iand located on the Kentucky Fried Chicken property, identified on the Jackson County Assessor zxzap as 37S 2W 02, Tax Lot 2905, 25Q Peninger Drive. The property is located within a C-4, Tourist and Office Professional zoning district. Pursuant to CPMC 17.60.040 •- Table 2, identifies Tower-Mounted antennas as a Conditional i~Ise within the C-4 zoazing district. CPMC T 7.44.040 - weight Regulations -states that zzo building or structure shaII exceed sixty feet in height in the C-4 district except zi~here authorized for telecofaimunication antenna structures, other antenna structures of signs defined by fhis chapter. Finding: The proposed flagpole is 60' in height. Finding: CPMC 17.44.040 is the only portion of code that addresses height. Conclusion: The application meets the maximum height allowed. CPMC 17.44.050 -Area, zvidtl~ and yard requirements - Finding: Not applicable to this application. Conclusion: Not applicable to this application. CPMC 17.44.060 (A) -- General Requirements. Uses that are normally pertziitted in the C-4 district but that are referred to the planning commission for further reviezt~, per Section 17.44.(A) (T 9), zviIl be processed according to application procedures for conditional use perr~iits. No use shall be permitted and no process, equipment or materials shall be used u~hicli are found by the planning conzmissiotz to be harmful to persons Iiviazg or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, wafer-carried zi>aste, noise, vibration, illacralinatiozt or glare, or are found to involve any hazard of fire or explosion. FINDINGS Or FACT Page 1 of 10 Finding: The applicant is proposing a telecoznzrzunications tower concealed within a flagpole. Finding: The shed located on the ground to house the mechaz~zicaI equipment does not emit any of the above mentioned hazards. Conclusion: The proposed use meets the general requirements. CPMC 17.44.060 (B) All businesses, seYVices and processes shall be conducted entirely within a completer enclosed structure, zc~ith the exception ofoff-street parking and loading areas, outdoor eating areas, service stations, autdooY Yecreational facilities, recreational vehicle overnight facilities, Yecreational vehicle overniglz.t facilities, acid other compatible activities, as approved b~ the planning cornniission. Finding: The mechanical equipment cabinet will be in a completely enclosed structure. Conclusion: The applicant has met this criterion. CPMC Z 744.060 (C) Open storage of fataterials related to a permitted use shall be conditionally permitted only ziJitliin an area surrounded or screened b~ a solid zuaIl or fence having a height of six (6) feet; provided that no nzaterials ar equipanesit shall be stored at a height greater than that of the zc~all. Finding: The applicant is proposing a six (6) foot fence surrounding the leased area of 20'x7.6' to match that of the existing fence for KFC. Finding: The equipment cabinet will be approximately six {6} inches higher than the fence. Finding: AlI of the equipment will be located within the cabinet, with the exception of a maintenance light, a GPS antenna and the flagpole light. Finding: There will not be any open storage of any materials. Conclusion: Equipment will not be visible and will be contained within a cabinet. FINDINGS OF FACT Page 2 of 7.0 CPMC 17.44.060 (D) Front yard areas shall be planted zc1itla laz{~n, trees, shrubs, flozners or other suifable Iaazdscaping materials and shall be cantin.uously maintained in good coaaditian and iaz an attractive aaaanner. In cases zvlaere the buildings are set back to provide for off-street parking iaa floe front yard area, a landscaped strip having a minimum width of ten feet shall be established and maintained along floe front Iot liaae. Finding: Landscaping was provided at the time of construction of KFC. Finding: The location of the proposed flagpole and equipment cabinets will not interfere with the existing landscaping. Conclusion: Not applicable to this application. CPMC 17.44.070 -Signs and lighting of premises. (A) No iIluaninated signor Iiglating standards used for the illumination of premises slaaII be so designed and iaastalIed that their direct rays are toward or parallel to a public street or lzighzuay or directed tozc~ard any property that Lies zc~ithitt a residential district. (B) No red, green or amber Iiglats or illacnainc~ted signs may be placed in such a location or position that they could be confused znitla, or may interfere with, any official traf~c-control device, traffic signal or directional guide signs. (C) Signs in the C-4 district shall be permitted and designed according to provisions of Chapter 15.24 and with Section 17.b0.110. Finding: The applicant is not proposing any signs. Finding: Tl~e applicant will have two (2) lights installed. One (1) is a maintenance light, the other is a light to illuminate the flag at the top of the pole. Conclusion: The applicant meets the criteria applicable to this application and does not include any signage. C~'MC 17.60.040 - Aaztenna Staaadards -- The purpose of these regulations is to ensure that antennas continue to serve floe needs of the community, while assuring that antennas are regulated in a manner that rtaininaize visual impacts. The standards regulating the placement of antennas within the City of Central Point are as set forth in this section. (A) (1) (a-d) Building, Roof and Wall Mounted Antennas. Finding: Not applicable to this application. FINDINGS OF FACT Page 3 of 10 (c} Lighting oai tozt~ers slzr~ll be prohibited unless required by the Federal Aviation Administration: Finding: Federal Aviation Administration does not require that the pale itself be lighted. Finding: There will be a floodlight directed towards the flag itself, consistent with the United States Code to illuminate flags that fly 24 hours to be lit during hours of darkness. Conclusion: The applicant has met this criterion. (d) Conditional use permit applications nzay have additional conditions imposed to mitigate the visual impact of the tower and tower-~a:ounted antennas on surrounding properties; Finding: The applicant has opted to disguise the antezuza as a flagpole to minimize the visual impact. Finding: The applicant is willing to meet any additional, reasonable conditions to rrzitigate the visual impact if necessary. Conclusion: Staff does not recommend additional conditions for visual impact. (3) Tozt~er-mounted antennas, co-located. Co-located antennas are subject to tl7e follozvirig requirements: (a) Shall be reviewed subject to the site plan review provisions of sztibsectioyz (A) (2) of this section; (b) Shall be mounted iaz a configuration sinriIar to or less obtrusive than antennas alrend~ existing aaz Elie tozc~er. Finding: The City encourages co-locatzans far telecommunication towers. Finding: The applicant has reserved space within the flagpole for any future wireless provider. Finding: At such time when a co-locator wishes to use the space reserved, they will be subject to a Type Il, Administrative Site Plan review. Conclusion: The applicant has identified a space reserved for a future carrier as part of their approval. FINDINGS OF FACT Page ~ of ~0 CPMC 17 76 -Conditional i.Ise Perttzits CPMC 17.76.011 ~-Application rand Rez~ie7c~. An application and revieztr thereof shall canfarni to the pra~isiotis of Chapter 17.05 and all applicable laws of the state. The application shall be accompanied b~ a fee defined in the City`s adopted planning application fee schedule. Finding: The applicant and City l~.ave accepted and are processing the proposed application in accordance with CPMC 17.05. Finding: The applicant has paid the necessary fee for processing the application. Conclusion: The criterion has been met. CPMC 17.76.0,20 (A) - (E) - Information Required, Finding: The applicant has provided all of the xequixed information to deem the application complete and process for approval. Conclusion: This criterion has been met. CPMC 27.76.040 -Findings and Conditions. The Planning Commission iti granting a conditions use permit shall jind as follozt~s: (A) That the site far the proposed use is adequate in size and shape to accatazta~odate the use and to ytteet all other develapta~ent and lot requirements of the subject zoning district and all other prox~isions of this code; Finding: The applicant is proposing to use two {2} parking spaces an the southern end of pxivate property owned by ICFC. The leased space is approximately 20' x 16'. Finding: KFC provided more parking than what was required by CPMC 17.64 - Parking Standards, and therefore will not affect the number of parking spaces required. Conclusion: The proposed site is adequate in size; rzieets the requirements of the C-4 zoning district; meets all other provisions of all applicable codes. (B) That the site has adequate access to a public street or highway and that the street or higltzuay is adequate in size and condition to effectively accomtarodate the traffic expected to be generated by the proposed use; FINDINGS OF FACT Page 6 of 10 Finding: There is an existing entrance far KFC activity. The applicant will use the same driveway when needed. Finding: There will be only one {1) trip per month traffic generated for maintenance of the proposed use. Conclusion: The proposed use meets this criterion. (C) That the proposed use zviIl have no significant adverse effect on abutting property or the perra~itted use thereof. rn making this deter~arination, the commission shall consider the proposed Iacation of impravetazents on the site; vehicular ingress, egress mid internal circulation; setbacks; Izeiglat of buildiyigs and structures; zi~aIls and fences; landscaping; outdoor lighting; and signs; Finding: The proposed use will not interfere with the existing vehicular circulation on the site. Finding: The structures, flagpole, equipment cabinet, fencing, and outdoor lighting are in compliance with the requirements outlined in CPMC 17.44 Tourist and Office Professional, and with the United States Code for lighting of the American Flag. Finding: There is existing landscaping on site as required far the construction of KFC. Additional landscaping is not required. Fznding: There is not any signage proposed fox this use. Conclusion: The applicant has met this criterion. (D) 'That the establishment, maintenance, or operation of the use applied far will comply with Local, state and federal health atzd safety therefore zijiIl not be detrimental to the health, safety or general welfare of persons residing or working in the surrounding neighborhoods and zvilI not be detrimental or injurious to the propertz~ and improvements in tl~e neighborhood or to the general zc~elfare of the corattaiunity based on t]te reuiezc~ of those factors listed in subsection C of this section; Finding: The applicant states in their findings that they will comply with all FCC rules governing construction requirements, technical standards, interference protection, power and height limitations, health, safety and radio frequency FINDINGS OF FACT Page 7 of 14 standards. In addition, the company will comply with all FAA rules on site locations and operations. Finding: The applicant has further stated in their findings the fallowing: "FCC regulation of radio transmissions mandates that the proposed facility shall not interfere with surrounding properties or their uses. The FCC has determined that the power levels emitted by wireless communications facilities (less than t~~o average light bulbs -~ 200 watts) is well below the minimum safety standards established for continuous exposure to Electro-Magnetic Fields (EMF). The extremely low output of power from the proposed facility, in conjunction with FCC regulation, will ensure there is no interference with surrounding properties` electronic equipment, 2-way radio transmissions, computers, satellite antenz--as, televisions and telephone trazzsznissions. Finally, negative health effects will not result from emission of signals from the antennas on the monopole or from microwave emissions an the monopole. The FCC has conducted numerous studies that reveal telecommunications facilities da not cause harmful health effects for humans and has categorically excluded cellular and PC5 carriers from causing exposure in excess of FCC guideline limits." Conclusion: With the research that was conducted in connection with the recent code amendments for telecommunication facilities, staff concurs with this finding. (E) That any conditions regisired for approval of the per~t~it are deemed necessary to protect t1~e public health, safe#-~ rznd general zc~elfare avid niay include; (?) Adjustmetzts to Iot size or yard areas as needed to best acconanaodate the proposed use; provided the Iots or yard areas conform to the stated mininzuraz dirnensior~s for the subject zoning district, unless a variance is also granted as provided for in Chapter ?7.?3, Finding: Applicant is leasing an area of land on private property. Conclusion: Not applicable to this application. (2) -~ (6) -- Relating to increasing street zc~idths, modifications to street designs; adjustments to off -street parking; regulation of points of vehicular ingress, egress; Iandscaping; irrigation; Iighfing; and regulation of signs and their locations: Finding: The proposed use does not warrant changes to the existing street widths, or design. F1NDINGS OF FACT Page 8 of 10 Finding. The proposed use will utilize existing vehicular ingress and egress points. Finding: There is adequate existing landscaping and irrigation. Finding; Proposed lighting consists of one (1) maintenance Light, and ozie (~) flood light to illuminate the flag in accordance with United States code. Finding: No signage is proposed. Conclusion: The application meets this criterion and does not require any modification to existing streets or vehicular ingress/egress points. {7) Requil°ilig fences, berrais, zc~aIls, landscaping or other devises of organic or artificial cofazpositio~~ to eliminate or reduce the effects of noise, vibrations, odors, visual incompntibiIity or other undesirable effects on surrounding properh~, Finding: Pursuant to CPMC 17.44, there will be a six (&) foot fence constructed around the leased area to screen the equipment cabinets. Finding: The applicant will match the existing fencing of IGFC screened areas. Finding: Federal Conununications Commission mandates all the requirements to ensure that there will be no effect to surrounding property. Finding: There are other telecommunication towers in the area. The flagpole design will offer a pleasant visual appearance, compatible with the uses of surrounding properties. Finding: There is not any noise or odor associated with this type of use. Conclusion: The applicant has met this criterion. (S) _ (T 2) -Relating to time of operations, time period which tl~e subject Iand shall be developed, reguirertzents of a bond or other adequate assurance zc~ifhin a specified period of time, conditions that are necessari~j to protect the health, safety and general welfare, and CUP for certain home occupations, Finding: This type of use is 24 hours a day. F1NDINGS OF FACT Page 9 of 10 Finding: FCC mandates requirezrEents necessaz•y to protect the health, safety and general welfare. Finding: All other requirements 1zsted al7ove are not applical7le to this application. Conclusion: The applicant has met or will meet tl~e criteria relevant to this application. FINDINGS OF FACT Page 10 of 10 ATT'ACH~ENT " ~ " PLANNING COMMISSION RESOLUTION NO. A RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT FOR CONSTRUCTION AND OPERATION OF A DISGUISED TELECOMMUNICATIONS TOWER LOCATED ON PRIVATE PROPERTY OWNED BY KENTUCKY FRIED CHICKEN Applicant: Sprint/Nextel, LLC, Agent: Sharon Gretch (37S 2W 02, Tax Lot 2905) File No. 07121. WHEREAS, the applicant has submitted an application for Conditional Use Permit approval for the construction of a telecommunications tower disguised as a 60' flagpole, located on private property owned by KEC. The entire property consists of appxoximately 35,283 sq. ft., with the applicant leasing approxizr-ately 20' x 16' of ground area, and is identified on the Jackson County Assessor`s reap as 37S 2W 02, Tax Lot 2905, located at 250 Peninger Road, in the City of Central Point, Oregon; and WHEREAS, on July 3, 2007, the Central Point Planning Commission conducted a duly-noticed public hearing on the application, at which time it reviewed the City staff reports and heard testimony and comments on the application; and WHEREAS, the Planning Coznmissian's consideration of the application is based on tl~e standards and criteria applicable to the Application Review Process - section 17.05; Antenna Standards -17.60.00, and Conditional Use Permit section 17.76 of the Central Point Municipal code; and WHEREAS, the Planning Commission, as part of the Conditional Use Permit application, has considered and finds per the Staff Report dated July 3, 2007, that adequate findings have been made demonstrating that issuance of the conditional use is consistent with the intent of the C-4, Tourist and Office Professional District, now therefore BE IT RESOLVED, that the City of Central Point Planning Commission, by this Resolution No. does hereby approve the application based on the findings and conclusions of approval as set forth on Exhibit "A ", the Staff Report dated July 3, 2007, which includes attachzrEents, is attached hereto by reference and incorporated herein. Planning Cozx~znission Resolution No. (07032007) PASSED by the Planning Commission and signed by zne iz1 authentication of its passage this 3rd day of July, 2007. Planning Commission Chair ATTEST: City Representative Approved by me this 3rd day of July, 2007. Planning Commission Chair Plaz~zling Commission Resolution No. (07032007)