HomeMy WebLinkAboutResolution 875 - approving CUP for Premier OilPLANNING COMNIISSION RESOLUTION NO, 875
A RESOLUTION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE
PERMIT FOR A FIRE STATION ON LANDS WITHIN THE CIVIC ZONING DISTRICT.
(File No. MOD -19001)
WHEREAS, the applicant has submitted an application for approval of a Major Modification to
Approved Plans and Conditions of Approval to modify an existing stealth telecommunications tower
disguised as a flag pole on property within the Tourist and Office Professional (C-4) zone; and
WIIEREAS, on October 15, 2019 the City of Central Point Planning Commission conducted a duly -
noticed public hearing on the application, at which time it reviewed the Stag' Report and heard testimony
and comments on the application; and
WHEREAS, the application has been found to be consistent with the approval criteria applicable to
Conditional Use Permits in accordance with Section 17.09 of the Central Point Municipal Code; and per
conditions noted in the Staff Report dated October 15, 2019; and
NOW, THEREFORE, BE IT RESOLVED that the City of Central Point Planning Commission by
Resolution No. 875 does hereby approve the Major Modification to Approved Plans and
Conditions of Approval application for Sprint Corporation. This approval is based on the
findings and conditions of approval as set forth in Exhibit "A." the Planning Department Staff
Report dated October 15, 2019, including attachments incorporated by reference.
PASSED by the Planning Commission and signed by me in authentication of its passage this 15`h day of
October, 2019.
P�Zn4�ommi�ssian Chair
ATTEST:
Ci R resen�e:�
Planning Commission Resolution No. 875 (10/15/2019)
STAFF REPORT
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STAFF REPORT
October 15, 2019
AGENDA ITEM: VII -B (File No. MOD -19001)
Community Development
-Tom Humphrey, AICP
Community Development Director
Consideration of a Major Modification to the Sprint telecommunications tower Conditional Use Permit
approval (File No. 0712 1) per Central Point Municipal Code Section 17.09.300. The project site is zoned
Tourist and Office Professional (C-4) and is identified on the Jackson County Assessor's Map as 37 2W
02D, Tax Lot 2905, Applicant: Sprint Corporation; Agent: SAC Wireless.
SOURCE
Justin cimalesperger, Community Planner II
BACKGROUND
On July 3, 2007, Sprint Corporation received a Conditional Use Permit approval to construct and operate
a sixty (60) foot tall telecommunications tower. The tower was designed as a flagpole that contains the
antenna within the pole in order to disguise the tower and comply with stealth design requirements. The
facility is located on a leased area within an existing parking lot for the Kentucky Fried Chicken
restaurant.
At this time, the applicant has requested a major modification to the previous approval (Resolution No.
73 1) in order to redesign the existing stealth pole. The proposed design increases the circumference of the
upper twenty (20) feet of the existing pole in order to accommodate new, updated antenna to maintain
service in the area (Attachment "A"). The accompanying equipment cabinet and tower will remain in the
same location as approved in the initial application and the requested modification maintains the height,
lighting and screening standards from the original approval.
ISSUES
The project site is located in a highly visible location along the I-5 corridor. Due to the increase in
diameter of the upper twenty (20) feet, the tower will no longer resemble a flag pole and the
modifications will increase the visibility of the facility,
Comment: There are similar telecommunication towers located in the 1-5 corridor, and passersby are
accustomed to the visual impacts of these facilities (Attachment "C"). Due to the proximity of the large
signs advertising adjacent businesses, a single pole design that is painted an unobtrusive color, does not
include an attached flag and includes the antenna internal to the design, the modified tower will be less
obtrusive than other facilities and not cause detrimental impacts to adjoining properties. Staff
recommends Condition of Approval No. 1 to remove the flag from the final design and paint the tower an
unobtrusive color, consistent with the tower mounted antenna standards in CPMC 17.60.040(B).
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Sprint Corporation Major Modification has been evaluated for compliance with the applicable criteria
for Modifications to Approved Plans and Conditions of Approval, set forth in CPMC 17.09 and found to
comply as conditioned and as evidenced in the Applicant's Findings (Attachment "B").
CONDITIONS OF APPROVAL
Prior to building permit issuance, the applicant shall submit the following:
Revised plans that depict the tower modifications without an attached flag and painted an
unobtrusive color.
2. Structural engineering details that demonstrate the existing structure is capable of supporting the
increased loading due to the proposed modifications.
ATTACHMENTS
Attachment "A"
— Proposed Modifications
Attachment `B" —Applicant's
Findings
Attachment "C" —
Bear Creek Park Telecommunication Facility
Attachment "D"
— Building Department Comments, dated 09/26/2019
Attachment "E" —Resolution
No. 875
ACTION
Consideration of the Major Modification application for the redesign of a stealth telecommunication
tower to accommodate new technology and 1) approve; 2) approve with modifications; or 3) deny the
application
RECOMMENDATION
Approve Resolution No. 875, Major Modification for Sprint Corporation per the Staff Report dated
October 15, 2019, including all attachments thereto.
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ATTACHMENT "B"
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W I A E L e a e
Sprint
Narrative in Support of Application for Conditional Use Permit
Sprint Candidate PO05W0405 Hamrick - KFC
250 Peninger Road ,
General Information:
Landowner: L&B Holdings, LLC 1390 West McAndrews, Medford, OR 97501
Applicant: Jodi Jones, Sprint 13833 SW Bond Ave. #108, Portland, OR, 97239
Agent: Cynthia VanDeMark, SAC Wireless LLC ( 540 W Madison St, 91h Floor, Chicago, IL 60661
Address of Project Area: 250 Peninger Road, Central Point, OR 97502
Project Area: Approximately 300 sq. feet
Proposal:
SAC Wireless on behalf of Sprint is pleased to submit for a Conditional Use Permit that proposes to modify an existing,
previously approved disguised facility located on a flagpole at 250 Peninger Road. The modification would include the
installation of the following: three (3) antennas mounted in three (3) sectors with a RAD center of 57' and replacing existing
pipe -mount and canister. The property is in a Commercial (C-4) zoning district. Sprint's facility is located on private property
owned by Kentucky Fried Chicken. The current ground leased facility is approximately 20'x16'. No changes In land use or
expansion of leased area is proposed.
In summary, Sprint proposes the following modifications to the existing site:
1) The removal and replacement of the existing pipe mount and canister with (1) new 3 A "pipe mount with new 46"
canister.
2) Remove (3) existing dual band antennas.
3) Install (3) new triband antennas Inside newly proposed canister,
4) Install (3) new radios on existing h -frame that is located within leased ground area.
ANTENNAS: Three sectors would consist of one (1) panel antenna in each sector, a total of three (3) new panel antennas. See
Page A-11, "Enlarged Site Plan," of the drawings submitted with this application for reference to the antenna layout. The
antennas will be mounted at a tip height of 57' feet and will continue to be disguised within a newly proposed canister. Cabling
will be routed through the flagpole.
Requirements for Proposed Use
The proposed site was chosen to comply with the City of Central Point Municipal land use regulations, as closely as feasibly
possible.
Chapter 17.60.040 Antenna Standards, Section B, Tower Mounted Antennas
B. Tower -Mounted Antennas. Tower -mounted antennas shall comply with the following standards:
I. Tower -mounted antennas are allowed per Table 2:
E:
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W I M E L E S S
Table 2
Zoning District
Permitted Use
Conditional Use
Not Permitted
R-1
-
Not Permitted
R-2
-
Not Permitted
R-3
-
Not Permitted
C-2
-
-
Not Permitted
C-4
Conditional Use
-
-
C-5
Conditional Use
M-1
-
Conditional Use
-
M-2
-
Conditional Use
C-4 TOD Overlay
-
-
Not Permitted
C-5 TOD Overlay
_
Not Permitted
TOD District
-
-
Not Permitted
Findings: Site Is located within C-4 Zoning Distrig and is allowable_ through conditional use.
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 may be required to
protect against collapse;
Findings: Site is not adiacent to any residential moperties.
b. Towers and tower -mounted antennas shall be painted an unobtrusive color;
Findings: Site Mposed herein Is inclusive of a flagoleo pteaith design and shall remain pain d
white,
c. Lighting on towers shall be prohibited unless required by the Federal Aviation Administration;
site developrnent, architeclure & engineering, constrniclion
540 W, Madison, 17th Floor, Chicago, IL 60661 7 847,944.1600 F 847.991.5707 www 5;rr;w com
28
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W r R E L E a a
Findings: No change in lighting is currentiy pr❑posed._The currant lighting atsite _provides
maximum beam control to illuminate the fiaapofe,
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.
Findings: The_proposed modification is designed_to miti ate visual €mp2rt of the antenna
structure. Sprint wlll_Fvm►�i wy� ith apy reasonabe.eonditlons ho further mitigate visual impact,
Chapter 17.76; Conditional Use Permits:
Please see enclosed, attached drawings.
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;
Findings: The size and shaige of the pr9posed modification is ade u to to stealth the ro o ed
antennas and meets all other development criteria Including lot re ulrements f the zonlng
distrig and other provision IS in chapter 17 No change In hetght_or setbacks eroposed. No
change In traff€c patterns will result asmart of_pro ect coma letion,
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 traffic that Is expected to be generated by the proposed use;
Findings: The site Is accessed from an Ml tin drive off Penin er Road Is of adequate size and
condition to accommodate traffi-c for the Kqntuckv Fried Ch Icken an d v roposed modlflcation,
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;
Findings: The modification to the exh;tIng brilifV will r main to be camouflaged and will not
adversely Impact the abutting ro ert€es.
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 or to the general welfare of the community based on the review
of those factors listed in subsection C of this section;
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540 VV Madison: 17th Floor, Chicago, IL 60661 847 944.1600 1 647 991.5707
29
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W I R E L E 6 S
Findings: Sprint Is a registered public utility, licensed and regulated by the FPdgral
Cpmmunication Commission (F CC). 5prInt will comply Will a11_FCtz rules govern Inx ca nst rkst 10 n
re q u I re m ents it s well as CentraI Point's Ou11 1 ng C o4 gs that Is based on the 2014 Or on
Strutt ral ecialt Code and the 2027 Oregon Vectrical-Cgdq3, Electrical-CodRadiciftecluency emissions will
remain within aopllcable Federal Common[ atIons Comm! sloe f FgguideIInes. The
replacement of the container an pole Is functlpnallyLequivalent to the existing container pole
and meets the limitation req uirements as set by 47 U.S. . 332 7 B.
!n addition. Sprint wiil pQralnue to comply with all Federal Aviation Administration rules
regarding site locations and operations.
E. That any conditions required for 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,
4. 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,
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540 W. Madison, 171h Floor, Chicago, IL 60661 1 847.944,1600 1 847.991.5707
30
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W I R E L E a a
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• In considering an appeal of an application for a conditional use permit for a home occupation, the
planning commission shall review the criteria listed in Section 17.60.190. (Ord. 1823 §5, 2001; Ord. 1684
§72, 1993; Ord. 1615 §55, 1989; Ord. 1533 §l, 1984; Ord. 1436 §2(part), 1981).
Findings: Sprint will rrjafntain anti c_ ornpfy with anv reasonable conditions deemed necessary to
rote ct the public h ealthV, safely and generaI welfare.
Anticipated Impacts
As this Is an unmanned facility, the site will not generate excessive traffic, will not cause any noise, air, light or
water pollution. No noise, lights, dust or vibrations will be generated. The visual impact to the adjoining properties
will not be significantly altered by the replacement container or the new antennas and equipment due to the
proposed concealment features.
Other Information
If you have any further questions or comments concerning this application, please feel free to contact me at 312-
858-6546, or via email at: cynthia.vandemark@sacw.com. I thank you In advance for your kind courtesies and
attention with respect to this application,
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540 W. Madison, 17th Floor, Chicago, IL 60661 I 847.944.1600 I 847.991.5707
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ATTACHMENT "C"
;*- A'.: V
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City of Central Point, Oregon
140 5 Third Street, Central Point, OR 97502
541.664.3321 Fax 541.664.6384
September 26, 2019
Justin Gindlesperger, AICP, CFM
Community Planner II
City of Central Point
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CENTRAL
POINT
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ATTACHMENT "D"
Building Department
Derek Zwagerman, P.E., Building Official
RE: MOD -19001 -Sprint Corporation Modification to Approved Plans and
Conditions of Approval
Building Department Comments:
The applicant must supply structural engineering that demonstrates the existing structure is
capable of supporting the increased loading due to the modification of this structure.
dl�
Derek Zwagerman, P.E.
Building Official
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ATTACHMENT "E"
PLANNING COMMISSION RESOLUTION NO. 875
A RESOLUTION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE
PERMIT FOR A FIRE STATION ON LANDS WITHIN THE CIVIC ZONING DISTRICT.
(File No: MOD -19001)
WHEREAS, the applicant has submitted an application for approval of a Major Modification to
Approved Plans and Conditions of Approval to modify an existing stealth telecommunications tower
disguised as a flag pole on property within the Tourist and Office Professional (C-4) zone; and
WHEREAS, on October 15, 2019 the City of Central Point Planning Commission conducted a duly -
noticed public hearing on the application, at which time it reviewed the Staff Report and heard testimony
and comments on the application; and
WHEREAS, the application has been found to be consistent with the approval criteria applicable to
Conditional Use Permits in accordance with Section 17.09 of the Central Point Municipal Code; and per
conditions noted in the Staff Report dated October 15, 2019; and
NOW, THEREFORE, BE IT RESOLVED that the City of Central Point Planning Commission by
Resolution No. 875 does hereby approve the Major Modification to Approved Plans and
Conditions of Approval application for Sprint Corporation. This approval is based on the
findings and conditions of approval as set forth in Exhibit "A," the Planning Department Staff
Report dated October 15, 2019, including attachments incorporated by reference.
PASSED by the Planning Commission and signed by me in authentication of its passage this 15'x' day of
October, 2019.
Planning Commission Chair
City Representative
Planning Commission Resolution No. 875 (10/15/2019)
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