Hearings Officer Packet - 07/22/1995CITY OF TIGARD
HEARINGS OFFICER
JULY 22, 1996 - 7:00 P.M.
AGENDA
1. CALL TO ORDER
2. PUBLIC HEARING
City of Tigard, Oregon
2.1 >SPRINT MONOPOLE COMMUNICATIONS TOWER<
CONDITIONAL USE PERMIT (CUP) 96-0004
The applicant is requesting Conditional Use Permit approval to develop a 100-
foot monopole and related equipment structures. LOCATION: 8777 SW
Burnham Street (WCTM 2S1 02AD, Tax Lot 2000). ZONE: Central Business
District (CBD). The purpose of the CBD zoning district is to provide a
concentrated mix of commercial, retail and residential uses. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.66, 18.100,
18.102, 18.106, 18.108, 18.114, 18.130, and 18.164.
2.2 >STEVEN'S MARINE STORAGE BUILDINGQ
CONDITIONAL USE PERMIT (CUP) 96-0005
The applicant is requesting approval to develop a 2,400 square foot storage
building to use existing graveled areas of the site for outdoor storage.
LOCATION: 12000 Block of SW Burnham Street (WCTM 2S1 02AB, Tax Lot
5301). ZONE: Central Business District (CBD). The CBD zone district permits
concentrated office, commercial, retail and related mixed uses. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.66, 18.100,
18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.130 and 18.164.
3. OTHER BUSINESS
4. ADJOURNMENT
TIGARD HEARING'S OFFICER PAGE 2 OF 2
7/22/96 PUBLIC HEARING h:\patty\masters\agendho.mst
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PUBLIC NOTICE:
Assistive Listening Devices are available for persons with impaired
hearing and should be scheduled for Hearings Officer meetings by
noon on the Monday prior to the meeting. Please call (503) 639-4171,
Ext. 320 (voice) or (503) 684-2772 (TDD - Telecommunications
Devices for the Deaf). Upon request, the City will also endeavor to
arrange for the following services:
? Qualified sign language interpreters for persons
with speech or hearing impairments; and
? Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is
important to allow as much lead time as possible. Please notify the City of
Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the
meeting date at the same phone numbers as listed above.
(OVER FOR MEETING AGENDA ITEM(S)
TIGARD HEARING'S OFFICER PAGE 1 OF 2
7/22/96 PUBLIC HEARING h:\patty\masters\agendho.mst
AGENDA ITEM NO. 2
4 1 k
CITY OF TIGARD
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY,
JULY 22, 1996 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL
BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO: CONDITIONAL USE PERMIT (CUP) 96-0004
FILE TITLE: SPRINT MONOPOLE
APPLICANT: Sprint Spectrum, L.P. OWNER: City of Tigard
Don deBlanc, Property Manager Water Department
7770 SW Mohawk, Bldg. F 13125 SW Hall Blvd.
Tualatin, OR 97062 Tigard, OR 97223
REQUEST ? The applicant is requesting Conditional Use Permit approval to develop a
100-foot monopole and related equipment.
LOCATION: 8777 SW Burnham Street (WCTM 2S1 02AD, Tax Lot 2000).
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.66, 18.100, 18.102, 18.106, 18.108,
18.114, 18.130, and 18.164.
ZONE: Central Business District (CBD). The purpose of the CBD zoning district is to provide a
concentrated mix of commercial, retail and residential uses.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES
OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE
ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF
PROCEDURE SET FORTH IN CHAPTER 18.30.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE
CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND
QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320
(VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS
THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS.
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE
PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF
CUP 96-0004 SPRINT MONOPOLE PUBLIC HEARING NOTICE
AlkREPORT PRESENTATION FRO 1% HE CITY PLANNER; OPEN TH HEARING; AND INVITE
BOTH ORAL AND WRITTEN TE MONY. THE HEARINGS OFFI%UBLIC
MAY CONTINUE THE PUBLIC
HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC
HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN
SUPPORT TO THE APPLICATION AFTER JULY 1, 1996, ANY PARTY IS ENTITLED TO REQUEST A
CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING,
ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT
LEAST SEVEN (7) DAYS AFTER THE HEARING.
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST
FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN.
APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED
UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT
COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA
LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE
OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO
AFFORD THE DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN
APPEAL BASED ON THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25?) PER
PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST
SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE
FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C)
PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MARK ROBERTS AT
(503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON.
cur 9b-0004 W'KIN I MUNUVULt VUbLII: MtAKINU NU I Ict
t
q:>4 FAX TRANSMITTAL
DATE:
TO: Mary White, Legals (fax) 620-3433
FROM: Patricia Lunsford, City of Tigard (Ph.) 639-4171
PLACE UNDER CITY OF TIGARD LOGO
IN THE LEGALS SECTION
The following will be considered by the Tigard Hearings Officer on Monday, at 7:00 PM at Tigard
Civic Center - Town Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Both public, oral and written testimony is invited.
The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard
Municipal Code, and rules and procedures of the Hearings Officer. Failure to raise an issue in person or by letter
accompanied by statements or evidence sufficient to allow the hearings authority and all parties to respond precludes
an appeal, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which
a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the
Planning Division at 13125 SW Hall Boulevard, Tigard, Oregon 97223 or by calling (503) 639-4171.
PUBLIC HEARING:
CONDITIONAL USE PERMIT (CLIP) 96-0004
?SPRINT MONOPOLE Q
The applicant is requesting Conditional Use Permit approval to develop a 100-foot monopole and related
equipment. LOCATION: 8777 SW Burnham Street (WCTM 2S1 02AD, Tax Lot 2000). ZONE: Central
Business District (CBD). The purpose of the CBD zoning district is to provide a concentrated mix of
commercial, retail and residential uses. APPLICABLE REVIEW CRITERIA: Community Development
Code Chapters 18.66, 18.100, 18.102, 18.106, 18.108, 18.114, 18.130, and 18.164.
TT PUBLISH DATE:
CUP 96-0004 SPRINT MONOPOLE PROPOSAUREQUEST FOR COMMENTS
CITY OF TIGARD HEARING'S OFFICER
SIGN-IN SHEET
2i I ; L
BIIY of Tigard, Oregon
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR
NAME AND RECORD THEIR ADDRESS ON THIS SHEET ...(Please PRINT LealbhlI
AGENDA ITEM #: 1 12.1 11 DATE OF HEARING: 7/22/96 Page 1 of 9
FILE NAME(S): SPRINT MONOPOLE COMMUNICATIONS TOWER
CASE NUMBER(S): CONDITIONAL USE PERMIT (CUP) 96-0004
OWNER(S) CITY OF TIGARD
APPLICANT(S): SPRINT SPECTRUM, L.P.
LOCATION: 8777 SW BURNHAM STREET
MAP(S) & TAX LOT(S) NO(S). WCTM 2S1 02AD, TAX LOT 2000
PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR AP CODE
PROPONENT (For the proposal)
(Mat Name/Addmssft aAflIDafionl
OPPONENT (Against the proposal)
(Print Name/Address/Zip &Afifiladonl
Name: Name:
Address: Address:
City: State: Zip: City: State: Zip:
Name: Name:
Address: Address:
City: State: Zip: City: State: Zip:
Name: Name:
Address: Address:
City: State: Zip: City: State: Zip:
hApatty\masters\s ig n in ho. mst
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BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Sprint Spectrum L.P. for ? FINAL ORDER
a conditional Use Permit to develop a 100-foot ) CUP 96-0004
cellular communications monopole and related ? SPRINT SPECTRUM L.P.
communications facilities. 1
1. SUMMARY OF THE REQUEST
The applicant requests approval of a conditional use permit to develop a cellular
communications monopole and related facilities to improve wireless phone service.
LOCATION: A sixteen hundred (1600) square foot leased site of the City of Tigard Water
Department site located off SW Burnham Road west of SW Hall Blvd.;
WCTM 2S1 2AD, Tax Lot 2100.
COMPREHENSIVE PLAN AND ZONING DESIGNATION: CBD (Central Business District)
APPLICANT: Sprint Spectrum L.P.
OWNER: City of Tigard, Water Department
APPLICABLE LAW: Community Development Code Chapters 18.66, 18.98, 18.100,
18.102, 18.108, 18.120, 18.130, and 18.164. Comprehensive Plan Policies 2.1.1, 4.2.1,
7.1.2, 7.3.1, 7.4.4, 8.1.1, 8.1.3 and 12.4.
STAFF RECOMMENDATION: Approve
HEARINGS OFFICER DECISION: Approve
II. HEARING
A. Hearing
Hearings Officer Deniece Won received testimony at the public hearing about this
application on July 22, 1996. A record of that testimony is included herein as Exhibit A
(Parties of Record), and Exhibit B (Taped Proceedings). These exhibits are filed at the
Tigard City Hall.
Page 1 - Hearings Officer Decision
CUP 96-0004 (Sprint Spectrum L.P.)
• •
B. Summary of oral testimony.
1. City Planner Mark Roberts testified for the City. He summarized the staff report
and recommendation. City staff recommended approval of the permit without conditions.
2. Hearings Officer Won observed that the Staff Report did not address storm
drainage standards and has no storm water management conditions. Mark Roberts
responded that the leased portion of the property is now paved. The project might reduce
the percentage of impervious surfaces on this site but could not increase it. Therefore, the
storm water standards don't apply to this application.
3. John Brosy, the Portland Office Manager for Bento Communications a vendor for
Sprint Spectrum, testified for the applicant. The leased area is used for storage bins and is
almost entirely paved with asphalt. The Tigard Water Department now uses the site for
storage. He said the applicant has no opposition to any of the staff report conclusions or
recommendations. He said the lease agreement between Sprint Spectrum and the City of
Tigard provides that the City can place future fire or police telecommunications facilities on
the same tower, but they don't have any plans at this time. He understands that if the
applicant were to install more than two facilities, the Code would require a minor
modification to this conditional use permit. Commonly an additional land use action would
be required for any additional co-locator on the monopole facility, even the second one
covered by this conditional use permit, because a co-locator would have their own fenced
compound for related facilities.
III. FINDINGS
The Hearings Officer adopts and incorporates in this order the Tigard Community
Development Staff report dated July 10, 1996 (the "Staff Report") including the summary,
findings about the site and surroundings, applicable approval standards, agency comments,
and evaluation of the request, except to the extent expressly modified.
1. THE SITE PLAN
The proposed project consists of the installation and operation of antennas and
associated equipment cabinets for Sprint Spectrum Mobil Services' personal
communications service (PCS) network. The applicant proposes a 100-foot monopole
tower. The applicant requested approval for two communication facilities on this
monopole. The applicant also requested approval of six electronic equipment cabinets
measuring thirty inches wide by thirty inches deep by sixty inches tall mounted near the
base of the tower on an eight-foot by eighteen-and-a-half-foot concrete slab. The
equipment cabinets contain the power supply, backup batteries, and radio communications
equipment for the Sprint wireless personal communication services system. The applicant
proposes one antenna array at this time for the usage of Sprint Spectrum and a second
antenna array may be installed in the future.
Page 2 - Hearings Officer Decision
CUP 96-0004 (Sprint Spectrum L.P.)
• •
IV. EVALUATION OF REQUEST
Compliance with Community Development code.
1. Chapter 18.130.040 contains the following general approval criteria for a
Conditional Use:
1) The site size and dimensions provide adequate area for the needs of
the proposed use;
2) The characteristics of the site are suitable for the proposed use
considering size, shape, location, topography, and natural features.
3) All required public facilities have adequate capacity to serve the
proposal.
4) The applicable requirements of the zoning district are met except as
modified by this chapter.
5) The supplementary requirements set forth in Chapter 18.114 (Signs)
and Section 18.120.180 Site Development Review are met.
6) The use will comply with the applicable policies of the Comprehensive
Plan.
2. The proposed use can comply with Chapter 18.130 because the size and shape
of this site can meet the proposed use's needs. The site is suitable for this use because
the site is flat and has no significant natural features to be considered in site development,
the property is physically separated from residential areas. The railroad to the north and
the stand of trees to the west provide buffering of the proposed monopole.
All required public facilities are available or can be made available to serve this
development as proposed. Access, telephone service and power are the only public
facilities required by the proposed use. The proposed use will not need water or sewer
service.
This proposal meets all applicable standards of the zoning district. The use
complies with the site development standards set forth within the Development Code.
The application does not propose any signs.
The antenna facility is not expected to generate light or noise impacts because it is
an unstaffed antenna site. Site development will not generate large scale construction
impacts because of the type of improvements that the applicant plans. The site will also
not require parking because of the type of proposed facility. There are no neighboring
residential areas.
Page 3 - Hearings Officer Decision
CUP 96-0004 (Sprint Spectrum L.P.)