PC 021109 - Laserfiche WebLink

Commissioner Olson stated that Club Sport is a health club and the fact that it provides child care is incidental to what it really does. Commissioner Narum inquired if the appeal is based on Club Sport having a day care operation within 300-feet of where the tower would be located. Commissioner Fox replied that was correct and that Club Sport calls it a childcare center. She noted that the ordinance includes restrictions for a childcare centerwithout any parameters regarding whether or not parents are there orwhether or not the facility is licensed. Kate Belmonte, Verizon Wireless, stated that they have worked diligently to choose a wireless location that meets the parameters of the City's wireless ordinance. She explained that they are proposing an equipment design which will match and harmonize with those of the existing carriers already on site for the reasons discussed by the Planning staff, and they believe their site clearly meets the location standards for being more than 300 feet from a childcare facility. She stated that the issues as to why the 300-foot limit was put into place cites property values, visual, safety, security issues, and noise. She noted that the wireless facilities have been there since 1999, and none of those issues have arisen during that ten-year period. She also said Verizon agrees to all the Conditions of Approval and requested the Commission to support the project. Commissioner Fox stated that said she had no rebuttal. THE PUBLIC HEARING WAS CLOSED. Chair Pearce recommended denying the appeal thereby upholding the Zoning Administrator's approval of PDRW-13. He stated that he was trying to be sensitive about the childcare issues as well as issues of property values, noise, and others in the ordinance; however, there have been antennas on-site since 1999, and more were approved in 2005. He noted that the way Club Sport operates is no different today than it was in 2005 or in 1999; hence, he believes it is not appropriate to suddenly impose restrictions. As an example, he stated that if a gas station were to set up a play area on-site and call it childcare where kids could go in and play with toys while their parents are filling up their tanks, he did not believe that would be a true childcare center. He indicated that he felt there should be a point to apply common sense and that he did not feel comfortable closing down something that has already been in existence. Commissioner O'Connor added that he certainly thinks the Commission could make a distinction between a gas station where somebody might be for 15 minutes versus a facility where somebody has 21 hours of available child care. Commissioner Blank agreed. Commissioner O'Connor added that one of the points he would make is that if the appeal were to be denied, some clarification would be needed in the language of the ordinance. He noted that it was clear to him that in this case, this is childcare, and the ordinance is not clear about licensed versus unlicensed childcare. PLANNING COMMISSION MINUTES, February 11, 2009 Page 8 of 13