Agenda - Planning Commission - 02/05/2009

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Zoning Bulletin cluded that since-the PSC did "not have rules and regulations governing the placement of substations," the PSC "clearly hard] not exercised its power to ~egulate the siting of substations"-which it was entitled to do. The trial court had recognized that the PSC did not have regulations governing the placement of substations but had "held that the PSC never- theless [wa]s required to hear the case and to apply standards that would ensure a fair and meaningful resolution." Contrary to the trial court's rationale, the Supreme Court of Georgia noted that not every property or complex constructionprojecfwas subject to zoning-like restrictions. "Indeed, the legislature hard] [under OCGA S 36-66-2(a)] expressly r<7c- ognized that a local governrrient [wa]s not required to exercise its zoning power." Just because PSC had a governmental power, did not mean it had a duty to exercise that power. And, PSC had never chosen to exercise its power to regulate the ~iting of substations. Nor did the statutory del- egations of authority to PSC provide sufficient objective standards so as . to give Georgia Power notice of the criteria for substation siting. While the court was "sympathetic with [Turnage's desire] to control commer- cial development, the PSC was not authorized to prohibit Georgia Power from constructing a substation on the basis of . . . zoning or similar regu- -lations not yet adopted." See also: City of Buford v. Georgia Power Co., 276 Ga. 590, 581 S.E.2d 16 (2003). See also: Davidson Mineral Properties, Inc. v. Monroe County,. 257 Ga. 215, 357 S.E.2d 95 (1987). Telecommunications/Substantial Evidence- City denies special use permit to construct a wireless telecommunications facility Telecommunications provider argues city denial is not supported by substantial evidence as required by law - Citation: T-Mobile Central, LLC v. Unified Government of Wyandotte County; Kansas City, Kan., 2008 WL 4900180 (lOth Cir.2008) ThE! 10th U.S. Circuit has jurisdiction over Colorado, Kansas, New Mexifo, Oklahoma, Utah, and Wyoming. KANSAS (11117/08)-The city's Code of Ordinances (the "Code") allowed telecommunications antennas and towers as special uses that couig. be permitted, under a Speci~l Use Permit, by the city. :Prirsuant to the Code, T-Mobile, LLC filed an application for a Spe- cial Use Permit with the planning commission (the "Commission") of the Unified Government of Wyandotte County/Kansas City, Kansas (the 10 @ 2008 Thomson Reuters/West 66 -\ ; i I: Ii 11 :1 !I \, II II \1 I ! 1 i i ). I I I .! j i. i 1 \ i ; I I j