WHEREAS, Shockley Communications Corporation has submitted to the city council a request for a special use permit for the construction and operation of a 1,000 foot communication tower and equipment building located on the south side of West 13th Street at Fourth Avenue West, said property being legally described as: Blocks 2, 3 & 4, Summit Park Division and Bocks 174 & 178, Duluth Proper Third Division; and said permit application was duly referred to the city planning commission for a study, report and public hearing and the city planning commission has subsequently reported its recommendation for approval to the city council; and

WHEREAS, the approval was made because of the city planning commission's findings that appropriate safeguards will exist to protect the comprehensive plan and to conserve and to protect property values in the neighborhood, if conditions are observed.

NOW, THEREFORE, BE IT RESOLVED, that a special use permit is granted to Shockley Communications Corporation for erection of a 1,000 foot communication tower and equipment building, located on the above described property subject to the following conditions:

(a)  That the tower be constructed and maintained in accordance with plans identified as Public Document No. ________, as:
(1)  A painted structure (orange and white per FAA/FCC rules for daytime and aviation red lighting at night); or

(2)  A galvanized structure with strobe lighting for daytime and aviation red lighting at night as provided in Section 50-35 (z);

(b)  That the necessary federal aviation administration permits be obtained; and

(c)  That the necessary building permits be obtained.

STATEMENT OF PURPOSE: This resolution grants a special use permit to Shockley Communications Corporation to erect a 1,000 foot communications tower and equipment building on the south side of West 13th Street at Fourth Avenue West in the area known as the Antenna Farm.

The planning commission unanimously approved this resolution, at its April 26, 2000 meeting.

The staff offered and the commission recommended approval based in part on the following findings:

1. Will the proposed special use result in a random pattern of development with little contiguity to existing or programmed development? No. This site is within the "Tower Farm or Antenna Farm" area established by the City dating back to the 1920's. This use is consistent with surrounding special use permits granted by the city for communication towers.

2. Will the requested use cause anticipated negative fiscal or environmental impacts upon the community? No. This is a new tower in an area of existing towers.

3. Will conditions and safeguards protect the comprehensive plan and conserve and protect property and property values in the neighborhood? This is an area historically designated to tower use, this request is consistent with existing and historic use of the property and the area.

4. What appropriate conditions and safeguards, including performance bonds and a specified period of time for the permit are necessary? No conditions have been identified.