01-0009R

RESOLUTION DENYING A SPECIAL USE PERMIT TO NORTHERN PCS FOR A 70 FOOT FLAG POLE COMMUNICATION TOWER ON PROPERTY LOCATED AT 1814 NORTH 51 AVENUE EAST.

BY COUNCILOR GILBERT:

        WHEREAS, Northern PCS, has submitted to the city council a request for a special use permit for a communication tower on property described as:  those parts of Lots 21 and 22, Block 2, Rearrangement of part of Crosley Park Addition described as follows: commencing at the southeast corner of said Lot 21, thence westerly along the south line of said Lot 21 a distance of 54.50 feet; thence deflect 90-00'-00" to the right in a northerly direction a distance of 17.00 feet to the point of beginning of the parcel of land to be described; thence continue northerly along the last described line a distance of 25.00 feet; thence deflect 90-00'-00" to the left in a westerly direction a distance of 25.00 feet; thence deflect 90-00'-00" to the left in a southerly direction a distance of 25.00 feet; thence deflect 90-00'-00" to the left in an easterly direction a distanced of 25.00 feet to the point of beginning; 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 of denial to the city council; and

        WHEREAS, the denial was made because of the city planning commission's findings that appropriate safeguards do not 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 request is hereby denied for Northern PCS for the construction and operation of a communications tower on the above described property citing the following findings:

                (a)    This application in not appropriate for this location in the middle of a residential zoning district;

                (b)    The applicant has not investigated other potential sites or structures in the vicinity where a communication facility could be located.


STATEMENT OF PURPOSE:  This resolution denies a special use permit request by Northern PCS (Sprint) for the construction and operation of a 70 foot tall, flag pole communications tower on unimproved, wooded property located west of and across 51st Avenue East from and owned by Faith Lutheran Church located at 1814 North 51st Avenue East.

The planning commission voted 7-2 to deny approval of the special use permit request following public hearings and meetings on November 14 and December 12, 2000.

The planning staff had recommended approval of the request based on the following suggested findings:

        1.    Will the proposed special use result in a random pattern of development with little contiguity to existing or programmed development? No. This facility is located in the middle of a wooded church property. The antenna pole and equipment are visually screened from surrounding properties by existing vegetation which reaches heights of 50-60 feet. A conventional flag pole is exempt from zoning under Sec. 50-21 of the Code.

        2.    Will the requested use cause anticipated negative fiscal or environmental impacts upon the community? No. The pole setting is well screened and well setback from property lines and does not affect any structures.

        3.    Will conditions and safeguards protect the comprehensive plan and conserve and protect property and property values in the neighborhood? This is considered an ancillary use similarly to a utility. Compliance with this permit and uniform electrical and construction codes are adequate to protect the property and the neighborhood.

        4.    What appropriate conditions and safeguards, including performance bonds and a specified period of time for the permit, are necessary? Other than perpetual compliance with the provisions of this permit, Chapter 50 of the Code and building permits, no additional conditions or safeguards have been identified.
 

Application received:  October 23, 2000 Action deadline: February 20, 2001