01-0136R

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

BY COUNCILOR STENBERG:

        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 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 feet; thence deflect 90-00'-00" to the left in a westerly direction a distance of 25 feet; thence deflect 90-00'-00" to the left in a southerly direction a distance of 25 feet; thence deflect 90-00'-00" to the left in an easterly direction a distance of 25 feet to the point of beginning; and

        WHEREAS, 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 approval to the city council; and

        WHEREAS, the record in the case consists of the planning commission file and council proceedings; and

        WHEREAS, the approval was made because of the city planning commission's findings that appropriate safeguards do 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 the council makes and adopts the findings of the planning commission, and as set out in this statement of purpose, and honors the criteria of applicable federal law, and finds that the proposed tower is in compliance with federal law, and so concludes that a special use permit is hereby granted to Northern PCS for the construction and operation of a communications tower on the above described property subject to the following conditions:

                (a)     That the installation be limited to, constructed and maintained in accordance with plans submitted by Midwest Real Estate Services, Inc., for Northern PCS, dated 10/23/00;

                (b)     That the pole will only be up lighted when the United States Flag is being displayed at night. There shall be no other lighting on the pole.


STATEMENT OF PURPOSE:  This resolution grants 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 Ave from and owned by Faith Lutheran Church located at 1814 North 51st Avenue East.

The planning commission recommended approval, by a vote of 11-1, of the special use permit request following a supplemental public hearing on February 13, 2001. The commission had previously heard this same request at hearings and meetings on November 14 and December 12, 2000.

The commission in considering this recommendation considered, in part, 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 facility is located in the middle of a church property. The antenna pole and equipment are visually screened from surrounding properties by existing vegetation which reaches heights of 50 feet, the tower will reach to 70 feet.

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. Existing trees on the site screen all but 20 feet of the pole.

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 similar to a utility. Compliance with FCC requirements, 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.

Points in favor:

    1.     This facility provides a service to the neighborhood and the greater community.

    2.     Co-locations are not available in this area.

    3.     This facility has minimal visual impact on the skyline from properties up slope.

    4.     The alternative to service in this area is to install multiple utility poles which do not require review or a special use permit and may reach 60 feet in height, ten feet shorter than the requested pole.

Point in opposition:

    1.     This "flag pole" will impact the skyline about 15-20 feet above the existing tree line of this site.
 
Application Received: October 23, 2000 Action Deadline: February 20, 2001