HomeMy WebLinkAbout9B - Communication Tower in Candy Cove Right-Of-Way
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
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CITY COUNCIL AGENDA REPORT
NOVEMBER 1,1999
9B
JENNITOVAR,PLANNER
DON RYE, PLANNING DIRECTOR 'DE rEeRt0
CONSIDER APPROVAL OF RESOLUTION 99-XX../
APPROVING THE CONDITIONAL USE PERMIT FOR A
COMMUNICATION TOWER LOCATED WITHIN THE
CANDY COVE RIGHT-OF-WAY
History:
US West has applied for a Conditional Use Permit to allow a
communication tower within the right-of-way of Candy Cove. The
property is zoned R-l (Low Density Residential). The subject site
consists of approximately 145 square feet within the Candy Cove
right-of-way located across the street from 15822 Candy Cove, .IMre.
is a~ existin.,g 1.8 fo?~~all ~_~R__p~'Y~.!:.~le, currently lo~ated in all
easement on the adjacent property: .T.heapplicant intel1c:l~t(),~err;tQye
fueexiSilng'poie-anclreplace 'it ~ith a n~"".?_4y'~ J2g1..hLgl1..PQ1~ ilJJb~,
~gIit-of-waY(seeExIiibit A, survey). .. There is a proposed utility box
'located-' on the groUild, within the right-of-way. The box is located
within the leased tract and is 312 feet high, approximately 4 feet by 4
feet square.
Current Circumstances:
On October 11, 1999, the Planning Commission held a public hearing
and recommended the City Council approve the Conditional Use
Permit with conditions. A copy of the draft minutes of the meeting is
attached to this report.
The Issues:
The proposed Conditional Use Permit should be reviewed in
accordance with the criteria found in Section 1108 of the City Code
and Section 1110. Section 1110 is the Communications Tower
ordinance. The criteria are discussed on the following pages.
1620(J1fM~~i?t:~&~1(~S~:9S~~~15r1g~ Lake. Minnesof:155372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
City Code 1110.500 Height Restrictions allows for a maximum
height of 45 feet and that no tower exceed a height equal to the
distance from the base of the antenna to the nearest overhead electrical
power line. The Council may approve a conditional use permit to
allow an antenna located on/with an existing or proposed structure up
to 25 feet above the structure if the applicant can demonstrate that, by
a combination of antenna design, positioning of the structure and/or by
screening erected or already in place on the structure, off site views of
the antenna from adjacent properties are minimized. The proposed
pole will be 54 ~ feet tall. With the granting of the CUP, the
proposed height will be comforming to the ordinance.
City Code 1110.600 Setbacks allows a tower's setback to be reduced
or its location in relation to a public street varied to allow the
integration of a tower into an existing or proposed structure such as a
church steeple, power line support device, or similar structure upon
approval of a Conditional Use Permit.
City Code Section 1110.1200 Co-location requires the applicant for a
tower permit to provide documentation related to co-location.
Attached is a letter dated October 7, 1999 from US West related to co-
location. While there are other sites that they could co-locate on (High
School football field light poles) they have made a business decision to
utilize their existing resources within the right-of-way as proposed.
The Planning Commission concurred with their position of co-locating
with NSP as being acceptable and compliant with the ordinance.
Section 1108.200 of the City Code sets forth the criteria for approval
of a CUP. These criteria and the staff analysis of compliance with
these criteria are set forth below;
1. The use is consistent with and supportive of the goals and
policies of the Comprehensive Plan.
The proposed use preserves the objectives of the existing ordinances.
The Comprehensive Plan designates the property as R-L/M (Low to
Medium Density Residential). The proposed use is consistent with an
objective to "maintain orderly development of and access to utilities."
2. The use will not be detrimental to the health, safety, morals
and general welfare of the community as a whole.
The proposed communication tower will not be detrimental to health,
safety, morals and general welfare of the community as a whole. There
are no structures located within the fall zone of the tower. The high
school tennis courts are located to the east, and the nearest house is
f:\dept\planning\99fi1es\99cup\99-065\99-065cc.doc Page 2
located approximately 200 feet from the proposed pole, across the
street.
3. The use is consistent with the intent and purpose of the Zoning
Ordinance and the Use District in which the Conditional Use is
located.
The proposed communication tower use is consistent with the R-l
(Low Density Residential) zoning district. The proposed height and
setback requires a conditional use permit in this zoning district.
4. The use will not have undue adverse impacts on governmental
facilities, services, or improvements which are either existing
or proposed.
The proposed use will not have undue adverse impacts on
governmental facilities, services, or improvements. The roadway is
within the fall zone of the tower and would be temporarily blocked if
the tower should fall to the west.
5. The use will not have undue adverse impacts on the use and
enjoyment of properties in close proximity to the conditional
use.
The proposed monopole will not have undue adverse impacts on the
use and enjoyment of properties in close proximity. The pole,
although taller, is similar to those used for other structures within the
right-of-way.
6. The use is subject to the design and other requirements of site
and landscape plans prepared by or under the direction of a
professional landscape architect, or civil engineer registered in
the State of Minnesota, approved by the City Council and
incorporated as part of the conditions imposed on the use by
the City Council.
The landscape ordinance does not apply to this, as it is located within
the right-of-way. From a maintenance point of view, additional
landscaping is not desired within the right-of-way.
7. The use is subject to drainage and utility plans prepared by a
professional civil engineer registered in the State of Minnesota
which illustrate locations of city water, city sewer, fire
hydrants, manholes, power, telephone and cable lines, natural
gas mains, and other service facilities. The plans shall be
included as part of the conditions set forth in the Conditional
Use Permit approved by the City Council.
f:\dept\planning\99fi1es\99cup\99-065\99-065cc,doc Page 3
FISCAL IMPACT:
ALTERNATIVES:
Plans prepared by a registered civil engineer have been submitted.
They will be reviewed as a part of the building permit application.
The engineering staff has reviewed the plans submitted.
8. The use is subject to such other additional conditions which the
City Council may find necessary to protect the general welfare,
public safety and neighborhood character. Such additional
conditions may be imposed in those situations where the other
dimensional standards, performance standards, conditions or
requirements in this Ordinance are insufficient to achieve the
objectives contained in subsection 1108.202. In these
circumstances, the City Council may impose restrictions and
conditions on the Conditional Use Permit which are more
stringent than those set forth in the Ordinance and which are
consistent with the general conditions above. The additional
conditions shall be set forth in the Conditional Use Permit
approved by the City Council.
Additional conditions recommended for the proposed use are listed
below.
Conclusion: The Planning Commission concluded the proposed tower
is consistent with the Conditional Use Permit criteria and
Communication Tower Ordinance. The Planning Commission felt the
use is consistent with other light poles in the area and is a reasonable
use within the right-of-way and the co-location requirement has been
met. The Planning Commission recommends approval of this request
subject to the following conditions:
1. The utility equipment box must be located as far from the curb as
possible, but within the right-of-way and leased tract.
2. A building permit is required.
3. A permit to work within the right-of-way is obtained from the
Engineering Department.
Budget Impact: The construction of the towers will have no fiscal
impact on the City.
The City Council has three alternatives:
1. Adopt Resolution #99-XX approving the Conditional Use Permit
for US West subject to the listed conditions.
2. Deny the Conditional Use Permit on the basis they are inconsistent
with the purpose and intent of the Zoning Ordinance and/or the
Comprehensive Plan. In this case, the Council should direct the
f:\dept\planning\99files\99cup\99-065\99-065cc.doc Page 4
RECOMMENDED
MOTION:
REVIEWED BY:
staffto prepare a resolution with findings of fact for the denial of
these requests.
3. Defer consideration of this item for specific reasons.
Staff recommends alternative #1.
1. A motion and seco to approve Resolution 99-XX approving the
Conditional Use P it, subject to the listed conditions.
f:\dept\planning\99files\99cup\99-065\99-065cc,doc Page 5
CONDITIONAL USE PERMIT
RESOLUTION 99-XX
APPROVING A CONDITIONAL USE PERMIT TO ALLOW A COMMUNICATIONS
TOWER WITIDN THE CANDY COVE RIGHT-OF-WAY FOR US WEST, INC.
MOTION BY: SECOND BY:
WHEREAS, the Prior Lake Planning Commission conducted a public hearing on October
11, 1999, to consider an application from US West Inc. for a Conditional Use
Permit (CUP) for a 54 Y2 foot tall communications tower and the City
Council heard the case on November 1, 1999; and
WHEREAS, notice of the public hearing on said CUP has been duly published m
accordance with the applicable Prior Lake Ordinances; and
WHEREAS, the Planning Commission proceeded to hear all persons interested in this
issue and persons interested were afforded the opportunity to present their
views and objections related to the CUP for US West; and
WHEREAS, the Planning Commission and City Council find the CUP for a
Communication Tower located within the Candy Cove right-of-way for US
West in harmony with existing development in the area surrounding the
project; and
WHEREAS, the Planning Commission and City Council find the proposed CUP is
compatible with the stated purposes and intent of the Zoning Ordinance as
they relate to conditionally permitted uses, and further, that the proposed
CUP meets the criteria for approval of CUP as contained in Section 1108 and
Section 1110 Communication Towers of the Zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
that it hereby adopts the following findings:
FINDINGS
1. The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
2. The use will not be detrimental to the health, safety, morals and general welfare of the
community as a whole.
f:\dept\planning\99fi1es\99cup\99-065\cuprscc,doc Page I
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
3. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use
District in which the Conditional Use is located.
4. The use will not have undue adverse impacts on governmental facilities, services, or
improvements which are either existing or proposed.
5. The use will not have undue adverse impacts on the use and enjoyment of properties in
close proximity to the conditional use.
6. The use is compatible with the general welfare, public safety and neighborhood
character.
BE IT FURTHER RESOLVED, THE CITY COUNCIL OF THE CITY OF PRIOR LAKE
approves the CUP for US West, Inc on the property legally described as follows:
A strip of land 7.08 feet in width over part of the Southeast Quarter of the Southwest Quarter of
Section 36, Township 115 North, Range 22 North of the 5th Principal Meridian, Scott County,
Minnesota, to the easterly line of said strip described as follows:
Commencing at the intersection of the easterly extension of the north line of Block 1, Centennial
Addition, according to the recorded plat thereof and situate in Scott County, Minnesota with the
west line of Candy Cove Trail; thence North 89 degrees 40 minutes 43 seconds East assumed
bearing along said easterly extension a distance of 60.49 feet to the east line of said Candy Cove
Trail; thence South 7 degrees 37 minutes 57 seconds East along said east line a distance of
52,89 feet to an angle point in said east line; thence South 18 degrees 40 minutes 06 seconds
East continuing along said east line a distance of 57.76 feet to the point of beginning of the line to
be described; thence South 18 degrees 40 minutes 06 seconds East continuing along said east
line a distance of 20,58 feet and said line there terminating.
BE IT FURTHER RESOLVED, approval of the CUP, as shown in Exhibit A and on Sheet Z-3,
is subject to the following conditions:
1. The utility equipment box must be located as far from the curb as possible, but
within the right-ol-way and leased tract.
2. A building permit is required.
3. A permit to work within the right-ol-way is obtained from the Engineering
Department.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use
Permit for US West. The contents of Planning Case File #99-065 are hereby entered into and
made a part of the public record and the record of the decision for this case.
Passed and adopted this 1st day of November, 1999.
f:\dept\planning\99files\99cup\99-065\cuprscc.doc
Page 2
wy------.--
Mader
Kedrowski
Petersen
Schenck
Wuellner
{Seal}
f:\dept\planning\99fi1es\99cup\99-065\cuprscc.doc
YES
Mader
Kedrowski
Petersen
Schenck
Wuellner
NO
City Manager,
City of Prior Lake
Page 3
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SURVEY FOR:
U. S. WEST WIRELESS
LEGAL DESCRIP110N:
Part of the existing right-of-way of Candy Cave Trail located in the Southeast Quarter of the
Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota.
CERl1FICA 110N:
I hereby certify that this map was prepared by
and that I am a duly Registered Land Surveyor
Dated this 1 st day of July, 1999.
Revised this 14th day of September, 1999.
by:
me or under my direct superVISion
under the laws of the State of Minnesota,
QJrVL
1 Jack Boike
Minnesota License No. 20281
PROPOSED LEASE TRACT DESCRIPTION
A strip of land 7.08 feet in width over part af the Southeast Quarter of the Southwest Quarter of Section 36,
Township 115 North. Range 22 North of the 5th Principal Meridian, Scott County, Minnesota, the easterly line of
said strip is described as follows:
Commencing at the Intersection af the easterly extension of the north line of Slack 1, CENTENNIAL
ADDIT10N, according to the recorded plat thereof and situate in Scott County, Minnesota with the west
line af Candy Cove Trail; thence North 89 degrees 40 minutes 43 seconds East assumed bearing along
said easterly extension a distance of 60.49 feet to the east line of said Candy Cove Trail; thence South 7
degrees 37 minutes 57 seconds East along said east line a distance of 52,89 feet to an angle point in
said east line; thence South 18 degrees 40 minutes 06 seconds East continuing along said east line a
distance of 57,76 feet to the point of beginning of the line to be described; thence South 18 degrees 40
ii"'linutc3 05 ::::ccr.ds EC3t continuing along said east line a dls~cnce of 20.53 feet and 5G:d :;ne thtii'e
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FIELD & NOWAK
SURVEYORS
INC.
7415 WAY2ATA BOULEVARD
MINNEAPOLIS, MINNESOTA
TRE: (512) 545-5837
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US WEST WIRELESS, L.L.C.
R.O.W.
15822 CANDY COVE TRAIL SE.
PRIOR LAKE, MINNESOTA 55372
COUNTY: SCOTT SITE: MIN-295
PROJECT DIRECTORY
APPLICANT
US WEST WIRELESS, LL.C.
426 NORTH FAIRVIEW AVENUE, ROOM 101
ST, PAUL, MN 55104
P: (651) 642-6012
F: (651) 642-6942
CONTACT: JOHN THIELEN
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CONSTRUCTION MANAGEFl
US WEST WIRELESS. L.LC.
426 NORTH FAIRVIEW AVENUE, ROOM 101
ST. PAUL, MN 55104
P: (651) 642-6014
F: (651) 642-6942
CONTACT: DAVE JOHNSTON
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US West Wireless L.L.c.
426 North Fairview Avenue
St. Paul, MN 55104
F~: 651-642-6942
October 7, 1999
Jane A. Kansier
Planning Coordinator
City of Prior Lake
16200 Eagle Creek Ave, SE.
Prior Lake, MN 55372
Re: MIN295 Utility Pole Collocation on Candy Cove Trail.
Prior Lake Planning Commission:
US WEST Wireless is proposing to collocate on a utility pole in the right of way on Candy Cove Trail. This
letter is intended to address your concerns as defined in the Prior Lake zoning code section 1110.1200.
The coverage area includes Highway 13, l60th Street, Highway 21 and Franklin Trail, as well as the surrounding
commercial and residential area within 3/4 mile, US WEST Wireless does not currently provide service in this
area, This area contains several patches of dense vegetation and has an average ground elevation of
approximately 950 feet AMSL (Above Mean Sea Level), Therefore an antenna elevation of at least 1005 feet is
needed to clear the average tree top level.
For communications poles less than 80 feet in height, Prior Lake's zoning code section 1110,1200 part I requires
consideration of collocation options within Y. mile of the proposed pole, The following structures are within Y.
mile and could meet our RF coverage requirements:
. High School Light Poles
· US WEST / NSP Utility Pole (Subject)
Cable TV Tower
US WEST Wireless made a business decision to locate on its own asset.
The proposed utility pole is located near the intersection of Candy Cove Trail SE and Centennial Street SE, at a
ground elevation of 960 feet AMSL and a height of approximately 30 feet. Extending the height of the pole to
48.5 feet would allow us to mount antennas with their centers at about 1005 feet AMSL A drive test was
conducted to confirm that mounting our antennas at this height would meet the coverage objective,
Sincerely,
~/ Ai~~
Scott G. Schecklman
RF Design Engineer
I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I
am a duly Register ofessional Engineer under the laws of the State of Minnesota.
Signature:
o{\
MIN295 (114 mi~ search ragl\1,s)
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Fri Oct 0810:131999
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OCT 08 '99 01: 12PM TRIRX TELECOM Co
P.Ul
100 FILLMORE STREET
SUITE 800
OENVER, COLORADO 80206
303-333,2424
303.333-'1'0 FAX
TRIAX
TeU:COMMUNICAll0NS
COMPANY. L..L.C.
October 8, 1999
Dave Fischer! Real Estate Consultant
US West Wireless
426 N. Fairview Ave., Room 101
St. Paul, MN 55104 -
Fax (651) 642-6942
RE: Prior Lake Tower Site
Dear Mr. Fischer:
I am sorry to inform you that we cannot accommodate your request to add equipment to our
tower site located at 15777 South Highway 13 in Prior Lake, Minnesota.
If I can be of further assistance! please feel free to contact me at the telephone number listed
above.
J;;{,~
Contract Administrator
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PLANNING COMMISSION MINUTES
MONDAY, OCTOBER 11, 1999
1. Call to Order:
The October 11, 1999, Planning Commission meeting was called to order by Chairman
Stamson at 6:30 p.m. Those present were Commissioners Cramer, Criego, Kuykendall,
Stamson and Vonhof, Planning Director Don Rye and Planner Jenni Tovar.
2. Roll Call:
V onhof
Kuykendall
Criego
Cramer
S tamson
Present
Present
Present
Present
Present
3. Approval of Minutes:
The Minutes from the September 27, 1999 Planning Commission meeting were approved
as presented.
4. Public Hearings:
Commissioner Stamson read the public hearing procedure statement.
-~
A. Case File #99-065 U.S. West Wireless Communications is requesting a
conditional use permit for co-locating a communication tower with the replacement
of an existing utility pole located within the Candy Cove right-of-way.
Planner Jenni Tovar presented the Planning Report dated October 11, 1999, on file in the
office of the City Planner.
The applicant is proposing to replace an existing utility pole (NSP) of approximately 27
feet in height with a new wood pole of 5212 feet in height. The current pole is located in
an easement on private property. The proposed pole will be located within the right-of-
way. This property is zoned R-l. Section 1110.600 of the City Code requires a
Conditional Use Permit for towers located with a light pole or power line support device.
Section 1110.500 requires a conditional use permit for towers exceeding 45 feet and
attached to existing structures.
Staff recommended continuation of this matter to allow the applicant time to submit
required documentation relating to co-location as required by Section 1110.1200.
Dave Fischer, representing U.S, West Wireless, 426 North Fairview Avenue, St. Paul,
clarified the existing pole is 35 feet and with the extension, the pole will be 48 1/2 feet.
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Planning Commission Minutes
October 11, 1999
The combined height with the antenna would be 52 1/2 feet plus the 2 foot lighting rod.
They would be adding 13 1/2 feet overall. Their objective is to provide coverage to
Highway 13 and the surrounding area. Fischer explained the Joint Use Agreement with
NSP. He also said they could not co-locate on any of the existing structures. U.S. West
felt this location made better business sense.
Comments from the Commissioners:
KUYkendall:.;}:,:;;:>,
· Questioned the cross-arms sections for NSP. Fischer explain;tst!~He'U~nM!:c system
allowing antennas to be more compact and aesthetically pleasil.t'g. Tovii~!!P9i..nted out
the NSP lines on the map':'(;i:-;i. ~:!~;::i::::,';:::{!!i!i!!!i!}:::::..
· Questioned the utility box. Fischer said it would be PR4:~te(rHg{ge and blen(f\\~:Qht8~'
envirornnent. ... --=::.:,;.:.:.:.;:.'
· Concern for maintenance.
Comments from the public:
Les Sonnabend, Superintendent for the PU;~,r;:;B:*e Schools, st~t'g~!!i~h@i$ite is right above
the schools tennis court. The School Distq,A:r:m~!@te~~wthe site a~:g::lg" concerned with
mowing around the utility box. Sonnaben&i@f.lid h{<:~ta!l9::::%PE!$#ig with Mr. Fischer 6 to
8 months ago. U.S. West set up a testing 102'~:},~?:WJiJf oiiK"(~:K!:t}M school's poles last
spring. Sonnabend has not 9,:nrr@!i:!Bpl Fische$i::pfU.S. W.eSfuntil he received the City's
notice. The School DistqpF.::Has"il1f.,lii,:qy entere&!lp.to a contract with another company to
use an electric pole abgyS'lhe footbgtr= field. Thdi1R:i.:~;trict did not want to add more poles
to the envirornnent.::::;:*#:~-Y.. never qf.gotiated with.:~;:gbher on a cost, but did ascertain after
4 or 5 attempts the:she':Wfg~:::f-PPfgpmgt.@i{Jg?$:i::Mfe~t could choose any of the 6 existing
poles which would make B~rr~e:sites aiia-:'}Jf8Vtde coverage without adding another pole.
;~::ll~:,M~~5~~~~s ordinances or concerns, however the School
Sooo~pend went on to e*iPI~in the::t)istrict has a fenced in area that another company is
uMhgi:!i!}{l~ said there is pii.Bty of opportunities but it would cost U.S. West some money,
the DismBLwouldn't be ftee.
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KUYkendal;.L~~ fee. Sonnabend said there is no specific price.
check around ariqiii~Ee what other locations charge.
They would
Fischer responded to Sonnabend's comments that U.S, West would not be adding another
pole. U.S, West is trying to provide coverage to the area in a timely manner. To go
through and negotiate a contract with some other than who they have a contract with
would be a de~y and wouldn't make business sense.
Commissioner Stamson closed the public hearing.
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Planning Commission Minutes
October / /. 1999
Comments from the Commissioners:
Vonhof:
. Questioned Fischer on the location ofthe pole in the right-of-way line. Fischer said
he believed it was approximately 8 feet.
. Questioned if the box was within that area. Tovar pointed out the site on the survey
being 5.1 feet. There is no easement but it is in the City right-of-way. .-:))::::\:::m:::=:::::::.,
. Questioned the alternative sites and asked ifthere are any engineeri:qg::EhiillMfges
usi~g th~ High School site. Fischer responded there were no ot~rtt~~~$~. and no
engmeenng problems. ..': ':\{:l\:\::::::t::::::.
.,
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Kuykendall: ..::.::::::::::::::::::::::::::::::.:.:::::::-: ..........
. Felt it was not unreasonable. The pole is existing, it is ~estheti6ally pleasing>)l'b,e '...':-
pole has to meet NSP's needs. ..:::::::::',,'...' ..::'
. ~:t;;~ is not in the bnsiness of trying to crea<j7t'~~ ~~ public entitY to
. Supported the request. ...
.
. . .. . . . . . . . , .
..... '.. .......... ....
S tams on : ":':':':':':':':':'hh"':':':':"
. Agreed with Kuykendall. There is al;~I~~:::Ii:~~*tm~ pole. h:<::::::::::::::.:h'
. It meets the current use. It is a little bit it1.Jer. . .h.'h:
. Supported the application. .....,.:"..'h ,.......... h.
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Criego: .....h' . h. .\)::..
. Questioned Fisc~:rtl:p'h his intel}~f6ns with the::i~gh School 6 or 8 months ago,
. ~~~~t~~::: :ee~:"~Mia~~~~~~:Ia~~~'e~e~~e~~t know an
· ~l~~i~~5i!~~~i~~gu~:I:~: ~s~;;~~:~~~tO~I~ ~~~ ~30;.~~e
qrili~r; ...
. Qli~$!~9red Fischer og::his initial intent and the referenced the statute in his letter to
staf{<J(i~Bher respq~~ed their intent is to allow telecommunication usage in the right-
of-way.::~~l\\~~\j~~:\vas adopted in 1998.
Open DiscussicrP:"
Criego:
. Do not create a pole much higher than the standard.
. The School has lights, why not utilize the School's facility rather than creating
another pole system higher than NSP's? The School could come to some agreement
with the applicant regarding cost.
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Planning Commission Minutes
October 11, 1999
Stamson:
. Agreed. The ideal situation would be for U.S. West to put it on the light post at the
. High School. It would be revenue for the School and it would not be added height to
any pole. The proposal is not unreasonable. They are adding 13 feet to an existing
pole, which is probably the shortest pole in the area. It is not in a residential area.
This pole is not going to stand out in the area as being unusual.
V onh of:.::::::::::::::)::::::::::::::::::::)?
. Concurred with Criego. The City would prefer to see less tower~:::g*::Bpl1tiple uses.
. It would be more consistent to seek out alternatives.::::::::::::::;:?::::' "::<::::j:::::::jt:::::::,.
:\ttr ..::::t\\t::::..
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~ur;::s~i:l~~d the Telecommunication Act. Fischer fe1t.::~i1i~:!:::~:f:~~~~e 337 pe~~~~jIIY.lxitj::.
usage in the right-of-way. Fischer also said they 9:BgInally.Y(::tnt to the City an.9i:j[atH
not feel a Conditional Use was necessary. TheY:4m~:::~ping thf9B~h the process'Yo
appease every~ne. None of the other utilities g-6 tmolmL,a.:::wuP:::ptocess and are
allowed the heIght. ,.::::t::::::j:j:j:::j::;::.,.
. Tovar said utilities are permitted in thc,}1ght-of-way. The::4rmpance is very specific
:~~::U:~~~::e:~;r:~~~~~gs\._~~~~~~fp~~:~s and
expedlte .... ...................
:ra:::roposed site is Ae. y."'~I'
Questioned who had ~H}hbrity for tl:jidecision, S~~t~::~)f local government. A brief
discussion on utility::pqt1~::::;~~::::~:~:_II:j:~j:::~~:j;:tj~:~:19r:::1~,ye read the ordinance.
MOTION BY KUYKENI5~&~ SECONlfBY CRAMER, RECOMMENDING CITY
~g~~~01~ft~~'i::::~:~ n~.:~;:~:?NAL USE PERMIT WITH STAFF'S THREE
. " ..:.:.:.:.:.' \~~~~~~~~~tt:;. .~t~~~~::::..
":':';':':':':':'. .........
V.9t~::l~~en indicated ayJ~i::!y Kuykendall, Cramer, Criego, Stamson. Nay by Vonhof.
:~l go before the City Council on November 1, 1999.
B. Case Fi1.~::1l~9-066 U.S. West Wireless Communications is requesting a
conditional use:::permit for the construction of a free standing monopole
communication tower located in the right-of-way.
Plann~enni Tovar presented th~'-.~lanning Report dated October 11, 1999, on file in the
office ofthe~y Planner. '-.'"
The applicant is)r posing to construct'~fre~standing 8l-foot tall monopol(;: within the
County right-of-way, This property is zoned 'A-...(Agricuitural) and SD (Shor~land
District). Section 1110. 0 of the City Code req'Ui:t:.~ a Conditional Use Permiffo~,
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