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3) The City Engineer provide comment and recommendation in regard to tower site <br />access issues and easement acceptability. <br />4) The proposed equipment building complies with acceptable building material <br />requirements. <br />5) No advertising messages are affixed to the antenna structure. <br />6) No outdoor storage is provided on site, excepting materials determined by the <br />City to be customary and incidental to the principal use. <br />7) Landscape plan is submitted for City Council review. Specific landscaping <br />varieties shall be subject to City approval. <br />8) Any other comments of City Staff. <br />Issues Analysis <br />Conditional Use Permit. According to Section 903.140.A. of the Zoning Ordinance, all <br />antennas and tower shall only be allowed in the I -P district by conditional use permit. <br />As mentioned previously, the proposed 150 foot support structure and cellular antenna <br />exceed the maximum 40 foot height imposed in the applicable I -P Zoning District. <br />In consideration of conditional use permit requests, Section 921 of the Zoning <br />Ordinance directs the Planning Commission and City Council to consider the proposed <br />conditional use. Their judgment shall be based upon, but not limited to, the following <br />factors: <br />1) The applicant shall demonstrate by clear and convincing evidence that the <br />proposed action has been considered in relation to the specific policies and <br />provisions of and has been found to be consistent with the official City <br />Comprehensive Land Use Plan. <br />2) The applicant shall demonstrate by clear and convincing evidence that the <br />proposed site is or will be compatible with present and future land uses of the <br />area. <br />3) The applicant shall demonstrate by clear and convincing evidence that the <br />proposed use conforms with all performance standards contained herein. <br />4) The applicant shall demonstrate by clear and convincing evidence that the <br />proposed use will not tend to or actually depreciate the aggregate property <br />values in the area in which the amendment or conditional use is proposed. <br />5) The applicant shall demonstrate by clear and convincing evidence that the <br />proposed use can be accommodated with existing public services and will not <br />overburden the City's capacity. <br />2 <br />