05/09/2001 P&Z Minutes - Laserfiche WebLink

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• • • Planning & Zoning Board May 9, 2001 Page 10 Staff presented the application by explaining the applicant, Pinnacle Towers, Inc., submitted an application requesting a zoning amendment, rezoning, and a conditional use permit to allow the construction of a 530 -foot tower on the property located at 870 Birch Street. The site is currently zoned R -1, Single Family Residential District and has a conditional use permit to allow an existing 500 -foot tower. Should the City approve these requests, the applicant must still request and receive approval of a detailed site plan and conditional use permit in conformance with all applicable performance standards prior to actual construction of the tower. Staff noted the existing 500 -foot tower was granted a special use permit in 1973. The City amended that permit in 1993 to allow a new building on this site. In 1997, the City adopted a new Zoning Ordinance. The following year, the City amended the Code with Ordinance 01 -98, which allowed towers up to 200 feet as a conditional use in the Rural and Industrial Zoning Districts. The end result of these changes is that the existing tower is allowed to continue in its present form as a legal non - conforming use. Staff advised there are several reasons why this site is an appropriate use for both the existing and proposed tower. First, the site's size and location make it relatively isolated. Second, this relatively isolated location helps make a tower use on this site compatible with the surrounding uses. In general, tower uses have a low impact on surrounding uses because they don't have the operational issues associated with other commercial or industrial uses. Finally, according to the applicant's survey, approximately two - thirds of the site is covered with a wooded wetland. It is reasonable to assume that allowing this use to continue will protect and retain the wooded wetland area as open space. Staff presented its analysis of the applicant's request to allow them to replace the existing 500 -foot tower with a new 530 -foot tower request as contained in the staff report. Staff reviewed the five factors, according to Section 2, Subdivision 1 of the City Code, that the Planning Commission and City Council shall weigh when considering zoning amendments or rezoning requests. These factor and staff's findings for each are as follows: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the City's official Comprehensive Plan. Finding: Both the zoning text amendment and rezoning of this site from R, Rural to PSP, Public and Semi Public District are consistent with the policies of the City's Comprehensive Plan. Some of these policies are listed below: a. Avoid premature urban expansion into rural areas of the City. b. Develop a cohesive land use pattern that insures compatibility and functional relationships among activities. c. Prevent over - intensification of land use development, in other words, development which is not accompanied by a sufficient level of supportive services and facilities.