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Criteria #2 The use will not be detrimental to the health,safety,or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity. Criteria#3 The use will provide a service or a facility, which is in the interest of public convenience and will contribute to the general welfare. Criteria#4 The City Council has specified all conditions, which the Council deems necessary to make the use compatible with other uses in the area. An application for the CUP was made on forms provided by Staff to Mr. Gay, a T-Mobile representative working with Mr. Kruchten. The application was signed and dated and the fee in the amount as specified in Chapter 33 of the City Code was attached to the competed application. The public hearing notice for the July Planning Commission meeting was published in the City's legal newspaper and notices were mailed to property owners adjacent to the property,according to Sections 30.45 through 30.48. The application is scheduled for the July 28,2009 City Council meeting for consideration. The CUP application be reviewed and considered with the following items also in mind: A. Generally. Unless it is a permitted use in accordance with §90.05, a tower or WRF shall be permitted only if a conditional use permit(CUP) has been issued for that use by the City Council. The following provisions shall govern the issuance of a CUP for towers or WFTs by the City Council. 1. In granting a CUP, the City Council may impose conditions to the extent necessary to minimize any adverse effect of the proposed tower or WTF on adjoining properties. 2. Any information of an engineering nature that the applicant submits,whether civil, mechanical,or electrical,shall be certified by a licensed professional engineer. B. Towers &Wireless Telecommunication Towers. 1. A scaled site plan clearly indicating the location, type, and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines,elevation drawings of the proposed tower and any other structures, topography,parking, and any other information deemed by the City Staff to be necessary to access compliance with Section§90.04. 2. The legal description of the subject property on which the proposed tower is to be constructed. 3. The setback distance between the proposed tower and the nearest residential property. 4. The separation distance from other towers and the type of construction for the existing towers and the identity of the owners/operators of the existing towers. 5. Landscape plan showing specific landscape materials. 6. Method of fencing,finished color, and if applicable, the method of camouflage. 7. A statement of compliance with all applicable Federal, State or local laws. 07212009 CUP T-Mobile 2601 Kenzie Public Hearing.doc