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STAFF REPORT To: Mayor and City Council From: Kim Moore -Sykes, Assistant City Manager Date: June 26, 2007 Subject: 2900 Pentagon Drive NE CUP Request Re nested Action: Conditional Use Permit for Monopole Cell Phone Tower Date Application Received: Received application April 23, 2007; no fees received and application is deemed incomplete until fees are received; advised applicant fees due May 15, 2007 for June Public Hearing. Sent letter May 23, 2007, Property Address: Zoning District: 60 -Day Expires: Waiver Letter Required: Future Action: 2900 Pentagon Drive NE Commercial Incomplete Application. NIA Yes Date Sent; Public bearing, June 19, 2007 IR7 Background: Mr. Christopher Traiser of Midwest Real Estate Services, Inc., subcontractor for T -Mobile Cell Phone Company, contacted Staff to determine the City's requirements in order to install a monopole cell phone tower at 2900 Pentagon Drive NE, St. Anthony Shopping Center. Mr. Traiser submitted a site plan for the placement of the monopole cell phone tower and has also contacted Mr. Al Esther for his approval regarding its installation at the Shopping Center. On April 23, 2007, Mr. Traiser submitted an application for a conditional use permit to install the cell phone monopole antenna but because no fees were included, the application has been deemed incomplete. Staff advised Mr. Traiser of this oversight and he responded that he would have T -Mobile send a check. Staff faxed and mailed via US Post information to Mr. Traiser regarding the submittal of a Conditional Use Permit application, the approval process and timelines. Factors to be considered in determining whether or not to recommend approval of this CUP application include: Criteria #I The use is one of the Conditional Uses specifically listed for the district in which the property is located and is not in conflict with the Comprehensive Plan. The City's Zoning Ordinance permits the location of a monopole antenna in the Commercial District with a Conditional Use Permit (1680.06) and outlines the various requirements and regulations for the installation of a monopole cell phone tower and supporting equipment in Section 1680. This proposed antenna is to be sited in the commercial area of the St. Anthony Shopping Center, which is an allowable siting as determined by staff's review of the City Code. Criteria 42 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. The City Code regulates the height of the proposed tower; the proximity of the tower to any residential structures and/or residential district boundaries; the nature of uses on adjacent properties; surrounding topography; the design of the proposed tower, with particular attention to the design characteristics that may have an effect of FAStaff Repo rts120071061907 council SR Monopole cell phone tower 2900 Pentagon.doc