CC PACKET 07282009 - Laserfiche WebLink

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Findings: Criteria #1 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. Finding #1 This use is not in conflict with the current Comprehensive Plan. The Comprehensive Plan designates this site as PUD Residential and according to the City's Zoning Code, Chapter IX, WIRELESS TELECOMMUICATION TOWERS, §90.06, Permitted Conditional Use Permits, states a tower or WTF shall be permitted only if a Conditional Use Permit (CUP) has been applied for, the applicant has complied with the requirements of this Subsection and those of Subsection 152.243, Conditional Use Permits; and approved by the City Council. 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. Finding #2 The applicant stated that T -Mobile is in compliance with all FCC requirements. Testimony from the Kenzington Condominium Association Board and residents affirmed that they had participated in the negotiations to bring the rooftop cell phone antennas to the Kenzington and held a vote among the residents that approved the negotiated contract. 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. Finding #3 The proposed siting and installation of the wireless telecommunications antenna and related equipment cabinets will provide the coverage needed and which is in the best interest of the 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. • Landscaping amendments at the discretion of the Association to screen equipment cabinets from the view of the residents and neighboring property. • Establish and maintain a six (6) foot clearance between the telecommunications equipment cabinet and the property line, where possible, to allow for the passage of T - Mobile repair/maintenance personnel, Kenzington maintenance personnel, and City Public Safety personnel. • T -Mobile will be required to notifij the City should any significant upgrades in technology be required or preferred to improve coverage. Significant upgrades will require an amendment to the CUP. Minor adjustinents to improve reception or service will not require an amendment to the CUP.