HomeMy WebLinkAboutCC RES 09-064 RESOLUTION TO APPROVE THE REQUEST FOR CONDITIONAL USE PERMIT (CUP) FOR WIRELESS TELECOMMUNICATIONS ANTENNAAS AS DEPICTED IN THE DIAGRAM AND FACILITIES (WTF) AT 2601 KENZIE TERRACE Meeting Sheet
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103994
Box: 31
Folder: RES 2009
Document: CC RES 09-064 RESOLUTION TO APPROVE THE REQUEST
FOR CONDITIONAL USE PERMIT (CUP) FOR WIRELESS
TELECOMMUNICATIONS ANTENNAAS AS DEPICTED IN THE DIAGRAM
AND FACILITIES (WTF) AT 2601 KENZIE TERRACE
• CITY OF ST. ANTHONY VILLAGE
RESOLUTION 09-064
RESOLUTION TO APPROVE THE REQUEST FOR CONDITIONAL USE PERMIT (CUP) FOR
WIRELESS TELECOMMUNICATIONS ANTENNAS AS DEPICTED IN THE DIAGRAM AND
FACILITIES (WTF) AT 2601 KENZIE TERRACE.
WHEREAS, Representatives from T-Mobile submitted an application for a Conditional Use
Permit under City Code§90.05; and
WHEREAS, the City of St. Anthony Planning Commission held a Concept Review on April
21, 2009 to review T-Mobile's CUP request to install WTF and related equipment
on the roof of the Kenzington Condominiums at 2601 Kenzie Terrace;and
WHEREAS, a 60 Day Extension Notice advising of the need to waive the 60 Day Rule and
extend the timeline by an additional 60 days was sent on May 26, 2009 to Mr.
Joey Gay and to Mr.Jed Kruchten,both T-Mobile agents;and
WHEREAS, a public hearing was rescheduled and the Planning Commission conducted a
public hearing on July 21, 2009 on the proposed CUP;and
• WHEREAS, all required public notices regarding the public hearing were posted and sent as
required by State Statute; and
WHEREAS, the Planning Commission has recommended approval of the proposed CUP to
the City Council based upon testimony presented by the applicant, the
affirmative vote of the majority of the condominium association in favor of
installing the cell phone antennas;and no comments in opposition to the
proposed conditional use permit for the cell phone antennas at the conclusion of
the public hearing;and
WHEREAS, the Planning Commission has recommended approval based on additional
written and verbal testimony from the applicant and other interested persons;
and
WHEREAS, upon consideration of the application and supporting materials,Staff's report,
and all other information constituting the record of this application, the City
Council upon further deliberation,voted to approve the requested Conditional
Use Permit and directed the preparation of the Findings of Fact and this
resolution as a contemporaneous record of the Council's decision; and
THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony does hereby
adopt the following Findings of Fact related to the requested CUP:
•
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 adjustments to improve reception or service
will not require an amendment to the CUP.
•
• Criteria#5 The antennas will be placed as depicted in the diagram presented
to the City Council.
BE IT FURTHER RESOLVED by the City Council that the application to issue a Conditional
Use Permit to T-Mobile to install and locate roof top cell phone antennas and
related equipment at 2061 Kenzie Terrace is hereby approved and subject to the
above-referenced conditions.
Adopted this 28th day of July 2009.
Mayor
i
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
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