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RESOLUTION NO. 10-012 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON MAKING FINDINGS OF FACT AND APPROVING A SPECIAL USE PERMIT. AS, an application has been made by Rob Viera on behalf of Clearwire Communications to construction of three panel antennas and three microwave dishes at a height of 100' at the later tower located at 660 50' Street SW, and IRE AS, the procedural history of the application is as follows: 1. i W application for a Special Use Permit was received on October 2, 2009. 2. a Planning Commission, pursuant to published and mailed notices, held a public hearing n October 20, 2009 and all present were given a chance to freely speak at the hearing. 3. The Planning Commission recommended the City Council approve the request on October 0, 2009. 4.ntten notice was provided to the applicant on November 17, 2009 of the city's intent to e an additiona160 days to review the request. 5. e City Council considered the request on January 26, 2010. THE EAs, the Planning Commission and City Council makes the following Findings of Fact with res t to the Special Use Permit (SP2009-006): 1. be property is zoned I-1, Light Industrial 2. a property is guided in the Comprehensive Plan for Business Park. 3. a applicant has proposed to construct three panel antennas and three microwave dishes at a eight of 100' at the City water tower. 4. Pe proposal also includes installation of ground equipment within the water tower structure. 5. ection 4-600 (2 & 4) provides for several performance related standards that all wireless lecommunication facilities must meet. 6. Fbe Planning Commission and City Council determined the criteria of Section 4-600 (2 & 4) e met. 7. a Planning Commission and City Council reviewed the proposal in accordance with the following additional Special Use Permit standards of Zoning Code Section 8-130: That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.