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~ "..( ... ... RESOLUTION No. 00-046 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL OF SPOO-7. WHEREAS, an application for a special use permit has been made by US West Communications to take down an existing 4 I-foot tall emergency siren pole and construct a new 60-foot pole to house both the emergency siren and three digital wireless telephone antenna/panels. At the bottom of the pole, WS West is proposing to construct three 5-foot tall cabinets to house equipment. The subject property is located at 2400 Mississippi Street, which is the Creekview Park site and also houses City Well #12; and WHEREAS, the procedural history of the application is as follows: I. An application for a special use permit was filed with the City of New Brighton on April 28, 2000. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on May 16, 2000, and all persons present at the hearing were given an opportunity to be heard. The Planning Commission unanimously recommended approval (Vote: 6-0). 3. The City Council considered the request at its May 23,2000 meeting; and Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SPOO- 7: 1. The subject site is zoned R-I, Single Family Residential. 2. As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall be recommended by the Planning Commission unless such shall find: 1. That the establishment, maintenance, or operations ofthe special use will not be detrimental to or endanger the public health, safety, morals, comfort of general public. 2. 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. 3. That the establishment ofthe special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. 4. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. 5. That the special use shall, in all other respects, conform to the applicable regulations ofthe district in which it located. 3. The proposed uses have been found to meet the above criteria. 4. The proposed pole and ground equipment will comply with the R-l, district setbacks and standards, and be adequately screened from adjacent properties and public right-of-way. 5. The establishment, maintenance, or operations of the proposed antenna system and equipment building will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. 6. The establishment of the antenna system and ground equipment will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. 7. The telecommunications act of 1996 restricts cities from prohibiting the placement of cellular antennas within the City limits if the proposal complies with land use regulations; and 1;I$HAREDICOUNCILIResolulions\2OOO\cd1spOO-7, wpd