PC Packet 11-19-2013 - Laserfiche WebLink

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The applicant submitted for a Special Use Permit as required by Chapter 8 (see compliance with the standards of Section 8-130 below). B. Applications for special use permits must meet the standards of Section 4-600 (2), A- I. Staff provided an analysis of these criteria above and finds all have been met. C. Wireless telecommunication towers/antenna may be constructed to a height that exceeds the required setback up to 33%. As a condition of approval, the City must be provided with a licensed professional engineer's certification that the tower is designed to collapse or fail within a distance or zone shorter than the required setback distance as determined by the height of the structure or telecommunication tower. The required setback is specified in Section 4-600 (2), A-B. Because the tower is an existing water tower, this standard isn't applicable. For information's sake, the antenna will be constructed on top of the 88' tall tower and the tower setback is 95'from the south, 25'from the east, 90'from the north, and 100'from the westerly boundary. D. Certain telecommunication towers/antenna may be exempt from the setback requirement of Section 4-600 (2) and instead subject to a 10' setback by authorization of the City Council and when all of the following criteria are met: 1. The tower/antenna is erected on a parcel zoned I-1 or I-2. 2. The tower/antenna is located in a side or rear yard. 3. The reduced setback is measured only from the I-35W right-of-way. 4. The applicant submits a fall zone letter stating that tower is engineered to fall in a distance not impeding traffic on I-35W. This standard does not apply as a tower setback is not applicable being the antenna will be mounted on an existing City water tower. Staff finds all standards of Section 4-600 (4) to be met. Lastly, Section 8-130 of the Zoning Code states that no special use shall be recommended by the Planning Commission unless such shall find: a. That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort of the general public. Staff finds this criterion is met. While the tower is located within a residential district, the area has been established as a utility use for many years. Additionally, the topography of the water tower site is drastically higher than the surrounding homes making it less impactful to the neighbors. Lastly, so many antennas already exist at the top of the tower it will be difficult to even discern two additional antennas. b. 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.