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~ II I ! i,.' r" ,".- I i't. ~ RESOLUTION No. 99-116 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL OF SP-217. WHEREAS, an application for a special use permit has been made by Nextel Communications to install six digital wireless telephone antennas to an existing NSP tower and construct a small equipment i > building on the same site located at 2172 Old Highway 8 NW. WHEREAS, the procedural history of the application is as follows: 1. An application for a special use permit was filed with the City of New Brighton on October 27, 1999. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on November 16, 1999, and all persons present at the hearing were given an opportunity to be heard. 3. On November 23, 1999, the City Council considered the proposed special use permit. NOW THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP-217: 1. The subject site is zoned I~ 1, Light Industrial. 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: 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 general public. b. That the special use win 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. c. 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. d. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. e. That the special use shan, in all other respects, confonn to the applicable regulations of the district in which it located. 3. The proposed uses have been found to meet the above criteria. 4. The proposed equipment building would comply with the 1-1 district setback 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 win not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. 6. The establishment of the antenna system and equipment building 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 ifthe proposal complies with land use regulations. 1:\SHAREDlCOUNCILIRESOLUTI11999I99.CDlap-217.wpd