5.1. PCSR 11-26-2019 - Laserfiche WebLink

Home Browse Search

Applicable Regulations In order to approve the IUP, the following standards from Sec. 30-658 must be satisfied: (1) The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent properties. Construction/placement of the tower is temporary in nature and the site will be returned to its original condition once the use has ceased. The city will also include a provision in the lease agreement requiring removal of the tower if an interested party purchases the city-owned parcel for development within the Business Park. (2) There is adequate assurance that the property will be left in suitable condition after the use is terminated. The site will be repaired upon removal of the structure and remain in a suitable condition for future sale and development. (3) The use is similar to uses allowed in the zoning district in which the property is located. The zoning district allows light industrial uses and antennas are allowed in all districts subject to establishment of an Antenna Overlay District. Staff does not feel establishment of the overlay district is necessary for the temporary nature of the use, but telecommunication towers would otherwise be allowed on this site. (4) The date or event that will terminate the use can be identified with certainty. The site will be used until Buell Consulting and Verizon Wireless can establish a permanent location on an existing tower. The applicant has requested authorization of up to 2 years, and the lease agreement required for locating at the site will place certain limits as to the use of city- owned property. (5) Authorizing the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. The use will not impose additional costs on the public as the applicant is required to lease the facility from the city and return the site to its original condition. (6) The applicant and user agree to all conditions that the city council deems appropriate for authorization of the interim use. This will be discussed during the public hearing. (7) The applicant provides assurances deemed adequate by the city council that the use will terminate as provided in the interim use permit. The city council may require the applicant to deposit a cash amount with the city, or provide some other form of security, to ensure compliance with this criteria. Staff does not see a need to impose a cash escrow to ensure compliance with the IUP. However, the Planning Commission or City Council can discuss and impose such a condition if they see fit. (8) Authorization of the interim use will not result in adverse effects on the public health, safety, or welfare. The proposed use will not adversely impact public health, safety, or welfare. N:\\Departments\\Community Development\\Planning\\Agendas\\PC Packets\\2019\\11-26-2019\\5.1 sr Buell IUP.docx