5.2.A. & 5.2.B. SR 05-17-2010 - Laserfiche WebLink

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Case File: CU 10-10 ZC 10-04 Page 3 Sprint Cell tower Sportsman Club The ground mounted equipment will not be located within a structure, as required by City Code section 30-1837 h (1) and (2). However, these units will not be `~isible from any public streets or from adjacent property. Because of these issues, Staff supports a waiver of this requirement. Applicable Regulations Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. ik~ill not endanger, i~ jure or detrimentally affect the use and enjoyment of other proper y in the immediate vicisaity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. 2. 1~ill be consistent with the comprehensive plan. 3. mill not impede the normal and orderly development and improvement of surrounding vacantpropery. 4. mill be served adequately by and will not adversely affect essential public facilities and services including stsl?ets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or isate~ference with tra~c on adjacent and neighboring public thoroughfares. 5. Dill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons o~° property because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or vibrations. 6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. IVill fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license orpermit to establish and operate theproposed use in the city. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these standards. I~ery~on~nr In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directly and indirectly affected by the proposal, the conservation of prnper y values, the use to which the properly affected is being devoted at the time, and relevant provisions, if any, in the land use plan. In addition to the rezoning standard above, the Planning Commission and Council must consider the following criteria with reviewing a rezoning to AT: 30-9837 (b) Findings. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, andgeneral welfare, the city council finds these regulations necessary in order to: (9) Establish standards which. permit a reasonable and equitable opportunity for the establishment of wireless telecommunication service in the city. (2) Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements. S:\Communiry Development\Planning Main\Case Files\CUP\CU 10-10 Sprint\CU 10-10 Sprint PC staff report 5-11-10 to merge.doc