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TO: Mayor Richard C. Irvin
FROM: Richard J. Veenstra, Corporation Counsel
DATE: January 4, 2017
SUBJECT:
A Resolution adopting findings of fact in support of the City Council's action with respect to Item 17-00520, an Ordinance approving a special use permit to Scientel Solutions, LLC (Scientel) for a telecommunications facility (4211) use on the property located at 245 N Eola Rd being south of Diehl Road and east of Eola Road.
PURPOSE:
To establish a written, factual basis to support the decision of the City Council in the event it declines to grant Scientel a special use permit for a telecommunications facility (4211) use on its property located at 245 N Eola Rd.
BACKGROUND:
The petitioner, Scientel has requested a special use permit under the City's Communication and Data Transfer Ordinance (City Code Chapter 19, Article III) for the construction of 195' foot communications antenna as an accessory to its proposed headquarters building. The request includes a reduction in the required 500' separation from property zoned residential (though the nearest residential use is 1,221 from the proposed tower), a request for a reduction in separation requirements from nearby antennas, and a reduced facility setback.
Article III contains provisions governing the issuance of special use permits for communications facilities. Those provisions, as well as the provisions of the Zoning Ordinance with respect to special use permits, apply to Scientel's request. In addition to setting forth special requirements with respect to antennas, Article III expressly requires that "[a]ny decision rendered upon an application to locate, construct, or install a communications facility or for a special use for any such facility shall be written and shall include findings of fact supported by substantial evidence in a written record." (Sec. 19-77). The Planning Commission conducted a hearing on Scientel's request, made specific findings of fact and subsequently recommended appr...
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