Agenda - Council - 04/25/2000 - Laserfiche WebLink

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Mayor Gamec stated he would not support the application and believes the consensus is to deny the 180- foot tower height. Motion by Councilmember Anderson and seconded by Councilmember Zimmerman to adopt Findings of Fact ~ , as amended, to deny the request for a conditional use permit for a personal communication system tower at i7515 St. Francis Boulevard NW based on the findings of fact. Further discussion: Community Development Director Frolik advised of the amendments to findings of fact #4 to say 4 units in 40 acres; #14 to say access is not fi:om St. Francis Boulevard; #22 to reflect they are proposing to provide fencing and screening in accordance with City Code. Mayor Garnet noted they can still erect a 75 foot tower at this location with a revised application for a conditional use permit. Councilmember Hendriksen noted the Council authorized a 165 foot tower at 167th Avenue and asked about the Council's ability to deny this request. City Attorney Goodrich stated based on the fact it was allowed, if similar conditions exist on this site, it would be more difficult to deny. Community Development Director Frolik noted the tower site at 167th Avenue is on commercially zoned property so 165 feet is allowed and not an issue. This tower is on residential property with a 75 foot limit. City Attorney Goodrich stated these findings have been drafted in the negative so if they are adopted, it would be difficult to grant the permit based on these' findings. Motion carded. Voting Yes: Mayor Gm'nec, Couneilmembers Anderson, Zimmerman, Connolly, and Hendriksen. Voting No: None. Absent: None. Motion by Councilmember Anderson and seconded by Councilmember Zimmerman that based on the findings of fact to deny the application. Motion carried. Voting Yes: Mayor Gmnec, Councilmembers Anderson, Zimmerman, Connolly, and Hendriksen. Voting No: None. 'Absent: None. Case#3: Request for Exception from Development Moratorium; Case of TSM Development, Inc. Community Development Director Frolik stated that the City currently has a moratorium on the development of certain land use sensitive parcels. The purpose of the moratorium is to protect the planning process related to updating the Comprehensive Plan and provide the City with a sufficient mount of time to adopt official controls to implement the new Comprehensive Plan. TSM Development has interest in property located in the northeast quadrant of County Road #1 I6 and Ramsey Boulevard NW. The property is subject to the moratorium until February 16, 2001. The City received a written request from TSM Development and their legal representation to be excepted fi:om the moratorium to do a townhouse development. The City has established a policy to consider this type of request if the plan complies with the Compretensive Plan drafted thus far. In the Comprehensive Plan, a land use category has been assigned of urban rural transitional which limits three units per acre and the requested townhouse project proposes 14.5 City Council/April 11, 2000 Page 17 of 26