Title
PUBLIC HEARING - Appl. #PL2017-037 - SPECIAL USE PERMIT for a telecommunication tower, 244 NW Executive Way; Selective Site Consultants, Inc., applicant
Body
Issue/Request:
Both a preliminary development plan and special use permit application were filed with the City in 2016 to locate a cell tower on property located at 244 NW Executive Way. The applications were considered by and subsequently denied by the City Council on July 14, 2016. Based upon that denial, the applicants, T-Mobile and Eco-Site, Inc., filed legal action in federal court challenging the denial of the application. The City and applicants negotiated a settlement that changed the conditions of the T-Mobile cell tower proposal as it relates to the following:
· Location of the tower within the proposed site area (new application proposes to locate the tower further west on the property)
· Reduction of the height of the tower (new application proposes to reduce the tower height from 95 feet to 75 feet overall height)
· Variation of the tower’s appearance (new application revises the tower from a monopole to a stealth monopole, meaning there are no exterior antenna mounts)
This application is for a new 75-foot stealth monopole telecommunication tower located at 244 NW Executive Way. The telecommunication tower will be enclosed within a 40’ x 50’ fenced area and will be accessed from NW Executive Way.
A preliminary development plan application (Appl. #PL2017-036) for the tower site layout has been submitted and is also on this agenda for consideration.
No time limitation for the special use permit is established as part of this approval due to §67.5094 R.S.Mo., Subpart 14. This statute lists “Prohibited Acts by Authority” which states: In order to ensure uniformity across the state of Missouri with respect to the consideration of every application, an authority shall not: Limit the duration of the approval of an application.
Proposed City Council Motion:
I move to direct Staff to p...
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