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June 22, 2005 Plan Commission Minutes Page 6 of 8 equipment area. The applicant shall submit designs for the wall to be approved by the Zoning Administrator prior to issuance of the building permit. Said wall shall not be sight-proof and may be constructed of chain link fencing if preferred to be so by the Police Department (for visual and safety purposes).” The Chairperson asked for comments from the members of the Public. Bruce Lucas, 7414 Carleton stated that he was opposed to the application and suggested that an environmental impact study be performed. No other members of the public wished to speak and the Public Hearing was closed. The Plan Commission determined that the evidence presented to the Plan Commission does support the conclusion that the proposed conditional use or amendment thereto: a) Complies with all applicable provisions of the University City Zoning Code; b) At the specific location will contribute to and promote the community welfare or convenience; c) Will not cause substantial injury to the value of neighboring property; d) Is consistent with the Comprehensive Plan, neighborhood development plan (if applicable), and any other official planning and development policies of the City; and e) Will provide off-street parking and loading areas in accordance with the standards contained in Article 7 of the University City Zoning Code. The Commission further determined that existing towers are not located within the geographic area necessary to meet the applicant’s engineering requirements; since no other towers exist within the required area it is irrelevant whether or not existing towers, structures or buildings within the applicant’s required geographic area are of sufficient height to meet system engineering requirements; since no other towers exist within the required area it is irrelevant whether or not existing towers or structures have sufficient structural strength to support the applicant’s proposed telecommunications antennas; the proposed telecommunications antennas would not experience or would not cause signal interference with telecommunications antennas on existing towers or structures; since no other towers exist within the required area it is irrelevant whether or not the fees, costs, or other contractual terms required by the owner(s) of existing tower(s), structure(s), or building(s) within the required geographic area of the applicant or to retrofit the existing tower(s) or structure(s) are reasonable; since no other towers exist within the required area it is irrelevant whether or not there are other limiting conditions that render existing towers, structures or buildings within the applicant’s required geographic area unsuitable; the design of the tower or structure, including the telecommunications antennas, shelter, and ground layout maximally reduces visual degradation and otherwise complies with the provisions and intent of the Zoning Code; the proposal minimizes the number and size of the towers or structures that will be required in the geographic area surrounding the proposed site; and that the applicant did not fail to take advantage of available shared use options provided by the Zoning Code or otherwise. Mr. Kreishaman moved that the Plan Commission recommend approval of the Conditional Use Permit with the following conditions: 1.The applicants shall provide sufficient information in the building permit application that shows that the antenna pole (light standard) has sufficient structural strength to support itself and the proposed equipment. The pole shall also be designed to collapse upon itself during a failure so as to prevent endangering surrounding uses and property. 2.The proposed telecommunications antennas shall not cause signal interference with telecommunications antennas on existing towers or structures. K:\WPOFFICE\WPDATA\m-6-22-2005.plc.final.wpd