No. 01UR042 - Section 23, T1N, R7E
A request by M & K Consulting for Western Wireless Corp. to consider an
application for a Use on Review to allow Communication Tower in Public
District on a parcel of land located in Tract "A" of Tract 1 of
the W1/2 SW1/4 of Section 23, T.1N., R.7E., B.H.M., Pennington County, South
Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register
of Deeds); More particularly described as: Commencing at the Northwest Corner of
Tract "A", which bears N0º01’49"W a distance of 1516.46 feet
from the Southwest Corner of Section 23, T.1N., R.7E., B.H.M., being the POINT
OF BEGINNING; Thence S89º59’13"E along the north boundary of said Tract
"A" a distance of 527.28 feet; Thence S07º18’58"W a distance
of 460.40 feet to the proposed centerline of Tish Drive, Thence N82º32’54"W
along said centerline a distance of 9.91 feet to the beginning of a curve
concave to the Southwest having a radius of 150.00 feet and a central angle of
54º38’42"; Thence along said centerline and along said curve an arc
distance of 143.06 feet; Thence along said centerline S42º48’28"W a
distance of 483.98 feet to a point on the west section line of Section 23 and
the west boundary of said Tract "A"; thence N0º01’49"W along
said section line and along the west boundary of Tract "A" a distance
of 857.37 feet to the point of beginning. Containing 6.90 Acres more or less,
more generally described as being located north of Golden Eagle Drive and
adjacent to old Marine Life.
PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommends that the Use on Review to allow a Communication
Tower in the Public Zoning District be approved with the following stipulations:
Engineering Division Recommendations:
Prior to issuance of a Building Permit, a detailed geotechnical study shall be submitted for review and approval;
Building Inspection Division Recommendations:
A Building Permit shall be obtained prior to any construction;
Prior to issuance of a Building Permit, three sets of Architectural/Engineer stamped plans shall be provided for review and approval;
A Certificate of Completion shall be obtained prior to any use of the tower;
Urban Planning Division Recommendations:
The tower shall be designed to allow for the co-location of a minimum of two additional antennas (for a total of three antennae) except where the additional antennas would interfere or impact the applicant’s proposed antenna(s);
The tower shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority and that red strobe lighting will be utilized if lighting is required;
The tower shall remain unpainted allowing the galvanized steel color to show or painted white unless alternative colors are required by the Federal Aviation Administration or other federal or state authority;
Prior to issuance of a Building Permit, the section line highway right-of-way shall be vacated or the applicant shall obtain a variance to allow structures within the required side yard setback;
No commercial advertising signage shall be allowed on the tower;
That all requirements of the Off-Street Parking Ordinance shall be continually met; and,
The Use on Review shall expire if the use is not undertaken and completed within two years of the date of approval by the City Council or if the use as approved has ceased for a period of two years.
(6 to 1 with 1 abstaining)