PC Minutes 6/28/06

ITEM NO. 7: USE PERMITTED UPON REVIEW FOR CELL TOWER & EQUIPMENT SHELTER; N. MCDONALD STREET & I-70 (SLD)

UPR-04-06-06: Use Permitted upon Review request for a 150’ monopole cellular tower and equipment shelter, located at N. McDonald Street and I-70. Submitted by Selective Site Consultants for T-Mobile Central LLC, applicant. Kansas Turnpike Authority is the property owner of record.

STAFF PRESENTATION

Ms. Day introduced the item, a request for a UPR to allow the erection of a cell tower monopole on south side of the Kansas Turnpike entrance. The Commission had seen a request for the same tower in a different location previously in 2006, but the applicant had worked with Staff to find an alternate location. In Staff’s opinion the new location was preferable, since it was further from the historic property and residential areas near the originally proposed location.

Ms. Day explained that the subject property was currently zoned RS-1 and did not have separate property description from the larger parcel of right-of-way. Staff had worked with KTA to establish a notification boundary.

APPLICANT PRESENTATION

Bob Herlihy spoke on behalf of the applicant, asking to correct information from the original application. The application requested a tower capable of accommodating four carriers – this was being amended to 3 carriers. Also, the new tower would not include a shelter at this time, but this may be a requested additional element in the future. It was verified that a new notice was not needed to consider these changes.

Mr. Herlihy noted that the new location was surrounded by large commercial and industrial uses, and well-hidden by existing vegetation. He said there were no co-location options within a mile of the proposed site.

PUBLIC HEARING

No member of the public spoke on this item.

COMMISSION DISCUSSION

There was discussion about a possible Code amendment to make all telecommunication towers Administrative Review issues. Ms. Stogsdill suggested the community, both urban and rural, would not support a blanket amendment that allowing no public hearing for towers of any height and design in any zoning district. Staff agreed to schedule a future mid-month study session on this topic.

ACTIONS TAKEN

Motioned by Eichhorn, seconded by Jennings to approve the Use Permitted upon Review for a telecommunications tower at N. McDonald Street and I-70 and forward it to the City Commission with a recommendation for approval, based upon the findings of fact presented in the body of the Staff Report and subject to the following conditions:

1. Execution of a site plan performance agreement; and

2. Provision of a revised site plan to correct the street name from “S. McDonald Drive” to “McDonald Drive” on Sheet 1 of 1 and Sheet A01.

Motion carried unanimously, 8-0.

Motioned by Burress, seconded by Harris to direct Staff to develop a recommendation for a text amendment making some telecommunication towers Administrative Review items.

Motion carried 7-0-1, with Eichhorn absent at the time of the vote.