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PLANNING COMMISSION REPORT Regular Agenda Public Hearing Item: |
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PC
Staff Report |
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ITEM NO. 7: USE
PERMITTED UPON |
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UPR-04-06-06: Use Permitted Upon Review request for a 150 monopole cellular tower
and equipment shelter, located at |
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STAFF
RECOMMENDATION: 1. Execution of a site plan performance
agreement. 2. Provision of a revised site plan to correct
the street name from |
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Applicants
Reason for Request: |
Enhancement of existing service to T-Mobile customers
along I-70 and north central portion of |
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KEY POINTS ·
Proposed
request is for construction of a new communication tower within KTA
right-of-way. ·
Property
is outside of area Historic Resources Review. |
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GOLDEN FACTORS TO CONSIDER ZONING AND USES OF
PROPERTY NEARBY ·
Mixed
commercial and residential uses. ·
Highway
right-of-way is zoned RS-1 (Single-Family Residence) District interchange
area includes staging for maintenance supplies, gravel, sand/salt storage,
etc. CHARACTER OF THE
AREA ·
Existing
maintenance area and interchange for Kansas Turnpike Authority |
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ASSOCIATED
CASES/OTHER ACTION REQUIRED ·
Property
is part of KTA & N. Iowa Street interchange. Area includes storage for
roadway maintenance. |
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PUBLIC COMMENT
RECEIVED PRIOR TO PRINTING ·
No comment on this item at this time. |
GENERAL INFORMATION |
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Current Zoning and Land Use: |
RS-1 (Single-Family Residence) District,
existing highway right-of-way and material storage area. |
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Surrounding Zoning and Land Use: |
M-2 (General Industrial) District and PRD-2
(Planned Residential District) to the south, undeveloped industrial area and
developed residential area Wood Creek Townhouses. RS-1 (Single-Family Residence) District and
A (Agricultural) District to the east; existing residential properties and
unincorporated KTA right-of-way. RS-1 (Single-Family Residence) District and
PRD-2 (Planned Residential District) to the north; existing KTA right-of-way
and interchange and existing residential use. RS-1 (Single-Family Residence) District and
M-1 (Research Industrial) District to the west; existing KTA right-of-way and
Hall |
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Reason for Request: |
Improved coverage for customers |
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Site
Summary |
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Parent Parcel |
15.5 acres [Lawrence Maintenance Yard, per KTA] |
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Proposed Tower |
150 tower |
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Equipment Cabinet |
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Previous Review: |
None. The subject property is
part of the interstate highway system and is approximately 15.5 acres outside
of the portion that is actual road-way and shoulder area. The location is
defined as the Lawrence Maintenance Yard, that being an area just east of the
West Lawrence Interchange, Plaza 202. KTA has operated from this site location since the turnpike was
built in 1955. |
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I. ZONING AND USES OF
PROPERTY NEARBY
Staff Finding
The
subject is zoned for single-family residential use but is public right-of-way. Zoning
does not reflect land use as such. The new code conversion will carry forward
to the RS10 district.
II. CHARACTER
OF THE AREA
Staff Finding
The
subject property is located within the boundaries of the KTA public
right-of-way between
III. SUITABILITY
OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The property is zoned residentially and requires a special permit. Approval of a Use Permitted upon Review will
not alter the base zoning.
Staff Finding
- There is no proposed
change to the existing zoning designation. The approximately 15 acres is
currently used as a storage yard by the Kansas Turnpike Authority. The proposed
request is for the construction of a 150 tower within the storage yard area of
the right-of-way owned by KTA. The
specific location of the tower is in the southwest portion of the site.
IV. LENGTH
OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff
Finding The subject property is
used for highway purposes including roadway and material storage. KTA has
operated from this site location since the turnpike was built in 1955. The
The general area was outside of the city limits in
1966 when the City adopted zoning. A record of annexation of the area was not
located. The proposed tower will not be a manned facility.
V. EXTENT
TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding
Approval of a Use Permitted
upon Review does not alter the existing zoning district. The general area of the proposed tower site
is similar to an industrial area with exterior storage. The western side of the
site near
VI. RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE
DESTRUCTION OF THE VALUE OF THE PETITIONERS PROPERTY AS COMPARED TO THE HARDSHIP
IMPOSED UPON THE INDIVIDUAL LANDOWNERS
Staff Finding
Evaluation of the relative
gain weighs the benefits to the community-at-large vs. the benefit of the
owners of the subject property. Benefits
are measured based on anticipated impacts of the request on the public's
health, safety and welfare. The proposed use would improve service delivery to
existing T-Mobile customers. The
proposed site includes additional space for other carriers that could be
co-located on the same structure in the future, thus reducing the need for
additional towers in the same location.
There are no apparent detriments to the public health, safety, and
welfare by the proposed request.
VII. CONFORMANCE
WITH THE COMPREHENSIVE PLAN
The Public Utility Strategies section
provided in Horizon 2020 addresses utility needs in the community. These
strategies are geared toward essential utilities, such as sewer and water, as
well as electrical and telephone services that serve day-to-day needs. Horizon 2020 states:
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Plans should emphasize utility improvements and extensions that
provide the highest level of service within existing service areas,
particularly public water and wastewater treatment and collection.
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The visual appearance of utility improvements will be addressed to
ensure compatibility with existing and planned land use areas.
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Wherever possible, the location of new major utility corridors
should be preplanned to ensure land use compatibility and minimal disruption to
existing development areas.
The
Plan states that utilities need to be located and extended in a planned manner
that is sensitive to public concerns. It is not feasible for all utilities to
be located underground. The Plan speaks directly to electric transmission lines
regarding the strong visual presence of some utilities, but the need to
minimize the environmental and aesthetic impacts are relevant to this
application as well.
Staff
Finding Horizon 2020 does not directly address
the issue of special uses. The plan provides basic guidance regarding major
infrastructure improvements and urges that such uses be carefully planned and
provided. The provision of such services
should be focused in existing service areas to address growth. Additionally,
placement and visual appearance are a key consideration in creating
compatibility.
STAFF REVIEW
The
proposed request represents a request for a new communication tower in the
north central part of
The
tower enclosure area is located in the southwest portion of the site and is a
60 by 60 area enclosed by a 6 fence with barbed wire strands to prevent
unauthorized access. Improvements
include construction of a 12 wide paved driveway and a 20 by 60 parking area
south of the existing asphalt service road from
Co-location of Communication Equipment
Justification-Section 20-14B03
(a) states: A proposal for a new
communications tower shall not be approved unless the applicant can document
that the telecommunications equipment planned for the proposed tower cannot be
accommodated on an existing or approved tower or other structure. The
applicant has provided required documentation to support the request regarding
coverage for the area.
Co-location related to new towers- Current zoning
requirements specify that tower structures must accommodate a minimum of three
providers (Section 20-14B03 (b)).
The proposed site plan indicated that in addition to the T-Mobile equipment,
space is available for three additional carriers providing a total of four
spaces on the proposed tower for communication equipment.
Setback and Height- Section 20-14B04 (a) and (d) require tower
structures to be setback from the property line a distance equal to that of the
height of the tower. The proposed tower height is 150. Measurement of setback
for the tower is difficult because the property lines are incorporated into the
total right-of-way for the highway. The nearest property lines include the east
and south lines and are estimated to be over 1250 from what would be the east
property line (west side of
Zoning Preference- The Zoning Regulations state the preferable
zoning district for tower construction is commercial or industrial (Section 20-14B04
(e)). As noted in the body of the staff report, the zoning does not reflect the
land use as a material storage yard for the Kansas Turnpike Authority.
Permission The applicant has provided staff with
necessary documentation to assure that the property owner of record is party to
this application.
Tower Design The proposed tower is designed to
accommodate multiple carriers. Adequate room is available for enclosure
expansion, if needed, subject to agreement by the Turnpike Authority.
Lighting Ground-mounted lighting would be subject to approval and should be
detailed on the site plan. The proposed equipment at the base of the tower is a
generator and is not anticipated to be lighted. Any changes in this element
would be subject to staff approval.
Site Plan The site plan provides documentation about the location of the
improvements planned. Adequate separation of the tower and other structures is
provided.