PUBLIC HEARING ITEM:

PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item:

PC Staff Report

08/23/06

ITEM NO. 13: SPECIAL USE PERMIT FOR T-MOBILE; 3420 BOB BILLINGS PARKWAY (SLD)

SUP-07-02-06: Special Use Permit for a 140’ T-Mobile monopole cellular tower and equipment shelter. The property is located at 3420 Bob Billings Parkway. Submitted by Selective Site Consultants for T-Mobile Central LLC dba T-Mobile. Lawrence Hidden Valley Committee, Inc. is the property owner of record.

STAFF RECOMMENDATION: Planning Staff recommends approval of SUP-07-02-06, a Special Use Permit for the construction of a 140’ tower and placement of antenna and accessory structure and forwarding of 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 condition:

1. Execution of a site plan performance agreement.

2. Provision of a revised site plan providing:

a. The dimension of the tower from the property line;

b. The location and deed book and page reference for the utility easement;

c. A note to indicate that disturbed vegetation shall be replatted or new materials; planted to maintain a continuous screening per staff approval; and

d. Note material of extended access drive.

3. Facility shall be inspected annually at owner’s expense and inspection report shall be filed with Planning Director per section 20-529 (4).

4. Provision of a revised site plan to include the following notes:

a. No commercial advertising shall be allowed on a tower per 20-529 (2)(i);

b. Lighting for accessory buildings or structures shall be subject to staff approval prior to addition and shall be shielded and directed downward;

c. Structure shall be removed if facility is not in use for a period of three full years at the owner’s expense per section 20-529 (3)(i);

d. Facility owner shall submit a letter to the Planning Director by July 1 of each year listing the current users and types of antenna located on the facility;

e. Owner/operator shall at all times employ at least ordinary care and shall install, maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public per section 20-529 (3)(iv);

f. Provision of a fee “sufficient to cover the cost of an independent study and provision of a form authorizing the city to use those funds to hire consulting engineers to review the application and advise the city on the extent to which the applicant has or has not met the Burden of Proof, required by subsection 20-529 (7). (Such fee shall be established by the City Commission) per section 20-529 (6);

g. All telecommunication towers or telecommunications antennas shall conform to the requirements of the Occupational Safety and Health Administration (OSHA). 20-529 (9) (vii);

h. Mobile or immobile equipment not used in direct support of a Telecommunication Tower facility shall not be stored or parked on the site, unless repairs to the Telecommunications Tower or Telecommunications Antenna are being made. 20-529 (9) (xii);

i. Applicant shall provide the City Clerk a written indemnification of the City and proof of liability insurance sufficient to respond to claims up to $1,000,000 in the aggregate which may arise from operation of Telecommunications Facilities within the City , both subject to the approval of the Director of Legal Services prior to issuance of a building permit. 20-529 (13) (i); and

j. Applicant shall present a bond to the Director of Legal Services in the amount of $20,000 which shall be available for use by the City for the removal of the Telecommunications Facility should said Telecommunications Tower ever be abandoned. The bond shall contain the following endorsement: “It is hereby understood and agreed that this instrument may not be canceled nor any intension not to renew be exercised until 60 days after receipt by the City, by registered mail, of written notice of such intent.” Per section 20-529 (13) (ii).

Applicant’s Reason for Request:

Enhancement of existing service to T-Mobile customers.

KEY POINTS

· Proposed request is for construction of a new communication tower.

· Request is subject to new development code requirements.

GOLDEN FACTORS TO CONSIDER

ZONING AND USES OF PROPERTY NEARBY

· Residential uses in all directions, except to east/southeast where church and office uses are located.

CHARACTER OF THE AREA

· Multiple residential neighborhoods in all directions. Extensive open space areas in immediate proximity to subject property.

ASSOCIATED CASES/OTHER ACTION REQUIRED

· None.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

· No comment on this item at this time.

GENERAL INFORMATION
Current Zoning and Land Use:		RS10 (Single-Dwelling Residential) District. Existing Hidden Valley Girl Scout camp. Limited building structures and existing natural landscape.
Surrounding Zoning and Land Use:		RS10 (Single-Dwelling Residential) District along the west half of the north property line. Existing homes fronting Dad Perry Park. RM12 (Multi-Dwelling Residential) District along the east half of the north property line. Presbyterian Manner complex (elderly housing). RSO (Single-Dwelling Residential-Office) District to the east; existing Presbyterian Manner nursing home facility. RS10 and RM12 along the southeast corner; existing utility substation and church. RSO (Single-Dwelling Residential-Office) District and CN2 (Commercial) District along the south property line; existing commercial office uses. U-KU and PUD–[Alvamar] District to the south; existing office residential development. RS7 (Single-Dwelling Residential) District along the west property line; existing single-family homes.
Site Summary
Parent Parcel	37.88 acres 50’ by 50’ lease area in southeast corner of property west of entrance drive.
Proposed Tower	140’ tower
Structure Type	100’ metal “stealth pole” with four 10’ fiberglass canisters topping metal support structure (configured like flagpole with enclosed antenna)
Ground Equipment	Equipment cabinet, generator and propane tank for emergency service only. Interior pad space for up to three additional carriers. 12’ access drive and 6’ wood fence with landscaping

I. ZONING AND USES OF PROPERTY NEARBY

Staff Finding – The subject is zoned for single-family residential and is surrounded by a variety of residential development and housing types. The immediate intersection of Kasold and Bob Billings Parkway includes non-residential uses. The subject property is a private open space within the developed urban area.

II. CHARACTER OF THE AREA

Staff Finding –The subject property is located within the boundaries of Perry Park neighborhood and in proximity to the Sunset Hills and KU neighborhoods to the east and southeast. The surrounding area includes a mix of uses including non-residential uses along the east side and residential homes to the north, west and south. A variety of open space areas are also located to the north and southeast of the subject property.

III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

The property is zoned residentially and construction of a communication tower requires a special permit. Approval of a Special Use Permitted will not alter the base zoning.

Staff Finding - There is no proposed change to the existing zoning designation. The approximately 40 acres is currently used as a private recreational open space. The proposed request is for the construction of a 140’ tower within the southeast portion of the site.

IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

Staff Finding – The subject property is used for private recreational use by the Girl Scouts. The property is developed with minimum structures associated with the camp including: a garage type storage building near the entrance and other small shelter buildings throughout the open space area.

The general area was outside of the city limits in 1966 when the City adopted zoning. The proposed tower will not be a manned facility. The type of structure is intended to limit the appearance of equipment mounted on the exterior of the structure and pose the least impact to the surrounding area.

V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

Staff Finding –Approval of a Special Use Permitted does not alter the existing zoning district. The general area of the proposed tower site is frequently used for overflow parking west of the access drive during special events at Hidden Valley. The area is largely screened by mature existing vegetation along the boundary of the property. The property is otherwise heavily wooded throughout the interior of the site.

VI. RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S 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:

§ 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.

§ The visual appearance of utility improvements will be addressed to ensure compatibility with existing and planned land use areas.

§ 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.

SITEPLAN/STAFF REVIEW

The proposed request represents a request for a new 140’ communication tower in the central part of Lawrence. The tower enclosure area is located in the southeast portion of the site and is a 50’ by 50’ area enclosed by a 6’ wood fence with additional landscaping along the fence for interior screening. This application has been reviewed based on the provisions of section 20-529 of the Land Development Code (effective July 1, 2006). Because of the timing of the submission some elements are reflected as conditions of approval that in the future will be expected to be submitted concurrently with the application. Additionally, notes are recommended on the face of a revised site plan that is consistent with the updated language. The updated code provides for much of the same requirements as before, but adds to the requirements items such as maintenance responsibilities, fees related to inspections and independent review of the “justification reports”. The revised regulations include provisions for the following items:

Section 20-529 (8) states: In addition to the standards and conditions listed in Section 20-529(2) and 20-529(9), the City Commission shall consider the following factors in determining whether or not to issue a special use permit:

· Height

· Proximity of facility to residential structures and district boundaries

· Limitations of placement of facilities in other areas

· Surrounding land uses

· Surrounding topography and tree coverage

· Structural design to limit visual obtrusiveness

· Availability of co-location options

· Allocation of space on new facility for other users

These criteria are similar to previous standards and considerations. Specific additions include assessment of topography and land cover and reduction of visual impact through tower design. For consistency the following summaries are provided in the same format as previously considered. Much of the review is an assessment of compliance of specific standards.

Setback and Height- Section 20-529 (9) (i) establishes the maximum height for free standing telecommunication towers at 180’. Section 20-529 (9) (ii) establishes the setback requirements. The proposed tower is proposed at 140’. Setback of the tower must be equal to “at least one-half the Height of the Telecommunications Tower if the site is in or adjoins an R Base District”. The location of the tower is estimated to be located 70’ to 80’ north of the south property line. The site plan must be revised to clearly show the dimensions from all property lines. An additional setback requirement, new to the Development Code, is a separation standard of one-half mile between towers unless located on the same site. Additional documentation at the local level will need to be developed by staff to confirm compliance with this standard in the future. Nearby towers are located along W. 6^th Street, 23^rd & Naismith and along Wakarusa Drive.

Tower Design – Section 20-529 (9) (iv) requires the ability to provide multiple carrier placement on towers at a ratio of three “platforms” or mountings per every 150’. The proposed tower and enclosure will accommodate a total of four carriers. Other design elements set out in section 20-529 (9) (v-xviii) require underground routing of utilities as necessary, conformance with OSHA standards, fencing, prohibition of exterior storage not specifically related to the tower operation, lighting limitations, and accessory structures location and height.

[New Criteria] Screening – Section 20-529 (9) (xvii) establishes a buffer yard requirement for towers if located in or adjoining an R Base District. The tower shall be surrounded by a Type 3 Buffer Yard per section 20-1005 (f).

Minimum

Buffer Width

100 Linear Feet

Landscape Material Requirements

Trees

Shrubs

15 feet

Fence, wall or Berm required

20 feet

25 feet

The subject property is densely wooded along all property lines. As part of the agreement with the property owner, additional landscaping will be added to the boundary of the fenced enclosure. Staff’s conclusion is that the screening requirements have been satisfied for this application.

Zoning Preference- Section 20-529 does not provide any language regarding a preferred zoning for communication towers. The usage of cell phones has increased both in user numbers and features, more sites are needed because this combination is “eating up” the available capacity. This has resulted in towers being proposed in closer proximity to each other. according to the applicant, there is a need to look for options approximately one every mile because of capacity issues where three years ago towers could be situated every 3-4 miles three apart.

Permission – The applicant has provided staff with necessary documentation to assure that the property owner of record is party to this application. It was noted in the review that a utility easement will be necessary to extend hard wire phone service (AT&T utility) to the proposed facility. This will require dedication of an easement by separate instrument and installation of the utility. The applicant will be required to coordinate with the property owner and the other utility company to provide this extension. Staff recommends that the site plan be revised to show the location of the easement as a condition of approval. Any vegetation disturbed should be required to be replaced to maintain continuous screening.

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 includes equipment cabinets and 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.

[New Criteria] Other – Staff has identified several notes that should be added to the site plan for maintenance. There is a requirement for an annual inspection and reporting that shall be paid for by the applicant per section 20-529 (4). Additionally there is a requirement for independent review of the justification reports that shall be paid for by the applicant per section 20-529 (6) and construction section 20-529 (13). These elements are reflected as conditions of approval.

Section 20-529 (7) sets out the requirements of the justification report or burden of proof. This documentation has been a standard of submission requirements previously. The new code addresses the provision to require an independent study and that the applicant shall provide fees to cover that independent review. The city is in the process of creating a list of consultants and developing a recommended fee for review.

The intent is that applicant is subject to the independent consultant review. Approval of the proposed tower should be made subject to the outcome of the independent review.