PC Minutes 3/26/07  DRAFT

ITEM NO. 9:        SPECIAL USE PERMIT FOR NEXTEL COMMUNICATIONS CELLULAR TOWER, 2101 WAKARUSA DRIVE (MKM)

SUP-01-01-07: Special Use Permit for a Nextel Communications cellular tower, located at 2101 Wakarusa Drive. Submitted by Ward Development Services and WFI, Inc., for the City of Lawrence, property owner of record.

STAFF PRESENTATION

Ms. Mary Miller presented the item. 

Commissioner Krebs commented that the commission was of the opinion that this type of item should be approved administratively.

APPLICANT PRESENTATION

Mr. Brian Smith attorney on behalf of Nextel, commented that during the last application process he notified all of the neighbors in that area of a meeting to discuss the tower, and no one attended.  He mailed letters to all neighbors in the area and received one response from a neighbor suggesting the tower be made to look like a tree.  Mr. Smith stated the tower would be to the west of the existing tower, and the driveway would come off the south side of both towers, which would be an improvement.  The existing tower is currently accessed through the City of Water Treatment Facility and this is a security concern.

Commissioner Eichhorn asked if the finish of the new tower could be made to look like the existing one.

Mr. Smith stated Nextel could accommodate the request and would try to make the finish of the new tower as close as possible to the old tower.

Commissioner Burress commented that he does not think the tree was a stupid idea and asked why antennas had to be so ugly.

Mr. Smith stated there are variations with these types of towers, but the design is driven by technology.

Commissioner Harris asked if the neighborhood had changed at all to make a difference in approving.

Ms. Miller stated that she had not seen any change except for the Water Treatment Plant being enlarged.

Mr. Smith added that the fire station had been built.

PUBLIC HEARING

No public comment.

ACTION TAKEN

Motioned by Commissioner Eichhorn, seconded by Commissioner Finkeldei, to recommend approval of SUP-01-01-07, a Special Use Permit for the construction of a tower and placement of antenna and ground mounted equipment at 2101 Wakarusa Drive and forward to the City Commission with a recommendation for approval, based upon the findings presented in the body of the staff report and subject to the following conditions:

1. Execution of a site plan performance agreement.

2. Execution of a land lease agreement with the City of Lawrence, prior to the release of the site plan for issuance of a building permit.

3. Completion of the independent review per City Code section 20-529 confirming that the applicant has met the Burden of Proof regarding co-location prior to consideration of the Special Use Permit by the City Commission.

4. Provision of a revised site plan with the following changes:

a. Book and Page number for recorded access/utility easement referenced on the plan

b. Note added referencing applicant’s agreement with City to mount security camera equipment and communication equipment on the tower for the City facilities on the site.

c. Note stating; “The tower must either have a galvanized finished or be painted gray or light blue per Section 20-529(2) (v) of the Development Code.”

d. Note stating “The tower construction will comply with Section 20-529 of the City Code so that if a failure does occur, the tower will collapse into itself.”

Motion carried 10-0 unanimously. Student Commissioner Robb also voting in the affirmative.