SP-7-37-10: A site plan for removal of an existing 35’ pole to be replaced with an 85’ pole with street lights and communication equipment for Westar. Located on southeast corner of E. 27th Street and Oregon Street within the public right-of-way. Submitted by BG Consultants for Westar Energy, The City of Lawrence Property Owner of public right-of-way.

 

ADMINISTRATIVE DETERMINATION: The Planning Director approves the above-described Site Plan subject to the following condition:

 

1.  Execution of a license agreement with the City of Lawrence for use of the right-of-way.

 

ASSOCIATED CASES

·         None for this project.

 

KEY POINTS

·         Improvement is located in public right-of-way.

 

OTHER ACTION REQUIRED

·         Submittal of 4 copies of the approved site plan for release to Development Services for building permits. Per Section 20-1305 (k) plans may be released after a 9 day waiting period to permit time for any appeals to be filed. The site plan may be released for building permits on August 3, 2010 if no appeals are filed.

·         Approval of license agreement by the City Commission for use of the right-of-way.

 

PLANS AND STUDIES REQURIED

·         Traffic Study – Waiver requested.

·         Downstream Sanitary Sewer Analysis –Not applicable to request

·         Commercial Design Guidelines – Not applicable to request.

·         Drainage Study – Not required for project.

·         Retail Market Study – Not applicable to request.

·         Alternative Compliance – Not applicable to request.

 

GENERAL INFORMATION

Current Zoning and Land Use   

IG (General Industrial) public right-of-way. Adjacent to vacant lot.

Surrounding Zoning and Land Use

IG (General Industrial) in all directions.  Westar (Kansas Power and Light Company) located north and west of intersection. Undeveloped property south and east of intersection.

Legal Description:

Wood pole located 14’ south and 9’ west of the Northwest corner of Lot 7, Lawrence Industrial Park Subdivision.

 

 

 

SITE SUMMARY

 

Existing

Proposed

Change

Land Use:

Public right-of-way

Public right-of-way

 

Land Area (sq ft):

NA

NA

 

Existing Building (sq ft):

 35’ wood light pole

85’ pole with attachments

 

Total Impervious Area (sq ft):

NA

NA

 

Total Pervious Area (sq ft):

NA

NA

 

 

PROJECT DESCRIPTION

This request is for the removal of an existing 35’ wood utility pole and the replacement of an 85’ wood utility pole with an attachment for communication equipment. The communication equipment is limited to Westar facilities/usage only and does not include other public communication services. This equipment will allow remote communication between the building at 746 E. 27th Street and the substation at 31st and Kasold. The communication equipment will be contained in a box type unit that is 14.5” (width) by 14.5” (height) by 3.74” (deep).

 

The intent of this equipment is to meet communication demands as a temporary measure. A future fiber optic line will be installed within the next few years by a separate project. At such time this equipment will be abandoned, the 85’ pole would be removed, and a standard 35’ pole reinstalled with street lighting.  

 

PARKING SUMMARY

Off-street parking is not applicable to this request.

 

STAFF REVIEW

Landscaping and Screening

There is no enclosure or ground mounted equipment associated with this application that requires screening. Existing street trees should be protected during removal and installation work.

 

Lighting

Standards of the Development Code, with regard to communication towers, specifically prohibit lighting unless required by FAA. No such lighting is required or proposed for this pole. The existing street light will be replaced on this taller pole. No other lighting is proposed.

 

Commercial Design Standards

Commercial design standards are not applicable to this project. The site plan notes that no comemrcial advertising shall be allowed on this pole.

 

Access

The new pole is to be located in the same proximity of the existing structure. This location is within the public street right-of-way but outside of the paved portion of the street.

 

Floodplain

This property is not located within the regulatory floodplain and is not subject to a local floodplain development permit.

 

Historic Environs

The proposed change is outside of the designated historic environs located nearby.

 

Findings

Per Section 20-1305, staff shall first find that the following criteria have been met:

 

1)   The Site Plan shall contain only platted land;

This right-of-way has been included in the plat of the Lawrence Industrial Park Subdivision.

 

2)    The site plan shall comply with all standards of the City Code, this Development Code and other adopted City policies and adopted neighborhood or area plan;

For the purpose of this review section 20-529 of the Development Code has been referenced. This application is a non-typical request dealing with improvements in the public right-of-way. The proposed pole is not a typical communication tower. The pole is a part of the utility infrastructure providing regular support to street lights and above ground connections for electric service. The existing pole is intended to be temporarily replaced with a taller pole to accommodate placement of a wireless communication device specifically for Westar use only. The long term plan includes installation of fiber optic line for direct communication service between facilities. Estimated underground improvements are planned within the next 5 years.

 

3)    The proposed use shall be allowed in the district in which it is located or be an allowed nonconforming use;

Utility poles and equipment including light fixtures and limited communication equipment are commonly found on such poles located within the public right-of-way.

 

4)    Vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well and shall also conform with adopted corridor or access management policies and;

Access to the “site” is not applicable. The pole is located within the public right-of-way but outside of the paved portion of the street.

 

5)   The site plan provides for the safe movement of pedestrians within the site;

Oregon Street is a local street within an industrial zoned area. There is no public sidewalk on this portion of the east side of the street. Sidewalks are provided on the west side of the street at the north end and on the east side at the south end. As vacant lots in the area are developed public sidewalks will be required.

 

Conclusion

This request is a non-typical site plan and communication tower review. The proposed structure is an 85’ utility pole commonly used throughout the City. Further, this request is temporary in nature as Westar upgrades equipment and installs fiber optic line. Installation of the fiber optic line is intended to replace the need for aerial communication that requires line-of-sight communication equipment. A specific license agreement with the City is required for use of the right-of-way. Installation is planned within the next 5 years budget permitting.

 

Use of existing cell towers in various locations would require lengthy and costly lease agreements with a tower owner.  Since the service is intended to be temporary, co-location on existing towers is not considered to be a cost effective option by the applicant. Use of existing utility poles and traffic signals for communication equipment is found throughout the community. Such use requires an appropriate lease agreement with the City.

Section 20-529 Development Code Review – Communication towers.

 

Factors to consider:

 

Section 20-529 (8) Review Criteria

i.        Height. Finding: Proposed height 85’.

 

ii.        Proximity to residential uses or zoning. Finding: No immediately surrounding residential use or zone.

 

iii.        Technical requirements limiting placement on existing towers/structures. Finding: Proposed equipment is low profile intended for a temporary time. Once fiber optic line is installed this device will be decommissioned and removed. Installation of equipment on existing communication towers requires specific lease negotiations that are not cost effective for the applicant.

 

iv.        Nature of uses on nearby properties. Finding: Surrounding include industrial warehouse/office uses and a vacant lot.

 

v.        Surrounding topography/tree cover. Finding: Immediate area is relatively flat with sparse tree cover. 

 

vi.        Designed to reduce visual obtrusiveness. Finding: Proposed structure is typical large wooden utility pole. Antenna attachment is low profile/flat box.

 

vii.        Availability of suitable options for location. Finding:     Height needed for “line-of-site” connection of equipment in lieu of underground fiber optic service between facilities. Use of traditional towers requires potentially long term lease negotiations with tower owners for temporary usage according to applicant.

 

viii.        Facilitation for multiple users. Finding: Primary purpose is a utility/street light pole. Additional height allows connection of communication equipment.

 

Section 20-529 (9) Design Standards

i.        No free standing structure greater than 180’. Finding:  Proposed height exceeds 75’, maximum building height for district but is far less than 180’ per this standard.

 

ii.        Setback equal to ½ the height (in residential district) or within designated fall zone. Finding:     Setbacks are generally measured from property line. This utility improvement is to be located within the public right-of-way. Failure of the pole would likely block the street but not endanger any existing building structures.

 

iii.        Minimum separation of towers equal to ½ mile. Finding: proposed pole is not defined as a “tower.” This standard is not applicable to the request.

 

iv.        Construction and base shall be designed to accommodate multiple carriers. Finding: Pole will support street light and power supply for light. Location of buildings within the public right-of-way is not appropriate. This standard is not applicable to this request.

 

v.        Equipment shall not extend across or over any part of the right-of-way, public street, highway, sidewalk or property line except necessary electric and telephone service approved by the city. Finding: Approval of this request requires a license agreement with the City.

 

vi.        All signal and remote electrical conductors shall be hidden from plain view and be underground. If not underground they shall be a minim of 8’ above the ground. Finding: the antenna will be located approximately 75’ above the ground level.

 

vii.        Design shall conform to OSHA standards. Finding: Minimum engineering standards are applicable to utility poles. Adequate safety and access for maintenance of the street light and equipment will follow industry standards.

 

viii.        Towers shall be a monopole desing. Finding: The proposed pole by definition will be similar in concept to this standard. Existing light pole anchors will be reused for this pole.

 

ix.        Use of guyed or lattice towers is prohibited. Finding: This standard is not applicable to this request

 

x.        Design shall protect from trespass and discourage climbing. Findings: The proposed pole will not attract any more encouragement of trespass than similar structures in the area.

 

xi.        Design shall be that in a case of failure structure shall collapse upon itself and not fall on to structures near the site. Finding: Failure of pole most probably would land within the public right-of-way. There are no nearby structures that would be harmed by failure of the pole.

 

xii.        Mobile or immobile equipment not in direct support of facility shall not be stored or parked on site. Finding: On-street parking is subject to existing City ordinances. Storage of equipment in the public right-of-way is not permitted.

 

xiii.        Design shall not include a platform, crow’s nest or like structure around it. Finding: Proposed pole is standard equipment used throughout the city. Platforms are not part of this application.

 

xiv.        Lighting of accessory buildings for basic security purpose is permissible but must limit glare on adjacent properties. Finding: No accessory lighting is proposed for this pole. The street light will be replaced on the new pole but is not considered accessory lighting.

 

xv.        Accessory building structures shall meet all building design standards and building permit requirements.  Finding: No buildings are associated with this application.