PC meeting 06/22/05

ITEM NO 17:            USE PERMITTED UPON REVIEW FOR TOWER CO-LOCATION AND COMPOUND EXPANSION; 4700 OVERLAND DRIVE (SLD)

UPR-05-03-05:  Use Permitted upon Review request for co-location and compound expansion on existing wireless tower located at 4700 Overland Drive.  Submitted by Selective Site Consultants for Verizon Wireless, applicant, and USD #497, property owner of record.

STAFF PRESENTATION

Ms. Day introduced the item, a request for co-location of antennas on an existing telecommunications tower.  She explained that this kind of request may be handled administratively if the applicant proposed to accomplish their project without making changes to the existing tower (expanding base, increasing height).  If changes were required, as in this case, Staff typically brought the matter to the full Commission.

Ms. Day described the surrounding uses and said no comments were received from the public prior to the hearing.

Staff recommended approval of the request with conditions as listed in the Staff Report.  Staff additionally asked the Commission to consider amending the City regulations to allow administrative approval of co-locations that met the Building Code and did not increase tower height or expand the base area.

It was discussed that the Commission currently had no authority to review telecommunications towers or antennas aesthetically.   It would be challenging to write language addressing this issue because many aesthetic judgments are a matter of opinion.  Burress encouraged Staff to investigate possible language to deal with the visual appearance of towers and antennas.

APPLICANT PRESENTATION

Trevor Wood, Selective Site Consultants, spoke on behalf of the School District and Verizon Wireless.  She said that no visible changes would be made to the existing tower except the addition of the new antenna.  The base would be expanded but this would not be readily visible.

Mr. Wood said the new antenna would fill the lowest space on the tower and showed drawing of the tower with the proposed changes.

PUBLIC HEARING

No member of the public spoke on this item.

COMMISSION DISCUSSION

The Commission had no additional comments or questions.

ACTION TAKEN

Motioned by Jennings, seconded by Haase to approve the Use Permitted upon Review for the tower co-location and compound expansion at 4700 Overland Drive and forward it to the City Commission with a recommendation for approval, based on the findings of fact presented in the body of the Staff Report and subject to the following conditions:

1. Include following notes on face of plan per 20-14B03 (c) (d):

a. “Any tower that is not in use for a period of three years or more shall be removed by the owner at the owner's expense.  Failure to remove the tower pursuant to non-use may result in removal and assessment of cost to the property pursuant to K.S.A. 12-6a17;”

b. “The tower owner/operator shall submit a letter to the Planning Office by July 1 of each year listing the current users and types of antenna located on the approved tower.  A sign shall be posted on the tower or the exterior fence around the base of the tower noting the name and telephone number of the tower owner and operator;” and

c. “Any ground or mounted lighting shall be subject to staff review and shall be shielded and directed downward.”

          Motion carried unanimously, 10-0, with Student Commissioner Wright voting in favor.

Motioned by Burress, seconded by Eichhorn to forward to the City Commission a resolution giving the Planning Director authority to approve tower co-locations administratively when the co-location does not involve a height increase for the existing tower.  Included in the resolution was a directive to Staff to investigate the policy question of aesthetic standards for telecommunication towers and antennas.

          Motion carried unanimously, 10-0, with Student Commissioner Wright voting in favor.