LAND USE REVIEW

Use of right-of-way review

April 10, 2007

A. SUMMARY

SP-03-15-07: Lawrence Freenet Equipment Addition to traffic signal poles located at specific intersections along Clinton Parkway between Iowa Street and Kasold Drive, a land use review/assessment for the addition of communication equipment to four intersections located along Clinton Parkway as a test project. Submitted by Adam Mansfield, President Lawrence Freenet, Inc. City of Lawrence, property owner of record.

Note: The proposed improvements are to be located on existing traffic signal poles located within public right-of-way. The Site Plan process has been identified as the most similar process for review and analysis to process this request. This proposed request is a test project.

B. GENERAL INFORMATION

Current Zoning and Land Use:

See Map

· Northeast corner of Clinton Parkway and S. Iowa Street

· Northeast corner of Clinton Parkway and Crestline Drive

· Southeast corner of Clinton Parkway and Lawrence Avenue

· Southwest corner of Clinton Parkway and Kasold Drive

Surrounding Zoning and Land Use:

See Map

· University of Kansas is located on northwest corner of Clinton Parkway and S. Iowa Street. The remaining portions of the intersection are zoned and developed commercially.

· The south side of Clinton Parkway at Crestline Drive includes multi-family and religious institutional uses.

· The south side of Clinton Parkway and Lawrence Avenue is zoned and developed with residential uses.

· The south and northeast corners of Clinton Parkway and Kasold Drive are developed with medical office/office related uses. Commercial zoning and land use is located on the north side of the intersection.

Site Summary:

The proposed test project is a request for the installation of equipment at four locations along Clinton Parkway.

Proposed equipment is to be located on a traffic signal pole that supports the mast signal arm and a street light arm above the traffic signal (Luminaire Arm).

The support arm is owned by the City; the street light fixture (luminaire) is owned by Westar. The City pays Westar to install and maintain street lights. The traffic signal and support arm are owned and maintained by the City.

Line Callout 3: Luminaire Arm – Owned by City Line Callout 3: Luminaire Fixture- Owned by Westar Line Callout 3: Mast Arm – Owned by City Line Callout 3: Signal Pole – Owned by City Diagram of typical traffic signal pole with luminaire arm

Related Site Plan History:

Massachusetts Street Traffic Control Devices – SP-03-22-07 (Denied)
Harper Water Tower 2100 Harper Street – SP-02-08-07 (Approved)
Kasold Water Tank 19^th & Kasold – SP-10-80-05 (Approved/Installed)
Fire Station at 3708 W. 6^th Street - SP-01-02-06 (Approved/Installed)
Stratford Water Tank 1815 Stratford – SP-01-04-06 (Approved/Installed)
City Hall – Roof Mount – SP-01-06-06 (Approved/Installed)

Staff Recommendation: Planning staff recommends approval of the co-location of equipment by Freenet on four traffic signal poles at the intersections of Clinton Parkway and S. Iowa Street, Crestline Drive, Lawrence Avenue, and Kasold Drive subject to the following conditions:

1. Approval by the City Commission for use of public infrastructure and use of right-of-way.

2. Approval of any license agreements with the City of Lawrence as applicable.

3. Prior to each installation approved access to power source from Westar shall be submitted to the City Engineer.

4. Prior to each of installation, maintenance and/or repair activity access approval shall be provided by the City Engineer.

C. STAFF REVIEW

The subject property of this request is the public right-of-way along Clinton Parkway that includes the northeast intersection of Clinton Parkway and S. Iowa Street, the northeast intersection of Crestline Drive and Clinton Parkway, the southeast intersection of Lawrence Avenue and Clinton Parkway and the southwest intersection of Kasold Drive and Clinton Parkway. The signal poles proposed for co-location of equipment are all located within public right-of-way.

The proposed request represents four locations of a total 66 submitted by the applicant for installation on signal poles around the community. This application is considered to be a test to determine the feasibility of additional installations by the applicant. In addition to these four locations being considered, a site plan has recently been approved for co-location on the Harper Water Tower per SP-02-08-07. A site plan for installation of equipment on traffic signal poles along Massachusetts Street was denied (SP-03-22-07). The Massachusetts Street installations were identified as a separate request within the December submittal but were not part of the original 66 community locations identified in that request.

Other requests made per the December submittal include:

62 remaining traffic signal light poles located throughout the community
2 police station locations
5 fire station locations
1 additional City building

The proposed equipment includes a 13 inch by 8 inch by 5.3 inch unit to be attached to the luminaire arm of the designated traffic signal poles.

SAFETY AND OPERATING CONCERNS

During the review process City staff identified concerns that are anticipated to be addressed in the right-of-way license agreement with the City. Concerns include assurance of use of proper equipment for installation, access, and repair of equipment that is both industry standard (such as a bucket truck) and assurance of proper functioning of traffic signals and traffic flow through affected intersections. Specific concerns identified are:

1. Liability to the City resulting from any malfunction of the actual traffic signal.

2. City Staff time required to oversee the installation and ongoing maintenance work by the applicant.

3. Concerns that the applicant’s equipment will result in street light failure or malfunction.

4. Access to equipment should utilize best and safe industry practices including bucket trucks.

The primary concerns related to this request are those of installation and on-going maintenance. Professional installation shall be required to assure safety is observed at all times. Any installation or maintenance work by the applicant must be pre-approved by the City Engineer.

The development code does not address the use of infrastructure as proposed. Staff has utilized portions of the site plan review criteria and the communication tower standards in lieu of more specific code direction.

The structure proposed for use to mount the Freenet communication equipment is an existing traffic signal pole in all four locations. Specific location on the pole is indicated as the luminaire arm of the traffic signal pole. Vehicular access is provided via the public street. Appropriate equipment will be needed to access and maintain the equipment as necessary and should be coordinated with the City Public Works staff to assure continued functioning of the traffic control signal devices.

Permission – Use of the public right-of-way is approved through the City of Lawrence by the City Commission. Street lighting is provided through an agreement between the City and Westar. The light fixtures are owned by Westar.

Staff has noted that work on traffic signal poles should be conducted by qualified professionals using industry standard safety equipment. Installation and maintenance of the equipment must be coordinated with Westar for the power supply as part of any connection to the actual luminaire fixture. Additionally, any activity that closes traffic or obstructs traffic for any reason will require prior approval from the City Engineer. There is no “site plan” as such for the proposed use. These issues are recommended to be addressed as part of any license agreement with the City if use of traffic signal poles in the public right-of-way is approved.

Future Improvements – There should be no modification to the pole or supporting luminaire arm as a result of this equipment addition other than the attachment of the equipment (mounting) and electrical connections as applicable.

Installation of equipment – The proposed equipment is shown to be co-located on the existing utility infrastructure – specifically on the luminaire arm. Power to the equipment is intended to be provided through a connection to the luminaire fixture which is owned and maintained by Westar. Therefore, coordination is required with the utility company as part of the installation process.

Safety is a significant concern. Staff recommends that Freenet employ standard “best practices” for access to the equipment. The City is responsible for ensuring that traffic signal lights function properly. Any installation, maintenance, repair of Freenet equipment shall be required to be pre-approved by the City Engineer to assure traffic safety is maintained.

Site Plan – The application for this request includes photographs of the poles along with details of the mounting equipment for installation of the equipment on either the luminaire arm or the pole as applicable.

The applicant has provided documentation from the pole manufacturer that confirms the design of the poles are capable of the additional weight of the communication equipment proposed (Letter dated 1/9/07 from Valmont Structures).

North