Memorandum

City of Lawrence

Planning and Development Services

 

TO:

Diane Stoddard, Interim City Manager

FROM:

Sandra Day, Planner II

DATE:

September 17, 2015

RE:

SUP-15-00185: Consider a Special Use Permit for Verizon Wireless LLC to construct a new Telecommunication Tower, located at 2001 Moodie Rd. Submitted by PAMCORP on behalf of Verizon Wireless LLC for Ottawa Cooperative Association, property owner of record.

 

Background

An application for Telecommunication Tower was submitted to the Lawrence Douglas County Planning Office on April 20, 2015. This application was submitted in response to the request for a communication tower proposed at 1725 Bullene Avenue, SUP-14-00312 that was denied by the City Commission at their meeting on November 17, 2014.

 

The current application for the Telecommunication Tower to be located at 2001 Moodie Road was approved on its first reading of Ordinance No. 9127 by the City Commission on July 14, 2015 subject to the following conditions:

 

1.    Applicant shall submit a revised site plan to show five (5) additional street trees along the north 200 feet of Moodie Road to mitigate the proposed use from the residential use to the south. 

2.    Prior to release of the site plan for issuance of a building permit, the applicant shall provide the following changes and documentation:

a.    Submission of documentation to demonstrate the tower fall zone will be maintained within the parent parcel. 

3.    Applicant shall submit a revised site plan to show the tower set back a minimum of 130’ from the building located at 1941 Haskell Avenue.

4.    The landscape plan shall be revised to provide additional screening for residential uses to the south.

 

The revised plan shows the proposed Telecommunication Tower relocated (setback) on the site 146.6’ south of the building located at 1941 Haskell Avenue. The location of the tower is approximately 13.9 feet setback from the east property line also being the right-of-way line for Moodie Road. This location is dictated by the proximity of overhead lines across the property and the property owners desire to retain a specific area in the central part of the site for future development and expansion of their operation. The proposed tower location cannot be shifted any farther to the west and safely avoid conflicts with the existing overhead electric lines according to Westar. The tower cannot be shifted farther to the south without encroaching on the existing driveway that provides truck access and circulation for the site and other features of the operations such as parking.

 

The proposed 40’ fall zone extends approximately 24’ into the City right-of-way for Moodie Road. Moodie Road is a 60’ wide local street. The roadway is 24’ wide with large green spaces on both sides of the paving and no curb, gutter or sidewalk. The fall zone encroachment extends approximately 5’ into the south bound lane of Moodie Road. Typically, and per the condition above, the fall zone is required to be contained on the subject parcel. Due to the compromise of relocating the tower this cannot be accomplished. The risk of the tower falling onto the southbound driving lane is very small in staff’s opinion and an administrative waiver to allow the fall zone to encroach into the right-of-way is reasonable in this instance.

 

The ground equipment will be screened from view by a 7’ tall vinyl fence. Street trees will be added along the Moodie Road right-of-way by the City of Lawrence along the north segment of the subject property. 

 

Prior to issuance of a building permit the applicant is required to provide documentation to demonstrate the tower fall zone and that it will be maintained within a specific radius.

 

Action

Adopt on second and final reading, Ordinance No. 9127, granting a Special Use Permit for a Telecommunications Tower on property commonly known as 2001 Moodie Road, SUP-15-00185.