Title
CONDITIONAL USE FOR A WIRELESS COMMUNICATION FACILITY WITH A 200-FOOT TALL MONOPOLE ON PROPERTY ZONED RR RURAL RESIDENTIAL; GENERALLY LOCATED EAST OF 151ST STREET WEST, ON THE NORTH SIDE OF 109TH STREET NORTH AND EAST OF RAYMOND DRIVE. (DISTRICT 3) CON2014-00016.
Presented by: John L. Schlegel, Director of Planning
RECOMMENDED ACTION: Adopt the findings of the Metropolitan Area Planning Commission (MAPC), approve the Conditional Use subject to the conditions recommended by the MAPC, and authorize the Chairman to sign the resolution.
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The applicant, AT&T Mobility, is seeking a Conditional Use to permit the construction of a 200-foot tall, wireless, galvanized steel, monopole tower within a 100-foot (x) 100-foot lease site on RR Rural Residential (RR) zoned property. The lease site is located approximately 170 feet north of 109th Street North and 175 feet east of Raymond Drive. The site has access onto Raymond Drive via a proposed 30-foot wide access-utility easement. Per the amended "Wireless Communication Facility Ordinance," new undisguised ground-mounted wireless communication facilities over 120 feet in height in the RR zoning district may be considered as a Conditional Use on a site by site analysis; adopted by the Wichita City Council 04-08-2008 and the Board of County Commissioners (BoCC) 04-09-0208, updated 03-2011.
The RR zoned Sedgwick County site is located east, across Raymond Drive, from the Bentley city limits. Manufactured homes on urban scale lots are located in Bentley, along the west side of Raymond Drive facing the site and RR zoned agricultural fields. More recent development in this part of Bentley are partially developed (built 2004-2006) single-family subdivisions located northeast of the site. RR zoned agricultural fields are located north of the site. RR zoned agricultural fields and large tract single-family residences and farmsteads are located east and south of the site. A partially developed (built 2004-2010) SF-20 Single-Family Residential (SF-20) zoned subdivision is also located south of the site.
The applicant's RF Engineer has stated that the proposed facility is needed to provide coverage to an area that has minimal to low coverage. The applicant has provided current coverage and projected coverage maps showing the impact of the site in providing service to the area. The RF Engineer has provided a site selection map. Most of the candidate sites, including the proposed site, are located on RR zoned agricultural land. However, the applicant has stated that co-location was submitted for the Bentley water tower and a newly built grain elevator (CON2012-00052). The applicant found the water tower not tall enough and the grain elevator was outside the 1-mile site search ring.
The proposed tower and associated communication frequencies and wattages must meet standards determined by the Federal Aviation Administration (FAA) to insure it poses no hazard to air navigation or interferes with other radio/communication frequencies; this must be provided to staff prior to building permits being issued. Tower lighting must meet the FAA requirements for aircraft warning. The proposed galvanized surface of the tower will blend into the sky more readily than a red or white paint, which meets the intent of the "Design Guidelines" of the "Wireless Communication Master Plan." The proposed 200-foot tower will be designed for co-location for at least four (4) other providers. The proposed tower is shown with triangular antenna arrays.
Analysis: The site is located within the City of Bentley's Zoning Area of Influence and as such the Bentley Planning Commission considered CON2014-00016 at their 04-22- 2014, meeting; Unified Zoning Code (UZC), Article V., Section V-B.4.d. There were people present at the Bentley meeting that spoke against CON2014-00016. Their objections included the site's visual impact on the area's single-family residences, its impact on future residential development, safety concerns in regards to ice coming off the monopole, and the site's impact on drainage onto Raymond Drive. The Bentley Planning Commission approved CON2014-00006 by a 2-1 vote, with the following conditions:
A. This request must have the approval by the FAA in determining the proposed wireless communication facility with its 200-foot tall monopole tower pose no hazard to air navigation or interferes with other radio/communication frequencies. The applicant shall submit a current copy of FAA approval to the Metropolitan Area Planning Department and the Metropolitan Area Building and Construction Department prior to the issuance of a building permit.
B. All requirements of Article III Section III.D.6.g. of the Unified Zoning Code shall be met.
C. The applicant shall obtain all permits necessary to construct the wireless communication facility, and the wireless communication facility shall be erected within one year of approval of the Conditional Use by the Metropolitan Area Planning Commission or governing body, as applicable.
D. The support structure shall be a monopole design, as shown on the elevation and that generally conforms to the approved site elevation and that is silver or gray or a similar unobtrusive color with a matte finish to minimize glare.
E. The support structure shall not exceed 200 feet in height and shall be designed and constructed to accommodate communication equipment for at least four (4) wireless service providers.
F. The tower site shall be developed in general conformance with the approved revised site and a landscape plan. These plans must show the type and size of fencing around the 100-foot (x) 100-foot lease site, parking, all light poles, lights, power poles, cabinets, equipment or buildings within the fenced in site or in the immediate area if it is to be used by the site. The plan must identify existing and/or proposed trees and shrubs, give their total numbers and their general size to determine if it meets screening requirements of the Unified Zoning Code, Article IV, Section IV-B.3.b.1. Evergreens will be planted a minimum size of 5-foot at the time of their planting, but be 15-40-foot when mature and planted on 15-foot centers. The site plan must identify and record all utility and or access easements. If a surface is needed for the drive/access easement, it must be approved by the Zoning Administrator. All improvements and construction of the facility/tower shall be completed within a year and before the facility becomes operational.
G. The site shall be developed and operated in compliance with all federal, state, and local rules and regulations. Provide the Sedgwick County Engineer with any required plans, including a drainage plan, for review and approval of the site.
H. If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the Conditional Use is null and void.
At the Metropolitan Area Planning Commission (MAPC) meeting held 04-24-2014, the MAPC voted (9-0) to recommend approval of the requested Conditional Use subject to the conditions that were approved by the Bentley Planning Commission. A citizen was present at the MAPC to speak against the request. Valid protests to the request totaling 1.20% of the net land within the protest area have been received by staff. There were also protest received that were located outside of the protest area; see the protest map. Protests to a County Conditional Use request require final action by the County Commission; UZC, Sec.V-D.10.
Alternatives:
1. Adopt the findings of the MAPC, approve the Conditional Use, subject to the recommended conditions, authorize the Chairman to sign the resolution and authorize the resolution to be published (a simple majority vote is required because the valid protests total less than 20% of the net land within the protest area).
2. Deny the Conditional Use and override the MAPC's recommendation (requires a two-third majority vote).
3. Return such recommendation to the MAPC with a statement specifying the basis for the BOCC's failure to approve or disapprove (requires a simple majority vote).
Financial Considerations: There are not any additional financial considerations to the County associated with this application.
Legal Considerations: Approved as to form and signed by County Counselor's Office: The City and County are authorized by K.S.A. 12-741, et seq. to adopt and amend a comprehensive plan, joint zoning code and official zoning map. The City and County have done so, and in that code have provided for the zoning of properties, including overlay districts, planned unit developments, protective overlays, conditional uses and community unit plans.
Policy Considerations: The MAPC recommendations are based upon the findings of fact stated in the MAPC minutes.
Outside Attendees: Telecom Realty Consultants LLC, c/o Caroline Boyd (agent)
Multimedia Presentation: PowerPoint