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7.1 Kenwood Park Cell TowerAGENDA SECTION NO: 7 ITEM NO: Page 1 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 04/08/2013 4:00 P.M. ORIGINATING DEPARTMENT DEPARTMENT Development Services Planning BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: F1.0 ITEM: Resolution No. 13 -6994 Consider approval of Application #SP13 -1, filed by Elite Wireless on behalf of Nex -Tech Wireless, requesting approval of a Special Permit (Class C) to allow the placement of a Wireless Communication Facility in a PDD R -1 (Single - Family Residential) district. The subject property is the Kenwood Cove Aquatic Center located in the Kenwood Park Addition which is addressed as 701 West Kenwood Park Drive. [Staff would note that this is a quasi - judicial land use matter, therefore the rules prohibiting ex parte contacts by interested parties with individual Commissioners are now in effect] BACKGROUND: In 2001, partially as a result of a request to erect a wireless communication tower in the Roselawn Cemetery on East Crawford, the Planning Commission authorized staff to draft a new Wireless Communication Facilities Ordinance to take the place of the existing ordinance which was adopted in 1998. In addition to requiring wireless communication providers to submit more detailed information about their existing network and future needs, the new ordinance contains the following basic elements: Does not cover amateur radio antennas, satellite dishes, or other types of towers and antennas. Those are addressed separately. 1. Requires a pre - application conference with City officials. 2. Sets up a 3 tiered permit system for wireless communication towers: a. Class A Permits — Issued by Planning and Zoning Administrator b. Class B Permits — Issued by Planning Commission c. Class C Permits — Issued by City Commission ** Only the City Commission can grant waivers or exceptions to the adopted standards. 3. Established locational preferences 4. Towers no longer a permitted use in A -1 zones. Special Permit Required. 5. Applicants must provide an inventory of existing towers and an explanation as to why they can't co- locate their facilities on one of these towers. 6. No guyed towers are permitted. 7. Increased the required setback from residential areas. 8. Established design and appearance standards for new towers. AGENDA SECTION NO: 7 ITEM NO: 1 Page 2 Nature of Current Request CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 04/08/2013 4:00 P.M. ORIGINATING DEPARTMENT DEPARTMENT Development Services Planning BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: 1103 Nex -Tech has been working to develop a cellular service network in Salina over the past year. They have co- located antennas on the South High School tower, the East Crawford Recreation Area tower, and on top of the United Building and Marymount Administration Building, constructed towers on Franklin Street in the city and on the south side of Magnolia Road west of 1 -135 in Saline County and opened a retail store on South 9t" Street next to Hog Wild Barbecue. Nex -Tech has identified a gap in their service coverage in the east central portion of Salina and has been looking at options in the vicinity of the Bicentennial Center. The Oakdale Park, YMCA, Kenwood Park area has the highest cell phone traffic volume in the city at certain peak times when there are large crowds of people congregated in these areas for public events. Elite Wireless, working on Nex - Tech's behalf, has obtained authorization from the Salina Parks and Recreation Department to file an application for a Special Permit to allow construction of 150 ft. monopole tower, north of the Kenwood Cove lap pool, to serve as an antenna support structure for Nex -Tech and other future carriers. The proposed monopole tower would be designed as a "stealth" tower, meaning that all antennas would be located inside the poles and would be designed to support up to five (5) carriers. A 60 ft. x 80 ft. fenced in equipment area for equipment shelters would be located at the base of the tower surrounded by vegetative screening and landscaping. At this time there is no proposal to use the tower for other uses, such as a light pole or flag pole. Kenwood Park Area In 1917 the City of Salina acquired approximately 65 acres inside a bend of the Smoky Hill River for $30,000. This property was platted a year later as the Kenwood Park Addition to the City of Salina. The plat has remained unchanged since that time. In 1929 the City entered into a lease agreement with Saline County that allowed the County to establish and maintain a County owned and operated free fair in the park. The City reserved the right to continue to use the park area for public park purposes at all times except when that use would conflict with the use of the park by the County to operate its fair. The agreement also stated that buildings built by the County would remain the property of the County and buildings built by the City would remain the property of the City. This agreement was renewed and revised in 1959 and amended in 1977 to allow construction of the Bicentennial Center and again in 1988 to allow construction of a City Recreation Center which was never built. The 1988 Addendum to the Kenwood Park Lease Agreement expired and a new renewable lease with the County was negotiated in March of 2009. The existing public facilities in Kenwood Park are: CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 04/08/2013 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 7 DEPARTMENT BY: Development Services FINAL APPROVAL: ITEM Planning NO: 1 Page 3 BY: Dean Andrew BY: - Ag Hall — built in 1924 - Rodeo Grounds (former Blue Jay Stadium) — built in 1931 - 4 -H Building — built in 1969 - Former Municipal Swimming Pool — built in 1956 (now closed) - Bicentennial Center — built in 1977 - Kenwood Cove — built in 2009 The former swimming pool, Bicentennial Center and Kenwood Cove are City owned facilities. The Rodeo Grounds, livestock barns, Ag Hall and 4 -H building are County owned facilities. Historically the city's parks have been zoned R -1 (Single - Family Residential) to indicate that parks are an extension of the surrounding residential neighborhoods. Oakdale, Sunset, and Jerry Ivey Parks are all zoned R -1 and those are passive parks rather than having large activity centers or recreational facilities. Kenwood Park was also historically zoned R -1. In 1978, while the Bicentennial Center was under construction, the City Commission agreed to authorize the sale of cereal malt beverages and other alcoholic beverages at the Bicentennial Center. This authorization also included the fairgrounds (Ag Hall and the 4 -H Building). In order to receive and hold a CMB or drinking establishment license a facility must be in a zoning district that permits drinking establishments. The R -1 district does not permit such establishments. Therefore, the Planning Commission initiated the rezoning of the Bicentennial Center and fairground site from R -1 to C -3 which does permit drinking establishments. In March of 1979 approximately 57 acres of Kenwood Park was rezoned to C -3 to cover all the buildings and areas that might have the sale of beer and consumption of alcoholic beverages. The athletic field south of the Bicentennial Center which was being used by USD #305 was not included in the rezoning and remained zoned R -1. In 2009, after City staff received the design plans for the proposed Aquatic Center facility, Planning staff determined that there were some unique design and layout aspects of the facility that didn't fit within the parameters of the R -1 zoning district, the Conditional Use Permit process or really any standard zoning district in the city. In addition, there were a number of existing utility lines that needed to be relocated to accommodate the Aquatic Center project and this created new utility line alignments and a need to provide easements for the new lines to more clearly identify and protect those utility lines. Planning staff recommended that the Planned Development District process be used to address these design and layout issues. The Director of Parks and Recreation then filed an application to change the zoning classification of the proposed 5.91 acre Aquatic Center site from R -1 (Single - Family Residential) to PDD (Planned Development District). The PDD process allowed the Planning Commission and City Commission to create a customized zoning district for a proposed development including limitations on and the addition of uses as well as modified lot size, setback, parking, and landscaping requirements as well as bulk and density limitations. AGENDA SECTION NO: 7 ITEM NO: Page 4 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 04/08/2013 4:00 P.M. ORIGINATING DEPARTMENT DEPARTMENT Development Services Planning BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: R-W An ordinance (No. 09- 10500) changing the zoning of the Aquatic Center site to (PDD R -1) was approved by the City Commission on May 18, 2009. The approved PDD included the following exceptions and modifications: a). A reduction in the amount of required front yard setback along Kenwood Park Drive to allow two (2) inner tube storage structures to be located within nine (9) feet of the west ( Kenwood Park Drive) property line and to allow elevated slide tubes for the water slide to be located within nineteen (19) feet of the west property line. b). A variance to the 35 feet maximum structure height limit in the R -1 district to allow a proposed roof covering a stair tower platform for the water slides that would be 48 feet in height. c). An exception to Section 42 -552 (c)(7) to allow a shared parking arrangement with the Bicentennial Center without written assurances that the Bicentennial Center and Aquatic Center would operate at different or nonconflicting times. d). A modification of Section 42- 517(4) to allow an identification sign greater than thirty -two (32) square feet in size. e). An exception to Section 42 -63(a) to allow portions of a concession stand arbor and inner tube storage structure to be located within projected public utility easements. The PDD required that development within the district conform to the approved preliminary development plan, fencing plan, landscaping plan, signage plan and proposed building elevations which were incorporated by reference. Because this proposed wireless communication facility (support pole and equipment area) is located in a residential zoning district, it requires a Class C permit. Under the process set up in the Wireless Communication Facilities Ordinance, the Planning Commission must conduct a public hearing to review this request and forward its recommendation to the City Commission. The City Commission makes the final decision on this permit request. Applicable Zoning Ordinance Requirements Installation of wireless communication facilities requires approval of either an administrative permit (Class A Permit) issued by the Planning and Zoning Administrator or approval of a special permit (Class B or Class C Permit) by the Planning Commission or City Commission. Class C Permit AGENDA SECTION NO: 7 ITEM NO: Page 5 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 04/08/2013 4:00 P.M. ORIGINATING DEPARTMENT DEPARTMENT Development Services Planning BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: F1.0 The City Commission may issue a special permit following a public hearing and recommendation by the Planning Commission in the following cases: -An application to construct a tower in a residential zoning district. This application involves a request to construct a tower in a PDD (R -1) zoned public park. Therefore it falls within the Class C Permit category which requires City Commission approval. Locational Preferences. Wireless communication facilities shall be located and designed to minimize any adverse effects on surrounding properties, particularly residential properties. In its review of requests for new tower construction the City of Salina will give preferred status to locations where the existing topography, surrounding land uses, existing buildings or other structures provide the greatest amount of visual screening. Proposed towers in sensitive areas will be discouraged. Preferred locations for new wireless communication facilities are listed below: a. Publicly owned sites on which wireless communication facilities can be unobtrusively located with regard to visibility, aesthetic appearance and public safety. Such sites may include locating on existing buildings, light poles or water towers, co- locating on existing towers, screened roof -top facilities or other camouflaged sites for antennas and recreation areas, athletic fields, school grounds, maintenance yards and other publicly owned facilities for towers. Performance standards. Unless otherwise specified, all wireless communication facilities shall comply with the following performance standards. The Planning Commission may recommend and the City Commission may grant a waiver from these standards when supported by sufficient justification and if the purpose and objectives of this section would be better served thereby. (1) Height. The maximum height for a communications tower is 200 feet, excluding a lightning rod not to exceed 20 ft. All new towers in excess of 100 feet shall be designed to accommodate at least 2 providers and in excess of 150 feet at least 3 providers. [150 ft tower/ 5 providers proposed] (2) Design type. All towers shall be a monopole design unless specifically approved to be otherwise by the City Commission. Guyed towers shall not be permitted. [Stealth -type monopole tower proposed] (3) Setbacks. Towers shall be set back from any property line or a public right -of -way a distance equal to the tower height. [150 ft. setback from Kenwood Park Drive proposed] 4) Facility Appearance. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 04/08/2013 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 7 DEPARTMENT BY: Development Services FINAL APPROVAL: ITEM Planning NO: 1 Page 6 BY: Dean Andrew BY: a. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color to reduce visual obtrusiveness and so as to be consistent with the natural or built environment of the site. [Bronze finish proposed] b. The design of the equipment structure and any other associated permitted structures shall, to the maximum extent practicable, use materials, colors, textures, screening, and landscaping that minimize the visual impact and enhance compatibility with the surrounding natural or built environment. c. For co- located telecommunications facilities, the antenna and supporting electrical and mechanical equipment must be of neutral color that is identical to, or closely compatible with, the color or the supporting structure to minimize the visual impact and enhance compatibility with surrounding development. (5) Lighting. No signals, artificial lights, or illumination shall be permitted on any Facility unless required by the FAA or other applicable authority. Security lighting around the base of the tower may be provided if the lighting is shielded so that no light is directed towards adjacent properties or rights -of -way. (6) Security Fencing. Towers and associated accessory building /equipment shall be enclosed by a security fence or wall that is a minimum of six (6) feet in height and is equipped with an anti - climbing device or apparatus. Additional measures may be required as a condition of the issuance of an administrative permit as deemed necessary by the Planning Director or Planning Commission or the City Commission in the case of a special permit so long as the additional measures are reasonably related to a security issue. (7) Outdoor Storage. No outdoor storage of vehicles, materials, or equipment is permitted. (8) Signs. No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, but excluding warning signs, shall be allowed on any part of tower or antenna site. a. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than 40 feet apart; the height of the lettering of the warning signs shall be at least 12 inches and the signs shall be installed at least 5 feet above the finished grade; the warning signs may be attached to free standing poles if the content of the sign may be obstructed by landscaping. b. A sign on the gate indicating the name and address of the tower owner and a phone number where the tower owner can be reached 24 hours a day in case of an emergency. AGENDA SECTION NO: ITEM NO: Page 7 (9) 7 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 04/08/2013 4:00 P.M. ORIGINATING DEPARTMENT DEPARTMENT Development Services Planning BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: F1.0 Parking. Each facility site shall provide paved parking for use by maintenance personnel. (10) Landscaping. Facilities must comply with all applicable landscaping requirements of the Zoning Ordinance. At a minimum the landscaping shall consist of a landscape strip of not less than 10 feet in width planted with materials which will provide a visual barrier to a minimum height of 6 feet, as approved by the City. The landscape strip shall be exterior to any security fence or wall. Standards for Evaluation of Special Permit Applications 1) The Planning Commission or City Commission may approve, by special permit, a wireless communication facility in any zoning district after review and consideration of all of the following: 1. Conformity with the City's Comprehensive Plan. This factor deals with the question of whether the placement of a 150 ft. stealth pole in Kenwood Park to provide enhanced cellular service conforms to the city's Comprehensive Plan. The Comprehensive Plan does not specifically address the location and placement of cell towers. Consistent with its ownership and usage, the Future Land Use Plan map designates the Kenwood Park area as a Public /Quasi - Public land use and the Locational Preferences in the Wireless Communication Facilities ordinance lists publicly owned open spaces and recreation areas among the preferred locations for wireless communication facilities. 2. Preference of site location in accordance with Subsection (d). This factor deals with where the proposed location falls within the Preferred Locations listed in Subsection (d) of the Wireless Communication Facility ordinance. Because public open spaces, recreation areas, athletic fields, and school grounds tend to have large land areas that allow towers to meet setback requirements and to be separated and buffered from adjacent residential neighborhoods they are identified as Preferred Location Sites in the ordinance. Since the adoption of the current Wireless Communication Facilities ordinance, the City Commission has approved towers at the East Crawford Recreation Area (2001), Salina Stadium (camouflage light pole /tower in 2010) and next to the South High athletic field (2010) at least partially based on a finding that these sites were Preferred Location Sites under the ordinance. When the Planning Commission recommended denial of the placement of flagpole towers in AGENDA SECTION NO: ITEM NO: Page 8 7 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 04/08/2013 4:00 P.M. ORIGINATING DEPARTMENT DEPARTMENT Development Services Planning FISCAL APPROVAL: BY: FINAL APPROVAL: BY: Dean Andrew I BY: Indian Rock Park in 2012, it did not make clear whether it viewed all City Parks as inappropriate locations for stealth type cell towers or just Indian Rock Park. Staff believes that Indian Rock Park possesses certain historical and environmental characteristics, which are not shared by Kenwood Park, which has a more commercialized setting. 3. Compatibility with abutting property and surrounding land uses. This factor deals with whether the location and type of proposed wireless communication facility would be compatible with the surrounding area. A summary of surrounding zoning and land uses is as follows: North C -3 / Bicentennial Center East C -3 / County fairground buildings South PDD (R -1), R -3 / Kenwood Cove, Salina YMCA West R -1 / Oakdale Park This factor requires evaluation of whether the location, height, design and aesthetic appearance of the proposed facility would be visually obtrusive and /or incompatible with its surroundings. The applicant has put forward a proposal for a "stealth" design monopole because they believed that "stealth" design would be more compatible with a public park setting than a standard monopole tower with exterior antennas. Given the presence of large structures in Kenwood Park and the number of existing light poles in this vicinity, staff believes a 150 ft. monopole in Kenwood Park would be less visually obtrusive than in other park locations. 4. Adverse impacts such as visual, environmental or safety impacts. This factor deals with whether the proposed location and design of the wireless communication facility would adversely affect the visual environment, damage environmental features or create a risk to public safety. The proposed tower site is in a public space that connects the Bicentennial Center parking lot to the Kenwood Cove Aquatic Center. There are already existing light poles in the vicinity and the fenced in equipment area would not disrupt or remove any features of Kenwood Park. 5. Color and finish of proposed tower This factor deals with whether the color and finish of the tower would be compatible with its surroundings. The proposed pole could be white or metallic in color, whichever color the Commission deems CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 04/08/2013 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 7 DEPARTMENT BY: Development Services FINAL APPROVAL: ITEM Planning NO: 1 Page 9 BY: Dean Andrew BY: most compatible. It will look like an oversized light pole with no external antennas. 6. Screening potential of existing vegetation, structures and topographic features. This factor deals with whether conditions currently exist or can be created to screen the proposed tower site. With the Bicentennial Center on the north, a large storage building on the east and the Kenwood Cove water park on the south, the tower site will be somewhat screened from view from all sides but the west. 7. Potential for adequate screening of proposed facilities, ground level equipment, and tower base. This factor deals with whether conditions exist or can be created to screen the fenced in area. The applicant is proposing to plant a landscape buffer around the perimeter of the fenced in area. 8. Scale of the facility in relation to surrounding land uses. This factor deals with the scale of the proposed facility in height compared to surrounding land uses. Staff would note that in addition to the height of the Bicentennial Center itself, the Bicentennial Center has two (2) parking lot light poles that are 115 ft. and 100 ft. tall. Their presence would make a 150 ft. tower less noticeable. 9. Impact on entry corridors into the city. This factor deals with whether the proposed facility would negatively affect an entry corridor into the city. Kenwood Park is not located at an entryway into the city. 10.Impact on landmark structures /historically significant structures or district or architecturally significant structures. No buildings in Kenwood Park are on the National or State Register of Historic Places nor is it within the environs of a National Register property. Kenwood Park is designated as a Conservation property which means that buildings within the Kenwood Park complex are protected from demolition or removal without a review by the Heritage Commission. AGENDA SECTION NO: 7 ITEM NO: Page 10 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 04/08/2013 4:00 P.M. ORIGINATING DEPARTMENT DEPARTMENT Development Services Planning BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: R-W Staff would note that while Nex - Tech's proposal would alter the visual appearance of the park it would not demolish or remove any significant feature of the park. There would be a review conducted by the Kansas State Historic Preservation office if a monopole tower is proposed for construction (federal law requires a NEPA review of all tower sites) but their review will be limited to the potential impact on National or State Register properties. 2) An application to construct new towers may be denied if the applicant has not shown by substantial evidence that it has made a good faith effort to mount the facilities on an existing structure and /or tower. Staff would request that representatives of Next -Tech describe their efforts to co- locate their antennas on an existing structure in this service area. Staff Comments /Analysis The proposed site in Kenwood Park north of Kenwood Cove Aquatic Center is one of the Preferred Location Sites (publicly owned site used for park and recreation purposes) for new towers and Nex - Tech is proposing what would be considered a "stealth" design — also encouraged by the City's ordinances. Not all public park land, athletic fields and open space throughout the city are equal; some have different attributes and environmental settings than others. The role of the Planning Commission in this case is to review Next - Tech's proposal in light of the factors listed above and to determine whether their proposed placement of a "stealth" monopole 150 ft. in height in the area between Kenwood Cove and the Bicentennial Center parking lot or some alternative proposal would be compatible with the Kenwood Park setting and surrounding land uses. PLANNING COMMISSION RECOMMENDATION: The Planning Commission conducted a public hearing on Application #SP13 -1 on March 19, 2013. Following presentation of the staff report, comments from Richard Gaito, representing Nex -Tech Wireless, comments from Parks and Recreation staff and comments and questions from Planning Commission members, the Planning Commission voted 7 -0 to recommend approval of Nex - Tech's application to allow the placement of a 150 ft. monopole and 60 ft. x 80 ft. fenced in equipment area at the north end of the Kenwood Cove Aquatic Center site finding that: 1. Recreation areas are identified as preferred locations for new tower sites and the proposed tower site will not negatively impact the ability of the Kenwood Cove Aquatic Center to expand its facilities in the future. (Standard #2). 2. The proposed location, tower design, height and aesthetic appearance of the proposed facility would not be visually obtrusive or incompatible with its surroundings which are all public /quasi- public facilities. (Standard #3). AGENDA SECTION NO: 7 ITEM NO: Page I I CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 04/08/2013 4:00 P.M. ORIGINATING DEPARTMENT DEPARTMENT Development Services Planning BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: F1.0 3. The proposed color and finish of the tower (bronze) would be compatible with other light poles in the vicinity. (Standard #5). 4. The applicant is proposing to plant a landscape buffer around the perimeter of the fenced in equipment area to screen equipment shelters and equipment from view. (Standard #7). 5. The proposed stealth monopole would not be out of scale with its surroundings due to the height of the nearby Bicentennial Center and two existing parking lot light poles which exceed 100 ft. in height. (Standard #8). 6. Kenwood Park is not a visual getaway into the city and the proposed tower would not have a negative impact on any historically significant resources. (Standard #9 & #10). In their action recommending approval of this Special Permit application, the Planning Commission included the following conditions of approval: 1. The tower shall be a stealth design monopole tower 150 feet in height and shall be bronze in color. 2. Site security for the fenced in equipment area shall be provided by an 8 foot wrought iron fence. 3. Buildings located within the fenced in equipment area shall not exceed 12 feet in height. 4. The fenced in equipment area shall be surfaced with gravel, ag lime or some other all weather material to allow for vehicle access and to discourage weed growth. 5. A detailed planting plan for the visual buffer around the perimeter of the fenced area shall be approved by staff prior to issuance of a wireless communication facility permit for the tower. 6. A ground lease between Nex -Tech Wireless and the City of Salina shall be executed prior to issuance of a wireless communication facility permit for the tower. COMMISSION ACTION: Staff has identified the following alternatives for the City Commission's consideration: 1. If after reviewing the locational preferences in Section 42 -69(d) and the performance standards in Section 42 -69(g) of the Wireless Communication Facilities Ordinance, the City Commission AGENDA SECTION NO: 7 ITEM NO: Page 12 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 04/08/2013 4:00 P.M. ORIGINATING DEPARTMENT DEPARTMENT Development Services Planning BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: R-W concurs with the findings and the recommendation of the Planning Commission, a motion should be made to approve the Special Permit as requested with or without any conditions or modifications. [This would require 3 affirmative votes]. 2. The City Commission could request that the applicant modify their proposal and approve a Special Permit for a plan that: a. reduces the height of the pole; or b. changes the proposed pole location and / or c. reduces the size of the proposed fenced equipment area; d. relocates the proposed fenced equipment area; or e. eliminates the fenced equipment area altogether. [This would require 3 affirmative votes]. 3. The City Commission could return this application to the Planning Commission to provide enhanced findings as to their reasons for recommending approval of the Special Permit application. [This would require 3 affirmative votes]. 4. The City Commission could overturn the Planning Commission's recommendation and deny the applicant's request for a Special Permit if it disagrees with the Planning Commission's findings as to the suitability of this location for a monopole tower. The attached Resolution contains a summary of the Planning Commission's findings and conclusions in written form. If the City Commission concurs with the findings of the Planning Commission, Resolution No. 13 -6994 may be approved as drafted. In the alternative, because this is a quasi - judicial matter, the City Commission may recess into closed session with the City Attorney to develop alternative written findings in support of the City Commission's decision for incorporation into a modified resolution. Encl: Application Nex -Tech Proposal Vicinity Map / Site Plan Elevation Drawings Excerpt of 3/19/13 PC Meeting Minutes Resolution No. 13 -6994 cc: Dion Louthan, Parks and Recreation Dept. J C Sadler, Elite Wireless Richard Gaito, Nex -Tech CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 04/08/2013 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 7 DEPARTMENT BY: Development Services FINAL APPROVAL: ITEM Planning NO: 1 Page 13 BY: Dean Andrew BY: DEVELOPMENT SERVICES TELEPHONE (785) 309 -5720 PLANNING AND COMMUNITY DEVELOPMENT FAX (785) 309 -5713 300 West Ash - P.O. Box 736 WEBSITE www.salina- ks.4ov Salina, Kansas 67402 -0736 .5P 13 -1 Application No. APPLICATION FOR WIRELESS COMMUNICATION FACILITY FOR STAFF USE ONLY Application No. S P 13-1 Applicant Name F b+0 i re.l a ss Received by To the applicant: Date EL61ruar,► 1 _ 2013 By filling out this application form in full, and attaching it to the materials requested, you will assist the City of Salina in its effort to promptly review your application for setting a wireless communication facility within the city. The information requested by this application is the rninimum required under Section 42 -69 of the City's Zoning Ordinance. You should submit any additional information or materials you believe will assist the Planning staff in its review of your proposal. This application is required for changes to antennas, ground cabinet installations or modifications, and co- locations on existing towers in addition to proposed tower construction and antenna mounts on existing buildings or structures. Under the ordinance, certain conditions allow the City's Zoning official to issue an administrative permit for an attached wireless communication facility. Other conditions require the approval of the Planning Commission and / or City Commission. Though you may have an idea of which process will be appropriate to your situation, you will be contacted as soon as possible when the Planning staff makes a determination as to whether a Class A, B or C permit is required. This application must be filled out in full, and must bear the signature of the property owner (or the duly authorized representative of all ownership interests) as well as the signature of the applicant, or applicant's representative. Additionally, the appropriate application fee must accompany this application. Incomplete applications or those submitted without the proper fee will not be processed or scheduled for a public hearing. PLF -029 WIRELESS COMMUNICATION FACILITY APPLICATION PROPERTY OWNER'S INFORMATION Name City of Salina Kansas Street Address city State Zip Phone (home) (office) (fax) Email address Owners Signature Date APPLICANT INFORMATION Name Nextech Wireless Street Address 3001 New Way Road city Hays state KS Zip 67601 Phone (home) 785 -621 -3629 Email addrwsrgaito@ntwis.com Applicant's (office) (fax) LOCATION OF PROPOSED FACILITY Date 02/07/2012 Address 800 Midway Street Salina KS 67401 Legal Description SE 1/4 Section 13 -T14 S ROW 3 W of the 6th PM Salina Kansas Existing zoning of parcel PDD(R -1 ). Existing use of parcel Aquatic Center CHARACTERISTICS OF PROPOSED FACILITY Will the facility and its accessory equipment be: Connected to an existing building or structure? NO Collocated on an existing Wireless Communication Facility, approved by the City of Salina for Co- location? NA Anew tower or other structure designed to physically accommodate other co- located users? YE$ If you answer "yes" to any of the above questions please provide details in Attachment "D" to this application. Type of permit requested Class A Class B Class C X PLF -029 Page 2 of 3 WIRELESS COMMUNICATION FACILITY APPLICATION ATTACHMENTS All attachments listed below must be included. Please letter each attachment as indicated. I� ,) A. Legal description of the entire property, including a separate description of the proposed lease area. B. Project site plans for the proposed site and overall parcel prepared in accordance with the requirements of the City of Salina Zoning Ordinance. If a new tower is proposed, the site plan shall include a detailed plan of the tower compound including any proposed equipment buildings, landscaping or screening. A maintenance plan, and any applicable maintenance agreement shall accompany the site plan. CC. Statement of Need for the proposed facility. 13 ?, C 1 D. Full description of the proposed facility, including the support structure and any accessory buildings. This description must demonstrate a justification for the proposed height of the structure and an evaluation of alternative designs that might result in lower height. P E. Engineer's certification regarding structural integrity of the proposed structure. F. A soils report from a geotechnical engineer licensed in Kansas confirming the suitability of the site's soil conditions for the proposed use, if required by the Building Official. not required into city code G. Affidavit signed by the owner and applicant describing the security to ensure removal of the facility upon abandonment. H. Map showing existing and known proposed wireless communication facilities within City of Salina and in adjacent areas relevant to co- location or demonstration of need. If any information is trade secret and /or confidential commercial information, which the applicant wishes to remain confidential, Attachment H should include a request for confidentiality. I. Payment of the appropriate fee (see Comprehensive Fee Schedule) to the City of Salina. J J. Other materials at discretion of applicant. CONTACT PERSON If different from the "Contact Person" listed above for purposes of this application, please provide the following information concerning the person to contact for ongoing engineering, maintenance and other notice purposes during the life of the proposed facility. Contact person's name JC Sadler Contact person's address 2201 Long Prairie Ste 107 Box 373 city Flower Mound State TX Zip 75022 Phone (home) (office) (fax) 817 -457 -8405 (cell) 817- 999 -8478 Email jc @ewtowers.com PLF -029 Page 3 of 3 Exhibit A Salina Family Aquatic Center Zoning Legal Description A tract of land being a portion of the Southeast Quarter of Section 13, Township 14 South, Range 3 West, of the 6th Principal Meridian, Saline County, Kansas; being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter; Thence on an assumed bearing of South 00 °10'41" East along the East Line of said Southeast Quarter, a distance of 836.18 feet; Thence South 89 °49'19" West, a distance of 1895.71 feet to the Point of Beginning of the tract being described; Thence on a curve to the right having a radius of 540.54 feet, a bearing of North 88 °02'41" West, a chord distance of 295.92 feet, arc length of 299.75 feet; Thence on a curve to the right having a radius of 245.00 feet, a bearing of North 28 °22'50" West, a chord distance of 337.34 feet, arc length of 372.08 feet; Thence North 15 °07'36" East, a distance of 42.56 feet; Thence on a curve to the right having a radius of 310.00 feet, a bearing of North 29'37'04" East, a chord distance of 155.14 feet, arc length of 156.81 feet; Thence North 44 °06'32" East, a distance of 299.60 feet; Thence South 50 °18'27" East, a distance of 228.44 feet; Thence South 1'39'34" West, a distance of 47.64 feet; Thence South 20 °53'22" West, a distance of 52.92 feet; Thence South 69 °06'38" East, a distance of 18.46 feet; . chord and an chord and an chord and an Thence South 1'3934" West, a distance of 448.62 feet, to the Point of Beginning. Contains 5.91 Acres more or less. CITY OI` SAUNA Dept. of Public Works Engineoring Dlvlalon 300 WEST ASH SALINA, KANSAS 67401 PH: 785.309.5725 FAX: 785.309.5713 BY. DATE. PROJ. NO.- jfh May. 09 PROJECT SHEETS OP ;alina Family Aquatic Center 1 1 1 02/07/2013 Dean Andrew City of Salina 300 W Ash Room 201 Salina KS 67401 Mr. Andrew Please find application for the Salina Bicentennial site that Nextech Wireless is proposing. We want to have this site on the docket for the March 19'h meeting. Mr Louthan will be bringing an authorization letter to accompany this application on 02.082012. If you need anything else of have any questions please let us know. Thanks, JC Sadler President Elite Wireless 817- 734 -1141 PARKS & RECREATION DEPARTMENT Dion Louthan Director 300 West Ash Street, Rm. #100 Salina, Kansas 67401 February 7, 2013 City of Salina 300 W. Ash, Room 201 Salina, KS 67401 Re: Nex -Tech Wireless Application Dear Mr. Andrew: lcakyf Telephone: (785) 309 -5765 FAX: (785) 309 -5769 TDD: (785) 309 -5747 E -Mail: dion.louthan @salina.org Is • Website: www.salina- ks.gov As the owner of the property known as Kenwood Cove Aquatic Complex, please be advised that Nex -Tech has the Parks and Recreation Department's authorization to file a zoning application for cell towers at this location. Should you have any questions, please contact me at your convenience. Sincerely, Dion Louthan Director of Parks and Recreation wireless Exhibit cdD 0 Nex -Tech Wireless is pleased to propose a 150' stealth flag pole. The proposed telecommunication facility will on currently unused City of Salina property. The tower is an ascetically pleasing stealth flag pole, the coax and antennas are contained inside the tower for a smooth outer surface. The stealth pole will be designed to accommodate up to five wireless carriers. The proposal will complement the adjacent properties including the Bicentennial center, city pool and livestock areas. The proposed conditional use at the specified location will contribute to and promote the welfare of convenience of the public. This tower will allow essential communication systems which include, but not be limited to, cellular/PCS communications, wireless internet communications, emergency services, enhanced E -911, 4G broadband voice and data services. Again the facility will be built for multiple systems, thus eliminating the need for additional tower facilities in the area. Included is a map of PCS coverage with and without the new facility. The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood. The coax and antennas are contained inside the tower for an aesthetically pleasing outer appearance. The proposal will use commercial power and telephone services, but will not use water or produce waste of any kind. Professional designed Xeriscape landscaping will be installed within the 10' perimeter of the compound with an edging. This landscaping will be an attractive additional with a functional screening of fence. Attached is the drawing of proposed landscaping. Maintenance plan for installed landscaping will be included with cities existing. No sewer facilities will be needed. The site will be designed with an enclosed compound proposed 60' x 80' to hold all relevant communications facilities. Fencing will be rod iron 8' in height with two 10' metal gates. A small access road is proposed requiring a curb cut, will be 20' wide with an approximate length of 40'. Parking would be on existing city parking lot. The proposed facility will be contained within the leased area, will not affect surrounding properties, and will be unmanned, so there will be no significant increase in traffic All surrounding areas on the underlying property will be undisturbed and returned to like new status if disturbed. The compound will utilize a crushed rock base, and will have areas for multiple carrier equipment pads and buildings for functionality. The compound will be kept clean, free of weeds, and will receive regular maintenance. The location and size of the conditional use the nature and intensity of the operation involved or conducted in connection with it and the location of the site with respect to streets giving access to it and such that the condition use will not dominate the immediate neighborhood or prevent development and use of neighboring property that compiled E 0 1 wireless with the applicable zoning district regulations. In determining whether the proposed condition use will dominate the neighborhood, consideration will be given to: Professional designed Xeriscape landscaping will be installed within the 10' perimeter of the compound with an edging. Attached is the drawing of proposed landscaping. This landscaping will be an attractive additional with a functional screening of fence. The proposed facility will be contained within the leased area, will not affect surrounding properties, and will be unmanned, so there will be no significant increase in traffic. Additionally the facility will not dominate the surrounding area; it is smaller than the nearby convention center. Also the facility will not prevent development of outlying areas, it is actually increasing development a small piece of undeveloped land could now create revenue for the city. Off - street parking and loading areas will be provided in accordance with the standards set forth in Article XI of this chapter, and such areas will be screened from adjoining residential uses and located to protect such residential uses from any injurious effect; Parking will be located in existing lot for the center. No existing residential properties are within approximate 1250 feet. Adequate utility, draining and other such necessary facilities have been or will be provided as required. The proposed will have underground power and telco ran to location. No sewer or water will be required. The facility will not impede drainage, as the slope of the land will not change. In addition, the rock in the compound will provide filtration of run off. The site is deemed not in a flood zone. Adequate access roads or entrance and exit drives currently exist. Parking will be in existing Bicentennial lot. A small access road is proposed requiring a curb cut, will be 20' wide with an approximate length of 40'. See site drawings. I 11 ti ---------- pr ' "is, OT T PLAT OF -"Vkv000 P/-IPJ-tl A[ 70 SALWA KANSAS AALILLBERR), I 11 ti ---------- pr ' "is, OT T PLAT OF -"Vkv000 P/-IPJ-tl A[ 70 SALWA KANSAS R -1 C -2 R -3 C -2 R -1 R -2 1 Inch = 300 Feet 1.9 R -2 Application #SP13 -1 Filed by Elite Wireless C -3 R -S 3q uest Area C -3 R -1 Application #SP13 -1 Filed by Elite Wireless R_1 /. / \ \ C -3 R -1 Request Are .2 N idfflk PDD er_St ,3 R -S C -3 C -2 :A27 •�J t ; R R -Z ..... 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S RD OUT(NE) 18•RCP�1 8 24.96 '�tZ7q,� J YM FO CLA ITY I FLI- 1217.45 TOO SITE PLAN / 00 LAP POOL ` RESTROOMS FILTER BUILDING CONCESSIONS BUILDING 1 OFFICE & + ADMISSIONS BUILDING Ff 4 it "Ail BATH HOUSE j TOWER PROPOSAL ii 11114 , yam � 0 t , r ' Application #SP13 -1 Filed by Elite Wireless ]Proposed Lease Area 4 � X Date: 3/13/2013 ` 0 W �-E 2 40 EASEMENT FOR PROPOSED SALINA EXPO TOWER SITE Located in the SE 1/4 Sec 13- T14S -R03W of the 6th P.M., Saline County. Kansas EfeCtricae „f Tronstorrrrar S J9:St't4" W 60 -017' — — -T--- P.O.G NW Comer of SE/4 Sec 7J- 774S -RJW Yi Reber sr/cap (per refs) �S r S � --- X--00" Po ! Gas -!me IV 391J4,14- r 41 Proposed 150' Stealth nag -Pate LA?' N 3650'00.Z7' (NAD63) 4M— W $T J6Px51- (NADSJ) O?CVNO ELEVA 1223 (NAVD6W) ¢i < Proposed 60'x100' l 10.0.9. ti (t case) Leone Arse, Proposed 60k80' » YR Compound Arno K/ S 50;25'46` E 6' N1^ouoht Ire" Farce 1DR00' N 507516" W 100.00' * Proposed C 20' Hide Accets/LNfty £oserftent to common Parklnq area. f- Proposed 10" Londscope C- .u. - --•- ^4 Butter Area .`' x +- Ete tricot JAmcf ;bN Bo.r N£ Corner of SC /4. Sec 13•- 774S• -R3W %" Rebar (per refs) EfeCtricae „f Tronstorrrrar S J9:St't4" W 60 -017' — — -T--- MERESTQNE SURVEYING CO 41Q N. 15euM 9t. E "se" . P: 31 NfB�4a r, 31 ,t `•t P Q t � t � Totco- -litre �� Exist +nQ � ! Gas -!me t MERESTQNE SURVEYING CO 41Q N. 15euM 9t. E "se" . P: 31 NfB�4a r, 31 (�l li $6� �O t yW i€8 (D (D 3; m tD m tD -_ 0 m sE fir' Sa R� — >a m o fa fD s J�4 ,�',•CiyF 40� C. P7, offstillo N. UTILITY BUILDING FOR NEX-TECH WIRELESS EQUIPMENT MOBT PLUNKETT ARCHITECT 113S 1"' 14ILL CITY. KS 67G,12 785-421-2006 r � 1 t1. � --- -�- - -- - —� - � � � - t __ - - -- -- — �; , ='a,1� ��� a v Designed Appurtenance Loading Elev DascApion 0 135 (3) 8' x 1' x 31n Papal Antennas (s) 1518' 134 (1) FLAG 12x18 2018 125 ur (8) 1 wit. 115 (3) 8' x 1' x 31n Panel Antennas (e) 1 5ar 105 (3) 8' x 1' x 3kt Papal Antennas (8) 1 518' 95 (3) 8 x 1' x Sin Panel Antennas (0) 1 SIB' 90 Special 5 Carder 30" x 50' Cylinder 0.3 0.34 Service Loads 17.1 2.8 207 0.5 0.53 R w � o a z zz a OI f b W N W c E 4 S E _ c E 2 c N 1 E 2 w° n h m f @ LO a v Designed Appurtenance Loading Elev DascApion Tx -Line 135 (3) 8' x 1' x 31n Papal Antennas (s) 1518' 134 (1) FLAG 12x18 2018 125 (3) e' x 1' x 31n Panel Antennas (8) 1 wit. 115 (3) 8' x 1' x 31n Panel Antennas (e) 1 5ar 105 (3) 8' x 1' x 3kt Papal Antennas (8) 1 518' 95 (3) 8 x 1' x Sin Panel Antennas (0) 1 SIB' 90 Special 5 Carder 30" x 50' Cylinder 0.3 Load Case Reactions 9p"al S Canter 30" x W Cyllador Base Plate Dimensions S7rape W kM TW -kaess Bolt Cicls Bolt M' Bolt DW-W Square 48.5' 1.75' 48.75' 4 2.25' Notes 1) Antenna Feed Lines Run Inside Pole 2) All dimensions are above ground level, unless otherwise specified. 3) Weights shown are estimates. Final weights may vary. 4) The Monopole was designed for a basic wind speed of 90 mph with 0" of radial ice, and 40 mph with 3J4" of radial ice, in accordance with ANSIrriA- 222-G-2 (2009), Structure Class II, Exposure Category C, Topographic Category 1. 1 10.6". 25,6"0 270'.90" t 10.5" z 25.6'@ 180',38T Sabre Cornnaln)cations corporation on Description Axial (kipal Shear (kips) Moment (RaQ Daneetlon (n) Sway (deg) 3s Gusted Wind 2018 11.1 838 1.9 2.15 35 GOSed wind 0.9 lead 15.5 11.1 832 1.9 2.13 3s Gusted WirNWoe 27.2 2.2 147 0.3 0.34 Service Loads 17.1 2.8 207 0.5 0.53 9p"al S Canter 30" x W Cyllador Base Plate Dimensions S7rape W kM TW -kaess Bolt Cicls Bolt M' Bolt DW-W Square 48.5' 1.75' 48.75' 4 2.25' Notes 1) Antenna Feed Lines Run Inside Pole 2) All dimensions are above ground level, unless otherwise specified. 3) Weights shown are estimates. Final weights may vary. 4) The Monopole was designed for a basic wind speed of 90 mph with 0" of radial ice, and 40 mph with 3J4" of radial ice, in accordance with ANSIrriA- 222-G-2 (2009), Structure Class II, Exposure Category C, Topographic Category 1. 1 10.6". 25,6"0 270'.90" t 10.5" z 25.6'@ 180',38T Sabre Cornnaln)cations corporation on 1..1... 5097.- J. AC.. a t1_ Opt3 -111 -- 2101 Murray Street _ ... .. yS Towers 6 Poles P.O. Sex 858 Customer ELITE WIRELESS LLC Sbux CB r IA 61102-01558 Ph_ (712) 266;°50 Site Name: Salina, KS Fex (11z) rbaao ,reax.den -**.d t—ia 11 yx..d. pWwty a seem Cam, Om Capaaltn, Cwar ea a tam Deactioion: 140' Flagpole Bevel m dmkmd M lam Coda C5. sea end slr6 rM b re Vod�a capW a eem in who* a W fa ary - •. •,. Date: ., , _.. .. __.. ._ _.. _.. ... .. BY: TRJ Page: axroae wrxhx er wann4 ee w6 wdmm --t ✓ awe Coneaalwmrs Capaelm. 12113!2012 No.: 13- 5097 -JAC -R 1 Opt. 3 �abr+ Date: 12/13!12 WComm oration is B HAC Garporsiion Y� Customer: ELITE WIRELESS LLC Site: Salina, KS 90' Monopole at 90 mph Wind with 0" ice and 40 mph Wind with 0.75" ice per ANSI/1 -IA- 222 -G -2005. Grade Two (2) #4 ties within top 5" of concrete PRELIMINARY -NOT FOR CONSTRUCTION- Dia. I I I I I I I I 1 I G- - - - - -I I I I I 1 I I —I I I I I I t I 1 ! I I I I I 0 0 v 7-- T - -T --9 t I 9 I I 1� 15' -0" ,I ELEVATION VIEW (17.74 Cu. Yds. each) (1 REQUIRED) Notes: 1). Concrete shall have a minimum 28 -day compressive strength of 4000 PSI, in accordance with ACI 318-02 2). Rebar to conform to ASTM specification A615 Grade 60. 3). All rebar to have a minimum of 3" concrete cover. 4). All exposed concrete corners to be chamfered 3/4 ". 5). The foundation design is based on presumptive clay soil as defined in ANSI/TIA- 222-G. It is recommended that a soil analysis of the site be performed to verify the soil parameters used in the design. Rebar Schedule per Pad and Pier (26) #8 vertical rebar w /hooks at bottom Pier w/#4 ties, two within top 5" of top of pier then 12" C/C Pad (16) #8 horizontal rebar evenly spaced each way top and bottom 64 Total) Information contained herein is the sole property of Sabre Communications Corporation, constitutes a trade secret as defined by Iowa Code Ch. 550 and shall not be reproduced, copied or used in whole or part for any purpose whatsoever without the prior written consent of Sabre Communications Corporation. 2101 Murray St - P.O. Box 658 - Sioux City, IA 51102 -0658 - Phone 712.258.6690 - Fax 712.258.8250 f tow _ .. -- �� � .. .� n - .r ? 's s i Salina Planning Commission March 19, 2013 Page 10 of 18 #5. Application #SP13 -1, filed by Elite Wireless on behalf of Nex -Tech, requesting approval of a Special Permit (Class C) to allow the placement of a Wireless Communication Facility in a PDD R -1 (Single - Family Residential) district. The subject property is the Kenwood Cove Aquatic Center located in the Kenwood Park Addition which is addressed as 701 West Kenwood Park Drive. Mr. Andrew presented the staff report with visual graphics which are contained in the case file. Chairman Ryan asked if there were questions of staff. Commissioner Perney asked if the proposal includes an actual flag or would this be a bronze monotype pole without a flag or light fixture. Mr. Andrew stated it is our understanding that this would not be a multi -use pole and is not intended to be an oversized flag pole but rather just a stealth monopole. Commissioner Mikesell stated the proposed lease area looks big and asked if this area is intended to be used for just one pole. Mr. Andrew stated the fenced in area is designed to accommodate multiple users and each user has their own equipment shed or cabinet. Commissioner Mikesell stated there aren't any buildings shown in the plan. Mr. Andrew referred to the compound layout and indicated the location of an equipment building on the drawing. He stated both equipment cabinets and equipment buildings are options for the users. Commissioner Welsh asked what maximum number of users could be accommodated in the proposed compound area. Mr. Andrew replied Mr. Gaito of Nex -Tech Wireless could address that question and clarify how many users the compound is designed for. Commissioner Mikesell asked if this project would result in a financial benefit to the City of Salina. Mr. Andrew replied yes, there would be revenue from a ground lease that would benefit the City for a purpose or use not yet determined. He stated there is not currently a lease in place but the Director of the Parks and Recreation Department has authorized the pursuit of a lease agreement on this site. Commissioner Norlin stated a discussion regarding the tower proposal at Indian Rock Park included a concern about noise and the aerial view indicates the tower site would be fairly close to the large pool at Kenwood Cove. He asked if the applicant had considered alternate locations. Salina Planning Commission March 19, 2013 Page 11 of 18 Mr. Andrew stated staff has researched the noise issue and would continue to dispute the noise concern because our research indicates the only noise would come from the generators located within the equipment buildings / cabinets and they are only used in the event of a power failure. Commissioner Norlin asked about noise from air conditioning units. Mr. Andrew stated if you visit any of the sites in town you won't hear a sound even if it's 100 degrees outside. He stated the most audible noise comes from the generators. He stated the building aesthetics are attractive at the school sites and their exterior appearance can be included in the lease arrangement. Commissioner Norlin asked about the applicant's reason for the proposed location. Mr. Andrew stated there is a boundary between the zoning lot that belongs to Kenwood Cove and the Bicentennial Center and in terms of the operating agreement with the Bicentennial Center management company it would be much easier and less complicated to locate on the park side. Commissioner Mikesell stated easier may not be better. He stated he has seen that grassy area adjacent to Kenwood Cove used by kids as a play area and by families as a picnic area and he would prefer to see the wireless facility located closer to the Bicentennial Center. He stated he is more concerned about the proposed buildings and would like to hear from the applicant. Mr. Andrew asked what specifically Commissioner Mikesell is concerned about with the buildings. Commissioner Mikesell stated four buildings would look a lot different than four cabinets. Commissioner Kennedy stated according to the landscape plan the buildings would be well hidden. Commissioner Mikesell stated the existing metal building adjacent to Kenwood Cove isn't attractive either. Commissioner Kennedy stated the proposed wireless facility may make the existing metal building look better. Mr. Andrew stated the setback requirement from Kenwood Park Drive is equal to the height of the proposed tower. He stated it's not a good idea to have parking underneath a cell tower because ice can build up in the winter. Comr- nissioner Mikesell asked about the tower distance from the lap pool at Kenwood Cove. Salina Planning Commission March 19, 2013 Page 12 of 18 Mr. Andrew replied there is no minimum requirement for the tower to be a certain distance from the lap pool. Commissioner Norlin stated the design doesn't show a building and that the landscaping plan would likely be different if there are four buildings / cabinets rather than only one. Mr. Andrew stated if you visit the wireless site located at the East Crawford Recreation Area you would not be able to tell how many buildings there are because you can't see through the landscaping. He stated fencing is there for security and the landscaping outside the fence serves as a buffer. He stated the Commission can recommend that the buildings be attractive. Chairman Ryan asked if there were further questions of staff; there being none, he asked the applicant to address the Commission. Mr. Richard Gaito, Nex -Tech Wireless, stated in order to grow their market in this area, Nex -Tech decided to expand in the Salina / McPherson corridor. He stated so far there have been 26 towers permanently built or co- located on with 9 locations in the city of Salina. He stated Nex -Tech is asking for approval of a 150 ft. monopole with no lighting and no flag. He stated the proposed monopole can house up to five total carriers and the compound area is sized accordingly. He stated the proposed location was selected because there is a void in this service area which prompted the previous request for a tower at Indian Rock. He stated in terms of landscaping, an 8 ft. high wrought iron fence similar to the fencing at Kenwood Cove will be used instead of chain link fencing. He stated xeriscaping will be used to provide low maintenance plantings of good quality and the desired height to provide a buffer. He stated the air conditioners make no more noise than a typical residential air conditioning unit and they cycle on and off as needed. He stated the generators only come on during a power outage and it is unlikely there would be anyone around in a power outage to be bothered by the noise. He stated the proposal addresses service needs in this area as well as the City's requirements for co- location for future tenants at the proposed location. He stated the basic terms of the lease agreement have been worked out with the City Manager's office and the Parks and Recreation Department. He stated this is the most expensive site that Nex -Tech Wireless has built. Chairman Ryan asked if there were further questions of the applicant. Commissioner Mikesell asked about the enclosure height compared to the buildings / cabinets contained within it. Mr. Gaito stated Nex - Tech's buildings are 8 ft. high which is the same height as the fence. Commissioner Mikesell asked about other providers. Salina Planning Commission March 19, 2013 Page 13 of 18 Mr. Gaito stated the buildings commonly used are 8 ft. high. Commissioner Mikesell asked if the Commission can regulate the height. Mr. Andrew replied the Commission could add a condition that any buildings placed within the fenced in compound could not exceed the height of the fence. Mr. Gaito stated that would work for Nex -Tech but we may get some feedback from other providers that their standard building is 10 ft. tall. Commissioner Welsh stated as hard as it is to find a location, if other providers want to co- locate on this tower they should be able to make their buildings fit. Mr. Gaito stated Verizon buys a standard building by the thousands. He agreed with Commissioner Welsh that it wouldn't likely be a deal killer. Commissioner Perney stated there are a number of other small buildings and structures in proximity to this site that are at least 12 ft. high. He stated he would be willing to allow up to 12 ft. high on the buildings within the compound. Chairman Ryan asked if there were further questions of the applicant. Commissioner Norlin asked if there has been any discussion about locating antennas on the Marymount Administration building owned by Don Marrs. Mr. Gaito stated Nex -Tech is already located on Marymount at one of the highest points. He stated he understands there is additional space available there now. Commissioner Kennedy stated cell towers have become a necessary evil and many people have 2 -3 wireless devices each. He stated he is pleased to see a Kansas company involved. He stated this project is good for the state and for -the Salina community. Mr. Gaito stated Nex -Tech recently opened a retail location in Salina and is planning to upgrade their service to 4G in the next few months. Commissioner Mikesell asked Mr. Gaito if Salina is the biggest town Nex -Tech is located in. Mr. Gaito replied yes. Chairman Ryan stated he is glad Nex -Tech is here and he appreciates the additional capacity because Salina is a step behind Manhattan and every community east of here. Mr. Gaito stated Nex -Tech is working to change that. Commissioner Kennedy asked Mr. Gaito if a bronze tower would be okay. Salina Planning Commission March 19, 2013 Page 14 of 18 Mr. Gaito replied yes, the standard colors are white and bronze. Chairman Ryan thanked the applicant and asked if there were any questions or comments from the public; there being none, he brought the item back to the Commission for discussion. Commissioner Mikesell stated he agrees with Commissioner Kennedy in that cell towers are a necessary evil but our community's growth is based on factors such as bandwidth. Commissioner Welsh stated he had a question for the Parks and Recreation Department representative. Mr. Chris Curtis, Recreation Superintendent, introduced himself to the Commission. Commissioner Welsh asked if ten years down the road we might regret allowing this tower in the proposed location because we may outgrow the Kenwood Cove facility and have nowhere to expand. Mr. Curtis referred to the aerial map and stated the mounded area is slated for future growth or new features and there are some other areas available for expansion as well. Commissioner Welsh asked about the terms of the lease. Mr. Gaito replied there would be an initial term of (5) five years with the potential for five (5) renewals of Five (5) years each for a total of thirty (30) years. He stated a twenty - five (25) year lease is normal but Nex -Tech is requesting an additional five (5) years to help recoup the cost of the $100,000 stealth monopole. Mr. Curtis stated there would be a financial gain to the City with the money set aside from this lease to address needs within the community. Commissioner Welsh stated he assume Parks and Recreation staff are the experts and will appropriately address potential future concerns. Mr. Curtis stated at some point in the future it may make sense to decentralize and add an additional pool elsewhere in the community but there is ample room at the current site ( Kenwood Cove) for expansion. M01 -ION: Commissioner Kennedy made a motion to approve Application #SP13 -1, including the fencing and landscape plan, based on the ten (10) Performance Standards listed in the staff report and with the conditions that the pole be bronze in color and that the height of any structure within the compound not exceed 12 ft. SECOND: Commissioner Perney Salina Planning Commission March 19, 2013 Page 15 of 18 VOTE: Motion carried 7 -0. Administrative Items #6. Application #P13 -2/2A, Filed by the City of Salina, requesting approval of a final plat of a portion of City owned property acquired as part of the North Ohio Overpass Project (To be platted and known as the Ohio and York Addition). Mr. Andrew presented the staff report with visual graphics which are contained in the case file. Commissioner Perney referred to the aerial photo and stated the gravel turnaround in the property north of York is used for truck parking, presumably by Midway Wholesale or their customers. He asked what City agency is in charge of managing the City owned property and will we continue to allow it to be used this way. Mr. Andrew replied Parks and Recreation takes care of the landscaping but overall maintenance is done by Public Works / Engineering. He stated there have been encroachment and trespassing issues before and we've reminded abutting owners it's not their property to use. Chairman Ryan asked if there were further questions of staff; there being none, he asked if there were any questions or comments from the public; there being none, he closed the public hearing and brought the item back to the Commission for discussion. MOTION: Commissioner Kennedy made a motion to approve Application #P13 -2/2A with the two (2) conditions recommended by staff. SECOND: Commissioner Mikesell VOTE: Motion carried 7 -0. #7. Application #PDD81 -4M, filed by Chances, LC, requesting approval of a final development plan for Tract #7 and a portion of Tract #8 of the Central Mall PDD. The subject property is directly south of IHOP and is addressed as 2305 and 2315 South 9t" Street. Mr. Herrs presented the staff report with visual graphics which are contained in the case file. Chairman Ryan asked if there were questions of staff; there being none, he asked the applicant to address the Commission. Jeff Maes, 157 S. 7t" Street, of ComPro Realty stated the Taco Bell site was designed per their minimum standards based on the proposed building prototype and they will RESOLUTION NUMBER 13 -6994 A RESOLUTION APPROVING APPLICATION #SP13 -1, FILED BY ELITE WIRELESS, REQUESTING APPROVAL OF A SPECIAL PERMIT (CLASS C) TO ALLOW THE PLACEMENT OF A WIRELESS COMMUNICATION FACILITY ON PUBLIC PARK LAND LOCATED IN A PDD R -1 (SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT DISTRICT), AS PROVIDED AND ALLOWED BY SECTION 42 -69 OF THE CITY CODE OF THE CITY OF SALINA, KANSAS. WHEREAS, Elite Wireless submitted an Application for Special Permit designated Application No. 13 -1 on behalf of Nex -Tech Wireless, on February 7, 2013, for the placement of a stealth design monopole 150 feet in height to serve as a support for antennas installed by cellular service providers and a fenced -in area for support equipment within Kenwood Park on the grounds of the Kenwood Cove Aquatic Center; and WHEREAS, pursuant to City Code Section 42 -69, the Application was placed before the Salina Planning Commission, wherein the same was recommended for approval following a public hearing held on March 19, 2013, and the matter was set before the City Commission for final determination on April 8, 2013; and WHEREAS, based upon consideration of the submissions of the applicant, City staff and input from a public hearing on March 19, 2013 wherein the applicant, City staff and interested parties were heard as to the matter; SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. Subject Property. That the subject property is described as: A tract of land being a portion of the Southeast Quarter of Section 13, Township 14 South, Range 3 West of the 6th Principal Meridian, Saline County, Kansas, being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter; Thence on an assumed bearing of South 00 °1041" East along the East Line of said Southeast Quarter, a distance of 836.18 feet; Thence South 89'49'19" West, a distance of 1895.71 feet to the Point of Beginning of the tract being described; Thence on a curve to the right having a radius of 540.54 feet, a chord bearing of North 88 °02'41" West, a chord distance of 295.92 feet, and an arc length of 299.75 feet; Thence on a curve to the right having a radius of 245.00 feet, a chord bearing of North 28 °22'50" West, a chord distance of 337.34 feet, and an arc length of 372.08 feet; Thence North 15 007'36" East, a distance of 42.56 feet; Thence on a curve to the right having a radius of 310.00 feet, a chord bearing of North 29 °37'04" East, a chord distance of 155.14 feet, and an arc length of 156.81 feet; Thence North 44 °06'32" East, a distance of 299.60 feet; Thence South 50'l 812711 East, a distance of 228.44 feet; Thence South 1 °39'34" West, a distance of 47.64 feet; Thence South 20 °53'22" West, a distance of 52.92 feet; Thence South 69 °06'38" East, a distance of 18.46 feet; Thence South 1'3934" West, a distance of 448.62 feet, to the Point of Beginning. Said tract contains 5.91 Acres more or less and is addressed as 701 West Kenwood Park Drive. Section 2. Findings and Conclusions. That based upon the Standards for Evaluating Special Permit Applications in Section 42 -69(g) of the Wireless Communication Facilities Ordinance, the governing body finds and concludes: Recreation areas are identified as preferred locations for new tower sites and the proposed tower site will not negatively impact the ability of the Kenwood Cove Aquatic Center to expand its facilities in the future (Standard #2). 2. The proposed location, tower design, height and aesthetic appearance of the proposed facility would not be visually obtrusive or incompatible with its surroundings which are all public /quasi - public facilities (Standard #3) 3. The proposed color and finish of the tower (bronze) would be compatible with other light poles in the vicinity. (Standard #5) 4. The applicant is proposing to plant a landscape buffer around the perimeter of the fenced in equipment area to screen equipment shelters and equipment from view. (Standard #7) 5. The proposed stealth monopole would not be out of scale with its surroundings due to the height of the nearby Bicentennial Center and the two existing parking lot light poles which exceed 100 feet in height. (Standard #8) 6. Kenwood Park is not a visual gateway into the city and the proposed tower would not have a negative impact on any historically significant resources. (Standards 49 & #10). Section I. Approval and Conditions and /or Restrictions. That based upon the findings and conclusions set forth above, Special Permit Application SP 13 -1, filed by Elite Wireless is approved, subject to the following conditions and /or restrictions: 1. The tower shall be a stealth design monopole tower 150 feet in height and shall be bronze in color. 2. Site security for the fenced in equipment area shall be provided by an 8 foot wrought iron fence. Buildings located within the fenced in equipment area shall not exceed 12 feet in height. 4. The fenced in equipment area shall be surfaced with gravel, ag lime or some other all weather material to allow for vehicle access and to discourage weed growth. 5. A detailed planting plan for the visual buffer around the perimeter of the fence shall be approved by staff prior to issuance of a wireless communication facility permit for the tower. 6. A ground lease between Nex -Tech Wireless and the City of Salina shall be executed prior to issuance of a wireless communication facility permit for the tower. Adopted by the Board of Commissioners and signed by the Mayor this 8th day of April, 2013 Norman M. Jennings, Mayor ATTEST: Lieu Ann Elsey, CMC, City Clerk