Planning Commission continues Verizon wireless permit hearing to April 23 after applicant requests delay

The Fort Scott City Planning Commission on March 22 granted a continuance for public hearing case 1049, Verizon Wireless's application for a conditional-use permit for a wireless communications facility at 2317 Maple Road, after the applicant was not present and asked to move the hearing to a later date.

The continuance was approved by voice vote after a motion to postpone the hearing until the commission's next available meeting. Commissioners set April 23 as the requested return date and noted that the formal notification requirements for a continuance had already been met.

Commissioners and staff discussed technical and safety concerns that have recurred during prior hearings on earlier proposals. Staff said the applicant had moved the proposed tower site farther north on the same property to address earlier objections; the new placement was described at the meeting as about 280 feet from the Merryman property, beyond the previously discussed fall zone. The proposal calls for a tower height that had been described in prior materials as roughly 234 feet. The application also proposes no obstruction lights on the tower.

Several commissioners and members of the public raised concerns about the absence of tower lighting and the possible hazard that an unlit structure could pose to low-flying aircraft or private pilots who might attempt emergency landings in nearby fields. Commissioners noted that marking and lighting requirements are governed by federal rules and the Federal Aviation Administration (FAA) oversees whether lighting is necessary for a given structure.

City staff said Verizon had filed the materials required by the city's application checklist and that the city clerk had copy of the submissions. Commissioners discussed whether additional information from Verizon's counsel or the FAA should be requested prior to the next hearing; several members said that a continuance would allow Verizon to address outstanding local concerns, including fall-zone calculations and FAA determinations regarding lighting.

After members discussed calendar constraints — including a 20-day notice rule tied to the date of March 22 — the commission voted to continue the public hearing to April 23 and asked staff to invite Verizon and to provide commissioners with the applicant's drawings and setback calculations before that date. The commission also scheduled a separate work session for April 9 at 3 p.m. for commissioners to review zoning code questions and procedure with city staff.

No final decision was made on the conditional-use permit at the March 22 meeting; the continuance was a procedural action to allow the applicant to appear and for commissioners to review additional materials before taking any formal vote.

The commission's next steps are to receive any additional submittals from Verizon, review FAA or airport-manager communications if available, and reopen the public hearing on April 23 at the commission's regular meeting.