AT&T cell tower that drew opposition is slated to be built just outside Derby

A protested AT&T cell tower can be built near Derby after Sedgwick County commissioners approved a conditional use request.

Community members who oppose the tower brought health, aesthetic and property value concerns to the commission, but state rules prohibited commissioners from considering most of their comments.

The tower site – south of East 71st St. South and three quarters of a mile west of South Greenwich Road – was chosen by AT&T engineers to optimize coverage for people in Derby, according to Glen Klocke, a real estate agent representing AT&T.

The tower will sit on a 70 foot by 70 foot piece of agricultural land. There are no homes within 500 feet of the site, three within 1,000 feet and six within 1,500 feet.

The tower will be designed like another AT&T cell tower that was approved by the commission in 2021. That tower is south of Shelton Collision Repair auto body shop, off Patriot Avenue – about three and a half miles from where the new tower will be.

The first tower drew no public opposition when it was considered in Derby, according to the Derby Informer.

The new tower site sits just outside of Derby and is a part of the town’s urban area of influence. It drew several protesters to the Derby Planning Commission meeting in January, and the commission denied the request. However, in April the Metropolitan Area Planning Commission moved to approve the request, despite Derby’s decision.

Forty-six percent of property owners in the protest area around the tower site opposed the project. Since more than 20% opposed it, the request had to pass with a supermajority vote (4-1) at the county commissioners meeting Wednesday to be approved.

Ten members of the public came to the commissioner meeting to speak against the new tower. They were worried about property values declining because of the tower’s visual impact on the area and possible health problems caused by radio frequency emissions.

Derby City Council member Jack Hezlep focused on the visual impact of the tower during his comments to the commissioners.

“All the area can see this tower, and it’s going to be like a sore thumb,” he said.

He questioned why AT&T didn’t choose another site and suggested extending one of the tall lights surrounding the High Park ballparks to become a cell tower.

Another member of the public, Mike Goodin, brought up concerns about community health. He compared the effects of radio frequency emissions to lead poisoning, saying that even if something seems harmless today we may find out it isn’t in a few years.

A Kansas statute outlining the application process for wireless structures on public land doesn’t allow commissioners to take either of these concerns into consideration when voting on a request.

In response to questions about how the look of the tower would affect the area, a real estate property value study was conducted and shared at the meeting. It showed that where water towers and cell towers were constructed in Derby, Wichita, Eudora and Gardner, there was little effect on property values.

Commissioner Jim Howell, who represents the area, expressed his frustration with the state limitations before the vote. He said that because of the statute, the only argument someone could make against a tower like this would be the possible visual effect, but he thought health concerns should be a stronger argument.

“It seems like they’ve sealed up this thing so tight that there’s no way I can vote no,” Howell said. He did vote no, but he was the only one of the five commissioners to do so.

In response to an Eagle request for comment about the public opposition, an AT&T spokesperson reiterated that the new site will improve wireless connection in Sedgwick County.

“This cell site is part of our ongoing investment to improve wireless service for our Sedgwick County customers. We look forward to enhancing the area’s wireless capacity and providing residents and first responders with faster, more reliable service,” the spokesperson said.

The construction of the new cell tower will take six to eight weeks and there won’t be any lights on the tower once it is completed. A crane used for the construction will have flood lights, and it is expected to be at the site for up to three days. A start date for this project has not been set.