HomeMy WebLinkAboutMemo - Mail Packet - 5/10/2022 - Memorandum From Will Lindsey Re: Wireless Telecommunications Land Use Code UpdateCommunity
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MEMORANDUM
Date: May 5, 2022
To: Mayor and City Councilmembers
Through: Kelly DiMartino, Interim City Manager
Kyle Stannert, Deputy City Manager
Caryn Champine, Director of Planning, Development, and Transportation
Paul Sizemore, Director of Community Development and Neighborhood Services
From: Will Lindsey, City Planner
Re: Wireless Telecommunications Land Use Code Update
__________________________________________________________________
The purpose of this memo is to provide an update on the Wireless Telecommunication Land Use Code
Update project.
Bottomline: Our work continues in this effort, including extensive legal review. We are offering
Councilmembers an opportunity in June to participate in targeted conversations with project staff about
the policy topics and legal considerations during the code-drafting phase. Over the next few months, we
will continue advancing this work based on Council feedback and are prepared to come back to a Council
Work Session August 23rd for additional feedback. We are on schedule for November 2022 Council
adoption consideration.
Background
At the January 25th Work Session staff asked what feedback Council had on the Key Strategies as
detailed in the adopted Wireless Telecommunications Master Plan, and what strategies Council wanted
staff to focus on more than others. Overall, there was recognition at the Work Session of the tension
between providing good wireless service and good aesthetics. Co
supportive of the Key Strategies, with aesthetics and process improvements being their top priorities.
As a follow-up to that guidance staff has also included extensive legal review of the Land Use Code and
recommendations of the Wireless Telecommunications Master Plan. Based on that review the major
Whether to allow/prohibit macro towers in the right-of-way (in addition to small cell facilities)
Merging all regulations for small cell facilities and macro cell towers in the Land Use Code
Requiring concealment vs. camouflage for macro cell towers
Potential changes to the permitted use list in multiple zone district expanding where Wireless
Telecommunications Equipment (WTE) and Wireless Telecommunications Facilities (WTF) are
permitted
What process to use to permit WTEs and WTFs (BDR vs. Type 1)
Design standards within zone districts height limit, proximity to residential buildings, etc.
Whether to allow leases for cell facilities on City properties, and the appropriate process for that
For all these topics there is a continuum between addressing gaps and capacity issues in the network
and community aesthetics and concerns about RF protection. The original project timeline anticipated a
Council Work Session in May; however, given the breadth of topics a Work Session format is limited in
terms of what can be covered. Specifically, the intertwined legal risks related to regulating wireless
e Work Session. Therefore, in
place of a Work Session City Staff will be eliciting feedback from Council members via optional targeted
one-on-one meetings during the month of June to help inform draft changes to the Land Use Code. This
format will allow full exploration of the policy and legal implications of the complete list of topics covered
by this project. Alternatively, Council may propose to hold an executive session either in lieu of or in
addition to the targeted meetings.
Relationship to Other Projects
Staff anticipates that the majority of the Code changes will occur in Land Use Code Section 3.8.13, but
references to the wireless telecommunication uses appear across the Code. Since the Phase 1 LUC
project proposes reorganizing the Land Use Code it makes the most sense for the wireless
telecommunication code changes to be made after adoption of the Phase 1 LUC. As scheduled currently,
this project would come to Council after the Phase 1 LUC project. A separate memo is being provided to
Council outlining the full relationship between this project timeline and the other four projects underway
that will directly impact the Land Use Code.
While there is less urgency around the code changes than there is for other ongoing policy projects such
as the 1041 Regulations staff is staying on schedule and adhering to the commitment to bring changes
forward for adoption before the end of 2022. In addition to the Code update, a budget offer to fund the
development of a Wireless Telecommunications Design Guidelines document has been submitted for the
2023/2024 budget cycle that will come before Council in Fall 2022. For reference the projected timeline
for the remainder of the project is outlined below.
Key Next Steps with Council
CDNS Staff will
optional meetings for interested Councilmembers to discuss the policy topics list during the month
of June.
Following the targeted discussions with Councilmembers in June, City Staff will incorporate this
feedback into draft Code changes.
Then, City Staff will return for additional Council feedback on the full code amendment at the
August 23rd Work Session.
Additional Schedule Details