Agenda - Planning Commission - 07/10/2008

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2. Local regulations may not prohibit or have the effect of prohibiting the provision of personal wireless services. 3. Local units of government must act within a "reasonable period of time on any request by a provider to place, construct, or modify a personal wireless service facility. 4. A decision by a local unit of government to deny a request must be in writing and supported by substantial evidence. 5. A local regulation may not regulate the placement, construction, or modification of a facility based on the environmental effects of radio frequency emissions to the extent that such facilities comply with FCC regulations. It appears that the southern half of the community has the ability to be well served based on the current ordinance due to the proximity to industrial and commercial parcels which allow for cell towers. However, various sections of the City show potential gaps in coverage and will require construction of towers on residential parcels in order to achieve basic service needs. The major change as a result is amendments to the Tower Overlay District to allow for coverage within those gaps. Staff studied lot size and site conditions (natural resources, topography, etc.) to determine. the new overlay district. Furthermore, there exists an opportunity to co-locate antennas on to existing utility transmission lines in the northern section of the City to enhance coverage in that area. Attached is the proposed ordinance to amend City Code requirements for cell phone towers. The following is a summary of the proposed changes to the ordinance: · Antennas may be co-located on existing structures in parks; however, no new towers may be constructed within parks · Height limits have been adjusted to 100 feet in all zoning districts; an additional 20' may be granted if a minimum of two services are co-located on the tower · The 1 ~ acre requirement for lot size has been eliminated; lot size will be regulated by setback, which is the height of the tower plus 10 feet · Towers must still be designed to accommodate three users · Towers will not be allowed to be constructed in the Critical River Overlay District or Town Center Zoning Districts; however, antennas will be allowed to be mounted on existing structures in these areas · Towers and antennas will not be allowed to be constructed in the H-1 Highway Business District; this area is reserved for future Highway 10 alignment and construction of towers would result in added relocation costs · Towers will be allowed to be constructed the Public/Quasi-Public Zoning District Funding Source: The code revision is being processed as part of regular staff duties. Recommendation: Staff recommends the proposed ordinance amending City Code Section 9.15. 34