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Home My WebLink About08/20/2013 07 Communication Tower Facilities Public Hearing�r +, BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 8/20/2013 ITEM TITLE: Public hearing to consider amending YMC Chapter 15 relating to communication tower facilities. SUBMITTED BY: Steve Osguthorpe, AICP Community Development Director (509) 575 -3533 Mark Kunkler, Senior Assistant City Attorney (509) 575 -3552 SUMMARY EXPLANATION: By previous notice, a public hearing had been set to consider the Planning Commission's recommendation for adoption of a new comprehensive code pertaining to wireless communication facilities. However, at its August 7, 2013 public hearing, the Planning Commission responded to a request from the wireless industry for more time to review and respond to ongoing revisions of the proposed code, including exploration of more recent technologies that may help camouflage wireless facilities in residential and commercial districts. By motion, the Planning Commission noted it needs more time and recommended a one -month extension of the existing moratorium (extend through November 1, 2013). City staff has appreciated the comments and suggestions presented by members of the community and representatives of the wireless industry. Many of these comments and suggestions have been incorporated into the most recent drafts of the proposed code and others are under continuing review. City staff joins in the recommendation for an extension of the moratorium for an additional month, and has presented a motion to set a public hearing on September 3, 2013 so that the City Council may consider such extension. The public hearing currently set for August 20, 2013 will stand as scheduled, but would be used as an opportunity to present a status report and to hear from members of the public. We can also provide an update of status based on the Planning Commission's further discussions held on August 14, 2013. Resolution: Ordinance: Other (Specify): Contract: Contract Term: Start-Date: End Date: Item Budgeted: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Amount: Improve the Built Environment City Manager Staff recommends receiving public comment at the public hearing and provide a status report. ATTACHMENTS: Narne- Description. 0 Memo.Wireless Communication Facilities. MORATORIUM EXTENSION.Aug.20.2013.doc Memo to City Council CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Street Yakima, Washuigton %Rn (509)575bQ30 F" (,"P75 6160 MEMORANDUM August 14, 2013 TO: Honorable Mayor and City Council Tony O'Rourke, City Manager FROM: Mark Kunkler, Senior Assistant City Attorney SUBJECT: Status of Wireless Telecommunications Ordinance — Cell Towers A public hearing had been previously set to occur on August 20, 2013 before the city Council to consider a recommendation from the Planning Commission regarding a new comprehensive ordinance regulating wireless communication facilities. Staff and the Planning Commission have benefited from the comments, proposals and suggestions offered by many members of the community and the wireless industry. As a consequence, we are still exploring various revisions to the draft code, both to accommodate new technologies and camouflage techniques and to safeguard residential neighborhoods and other zoning districts. On August 7, 2013, the Planning Commission held a public hearing. After receiving much helpful comment, the Planning Commission desired more information regarding new technologies (such as "small cell ") and adopted a motion recommending that the existing moratorium be extended one month to accommodate this research and review. The request for the one -month extension was made by a representative of the wireless industry. Staff concurs with the recommendation of the Planning Commission. This will give the Planning Commission additional time to consider the current draft of the proposed code as well as proposed revisions. On the Council agenda for the meeting of August 20, 2013 is a motion to set date for public hearing on September 3, 2013 to consider extending the moratorium through November 1, 2013 (the original moratorium is set to expire October 1, 2013). For the public hearing set for August 20, 2013, we will provide a status report concerning the wireless communication draft code and the progress of the proceedings to date. August 20, 2013 Mayor Micah Cawley City of Yakima 129 North 2nd Street Yakima, WA 98901 Distribute tttt!?hL) Carol Tagayun AT &T Meeting ✓�/ 1.3 ).4694 Director 16631 NE 72 "d Way F 425 580.8652 External Affairs Room 11738 carol.tagayun @att.com Redmond, WA 98052 www.att.com RE: Proposed Amendment to Yakima's Zoning Ordinance for Wireless Cell Siting We appreciate the time and effort that is being undertaken by City of Yakima officials to establish wireless code changes that protect your most sensitive areas, but also allow Yakima residents access to faster mobile broadband service and the reliable wireless coverage that they depend upon for business, connecting with family and friends, and in emergency situations. While the most recent draft of code changes still contains provisions that are problematic, we are confident that a balance can be struck to establish a reasonable siting process that allows for the communications service Yakima residents deserve. In general terms, the remaining unresolved issues with the most recent draft of code changes from the August 14, 2013 commission meeting: • Predictability: The wireless industry needs a predictable process for siting in residential zones, with the option for administrative approval of designs that meet the criteria established in code. • Stealth: It is important to recognize that the design for "stealth" towers tend to reduce the capacity, coverage and colocation opportunities for individual sites. As a result, the tradeoff with employing "stealth" is generally that more cell sites are required to provide the same coverage that a more traditional tower would provide. Still, where it is the City of Yakima's objective to encourage "stealth" options, again we would encourage Yakima to actually incentivize the use of "stealth" by providing an easier process for administrative approval of desired designs. • Protections for historic districts: Establishing more stringent requirements for siting in historic districts is workable. Extending those more stringent requirements across most or all of the City of Yakima is not. • Extension of the moratorium: While we agree it is important to use the time provided by the moratorium to develop workable code, we believe that this can be accomplished with a one -month extension, rather than a 3 -month extension. At AT &T, we look forward to continuing to provide customers in Yakima coverage, reliable service and access to the latest and fastest network technology. 'C.7C.Y Proud Sponsor of the U.S. Olympic Team e� Sincerely, CarolTagayun ' Director, External Affairs — Washington State cc: Mark Kunkler, Senior Assistant City Attorney Robert Bass, AT &T External Affairs Michael Van Eckhardt, AT &T Legal Ken Lyons, Busch Law Firm PLLC Sarah Bristol, Council Rich Ensey, Council Bill Lover, Council Maureen Adkinson, Asst. Mayor Kathy Coffey, Council Dave Ettl, Council W Proud Sponsor of the U.S. Olympic Team 0