Full Text
DRAFT City Hall 15670 NE 85th Street • PO Box 97010 • Redmond, WA 98073-9710 Planning Commission Report To: City Council From: Planning Commission Staff Contacts: Erika Vandenbrande, Director, Planning and Community Development, [PHONE REDACTED] Steve Fischer, Manager, Development Review, [PHONE REDACTED] Sarah Pyle, Manager, Strategic Initiatives, [PHONE REDACTED] Scott Reynolds, Planner, [PHONE REDACTED] Kimberly Dietz, Senior Planner, [PHONE REDACTED] Cameron Zapata, Planner, [PHONE REDACTED] Date: March 13, 2019 File Numbers: LAND-2019-00094, SEPA-2019-00100 Planning Commission Recommendation: Approval Title: Amendment to Redmond Zoning Code Regarding Wireless Communication Facilities Recommended Action: Adopt recommended amendments to the Redmond Zoning Code (RZC) as shown in Exhibit A. Summary: The recommended amendments provide updates to the RZC in response to a new ruling by the Federal Communications Commission (FCC) regarding deployment of Fourth (4G) and Fifth (5G) Generation mobile communication system infrastructure. The amendments are limited in scope, ensuring the City’s compliance with federal regulations for Wireless Communications Facilities — 47 CFR Part 1 (effective January 14, 2019) including timelines (“shot clocks”), minor aesthetic standards, clarification of definitions, and a deadline of 180 days after publication of the FCC’s decision during which cities should develop and publish respective code and procedural amendments. ATTACHMENT B: DRAFT PLANNING COMMISSION REPORT ---PAGE BREAK--- DRAFT Redmond Zoning Code Page 2 Planning Commission Report Wireless Communication Facilities LAND-2019-00094 Reasons the Proposal Should be Adopted: The Planning Commission recommends amendments to the RZC based on the following reasons: 1. The proposal is consistent with the Redmond Comprehensive Plan, as it will continue supporting existing policies regarding telecommunications as a key component of maintaining Redmond’s communication systems and competitiveness in support of businesses, residents and visitors by promoting access to advanced and affordable communications technology citywide (UT-83); 2. The primary focus of the proposal is to bring the Redmond Zoning Code into compliance with recently updated federal regulations by April 15, 2019 — the timing of which was established by the FCC’s ruling; 3. The proposal maintains consistency between the Zoning Code, Redmond Municipal Code and Comprehensive Plan policies for telecommunications; and 4. The proposal aligns with amendments to the Redmond Municipal Code and to franchise and fee agreements, presently under development by the Departments of Public Works and Finance. Recommended Findings of Fact 1. Public Hearing and Notice a. Public Hearing Date The City of Redmond Planning Commission held a public hearing on the proposed amendments on February 27, 2019. The Planning Commission kept the public hearing open for written testimony through March 6, 2019. One letter of written testimony was received during the public hearing, included in Exhibit B. b. Notice The public hearing notice was published in the Seattle Times on February 6, 2019 and in the Seattle Times - Northwest Classifieds from February 6 thru 12, 2019. Public notices were posted in City Hall and at the Redmond Library on February 6, 2019. Notice was also provided by including the hearing in Planning Commission February 6, 13, and 27, 2019 agendas and extended agendas mailed to various members of the public and various agencies. Additionally, a hearing notification was posted on the City’s web site and provided to representatives of wireless communications service providers, their respective legal counsel, and to parties of record on February 6, 2019. ---PAGE BREAK--- DRAFT Redmond Zoning Code Page 3 Planning Commission Report Wireless Communication Facilities LAND-2019-00094 Recommended Conclusions 1. Key Issues Discussed by the Planning Commission The Planning Commission held study sessions on February 20, 2019, February 27, 2019, and March 13, 2019 to deliberate the Technical Committee’s February 14, 2019 recommended amendments. Minutes of the Planning Commission meeting are shown in Exhibits C – E. Key issues discussed by the Planning Commission were as follows: Aesthetics and Design of Wireless Communication Facilities For compliance with the FCC’s ruling, the recommended amendments include minor updates to a 2018 series of amendments governing deployment of small cell facilities within the City’s right-of-way and providing for efficient and predictable procedures for deployment of said facilities and networks (Ord. 2919, eff. April 3, 2018). The FCC’s new ruling involves changes to the following: • Two new “presumptively reasonable” permit review timelines (shot clocks) • Safe harbor fees for use of city-owned infrastructure • Guidelines for aesthetic standards are required to be published in advance which will be accomplished through adoption of the recommended amendments. The recommended aesthetic standards were evaluated for consistency with the FCC order and have been confirmed to be: o Reasonable o No more burdensome than for other infrastructure deployment o Objective • Terminology including: o Small Wireless Facilities or small cell(s) – facilities that meet FCC’s new sizing, mounting, and safety criteria (RZC 21.78) o Collocation – Attachment or installation of an antenna and equipment to existing poles, structures, and infrastructure in the public right-of-way o Effectively prohibit – Actions, processes, codes, or fees, may be deemed an effective prohibition if it "materially inhibits" small wireless facility deployment Planning Commissioners discussed their concerns regarding how the implementation of small cell wireless facilities could impact the character of streetscapes such as in the Old Town portion of Downtown and in the Overlake urban center. Commissioners were concerned about how the siting of new poles and the collocation of wireless communication facilities on existing poles might alter the City’s recently established streetscape standards along Cleveland Street, Redmond Way, in the Old Town zone, in association with Downtown Park, and might affect design being established through new construction in the Overlake urban center. The FCC’s updated definition standardizes the measurement of wireless communications facilities though its physical implementation remains vague and is anticipated to be varied. The Commission acknowledges that the current Special Design Areas (RZC 21.78) within the urban centers are not changing, but ---PAGE BREAK--- DRAFT Redmond Zoning Code Page 4 Planning Commission Report Wireless Communication Facilities LAND-2019-00094 recommends staff monitor small cell deployment and as needed, plan for additional code amendments in response to issues, incompatibilities, and requests for RZC 21.56.060 Special Exceptions. In addition, Commissioners anticipate value in the City continuing to provide opportunities for coordination and engagement with wireless communications service providers. Information about wireless communications facilities should also be available to the community via the City’s website. Permit Review Procedures and Decision-Making Bodies for Applications of Wireless Communication Facilities Expanding on aesthetics and character, the Commission wanted to understand permit review procedures and the authority of decision-making bodies regarding the respective permits. Commissioners were interested in the evaluation and approval process for: • Requests for special exemptions of development regulations and design standards; • Applications for wireless communication facilities integrated with new development; and • Applications for new macro cell facilities. Commissioners were considerably interested in the role of the Design Review Board (DRB) concerning wireless facility permit review and in maintaining citywide aesthetics and character. RZC 21.76.070(A)(D) Wireless Communication Facilities identifies the Land Use Permit Types for the variety of situations in which wireless facilities could be installed: • Land Use Permit Type I involving administrative review; and • Land Use Permit Type II involving administrative review and decision by the Technical Committee. RZC 21.56.060(C)(3) also identifies the Technical Committee as the decision-making body for requests involving Special Exceptions. The Planning Commission recognizes the intent and requirements set forth by these sections and that as deployment of wireless facilities occurs, staff will continue monitoring implementation of the code through these and other contexts. The Commission was satisfied with the information provided by staff and the City’s legal counsel during its study sessions and as described in its issues matrix (Exhibit 2. Recommended Conclusions of the Technical Committee The recommended conclusions in the Technical Committee Report (Exhibit G) should be adopted as conclusions. ---PAGE BREAK--- DRAFT Redmond Zoning Code Page 5 Planning Commission Report Wireless Communication Facilities LAND-2019-00094 3. Planning Commission Recommendation The Planning Commission Commissioners voted in favor and opposed at its March 13, 2019 meeting. List of Attachments Exhibit A: Recommended Amendments to the Redmond Zoning Code Exhibit B: Written Testimony Exhibit C: Planning Commission Meeting Minutes, February 20, 2019 Exhibit D: Planning Commission Meeting Minutes, February 27, 2019 Exhibit E: Planning Commission Meeting Minutes, March 13, 2019 Exhibit F: Planning Commission’s Issues Matrix Exhibit G: Technical Committee Report with Exhibits Erika Vandenbrande, Planning Director Date Roy Captain, Planning Commission Chairperson Date Approved for Council Agenda John Marchione, Mayor Date