Planning 2016-02-25 Minutes - Public Hearing - TMC 18.58 Wireless Faciltiies Update

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Page 2 Public Hearing Minutes February 25, 2016 The Port raised the issue of exclusionary devices to discourage birds from nesting on the cell antennas, which is dangerous for the birds and the public. In order to encourage the bird nesting exclusionary devices staff is proposing to exempt them from the tower height limits so carriers are not penalized. There was a walkthrough of the proposed language. Following are the additional proposed changes: Page 12, section 2, lc, suggested language — "changing or adding additional antennas within a previously permitted concealed building mounted installation..." Page 13, Table A, add footnote 4 to "Non- concealed building attached" in the residential district column. Page 14, replace footnote 4 to read, "Multi - family zones only." Page 14, paragraph B, revise — delete "co- location" and insert the word, "replacement" following the word "pole" in the last sentence. Page 15, 2e - A question was raised on whether a facility would be allowed to be located within a residential zone, and if there are particular standards. Other questions also raised: Will there be an opportunity for citizen input; would the facilities be located on City owned property; would the neighborhood be notified if the facilities are located in a residential neighborhood; would there be a limit to the number of facilities located in a proximity; could there be multiple towers in an area? There was extensive discussion and several clarifying questions asked. The Commission had an interest for further discussion regarding this issue, as well as an interest in some proposed language Staff said the regulations have been in place since 2006 and there has been pretty good success in keeping the facilities in the commercial and industrial zones. Chair Mann proposed if a new tower is constructed in a residential zone that it automatically trigger SEPA. She said it would give citizens in the community an opportunity to provide input on how the tower will look and where it would be located. Staff said residents would be notified independently of SEPA if a new tower is constructed. Public Testimony: Kimberly Allen, Bush Law Firm, industry representative thanked staff for working with them on the code amendments. Ms. Allen said that the majority of the changes are being driven by the new Federal law, the Spectrum Act. She provided some background on the requirement as stipulated by law and responded to questions raised by the Commission. Ms. Allen went over a document, which was handed out at the public hearing requesting additional code modifications. She said that it deals with a code section that was previously called a height waiver. Changes she recommended are as follows: