HomeMy WebLinkAboutCOW 2016-04-25 Item 4A - Ordinance - Wireless Communication Facilities Update (TMC 18.58)COUNCIL AGENDA SYNOPSIS
nitials --------------------------------- I ITEMNO.
Meetin g Date
Prepared by
Ma or 'r review
Coundl review
04/25/16
NG
❑ Resolution
Mtg Date
Z Ordinance
Mtg Date 912116
05/02/16
NG
❑ Other
A111g Dale
SPONSOR [:]Council E]Mayor E]HR Z DCD ❑ Finance ❑ Eire ❑ IT OP&R EjPolice E]PfV/
SPONSOR'S Updates to TMC 18.58, the Wireless Communication Facilities Chapter, are needed to
SUMMARY come into compliance with new Federal Communication Commission rules. The intention
of these new rules is to streamline approval of technology updates by wireless carriers.
The Council is being asked to consider and approve the ordinance.
*Per direction at the March 28, 2016 CAP Meeting, two additional attachments have been
included in the auenda materials.*
Ri?VIEWI,?D BY ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 2/8/16,3/28/16 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
I
RECORD OF COUNCIL ACTION
4/25/16
ITEM INFORMATION
ffl'j
ISTAFF
SPONSOR: NoRA GIERLOFF I
ORIGINAL, AGENDA DATE: 4/25/16
AGENDA ITEM TITLE Wireless Communication Facilities Zoning Changes
CATEGOR Z Discussion
Mtg Date 4129116
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
Z Ordinance
Mtg Date 912116
Z BidAxard
Mt g Date
Z PublicHearin
,g
Mtg Date 4129116
❑ Other
A111g Dale
SPONSOR [:]Council E]Mayor E]HR Z DCD ❑ Finance ❑ Eire ❑ IT OP&R EjPolice E]PfV/
SPONSOR'S Updates to TMC 18.58, the Wireless Communication Facilities Chapter, are needed to
SUMMARY come into compliance with new Federal Communication Commission rules. The intention
of these new rules is to streamline approval of technology updates by wireless carriers.
The Council is being asked to consider and approve the ordinance.
*Per direction at the March 28, 2016 CAP Meeting, two additional attachments have been
included in the auenda materials.*
Ri?VIEWI,?D BY ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 2/8/16,3/28/16 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG.DATE]
RECORD OF COUNCIL ACTION
4/25/16
MTG. DATE
ATTACHMENTS
4/25/16
Informational Memorandum dated 3/21/16 with Attachments
A Ordinance in Draft Form
B Minutes from the Community Affairs and Parks Committee meeting of 2/8/16
C Minutes from the Planning Commission meeting of 2/25/16
D Map of Wireless Communications Facilities
Minutes from the Community Affairs and Parks Committee meeting of 3/28/16
E. Table of Wireless Facility Permits 1996-2016 as requested by CAP Committee
F. Examples of Stealth Wireless Installations as requested by CAP Committee
.5/2/16
j
2
City of Tukwila
Allan Ekberg, Mayor
TO: Community Affairs and Parks
CC: Mayor Ekberg
FROM: Jack Pace, DCD Director
BY: Nora Gierloff, Deputy DCD Director
DATE: March 21, 2016
SUBJECT: Wireless Communication Facilities Updates
ISSUE
Updates to TMC 18.58, the Wireless Communication Facilities regulations, are needed to come
into compliance with new Federal Communication Commission (FCC) rules related to the
Spectrum Act.
BACKGROUND
New regulations regarding wireless communication facilities were included in the Middle Class
Tax Relief and Job Creation Act of 2012 (Spectrum Act).' In that legislation Section 6409(a)
provides, in part, that "a State or local government may not deny, and shall approve, any eligible
facilities request for a modification of an existing wireless tower or base station that does not
substantially change the physical dimensions of such tower or base station." 2 The intention was
to streamline approval of technology updates by wireless carriers. The FCC elaborated this
mandate into new rules that require cities to approve qualified applications within 60 days, allow
limited expansion at these sites and clarify that these rules cannot be used to defeat any
"stealthing" conditions that applied to the original approval of the site.
The full text of the FCC Wireless Infrastructure Report and Order can be found at
http: / /www.fcc.gov/ document /wireless- infrastructure - report- and -order . The draft ordinance was
reviewed by CAP on February 8, 2016 and they forwarded it to the Planning Commission for a
hearing and recommendation. The Planning Commission held a public hearing on February 25tH
and their recommended ordinance is Attachment A to this memo.
DISCUSSION
Tukwila has three main categories of wireless facilities ranging from least to most obtrusive. The
higher the category the more information is needed from the applicant to justify the installation.
The proposed new permit type, eligible facilities modification, would be categorized as Type 1
because it is limited to colocations on towers and buildings with existing antenna arrays. These
installations must also abide by any "stealthing" requirements placed on the original approval
and must not constitute a substantial change to the site as defined in the ordinance.
These rule changes can be accommodated by minor edits to Tukwila's existing zoning
regulations for wireless communication facilities. The primary effect is to require that we issue
' See Spectrum Act § 6409(a). Section 6409(a) has since been codified in the Communications Act as 47 U.S.C. §
1455(a).
2 Spectrum Act § 6409(a)(1).
3
INFORMATIONAL MEMO
Page 2
permit decisions for affected proposals within 60 days, rather than the current 120 day clock.
As our review is generally faster than that it should have little impact.
Staff has made the draft ordinance available to wireless industry representatives for their
comments. The issue of height exemptions for Bird Safety /Exclusionary devices was raised by
the Port of Seattle, who requested that carriers install bird exclusionary devices on existing
towers within 5 miles of SeaTac Airport to reduce the likelihood of bird strikes on airplanes and
prevent injury to the birds.
• 90% of cell tower nests are
Ospreys
• 5% of cell tower nests are
Bald Eagles
• 2.5% of cell tower nests are
Red - tailed Hawks
• 2.5% of cell tower nests are
Great Horned Owls
AT &T also requested that we
In addition to these changes we are proposing some housekeeping edits including:
• Clarifying when updating antenna technology is exempt from wireless permit review
• Replacing references to the Planning Commission with the Hearing Examiner per TMC
18.104.010
• Reflecting case law since 2006 when the chapter was written
FINANCIAL IMPACT
These changes will not create a financial impact on the City as they do not affect the type or
cost of our wireless facility permitting.
RECOMMENDATION
The Council is being asked to forward this ordinance to the April 25, 2016 Committee of the
Whole meeting for a public hearing and subsequent May 2 Regular Meeting.
ATTACHMENTS
A. Draft Ordinance Amending TMC 18.58
B. Community Affairs and Parks Minutes from 2/8/16
C. Planning Commission Minutes from 2/25/16
D. Map of Wireless Communication Facilities
0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 2251 §68, §69 §70 AND
§72, AND 2135 §1 (PART) AND §2 (PART), AS CODIFIED AT TUKWILA
MUNICIPAL CODE SECTIONS 18.06.773, 18.58.030, 18.58.040,
18.58.050, 18.58.060, 18.58.070, 18.58.120, 18.58.130, 18.58.150 AND
18.58.170, RELATING TO COLLOCATION, REMOVAL AND
REPLACEMENT OF WIRELESS FACILITIES; ESTABLISHING NEW
STANDARDS FOR ELIGIBLE FACILITIES MODIFICATIONS AND NEW
REGULATIONS ON EXPIRATION OF WIRELESS FACILITY PERMITS,
TO BE CODIFIED AS TUKWILA MUNICIPAL CODE SECTIONS
18.58.200 AND 18.58.210 RESPECTIVELY; REPEALING ORDINANCE
NO. 2135 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE
SECTION 18.58.180, PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 1934 Congress enacted the Communications Act of 1934, creating
the Federal Communications Commission and granting it authority over common
carriers engaged in the provision of interstate or foreign communications services; and
WHEREAS, in 1996 Congress enacted Pub. L. No. 104 -104, 110 Stat. 70 (the
"1996 Act "), amending the Communications Act of 1934 and implementing regulations
applicable to both wireless and wireline communications facilities for the purpose of
removal of barriers to entry into the telecommunications market, while preserving local
government zoning authority except where specifically limited under the 1996 Act; and
WHEREAS, in the 1996 Act, Congress imposed substantive and procedural
limitations on the traditional authority of state and local governments to regulate the
location, construction, and modification of wireless facilities and incorporated those
limitations into the Communications Act of 1934; and
WHEREAS, the City has adopted regulations that have been codified as Tukwila
Municipal Code Chapter 18.58, "Wireless Communication Facilities," establishing local
requirements for the location, construction, and modification of wireless facilities; and
W: Word Processing \Ordinances \Wireless facilities - collocation update strike -thru 4 -11 -16
NG:bjs Page 1 of 15
5
WHEREAS, in 2012, Congress passed the "Middle Class Tax Relief and Job
Creation Act of 2012" (the "Spectrum Act ") (PL- 112 -96; codified at 47 U.S.C. §
1455(a)); and
WHEREAS, Section 6409 of the Spectrum Act (hereafter "Section 6409 ")
implements additional substantive and procedural limitations upon state and local
government authority to regulate modification of existing wireless antenna support
structures and base stations; and
WHEREAS, Congress, through its enactment of Section 6409, has mandated that
local governments approve, and cannot deny, an application requesting modification of
an existing tower or base station if such modification does not substantially change the
physical dimensions of such tower or base station; and
WHEREAS, the 1996 Act empowers the Federal Communications Commission (the
"FCC ") to prescribe such rules and regulations as may be necessary in the public
interest to carry out the provisions of the 1996 Act, and subsequently added portions of
the 1996 Act such as Section 6409; and
WHEREAS, the FCC, pursuant to its rule- making authority, adopted and released a
Notice of Proposed Rulemaking in September of 2013 (In re Acceleration of Broadband
Deployment by Improving Wireless Facilities Siting Policies, WT Docket Nos. 13 -238,
13 -32; WC Docket No. 11 -59; FCC 13 -122), which focused in part upon whether or not
the FCC should adopt rules regarding implementation of Section 6409; and
WHEREAS, on October 21, 2014, the FCC issued its report and order, WT Docket
Nos. 13 -238, 13 -32; WC Docket No. 11 -59; FCC 14 -153, in the above described
proceeding (the "Report and Order" or "Order ") clarifying and implementing statutory
requirements related to state and local government review of infrastructure siting,
including Section 6409, with the intent of facilitating and expediting the deployment of
equipment and infrastructure to meet the demand for wireless capacity; and
WHEREAS, the rules adopted by the FCC in its Report and Order implementing
Section 6409 are intended by the FCC to spur wireless broadband deployment, in part,
by facilitating the sharing of infrastructure that supports wireless communications
through incentives to collocate on structures that already support wireless facilities; and
WHEREAS, the Report and Order also adopts measures that update the FCC's
review processes under the National Environmental Policy Act of 1969 ( "NEPA ") and
Section 106 of the National Historic Preservation Act of 1966 ( "NHPA "), with a particular
emphasis on accommodating new wireless technologies that use smaller antennas and
compact radio equipment to provide mobile voice and broadband service; and
WHEREAS, on January 5, 2015, the FCC released an Erratum to the Report and
Order making certain amendments to the provisions of the Report and Order related to
NEPA and Section 106 of the NHPA; and
W: Word Processing \Ordinances \Wireless facilities - collocation update strike -thru 4 -11 -16
NG:bjs Page 2 of 15
0
WHEREAS, that part of the Report and Order related to implementation of Section
6409 amends 47 C.F.R. Part 1 (PART 1 — PRACTICE AND PROCEDURE) by adding
new Subpart CC § 1.40001 and establishing both substantive and procedural limitations
upon local government application and development requirements applicable to
proposals for modification to an existing antenna support structure or an existing base
station ("Eligible Facility Request Rules"); and
WHEREAS, the Order, among other things, defines key terms utilized in Section
6409, establishes application requirements limiting the information that can be required
from an applicant, implements a 60-day shot clock and tolling provisions, establishes a
deemed approved remedy for applications not timely responded to, requires cities to
approve a project permit application requesting modification of an existing tower or base
station that does not substantially change the physical dimensions of such tower or
base station, and establishes development standards that govern such proposed
modifications; and
WHEREAS, the Report and Order provides that the Eligible Facility Request Rules
will be effective 90 days following publication in the Federal Register; and
WHEREAS, the Order was published in the Federal Register on Thursday, January
8, 2015, Federal Register; Vol. 80; No. 5, resulting in the Eligible Facility Request Rules
becoming effective on April 8, 2015; and
WHEREAS, the Order is subject to appeal; however, even if an appeal is filed, the
appeal will not automatically result in delay of implementation of the Eligible Facility
Request Rules; and
WHEREAS, the City Council finds that it is required under Section 6409 of the
Spectrum Act and the Eligible Facility Request Rules established in the Order to adopt
and implement local development and zoning regulations that are consistent with
Section 6409 and the Order; and
WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, a notice
of intent to adopt the proposed new development regulations was sent to the State of
Washington Department of Commerce and to other state agencies to allow for a 60-day
review and comment period, which comment period ended prior to adoption of this
ordinance; and
WHEREAS, on the 25th day of February, 2016, the Planning Commission held a
duly noticed public meeting related to the proposed zoning regulations set forth in the
proposed ordinance; and
WHEREAS, the City Council considered the proposed zoning regulations on the
28th day of March, 2016; and
WHEREAS, the City Council finds that the proposed zoning regulations are
reasonable and necessary in order to bring the City's development regulations into
compliance with the mandate imposed upon the City by Congress pursuant to Section
W: Word Processing\0rdinancesMireless facilities - collocation update strike-thru 4-11-16
NG:bjs Page 3 of 15
r N
6409 and the regulations imposed upon the City by the FCC pursuant to its Report and
Order, and are therefore in the public interest;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 18.06.773 Amended. Ordinance No. 2135 §2 (part), as
codified at Tukwila Municipal Code (TMC) Section 18.06.773, is hereby amended to
read as follows:
"Significant Gap in Service, Wireless Communications" means a large geographi^_a'rea
gap in coverage, capacity, frequency, or technology such that within a ° °n,i ^° °r ° °(6) of
the applicant in whi^h ° large —__g substantial number of applicant's remote user
subscribers are unable to establish eat or maintain a GenneGtion tereliable wireless
service from the applicant's wireless
teleGGITIM Uni^ntionc network. A "dead spot" (defined as small less than significant areas
within a service area where the field strength is lower than the minimum level for reliable
service) does not constitute a significant gap in service.
Section 2. TMC Section 18.58.030, "Exemptions," Amended. Ordinance No.
2135 §1 (part), as codified at TMC Section 18.58.030, subparagraph 1, is hereby
amended to read as follows:
1. Wireless communication facilities permits are not required for
subparagraphs 1.a through 1.e of this section; however, a building permit may be
required for work on buildings:
a. Routine maintenance and repair of wireless communication facilities.
This shall not include, eXGluding StFUGtUral work eF _changes in height or dimensions of
aitncnnas-, towers or buildings; provided that the wireless communication facility
received approval from the City of Tukwila or King County for the original placement,
construction or subsequent modification.
b. Changing of antennas on wireless communication facilities is
permittedexempt from wireless facilities permits, provided the total area of the new
antennas and support structure is not increased more than 10% of the previous area or
the area is red }u,.cedha e the same less of The total numb °r of
'a'Rtenn-as- iii-�ust- Femain the same
u-murrr c: .az�mc.
c. Changing or adding additional antennas within a previously permitted
concealed building- mounted installation is exempt provided there is no visible change
from the outside.
d. Bird exclusionary devices may be added to towers and are not subject
to height limitations.
e. Additional ground equipment may be placed within an approved
equipment enclosure, provided the height of the equipment does not extend above the
screening fence.
W: Word Processing \Ordinances \Wireless facilities - collocation update strike -thru 4 -11 -16
NG:bjs Page 4 of 15
i
Section 3. TIVIC Section 18.58.040, "Permits Required," Amended. Ordinance
Nos. 2251 §68 and 2135 §1 (part), as codified at TIVIC Section 18.58.040 subparagraph
1, is hereby amended to read as follows:
I. Any decision by the DCD Director, Director of Public Works, or jje ann
Examiner _P4aRR4Hj- ms&kA4 shall be given substantial deference in any appeal of a
decision by the City to either approve, approve with conditions, or deny any application
for a wireless communication facility.
Section 4. TIMIC Section 18.58.050 Amended. Ordinance Nos. 2251 §69 and
2135 §1 (part), as codified at TIVIC Section 18.58.050, are hereby amended to read as
follows:
18.58.050 Types of Permits — Priority— Restrictions.
A. Applications will be reviewed based on the type of wireless communication
facilities requested to be permitted. Each wireless communication facility requires the
appropriate type of project permit review, as shown in Table A. In the event of
uncertainty on the type of wireless facility, the DCD Director shall have the authority to
determine how a proposed facility is incorporated into Table A.--.
TABLE A
Type of Permit Required, Based on T pe of Wireless Communication Facility
Zoning0)
Type of Facility
Residential
Commercial
Industrial
Transrn*sseen teweF GG IGGation
---T-ype-4
—Type I
—qype-4
Adding antennas to an existing tower or
utility pole
Type 1(2)
Type 1(2)
Type 1(2)
Eligible facilities modification
Type 1
Type 1
Type 1
Utility pole replacement for co-location
Type 2
Type 2
Type 2
Concealed building attached
Type 2(3)
Type 2(3)
Type 1
Non-concealed building attached
Type 2L4)-
Type 2
Type 1
New tower or wa*veF-height ad*ustment
request
Type V)
Type 30)
Type 30)
(1) Zoning for any private/public property or right-of-way:
Residential — LDR, MDR, or HDR.
Commercial — 0, MUO, RCC, NCC, RC, RCM, TUC, C/Ll or TVS.
Industrial — LI, HI, MIC/L, or MICH
(2) Provided the height of the tower or utilitV pole -does not increase and the square footage of the
enclosure area does not increase.
(3) An applicant may request to install a non-concealed building attached facility, under TIVIC Section
18.58.1540.
(4)ln the event of unGeFtaiRty on the type of a wiFeless faGility, the DCD DiFeGter shall have the
authGFity to determine how a pFopesed faGility is InGGrpoFated intn Tphliz A.MDR and HDR only.
W: Word ProGessing\Ordinances\Wireless facilities-collocation update strike-thru 4-11-16
NG:bjs Page 5 of 15
0
B. The priorities for the type of wireless communication facility shall be based
upon their placement in Table A; most-desirable facilities are located toward the top and
least-desirable facilities toward the bottom. Any application for a wireless
communication facility must follow the hierarchy of Table A. For example, an applicant
must demonstrate by engineering evidence that using a transmission tower co-location
is not possible before moving to a utility pole replacement for co-location, and so forth,
with the last possible siting option being a new tower or waiver request.
C. The City's preferences for locating new wireless communication facilities are as
follows:
1. Place antennas on existing structures, such as buildings, towers, water
towers, or electrical transmission towers.
2. Place wireless communication facilities in non-residentially-zoned districts
and non-residential property.
3. Place antennas and towers on public property and on appropriate rights-of-
way if practical, provided that no obligation is created herein for the City to allow the use
of City property or public right-of-way for this purpose.
4. City Property/Public Rights-of-Way. The placement of personal wireless
communication facilities on City-owned property and public rights-of-way will be subject
to other applicable sections of the Tukwila Municipal Code and review by other
departments (i.e., Public Works, Parks and Recreation, etc.).
5. Wireless communication facilities shall not be permitted on property
designated as landmark or as part of a historic district.
D. Applicants shall submit all of the information required pursuant to TIVIC Section
18.104.060 and the following:
Type 1 — Applicant shall submit:
a. A completed application form provided by the Department of
Community Development.
b. Four sets of plans prepared by a design professional. The plans shall
include a vicinity map, site map, architectural elevations, method of attachment,
proposed screening, location of proposed antennas, and all other information which
accurately depicts the proposed project. Minimum size is 8.5" by 11". Plans shall be no
greater than 24" x 36".
c. A letter from the applicant outlining the proposed project and an
evaluation from the applicant with regard to the City's Code requirements and whether
the proposal qualifies for review under Section 6409 of the Spectrum Act.
W: Word Processing\O rd inances\Wire less facilities-collocation update strike-thru 4-11-16
NG:bjs Page 6 of 15
10
d. Information sufficient to determine whether a proposed facilities
modification per TIVIC Section 18.58.200 would be a substantial chancle to an existina
eligible support structure.
de. Sensitive Area studies and proposed mitigation (if required).
ef. If an outdoor generator is proposed, a report prepared by an acoustical
engineer demonstrating compliance with TIVIC Chapter 8.22, "Noise." and
f,q. SEPA Application (if required).
2. Type 2 — Applicant shall submit all information required for a Type 1
application, plus the following:
a. Four sets of photo simulations that depict the existing and proposed
view of the proposed facility.
b. Materials board for the screening material.
c. LandSGaping plan.If landscaping is proposed, four sets of a
landscaping plan prepared by a Washington State-licensed landscape architect.
d. Letter from a radio frequency engineer that demonstrates that the
facility meets Federal requirements for allowed emissions.
e. If the facility is located within a residential zone, a report from a radio
frequency engineer explaining the need for the proposed wireless communication
facility. Additionally, the applicant shall provide detailed discussion on why the wireless
communication facility cannot be located within a commercial or industrial zone. and
f. if landSGapiRg "S proposed, four sets ef a landSGaping plan prepared by
a Washington State "Lensed aFGhiteGt.
3. Type 3 — The applicant shall submit all the information required for Type 1
and Type 2 applications, plus the following:
a. All information required for new towers under TIVIC Section 18.58.060.
b. The radio frequency engineer report shall include a discussion of the
information required under TIVIC Section 18.58.07-0060. The report shall also explain
why a tower must be used instead of any of the other location options outlined in Table
4 A.
c. Provisions for mailing labels for all property owners and
tenants/residents within 500 feet of the subject property.
d. Engineering plans for the proposed tower.
e. A vicinity map depicting the proposed extent of the service area.
W: Word Processing\Ordinances\Wireless facilities-collocation update strike-thru 4-11-16
NG:bjs Page 7 of 15
11
f. A graphic simulation showing the appearance of the proposed tower
and ancillary structures and ancillary facilities from five points within the impacted
vicinity. Such points are to be mutually agreed upon by the Director of DCD and
applicant. All plans and photo simulations shall include the maximum build -out of the
proposed facility.
g. Evidence of compliance with minimum Federal Communications
Commission (FCC) requirements for radio frequency emissions.
h. Evidence of compliance with Federal Aviation Administration (FAA)
standards for height and lighting and certificates of compliance from all affected
agencies.
i. Evidence that the tower has been designed to meet the minimum
structural standards for wireless communication facilities for a minimum of three
providers of voice, video or data transmission services, including the applicant, and
including a description of the number and types of antennas the tower can
accommodate.
Section 5. TMC Section 18.58.060, "New Towers," Amended. Ordinance Nos.
2251 §70 and 2135 §1 (part), as codified at TMC Section 18.58.060, subparagraphs
A.2, B.7 and B.8, are hereby amended to read as follows:
A. 2. Altemates - No existing tower or structure, or other feasible site OF
altematove teGhnelogie- not requiring a new tower in the City, can accommodate the
applicant's proposed wireless communication facility; and
B. 7. That an altemative teGhnology that does not require the use ef a ne
presumed te render the teGhnelogy unsuitable; and
B. 87. The applicant demonstrates other limiting factors that render existing
towers and structures or other sites eF alternafive teGhnelegies unsuitable.
All engineering aed-#+ hROIE)giGal- evidence must be provided and certified by a
registered and qualified professional engineer and clearly demonstrate the evidence
required.
Section 6. TMC Section 18.58.070, "General Requirements," Amended.
Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.070, is hereby
amended to read as follows:
The following shall apply to all wireless communication facilities regardless of the type
of facility:
W: Word Processing \Ordinances \Wireless facilities - collocation update strike -thru 4 -11 -16
NG:bjs Page 8 of 15
12
1. Noise — Any facility that requires a generator or other device which will
create noise must demonstrate compliance with TMC Chapter 8.22, "Noise ". A noise
report, prepared by an acoustical engineer, shall be submitted with any application to
construct and operate a wireless communication facility that will have a generator or
similar device. The City may require that the report be reviewed by a third party expert
at the expense of the applicant.
32. Signage — Only safety signs or those mandated by other government
entities may be located on wireless communication facilities. No other types of signs
are permitted on wireless communication facilities.
43. Parking — Any application must demonstrate that there is sufficient space
for temporary parking for regular maintenance of the proposed facility.
-54. Finish — A tower shall either maintain a galvanized steel finish or, subject to
any applicable standards of the FAA or FCC, be painted a neutral color so as to reduce
its visual obtrusiveness.
,�5. Design — The design of all buildings and ancillary structures shall use
materials, colors, textures, screening and landscaping that will blend the tower facilities
with the natural setting and built environment.
76. Color — All antennas and ancillary facilities located on buildings or
structures other than towers shall be of a neutral color that is identical to or closely
compatible with the color of the supporting structure so as to make the antenna and
ancillary facilities as visually unobtrusive as possible.
97. Lighting — Towers shall not be artificially lighted unless required by the
FAA, FCC or other applicable authority. If lighting is required, the reviewing authority
shall review the lighting alternatives and approve the design that would cause the least
disturbance to the surrounding areas. No strobe lighting of any type is permitted on any
tower.
-98. Advertising — No advertising is permitted at wireless communication facility
sites or on any ancillary structure or facilities equipment compound.
4-09. Equipment Enclosure — Each applicant shall be limited to an
equipment enclosure of 360 square feet at each site. However, this restriction shall not
apply to enclosures located within an existing commercial, industrial, residential or
institutional building or eligible facilities modifications.
W: Word Processing \Ordinances \Wireless facilities - collocation update strike -thru 4 -11 -16
NG:bjs Page 9 of 15
13
019-OWN
MMI M MW
�1M.V1MK.rffllT7Tr.ZM"2 "MR
32. Signage — Only safety signs or those mandated by other government
entities may be located on wireless communication facilities. No other types of signs
are permitted on wireless communication facilities.
43. Parking — Any application must demonstrate that there is sufficient space
for temporary parking for regular maintenance of the proposed facility.
-54. Finish — A tower shall either maintain a galvanized steel finish or, subject to
any applicable standards of the FAA or FCC, be painted a neutral color so as to reduce
its visual obtrusiveness.
,�5. Design — The design of all buildings and ancillary structures shall use
materials, colors, textures, screening and landscaping that will blend the tower facilities
with the natural setting and built environment.
76. Color — All antennas and ancillary facilities located on buildings or
structures other than towers shall be of a neutral color that is identical to or closely
compatible with the color of the supporting structure so as to make the antenna and
ancillary facilities as visually unobtrusive as possible.
97. Lighting — Towers shall not be artificially lighted unless required by the
FAA, FCC or other applicable authority. If lighting is required, the reviewing authority
shall review the lighting alternatives and approve the design that would cause the least
disturbance to the surrounding areas. No strobe lighting of any type is permitted on any
tower.
-98. Advertising — No advertising is permitted at wireless communication facility
sites or on any ancillary structure or facilities equipment compound.
4-09. Equipment Enclosure — Each applicant shall be limited to an
equipment enclosure of 360 square feet at each site. However, this restriction shall not
apply to enclosures located within an existing commercial, industrial, residential or
institutional building or eligible facilities modifications.
W: Word Processing \Ordinances \Wireless facilities - collocation update strike -thru 4 -11 -16
NG:bjs Page 9 of 15
13
Section 7. Title Change to Section 18.58.120. Ordinance No. 2135 §1 (part), as
codified at TIVIC Section 18.58.120, is hereby amended to change the title of TIVIC
Section 18.58.120 to read as follows:
18.58.120 Utility Pole Replacement for Co-location.
Section 8. TMC Section 18.58.130, "Towers—Specific Development
Standards," Amended. Ordinance No. 2135 §1 (part), as codified at TIVIC Section
18.58.130, subparagraphs 1 and 3, is hereby amended to read as follows:
1. Height – Any proposed tower with antennas shall meet the height
standards of the zoning district where the tower will be located. Bird exclusionary
devices are not subject to height limitations.
3. Setbacks – The proposed wireless communication facilities must meet the
setbacks of the underlying zoning district. If an exception is granted under TIVIC Section
18.58.4-90170 with regards to height, the setback of the proposed wireless
communication facilities will increase 2 feet for every foot in excess of the maximum
permitted height in the zoning district.
Section 9. TIVIC Section 18.58.150, "Landscaping/Screening," Amended.
Ordinance No. 2135 §1 (part), as codified at TIVIC Section 18.58.150 subparagraph A, is
hereby amended to read as follows:
18.58.150 Landscaping/Screening.
A. The visual impacts of wireless communication facilities may be mitigated and
softened through landscaping or other screening materials at the base of the tower,
facility equipment compound, equipment enclosures and ancillary structures, with the
exception of wireless communication facilities located on transmission towers, or if the
antenna is mounted flush on an existing building, or camouflaged as part of the building
and other equipment is housed inside an existing structure. The DCD Director, Director
of Public Works or Hearin ci Examine as appropriate, may reduce
or waive the standards for those sides of the wireless communication facility that are not
in public view, when a combination of existing vegetation, topography, walls, decorative
fences or other features achieve the same degree of screening as the required
landscaping; in locations where the visual impact of the tower would be minimal; and in
those locations where large wooded lots and natural growth around the property
perimeter may be sufficient buffer.
Section 10. TIVIC Section 18.58.170, "Height Waivers," Amended. Ordinance
Nos. 2251 §72 and 2135 §1 (part), as codified at TIVIC Section 18.58.170, are hereby
amended to read as follows:
W: Word Processing\Ordinances\Wireless facilities-collocation update strike-thru 4-11-16
NG:bjs Page 10 of 15
14
18.58.170. Height Waivers Adjustment to Height Standards.
A. Where the Hearing Examiner finds that extraordinary hardships, practical
difficulties, or unnecessary and unreasonable expense would result from strict
compliance with the height limitations of the Zoning Code, or the purpose of these
regulations may be served to a greater extent by an alternative proposal, it may approve
an adjustment height s" these regulations; provided that the applicant
demonstrates that the waiver(s) will substantially seGUrc-adoustments are consistent with
the values, objectives, standards, and requirements of this Chapter, TIVIC Title 18, and
the Comprehensive Land Use Plan, and demonstrate the following:
4-. The gFanting of the height waiveF will not be detFirneRtal to the publi
safety, health OF welfare, oF ipijuFious to etheF property, and will prernete the pub!"G
interest; and
21. A particular and identifiable hardship exists or a specific circumstance
warrants the granting of an adjustment-waiver. Factors to be considered in determining
the existence of a hardship shall include, but not be limited to:
a. Topography and other site features;
b. Availability of alternative site locations;
c. Geographic location of property; and
d. Size/magnitude of project being evaluated and availability of co-
location.
B. In approving the adjustment request, the Hearing Examiner may impose
such conditions as it deems appropriate to substaRtially seGUre the-assure consistency
with the _ebjeGtives of the values, objectives, standards and requirements of this
Chapter, TIVIC Title 18, and the Comprehensive Land Use Plan ' and to ensure that the
.granting of the height waiver--adjustment will not be detrimental to the public safety,
health or welfare, or injurious to other property, and will promote the public interest.
C. A petition for any such waiver-adjustment shall be submitted, in writing, by the
applicant with the application for Hearing Examiner review. The petition shall state fully
the grounds for the waiv eF-gdiustment and all of the facts relied upon by the applicant.
Section 11. Regulations Established. TIVIC Section 18.58.200, "Standards for
Eligible Facilities Modifications," is hereby established to read as follows:
18.58.200 Standards for Eligible Facilities Modifications.
A. This section implements § 6409 of the "Middle Class Tax Relief and Job
Creation Act of 2012" (the "Spectrum Act") (PL- 112 -96: codified at 47 U.S.C. � 1455(a)),
which requires the City to approve any eligible facilities request for a modification of an
existing tower or base station that does not substantially change the physical
dimensions of such tower or base station. The intent is to exempt eligible facilities
requests from zoning and development regulations that are inconsistent with or
W: Word Processing\Ordinances\Wireless facilities-collocation update strike-thru 4-11-16
NG:bjs Page 11 of 15
15
preempted by Section 6409 of the Spectrum Act, while preserving the City's right to
continue to enforce and condition approvals under this chapter on compliance with
generally applicable building, structural, electrical, and safety codes and with other laws
codifying objective standards reasonably related to health and safety.
B. Definitions.
1. "Base station" shall mean and refer to the structure or equipment at a fixed
location that enables wireless communications licensed or authorized by the FCC,
between user equipment and a communications network. The term does not
encompass a tower as defined in this chapter or any equipment associated with a
tower.
a. The term includes, but is not limited to, equipment associated with
wireless communications services such as private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul.
b. The term includes, but is not limited to radio transceivers, antennas,
coaxial or fiber-optic cable, regular and backup power supplies, and comparable
equipment, regardless of technological configuration (including Distributed Antenna
Systems and small-cell networks).
c. The term includes any structure other than a tower that, at the time an
eligible facilities modification application is filed with the City under this chapter,
supports or houses equipment described in subparagraphs (a) and (b) of TMC Section
18.58.2003, and that has been reviewed and approved under the applicable zoning or
siting process, or under another State, county or local regulatory review process, even if
the structure was not built for the sole or primary purpose of providing such support.
d. The term does not include any structure that, at the time a completed
eligible facilities modification application is filed with the City under this section, does no
support or house equipment described in subparagraphs (a) and (b) of TMC Section
18.58.200.B.
2. "Eligible facilities modification" shall mean and refer to any proposed
facilities modification that has been determined pursuant to the provisions of this
chapter to be subject to this chapter and that does not result in a substantial change in
the Physical dimensions of an eligible support structure.
3. "Eligible support structure" shall mean and refer to any existing tower or
base station as defined in this chapter, provided it is in existence at the time the eligible
facilities modification application is filed with the City under this chapter.
4. "Existing" shall mean and refer to a constructed tower or base station that
was reviewed and approved under the applicable zoning or siting process and lawfully
constructed.
W: Word Processing\Ordinances\Wireless facilities-collocation update strike-thru 4-11-16
NG:bjs Page 12 of 15
16
5. "Proposed facilities modification" shall mean and refer to a proposal
submitted by an applicant to modify an eligible support structure the applicant asserts is
subject to review under Section 6409 of the Spectrum Act, and involving_
a. collocation of new transmission equipment;
b. removal of transmission equipment; or
c. replacement of transmission equipment.
6. "Site" shall mean and refer to the current boundaries of the leased or
owned property surrounding a tower (other than a tower in the public rights -of -way) and
any access or utility easements currently related to the site and, for other eligible
support structures, shall mean and be further restricted to, that area in proximity to the
structure and to other transmission equipment already deployed on the ground.
7. "Substantial Change ". A proposed facilities modification will substantially
change the physical dimensions of an eligible support structure if it meets any of the
following criteria:
a. For towers not in the public rights -of -way, it increases the height of the
tower by more than 10% or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet, whichever is
greater; for other eligible support structures, it increases the height of the structure by
more than 10% or more than 10 feet, whichever is greater.
Changes in height should be measured from the original support structure in cases
where deployments are or will be separated horizontally, such as on buildings' rooftops;
in other circumstances, changes in height should be measured from the dimensions of
the tower or base station inclusive of originally approved appurtenances and any
modifications that were approved prior to the passage of the Spectrum Act.
b. For towers not in the public rights -of -way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the tower
more than 20 feet or more than the width of the tower structure at the level of the
appurtenance whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude from the edge
of the structure by more than 6 feet.
c. For any eligible support structure, it involves installation of more than
the standard number of new equipment cabinets for the technology involved, but not to
exceed 4 cabinets; or, for towers in the public rights -of -way and base stations, it
involves installation of any new equipment cabinets on the ground if there are no pre-
existing ground cabinets associated with the structure or else involves installation of
ground cabinets that are more than 10% larger in height or overall volume than any
other ground cabinets associated with the structure.
W: Word Processing \Ordinances \Wireless facilities - collocation update strike -thru 4 -11 -16
NG:bjs Page 13 of 15
17
d. For any eligible support structure:
(1) it entails anV excavation or deploVment outside the current site,
(2) it would defeat the concealment elements of the eligible suppo
structure; o
(3) it does not compIV with conditions associated with the siting
approval of the construction or modification of the eligible support structure or base
station equipment provided, however, that this limitation does not applV to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified in this section.
8. "Tower-" shall mean and refer to any structure built for the sole or prima
purpose of supporting any antennas and their associated facilities, licensed or
authorized by the FCC, including structures that are constructed for wireless
communications services including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed wireless services
such as microwave backhaul, and the associated site.
9. "Transmission Equipment" shall mean and refer to equipment that
facilitates transmission for any wireless communication service licensed or authorized
bV the FCC, including, but not limited to, radio transceivers, antennas, coaxial or fiber-
optic cable, and regular and backup power supply. The term includes equipment
associated with wireless communications services including, but not limited to, private,
broadcast, and public safetV services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul.
C. Proposed facilities modification applications are not submect to the application
requirements set forth in TIVIC Section 18.104.060.
D. CitV decisions on eligible facilities modifications shall be issued within 60 days
from the date the application is received by the City, subtracting any time between the
City's notice of incomplete application or request for additional information and the
applicant's resubmittal. Following a supplemental submission, the City will respond to
the applicant within 10 days, stating whether the additional information is sufficient to
complete review of the application. This timing supersedes TIVIC Section 18.104.130.
E. If the CitV fails to approve or deny an eligible facilities modification within the
time frame for review, the applicant may notify the City in writing that the review period
has expired and that the application has therefore been deemed granted.
F. Applicants and the City may bring claims related to Section 6409 (a) to any
court of competent jurisdiction.
Section 12.
Wireless Facilitv Permits," is herebv established to read as follows:
W: Word Processing\OrdinancesMireless facilities-coiiocation update strike-thru 4-11-16
wo:bjo Page 14of15
��
18.58.21 Q_ Ex iratian of Wireless Facilit Permits.
A wireless facilit ermit shall automaticallexpire one year after a Notice of Decision
approvinq the permit is issued unless a buildinq permit conforminq to plans for which
the wireless facilitv permit was wanted is obtained within that eriod of time. If a
buildinq permit is not required for the Proposed work such as chanainq antennas on an
existinq tower, then the substantial construction of the proposed work shall be
completed within one ear after a Notice of Decision a rovin the ermit is issued. The
Director of Communitv Development mav authorize a longer period for completion of
work if the applicant can demonstrate whv additional time is required and submits a
written re uest for extension prior to expiration of the wireless facilities permit.
Section 13. Repealer. Ordinance No. 2135 §1 (part), as codified at Tukwila
Municipal Code Section 18.58.180, "Expiration," is hereby repealed, thereby eliminating
TMC Section 18.58.180.
Section 14. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 15. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 16. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2016.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
01 ":• • •O
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
W: Word Processing \Ordinances \Wireless facilities - collocation update strike -thru 4 -11 -16
NG:bjs
Page 15 of 15
19
20
City Council Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
February 8, 2016 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: Kathy Hougardy,ActingChair; Joe Duffie, Thomas McLeod (Absent: De'Sean Quinn)
Staff: David Cline, Jack Pace, Nora Gierloff, Valerie Lonneman, Evie Boykan, Stacy
Hansen, Laurel Humphrey
Guests: Elizabeth Willmott, Climate Solutions; Kim Allen and Carol Tagayun, AT &T
CALL TO ORDER: Acting Chair Hougardy called the meeting to order at 5:35 p.m.
1. PRESENTATIONS
11. BUSINESS AGENDA
A. Presentation on Carbon Reduction Action Agenda
Ms. Willmott of Climate Solutions presented the Committee with a summary of the New Energy
Cities' Energy Map and Carbon Wedge analysis as well as potential near -term carbon reduction
strategies for the City to explore. These strategies were identified in collaboration with City
staff in fall of 2015, and are organized by themes of energy efficiency, transportation, and
renewable energy. The Committee asked that the presentation materials be delivered to the
full Council. INFORMATION ONLY.
B. Ordinance: Updating Wireless Communication Facilities Regulations
Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code
18.58, Wireless Communication Facilities, to conform to new Federal Communication
Commission (FCC) rules. The Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum
Act) requires cities to approve qualified applications within 60 days, allow limited expansion
and clarifies other rules. The primary effect to Tukwila's code will be to ensure the City issues
permit decisions with 60 days rather than the current 120 day period. The draft ordinance
includes other housekeeping edits and will have no financial impact. It was made available to
wireless industry representatives for feedback and will next go to the Planning Commission,
then return to Community Affairs and Parks. Councilmember Hougardy requested a map and
list of wireless facilities in the City. UNANIMOUS APPROVAL. FORWARD TO PLANNING
COMMISSION.
Attachment B
21
City of Tukwila
Planning Commission
PLANNING COMMISSION (PC) MINUTES
Date: February 25, 2016
Time: 6:30 PM
Location: Council Chambers
Present: Chair, Sharon Mann; Vice Chair, Miguel Maestas - arrived at 6:40; Commissioners, Mike
Hansen, Louise Strander, Brooke Alford and Nhan Nguyen
Staff. Nora Gierloff, Deputy Director; and Wynetta Bivens, Planning Commission Secretary
Mayor Ekberg presented a certificate to former Planning Commissioner McLeod, who has been appointed to the
Tukwila City Council. The Mayor said that it was a pleasure to have Mr. McLeod serve on the Planning
Commission and he thanked Mr. McLeod for his 6 years of service on the Board. The Mayor said that
Councilmember McLeod's help on the City Council is already being recognized. The Mayor also expressed his
appreciation to the other six Commissioners for their service on the Planning Commission Board.
Mr. McLeod said he appreciated his six years on the Commission. He said he enjoyed collaborating with the
Commissioners who are wonderful, talented, professional and intellectual people, and beyond that he appreciates
the friends he made.
Chair Mann said on behalf of the Commission they appreciated working with Mr. McLeod. Commissioner Mann
also said that Mr. McLeod had great insight on the cases that came before the Commission and she thanked him
for his time and efforts.
Chair Mann called the public hearing to order.
Motion: Commissioner Strander made a motion to adopt the 08/27/15 minutes. Commissioner Hansen
seconded the motion and all were in favor.
Chair Mann opened the public hearing and swore in those wishing to provide testimony.
CASE NUMBER: L15 -0014
TITLE: Update to TMC 18.58 Wireless Facilities
TOPIC: Amendments to Tukwila's wireless communications facilities regulations to comply
with the Spectrum Act and streamline technology updates by wireless carriers.
LOCATION: Citywide
Nora Gierloff, Deputy Director,; Department of Community Development gave the presentation.
She said the wireless regulations' were originally adopted in 2006 and there have been considerable changes to
technology since that time. After the passage of the Spectrum Act the Federal Communications Commission
(FCC) created new rules for how the City can regulate telecommunication carriers and sets certain parameters
for existed permitted sites. Carriers are allowed to update their facilities if they meet the parameters, which the
City must approve within 60 days. The City currently has three types of permits in the code, and these eligible
facilities modifications fall under the least regulated Type I permit. The City wants to encourage carriers and
make it easier for them to make the best use of existing sites instead of moving on to new monopoles or new
sites. Therefore, the attempt to streamline the process for previously approved sites works well with the
existing code. The proposal does not change the general scheme, and the Spectrum Act does not change the
concept of how wireless facilities are regulated. Additionally, some housekeeping clarifications were proposed
to streamline the process, as well as changes to come into compliance with current case law.
Attachment C 1
22
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, 1 c, 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:
6
23
Page 3
Public Hearing Minutes
February 25, 2016
18.58.170. Height A'a-i vef&-Adjustmetit to Height Staridw-ds
Where the Hearing Examiner finds that extraordinary hardships, practical difficulties, or
unnecessary and unreasonable expense would result from strict compliance with the
height limitations of the Zoning Code, or the purpose of these regulations may be served
to a greater extent by an alternative proposal, it may approve wi adjustment heiOA-Y-ny�T
to these regulations; provided that the applicant demonstrates that the waive4,$) will
stibstai#ially see+we-adjustments are consistent with the values, objectives, standards, and
requirements of this Chapter, TMC Title 18, and the Comprehensive Land Use Plan, and
demonstrate the following:1
1. The arant", - Of the heightwaii'ver 3A-11 Aetnmenta
... not be 1 to the public safe�,,. health of
welfare, of injuneiis te ethef pvopeFty, and will promote the public intepest; and
21. A particular and identifiable hardship exists or a specific circumstance warrants the
granting of an adjustment. waiver. Factors to be considered in determining the existence
of a hardship shall include, but not be limited to:
a. Topography and other site features;
b. Availability of alternative site locations;
c. Geographic location of property; and
d. Size/magnitude of project being evaluated and availability of co-location.
2. In approving the waiv-e-r-qdLustment request, the Hearing Examiner may impose such
conditions as it deems appropriate to stai#ially secure the assure consistency with the
objectives of the values, objectives, standards and requirements of this Chapter, TMC
Title 18, and the Comprehensive Land Use Plan.
3. A petition for any such waiver-adjustment shall be submitted, in writing, by the
applicant with the application for Hearing Examiner review. The petition shall state fully
the grounds for the adjus qentA� and all of the facts relied upon by the applicant.
(Ord. 2251 §72, 2009; Ord. 2135 § I (part), 2006)
Staff said that the City Attorney has reviewed the proposed language and after some minor changes was
comfortable with the language. It is up to the Commission whether they approve these policy changes.
Ms. Allen answered several questions
In response to a question raised by Co
following language from paragraph 1,
There was no further testimony.
The public hearing was closed.
The Planning Commission deliberated.
from the Commission.
)ner Alford Ms. Allen rescinded her request to delete the
Zoning Code."
Commissioner Mann was opposed to deleting the following language "the granting of the height waiver, will
not be detrimental to the public..." from the first paragraph as requested by the applicant. She said that it gives
direction to the Hearing Examiner on what the City is looking for. The Commissioners were in consensus
(note: Commissioner Alford was not in the Court Room at present.) Ms. Allen proposed that the paragraph be
moved from paragraph one to paragraph two so it could be a Hearing Examiner's decision.
Chair Mann asked for a motion accepting the green line document received from the applicant with the
following exceptions:
1. The proposal to delete "of the Zoning Code' - denied, language will remain
24
3
2. The proposal to delete paragraph 1 was approved, but the language inserted instead at the end of the
sentence at 2 "and to ensure that the granting of the height waiver will not be detrimental to the public
safety, health or welfare, or injurious to other property, and will promote the public interest."
Commissioner Maestas made a motion to approve the applicant's green line document as revised, as noted by
Chair Mann. Commissioner Hansen seconded the motion. All were in favor.
Commissioner Hansen made a motion to forward the recommendations for Case Number L15 -0014 to the
City Council for their approval with staff's findings, conclusions, and the approved noted revisions.
Commissioner Strander seconded the motion. All were in favor.
Director's Report:
• Upcoming agenda item - A Design Review for a hotel on West Valley
• Upcoming agenda item - Housekeeping amendments, changes to the SEPA Ordinance, and additional
updates to the Zoning Code
• The City Council approved Phase I of the Osterly Park Townhomes
• The City Council has put the Regional Fire Authority on hold — they were unable to complete research
in time to make the November ballot date.
• The Tree and National Environment Committee is going to reconvene to work on the policies to make
changes to the Zoning Code this summer. The intent is for this item to come to the Planning
Commission in October and go to City Council early 2017.
• Interviews for the vacant Planning Commission position are wrapping up, hopefully someone will be
selected and start by the March.
Adjourned: 8:05 PM
Submitted by: Wynetta Bivens
Planning Commission Secretary
M
25
26
(0
Legend
Parcels
Zoning
LDR
Tukwila Parcels with Wireless Facilities Permits \
Attachment D
N 27
w
Community Affairs and Parks Committee Minutes ................................................................... ............................... March 28, 2016
B. Ordinance: Wireless Communication Facilities
Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code
18.58, Wireless Communication Facilities, to conform to new Federal Communication
Commission (FCC) rules. The Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum
Act) requires cities to approve qualified applications within 60 days, allow limited expansion
and clarifies other rules. The draft ordinance includes other housekeeping edits and will have
no financial impact. The Planning Commission held a public hearing on February 25th. Staff
distributed a list of existing wireless communications facilities. The Committee requested
examples of "stealth" facilities. An additional amendment has been identified in Section 4,
18.58.050, Table A, last row to read "New tower or waiveF height adjustment." This amendment
will be reflected in the draft ordinance before the Committee of the Whole. UNANIMOUS
APPROVAL. FORWARD TO APRIL 25, 2016 COMMITTEE OF THE WHOLE FOR PUBLIC
HEARING AND DISCUSSION.
C. Code Enforcement Update: 2015 Abatements
Staff provided the Committee with an update on abatement work performed since the addition
of a Code Enforcement Officer in March 2015. Prior to 2015, 2 -3 nuisance properties were
abated per year. The additional staffing resulted in the closure of 27 cases from the backlog,
including voluntary abatements and City abatements. The Committee requested to be kept
informed on staffing and responsibilities in the Code Enforcement Department. INFORMATION
ONLY.
III. MISCELLANEOUS
Work Plan
Chair Quinn led a discussion of the Committee's work plan, and the following ideas were mentioned:
• Offsite meetings at locations relevant to the agenda
• Code Enforcement update, including rental housing inspection program
• Multifamily issues, concerns, opportunities
• Neighborhood outreach regarding Comprehensive Plan implementation
• Information about the scope of committee involvement in Fire Department organizational
issues
• Healthy Tukwila updates
• Allentown resident comment on Doak Homes development
The Community Affairs and Parks Committee Meeting adjourned at 6:37 p.m.
Next meeting: Monday, April 11, 2016
Committee Chair Approval
Minutes by LH
29
30
2 lueWg0e } }y
Tukwila Wireless Facility Permits
Main Key Field
PROJECTTVPE
Address
SITE_APN
PLANNER
PROJECT NAME
MAIN_TA
BLE SUBT
L01 -011
USE PERMITS
5200 SOUTHCENTER BLVD
1157200013
MINNIE DHALIWAL
QWEST WIRELESS- ROOFTOP ANTENNAE
TYPE 2
L01 -045
USE PERMITS
14900 INTERURBAN AVE 5
0003200009
MINNIE DHALIWAL
VERIZON WIRELESS ROOF TOP WIRELESS FACIL
TYPE 2
L02 -002
USE PERMITS
5301 SOUTHCENTER BLVD
1157200140
MINNIE DHALIWAL
AT &T rooftop wireless communication faci
TYPE 2
L02 -007
USE PERMITS
5200 SOUTHCENTER BLVD
1157200013
CAROL LUMB
INSTALLATION OF A WIRELESS TELECOMMUNICA
TYPE 2
L02 -011
USE PERMITS
57115152 ST
1157200370
CINGULAR WIRELESS IS PROPOSING ANUNSTAFF
TYPE 2
L02 -027
USE PERMITS
14800 INTERURBAN AVE 5
3597000005
MINNIE DHALIWAL
VERIZON WIRELESS ROOFTOP FACILITY
TYPE 2
L03 -002
USE PERMITS
4020 5 140 ST
7360600475
MINNIE DHALIWAL
CUP FOR NEXTEL ROOFTOP WIRELESS FACILITY
TYPE 2
L03 -005
USE PERMITS
1228 ANDOVER PARK E
3523049071
MINNIE DHALIWAL
T- Mobile /Voicestream roof top wireless f
TYPE 2
L03 -024
USE PERMITS
14404 51 AVE S
7999600160
MILES, BRANDON
Install a wireless communications facili
TYPE 2
L03 -040
USE PERMITS
4020 5 140 ST
7360600475
MINNIE DHALIWAL
T- mobile wireless communication facility
TYPE 1
L05 -019
USE PERMITS
15215 52 AVE S
1157200017
MILES, BRANDON
Roof top wireless cellular facility for
TYPE 2
L05 -078
USE PERMITS
13134 44 AVE S
7349200345
BRANDON MILES
CO- LOCATING ANTENNAS FOR WIRELESS INTERN
TYPE 1
L06 -065
USE PERMITS
16500 SOUTHCENTER PKWY
2623049127
BRANDON MILES
CUP TO LOCATE WIRELESS INTERNET FACILITY
TYPE 2
L08 -047
WIRELESS FACILITY
16400 SOUTHCENTER PKWY
2623049021
CHRIS BEALS
VERIZON WIRELESS PROPOSES TO MODIFY ITS
TYPE 2
L09 -007
WIRELESS FACILITY
12101 TUKWILA INTERNATIONAL BLVD
0923049309
BRANDON MILES
DIGITAL FOREST - INTERGATE WEST BLDG C
TYPE 2
L09 -016
WIRELESS FACILITY
13130 44 AVE S
7349200340
COURTNEY THOMSON
Modification of existing antenna. Reloc
TYPE 1
L09 -025
WIRELESS FACILITY
15920 WEST VALLEY HWY
005800024
BRANDON MILES
REPLACING ANTENNAS
TYPE 2
L09 -032
WIRELESS FACILITY
16500 SOUTHCENTER PKWY
6437300020
COURTNEY THOMSON
wireless communication device on doulble
TYPE 2
L09 -044
WIRELESS FACILITY
13130 44 AVE S
7349200340
COURTNEY THOMSON
TYPE 1
L09 -045
WIRELESS FACILITY
1232 ANDOVER PARK W
3523049074
COURTNEY THOMSON
TYPE 2 PERMIT FOR CONCEALED ROOFTOP ANTE
TYPE 2
L09 -058
WIRELESS FACILITY
18800 ORILLIA RD S
3523049037
COURTNEY THOMSON
VERIZON WIRELESS -SEA BRISCO /ORILLIA RD
TYPE 1
L10 -040
WIRELESS FACILITY
18800 ORILLIA RD 5
3523049037
COURTNEY THOMSON
VERIZONE WIRELESS S -SEA BRISCO
TYPE 1
L10 -057
WIRELESS FACILITY
13134 44 AVE S
7349200345
COURTNEY THOMSON
CLEARWIRE ATC SOUTHGATE
TYPE 1
L10 -058
WIRELESS FACILITY
2800 SOUTHCENTER MALL
9202470010
CAROL LUMB
VERIZON WIRELESS -SEA SOUTHCENTER DAS
TYPE 2
L10 -066
WIRELESS FACILITY
3458 S 146 ST
0040000315
Brandon Miles
CLEARWIRE SEA0264 RIVERTON
TYPE 2
L11 -003
WIRELESS FACILITY
16500 SOUTHCENTER PKWY
2623049127
JAIMIE REAVIS
REALCOM ASSOCIATES
TYPE 2
L11 -011
WIRELESS FACILITY
11030 EAST MARGINAL WAYS
0323049057
STACY MACGREGOR
SUNNY AUSINK
TYPE 1
L11 -014
WIRELESS FACILITY
15700 NELSON PL
0005800029
STACY MACGREGOR
AT &T MOBILITY SS05 SOUTHCENTER
TYPE 1
L11 -021
WIRELESS FACILITY
16500 SOUTHCENTER PKWY
6437300020
JAIMIE REAVIS
SUNNY AUSINK FOR AT &T
TYPE 2
L11 -022
WIRELESS FACILITY
5711 S 152 ST
1157200370
JAIMIE REAVIS
SUNNY AUSINK FOR AT &T MOBILITY
TYPE 2
L11 -027
WIRELESS FACILITY
12228 51 PL S
0179001955
JAIMIE REAVIS
AT &T WIRELESS AT ALLENTOWN 2
TYPE 1
L11 -028
WIRELESS FACILITY
6874201170
JAIMIE REAVIS
VERIZON WIRELESS
TYPE 1
L12 -007
WIRELESS FACILITY
0423049130
STACY MACGREGOR
AT &T WA158 ROXBURY
TYPE 1
L12 -012
WIRELESS FACILITY
13400 INTERURBAN AVE S
0003000115
STACY MACGREGOR
AT &T WA145 ALLENTOWN
TYPE 1
L12 -030
WIRELESS FACILITY
0223400020
STACY MACGREGOR
VERIZON SEA EAST ANDOVER
TYPE 1
L12 -032
WIRELESS FACILITY
12200 51 PL 5
0003800003
STACY MACGREGOR
SPRINT NV TUKWILA SE03XC408
TYPE 1
L12 -039
WIRELESS FACILITY
12201 TUKWILA INTERNATIONAL BLVD
0923049120
STACY MACGREGOR
REALCOM ASSOCIATES
TYPE 2
Tukwila Wireless Facility Permits
L12 -040
WIRELESS FACILITY
1228 ANDOVER PARK E
3523049071
REBECCA FOX
REALCOM ASSOCIATES
TYPE 2
L12 -041
WIRELESS FACILITY
16038 WEST VALLEY HWY
005800005
STACY MACGREGOR
SPRINT SPECTRUM
TYPE 2
L13 -0046
WIRELESS FACILITY
18800 ORILLIA RD S
3523049037
Max Baker
VERIZON @ SEAQ ORILLIA AWS MODIFICATION
TYPE 1
L13 -023
WIRELESS FACILITY
10400 MARTIN LUTHER KING WAY S
0323049026
COURTNEYJOHNSON
SPRINT SE25XC333 MCQUEEN
TYPE 2
L14 -0005
WIRELESS FACILITY
12901 BEACON -COAL MINE RD S
0001400003
Minnie Dhaliwal
BNSF RAILWAY COMMUNICATIONS TOWER
CYI"
L14 -0014
WIRELESS FACILITY
14240 INTERURBAN AVE 5
3365901881
Max Baker
SEA INTERRUB
TYPE 2
L14 -0017
WIRELESS FACILITY
2223049102
Max Baker
SPRINT 2.5 WEE SE63XC332
TYPE 1
L14 -0018
WIRELESS FACILITY
12200 51ST PL S
0003800003
Max Baker
SPRINT 2.5 TUKWILA SE03XC408
TYPE 1
L14 -0019
WIRELESS FACILITY
13130 44TH AVE S
7349200345
Max Baker
VERIZON WIRELESS SEA RIVERTON
TYPE 1
L14 -0020
WIRELESS FACILITY
596 INDUSTRY DR
0223400010
Max Baker
SEA EAST ANDOVER
TYPE 1
L14 -0038
WIRELESS FACILITY
10825 E MARGINAL WAY 5
0323049198
Max Baker
SPRINT SE03XC409 -SR -599
TYPE 1
L14 -0068
WIRELESS FACILITY
0423049130
LAURA BENJAMIN
AT & T WA158 ROXBURY
TYPE 1
L14 -0069
WIRELESS FACILITY
596 INDUSTRY DR
0223400010
LAURA BENJAMIN
VERIZON
TYPE 1
L14 -0073
WIRELESS FACILITY
10400 MARTIN LUTHER KING JR WAY S
0323049026
COLIN POFF
MCQUEEN SPRINT WIRELESS TELECOMM
TYPE 1
L14 -0074
WIRELESS FACILITY
10868 EAST MARGINAL WAY S
0323049057
COLIN POFF
AT &T MOBILITY
TYPE 1
L14 -0078
WIRELESS FACILITY
15700 NELSON PL
0005800029
COLIN POFF
SS05 SOUTHCENTER
TYPE 1
L15 -0016
WIRELESS FACILITY
12101 TUKWILA INTERNATIONAL BLVD
0923049309
VALERIE LONNEMAN
DIGITAL FORTRESS SATELLITE ANTENNA PROJ
T
L15 -0019
WIRELESS FACILITY
596 INDUSTRY DR
0223400010
COLIN POFF
SEA EAST ANDOVER
TYPE 1
L15 -0029
WIRELESS FACILITY
14220 INTERURBAN AVE S
3365901881
VALERIE LONNEMAN
T- MOBILE SE03563D
TYPE 2
L15 -0039
WIRELESS FACILITY
5476800305
DILLON ROTH
T- MOBILE SE03556D BEACON & BANGOR SCL
TYPE 2
L15 -0040
WIRELESS FACILITY
16500 SOUTHCENTER PKWY
6437300020
LAURA BENJAMIN
SPRINT CLEARWIRE EVOLUTION
TYPE 1
L15 -0041
WIRELESS FACILITY
12201 TUKWILA INTERNATIONAL BLVD
0923049120
LAURA BENJAMIN
SE03545A T- MOBILE TIB & 116TH
TYPE 1
L15 -0050
WIRELESS FACILITY
4030 S 140TH ST
7360600465
LAURA BENJAMIN
T- MOBILE @ BIRCH CREST & 142ND /SCL /LEE
TYPE 2
L15 -0059
WIRELESS FACILITY
16400 SOUTHCENTER PKWY
2623049021
LAURA BENJAMIN
SE04000B SOUTHCENTER PLACE
TYPE 2
L15 -0060
WIRELESS FACILITY
130 ANDOVER PARK E
0223100040
VALERIE LONNEMAN
SE04001A PARK EAST L700 /SECTOR SPLIT
TYPE 2
L99 -0062
USE PERMITS
18700 ORILLIA RD S
3523049037
MICHAEL JENKINS
60 FOOT MONOPOLE WITH 2 ANTENNAE
L97 -0055
USE PERMITS
15820 TUKWILA INTL BL
2223049001
MICHAEL JENKINS
CONSTRUCTION OF 100 FT MONOPOLE
E?
L96 -0070
USE PERMITS
6100 SOUTHCENTER BLVD
3597000221
MICHAEL JENKINS
AT & T WIRELESS
TYPE 2
Wireless Facility Stealth Examples
These examples are from Larson Camouflage, web site tqpj-LutiHtycamocom
I
Attachment F
33