Loading...
HomeMy WebLinkAboutPlanning 2021-08-26 Minutes - Small Wireless Communication Facilities Zoning Code AmendmentsCity of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director CITY OF TUKWILA PLANNING COIMIMISSION (PC) PUBLIC HEARING MINUTES Date: August 26, 2021 Time: 6:30 PM Location: Virtual meeting via Microsoft Teams Present: Chair Louise Strander, Vice Chair Karen Simmons, Commissioners Sharon Mann, Dixie Stark, and Apneet Sidhu Excused Absence: Commissioners Dennis Martinez and Andrea Reay Staff: Nora Gierloff, Director, Department of Community Development (DCD); Emily Miner, Assistant City Attorney; Nancy Eklund, Long Range Planning Manager; and Wynetta Bivens, Planning Commission (PC) Secretary Protocols: Nora Gierloff, Director, DCD went over the virtual meeting protocols. Adopt Minutes: Commissioner Mann moved to adopt the 7/22/21 minutes. Vice Chair Simmons seconded the motion. Motion passed. Commissioner Mann moved to adopt the 6/24/21 minutes. Commissioner Stark seconded the motion. Motion passed. Chair Strander opened the public hearing for: CASE NUMBERS: L21-0096 Zoning Code Amendment E21-0009 SEPA Checklist PURPOSE: Consider amendments to Tukwila's Zoning Code to bring it into alignment with recent FCC regulations for small wireless communication facilities. These regulations include the presumptively reasonable review timelines, fee thresholds, and design and aesthetic requirements. The Planning Commission will hold a public hearing on the proposed amendments and make recommendations to the City Council for review and adoption. LOCATION: Citywide Chair Strander swore in persons wishing to speak. Nora Gierloff, Director, DCD, gave opening comments for staff. She said the item before the PC was a somewhat technical issue on changes to Federal regulations around communication. The City is required to review the Zoning Code and amend the code to bring it into alignment with the new Federal regulations. She stated that Assistant City Attorney Miner is an expert on the subject. Assistant City Attorney Miner worked with DCD staff and industry partners to help make sure it is legislation that works for Tukwila and protects the visual environment. This team also worked to meet the communication needs of the community and the industry. Director Gierloff turned it over to Assistant City Attorney Miner to give the presentation. Tukwila City Hall • 6200 Southcenter Boulevard = Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov PC Public Hearing 8/26/21 Page 2 Emily Miner, Assistant City Attorney, gave a PowerPoint presentation on the wireless code update and provided background information. In 2016 technology was upgraded and changed to increase capacity with small cells. Small cells are smaller antennas that go on telephone poles. This technology densifies the network. Between 2016-2018 cities prepared for the deployment of the small cell technology. In 2018 the Federal Communications Commission (FCC) issued an Order due to lots of restrictions and barriers by cities. The Order gave cities less authority to regulate these types of facilities and streamlined how local cities and governments were regulating. She noted that every jurisdiction across the United States has been affected by the FCC Order. In 2019-2021 cities updated codes to reflect necessary changes. She showed examples of small cells installed on wooden utility poles, as well as non -wooden poles called smart stacks that have the equipment installed inside the pole. The City's intent is to create design regulations with cleaner non -wooden pole aesthetics. The FCC regulation requires aesthetic standards be published in advance and be reasonable. For example, antennas should not be required to be underground. The City's standards will be tested against the following FCC language: "Materially limits or inhibits the ability of any competitor or potential competitor to compete in a fair and balanced legal and regulatory environment." - California Payphone (1997 — FCC Case) To date the City has performed these actions: Adopted an emergency interim code; adopted the non -wooden design standard; conducted internal review and update of the wireless code to bring it into compliance with FCC Orders; and conducted industry and SEPA/GMA reviews; as well as this PC review of the proposed ordinance. An overview was given on the key elements of macro tower facilities and small wireless facilities and where they can be located - new poles or decorative poles and eligible facilities request. Industry comments were received from Extenet, AT&T, Verizon, and Crown Castle. Following are comments previously received and accepted: - Updates to account for recent changes in the newest FCC Order. - Suggestions to remove redundancies. - Clarification related to permitting and construction. Assistant City Attorney Miner and Director Gierloff addressed questions from the PC. Kim Allen, Wireless Policy Group, representative for Verizon, addressed questions from the PC. Gregg Busch, Wireless Policy Group, representative for AT&T, addressed questions from the PC. Commissioner Mann asked about limiting the quantity of towers located in an area. Assistant City Attorney Miner stated that a spacing requirement can be included. PUBLIC TESTIMONY Gregg Busch, Wireless Policy Group, representative for AT&T, noted the City has a provision in the code to address spacing limitation requirements of poles in the right-of-way. Mr. Busch said while small wireless facilities are the topic of the meeting, traditional macro facilities, such as cell towers, will continue to provide the backbone to service wireless networks across the county. They provide service over a wide area, and they have generators attached to them, so if the power is cut, they will continue to operate. Small wireless facilities do not have generators. AT&T small cells are not designed to use battery backups and if Phone: 206-4334800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov PC Public Hearing 8/26/21 Page 3 the power is cut, they stop functioning. Therefore, macro facilities are very important to the network, especially in emergency situations. AT&T is requesting the following amendments: TMC 18.58.060(G)(5), pg. 19, add language, "such that it is necessary to provide separation and/or clearance from electrical or wire line facilities." TMC 18.58.060(F)(1), pg. 17, add language, "City consider whether locations for macro facilities are for sale or for lease when deciding where to put the macro facilities." TMC 18.58.060(B)(2)(i), pg. 15, add language, "allow the applicant to show that the alternative for deciding a macro facility was not available for lease." (Mr. Busch noted: Amending small wireless facilities application requirements to recognize that Puget Sound Energy performs its own structural analysis for small wireless facilities on Puget Sound Energy poles.) Asking for consistency with standard practices in the area. Kim Allen, Wireless Policy Group, representative for Verizon, said they concur with AT&T's request for TMC 18.58.060(B)(2)(i) Verizon is requesting the following amendments: TMC 18.58.060(G)(7), pg. 19, strike language, "underground if applicable." TMC 18.58.160(E)(1)(a), pg., 43, strike language, "...to look on private property before being allowed to install a new pole in the right- of-way"- if language is not amended, add language, "...limit the search area to 200 ft.", amend last sentence to read; "...whether by roof or building mount." Commissioner Strander closed the public hearing. DELIBERATIONS / MOTIONS: Commissioner Mann moved to amend 18.58.060(B)(2)(i), pg. 15, to add language, "allowing commercial financial feasibility to be a factor in demonstrating the ability to co -locate." Vice Chair Simmons seconded the motion. Commissioner Stark opposed. Motion passed. Commissioner Mann moved to amend 18.060(G)(5), PG. 19, to add language, "Permitting up to 15 ft. taller unless additional height increase is required for vertical separation and is the minimum extension possible to sufficiently separate from electrical and wire line facilities." Commissioner Stark seconded the motion. Motion passed. Commissioner Mann move to amend 18.060(G)(7), pg. 19, replace "if applicable" with "if feasible." Commissioner Stark seconded the motion. Motion passed. PC were in consensus that staff will look into requests made by AT&T for 18.58.110(F), pg. 27, "...that the pole owner should be exempt from this requirement because they are exempt from the international building code." If the Building Official confirms this, then this item will move forward. Commissioner Stark moved to amend 18.58.160(E)(1)(a), pg. 36, last sentence, replace "panel" with "building", strike "or separate structure". Commissioner Simmons seconded the motion. Motion passed. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov PC Public Hearing 8/26/21 Page 4 Commissioner Sidhu raised the issue regarding limiting the quantity of wireless facility applications that can be submitted. He expressed concern that staff could be inundated with applications, and he also wanted to make sure the applicants meet all the requirements. He recommended creating an on-line application form that wireless providers need to submit to the City. Commissioners Mann and Stark were in consensus. Assistant City Attorney Miner thanked Commissioner Sidhu for raising the issue and said they will do everything possible to make the process efficient. Director Gierloff said she appreciated his concern, but she was not overly concerned because the City has been working closely with the wireless carriers. Nancy Eklund, Long Range Planning Supervisor, DCD, suggested that if a form is created it be a pdf with fillable fields. FINAL MOTION: Commissioner Mann moved to approve Case Number L21-0096 Zoning Code Amendment and E21-0009 SEPA Checklist as amended and forward to City Council for their review. Vice Chair Simmons seconded the motion. Motion passed. DIRECTOR'S REPORT Director Gierloff informed the PC that the next project they review will be a design review application. The PC Secretary informed the PC they are required to complete mandatory Equity Training due to the policy adopted by the City Council. Ideally, staff would like to hold training in September, and will poll the PC for availability and schedule. Adjourned: Submitted by: Adopted: 9:15 p.m. Wynetta Bivens Planning Commission Secretary 12/9/21 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov