HomeMy WebLinkAboutCity Council Committees - Economic and Community Development Committee - 09/10/2018
Unless otherwise noted, the Economic and Community Development Committee meets at 5
p.m. on the second Monday of each month in the Kent Ci ty Hall, Council Chambers East,
220 Fourth Avenue South, Kent, WA 98032.
For additional information please contact Rhonda Bylin at 253-856-5457 or via email at
RBylin@KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Economic and Community
Development Committee
Agenda
Chair - Bill Boyce
Satwinder Kaur– Marli Larimer
Monday, September 10, 2018
5:00 p.m.
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 01 MIN.
3. Changes to the Agenda Chair 01 MIN.
4. Approval of July 9, 2018 Minutes YES Chair 05 MIN.
5. Economic Development Activity
Update
Bill Ellis 05 MIN.
6. Urban Separators Alternatives YES Danielle Butsick 10 MIN.
7. Small Cell Wireless Facilities
Zoning Code Amendment ZCA-
2018-2
YES Erin George 15 MIN.
8. Shoreline Master Program (SMP)
Grant and Scope of Work
NO Danielle Butsick 15 MIN.
9. Kent Industrial Valley Subarea
Plan
NO Danielle Butsick 10 MIN.
10. Adjournment Chair 01 MIN.
Page 1 of 3
Pending Approval
Economic and Community
Development Committee
CC ECDC Regular Meeting
Minutes
July 9, 2018
Date: July 9, 2018
Time: 5:00 PM
Place: Centennial Center - 1St Flr
Attending: Bill Boyce, Committee Chair
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Agenda:
1. Call to Order 5:00 PM
2. Roll Call
Attendee Name Title Status Arrived
Bill Boyce Committee Chair Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
3. Changes to the Agenda
Chair Boyce proposed switching items 4 and 5 so that approval of minutes
would take place prior to Bill Ellis' update on recent Economic Development
activities. Kurt Hanson also proposed that the Action Item for Urban
Separators could be changed from Action to Information only. Committee
Members decided not to decide that until they had heard Danielle's
presentation. Committee members agreed to these changes.
4. Approval of Minutes dated June 11, 2018
MOTION: Move to approve the Minutes dated June 11, 2018
RESULT: APPROVED [UNANIMOUS]
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Boyce, Kaur, Larimer
5. Update on Economic Development Activities
Note this item was really #5 after approval of the minutes.
Bill opened by discussing the new organization which is forming to replace
the Economic Development Council. It will be called Seattle Partners, and
they have recruited Rose McGowan, late of the Obama administration and
also of the Atlanta Beltline Urban Redevelopment project. Bill believes this
background will create a shift in focus for the group from straightforward
business development and business recruitment activities, to a more
4
Packet Pg. 2
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
u
l
9
,
2
0
1
8
5
:
0
0
P
M
(
O
P
E
N
S
E
S
S
I
O
N
)
Economic and Community Development
Committee CC ECDC Regular Meeting
Minutes
July 9, 2018
Kent, Washington
Page 2 of 3
multidisciplinary approach of attracting Economic Development by improving
communities and creating cross connections among groups/areas/businesses
through large scale public improvement projects.
6. Reappoint Randall Smith to the Public Facilities District Board -
Recommend
Kurt recommended the reappointment of Randall Smith based on
recommendations from the KDP, Mr. Smith's own communicated and
demonstrated interest, having served on the Public Facilities District Board
since its inception. If approved by Council Mr. Smith's new appointment will
expire August 31, 2022.
MOTION: Recommend the Council reappoint Randall Smith to Position
Number 3 of the Public Facilities District Board, for a 4-year term that will
expire on August 31, 2022.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 8/21/2018
7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Boyce, Kaur, Larimer
7. Urban Separators Alternatives
The motion was made to table until a later date. Chair Boyce encouraged the
committee members to look over the information provided and if necessary
reach out to the staff who worked on the alternatives for more information.
Concern was expressed by all committee members that the staff
recommendation did not hew to the stated desires of either the larger
community or the Land Use and Planning Board.
MOTION: Recommend to the full City Council:
(option 1) no action regarding Urban Separators, as recommended by the
Land Use and Planning Board.
(option 2) amend the land use plan map and zoning designations for a
portion of the urban separator area west of Panther Lake along 108th Avenue
SE, as drafted in “Alternative 2 Draft Ordinance”.
(option 3) amend clustering requirements and allowed uses in urban
separators and the SR-1 zoning district, as drafted in “Alternative 3 Draft
Ordinance” and as recommended by staff.
4
Packet Pg. 3
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
u
l
9
,
2
0
1
8
5
:
0
0
P
M
(
O
P
E
N
S
E
S
S
I
O
N
)
Economic and Community Development
Committee CC ECDC Regular Meeting
Minutes
July 9, 2018
Kent, Washington
Page 3 of 3
RESULT: TABLED [0 TO 0] Next: 8/13/2018 5:00 PM
MOVER: Bill Boyce, Committee Chair
SECONDER: Satwinder Kaur, Councilmember
ABSTAIN: Kaur, Larimer
AWAY: Boyce
8. King County Cities Climate Collaboration (K4C)
King County Cities contribute monies to a shared fund support climate
change efforts in the region. The dollar amount is small and it provides a
"seat at the table" to participate in discussion of climate related issues in our
region and how they might be addressed at the municipal level.
9. Sound Transit Access Improvements Update
Danielle Butsick summarized recent developments in the restarted Kent
Station Transit Access Improvements project, initially authorized in 2008 but
put on hold due to the recession. A new parking structure is the main
feature and Kent is closely following the work ST is doing to ensure that
Kent's long range planning goals of pedestrian friendly yet adaptive to
accommodate future growth in transit use are kept in mind as design work
progresses. The two alternatives proposed for the parking structure located
at East James and Central Avenue will both require the reorientation of
railroad avenue and raise concerns among Kent staff about the designs'
ability to adapt to future needs for service capacity. Comments and
recommendations were provided to ST in writing but there has been no
response from ST at this time.
10. Economic Development Website Update
Michelle Wilmot discussed the importance of a robust and useful website as a
tool for attracting new businesses to Kent, citing market research which
states that 98% of commercial site selectors expect to obtain relevant data
online. Though upgraded significantly in the past 2 years, Kent's website
does lack a GIS-enabled component which many of our neighboring
competitor/collaborator cities have available to those "shopping" for future
commercial homes. Partnerships and creative funding ideas are being
explored to purchase an add in program called Zoom Prospector to give the
City's Economic Development Website this capacity.
11. Adjournment
Committee Secretary
4
Packet Pg. 4
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
u
l
9
,
2
0
1
8
5
:
0
0
P
M
(
O
P
E
N
S
E
S
S
I
O
N
)
ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue S,
Kent, WA 98032
253-856-5454
DATE: September 10, 2018
TO: Economic and Community Development Committee
SUBJECT: Urban Separators Alternatives
MOTION: Recommend to the full City Council no action regarding Urban
Separators, as recommended by the Land Use and Planning Board.
SUMMARY: The City received requests from property owners during the 2014 and
2015 comprehensive plan amendment docket process to consider changes to
zoning or allowed development density of Urban Separator parcels. City Council
approved the addition of an Urban Separators analysis to the department’s work
plan starting in 2017. Staff completed an inventory and characterization report of
existing Urban Separators parcels, a consistency review to assess relevant policies,
and conducted public outreach in a variety of formats and venues. Based on the
results of the public outreach process and consistent with Kent’s comprehensive
plan policies, staff has developed three policy alternatives: 1) no changes; 2)
amend land use plan map and zoning designations for a portion of the urban
separator area west of Panther Lake along 108th Avenue SE; and 3) amend
clustering requirements and allowed uses in urban separators and the SR-1 zoning
district. A public hearing was held on June 25, 2018. Staff recommended
Alternative 3, amend clustering requirements and allowed uses in urban separators
and the SR-1 zoning district. The Land Use and Planning Board voted to
recommend Alternative 1, take no action.
BACKGROUND: Kent’s comprehensive plan and King County Countywide Planning
Policies designate certain areas in the city as Urban Separators. These areas are
intended to create visual definition within and between urban areas, buffer rural or
resource lands, preserve open space and opportunities for recreation, and connect
wildlife and critical area corridors. This designation effectively limits development
on these parcels to one residential unit per acre, as Kent’s comprehensive plan
policies require all Urban Separators to be zoned SR-1, the lowest density allowed
under Kent’s zoning code. Subdivisions in urban separators must be “clustered”;
among other requirements, this means that 50% of the unconstrained portion of
the parcel must be set aside as permanent open space.
City council directed staff to comprehensively review the urban separator
designation and evaluate its continued relevance in Kent. The alternatives
presented by staff were informed by comments received during one-on-one
interviews, two public open houses, and a public hearing, as well as the results
6
Packet Pg. 5
from an online public survey. The alternatives included 1) a no action alternative
(no changes), 2) amendments to the land use plan map and zoning designations for
8 parcels (6623400339, 6623400340, 6623400350, 6623400351, 6623400352,
6623400353, 6623400354, and 6623400355) in the westernmost portion of the
Panther Lake urban separator, and 3) amendments to the use tables and clustering
requirements for urban separators and SR-1 zoning district. Staff recommended
alternative 3, amend clustering requirements and allowed uses in urban separators
and the SR-1 district. The Land Use and Planning Board voted to recommend
Alternative 1, take no action.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services
6
Packet Pg. 6
ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue S,
Kent, WA 98032
253-856-5454
DATE: September 10, 2018
TO: Economic and Community Development Committee
FROM: ECD - Planning
SUBJECT: Small Cell Wireless Facilities Zoning Code Amendment ZCA-
2018-2
MOTION: Recommend to the City Council approval/denial/modification of
proposed amendments to 15.08.035 of the Kent City Code, related to small
cell wireless facilities as presented by staff.
SUMMARY: Until recently, wireless telecommunication facilities (WTF’s) were
primarily constructed as large freestanding towers or attached to the roof of
existing buildings. A new type of wireless facility called “small cells” provide
connectivity to consumers in areas where coverage and capacity of traditional cell
towers (or macrocells) are challenged by terrain or buildings. Small cells transmit at
much lower signal power levels than macrocells, thus allowing the antennas and
equipment to be much smaller and located on shorter poles.
As consumers’ reliance upon mobile devices continues to increase, wireless
infrastructure must continue to be upgraded and improved to keep up with
demand. Accordingly, small cell deployment is expected to increase dramatically.
Three wireless carriers have approached ECD and Legal staff about attaching small
cells to existing utility poles (both PSE owned power poles and City-owned street
lights) located in the right-of-way throughout the city, and other carriers are
expected to follow suit.
Currently Zoning Code allows attachment of WTF antennas/equipment to existing
structures on all property in the City, including on property owned, leased, or
controlled by government (including right-of-way). A permit called “Administrative
Approval” is currently required, which takes about a month, requires ECD staff
review and preparation of a written staff report. This process was originally written
with large cell towers in mind, which are larger and have greater impacts on
surrounding properties.
Now with small cell technology, the antennas and equipment attaching to utility
poles will look and function like utilities. Other utilities (such as telephone & power
poles) do not require land use permits, are not reviewed by planners and do not
involve writing a staff report. Considering the large number of small cells likely to
be proposed in Kent in the near future, the amount of staff time necessary to write
7
Packet Pg. 7
hundreds of staff reports will be significant. Given the impending influx of small cell
requests, we need to streamline our permitting process.
The Public Works Department requires carriers to negotiate and sign a Franchise
Agreement for any equipment located within right-of-way. If City Council decides to
allow attachment to City-owned street lights, a Master License Agreement will be
required in those instances. Both agreements will include extensive concealment
measures and design limitations to ensure small cells are mounted as close to the
pole as possible, are painted to blend in with the pole and do not exceed certain
maximum dimensions. Legal staff are currently finalizing the first such Franchise
Agreement including concealment measures ECD has agreed to, which will be
presented to City Council in September or October.
As written in the attached ordinance, staff recommends adding a land use review
exemption for small cells attached to utility poles in the right-of-way and adding a
definition of “small cell equipment” and “personal wireless service.” As traditional
cell towers or macrocells will still be used in some locations, staff recommends
retaining the rest of KCC 15.08.035 unchanged to apply to all wireless facilities
located outside right-of-way. This issue was discussed at Council Workshops on
February 20, 2018 and April 3, 2018 and considered by the Land Use & Planning
Board (LUPB) at a July 23, 2018 public hearing. The LUPB voted unanimously to
recommend approval of the code amendments as presented by staff.
BUDGET IMPACT: NONE
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
ATTACHMENTS:
1. 15.08.035_Small Cell Ordinance_LawApproved (DOCX)
08/13/18 Economic and Community Development Committee
MEETING CANCELLED Next: 09/10/18
7
Packet Pg. 8
1 Amend KCC 15.08.035-
Re: Small Cell Equipment
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending section
15.08.035 of the Kent City Code, entitled “Wireless
telecommunications facilities,” to add definitions and
a land use review exemption relating to small cell
equipment.
RECITALS
A. There is a need to encourage the availability of high-speed
internet and cellular telephone access for residents and businesses,
acknowledging that a growing number of businesses are conducted from
homes or on-the-go; that education increasingly incorporates on-line
learning necessitating good home internet connections for students and
faculty; and that government participation and emergency service to the
general public are enhanced by fast and reliable cellular and home internet
connectivity.
B. Increasing public demand for fast and reliable cellular and
internet service has necessitated new wireless technology called “small cells”
that transmit at much lower signal power levels, enabling wireless
telecommunication equipment to be smaller and located on shorter poles.
7.a
Packet Pg. 9
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
2 Amend KCC 15.08.035-
Re: Small Cell Equipment
C. It is important to accommodate the growing demand and
constantly changing technology for telecommunications services in support
of City Council’s strategic goal for evolving infrastructure.
D. It is necessary to encourage the location of small cell facilities
on existing infrastructure, including proprietary and leased poles within the
right-of-way in order to encourage concealed technologies; thereby
minimizing visual impacts and effects upon the natural environment.
E. Small cell equipment attaching to propriety or leased poles
such as electric, telephone or light poles will look and function like utilities.
Utilities such as these do not currently require land use permits unless they
are located within 200 feet of a shoreline of the state.
F. The Zoning Code currently requires a land use permit for each
proposal to attach wireless telecommunication equipment to an existing
structure. Current and anticipated future requests from multiple wireless
carriers to place small cell equipment on hundreds of utility poles throughout
the city will result in a significant amount of staff time to review the land
use permits and write staff reports.
G. It is within the public interest to streamline City processes and
reduce staff time where the streamlined effort will have the same result on
the physical environment as the prior process.
H. At two City Council Workshops on February 20, 2018 and April
3, 2018, Legal and Planning staff provided an overview regarding small cell
technology and aesthetics, explaining the need for streamlined permitting
and concealment measures.
I. On May 18, 2018, the City requested expedited review under
RCW 36.70A.106 from the Washington State Department of Commerce
7.a
Packet Pg. 10
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
3 Amend KCC 15.08.035-
Re: Small Cell Equipment
regarding the City’s proposed code amendments related to small cell
facilities. The Washington State Department of Commerce granted the
request for expedited review on June 5, 2018. No comments were received
from State agencies.
J. The City’s SEPA Responsible Official determined that the
proposed code amendments are categorically exempt under WAC 197-11-
800(19) because they relate solely to governmental procedures and contain
no substantive standards respecting use or modification of the environment.
K. At its regularly-scheduled public meeting on July 23, 2018, the
Land Use and Planning Board (LUPB) held a public hearing regarding the
proposed code amendments related to small cell facilities. After considering
the matter, the LUPB voted to recommend adoption of the proposed
amendments to the City Council.
L. On August 13, 2018, the Economic and Community
Development Committee considered the recommendations of the LUPB at
its regularly-scheduled meeting, and recommended to the full City Council
__________ of the proposed code amendments.
M. At its regularly-scheduled meeting on August 21, 2018, the City
Council voted to ________ the amendments to portions of Chapter
15.08.035 of the Kent City Code, pertaining to small cell facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Amendment – KCC 15.08.035. Section 15.08.035 of
the Kent City Code, entitled “Wireless telecommunications facilities,” is
hereby amended to read as follows:
7.a
Packet Pg. 11
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
4 Amend KCC 15.08.035-
Re: Small Cell Equipment
Sec. 15.08.035. Wireless telecommunication facilities.
A. Purpose and goals. The purpose of this section is to establish general
guidelines for the siting of wireless telecommunications facilities (WTFs),
specifically including, without limitation, towers and antennas, in light of the
following goals:
1. Protecting residential areas from potential adverse impacts;
2. Enhancing the ability of the providers of wireless
telecommunications services to provide those services quickly, effectively,
and efficiently;
3. Encouraging location in nonresidential areas;
4. Minimizing the total height of towers within the community;
5. Encouraging the joint use of new and existing sites;
6. Encouraging service providers to locate and configure facilities
to minimize adverse impacts through careful design, siting, landscaping,
screening, and innovative camouflaging techniques; and
7. Considering potential adverse impacts to the public health and
safety from these facilities except where preempted by other laws, rules,
and regulations.
In furtherance of these goals, the city shall give due consideration to
the city’s comprehensive plan, zoning map, existing land uses, and
environmentally sensitive areas in approving sites for the location of WTFs,
including towers and antennas.
B. Definitions. As used in this section only, the following terms shall
have the meanings set forth below:
Abandon or abandonment means:
1. To cease operation for a period of one hundred eighty (180) or
more consecutive calendar days; or
2. To reduce the effective radiated power of an antenna by
seventy-five (75) percent for one hundred eighty (180) or more consecutive
7.a
Packet Pg. 12
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
5 Amend KCC 15.08.035-
Re: Small Cell Equipment
calendar days unless new technology or the construction of additional cells
in the same locality allows reduction of effective radiated power by more
than seventy-five (75) percent, so long as the operator still serves
essentially the same customer base.
Antenna means any exterior transmitting or receiving device used in
communications that radiates or captures electromagnetic waves.
Backhaul network means the lines that connect a provider’s
WTFs/towers/cell sites to one (1) or more cellular telephone switching
offices, and/or long distance providers, or the public switched telephone
network.
Camouflage means to disguise, hide, or integrate with an existing or
proposed structure or with the natural environment so as to be significantly
screened from view.
Co-locate means use of a WTF by more than one (1) service provider.
COW means cell on wheels or Cellular on Wheels.
EIA means Electronic Industries Association.
FAA means the Federal Aviation Administration.
FCC means the Federal Communications Commission.
Guyed tower means a wireless communication support structure
which is typically over one hundred (100) feet tall and is steadied by wire
guys in a radial pattern around the tower.
Height means, when referring to a tower or other WTF, the distance
measured from the finished grade of the parcel at the base of the WTF to
the highest point on the tower or other WTF, including the base pad and
any antennas.
Lattice tower means a support structure which consists of a network
of crossed metal braces, forming a tower which is usually triangular or
square in cross-section.
Monopole tower means a support structure which consists of a single
pole sunk into the ground and/or attached to a foundation.
7.a
Packet Pg. 13
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
6 Amend KCC 15.08.035-
Re: Small Cell Equipment
Non-whip antenna means an antenna that is not a whip antenna, such
as dish antennas, panel antennas, etc.
Personal Wireless Service means commercial mobile services,
unlicensed wireless services, and common carrier wireless exchange access
services as defined in Title 47, United States Code, Section 332(c)(7)(C), or
as amended.
Preexisting WTF means any WTF for which a building permit has been
properly issued prior to July 7, 1997, including permitted WTFs that have
not yet been constructed, so long as that permit or approval has not expired.
Small Cell Equipment means Wireless Telecommunications Facilities
attached, mounted, or installed on a proprietary or leased pole excluding
monopole towers, that is located in Right-of-Way and used to provide
Personal Wireless Service.
Telecommunications means the transmission, between or among
points specified by the user, of information of the user’s choosing without
change in the form or content of the information as sent and received.
Telecommunications service means the offering of
telecommunications for a fee directly to the public, or to such classes of
users as to be effectively available directly to the public, regardless of the
facilities used.
Tower means any structure that is designed and constructed primarily
for the purpose of supporting one (1) or more antennas for
telecommunications, telephone, radio, and similar communication
purposes. The term includes the structure, all structural supports, and all
related buildings and appurtenances.
Whip antenna means an omni-directional dipole antenna of cylindrical
shape that is no more than six (6) inches in average diameter.
Wireless telecommunications facility or WTF includes “personal
wireless service,” “personal wireless service facilities,” and “facilities” as
defined in Title 47, United States Code, Section 332(c)(7)(C), including all
future amendments, and also includes facilities for the transmission and
7.a
Packet Pg. 14
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
7 Amend KCC 15.08.035-
Re: Small Cell Equipment
reception of radio or microwave signals used for communication,
telecommunication, cellular phone personal communications services,
enhanced specialized mobile radio, and any other services licensed by the
FCC, and also includes any other unlicensed wireless services.
C. Applicability.
1. New uses. All WTF proposals made in the city, whether for new
construction or for modification of existing facilities, shall be subject to the
regulations set forth in this code, except as provided in subsection (D) of
this section.
D. Exemptions. The following are exempt from the provisions of this
section and are allowed in all zoning districts.
1. Existing uses. WTFs that currently exist on July 7, 1997, or for
which a valid building permit has been obtained and remains in effect on
July 7, 1997, except this exemption does not apply to modifications of
existing facilities.
2. Industrial/scientific equipment. Industrial processing
equipment and scientific or medical equipment using frequencies regulated
by the FCC.
3. Amateur radio station operators or receive-only antennas. Any
tower or antenna that is under seventy (70) feet in height and is owned and
operated by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas.
4. Home satellite services. Satellite dish antennas less than two
(2) meters in diameter, including direct-to-home satellite services, when
used as a secondary use of the property.
5. COW. A COW or other temporary WTF, but its use anywhere in
the city cannot exceed thirty (30) days, unless extended by permit issued
by the planning manager or unless the city has declared an area-wide
emergency.
7.a
Packet Pg. 15
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
8 Amend KCC 15.08.035-
Re: Small Cell Equipment
6. Public safety WTFs and equipment. Public safety WTFs and
equipment, including, but not limited to, the regional 911 system.
7. Small Cell Equipment. Small cell equipment as defined in
15.08.035.B, subject to a specific agreement with the City, provided such
equipment complies with concealment features stipulated in such
agreements.
E. General.
1. Principal or accessory use. WTFs may be considered either
principal or accessory uses. A different use of an existing structure on the
same lot shall not preclude the installation of WTFs on that lot.
2. Not essential services. WTFs shall be regulated and permitted
pursuant to this section and shall not be regulated or permitted as essential
public services.
F. General requirements.
1. Siting. Anyone who applies to construct a WTF or to modify or
add to an existing WTF shall demonstrate to the city’s satisfaction that the
proposed facility is located at the least obtrusive and the most appropriate
available site to function in the applicant’s grid system.
2. FCC licensing. The city will only process WTF permit
applications upon a satisfactory showing of proof that the applicant is an
FCC licensed telecommunications provider or that the applicant has
agreements with an FCC licensed telecommunications provider for use or
lease of the facility.
3. Compliance with other laws. Applicants must show, to the
satisfaction of the planning manager, compliance with current FCC and FAA
rules and regulations and all other applicable federal, state, and local laws,
rules, and regulations.
4. Lot size. For purposes of determining whether the installation
of WTFs complies with district development regulations including, but not
7.a
Packet Pg. 16
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
9 Amend KCC 15.08.035-
Re: Small Cell Equipment
limited to, setback requirements, lot-coverage requirements, and other
requirements, the dimensions of the entire lot shall control, even though
the WTFs may be located on leased parcels within that lot.
5. Height. Unless further restricted or expanded elsewhere in this
section, no WTFs may exceed the following height and usage criteria:
a. For a single user, up to ninety (90) feet in height; and
b. For two (2) or more users, up to one hundred twenty
(120) feet in height.
6. Security fencing. WTFs shall be enclosed, where appropriate,
by security fencing not less than six (6) feet in height; provided however,
that the planning manager or, where applicable, the hearing examiner may
waive these requirements, as appropriate.
7. Landscaping. WTFs shall be landscaped with a buffer of plant
materials that effectively screens the view of the WTF compound; provided,
however, that the planning manager or, where applicable, the hearing
examiner may waive these requirements if the goals of this section would
be better served.
8. WTFs mounted on structures or rooftops. WTFs mounted on
existing structures or rooftops shall be designed and located so as to
minimize visual and aesthetic impacts to the adjoining land uses and
structures and shall, to the greatest extent practical, blend into the existing
environment.
9. Aesthetics. WTFs shall meet the following requirements:
a. WTFs shall be painted a neutral color so as to reduce
visual obtrusiveness.
b. At a WTF site, the design of the buildings and related
structures shall, to the extent possible, use materials, colors, textures,
screening, and landscaping that will blend into the existing natural and
constructed environment.
7.a
Packet Pg. 17
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
10 Amend KCC 15.08.035-
Re: Small Cell Equipment
10. Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required for any WTF,
the lighting must cause the least disturbance to the surrounding area.
11. Measurement. For purposes of measurement, WTF setbacks
and separation distances shall be calculated and applied irrespective of
municipal and county jurisdictional boundaries.
12. Franchises, licenses, and permits. Owners and/or operators of
WTFs shall certify that they have obtained all franchises, licenses, or permits
required by law for the construction and/or operation of a wireless
telecommunication system in the city and shall file a copy of all required
franchises, licenses, and permits with the planning manager.
13. Signs. No signs shall be allowed on an antenna or tower.
14. Backhaul providers. Backhaul providers shall be identified and
they shall have and maintain all necessary approvals to operate as such,
including holding necessary franchises, permits, and certificates. The
method of providing backhaul, wired or wireless, shall be identified.
G. Tower requirements.
1. Tower setbacks. All towers, support structures, and accessory
buildings must satisfy the minimum setback requirements for that zoning
district.
2. Support systems setbacks. All guywires, anchors, and other
support structures must be located within the buildable area of the lot and
not within the front, rear, or side yard setbacks and no closer than five (5)
feet to any property line.
3. Monopole construction required. All towers will be of a tapering
monopole construction; however, the planning manager or, where
applicable, the hearing examiner may allow another type tower upon a
showing that it would cause less impact to the surrounding property than a
similar monopole structure or would further the purposes and goals in this
section.
7.a
Packet Pg. 18
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
11 Amend KCC 15.08.035-
Re: Small Cell Equipment
4. Inventory of existing sites. Each applicant for a tower shall
provide an inventory of its existing WTF sites that are either within the
jurisdiction of the city or within one (1) mile of its borders, including specific
information about the location, height, and design of each facility.
5. EIA standards. Towers shall be constructed so as to meet or
exceed the most recent EIA standards. Prior to issuance of a building permit,
the building official shall be provided with an engineer’s certification that
the tower’s design meets or exceeds those standards.
6. Site selection and height. Towers shall be located to minimize
their number and height and to minimize their visual impacts on the
surrounding area in accordance with the following policies:
a. Ensure that the height of towers has the least visual
impact and that the height is no greater than necessary to achieve service
area requirements and to provide for potential co-location; and
b. Demonstrate that the owner or operator has, to the
greatest extent practical, selected a new tower site that provides the least
visual impact on residential areas. This shall include an analysis of the
potential impacts from other vantage points in the area to illustrate that the
selected site and design provides the best opportunity to minimize the visual
impact of the proposed facility; and
c. Site so as to minimize being visually solitary or
prominent when viewed from surrounding areas, especially residential
areas. The facility should be camouflaged to the maximum extent feasible.
7. Co-location priority. Co-location of antennas by more than one
(1) carrier on existing towers is preferred to construction of new towers;
provided, that the co-location is consistent with the following:
a. Redesign restrictions. A tower that is modified or
reconstructed to accommodate the co-location of an additional antenna shall
be of the same tower type as the existing tower, or of a less obtrusive design
(such as a monopole), if practical.
7.a
Packet Pg. 19
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
12 Amend KCC 15.08.035-
Re: Small Cell Equipment
b. Height. Except as may be modified in subsection
(I)(1)(a) of this section, an existing tower may be modified or rebuilt to a
taller height, not to exceed thirty (30) feet over the tower’s existing height
or one hundred twenty (120) feet, whichever is lower, to accommodate the
co-location by another provider or operator of an additional antenna system
in any district except DC, DCE, NCC, and all SR districts. This additional
height shall not require an additional distance separation.
c. Onsite relocation. A tower that is being rebuilt to
accommodate the co-location of an additional antenna may be relocated on
its existing site within fifty (50) feet of its existing location. If consistent
with the purposes and goals in subsection (A) of this section, the planning
manager or, where applicable, the hearing examiner, may permit the onsite
relocation of a tower which comes within the separation distances to
residential units or residentially zoned lands.
8. Separation distances between towers. Separation distances
between towers shall be measured between the proposed tower and
preexisting towers. Measurement shall be from base of tower to base of
tower, excluding pad, footing, or foundation. The separation distances shall
be measured by drawing or following a straight line between the nearest
point on the base of the existing tower and the proposed tower base,
pursuant to a site plan of the proposed tower. The separation distances
(listed in linear feet) shall be as shown in Table 1, unless the distance is
reduced by the planning manager when administratively approving a WTF
or by the hearing examiner through issuance of a conditional use permit.
Table 1
7.a
Packet Pg. 20
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
13 Amend KCC 15.08.035-
Re: Small Cell Equipment
Lattice Guyed
Mono-
pole 75
feet in
height
or
greater
Mono-
pole
less
than
75 feet
in
height
Lattice 5,000 5,000 1,500 750
Guyed 5,000 5,000 1,500 750
Monopole 75 feet in
height or greater
1,500 1,500 1,500 750
Monopole less than
75 feet in height
750 750 750 750
H. Administratively approved WTFs. The planning manager may
administratively approve the uses listed in this subsection, once each
applicant has applied for and provided all necessary information required in
this code and in the city’s application form. This administrative approval is
classified as a Process I application and is subject to the requirements of
Ch. 12.01 KCC.
1. Administratively approved uses. The following uses may be
approved by the planning manager after conducting an administrative
review:
a. Industrial/commercial zones. Locating WTFs, including
the placement of additional buildings or other supporting equipment used
in connection with WTFs, that do not exceed ninety (90) feet in height for a
single user and one hundred twenty (120) feet in height for two (2) or more
users in the following districts: MA, M1, M1-C, M2, M3, CM-1, CM-2, GC,
and GWC.
b. Antennas on existing structures. Locating a WTF other
than a tower as an accessory use by attachment to any building or structure
other than a single-family dwelling or multifamily structure of fewer than
eight (8) dwelling units in any zoning district provided:
7.a
Packet Pg. 21
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
14 Amend KCC 15.08.035-
Re: Small Cell Equipment
i. The antenna does not extend more than twenty
(20) feet above the highest point of the structure if a whip antenna, or ten
(10) feet above the highest point of the structure if a non-whip antenna;
and
ii. The antenna complies with all applicable building
codes; and
iii. All associated equipment is placed either within
the same building or in a separate structure that matches the existing
building or structure in character and materials.
c. WTFs on existing towers. Locating a WTF through co-
location by attaching the antenna to an existing tower.
d. WTFs within allowable building height. Locating WTFs,
including placement of additional buildings or other supporting equipment
used in connection with the WTF in O, CC, MRG, MRM, MRH, AG, and A-10
districts, so long as the WTF does not exceed the allowable building height
for that district.
e. COWS for greater than thirty (30) day periods. Upon a
proper showing of extreme necessity (for example, if repair or modification
of an existing WTF clearly and legitimately cannot be completed within thirty
(30) days), locating a COW at a single location for more than thirty (30)
calendar days; however, purely economic convenience shall not be
considered a viable factor in making this determination.
2. Authority to waive certain requirements. In connection with
this administrative approval, the planning manager may, in order to
encourage camouflaging and co-location of WTFs, administratively waive
separation distance requirements between WTFs by up to fifty (50) percent
in nonresidential zones. Additionally, the planning manager may, in order
to encourage the use of the least obtrusive type of WTF, administratively
allow the reconstruction of an existing WTF to that less obstructive use.
7.a
Packet Pg. 22
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
15 Amend KCC 15.08.035-
Re: Small Cell Equipment
I. Conditional use permits. Applications for conditional use permits
under this subsection shall be subject to the procedures and requirements
of KCC 15.09.030 and Ch. 12.01 KCC, except as modified by this subsection.
If the WTF is not subject to administrative approval pursuant to subsection
(H) of this section, then a conditional use permit shall be required.
1. Conditional WTF uses. Specifically, conditional use permits
shall be required for the following WTFs:
a. Industrial/commercial zones. Locating WTFs that exceed
ninety (90) feet in height for a single user or one hundred twenty (120) feet
for two (2) or more users or locating antennas on existing structures that
exceed the height limitations in subsection (H)(2)(b) of this section in the
following districts: MA, M1, M1-C, M2, M3, CM-1, CM-2, GC, and GWC.
b. Government property. Locating WTFs (1) separate from
existing structures on property owned, leased, or otherwise controlled by
the city or other governmental entity or (2) attached to existing structures
on property owned, leased, or otherwise controlled by the city or other
governmental entity exceeding the height limitations in subsection
(H)(2)(b) of this section, but only on the condition that the total height of
the attached WTF, including the structure, does not exceed one hundred
twenty (120) feet, unless permitted under subsection (I)(1)(a) of this
section; however, this subsection shall not apply in DC, DCE, and NCC
districts.
c. WTFs exceeding allowable building height. Locating
WTFs that exceed the allowable building height in the following districts: O,
CC, MRG, MRM, MRH, AG, and A-10.
d. Tower construction under allowed separation distances.
Locating towers that do not meet the separation distance requirements in
subsection (G)(8) of this section or that do not meet administratively
approved separation distance limits.
2. Factors considered in granting conditional use permits for
towers. In addition to KCC 15.09.030(D), the hearing examiner shall also
7.a
Packet Pg. 23
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
16 Amend KCC 15.08.035-
Re: Small Cell Equipment
consider the following factors when considering a CUP application for WTF
towers:
a. Height of the proposed tower;
b. Proximity of the tower to residential structures and
residential district boundaries;
c. Nature of uses on adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage;
f. Design of the tower, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness;
g. Availability of suitable existing towers, other structures,
or alternative technologies not requiring the use of towers or structures;
h. Obstruction of or interference with views;
i. Consistency with purpose and goals set forth in
subsection (A) of this section.
3. Availability of suitable existing towers, other structures, or
alternative technology. No new tower shall be permitted unless the applicant
demonstrates to the reasonable satisfaction of the hearing examiner that
no existing tower, structure, or alternative technology that does not require
the use of towers can accommodate the applicant’s proposed WTF. An
applicant shall submit information requested by the hearing examiner
related to the availability of suitable existing towers, other structures, or
alternative technology. Evidence submitted to demonstrate that no existing
tower, structure, or alternative technology can accommodate the applicant’s
proposed WTF may consist of any of the following:
a. No existing WTF is located within the geographic area
that meets applicant’s engineering requirements.
b. Existing WTFs are not of sufficient height to meet
applicant’s engineering requirements.
7.a
Packet Pg. 24
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
17 Amend KCC 15.08.035-
Re: Small Cell Equipment
c. Existing WTFs cannot practically be reconstructed to
provide sufficient structural strength to support applicant’s proposed
antenna and related equipment.
d. Electromagnetic interference would occur between two
(2) or more WTF systems.
e. The fees, costs, or contractual provisions required by the
owner in order to share an existing WTF or to adapt an existing WTF for co-
location are unreasonable. Fees or costs that exceed new WTF development
shall not be presumed to render sharing facilities unsuitable.
f. Other limiting factors render existing WTFs unsuitable.
g. An alternative technology that does not require the use
of towers or structures would be unsuitable. Costs of alternative technology
that exceed new WTF development shall not be presumed to render the
technology unsuitable.
4. Separation requirements. The hearing examiner may reduce
tower separation distance requirements, including administratively
approved separation distance reductions, if the purposes and goals of this
section would be better served; however, development of multiple tower
locations on a single site (often referred to as “antenna farms”) are
specifically discouraged wherever possible.
J. Removal of abandoned towers.
1. Abandonment and removal. The owner or operator of any
abandoned tower shall notify the city’s planning manager, in writing, of that
abandonment and shall remove the same within ninety (90) calendar days.
Failure to remove an abandoned tower within ninety (90) calendar days
shall be grounds to remove the tower at the owner’s expense. If there are
two (2) or more users of a single tower, then the city’s right to remove the
tower shall not become effective until all users abandon the tower.
2. Partial abandonment and removal. If the antennas on any
tower are removed or relocated to a point where the top twenty (20) percent
7.a
Packet Pg. 25
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
18 Amend KCC 15.08.035-
Re: Small Cell Equipment
or more of the height of the tower is no longer in use, the tower shall be
deemed partially abandoned. The owner or operator of any partially
abandoned tower shall notify the city’s planning manager, in writing, of that
partial abandonment and shall remove the partially abandoned portion
within ninety (90) calendar days. Failure to remove a partially abandoned
tower within ninety (90) calendar days shall be grounds to remove the
abandoned portion of the tower at the owner’s expense.
3. Security and lien. Each applicant, prior to commencement of
construction, shall post sufficient security in the form of a bond, assignment
of funds, cashier’s check, or cash, in a form acceptable to the city, to cover
the estimated cost of demolition or removal of the tower and support
structures, including complete site restoration. If for any reason the posted
funds are not adequate to cover the cost of removal, then the city may
charge the facility owner or operator with the city’s total cost incurred in
removing the abandoned structures. If the owner or operator fails to make
full payment within thirty (30) calendar days, then the amount remaining
unpaid shall become a lien on the facility property.
K. Nonconforming uses.
1. Preexisting towers. Preexisting towers shall be allowed to
continue their usage as they presently exist. Routine maintenance shall be
permitted. Any construction other than routine maintenance on a
preexisting tower shall comply with the requirements of this section.
2. Damage or destruction not the fault of owner/occupant. Bona
fide nonconforming WTFs that are damaged or destroyed without fault
attributable to the owner or entity in control may be rebuilt without first
having to obtain administrative approval or a conditional use permit and
without having to meet separation requirements. The type, height, and
location of the tower onsite shall be of the same type and intensity as the
original facility. Building permits to rebuild the facility shall comply with
applicable building codes and shall be obtained within one hundred eighty
7.a
Packet Pg. 26
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
19 Amend KCC 15.08.035-
Re: Small Cell Equipment
(180) days from the date the facility is damaged or destroyed. If no permit
is obtained or if the permit expires, the tower or antenna shall be deemed
abandoned as specified in subsection (J) of this section.
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 3. – 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; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and be
in force thirty 30 days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR ‘PAT’ FITZPATRICK, CITY ATTORNEY
7.a
Packet Pg. 27
At
t
a
c
h
m
e
n
t
:
1
5
.
0
8
.
0
3
5
_
S
m
a
l
l
C
e
l
l
O
r
d
i
n
a
n
c
e
_
L
a
w
A
p
p
r
o
v
e
d
(
1
3
4
0
:
S
m
a
l
l
C
e
l
l
W
i
r
e
l
e
s
s
F
a
c
i
l
i
t
i
e
s
Z
o
n
i
n
g
C
o
d
e
A
m
e
n
d
m
e
n
t
Z
C
A
-
2
0
1
8
-
2
)
ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue S,
Kent, WA 98032
253-856-5454
DATE: September 10, 2018
TO: Economic and Community Development Committee
SUBJECT: Shoreline Master Program (SMP) Grant and Scope of Work
SUMMARY: The city’s Shoreline Master Program (SMP), adopted by Kent City
Council in 2009, is due for a required periodic review by June 30, 2019. The update
is expected to be minor, and will ensure consistency between the SMP and Kent’s
Comprehensive Plan, any updated development regulations, and any state
regulations adopted since the plan was developed.
The Department of Ecology has made a $30,000 SMP grant available to Kent for the
periodic review and update; staff submitted the grant application to Ecology in
June, and the City was awarded the funds in July. Staff has engaged a consultant,
The Watershed Company, to perform a large portion of the update.
At the August 13th Economic and Community Development Committee meeting,
staff will present information about the plan update, grant funding, and next steps.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City, Sustainable Services
ATTACHMENTS:
1. ECDC Shoreline Master Program – Periodic Update_Final (PDF)
8
Packet Pg. 28
Shoreline Master Program –
Periodic Review
Economic & Community Development Committee
August 13, 2018
8.a
Packet Pg. 29
At
t
a
c
h
m
e
n
t
:
E
C
D
C
S
h
o
r
e
l
i
n
e
M
a
s
t
e
r
P
r
o
g
r
a
m
–
P
e
r
i
o
d
i
c
Periodic Update
Requirements ▪Review for consistency with updated
RCW/WAC since 2009
▪Review for consistency with new
comp. plan and development regs.
▪Public Participation Plan (including
joint public hearing)
▪Finalize and adopt amendments
8.a
Packet Pg. 30
At
t
a
c
h
m
e
n
t
:
E
C
D
C
S
h
o
r
e
l
i
n
e
M
a
s
t
e
r
P
r
o
g
r
a
m
–
P
e
r
i
o
d
i
c
Kent was awarded
grant funding for the
update
▪Ecology SMP grant: $30,000
▪Grant agreement is signed.
▪Deadline for work to be
complete is June 30, 2019
8.a
Packet Pg. 31
At
t
a
c
h
m
e
n
t
:
E
C
D
C
S
h
o
r
e
l
i
n
e
M
a
s
t
e
r
P
r
o
g
r
a
m
–
P
e
r
i
o
d
i
c
Grant will fund
consultant support.
▪Contract signed with
The Watershed Co.
▪Completed Kent’s current
(2009) SMP
8.a
Packet Pg. 32
At
t
a
c
h
m
e
n
t
:
E
C
D
C
S
h
o
r
e
l
i
n
e
M
a
s
t
e
r
P
r
o
g
r
a
m
–
P
e
r
i
o
d
i
c
Next Steps
▪Project Kick-Off –today!
▪Initial Review/Gap
Analysis
▪Public Outreach
(including survey)
8.a
Packet Pg. 33
At
t
a
c
h
m
e
n
t
:
E
C
D
C
S
h
o
r
e
l
i
n
e
M
a
s
t
e
r
P
r
o
g
r
a
m
–
P
e
r
i
o
d
i
c
Project Website:
▪https://www.kentwa.gov/doing-business/long-range-
planning/smp
8.a
Packet Pg. 34
At
t
a
c
h
m
e
n
t
:
E
C
D
C
S
h
o
r
e
l
i
n
e
M
a
s
t
e
r
P
r
o
g
r
a
m
–
P
e
r
i
o
d
i
c
ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue S,
Kent, WA 98032
253-856-5454
DATE: September 10, 2018
TO: Economic and Community Development Committee
SUBJECT: Kent Industrial Valley Subarea Plan
SUMMARY:
Evolving technologies are impacting Kent’s industrial sectors, including commercial
space, manufacturing, and global trade/supply chain management; they are
opening the door to enormous opportunities in the Kent Industrial Valley (KIV).
Much of the land in the KIV is currently limited by zoning regulations to a narrowly-
defined set of industrial type land uses. The KIV contains Kent’s regionally
designated Manufacturing and Industrial Center (MIC), which is explicitly intended
to preserve industrial land and prevent the intrusion of other types of non-
supportive uses such as commercial/retail, residential, and office. Now is the time
for Kent Valley cities to pause and reexamine the grounds for their policies.
The KIV Subarea Plan will help to identify and outline strategies to capitalize on
opportunities, and to establish a vision for the future of Kent’s industrial and
manufacturing lands. It will analyze existing infrastructure and other resources,
and identify those which are needed to support growth in key industries that
underpin Kent’s and the region’s economic vitality. The planning effort will also
forge partnerships between Kent and its neighbor jurisdictions, as well as with key
organizations involved in workforce development and advocacy for the commercial
space, global trade/supply chain management, and manufacturing sectors.
Staff will be available at the September 10 meeting to provide information on the
scope of work for the KIV subarea plan, and answer questions from committee
members.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Innovative Community, Sustainable Services
ATTACHMENTS:
1. Kent Industrial Valley (KIV) Scope (PDF)
9
Packet Pg. 35
Kent Industrial Valley (KIV)
Subarea Plan
Proposed Scope of Work
ECDC –September 10, 2018
9.a
Packet Pg. 36
At
t
a
c
h
m
e
n
t
:
K
e
n
t
I
n
d
u
s
t
r
i
a
l
V
a
l
l
e
y
(
K
I
V
)
S
c
o
p
e
(
1
3
6
7
:
K
e
n
t
It’s a whole new world.
It’s time to update our vision for the KIV.
▪Our economy has shifted.
▪Industrial technology is evolving.
–automation
–e-commerce
–high-tech/clean manufacturing
–space sector
–global trade/supply chain management
▪A new industrial workforce is emerging.
–high-skilled/high-income
–demands for walkability and amenities
9.a
Packet Pg. 37
At
t
a
c
h
m
e
n
t
:
K
e
n
t
I
n
d
u
s
t
r
i
a
l
V
a
l
l
e
y
(
K
I
V
)
S
c
o
p
e
(
1
3
6
7
:
K
e
n
t
8/31/2018 3
Task 1: Industrial Profile and
Needs Assessment
▪Define boundaries
▪Develop and deploy written survey
and interviews
▪Update 2011 industrial profile
Timeline: September-November, 2018
Deliverables: Industrial Profile and Needs Assessment Report
9.a
Packet Pg. 38
At
t
a
c
h
m
e
n
t
:
K
e
n
t
I
n
d
u
s
t
r
i
a
l
V
a
l
l
e
y
(
K
I
V
)
S
c
o
p
e
(
1
3
6
7
:
K
e
n
t
8/31/2018 4
Task 2: Vision and Goals
▪Identify, recruit, appoint steering committee
▪Develop vision and goals
▪Three to four steering committee meetings
▪One open house
▪Adopt vision and goals through LUPB,
ECDC, PWC, and Council
Timeline: November-January, 2019
Deliverables: Adopted Vision and Goals
9.a
Packet Pg. 39
At
t
a
c
h
m
e
n
t
:
K
e
n
t
I
n
d
u
s
t
r
i
a
l
V
a
l
l
e
y
(
K
I
V
)
S
c
o
p
e
(
1
3
6
7
:
K
e
n
t
8/31/2018 5
Task 3: Land Use, Design,
and Transportation
▪Review existing research,
document existing conditions
▪Incorporate stakeholder plans,
technology, and industry trends
▪Develop strategies to meet
vision and goals
Timeline: January-May, 2019
Deliverables: Plan Content and Strategies
9.a
Packet Pg. 40
At
t
a
c
h
m
e
n
t
:
K
e
n
t
I
n
d
u
s
t
r
i
a
l
V
a
l
l
e
y
(
K
I
V
)
S
c
o
p
e
(
1
3
6
7
:
K
e
n
t
8/31/2018 6
Task 4: Economy and Employment
▪Coordinate with regional partners on
regional economy and marketing
strategies
▪Incorporate and adapt study findings into
subarea plan
▪Space Sector
▪Global Trade/Supply Chain
▪Develop strategies to meet vision and
goals
Timeline: January-May, 2019
Deliverables: Plan Content and Strategies
9.a
Packet Pg. 41
At
t
a
c
h
m
e
n
t
:
K
e
n
t
I
n
d
u
s
t
r
i
a
l
V
a
l
l
e
y
(
K
I
V
)
S
c
o
p
e
(
1
3
6
7
:
K
e
n
t
8/31/2018 7
Task 5: PSRC Requirements
▪Subarea Plan Checklist
▪Activity Units/Growth Targets
▪Capacity Analysis
Note: This task will not be needed if
the City relinquishes the MIC
designation.
Timeline: May-July, 2019
Deliverables: Plan Content and Complete PSRC Subarea Plan Checklist
9.a
Packet Pg. 42
At
t
a
c
h
m
e
n
t
:
K
e
n
t
I
n
d
u
s
t
r
i
a
l
V
a
l
l
e
y
(
K
I
V
)
S
c
o
p
e
(
1
3
6
7
:
K
e
n
t
8/31/2018 8
Task 6: Adoption and
Environmental Review (SEPA/SEIS)
▪Draft final subarea plan document
▪Present to LUPB, ECDC, PWC, City Council
▪Environmental Review (SEIS)
Timeline: July-November, 2019
Deliverables: SEIS and Final Adopted Plan
9.a
Packet Pg. 43
At
t
a
c
h
m
e
n
t
:
K
e
n
t
I
n
d
u
s
t
r
i
a
l
V
a
l
l
e
y
(
K
I
V
)
S
c
o
p
e
(
1
3
6
7
:
K
e
n
t
9.a
Packet Pg. 44
At
t
a
c
h
m
e
n
t
:
K
e
n
t
I
n
d
u
s
t
r
i
a
l
V
a
l
l
e
y
(
K
I
V
)
S
c
o
p
e
(
1
3
6
7
:
K
e
n
t