HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 07/23/2018 (2)
Unless otherwise noted, the Land Use and Planning Board meets at 7 p.m. on the second and
fourth Mondays of each month in Kent City Hall, Council Chambers West and East, 220 Fourth Ave
S, Kent, WA 98032.
The public is invited to attend, and all interested persons will have an opportunity to speak at the
public hearing, provided, however, that comments shall be limited to only those items for which
the public hearing is being held. Any person wishing to submit oral or written comments on the
proposed amendments under consideration at the public hearing may do so at the hearing or prior
to the hearing by email to Hayley Bonsteel at: hbonsteel@kentwa.gov or Erin George at:
egeorge@kentwa.gov.
Documents pertaining to the Land Use and Planning Board may be accessed at the City’s website:
http://kentwa.iqm2.com/citizens/Default.aspx?DepartmentID=1004.
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 1-
800-833-6388.
Land Use and Planning Board
Hearing Agenda
Board Members: Paul Hintz, Chair; Katherine Jones, Vice Chair;
Gwen Allen-Carston; Shane Amodei; Frank Cornelius;
Dale Hartman; Ali Shasti
July 23, 2018
7 p.m.
Item Description Action Speaker Time Page
1. Call to order Chair Hintz 1 min
2. Roll call Chair Hintz 1 min
3. Added Items NO Chair Hintz 2 min
4. Communications NO Chair Hintz 2 min
5. Notice of upcoming meetings NO Chair Hintz 5 min
6. Small Cells Ordinance 15.08.035 YES Erin George 30 min 1
7. Sound Transit Update NO Hayley
Bonsteel
30 min 14
8. Adjournment YES Chair Hintz 1 min
ECONOMIC AND COMMUNITY DEVELOPMENT
Kurt Hanson, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032
DATE: July 13, 2018
TO: Chair Paul Hintz and Land Use and Planning Board Members
FROM: Erin George, AICP, Current Planning Manager
SUBJECT: Small Cell Wireless Facilities Zoning Code Amendment ZCA-2018-2
For July 23, 2018 Hearing
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.
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 (probably hundreds) likely
to be proposed in Kent in the near future, the amount of staff time necessary to write
hundreds of staff reports will be significant. This issue was discussed at Council
Workshop on February 20, 2018 and April 3, 2018, and City Council expressed the
desire for Kent’s residents to have access to good wireless service, particularly in their
homes. Given Council’s desire and the impending influx of small cell requests, we need
to streamline our permitting process.
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.
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As discussed previously, small cells attached to utility poles will continue to look and
function like utilities (similar to telephone poles) and do not warrant land use review.
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. Legal expects to present the
Franchise to the Public Works Committee in August or early September.
As written in the attached draft ordinance, staff proposes to add a land use review
exemption for small cells attached to utility poles in the right-of-way and add a
definition of “small cell equipment” and “personal wireless service.” As traditional cell
towers or macrocells will still be used in some locations, staff proposes to retain the
rest of KCC 15.08.035 unchanged to apply outside right-of-way.
EXHIBITS: Draft Ordinance
BUDGET IMPACT: None
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15.08.035 Wireless telecommunications 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 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.
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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.
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.
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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 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.
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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.
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 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.
Page 6
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.
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.
Page 7
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.
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.
Page 8
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
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
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dwelling or multifamily structure of fewer than eight (8) dwelling units in any
zoning district provided:
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.
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
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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 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,
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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.
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 or more of the height of the
tower is no longer in use, the tower shall be deemed partially abandoned. The
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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 (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.
(Ord. No. 3424, § 30, 11-17-98; Ord. No. 3600, § 4, 5-7-02; Ord. No. 3612, § 7,
8-6-02)
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S:\PUBLIC\City Clerk's Office\City Council\Advisory Committees\Land Use & Planning Board\2018\Packet
Documents\7-23-18\ST FWLE LUPB Memo 7.23.18.docx
ECONOMIC & COMMUNITY DEVELOPMENT
Kurt Hanson, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: July 23, 2018
TO: Chair Paul Hintz and the Land Use and Planning Board Members
FROM: Hayley Bonsteel, AICP, Long Range Planning Manager
SUBJECT: Sound Transit Link Light Rail Update
SUMMARY: City staff have been working closely with Sound Transit staff on the
Federal Way Link Extension light rail project. Staff have been meeting weekly for
over a year to resolve key issues and craft a Development Agreement, resulting in
concurrence on a wide range of issues pertaining to the Kent-Des Moines station,
the Star Lake/272nd Street station, and the guideway between the two stations. The
Development Agreement sets forth code expectations for station area design and
performance, roles and responsibilities during the design-build construction
process, and an agreed-upon framework for the City and Sound Transit working
together in the coming years. City staff have also been working with Sound Transit
staff to develop a “Transit Way Agreement,” which gives Sound Transit permission
to build transit in the agreed upon location within Kent’s borders.
Staff will discuss the agreements, as well as give an overall project update, at the
LUPB meeting on July 23rd, 2018.
Information only
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