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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 07/12/2021 Pending Approval Land Use and Planning Board KENT Land Use Regular Meeting WA9H... Minutes July 12, 2021 Date: July 12, 2021 Time: 6:02 p.m. Place: THIS IS A REMOTE MEETING Attending: Michael Purwal, Sally McDonough, Ali Shasti, Chair Shane Amodei, Vice Chair Dione Dittmar, Katherine Jones, Joseph O'Toole Agenda: 1. Call to Order 6:02 p.m. Attendee Name i Status Arrived Michael Purwal Present Sally McDonough Present Ali Shasti Chair Present Shane Amodei Vice Chair Present Dione Dittmar Excused Katherine Jones _ Present Joseph O'Toole Present 3. Approval of Minutes dated May 24, 2021 MOTION: Move to approve the Minutes dated May 24, 2021 RESULT: APPROVED [4 TO 0] MOVER: Shane Amodei, Joseph O'Toole AYES: Shasti, Amodei, Jones, O'Toole ABSTAIN: Purwal, McDonough EXCUSED: Dittmar 4. Changes to the Agenda No changes. 5. Introduction of New LUPB Members Hayley Bonsteel made a brief introduction of the new LUPB members, Sally McDonough and Michael Purwall. 6. Code Amendments to Kent City Code Chapters 6.15, 6.16, and 15.08 RE: Wireless Facilities ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page I of 3 Land Use and Planning Board Land Use Regular July 12, 2021 Meeting Kent, Washington Minutes A presentation for the code amendment changes regarding Wireless Facilities was made by Christina Schuck and Erin George. City right-of-way supports a variety of telecommunication facilities installed on utility poles and streetlights. These telecommunication facilities are primarily governed by federal law and therefore much of the City's ability to regulate these facilities is pre-empted. The City retains the authority to impose regulations for safety and aesthetics. The City regulates larger wireless facilities, such as towers and monopoles, within Zoning Code (KCC 15.08.035). Small wireless facilities (SWF), also known as small cells, are governed by Public Works chapter KCC 6.16, initially adopted in 2019 and titled "Utility Design Standards in the Right-of-Way." The authority to access the right-of-way through franchise agreements and master license agreements for the deployment of small wireless facilities is set forth in chapter 6.15 KCC. As wireless technology and federal law continue to evolve and change, minor amendments to these code provisions are necessary to address these changes and to better facilitate the deployment of this technology. Specifically, the proposed ordinance updates the design standards for street lights to better accommodate new designs and 5G antennas and to allow for the installation of strand-mounted small wireless facilities on the cables between utility poles. This amendment also clarifies that the small wireless facilities design standards apply to any light poles within and outside of the right-of-way (e.g., in parking lots). To limit the visual effects and physical bulk of the proliferation of wireless facilities on residential areas, the ordinance prohibits the installation of small wireless facilities outside of the right-of-way and prohibits ground-mounted equipment within the right-of-way, the boundary of which can extend into front yards. These amendments also limit the height of replacement utility poles used to install larger wireless facilities in all areas of the City. Additionally, this ordinance updates terminology and definitions to better align with federal law and to reflect the evolving types of wireless telecommunication facilities (not small cells) being installed throughout the City. There were questions from the board regarding the differences in codes for SWF and the larger wireless towers as well as concern regarding how much discretion staff has in approving or rejecting permit requests based on aesthetics. Members and staff worked on adding more locations in residentially zoned neighborhoods outside of the right-of-way that can house SWF including public schools and City parks with appropriate set-backs. The changes agreed to are: 6.16.040(D) Small wireless facilities are not ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 3 Land Use and Planning Board Land Use Regular July 12, 2021 Meeting Kent, Washington Minutes ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... permitted in residential zoning districts outside of the right-of-way, except in public parks and on public school campuses, set back 30 feet away from property lines. Two speakers from the Wireless Policy Group representing Verizon and AT &T supported the additional language and pushed for more flexibility in Pole height and separation. Those were tabled in favor of passing what was in front of the board. MOTION: Recommend City Council adopt the ordinance amending chapter 6.16 to update the design standards for small wireless facilities, and to update definitions and references within Kent City Code 6.15.050 and 15.08.035 related to wireless facilities. RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 7/27/2021 4:00 PM MOVER: Joseph O'Toole SECONDER: Sally McDonough AYES: Purwal, McDonough, Shasti, Amodei, Jones, O'Toole EXCUSED: Dittmar 7. House Bill 1220 Hayley Bonsteel presented on zoning changes the City of Kent must consider to be in compliance with House Bill 1220. During the regular legislative session of 2021, the state legislature passed House Bill 1220, supporting emergency shelters and housing through local planning and development regulations. The bill makes changes to the Growth Management Act, specifically through increasing the requirements of the Housing Element of the Comprehensive Plan; it also defines new parameters for the zoning of indoor emergency shelters, permanent supportive housing, and transitional housing. Hayley provided an overview of the bill, including known and unknown characteristics of the relevant types of housing/facilities, and discussed the potential impacts on Kent's planning, zoning, and development regulations. S. Adjournment 7:45 p.m. Ta,nycv K.asew Committee Secretary ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 3