HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 09/24/2007 (3) COMMUNITY DEVELOPMENT
4^* Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
000 Charlene Anderson,AICP, Manager
KENT
W A S H I N G T O N Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
AGENDA
LAND USE & PLANNING BOARD
HEARING
SEPTEMBER 24, 2007
7:00 P.M.
LAND USE & PLANNING BOARD MEMBERS: CITY STAFF
Jon Johnson, Chair Charlene Anderson, AICP, Planning Mgr
Dana Ralph, Vice Chair Kim Adams Pratt, Asst City Attorney
Steve Dowell Pamela Mottram, Admin Secretary
Alan Gray
Aleanna Kondelis
Jack Ottini
This is to notify you that the Land Use and Planning Board will hold their regularly
scheduled Public Hearing on MONDAY, September 24, 2007 in Kent City Hall, City Council
Chambers East and West, 220 4t" Avenue South, Kent at 7:00 P.M. The public is welcome to
attend and all interested persons may have an opportunity to speak. Any person wishing to
submit oral or written comments on this proposed amendment may do so prior to or at the
meeting.
The agenda will include the following item(s):
1. Call to order
2. Roll call
3. Approval of Minutes from the June 25, 2007 Meeting
4. Added Items to Agenda
5. Communications
6. Notice of Upcoming Meetings
7. PUBLIC HEARING:
ZCA-2007-4 Wireless Facilities in Quasi-Governmental Locations
Consideration to amend the Zoning Code to allow wireless facilities in quasi-
governmental locations; including but not limited to utility companies, water districts
and other like properties as determined by the Planning Manager. Changes affect KCC
15.04.060(8) and 15.08.035(I).
Any person requiring a disability accommodation should contact the City in Advance for more information.
For TDD relay service for Braille, call 1-800-833-6385, for TDD relay service for the hearing impaired, call 1-800-833-
6388 or call the City of Kent Planning Services directly at(253)856-5499(TDD)or the main line at(253)856-5454.
For further information or a copy of the staff memorandum contact the Planning Services office at(253) 856-5454.
Check hM2.-Ilwww.d.kent.wa.us/planning/landuseplanninaboard for available documents.
5.-lPermitlPianILUPBI20071Agendas1092407LUPBHrg Agda.doc
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LAND USE & PLANNING BOARD MINUTES
JUNE 25, 2007
BOARD MEMBERS PRESENT:
Chair Jon Johnson, Vice-Chair Dana Ralph, Steve Dowell, Aleanna Kondelis, Jack Ottini
BOARD MEMBERS ABSENT: Alan Gray (unexcused), Tim Gimenez (unexcused)
STAFF MEMBERS PRESENT: Charlene Anderson, Planning Manager
Approval of Minutes
Ottini MOVED and Dowell SECONDED a Motion to APPROVE the Minutes of April 23, 2007.
MOTION PASSED 5-0.
Added Items, Communications
None
Notice of Upcoming Meetings
Planning Manager Charlene Anderson stated that the next item to come before the Board would
likely be consideration of Commercial Development Standards.
#ZCA-2007-3 Proposed Revisions to Docketing and Comprehensive Plan Annual
Amendment Procedures
Planning Manager Charlene Anderson presented proposed amendments to Kent City Code
Chapter 12.02 with respect to amendments to comprehensive plan and development
regulations including the annual docketing process. She stated that these revisions are
intended to streamline and clarify the submittal and review process, and eliminate confusion
with current procedures.
Chair Johnson opened the public hearing. Seeing no speakers, Ottini MOVED and Dowell
SECONDED a motion to close the public hearing. Motion PASSED 5-0.
After deliberations, Dowell MOVED and Ottini SECONDED a motion to APPROVE #ZCA-2007-3
Proposed Revisions to Docketing and Comprehensive Plan Annual Amendment Procedures
according to Attachment A, to include the additional revisions as submitted. Motion PASSED
5-0.
Adjournment
Ottini MOVED and Dowell SECONDED a MOTION to adjourn the meeting. Chair Johnson
adjourned the meeting at 7:20 p.m.
Charlene Anderson, AICP, Planning Manager
Secretary of the Board
5:I PermitiPlan I L UPB I Z0071 Minutest 06Z507LUPBmin.doc
Land Use and Planning Board Meeting
Minutes—June 25, 2007
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COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
• PLANNING SERVICES
KEN T Charlene Anderson,AICP, Manager
W A S H I N G T O N
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
September 17, 2007
TO: Chair Jon Johnson and Land Use & Planning Board Members
FROM: Charlene Anderson, AICP, Planning Manager
RE: #ZCA-2007-4 — Clearwire
STAFF REPORT - For Public Hearing of September 24, 2007
Background: In your agenda packet is a request submitted by Clearwire to amend the zoning
code to allow wireless telecommunications facilities in quasi-governmental locations. The
proposal defines quasi-governmental to include utility companies, water districts and other like
properties as determined by the Planning Manager.
The materials provided to you for your August 27, 2007 workshop also included ordinances
from the Cities of Sammamish and Tukwila and documents from the Federal Communications
Commission including a fact sheet and guide for local governments regarding wireless
telecommunications facilities. That information may assist in the deliberations regarding
possible options for code amendment.
Discussion: Included in this packet are maps from the Kent Comprehensive Plan, portraying
the Puget Sound Energy Electrical System and the existing telecommunications facilities (as of
early 2006). If the zoning code is amended to allow telecommunications facilities on Puget
Sound Energy substation sites, approximately six additional sites would be permitted within
residential zoning districts. Staff will have available at the public hearing other maps from the
Comprehensive Plan, depicting fire and police facilities, schools and parks; Board members may
wish to peruse those maps in the Comprehensive Plan prior to the public hearing. These maps
indicate a substantial number of locations where telecommunications facilities would be allowed
under existing regulations.
Options:
1. Quasi-Governmental Properties
This option approves the applicant's proposal to allow telecommunications facilities via a
Conditional Use Permit on properties owned, leased, or otherwise controlled by the city
or by utility companies, water districts and other like properties as determined by the
Planning Manager. Although the applicant requested expansion of the permitted
locations only in the SR-4.5 zoning district, this option would include single family
residential, duplex multifamily residential, multifamily residential townhouse, and mobile
home park zoning districts.
6
2. Puget Sound Energy Substations
This option expands the existing permitted locations for telecommunications facilities in
single family residential, duplex multifamily residential, multifamily residential
townhouse, and mobile home park zoning districts to include only Puget Sound Energy
Substations, as approved via a Conditional Use Permit. It would add approximately five
locations within the existing municipal limits.
3. No change
This option maintains existing code and allows via Conditional Use Permit
telecommunications facilities in single family residential, duplex multifamily residential,
multifamily residential townhouse and mobile home park zoning districts only on
property owned, leased, or otherwise controlled by the city or other government entity.
Recommendation
Staff recommends Option 2. The applicant has stated that his proposed code amendment
makes sense it that it will allow via Conditional Use Permit a telecommunications facility to be
placed at an existing substation rather than requiring a new facility to be constructed on an
adjacent park. Placing a telecommunications facility at a substation site with an existing bulk
and scale that would diminish visual impacts of the facility is appropriate. It is staff's
determination that additional expansion of the permitted locations for telecommunications
facilities has not been determined necessary at this time.
The proposed staff recommendation is as follows:
Amend the note for single family residential, duplex multifamily residential, multifamily
residential townhouse and mobile home park zoning districts:
15.04.065 Transportation, public, and utilities land use development conditions.
8. If on property owned, leased, or otherwise controlled by the city or other government entity
or developed as a Puget Sound Energy Substation subject to KCC 15.08.035(I).
Amend: 15.08.035 Wireless telecommunications facilities.
I. Conditional use permits
I. Conditional WTFuses. Specifically, conditional use permits shall be required for the following
WTFs:
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 on property
developed as a Puget Sound Energy Substation, 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.
LUPB Public Hearing
September 24, 2007
ZCA-2007-1
Page 2 of 3
7
The SEPA Responsible Official has determined that the proposal represents procedural actions
that are exempt from further environmental review. Staff will be present at the September 24tn
public hearing to further discuss the proposal.
CA pm S.-IPermitiPlanIZONECODEAMEND120071ZCA-2007-4 ClearwireTeleCommFacilitie515taffreport092407.doc
Enclosures: Application for code amendment
Maps from Comprehensive Plan: Puget Sound Energy Electrical System and Telecommunications
Copy of KCC 15,08.035
cc: Fred N.Satterstrom,AICP,CD Director
Project File
LUPB Public Hearing
September 24, 2007
ZCA-2007-1
Page 3 of 3
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PLANNING SERVICES
Code Text Amendment
Public Notice Board and
Please print in black fnlc only. APPllcafim Fee—See Fee schedule
Application #: G A -,�7-4 KIVA aLI-I-)
OFRM USE ONLY OFFICE USE ONLY
Application Name:('1onr ►cv rii>�r -�/`yiv?396L2
Code Text Amendment Requested:
AMENDMENT TO ZONING CODE
MENDMENT TO SUBDIVISION CODE
❑AMENDMENT TO MOBILE HOME PARK CODE
❑AMENDMENT TO OTHER DEVELOPMENT CODE: (Specify)
APPLICANT 1: (mandatory)
Name: 7t�'D G1,4+i oPJ Daytime Phone: Z-04, 3 3y Ylll�
Mailing Address: �� �✓ /Joy V/- Fax Number:
City/State/Zip: lozk4l hd wA �'7$03 3 Signature:
J
APPLICANT 2:(mandatory if dfiwent kom applicant 1)
Name: Daytime Phone:
Mailing Address: Fax Number:
City/State/Zip: Signature:
AGENT/CONSULTANT/ATTORNEY:(mandatory if primary contact is different from applicant)
Name: Daytime Phone:
Mailing Address: Fax Number:
City/State/Zip: RECEIVED Signature:
. . . . . . . . . . . . . . . .qua 12.2907 . . . . . . . . . . . . . . . . . . . . . . . . . . . .
OFFICE USE ONLY: CITY OF KENT
DATE APPLICATION RECEIVE gLANNING SERVICES RECEIVED BY:
DATE APPLICATION COMPLETE: COMPLETENESS REVIEW BY:
p%M 15 824K16 p. I of I
RECEIVED
AIN 1 12007
• 10
Code Text Amendment
Amendment to Zoning Code
Request to change the Code to allow wireless facilities in quasi-governmental locations
To whom it may concern,
Clearwire would like to propose a City of Kent Zoning Code change in order to provide the
growing community with multiple options for telecommunications providers while continuing
to meet the intent of the code sections being revised.
The City of Kent requires that specific questions and issues are considered in a zoning code
amendment:
1.)Which ordinance or regulation are you requesting to be amended or added?
Kent City Code 15.04.060(8)
The land-use matrix for allowable uses in the SR-4.5 zone in addressing Wireless facilities under
note (8):
8.If on property owned,leased,or otherwise controlled by the city or other government entity
subject to KCC 15.08.035(I).
Kent City Code 15.08.035(l)
The Wireless Telecommunications facility allowances through the Conditional Use Permit
process:
b.Government property. Locating WTFs(1) separate from existing structures on property owned,
leased or otherwise controlled b the city or other governmental entity or 2 attached to
Y tY g tY ( )
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
onlyon 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(1)(1)(a) of this
section;however,this subsection shall not apply in DC,DCE,and NCC districts.
i
2.) What do you want to change about the Comprehensive Plan and why?
The zoning Code change request would remain consistent with the Comprehensive Plan,
3.) What language revisions to the code text are you requesting?
Clearwire/WA-TAC137
Todd.Walton@advanceperniittingIlc.com 206-334-4116 RECEIVED
JUN 11 2007
CITY OF KENT
PERMIT CENTER
8. If on property owned,led,or otherwise controlled by the city other quasi-government like
entity subject to KCC 15.08.035(I).
b. Government/quasi-government property. Locating WTFs (1) separate from existing structures on
property owned,leased,or otherwise controlled by the city or other quasi-governmental entity
or (2) attached to existing structures on property owned,leased,or otherwise controlled by the
city or other quasi-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.
15.08.035 Wireless telecommunications facilities,Section B.Definitions:
Quasi-governmental: Including but not limited to utility companies,water districts and other
like properties as determined by the Planning Director.
4.) What are the effects or impacts related to the proposed amendment?
i
a. How is the proposed amendment consistent with the applicable Comprehensive Plan
goals and policies?
Goal LTT-7-Promote the expansion of telecommunication services to all locations within Kent's
Planning Area. Provide access by future development to a variety of telecommunications
choices.
Some of the best options within the City of Kent to locate telecommunication facilities are within quasi-
governmental facilities, Le. Substations, water tank facilities and Franchised utility providers. These are
all examples of existing infrastructure and locations that operate under the same set of circumstances and
development restrictions as government owned properties.
Policy UT-7.1 -Expand the City's use of the government access channel AT&T Broadband
through its cable television communications franchise agreement.
No aspect of the zoning code amendment would affect or be affected by the City's use of the government
channel.
Policy UT-7.2-Work with cable television providers in undergrounding new fiberoptic lines
which are necessary to take advantage of new technology and to expand available services.
No aspect of the zoning code amendment would affect or be affected by the City's desire to underground
new fiber-optic lines.
Policy UT-7.3-In recognition and encouragement of the expansion of cellular communications,
work with utility providers to find desirable locations for future facilities.
Clearwire/WA-TAC137
Todd.Walton@advancepermittingllc.com 206-334-4116
PSE is very interested in allowing Clearwire and other carriers the use of 3rs substations and other quasi- 12
governmental sites for the purpose of providing telecommunications infrastructure to the City of Kent.
The substations serve the community's power needs and as such are in a unique position to provide the
areas necessary to further the citizens demands for telecommunications alternatives.
Goal UT-8-Review the location of new telecommunications facilities to ensure that proposed
locations promote the efficient distribution of services and minimize impacts on adjacent land
uses and the environment.
The proposed zoning code amendment would allow more sites to become available to the wireless industry
thereby increasing the effective distribution of sites while minimizing the need to impact the environment
by creating new uses in parks, schools and other government owned property. The result would that of
concurrent utility uses on like properties.
Policy UT-8.1 -Promote,where possible,the collocation of telecommunication facilities on
existing structures or in existing corridors without causing an undue burden on any single
utility provider.
The zoning code amendment would allow for new sites in existing utility used areas thereby creating
collocation opportunities for other carriers seeking to improve their networks at later dates.
I
a. What is the public necessity and/or convenience that requires this amendment?
The proposed amendment would allow telecommunications providers additional siting options for their
networks thereby granting the Citizens of Kent more options in choosing available and affordable service
plans.
b. What significance will the proposed amendment have to the community?
I
The proposed amendment is intended to open up locations that are typically already providing
infrastructure services of some type and shouldn't have an adverse impact or significance to the
community.
c. What effect will the proposed amendment have on related ordinances,regulations and
development standards?
All related ordinances, regulations and development standards would still be in place with the exception
that type of property not currently available to multiple types of utilities would now be available.
i
d. What impact will the proposed amendment have on: j
(1) The health safety and general public welfare of the public;
No health impacts would be expected.
(2) The city design;
Clearwire/WA-TAC137
Todd.Walton@advancepermittingllc.com 206-3344116
i
•
No impacts on the city design would be expected. 13
(3) Development interests;
The proposed amendment would not affect undeveloped properties as they are already in a utility use.
(4) Neighborhoods;
The proposed amendment would help provide desired infrastructure for neighborhoods without a
significant increase to on-going utility use to the sites.
(5) Environmentally sensitive areas.
All new facilities proposed upon existing utility sites would continue to adhere to all relevant
environmental regulations. f
Please contact me with any questions/comments regarding this request,
Sincerely,
Todd Walton
Advance Permitting LLC
Representing Clearwire LLC
i
206-3344116
i
I
i
I
Clearwire/WA-TAC137
Todd.Walton@advancepermittingllc.com 206-334-4116
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15
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Kent City Code 15.08.035 19
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
LUPB Hearing
September 24, 2007
Kent City Code 15.08.035 20
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.
Non-whip antenna means an antenna that is not a whip antenna, such as dish antennas,
panel antennas, etc.
LUPB Hearing
September 24, 2007
Kent City Code 15.08.035 21
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.
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 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.
LUPB Hearing
September 24, 2007
Kent City Code 15.08.035 22
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.
6. Public safety WTFs and equipment. Public safety WTFs and equipment, including,
but not limited to, the regional 911 system.
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.
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September 24, 2007
Kent City Code 15.08.035 23
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.
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:
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September 24, 2007
Kent City Code 15.08.035 24
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.
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
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September 24, 2007
Kent City Code 15.08.035 25
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
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September 24, 2007
Kent City Code 15.08.035 26
type as the existing tower, or of a less obtrusive design (such as a monopole), if
practical.
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
Mono-pole 75 feet in Mono-pole less than
Lattice Guyed
hei ht or areater 75 feet in height
Lattice 5,000 5,000 1,500 750
Guyed 5,000 5,000 1,500 750
Monopole 75 feet in
1,500 1,500 1,500 750
height or greater
Monopole less than
750 750 750 750
75 feet in height
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September 24, 2007
Kent City Code 15.08.035 27
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:
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.
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September 24, 2007
Kent City Code 15.08.035 28
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 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
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September 24, 2007
Kent City Code 15.08.035 29
(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, structure, or alternative
technology that does not require the use of towers can accommodate the applicant's
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September 24, 2007
Kent City Code 15.08.035 30
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.
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September 24, 2007
Kent City Code 15.08.035 31
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 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
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September 24, 2007
Kent City Code 15.08.035 32
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)
SIPermit]Plan]ZONECODEAMEND]2007]ZC4-2007-4 ClearwireTe%CommFacilitiesjKCC 15.08.035.doc
LUPB Hearing
September 24, 2007