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HomeMy WebLinkAboutZOA-16-04CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER MATHEWS COUNCIL BILL NO. 22 ORDINANCE NO. 1612 Series 2016 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 26-615 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING COMMERCIAL MOBILE RADIO SERVICE AND MAKING CONFORMING AMENDMENTS IN CONNECTION THEREWITH WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the City Council is authorized by the Constitution, the Home Rule Charter and CRS 31-23-101 et seq. to regulate land use and development within the City; and WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, in the exercise of this authority the Council has previously adopted Section 26-215 of the Wheat Ridge Code of Laws concerning commercial mobile radio service; and WHEREAS, the Council wishes to repeal and reenact Section 26-615 to better regulate these services, and to make conforming amendments in connection therewith, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-615 of the Code, concerning commercial mobile radio service facilities, is hereby repealed and reenacted in its entirety to read as follows: Sec. 26-615. — Commercial mobile radio service (CMRS) facilities. A. Purpose and intent The purpose and intent of this section 26-615 is to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community. These regulations are necessary in order to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city. 2 Minimize adverse impacts of facilities through careful design, siting and screening standards. 3. Encourage and maximize colocation and the use of existing and approved towers, buildings, and other structures to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. 4. Provide specific regulations related to the review processes for CMRS facilities 5 Align the review and approval process for CMRS facilities with the FCC and any other agency of the federal government with the authority to regulate CMRS facilities. B Applicability, The standards contained in this section shall apply to all applications for any CMRS facility. The applicant shall demonstrate in writing that its proposed CMRS facility meets all applicable standards and provisions of the code Pre- existing CMRS facilities shall not be required to meet the requirements of this section, other than the requirements of subsection E. Changes and additions to pre-existing CMRS facilities must meet the applicable requirements of this section. C Review and approval process. Proposed CMRS facilities shall be reviewed pursuant to the following procedures depending upon the facility type and/or proposed change 1 Review procedure a Building- or structure -mounted facilities in all zone districts shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. b. Roof -mounted facilities in all zone districts shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. c. New freestanding or alternative tower CMRS facilities must receive a special use permit, pursuant to sections 26-114, 26-204 and 26-1111. d. New freestanding or alternative tower CMRS facilities in all planned development zone districts (including planned residential districts) unless specifically listed or shown as such in the outline development plan, also require amendment of the outline development plan pursuant to Article III. At the sole discretion of the community development director, new freestanding or alternative tower CMRS facilities may be reviewed as a special use pursuant to sections 26- 114, 26-204 and 26-309. e. Applications for colocation on any existing facility shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. 2 Approval process a. The city shall review and act upon the application within the following time periods. i. Within 30 days the city will give written notice of incompleteness if so determined, specifying the code section(s) that requires such missing information This determination pauses the remaining deadlines until a complete application is filed. ii. Within 60 days the city will act on applications that are not a substantial change. iii. Within 90 days the city will act on coloration applications that are not a substantial increase in the size of a tower. iv. Within 150 days the city will act on applications for new CMRS facilities, coloration applications that are a substantial increase in the size of the tower or substantial increase of an existing CMRS facility. b. The final action of the city on any CMRS application shall be in writing and shall advise the applicant of the reasons for approval, approval with conditions, or denial. D. Standards for all CMRS facilities. The following are standards for all CMRS facilities. 1. Colocation. The shared use of existing freestanding or roof -mounted CMRS facilities shall be preferred to the construction of new facilities in order to minimize adverse visual impacts associated with the proliferation of towers. a No CMRS application to construct a new freestanding or roof -mounted CMRS facility shall be approved unless the applicant demonstrates to the reasonable satisfaction of the city that no existing CMRS facility within a reasonable distance, regardless of municipal boundaries, can accommodate the applicant's needs. Evidence submitted to demonstrate that no existing facility can accommodate the applicant's proposed CMRS facility shall consist of one or more of the following. i No existing CMRS facilities are located within the geographic area required to meet the applicant's coverage demands. ii. Existing CMRS facilities or structures are not of sufficient height to meet the applicant's coverage demands and cannot be extended to such height. iii. Existing CMRS facilities or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. iv Existing CMRS facilities or structures do not have adequate space on which proposed equipment can be placed so it can function effectively and reasonably, v. The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing CMRS facility, or the antennas on the existing facility would cause interference with the applicant's proposed antenna. vi. The applicant demonstrates that there are other compelling limiting factors, including but not limited to economic factors, that render CMRS facilities or structures unsuitable. b. No CMRS facility owner or operator shall unreasonably exclude a telecommunication competitor from using the same facility or location. Upon request by the city, the owner or operator shall provide evidence and a written statement to explain why colocation is not possible at a particular facility or site. c If a telecommunication competitor attempts to collocate a CMRS facility on an existing or approved CMRS facility or location, and the parties cannot reach an agreement, the city may require a third -party technical study to be completed at the applicant's expense to determine the feasibility of coloration d. Applications for new freestanding CMRS facilities shall provide evidence that the facility can accommodate colocation of additional carriers. 2 Federal requirements All CMRS facilities shall meet the current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate CMRS facilities. Failure to meet such revised standards and regulations shall constitute grounds for revocation of city approvals and removal of the facility at the owner's expense. 3 Safety standards. All CMRS facilities shall conform to the requirements of the international building code, and national electrical code, as applicable 4 Abandonment. CMRS facilities which are abandoned by nonuse, disconnection of power service, equipment removal or loss of lease for greater than six (6) months shall be removed by the CMRS facility owner. Should the owner fail to remove the facilities, the city may do so at its option, and the costs thereof shall be a charge against the owner and recovered by certification of the same to the county treasurer for collection as taxes in the manner provided by code section 2-93, or by any other means available under article x of chapter 26. 5. Third party review. a. CMRS providers use various methodologies and analysis tools, including geographically based computer software, to determine the specific technical parameters of CMRS facilities, such as expected coverage area, antenna configuration and topographic constraints that affect signal paths. In certain instances there may be a need for expert review by a third party of the technical data submitted by the CMRS provider. The city may require such a technical review to be paid for by the applicant for a CMRS facility. The selection of the third party expert may be by mutual agreement between the applicant and the city or at the discretion of the city, with a provision for the applicant and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to be a site-specific review of technical aspects of the CMRS facilities and not a subjective review of the site selection. The expert review of the technical submission shall address the following i The accuracy and completeness of the submission; ii. The applicability of analysis techniques and methodologies. iii. The validity of conclusions reached, iv Any specific technical issues designated by the city b Based on the results of the third party review, the city may require changes to the application for the CMRS facility that comply with the recommendation of the expert. 6. All CMRS facilities are accessory uses to the structure upon which they are placed or to the primary use of the property on which they are constructed No CMRS facility shall be located on a vacant lot devoid of any primary or main building. 7 Siting of CMRS facilities in residential areas. The city encourages the siting of CMRS facilities in nonresidential areas. a The city prohibits freestanding CMRS facilities in the following zone districts: i. Residential -One (R-1), ii. Residential -One A (R -1A), iii. Residential -One B (R -1B), iv. Residential -One C (R -1C), v_ Residential -Two (R-2), vi. Residential -Two A (R -2A), vii. Residential -Three (R-3), viii. Residential -Three A (R -3A), ix. Agricultural -One (A-1). x Agricultural -Two (A-2), and xi. Mixed Use -Neighborhood (MU -N) zone districts. b The city prohibits all CMRS facilities on properties where the principal use is a single or two-family dwelling. c Alternative tower CMRS facilities may be located on a property containing a non-residential use, regardless of underlying zoning. d. Building, structure or roof -mounted CMRS facilities may be located on a property containing a nonresidential or multi -family use, regardless of underlying zoning e Alternative tower structures may be located on a property E. Standards for freestanding and altemative tower CMRS facilities. Freestanding and alternative tower CMRS facilities are subject to the following requirements and shall be evaluated as a special use 1. Freestanding CMRS facilities shall be visually screened from adjacent residential development and public rights-of-way 2 Freestanding and alternative tower CMRS facilities shall be permitted only as an accessory use, and are subject to accessory use setback development standards in the applicable zone district. I Freestanding and alternative tower CMRS facilities shall not exceed the permitted height for the principal use on the subject property 4 Freestanding CMRS facilities shall not be permitted between the principal structure and the street. F Standards for building or structure -mounted CMRS facilities Building or structure - mounted CMRS facilities are subject to the following requirements and shall be evaluated as part of the community development department's review process 1. Such facilities shall be architecturally compatible with and textured and colored to match the building or structure to which they are attached. 2 The antenna shall be mounted as flush to the wall as technically possible. The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two (2) feet 3. Panel antennae shall not extend above the building wall or parapet to which they are mounted. 4. Whip antennae shall extend no more than ten (10) feet above the highest point of the building or structure to which they are attached. G Standards for roof -mounted CMRS facilities Roof -mounted CMRS facilities are subject to the following requirements and shall be evaluated as part of community development department's review process. 1. All roof -mounted CMRS facilities and accessory equipment shall be set back from the roof or parapet edge so that visibility from the street or adjacent residential properties is minimized to the greatest extent possible. 2. If roof -mounted equipment is visible from the street or adjacent residential properties, CMRS facilities and accessory equipment shall be screened by materials that are architecturally compatible with and colored to match the building or structure to which they are attached. 3. No roof -mounted facility, including antenna or accessory equipment, shall exceed twelve (12) feet in height, as measured from the roof deck. 4. Roof -mounted accessory equipment shall not be permitted on a sloped roof, unless it can be demonstrated that it is not visible from the street or adjacent residential areas. H Standards for ground -mounted accessory equipment. Ground -mounted accessory equipment that is associated with a freestanding, roof -mounted or building - mounted CMRS facility are subject to the following requirements and shall be evaluated with the associated CMRS facility application. 1. Ground -mounted accessory equipment shall be subject to the accessory structure setback requirements in the underlying zone district. 2 Ground -mounted accessory equipment or buildings containing accessory equipment shall not exceed 12 feet in height. 3 Ground -mounted accessory equipment not fully enclosed in a building shall be fully screened from adjacent residential properties and public rights-of- way. 4. Buildings containing ground -mounted accessory equipment shall be architecturally compatible with the existing structures on the property and character of the neighborhood Definitions. Alternative Tower CMRS facility An existing or proposed structure that is compatible with the natural setting and surrounding structures and that camouflages or conceals the presence of the antennae and can be used to house or mount CMRS antenna. Examples include manmade trees, clock towers, bell steeples, light poles, silos, existing utility poles, existing utility transmission towers and other similar alternative designed structures. 2 Tower. Any freestanding structure designed and constructed primarily for the purpose of supporting one (1) or more Federal Communications Commission - licensed or authorized antennae, including self-supporting lattice towers, guy towers and monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and other similar structures. The term also includes any antenna or antenna array attached to the tower structure. 3 Substantially Change. A modification which substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria, including a single change or a series of changes over time whether made by a single owner or operator or different owners/operators over time, when viewed against the initial approval for the support structure. The following are considered substantial changes: a. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater, b. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater, for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; c For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four cabinets; or, for towers in the public rights- of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; d It entails any excavation or deployment outside the current site; e It would defeat the concealment elements of the eligible support structure: or f. It does not comply with conditions associated with the original siting approval for the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs a through a of this definition Section 2. The following definitions are hereby deleted from Section 26-123 and inserted within Section 26-615 under a new paragraph I: Building or structure -mounted commercial mobile radio service facihty A CMRS facility in which antenna are mounted to an existing structure (e.g., water tower, light pole, steeple, etc.) or building face Commercial mobile radio service (CMRS) accessory building or cabinet An unmanned building or cabinet used to house equipment associated with a CMRS facility. Commercial mobile radio service (CMRS) site. An unmanned facility consisting of equipment for the reception, switching and transmission of wireless telecommunications, including, but not limited to, personal communications service (PCS), enhanced specialized mobile radio (ESMR), paging, cellular telephone and similar technologies. Freestanding commercial mobile radio service (CMRS) facility. A CMRS facility that consists of a stand-alone support facility (monopole and/or lattice structure), antenna, associated equipment, accessory buildings and equipment cabinets. Roof -mounted commercial mobile radio service (CMRS) facility. A CMRS facility in which antenna are mounted on an existing building roof Section 3. Severability, Conflictina Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 26'" day of September, 2016, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for October 10, 2016 at 7:00 p.m., continued to November 14, 2016 at 7:00 p.m in the Council Chambers, 7500 West 2911 Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to o , this 14th day of November 2016. SIGNED by the Mayor on this ATTEST -, J Ile Shaver, City C ('J%SIq WHEg EAL OCORPvp 14th day of November �Yce!�AaOr � 2016 4 1 Approved to Form �i Gerald E Dahl, City Attorne First Publication: October 6, 2016: October 13, 2016 Second Publication. November 17, 2016 Wheat Ridge Transcript Effective Date: December 2, 2016 Published: Wheat Ridge Transcript and www.ci.wheatridae.co.us i A ,( 4- ►,�,,I ��VJJ -U Gty of W heat Ridge ITEM NO: DATE: November 14, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 22-2016 - AN ORDINANCE REPEALING AND REENACTING SECTION 26-615 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING COMMERICAL MOBILE RADIO SERVICE AND MAKING CONFORMING AMENDMENTS IN CONNECTION HEREWITH (CASE NO. ZOA-16-04) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (09/26/16) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (11/14/16) ❑ RESOLUTIONS (continued from 10/10/16) QUASI-JUDICIAL: ❑ YES ® NO V, "�k ') �9O)tu I Ak- City Manager ISSUE: This ordinance repeals and reenacts Section 26-615 regarding Commercial Mobile Radio Service (CMRS) regulations, more commonly referred to as cellular communication towers. These facilities are permitted throughout the City of Wheat Ridge, but the regulations have not been updated since 2001 and revisions are needed to align the code with current technology and FCC regulations. On October 10, 2016, City Council opened the public hearing to consider adoption of the ordinance. Following public comment from industry representatives, City Council continued the public hearing to November 14, 2016 and directed staff to include provisions for alternative, or stealth, facilities in residential zone districts on property that contains a non- residential use. PRIOR ACTION: These regulations were last updated in a substantial manner in 1996 following the passage of the Telecommunications Act of 1996. Minor reference terminology updates have occurred since that time. City Council held a study session on this topic on November 23, 2015 and Planning Commission held a study session on June 2, 2016. Planning Commission considered this ordinance during a Public Hearing on September 15, 2016 and recommended approval. Council Action Form — CMRS Regulations November 14, 2016 Page 2 FINANCIAL IMPACT: None BACKGROUND: This Council Action Form summarizes only the revisions made since the prior public hearing. For additional background, the Council Action Form from the October 10, 2016 public hearing is included as an attachment. A redlined ordinance which includes the new provisions related to stealth facilities is also included. In addition to allowing these in residential zone districts on non-residential property, the ordinance allows them in all zone districts on non-residential property. Definitions The proposed ordinance now includes the following definition: Alternative Tower CMRS facility. An existing or proposed structure that is compatible with the natural setting and surrounding structures and that camouflages or conceals the presence of the antennae and can be used to house or mount CMRS antenna. Examples include manmade trees, clock towers, bell steeples, light poles, silos, existing utility poles, existing utility transmission towers and other similar alternative designed structures. Review and Approval Process Similar to a traditional freestanding CMRS facility, a new alternative tower CMRS facility will require a Special Use Permit in order to be built in any zone district, including residential zone districts on non-residential property. Any application for colocation on an existing alternative tower CMRS facility can be approved through a building permit. Development Standards for Alternative Tower CMRS Facilities These facility types will need to conform to the definition, in that they are compatible with the natural setting and surrounding structures. In addition, they would be permitted only as an accessory use, meaning they cannot be constructed on a vacant property, and they are subject to accessory use setbacks. They shall not exceed the permitted height for the principal use on the subject property. The Wireless Policy Group, an industry representative, has requested that these facilities be allowed to exceed the maximum height for structures. Roof mounted and building mounted facilities are permitted to exceed the maximum height for buildings, consistent with the height limitations outlined in the City Charter. The ordinance, as drafted, does not permit alternative tower CMRS facilities to exceed this height limitation, as the intent of this type of facility is to be compatible with the residential neighborhood and to not appear to be a telecommunication facility. In addition to the changes described above, the redlined ordinance also includes changes that were included in the motion provided in the October 10`h Council Action Form that responded to the Wireless Policy Group's recommendations. Council Action Form — CMRS Regulations November 14, 2016 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 22-2016, an ordinance repealing and reenacting section 26-615 of the Wheat Ridge Code of Laws concerning commercial mobile radio service and making conforming amendments in connection herewith on second reading, with the amendments shown on the redline version of said ordinance, direct the City Attorney to finalize the ordinance with said changes, and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 22-2016, the ordinance repealing and reenacting section 26-615 of the Wheat Ridge Code of Laws concerning commercial mobile radio service and making conforming amendments in connection herewith, for the following reason(s) a REPORT PREPARED/REVIEWED BY: Lisa Ritchie, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 22-2016 — Redline 2. Council Bill No. 22-2016 — Clean Copy 3. Council Action Form, October 10, 2016 4. AT&T Comment Letter CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 22 ORDINANCE NO. Series 2016 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 26-615 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING COMMERCIAL MOBILE RADIO SERVICE AND MAKING CONFORMING AMENDMENTS IN CONNECTION THEREWITH WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the City Council is authorized by the Constitution, the Home Rule Charter and CRS 31-23-101 et seq. to regulate land use and development within the City; and WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, in the exercise of this authority the Council has previously adopted Section 26-215 of the Wheat Ridge Code of Laws concerning commercial mobile radio service; and WHEREAS, the Council wishes to repeal and reenact Section 26-615 to better regulate these services, and to make conforming amendments in connection therewith; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-615 of the Code, concerning commercial mobile radio service facilities, is hereby repealed and reenacted in its entirety to read as follows: Sec. 26-615. — Commercial mobile radio service (CMRS) facilities. A. Purpose and intent. The purpose and intent of this section 26-615 is to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community. These regulations are necessary in order to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city. 2. Minimize adverse impacts of facilities through careful design, siting and screening standards. 3. Encourage and maximize colocation and the use of existing and approved towers, buildings, and other structures to accommodate new wireless Attachment 1 telecommunication antennas in order to reduce the number of towers needed to serve the community. 4. Provide specific regulations related to the review processes for CMRS facilities. 5. Align the review and approval process for CMRS facilities with the FCC and any other agency of the federal government with the authority to regulate CMRS facilities. B. Applicability. The standards contained in this section shall apply to all applications for any CMRS facility. The applicant shall demonstrate in writing that its proposed CMRS facility meets all applicable standards and provisions of the code. Pre- existing CMRS facilities shall not be required to meet the requirements of this section, other than the requirements of subsection E. Changes and additions to pre-existing CMRS facilities must meet the applicable requirements of this section. C. Review and approval process. Proposed CMRS facilities shall be reviewed pursuant to the following procedures depending upon the facility type and/or proposed change: 1. Review procedure a. Building- or structure -mounted facilities in all zone districts shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. b. Roof -mounted facilities in all zone districts shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. c. New freestanding or aiternative tower CMRS facilities must receive a special use permit, pursuant to sections 26-114, 26-204 and 26-1111. d. New freestanding or alternative tower CMRS facilities in all planned development zone districts (including planned residential districts) unless specifically listed or shown as such in the outline development plan, also require amendment of the outline development plan pursuant to Article III. At the sole discretion of the community development director, new freestanding ;)r alternative towel CMRS facilities may be reviewed as a special use pursuant to sections 26- 114, 26-204 and 26-309. e. Applications for colocation on any existing facility shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. 2. Approval process a. The city shall review and act upon the application within the following time periods: i. Within 30 days the city will give written notice of incompleteness if so determined, specifying the code section(s) that requires such missing information. This determination pauses the remaining deadlines until a complete application is filed. ii. Within 60 days the city will act on applications that are not a substantial change. iii. Within 90 days the city will act on colocation applications that are not a substantial increase in the size of a tower. iv. Within 150 days the city will act on applications for new CMRS facilities, colocation applications that are a substantial increase in the size of the tower or substantial increase of an existing CMRS facility. b. The final action of the city on any CMRS application shall be in writing and shall advise the applicant of the reasons for approval, approval with conditions, or denial. D. Standards for all CMRS facilities. The following are standards for all CMRS facilities. 1. Colocation. The shared use of existing freestanding or roof -mounted CMRS facilities shall be preferred to the construction of new facilities in order to minimize adverse visual impacts associated with the proliferation of towers. a. No CMRS application to construct a new freestanding or roof -mounted CMRS facility shall be approved unless the applicant demonstrates to the reasonable satisfaction of the city that no existing CMRS facility within a reasonable distance, regardless of municipal boundaries, can accommodate the applicant's needs. Evidence submitted to demonstrate that no existing facility can accommodate the applicant's proposed CMRS facility shall consist of one or more of the following: i. No existing CMRS facilities are located within the geographic area required to meet the applicant's coverage demands. ii. Existing CMRS facilities or structures are not of sufficient height to meet the applicant's coverage demands and cannot be extended to such height. iii. Existing CMRS facilities or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. iv. Existing CMRS facilities or structures do not have adequate space on which proposed equipment can be placed so it can function effectively and reasonably. v. The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing CMRS facility, or the antennas on the existing facility would cause interference with the applicant's proposed antenna. vi. The applicant demonstrates that there are other compelling limiting factors, including but not limited to economic factors, that render CMRS facilities or structures unsuitable. b. No CMRS facility owner or operator shall unreasonably exclude a telecommunication competitor from using the same facility or location. Upon request by the city, the owner or operator shall provide evidence and a written statement to explain why colocation is not possible at a particular facility or site. c. If a telecommunication competitor attempts to collocate a CMRS facility on an existing or approved CMRS facility or location, and the parties cannot reach an agreement, the city may require a third-party technical study to be completed at the applicant's expense to determine the feasibility of colocation. d. Applications for new freestanding CMRS facilities shall provide evidence that the facility can accommodate colocation of additional carriers. 2. Federal requirements. All CMRS facilities shall meet the current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate CMRS facilities. Failure to meet such revised standards and regulations shall constitute grounds for revocation of city approvals and removal of the facility at the owner's expense. 3. Safety standards. All CMRS facilities shall conform to the requirements of the international building code, and national electrical code, as applicable. 4. Abandonment. CMRS facilities which are abandoned by nonuse, disconnection of power service, equipment removal or loss of lease for greater than six (6) months shall be removed by the MRS facility owner. Should the owner fail to remove the facilities, the city may do so at its option, and the costs thereof shall be a charge against the owner and recovered by certification of the same to the county treasurer for collection as taxes in the manner provided by code section 2-93, or by any other means available under article x of chapter 26. 5. Third party review. a. CMRS providers use various methodologies and analysis tools, including geographically based computer software, to determine the specific technical parameters of CMRS facilities, such as expected coverage area, antenna configuration and topographic constraints that affect signal paths. In certain instances there may be a need for expert review by a third party of the technical data submitted by the CMRS provider. The city may require such a technical review to be paid for by the applicant for a CMRS facility. The selection of the third party expert may be by mutual agreement between the applicant and the city or at the discretion of the city, with a provision for the applicant and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to be a site-specific review of technical aspects of the CMRS facilities and not a subjective review of the site selection. The expert review of the technical submission shall address the following: i. The accuracy and completeness of the submission; ii. The applicability of analysis techniques and methodologies; iii. The validity of conclusions reached; iv. Any specific technical issues designated by the city. b. Based on the results of the third party review, the city may require changes to the application for the CMRS facility that comply with the recommendation of the expert. 6. SigRal iRterfeFeRGe. All GIVIRS fadlities shall be designed and sited se as Ret 7. All CMRS facilities are accessory uses to the structure upon which they are placed or to the primary use of the property on which they are constructed. No CMRS facility shall be located on a vacant lot devoid of any primary or main building. 8. Siting of CMRS facilities in residential areas. The city encourages the siting of CMRS facilities in nonresidential areas. a. The city prohibits freestanding CMRS facilities in the following zone districts: i. Residential-One (R-1), ii. Residential-One A (R-1 A), iii. Residential-One B (R-1 B), iv. Residential-One C (R-1 C), v. Residential-Two (R-2), vi. Residential-Two A (R-2A), vii. Residential-Three (R-3), viii. Residential-Three A (R-3A), ix. Agricultural-One (A-1), x. Agricultural-Two (A-2), and A. Mixed Use-Neighborhood (MU-N) zone districts. b. The city prohibits all CMRS facilities on properties where the principal use is a single or two-family dwelling. c. Alternative tower CMRS facilities may be located on a property containing a non-residential use, regardless of underlying zoning. d. Building, structure or roof-mounted CMRS facilities may be located on a property containing a nonresidential or multi-family use, regardless of underlying zoning. e. Alternative tower structures may be located on a property E. Standards for freestanding and alternative tower CMRS facilities. Freestanding and alternative tower CMRS facilities are subject to the following requirements and shall be evaluated as a special use. 1. Freestanding CMRS facilities shall be visually screened from adjacent residential development and public rights-of-way. 2. Freestanding and alternative tower CMRS facilities shall be permitted only as an accessory use, and are subject to accessory use setback development standards in the applicable zone district. 3. Freestanding and alternative tower CMRS facilities shall not exceed the permitted height for the principal use on the subject property. 4. Freestanding CMRS facilities shall not be permitted between the principal structure and the street. F. Standards for building or structure -mounted CMRS facilities. Building or structure - mounted CMRS facilities are subject to the following requirements and shall be evaluated as part of the community development department's review process. 1. Such facilities shall be architecturally compatible with and textured and colored to match the building or structure to which they are attached. 2. The antenna shall be mounted as flush to the wall as technically possible. The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two (2) feet. 3. Panel antennae shall not extend above the building wall or parapet to which they are mounted. 4. Whip antennae shall extend no more than ten (10) feet above the highest point of the building or structure to which they are attached. G. Standards for roof -mounted CMRS facilities. Roof -mounted CMRS facilities are subject to the following requirements and shall be evaluated as part of community development department's review process. 1. All roof -mounted CMRS facilities and accessory equipment shall be set back from the roof or parapet edge so that visibility from the street or adjacent residential properties is minimized to the greatest extent possible. 2. If roof -mounted equipment is visible from the street or adjacent residential properties, CMRS facilities and accessory equipment shall be screened by materials that are architecturally compatible with and colored to match the building or structure to which they are attached. 3. No roof -mounted facility, including antenna or accessory equipment, shall exceed twelve (12) feet in height, as measured from the roof deck. 4. Roof -mounted accessory equipment shall not be permitted on a sloped roof, unless it can be demonstrated that it is not visible from the street or adjacent residential areas. H. Standards for ground -mounted accessory equipment. Ground -mounted accessory equipment that is associated with a freestanding, roof -mounted or building - mounted CMRS facility are subject to the following requirements and shall be evaluated with the associated CMRS facility application. 1. Ground -mounted accessory equipment shall be subject to the accessory structure setback requirements in the underlying zone district. 2. Ground -mounted accessory equipment or buildings containing accessory equipment shall not exceed 12 feet in height. 3. Ground -mounted accessory equipment not fully enclosed in a building shall be fully screened from adjacent residential properties and public rights-of- way. 4. Buildings containing ground -mounted accessory equipment shall be architecturally compatible with the existing structures on the property and character of the neighborhood. Definitions. .... ..request.. fer Med6fi GatdGR--Gf aR -- teWeF OF SUPPOFt- that iRVE)lVe6- tFaRSMISSOGR _. _. 1. Alternative Tower CMRS facility. An existing or proposed structure that is compatible with the natural setting and surrounding structures and that camouflages or conceals the presence of the antennae and can be used to house or mount CMRS antenna. Examples include manmade trees, clock towers, bell steeples, light poles, silos, existing utility poles, existing utility transmission towers and other similar alternative designed structures. 2. Tower. Any freestanding structure designed and constructed primarily for the purpose of supporting one (1) or more Federal Communications Commission - licensed or authorized antennae, including self-supporting lattice towers, guy towers and monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and other similar structures. The term also includes any antenna or antenna array attached to the tower structure. 3. Substantially Change. A modification which substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria, including a single change or a series of changes over time whether made by a single owner or operator or different owners/operators over time, when viewed against the initial approval for the support structure. The following are considered substantial changes: a. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater; b. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; c. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four cabinets; or, for towers in the public rights- of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; d. It entails any excavation or deployment outside the current site -c4 make th UPPE)r4 stF et ire mere visible; e. It would defeat the concealment elements of the eligible support structure; or f. It does not comply with conditions associated with the original siting approval for the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs a through a of this definition. Section 2. The following definitions are hereby deleted from Section 26-123 and inserted within Section 26-615 under a new paragraph I: Building or structure -mounted commercial mobile radio service facility. A CMRS facility in which antenna are mounted to an existing structure (e.g., water tower, light pole, steeple, etc.) or building face. Commercial mobile radio service (CMRS) accessory building or cabinet. An unmanned building or cabinet used to house equipment associated with a CMRS facility. Commercial mobile radio service (CMRS) site. An unmanned facility consisting of equipment for the reception, switching and transmission of wireless telecommunications, including, but not limited to, personal communications service (PCS), enhanced specialized mobile radio (ESMR), paging, cellular telephone and similar technologies. Freestanding commercial mobile radio service (CMRS) facility. A CMRS facility that consists of a stand-alone support facility (monopole and/or lattice structure), antenna, associated equipment, accessory buildings and equipment cabinets. Roof -mounted commercial mobile radio service (CMRS) facility. A CMRS facility in which antenna are mounted on an existing building roof. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 26th day of September, 2016, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for October 10, 2016 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2016. SIGNED by the Mayor on this day of , 2016. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER MATHEWS COUNCIL BILL NO. 22 ORDINANCE NO. Series 2016 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 26-615 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING COMMERCIAL MOBILE RADIO SERVICE AND MAKING CONFORMING AMENDMENTS IN CONNECTION THEREWITH WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the City Council is authorized by the Constitution, the Home Rule Charter and CRS 31-23-101 et seq. to regulate land use and development within the City; and WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, in the exercise of this authority the Council has previously adopted Section 26-215 of the Wheat Ridge Code of Laws concerning commercial mobile radio service; and WHEREAS, the Council wishes to repeal and reenact Section 26-615 to better regulate these services, and to make conforming amendments in connection therewith; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-615 of the Code, concerning commercial mobile radio service facilities, is hereby repealed and reenacted in its entirety to read as follows: Sec. 26-615. — Commercial mobile radio service (CMRS) facilities. A. Purpose and intent. The purpose and intent of this section 26-615 is to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community. These regulations are necessary in order to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city. 2. Minimize adverse impacts of facilities through careful design, siting and screening standards. 3. Encourage and maximize colocation and the use of existing and approved towers, buildings, and other structures to accommodate new wireless Attachment 2 telecommunication antennas in order to reduce the number of towers needed to serve the community. 4. Provide specific regulations related to the review processes for CMRS facilities. 5. Align the review and approval process for CMRS facilities with the FCC and any other agency of the federal government with the authority to regulate CMRS facilities. B. Applicability. The standards contained in this section shall apply to all applications for any CMRS facility. The applicant shall demonstrate in writing that its proposed CMRS facility meets all applicable standards and provisions of the code. Pre- existing CMRS facilities shall not be required to meet the requirements of this section, other than the requirements of subsection E. Changes and additions to pre-existing CMRS facilities must meet the applicable requirements of this section. C. Review and approval process. Proposed CMRS facilities shall be reviewed pursuant to the following procedures depending upon the facility type and/or proposed change: 1. Review procedure a. Building- or structure -mounted facilities in all zone districts shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. b. Roof -mounted facilities in all zone districts shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. c. New freestanding or alternative tower CMRS facilities must receive a special use permit, pursuant to sections 26-114, 26-204 and 26-1111. d. New freestanding or alternative tower CMRS facilities in all planned development zone districts (including planned residential districts) unless specifically listed or shown as such in the outline development plan, also require amendment of the outline development plan pursuant to Article III. At the sole discretion of the community development director, new freestanding or alternative tower CMRS facilities may be reviewed as a special use pursuant to sections 26- 114, 26-204 and 26-309. e. Applications for colocation on any existing facility shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. 2. Approval process a. The city shall review and act upon the application within the following time periods: i. Within 30 days the city will give written notice of incompleteness if so determined, specifying the code section(s) that requires such missing information. This determination pauses the remaining deadlines until a complete application is filed. ii. Within 60 days the city will act on applications that are not a substantial change. iii. Within 90 days the city will act on colocation applications that are not a substantial increase in the size of a tower. iv. Within 150 days the city will act on applications for new CMRS facilities, colocation applications that are a substantial increase in the size of the tower or substantial increase of an existing CMRS facility. b. The final action of the city on any CMRS application shall be in writing and shall advise the applicant of the reasons for approval, approval with conditions, or denial. D. Standards for all CMRS facilities. The following are standards for all CMRS facilities. 1. Colocation. The shared use of existing freestanding or roof -mounted CMRS facilities shall be preferred to the construction of new facilities in order to minimize adverse visual impacts associated with the proliferation of towers. a. No CMRS application to construct a new freestanding or roof -mounted CMRS facility shall be approved unless the applicant demonstrates to the reasonable satisfaction of the city that no existing CMRS facility within a reasonable distance, regardless of municipal boundaries, can accommodate the applicant's needs. Evidence submitted to demonstrate that no existing facility can accommodate the applicant's proposed CMRS facility shall consist of one or more of the following: i. No existing CMRS facilities are located within the geographic area required to meet the applicant's coverage demands. ii. Existing CMRS facilities or structures are not of sufficient height to meet the applicant's coverage demands and cannot be extended to such height. iii. Existing CMRS facilities or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. iv. Existing CMRS facilities or structures do not have adequate space on which proposed equipment can be placed so it can function effectively and reasonably. v. The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing CMRS facility, or the antennas on the existing facility would cause interference with the applicant's proposed antenna. vi. The applicant demonstrates that there are other compelling limiting factors, including but not limited to economic factors, that render CMRS facilities or structures unsuitable. b. No CMRS facility owner or operator shall unreasonably exclude a telecommunication competitor from using the same facility or location. Upon request by the city, the owner or operator shall provide evidence and a written statement to explain why colocation is not possible at a particular facility or site. c. If a telecommunication competitor attempts to collocate a CMRS facility on an existing or approved CMRS facility or location, and the parties cannot reach an agreement, the city may require a third-party technical study to be completed at the applicant's expense to determine the feasibility of colocation. d. Applications for new freestanding CMRS facilities shall provide evidence that the facility can accommodate colocation of additional carriers. 2. Federal requirements. All CMRS facilities shall meet the current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate CMRS facilities. Failure to meet such revised standards and regulations shall constitute grounds for revocation of city approvals and removal of the facility at the owner's expense. 3. Safety standards. All CMRS facilities shall conform to the requirements of the international building code, and national electrical code, as applicable. 4. Abandonment. CMRS facilities which are abandoned by nonuse, disconnection of power service, equipment removal or loss of lease for greater than six (6) months shall be removed by the CMRS facility owner. Should the owner fail to remove the facilities, the city may do so at its option, and the costs thereof shall be a charge against the owner and recovered by certification of the same to the county treasurer for collection as taxes in the manner provided by code section 2-93, or by any other means available under article x of chapter 26. 5. Third party review. a. CMRS providers use various methodologies and analysis tools, including geographically based computer software, to determine the specific technical parameters of CMRS facilities, such as expected coverage area, antenna configuration and topographic constraints that affect signal paths. In certain instances there may be a need for expert review by a third party of the technical data submitted by the CMRS provider. The city may require such a technical review to be paid for by the applicant for a CMRS facility. The selection of the third party expert may be by mutual agreement between the applicant and the city or at the discretion of the city, with a provision for the applicant and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to be a site-specific review of technical aspects of the CMRS facilities and not a subjective review of the site selection. The expert review of the technical submission shall address the following: i. The accuracy and completeness of the submission; ii. The applicability of analysis techniques and methodologies; iii. The validity of conclusions reached; iv. Any specific technical issues designated by the city. b. Based on the results of the third party review, the city may require changes to the application for the CMRS facility that comply with the recommendation of the expert. 6. All CMRS facilities are accessory uses to the structure upon which they are placed or to the primary use of the property on which they are constructed. No CMRS facility shall be located on a vacant lot devoid of any primary or main building. 7. Siting of CMRS facilities in residential areas. The city encourages the siting of CMRS facilities in nonresidential areas. a. The city prohibits freestanding CMRS facilities in the following zone districts: i. Residential -One (R-1), ii. Residential -One A (R-1 A), iii. Residential -One B (R-1 B), iv. Residential -One C (R-1 C), v. Residential -Two (R-2), vi. Residential -Two A (R -2A), vii. Residential -Three (R-3), viii. Residential -Three A (R -3A), ix. Agricultural -One (A-1), x. Agricultural -Two (A-2), and xi. Mixed Use -Neighborhood (MU -N) zone districts. b. The city prohibits all CMRS facilities on properties where the principal use is a single or two-family dwelling. c. Alternative tower CMRS facilities may be located on a property containing a non-residential use, regardless of underlying zoning. d. Building, structure or roof -mounted CMRS facilities may be located on a property containing a nonresidential or multi -family use, regardless of underlying zoning. e. Alternative tower structures may be located on a property E. Standards for freestanding and alternative tower CMRS facilities. Freestanding and alternative tower CMRS facilities are subject to the following requirements and shall be evaluated as a special use. 1. Freestanding CMRS facilities shall be visually screened from adjacent residential development and public rights-of-way. 2. Freestanding and alternative tower CMRS facilities shall be permitted only as an accessory use, and are subject to accessory use setback development standards in the applicable zone district. 3. Freestanding and alternative tower CMRS facilities shall not exceed the permitted height for the principal use on the subject property. 4. Freestanding CMRS facilities shall not be permitted between the principal structure and the street. F. Standards for building or structure -mounted CMRS facilities. Building or structure - mounted CMRS facilities are subject to the following requirements and shall be evaluated as part of the community development department's review process. 1. Such facilities shall be architecturally compatible with and textured and colored to match the building or structure to which they are attached. 2. The antenna shall be mounted as flush to the wall as technically possible. The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two (2) feet. 3. Panel antennae shall not extend above the building wall or parapet to which they are mounted. 4. Whip antennae shall extend no more than ten (10) feet above the highest point of the building or structure to which they are attached. G. Standards for roof -mounted CMRS facilities. Roof -mounted CMRS facilities are subject to the following requirements and shall be evaluated as part of community development department's review process. 1. All roof -mounted CMRS facilities and accessory equipment shall be set back from the roof or parapet edge so that visibility from the street or adjacent residential properties is minimized to the greatest extent possible. 2. If roof -mounted equipment is visible from the street or adjacent residential properties, CMRS facilities and accessory equipment shall be screened by materials that are architecturally compatible with and colored to match the building or structure to which they are attached. 3. No roof -mounted facility, including antenna or accessory equipment, shall exceed twelve (12) feet in height, as measured from the roof deck. 4. Roof -mounted accessory equipment shall not be permitted on a sloped roof, unless it can be demonstrated that it is not visible from the street or adjacent residential areas. H. Standards for ground -mounted accessory equipment. Ground -mounted accessory equipment that is associated with a freestanding, roof -mounted or building - mounted CMRS facility are subject to the following requirements and shall be evaluated with the associated CMRS facility application. 1. Ground -mounted accessory equipment shall be subject to the accessory structure setback requirements in the underlying zone district. 2. Ground -mounted accessory equipment or buildings containing accessory equipment shall not exceed 12 feet in height. 3. Ground -mounted accessory equipment not fully enclosed in a building shall be fully screened from adjacent residential properties and public rights-of- way. 4. Buildings containing ground -mounted accessory equipment shall be architecturally compatible with the existing structures on the property and character of the neighborhood. I. Definitions. 1. Alternative Tower CMRS facility. An existing or proposed structure that is compatible with the natural setting and surrounding structures and that camouflages or conceals the presence of the antennae and can be used to house or mount CMRS antenna. Examples include manmade trees, clock towers, bell steeples, light poles, silos, existing utility poles, existing utility transmission towers and other similar alternative designed structures. 2. Tower. Any freestanding structure designed and constructed primarily for the purpose of supporting one (1) or more Federal Communications Commission - licensed or authorized antennae, including self-supporting lattice towers, guy towers and monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and other similar structures. The term also includes any antenna or antenna array attached to the tower structure. 3. Substantially Change. A modification which substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria, including a single change or a series of changes over time whether made by a single owner or operator or different owners/operators over time, when viewed against the initial approval for the support structure. The following are considered substantial changes: a. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater; b. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; c. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four cabinets; or, for towers in the public rights- of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; d. It entails any excavation or deployment outside the current site e. It would defeat the concealment elements of the eligible support structure; or f. It does not comply with conditions associated with the original siting approval for the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs a through e of this definition. Section 2. The following definitions are hereby deleted from Section 26-123 and inserted within Section 26-615 under a new paragraph I: Building or structure -mounted commercial mobile radio service facility. A CMRS facility in which antenna are mounted to an existing structure (e.g., water tower, light pole, steeple, etc.) or building face. Commercial mobile radio service (CMRS) accessory building or cabinet. An unmanned building or cabinet used to house equipment associated with a CMRS facility. Commercial mobile radio service (CMRS) site. An unmanned facility consisting of equipment for the reception, switching and transmission of wireless telecommunications, including, but not limited to, personal communications service (PCS), enhanced specialized mobile radio (ESMR), paging, cellular telephone and similar technologies. Freestanding commercial mobile radio service (CMRS) facility. A CMRS facility that consists of a stand-alone support facility (monopole and/or lattice structure), antenna, associated equipment, accessory buildings and equipment cabinets. Roof -mounted commercial mobile radio service (CMRS) facility. A CMRS facility in which antenna are mounted on an existing building roof. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 26th day of September, 2016, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for October 10, 2016 at 7:00 p.m., continued to November 14, 2016 at 7:00 p.m. in the Council Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2016. SIGNED by the Mayor on this day of ATTEST: Janelle Shaver, City Clerk Joyce Jay, Mayor Approved as to Form . 2016. Gerald E. Dahl, City Attorney First Publication: October 6, 2016: October 13, 2016 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us City of W heat �idge ITEM NO: DATE: October 10, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 22-2016 - AN ORDINANCE REPEALING AND REENACTING SECTION 26-615 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING COMMERICAL MOBILE RADIO SERVICE AND MAKING CONFORMING AMENDMENTS IN CONNECTION HEREWITH (CASE NO. ZOA-16-04) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS QUASI-JUDICIAL ❑ ORDINANCES FOR 1 ST READING (09/26/16) ® ORDINANCES FOR 2ND READING (10/10/16) ❑ YES Community Development Director City Manager ISSUE: This ordinance repeals and reenacts Section 26-615 regarding Commercial Mobile Radio Service (CMRS) regulations, more commonly referred to as cellular communication towers. These facilities are permitted throughout the City of Wheat Ridge, but the regulations have not been updated since 2001 and revisions are needed to align the code with current technology and FCC regulations. PRIOR ACTION: These regulations were last updated in a substantial manner in 1996 following the passage of the Telecommunications Act of 1996. Minor reference terminology updates have occurred since that time. City Council held a study session on this topic on November 23, 2015 and Planning Commission held a study session on June 2, 2016. Planning Commission considered this ordinance during a Public Hearing on September 15, 2016 and recommended approval. The minutes from that meeting are provided as an attachment. FINANCIAL IMPACT: None Attachment 3 Council Action Form — CMRS Regulations October 10, 2016 Page 2 BACKGROUND: The City's regulations currently contemplate three general categories of CMRS facilities: freestanding, roof -mounted, and building- or structure -mounted. The proposed ordinance includes updates to development standards, the review and approval process for applications, revisions related to recently adopted federal regulations, as well as other provisions commonly associated with CMRS regulations but previously excluded from the City's current ordinance. Due to the extent of the amendment, the code section is proposed to be repealed and reenacted. Below is a summary of the changes proposed for each code section. Definitions The proposed ordinance includes both updated and new definitions, and proposes to locate all CMRS related definitions within Section 26-615, rather than in Section 26-123. For ease of use, this will consolidate all content related to CMRS into one location in the municipal code. Purpose and Intent Currently, there is no Purpose and Intent section for the CRMS regulations, so this section is new. It reflects the City's desire to accommodate CMRS facilities, but also to minimize visual impacts and encourage colocation. Applicability The City's code currently does not include an applicability section. This type of section is commonly included and provides information regarding which types of facilities and applications the section regulates. Staff recommends that Section 26-615 should apply to all new CMRS facility applications, and that existing approved facilities shall continue to meet provisions related to safety standards, abandonment, and other FCC or other federal regulating authority requirements. Review and Approval Process Unlike most zoning code issues, federal law addresses local land use authority over wireless telecommunication facilities. The "Spectrum Act" is part of the Middle Class Tax Relief and Job Creation Act of 2012 (Section 6409(a)), and it requires changes to local governments' CMRS review and approval procedures. The ruling went into effect in April of 2015, and requires local governments to approve all applications within 60 days for any request that modifies an existing facility and does not "substantially change" the facility. As defined by the FCC, this includes applications for upgrading or swapping existing equipment, or for adding additional equipment. The 60 -day approval timeline that the City must meet under this regulation may not be possible based on the way applications have historically been processed. The proposed ordinance includes language that is consistent with the federal ruling and should result in compliance with required review and approval processes and timelines. In addition, with the inclusion of clear and thorough development standards in the new ordinance, staff proposes allowing additional facility types to be processed through a building permit, rather than a Special Use Permit. The following table illustrates the review and approval process for each facility type. Council Action Form — CMRS Regulations October 10, 2016 Page 3 CMRS Facility Type Review and Approval Process Freestanding, New Special Use Permit Freestanding, New within a Planned Must be shown on ODP, or an amended ODP. In Development zone district some instances, it may be reviewed through a special use permit at the sole discretion of the Community Development Director Freestanding, colocation with or without a Building Permit substantial change Building or structure -mounted, new or Building Permit colocation with or without a substantial change Roof -mounted, new or colocation with or Building Permit without a substantial change Standards for all CMRS Facilities The code currently includes two development standards related to all facilities: that no facility shall exceed the height limit applicable in the underlying zone district and a regulation regarding what constitutes abandonment of a facility. Staff recommends the establishment of the following additional development standards related to all facilities: • Colocation: The ordinance includes language encouraging, and in some cases requiring, colocation on existing facilities in an effort to minimize adverse visual impacts associated with the proliferation of towers. This is typical language in the codes of neighboring jurisdictions. The new regulation will require applicants to demonstrate that no existing facility can accommodate their needs, will prohibit existing facility owners from unreasonably excluding a telecommunication competitor from sharing facilities, and will ensure that new facilities are constructed in a manner that accommodates additional colocated equipment in the future. • Federal Requirements: The ordinance includes provisions that all facilities shall meet current standards and regulations of the FCC, the FAA, and any other agency of the federal government with authority to regulate CMRS facilities. • Safety Standards: The ordinance includes language requiring all facilities to conform to the requirements of the International Building Code, or National Electrical Code, as applicable. Building permits are required for all new installations of or modifications to CMRS facilities. Residential Uses: The ordinance includes clarifying language regarding CMRS facilities in residential areas. The following is proposed: o The city prohibits freestanding CMRS facilities in all residential districts. o The city prohibits all CMRS facilities on properties where the principal use is a single or two-family dwelling. o Building, structure or roof -mounted CMRS facilities may be located on a property containing a nonresidential or multi -family use in a residential zone district. Council Action Form — CMRS Regulations October 10, 2016 Page 4 CMRS Facility Development Standards The following tables compare the development standards in the City's current code with those in the proposed ordinance. These regulations are found in subsections E, F, G, and H of the ordinance. Freestanding Development Standard Current Standard Proposed Standard Necessary when adjacent Screening; Base residential development and Same as current Screening public ROW Same as current match the building or structure Consistent with Accessory Uses Setbacks -- in the underlying zone district Not to exceed maximum Not to exceed permitted height Height height in underlying zone for a principal use Setback from roof edge district visible from the street or Shall not be permitted between Location on Property -- the principal structure and the the parapet of any flat roof or street Roof -Mounted Development Standards Current Standard Proposed Standard Shall be screened by materials that are architecturally Screening compatible with and colored to Same as current match the building or structure to which it is mounted Shall be setback to the greatest extent possible so that it is not Setback from roof edge -- visible from the street or adjacent residential property No more than 10 feet above the parapet of any flat roof or No more than 12 feet, as Height —Whip Antenna ridge of a sloped roof to which measured from the roof deck they are attached No more than 7 feet above any No more than 12 feet, as Height — Panel Antenna parapet of a flat roof, not measured from the roof deck permitted on a sloped roof No more than 7 feet above any No more than 12 feet, as Height —Accessory parapet of a flat roof, not measured from the roof deck, Equipment permitted on a sloped roof not permitted on a sloped roof Council Action Form — CMRS Regulations October 10, 2016 Page 5 Building- or Structure Mounted Development Standards Current Standard Proposed Standard Setbacks Shall be architecturally Consistent with Accessory Uses Screening; Color and compatible with and textured in the underlying zone district Texture and colored to match the Same as current building or structure to which Equipment not contained in a Screening - Equipment they are attached building shall be fully screened lines Shall be mounted as flush as Mounting Not to exceed 2 feet from face possible, not to exceed 2 feet Shall be compatible with the from face Compatibility - Buildings No more than 10 feet above compatible with existing — Height Whip Antenna g p the highest point of the building or structure to which Same as current they are attached character of the neighborhood Shall not extend above the Height — Panel Antenna -- building wall or parapet to which they are attached In addition to the three categories above, the ordinance includes an additional set of development standards related to accessory equipment that is placed on the ground or within a separate building on the site. Because accessory equipment can be associated with any type of CMRS facility (freestanding, roof -mounted, or building -mounted) these standards are proposed as a separate section in the ordinance. Ground Mounted Accessory Equipment Development Standards Current Standard Proposed Standard Setbacks __ Consistent with Accessory Uses in the underlying zone district Height -- Shall not exceed 12 feet Shall be totally screened from Equipment not contained in a Screening - Equipment view from adjacent property building shall be fully screened lines from adjacent residential properties and public ROW Shall be compatible with the Shall be architecturally Compatibility - Buildings existing character of the site compatible with existing and adjacent properties structures on the property and character of the neighborhood Council Action Form — CMRS Regulations October 10, 2016 Page 6 Staff Response to Comment Letter from the Wireless Policy Group (WPG) Staff received a comment letter from the Wireless Policy Group in response to the proposed ordinance. The following response is provided to their specific comments: • Siting options in Residential zones: Staff considered this while drafting the ordinance, and recommends no changes. The new ordinance incentivizes new roof -mounted and structure mounted facilities over new freestanding facilities and provides for greater technical capacity through taller antennas permitted on new facilities. • Colocation: Staff recommends no changes to the ordinance. The language included is consistent with many other jurisdictions' regulations. • Consistency with federal law: The City Attorney is reviewing these requests and will provide a response, if necessary, during the public hearing for Council's consideration. • Adjustments to standards: Staff recommends no changes to the ordinance. Staff notes that the code does not provide alternative variance criteria or procedures for any other section. It is the belief of staff that the current variance criteria adequately applies to these types of facilities. Additionally, it is noted that a search of Land Use Case records identified no past requests for a variance for any CMRS facility. RECOMMENDED MOTION: "I move to approve Council Bill No. 22-2016, an ordinance repealing and reenacting section 26-615 of the Wheat Ridge Code of Laws concerning commercial mobile radio service and making conforming amendments in connection herewith on second reading, o and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely the ordinance repealing and reenacting section 26-615 of the Wheat Ridge Code of Laws concerning commercial mobile radio service and making conforming amendments in connection herewith, for the following reason(s) REPORT PREPARED/REVIEWED BY Lisa Ritchie, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 22-2016 2. Comment letter from the Wireless Policy Group 3. Planning Commission minutes WPG GROUP SS POLICY November 4,2016 The Honorable Joyce Jay, Mayor and City Councilmembers City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 SENT VIA EMAIL: jshaver@ci.wheatridge.co.us RE: Agenda Bill 22-2016 Section 26-615 - Commercial Mobile Radio Service Council Hearing on November 14, 2016 Dear Mayor Jay and Councilmembers: On behalf of AT&T, we submit these additional comments on draft Section 26-615 (Commercial Mobile Radio Service), for which you continued your public hearing to November 14, 2016, to add provisions allowing new freestanding facilities on residentially zoned parcels developed with nonresidential uses, so long as they are stealth or concealed facilities. AT&T supports the provisions recommended by staff to add and define an "alternative tower" CMRS facility. AT&T suggests further that you encourage and facilitate the use of alternative tower designs by allowing an additional 12 feet in height for these designs, such as is now allowed for rooftop facilities. This additional height would: • Allow the same antenna height that is possible with a rooftop facility in the same zone; • Provide an incentive for carriers to build with a stealth/concealed design; • Be consistent with the height of the types of natural features (trees) and structures (clock towers, bell steeples, light standards) typically seen in stealth design; and • Allow the facility to function given the challenges of the existing built environment (which is permitted to be constructed to the same maximum building height) and trees. For example, often a community will prefer a Attachment 4 PO Box 34628 - #75604 meddee.pabst@Wrelesspolicy.com t 425.628.2660 Seattle, WA 98124 www.Wrelesspolicy.com f 206.219.6717 November 4, 2016 Page 2 tower's placement within trees or existing buildings to provide screening; however, the tower must extend above the trees and/or surrounding buildings in order for the antennas to function. Revised Subsection (E) (3) could achieve this with the following additional change: 3. Freestanding and alternative tower CMRS facilities shall not exceed the permitted height for the principal use on the subject property, except that an alternative tower CMRS facility may extend to the maximum height allowed for a rooftop facility in the same zone district (i.e., permitted height plus 12 feet). Thank you for your consideration of these comments. Jennifer Price of AT&T will be attending the hearing on November 14th to provide additional testimony on this suggestion and respond to any questions you may have. Sincerely, cc: Lisa Ritchie, Planner II Kenneth Johnstone, Community Development Director CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 14, 2016 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Monica Duran Zachary Urban Janeece Hoppe Kristi Davis Tim Fitzgerald George Pond Larry Mathews Genevieve Wooden Also present: City Clerk, Janelle Shaver; City Attorney, Jerry Dahl (arrived at 7:24pm); City Manager, Patrick Goff; Community Development Director, Ken Johnstone; Public Works Director, Scott Brink; Parks Director, Joyce Manwaring; Administrative Services Director; Heather Geyer; Police Chief, Daniel Brennan; City Treasurer, Jerry DiTullio; other staff, guests and interested citizens. APPROVAL OF MINUTES of October 24, 2016, Studv Session Notes of October 17. 2016 and Special Study Session Notes of October 24, 2016 There being no objection, the Minutes of the Regular City Council Meeting of October 24 2016 and the Notes of the Study Session of October 17, 2016 and the Special Study Session of October 24, 2016 were approved as published. PROCLAMATIONS AND CEREMONIES none CITIZENS' RIGHT TO SPEAK Rachel Hultin (WR) shared that Wheaties Academy just graduated 12 members. She talked about the Wheaties Love brand that asks the question "How do you Wheat Ridge?" She also reported attending the sustainability conference in Denver today. Jerry DiTullio (WR) thanked voters for approving ballot question 2E. He explained how it will create jobs and clarified that the design for Wadsworth is still ongoing; there will be public meetings in February, 2017 and possibly beyond before the design is finalized. He noted that Wheat Ridge voter turnout was 80% of registered voters. He would like us all to come together now on these four projects, 381h & Wadsworth and 38th & Upham. Public comment on Study Session items - none APPROVAL OF AGENDA City Council Minutes November 14, 2016 1. CONSENT AGENDA Page 2 a) Motion to award RFP -16-31 Videography Services to I.O.T.K Media in the contract amount of $45,425 [Budgeted: includes all related services] b) Motion to award a contract to Murphy Construction Company, LLC, Denver, CO., in the amount of $107,050 for the Clear Creek Trail Maintenance Replacement Project, and to authorize a 10% Contingency amount of $10,705 for a total of $117,755 [Moore St Bridge to Parfet St; replace cracked and uneven asphalt trail with concrete; Open Space funds] c) Resolution No. 44-2016 — amending the Fiscal Year 2016 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $4,000 for the Healthy Eating Active Living (HEAL) Grant to be used for the installation of City Directional and Distance Signs [LiveWell Colorado grant; to encourage awareness and walkinglbiking to use parks and recreation facilities] d) Resolution No. 46-2016 — approving an Agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene Services and authorizing Payment of $69,600 [Budgeted] Councilmember Davis introduced the Consent Agenda. Motion by Councilmember Davis to approve the Consent Agenda items a), b), c) and d). Joyce Manwaring gave an update on Item b), the Clear Creek Trail maintenance project. This is an extension of the grant from Jeffco Open Space to spend the balance of the remaining funds from an original grant for the 41St & Kipling trailhead relocation. Due to the additional scope the County is requiring an additional resolution — which will come to Council on November 28th Motion seconded by Councilmember Wooden; carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 22-2016 — an Ordinance repealing and reenacting Section 26-615 of the Wheat Ridge Code of Laws concerning Commercial Mobile Radio Service and making conforming Amendments in connection herewith (Case No. ZOA-16-04) Revisions to the cell tower regulations are needed to align with current technology and FCC regulations. This hearing was continued from October 10. 2016, at which time the Council directed staff to include provisions for alternative, or stealth, facilities in residential zones on property that contains a non-residential use. Councilmember Mathews introduced Council Bill 22-2016. City Council Minutes November 14, 2018 Mayor Jay opened the Public Hearing. Page 3 Staff Report - Lisa Ritchie • Stealth towers have been added to the code and are defined as "alternative tower structure". • Wording was provided by the Wireless Policy Group (WPG) and staff conducted independent research as well. • These will require a Special Use Permit just as free-standing towers do. • They need to conform to the definition. Specific architectural standards are not being provided—they must be compatible with the natural setting and surrounding structures, and conceal the presence of antennae. • She noted the WPG is still requesting additional height allowance. • As proposed the ordinance restricts heights for both free-standing towers and alternative tower structures to the same height as structures in the underlying zone district. • The Charter allows additional height for antennae, steeples, silos and other mechanical elements. Questions from Council • No, staff has not added the additional height allowance requested by the WPG. • Rooftop facilities allow additional height. The point was raised that limiting a free- standing tower to the height of the roofline defeats the purpose of having a separate tower. • Staff believes there is room within the Charter to allow additional height from a legal perspective. • As written no extra height is allowed. • Is there a variance process? Yes. It would be eligible and not violate the Charter. Public Comment Jennifer Price (Englewood) from AT&T thanked staff for a very collaborative process. The ordinance provides the best possible wireless coverage with the least visual impact. The stealth towers will be inconspicuous and add value to the properties. Viability remains a question. 40% of Council's constituents use cellular only and height is an issue for viability. To better shoot through buildings, height is necessary. Without additional space above a roofline, coverage will be compromised. A stealth antenna on a flagpole can provide better coverage than an antenna on a rooftop. Dustin DePentino (Englewood), an engineer with AT&T explained 'line of sight technology' and the importance of getting above the clutter to provide quality service. He testified they need to get above the roof line; through -put is essential to good connection and speed of service. Having more cell sites is also important. Councilmember Mathews listed a number of examples of stealth towers that had been presented at an earlier meeting – including man-made trees, clock towers, bell steeples, light poles, silos, and existing utility poles and transmission towers. City Council Minutes November 14, 2016 Page 4 Valerie Cardenas (WR) lives here and is a contractor to AT&T. She supports design that adheres to the context and character of a neighborhoods. She illustrated, with an example on a local church, how stealth facilities are not obtrusive. Motion by Councilmember Mathews to approve Council Bill 22-2016, an ordinance repealing and reenacting Section 26-615 of the Wheat Ridge Code of Laws concerning commercial mobile radio service and making conforming amendments in connection herewith on second reading, with the amendments shown on the redline version of said ordinance, direct the City Attorney to finalize the ordinance with said changes, and that it take effect 15 days after final publication. Mayor Jay closed the Public Hearing. Clerk Shaver announced for the record this is Ordinance 1612. Motion seconded by Councilmember Fitzgerald. There was discussion about the variance process. Council could amend the motion per industry desires for extra height or rely on variances that would be handled on a case by case basis through the Board of Adjustments. The variance process really doesn't have technical criteria, but Mr. Johnstone suggested that viability would be covered. Beyond discussion, no amendments were proposed. Motion carried 8-0. 3. Public Hearing on the proposed 2017 City Budget Councilmember Pond introduced Item 3. Staff presentation -- Heather Geyer Short-term: The 2017 proposed budget is balanced and adds $%2.1 M to reserves. The City manager made reductions of $1.6M. $465K in fleet replacement and 7.5 new positions were deferred. Other immediate factors: • The voter -approved sales tax increase has resulted in some changes to the CIP. • Transfers of $2M to CIP and $100,000 to Capital Equipment Replacement Fund • Projected unrestricted Reserves would be 21.5%. Long-term Fiscal Challenges include: • Perpetual systemic funding gap • Lack of sustainable long-term funding for infrastructure; dependence on transfers • Continued focus on economic development 2017 Total Projected Revenue (all funds) $40,097,719 Projected Revenues (7% increase compared to 2016) $12,414,494 Beginning Fund Balance $52,512,213 Total Available Funds k�jL�'s 0 J�7 City of �-l7 � OV Wheat i e � w�1 ctober 0, 0� REQUEST FOR CITYlir ZUNCIL ACTION TITLE: COUNCIL BILL NO. 22-2016 - AN ORDINANCE REPEALING AND REENACTING SECTION 26-615 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING COMMERICAL MOBILE RADIO SERVICE AND MAKING CONFORMING AMENDMENTS IN CONNECTION HEREWITH (CASE NO. ZOA-16-04) ® PUBLIC HEARING ❑ ORDINANCES FOR 1sT READING (09/26/16) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (10/10/16) ❑ RESOLUTIONS QUASI-JUDIC 3 ® NO City Manager ISSUE: This ordinance repeals and reenacts Section 26-615 regarding Commercial Mobile Radio Service (CMRS) regulations, more commonly referred to as cellular communication towers. These facilities are permitted throughout the City of Wheat Ridge, but the regulations have not been updated since 2001 and revisions are needed to align the code with current technology and FCC regulations. PRIOR ACTION: These regulations were last updated in a substantial manner in 1996 following the passage of the Telecommunications Act of 1996. Minor reference terminology updates have occurred since that time. City Council held a study session on this topic on November 23, 2015 and Planning Commission held a study session on June 2, 2016. Planning Commission considered this ordinance during a Public Hearing on September 15, 2016 and recommended approval. The minutes from that meeting are provided as an attachment. FINANCIAL IMPACT: None Council Action Form — CMRS Regulations October 10, 2016 Page 2 BACKGROUND: The City's regulations currently contemplate three general categories of CMRS facilities: freestanding, roof -mounted, and building- or structure -mounted. The proposed ordinance includes updates to development standards, the review and approval process for applications, revisions related to recently adopted federal regulations, as well as other provisions commonly associated with CMRS regulations but previously excluded from the City's current ordinance. Due to the extent of the amendment, the code section is proposed to be repealed and reenacted. Below is a summary of the changes proposed for each code section. Definitions The proposed ordinance includes both updated and new definitions, and proposes to locate all CMRS related definitions within Section 26-615, rather than in Section 26-123. For ease of use, this will consolidate all content related to CMRS into one location in the municipal code. Purpose and Intent Currently, there is no Purpose and Intent section for the CRMS regulations, so this section is new. It reflects the City's desire to accommodate CMRS facilities, but also to minimize visual impacts and encourage colocation. Applicability The City's code currently does not include an applicability section. This type of section is commonly included and provides information regarding which types of facilities and applications the section regulates. Staff recommends that Section 26-615 should apply to all new CMRS facility applications, and that existing approved facilities shall continue to meet provisions related to safety standards, abandonment, and other FCC or other federal regulating authority requirements. Review and Approval Process Unlike most zoning code issues, federal law addresses local land use authority over wireless telecommunication facilities. The "Spectrum Act" is part of the Middle Class Tax Relief and Job Creation Act of 2012 (Section 6409(a)), and it requires changes to local governments' CMRS review and approval procedures. The ruling went into effect in April of 2015, and requires local governments to approve all applications within 60 days for any request that modifies an existing facility and does not "substantially change" the facility. As defined by the FCC, this includes applications for upgrading or swapping existing equipment, or for adding additional equipment. The 60 -day approval timeline that the City must meet under this regulation may not be possible based on the way applications have historically been processed. The proposed ordinance includes language that is consistent with the federal ruling and should result in compliance with required review and approval processes and timelines. In addition, with the inclusion of clear and thorough development standards in the new ordinance, staff proposes allowing additional facility types to be processed through a building permit, rather than a Special Use Permit. The following table illustrates the review and approval process for each facility type. Council Action Form — CMRS Regulations October 10, 2016 Page 3 CMRS Facility Type Review and Approval Process Freestanding, New Special Use Permit Freestanding, New within a Planned Must be shown on ODP, or an amended ODP. In Development zone district some instances, it may be reviewed through a special use permit at the sole discretion of the Community Development Director Freestanding, colocation with or without a Building Permit substantial change Building or structure -mounted, new or Building Permit colocation with or without a substantial change Roof -mounted, new or colocation with or Building Permit without a substantial change Standards for all CMRS Facilities The code currently includes two development standards related to all facilities: that no facility shall exceed the height limit applicable in the underlying zone district and a regulation regarding what constitutes abandonment of a facility. Staff recommends the establishment of the following additional development standards related to all facilities: • Colocation: The ordinance includes language encouraging, and in some cases requiring, colocation on existing facilities in an effort to minimize adverse visual impacts associated with the proliferation of towers. This is typical language in the codes of neighboring jurisdictions. The new regulation will require applicants to demonstrate that no existing facility can accommodate their needs, will prohibit existing facility owners from unreasonably excluding a telecommunication competitor from sharing facilities, and will ensure that new facilities are constructed in a manner that accommodates additional colocated equipment in the future. • Federal Requirements: The ordinance includes provisions that all facilities shall meet current standards and regulations of the FCC, the FAA, and any other agency of the federal government with authority to regulate CMRS facilities. • Safety Standards: The ordinance includes language requiring all facilities to conform to the requirements of the International Building Code, or National Electrical Code, as applicable. Building permits are required for all new installations of or modifications to CMRS facilities. • Residential Uses: The ordinance includes clarifying language regarding CMRS facilities in residential areas. The following is proposed: o The city prohibits freestanding CMRS facilities in all residential districts. o The city prohibits all CMRS facilities on properties where the principal use is a single or two-family dwelling. o Building, structure or roof -mounted CMRS facilities may be located on a property containing a nonresidential or multi -family use in a residential zone district. Council Action Form — CMRS Regulations October 10, 2016 Page 4 CMRS Facility Development Standards The following tables compare the development standards in the City's current code with those in the proposed ordinance. These regulations are found in subsections E, F, G, and H of the ordinance. Freestanding Development Standard Current Standard Proposed Standard Necessary when adjacent to Screening; Base residential development and Same as current Screening public ROW Same as current Setbacks __ Consistent with Accessory Uses to which it is mounted in the underlying zone district Not to exceed maximum Not to exceed permitted height Height height in underlying zone for a principal use district visible from the street or Shall not be permitted between Location on Property -- the principal structure and the Height — Whip Antenna the parapet of any flat roof or street Roof -Mounted Development Standards Current Standard Proposed Standard Shall be screened by materials that are architecturally Screening compatible with and colored to Same as current match the building or structure to which it is mounted Shall be setback to the greatest Setback from roof edge __ extent possible so that it is not visible from the street or adjacent residential property No more than 10 feet above Height — Whip Antenna the parapet of any flat roof or No more than 12 feet, as ridge of a sloped roof to which measured from the roof deck they are attached No more than 7 feet above any No more than 12 feet, Height — Panel Antenna parapet of a flat roof, not measured from the roof deck permitted on a sloped roof Height — Accessory No more than 7 feet above any No more than 12 feet, as Equipment parapet of a flat roof, not measured from the roof deck, permitted on a sloped roof not permitted on a sloped roof Council Action Fonn — CMRS Regulations October 10, 2016 Page 5 Building- or Structure Mounted Development Standards Current Standard Proposed Standard Setbacks Shall be architecturally Consistent with Accessory Uses Screening; Color and compatible with and textured in the underlying zone district Texture and colored to match the Same as current building or structure to which Equipment not contained in a Screening -Equipment they are attached building shall be fully screened from adjacent residential lines Shall be mounted as flush as Mounting Not to exceed 2 feet from face possible, not to exceed 2 feet Compatibility - Buildings existing character of the site from face No more than 10 feet above character of the neighborhood Height — Whip Antenna the highest point of the building or structure to which Same as current they are attached Shall not extend above the Height — Panel Antenna -- building wall or parapet to which they are attached In addition to the three categories above, the ordinance includes an additional set of development standards related to accessory equipment that is placed on the ground or within a separate building on the site. Because accessory equipment can be associated with any type of CMRS facility (freestanding, roof -mounted, or building -mounted) these standards are proposed as a separate section in the ordinance. Ground Mounted Accessory Equipment Development Standards Current Standard Proposed Standard Setbacks __ Consistent with Accessory Uses in the underlying zone district Height -- Shall not exceed 12 feet Shall be totally screened from Equipment not contained in a Screening -Equipment view from adjacent property building shall be fully screened from adjacent residential lines properties and public ROW Shall be compatible with the Shall be architecturally Compatibility - Buildings existing character of the site compatible with existing structures on the property and and adjacent properties character of the neighborhood Council Action Form — CMRS Regulations October 10, 2016 Page 6 Staff Response to Comment Letter from the Wireless Policy Group (WPG) Staff received a comment letter from the Wireless Policy Group in response to the proposed ordinance. The following response is provided to their specific comments: • Siting options in Residential zones: Staff considered this while drafting the ordinance, and recommends no changes. The new ordinance incentivizes new roof -mounted and structure mounted facilities over new freestanding facilities and provides for greater technical capacity through taller antennas permitted on new facilities. • Colocation: Staff recommends no changes to the ordinance. The language included is consistent with many other jurisdictions' regulations. • Consistency with federal law: The City Attorney has reviewed the requests and agrees in part; two minor deletions are approved and incorporated in the recommended motion. • Adjustments to standards: Staff recommends no changes to the ordinance. Staff notes that the code does not provide alternative variance criteria or procedures for any other section. It is the belief of staff that the current variance criteria adequately apply to these types of facilities. Additionally, it is noted that a search of land use case records identified no past requests for a variance for any CMRS facility. RECOMMENDED MOTION: "I move to approve Council Bill No. 22-2016, an ordinance repealing and reenacting section 26-615 of the Wheat Ridge Code of Laws concerning commercial mobile radio service and making conforming amendments in connection herewith on second reading, further amending the ordinance to delete the phrase "make the support structure more visible" in Subsection I (3) (d), and delete Subsection D (6), and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 22-2016, an ordinance repealing and reenacting section 26-615 of the Wheat Ridge Code of Laws concerning commercial mobile radio service and making conforming amendments in connection herewith, for the following reason(s) " REPORT PREPARED/REVIEWED BY; Lisa Ritchie, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 22-2016 2. Comment letter from the Wireless Policy Group 3. Planning Commission minutes CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER MATHEWS COUNCIL BILL NO. 22 ORDINANCE NO. Series 2016 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 26-615 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING COMMERCIAL MOBILE RADIO SERVICE AND ADDING CONFORMING AMENDMENTS IN CONNECTION THEREWITH WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the City Council is authorized by the Constitution, the Home Rule Charter and CRS 31-23-101 et seq. to regulate land use and development within the City; and WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, in the exercise of this authority the Council has previously adopted Section 26-215 of the Wheat Ridge Code of Laws concerning commercial mobile radio service; and WHEREAS, the Council wishes to repeal and reenact Section 26-615 to better regulate these services, and to make conforming amendments in connection therewith; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-615 of the Code, concerning commercial mobile radio service facilities, is hereby repealed and reenacted in its entirety to read as follows: Sec. 26-615. — Commercial mobile radio service (CMRS) facilities. A. Purpose and intent. The purpose and intent of this section 26-615 is to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community. These regulations are necessary in order to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city. 2. Minimize adverse impacts of facilities through careful design, siting and screening standards. 3. Encourage and maximize colocation and the use of existing and approved towers, buildings, and other structures to accommodate new wireless Attachment 1 CMRS Amendments September 26, 2016 Page 2 telecommunication antennas in order to reduce the number of towers needed to serve the community. 4. Provide specific regulations related to the review processes for CMRS facilities. 5. Align the review and approval process for CMRS facilities with the FCC and any other agency of the federal government with the authority to regulate CMRS facilities. B. Applicability. The standards contained in this section shall apply to all applications for any CMRS facility. The applicant shall demonstrate in writing that its proposed CMRS facility meets all applicable standards and provisions of the code. Pre- existing CMRS facilities shall not be required to meet the requirements of this section, other than the requirements of subsection E. Changes and additions to pre-existing CMRS facilities must meet the applicable requirements of this section. C. Review and approval process. Proposed CMRS facilities shall be reviewed pursuant to the following procedures depending upon the facility type and/or proposed change: 1. Review procedure a. Building- or structure -mounted facilities in all zone districts shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. b. Roof -mounted facilities in all zone districts shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. c. New freestanding CMRS facilities must receive a special use permit, pursuant to sections 26-114, 26-204 and 26-1111. d. New freestanding CMRS facilities in all planned development zone districts (including planned residential districts) unless specifically listed or shown as such in the outline development plan, also require amendment of the outline development plan pursuant to Article III. At the sole discretion of the community development director, new freestanding CMRS facilities may be reviewed as a special use pursuant to sections 26-114, 26-204 and 26-309. e. Applications for colocation on any existing facility shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. 2. Approval process a. The city shall review and act upon the application within the following time periods: i. Within 30 days the city will give written notice of incompleteness if so determined, specifying the code section(s) that requires such missing information. This determination pauses the remaining deadlines until a complete application is filed. CMRS Amendments September 26, 2016 Page 3 ii. Within 60 days the city will act on applications that are not a substantial change. iii. Within 90 days the city will act on colocation applications that are not a substantial increase in the size of a tower. iv. Within 150 days the city will act on applications for new CMRS facilities, colocation applications that are a substantial increase in the size of the tower or substantial increase of an existing CMRS facility. b. The final action of the city on any CMRS application shall be in writing and shall advise the applicant of the reasons for approval, approval with conditions, or denial. D. Standards for all CMRS facilities. The following are standards for all CMRS facilities. 1. Colocation. The shared use of existing freestanding or roof -mounted CMRS facilities shall be preferred to the construction of new facilities in order to minimize adverse visual impacts associated with the proliferation of towers. a. No CMRS application to construct a new freestanding or roof -mounted CMRS facility shall be approved unless the applicant demonstrates to the reasonable satisfaction of the city that no existing CMRS facility within a reasonable distance, regardless of municipal boundaries, can accommodate the applicant's needs. Evidence submitted to demonstrate that no existing facility can accommodate the applicant's proposed CMRS facility shall consist of one or more of the following: i. No existing CMRS facilities are located within the geographic area required to meet the applicant's coverage demands. ii. Existing CMRS facilities or structures are not of sufficient height to meet the applicant's coverage demands and cannot be extended to such height. iii. Existing CMRS facilities or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. iv. Existing CMRS facilities or structures do not have adequate space on which proposed equipment can be placed so it can function effectively and reasonably. v. The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing CMRS facility, or the antennas on the existing facility would cause interference with the applicant's proposed antenna. vi. The applicant demonstrates that there are other compelling limiting factors, including but not limited to economic factors, that render CMRS facilities or structures unsuitable. b. No CMRS facility owner or operator shall unreasonably exclude a telecommunication competitor from using the same facility or location. Upon request by the city, the owner or operator shall provide evidence MRS Amendments September 26, 2016 Page 4 and a written statement to explain why colocation is not possible at a particular facility or site. c. If a telecommunication competitor attempts to collocate a CMRS facility on an existing or approved CMRS facility or location, and the parties cannot reach an agreement, the city may require a third -party technical study to be completed at the applicant's expense to determine the feasibility of colocation. d. Applications for new freestanding CMRS facilities shall provide evidence that the facility can accommodate colocation of additional carriers. 2. Federal requirements. All CMRS facilities shall meet the current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate CMRS facilities. Failure to meet such revised standards and regulations shall constitute grounds for revocation of city approvals and removal of the facility at the owner's expense. 3. Safety standards. All CMRS facilities shall conform to the requirements of the international building code, and national electrical code, as applicable. 4. Abandonment. CMRS facilities which are abandoned by nonuse, disconnection of power service, equipment removal or loss of lease for greater than six (6) months shall be removed by the CMRS facility owner. Should the owner fail to remove the facilities, the city may do so at its option, and the costs thereof shall be a charge against the owner and recovered by certification of the same to the county treasurer for collection as taxes in the manner provided by code section 2-93, or by any other means available under article x of chapter 26. 5. Third party review. a. CMRS providers use various methodologies and analysis tools, including geographically based computer software, to determine the specific technical parameters of CMRS facilities, such as expected coverage area, antenna configuration and topographic constraints that affect signal paths. In certain instances there may be a need for expert review by a third party of the technical data submitted by the CMRS provider. The city may require such a technical review to be paid for by the applicant for a CMRS facility. The selection of the third party expert may be by mutual agreement between the applicant and the city or at the discretion of the city, with a provision for the applicant and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to be a site-specific review of technical aspects of the CMRS facilities and not a subjective review of the site selection. The expert review of the technical submission shall address the following: i. The accuracy and completeness of the submission; ii. The applicability of analysis techniques and methodologies; iii. The validity of conclusions reached; CMRS Amendments September 26, 2016 Page 5 iv. Any specific technical issues designated by the city. b. Based on the results of the third party review, the city may require changes to the application for the CMRS facility that comply with the recommendation of the expert. 6. Signal interference. All CMRS facilities shall be designed and sited so as not to cause interference with the normal operation of radio, television, telephone and other telecommunication services utilized by adjacent properties; nor shall any such facilities interfere with any public safety telecommunications. The applicant shall provide a written statement from a qualified radio frequency engineer, certifying that a technical evaluation of existing and proposed facilities indicates no potential interference problems and shall allow the city to monitor interference levels with public safety communications during this process. Additionally, the applicant shall notify the city at least ten (10) calendar days prior to the introduction of new service or changes in existing service, and shall allow the city to monitor interference levels with public safety communications during the testing process. 7. All CMRS facilities are accessory uses to the structure upon which they are placed or to the primary use of the property on which they are constructed. No CMRS facility shall be located on a vacant lot devoid of any primary or main building. 8. Siting of CMRS facilities in residential areas. The city encourages the siting of CMRS facilities in nonresidential areas. a. The city prohibits freestanding CMRS facilities in the following zone districts: i. Residential -One (R-1), ii. Residential -One A (R-1 A), iii. Residential -One B (R-1 B), iv. Residential -One C (R-1 C), v. Residential -Two (R-2), vi. Residential -Two A (R -2A), vii. Residential -Three (R-3), viii. Residential -Three A (R -3A), ix. Agricultural -One (A-1), x. Agricultural -Two (A-2), and xi. Mixed Use -Neighborhood (MU -N) zone districts. b. The city prohibits all CMRS facilities on properties where the principal use is a single or two-family dwelling. c. Building, structure or roof -mounted CMRS facilities may be located on a property containing a nonresidential or multi -family use, regardless of underlying zoning. E. Standards for freestanding CMRS facilities. Freestanding CMRS facilities are subject to the following requirements and shall be evaluated as a special use. 1. Freestanding CMRS facilities shall be visually screened from adjacent residential development and public rights-of-way. CMRS Amendments September 26, 2016 Page 6 2. Freestanding CMRS facilities shall be permitted only as an accessory use, and are subject to accessory use setback development standards in the applicable zone district. 3. Freestanding CMRS facilities shall not exceed the permitted height for the principal use on the subject property. 4. Freestanding CMRS facilities shall not be permitted between the principal structure and the street. F. Standards for building or structure -mounted CMRS facilities. Building or structure - mounted CMRS facilities are subject to the following requirements and shall be evaluated as part of the community development department's review process. 1. Such facilities shall be architecturally compatible with and textured and colored to match the building or structure to which they are attached. 2. The antenna shall be mounted as flush to the wall as technically possible. The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two (2) feet. 3. Panel antennae shall not extend above the building wall or parapet to which they are mounted. 4. Whip antennae shall extend no more than ten (10) feet above the highest point of the building or structure to which they are attached. G. Standards for roof -mounted CMRS facilities. Roof -mounted CMRS facilities are subject to the following requirements and shall be evaluated as part of community development department's review process. 1. All roof -mounted CMRS facilities and accessory equipment shall be set back from the roof or parapet edge so that visibility from the street or adjacent residential properties is minimized to the greatest extent possible. 2. If roof -mounted equipment is visible from the street or adjacent residential properties, CMRS facilities and accessory equipment shall be screened by materials that are architecturally compatible with and colored to match the building or structure to which they are attached. 3. No roof -mounted facility, including antenna or accessory equipment, shall exceed twelve (12) feet in height, as measured from the roof deck. 4. Roof -mounted accessory equipment shall not be permitted on a sloped roof, unless it can be demonstrated that it is not visible from the street or adjacent residential areas. H. Standards for ground -mounted accessory equipment. Ground -mounted accessory equipment that is associated with a freestanding, roof -mounted or building - mounted CMRS facility are subject to the following requirements and shall be evaluated with the associated CMRS facility application. 1. Ground -mounted accessory equipment shall be subject to the accessory structure setback requirements in the underlying zone district. 2. Ground -mounted accessory equipment or buildings containing accessory equipment shall not exceed 12 feet in height. CMRS Amendments September 26, 2016 Page 7 3. Ground -mounted accessory equipment not fully enclosed in a building shall be fully screened from adjacent residential properties and public rights-of- way. 4. Buildings containing ground -mounted accessory equipment shall be architecturally compatible with the existing structures on the property and character of the neighborhood. Definitions. 1. Eligible telecommunications facilities request. Any request for modification of an existing tower or support structure that involves the colocation of new transmission equipment, the removal of transmission equipment or the replacement of transmission equipment. 2. Tower. Any freestanding structure designed and constructed primarily for the purpose of supporting one (1) or more Federal Communications Commission - licensed or authorized antennae, including self-supporting lattice towers, guy towers and monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and other similar structures. The term also includes any antenna or antenna array attached to the tower structure. 3. Substantially Change. A modification which substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria, including a single change or a series of changes over time whether made by a single owner or operator or different owners/operators over time, when viewed against the initial approval for the support structure. The following are considered substantial changes: a. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater; b. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; c. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four cabinets; or, for towers in the public rights- of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets CMRS Amendments September 26, 2016 Page 8 associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; d. It entails any excavation or deployment outside the current site or make the support structure more visible; e. It would defeat the concealment elements of the eligible support structure; or f. It does not comply with conditions associated with the original siting approval for the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs a through e of this definition. Section 2. The following definitions are hereby deleted from Section 26-123 and inserted within Section 26-615 under a new paragraph I: Building or structure -mounted commercial mobile radio service facility. A CMRS facility in which antenna are mounted to an existing structure (e.g., water tower, light pole, steeple, etc.) or building face. Commercial mobile radio service (CMRS) accessory building or cabinet. An unmanned building or cabinet used to house equipment associated with a CMRS facility. Commercial mobile radio service (CMRS) site. An unmanned facility consisting of equipment for the reception, switching and transmission of wireless telecommunications, including, but not limited to, personal communications service (PCS), enhanced specialized mobile radio (ESMR), paging, cellular telephone and similar technologies. Freestanding commercial mobile radio service (CMRS) facility. A CMRS facility that consists of a stand-alone support facility (monopole and/or lattice structure), antenna, associated equipment, accessory buildings and equipment cabinets. Roof -mounted commercial mobile radio service (CMRS) facility. A CMRS facility in which antenna are mounted on an existing building roof. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. CMRS Amendments September 26, 2016 Page 9 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 26th day of September, 2016, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for October 10, 2016 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2016. SIGNED by the Mayor on this day of 2016. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: October 6, 2016 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us WISG GROUP SS POLICY September 26, 2016 The Honorable Joyce Jay, Mayor and City Councilmembers City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 SENT VIA EMAIL: jshaver@ci.wheatridge.co.us RE: Agenda Bill 22-2016 Section 26-615 - Commercial Mobile Radio Service Dear Mayor Jay and Councilmembers: On behalf of AT&T, we submit these comments on draft Section 26-615 (Commercial Mobile Radio Service), which is before you on first reading tonight. We apologize for the lateness of these comments, but we just learned of the City's proposed code change. AT&T supports the City's proposed updates that make the code more consistent with new federal rules, including 47 C.F.R. §1.40001, which allows modifications to existing wireless facilities that do not substantially change the existing facility. AT&T also supports the proposed changes that would allow some additional height for rooftop facilities, increasing the feasibility of developing these sites, which are clearly preferred under your code. AT&T suggests that the draft code be revised to: • allow certain stealth facilities in residential zones,- clarify ones; clarify colocation requirements; • comply with federal law; and • permit adjustments to dimensional standards when the applicant can demonstrate that the adjustment is needed to fill a significant gap in coverage or capacity and the impact of the adjustment is sufficiently mitigated. Skyrocketing Demand for Wireless Service AT&T and other carriers are responding to a significant increase in demand for wireless services. For example: • Since 2007, AT&T has seen data usage on its network increase by 150,000 percent.' 1 http://about.att.com/news/wireless-network.htmI PO Box 34628 - #75604 meridee.pabst@wirelesspolicy.com t 425.628.2660 Seattle, WA 98124 www.wirelesspolicy.com f 206.219.6717 Attachment 2 September 26, 2016 Page 2 • Nearly half (48.3%) of American homes no longer use traditional landline telephone service and instead choose to be wireless only.2 • More than two-thirds of American adults aged 25-29 (72.6%) and aged 30-34 (69.0%) live in households with only wireless telephones.3 In addition, businesses increasingly depend on strong wireless service to carry them and their employees through the workday. Sixty-six percent (66%) of small businesses surveyed said they could not survive - or it would be a major challenge to survive - without wireless technology.4 Furthermore, mobile communications are a critical tool for first responders in emergency situations. According to the Federal Communications Commission ("FCC"), nearly 70 percent of 911 calls are made from wireless phones and that percentage is expected to continue growing.5 Mobile devices provide caller location and callback information, enabling quick and accurate emergency reporting. To meet the skyrocketing demand in residential areas, better serve businesses, and enhance public safety, carriers need viable options for siting new facilities in a way that will provide meaningful coverage and high-quality service. Specific Comments on Draft Section 26-615 Siting options in Residential zones: The City's code does not allow new freestanding facilities in residential zones, regardless of the principal use of the relevant parcel. Given the increased demand for quality wireless service in residential areas, AT&T suggests allowing new freestanding facilities on residentially -zoned parcels developed with schools, churches, parks, and other public uses. These new towers could be limited to those designed with stealth technology, such as monopines, or those substantially screened from view, such as within trees in a park. Colocation: AT&T strongly supports the code's incentives for colocation, including the use of the City's building permit review process. AT&T suggests that the acceptable evidence showing that a potential colocation opportunity is not feasible in Subsection (D)(1) expressly include circumstances when the parties are unable to reach commercially reasonable terms of agreement. In addition, it is not clear why a third -party technical study would be helpful if the parties cannot reach an agreement; AT&T suggests deleting Subsection (D)(1)(c). 2 CDC Wireless Substitution: Early Release of Estimates from the National Health Interview Survey, July - December 2015 (released May 2016). 3 CDC Wireless Substitution: Early Release of Estimates from the National Health Interview Survey, July - December 2015 (released May 2016). 4 AT&T Small Business Technology Poll, 2013 http://about.att.com/mediakit/2013techpoll 5 FCC 911 Wireless Services Consumer Guide https://www.fcc.gov/consumers/guides/911-wireless- services September 26, 2016 Page 3 • Consistency with federal law: Substantial Change Test: The proposed substantial change test in Subsection (1)(3) is not consistent with the new federal definition in 47 C.F.R. §1.40001. Of particular concern is proposed language adding review for whether the change would "make the support structure more visible," included in Subsection (1)(3)(d). This language is not part of the new federal test. The wireless code's definition of "substantial change" should be restated exactly as codified in the new federal regulation. See 47 C.F.R. §1.40001(b)(7). o Shot Clock: The draft code's description of the types of facilities falling within the three shot clock categories (60, 90, or 150 days) could use some clarification with regard to the FCC's rules and orders on this subject. AT&T suggests that Subsection (C)(2)(a) be revised as follows: ii. Within 60 days the city will act on applications that are not a substantial change of the physical dimensions of an eligible support structure. iii. Within 90 days the city will act on colocation applications that are not a substantial increase in the size of a tower. iv. Within 150 days the city will act on applications for new MRS facilities,—and colocation applications that are a substantial increase in the size of the tower o Interference: Subsection (D)(6) regarding the reporting and resolution of any interference issues should be deleted because federal law preempts the regulation of radio frequency interference. New York SMSA Ltd. Partnership v. Town of Clarkstown, 612 F.3d 97, 105 (2nd Cir. 2010). Adjustments to standards: AT&T suggests that the City allow adjustments to dimensional standards when the applicant can show that the adjustment is needed to fill a significant gap in coverage or capacity and the impact of the adjustment is sufficiently mitigated. This test would replace the standard variance test, which is not well suited to wireless facilities. Such a process can be added with the following subsection: Subsection (J): Adjustments to MRS Standards. (1) Applicability - Except as otherwise provided in this Section, no CMRS facility shall be used or developed contrary to any applicable development standard unless an adjustment has been granted pursuant to this Subsection. These provisions apply exclusively to MRS facilities, and are in lieu of the City's generally applicable variance provisions. (2) Submittal Requirements - An application for a MRS facility adjustment shall include: September 26, 2016 Page 4 A. A written statement demonstrating how the adjustment would meet the criteria. B. A site plan that includes: 1. Description of the proposed siting's design and dimensions, as it would appear with and without the adjustment. 2. Elevations showing all components of the CMRS facility, and its connection to utilities, as it would appear with and without the adjustment. 3. Color simulations of the CMRS facility after construction demonstrating compatibility with the vicinity, as it would appear with and without the adjustment. (3) Criteria - An application for an adjustment shall be granted if the following criteria are met: A. The adjustment is consistent with the purpose of the development standard for which the adjustment is sought. B. Based on a visual analysis, the design minimizes the visual impacts to residential zones through mitigating measures, including, but not limited to, building heights, bulk, color, and landscaping. C. The applicant demonstrates the existence of either of the following: Gap in Service (a) A gap in the coverage or capacity of the service network exists; (b) The gap can only be filled through an adjustment in one or more of the standards in this Section; and (c) The adjustment is narrowly tailored to fill the service gap such that the CMRS facility conforms to this Section's standards to the greatest extent possible. 2. Minimization of Impacts - The adjustment would minimize or eliminate negative impacts to surrounding properties and their uses, through a utilization of existing site characteristics, including, but not limited to, the site's size, shape, location, topography, improvements, and natural features. Negative impacts are minimized or eliminated if there is: (a) A decrease in negative visual impacts, including, but not limited to, visual clutter; (b) Better preservation of views or view corridors; September 26, 2016 Page 5 (c) A decrease in negative impacts on property values; or (d) A decrease in any other identifiable negative impacts to the surrounding area's primary uses. (4) Review and Approval. A request for any such adjustment shall be submitted in writing by the applicant for the Board of Adjustment's review. The applicant shall state fully the grounds for the adjustment and all of the facts relied upon by the applicant. Thank you for your consideration of these comments. Jennifer Price of AT&T (jp210a@att.com/303-218-8082) is contacting Community Development staff to discuss these suggestions further. Sincerely, UAOA Meridee Pabst cc: Lisa Ritchie, Planner 11 Kenneth Johnstone, Community Development Director 1. 2. 3. 3 5. City of 'Wheat�dge PLANNING COMMISSION Minutes of Meeting September 15, 2016 CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Dirk Boden Alan Bucknam Emery Dorsey Donna Kimsey Janet Leo Scott Ohm Steve Timms Amanda Weaver Lauren Mikulak, Senior Planner Lisa Ritchie, Planner II Zack Wallace, Planning Technician Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner DORSEY and seconded by Commissioner TIMMS to approve the order of the agenda. Motion carried 8-0. APPROVAL OF MINUTES — September 1, 2016 It was moved by Commissioner DORSEY and seconded by Commissioner LEO to approve the minutes of September 1, 2016, as amended. Motion carried 5-0-3 with Commissioners BUCKNAM, TIMMS and WEAVER abstaining. Planning Commission Minutes September 15, 2016 Attachment 3 Commissioner BODEN asked when the permit application is approved does the contract between the property owner and the billboard company follow the land and is the City involved. He also inquired if the City issues a permit each time the billboard content is changed. Ms. Ritchie explained that the City is not a party to those types of agreements. The intent of the policy is to protect the billboard owner and the landowner. The City also does not review the content of the billboard. Commissioner TIMMS asked if the policy of this•ordinance to keep the billboard in the city only along 1-70. Ms. Ritchie explained the intent of the policy is to keep the billboard count at 16 and only along I-70. There are two non -conforming signs along Ward Road that are not oriented toward I-70. Commissioner OHM asked why a building permit and a letter to the Community Development Director are necessary to modify or take down and replace a billboard. Ms. Mikulak explained that the notification and demolition permit is a safety net that will protect anyone modifying the billboard and will also make sure the billboard location will not be lost if it is temporarily taken down. Commissioner DORSEY asked if a non -conforming billboard is vacated and torn down on Ward Road would another one be built on I-70. Ms. Ritchie explained we would still only have 16 billboards in the city per the code. It was moved by Commissioner TIMMS and seconded by Commissioner LEO to recommend APPROVAL of the proposed ordinance amending Section 260711 of the Wheat Ridge Code of Laws, concerning billboards, to establish a billboard vacancy process. Motion carried 8-0. B. Case No. ZOA-16-04: An ordinance repealing and reenacting Section 26-615 of the Wheat Ridge Code of Laws concerning Commercial Mobile Radio Service and making conforming amendments in connection herewith. Ms. Ritchie gave a short presentation regarding the ordinance amendment. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Planning Commission Minutes -3— September 3— September 15, 2016 There are new FCC regulations for local government that within 60 days all applications for a facility that is not substantially changing be reviewed and approved. Also staff recommends the establishment of the following additional development standards relate to all facilities: Colocation, Federal Requirements, Safety Standards and Residential Uses. Commissioner BODEN asked about subsection D-4 and abandonment of CMRS facility and the guidelines. Ms. Ritchie said there are guidelines for abandonment, but this particular section about the City being reimbursed is new and was written by the City Attorney and is consistent with similar provisions elsewhere in the code. f Commissioner BUCKNAM asked about subsection 8c and why it is possible to put a CMRS facility on a multi -family building as opposed to having a free standing facility and is more of an aesthetic choice. Ms. Ritchie stated the wall mounted antennas are less impactful. Ms. Mikulak added the city has a limited amount of multi-level structures and the wall mounted facilities tend to stand out less than free standing structures and there is more opportunity for colocation. Commissioner BUCKNAM also asked if the change in height from 7 to 12 feet is due to a change in technology requirement. Ms. Ritchie stated it is not uncommon to have taller antennae because it could reduce the amount of facilities in the city. It was moved by Commissioner KIMSEY and seconded by Commissioner DORSEY to recommend APPROVAL of the proposed ordinance repealing and reenacting section 26-615 of the Wheat Ridge Code of Laws concerning commercial mobile radio service and making conforming amendments in connection herewith. Motion carried 8-0. 8. OTHER ITEMS ; A. Discussion: Residential Development Standards and Bulk Plane Mr. Wallace stated that the Community Development Department started research on Residential development standards during the summer of 2016. During study session with both Planning Commission and City Council in July Staff was directed to keep moving forward with the bulk plane research. On August 22, City Council adopted an emergency ordinance which implemented a 45 degree Planning Commission Minutes -4— September 4— September 15, 2016 0 w r W C:" � Z dO )o RL) x O O. �O O OC LL M CL) nj r LU z z Lu LLJ W > > ? oLU a a cr� N F 00 Q1 i O a d LL w lD N O O _y M Lf1 M o i e 00 N Ln Ill 00 N Ln 01 • 6 .. O O O O O O O O J U tq m � _ ALL 1^ ID 6] p • y d � W IDto t s' f 4- w',�srw C Ln - ZR IL Q 0 .f 5 � C>� • • �l�feS 11 v ,u.. WOO a� ::rte=-y�� � �+,i:-- °�`irY•. Proposed Construction ( West View from N Chambers) Existing Conditions group Architects a t & t N. Chambers & E. 8th Aurora, Colorado Project No. NSA 14010.0 Wheat Ridge CMRS Amendments: Revised Subsection 8(a): 8. Siting of CMRS facilities in residential areas. The city encourages the siting of CMRS facilities in nonresidential areas. a. The city prohibits freestanding CMRS facilities in the following zone districts: provided that, a concealed or stealth facility, such as a monopine, may be permitted on parcels that are already developed as a school, park, church. or public use. [list zoning districts] Proposed Construction ( West View from N Chambers) Existing Conditions r at&t 1 N. Chambers & E. 8th Aurora, Colorado Project No. NSA 14010.0 W17_@XM9W1ffl1 CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 10, 2016 Mayor Jay called the Regular City Council Meeting to order at 7.00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Monica Duran Zachary Urban Kristi Davis Tim Fitzgerald George Pond Larry Mathews Genevieve Wooden Absent: Janeece Hoppe Also present City Clerk, Janelle Shaver, City Attorney, Jerry Dahl; City Manager, Patrick Goff; Community Development Director, Ken Johnstone, other staff and interested citizens. APPROVAL OF MINUTES of September 26, 2016 and Studv Session Notes of September 12, and September 19, 2016 There being no objection, the Minutes of the Regular City Council Meeting of September 26, 2016 and Study Session Notes of September 12 and September 19, 2016 were approved as published. PROCLAMATIONS AND CEREMONIES none CITIZENS' RIGHT TO SPEAK John Clark (WR) asked again where all the "pot money" has gone, have we had enough tax increases, what will be taxed next, and how much is enough? He encouraged people not to be afraid to vote no on 69, 72, 3A or 36, or 48. It doesn't mean you are against healthcare and for smoking, or against schools or against art and culture. He noted the premier art display in Wheat Ridge got no money from SCFD funds or the WR Cultural Commission; it was done by high school kids. Voting no on 2E doesn't mean you are against growing the City; it may mean you prefer private sector growth over public sector growth. Wadsworth will get done without 2E -- in a more sensible and less intrusive manner. He pointed out the City has known about the Gold Line coming in since 2003, but did nothing. Read the language and look at the plans. Don't be afraid to vote no. City Council Minutes October 10, 2016 Page 2 APPROVAL OF AGENDA 1. CONSENT AGENDA a) Motion to approve payment to ESRI Inc. in the amount of $44,142.46 for the annual license renewal for the Geographic Information System [budgeted] Councilmember George Wooden introduced the Consent Agenda Motion by Councilmember Wooden to approve payment to ESRI, Inc. in the amount of $44,142.46 for the annual renewal of the Geographic Information System; seconded by Councilmember Davis; carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No 23-2016 — An Ordinance amending Section 26-711 of the Wheat Ridge Code of Laws, concerning Billboards, to establish a Billboard Vacancy Process (Case No. ZOA-16-05) This ordinance will codify the current administrative policy in use for the declaring, advertising. and filling of a billboard vacancy. Councilmember Davis introduced Council Bill 23-2016. Mayor Jay opened the Public Hearing. Clerk Shaver assigned Ordinance 1610. Staff report Lisa Ritchie, City Planner, gave a brief introduction. She noted that Council chose not to address any development standards such as height This ordinance is only about the vacancy process. We have 16 billboards within our city boundaries There was no public comment, or questions or discussion by the Council. Mayor Jay closed the Public Hearing Motion by Councilmember Davis to approve Council Bill 23-2016, an ordinance amending Section 26-711 of the Wheat Ridge Code of Laws, concerning billboards, to establish a billboard vacancy process on second reading, and that it take effect upon adoption and signature of the Mayor; seconded by Councilmember Duran, carried 7-0 3 Council Bill No 22-2016 —an Ordinance repealing and reenacting Section 26-615 of the Wheat Ridge Code of Laws concerning Commercial Mobile Radio Service City Council Minutes October 10, 2016 Page 3 and adding conforming amendments in connection herewith (Case No. ZOA-16- 04 ) City code regulations concerning cellular communication towers have not been updated since 2001. Revisions are needed to align the code with current technology and FCC regulations concerning Commercial Mobile Radio Service (CMRS). Councilmember Mathews introduced Council Bill 22-2016. Clerk Shaver assigned Ordinance 1611. Mayor Jay opened the Public Hearing Staff report Lisa Ritchie gave a brief introduction. The ordinance includes the definition of "substantially change" and timelines to ensure the City complies with FCC regulations. It also has modernized language, a streamlined review and approval process, and includes requirements for co -location where possible. Free-standing and roof/structure-mounted facilities are addressed. The ordinance strives to balances higher design standards with the increased technical capacity of providers Ms. Ritchie referenced a letter from the Wireless Policy Group (WPG) that is in the Council's packet and replied to the requests they are making. • The City Attorney does recommend two changes- one related to the "substantial change" test and to remove the "interference" section. • The City attorney and staff feel the balance of the ordinance is consistent with federal law and do not recommend changes to the other provisions. • Related to siting in residential zones, staff recommends no changes. This ordinance does allow roof and building/structure mounted facilities on multifamily and non-residential uses such as churches. • The proposed ordinance increases the allowed height for the antennae so greater technical capacity is provided in residential zones • Regarding co -location WPG requests not requiring a third party technical study when disagreement occurs between applicants. Staff believes the third party request is reasonable, other jurisdictions have it, it provides extra assurance from outside technical experts. • Regarding adjustment to standards, WPG suggests a specific variance process to consider variances to standards. Staff doesn't support this; no other section of our code has a separate variance process, to date there have been no cases of requests for variances for CMRS. There were no questions from Council Jennifer Price from AT&T noted that the requests made by WPG were done so on behalf of AT&T • She recognized the work staff did on the code — providing good balance for the needs of providers and the community; they appreciate the inclusion of their request to make it consistent with federal law. City Council Minutes October 10, 2016 Page 4 • Ms. Price provided handouts for the Council and focused her remarks on why they believe it is important for the City to be open to allowing new free standing wireless facilities in residential neighborhoods • A lot of work has been done in the wireless world to stealth the towers and hide them in plain sight. Vendors actually prefer to collocate as it saves time and money, and she believes they should be pushed to go that direction. • However, since 2007, AT&T's wireless data usage has increased 150,000%. Nationally, 40% of households are wireless and have no landline. In Colorado it is 50%. She explained how infill is necessary as demand increases. • The City should not exclude from the discussion that the industry can hide in plain sight better than on roofs and sides of buildings. • She encouraged the City to provide options; stringent regulations are acceptable. The process staff created is excellent; what hurts is when it is not allowed. Discussion followed. Staff was asked to respond to Ms. Price's requests. • Towers have traditionally not been allowed in residential and agricultural zones -- which includes most parks and several churches. It would be a new category. • There is a Special Use Permit process in the new ordinance; discretionary review would be appropriate. • If there's a neighbor complaint or opposition from the applicant it goes to Council review. • A new free-standing tower requires a Special Use Permit • As written, the proposed code changes don't address architectural compatibility or neighborhood compatibility for free standing towers as well as for roof top. Mr. Johnstone advised that 30 days should be adequate to allow time for staff to make some changes as discussed Motion by Councilmember Mathews to continue the public hearing to the November 14 meeting, seconded by Councilmember Fitzgerald, Councilmember Urban inquired about application in the MUN zone. Ms. Ritchie stated the Planning Commission recommended including MUN with residential and agricultural There was discussion about allowing facilities in the residential zone if residential is not the primary use. The motion to continue carried 7-0. ORDINANCES ON FIRST READING 4. Council Bill No 24-2016 — An Ordinance amending Chapter 16 of the Wheat Ridge Code of Laws to add a new Section 16-68, entitled Removal of Snow and Ice from Sidewalks WIRELESS W ISG GROUP LL POLICY October 5, 2016 The Honorable Joyce Jay, Mayor and City Councilmembers City of Wheat Ridge 7500 W. 291h Avenue Wheat Ridge, CO 80033 SENT VIA EMAIL: jshaver@ci.wheatridge.co.us RE: Agenda Bill 22-2016 Section 26-615 - Commercial Mobile Radio Service Dear Mayor Jay and Councilmembers: On behalf of AT&T, we submit these comments on draft Section 26-615 (Commercial Mobile Radio Service), which is before you on second reading Monday, October 101h. AT&T supports the City's proposed updates that make the code more consistent with new federal rules, including 47 C.F.R. §1.40001, which allows modifications to existing wireless facilities that do not substantially change the existing facility. AT&T also supports the proposed changes that would allow some additional height for rooftop facilities, increasing the feasibility of developing these sites, which are clearly preferred under your code. AT&T suggests that the draft code be revised to: • comply with federal law; • clarify colocation requirements; • allow certain stealth facilities in residential zones; and • permit adjustments to dimensional standards when the applicant can demonstrate that the adjustment is needed to fill a significant gap in coverage or capacity and the impact of the adjustment is sufficiently mitigated. We met with Lisa Ritchie regarding our suggested changes, and we understand that planning staff is discussing them with the City's attorney. PO Box 34628 - #75604 Seattle, WA 98124 meridee.pabst@wirelesspolicy.com www.wirelesspolicy.com t 425.628.2660 f 206.219.6717 October 5, 2016 Page 2 Skyrocketing Demand for Wireless Service AT&T and other carriers are responding to a significant increase in demand for wireless services. For example: Since 2007, AT&T has seen data usage on its network increase by 150,000 percent.' Nearly half (48.3%) of American homes no longer use traditional landline telephone service and instead choose to be wireless only.z More than two-thirds of American adults aged 25-29 (72.6%) and aged 30- 34 (69.0%) live in households with only wireless telephones.3 In addition, businesses increasingly depend on strong wireless service to carry them and their employees through the workday. Sixty-six percent (66%) of small businesses surveyed said they could not survive - or it would be a major challenge to survive - without wireless technology.4 Furthermore, mobile communications are a critical tool for first responders in emergency situations. According to the Federal Communications Commission ("FCC"), nearly 70 percent of 911 calls are made from wireless phones and that percentage is expected to continue growing.s Mobile devices provide caller location and callback information, enabling quick and accurate emergency reporting. To meet the skyrocketing demand in residential areas, better serve businesses, and enhance public safety, carriers need viable options for siting new facilities in a way that will provide meaningful coverage and high-quality service. Specific Comments on Draft Section 26-615 • Consistency with federal law: o Substantial Change Test: The proposed substantial change test in Subsection (I) (3) is not consistent with the new federal definition in 1 http://about.att.com/news/wireless-network.htm1 z CDC Wireless Substitution: Early Release of Estimates from the National Health Interview Survey, July - December 2015 (released May 2016). 3 CDC Wireless Substitution: Early Release of Estimates from the National Health Interview Survey, July - December 2015 (released May 2016). 4 AT&T Small Business Technology Poll, 2013 http://about.att.com/mediakit/2013techpoll 5 FCC 911 Wireless Services Consumer Guide https://www.fcc.gov/consumers/guides/911-wireless- services October 5. 2016 Page 3 47 C.F.R. §1.40001. Of particular concern is proposed language adding review for whether the change would "make the support structure more visible," included in Subsection (I)(3)(d). This language is not part of the new federal test. The wireless code's definition of "substantial change" should be restated exactly as codified in the new federal regulation. See 47 C.F.R. §1.40001(b)(7). o Shot Clock: The draft code's description of the types of facilities falling within the three shot clock categories (60, 90, or 150 days) could use some clarification with regard to the FCC's rules and orders on this subject. AT&T suggests that Subsection (C)(2)(a) be revised as follows: ii. Within 60 days the city will act on applications that are not a substantial change of the physical dimensions of an eligible support structure. iii. Within 90 days the city will act on colocation applications that are not a substantial increase in the size of a tower. iv. Within 150 days the city will act on applications for new CMRS facilities -and colocation applications that are a substantial increase in the size of the tower o Interference: Subsection (D)(6) regarding the reporting and resolution of any interference issues should be deleted because federal law preempts the regulation of radio frequency interference. New York SMSA Ltd. Partnership v. Town of Clarkstown, 612 F.3d 97, 105 (2nd Cir. 2010). Siting options in Residential zones: The City's code does not allow new freestanding facilities in residential zones, regardless of the principal use of the relevant parcel. As explained above, carriers are responding to skyrocketing demand, particularly from the significant numbers that now rely on wireless as their sole means of telephone service in their homes. Often, a community would prefer to serve those residents via a new facility on property that is already developed as a park, school, church, or public use. In circumstances such as a park, there may not be an existing structure on which to attach antennas, and a new tower designed as a monopine would be the most feasible and least intrusive option for serving the surrounding neighborhood. Given the increased demand for quality wireless service in residential areas, AT&T suggests allowing some additional flexibility under the new code by permitting new freestanding facilities on residentially -zoned parcels developed with schools, churches, parks, and other public uses. These new towers could be limited to those designed with stealth October 5, 2016 Page 4 technology, such as monopines, or those substantially screened from view, such as within trees in a park. Colocation: AT&T strongly supports the code's incentives for colocation, including the use of the City's building permit review process. AT&T suggests that the acceptable evidence showing that a potential colocation opportunity is not feasible in Subsection (D) (1) expressly include circumstances when the parties are unable to reach commercially reasonable terms of agreement. In addition, it is not clear why a third -party technical study would be helpful if the parties cannot reach an agreement; AT&T suggests deleting Subsection (D)(1)(c). Adiustments to standards: AT&T suggests that the City allow adjustments to dimensional standards when the applicant can show that the adjustment is needed to fill a significant gap in coverage or capacity and the impact of the adjustment is sufficiently mitigated. This test would replace the standard variance test, which is not well suited to wireless facilities. For example, the City's variance test considers several factors that are usually not relevant to a wireless facility proposed as an accessory use, including whether the property in question would yield a reasonable return in use, service or income; whether the particular physical surroundings, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner); and whether the alleged difficulty or hardship has not been created by any person presently having an interest in the property.6 Instead of considering the characteristics of the property in question, an adjustment process specific to CMRS facilities can evaluate whether an adjustment is needed to close a significant gap in service and allow a wireless facility that is less intrusive than other options. For instance, the City's code strictly limits tower heights to the maximum building height (which appears to be 35 or 50 feet). Because other buildings in the vicinity may already be built to that height, additional height may be required to simply clear the built environment. Allowing some additional height for a tower in an industrial zone through a height adjustment might be strongly preferred over a new facility in another, more protected zone. An adjustments standard like the following will allow the preferred option in such circumstances. An adjustment process can be added with the following subsection: 6 See Section 26-115(C)(4). October 5. 2016 Page 5 Subsection (J): Adjustments to MRS Standards. (1) Applicability - Except as otherwise provided in this Section, no CMRS facility shall be used or developed contrary to any applicable development standard unless an adjustment has been granted pursuant to this Subsection. These provisions apply exclusively to CMRS facilities, and are in lieu of the City's generally applicable variance provisions. (2) Submittal Requirements - An application for a CMRS facility adjustment shall include: A. A written statement demonstrating how the adjustment would meet the criteria. B. A site plan that includes: 1. Description of the proposed siting's design and dimensions, as it would appear with and without the adjustment. 2. Elevations showing all components of the CMRS facility, and its connection to utilities, as it would appear with and without the adjustment. 3. Color simulations of the CMRS facility after construction demonstrating compatibility with the vicinity, as it would appear with and without the adjustment. (3) Criteria - An application for an adjustment shall be granted if the following criteria are met: A. The adjustment is consistent with the purpose of the development standard for which the adjustment is sought. B. Based on a visual analysis, the design minimizes the visual impacts to residential zones through mitigating measures, including, but not limited to, building heights, bulk, color, and landscaping. C. The applicant demonstrates the existence of either of the following: Gap in Service (a) A gap in the coverage or capacity of the service network exists; (b) The gap can only be filled through an adjustment in one or more of the standards in this Section; and October 5, 2016 Page 6 (c) The adjustment is narrowly tailored to fill the service gap such that the CMRS facility conforms to this Section's standards to the greatest extent possible. 2. Minimization of Impacts - The adjustment would minimize or eliminate negative impacts to surrounding properties and their uses, through a utilization of existing site characteristics, including, but not limited to, the site's size, shape, location, topography, improvements, and natural features. Negative impacts are minimized or eliminated if there is: (a) A decrease in negative visual impacts, including, but not limited to, visual clutter; (b) Better preservation of views or view corridors; (c) A decrease in negative impacts on property values; or (d) A decrease in any other identifiable negative impacts to the surrounding area's primary uses. (4) Review and Approval. A request for any such adjustment shall be submitted in writing by the applicant for the Board of Adjustment's review. The applicant shall state fully the grounds for the adjustment and all of the facts relied upon by the applicant. Thank you for your consideration of these comments. Jennifer Price of AT&T Op210a@att.com/303-218-8082) will be attending the hearing on Monday night to provide additional testimony on these matters and respond to any questions you may have. Sincerely, cc: Lisa Ritchie, Planner II Kenneth Johnstone, Community Development Director 4 7-9 W ON of �t j idge l��F ITEM NO: ° DATE: September 26, 2016 REQUEST FOR CITY COUNCIL ACTION �A d4h TITLE: COUNCIL BILL NO. 22-2016 — AN ORDINANCE REPEALING AND REENACTING SECTION 26-615 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING COMMERICAL MOBILE RADIO SERVICE AND ADDING CONFORMING AMENDMENTS IN CONNECTION HEREWITH (CASE NO. ZOA-16-04) ❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (09/26/16) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (10/10/16) ❑ RESOLUTIONS OUASI-JUDICIAL: n YES Zrli, MCA 4jr, -a- Old, City Manager f I ISSUE: This ordinance repeals and reenacts Section 26-615 regarding Commercial Mobile Radio Service (CMRS) regulations, more commonly referred to as cellular communication towers. These facilities are permitted throughout the City of Wheat Ridge, but the regulations have not been updated since 2001 and revisions are needed to align the code with current technology and FCC regulations. PRIOR ACTION: These regulations were last updated in a substantial manner in 1996 following the passage of the Telecommunications Act of 1996. Minor reference terminology updates have occurred since that time. City Council held a study session on this topic on November 23, 2015 and Planning Commission held a study session on June 2, 2016. Planning Commission considered this ordinance during a Public Hearing on September 15, 2016 and recommended approval. The staff report and minutes will be provided to the Council at the public hearing on October 10, 2016. FINANCIAL IMPACT: None Council Action Form — CMRS Regulations September 26, 2016 Page 2 BACKGROUND: The City's regulations currently contemplate three general categories of CMRS facilities: freestanding, roof -mounted, and building- or structure -mounted. The proposed ordinance includes updates to development standards, the review and approval process for applications, revisions related to recently adopted federal regulations, as well as other provisions commonly associated with CMRS regulations but previously excluded from the City's current ordinance. Due to the extent of the amendment, the code section is proposed to be repealed and reenacted. Below is a summary of the changes proposed for each code section. Definitions The proposed ordinance includes both updated and new definitions, and proposes to locate all CMRS related definitions within Section 26-615, rather than in Section 26-123. For ease of use, this will consolidate all content related to CMRS into one location in the municipal code. Purpose and Intent Currently, there is no Purpose and Intent section for the CRMS regulations, so this section is new. It reflects the City's desire to accommodate CMRS facilities, minimize visual impacts and encourage colocation. Applicability The City's code currently does not include an applicability section. This type of section is commonly included and provides information regarding which types of facilities and applications the section regulates. Staff recommends that Section 26-615 should apply to all new CMRS facility applications, and that existing approved facilities shall continue to meet provisions related to safety standards, abandonment, and other FCC and federal regulating authority requirements. Review and Approval Process Unlike most zoning code issues, federal law addresses local land use authority over wireless telecommunication facilities. The "Spectrum Act" is part of the Middle Class Tax Relief and Job Creation Act of 2012 (Section 6409(a)), and it requires changes to local governments' CMRS review and approval procedures. The ruling went into effect in April of 2015, and requires local governments to approve all applications within 60 days for any request that modifies an existing facility and does not "substantially change" the facility. As defined by the FCC, this includes applications for upgrading or swapping existing equipment, or for adding additional equipment. The 60 -day approval timeline that the City must meet under this regulation may not be possible based on the way applications have historically been processed. The proposed ordinance includes language that is consistent with the federal ruling and should result in compliance with required review and approval processes and timelines. In addition, with the inclusion of clear and thorough development standards in the new ordinance, staff proposes allowing additional facility types to be processed through a building permit, rather than a Special Use Permit. The following table illustrates the review and approval process for each facility type. Council Action Form — CMRS Regulations September 26, 2016 Page 3 CMRS Facility Type Review and Approval Process Freestanding, new Special Use Permit Freestanding, new within a planned Must be shown on ODP, or an amended ODP. In development zone district some instances, it may be reviewed through a special use permit at the sole discretion of the Community Development Director Freestanding, colocation with or without a Building Permit substantial change Building or structure -mounted, new or Building Permit colocation with or without a substantial change Roof -mounted, new or colocation with or Building Permit without a substantial change Standards for all CMRS Facilities The code currently includes two development standards related to all facilities: that no facility shall exceed the height limit applicable in the underlying zone district and a regulation regarding what constitutes abandomnent of a facility. Staff recommends the establishment of the following additional development standards related to all facilities: • Colocation: The ordinance includes language encouraging, and in some cases requiring, colocation on existing facilities in an effort to minimize adverse visual impacts associated with the proliferation of towers. This is typical language in the codes of neighboring jurisdictions. The new regulation will require applicants to demonstrate that no existing facility can accommodate their needs, will prohibit existing facility owners from unreasonably excluding a telecommunication competitor from sharing facilities, and will ensure that new facilities are constructed in a manner that accommodates additional colocated equipment in the future. • Federal Requirements: The ordinance includes provisions that all facilities shall meet current standards and regulations of the FCC, the FAA, and any other agency of the federal government with authority to regulate CMRS facilities. • Safety Standards: The ordinance includes language requiring all facilities to conform to the requirements of the International Building Code, or National Electrical Code, as applicable. Building permits are required for all new installations of or modifications to CMRS facilities. • Residential Uses: The ordinance includes clarifying language regarding CMRS facilities in residential areas. The following is proposed: o The City prohibits freestanding CMRS facilities in all residential districts. o The City prohibits all CMRS facilities on properties where the principal use is a single or two-family dwelling. o Building, structure or roof -mounted CMRS facilities may be located on a property containing a nonresidential or multi -family use in a residential zone district. Council Action Form — CMRS Regulations September 26, 2016 Page 4 CMRS Facility Development Standards The following tables compare the development standards in the City's current code with those in the proposed ordinance. These regulations are found in subsections E, F, G, and H of the ordinance. Freestanding Development Standard Current Standard Proposed Standard Necessary when adjacent to Screening; Base residential development and Same as current Screening public ROW Same as current match the building or structure Consistent with Accessory Uses Setbacks -- in the underlying zone district Not to exceed maximum Not to exceed permitted height Height height in underlying zone for a principal use Setback from roof edge district visible from the street or Shall not be permitted between Location on Property -- the principal structure and the the parapet of any flat roof or street Roof -Mounted Development Standards Current Standard Proposed Standard Shall be screened by materials that are architecturally Screening compatible with and colored to Same as current match the building or structure to which it is mounted Shall be setback to the greatest extent possible so that it is not Setback from roof edge __ visible from the street or adjacent residential property No more than 10 feet above the parapet of any flat roof or No more than 12 feet, as Height — Whip Antenna ridge of a sloped roof to which measured from the roof deck they are attached No more than 7 feet above any No more than 12 feet, as Height — Panel Antenna parapet of a flat roof, not measured from the roof deck permitted on a sloped roof No more than 7 feet above any No more than 12 feet, as Height — Accessory parapet of a flat roof, not measured from the roof deck, Equipment permitted on a sloped roof not permitted on a sloped roof Council Action Form — CMRS Regulations September 26, 2016 Page 5 Building- or Structure Mounted Development Standards Current Standard Proposed Standard Setbacks Shall be architecturally Consistent with Accessory Uses Screening; Color and compatible with and textured in the underlying zone district Texture and colored to match the Same as current building or structure to which Equipment not contained in a Screening -Equipment they are attached building shall be fully screened lines Shall be mounted as flush as Mounting Not to exceed 2 feet from face possible, not to exceed 2 feet Shall be compatible with the from face Compatibility - Buildings No more than 10 feet above compatible with existing — Height Whip Antenna g p the highest point of the building or structure to which Same as current they are attached character of the neighborhood Shall not extend above the Height — Panel Antenna -- building wall or parapet to which they are attached In addition to the three categories above, the ordinance includes an additional set of development standards related to accessory equipment that is placed on the ground or within a separate building on the site. Because accessory equipment can be associated with any type of CMRS facility (freestanding, roof -mounted, or building -mounted) these standards are proposed as a separate section in the ordinance. Ground Mounted Accessory Equipment Development Standards Current Standard Proposed Standard Setbacks __ Consistent with Accessory Uses in the underlying zone district Height -- Shall not exceed 12 feet Shall be totally screened from Equipment not contained in a Screening -Equipment view from adjacent property building shall be fully screened lines from adjacent residential properties and public ROW Shall be compatible with the Shall be architecturally Compatibility - Buildings existing character of the site compatible with existing and adjacent properties structures on the property and character of the neighborhood Council Action Form — CMRS Regulations September 26, 2016 Page 6 RECOMMENDED MOTION: "I move to approve Council Bill No. 22-2016, an ordinance repealing and reenacting section 26-615 of the Wheat Ridge Code of Laws concerning commercial mobile radio service and adding conforming amendments in connection herewith on first reading, order it published, public hearing set for Monday, October 10, 2016 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 22-2016, an ordinance repealing and reenacting section 26-615 of the Wheat Ridge Code of Laws concerning commercial mobile radio service and adding conforming amendments in connection herewith, for the following reason(s) " REPORT PREPARED/REVIEWED BY; Lisa Ritchie, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 22-2016 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 22 ORDINANCE NO. Series 2016 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 26-615 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING COMMERCIAL MOBILE RADIO SERVICE AND ADDING CONFORMING AMENDMENTS IN CONNECTION THEREWITH WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the City Council is authorized by the Constitution, the Home Rule Charter and CRS 31-23-101 et seq. to regulate land use and development within the City; and WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, in the exercise of this authority the Council has previously adopted Section 26-215 of the Wheat Ridge Code of Laws concerning commercial mobile radio service; and WHEREAS, the Council wishes to repeal and reenact Section 26-615 to better regulate these services, and to make conforming amendments in connection therewith; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-615 of the Code, concerning commercial mobile radio service facilities, is hereby repealed and reenacted in its entirety to read as follows: Sec. 26-615. — Commercial mobile radio service (CMRS) facilities. A. Purpose and intent. The purpose and intent of this section 26-615 is to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community. These regulations are necessary in order to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city. 2. Minimize adverse impacts of facilities through careful design, siting and screening standards. 3. Encourage and maximize colocation and the use of existing and approved towers, buildings, and other structures to accommodate new wireless Attachment 1 CMRS Amendments September 26, 2016 Page 2 telecommunication antennas in order to reduce the number of towers needed to serve the community. 4. Provide specific regulations related to the review processes for CMRS facilities. 5. Align the review and approval process for CMRS facilities with the FCC and any other agency of the federal government with the authority to regulate CMRS facilities. B. Applicability. The standards contained in this section shall apply to all applications for any CMRS facility. The applicant shall demonstrate in writing that its proposed CMRS facility meets all applicable standards and provisions of the code. Pre- existing CMRS facilities shall not be required to meet the requirements of this section, other than the requirements of subsection E. Changes and additions to pre-existing CMRS facilities must meet the applicable requirements of this section. C. Review and approval process. Proposed CMRS facilities shall be reviewed pursuant to the following procedures depending upon the facility type and/or proposed change: 1. Review procedure a. Building- or structure -mounted facilities in all zone districts shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. b. Roof -mounted facilities in all zone districts shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. c. New freestanding CMRS facilities must receive a special use permit, pursuant to sections 26-114, 26-204 and 26-1111. d. New freestanding CMRS facilities in all planned development zone districts (including planned residential districts) unless specifically listed or shown as such in the outline development plan, also require amendment of the outline development plan pursuant to Article III. At the sole discretion of the community development director, new freestanding CMRS facilities may be reviewed as a special use pursuant to sections 26-114, 26-204 and 26-309. e. Applications for coloration on any existing facility shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. 2. Approval process a. The city shall review and act upon the application within the following time periods: i. Within 30 days the city will give written notice of incompleteness if so determined, specifying the code section(s) that requires such missing information. This determination pauses the remaining deadlines until a complete application is filed. CMRS Amendments September 26, 2016 Page 3 ii. Within 60 days the city will act on applications that are not a substantial change. iii. Within 90 days the city will act on colocation applications that are not a substantial increase in the size of a tower. iv. Within 150 days the city will act on applications for new CMRS facilities, colocation applications that are a substantial increase in the size of the tower or substantial increase of an existing CMRS facility. b. The final action of the city on any CMRS application shall be in writing and shall advise the applicant of the reasons for approval, approval with conditions, or denial. D. Standards for all CMRS facilities. The following are standards for all CMRS facilities. 1. Colocation. The shared use of existing freestanding or roof -mounted CMRS facilities shall be preferred to the construction of new facilities in order to minimize adverse visual impacts associated with the proliferation of towers. a. No CMRS application to construct a new freestanding or roof -mounted CMRS facility shall be approved unless the applicant demonstrates to the reasonable satisfaction of the city that no existing CMRS facility within a reasonable distance, regardless of municipal boundaries, can accommodate the applicant's needs. Evidence submitted to demonstrate that no existing facility can accommodate the applicant's proposed CMRS facility shall consist of one or more of the following: i. No existing CMRS facilities are located within the geographic area required to meet the applicant's coverage demands. ii. Existing CMRS facilities or structures are not of sufficient height to meet the applicant's coverage demands and cannot be extended to such height. iii. Existing CMRS facilities or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. iv. Existing CMRS facilities or structures do not have adequate space on which proposed equipment can be placed so it can function effectively and reasonably. v. The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing CMRS facility, or the antennas on the existing facility would cause interference with the applicant's proposed antenna. vi. The applicant demonstrates that there are other compelling limiting factors, including but not limited to economic factors, that render CMRS facilities or structures unsuitable. b. No CMRS facility owner or operator shall unreasonably exclude a telecommunication competitor from using the same facility or location. Upon request by the city, the owner or operator shall provide evidence CMRS Amendments September 26, 2016 Page 4 and a written statement to explain why colocation is not possible at a particular facility or site. c. If a telecommunication competitor attempts to collocate a CMRS facility on an existing or approved CMRS facility or location, and the parties cannot reach an agreement, the city may require a third -party technical study to be completed at the applicant's expense to determine the feasibility of colocation. d. Applications for new freestanding CMRS facilities shall provide evidence that the facility can accommodate colocation of additional carriers. 2. Federal requirements. All CMRS facilities shall meet the current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate CMRS facilities. Failure to meet such revised standards and regulations shall constitute grounds for revocation of city approvals and removal of the facility at the owner's expense. 3. Safety standards. All CMRS facilities shall conform to the requirements of the international building code, and national electrical code, as applicable. 4. Abandonment. CMRS facilities which are abandoned by nonuse, disconnection of power service, equipment removal or loss of lease for greater than six (6) months shall be removed by the CMRS facility owner. Should the owner fail to remove the facilities, the city may do so at its option, and the costs thereof shall be a charge against the owner and recovered by certification of the same to the county treasurer for collection as taxes in the manner provided by code section 2-93, or by any other means available under article x of chapter 26. 5. Third party review. a. CMRS providers use various methodologies and analysis tools, including geographically based computer software, to determine the specific technical parameters of CMRS facilities, such as expected coverage area, antenna configuration and topographic constraints that affect signal paths. In certain instances there may be a need for expert review by a third party of the technical data submitted by the CMRS provider. The city may require such a technical review to be paid for by the applicant for a CMRS facility. The selection of the third party expert may be by mutual agreement between the applicant and the city or at the discretion of the city, with a provision for the applicant and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to be a site-specific review of technical aspects of the CMRS facilities and not a subjective review of the site selection. The expert review of the technical submission shall address the following: i. The accuracy and completeness of the submission; ii. The applicability of analysis techniques and methodologies; iii. The validity of conclusions reached; CMRS Amendments September 26, 2016 Page 5 iv. Any specific technical issues designated by the city. b. Based on the results of the third party review, the city may require changes to the application for the CMRS facility that comply with the recommendation of the expert. 6. Signal interference. All CMRS facilities shall be designed and sited so as not to cause interference with the normal operation of radio, television, telephone and other telecommunication services utilized by adjacent properties; nor shall any such facilities interfere with any public safety telecommunications. The applicant shall provide a written statement from a qualified radio frequency engineer, certifying that a technical evaluation of existing and proposed facilities indicates no potential interference problems and shall allow the city to monitor interference levels with public safety communications during this process. Additionally, the applicant shall notify the city at least ten (10) calendar days prior to the introduction of new service or changes in existing service, and shall allow the city to monitor interference levels with public safety communications during the testing process. 7. All CMRS facilities are accessory uses to the structure upon which they are placed or to the primary use of the property on which they are constructed. No CMRS facility shall be located on a vacant lot devoid of any primary or main building. 8. Siting of CMRS facilities in residential areas. The city encourages the siting of CMRS facilities in nonresidential areas. a. The city prohibits freestanding CMRS facilities in the following zone districts: i. Residential -One (R-1), ii. Residential -One A (R-1 A), iii. Residential -One B (R-1 B), iv. Residential -One C (R-1 C), v. Residential -Two (R-2), vi. Residential -Two A (R -2A), vii. Residential -Three (R-3), viii. Residential -Three A (R -3A), ix. Agricultural -One (A-1), x. Agricultural -Two (A-2), and xi. Mixed Use -Neighborhood (MU -N) zone districts. b. The city prohibits all CMRS facilities on properties where the principal use is a single or two-family dwelling. c. Building, structure or roof -mounted CMRS facilities may be located on a property containing a nonresidential or multi -family use, regardless of underlying zoning. E. Standards for freestanding CMRS facilities. Freestanding CMRS facilities are subject to the following requirements and shall be evaluated as a special use. 1. Freestanding CMRS facilities shall be visually screened from adjacent residential development and public rights-of-way. CMRS Amendments September 26, 2016 Page 6 2. Freestanding CMRS facilities shall be permitted only as an accessory use, and are subject to accessory use setback development standards in the applicable zone district. 3. Freestanding CMRS facilities shall not exceed the permitted height for the principal use on the subject property. 4. Freestanding CMRS facilities shall not be permitted between the principal structure and the street. F. Standards for building or structure -mounted CMRS facilities. Building or structure - mounted CMRS facilities are subject to the following requirements and shall be evaluated as part of the community development department's review process. 1. Such facilities shall be architecturally compatible with and textured and colored to match the building or structure to which they are attached. 2. The antenna shall be mounted as flush to the wall as technically possible. The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two (2) feet. 3. Panel antennae shall not extend above the building wall or parapet to which they are mounted. 4. Whip antennae shall extend no more than ten (10) feet above the highest point of the building or structure to which they are attached. G. Standards for roof -mounted CMRS facilities. Roof -mounted CMRS facilities are subject to the following requirements and shall be evaluated as part of community development department's review process. 1. All roof -mounted CMRS facilities and accessory equipment shall be set back from the roof or parapet edge so that visibility from the street or adjacent residential properties is minimized to the greatest extent possible. 2. If roof -mounted equipment is visible from the street or adjacent residential properties, CMRS facilities and accessory equipment shall be screened by materials that are architecturally compatible with and colored to match the building or structure to which they are attached. 3. No roof -mounted facility, including antenna or accessory equipment, shall exceed twelve (12) feet in height, as measured from the roof deck. 4. Roof -mounted accessory equipment shall not be permitted on a sloped roof, unless it can be demonstrated that it is not visible from the street or adjacent residential areas. H. Standards for ground -mounted accessory equipment. Ground -mounted accessory equipment that is associated with a freestanding, roof -mounted or building - mounted CMRS facility are subject to the following requirements and shall be evaluated with the associated CMRS facility application. 1. Ground -mounted accessory equipment shall be subject to the accessory structure setback requirements in the underlying zone district. 2. Ground -mounted accessory equipment or buildings containing accessory equipment shall not exceed 12 feet in height. CMRS Amendments September 26, 2016 Page 7 3. Ground -mounted accessory equipment not fully enclosed in a building shall be fully screened from adjacent residential properties and public rights-of- way. 4. Buildings containing ground -mounted accessory equipment shall be architecturally compatible with the existing structures on the property and character of the neighborhood. Definitions. 1. Eligible telecommunications facilities request. Any request for modification of an existing tower or support structure that involves the colocation of new transmission equipment, the removal of transmission equipment or the replacement of transmission equipment. 2. Tower. Any freestanding structure designed and constructed primarily for the purpose of supporting one (1) or more Federal Communications Commission - licensed or authorized antennae, including self-supporting lattice towers, guy towers and monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and other similar structures. The term also includes any antenna or antenna array attached to the tower structure. 3. Substantially Change. A modification which substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria, including a single change or a series of changes over time whether made by a single owner or operator or different owners/operators over time, when viewed against the initial approval for the support structure. The following are considered substantial changes: a. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater; b. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; c. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four cabinets; or, for towers in the public rights- of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets CMRS Amendments September 26, 2016 Page 8 associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; d. It entails any excavation or deployment outside the current site or make the support structure more visible; e. It would defeat the concealment elements of the eligible support structure; or f. It does not comply with conditions associated with the original siting approval for the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs a through e of this definition. Section 2. The following definitions are hereby deleted from Section 26-123 and inserted within Section 26-615 under a new paragraph I: Building or structure -mounted commercial mobile radio service facility. A CMRS facility in which antenna are mounted to an existing structure (e.g., water tower, light pole, steeple, etc.) or building face. Commercial mobile radio service (CMRS) accessory building or cabinet. An unmanned building or cabinet used to house equipment associated with a CMRS facility. Commercial mobile radio service (CMRS) site. An unmanned facility consisting of equipment for the reception, switching and transmission of wireless telecommunications, including, but not limited to, personal communications service (PCS), enhanced specialized mobile radio (ESMR), paging, cellular telephone and similar technologies. Freestanding commercial mobile radio service (CMRS) facility. A CMRS facility that consists of a stand-alone support facility (monopole and/or lattice structure), antenna, associated equipment, accessory buildings and equipment cabinets. Roof -mounted commercial mobile radio service (CMRS) facility. A CMRS facility in which antenna are mounted on an existing building roof. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. MRS Amendments September 26, 2016 Page 9 INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 26th day of September, 2016, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for October 10, 2016 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2016. SIGNED by the Mayor on this day of Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form , 2016. Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us City of Wheat�jdge PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: September 15, 2016 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 26- 615 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING COMMERCIAL MOBILE RADIO SERVICE AND MAKING CONFORMING AMENDMENTS IN CONNECTION HEREWITH CASE NO. ZOA-16-04 ® PUBLIC HEARING Case Manager: Lisa Ritchie Date of Preparation: September 7, 2016 ® CODE CHANGE ORDINANCE SUMMARY: At the June 2, 2016 study session of the Planning Commission, staff discussed code amendments related to commercial mobile radio service (CMRS) regulations. This staff report summarizes proposed code amendments in response to Planning Commission and City Council preferences expressed during study sessions. Notice for this public hearing was provided by the Code of Laws. BACKGROUND: Identified during the March 2, 2015 City Council study session regarding proposed zoning code updates by the community development department are the City's Commercial Mobile Radio Service (CMRS) regulations, specifically Section 26-615. Commercial mobile radio service (CRMS) facilities. CMRS facilities are commonly known as cellular communications towers, antennas and related support equipment. Current city regulations are outdated and should be revised to respond to technology improvements, recently adopted Federal Communications Commission (FCC) rules, and to consider changes to the review and approval process for certain applications and associated development standards. City Council had a study session on the topic on November 23, 2015. Planning Commission had a study session more recently on June 2, 2016. The proposed ordinance was developed with the feedback received during these study sessions. STATEMENT OF THE ISSUES: The City's regulations currently contemplate three general categories of CMRS facilities; freestanding, roof -mounted, and building- or structure -mounted. The proposed ordinance includes updates to development standards, the review and approval process for applications, revisions related to recently adopted federal regulations, as well as other provisions commonly found in CMRS regulations but were not included in the City's current ordinance. Definitions The proposed ordinance includes both updated and new definitions, and proposes to locate all CMRS related definitions within this Section 26-615, rather than in Section 26-123. Purpose and Intent Currently, there is no Purpose and Intent section for the CRMS regulations. Draft language is provided below: The purpose and intent of this Section 26-615 is to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community. These regulations are necessary in order to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city. 2. Minimize adverse impacts of facilities through careful design, siting and screening standards. 3. Encourage and maximize colocation and the use of existing and approved towers, buildings, and other structures to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. 4. Provide specific regulations related to the review processes for CMRS facilities. 5. Align the review and approval process for CMRS facilities with the FCC and any other agency of the federal government with the authority to regulate CMRS facilities. Applicability The City's code currently does not include an applicability section. This type of section is commonly included and provides information regarding which types of facilities and applications the section regulates. Staff recommends that Section 26-615 should apply to all new CMRS facility applications, and that existing approved facilities shall continue to meet provisions related to safety standards, abandonment, and other FCC or other federal regulating authority requirements. Review and Approval Process As part of the Middle Class Tax Relief and Job Creation Act of 2012, Section 6409(a), the "Spectrum Act", required changes to local governments' CMRS review and approval procedures. The ruling went into effect in April of 2015, and requires all local governments to approve all applications within 60 days for any request for modification to an existing facility that does not substantially change, as defined by the FCC, the facility. The application may be for upgrading or swapping existing equipment, or for adding additional equipment. The approval timeline that the City must meet under this regulation may not be possible as applications are currently processed. The proposed ordinance includes language that is consistent with the ruling and should result in ZOA-16-04 / CMRS Regulations compliance with required review and approval processes and timelines. In addition, due to higher development standards, staff proposes allowing additional facility types to be processed through a building permit, rather than a Special Use Permit. The following table illustrates the review and approval process for each facility type. CMRS Facility Type Review and Approval Process Freestanding, New Special Use Permit Freestanding, New, approved Planned Must be shown on ODP, or an amended ODP, see Development zone district Sec. 26-308. May be reviewed through a special use permit at the sole discretion of the Community Development Director Freestanding, colocation with or without a Building Permit substantial change Building or structure -mounted, new or Building Permit colocation with or without a substantial than e Roof -mounted, new or colocation with or Building Permit without a substantial change Standards for all CMRS Facilities The code currently includes two provisions for development standards related to all facilities; that no facility shall exceed the height limit applicable in the underlying zone district; and a regulation regarding what constitutes abandonment of a facility. Staff recommends the establishment of the following additional development standards related to all facilities: • Colocation: Staff recommends including language encouraging, and in some cases, requiring colocation on existing facilities as an effort to minimize adverse impacts associated with the proliferation of towers. This is typical language when surveying neighboring jurisdictions. The new regulation will require applicants to demonstrate that no existing facility can accommodate their needs, that no existing facility owner shall unreasonably exclude a telecommunication competitor from sharing facilities, and that new facilities shall be constructed in a manner that additional equipment can be colocated in the future. • Federal Requirements: Staff recommends including provisions that all facilities shall meet current standards and regulations of the FCC, the FAA, and any other agency of the federal government with authority to regulate CMRS facilities. • Safety Standards: Staff recommends including language requiring all facilities to conform to the requirements of the International Building Code, or National Electrical Code, as applicable. • Residential Uses: Staff recommends including clarifying language regarding CMRS facilities in residential areas. The following is proposed: o The city prohibits freestanding CMRS facilities in all residential districts. o The city prohibits all CMRS facilities on properties where the principal use is a 3 ZOA-16-04 / CMRS Regulations single or two-family dwelling. o Building, structure or roof -mounted CMRS facilities may be located on a property containing a nonresidential or multi -family use. FreestandinL, CMRS Facilitv Development Standards Development Standard Current Standard Proposed Standard Necessary when adjacent Necessary when adjacent Screening; Base residential development and residential development and Screening public ROW public ROW match the building or structure Consistent with Accessory Uses Setbacks __ in the underlying zone district Not to exceed maximum height Not to exceed permitted height Height in underlying zone district fora principal use Shall not be permitted between Location on Property -- the principal structure and the No more than 10 feet above the street Roof -Mounted CMRS Facilitv Development Standards Development Standards Current Standard Proposed Standard Shall be screened by materials Shall be screened by materials that are architecturally that are architecturally Screening compatible with and colored to compatible with and colored to match the building or structure match the building or structure to which it is mounted to which it is mounted Shall be setback to the greatest Setback from roof edge __ extent possible so that it is not visible from the street or adjacent residential property No more than 10 feet above the parapet of any flat roof or ridge No more than 12 feet, as Height — Whip Antenna of a sloped roof to which they measured from the roof deck are attached No more than 7 feet above any No more than 12 feet, as Height — Panel Antenna parapet of a flat roof, not measured from the roof deck permitted on a sloped roof No more than 7 feet above any No more than 12 feet, as Height — Accessory parapet of a flat roof, not measured from the roof deck, Equipment permitted on a sloped roof not permitted on a sloped roof ZOA-16-04 / CMRS Regulations Buildin - or Structure -Mounted CMRS Facility Development Standards Development Standards Current Standard Proposed Standard Setbacks Shall be architecturally Shall be architecturally Screening; Color and compatible with and textured compatible with and textured Texture and colored to match the and colored to match the building or structure to which building or structure to which Screening -Equipment they are attached they are attached lines Shall be mounted as flush as Mounting Not to exceed 2 feet from face possible, not to exceed 2 feet Compatibility - Buildings existing character of the site from face No more than10 feet above the No more than 10 feet above the Height — Whip Antenna highest point of the building or highest point of the building or structure to which they are structure to which they are attached attached Shall not extend above the Height — Panel Antenna -- building wall or parapet to which they are attached In addition to the above, staff recommends the consideration of an additional category of development standards related to accessory equipment that is placed on the ground or within a separate building on the site. Depending on the facility, it is possible that any of the above facilities could require separate accessory equipment and, in staff's opinion, development standards related to these accessory equipment units or buildings housing accessory equipment should be crafted independent of the categories above. The current code addresses some accessory equipment structure development standards in their associated category. As such, staff recommends the following: Ground -Mounted CMRS Facility Accessory Equipment Development Standards Development Standards Current Standard Proposed Standard Setbacks __ Consistent with Accessory Uses in the underlying zone district Height -- Shall not exceed 12 feet Shall be totally screened from Equipment not contained in a Screening -Equipment view from adjacent property building shall be fully screened from adjacent residential lines properties and public ROW Shall be compatible with the Shall be architecturally Compatibility - Buildings existing character of the site compatible with existing structures on the property and and adjacent properties character of the neighborhood ZOA-16-04 / CMRS Regulations RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance repealing and reenacting section 26-615 of the Wheat Ridge Code of Laws concerning commercial mobile radio service and making conforming amendments in connection herewith." Exhibits: 1. Proposed Ordinance ZOA-16-04 / CMRS Regulations lu N V V V O Ira v a� E E V CD C W 2 U .O O .cn .E E U .c O c0 Q O 0 z cn co > _ O 0 Ca -1--+ UMEMO O Q ' E O O(D N 4� U N to C/) C13 � O N � -0 0 ^0 W 0) W C: O co `r O � O H W U) 0 E 00 (1 LO N �— :4--J U O co H N N .� U U) > `'— 4-jcc J c6 �= `o O O O Q� N > COc0 �•+ o O E Q U U %4-� r 0- >' •� (DLM U M U O O •co c6 Q _0U U � C/)4-jO c� > E c WD CoD co > U OC cn V o JQ 4--1 X.� O U LL+r O O = CD o V (n •O I .� co4-1 co C U L a o y °._D c� � c 4) (D c m m • to c = c •- m N (D a c O Q > • a� CD a a. a� p O H Q ' a y N o o > > c -v •� co ca L V O 0 a z cn cn o E Q • v .= 4 L1 O O O ., co „_ _ • O � � � N � O p � •p cn • __ V V y y C CIO OC ti cn It Q. V C6 V Z L, ,�, -`,11,.1 Lt • 1 Lt Ll Fill L1 o L t .. alt.. \ -- •� � Dl. z..- - L t X11. z - .. a �. c a z • 0 3 U 0 0 1 1 0 0 Q� N U � � y-- U N N CO CO C:c CT C: U 4-a +� U O f•.. ' Ar AV IL' ,41 O � i o � a Q� N U � � y-- U N N CO CO C:c CT C: U 4-a +� U O f•.. ' Ar AV IL' ,41 U O (/i�cn 4- J _ O U U Q > Q O CO m N -0 C CO Cc Q 4--+ N : co D Oco U � aX co � O C)) IZ- C: o .— OO � -� co c 70 N •— 7C) U •- .(3)co � U C U E 4) Nocn CO O cn O c co co0 �' CO -C •� 4" tf) O cn O, U Q v (n +-jE C:a� V QujZ U 4)07 �D Q = W -0 Q City of W heat I�i�ge COMMUNITY DEVELOPMENT Memorandum TO: Mayor and City Council FROM: Lisa Ritchie, Planner II THROUGH: Kenneth Johnstone, Community Development Director DATE: June 2, 2016 study session SUBJECT: Commercial Mobile Radio Service (CMRS) Regulations ISSUE: Identified during the March 2, 2015 City Council study session regarding proposed zoning code updates by the community development department is the City's Commercial Mobile Radio Service (CMRS) regulations, specifically Section 26-615. Commercial mobile radio service (CRMS) facilities. CMRS facilities are commonly known as cellular communications towers, antennas and related support equipment. Current city regulations are outdated and should be revised to respond to technology improvements, recently adopted Federal Communications Commission (FCC) rules, and to consider changes to the review and approval process for certain applications and associated development standards. PRIOR ACTIONS: The current regulations were last updated in a substantial manner in 1996 following the passage of the Telecommunications Act of 1996. Minor reference terminology updates have occurred since that time. FINANCIAL IMPACT: No direct impact. BACKGROUND: The City's code currently contemplates three general categories of CMRS facilities. These categories are typical when comparing other neighboring jurisdictions and changes are not proposed to include additional categories. The three categories are building or structure -mounted, roof -mounted and freestanding CMRS facilities. The following local examples are provided below: Building or Structure -Mounted CMRS Facilities: Roof -Mounted CMRS Facilities: Office Building at 7760 W. 38`h Avenue. Multiple roof -mounted panel antennas are placed in the center of the roof. This is an example of roof -mounted equipment with no screening, which staff recommends not permitting without screening. Freestanding CMRS Facilities: Freestanding Facility at City Hall Multiple antenna are mounted on a lattice tower, with accompanying accessory equipment located on the ground behind masonry wall screening. Overviews of the areas proposed to be amended are covered in this section. More 4 detailed discussions are included in the recommendations section below. FCC Regulations As part of the Middle Class Tax Relief and Job Creation Act of 2012, Section 6409(a), the "Spectrum Act", required changes to local governments' CMRS review and approval procedures. The ruling went into effect in April of 2015, and requires all local governments to approve all applications within 60 days for any request for modification to an existing facility that does not substantially change, as defined by the FCC, the facility. The application may be for upgrading or swapping existing equipment, or for adding additional equipment. The approval timeline that the City must meet under this regulation may not be possible as applications are currently processed under the code and staff suggests that an examination of both the regulations and processes should be undertaken to ensure the City can comply. Staff conducted an evaluation of regional codes that have been updated in response to the FCC ruling, and in conjunction with the City Attorney, are proposing an approach that should ensure compliance and will provide adequate guidance for staff when administering review of CMRS requests. Development Standards The code, as currently written, provides some development standards for CMRS facilities. However, in staff's opinion, there are areas in which the code is silent with respect to certain standards and zone districts for which additional guidance is desired. Additionally, staff suggests revising other development standards in response to updated technology or in response to the ability of applicants to minimize visual impacts in manners not contemplated when the current regulations were put in place in 1996. Review and Approval Process In addition to the need to update the review and approval processes to align with the FCC ruling, staff suggests an examination of the review and approval process for all applications. Should development standards be broadened and refined, staff suggests permitting additional application types to be reviewed and approved administratively. This approach is proposed to encourage or incentivize well-designed facilities. RECOMMENDATIONS: A complete repeal and reenact of Section 26-615 is recommended by staff. At this time, staff is not recommending a general public outreach effort beyond the required public notices for a public hearing to consider adoption of a new ordinance. However, they will forward any proposed ordinance to contacts in the industry, requesting comments and feedback to ensure any proposed changes are compatible with industry standards. An overview of staff's recommendations for the proposed components of the city's CMRS regulations is provided below: Purpose and Intent Currently, there is no Purpose and Intent section for the CRMS regulations. Draft language is provided below: The purpose and intent of this Section 26-615 is to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community. These regulations are necessary in order to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city. 2. Minimize adverse impacts of facilities through careful design, siting and screening standards. 3. Encourage and maximize colocation and the use of existing and approved towers, buildings, and other structures to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. 4. Provide specific regulations related to the review processes for CMRS facilities. 5. Align the review and approval process for CMRS facilities with the FCC and any other agency of the federal government with the authority to regulate CMRS facilities. Applicability The City's code currently does not include an applicability section. This type of section is commonly included and provides information regarding which types of facilities and applications the section regulates. Staff recommends that Section 26-615 should apply to all new CMRS facility applications, and that existing approved facilities shall continue to meet provisions related to safety standards, abandonment, and other FCC or other federal regulating authority requirements. Review and Approval Process Under the current City code, the review and approval process for facilities is prescribed. Staff recommends the consideration of the following: Application Type Current Procedure Proposed Procedure Building or Structure -Mounted CMRS Building Permit Building Permit Facility Roof -Mounted CMRS Facility Special Use Permit Building Permit Freestanding CMRS Facility — Special Use Permit Special Use Permit Straight Zone District Amendment to ODP, Amendment to ODP, unless identified on ODP, Freestanding CMRS Facility — unless identified on unless CDD determines Planned Development Zone District ODP facility is compatible, then Special Use Permit Colocation or Modification on an Per Facility Type Existing Facility — Procedure Above Building Permit Substantial Change Colocation or Modification on an Existing Facility — Not included Building Permit Not a Substantial Change Development Standards The code currently includes some development standards for CMRS facilities. The standards in place are generally appropriate, however staff recommends additional n provisions that are common in other jurisdictions and would provide additional measures for mitigation of potential impacts and visual considerations. The code currently includes two provisions for development standards related to all facilities; that no facility shall exceed the height limit applicable in the underlying zone district; and a regulation regarding what constitutes abandonment of a facility. Staff recommends the establishment of the following additional development standards related to all facilities: Colocation: Staff recommends including language encouraging, and in some cases, requiring colocation on existing facilities as an effort to minimize adverse impacts associated with the proliferation of towers. This is typical language when surveying neighboring jurisdictions. The new regulation will require applicants to demonstrate that no existing facility can accommodate their needs, that no existing facility owner shall unreasonably exclude a telecommunication competitor from sharing facilities, and that new facilities shall be constructed in a manner that additional equipment can be colocated in the future. • Federal Requirements: Staff recommends including provisions that all facilities shall meet current standards and regulations of the FCC, the FAA, and any other agency of the federal government with authority to regulate CMRS facilities. • Safety Standards: Staff recommends including language requiring all facilities to conform to the requirements of the International Building Code, or National Electrical Code, as applicable. • Residential Uses: Staff recommends including clarifying language regarding CMRS facilities in residential areas. The following is proposed: o The city prohibits freestanding CMRS facilities in all residential districts. o The city prohibits all CMRS facilities on properties where the principal use is a single or two-family dwelling. o Building, structure or roof -mounted CMRS facilities may be located on a property containing a nonresidential or multi -family use. In addition to the above standards for all CMRS facilities, staff recommends consideration of the following development standards for each facility type: Freestanding CMRS Facility Development Standards Development Standards Current Standard Proposed Standard Necessary when adjacent Necessary when adjacent Screening; Base residential development and residential development and ublic ROW public ROW Setbacks __ Consistent with Accessory Uses in the underlying zone district Not to exceed maximum Not to exceed permitted height Height height in underlying zone for a principal use district Shall not be permitted between Location on Property -- the principal structure and the street 7 Roof -Mounted CMRS Facilitv Development Standards Development Standards Current Standard Proposed Standard Shall be screened by materials Shall be screened by materials Screening; Color and that are architecturally that are architecturally Screening compatible with and colored to compatible with and colored to Texture match the building or structure match the building or structure to which it is mounted to which it is mounted Shall be setback to the greatest Setback from roof edge __ extent possible so that it is not visible from the street or No more than 10 feet above adjacent residential property Height — Whip Antenna No more than 10 feet above highest point of the building or the parapet of any flat roof or No more than 12 feet, as Height — Whip Antenna ridge of a sloped roof to which measured from the roof deck they are attached Shall not extend above the Height — Panel Antenna No more than 7 feet above any No more than 12 feet, as Height — Panel Antenna parapet of a flat roof, not measured from the roof deck permitted on a sloped roof Height — Accessory No more than 7 feet above any No more than 12 feet, as Equipment parapet of a flat roof, not measured from the roof deck, permitted on a sloped roof not permitted on a sloped roof Building or Structure -Mounted CMRS Facilitv Development Standards Development Standards Current Standard Proposed Standard Shall be architecturally Shall be architecturally Screening; Color and compatible with and textured compatible with and textured and colored to match the and colored to match the Texture building or structure to which building or structure to which they are attached they are attached Shall be mounted as flush as Mounting Not to exceed 2 feet from face possible, not to exceed 2 feet from face No more than 10 feet above No more than 10 feet above the Height — Whip Antenna the highest point of the highest point of the building or building or structure to which structure to which they are they are attached attached Shall not extend above the Height — Panel Antenna -- building wall or parapet to which they are attached In addition to the above, staff recommends the consideration of an additional category of development standards related to accessory equipment that is placed on the ground or within a separate building on the site. Depending on the facility, it is possible that any of the above facilities could require separate accessory equipment and, in staff's opinion, development standards related to these accessory equipment units or buildings housing accessory equipment should be crafted independent of the categories above. The current code addresses some accessory equipment structure development standards in their associated category. As such, staff recommends the following: Ground -Mounted CMRS Facility Accessory Epuinment Development Standards Development Standards Current Standard Proposed Standard Setbacks -- Consistent with Accessory Uses in the underlying zone district Height -- Shall not exceed 12 feet Shall be totally screened from Equipment not contained in a Screening -Equipment view from adjacent property building shall be fully screened lines from adjacent residential properties and public ROW Shall be compatible with the Shall be architecturally Compatibility - Buildings existing character of the site compatible with existing structures on the property and and adjacent properties character of the neighborhood ATTACHMENTS: None Z V c as :a 0 2 E E V 0 .cn Cn cn 0 .cn cn E U 0) .c CL 0 N C zz w 0 o o U� Q &UO i�� fm 7.�� _ n 4-4 O t6 O MEMO Q .O TL •Oco �I +�V - C- CU � U N � •vi Cn 4-+ Cc O O � Ma N 0') •� LO C N Z •U co CN N U N cn 0 •� � 4--J ca v= O 0) O o a .� C N �■+ 0 < o E Q .� U U CU MEMO 0)♦i >, o CID co 7C) cc co co V W 0 c VLLIna)� +., � o� -� .+w O O = ~ v 4-aU w -0cn c0i�� co O C + U C: cu O U 0) co O- 0 v U 0- (1) Q U Cl z OC co ca u- Q • +�+ a••' E ' L (D i aE -• m o a o a • 00 a a C m co Dc m • • to m c CD E c E • aD ¢ -v °: •- CD y asaD 4-0 o O > a a. p� HQ ao > cn > c' a� '— _ .__ cc cccc LL _ •— •— E � cn a� a E Q aD co _ O V O • CO m OC Li C5 LL 1 -44 Ll 0 0 0 4 0 U N ca co N N co co N r - N E Q N O cn U U Q • Q) x X N N co � N 0)J o� U U � 00 14 o S. CL U co � o O0 (n o�Lm CL � cn O • ;- Cf) Q • U N ca co N N co co N r - N E Q N O cn U U Q • 14 S. i • ;- ` `i 9 • i F f� • of w • wr�r i 0 •� r . °� % t'e L y CL mt��2 a � O O Q) N Q > C O co m Q) -0 C CO co a--+ N � � O � C,,) X Co CO > U O N 4--0 C:O •- ._ ° n co cn U U .� -� Z3 N •C:co co co X c: � � U O 0 � U 0 J caCO cin to 0 cn U U •— Z U 07 Q 6aZ"--UVXI a City of WheatR CiIMMUNITY DEVELOPMENT Memorandum TO: Mayor and City Council FROM: Kenneth Johnstone, Community Development Director Lisa Ritchie, Planner 11 IJ I THROUGH: Patrick Goff, City Manager DATE: November 16, 2015 (for November 23 study session) SUBJECT: Commercial Mobile Radio Service (CMRS) Regulations ISSUE: Section 26-615 of the Wheat Ridge Code of Laws, concerning commercial mobile radio service (CRMS) facilities, has been identified for proposed zoning code updates by the community development department. CMRS facilities are commonly known as cellular communications towers, antennas and related support equipment. Current City regulations are outdated and should be revised to respond to technology improvements, recently adopted Federal Communications Commission (FCC) rules, and to consider changes to the review and approval process for certain applications and associated development standards. PRIOR ACTIONS: The current regulations were last updated in a substantial manner in 1996 following the passage of the Telecommunications Act of 1996. Minor reference tenninology updates have occurred since that time. FINANCIAL IMPACT: No direct impact BACKGROUND: The City's code currently contemplates three general categories of CMRS facilities. These categories are typical when comparing neighboring jurisdictions, and changes are not proposed to include additional categories. The three categories are building or structure -mounted, roof - mounted and freestanding CMRS facilities. The following local examples are provided on the next page: Study Session - CMRS Facilities November 23, 2015 Page 2 Building or Structure -Mounted CMRS Facilities: Study Session — CMRS Facilities November 23, 2015 Page 3 Roof -Mounted CMRS Facilities: Study Session — CMRS Facilities November 23, 2015 Page 4 Freestanding (AIRS Facilities: Study Session — CMRS Facilities November 23, 2015 Page 5 Freestanding facility at City Hall - Multiple antenna are mounted on a lattice tower, with accompanying accessory equipment located on the ground behind masonry wall screening. Overviews of the areas proposed to be amended are covered in this section. More detailed discussions are included in the recommendations section below. FCC Regulations As part of the Middle Class Tax Relief and Job Creation Act of 2012, Section 6409(a), the "Spectrum Act", required changes to local governments' CMRS review and approval procedures. The ruling went into effect in April of this year, and requires all local governments to approve all applications within 60 days for any request for modification to an existing facility that does not substantially change, as defined by the FCC, the facility. The application may be for upgrading or swapping existing equipment, or for adding additional equipment. The approval timeline that the City must meet under this regulation may not be possible as applications are currently processed under the code and staff suggests that an examination of both the regulations and processes should be undertaken to ensure the City can comply. Staff conducted an evaluation of regional codes that have been updated in response to the FCC ruling, and in conjunction with the City Attorney, and are proposing an approach that should ensure compliance and will likely provide adequate guidance for staff when administering review of CMRS requests. Development Standards The code, as currently written, provides some development standards for CMRS facilities. However, in staff s opinion, there are areas in which the code is silent with respect to certain standards and zone districts for which additional guidance is desired. Additionally, staff suggests revising other development standards in response to updated technology or in response 5 Study Session — CMRS Facilities November 23, 2015 Page 6 to the ability of applicants to minimize visual impacts in manners not contemplated when the current regntlations were put in place in 1996. Review and Approval Process In addition to the need to update the review and approval processes to align with the FCC ruling, staff suggests an examination of the review and approval process for all applications. Should development standards be broadened and refined, staff suggests permitting additional application types to be reviewed and approved administratively. This approach is proposed to encourage or incentivize well-designed facilities. RECOMMENDATIONS: A complete repeal and reenact of Section 26-615 is recommended by staff. At this time, staff is not recommending a general public outreach effort beyond the required public notices for a public hearing to consider adoption of a new ordinance. However, staff will forward any proposed ordinance to contacts in the industry, requesting comments and feedback to ensure any proposed changes are compatible with industry standards. An overview of staff's recommendations for the proposed components of the City's CMRS regulations is provided below: Purpose and Intent Currently, there is no purpose and intent section for the CRMS regulations. Draft language is provided below: The purpose and intent of this Section 26-615 is to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community. These regulations are necessary in order to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the City. 2. To minimize adverse impacts of facilities through careful design, siting and screening standards. 3. Encourage and maximize colocation and the use of existing and approved towers, buildings, and other structures to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to ser=e the community. 4. To provide specific regulations related to the review processes for CMRS facilities. 5. To align the review and approval process for CMRS facilities with the FCC and any other agency of the federal government with the authority to regulate CMRS facilities. Definitions The City's code currently includes definitions associated with CMRS facilities. At this time, staff is proposing minor changes to the existing definitions, and the inclusion of new definitions related to the FCC ruling. Staff` recommends the following new definitions: • "Eligible facilities request" to define which facilities and applications shall fall under the FCC ruling • "Substantially change" to provide the parameters of permitted change to an existing facility to determine if that facility is eligible to be approved under the FCC ruling 6 Study Session — CMRS Facilities November 23, 2015 Page 7 Applicability The City's code currently does not include an applicability section. This type of section is commonly included and provides information regarding which types of facilities and applications the section regulates. Staff recommends that Section 26-615 should apply to all new CMRS facility applications, and that existing approved facilities shall continue to meet provisions related to safety standards, abandonment, and other FCC or federal regulating authority requirements. Review and Approval Process Under the current City code, the review and approval process for facilities is prescribed. Staff recommends the consideration of the following: Application Type � Current Proposed Procedure Procedure Building or Structure -Mounted CMRS Building Permit Building Permit Facility Roof -Mounted CMRS Facility Special Use Permit Building Permit Freestanding CMRS Facility — Straight Special Use Permit Special Use Permit Zone District Amendment to Amendment to ODP, unless identified Freestanding CMRS Facility — Planned ODP, unless on ODP, unless CDD determines Development Zone District identified on ODP facility is compatible, then Special Use Permit Colocation or Modification on an Existing Per Facility Type Building Permit Facility — Substantial Chane Procedure Above Eligible Facilities Request — Not a Not included Building Permit Substantial Change Development Standards The code currently includes some development standards for CMRS facilities. The standards in place are generally appropriate, however staff recommends additional provisions that are common in other jurisdictions and would provide additional measures for mitigation of potential impacts and visual considerations. The code currently includes two provisions for development standards related to all facilities; that no facility shall exceed the height limit applicable in the underlying zone district; and a regulation regarding what constitutes abandonment of a facility. Staff recommends the establishment of the following additional development standards related to all facilities: • Colocation: Staff recommends including language encouraging, and in some cases, requiring colocation on existing facilities as an effort to minimize adverse impacts associated with the proliferation of towers. This is typical language when surveying neighboring jurisdictions. The new regulation will require applicants to demonstrate that no existing facility can accommodate their needs, that no existing facility owner shall unreasonably exclude a telecommunication competitor from sharing facilities, and that new facilities shall be constructed in a manner that additional equipment can be collocated in the future. 7 Study Session - CMRS Facilities November 23, 2015 Page 8 • Federal Requirements: Staff recommends including provisions that all facilities shall meet current standards and regulations of the FCC, the FAA, and any other agency of the federal government with authority to regulate CMRS facilities. • Safely Standards: Staff recommends including language requiring all facilities to conform to the requirements of the International Building Code, or National Electrical Code, as applicable. • Residential Uses: Staff recommends including clarifying language regarding CMRS facilities in residential areas. The following is proposed: a The City prohibits freestanding CMRS facilities in all residential districts. o The City prohibits all CMRS facilities on properties where the principal use is a single or two-family dwelling. o Building. structure or roof -mounted CMRS facilities may be located on a property containing a nonresidential or multi -family use. in addition to the above standards for all CMRS facilities. staff recommends consideration of the following development standards for each facility type: Freestanding CMRS Facility Development Standards Development Standards Current Standard Proposed Standard Necessary when adjacent Necessary when adjacent Screening; Base residential development and residential development and public ROW public ROW Consistent with Accessory Uses Setbacks __ in the underlying zone district Not to exceed maximum Not to exceed pennined height Height height in underlying zone for a principal use district Shall not be permitted betwecn Location on Propert% -- the principal structure and the street Study Session — CMRS Facilities November 23, 2015 Page 9 Roof -Mounted CMRS Facility Development Standards Development Standards Current Standard Proposed Standard Shall be screened by materials Shall be screened by materials Screening; Color and that are architecturally that are architecturally Screening; compatible with and colored to compatible with and colored to match the building or structure match the building or structure to which it is mounted to which it is mounted Shall be setback to the greatest Setback from roof edge Not to exceed 2 feet from face extent possible so that it is not visible from the street or No more than 10 feet above adjacent residential property Height — Whip Antenna No more than 10 feet above highest point of the building or Height — Whip Antenna the parapet of any flat roof or No more than 12 feet. as ridge of a sloped roof to which measured from the roof deck they arc attached Shall not extend above the Height — Panel Antenna No more than 7 feet above any No more than 12 feet, as Height — Panel Antenna parapet of a flat roof, not measured from the roof deck permitted on a sloped roof Height — Accessory No more than 7 feet above any No more than 12 feet, as Equipment parapet of a flat roof, not measured from the roof deck, permitted on a sloped roof not permitted on a sloped roof' Building or Structure -Mounted CMRS Facility Development Standards Development Standards Current Standard Proposed Standard Shall be architecturally Shall be architecturally Screening; Color and compatible with and textured compatible with and textured Texture and colored to match the and colored to [Hatch the building or structure to which building or structure to which they are attached they are attached Shall be mounted as flush as Mounting Not to exceed 2 feet from face possible, not to exceed 2 feet from face No more than 10 feet above No more than 10 feet above the Height — Whip Antenna the highest point of the highest point of the building or building or structure to which structure to which they are they are attached attached Shall not extend above the Height — Panel Antenna -- building wall or parapet to which they are attached Study Session — CMRS Facilities November 23, 2015 Page 10 In addition to the above, staff recommends the consideration of an additional category of development standards related to accessory equipment that is placed on the ground or within a separate building on the site. Depending on the facility, it is possible that any of the above facilities could require separate accessory equipment and, in staffs opinion, development standards related to these accessory equipment units or buildings housing accessory equipment should be crafted independent of the categories above. The current code addresses some accessory equipment structure development standards in their associated category. As such. staff recommends the following: Ground -Mounted CMRS IFacflih• Accessory Equipment Development Standards Development Standards Current Standard Proposed Standard Consistent with Accessory Uses in the setbacks underlying zone district Might -- Shall not exceed 12 feet Shall be totally screened from Equipment not contained in a building Screening - !?quipment view from adjacent property shall be fully screened from adjacent lines residential properties and public ROW Shall be compatible with the Shall be architecturally compatible Compatibility - Buildings existing character of the site with existing structures on the property and adjacent properties and character of the neighborhood 10