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Planning Commission MINS 09-06-2017CITY OF FEDERAL WAY PLANNING COMMISSION September 6, 2017 City Hall 6:30 p.m. City Council Chambers MEETING MINUTES Commissioners present: Lawson Bronson, Hope Elder, Wayne Carlson, Diana Noble-Gulliford, Tim O'Neil, Dawn Meader McCausland, Anthony Murrietta and Dale Couture. Commissioners absent: Tom Medhurst (ex). City Staff present: Planning Manager Robert "Doc" Hansen, Senior Planner David Van De Weghe, Deputy City Attorney Mark Orthmann, and Administrative Assistant Tina Piety; Guest: W. Scott Snyder, Special Council, Ogden Murphy Wallace Attorneys. CALL TO ORDER Chair Bronson called the meeting to order at 6:30 P.M. APPROVAL OF MINUTES The minutes of August 2, 2017, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Moved to the end of Commission Business. COMMISSION BUSINESS Study Session — Personal Wireless Service Facilities in the Right -of -Way Deputy City Attorney Orthmann introduced Scott Snyder, Special Council, with Ogden Murphy Wallace Attorneys, who will give the presentation. He is here to give an update. He commented that he has contacted wireless providers and others, asking where they expect to locate small cells in the near future. One area of emphasis is the corridor between Tacoma and Seattle. In order to prepare for this, he suggests the next step for the city is to consider revisions to its franchising and right-of-way ordinances, as well as revisions to the zoning code regarding definitions and personal wireless service facilities. He stated there is a sense of urgency because our area is one of the first areas likely to see deployment. Federal law requires that if the city receives an application for permit for a small cell, we only have 60 to 90 days to issue the permit. If it is not dealt with in that time, the permit will be deemed approved. If the city doesn't have regulations in place, we could find ourselves with small cells we are not happy with. While the KAPIanning Commission\2016Weeting Summary 09-06-17.doc Planning Commission Minutes Page 2 September 6, 2017 GMA excludes right-of-way permits in general from land use regulations (regulations for items in the right-of-way are dealt with through a franchise by the City Council), there are some land use regulations the city can put into place, such as design standards. These standards can deal with such issues as areas of the city that need to be protected (such as where utilities are undergrounded [where utility poles are not available for use], critical areas, and shorelines) and concealment strategies. Mr. Snyder suggested the city develop a process that the providers must show that the installation is needed. The plan at this time is to get a basic framework of regulations in place to guide the deployment of small cells. The majority of the regulations will be under a franchise. Commissioner O'Neil asked what leeway does the city have to dictate where small cells will be located. Mr. Snyder replied that state law requires the city to accommodate small cells in some way and the city cannot discriminate against them (meaning is Verizon requests to locate a small cell on one street and T - Mobile wants to have one on the same street, the city must either allow or deny both). Mr. Snyner stated that the city does have some regulatory power through a franchise and through the zoning code with design standards. Commissioner O'Neil inquired if a property owner could offer the use of their roof for a small cell and if so, can the city regulate it? Mr. Snyder responded that first, anything on private property is regulated by the zoning code. Second, a property owner could offer the use of their roof, but it is unlikely to work because the technology needs a 360 degree and direct line -of -sight view. Commissioner O'Neil asked if the city could receive rent for the small cells. Mr. Snyder replied that in the city could charge rent in certain circumstances, such as for ground -mounted equipment (poles are not owned by the city). Commissioner Carlson would like the requlations to concentrate less on concealment and more on the type of pole used; concealment can end up very bizarre. Mr. Snyder suggested that the city consider requiring a pre-approvded design so staff can see exactly what the small cell will look like. It will be a challenge to design small cells for areas where utilities are undergrounded. For concealment, the city needs to ask how will it blend into the community? Mr. Snyder knows of instances where small cells have been concealed in trash cans where the top is for trash and the bottom has the equipment; the same for benches. Commissioner Meader McCausland asked, since small cells require direct line -of -sight, must the sight - line be clear of intrusions, such as trees? Mr. Snyder stated that tree leaves can reduce the distance microwave signals can be transmitted. Small cells can be placed above the trees, or closer together. He went on to say they don't necessary have to be placed on a pole. For example, small cells could be located on the cables for an intersection light. Commissioner Meader McCausland inquired if multiple cells can be placed on one pole. Mr. Snyder replied that up to three antennas can be accommodated. Small cells cannot collocate, but a provider may want more than one antenna because they use more than one frequency. He noted the size of the antenna depends on the frequency used. Alternate Commissioner Couture expressed his concern that this could lead to unsightly streets due to the number of poles for small cells. Mr. Snyder stated that is a possibility. Having design standards in place should help. Chair Bronson commented that since the subject is proceeding, he assumes there are no health issues with the small cells. Mr. Snyder commented that the federal government has determined that they can be used. Each facility will be checked for any issues and the city will receive the certification. The microwaves are high, so people should not come into their line -of -sight. In addition, the city should have a cut-off clause in case an issue does arise. Chair Bronson asked if they anticipate any concerns with interference. Mr. Snyder replied that is regulated by the federal government and is one of the reasons providers use a number of different frequencies. Providers are required to insure noninterferance with first responder networks. Commissioner Noble-Gulliford asked if the small cells will be accessible by law enforcement. Mr. Snyder responded that they should be accessible with the appropriate warrant. KAPIanning Commission\2016Weeting Summary 09-06-17.doc Planning Commission Minutes Page 3 September 6, 2017 Commissioner Carlson asked what is the schedule for this subject. Deputy City Attorney Orthmann replied that the subject first needs to go to the City Council for the franchise. He expects it will come back to the Planning Commission in two to four months. ADMINISTRATIVE REPORT Planning Manager Hansen handed out information on the upcoming Planning Short Course. It will be held during the American Planning Association's Washington State Conference and would be a good opportunity to network with commissioners and planners from other jurisdictions. The next meeting will be September 20t1i and there will be two public hearings that evening. One on code amendments and the second on a comprehensive plan amendment to change the Capital Improvements Plan table. The City Council approved a moratorium on self -storage facilities for one year. The city has received a large number of requests for self -storage facilities and the time will be used to research why so many want to locate here, whether they fit well in the zones they are allowed, and how they are handled by other jurisdictions. A public hearing on the moratorium will be held by the City Council on October 17t" ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 7:35 P.M. KAPlanning Commission\2016Weeting Summary 09-06-17.doc