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CITY COMMISSION AGENDA ITEM |
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Department: |
City Attorney |
Commission Meeting Date: October 4, 2016 |
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Staff Contact: |
Randy Larkin |
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Recommendations/Options/Action Requested: |
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Staff requests the City Commission to adopt on first reading, Ordinance No. 9296, pertaining to Wireless Facilities, which Ordinance will bring the City into compliance, both with new state law and federal regulations. |
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Executive Summary: |
In 2016, the Kansas legislature enacted Senate Bill No. 2131, which, among other things, limits what cities can do regarding the regulation of Wireless Facilities and Wireless Support Structures. Senate Bill No. 2131 will become law in October, 2016. On August 16, 2016, the Governing Body directed staff to prepare a text amendment to comply with the new law. Accordingly, staff drafted a proposed text amendment to the Land Development Code (TA-16-00335) (1) to capture those changes to the regulatory landscape and (2) to make other needed changes to existing standards. On September 26, 2016, by a 9-0 vote, the Lawrence-Douglas County Metropolitan Planning Commission approved and recommended that the Governing Body pass an ordinance adopting the proposed text amendment (TA-16-00335). In sum, the proposed the text amendment incorporates the terminology of the new law, codifies regulations set forth in the new law, marries the new law to the City’s existing standards, and brings the City into compliance both with the new state law and federal regulations. Additionally, the proposed text amendment also establishes an improved procedural framework for the receipt and consideration of applications for wireless facilities and wireless support structures, adds a requirement that, where feasible, all wireless support structures, in or near residentially zoned property, be disguised, and reduces the permitted height of wireless support structures in or near residentially zoned property, among other things. |
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Strategic Goal Area: |
Not applicable |
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Fiscal Impact (Amount/Source): |
Not applicable |
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Attachments: |
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