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PLANNING COMMISSION REPORT Regular Agenda -- Public Hearing Item
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ITEM NO. 3: TEXT AMENDMENT TO LAND DEVELOPMENT CODE; TELECOMMUNICATIONS FACILITIES (BJP)
TA-16-00335: Consider a Text Amendment, TA-16-00335, to the City of Lawrence Land Development Code, Chapter 20, Article 4, Article 5, Section 20-529 Telecommunications Facilities, and Article 17 to revise standards to align with new federal standards that take effect in October, 2016. Initiated by City Commission on 8/16/16.
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RECOMMENDATION: Staff recommends that the Planning Commission forward the proposed amendment, TA-16-00335, amending Articles 4, 5, and 17of the Lawrence Land Development Code to revise standards to align with the new Federal standards to the City Commission with a recommendation for approval. |
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Reason for Request: |
Amendment to code is required in response to changes to the Federal and State legislative requirements regarding wireless communications.
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING · None received
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ATTACHMENTS Attachment A – Draft Language
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OVERVIEW OF PROPOSED AMENDMENT The following is a summary listing of the proposed changes:
1. Article 4: Use Table The current terms ‘Telecommunications Tower and Antenna’ are replaced with the new terminology, Wireless Support Structure and Wireless Facility – Antenna. 2. Article 5: Use Regulations 3. Existing Section 20-529 is deleted and replaced with the new Use Regulations. 4. Article 17: Terminology 5. Existing Section 20-1768 terms are deleted and replaced with the new Wireless Facilities uses that are referenced in Section 20-529.
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BACKGROUND New Federal and State legislative requirements regarding wireless communications will take effect in October, 2016. The changes in the wireless communications regulations include:
· Federal regulations no longer permit municipalities to require proof and justification of need, propagation maps and studies as a determination for location of new wireless communication facilities.
· A waiver process for co-locations and setback requirements is established.
· The separation requirement between wireless facilities is reduced.
· Adds the Federal ‘shot clock’ requirements (specific processing timelines) for review and approval to the City Code.
· The proposed language adds standards for disguised wireless facilities.
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CRITERIA FOR REVIEW AND DECISION-MAKING Section 20-1302(f) provides review and decision-making criteria on proposed text amendments. It states that review bodies shall consider at least the following factors:
1) Whether the proposed text amendment corrects an error or inconsistency in the Development Code or meets the challenge of a changing condition; and
The purpose of this proposed text amendment is to align the City of Lawrence Land Development Code with new Federal and State legislative requirements that take effect in October, 2016. The proposed text amendment will bring City Code into compliance with the new laws.
2) Whether the proposed text amendment is consistent with the Comprehensive Plan and the stated purpose of this Development Code (Sec. 20-104).
The proposed text amendment is consistent with Horizon 2020 and the stated purpose of this Development Code. The new Federal and State legislation will ensure that residents, businesses, and industry within the City of Lawrence have access to reliable wireless telecommunications networks, while also safeguarding the health, safety, welfare, and aesthetics of the community.
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