To: Honorable Mayor and Members of Town Council
Through: Bill Detweiler, Director, Development Services
From: Donna Ferguson, Senior Planner, Development Services
Brad Boland, Planner II, Development Services
Title
Ordinance Repealing and Replacing Chapter 17.60 of the Castle Rock Municipal Code Concerning Personal Wireless Service Facilities (Second Reading) (Approved on First Reading with a vote of 6-0)
Body
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In response to the State passing legislation allowing small cell wireless facilities to be located in right-of-way, Town staff with help from special counsel updated the Wireless Code to better align with evolving Federal and State regulations and to incorporate best practices. The updated Wireless Code addresses site selection, design standards, review procedures and requirements, standards of approval, and operational standards.
The Planning Commission, at a public hearing on May 24, 2018, voted (6-0) to recommend approval of the updated Wireless Code. During the public hearing a concern was raised about the omission of requirements for locating macro wireless facilities on Town property specifically as it pertains to Open Space and conservation areas. Staff responded that the Town acting as the property owner, rather than the land use regulator, has much more discretion in making a decision as to whether to locate macro wireless facilities on a specific Town property. Any macro wireless facility is also subject to the general design requirements for all wireless facilities and the design standards for macro wireless facilities regardless of where it is located.
On June 5, 2018, Town Council voted 6-0 to approve on first reading. During the public hearing, staff was asked by Council if it would be appropriate to add language to the code to prohibit the siting of wireless facilities from properties designated as conservancy districts, conservation areas, and open space. It is the opinion of special counsel and Town staff, that placing such language in the code might be viewed as the Town overstepping its regulatory authority and that it might lend itself to a legal challenge. It is important to note, however, that the Town, acting as the property owner, has the authority and can exercise its discretion in making a determination as to the appropriateness of the siting of a wireless facilities on these types of properties. Between first and second readings, staff made a few clarification revisions in the code. The objective was to make clear the relationship between the Wireless Code and underlying zoning.
Background
House Bill 17-1193, passed in 2017, made wireless small cell facilities located in right-of-way (ROW) as a use by right throughout the State. A wireless small cell facility is defined in the bill as a wireless facility in which an antenna would fit into an enclosure that does not exceed three cubic feet in volume and the primary equipment enclosures are no larger than seventeen cubic feet in volume. These facilities are most commonly placed on light poles and traffic signals. An example of these facilities would be the light poles approved at Phillip S. Miller Park and Butterfield Crossing Park last summer.
The Town’s current Wireless Code does not address the advances that have made in new technology and therefore needed to be updated. As noted, counsel specializing in wireless regulations was retained to help Town staff update the Wireless Code. Communities across the Front Range have completed or are in process of making similar revisions to their Wireless Codes. In addition to compliance with the updated Code, wireless providers, who use Town ROW, will be required to enter into a Master Lease Agreement with the Town that will have additional standards and requirements.
Discussion
Important aspects of the updated Code include:
• Definitions are aligned with State and Federal rules for the various types of wireless facilities and other key terms.
• The Code creates general design standards with a strong emphasis on concealment for all wireless facility types and has additional specific design standards by wireless facility type.
• Small cell facilities in ROW will be a use by right and will go through a permitting process managed by Public Works.
• Providers of small cell facilities in ROW will enter into a Master Lease Agreement with the Town and a pole attachment agreement with either IREA or the Town.
• The updated Code creates a hierarchy of locations in the ROW for placement, starting with light poles as most desirable and traffic signals the least desirable.
• A minimum spacing of 600 feet is required for a wireless provider to put a new pole in the ROW.
• Specific operational standards to small cell facilities in ROW will be addressed in the Master Lease Agreements.
• Small cell facilities outside of ROW will go through an administrative Site Development Plan process.
• Macro wireless facilities range in size for stereotypical large towers, alternative structures such as faux windmills, and antennas located on a building.
• Towers will continue to go through the public hearing process.
• Macro wireless facilities located on a building that are fully enclosed or screened may be processed as an administrative Site Development Plan, as determined by Town staff.
• For wireless facilities located on Town property (outside of ROW), the Town will act as a property owner first and regulator second.
Budget Impact
The Town will receive associated review and permitting fees as already set out in the 2018 Fee Schedule. The Town will also receive funds from lease agreements that it enters into.
Staff Findings
Town staff finds that the proposed revisions to the Wireless Code meets the 2030 Comprehensive Master Plan of accommodating, where appropriate, community and regional telecommunications facilities to serve the needs of citizens, businesses and government while minimizing any negative environmental or aesthetic impacts associated with telecommunications facilities.
Recommendation
The Planning Commission, at a public hearing on May 24, 2018, voted (6-0) to recommend approval of the Ordinance.
Proposed Motion
“I move to approve the Ordinance as introduced by title, second reading.”
Attachments
Attachment A: Wireless FAQ
Attachment B: Ordinance