To: Honorable Mayor and Members of Town Council
Through: Bill Detweiler, Development Services Director
From: Donna Ferguson, Senior Planner, Development Services
Brad Boland, Planner II, Development Services
Title
Ordinance Amending Section 14.02.050 of the Castle Rock Municipal Code Concerning the Lease of Public Property for Wireless Communication Facilities (Second Reading - Approved on First Reading on November 6, 2018 by a vote of 6-0)
Body
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Second Reading - Approved on First Reading on November 6, 2018 by a vote of 6-0.
Executive Summary
On October 2, 2018 Town staff presented options to Town Council to streamline the process in which leases are approved for wireless communication facilities on Town-owned property. Town Council directed staff to produce an ordinance that would allow the approval of leases for wireless communication facilities to be either administrative or by Council action dependent on the required land use approval process for the specific wireless facility. Town staff has produced an Ordinance amending section 14.02.050 of the Municipal Code per this direction.
Background
At the July 17, 2018 Town Council meeting, staff was directed to provide an update on the deployment progress of wireless facilities across Town since the adoption of the new wireless code that was approved on June 19, 2018 and to provide any additional avenues to streamline the process for deployment. Staff identified the lease approval process for wireless facilities being located on Town-owned property as an opportunity to streamline the process for deployment.
An important part of the new wireless code that was approved on June 19, 2018 is that the Town shall act as the property owner first and the land use approval body second. To ensure that these roles are not confused, the land use approval cannot be officially granted until the approval of the lease, which currently requires two readings and 30-day referendum period. This process can add significant time to the approval process. Town staff presented four options to Town Council on October 2, 2018 that could streamline the process. The options were;
1. Lease approval remains through ordinance. (~12 weeks of additional time) (No further action needed).
2. Lease approval is granted by resolution, requiring one reading (~6 weeks additional time).
3. Lease approval authority is granted to the Town Manager (no additional time).
4. Lease approval method follows the land use approval (no additional time).
• If land use approval is administrative, the Town Manager may approve.
• If land use approval is granted by Town Council, the lease shall be approved by Town Council by resolution.
Town Council directed staff to produce an Ordinance for Council action to amend the Municipal Code to accommodate the fourth option. Staff has produced an Ordinance amending section 14.02.050 of the Municipal Code for Council action.
Staff Recommendation
Town Council voted 6-0 on November 6, 2018 to approve the ordinance on first reading.
Proposed Motion
I move to approve the Ordinance as introduced by title, second reading.
Attachments
Attachment A: Ordinance