Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
0Activity
0 of .
Results for:
No results containing your search query
P. 1
Amendments to Salem Revised Code on cell towers

Amendments to Salem Revised Code on cell towers

Ratings: (0)|Views: 26 |Likes:
Published by Statesman Journal
Amendments to Salem Revised Code on cell towers
Amendments to Salem Revised Code on cell towers

More info:

Published by: Statesman Journal on Jan 18, 2014
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

01/18/2014

pdf

text

original

 
TO: THROUGH: FROM: SUBJECT: ISSUE: FOR COUNCIL MEETING OF: AGENDA ITEM NO.:
January 13, 2014 4 (b)
PROPOSED AMENDMENTS TO THE SALEM REVISED CODE SRC) ESTABLISHING A
N W
WIRELESS COMMUNICATIONS FACILITIES ORDINANCE SRC CHAPTER 703), AMENDING AND SUPPLEMENTING EXISTING PROVISIONS FOR WIRELESS COMMUNICATIONS FACILITIES
N
SRC CHAPTERS 116, 118, AND 119, AND MAKING CORRESPONDING AMENDMENTS TO THE APPLICABLE CHAPTERS
N
THE ZONING CODE TITLE X OF THE SRC)
Should the City Council amend Ordinance Bill No. 24-13, as set forth in proposed Engrossed Ordinance Bill No. 24-13, and advance Engrossed Ordinance Bill No. 24-13, to second reading
or
enactment?
RECOMMENDATION:
Staff recommends that the City Council amend Ordinance Bill No. 24-13, as set forth in proposed Engrossed Ordinance Bill No. 24-13, and advance Engrossed Ordinance Bill No. 24-13, to second reading for enactment.
SUMMARY:
Council received a Future Report prior to the First Reading
o
Ordinance Bill No. 24-13 on November 18, 2013, summarizing proposed amendments to application requirements, review processes, development standards, and criteria applicable to wireless communications facilities. Adoption
o
the updated wireless communications ordinance would provide needed clarity, streamline review and processing
o
wireless communications facility applications, and provide additional opportunity
or
public comment on proposals
or
new cell towers and certain proposals for facilities in public rights-of-way. This staff report
or
the January 13, 2014 public hearing conveys the Planning Commission s recommendation and record to Council, provides information that Council requested regarding radio frequency emissions, includes staff recommendations for several revisions to the proposed amendments in Engrossed Ordinance Bill No. 24-13, and includes findings demonstrating that the proposed amendments are consistent with the Salem Area Comprehensive Plan.
Ordinance 24-13 (Wireless Code Amendment) Page 1 January 13, 2014
 
FACTS AND FINDINGS:
Procedural indings
1.
City Council received a Future Report and held a first reading
of
proposed Ordinance
No.
24-13
on
November 18, 2013 and set a public hearing for January 13, 2014.
2.
Staff mailed notice
of
the City Council public hearing required by SRC 300.111
O e) 1
)(B)
on
January
2,
2014 and published notice
in
the newspaper
on
January
3,
2014, and January 10, 2014.
Substantive indings
Planning Commission Recommendation
The Planning Commission recommendation
is
included as Exhibit
A,
the staff report for the February 26 Planning Commission Public Hearing is included
as
Exhibit
B,
and the supplemental staff report for the March 26continued Planning Commission Public Hearing is included
as
Exhibit
C.
Significant Changes from Current Code
A Future Report regarding proposed Ordinance
No.
24-13 was made available to the City Council
on
November 18, 2013. The November 18 Future Report is incorporated herein by reference and highlights the significant changes that are proposed to current code provisions regulating wireless communication facilities.
Testimony from Wireless Communications Industry Representatives and Utility Providers
Representatives
of
the Northwest Wireless Association, T-Mobile, AT T, Verizon, and PGE testified
in
opposition to the proposed amendments. Written testimony received prior to staff report deadlines for the Planning Commission Public Hearing is included
in
Exhibits B and
C,
and additional written testimony received prior to the close
of
the Planning Commission Public Hearing is included
in
Exhibit
D.
Testimony from Citizens and Neighborhood Associations
Fourteen citizens and one Neighborhood Association (Northeast Neighborhood Association) testified
in
opposition to the proposed amendments. Written testimony received prior to staff report deadlines for the Planning Commission Public Hearing
is
included
in
Exhibits
and
C,
and additional written testimony received prior to the close of the Planning Commission Public Hearing is included
in
Exhibit
D.
After the Planning Commission issued its recommendation, one citizen provided testimony for Council's consideration (Exhibit
E).
Information Requested by Council
t
the July 22 2013 Work Session
At a July 22 joint work session
of
the City Council and Planning Commission, Council
Ordinance 24-13 (Wireless Code Amendment) Page 2 January 13, 2014
 
members requested information on radio frequency emissions. The City may not regulate the placement, construction, modification of wireless communication facilities on the basis
o
the environmental effects
o
radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission's (FCC's) regulations concerning such emissions. The FCC's document,
A Local Government Official s Guide
t
Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance,
is
included as Exhibit F and answers to frequently asked questions from the FCC website are included as Exhibit
G
Staff Recommendations for Revisions Prior to Adoption
Subsequent to the Planning Commission recommendation, staff received additional information regarding several provisions
in
the proposed ordinance, which includes public testimony and advice from the City's consultant. As a result
o
this information, staff has made several modifications to the proposed amendments as shown
in
the engrossed ordinance (Exhibit H). The following are the most notable.
1 Third party review
The proposed Ordinance would allow the City to charge the applicant a fee to cover costs for the City to retain a consultant to review technical evidence submitted for an adjustment or for a new support tower
in
a residential, public, mixed-use, or overlay zone.
In
order to respond to concerns raised subsequent to the Planning Commission recommendation regarding the technical justification to locate wireless facilities nearer to residential areas, staff recommends expanding the possible third party review provision to new support towers within 300 feet of residential zones.
2
Auxiliary support equipment development standards
Staff recommends requiring auxiliary support equipment to be placed underground where all other utilities are required to be placed underground.
3 Provisions referring to capacity
Staff recommends removing terms referring to capacity or capacity objectives because the terms are not defined and use
o
the terms would make administration difficult. Those terms had been added at the request
o
representatives ofT-Mobile, the Northwest Wireless Association, AT T, and Verizon.
Consistency with the Salem Area Comprehensive Plan
The Salem Area Comprehensive Plan (SACP)
is
the long-range plan for guiding development
in
the Salem urban area. The SACP requires that all zoning ordinances be consistent with and support the Comprehensive Plan. Because the proposed amendments make changes to the City's regulations for wireless communications facilities, the proposed amendments must therefore conform to and comply with the applicable goals and policies
o
the Comprehensive Plan. The proposed code amendment is consistent with and supportive
o
the goals and polices
o
the SACP as described below.
Ordinance 24-13 (Wireless Code Amendment) Page 3 January 13, 2014

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->