5.8 PCSR 11-22-2016 - Laserfiche WebLink

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h1 ,�.., Request for Action River To Item Number Planning Commission 5.8 Agenda Section Meeting Date Prepared by Public Hearings November 22,2016 BrieAnna Simon,Planner Item Description Reviewed by City of Elk River—Ordinance Amendment Zack Carlton,Planning Manager • Ordinance Amendment to regulate structures Reviewed by located in the right-of-way, Case No. OA 16-12 Action Requested Recommend,by motion,approval of the Ordinance Amendment as proposed. Background/Discussion Early March of 2016, the city received an application to locate a 120'wireless telecommunication pole with a 40'base within the right-of-way off of 179`"Avenue NW. Since the city code does not codify a non-utility facility locating in the right-of-way, a moratorium was passed in March of 2016 in order to allow the city time to study the implications of permitting structures within the right-of-way. Minnesota law provides cities with the comprehensive authority to manage their right-of-ways. In order to regulate the right-of-ways located in Elk River, a number of approaches can be taken. These include a zoning ordinance,right-of-way management ordinance,or a telecommunication ordinance. Each of these provides the city with an opportunity to regulate location, design, height,lighting, setbacks, finish,review process,proof of federal compliance,and/or master license agreement. However,the City of Elk River's municipal utility department currently allows wireless telecommunications to locate on exciting facilities located in the right-of-way or within easements. Telecommunications are able to lease space on existing faculties by signing a"Pole Attachment Agreement" that requires a commitment to ensure the safety of the community and a small fee. Therefore after reviewing similar ordinance in other cities and existing Elk River policies, staff is looking to regulate telecommunication facilities by only allowing two options: 1) Allow wireless telecommunication facilities to locate on existing facilities with complete approval from the Elk River Municipal Utilities Commission. 2) Allow wireless telecommunication facilities to locate underground with one switchboard cabinet not to exceed 30 inches in height. Codifying these two options will unify existing policies among departments, ensure structures do not exceed existing height requirements and help protect the safety and welfare of the community. Does the Planning Commission have any hesitations with these two options?Would the Planning Commission like to see the ordinance be more or less restrictive? F' UIERED er NATURE