File #: ID-368-18    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 11/5/2018 In control: City Council
On agenda: 11/13/2018 Final action:
Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING CERTAIN SECTIONS OF ARTICLE 12 AND ARTICLE 17 OF THE BRIGHTON MUNICIPAL CODE RELATED TO TELECOMMUNICATIONS FACILITIES AND COMMERCIAL MOBILE RADIO SERVICE FACILITIES (FIRST READING)
Attachments: 1. Draft CC WCFs Ordinance, 2. Copy of the Planning Commission Recommendation (Resolution #18-13), 3. Newspaper Notice, 4. Newspaper Publication Proof, 5. Draft City Staff PowerPoint, 6. Wireless PPT

Department of Community Development
Reference: Wireless Communications Facilities Code Amendment

To: Mayor Kenneth J. Kreutzer and Members of City Council
Through: Philip A. Rodriguez, City Manager
Marv Falconburg, AICP, Assistant City Manager
Holly Prather, AICP, Community Development Director
Prepared By: Mike Tylka, AICP, Senior Planner
Date Prepared: October 26, 2018
PURPOSE
City staff is requesting that the City Council amend the current regulations regarding telecommunications facilities and commercial mobile radio service facilities. The recommendation by City staff is to repeal Sections 12-16-200 through 12-16-270 that deal with 'Telecommunication Facilities;' to repeal Section 17-20-140 titled 'Commercial Mobile Radio Service (CMRS) facilities' and replace it in its entirety with new text that includes a new title of 'Wireless Communications Facilities' (WCFs); and to amend the 'Table of Uses' in Section 17-32-30 as it pertains to WCFs. City staff discussed their intentions at a joint Study Session of the Planning Commission and City Council on March 27, 2018, and has been working with a consultant from the law firm of Kissinger & Fellman PC to draft the proposed amendment. As City Code can only be modified via ordinance, City staff is bringing forward the code amendment in ordinance form to be voted on by the City Council.

STRATEGIC FOCUS AREA
Recognizable and Well-Planned Community

BACKGROUND
Code provisions for CMRS facilities (Article 17) were last amended in 2008, and provisions for Telecommunication Facilities (Article 12) were last amended in 2007. The present proposed code change is viewed as necessary in order to provide clear codified regulations regarding small cell sites. These can be thought of generally as "mini cell towers" typically placed on utility poles in the rights-of-way (ROWs).

In 2017, Governor Hickenlooper signed Colorado House Bill 17-1193 which set State standards for small ce...

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