File #: ID-390-18    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 11/15/2018 In control: City Council
On agenda: 12/4/2018 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
Attachments: 1. CC_Ordinance_WCFsCodeAmendment_11.15.18_CA_AMENDEDon11.20.pdf, 2. Copy of the Planning Commission Recommendation (Resolution No. 18-13), 3. Newspaper Notice, 4. Newspaper Publication Proof, 5. Draft City Staff PowerPoint for City Council’s November 20, 2018, Meeting, 6. Wireless PPT 1, 7. City Staff Report for City Council’s November 13, 2018, Meeting (Without Attachments), 8. Draft City Staff PowerPoint for City Council’s November 13, 2018, Meeting, 9. Wireless PPT 2

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: November 15, 2018
PURPOSE
City Council continued the proposed code amendment regarding Wireless Communications Facilities from their meeting on November 13th, 2018, to their meeting on November 20th, 2018. City staff has been instructed to work with the wireless communications industry representatives, some of whom spoke at the public hearing on November 13th, in order to further analyze their comments and to bring back a revised code amendment that takes their input into account.

As mentioned in the report for November 13th (see attached), 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.

STRATEGIC FOCUS AREA
Recognizable and Well-Planned Community

BACKGROUND
As further described in the report from November 13th (see attached), this code amendment is necessary as Colorado House Bill 17-1193 has already set standards for small cell facilities, and local municipalities are able to further set standards for these facilities to deal with placement, design, and the ability to address property, maintenance, and safety concerns.

City staff has worked diligently with our WCF code consultant, Brandon Dittman of Kissinger and Fellman, P.C., to analyze and make additional suggestions via the drafted amendment based o...

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