ACTION REQUESTED:
Title
Communication from the City Manager and the Community Development Director with a Request to ADOPT an ORDINANCE Amending Appendix A, the UNIFIED DEVELOPMENT CODE, of the CODE of the City of Peoria, with Respect to WIRELESS COMMUNICATION FACILITIES.
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BACKGROUND:
The proposed text amendment is being brought forward at the request of Councilman Chuck Grayeb, on behalf of his constituents in the 2nd Council District. The primary concern is the placement of cell towers in residential zoning districts or in close proximity to residential zoning districts.
The following provides a summary of the proposed changes approved by the Planning and Zoning Commission
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Unified Development Code Current Requirement |
Unified Development Code Section |
Proposed Change |
Justification |
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1. Any collocation that results in a height increase of less than 10% of the existing tower or structure is processed administratively, regardless of the zoning district. |
Appendix A, Section 5.3.2.D.2.c |
This would still be applicable, except for collocations in residential zoning districts. Both new towers and collocations in residential zoning districts would require a Special Use. The exception would be collocations on towers established before this change that result in no height increase, which could still be processed administratively. |
This would provide the opportunity for a public hearing on all wireless communication facilities in a residential district. |
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2. Collocations in any zoning district are the first priority preference. |
Appendix A, Section 5.3.2.D.4. |
Collocations in residential districts are now the 5th priority, along with new towers. Distributed Antenna Systems (DAS) was added to allow such use and became priority 2. |
This will limit the placement of wireless communication facilities in residential districts. |
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3. Towers and any other proposed Wireless Telecommunications Facility structures which are adjacent to residential properties must be setback a minimum of 50 feet from the common lot line |
Appendix A, Section 5.3.2.D.4.c. |
Towers and any other proposed Wireless Telecommunications Facility structures which are adjacent to residential properties must be setback a minimum of 50 feet from parcels zoned residential. |
This provides a setback from residential regardless of whether there is a common lot line. |
Following a West Bluff Council Meeting, which occurred after the Planning and Zoning Commission Meeting, the following additional changes were made:
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Unified Development Code Current Requirement |
Unified Development Code Section |
Proposed Change |
Justification |
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4. Per the Historic Preservation Ordinance, any new tower or collocation in a local historic district or landmark requires a Certificate of Appropriateness; however, that requirement is not currently noted in the wireless communication section of the code. |
Appendix A, Section 5.3.2.D.2.b |
Language was added to section 5.3.2.D.2.b to require a Certificate of Appropriateness for wireless communication facilities in local historic districts or local landmarks. |
This provide clarity in both the Unified Development Code and the Historic Preservation Ordinance that a Certificate of Appropriateness is required. |
The Planning and Zoning Commission VOTED 4 - 0 TO APPROVE the request.
FINANCIAL IMPACT: N/A
NEIGHBORHOOD CONCERNS: None expressed at the Planning and Zoning Commission Meeting
IMPACT IF APPROVED: The Unified Development Code will be amended to modify the regulations for wireless communication facilities.
IMPACT IF DENIED: The Unified Development Code will not be amended.
ALTERNATIVES: N/A
EEO CERTIFICATION NUMBER: N/A
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Attractive Neighborhoods with Character: Safe and Livable
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Reinvest in neighborhoods.
DEPARTMENT: Community Development