01/04/2001 Park Board Packet - Laserfiche WebLink

Home Search

• • • AGENDA ITEM STAFF ORIGINATOR: Jeff Smyser P & Z MEETING DATE: January 10, 2001 TOPIC: PUBLIC HEARING: Rezone City Hall Park From Rural To Public Semi- Public To Allow for Qwest Wireless PCS Tower BACKGROUND Qwest Wireless LLC has submitted a request for the City to rezone City Hall Park. Qwest proposes to construct a 135 -foot high tower for antennae for wireless telephone service. Such towers are not allowed in the Rural zoning district. City Hall Park currently is zoned Rural. Towers are allowed in a PSP Public Semi- Public district. Qwest has requested rezoning City Hall Park to PSP. The Federal Communications Act of 1996 requires that t regulations "shall not prohibit or have the effect of prohibiting the provisio �� '`erso wireless services." The City must provide locations where a wirele pro an e facilities to provide service. This does not mean the City must allo A , e , herever a wireless company wants one. The analysis below discu i �� `e detail. The tower itself requires onl allows the tower. ANALYSIS rati permit if the zoning on the proposed site Federal Law: Section 704 of the Telecommunications Act of 1996 addresses local zoning authority and provision of personal wireless services. Personal wireless services includes mobile phones and pagers. The following summary is just that —a summary. The Act states that local zoning authority is preserved. However: The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof —shall not unreasonably discriminate among providers of functionally equivalent services; and shall not prohibit or have the effect of prohibiting the provision of personal wireless services.