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01-03-2018
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01-03-2018
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MV Planning Commission
DOC TYPE
MINUTES
Date
1/3/2018
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Item No: 05A <br />Meeting Date: Jan 3, 2018 <br />Type of Business: Planning Case SP-210-18 <br /> <br /> <br />City of Mounds View Staff Report <br />To: Mounds View Planning Commission <br />From: Jon Sevald, Planner <br />Item Title/Subject: Resolution 1082-18, Recommending Approval of <br />Ordinance 940, an Ordinance Amending the City Code, <br />Title 1100, Section 1124 Regulating Wireless <br />Telecommunication Facilities <br /> <br /> <br />Introduction <br />During the 2017 Legislative Session, laws were amended allowing Small Wireless facilities as a <br />permitted use within the public right-of-way of all zoning districts, except in residential and <br />historic zoning districts. In those districts, local governments have the option of requiring a <br />Conditional Use Permit (CUP). <br /> <br />A Small Cell Wireless Facility is an antenna, six cubic feet or smaller, that may be attached to a <br />utility pole, and is intended to enhance 5G wireless networks. <br /> <br /> <br />Discussion <br />The legislation primarily deals with Title 900 of the City Code (Management of Right-of-Way). A <br />small portion relates to the Zoning Code relating to the option of requiring a CUP within <br />residential districts. <br /> <br />To be consistent in the permitting process, Staff is recommending that Small Wireless Facilities <br />be a permitted use within the public right-of-way of all zoning districts. Applicants will be <br />required to obtain a permit from the Public Works Department. <br /> <br />Further, Staff recommends that such facilities be prohibited from being located on existing <br />decorative utility poles (i.e. pedestrian lights along Mounds View Blvd), and would require <br />telecommunication companies to install new decorative utility poles which are similar to those <br />owned by the City. <br /> <br /> <br />Summary <br />MN Statute §237 (Telephone, Telegraph, Telecommunications) and §238 (Cable <br />Communications) were amended in 2017, allowing Small Wireless Facilities as a permitted use <br />within public right-of-ways with certain exceptions, including the option for local governments to <br />require a Conditional Use Permit if located within a residential or historical zoning district. Staff <br />is recommending that this use be a permitted use, and not require a CUP. <br /> <br />A Public Hearing will be held by the City Council on January 22, 2018. <br /> <br />Ordinance 940 will include amendments to both the Zoning Ordinance, and Right-of-Way <br />Ordinance. For the purposes of the Planning Commission, Resolution 1082-18 only applies to <br />the Zoning Ordinance.
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