2017.11.06 CC Packet - Laserfiche WebLink

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Agenda Number CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT Memorandum TO: Hugo Planning Commission FROM: Sarah Rumppe, Community Development Intern SUBJECT: Small Cells DATE: November 30, 2017 for the Planning Commission meeting of November 6, 2017 1. BACKGROUND: As cellular technology becomes increasingly important in our everyday lives, the demand for cell providers, better coverage, and data has spurred requests for new cellular towers and equipment. Current regulations for cellular equipment were drafted at a time when antennas were large, bulky and bolted to the tops of towers. Although traditional "macrocell" technologies are still highly relevant, there are variety of smaller and more sophisticated options in use today. Small cell facilities compliment macrocell facilities by boosting the amount of data the network can put out. These facilities are small enough to be mounted on existing structures such as light poles and power lines, which are often found in the public right-of-way (ROW). Small cell providers have met barriers when attempting to deploy new equipment in the ROW due to outdated regulations. As a result providers have pushed for an amendment to Minnesota's Right -of -Way statutes that became effective in May of 2017. The new law aims to simplify the process of locating or collocating facilities in the public ROW by allowing permitted use in all zoning districts except historic and residential. As a result, the City's permitting process and right-of-way ordinances are important means of exercising authority of the public ROW. The City should update its right-of- way ordinance per the new amendment. The City is also responsible for providing a draft colocation agreement and new permit for small cell technologies by November 30, 2017. 2. SUMMARY OF NEW LAW AND IMPLICATIONS FOR THE CITY A. Permitted Use Under new law, small cell providers are permitted to install or collocate small cell equipment on support structures in the right-of-way. This permitted use surpasses all reasons for denial except those regarding the health, safety and welfare of the public. The new law also and eliminates the use of moratoriums. Two zoning districts, residential and historic, do not assume permitted use and can require small cell providers to apply for the approval of a Conditional Use Permit (CUP). The City should update the conditional uses defined in the ordinance of these zones.