Open the public hearing, receive comments and close the public hearing. It is the policy of the Planning Commission not to act on a public hearing item the night of the public hearing.  If no public comments are received requiring additional study, staff is recommending the following amendments:

1. Add the definition of a small wireless facility to Section 155.003 (Definitions).
2. Revise Section 155.385 (Towers and Antennas Site Design and Maintenance) to include small cell wireless facilities.
3. Revise Section 155.052 (Conditional Uses) to include small wireless facilities as a conditional use in the One-Family Residential Districts.
4. Revise Section 155.078 (Conditional Uses) to include small wireless facilities as a conditional use in the Multiple-Family Residential District.

For your consideration are proposed amendments to the zoning chapter of the City code.   

Staff is requesting that the Planning Commission adopt a draft resolution setting a public hearing for January 17, 2018, to consider amendments to the zoning chapter of the city code regarding small cell wireless facilities in the city. The proposed amendments include the following:

1. Addition of the definition of a small wireless facility to Section 155.003 (Definitions).
2. Revision to Section 155.385 (Towers and Antennas Site Design and Maintenance) to include small cell wireless facilities.
3. Revision to Section 155.052 (Conditional Uses) to include small wireless facilities as a conditional use in the One-Family Residential Districts.
4. Revision to Section 155.078 (Conditional Uses) to include small wireless facilities as a conditional use in the Multiple-Family Residential Districts.

On May 30, 2017, Gov. Dayton signed into law a bill amending Minnesota's Telecommunications Right-of Way Law.  This law created a streamlined permitting system for placement of small wireless facilities on city-owned structures in rights-of-way.  Under the new law cities have the authority to require that an applicant apply for and receive approval of a conditional use permit if a small cell facility is proposed in right-of-way located in residential areas.

The proposed zoning amendments would require small wireless communication facilities to obtain a conditional use permit if located within or abutting zoning districts that allow residential uses, similar to what is currently required for wireless communications towers.

The proposed amendments to the zoning chapter will coincide with proposed amendments to Chapter 97 of the city code, which regulates excavations and obstructions within the public rights-of-way related to any utility service facility.  The public hearing for amendments to Chapter 97 will be conducted by the City Council.