City Council Agenda and Packet 1997 09 16

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Lathrop moved that Council approve Ordinance No. 1261, Series 1997, the rezoning and zoning to PCZD -OS of the Daughenbaugh and Warembourg parcels with the exception of allowing crop production until such time as Council chooses to eliminate that at a future date, seconded by Howard. Roll call was taken. Motion passed by a 7 0 vote. ORDINANCE NO. 1264, SERIES 1997 AMENDING TITLE 17 OF THE LOUISVILLE MUNICIPAL CODE AND ADDING A NEW CHAPTER 17.42 TO REGULATE THE PLACEMENT, CONSTRUCTION AND MODIFICATION OF COMMERCIAL MOBILE RADIO SERVICES AND COMMERCIAL SATELLITE DISH ANTENNAE WITHIN THE CITY OF LOUISVILLE, AND TO MAKE OTHER AMENDMENTS TO TITLE 17 IN CONNECTION THEREWITH 1ST READING PUBLIC HEARING (CONTINUED FROM 7/15/97 MEETING) Tanoue read by title only Ordinance No. 1264, Series 1997, "An ordinance amending Title 17 of the Louisville Municipal Code and adding a new Chapter 17.42 to regulate the placement, construction and modification of commercial mobile radio services and commercial satellite dish antennae within the City of Louisville, and to make other amendments to Title 17 in connection therewith." Paul Wood, Planning Director, stated that the proposed regulations require "stealth" design of antenna and associated support structure. Innovative design techniques to hid or disguise CMRS facilities are required. No freestanding structures such as monopoles or lattice towers are allowed. Special review use approval is required for most applications, though provisions are made for administrative review of proposals in commercial and industrial areas that meet strict design requirements. Some residential facilities would be allowed with a minimum setback of 100'. The document had been slightly reformatted with the elimination of the section on freestanding structures and the consolidation of the sections on building mounted antennae in commercial and noncommercial districts. Davidson opened the public hearing calling for anyone wishing to speak on Ordinance No. 1264. Steve Yatchak, 1091 Azure Way, Louisville, Colorado, was involved in a couple of the early planning sessions on this ordinance and was pleased with the changes that came out of that: the elimination of free standing towers, the 100' setback on residential, the esthetic camouflaging and screening requirements of the ordinance. He asked that if any changes regarding the residential are considered, they become more restrictive to the service providers, rather than less restrictive. Anne Closser, Land Use Consultant for Airtouch Cellular, 7028 South Clinton, Englewood, Colorado, felt that a blanket prohibition on freestanding installations anywhere within the City's jurisdiction without allowing some form of review process is running a fowl of some of the prohibitions as articulated in the 1996 Federal Telecommunications Act: Davidson called for anyone else wishing to speak on Ordinance No: 1264.