Kirkland Planning Commission Meeting: Comprehensive Plan Update and Wireless Code Amendments - May 11, 2023

On May 11, 2023, the Kirkland Planning Commission held a meeting from 7:01 PM to 9:58 PM, including a study session on the Comprehensive Plan Update (K2044) and a public hearing on Wireless Code Amendments (KZC Chapter 117 and KMC Title 26). The study session focused on the vision statement, sustainability/climate/environment (SCE) element, parks element, and community engagement. The public hearing addressed revisions to wireless facility regulations, including macro and small wireless facilities. Commissioner Sandeep Singhal left at 9:06 PM before the final vote.

Public Comments & Testimony

• Kim Allen (Verizon Wireless) requested the public hearing remain open to allow time to review the revised draft provided only one hour before the meeting. She cited height limits (40 feet) as unworkable due to Kirkland's tree canopy and requested up to 60 feet for macro towers, and expressed concerns about roof-mounted antenna standards and equipment shelter height limits (5 feet).
• Greg Bush (Bush Law Firm, outside counsel for AT&T) joined the request to keep the public hearing open, noting he had just received the revised draft and needed time to identify potential conflicts with federal law. He argued against encouraging or discouraging any specific concealment technology (e.g., artificial trees), advocating for site-specific flexibility.

Discussion Items

Study Session: K2044 Comprehensive Plan Update

• Vision Statement Update: Planner Kaylee Duffy presented a revised vision statement based on a community visioning process (December 2022 – January 2023) involving a survey and a virtual event with ~50 participants. The draft emphasizes Diversity, Equity, Inclusion, and Belonging (DEIB), accessibility, housing, growth, and sustainability. Commissioners provided feedback: suggested shortening the statement, removing jargon (e.g., “interpersonal racism”), avoiding redundancy, clarifying that “never have to leave” could be misinterpreted, and adding language about job creation and economic resilience. Commissioner Rutherford noted the survey skewed heavily toward older, white, female homeowners.
• Sustainability, Climate, and Environment (SCE) Element: Senior Planner David Barnes presented survey findings: 75% of respondents are concerned about climate change; natural gas accounts for 21% of Kirkland’s carbon emissions. Currently, 26,000 households use natural gas, with projections of 15,000 more units in 20 years. Staff asked for direction on prohibiting or limiting new natural gas hookups. Commissioners expressed caution: concerns about electrical grid capacity, cost implications for affordable housing, legal precedents (e.g., Berkeley ban struck down), and lack of expertise. No clear direction was given; staff noted the question will be revisited.
• Parks Element: Senior Planner Lindsay Levine reviewed themes from outreach: accessibility, equitable distribution, tree canopy preservation, and climate resilience.
• Community Engagement: Staff highlighted efforts to reach underrepresented groups, including focus groups (stipends provided), outreach to senior and youth councils, and tabling at events. Commissioner Singhal suggested showing survey data by demographic groups and increasing outreach to renters.
• Next Steps: Elements will be updated through summer 2024, with a public hearing and recommendation to City Council by fall 2024.

Public Hearing: Wireless Code Amendments

• Senior Planner Lindsay Levine and outside counsel Emily Romanenko (Ogden Murphy Wallace) presented amendments to bring the code into compliance with FCC regulations. Key changes: streamlined permit procedures, updated definitions, removal of minor modifications, new design standards, and expanded concealment options. Staff recommended not encouraging artificial trees as concealment due to unnatural aesthetics and microplastics. Commissioner questions focused on permit timelines (12-month initial period with four 12-month extensions), height limits (40 feet for residential zones, with possible exceptions under the Telecom Act), and the transfer of approval authority from City Council to the City Manager for certain license agreements (staff confirmed no substantive power shift). Industry representatives (Verizon, AT&T) requested the public hearing remain open to review the late-revised draft. The public hearing was kept open during deliberation and then closed.
• Motion and Vote: Commissioner John Tymczyszyn moved to send the Wireless Code Amendments to City Council for their June 20 meeting, supporting staff’s recommendation and allowing additional time for industry review. The motion passed 6-0 (Commissioner Singhal absent).

Key Outcomes

• Comprehensive Plan Update: No formal decisions; staff will incorporate commissioner feedback on the vision statement and continue outreach. No direction was given on prohibiting natural gas hookups. Staff will provide future data on survey demographic breakdowns.
• Wireless Code Amendments: Approved recommendation to City Council with a 6-0 vote, including staff’s recommended draft and a commitment to work with industry on remaining issues before the June 20 Council meeting. The public hearing was closed after the vote.
• Administrative Reports: City Council authorized a Tax Increment Financing (TIF) program for the Station Area Plan on May 16. The Planning Commission’s Work Program is on the Council’s May 16 consent agenda. Commissioners requested a presentation from the Government Affairs Manager on impacts of HB 1110 (missing middle housing) and HB 1181 (climate change resilience), to be scheduled later.
• Calendar Updates: The May 25 meeting (initially for station area plan affordable housing and officer elections) may become virtual due to commissioner absences; the park lane study session was moved to July 13. Staff will poll commissioners for a possible special meeting in early June to advance the station area plan public hearing.