HomeMy WebLinkAbout07212020 Planning & Zoning Work Session Packet Planning and Zoning Commission -Work Session
July 21, 2020 6:00 PM City Council Chambers
Topic:Draft code of ordinance updates for for communication towers
PUBLIC NOTICE
TEMPORARY PROCESS FOR CITIZEN COMMENTS & PUBLIC PARTICIPATION AT THE
July 21, 2020 SEWARD PLANNING AND ZONINIG COMMISSION WORK SESSION
The Seward Planning and Zoning Commission will hold a Virtual Work Session on Monday, July 21,
2020. Because the City of Seward is currently experiencing a declared public health emergency due to
Coronavirus Disease 2019 (COVID-19), alternate methods for providing Citizen Comments and Public
Hearing Testimony has been created.
How To Submit Your CITIZEN COMMENTS
1. Email your WRITTEN comments to lannerLyeityofseward.net no later than 2: 00 p.m. on Tuesday,
July 21, 2020. Identify whether you want your comments READ ALOUD at the meeting or EMAILED to
commission upon receipt. In response to your email, you should expect to receive a verification email
from the Planner confirming the method of delivery if you do not receive this email, please call the
Planner at 224- 4020. Comments requested to be read aloud will be delivered verbally to council by the
Planner at the appropriate time during the meeting.
2. If you wish to be called on the telephone during the meeting to provide your comments
TELEPHONICALLY, send an email request to the Planner along with your contact information to
planner ycityofseward.net, including your full name and the telephone number you wish to have called. The
planner must receive your request no later than 2:00 p.m. on Tuesday, July 21, 2020. If you wish to be
contacted for Citizen Comment period, please be prepared to answer your phone starting at 6: 00 p.m. In
response to your email,you should expect to receive a verification email from the Planner—if you do not
receive this email,please call the Planner at 224-4020.
THERE WILL BE NO IN PERSON COMMENTS FOR THIS MEETING.
How To Virtually ATTEND The Meeting
1. The meeting will be Live Streamed on the City' s YouTube page. Log onto YouTube and type City of
Seward Alaska"into the search bar.
2. Watch on television. Tune into GCI Cable Channel 9.
Thank You For Your Cooperation!
Packet Contents
1. Responses to Requests for information from June 16"', 2020 P&Z Work
Session................................................................................... 01
2. Draft Agenda Statement including proposed changes to Title 15 of the Seward Code of
Ordinances pertaining to Communications Towers..............................04
Memorandum
Date: July 21, 2020
To: Planning and Zoning Commission
Through: Jackie C. Wilde, Community Development Director
From: Eric Kozielski, Planner
Andy Bacon, Assistant Planner
Subject: Responses to Requests for information from June 16I'P&Z Work Session
Updates to the City Code of Ordinances pertaining to Communications Towers was the topic for
the June 16I' P&Z work session. At the work session the Commission requested information
which would be best answered by specialists. The Commission also requested that the cellular
companies and parcel owners be informed we would be discussing a moratorium on new towers
until our code could be update to deal with the complexities of this matter. Finally, Ms. Ecklund
requested that staff find a specialist that could speak to any potential health impacts.
The following actions were taken:
1. Staff reached out to the agents and parcel owners concerning the proposed moratorium, the
next work session, and the Commission meeting. There was criticism that staff did not have the
agents at the last work session especially since a moratorium was suggested by the commission.
The agents for ATT drafted a letter opposing the proposed moratorium and sent it to the City's
Legal Counsel. The Commission meeting originally scheduled for July 7I'was rescheduled to the
July 21" due to an increase in localized COVID cases. During that time staff has been working
on a draft code specific to communications towers for this work session.
2. The representatives for both ATT and Verizon have expressed an interest in participating in
the work session and commission meeting on the 21" of July; they also provided answers in
response to questions from the previous work session. These responses to the commission's
questions are provided as follows.
From ATT's representative:
• Where is the lack of sufficient coverage in the town that requires new
towers?
o AT&T's primary concern with its network in Seward is the lack of sufficient
capacity.
o Since 2007, the demand for data on AT&T's network has grown by
580,000%. Additional towers are needed to share a portion of the demand
for network capacity. Additional capacity in the network also improves
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coverage, and makes it less likely that customers further away from the
towers will lose access to the network during peak demand.
o Generally, macro towers have a carrying capacity for the amount of
network traffic that they can carry at any given time, based on limited
spectrum and available technology. During peak network demand, the
effective "coverage" footprint of the tower shrinks, and devices may be
unable to connect (or have quality problems) to the network despite
having good "coverage."
• Why are the communications companies interested in the area between
3rd and 5t" avenue near Jefferson Street?
o AT&T cannot comment on the specific location of proposed facilities that
have not yet been submitted, nor the plans for other wireless providers.
o AT&T's engineering team constantly evaluates the performance of its
network to determine where new facilities need to be located. The team
also evaluates zoning requirements, and works with potential property
owners to find suitable locations that will meet the network requirements.
• Why towers around the periphery of town, or up higher on the surrounding
resource management areas would not work?
o Generally speaking, towers located at higher elevations, or at the
periphery of town often work better for facilities intended to provide
broader coverage. However, towers provided for capacity reasons often
must be located closer to where the network demand is.
o The location of customers, network demand/usage characteristics,
topography, vegetation density, building density, zoning requirements and
availability of willing property owners, among other constraints, all play a
role in where facilities are located and how they are designed (height,
etc.).
• Is the existing Telalaska infrastructure (which is nearly adjacent to the area
of interest) of particular economic benefit for locating towers?
o We can't comment on any particular economic benefit (or lack thereof) of
existing towers, particularly ones that AT&T does not own.
o Generally, AT&T evaluates collocation options (if any are available) when
it proposes a new facility. A tower's location, available antenna height,
structural capacity, availability of ground space, and willingness of the
tower owner to work with AT&T are some of the factors considered when
evaluating whether it is feasible to collocate on an existing tower.
• There is significant helicopter activity near the hospital how will that be
impacted by a tower so close to the hospital?
o All new towers, regardless of location, must comply with FAA
requirements, which includes an evaluation of existing flight paths, and
mitigation options (if necessary). The FAA process is independent of a
City's zoning review.
From the Verizon representative
•They want to know about the coverage in the town. I think it is important that they
understand that we don't have any coverage in this area presently and we are
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trying to build our network. In my propagation plots including the 2 closest sites
(Spring Creek and Resurrection) I show that there would be limited indoor
coverage in all of downtown Seward. d
-Why are the communications companies interested in the area between 3 and
5 th avenue near Jefferson Street? That is the high spot of town and I can cover
more of the town with one site by placing it in the middle.
•Why towers around the periphery of town, or up higher on the surrounding
resource management areas would not work? I have collocated on several
towers and have tried to collocate on other towers in town and we have not
been able to find anything that has worked out. We will provide better speeds
and building penetration by locating the sites closer to where the users are.
3. In response to Ms. Ecklund's request we did a search for experts that had done studies on
health effects to humans from Radio frequency fields. Without a background in this field of
study it is very difficult to know what is an authoritative study.
As a substitute staff is providing links to the FCC bulletin pertaining to exposure to radio
frequency electromagnetic fields specific to communications towers, and the link to FCC
frequently asked questions pertaining to Radio Frequency Safety.
• FCC Bulletin RF Field Exposure bulletin link
h2p§-.//transition.fcc.gov/bureaus/oet/info/documents/builetins/oet6
• Federal Communications Commission Website - Radio Frequency Safety -
FAQs
adio-
freguency-safety/fag/rf-safety
Secdoin 332(g)(Z) gf tlhe Qoirnirnuinucafloins Act preserves state and local authority over zoning and
land use decisions for personal wireless service facilities, but sets forth specific limitations on that
authority. Specifically, a state or local government may not unreasonably discriminate among
providers of functionally equivalent services, may not regulate in a manner that prohibits or has the
effect of prohibiting the provision of personal wireless services, must act on applications within a
reasonable period of time, and must make any denial of an application in writing supported by
substantial evidence in a written record. The statute also preempts local decisions Premised directly
or indirectly on the environmental effects of radio frequency(RF) emissions, assuming that the
provider is in compliance with the Commission's RF rules.
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P&Z Agenda Statement
Meeting Date: August 4, 2020
Through: Jackie C. Wilde, Community Development Director
From: Eric Kozielski, Planner
Andy Bacon, Planning Assistant
Agenda Item: Resolution 2020-XX Recommending City Council adopt the
attached ordinance setting design specifications and development
requirements for commercial communication towers
BACKGROUND & JUSTIFICATION:
Attached for the Commission's review and recommendation to the Seward City Council is
Resolution 2020-XX, At the request of the Planning and Zoning Commission city staff has
completed a review of portions of the City Code relating to commercial communications towers in
the City of Seward.
Review of the code pertaining to commercial communications towers is currently a City Council
approved priority for the Planning and Zoning Commission. Communications Towers are currently
addressed in Title 15 of the City Code. The Planning and Zoning Commission has held public work
sessions to review and update portions of the City Code pertaining to Communication Towers. Two
work sessions were held on the following dates: June 16 and July 21, 2020.
Upon review staff determined it important to provide a subsection of Article 2.—District Regulations
specific to Commercial Communication Towers with the intent to provide for the purpose behind the
ordinance and the special provisions for such a land use.
This Ordinance as presented has been reviewed and approved by the City Attorney.
Specific additions, deletions or changes are explained as follows:
(Deletions are Bold Str-ikethr-ou #s; Additions are Bold Italic Underline)
15.10.140 Definitions (b)
b. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter,unless
otherwise provided or the context otherwise requires:
27. Commercial Communications tower.A structure intended to support equipment used to
transmit and Z or receive telecommunication signals including monopoles,guved and lattice steel
structures. This definition does not include a tower that su,Dports only one or more amateur radio
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Planning and Zoning
Agenda Statement
Page 2 of 6
antennas.
15.10.226 Land uses allowed.
neeor-dnnee with tnble 15.10.225 of this ehnpter- subjeet to the site being feneed
15.10.226 -Land Uses Allowed Table
(Deletions are Bold kethr-ou Additions are Bold Italic Underline)
Districts: Principally Residential Principally Principally
Commercial Public
Uses RR RI R2 R3 UR OR AC HC CB I RM INS P
Communications, commercial -0 $ -0 8 -9 8
satellite dishes, wireless;
towers, poles, and antennas C C C C C C
less than 16 feet diameter or 75
feet in height
Communications, commercial C C C
satellite dishes, wireless;
towers,poles, and antennas 16
feet diameter or greater than 75
feet in height
(Recommending add Section 15.10.250)
15.10.250—Commercial Communications Towers.
A. Purpose. The purpose of this section is to establish a process,rules,and standards
for the sitinz and construction of wireless communication facilities to:
(1) Protect and promote public health, safety and welfare;
(2) Ensure that facilities are compatible with adjacent land uses;
(3) Provide guidelines for the siting and design of communication facilities
(4) Protect the City's environmental and economic resources including the
viewshed,
(5) Minimize the number of towers by encouraging the colocation of facilities
and maximizinz the use of existing structures;
(6) Provide for the ability of communications companies to enhance wireless
coveraze and capacity services for the City's residents,businesses,and visitors.
B. Supplemental Definitions.
(1) Total height. The distance as measured from the ground at the preexisting
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Planning and Zoning
Agenda Statement
Page 3 of 6
natural grade to the topmost point of the entire tower and attachments.
(2) Stealth facility. Any tower/ antenna integrated into a structure as an
architectural feature,or having a design that minimizes the visual footprint of
the tower through design.
C. Permitting. The Planning Commission may approve a conditional use permit
for a communications tower in the AC, HC, CB,I,", and INS zoning districts,
subiect to the conditions in this section and sections 15.10.220, 15.10.320.
(1) The application for a conditional use permit for a communications tower shall
include the following information:
(a)A written narrative explaining why the proposed site has been chosen, why
the communications tower is necessary, why the requested height was chosen,
and a full explanation regarding the communication tower's ability to
accommodate other providers; and
(b)Specifications for the communications tower and all antennas to be located
on it, including a description of design characteristics and material;
(c)A site plan drawn to scale showing property boundaries, telecommunication
tower location, telecommunication tower height,guy wires and anchors and
existing structures and land uses on the site and on adjacent property;
(d)A map showing the locations of the applicant's existing communications
towers that serve customers within the city, all new towers that the applicant
proposes to construct, and changes to the applicant's existing cellular coverage
and capacity within the city;
(e)A report prepared by a person registered as a structural engineer in Alaska
showing the capacity by type and number of the communications tower and
antennas, and that the communications tower and antennas are designed to
withstand winds in accordance with the latest revision ofASIIEIAITIA1222
standards ("Structural standards for steel communications antenna towers and
communications antenna supporting structures") and will contain only
equipment meeting Federal Communications Commission requirements;
(f)Identification of the person or persons who own the telecommunication
tower and the equipment that is to be located on it,
(g) Written authorization for the application from the owner of the site;
(h)Evidence that the applicant has a valid FCC license for the use of the
communications tower;
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Planning and Zoning
Agenda Statement
Page 4 of 6
(i) A line of si,-ht analysis showin,-the potential visual and aesthetic impacts of
the communications tower on adiacent residential districts through the use of
photo simulations of the communications tower, includinz all antennas,
structures, and equipment, usin,-the vantage points and number of photo
simulations requested by the plannin,-department,
(i) A written agreement, on a form approved by the city attorney, to remove the
communications tower and restore the site to its orizinal condition within one
hundred eighty days after the communications tower is substantially unused for
a period of twelve consecutive months, and providing that if the
communications tower is not removed within this one hundred eighty-day
period, the city may remove the communications tower at the cost of the owner;
k.Any additional information required by the plannin,-department durin,-the
application process for determination that all applicable zonin,-laws are met.
(2) For permits issued under subsection (1.) of this section, the applicant must
show all applicable conditions are met as follows:
(a) Location and Visual Impacts.
(i) The proposed location shall minimize the visual impact on the
surroundinz area while allowin,-the communications tower to function in
accordance with minimum standards imposed by the applicable
communications re-ulations and the applicant's technical desi,-n
requirements.
(ii) Communications towers and attached antennas and equipment must be
a color that blends with the surroundin,-environment or complementary to
the viewshed.Muted colors, earth tones, and subdued hues, such as gray,
are preferable.All associated structures such as equipment buildin,-s,
including the roofs, shall be painted with earth tone colors unless otherwise
required under this code or other applicable law.
(W) Where necessary to make a communications tower compatible with the
historical, environmental or cultural character of its location, the Planning
Commission may require that the communications tower be stealth faciltiv,
hidden, or inte-rated as an architectural feature of a structure, to reduce its
visual impact.
(b) Inability to Collocate.
(i) The applicant must show that it is not feasible to locate the proposed
communications antenna and equipment on an existing structure within the
area required for service. New towers shall be desiened to allow collocation
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Planning and Zoning
Agenda Statement
Page 5 of 6
of an equal number of facilities to the applicants present and reasonably
foreseeable future requirements.
(ii)A communications tower shall not be approved if it is located within
one-half mile (two thousand six hundred forty feet) of an existing
communications tower, unless the applicant certifies that the existing
communications tower does not meet the applicant's structural
specifications and technical desi,-n requirements, or that a collocation
agreement could not be obtained.
(c) Setbacks and Safety.
(i)In all allowable zoning districts, a communications tower must be located
no less than a distance equal to the factor of 1.1 the tower height from any
lot line; or the towers highest engineered breaking point, as certified from a
person rezistered as a structural enzineer in Alaska.
(ii) The tower and facilities will be fenced for security and screenin,-
purposes, fencin,-shall be a minimum of 6 feet in hei,-ht. Landscapin,-may
be required as additional screenin,-buffer between land uses.
(W) The structure and accessory facilities shall meet all applicable laws and
code requirements includinz but not limited to health, nuisance, noise, fire,
buildinz, and safety code requirements.
(d) Zoning Requirements. With the exception for those requirements,
established within this section, the commercial communications tower must
comply with all applicable zonin,-laws and re-ulations, includinz all laws
zovernin,-land development, parkinz, lot size, and storage.
(e) Sims. No signs may be located on a communications tower except for
identification siznaze.
(� Lighting No lighting may be located on a communications tower except as
reasonably required for safety purposes or as required by the Federal
Communications Commission, Federal Aviation Administration or other
-overnment a,-ency with iurisdiction.
(g) Height. The height of a communications tower may not exceed the
maximum tower height specified in the conditional use permit or in this
section.
(3) For permits issued under subsection (1.) of this section, no decision re'-ulating the
placement, construction or modification of a communications tower may be made on
the basis of environmental or health effects of radio frequency emission if the
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Planning and Zoning
Agenda Statement
Page 6 of 6
antennas and other equipment on the communications tower comply with Federal
Communications Commission re-ulations.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (2030):
3.1.1 Attract new business and industry to
the greater Seward area.
3.1.1.2, bullet 5 (Pg. I-12) Support development of modern
communications infrastructure.
3.2.1 Promote residential and commercial development within the city
of Seward and its vicinity in accordance with community values
1 X
3.2.1.1, bullet 4 (Pg. I-13) Ensure uniform and consistent enforcement
of the zoning code, building code, subdivision ordinance, and city lease
agreements, and evaluate potential code changes to make enforcement
easier.
3.9.2.2 Preserve and Protect the scenic views of the mountains and
Resurrection Bay.
Strategic Plan (1999):
Economic Base- Goals and Objectives
* Attract New Industry—Endeavor to provide modern communication
2 infrastructure (Pg. 5, Bullet 3) X
History and Sense of Community - Goals and Objectives
* Enhance the Sense of Community Among Residents of the Greater
Seward Area—Maintain Seward's small town character throughout the
growth process (Pg. 13, Bullet 2
As per City Code §15.01.040 Public Hearings;the public notice requirements were met. At the time
of publishing this agenda public inquiry had been received.
RECOMMENDATION:
Staff recommends the Commission approve Resolution 2020-XX,recommending the City Council
enact the attached Ordinance.
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