HomeMy WebLinkAbout08182020 Planning & Zoning Work Session Packet II Planning and Zoning Commission -Work Session
August 18, 2020 6:00 PM Seward Library Community Room
Topic:Draft code of ordinance updates for communication towers
PUBLIC NOTICE
TEMPORARY PROCESS FOR PUBLIC PARTICIPATION AT THE AUGUST 18, 2020 SEWARD
PLANNING AND ZONINIG COMMISSION WORK SESSION
The Seward Planning and Zoning Commission will hold a Work Session on Tuesday, August 18,
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 Public
Participation have been created:
How to Attend the Work Session in person:
Due to the size of the Library Community Room and the required social distancing no more than
10 members of the community can be in the room at one time with the commission. If there
are more people interested in attending in person groups of 5 will be rotated in from distanced
waiting stations in the hall. Participants will be required to wear a face covering during the
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.
How To Submit Your CITIZEN COMMENTS
1. Email your written Citizen Comments to planning@citvofseward.net no later than 2: 00 p.m.
on Tuesday, August 18, 2020. Identify whether you want your comments READ ALOUD at the
meeting or EMAILED to the commission upon receipt. Comments requested to be read aloud
will be delivered verbally to council by the planner during Citizen's Comments. 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.
All Citizen Comments will be timed and limited to three minutes. The telephone number will be
called ONE time; if there is no answer, the planner will move on to the next citizen.
Thank You For Your Cooperation!
Packet Contents
1. Draft Agenda Statement including proposed changes to Title 15 of the Seward Code of
Ordinances pertaining to Communications Towers..........................................03
2. AT&T redline version of the proposed Communication Tower code changes.......... 09
This as presented has been reviewed and approved by the City Attorney.
Specific additions, deletions or changes are explained as follows:
(added language is italicized, underlined, and bolded; Deleted langtiage is str4eken
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/or receive telecommunication signals including monopoles, guyed and lattice steel
structures. This definition does not include a tower that supports only one or more amateur radio
antennas.
15.10.226 Land uses allowed.
(f) Commer-eial eleetr-onie towers, satellite dishes and antennas are allowed fiff
neeor-danee with table 15.10.225 of this ehapter subjeet to the site being feneed
15.10.226 - Land Uses Allowed Table
(Deletions are Bold Str•-ikethrou Additions are Bold Italic Underline)
Districts: Principally Residential Principally Principally
Commercial Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Communications, -0 -0 -0 9 9 9
commercial satellite dishes,
wireless, towers, poles, and C C C C C C
antennas less than 16 feet
diameter or 75 feet in height
Communications, C C C
commercial satellite dishes,
wireless, towers, poles, and
antennas 16 feet diameter or
greater than 75 feet in height
15.10.250—Commercial Communications Towers.
A. Purpose. The purpose of this section is to establish a process, rules, and standards
for the siting 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 includin'- the
viewshed,
(5) Minimize the number of towers by encouraging the colocation of facilities
and nwximizin,-the use of existin,-structures;
(6) Provide for the ability of communications companies to enhance wireless
covera,-e 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
natural -rade to the topmost point of the entire tower and attachments.
(2) Stealth facility. Any tower/ antenna irate'-rated into a structure as an
architectural feature, or Navin,- a desi,-n that minimizes the visual footprint
of the tower throe,-h desi,-n.
C: Permittin,-. The Plannin,- Commission may approve a conditional use permit for a
communications tower in the AC, HC, CB, I, RM, and INS zonin,-districts, subject
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 followin,-information:
(a)A written narrative explainin,-why the proposed site has been chosen, why
the communications tower is necessary, why the requested hei,-ht was chosen,
and a full explanation re,-ardin,-the communication tower's ability to
accommodate other providers, and
(b) Specifications for the communications tower and all antennas to be located
on it, includin,-a description of desi,-n characteristics and material;
(c)A site plan drawn to scale showing property boundaries, telecommunication
tower location, telecommunication tower hei,-ht, -uv wires and anchors and
existin,-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 chap,-es to the applicant's existin,-cellular covera,-e
and capacity within the city,
(e)A report prepared by a person re,-istered as a structural en,-ineer in Alaska
showin,-the capacity by type and number of the communications tower and
antennas, and that the communications tower and antennas are desi,-ned to
withstand winds in accordance with the latest revision of*ANSIIEIA/TIA-222
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,
(i) A line of*sight analysis showing the potential visual and aesthetic impacts of
the communications tower on adiacent residential districts through the use of
photo simulations of the communications tower, including all antennas,
structures, and equipment, using the vantage points and number of photo
simulations requested by the planning department;
(i) A written agreement, on a form approved by the city attorney, to remove the
communications tower and restore the site to its original 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 planning department during the
application process for determination that all applicable zoning 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
surrounding area while allowing the communications tower to function in
accordance with minimum standards imposed by the applicable
communications regulations and the applicant's technical design
requirements.
(ii) Communications towers and attached antennas and equipment must be
a color that blends with the surrounding environment or complementary to
the viewshed. Muted colors, earth tones, and subdued hues, such as gray,
are preferable. All associated structures such as equipment buildings,
including the roofs, shall be painted with earth tone colors unless otherwise
required under this code or other applicable law.
(iii) 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 facility,
hidden, or inte-rated as an architectural feature of a structure, to reduce its
visual impact.
(b) Inability to Collocate.
W The applicant must show that it is not feasible to locate the proposed
communications antenna and equipment on an existin,-structure within the
area required for service. New towers shall be desiened to allow collocation
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 existinz
communications tower, unless the applicant certifies that the existin,-
communications tower does not meet the applicant's structural
specifications and technical desi,-n requirements, or that a collocation
a,-reement could not be obtainetL
(c) Setbacks and Safety.
0)In all allowable zonin,-districts, a communications tower must be located
no less than a distance equal to the factor of LI the tower hei,-ht from any
lot line, or the towers hi,-hest en,-ineered breakin,-point, as certified from a
person re,-istered as a structural en,-ineer 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. Landscaping may
be required as additional screenin,-buffer between land uses.
(iii) The structure and accessory facilities shall meet all applicable laws and
code requirements includin,-but not limited to health, nuisance, noise, fire,
buildin,-, 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, includin,-all laws
-overnin,-land development, parkin,-, lot size, and stora,-e.
(e) Signs. No signs may be located on a communications tower except for
identification si,-na,-e.
(f) 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 jurisdiction.
(A Hei,-ht The hei,-ht of a communications tower may not exceed the
maximum tower hei,-ht specified in the conditional use permit or in this
section.
(3) (a) For permits issued under subsection (1.) of this section, no decision
re,-ulatin,-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 antennas and other equipment on the
communications tower comply with Federal Communications Commission
re-ulations.
(b)All permit applications shall be processed in a timely manner under the
circumstances and not unreasonably delayetL
(c) Denial of any permit application shall be in writin,-and supported by
substantial evidence.
SUGGESTED CHANGES FROM AT&T-08/07/2020
P&Z Agenda Statement
Meeting Date: August 4,2020
Through: Jackie C.Wilde,Community Development Director 16
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 forthe 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 Strikethroughs:Additions are Bold Italic Underline)
15.10.140 DeFmitions(b)
b.Snecificdefinitions.(Parenthetical references are for cross-reference only.)In this chapter,unless
otherwise provided or the context otherwise requires:
27. Commercial cGommunications tower A structure intended to support eauipment used _ - Commented tMOUII:This language does not match the
to transmit and/or receive&elecommunication sienals includine monopoles. euved and lattice steel language used m the Use Table. Suggest consistency of
structures. This definition does not include a tower that supports only one or more amateur radio terminology throughout the code. Also,the description in
the Use Table appears more expansive. Suggest clarifying
the scope of the permitted/conditional wireless uses,
including attachment of antennas to existing structures,
compared with the criteria specific to towers.
4
Planning andZoning
Agenda Statement
Page 5 of 6
antennas.
15.10.226 Land uses allowed.
15.10.226-Land Uses Allowed Table
(Deletions are Bold Strikethroughs:Additions are Bold Italic Underline)
Districts: Principally Residential Principally Principally
Commercial Public
Uses RR RI R2 R3 UR O AC HC CB 1 RM INS p
Communications,commercial C C C C P 0 B po Op ag O Commented[MOU21:Suggest allowing shorter wireless
P — — facilities in residential zones,including attachments to
Satellite dishes, wireless; existing structures,because in-home need is substantial. See
towers,poles,and antennas CDC Wireless Substitution: State-Level Estimates from the
less than 16 feet diameter or 75 National Health Interview Survey(released December
2019)(Well over half(57.3%)of Alaska homes no longer use
feet lri height*** traditional landline telephone service and instead choose to
Communications,commercial C C C C be wireless only).
satellite dishes, wireless; Commented[MOU31:What about wireless facilities
towers,poles,and antennas 16 attached to existing structures in the commercial zones9
feet diameter or greater than 75 AT&T suggests the City continue to allow them without a
Conditional Use Permit,as a procedural incentive to use
Feet in height existing structures where feasible. This approach is
consistent with the City's proposed preference for
collocation.
Oi;;ible Facilities Requests are permitted outright in every Zoning district pursuant to 47 CFR Commented[MOU41:Suggest still allowing shorter towers
1.6100. and attachments to existing structures in more intense zones
without a Conditional Use Permit. This can incentivize
tower/WCF placement in those zones.
(Recommending add Section 15.10.250) Commented[MOU51:Suggest allowing wireless facilities
15.10.250-Commercial Communications Towers. in the Parks zone,where they can typically be screened with
mature vegetation,etc.
A. Purpose. 7he12u&12ose ofthis section is to establish a process,rules,and standards
Commented[MOU61:For consistency with federal law
for the.siting and construction of wireless communication facilities to: requiring local approval of certain modifications to existing
Protect and promote public health..cafety and welfare: wireless facilities. See 47 CFR§1.6100. AT&T is happy to
Ensure that facilities are compatible with adjacent land uses: provide sample checklists and applications for processing
Provide guidelines for the citing and design of communication facilities: these requests.
(4) Protect the City's environmental and economic resources including the
vi w
Minimize the number oftowers by encouraging the col,,ocation of
facilities and max_jmizjngthe u_.ce of e_xctjngstru_ctu_rec:
M Provide for the ability ofcommunications companies to enhance wireless
coverageandcanacitvservices fortheCitv'sresidents,businesses.andvi_citors,
B. Supplemental Definitions.
L11 Total height. The distance ric mericured Pram the ground at the nreexj_cting
5
Planning andZoning
Agenda Statement
Page 6 of 6
natural grade to the topmost point of the entire tower and attachments.
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,including use of paint color and/or screening, or any
tower/antenna designed to appear as something other than wireless acilit,
such as a monotree.
C. Permitting.The Planning Commission may approve a conditional use pennit
for a communications tower in the�C.HC.CB.11M7 and INS koning districts. Commented[MOU71:See suggested changes in use table
subiectto the conditions in this section and sections 15.10.220,15.10.320. above.
The application fora conditional use permit fora 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 reauested 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,
telecommunications tower location,telecommunications tower height, guy
wires and anchors and existing structures and land uses on the site and on
adiacent property:
(d)A may and narrative showing the locations of the applicant's existing
communications towers that serve customers within the city. Commented[MOU81:Plans for future construction are
that the apphea eign64iwet the proposed new communications proprietary. In contrast,the Kenai code's requirement is
limited to information in the public record.
tower,and the a2t*says�hanges to the applicant's existing nt^ wireless
coverage and capacity within the city and/or other improvements to wireless Commented[MOU91:under federal law,the applicant is
service,_ not required to show a gap in coverage or capacity. The
proposal may provide other service improvements,such as
introducing a new technology. Accelerating Wireless and
(c)A report prepared by a person registered as a structural engineer in Alaska Wireline Broadband Deployment by Removing Barriers to
showing the structural capacity of the communications tower Infrastructure Investment,Declaratory Ruling and Third
fiffnibef-eL .. ...,.a...,.s...,..,...,..and that th
Report and Order,33 FCC Red 9088(2018),¶¶16&37.
e
communications tower and antennas are designed to withstand winds in
accordance with the latest revision of ASIIEIAITIA1222 standards
("Structural standards forsteel communications antenna towers and
communications antenna supporting structures")hand will contain only
eauuipment meeting Federal Communications Commission rea8uirement4 Commented[MOU101:This doesn't appear to be a
structural issue. What does the City intend here?
�{ Identification of the person or persons who will own the
telecommunications tower and the equipment that is to be located on it:
9
Planning andZoning
Agenda Statement
Page 7 of 6
fgZ Written authorization for the application from the owner of the site:
hh)Evidence that the applicant has a valid FCC license for the use of
the communications tower:
Lil A line ofsight analysis showing the Potential visual and aesthetic impacts of
the communications tower on adiacent residential districts through the use of
Photo simulations of the communications tower, including all antennas.
structures,and equipment, using three vantage Points and--• Photo
simulations from locations reauested by the Planning department:
(i)A written agreement,on a form approved by the city attorney,to remove the
communications tower and restore the site to its original condition,with the
foundation leveled off to be consistent with the natural grade, 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 planning department during the
application Process for determination that all applicable zoning laws are met.
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.
The Proposed location shall minimize the visual impact on the
surrounding area while allowing the communications tower to function in
accordance with minimum standards imposed by the applicable
communications regulations and the applicants technical design -- Commented[MOU11]:What does the City intend
requirements. here/mean by"applicable communications regulations"?
LiL Communications towers and attached antennas and equipment must be
a color that blends with the surrounding environment or complementary to
the viewshed Muted colors, earth tones, and subdued hues,such as steel
gray, are Preferable.All associated structures such as equipment buildings._
including the roofs, shall be Painted with earth tone colors unless otherwise
required under this code or other applicable law, or as may be more
compatible with existing nearbv structures.
iii rrn H444�~Where a communications tower�is proposed to
be located within a historic district F20H40~`AIP ' '��'���~'1bY`� � Commented[MOU12]:Suggest a more objective test for
^"4fFIa44^h^'"^^`^'"^�"" ^^^"^'" the Planning Commission when stealth design may be required to provide more
may require that the communications tower be stealth facility. hidden, or predictability for residents and carriers.
integrated as an architectural feature of a structure, to reduce its visual
impact.
9
Planning andZoning
Agenda Statement
Page 8 of 6
(b)Inability to Collocate.
The applicant must show that it is not feasible to locate the Proposed
communications antenna and eauipment on an existing structure within the
area reauired forservice.New towers shall be designed to allow collocation
of an eaual number of facilities to the applicants present and reasonably
foreseeable future reauirements.
ii A communications tower shall not be approved if it is located
within one-14Et*quarter�ile (ib'B-One thousand&k—three hundred _ Commented[MOU13]:When carriers use higher
twenty feet)of an existing communications tower, unless the applicant frequencies,towers serve a reduced area,necessitating closer
placement of towers. Further,wireless sites providing
certifies that the existing communications tower does not meet the indoor coverage and additional capacity often need to be
applicant's structural specifications and technical design placed nearer the user. Kenai uses 1,000 feet for this
reauirements. or that a collocation agreement could not be obtained. standard.
(c)Setbacks and Safety.
In all allowable zoning districts,a communications tower must be located
no less than a distance eaual to Mtn'f�� 4;c of'.'the tower height from any
Geoff-site residence:&Y- rovided that, the "tower hei!?ht"used in this
measurement may be the tower's highest engineered breaking point,as
certified from a Person registered as a structural engineer in Alaska: — Commented[MOU141:AT&T is concerned about the
provided further, that setback reductions are allowed when better impact of this standard where city lots are small,such as in
the downtown. Does the City require structure-height
screennm,,may be provided in another location on the site. setbacks for other construction?
LiL The tower and facilities will be fenced for security and screening
purposes, fencing shall be a minimum of 6 feet in height.Landscaping may
be reauired as additional screening buffer between land uses.
LiiL The structure and accessory facilities shall meet all applicable laws and
code reauirements including but not limited to health, nuisance, noise, fire,
buildinz and safety code reauirements.
(d)Zoning Requirements. With the exception for those reauirements,
established within this section,the commercial communications tower must
comply with all applicable zoning laws and regulations.including alllaws
governing land development. Parking, lot size, and storage.
(e)Signs.No signs may be located on a communications tower except for
identification signage:provided that, safetv si!,nm'e is allowed as
required by applicable laws, regulations,and standards.
(I)Lighting.No lighting may be located on a communications tower except as
reasonably reauired for safety Purposes or as reauired by the Federal
Communications Commission,Federal Aviation Administration or other
government agency with iurisdiction.
9
Planning andZoning
Agenda Statement
Page 9 of 6
(g)Height. The height of 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 0.)of this section,no decision regulating
the placement,construction or modification of a communications tower maybe
made on the basis of environmental or health effects of radio frequency emission if
the
antennas and other eauipment on the communications tower Comply with Federal
Communications Commission regulations,
CONSISTENCY CHECKLIST: Yes No NIA
Comprehensive Plan(2030):
3.1.1 Attract new business and industry to
the greater Seward area.
3.1.1.2,bullet 5(Pg.1-12)Support development of modern
communications infrastructure.
3.2.1 Promote residential and commercial development within the city
1 of Seward and its vicinity in accordance with community values X
3.2.1.1,bullet 4(Pg. 1-13)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.
9