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HomeMy WebLinkAboutOrd2020-012 Sponsored by: Planning&Zoning Commission Introduction Date: September 28, 2020 Public Hearing Date: October 12, 2020 Enactment Date: October 12, 2020 CITY OF SEWARD,ALASKA ORDINANCE 2020-012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE CHAPTER 15 REGARDING COMMERCIAL COMMUNICATIONS TOWERS TO PROVIDE SPECIAL PROVISIONS FOR SUCH LAND USE WHEREAS, Seward City Code Title 15, provides for commercial communications towers in the City of Seward; and WHEREAS, Planning and Zoning Commission staff has completed a review of portions of the City Code relating to commercial communications towers in the City of Seward; and WHEREAS, 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; and WHEREAS, the Planning and Zoning Commission held three (3) public work sessions on June 16, July 21, and August 18, 2020 to discuss code provisions addressing the process and standards for permitting communications towers; and WHEREAS, at its September 1, 2020 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed commercial communication tower code amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code Chapter 15.10 Planning and Land Use Regulations, Seward Zoning Code is hereby amended to read as follows: (Deletions are ;Additions are italicized, underlined, and bolded.) 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: * * * CITY OF SEWARD, ALASKA ORDINANCE 2020-012 27. Commercial Communications tower. A structure intended to support equipment used to transmit and/or receive communication 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. * * * * * * 15.10.226- Land Uses Allowed Table (Deletions are Bold Stril oughs; 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 Commercial Communications -0 -0 -0 0 -0 0 tower, commercial satellite dishes, wireless; towers, CC C CC C less than 16 feet diameter or 75 feet in height Commercial Communications C C C tower, 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 including the viewshed; (5) Minimize the number of towers by encouraging the colocation of facilities and maximizing the use of existing structures; (6) Provide for the ability of communications companies to enhance wireless coverage and capacity services for the City's residents, businesses, and CITY OF SEWARD, ALASKA ORDINANCE 2020-012 visitors. B. Supplemental Definitions. (1) Total height. The distance as measured from the ground at the preexisting natural grade to the topmost point of the entire tower and attachments. (2) Equipment. Refers to satellite dishes, antennas, and other wireless electronics intended to transmit and/or receive commercial communication signals. (3) Stealth facility. Any tower/facility designed to make the structure look like something other than a wireless facility. C. Permitting. The Planning Commission may approve a conditional use permit for a communications tower in the AC', HC, CB, I, RM, and INS zoning 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 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; (b) Specifications for the communications tower and all equipment to be located on it, including a description of design characteristics and material; (c)A site plan drawn to scale showing property boundaries, communication tower location, communication 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, the proposed new communications tower, expected changes to the applicant's existing coverage and capacity within the city, and/or other improvements to wireless service; (e)A report prepared by a person registered as a structural engineer in Alaska showing the structural capacity of the communications tower, the equipment type and number to be installed, and that the communications tower and antennas are designed to withstand winds in accordance with the latest revision Immo of ANSI/EIA/TIA-222 standards("Structural standards for steel CITY OF SEWARD, ALASKA ORDINANCE 2020-012 mai communications antenna towers and communications antenna supporting structures"); (n Identification of the person or persons who will own the communication 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 adjacent 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 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, and consistent to 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. (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, CITY OF SEWARD, ALASKA ORDINANCE 2020-012 6r 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 integrated 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 designed 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 existing s"' communications tower, unless the applicant certifies that the existing communications tower does not meet the applicant's structural specifications and technical design 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 of the tower height from any lot line; or the towers highest engineered breaking point, as certified from a person registered as a structural engineer in Alaska. (ii) The tower and facilities will be fenced for security and screening Qurposes, fencing shall be a minimum of 6 feet in height. Landscaping may be required as additional screening buffer between land uses. (iii) The structure and accessory facilities shall meet all applicable laws and code requirements including but not limited to health, nuisance, noise, fire, building, and safety code requirements. (d) Zoning Requirements. With the exception for those requirements, Lr established within this section, the commercial communications tower must CITY OF SEWARD, ALASKA ORDINANCE 2020-012 r..r' comply with all applicable zoning laws and regulations, including all laws governing land development,parking, lot size, and storage. (e) Signs. No signs may be located on a communications tower except for identification signage, and safety signage as required by law, regulation, and standards. (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 government agency with jurisdiction. (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. (h) Towers located on existing buildings. A communications tower may be mounted on an existing building, as long as it does not extend more than thirty feet(30') above the roofline and the applicable conditions of this section have been met. For example, if a building was constructed to its maximum allowed height of thirty-four feet (34') in a zone, a communications tower/antenna may be placed on it provided that it is not more than thirty feet(30') above the highest part of the building. (i) Variances to development requirements may be granted pursuant to applications as provided for in SCC 15.10.325 (3) For permits issued under subsection (1.) of this section, (a) No decision regulating 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 regulations. (b) All permit applications shall be processed in a timely manner under the circumstances and not unreasonably delayed. (c) Denial of any permit application shall be in writing and supported by substantial evidence. CITY OF SEWARD, ALASKA moi+ ORDINANCE 2020-012 (d) Appeals to the Board of Adjustment in the case where an application has been denied shall be made pursuant to SCC 15.10.410. Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 12`1'day of October, 2020. T TA A. ' i i iC 1 1 1..- C'sty Terry, 1 ay s AYES: Crites, McClure, Baclaan, Osenga, Seese, Terry NOES: None ABSENT: None LABSTAIN: None ATTEST: d"L Brenda J. Ballou, MC City Clerk (City Sga4 of SEW 1• 0 r .1 O •. • • 7 • s SEAL = • .... tr), t, l •�Q. ; ti, zT.of a' .Ps... Council Agenda Statement Meeting Date: September 28, 2020 To: City Council Through: Scott Meszaros, City Manager;,,,,, � Jackie C. Wilde, Community Development Director From: Eric A. Kozielski, Planner Agenda Item: Amending Title 15 of Seward City Code regarding Commercial Communications Towers to provide special provisions for such land use BACKGROUND &JUSTIFICATION: Attached for the Council's review and enactment is Ordinance 2020-012, amending Title 15 of Seward City Code regarding Commercial Communications Towers to provide special provisions for such land use Review of the code pertaining to commercial communications towers has been on the priorities list for the Planning and Zoning Commission since 2015. City Council approves the Planning and Zoning Commission priorities list. Members of the public have requested a review of the code regarding Commercial Communications Towers currently addressed in Title 15 of the City Code. Upon review, staff determined it important to provide a subsection of Chapter 15.10 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. The Planning and Zoning Commission has held public work sessions to review and update portions of the City Code pertaining to Communication Towers addressing the process and development standards for permitting of Commercial Communication Towers. Three work sessions were held on the following dates: June 16, July 21, August 18, 2020. The Planning and zoning Commission approved Resolution 2020-10 recommending City Council amend Title 15 of Seward City Code regarding commercial communications tower to provide special provisions foe such land use. INTENT: Amend Title 15 of Seward City Code regarding Commercial Communications Towers to provide special provisions for such land use. CONSISTENCY CHECKLIST: Yes No N/A _------ Comprehensive Plan(2030, approved by Council May 30, 2017): 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 1 city of Seward and its vicinity in accordance with community X values 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 (Approved by Council Resolution 99-043). Economic Base- Goals and Objectives * Attract New Industry — Endeavor to provide modem communication infrastructure (Pg. 5, Bullet 3) 2' History and Sense of Community - Goals and Objectives X * 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) PUBLIC NOTICE: As per City Code §15.01.040 Public Hearings; the public notice requirements were met. FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the Land Use Plan and change of zoning designation. Approved by Finance Department ATTORNEY REVIEW: Yes_X No PUBLIC COMMENT:. Public comment has been incorporated into the development of this ordinance through work sessions. No other comment has been received at this time. RECOMMENDATION.- The Planning Commission approved the Resolution recommending this Ordinance by a vote of 6 to 1. Staff recommends approval of the proposed ordinance Ordinance 2020-012