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HomeMy WebLinkAboutRes2021-026 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-026 A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Conditional Use Permit to ACOM Consulting Inc. to Construct a Wireless Communications Facility on the Roof of the Residence Hall on Block 29, Original Townsite of Seward, Block 29 Replat, Located at 516 Third Avenue; Within an Institutional(Ins)Zoning District WHEREAS,ACOM Consulting Inc.has applied for a Conditional Use Permit(CUP)from the Seward Planning and Zoning Commission to construct a wireless communications facility on the roof of the residence hall at 516 Third Avenue,Block 29,Original Townsite of Seward,Block 29 Replat; and WHEREAS,the property is in an Institutional(Ins)Zoning District; and WHEREAS, the existing rooftop wireless facility on this property is operated by a different carrier;and WHEREAS,residents,students,businesses,and first responders rely heavily on networks to function for daily communications;and WHEREAS,the benefit from connectivity for wireless services to the surrounding area is essential for not only communications,but for purposes of work and business as well;and • WHEREAS, the applicant has complied with all of the public hearing requirements of Seward City Code§15.01.040; NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1.According to SCC 15.10.320.D., the Commission shall establish a finding that the use satisfies the following conditions prior to granting a conditional use permit: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: The proposed use is consistent with an existing use on the facility for the proposed wireless communications facility in an Institutional Zone. The applicant's compliance with the requirements of the Seward Zoning Code and District demonstrate that the proposed facility will be safe, functional,energy efficient and compatible with Seward Planning and Zoning Commission Resolution No. 2021-026 Page 2 of 4 the proposed use. The attached site plan and narrative contained herein provides response and detail indicating the requirements of the following are met: City of Seward Zoning Code 15.10.320 Conditional Use Permit City of Seward Zoning Code 15.10.250 Commercial Communication Towers City of Seward Zoning Code 15.10.220 Development Requirements B. The value of adjoining property will not be significantly impaired. Finding: This condition has been met. The ability to utilize reliable wireless communications provides productivity, efficiency and safety for all those who live, work, or are visiting a specific area, and therefore provide additional value to the properties in which are provided this proposed service. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met. The proposal is in harmony with the Seward 2030 Comprehensive Plan(2017)and Strategic Plan(1999) Seward Comprehensive Plan(approved by Council,May 30, 2017) Vol 1 Ch 2.2.11 - Economic Base • "Provide modem communications infrastructure" Vol 1 Ch 3.1 - Economic Development • 3.1.1.2 "Support development of modem communications infrastructure" Strategic Plan (1999) Endeavor to provide modem communication infrastructure(Page 5). Promote the development of local communication networks(Page 13). D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. Construction plans, analysis, and narratives included in the application show that public services and facilities are adequate to support a wireless communications facility at the proposed location. E. The proposed use will not be harmful to the public safety, health or welfare. Finding:This condition has been met.The proposed facility will comply fully with all Federal Communications Commission (FCC) safety standards. The FCC developed those standards in consultation with numerous other agencies,including the Institute of Electrical and Electronics Engineers (IEEE), Environmental Protection Agency, the Food and Drug Administration, and the Occupational Safety and Health Administration.The standards were developed by expert scientists and engineers after Seward Planning and Zoning Commission Resolution No. 2021-026 Page 3 of 4 extensive reviews of the scientific literature related to RF biological effects over decades of wireless usage. F. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions shall be met by the applicant. These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use, and other similar aspects related to the proposed use. Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 1. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications. 2. The applicant shall work with the City Electric Department for any possible upgrades to electric utilities prior to a certificate of occupancy being issued. 3. Per Seward City Code§15.10.325(f).an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained.The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 4. Modification of fmal approval of a conditional use permit may,upon application by the permitee,be modified by the Planning and Zoning Commission: a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Section 2. The Planning and Zoning Commission finds that the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed on Section 1, Subsections A through F are met by the applicant, and authorizes the administration to issue a conditional use permit to ACOM Consulting Inc. to construct a wireless communications facility on the roof of the residence hall at 516 Third Avenue, Block 29, Original Townsite of Seward, Block 29 Replat Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320: Conditional Use Permits, and authorizes the administration to issue a conditional use permit. Additionally,the administration shall periodically confirm the use conforms to the standards of its approval. Seward Planning and Zoning Commission Resolution No. 2021-026 Page 4 of 4 Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2nd day of November 2021. THE CITY OF SEWARD,ALASKA om Swan ice Chair AYES: Swann, Seese,Ambrosiani,Charbonneau NOES: ABSENT: Verhey, Sullivan ABSTAIN: ATTEST: ends Ballow,M City Clerk (City S��031;QoR4Tq'QQ• . o . G •. �� • SEAL : - i • 10.0 ts ,• � • ti, F...............•'