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Home My WebLink AboutRes2022-016 CUP 313 Sixth Ave Sponsored by: Applicant Public Hearing Date: August 2, 2022 Amended & Approved: August 2, 2022 CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2022-016 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO ROBERT AND SUSAN WHITE TO INSTALL A RADIO ANTENNA, ON LOT 14A, BLOCK 17, SEWARD ORIGINAL TOWNSITE WHITE REPLAT; LOCATED AT 313 SIXTH AVE; WITHIN AN AUTO COMMERCIAL (AC) ZONING DISTRICT WHEREAS, Robert and Susan White have applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to install a radio antenna at 313 Sixth Avenue, Lot 14A, Block 17, Original Townsite of Seward White Replat; and WHEREAS,the property is in an Auto Commercial (AC)Zoning District; and WHEREAS, the definition of a commercial communications tower in Seward City Code is "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"; and WHEREAS,there is no definition in Seward City Code for a"amateur radio antenna" or the type of tower that can support it; and WHEREAS,the radio antenna will be used by Christian Broadcasting, a non-commercial radio station operator; and WHEREAS,the proposed radio tower is self-supporting and will not have any guy-lines; and WHEREAS, photos of"amateur radio antennas" located in other places are very similar to the proposed radio antenna to be placed at 313 Sixth Avenue; and WHEREAS, Seward City Code, 15.10.125(b) states, "In cases of reasonable doubt as to whether a use is permitted in a specific zone, the guidelines established for conditional uses in section 15.10.320 shall apply;"and WHEREAS, acquiring a conditional use permit has been recommended for the proposed use of a radio antenna at 313 Sixth Ave; and Seward Planning and Zoning Commission Resolution No. 2022-016 Page 2 of 4 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 Land Use Table in City Code §15.10.226 allows antennas in all zoning districts and allows a Commercial Communications tower in an Auto Commercial Zoning District with an approved Conditional Use Permit. These two uses are comparable to the proposed use of an amateur radio antenna.According to Seward City Code §15.10.125,a Conditional Use Permit has been required. B. The value of adjoining property will not be significantly impaired. Finding: The surrounding properties are primarily zoned Auto Commercial and Central Business. There are three large communication towers located one block to the west of the proposed location for the radio antenna. 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, Chapter 2.2.11 —"Provide modern 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. Current utilities on the property are adequate to support a radio antenna. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: The applicant will acquire a building permit and provide structural engineering for both the tower and foundation prior to installation. Seward Planning and Zoning Commission Resolution No. 2022-016 Page 3 of 4 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. Applicant must acquire a building permit and provide structural engineering for both the tower and foundation prior to installation of the tower. 2. No cabling or guy-wires may be used. 3. Anti-climb panels must be installed on the lower portion of the tower, or a fence must be built around the base of the tower. 4. The tower must be removed and the site restored to its original condition within 180 days after the tower is substantially unused for a period of 12 consecutive months. If the tower is not removed within this 180-day period, the City may remove the tower at the cost of the owner. 5. Applicant must provide proof of a valid FCC license for the use of the tower before final installation. 6. If the installed radio tower causes interference with any other radio stations, it must be addressed and rectified immediately. 7. 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. 8. Modification of final 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 Robert and Susan White to install a radio antenna at 313 Sixth Ave, Original Townsite of Seward White Replat, Lot 14A, Block 17. 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: Seward Planning and Zoning Commission Resolution No. 2022-016 Page 4 of 4 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. Section 4. This resolution shall take effect ten(10) days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2nd day of August, 2022 THE CITY OF SEWARD,ALASKA are Sullivan, Chair AYES: Hornseth, Staggs, Sullivan NOES: Verhey ABSENT: Charbonneau, Monaco ABSTAIN: None VACANT: One ATTEST: Brenda Ballow, MC City Clerk ,,%% $I 1tttt•. iteV1 sS% 4 OF SF'''•. (C. 0°po• .9 ,: S ; - • - r ., `L OFALP �• Ars,s1tttett*ttt