Memorandum 16-127 Towers and Related Structures

Memorandum 16-127

TO:                       MAYOR WYTHE AND HOMER CITY COUNCIL

THROUGH:       KATIE KOESTER, CITY MANAGER

FROM:                 RICK ABBOUD, CITY PLANNER

DATE:                  JULY 28, 2016

SUBJECT:         DRAFT ORDINANCE AMENDING HOMER CITY CODE 21.03.040, DEFINITIONS USED IN ZONING CODE, HOMER CITY CODE 21.05.030, MEASURING HEIGHTS, AND HOMER CITY CODE 21.70.010, ZONING PERMIT REQUIRED; REPEALING HOMER CITY CODE CHAPTER 21.58, SMALL WIND ENERGY SYSTEMS; AND ENACTING HOMER CITY CODE CHAPTER 21.58, TOWERS AND RELATED STRUCTURES.

 Introduction

After a requested second look, the Planning Commission is recommending an amended ordinance.

Changes

In response to the concerns of the City Council, the Planning Commission has reviewed the ordinance and recommended three changes to the ordinance. These changes are presented in underlined italics for introduction. They constitute a change from the last ordinance the Council received, but the whole chapter, 21.58 is new to Homer City Code.

21.58.040(b): This provides that the applicant shall pay the cost of an independent technical review.

The Planning Office routinely reviews site plans and addresses code regarding site design and requires evidence that the project complies with local, state, and federal regulations. In order to control the proliferation of towers, we ask the applicant to make the case that they are unable to collocate on an existing structure, the height is the minimum necessary, and the site selected is necessary for their service with the least visual impact on other properties when compared with alternative sites. These standards require a technical review for which there is no one qualified within the city to perform. The added costs of the review are proposed to be placed upon the applicant. Generally, the better that the applicant prepares the application, the less it will cost to review. Additional costs can accrue when an application is incomplete or the evidence is inconclusive and additional information must be gained.

21.58.080 Communication tower insurance requirements.

This provides the city evidence that the structure is insured with appropriate liability coverage. We would expect that all such structures have insurance. It is required that the city be notified in the event that the coverage lapses.

21.58.090(b): Performance Boning.

This provides a bond amount to ensure that the structure is properly decommissioned. We did address the circumstances when a tower would be required to be removed in 21.58.090, but did not have any process other than a nuisance procedure in which to facilitate removal of the structure. The nuisance procedure would require the city to remove the structure and then we would have to go about recovering our costs. 

Analysis of other concerns

Concerns were expressed regarding view shed protection and limiting the amount of structures. The ordinance, as a whole, is meant to address these concerns. The view shed is addressed in the application procedure where the applicant is expected to consider alternative sites where the provision of coverage is proven necessary. We are hoping that the ordinance will limit the number of structures in requiring an examination of colocation opportunities. Placing an absolute limit on the number of structures can be problematic if it was to deny provision of services which are proven necessary and supported by federal policies. These ordinances usually encourage fewer taller structures or more shorter ones. I would say our ordinance generally encourages fewer tall structures.

The Commission did not address changing code regarding turbines/wing energy. This will require a more extensive process than addressing a few concerns about communication towers. So far, we have had no resent inquiries from those wishing to set up residential wind energy systems. This will be placed on the Commission work list.

This is quite a complex ordinance, taking us into places we have not really gone into before. If you see things you question or changes you would like to suggest please contact Administration, so that we might research any proposed amendments.

Recommendation:

The Homer Advisory Planning Commission recommends that the Homer City Council adopt this Ordinance 14-18(A)(S-2).

Attachments

Ordinance 14-18(A)(S-2) and backup material from Planning Commission.