HomeMy WebLinkAbout2018-08-08 Planning & Zoning PacketAGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
AUGUST 8, 2018 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
http://www.kenai.city
1. CALL TO ORDER
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused absences
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
2. *APPROVAL OF MINUTES
a. July 25, 2018 ................................................................................................................ 1
3. SCHEDULED PUBLIC COMMENT
(Public comment limited to ten (10) minutes per speaker)
4. UNSCHEDULED PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
5. CONSIDERATION OF PLATS - None
6. PUBLIC HEARINGS - None
7. UNFINISHED BUSINESS - None
8. NEW BUSINESS
a. Surface Extraction Code Discussion - Discuss potential updates to the surface
extraction code to obtain a permit .............................................................................. 5
b. Sign Code Discussion – Discuss plans to update the sign code .............................. 13
9. PENDING ITEMS - None
10. REPORTS
a. City Council …………………………………………………………………………………...15
____________________________________________________________________________________
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
AUGUST 8, 2018 - 7:00 P.M.
Page 2 of 2
b. Borough Planning …………………………………………………………………………....19
c. Administration
11. ADDITIONAL PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
12. INFORMATIONAL ITEMS
13. NEXT MEETING ATTENDANCE NOTIFICATION: August 22, 2018
14. COMMISSION COMMENTS AND QUESTIONS
15. ADJOURNMENT
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
JULY 25, 2018 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
VICE CHAIR BOB SPRINGER, PRESIDING
MINUTES
1. CALL TO ORDER
Commission Vice Chair Springer called the meeting to order at 7:02 p.m.
a.Pledge of Allegiance
Commission Vice Chair Springer led those assembled in the Pledge of the Allegiance.
b.Roll Call
Commissioners present: Vice-Chair R. Springer, D. Fikes, K. Peterson, G.
Greenberg, J. Halstead, V. Askin
Commissioners absent: Chair J. Twait
Staff/Council Liaison present: City Planner E. Appleby, Deputy City Clerk J. Kennedy,
Planning Assistant W. Anderson, Council Liaison H.
Knackstedt
A quorum was present.
c.Agenda Approval
MOTION:
Commissioner Askin MOVED to approve the agenda and Commissioner Halstead SECONDED
the motion. There were no objections; SO ORDERED.
d.Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda and Commissioner Halstead
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
e.*Excused absences – Jeff Twait.
City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 1 of 26
2. *APPROVAL OF MINUTES:June 27, 2018
The minutes were approved by the Consent Agenda.
3. SCHEDULED PUBLIC COMMENT:(10 minutes) None scheduled.
4. UNSCHEDULED PUBLIC COMMENT: (3 minutes) None.
5. CONSIDERATION OF PLATS – None.
6. PUBLIC HEARINGS – None.
7. UNFINISHED BUSINESS – None.
8. NEW BUSINESS
a.*Resolution No. PZ2018-35 - Application for a Home Occupation Permit to operate a
gunsmithing, repair, and selling of firearms business from the existing garage located at
115 Haida Dr., submitted by Andrew Whipple, 115 Haida Dr., Kenai, AK 99611
The rules were suspended and consideration was taken to amend the motion of the Consent
Agenda.
MOTION TO AMEND:
Commissioner Peterson MOVED to amend the Consent Agenda, removing item 8(a) and
Commissioner Askin SECONDED. There were no objections; SO ORDERED.
City Planner Appleby reviewed the staff report and explained how the applicant’s intended use
met the development requirements for a Home Occupation Permit. Appleby noted that City Staff
recommended the Planning and Zoning Commission approve the application for a Home
Occupation Permit to operate a gunsmithing, repair, and selling of firearms business from the
existing garage on this residential property, subject to the following conditions:
x Applicant must comply with all Federal, State, and local regulations, including, but not
limited to regulations imposed by the Bureau of Alcohol, Tobacco, and Firearms;
x Prior to operation, the applicant must submit a copy of the federal firearms license issued
by the Bureau of Alcohol, Tobacco, and Firearms to the City of Kenai; and
x If the Fire Marshall for the City of Kenai deems it necessary to perform a fire inspection,
pursuant to KMC 14.20.230(h)(2), the premises shall be inspected for compliance with the
Fire Code (KMC 8.05). Failure to comply with the Fire Code (KMC8.05) shall be grounds
for the suspension or revocation of the home occupation permit.
MOTION:
Commissioner Peterson MOVED to adopt Resolution No. PZ2018-35 with staff recommendations
and Commissioner Askin SECONDED the motion.
It was noted a clerical error was made only on the agenda and the resolution number should be
PZ2018-17. Staff noted the number change in the motion by Commissioner Peterson. There were
City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 2 of 26
no objections to the correction being reflected in the motion.
Vice Chair Springer opened the floor for public testimony; there being no one wishing to be heard,
the public testimony was closed.
Clarification was provided that there would not be any use of heavy machinery, alleviating any
noise concerns. The applicant also clarified that he did not apply for a manufacturing or reloading
license and the business would be focused on adjusting sights, cleaning, polishing, and
tampering. He added that he did not intend to move in the near future, as it would result in having
to re-apply for his license to operate the business.
VOTE:
YEA: Springer, Halstead, Peterson, Fikes, Askin, Greenberg
NAY:
MOTION PASSED UNANIMOUSLY.
b. Commercial Marijuana Facility Update – Statistics on facilities permitted by the
Planning and Zoning Commission
City Planner Appleby reviewed the Marijuana Facility Statistics as provided in the packet with
maps showing the location of all facilities, manufacturing facilities, retail facilities, and cultivation
facilities within Kenai.
She noted two marijuana facilities were denied approval. The standard cultivation facility, Lone
Fox Farms was deemed incompatible within the residential zoning district while the other facility,
Majestic Gardens did not meet buffer requirements. Neither of them were included on the maps.
Appleby additionally noted the Kenai Police Department received no calls for service at any of the
addresses for permitted marijuana facilities. She further reported that the discussion of State of
Alaska onsite use regulations was delayed and expected in August. Appleby noted that City staff
recommended the Planning and Zoning Commission not spend time at present considering
updates to the Kenai Municipal Code related to marijuana facilities until after the State’s
discussion on onsite consumption was determined.
The City Planner was thanked for the report and update.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reviewed the action agenda from the July
5 City Council Meeting. He specifically noted the Kenai Municipal Airport Terminal was
going through a substantial design change phase and provided an update on the status.
b. Borough Planning – Commissioner Fikes reported that the Commission met on July
16; noted five plats were approved; specifically noting a controversial one that was
approved, located off Ciechanski Road, Virginia Drive with covenants and restrictions.
She added that a conditional land use permit for a cannabis business was approved;
and an extraction site use permit on an Anchor Point homestead lot was not approved
City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 3 of 26
and may go to the Board of Adjustment for review.
c. Administration – City Planner Appleby reported staff has been helping manage the
dipnet personal use fishery, responded to some land sale and leasing inquiries, and was
updating policies and tracking procedures, including lands as part of a larger effort of to
create a City alliance plan. She noted updating the Sign Code was a priority. She further
reported that she attended the Rotary Club of Soldotna’s Economic Development Forum
on July 23 and expected that surveys would be sent to residents of Kenai. She clarified
that the result would be a report of industries that were compatible and desirable to be
located within the City of Kenai, the Kenai Peninsula Borough and possibly the City of
Homer and City of Soldotna.
Appleby clarified the Kenai Sign Code was not clear and not concurrent with Federal law about
signs. She noted she would have an update and timeline at the next Commission meeting.
11. ADDITIONAL PUBLIC COMMENT – None.
12. INFORMATIONAL ITEMS
a.Planning and Zoning Resolutions – Second Quarter 2018
b.Code Enforcement – Second Quarter 2018
c.Building Permits – Second Quarter 2018
d.Memorandum of Agreement Between City of Kenai and Kenai Municipal Borough for
Hazard Mitigation Plan Coordination
Appleby provided a summary of the informational items in the packet.
13. NEXT MEETING ATTENDANCE NOTIFICATION: August 8, 2018
Commissioner Greenberg noted he would be absent.
14. COMMISSION COMMENTS & QUESTIONS
There was discussion about updating code similarly to the Kenai Peninsula Borough that
restricts development within the flood plain. City Planner Appleby noted she would provide more
information to help the Commission make a recommendation and setting a date for a work
session at the next meeting.
Commissioner Fikes thanked Appleby for the report around the Marijuana Facilities in Kenai.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:44 p.m.
Minutes prepared and submitted by:
_____________________________
Jacquelyn Kennedy
Deputy City Clerk
City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 4 of 26
MEMORANDUM
TO:Planning and Zoning Commission
FROM:Elizabeth Appleby, City Planner
DATE:August 2, 2018
SUBJECT:Review of City Code for Surface Extraction of Natural Resources Permit
____________________________________________________________________________
Current Surface Extraction of Natural Resources Permits
There are nine active surface extraction permits for gravel pits in the City of Kenai. Eight of the
pits are off of Beaver Loop Road, and one is off of Bridge Access Road. The pits are in various
stages of reclamation; not all listed are solely active pits and some visually look more like lakes
than gravel pits at this point in time. Three permits were granted in the 1970s, two were granted
in the 1980s, two were granted in the 1990s, and one was granted in 2015. All are within the Rural
Residential Zone, except for the 2015 permit within the Heavy Industrial Zone. Table 1 on page 2
lists the nine active surface extraction permits, and the attached Map 1 shows their location in the
City.
Surface extraction permit holders are required to complete an annual report of their operations,
including details of cleared areas, the current working area, reclaimed areas, and the quantity of
extracted materials. Operations must be done in accordance with the site plan, and site plans
may be amended if requested in writing and approved by the City Planner and the Planning and
Zoning Commission. Surface extraction permits may be transferred to a different owner also if
requested in writing and approved by the City Planner and the Planning and Zoning Commission.
The City Planner may revoke surface extraction permits if a pit is unused for a period of three (3)
years. Per Kenai Municipal Code (KMC) 14.20.155, the City Planner shall submit the surface
extraction permit holders’ annual reports and compile a summary report for the Planning and
Zoning Commission. This memorandum serves as a status update in order to consider KMC
amendments, and will be referenced in creating future annual summary reports of surface
extraction within the City.
City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 5 of 26
Page 2 of 3
Review of City Code for Surface Extraction of Natural Resources Permit
Table 1. Active Surface Extraction Permits Within the City of Kenai
KPB
Parcel
No.
Address Operator/
Owner
Previous
Operator/
Owner
Year
Permit
Granted
Year of
Permit
Transfer
Year
Permit
Amended
Last Year
of Filed
Annual
Report
Zoning
District
4911029
4911031
4911030
4904037
4904036
2817 Beaver Loop Rd
3073 Beaver Loop Rd
2881 Beaver Loop Rd
1605 Cone Ave
835 Gravel St
Estate of Mavis
Cone
Chester Cone;
Mavis Cone,
Leased to
Meek's
1975
2016--
notes no
activity.
Rural
Residential
4912003 2081 Beaver Loop Rd
Foster DBA
Twin River
Resources, Inc.
Chester Cone
DBA Cone
Enterprises
1976 1995 2017
Rural
Residential
4912051 2369 Beaver Loop Rd David Yragui
James and
Mary Doyle 1977 2018
1992, 1993,
2003, 2005,
2016
2017 Rural
Residential
4949033 1001 Angler Dr
Foster DBA
Angler
Enterprises
Chester Cone
Olson &
Beaudoin
1984 2017
Rural
Residential
4904094
4904081
805 Gravel St
751 Gravel St
Peninsula
Commercial
Ventures
Ed and Joanna
Hollier;
Zubeck, Inc.;
Beaver Loop
Pit LLC
1988 2018, 2016,
1997 2017 Rural
Residential
4949021 3713 Beaver Loop Rd
Michael J.
Pelch DBA
M.P.
Properties, LLC
1992 2002 2017
Rural
Residential
4912001 1857 Beaver Loop Rd
Dan Krogseng
DBA AA Dan's
Construction
1996 2017 Rural
Residential
4935012 601 Childs Ave
Mike Brown
DBA Big Mike's
Construction
Greg Duggin
and Tom
Reese
2015 2016 2015 2017
Heavy
Industrial
City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 6 of 26
Page 3 of 3
Review of City Code for Surface Extraction of Natural Resources Permit
City of Kenai Floodplain and Surface Extraction of Natural Resources
Currently, KMC allows for surface extraction within the floodplain. The extraction must be in
harmony with the Comprehensive Plan, which states as objectives to protect the Kenai River and
to minimize impacts to dunes and wetlands. Permit applications must also address the water table
depth and back slopes. The City of Kenai also follows the Kenai Peninsula Borough habitat
protection district within 50 feet of anadromous streams. The attached Maps 2 and 3 show the
City of Kenai high-hazard coastal areas, 100-year floodplain (1% flood chance), 500-year
floodplain (0.2% flood chance), and undetermined areas. Via email, the River Center confirmed
all permitted gravel pits are outside of the floodplain, despite not having an official federal flood
panel map for some of them.
Site Plan Requirements for Surface Extraction of Natural Resources
KMC 14.20.151 lists requirements for the site plan to be submitted as part of an application for a
conditional use permit for surface extraction of natural resources. The site plan must be drawn to
scale, show topographical contours, and access points.
City Staff Recommendation
I recommend the Planning and Zoning Commission consider a Code amendment that would not
allow surface extraction of natural resource conditional use permit applications within the 100-
year floodplain, 500-year floodplain, or high-hazard coastal areas in currently mapped floodplain
areas. No existing permitted gravel pits fall into these areas.This would provide clarity to
developers and prevent the City from evaluating a permit application not consistent with the
Comprehensive Plan objectives to protect the Kenai River, dunes, and wetlands.
I also recommend amending the site plan submission requirements for a conditional use permit
for surface extraction of natural resources to state the site plan must be certified or prepared by
the appropriate professional discipline, likely a surveyor or engineer. This would ensure the City
receives a site plan that clearly states the proposed development, and the applicant has a greater
understanding of what they are proposing. Similar requirements exists under Code for the Kenai
Peninsula Borough and the City of Palmer.
If the Commission agrees with these recommendations or have other recommendations, City staff
will draft changes to the Code for review at a future meeting of the Planning and Zoning
Commission. Thank you for your consideration.
City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 7 of 26
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City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 8 of 26
BEAVER LOOP RDBRIDGE ACCESS RDM ST AMES RDANGLER DRHOLLIER STCONE AVE
BARABARA DR0DS Permitted Gravel Pits in the City of Kenai
1,300 '.Generated:7/30/2018
Big Mike's
Construction
Peninsula Commercial Ventures
Twin River
Resources
M. P. Properties
A A Dan's
Construction D. Yragui
Angler EnterprisesEstate of
Mavis Cone;
leased to
Meek's
in the past
City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 9 of 26
0DS The Floodplain in the City of Kenai
3,900 '
Generated:7/30/2018
Legend
500 Year Flood Boundary
Undertermined Flood Risk
100 Year Flood Boundary
Coastal
High Hazard Areas;
Waves over 3 feet
in 100 Year Flood
.
City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 10 of 26
BEAVER LOOP RDBRIDGE ACCESS RDM ST AMES RDANGLER DRHOLLIER STCONE AVE
BARABARA DR0DS Permitted Gravel Pits and the Floodplain
1,300 '
Generated:
7/30/2018
Big Mike's
Construction
Peninsula Commercial Ventures
Twin River
Resources
M. P. Properties
A A Dan's
Construction D. Yragui
Angler EnterprisesEstate of
Mavis Cone;
leased to
Meek's
in the past
Legend
500 Year Flood Boundary
Area not officially mapped by FEMA
100 Year Flood Boundary
Permitted Gravel Pits
Coastal
High Hazard Areas;
Waves over 3 feet
in 100 Year Flood
.
City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 11 of 26
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MEMORANDUM
TO:Planning and Zoning Commission
FROM:Elizabeth Appleby, City Planner
DATE:August 2, 2018
SUBJECT:Sign Code Update
____________________________________________________________________________
Signs are regulated under Kenai Municipal Code (KMC) 14.20.220. Updating the sign code was
listed as a priority for Planning and Zoning as part of the FY19 budget, and has been mentioned
as a necessary task over the last few months. This memorandum will cover why an update to the
City sign code is necessary, existing processes/regulations, and a rough outline for what the new
sign code will cover.
Why Update the Sign Code
Most of the sign code was put in place in 1998 with some minor changes since then, with most
changes being in the early 2000s. The sign code currently does not list a purpose or intent. It
states a permit is required for a sign, and then gives specifics on what is and what is not allowed
by zoning district. Signs are also currently regulated by content, which is illegal under federal law
and was highlighted by the 2015 Supreme Court case Reed v. Town of Gilbert. The type of sign
may be regulated (such as roof signs, wall signs, freestanding signs), but the content may not
(such as political signs, holiday signs, real estate signs). Currently, the sign code is difficult to
interpret and as such it is difficult for City staff to assist citizens in following the law.
Topics to be Addressed in the Sign Code Update
City staff proposes to replace the existing sign code in its entirety because the existing structure
is not feasible to use. Topics to be covered by the update include:
x Create objectives and intent
x Ensure the sign code meets legal standards of freedom of speech and regulations are not
based upon content
x Create a new sign application form and materials to educate citizens and business owners
x Address signs for mobile vending units
City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 13 of 26
Page 2 of 2
Review of City Code for Surface Extraction of Natural Resources Permit
x Address temporary/portable signs, such as sandwich boards, banners, and flags
x Address permanent signs
x Address event signs
x Address lighting from signs
x Ensure safe placement of signs that do not detract from the community’s appearance
Goals for the Sign Code Update
x Work with the community to obtain appropriate guidance from residents and businesses
x Make the Code easy to interpret
x Make the Code enforceable
x Make the Code legal (no content-based regulation)
x Create appropriate standards for different categories of signs in different areas of the City
of Kenai
Process
x Review model sign codes and what has been done in similar communities
x Create a template/rough format for the new sign code
x Communicate with business, citizens, and the media about the sign code update
x Address topics/issues individually to fill in the details of the sign code regulations
x Roll out new sign code and a new sign code permit application form
Next Meeting – sign code discussion
x Review model sign codes
x Create draft purpose, intent, and definitions for the sign code
x Discuss timing of public outreach and work sessions
City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 14 of 26
Kenai City Council Meeting Page 1 of 3
August 1, 2018
ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
AUGUST 1, 2018 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30)
minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial
by the council and will be approved by one motion. There will be no separate
discussion of these items unless a council member so requests, in which casetheitem
will be removed from the consent agenda and considered in its normal sequence on
the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per
speaker)
1.Johna Beech, Kenai Chamber of Commerce and Visitor Center – Second Quarter
Update.
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1.POSTPONED TO 08/15/18. Ordinance No. 3034-2018 - Repealing Kenai Municipal
Code Chapters 16.05- General Provisions, and 16.10- Procedure, within Title 16-
Public Improvements and Special Assessments and Re-Enacting and Renaming
Chapter 16.05- Special Assessment Districts. (Council Member Knackstedt)
2.ADOPTED UNANIMOUSLY. Resolution No. 2018-42 - Authorizing the City Manager
to Enter Into a Restaurant Concession Agreement for the Kenai Municipal
Airport. (Administration)
3.ADOPTED UNANIMOUSLY.Resolution No. 2018-43 – Approving a Second
Amendment to the Airline Operating Agreement and Terminal Area Lease and
Authorizing the City to Enter Into Such Agreement with Corvus Airlines D/B/A Ravn
Alaska. (Administration)
4.ADOPTED UNANIMOUSLY.Resolution No. 2018-44 – Approving a Second
Amendment to the Airline Operating Agreement and Terminal Area Lease and
City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 15 of 26
Kenai City Council Meeting Page 2 of 3
August 1, 2018
Authorizing the City to Enter Into Such Agreement with Grant Aviation,
Inc. (Administration)
5.ADOPTED UNANIMOUSLY.Resolution No. 2018-45 – Accepting the Proceeds
from a $2,000 Caring for the Kenai Project Development Grant Provided by Enstar
Natural Gas to Mr. Riley Graves for the Purchase and Deployment of Magnets to
Remove Nails and Other Metal Debris from City Beaches. (Administration)
6.ADOPTED UNANIMOUSLY. Resolution No. 2018-46 – Approving the Execution of
a Lease of Airport Reserve Lands Using the Standard Lease Form Between the City
of Kenai and SOAR International Ministries, Incorporated, for the Undeveloped Portion
of Tract A, General Aviation Apron Number Two. (Administration)
E. MINUTES
1.APPROVED BY THE CONSENT AGENDA.*Regular Meeting of July 5, 2018
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1.APPROVED BY THE CONSENT AGENDA.*Action/Approval – Bills to be Ratified.
2.APPROVED BY THE CONSENT AGENDA.*Action/Approval – Purchase Orders
Over $15,000
3.INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 08/15/2018.
*Ordinance No. 3035-2018 –Increasing Estimated Revenues and Appropriations by
$2057.58 in the General Fund (FY18) – Police Department for State Traffic Grant
Overtime Expenditures. (Administration)
4.INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 08/15/2018.
*Ordinance No. 3036-2018 – Accepting and Appropriating a Grant from the State of
Alaska for the Purchase of Library Books. (Administration)
5.REFERRED TO THE BEAUTIFICATION COMMITTEE AND THEN TO THE
AIRPORT COMMISSION.Action/Approval – Field of Flowers Signage. (Council
Member Knackstedt)
6.AUTHORIZAITON PROVIDED UNANIMOUSLY.Action/Approval – Authorize the
City Manager to Enter into a Memorandum of Agreement between the Kenai Peninsula
Borough and the City of Kenai for Participation in aMulti-Jurisdictional Team to Review
and Coordinate Hazard Mitigation Plans. (Administration)
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
x Sub-Committee Update
City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 16 of 26
Kenai City Council Meeting Page 3 of 3
August 1, 2018
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION – None.
M. PENDING ITEMS –None.
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review
2. Kenai Watershed Forum – Kenai River Festival “Thank You” Letter
The agenda and supporting documents are posted on the City’s website at www.kenai.city.
Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council
Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at
907-283-8231.
City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 17 of 26
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City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 18 of 26
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City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 25 of 26
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City of Kenai P&Z Commission 8/8/18 Meeting Packet Page 26 of 26
Sign Code
August 8, 2018
FY19 Planning and Zoning Department Goal #4
Goal #4. Review and update Kenai Municipal Code related to signs.
Objective: Improve clarity of ordinances and code addressing signs in
the City.
Measure: Start the sign code review process in the second half of
FY2019, with an initial focus on Kenai Municipal Code Section
14.20.220-Signs.
Why Update the Sign Code?
The court unanimously found that placing limits on temporary
directional signs that were more stringent than these other types
of temporary signs was a content-based regulation of speech—a
violation of the First Amendment.
(Taken from International Sign Association website)
Content -Based Regulations
Because the ordinance at issue in Reed had different size, height and duration requirements for political signs than it did for signs providing directions to an assembly or other event, the Court concluded it was “content based” and therefore subject to “strict scrutiny.” (Taken from www.smwlaw.com)
An ordinance that allows “political” signs to be twelve square feet, but limits “temporary directional signs” to six square feet, is content-based. So is an ordinance that prohibits signs without a permit, but provides an exception to this permit requirement for historical markers, real estate signs, address signs, etc. .” (Taken from www.smwlaw.com)
Signs may still be regulated based on size, material, location, and duration
KMC 14.20.220 Signs
•Breaks sign permits into Residential
Zones (RR, RS, RR-1, RS-1, RS-2, TSH),
Commercial/Industrial/Education Zones
(CC, CG, IL, IH, ED),
Limited Commercial Zone (LC),
Conservation Zone (C), Central Mixed
Use Zone (CMU)
•Gives specifications for allowed signs
not requiring a permit, allowed signs
requiring a permit, prohibited signs
within these zoning district groups
Kenai Sign Code Issues
Many places in the KMC Sign Code are content-based. For instance, separate regulations for political signs, construction signs, holiday decorations, real estate signs.
No intent or objectives
Needs modernization to address lighting from signs
More clearly addresses sandwich board signs
Better application form and enforcement process may be implemented with an easier to understand and legal sign code
Goals
•Work with the community to obtain appropriate guidance from
residents and businesses
•Make the Code easy to interpret
•Make the Code enforceable
•Make the Code legal (no content-based regulation)
•Create appropriate standards for different categories of signs in
different areas of the City of Kenai
Process
•Review model sign codes and what has been done in similar
communities
•Throw out existing Sign Code and start totally new
•Create a template/rough format for the new sign code
•Communicate with business, citizens, and the media about the sign
code update
•Address topics/issues individually to fill in the details of the sign code
regulations
•Roll out new sign code and a new sign code permit application form
Thing to Think About
•Temporary vs. Permanent Signs
•Commercial vs. noncommercial speech signs
•Temporary Sign Issues
•Seasonal regulation—different rules for summer months?
•Consider allowing off-premise temporary signs?
•Avoid prohibiting all signs in right-of-way ---work with the State of Alaska on
a Memorandum of Agreement allowing some signs in the right-of-way
•Lighting
Source: Sign Research Foundation, Best Practices in Regulating
Temporary Signs
Temporary Signs, Signs in the Right-of-Way
Banners and Flags
Lighted Signs
Air-Activated Signs
Research and Ideas –Soldotna Sign Code Update
Research and Ideas –American Planning Association
Research and Ideas –International Sign Association