HomeMy WebLinkAbout2008-10-08 Planning & Zoning Packet - Work SessionCITY OF KENAI
PLANNING & ZONING
COMMISSION
Work Session Reminder
Immediately Following The
MEETING
October 8, 2008
- Cellular Towers
- Wind Turbines
- Kenai Spur Highway Setbacks
/-
_ ,
\~ tyre ci~ u f ~~
KENAI~ 5KA
MEMO:
"~/ir(~a e with a Past, Gi wc't~ a Fr~tr~r~e"
,~
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~
Telephone: 907-283-75351 FAX: 907-283-3014 t ~ ~ ~ ~'
1992
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning Adminis
DATE: September 30, 200$
SUBJECT: Work Session-'i018108
1. Amending Title 14 to establish a process for the regulation of communication towers (cell
towers}. City Attorney Graves has prepared a draft ordinance to begin the discussion.
2. Wind turbines - A wind turbine is a rotating machine which converts the kinetic energy in wind
into mechanical energy. if the mechanical energy is used directly by machinery, such as a pump
or grinding stones, the machine is usually called a windmill. If the mechanical energy is then
converted to electricity, the machine is called a wind generator, wind turbine, wind power unit
(WPU} or wind energy converter (WEC}.
Administration believes we need to consider how wind turbines/windmills should be regulated
within the City. After we complete the process with cell towers, we will draft a proposed
amendment and schedule a work session to discuss the issue.
Kenai Spur Highway Setbacks -Building setbacks in the Commercial and Industrial zones are
based on the building code which can allow structures to be built on the lot line. Administration
would like the Commission to review the Development Requirements Table and make a
recommendation if an amendment should be considered to require building setbacks along the
Kenai Spur Highway. Should the setback be limited to the Kenai Spur Highway or effect all
streets in those zones?
,~-~~L~~L~7~`_. Suggested by: Planning and Zoning Commission
Elre F~~ o f CITY OF KENAI
N~NAIv 5KA
ORDINANCE NO. *-Zoos
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING
KMC 14.20.255 ESTABLISHING A PROCESS FOR THE REGULATION OF
ESTABLISHMENT AND PLACEMENT OF COMMUNICATIONS T ~' ~ WITHIN THE
CITY OF KENAI AND AMENDING THE LAND USE TABLE.
WHEREAS, the City of Kenai has enacted the Kenai Zon~~~Cod.i, KMC 14,20; and,
WHEREAS, the Kenai Zoning does not contain a co ~k~e~,~;sive reg~~;''~~tnn of the
establishment and placement of communications ers i its zoning ~~~~~; aid,
WHEREAS, due to the proliferation of cell phs~~ft~se witl~~t};,the United Sees and
Alaska there is a rapid growth in the number of'~~~]znuz}~G~:ns towers being
:"~.
established; and, °~ "
•.•-,
•- r F~.
~, ,.
WHEREAS, the Federal Telecommu =~,;~~~gxis Act of 199 ~ ce,~imitations on the
manner in which local governments ri~~~v`•i`~;~.ate commu ~ ~`f°ons towers; and,
WHEREAS, it is in the best interest of tY%~' Ci~~'~if"~~ ~cl its' citizens to enact an
ordinance regulating the ~~,'~~~y~iment placeme f cornrnunications towers
within the Citys bound,~3res th~~~s in con ~. mance w~h the Federal
Telecommunications ~t of 199E~:
;~ ;1
NOW, THEREFOR, B~~ O ~ ~~ I°l~~J~ ,~Y ~ - COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City o~ ci~~~5~'~.~;~nan.ces is hereby amended by adding a
new section";~9:~~~';~lxmbere ~1~IC 14.20.2SS which shall read as follows.
,255 Comrn.fatcations Towers and Antennae
(a) Deffi'~"" s. For ~".poses of this section, the following definitions apply.
(1) "Cnic ~ ~s tower" means a tower, pole or similar structure which
suppo~~~,_.~" lecommunications antenna operated above ground in a fixed
locatio ~`f~ee-standing, guyed, or on a building or other structure.
(2} "Teleco~munications" means the transmission, between or among points
specified by the user, of information of the user's choosing, without change
in the form or content of the information as sent and received.
(3) "Antenna" means a device, dish or array used to transmit or receive
telecommunications signals.
(4) "Height" of a communications tower is the distance from the base of the
tower to the top of the structure.
(b) Issuance of permit. After notice and public hearing as set forth in KMC
1.4.20.280, a communications tower and/or antenna shall be permitted by the
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. *-2008
Page 2 of 7
Planning and Zoning Commission upon a determination that all of the
applicable conditions in this section have been met. A decision to deny a
permit must be in writing and supported by substantial evidence in the record.
Na decision regulating the placement, construction or modification of a
communications tower may be made on the basis of environmental (i.e. health)
effects of radio frequency emissions if the facility complies with Federal
Communications Commission (FCC} regulations.
(c) The zoning districts in which communications towers and antennae are
permitted and height limitations are as follows:
(1) In the RR-1, RS, RU, CC, LC, CMU and TSH Distric tanding tower
with height not exceeding 35 feet may be permitte fight exceeding 35 feet
requires a special exception.
(2) In the CG, ED, R, IL and C Districts a freest 4 g- tower with height
not exceeding 150 feet may be permitted; ceedi ~ 0 feet requires
a special exception.
(3) In the IH District a free standing or tower with height n eding
300 feet may be permitted; height e ding feet requires ecial
exception.
(4) In the RR District a free standing or gu r height not exceeding
150 feet may be permitted on lots larger acre; height exceeding 150
requires a special exceptio
(5) In the RR District a free st wer with he t exceeding 35 feet
may be permitted on lots of cr ~ ;height ceeding 35 feet requires
a special exception.
(dJ Permitted height ab _ ucture. zone ower and/or antenna
mounted on a bu'. ~ er or st tare oth than a free standing or guyed
communicatio ower m ~ not ext d more than thirty (30) feet above the
highest part e struct
(e) Height limi i ear t n.ai Mun' ai Airport. Regardless of zone, all
communications ~ na(e) in aircraft-approach zones and
within t thous et (8,00 eet of the main runway shall be subject to
hei on sis of abstraction criteria as shown on the current
-approve ai Air ~ ster Plan drawings which are on file at Kenai,
ity Hall. Nov ce rn e granted under KMC 14.20.180 that deviates
this require t.
(f~ ~~ t variances. ree standing or guyed tower and/ar antenna exceeding
hei 3' itatians ay be permitted by the Planning and Zoning Commission as
a vari ~ unde C 14.20.180. No height variance may be granted that
exceeds ° the maximum height allowed under this section.
(g) Variances other general zoning district regulations, including setbacks,
may be gr ted as allowed under KMC 14.20.180.
(h) Application requirements. The applicant for a permit for construction of a
communications tower or placement of a commercial telecommunications
antenna on an existing structure other than a tower or antenna previously
permitted must file with the Planning and Zoning Department an application
accompanied by a fee of $ and the fallowing documents, if applicable:
(1} One copy of specifications for proposed structures and antennae, including
description of design characteristics and material.
New Text Underlined; [DELETED TEXT BRACKETEI]]
Ordinance No. *-2008
Page 3 of 7
(2) A site plan drawn to scale showing property boundaries, tower location,
tower height, guy wires and anchors, existing structures, photographs or
elevation drawings depicting typical design of proposed structures, parking
fences, landscape plan, and existing land uses on adjacent property;
{3) A current map, or update for an existing map on file, showing locations of
applicant's antennae, facilities, existing towers, and proposed towers which
are reflected in public retards, serving any property within the city;
(4) A report from a structural engineer registered under AS 08.48 in the State of
Alaska showing the tower or antenna capacity by type number, and a
certification that the tower is designed to withstand accordance
with the latest revision of ASI/EIA/TIA/222 Stan ~ ("Structural
standards for steel antenna towers and amen ing structures");
(5) Identification of the owners of the tower, anten e an ipment to be
located on the site;
{6) Written authorization fraxn the site owne applicatio
(7) Evidence that a valid FCC license for prop sed activity ha ~ issued;
{8) A line of sight analysis showing the ~ ntial al and aesthe mpacts
on adjacent residential districts;
(9) A written agreement, on a form approve i Attorney, to remove the
tower and/or antenna within 180 days aft e tower or antenna is
substantially unused for 'od of 12 cons 've months;
{ 10) Evidence that applicabl ' ns in subs (i) are met;
(1 i) Additional information r it e Planni and Zoning Department
far determination that all app abl ~ e met.
(i) Conditions. The a t must hat licable conditions are met as
follows:
(1) Location sual i ct. The oposed communications tower, antenna
or access tructure 'll be plat a reasonably available location
which ize isual imp on the surrounding area and allow the
facility to fun ~ ~ th minimum standards imposed by the
apse tom 'ations re ations and applicant's technical design
nobility to on ting structure. The applicant must show that a
proposed an a anal uipment cannot be accommodated and function as
equired by a cable regulations and applicant's technical requirements
'thout unrea ~ able modifications on any existing structure or tower
r control he applicant.
{3) Ne 'ty for ~ ation in a residential district. Applicant for a permit in a
resi trict must show that the area cannot be adequately served by
a facilit aced in anon-residential district for valid technical reasons.
(4) Locati on public property or other private property not suitable. Prior to
consideration for a permit for location on private property which must be
acquired, applicant must show that available publicly owned sites, and
available privately owned sites occupied by a compatible use, are unsuitable
for operation of the facility under applicable communications regulations
and applicant's technical design requirements.
N' ew Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. *~2008
Page 4 of 7
(5) Design for future use. The applicant must show that a new tower is
designed to accommodate additional antennae equal in number to
applicant's present and reasonably foreseeable future requirements
(6J Safety code met, The applicant must meet all applicable health, nuisance,
noise, fire building and safety code requirements.
(7) Paint and illumination. A communications tower must not be painted or
illuminated unless otherwise required by state or federal law or regulations.
($) Distance from existing tower. A permit for a proposed tower within 1,000
feet of an existing tower shall not be issued unless the licant certifies
that the existing tower does not meet applicant's str ~ specifications
and applicant's technical design requirements, or "" t a collocation
agreement could not be obtained. '~'" ~~ r"'
~.~:-{;.
(9) FCC rules. The applicant must show by certi x e froze;;. z;egistered
engineer that the proposed facility will con ~ y equi' • ` t meeting FCC
rules. ~ ~ %'~
(10) Application of zoning rules. Land d;, loprnent regulations~~~'sility,
g, g, p' g, par~ika~, ace lot size, exterzti~~
fencin screenin landsca In F~,• ~ "`"~
illumination, sign, storage, and all'tSth'~"~ ener ning district regulations
~. , ~":"
except setback and height, shall apply tcf5';~~e "~`~e: etback and height
conditions in this section shall apply.
(11) Setback. In all zones, er must be a „,mum distance equal to the
height of the tower from all ~f};~,~,; No varian, ~~Qn the setback
requirements of this section ~ ay'xe,,,>'' the miz~~,`tim setback distance to
below a distance equal to fift , ,ferc ~ ~~ ; ~ ~,^ lie height of the tower from a
;; , 7° ~ ~
lot line. ;,, %~~ "'-'~~,'~~~'
(1) Appeals. The ap ~ ' ~ ~ ~ y appea~'Fo the Bo€~r`d of Adjustment pursuant to
KMC 14.20.290.; ailurc the Plan ~ g and Zoning Commission to act on an
application w'~ ~h is deter,,, ncd to be • ~ -plete under this section within 45
'~,"• Bement be considered b the a licant to be
days, unles'e~iy~r~ed b3r~gx , . , ~ y pp
a denial of the pe" t~,Yh~h ;g~;~~fi~,c'to appeal to the Board of Adjustment.
Section iI
USE TABLIE
NpTE: Reference footnotes on following pages for
additional restrictions
ZONING DISTRI
MISCELLANIa,OUS
LAND USES C RR RRI R5 RSl RS2 RU GC CC IL IH ED R TSH LC CMU
Gunsmithing, Printing,
Taxidermy N C C C C C C P P P P N C P P P
Assemblies~s (Large:
Circuses, Fairs, Etc.} C C C C C C C pis pis pis pis P15 C P N Pis
Fraternal Qrganizations/
Private ClubslSocial Halls
and Union Halls N C C C C C C P P P C N C P C P
Nursing, Convalescent or N C C C C C C P P C C C C C C P
New Text Underlined; [DELETED TEXT BIZACI<CTIa1~]
Ordinance No. *-2008
Page 5 of 7
Rest Homes
Parking, Off-Street P P P P P F P P P P P P P P P P
Parking, Public Lots`z C C C C C C C C C C C C C C C C
Personal Services~s C C C C C C C P P P P C C P P P
RadiolTV TransmitterslCell P P [C] jC] [C] [C] [C] P P P F P [C] [C] [C] P
Sites
P P P P P P P P
Recreational Vehicle Parks C C C C N N C C C C C N C C N C
Subsurface Extraction of C C C C C C C C C C C N N N
Natural Resources' ~
Surfacc>:xtraction of C C C C N N C N C C N C N N N
Natural Resources"
~ See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act ~ ~ 0)
## See 42 Telecommunications Act of 1996, Sec. 704{a}
~`$* See, however, the limitations imposed under KMC 3.10.07D
Footnotes:
1. Allowed as a secondary use except on the ground floor of the part ~lding opting qn collector streets and major
highways. Commercial or industrial which falls under the landscaping/site pla ~ irements of KMC 14.25 shall include any
secondary uses in the landscaping and site plans,
2. One (] }single-family residence per parcel, w f the main buildi
3. Allowed as a conditional use, subject to satisfyl the onditions;
a. The usable area per dwelling unit shall be the sa s th u ing units in the RS zone;
b. The site square footage in ar ~ approved b ~ ommission~
c. Yards around the site, o et par nd other de apment requrrements shall be the same as far principal uses in
the RR zone;
d. Water and sewer shall meet requirements o plicable health regulations;
e. The proposed dwelling wit en ' •ea of sustained desirability and stability; will be in harmony
with the character of the surroundin r o , , ~ dversely affect surrounding property values;
t; The bui be used on residential purposes and customary accessory uses, such as garages, storage
spaces, and re unity ac
g. a shall be provi art of th ~ ~ ~ ed development, adequate recreation areas to serve the needs of the
anticip opulation;
h. • evelopment shall no ~ ~ duce a volume of tt•affic in excess of the capacity for which the access streets are
designed;
i. Thep adjacent tot roposed dwelling group will not be adversely affected.
4. See "Tow s" sec
5. See "Mobile Ho section.
IVew Text Underlined; [DELETIaI~ TEXT SRACKETED[
Ordinance No. *-2008
Page 6 of 7
6. Allowed as a conditional use, subject to "Mobile Homes" sec#ion and provided that any mobile home park meets the
minimum C'ederal Housing Authority requirements.
7. See "Planned Unit Residential Development" section,
8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the
residential character of the neighborhood.
4. Allowed as a conditional use, provided that all applicable safety and fre regulations are met,
I0. Provided that no part of any building is located nearer than thirty {30) feet to any adjoining street or property line.
11, Allowed as a conditional use, provided that na part of any building is located nearer than thirty {30) feet to any
adjoining sheet or property line and provided further that the proposed location and characteristi ~ he use will not adversely
affect the commercial development of the zone.
12. Allowed as a conditional use, provided that the following conditions are met:
a. The proposed location of the use and the size and characteristic of the site ax 'ts benefit to the public;
b. Exits and entrances and off-street parking for the use are located to preven fie haze ublic streets.
13. Allowed as a conditional use, provided that setbacks, buffer strips, visions are ~ ate to assure That the
use will not be a nuisance to surrounding properties, The Commission she! onditions neces fulfill this
requirement.
14. Allowed as a conditional use, provided that no indication use is e t from the exterior of ~ ortuary.
1 S, Allowed, provided that the following conditions are met;
a. An uncleared buffer strip of at least thirty (30) feat shall be provi en sal se and any adjoining property in a
residential zone.
b, Exits and entrances and off=street parking
G. See "Conditional Uses" section.
17. See "Conditional Use Permit far Surface 1
18. Conditional Use allowed only on
19. Deleted by Ordinance 2144
20. The airport related usE
properties contained inside the~f
aprons, FAA authorized us,~
2 L Developments for use
zones.
o shall be located to t traffic hazards on the public streets.
xhac ~ of urces" se n.
held p ~ rty t a ~ ernment lands.
entry area aft approach zones per KMC 14.20.070(a), except that for
e or having ss o aircraft movement areas, ramps, taxiways or parking
~q~r' istedJ a "Development Requirements Table" for the RIIITSH
22. Allowed."~x~~p~sljtional use ii~;~1~junction with a permitted use in the ED zone. For example, housing for teachers or
-;,.
students fora ~Oal -it thd~,?o1f,C~ -;
23. ed as an acces3~'~ "~~se in con~-'fnult`htt~ith a permitted use in the ED zone. For example, a dormitory used to
house s~ c~, is for a school or ed al facilit `~~''
;~~.,
24. ~J~`'~lt~~il businesses allowed secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within
another busiit~~?~
25. Art stt~ii~,barbers, beaut' ns, dressmakers, dry cleaners and self=service laundries, fitness centers, photographic
studios, tailors, tarili~ alons an sage therapists.
2G. Cood service e " ~1~q~;~~[ on a temporary or seasonal basis of not more than four {4) months per year.
~f~:
27. Allowed as a nri~ al permitted use if the conditions set for in KMC 14.10.255 are met.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 200*.
PAT PORTER, MAYOR
ATTEST:
New Text Underlined; DELETED TEXT BRACKETED]
Ordinance No. *-2008
Page 7 of 7
Carol L. Freas, City Clerk
Introduced: *
Adopted: *
Effective:
New Text Underlined; [DELETED TEXT BRACKETED]
]4.24.020 Genera] requirements.
TabJc ]4,2q,020
bEVE1/OPMENT Rk;QU]REM~NTS TA~I.,.~ ~ ' .
ZON]NG D1S"X'R]C'X'S
USES CIRR RR] RS RS7 RS2 RU/TS}~1 1L/lfIICCICGICM U R RD LC
R71NlMUivE LOT 9D 90 60 60 60 6D ~ 90 90 40
WlBTH (feet)
M 1 N! M UM LOT
SIZE (feet)
Front' 25 25 25 25 25 JO 25 25 2S
Side'
One-Story ]5 5 S 5 5 S Sec individual 15 JS ]5
1)aylightBasemcnU ]5 JO )0 10 }0 5 sections of Code for !5 ]5 15
Spilt S.evelr requirements
Two-Story' 15 ]5 ]5 l5 15 5" ]S !5 15
Rear 20 20 20 20 20 JO' 20 20 20
Maximum Lot 3D% 30% 30% 30% 3D% 4D% 30% 30% 30%
Coverage
Maximum }ieight 35 35 35 35 35 35
(feet)
Footnotes:
(1) Pro~~ided Chal the minimum front setback is measured from any right-of--way or access casement.
(2) $ide setbacks are de[ennined independently from the front view of the structure, Piot plan/As-built will distinguish single and two-
story portions of building to verify setback distances are met.
(3} Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the
ceiling or roof above.
One-story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated
below a ane-story is considered a one-Story structure in its entirety.
Two-story is defined as one-story plus more than one-half (1/2) the height of the lower story al] situated above grade.
I~aylighl basement/split level is.dedined as one-story plus less than one-half (1/2} the height of the lower story all situated above grade.
For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the
building and a line five (5) feet from the building.
(4) Except that for each story over two (2) stories, each Side and rear yard shall be increased three (3) fee[, but need not exceed fourteen
(14) feet for each side yard and nineseen (19) feet for the rear yard. .
(Ara-lended during 7-7-99 supp3ement; Ords. 1$62-2000; Ord. 1898-2001; 1956-2002; 1962-2002, 2081-
2005, 21$5-2006)
296a (Kenai Supp, No. 89, J2-06)