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HomeMy WebLinkAbout2008-12-10 Planning & Zoning Packet - Work SessionCITY OF KENAI PLANNING & ZONING COMMISSION Work Session Reminder Immediately Following The MEETING December 10, 2008 - Commissioner Training - Cellular Towers t~.laska Planning Commissioln Handbaolc ~'{xapters 3 SG 4 ~z Robert's Rnles in brief ~CiCSber22,Z[7()cg Its~Ci'> Stephanie Queen, Csty ofSolAotna ~ ~ ~~ ~'--~,~~ ~_' :~ •se ••ro-. • P--' ~ - Overview • PART II :Robert's Rules of Order in brief . Motions • l]ebate o Amendments . Postponing • Gan the Comtnission change its anind? ~,r:,} ... r••-^ ••:. . y _ ::: Farmal Acts of the Cammissian • Grant/Approve: , ~ , Variance f'` • C;oaditioaal use penult - _ • Site plan r Advisory role an: • Zoning CodeAmend~nenfs • Rezones • Plats r A Resolution describes the acxion taken, findings, and any conditions of approval a•e r•o,: ..- ;, ..: Overview • PART I : AK Planning Commission l-landbook s Decisian-Making • Types of Uecisians (Iagistative vs. quasi-judicial) • Due Yracess • Tlie Record . Findings • Gx Paxte Contacts [, o Conflict of interest s: ~ ~'. • Open Meeting Act ~ ,i ~'~*- ••e r••:: ••~, ..:. Meetings • • Types: Regular, Special, or Work Sessions • Genet°a1 Rules . Be Prepared r iJxplain procedures at das 6eginraing of the naeetitag a $e Pnnclual r Show respect (no first names} a Summarize what you have heard: what is important and what is not as• •16. ••~:..: Decision-Making • L' ,: s Types: , ~ ;, e Legislative ~ a ~ li ~ ~ dsr~i~''~ • Quasi judicial i ~~' i ~~ ~~ P "~ i • Legal basis far decisiar~s: ' ' , ~~~~ ~ ; I r ~', -~a • Federat and State consCitutions :'r°"^'°K°~s• ~"'~„^'""' . State eaaabl.ing legislatiala {AS 29} • Lnca] Regulations (Kenai Municipal Cade) s Procedures in your Cods 1 •oa w• ~ ea ~ •. :: ]Decision-Malting: Legislative a legislative o Decisions [hat make or interpret policy • Apply equally to everyone in the conannuity • Substantive due process (reasnnahleness} o Must not Le urLitrary and capricious -mist rte enacted for a legdtinutte governmentadptupoa~e such as protection ofheudilt, safety, ntoruls, ar the envirottntent, a Ex, + Ametadrnents to dse Zoning Code s Rezone oi' Cornrnuaity-wide Significance • Adopting the Comprehensive Plan s•.. ,,, Quasi-.Tudicia6: '•`~ •••_:, Procedural Due Process • Tlae S elenlsnts or Procedural t3uc Process: • I) Fairness and the appearance of fairness • 2) Proper notice of the Ireat~in6 • 3) Afairl3caat7t_= • 4) A complete record • 5) A decision based on the record sas •orP a.:.- •,.:: -: 7Che Record s What it contains: ~ -:..-.,-- t e Application ~ ~ - -_ lk~. . Correspondence (including emails) ~" ` . Staff Report f e Public testilnony/comments =~ - . Plans, drawings, photographs ~ ~~', ' ~~~ . 1vlceking minutes a [s there substantial evidence in the record to support the commission's findings? se• •a•° •r.: •_ .•. Decision-1VIakiug: Quasi-,~udicial • Quasi-judicial • Rave a direct effect on the rights and liabilities of a single person or small group • Applicants demonstrate they meet all the established requirements that give them the right to a permit or other entitlement e Procedural dne process (fundameratai fairness) e hlareantkenextslede? • Ex. • Conditional Tlse Permit • Variance • Hoard of Adjustment on an Administrative Appeal . S€nail Rezones* ... a••• Procedural l~ue Process cont. • t) Paimess • A31 participants are ahle to present testimony and evidence to an nntriased - deetsion-makee Consult the 'Paimess Checklist' • 2) Notice • 3) Hearine • A "fact-5nding foam" where everyone is allowed to present Eestintosaylevidence t4 mr6iascxl decisioix-makers . 4) Retard • Audio recording aftestimony, Staff Report, handcars, etc. • 5) I)CC1S1Uri Apply the wrrect legal criteria -look to the Ordinance Adopt 6ndi:ys • The decision must be 6; ced on the Re:ord •e• re•: w s ~_.:., •.: •. Findings . A statement of evidence and reasoning used to arrive at a decision. e Connects th.e information presented, to the criteria which must be met for approval. • trnportant in heEping show why the coimlmission reached the decision it did. • Lack of findings is the most cotmnon reason coiminission decisions are overruled. ~ ..• se• , sa Where are findings? 3 e , e Staff will propose _ "~~ •`~- findutgs: • In the body of tEie ~ = -~ 'r`: Resotuiion - .- e 17uring the hearing, the .. z Comrnissimt c.3n: _ - _. • Remove ~ „,,,, • Add nr - • Amend these findings :. r., ~ - • WhatiE'aResolutiou Fails? ee• asa ss:-,: •--: A I•feminder... s "A com~nissipner's key responsibility is to make decisions based on the facts that ae•e presented and tine narrowness of the criteria for the decision at band, A commissioner must remove from consideration those issues that are not germane to Che case. It is veay easy to get distracted by issues raised by the public that are emotional in Hatt€re and not apphcahle to the case's rneriLs," - t7wayne Adazns, MOA Plaauinb Gommissipner ass errs s•+;;= s ; :;: Conflict of Interest /Bias • Cosmnissioners have a duty to rnake decisions in the best interest of the public, without the influence of personal interests + Conf3ict of interest ~--expectation of financial gain + Bias -not being able to act objectively on the tnatfer for any number of reasons a Appearance of Fairness ass soar ep Fm How to draft findings • Findings can be based on: • Materials submitted by llae applicant • Staff recommendation o Publip testitnon.y • Conm~issian discussion • The "Coning Code (Title 17} • The Comprehensive Plan ess ass say ,•, •.;r Ex ]Pane Contact + Rx Porte Contacts • Private co~nmunicatious between an interested party in a quasi judicial hearing, and a mcinix r of the body that is hearing the matter • OK for i.egislative matters (Lobbying} r Nnt tllC Eor quasi judicial proceedings • What to do when it occurs • Correcting irx paste Contact ass ess® s•-,; • ,..:. Open IVlet:tings Act , a To ensure the public has a reasonable apportuzaity to observe governing body decision-tnaksng + Right to observe, but not necessarily to speak ar participate (our total Code provides for this) . The Act requires: • Opeu Forum a Reasonable Public lgatice • ripen Voting 3 see es• es• You Fake "I"he Call! • e Your city is revising its Comprehensive Plan. with hearings scheduled for next Tuesday. Xou neighbor co7x7es over after breakfast and says that if her neighborhood is protected as `Residential' then she and many others wi1J contribute a Sot of to your next campaign. Must ~~~ you reveal vour talk with your ~." `~ ~~~~ 1} neti~hbor at the hea~~in~? ' ~~ ~~1, 1~ 3 ... eesw so,_:. ~ • „'_ You Make The Call! ' • An applicant submits a preliminary plat with 10 lots to Staff to be placed on the Commission agenda. for recommendation. Staff property notices the request. At the hearing, the applicant submits a revised plat with l 6 lots and says that the traffic ~ impact would be the same as if there ' were only 1 U lots. What should the , A `~ C',otnmission do? ~~C~~ ese es•,$ as-: O:_ R Part II: Parliamentary Procedure eee •p•pa You 1~Iake 'The Call! . The applicant is a church that wants to expand its facility an a site that includes some wetlands. At the public hem•ing for a Conditional Use Permit, a non-resident of the city wants to ~ testify about environtnentat issues ~ but is not allowed, Should the ,t~, non-resident have been allowed to ~ ` 1 offer tcsti7x7ol~ in this hearin ? ~,"~ ~, ~t ~~ •,,,,. eee ssr. e•-. • - Decision-l'Ial~ing ~EYIE~V + Is the mailer J,egisluxive, or Quari-Judicial • If Le~isiative, decisions are made to further legitimate govet'nmentai goals (health, s7lety, the enviroument) a If Quasi-7udicia7, did the applicant meet all the established mquiretnents that give them the right to the permit ar other entitlametn'? • 5 e7etneats of Procedural I~ue Process are: + Painless a Natice A [air hearing • Complete Record • Decision, based solely on the record (Findings} • Hx Pane Contact • Con7ilct of Interest ese seem fY- e ,-.._ ' a Part II: Parliamentary Procedure • Robert's Rules of Qrder Newly Revised In Brief • A set of rules, ethics, and customs governing meetings pfderision-making bodies • Motions: a main motion brings business before the Commission. `fhere can be only 1 main motion before the Commission at a time. 4 sae eCa asp:. : -- a:. ~><InY`um s 'fhe minimum number of Commission members needed to conduct business . Soldntna Munic:ipat Code detznes a quorum as, ~rhree ~fltin~ members (sMC l~.as.fllo {~,)~ • The Cade also requires, "A majority of the members present shall be required to take action on any matter before the Commission." o Ca~~troversial, co~nplieated, or difticulC issues should be postponed when seve~~l members are absent eas ewer ear. O _:.> ott~IBP Mntinns e Postpone Indefinitely • Amend • Postpone to a Tune Certain • Limit or Extend Limits of Rebate a Cali the Question . Lay on the Table • Recess sea eao a ee f Debate s As the maker of a inntinn, you have a right to preference in speaking about it, normally immediately after the chair has stated the motion. v Stick to the subject- the anotion at hand! • Debate issues, not personalities • Keep it formal: spea[c through the chair, use Mr. or Mrs. but not first names, aaa eea= as ;:. o": Main 1!'Iotions • A forma] action that brings a matter to the Cotninission for consideration and action . Amendments to the €rtain tnatian are always voted on before the main motion itself: e During discussion, metn6ers give their reasons for supporting ar not supporting; the motion as stated. [Y>vn~fre.r~iJicatimzraud rep irr rho nr ralirrg neir~ater, mid becwna pare oftf e Hacmd,f are aaa~ ea :. e,, ..' The Process... + Making a motion. "1 move to ..... . Seconding doe nsotion. "Secaridf" r The chair states dsc question. "lt is moved and seconded that ...lrestates the ~uotion~." • Diseussioasldebate Secondary motions (amendtncuts, recess, etc.) o The chair calls the question. "ls there any futtiser debate? (or someone "calls the question" ~ 213 vote} • The chair declares the motion is adopted or lost, Ilse effect of the vote, and any appeal procedure. Can the Commission change its ~ e:':- mind? e Robert's Rules says yes, under certain circumstances. ® The Commission could adopt their own bylaws which addressed situations like reconsiderations. • Withau.t bylaws or fannaf adapGon of Robert's Rules, not clear whether the Commission nr an Applicant can ask for reconsideration or• ROD=^ 4 Y "'++-' p ., i' Closing Thoughts j • IJecisions tnnst be based an the Record, with I Findings that provide reasons t'or the decision • b,egislative vs. Quasi-.ludicial decisions o Procedural Due Process (5 components} • Findings and the Record • Robert's Rules and Paa•iiazxaentary .Procedure B9• •fo-~ PB::. Questions and Discussion,.. , q f • ~~~ ~- Suggested by: Planning and Zoning Commission ~~e a'fy of CITY ®~° I~EIiIA.I t(EI~A~ S1~A ®RI3INAIVCE 1V®. *-2®®8 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 TOWERS WITHIN THE CITY OF KENAI AND AMENDING THE LAND USE TABLE I'~? KMC 14.22.p 14 TO PROVIDE THAT COMMUNICATIONS TOWERS/ANTEN~'~'AS ARE A CONDITIONAL USE IN THE CMU ZONE. WHEREAS, the City of Kenai has enacted the Ker3 Zonia~lg Code in KMC 14.20; and, WHEREAS, the Kenai Zoning does not cniii~~ir~ a comprehensi~Te t-eyulation of the establishment and placement of commuuic;~~~ions towers in its zo~-li~lg code; and, WHEREAS, due to the proliferation of cell phcxrxe clse ~~~ilin the United :states and Alaska there is a rapid growth irz tlxt= number ~i~ ef3lxxlxxul~ications towers'laeing established; and, WHEREAS, the Federal Telecozx~lxnuzxicatiolls Act of ] ~~6 daces limitations on the manner in which local governments u~~-i~~ 3-eti~ll;~~e co3l~~~~u~aic~.tions towers; and, WHEREAS, it is iri the Ix~st i~xte;est of the Lttir oC I~eriai~'1d its' citizens to enact an ordinance regulatirl~; the cstal~lis;xment ~xnd placement of communications towers within the City's boundaries that i5 ita conlar~r)ance with the Federal Telecomm~a~ucatio7xs Act of 1~9G. NOW, TIIE ' i FORE, LiE IT ORDAINIJL) BY TIIE COUNCIL OF THE CITY OF KENAI, ALASI•iA, <th<at; 1) KMC, 14:20.2'?U is ai~xendecl as shown in Section II and 2)the City of Kenai Code of Ordinances is }xerel~~= amended by adding a new section to be numbered KMC 14.2U.`~5b which shall :read as fellows. Section I I~IVIC 14.2®.255 Comumic~tions Towers and Gomm•ur~icatians Ant~;nna(s) (a) Definitions. For purposes of this section, the following definitions apply. (1) "Communications tower" means a tower, pole or similar structure which supports a telecoxanzxlunications antenna operated above ground in a fixed location, free-standing, guyed, or on a building or other structure. An amateur radio antenna is not a "communications tower" under this section. (2) "Telecommunications" 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. New Text Underlined; DELETED TEXT BRACKETED) Ordinance No. *-2008 Page 2 of ~ (3) "Communications Antenna(s)" means any device used for the transmission or reception of radix, television, wireless telephone, pager, caxz~mercial mobile radio service or any other wireless communications signals, including without limitation Omni directional nr whip antennas and directional ar panel antennas, owned or operated by any person or entity required to be licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or televisions antennas or amateur radio equipment including without limitation ham or citizen band radio antennas . (4) "Height" of a cornrnunicatinns tower is the distance from the base of the tower to the top of the structure. (b] Issuance of permit by the Planner. if allowed as a principal perzx~itted use under KMC 14.22.010 a communications tower/antenna shall be permitted by the Planner upon a determination that all of the applicable conditions in this section have been met. (c] Issuance of Conditional Use Perrnit. If allowed as a Conditional Use under KN1C 14.22.010 and after native and public hearing as set forth under KMC 1.4.20.280, a communications tower/ antenna shall be permitted by the Planning and Zoning Commission upon a determination that all of the conditions of this section and KMC 14.20.150 have been met. (d] A decision to deny a permit must be in writing and supported by substantial evidence in the record. No decision regulating the placement, construction ar modification of a communications tower/antenna (s]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. (e] The height hmitatian an communications towers/antennas permitted or allowed by conditional use are as follows: (1] In the RR- 1, RS, RS 1, RS2, RU, CC, LC, CMU and TSH Districts a freestanding communications tower with height not exceeding 35 feet may be permitted; height exceeding 35 feet requires a variance. (2) In the CG, ED, R, 1L and CDistricts afreestanding-guyed communications tower with height not exceeding 150 feet may be permitted; height exceeding 150 feet requires a variance. (3} In the IH District a free standing or guyed communications tower with height not exceeding 300 feet may be permitted; height exceeding 300 feet requires a variance. (4] In the RR District a free standing or guyed communications tower with height oat exceeding 150 feet may be permitted on lots larger than 10 acres; height exceeding 150 requires a variance. (5) In the RR District a freestanding tower with height not exceeding 35 feet may be permitted on lots of 1 acre nr less; height exceeding 35 feet requires a variance. (i) Permitted height above structure. In all zones, a communications tower/ antem~a mounted on a building, or structure other than a free standing or guyed cammunicatians tower must not extend more than thirty (30) feet above the highest part of the structure. New Test Uiadezl~ned; IDE~E'~~ED "r~r BRACKETED] Ordinance No. ~-2008 Page 3 of 8 (g) Height limitation near the Kenai Municipal Airport. Regardless of zone, all communications tower(s) / antenna(s) in aircraft-approach zones and within eight thousand Poet (8,000') feet of the main runway shall be subject to height limitation nn the basis of obstruction criteria as shown nn the current FAA- approved Kenai Airport Master Plan drawings which are on file at Kenai City Hall. Nn variance may be granted under KMC 14.20.180 that deviates from this requirement. (h) Height variances. A free standing or guyed conr~~xlunications tower/antenna exceeding height liaTlitations xnay be permitted by the Planning and Zoning Commission as a variance under KMC 14.20.180. No height variance may be granted that exceeds 150% of the maximum height allowed under this section. (i) Variances from other general zoning district regulations, including setbacks, may be granted as allowed under KMC 14.20.180. (j) Application requirements. The applicant for a permit for construction of a communications tower or placement of a communications antenna on an existing structure other than a communications tower/antenna previously permitted must file with the Planning and Zoning Department an application. accompanied by the following documents, if applicable: (1) One copy of specifications for proposed structures and communications antenna(s), including description of design characteristics and material. (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 communications towers/ antenna(s), facilities and proposed communications towers/antenna(s) which are reflected in public records, 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 communications tower/antenna capacity by type and number, and a certification that the tower/antenna is designed to withstand winds in accordance with the latest revision of ASl/ElA/TlA/222 standards ("Structural standards for steel comm>,znications antenna towers and communications antenna supporting structures") ; (5) Identification of the owners of the communications tower/antenna(s) and equipment to be located on the site; (6) Written authorization froxn the site owner for the application; (7) Evidence that a valid FCC license for the proposed activity has been issued; (8) Aline of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts; [9) A written agreement, on a form approved by the City Attorney, to remove the communications tower/antenna(s) within 180 days after the communications tower/antenra.a(s) is substantially unused for a period of 12 consecutive months; (10) A cell phone coverage map showing the applicant's cell phone coverage within the City of Kenai; New Text Underlined; (DELETEI3 TEXT BRACKE:1'ED] ®rdinance No. *-2008 Page 4 of ~ (1 I) Evidence that applicable conditions in subsection (~j) are met; (12) Additional information required by the 1']anning apd Zaniang Departxnept for deterrrunation that all applicable zoning laws are rpet. (k) Conditions. The applicant must show that all applicable conditions are met as follows: (i) Location and visual impact. The proposed communications tower/antenna nr accessory structure will be placed in a reasonably available location which will minimize the visual impact on the surrounding area and allow the facility to function in accordance with minimum standards imposed by the applicable communications regulations and applicant's technical design requirements. (2) Inability to locate are ap existing structure. The applicant must show that a proposed corpmunicatians tower/antenna and equipment cannot be accommodated and function as required by applicable regulations and applicant's technical requirements without unreasonable modifications on any existipg structure or tower under control of the applicant. (3) Necessity for location in a residential district. Applicant for a permit in a residential district must show that the area cannot be adequately served by a facility placed in anon-residential district for valid technical reasons. (4) Location nn public property or other private property oat suitable. Prior to consideration for a permit for location on private property which must be acquired, applicant must show that available publicly awned sites, and available privately owned sites occupied by a compatible use, are unsuitable for operation of the facility under applicable communications regulations anal applicant's technical design requirements. (5) Design for future use. The applicant must show that a new communications tower is designed to accommodate additional communications antenna(s) equal in number to applicant's present and reasonably foreseeable future requirements (6) Safety cede met. The applicant must meet all applicable health, nuisance, noise, fire building and safety code requirements. (7) Paint, A communications tower/antenna must be either unpainted or painted in anon-contrasting grey ar similar color unless otherwise required under KMC 14.20.150 nr by state nr federal law or regulations. (8) Distance from existing tower. A permit for a proposed communications tower within 1,000 feet of an existing communications tower shall not be issued unless the applicant certifies that the existing tower does not meet applicant's structural specifications and applicant's technical design requirements, or that a collocation agreement could not be obtained. (9) FCC rules. The applicant must show by certificate from a registered engineer that the proposed facility will captain only equipment meeting FCC rules. { 10) Application of zoning rules. Land development regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage, and ail other general zoning district regulations except setback and height, shall apply to the use. Setback and height conditions in this section shall apply. New Text TTnderii~~ed; [DELE'T'ED TEXT T3RACKi;r ETA] Ordinance No. *-2008 Page 5 of ~ (l ~.) Setback. In all zones, a eo~xzunicatiozas tower must be a minimum distance equal to the height of the communicatiax~s tower from all lot lines. No variance from the setback requirements of this section may reduce the minimum setback distance to below a distance equal to fifty percent (50%) of the height of the tower from a lot line. (12) No advertising is permitted of the communication tower with the exception of identification signage. (13) No signs or lighting shall be mounted on a camxnunieations tower except those reasonably needed for safety purpases or as required by the Federal Communications Corm~nission, Federal Aviation Administration ar other governrnent agency with jurisdiction. (14) The communications tower shall be secured by a fence with a minimum height of eight feet to limit accessibility to the public. (1) Amateur Radio Antennas. The .Planner may issue a permit far an amateur radio antenna, if the applicant meets the criteria of KMC Title 4 (Uniform Codes) and AS 29.35.141 (including height limitations.) (m)Appeals. The applicant may appeal to the Board of Adjustment pursuant to KMC 14.20.290. Failure of the Planning and Zoning Commission to act on an application. which is determined to be complete under this section within 45 days, unless extended by agreement, may be considered by the applicant to be a denial of the permit which is subject to appeal to the Board of Adjustment. Section II KMC I4.22.C1U LAND USE TABLE KEY: P =Principal Permitted Use C =Conditional Use S =Secondary Use N =Not Permitted NOTE: Reference footnotes on following pages for addii:ianal restrictions ZONING I3ISTRICTS MISCELLAN'IOUS LAND USES C RR RRl RS RSI RS2 RU CC CG IL IIi 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~5 (Large: Circuses, fairs, Etc.) C C C C C C C Pi5 pay p~5 p~5 P~~ C P N P15 l{"raternalOrganizations/ Private Clubs/Social Halls and Union Halls N C C C C C C P P P C N C P C P Nursing, Convalescent or Rest Homes N C C C C C C P P C C C C C C P Parking, Off-Street P P P P P P P P P P P P P P P P Parking, Public Lots~2 C C C C C C C C C C C C C C C C Personal Servicesz~ C C C C C C C P P P P C C P P P Communications Towers P (P] C C C C C P P P P P C C C (PJ & antenna(s)/Radio/TV Transmitters/Cell Sites z~ C C Recreational Vehicle C C C C N N C C C C C N C C N C New Text Underlined; [DELE2'ED'I'EXT BRACKI.f:rEI3( Ordinance No. *-2008 Page ~ of ~ Parks Subsurface Extraction of C C C C C C C C C C C N C N N N Natural Resaurces16 Surface Extraction of C C G C N N C N C C C N C N N N Natural Resources~'~ * See 42 USCA Sec. 200gcc (Religious Land Use and Institutionalized Persons Act of 20gq} ** See 42 Telecommunications Act of 1996, Sec. 7g4(a} ~`** Sae, however, the limitations imposed under KMC 3.1q.07q Footnotes: 1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2. One (l) single-family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b. The site square footage in area must be approved by the Commission; c. Yards around the site, off-street; parking, and other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity far which. the access streets are designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. 5. See "Mobile Homes" section. 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal. 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. 9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. l0. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street ar property line. 1 l . Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone, New Text Underlined; [i]ELEi'Ei? Ti~.XT BRACKETED] Ordina~ace Na. *-2008 Page 7 of ~ l2. Allowed as a conditianal use, provided that the following conditions are met: a. The proposed location of the use and the size and charactersstic of the site will maximize its benefit to the public; b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards an public streei~.s. 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Cornmissinn shall specify the conditions necessary to fulfill this requirement. 14. Allowed a.s a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30J feet shall be provided between said use and any adjoining property in a residential zone. b. Exits a.nd entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" section. 17. See "conditianal Use Permit for Surface Extraction of Natural Resources" section. 18. Conditional Use allowed only on privately held property. Nat allowed on government lands. 19, Deleted by Ordinance 2144-200fi. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(aJ, except that far properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. 21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students far a school in the zone, 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school ar educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another businessJ. 25. Art studios, barbers, beauticians, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27. Communications Tower/Antenna(s) allowed as a principal permitted (PJ use if the conditions set forth in KMC 14.20.255 are mot. Or a conditianal use C if the conditions set forth in KMC 14.26.255 and 14.20.150 are met. PASSEL) BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk New Text Underlined; (DELETED'I'EXT BRACKE"1'EDi Ordinance No. *-208 Page ~ of 8 Introduced: ~` Adopted: * Effective: * New Text CJnderiined; [~ELEI'~b TAXI" BT~ICI~E:i'ED]