HomeMy WebLinkAbout2009-02-25 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
February 25, 2009 - 7:00 p,m,
l.. CALL TO ORDER:
a. Roll Call
b. Election of Chair & Vice Chair
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. 'February 11, 2009
3. SCHEDULED PUBLIC COMMENT: (10 Minutes}
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.)
a. PZ09-03 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council the enactment of KMC 14.20.255 establishing a
process for the regulation and establishment and placement of communications towers
within the City of Kenai and amending the Land Use Table in 1~MC 14.22,010 to provide
that communications towers/antennas are a conditional use in the CMU zone (Postponed
from January 28, 2009.
b. PZ09-07 - An application for a Conditional Use Permit to operate a Gift Shop from the
property known as Lot 4, Nealsand Subdivision (1111 Fox Avenue), Kenai, Alaska.
Application submitted by Jack & Jeanne Hayes, 1111 Fox Avenue, Kenai, Alaska 99611.
c. PZ09-08 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that KMC 14.20.240(c){6) be amended to allow an
extension for the ninety (90} day time limit fax skirting in mobile homes placed in mobile
home parks,
6. OLD BUSINESS:
7. NEW BUSINESS:
8. PENDING ITEMS:
Agenda
February 25, 2009
Page 2
a• PZ07-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be
screened on at least three sides.
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes}
lI. INFORMATION ITEMS:
12. COMMISSION COMMENTS & QUESTIONS:
13. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
February 11, 2009 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
d, *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. *January 28, 2009
3. SCHEDULED PUBLIC COMMENT: {10 Minutes)
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.)
a. PZ09-04 - A Resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that KMC 14.20.260 be amended to better provide
for enforcement for violations of the Kenai City Code and to provide for appeal of
administrative enforcement orders to the Board of Adjustment.
b. PZ09-OS - An application for a Conditional Use Permit to operate a Vocational Center
from the property known as Tract A-1A, Cone Tracts A-1A & A-1B {2880 Beaver Loop
Road}, Kenai, Alaska. Application submitted by Frontier Community Services, 43335 K-
Beach Road, Suite 36, Soldotna, Alaska 99669.
c. PZ09-06 - An application to rezone properties North of the Kenai Spur Highway corridor
from McCollum Drive West to No-Name Creek from Rural Residential 1{RR1) and
Conservation (C) to Limited Commercial (LC). Application submitted by Rick Koch,
City Manager for Kenai City Council, City of Kenai, 210 P'idalgo Avenue, Kenai, Alaska.
6. NEW BUSINESS:
a. PZ09-08 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that KMC 14.20.240(c)(6) be amended to allow an
extension for the ninety (90) day time limit for skirting in mobile homes placed in mobile
home parks _ Discussion -Set Public Hearing.
7. PENDING ITEMS:
a. PZ07-2S -Recommending Council enact KMC 9.10.015 to require dumpsters be
screened on at least three sides.
S. REPORTS:
a. City Council
b. Borough Planning
c. Administration
9. PERSONS PRESENT NOT SCHEDULED: {3 Minutes)
10. INFORMATION ITEMS:
a. 2008 Annual Report -Extraction of Natural Resources
b. 2008 Annual Certified Local Government Report
c. Reappointment letters Commissioners Rogers, Koester & Twait
d. "Zoning Bulletin" -1/10/09
11. COMMISSION COMMENTS & QUESTIONS:
12. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
FEBRUARY 11, 2009
7:00 P.M.
CITY COUNCIL CHAMBERS
CHAIR JEFF TWAIT, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chair Twait called the meeting to order at approximately 7:01 p.m.
1-a. Roll Ca11
Roll was confirmed as follows:
Commissioners present;
Staff/Council Liaison present:
A quorum was present.
1-b. Agenda Appxoval
S. Romain, R. Wells, J. Twait, P. Bryson, K. Rogers,
J. Brookman, K. Koester
City Planner M. Kebschull, Planning & Zoning
Administrative Assistant N, Carver, Council Liaison
R. Molloy
Commissioner Bryson read the following requested changes to the agenda:
ADD TO: 5 b. Letter from Mavis Cone
Email Correspondence (Winegarden/Graves)
MOTION:
Commissioner Brookrnan MOVED to approve the agenda with the above-mentioned
lay downs and Commissioner Romain SECONDED the motion. There were no
objections. SO ORDERED.
1-c. Consent Agenda
MOTION:
Commissioner Romain MOVED to approve the consent agenda and Commissioner
Wells SECONDED the motion. There were no objections. SO ORDERED.
1-d. 'Excused Absences
Approved by the consent agenda.
*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.
ITEM 2: *APPROVAL OF MINUTES -- January 28, 2009
Approved by the consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None
ITEM 4: CONSIDERATION OF PLATS -- None
ITEM 5: PUBLIC HEARINGS
5-a. PZ09-04 - A Resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska, recommending to the Council that KMC 14.20.260
be amended to better provide for enforcement for violations of the Kenai
City Code and to provide for appeal of administrative enforcement orders
to the Board of Adjustment.
Kebschull reviewed the staff report included in the packet.
Twait read the rules for public hearing and opened the meeting to public hearing.
The fallowing people spoke in opposition to the resolution:
Debbie Sonberg, 41`0 Cinderella, Kenai
Becky Espy, 903 Magic, Kenai
Roy Espy, 403 McCollum, Kenai
There being no further comments, the public hearing was closed.
MOTION:
Commissioner Bryson MOVED to approve PZ09-04 and Commissioner Romain
SECONDED the motion.
Commissioner comments included:
• The Code had been made more specific regarding junk and debris.
• Civil fines would be lowered from $1000 to $250 per day.
• The process of code enforcement was complaint driven and
included a site visit, contacting the individual, following up with a letter, and working
with the individual to bring the situation into compliance.
PLANNING AND ZONING COMMISSION MEETING
FEBRUARY 11, 2009
PAGE 2
+ There was no appeal process currently and once cited, the
individual must go to court.
• In the new resolution, there would be l5 days to appeal to the
Board of Adjustment.
VOTE:
Romain YES Wells YES wait YES
B son YES Ro ers YES Brookman YES
Koester YES
MOTION PASSED UNANIMOUSLY.
5-b. PZ09-05 - An application for a Conditional Use Permit to operate a
Vocational Center from the property known as Tract A- lA, Cone Tracts
A- lA & A- I B (2880 Beaver Loop Road), Kenai, Alaska. Application
submitted by Frontier Community Services, 43335 K-Beach Road, Suite
36, Soldotna, Alaska 99669.
Kebschull reviewed the staff report included in the packet, noting the history of the
property and the list of requirements from the building official necessary prior to
permitting.
Twait opened the meeting to public hearing.
The following people spoke in opposition to the application:
Laura Sievert, 3329 Beaver Loop, Kenai -- concerned with increased traffic and felt
the application did not fit into the Comprehensive PIan.
Curt Wilcox, 3329 Bearer Loop, Kenai.
Mark Schrag, 312 Princess, Kenai
Kellie Kelso, 117 Walker Lane, Kenaf
Debbie Sonbexg, 410 Cinderella, Kenai
There being no further comments, the public hearing was closed.
MOTION:
Commissioner Romain MOVED to approve PZ09-05 and Commissioner Wells
SECONDED the matian.
MOTION TO AMEND:
Commissioner Bryson MOVED to amend the motion to .include staff recommendations
and Cornrnissianer Romain SECONDED the motion.
PLANNING AND ZONING COMMISSION MEETING
FEBRUARY I I, 2009
PAGE 3
VOTE ON THE AMENDMENT:
Rornain YES Wells YES Twait YES
B son YES Ro ers YE5 Brookman YES
Koester YES
MOTION PASSED UNANIMOUSLY.
VOTE ON MOTION AS AMENDED:
Rornain YES Wells YES Twait YES
B son YES Ro ers YES Brookman YE5
Koester YES
MOTION PASSED UNANIMOUSLY.
Twait explained an appeal of the preceding action may be filed with the City Clerk
within 15 days of the action taken.
5-c. PZ09-Ofi - An application to rezone properties North of the Kenai Spur
Highway coxridor from McCollum Drive West to No-Name Creek from
Rural Residential 1(RR1) and Conservation (C) to Limited Commercial
(LC) . Application submitted by Rick Koch, City Manager for Kenai. City
Council, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska.
Chair Twait passed the gavel to Vice Chair Romain.
Vice Chair Romain reported his agreement with the City Attorney's findings regarding
the conflict of interest, noting Twait did not have a monetary conflict of interest and
neither Twait nor Koester were guilty of prejudgment.
MOTION:
Commissioner Bryson MOVED to overturn the prejudgment and Commissioner
Brookman SECONDED the motion.
VOTE:
Romain NO Wells NO Twait ABSTAIN
B son NO Ro ers NO Brookman NO
Koester ABSTAIN
MOTION FAILED UNANIMOUSLY.
MOTION:
PLANNING AND ZONING COMMISSION MEETING
FEBRUARY 11, 2009
PAGE 4
Commissioner Bryson MOVED to overturn the monetary conflict of interest and attach
the February 4, 2009 memo from the City Attorney. Commissioner Brookman
SECONDED the motion.
VOTE:
Romain NO Wells NO 'I~vait ABSTAIN
B son NO Ro ers NO Brookman NO
Koester NO
MOTION FAILED UNANIMOUSLY.
Vice Chair Romain returned the gavel to Chair T~nrait.
Kebschull reviewed the staff report included in the packet.
Twait opened the meeting to public hearing.
Glenn Clifford, Kenai -- Spoke in support of the rezone.
Sherri James, 303 Cinderella, Kenai -- Spoke in opposition to the rezone, noting
traffic issues and possible rent increases.
Peter Klauder, 40195 Frogberry, Kenai -- Spoke in support of the rezone, believing it
to be a positive move for the city.
The fallowing people spoke in opposition to the rezone, noting concerns expressed in
the packet of information submitted by the MAPS residents and included in the
Commission packet:
Roy Espy. 403 McCollum, Kenai
Chuck Winegarden, 309 Pxincess, Kenai
Dave Spence, former Kenai Central High School Principal
Don Wright, 604 McCollum, Kenai
Greg Daniels, 426 Rogers Road, Kenai
JoAnn Buzzell, 381 Senior Court, # 103, Kenai
Wa11y Ward, 708 Magic, Kenai
Kellie Kelso, 117 Walker Lane, Kenai
John Espy, 403 McCollum, Kenai
Ed Steiner, 4192 Bea~-ex Loop, Kenai -- Stated he enjoyed a compact city center
allowing for pedestrian traffic.
Sylvia Stewart, 401 McCollum, Kenai
Justin Wilhusen, 306 Hutto, Kenai
Glenda Feeken -- Spoke in support of the rezone.
PLANNING AND ZONING COMMISSION MEETING
FEBRUARY 1I, 2009
PAGE 5
Additional people who spoke; in opposition to the rezone:
Jessica Wilhusen, 306 Hutto, Kenai
Richard Kelso, 117 Walker Lane, Kenai
Kevin Dix, 306 Princess, Kenai
Janine Espy, 403 McCollum, Kenai
Walt Ward, 708 Magic, Kenai
Todd Wortham, 47586 Grant Avenue, Kenai -- Spoke in support of the rezone.
Colleen Ward, 708 Magic, Kenai -- Spoke in opposition to the rezone.
Blaine Gilman, 216 Susieanna, Kenai -- Spoke in support of the rezone, noting a min
of low volume businesses and residences was part of the Comprehensive Plan.
Patricia Falkenberg, 399 McCollum, Kenai -- Spoke in opposition to the rezone.
BREAK: 9:20 P.M.
BACK TO ORDER: 9:35 P.M.
Additional people who spoke in apposition to the rezone:
Debbie Sonberg, 410 Cinderella, Kenai
Mark Schrag, 312 Princess, Kenai
Becky Espy, 903 Magic, Kenai
Kellie Wannamaker, 603 Magic, Kenai
Kristine Schmidt, 513 Ash, Kenai
Leonora Frailer, 391 W. Rockwell, Soldotna
There being no further comments, the public hearing was closed.
MOTION:
Commissioner Romain MOVED to approve PZ09-06 and Commissioner We11s
SECONDED the motion.
Commissioner comments included:
• The highway could serve as a buffer.
• Thanked all citizens for their input.
• Concerned over further strip zoning along the highway.
• Need to consider the best interest of all citizens.
• Traffic concerns are understood.
• Some were not in support of all parts of the Limited Commercial Zane.
• The civility of the public was appreciated.
VOTE:
PLANNING AND ZONING COMMISSION MEETING
FEBRUARY l 1, 2009
PAGE 6
Rornain YES Wells NO Twait YES
B son NO Ro ers NO Brookman NO
Koester YES
MOTION FAILED.
BREAK: 10:I.6 P.M.
BACK TO ORDER: I0:20 P.M.
ITEM 6:
6-a. PZ09-08 -~ Discussion, Set Public Hearing -- A resolution of the
Planning and Zoning Commission of the City of Kenai, Alaska,
recommending to the Council that KMC 14.20.240(c)(6) be amended to
allow an extension for the ninety (90) day time limit for skirting in mobile
homes placed in mobile home parks.
Kebschull reviewed the staff report included in the packet, noting a public hearing
would be during the February 25, 2009 meeting.
ITEM 7: PENDING ITEMS
7-a, PZ07-25 -Recommending Council enact KMC 9.10.015 to require
dumpsters be screened on at least three sides.
ITEM S: REPORTS
8-a. City Council -- Council Member Molloy reviewed the action agenda of
the February 4, 2009 City Council meeting.
8-b. Borough Planning -- Borough Planning Commissioner Bryson reviewed
the agenda of the February 9, 2009 Borough Planning meeting.
8-c. Administration -- Kebschull reviewed the materials listed under
Information Items and Hated the cell tower ordinance would probably be postponed.
ITEM 9: PERSONS PRESENT NOT SCHEDULED -- None
ITEM Y0: INFORMATION ITEMS
10-a. 2008 Annual Report -Extraction of Natural Resources
IO-b. 2008 Annual Certified Local Government Report
YO-c. Reappointment letters Commissioners Rogers, Koester & Twait
PLANNING AND ZONING COMMISSION MEETING
FEBRUARY 11, 2009
PAGE 7
10-d. "Zoning Bulletin" - 1 / 10/09
ITEM 11: COMMISSION COMMENTS Sz QUESTIONS
Koester -- None
Brookman -- None
Wells -- Reported the Kenai Historical Society was busy planning the relocation of
historical cabins from the F`t. Kenay property.
Romain -- None
Bryson -- Apologized to Wells for interrupting earlier in the meeting.
Rogers -- None
ITEM 12: ADJOURNMENT
MOTION:
Commissioner Romain MOVED to adjourn and Commissioner Wells SECONDED the
motion. There were na objections. SO ORDERED.
There being no further business before the Commission, the meeting was adjourned
at approx[mately 10:30 p.m.
Minutes prepared and submitted by:
Corene Hall, Deputy City Clerk
PLANNING AND ZONING COMMISSION MEETING
FEBRUARY l I, 2009
PAGE 8
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MEMO:
"~/iffa e wit~t a Past, Gi with a ~~ctu~`e ~~
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210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-75351 FAX: 907-283-3014 ~~1~~1
11992
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning Administratione~~'
DATE: February 18, 20D9
SUBJECT: PZ09-03 -Establishing KMC 14,20.255
This item was postponed at your January 28th meeting. The postponement was to provide
administration sufficient time to review information received on the day of the public hearing.
Due to other commitments and deadlines, administration has not reviewed the material. It is
recommended that the Commission hold the public hearing that is scheduled for February 25th
and then postpone action until brought back by administration. Any suggested revisions to the
draft ordinance will be provided to the Commission for review after which a public hearing will
be scheduled,
r
a-~`~`~~... CITY OF KENAI
---~; ' PLANNING AND ZONING COMMISSION
-. :~~h.R ....
RESOLUTION NO. PZ09-03
thecityof
IiENfiv SKq
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI,' ALASKA, RECOMMENDING TO THE COUNCIL THE ENACTMENT OF 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 IN KMC 14.22.010 TO PROVIDE THAT
COMMUNICATIONS TOWERS/ANTENNAS ARE A CONDITIONAL USE IN THE CMU
ZONE.
WHEREAS, the City of Kenai has enacted the Kenai Zoning Code iri KMC 14.20; and,
WHEREAS, the Kenai Zoning does not contain a comprehensive regulation of the
establishment and placement of communications towers ixa its zoning code; and,
WHEREAS, due to the proliferation of cell phone use within the United States and
Alaska there is a rapid growth in the number of communications towers being
established; and,
WHEREAS, the Federal Telecommunications Act of 1996 places limitations on the
manner in which local governments xnay regulate communications towers; and,
WHEREAS, it is in the best interest of the City of Kenai and its' citizens to enact an
ordinance regulating the establishment and placerz~ent of communications towers
within the City's boundaries that is in conformance with the Federal
Telecommunications Act of 1996.
NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI,
ALASKA, amend: 1} K1VIC 14.20.220 as shown in Section II and 2)the City of Kenai
Code of Ordinances be amended by adding a new section to be numbered KMC
14.20.255 which shall read as follows.
Section I
KMC I4.20.255 Communications Towers and Comrnunicatlons Antenna(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 telecommunications antenna operated above ground iri a fixed
location, free-standing, guyed, or on a building ar other structure. An
amateur radio antenna is not a "communications tower" under this section.
(2) `°I`elecommunications" means the transmission, between or among points
specified by the user, of information of the user's choosing, without change
iri the form or content of the information as sent and received.
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PZp9-03
Page 2
(3) "Communications Antenna(s)" means any device used for the
transmission or reception of radio, television, wireless telephone, pager,
commercial mobile radio service or any other wireless communications
signals, including without limitation amni directional ar whip antennas and
directional or 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 communications 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 permitted use under
KMC 14.22.010 a communications tower/antenna shall be permitted by the
Planner upon a determination that ali of the applicable conditions in this section
have been met.
(c} Issuance of Conditional Use Permit, if allowed as a Conditional Use under KMC
14.22.010 and after notice and public hearing as set forth under KMC
14.20.280, 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 reguiating the placement, construction or
modification of a communications tower/antenna (s)axaay 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 limitation ari communications towers/antennas permitted or allowed
by conditional use are as follows:
(i) In the RR-1, RS, RS l , 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, IL 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 not exceeding 150 feet may be pernraitted on lots larger than 10
acres; height exceeding 150 requires a variance.
(5) Ira the RR District a freestanding tower with height rant exceeding 35 feet
may be permitted on lots of 1 acre or less; height exceeding 35 feet requires
a variance.
(fl Permitted height above structure. In all zones, a communications tower/
antenna mounted on a building, or structure other than a free standing or
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PZD9-03
Page 3
guyed communications tower must not extend more than thirty (30) feet above
the highest part of the structure.
(g) Height limitation near the Kenai Municipal Airport. Regardless of zone, all
communications tower(s) / antenna(s) irx aircraft-approach zones and within
eight thousand feet (8,000') feet of the main runway shall be subject to height
limitation on the basis of abstraction criteria as shown on the current FAA-
approved Kenai Airport Master Plan drawings which are an file at Kenai City
Hall. No variance may be granted under KMC 14.20.180 that deviates from this
requirement.
{h) Height variances. A free standing or guyed communications tower/antenna
exceeding height Iimitations may be permitted by the Planning and Zoning
Commission as a variance under KMC 14.20.180. No height variance maybe
granted that exceeds 150% of the maximum height allowed under this section.
(i) Variances from other general zoning district regulations, including setbacks,
zxaay 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 fallowing 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 laxtd uses an 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 ASI/ElA/TIA/222
standards ("Structural standards for steel communications 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 far 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, an a foam approved by the City Attorney, to remove
the communications tower/antenna(s) within 180 days after the
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Pz09-03
Page 4
communications tower/antenna(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;
(1 I) Evidence that applicable conditions in subsection (}) are met;
(12} Additional information required by the Planning and Zoning Department
for determination that all applicable zoning laws are met.
(k) Conditions. The applicant must show that all applicable conditions are met as
follows:
(1) Location and visual impact. The proposed comrrzunications
tower/antenna or 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 on an existing structure. The applicant must show that
a proposed communications tower/antenna and equipment cannot be
accommodated and function as required by applicable regulations and
applicant's technical requirements without unreasonable modifications on
any existing 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.
(~) Location on public property or other private property not suitable. Prior
to consideration for a permit for location an 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.
{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 code 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 or similar color unless otherwise required
under KMC 14.20,1.50 or by state or federal law or regulations.
(8) Distance from existing tower. A permit for a proposed caxnmunicatians
tower within I,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 contain only equipment meeting
FCC rules.
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PZ09-03
Page S
(10) Application of zoning rules. Land development regulations, v~isibillty,
fencing, screening, landscaping, parking, access, lot size, exterior
illumination, sign, storage, and all other general zoning district regulations
except setback and height, shall apply to the use. Setback and height
conditions in this section shall apply.
(11) Setback. In all zones, a communications tower must be a minimum
distance equal to the height of the communications 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 cammuxtications tower except
those reasonably needed for safety purposes or as required by the Federal
Communications Commission, Federal Aviation Administration or other
government 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 for 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 Caxnmission 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.
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Section YI
KMC 14.22.O1d LAND USE 'T'ABLE
l{EY: P =Principal Permitted Use
C =Conditional Use
S =Secondary Use
NOTE: Reference footnotes on following pages
for additional restrictions
iv = ivot rerrrurteu
ZgNING DISTRICTS
MISCELLAIVEOU5
LAND USES C RR TZR1 RS RSl RS2 RU CG CG IL IH I;D R TSH LC CN[U
Gunsmithing, Printing, N C C C C C G P P P P N C P P P
Assemblies15 (Large:
Circuses, Fairs, Etc.) C C C C C
IYaternalOrganizations/
Private Clubs/Social i-Tans
and Union Halls N C C C C
Nursing, Convalescent or
Rest Homes N C C C C
Parking, Off-Street P P P P P
Parking, Public Lots12 C C C C G
Personal Services C C C C C
Communications Towers & P [F] C C C
antennaf s] /Radio/TV
Transmitters/Cell Sites 27
C
Recreational Vehicle Parks C C C C N
Subsurface Extraction of C C C C C
C I C I P15 I P15 I P16 I P'S I P15 I C I P I N T Pks I
C I C I P I P I P I C I N ICI P ICI P
C I C i P l P I C I C I C ICI C ICI P
P P P P P F P P P F P
c c c c c c c c c c c
C C P P P P C C P P P
C C P P P P P C C C [P]
c
N C C C C C N C C N C
C C C C C C N C N N N
Natural Resourceszs
Surface Extraction of C C C C N N C N C C C N C N N N
Natural Resources17
* See 42 USCA Sec. 200occ (Religious Land Use and Institutionalized Persons Act of 2000)
*• See ~t2 "Telecommunications Act of 1996, Sec. 704(a)
'"** See, however, the limitations imposed under I{MC 3.10.070
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Footnotes:
1. Allowed as a secondary use except on the ground floor of the part of the building
fronting an 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 (1) single-family residence per parcel, which is part of the main building.
3. Allowed as a conditional use, subject to satisfying the following cozxditions:
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 sarx~e 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
for 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 rnet.
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Page 8
10. 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 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.
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 will
ma~dmize its benefit to the public;
b. Exits and entrances and off-street parking for the use are located to prevent
trafi~c hazards on public streets.
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 Commission shall specify the conditions necessary to
fulfill this requirement.
l4. Allowed as 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 strap of at least thirty [30) feet shall be provided between
said use and any adjoining property in a residential zone.
b. Exits and entrances and off-street parking for the use shall be located to prevent
traffic hazards an the public streets.
1fi. See "Conditional Uses" section.
17. See "Conditional Use Permit far Surface Extraction of Natural Resources"
section.
1$. Conditional Use allowed only on privately held property. Not 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 14.20.07D(a), except that for properties contained inside the airport perimeter
fence or having access to aircraft movement areas, ramps, taxiways or parking
aprons, FAA authorized uses are ailawed.
21. Developments for use shall be the same as those listed irr 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 or educational
facility.
24. Retail businesses allowed as a secondary use iri conjunction with the primary
use (e.g., a gift shop or coffee shop within another business).
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Page 4
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 fP] use if the
conditions set forth in K C 14.20.255._are met. Or a conditional use (C~ if the
conditions set forth in KMC 14.20.255 and 1.4.20.150 are xnet.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 25TH day of February 2009.
ATTEST:
CHAIRMAN
Public Hearing/Postponed: 1/28/09
New text underlined [DELETED TEXT BRACKETED 11ND ALL CAPS]
-~~~`~._ Suggested by; Planning and Zoning Commission
tl~ea'yof CITY OF KENAI
K~HA~ SKA
ORDINANCE NO. *-2009
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 TABI~E'Il~l KMC ].4.22.010 TO
PROVIDE THAT COMMUNICATIONS TOWERS/ANTE~'NAS ARE A CONDITIONAL USE
IN THE CMU ZONE.
WHEREAS, the City of Kenai has enacted the~l~:~~»aiLonii~.~; C'cde in KMC 14.20; and,
WHEREAS, the Kenai Zoning does not co~ii ~~~i~~ a cornprehensi~~e regulation of the
establishment and placement of commun~~ltians towers in its zc,irt~rg code; and,
WHEREAS, due to the proliferation of cell ph~rt7c~ ir5e «~ tl~n the United 'fates and
Alaska there is a rapid growth iii ~1 h~ plumber of ct. ~~i~7tnicatians towers. Leing
established; and, ~ ~`
,a
WHEREAS, the Federal Telecommur~ic4ltic,ns 1~1ct of ] ~3~)t> lalaces limitations on the
manner in which local ~c~~c~rnments ri~~i~r r-e~~ulate <~~ yrl~ri7~n-ric_~~~itions towers; anal,
WHEREAS, it is in tlir best ir7 k?i~est of the C.':iL~ c;1~ Kenai ~uxd its' citizens to enact an
ordinance regulatiai~ the estdL>)a~,~ment arltl l~I:~cement of communications towers
within the City's be>Ll~~chiies tl~~~ is_in conioz7#aance with the Federal
TeleCOmmtinicatioils 11'1."C~l~ I~1~~f~.
'~~
NOW, "'T'H E S.1:FORE,' BI= I"l, c~ KL)r1i N ED BY ' ;° ~ < COUNCIL OF THE CITY OF KENAI,
ALAS~1, ;that; 1) KMC 1-1.2(} ~u~'i~s,, ainende as shown ix~. Section II and 2)the City of
Kenai Coale ~~f Ordinances is hers by- r«nended .by adding a new section to be numbered
KMC 14.20.'>>5 which shall rt~~ul a~ fuows.
Section I
KMC 14.20.255 Communications Towers artd Communications Antenna(s)
(a) Definitions. For purposes of this section, the following definitions apply.
(i) "Communications tower" means a tower, pole or similar structure which
supports a telecommunications 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 Power" 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 farm or content of the information as sent and received.
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Ordinance No. *-2009
Page 2 of 8
{3) "Communications Antenna(s)" means any device used for the transmission
or reception of radio, television, wireless telephone, pager, commercial
mobile radio service or any other wireless communications signals,
including without limitation omni directional or whip antennas and
directional or 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 communications 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 permitted 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 Permit. If allowed as a Conditional Use under KMC
14.22.010 and after notice and public hearing as set forth under KMC
14.20.280, 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 or
modification of a communications tower/antenna (s}maybe 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 limitation on 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 perxr~itted; height exceeding 35 feet requires a variance.
(2) In the CG, ED, R, IL 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.
(~) In the RR District a free standing or guyed communications tower with
height not exceeding 150 feet may be permitted on Iots 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 or less; height exceeding 35 feet
requires a variance.
(~ Permitted height above structure. In all cones, a communications tower/
antenna mounted on a building, or structure other than a free standing or
guyed communications tower must not extend more than thirty (30} feet above
the highest part of the structure.
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Ordinance No. *-2009
Page 3 of S
(g) Height limitation near the Kenai Municipal Airport. Regardless of zone, all
communications towers )/ antenna(s) in aircraft-approach zones and within
eight thousand feet (8,000') feet of the main runway shall be subject to height
limitation on the basis of obstruction criteria as shown on the current FAA-
approved Kenai Airport Master Plan drawings which are on file at Kenai City
Ha11. No variance maybe granted under KMC 14.20.180 that deviates from this
requirement.
(h} Height variances. A free standing or guyed communications tower/antenna
exceeding height limitations may 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 far 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 far proposed structures and communications
antenna(s), including description of design characteristics and material.
(2) A site plan drawn to scale showing properly boundaries,-tower location,
tower height, guy wires and anchors, existing structures, photographs ar
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 retards,
serving any properly within the city;
(4) A report from a structural engineer registered under AS 08.4$ 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
ASI/EIA/TIA/222 standards ("Structural standards far steel
communications antenna towers and communications antenna supporting
structures"};
(5) Identification of the owners of the communications tower/antenna(s) and
equipment to be located an the site;
(6) Written authorization from 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/antenna(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;
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Ordinance No. *-2009
Page 4 of 8
{11) Evidence that applicable conditions in subsection (j) are met;
(12) Additional information required by the Planning and Zoning Department
for determination that all applicable zoning laws are met.
(k) Conditions. The applicant must show that all applicable conditions are met as
follows:
(i) Location and visual impact. The proposed communications
tower/antenna or accessory structure will be placed iri 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 on an existing structure. The applicant must show that
a proposed communications tower/antenna and equipment cannot be
accommodated and function as required by applicable regulations and
applicant's technical requirements without unreasonable modifications on
any existing 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 on public property or other private property not suitable. Prior to
consideration fox a permit for location on private property which must be
acquired, applicant must show that available publicly ov~med 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.
(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 code met. The applicant must meet all applicable health, nuisance,
noise, fire building and safely code requirements.
(7) Paint. A communications tower/antenna must be either unpainted or
painted in anon-contrasting grey or similar color unless otherwise
required under KMC 14.20.150 or by state or 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 contain 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 all other general zoning district regulations
except setback and height, shall apply to the use. Setback and height
conditions in this section shall apply.
lVew Text Underlined; (DELETED TEXT BRACKE'T`ED]
Ordinance No, *-2009
Page 5 of 8
(11) Setback. In ail zones, a communications tower must be a minimum
distance equal to the height of the communications 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 communications tower except
those reasonably needed for safety purposes or as required by the Federal
Communications Commission, Federal Aviation Administration or other
government agency with jurisdiction.
(14) The communicatlons 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 for 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 14.22.010 LAND USE TABLE
KEY: P =Principal Permitted Use
C =Conditional Use
S ~ Secondary Use
N =Not Permitted
NOTE: Reference footnotes on following
pages for additional restrictions
ZONING DISTRICTS
MISCELLA1~lE0US
LAND USES C RR RR1 RS RS1 RS2 RU CC CG 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
Assembliesls (Large:
Circuses, Fairs, Etc.) C C C C C c c Pis pis pis pis pis C p N pas
Fraternal Organizations/
Private Cluhs/Social
Halls and Union Halls N C C C C C C P P F 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 Lots12 C C G C C C C C C C C C C C C C
Personal Serviceszs 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 [P]
& antenna s /Radio/TV
Transmitters/Cell Sites z~
C
C
Recreational Vehicle C C C C N N C C G C C N C C N C
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Ordinance No. *-2009
Page 6 of 8
Parks
Subsurface Extraction of C C C C C C C C C C C N C N N N
Natural Resources~s
Surface Extraction of C C C C N N C N C C C N C N N N
Natural Resources~~
* See 42 USCA Sec. 2000cc (Religious land Use and Institutionalized persons Act of 2000}
** See 42 Telecommunications Act of 1.996, Sec. 704(a)
*** See, however, the limitations imposed under KIVIC 3.10.070
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 (1) 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 skull be used only for residential purposes and customary accessory uses, such as
garages, storage spaces, and recreational and conununity 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 for 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.
10. 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 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 vuill not adversely affect the commercial development of the zone.
IVew Text Underfed: [DELETED TEXT B12ACKETED]
Ordinance No. *-2009
Page 7 of S
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 will maximize its
benefit to the public;
b. Exits and entrances and off street parking for the use are located to prevent traffic hazards on
public streets.
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 Commission shall
specify the conditions necessary to fulfill this requirement.
14. Allowed as 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 (SO) feet shall be provided between said use and any
adjoining property iri a residential zone.
b. Exits and 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 "Conditional Use Permit for Surface Extraction of Natural Resources" section.
18. Conditional Use allowed only on privately held property. Not allowed on government lands.
19. Deleted by Ordinance 2144-2006.
20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a),
except that for 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 for 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 or educational facility.
24. Retaii businesses allowed as a secondary use in conjunction with the primary' use (e.g., a gift shop or
coffee shop within another business).
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 (P] use if the conditions set forth
in KMC 14.20.255 are m_ e_t.__ Or a conditional use (Cl if the condit_i_o_n_ s set forth in KMC 14.20.255 anal
120.150 are met.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2D08.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
New Text Underlined; (DELETED TEXT SRAC~:i'ED]
Ordinance No. *-2009
Page 8 of 8
Introduced:
Adopted:
Effective:
New Text Underlined: (DELETED TEXT BRACKETED]
Y°',a
S~
LAWYERS
DANI CR05BY '" P'~ATTHEW T. ~INpLEY '~ PONALb W. MCCLINTOCK III
ROBERT A. ROYCE :a A. WILLIAM $AUPE a ~ACOB A. SONNEBORN
OF COUNSEL MARK E. ASH9URN • ~ULIAN L. ("JASON III
January ~6, 2009
Email: mkebschull@ci.kenai.ak.us
Planning and Zoning Commission
City of Kenai
c/o Ivlarilyn Kebschull, AICP, City Planner
2i0 Fidalgo Avenue
Kenai, Alaska 99511
Re: Proposed Telecommunication Tower Ordinance
P&Z Resolution No. PZ09-03
Our File No.: 10638.405
Dear Chairperson Twait and Men~.bers of the Commission,
This firm represents AT&T Mobility and Alascom, Inc, dba AT&T Alascom, and would like to
take this opportunity to share our canunents on proposed P&Z Resolution PZ49-43. First, we
agree that the passage of appropriate regulations is the best way to harmonize appropriate
development with the advancement of the modern telecommunication services that our
customers and your consfttuents all demand. It is in that spirit that we offer the following
comments.
First, as a resource material, we include a model ordinance that, although it does not fit intact
into your regulatory scheme, does provide comments and perspec#ives that may be helpful in
your deliberations. The December 2405 Model Wireless Telecommunications Ordinance by
PCIA (the "PCIA Model Ordinance"} provides a national standard and a point of reference for
these comments,
Our comments focus on several cure concepts: the perspective that towers, but not antennas,
should be regulated; the height limitations imposed on the towers and the variances related to
them; and the goal to promote collocation and alternatives to the construction of new towers.
f 2Z7 WEST 9TH AVENUE, 5u~T~ 200, ANCHORAGE, AK 99501 `~ T&L 907:276.4331 - FAx 907.277.8235
.ASHBURN MA.,SONn.~.
Planning and Zoning Commission
Page 2
January 28, 2009
Webelieve swell-crafted ordinance will allow and promote collocation and the construction of
taller towers in those districts where acceptance is higher (such as commercial anti industrial
lands}, but still have the flexibility to allow the introduction of towers outside of those zones
when necessary to promote the level of service the citizens of Kenai expect.
The comments track the referenced section.
1. KMC 14.20.255 (a) (1). We request that utility poles be exempted from the definition of
"Communications tower." Such poles provide convenient locations far mounting transmission
antennas that do not require height such as far wireless broadband. Since the utility poles
already exist, the aesthetic considerations of a new tower are not implicated. Other utilities may
also use the pales for mounting of telemetry devices.
2. ICMC 14.20.255 (a) (2). We are uncertain about the impact ofthe definition of
`Telecommunications" and are not sure what the reference to "without change in form or content
of the information as sent ar received" is intended to exclude, or if it inadvertently includes other
activities not intended to be regulated. Further, since the proper area of local regulation is the
tower or structure, most codes focus on defining the structures or towers, e.g., the
"Telecommunications To~c~veri" or "Teiecornmunication Facility." The definition of
"'Telecommunications" does not have any real purpose except to firrther defrne
"teleconmunications antenna" in subsection (a)(1), which may ar may not be consistent with the
definition of "Communication Antenna(s)" in subsection (a)(3}. Accordingly, we think the
definition should be deleted or its purpose clarified.
3. KMC 14.20.255(b}, (c). These sections, along with Section II, define which zones
allow communications towers/antennas as a permitted use and which zones as a conditional use.
However, it does not distinguish between towers and antennas. Webelieve that if the goal is to
faster effective telecommunications and avoid the construction of unnecessary towers, then a
distinction should be made. Towers, not. antennas, should be the focus of regulation. The
regulatory requirements this Code proposal places on the construction and replacement of non-
towerbased antennas adds unnecessary expense and presents an unnecessary barrier to the use of
alternatives to new towers.
In short, any time an antenna can be placed on an existing structure, such as a power pole
or a building, it will reduce the need for new tower structures. flowever, subjecting antennas to
' For example, in Anchorage, "Towers" are defined at AMC 21.35.020. In the PCTA
Model Ordinance, "Telecommunications Facilities" are defined.
ASHBURN ~MA,SQNec,
Planning and Zoning Commission
Page 3
January 28, 2009
the conditional use process adds an addstionallevel of cast or scrutiny that is not necessary for an
ordinance properly focused on the regulation of towers. Because most zoning districts only
allow either antennas or towers by conditional use, the penalty in the proposed code is
significant. The PCIA Model Ordinance 2 does include more detail on the administrative review
ret~uired for building antennas without a new support structure, and your own building code xnay
already provide an overlay of scrutiny as to wind loading or the electrical connections necessary
for a new antenna on an existing structure. But the type of scrutiny usually involved in a
conditional use hearing, as well as the f ling requirements, should not be required to simply
mount an antenna on a building.
4. KMC 14.20.2SS(e). This lizn.its the height of towers in these residential districts to 3S feet.
This limitation is consistent with the building restrictions for some of the included zones, but not
the RU, CC and TSH districts, which currently do not have a height restriction. Since the
variance procedure only allows increasing the tower height by 50%, the maximum height that
could be achieved in any of these zones is 52.5 feet. This is well below what is generally
required~in the industry for adequate coverage free of interference by foliage and other buildings.
In the PCIA Model Ordinance, for example, height is limited to fifty (50} feet by right in all
zones. In Anchorage, towers in residential zones are allowed up to sixty-five (65) feet, with
additional height allowed for collacation.3 Tn general, a 35~foot limitation in an urban area, or an
area with, foliage, is not a practical height and is tantamount to a ban of towers in these zones.
We are not prepared to address what height strikes the best balance between the concerns of the
community and the technological needs of providing our services, but will be happy to pursue
that further with staff if the Corrunission returns this proposal to staff with a recommendation to
resolve these issues prior to being sent to the Council.
Additionally, because a 35-foot height limitation already exists for all structures, it is
unclear whether it would be permissible to place an antenna on an existing building already at
the maximum 35 foot height, at least without a variance, because the tower and antenna could
both be treated as a structure subject to the height limitation. A contrary intent may exist, as
Subsection (f) provides that antenna and structures on buildings cannot exceed 30 fee#. That is a
reasonable limit, but it is unclear how this wi11 be applied where existing buildings are already at
the height limit. Would the additional antenna be considered an impermissible increase in
height? Some clarifying language should be included that excludes towers and antennas
mounted on existing buildings, but subject to the additional thirty (30} foot limitation of
2 See PCIA lviodel Ordinance, Part IV.
3 AMC 21.45.265.A.3.c
ASH $URhT ~,_MASC~t~ac.
Planning and Zoning Commission
Page ~
January 28, 2009
subsection {~. We suggest that subsection (f} be re-worded as follows to reflect this intent {if
that is the intent):
Permitted height above structure. In all zones, notwithstanding the height limitations a,~
set forth in_this Code with respect to building or_other structure height or tower hei lg_~t, a
communications tower/antenna may be mounted on an exx_ •stina building, ar structure,
other than a free standing or guyed communications tower, so long as it does not [MY7ST
~OTi_extend more than thirty (30) feet above the highest part of the structure. (Suggested
Language revisions axe proposed in legislative format)
in the RU and CC zones, since there are no current height limitations, it may be
better to move those categories to conditional use review and approval under subsection
(e)(2}. While we can understand why you would not want towers in the TSH (historic)
district, both of the RU (urban residential} and CC (central commercial) districts are
likely high usage areas so the opportunity to have an effective tower may be important to
provide coverage if no other alternative is available.
'You should keep in mind that there is a trade-off between the number of towers
and their height. Higher towers allow more opportunities for collocation, which reduces
the number of towers needed. This proposed Cade is different from most as it offers no
incentive, usually granted by additional height, to build towers that will accommodate
other users through collocation. We would recommend that the Commission give serious
consideration to recommending that additional height can be earned as an incentive to
allow collocation.
Finally, the RR (rural residential) district in subsection (e)(S) has the same issue of
a 3S-foot height limitation as the other residential zones, and we request it be increased.
In rural areas, a 3S-foot tall tower will not work, and the height should be increased. It is
not clear in the RR (rural residential) zone what the height limitation is on lots between 1
acre in size and 10 acres in size. We suggest that RR lots greater than 1 acre should be
allowed the taller towers proposed for tracts greater than 10 acres. Generally, these Tats
will be wooded and these lower usage areas generally require higher towers to provide
reasonable coverage.
5. KMC 1~.20.2SS(j). The current application language addresses new construction,
but leaves the question of whether a permit or conditional use review is required to
p.s H>~u~ nn.ASOr`r~.~.
Planning and Zoning Commission
Page 5
January 28, 2049
replace an existing antenna. As we believe antennas should not be regulated, we suggest
this can be addressed by having the ordinance rewritten so it is focused on
Communication Towers, and not Communication Antennas. Otherwise, a clause should
be inserted rnakang clear that the repair, replacement or upgrade of an existing antenna
does not trigger conditional use review nor does it require any special permit review other
than normal building code requirements applicable to all uses.
6. KMC 14.20.255(j) (8). We are not clear why the City is requiring a line of sight
study. Generally those are required far microwave links or to establish in rural areas the
outermost area of service i.e., where a customer with an unobstructed line of sight can
obtain coverage. Since the geographical lirnaits of the city are not extensive, we are not
sure what this requirement adds to the regulatory scheme and it seems an unnecessary
expense. By comparison, the map coverage requirement is productive as the propagation
maps generally describe the need far the new tower in its proposed location and height.
7. KMC 14.20.255(k}. We read subsection (k} to set forth the additional standards that
have to be met for conditional uses. As warded, these standards could apply to permitted
and conditional use towers and antennas, and it should be clarified that these are the
conditional use standards.
Further, given the extreme height limitation in some of the districts, it will be very
difficult to show the tower will meet future needs as required in subsection (k){5) as it is
unlikely there is any room to provide for future capacity on a 35-foot tall tower.
Again, we look forward to working with the City sa we, along with other
telecommunication carriers, can provide its residents with the modern service everyone
depends upon. We hope these comments will faster discussion of revisions to this
proposed Code prior to presentation to the Council so that the Council may have the
benefzt of your review and advice. Because of the timing of the hearing, we will not be
able to have a representative attend this meeting, but we remain available to talk or work
with the staff. It is our request that the Commission return the proposed ordinance to
staff with the reeom~nendation that it be revised to deal with these concerns and we are
happy to work with staff to that end.
~~H$UR[~ MASONr.c,
Plaxu~.ing and Zoning Commission
Paga 6
~ranuary 28, zaa9
v~xy truly yours,
ASHBURN & MASON, P.C.
~~
Donald "UV. McClintock
l;nc:
DWM:~aw
P:1Clien1e110538.0051[Ceaai P2 Ur 080126 {v2•DAC).doc
MODEL WIFELESS TELECOMMUNICA7CIONS
ORDINANCE
PCIA, THE WIRELESS XNFRASTRUCTURE ASSOCIATION
December, 2006
About PCIA
PCIA is anon-profit trade association seeking the advancoment of the wireless communications
industry through advocacy, technical and marketplace initiatives, PCIA supports programs and
policies that oxpand the growth of the wireless network infrastructure and deployment industry.
PCIA's goal is to create a better #inancial and business environment in which its raem6ers can
grow and succeed. Far more information, please go to,,~~~I3 ,:
MODIuL WIRELESS TELECOMMUNICATIONS ORDINANCE
I. Purpose attd Le¢islatlve [n>Gextt.
The purpose of this Wireless Telecornmunieations Ordinance is to ensure that residents and
businesses irz [the Municipality] have reliable access to wireless telecommunications networks
and state of the art earnmunications services while also ensuring that this objective is achieved in
a fashion that preserves the intrinsic aesthetic character of the community and is accomplished
according to [the Municipality's] zoning, planning, and design standards. The
Teleconununications Act of 199b preserved, with certain limitations, local government land use
and zoning authority concerning the placement, construction, and modification of wireless
telecommunications facilities. [The Municipality] recognizes that facilitating the development of
wireless service technology is an essential component of public safety, and can be an economic
development asset to [the Municipality]. To accomplish the above stated objectives and to
ensure that the placement, construction or modification of wireless telecommunications facilities
complies with all applicable Federal laws, and is consistenk with [the Municipality's] land use
policies, [the Municipality] is adopting a single, comprehensive, wireless telecommunications
ordinance.
This Ordinance establishes parameters for the siting of Wireless Telecommunica#ions Facilities.
By enacting this Ordinance it is [the Municipality's] intent to:
(1) 'Ensure access to reliable wireless communtcatioris services ihrotighoufi.all areas of _
[the Muriic~pality] 3 Comment lF+j~(?tfiL+~l):'fttistsuapouaat
b+tciu;~!t~ral~ xkitirj~~dc~ll)x6r~ Ai14 ....'
C6vlCCe'Pt CC~151LCfi ~ fn tlic,rf %JSiu• }`7~~fi~ 1111=,
(2) 'Encouri3gg the-use of exi§tiitg Monopoles, Towers; Utilityk'oles and other wn,lo s~4f~~el
sEnxctures fOr~the collocation of Telecommunications Facilities„ ~ comment[MSOI'IiCe2)t A eu~epolwygoalh re.
u to aesenucage co lucaQan ofwualaae faeSlhies on-
,~axul,n~SLU[IVr ate- -
(3) Encourage the Location of new Monopoles and Towers ninon-res>;dential areas; _ ..
(4) Minimize the number of new Monopoles and Towers that would otherwise need
to be constructed by providing incentives for the use of existing structures;
(5) Encourage the location of Monopoles and Towers, to the extent possible, in areas
where the adverse impact on the community will be minimal;
(6) Minimize the potential adverse effects associated with the construction of
Monopoles and Towers through the implementation ofreasonable design,
landscaping and construction practices;
(7) Ensure public health, safety, welfare, and convenience; and
{8} Conform to Federal and State laws that allow certain antennas to be exempt from
local regulations.
II. beSnltions.
For the purposes of this Ordinance, the following terms shall be defined as:
Accessory Equipment -- Any equipment serving ar being used in conjunction with a
Telecommunications Facility or Support Structure. This equipment includes, but is not ]imited
to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment
buildings, cabinets and storage sheds, shelters of other structures.
'Administrative Approval =- Zoning approval that the [Zoning Administrator] or designee is comment [tlSorryoe3] 'm,s eppmva~~wuuld
notrepuStea publluhearitig
authorized to grant after Administrative Review. ..-~-...•.,.,,,...- - ,._ ~~ma -=
Administrative Review -- The procedures established in Sec#ion IV E of this Ordinance.
Antenna -- Any structure or device used to collect ar radiate electromagnetic waves for the
provision of cellular, paging, persona3 communications services {PCS) and microwave
communications, Such structures and devices include, but are not limited to, directional
antennas, such a panels, microwave dishes and satellite dishes, and omnidirectional antennas,
such as whips.
Collocation -- The ac# of siting Telecommunications Facilities in the same location on the same
Support Structure as other Telecommunications Facilities, Collocation also means locating
Telecommunications Facilities on an existing structure {for example: buildings, water tanks,
towers, utility poles, etc.) without the need to Construct a new support structur®.
Carrier on Wheels or Cell an Wheels ("COW") -- Aportable sel f-contained cell site that can be
moved to a location and set up tv provide personal wireless services on a temporary or
emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the
Antenna support structuro,
Ordinary Maintenance -- Ensuring th~# Telecommtunications Facilities and Support Sn•uctures are
kept in good operating condition. Ordinary Maintenance includes inspections, testing and
mod3ftcations that maintain functional capacity, aesthetic and structural integrity; for example
the strengthening of a Suppeat Stru~ure's foundation or of the Support Structure itself. ~riiinary
Matnteiiance tncludes;replaciit,~ Anteriiias ~ld'Accessory Egtiipirzent o:h s Iike-for-like basis
wrtlutt;an.existiitg Telecotnrr-utliicattons;Facility'aitd relocapng tile: Anteittaas of approved
Telecommunications Facrlrttes to different height levels on an racisting Mariopola or Tower upon ,
. ,
which they are eutTently located: Ordinary Maintenance does not include.Minor and Major -__
fco iherit [MS6ffloe4]: 'il,e des,,nption of
Modifications. leniiuawap¢ae"atd,narynuintanahce I:Y
unporlan~ bpcatue cazncro rr~iafly ypg[ada
entehisaf As P~tt.uf...Peb4¢[c adWDSic uementsx.
Major Modifications -- Improvements to existing Telecommunications Facilifies or Support
Structures that result in a substantial change to the Facility or Structure. Collocation of new
Telecommunications Facilities to an existing Support Structure without Replacement of the
structure shall not constitute a Major Modification. Major Modifications include, but are not
iimited to, extending the height of the Support Structure by more than twenty {2Q) feet or ten
percent (10%} of its current height whichever is greater, and the Replacement of the structure.
Minor Modifications -- Improvements to existing Telecommunications Facilities and Support
S#ructures, that result in same material change to the Facility or Support Structure.but of a level,
quality or intensity ghat is less than a "substantial" change: $ughlVliztor IVlolifioations ugluite;
but ar~.not Lmited.to, exttendmg the heiglit of the. Support Structute; by less:than twenty (20)-feet
or ten.percent.(1 t?%) of its current height; whiclieYer. is. greater, and the expansion of the
compound area for'additional Accessory Equipment, ,
Monopole --A single, freestanding pole-type structure supporting one or more Antenna. For
purposes of this Ordinance, a Monopole is not a Tower.
Replacemenk -- Constructing a new Support Struchn'e of proportions and of equal height or such
other height as would be allowed under the deftnition of Minor Modification to apre-existing
Support Structure in order to support a Telecommunications Facility or to acconimadate
Collocation and removing the pte-existing Support Structuro.
tam m ent 4MS4f!•jce3]: Such modlftcai:oi~s
haveilt7 thl~' apud~'3r2rr~~7 Phi}
aliemAa4er t~,It~f~nait~boW` [~
reas4q!;,thcPrdu'~an;, ;nct~rf,;u~ m`~rt~rtikti~islk(~i
CM.t811i1~,5lNCAUi'Odt~l[Oll~h6%pafi~adr~uief°ry,~
. hrali4Ctlt, .... - --
Ste<li Telecommunications Facility:-- Any Telecommunications Facility that is integrated as an ~ ~ Comment [MSnitice6] ~iedxra~on to employ
architectural feature ofa structure sa that the ose of the Facilit for rovidin wireless steatmiecfu~0[°By~1tilVOSgVeriety0fen~n~tns,
p~P y p $ ahucNrat and finanv~el Itictora; old sh°u1d be made
services ~s not read-ly apparent to a casual observer. , ~y;~a nrnv°rk °p~~etom
Support Structure(s) - A structure designed to support Telecottvnunicationa Facilities including,
but not limited to, Monopoles, Towers, Utility Poles and other freestanding self- supporting
structures.
Telecommunications Facility(ies} -- Any unmanned facility established for the purpose of
providing wireless transmission of voice, data, images or other information including, but not
iimited to, cellular telephone service, personal communications service (PCS), and paging
service, A Telecommunication Facility can consists of one or more Antennas and Accessory
Equipment or one base station.
Tower -- A lattice-type structure, guyed or freestanding, that supports one or more Antennas.
IfI. Approvals Required for Telecommunications Facilities and Support Structures.
{A) Administrative Review. Telecommunications Facilities located on any existing
support structure shall be permitted in any zoning district after Adnunistrative
Review and Administrative Appravai in accordance with the standards set forth in
this Ordinance. New Support Structures that are loss than sixty {6Q) feet in height
shall ba permitted in any zoning district after Administrative Roview and -
Administrative Approval in accordance with the standards set forth in this
Ordinance. New Support Structures up to one hundred ninety-nine {199) foet in
height shall be permitted in any ]ndustrial District after Administrative Review
and Administrative Approval in accordance with the standards set forth in this
Ordinance. Monopoles ar replacement poles located in utility easements or
rights-of--way shall be permitted in any zoning district after Administrative
Review end Administrative Approval in accordance with the standards set forth in
this Ordinance. Stealth Telecommunications Facilities shall be permitted in any
zoning disttlct after Administrative Review and Administrative Approval in
accordance with the standards sat forth in this Ordinance.
(B) Special Permik Telecommunications Facilities and Support Structures not
permitted by Administrative Approval shall be permitted in any district upon the
granting of a Special Permit from the [Zoning Board] in accordance with the
standards sat forth in this Ordinance.
(C) Exempt. Ordinary Maintenance of existing Telecommunications Racilities and
Support Structures, as defined herein, shall be exempt from zoning and permitting
requirements. ~ In addition, the following facilities are n~ subject to the
provisions of this Ordinance: (I) antennas used by residential households solely
for broadcast radio and television reception ; {2}satellite antennas used solely for
residential or household purposes; (3) COWS placed far a period of not more
than one hundred twenty (120) days at any location within [The Municipality]
after a declaration of an emergency or a disaster by the Cxovernor or by the
responsible official of [The Municipality]; and (4} telovlsian and AM/l'M radio
broadcast towers and associated facilities,
I'V. eteeomm cartons lTacilitles and u ort uetures P fitted b Adminis#rativ
oval.
A. Telecommuntcatlons Ttaclllties )Located on Extsting S#ructures
(1) Antennas and Accessory Equipment are permitted in all zoning districts
when located on any existing structure, including, but not limited to,
buildings, water tanks, utility poles, broadcast towers or any existing
Support Structure in accordance with the requirements of this Part.
(2) Antennas and Accessory Equipment may exceed the maximum building
height limitations, provided rho Antenna and Accessory Equipment are in
compliance with the requirements and standards of this Part.
(3) Each Antenna mounted on existing structures and any Accessory
1quipment shall meet the following standards:
(a) Omnidirectional or whip Antennas shall not exceed twenty {20}
fret in length and not exceed seven (7) inches in diameter and shall
be ofa color tha# is identical or similar to the color of the
supporting structure to make the Antenna and related Accessory
Equipment visually unobtrusive.
(b) Directional or panel Antennas shall not exceed ton {l0) feet in
length end two (2) feef in width and shall be of a color that is
identical ar similar to the color of the supporting structure to make
the Antenna and related Accessory Equipment visually
unobtrusive.
{c) Cylinder-type Antennas shall not exceed ten (10} feet in length and
not exceed twelve (12}inches in diameter and shall be of a color
that is identical or similar to the color of the supporting structure to
make the Antenna and related Accessory )?quipment visually
unobtrusive.
{d) Satellite and microwave dishes shall not exceed ten (10) feet in
diameter. Dish antennas greater than three (3) feet in diameter
shall be screened with an appropriate architectural treatment that is
compatible with or integral to the architecture of the building to
which they are attached. This screening requirement shall not
apply to dishes located upon Towers or Monopoles.
(e) Chher Antenna types aot specifically mentioned above shall 6e
pertitted if they are not significankly greater in size and will have
" a visual impact no greater than the Antennas listed above. This
provision is specifically included in this Ordinance to allow For
future technological advancements in the development of
.Antennas.
(f} Accessory Equipment must comply with Section Vl (E).
B. New Support Structures
(1) New Support Structure less than i`tfty (60) feat in height shall be permitted
in all zoning districts in accordance with the requirements of this Part,
(2) New Support Structures up to one hundred ninety-nine (199) feet in height
shall be permitted in all Industrial Districts in accordance with the
requirements of this Part. The helght of any proposed support structure
shall not exceed the minimum height necessary to meet the coverage
objectives of the Facility. The setback of the structure shall be governed
by the setback requirements of the underlying zone.
(3) Tirthe ease oFa:monopoles."or replacemenC.poles that will support utility
lines as swell as a Telecoriinunications Facility shell, be permitted 4vithiii
_ ,..
,..
utilrty'easeinents:or rights=of-way; in accordance with rcqutreinents`of _
this Part; l Cbmmen! [M5QEilt97] pd§,aechon alLowa for
eflfc{ert} ux o~public n~ZFts of way for Iha prov7e+un
ofwirelasssswiccs:"
5
(a) The utility easement orright-of--way shall be a minimum of
one hundred {144) feet in width.
(b) The easement or right-of--way shall contain overhead utility
transmission and/or distribution structures tha# are eighty
($4) feet or greater in height.
(c) The height of the Monopole or replacement pole may not
exceed by more than thirty (34) feet the height of existing
utility support structures.
(d) Monopoles and the Accessory Equipment associated there
with shall be set back a nvnimum of fifteen {15)feet from
al l boundaries of the easement or right-o£ way.
(e) Single carrier Monopoles maybe used within utility
easements and rights-of way due to the height restriction
imposed by Subsection (e) above.
(f) Poles that use the structure of a utility tower for support are
permitted under this Section. Such poles may extend up to
twenty {20) feet above the height of the utility tower.
(4) Monopoles or replacement poles located on public property or within
publicrights-of--way that will support public facilities ar equipmetlt in
addition to Telecommunications Facilities shall be perlrritted in
accordance with reguirerncnts of this Part. Examples include, but are not
limited to, municipal communication facilities, athletic field lights, traffic
lights, street lights, and other types of utility poles in the publicright-of-
way.
C. Steaitlt Telecommunfcatfons Facilitfes
(1) Stealth Telecommunications Facilities shall be permitted in all zoning
districts after Administrative Review and Administrative Approve] ht
accordance with the requirements below:
(a) Antennas must be enclosed, camouflaged, screened, obscured or
otherwise not readily apparent to a causal observer.
(b) The structure u#iliaed ko support rho Antetnas must be allowed
within the undor'lying zone district. Such structures may include,
but are not limited to, flagpoles, bell towers, clock towers, crosses,
monuments, smoke stacks, parapets, and steeples,
6
(c) Setbacks for the supporting structure shall be governed by the
setback requirements of the underlying zoning district.
D. General Standards, Design Requirements, and Miscellaneous Provisions
(1} Unless otherwise apeciticd herein, all Telecommunications Facilities and
Support Structures permitted by Administrative Approval are subject to
the applicable general standards and design requirements of Section VI
and the provisions of Section VI[.
1~'. Administrative Review Process
{1) All Administrative Review applications must contain the following:
(a) Administrative Review application form signed 6y applicant.
(b) Copy of lease ar letter of authorization from property owner
evidencing applicant's authority to pursue zoning application
(e) Zoning Drawings detailing; proposed improvements. Irawings
` must depict improvements related to the requirements listed in this
Part, including property boundaries, setbacks, topography,
elevation sketch, and dimensions of improvements,
{d) In the case of a new Support Structure:
{i) ;Statement documenking; why collocation cannot rrreet the
applicant's requirements. Such stateitenE may inoiude
such teehtiical ufaiiiatiori and ciilie~,justifications ss'are
necessary to. document the reasons why callueatiori irv not a
viable option; and
(ii) The applicant shall provide a list of all existing structures
considered as alternatives to the proposed location. The
applicant shall provide a written explanation why the
alternatives considered were either unacceptable or
infeasible due to technical, physical, or financial reasons.
If an existing tower or monopole is listed among the
alternatives, applicant must specifically address why the
modification of such structure is not a viable option.
(iii} Applications for now Support Structures with proposed
Telecommunications Facilities shall be considered together
ss one application requiring only a single application fee.
(e} Administrative Review application fee.
CatnmantlMStxiiae$1 ~'-7,taevtdeaiis?3'~.
ecquiremeril,allaws loael ~itiisdiciia~ts an alrpomintiy_
to ~6view an appl{aeilon's alRanativw; and req+drgs
ptavideas to pcgWgtlEarcollocaiiod isnot viable In a'.
s~BCIHc rlrcumctanca
7
{2} Procedure
{a) Within ten (10) business days of the receipt of an application for
Administrative Review, the [Zoning Administrator] shall either:
(1) inform #k-e Applicant in whiting the specific reasons why the
application is incomplete and does not meet the submittal
requirements; of {2) schedule an Administrative Review meeting
with the Applicant within thirty (3Q) days of the receipt of a
complete application, This meeting is not a public hearing.
(b) An applicant that receives notice of an incomplete application may
submit additional documentation to complete the application. An
applicant's failure to complete the application within sixty (6d)
business days after receipt of written notice shall constitute a
withdrawal without prejudice of the application, An application
withdrawn without prejudice may be resubmitted upon the filing of
anew application fee.
{c} The Administrative Review meeting will be conducted to confirm
that the proposed application is consistent with this Ordinance.
The [Zoning Administrator} must issue a written decision granting
or denying the request within fifteen (15) days of the meeting
unless an extension of time is agreed to by the Applicant. Failure
to issue a written decision within (15) days shall constitute a denial
of the application, The applicant may appeal such a denial as
provided in this Ordinance or applicable State or Federal Law.
(d) Should the [Zoning Administrator] deny the application, the
[Zoning Administrator] shall provide written jus#ification for the
denial. The denial must be based on substantial evidence of
inconsistencies between the application and this Ordinance,
{i) Applicant may appeal any decision of the [Zoning Administrator]
approving, approving with conditions, or denying an application or
deeming an application incomplete, within thirty (30) days to [We
local Appeals Board] in accordance with. this Ordinance.
V. Telecommunications p'aeilities snd,Suupgrt, `~iructures F'ermifted by Spe i~~mit.
A. Any Telecommunications Facility or Support Structures Nat Meeting the
Requiremenits of Section IV Shat[ Be Permitted by Special Peranit in all
7.on[ing Districts Subject to:
(1) The submission requirements of Section V (13}below; and
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(2) The applicable standards of Sections VI and VII below; and
(3) The requirements of the special permit general conditions at Code Section
. (lnsert~cross xeferenee.to:Municipality code section.thstestablishes
mow:
genetal:conditzonsapplicable to'Special l?ermits~
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Submission Requirements for Special 1'ermlt Applications ~ standards ofSccunii IV,
(1.) All Special Permit applications for Telecommunications Facility and
Support Sfituctures must contain the following;
{a) Special Permit application form signed by applicant.
(li} Copy of lease or letter of authorization from the property owner '
evidencing applicant's authority to pursue zoning appliaation.
{b) Written description and scaled drawings of the proposed Support
Structure, including structure height, ground and structure design,
and proposed materials.
{c) Number and type of proposed Antennas and their height above
ground level, inaluding the proposed placement of Antennas on the
Support Structure.
{d) When locating~within a residential area, a written technical and
operational analysis of why a 11~Ionopole ox similar structure at a
height of less than one hundred (LOD) feet cannot be used,
(e) Line-of--sight diagram or photo simulation, showing the pralaosed Cumgient rt~soiftceti]r6oru aimutafions W
Support Structure set against the slryline and viewed from at least proV)de 1lin comm!~;tywtth ~.aluahte~isuit ears
showing thn e~ec[of the proposed nt+v atruclure on
four (A) directions within the surrounding areas. tki~~rai ta~dsevo~~~ ~_
(Q A statement justifying why Collocation is not feasible. Such
statement shat! include:
(i) Such technical information and other justifications as are
neaessary to document the reasons why collocation is not a
viable option; and
(li} The applicant shall provide a list of all existing structures
considered as alternatives to the proposed location. The
applicant shall provide a written explanation why the
alternatives considered were either unacceptable or
infeasible due to technical, physical, or financial reasons. If
an existing tower was listed among the alternatives,
applicant must specifically address why the tnodi@catian of
such tower is not a viable option.
(g) A statement that the proposed Support Structure will be made
available for Collocation to other service providers at
commercially reasonable rates.
(h} ]f required of other Special Permit applications, a property owner
list that includes the name, address, and tax parcel information for
each parcel entitled to notification of the application.
(j) Special Permit application fee.
(C) Procedure.i
{ t } Within ten (10) business days of the receipt of an Application for a Special
Permit, the [Zoning Administrator or the Zoning Board's designee] shall
meet with the applicant to confirm that the application is complete or tv
inform the applicant in writing the specific reasons why the application is
incomple#e. This review meeting with. staff is not a public hearing and is
not subject to any public notification requirements.
(2) Tf an application is doomed incomplete, an Applicant may submit
additional materials to con'iplate the application. An applicant's failure to
complete the application within sixty (60) business days after receipt of
written notice shall constitute a withdrawal without prejudice of the
application. An application withdrawn without prejudice maybe
resubmitted upon the filing of a new application fee,
(3) Once an application is deemed complete, a review meeting shalt beheld
within ten (14) days.
(~t) Ak this review meeting, staff shall provide applicant, in writing, a list of
additional potential alternative structures, including readily-available
identifying information (e.g,, address, tax map identification, latitude and
longitude) or such other information as will allow the applicant to identify
the potential alternative structures. If, after investigation, the applicant
concludes that the potential alternative structures identified by municipal
staff are not acceptable or feasible, the applicant shall provide an
explanation for its decision using technical, physical, or fmancial
information at the hearing on the Special Permit.
(S) A complete application for a Special Permit shall be scheduled for a
hearing date at this review meeting in accordance with the requirements of
this Ordinance.
(6} Applications for new Support Structures with proposed
Telecommunications Facilities shall fie considered as one application
requiring only a single application fee.
Ctll11MBIlt[MSOfftoel2]oSameac[V(8)(2)
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(7) The posting of the property and public notification of the application shall
be accomplished in the same manner required for any Special Permit
application under this Ordinance.
VI. n ral $fan r s and Deai n Re uirements.
(A) Design.
{1) Monopoles shall be subject to the following;
{a) Monopoles shall be designed to accommodate at least three (3)
telecommunications providers.
(b) The compound area surrounding the Monopole must be of
sufficient size to accommodate Accessory Equipment for at least
three {3) telecommunications providers.
(c) Unless otherwise required by the Federal Communications
Commission, the Federal Aviation Admiruetratian, or [the
Municipality], Monopoles shall have a galvanized silver or gray
finish.
(2) Towers shall be subject to the following;
(a) :'Powers obeli be designed to accommodate at least four (4)
telecommunications providers.
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(b) A compound area surrounding the Towec must be of sufficient size
to accommodate Accessory Equipment far at least four (4}
telecommunications providers.
(c) Unless otherwise required by the Federal Conununications
Commission, the Federal Aviation Administration, or [the
Municipality], Towers shall have a galvanized silver or gray finish.
(3) Stealth Telecommunications Facilities shall ba designed to accommodate
the Collocation of other Antennas whenever economically and technically
feasible ar aesthetically appropriate, as determined by the [Zoning Board]
or [Zoning Administrator].
(4) Upon request of the Applicant, the [Zoning 13aard or Zoning
Administrator] may waive the requirement that new Support Structures
accommodate the collocation of other service providers if it fords that
collocation at the site is not essential to the public interest, or that the
tt
construction of a shorter support structure with fewer Antennas vrill
promote conununity compatibility.
{B) Setbacks.
(1) Property Lines. 1`Jnless otherwise stated herein, Monopoles and Towers
shall be setback from all property lines a distance equal to their height
measured from the base of the structure to its highest point. Qther Support
St~'uctures shall be $ovemed by the setbacks required by the underlying
zoning district.
(2) Residential Dwellings. Unless otherwise stated herein, Monopoles,
Towers and other Support Structures shalt be setback from all off-site
residential dwellings a distance equal to the height of the structure. There
shall be no setback requirement from dwellings located on the same parcel
as the proposed structure, Existing or Replacement utility poles shall not
be subject to a set back requirement.
{3) Unless otherwise stated herein, all Accessory Equipment shall be setback
from all property Lines in accordance with the minimum setback
requirements in the underlying zoning district. Accessory Equipment
associated with an existing ar Replacement utility pole shall not be subject
to a set back requirement.
{4) The [Zoning Board or Zoning Administrator] shall have the authority to
reduce or waive any required setback upon the request of the applicant if
the Telecommunications Facility or Support Structure will be less visible
as a result of the diminished setback. The [Zoning Board or Zoning
Adninistrator] must also find that the reduction or waiver of the setback is
consistent with the purposes and intent of this Ordinance. The structure
must still meet the underlying setback requirements of the zone.
(C) lleight
(1) In non-residential districts, Support Structures shall not exceed a height of
one hundred ninety~nine (199} feet from the base of the structure to the top
of the highest point. Any proposed Support Structure shat l be designed to
be the minimum height needed to meet the service objectives of the
applicant.
(2) In residential districts, Support Structures shall not exceed a height equal
of one hundred fifty (150} feet from the base of the structure to the top of
the highest point. Any proposed Support Structure shall be designed to be
the minimum height needed to meet the service objectives of the applicant.
(3} In all districts, the jZoning Board] shall have the authority to reduce or
waive the height restrictions listed in this section upon the request of the
applicant and a satisfactory showing of need for a groater height. With its
waiver request the Applicant shall submit such technical information or
other justiftcations as are necessary to document the need for the
additional height to the satisfaction of the [Zoning Board],
(D) Aesthetics.
(1) Lighting and Marking. Telecarnmunications Facilities or Support
Structures shall not be lighted or marked unless required by the Federal
Communications Commission or the Federal Aviation Administration
(FAA).
(2) Signage. Signs located at the Telecommunications facility shall be
limited to ownership and contact information, FCC antenna registration
number (if required) and any other information as required by government
regulation. Commercial advertising is strictly prohibited.
(3) Landscaping. In all districts, the [Zoning Board ar Zoning Administrator]
shall have the authority to impose reasonable landscaping requirements
surrounding the Accessory Equipment. Required landscaping shall be
consistent with surrounding vegetation and shall be maintained by the
facility awner. The [Zoning Board ar Zoning Administrator] may choose
to not require landscaping for sites that are not visible from the public
right-vf--way or adjacent property or in instances where in the judgment of
the [Zoning Board yr Zoning Administrator], landscaping is not
appropriate or necessary.
(E) Accessary Equipment, including any buildings, cabinets or shelters, shall be used
only to house equipment and other supplies in support of the operation of the
`Telecommunication Facility or Support Structure. Any equipment not used in
direct support of such operation shall not be stored on the site.
(1) An equipment building, shelter or cabinet must not exceed Eva hundred
sixty (560) square feet and twelve (I2) feet in height, including the
suppart structure for the equipment building.
(i) Exception to size restriction. A single equipment building or
steel#er may exceed five hundred six#y (560) square feet, if it: is
located at ground level; is used by more than one
telecommunication provider, and does not exceed one thousand
five hundred (1500) square feet.
(ii) Exception to height reshiction, Upon the Applican#'s request, the
[Zoning Board or Zoning Administrator] may waive the height
restriction to allow for the stacking of equipment on top of each
other. The [Zoning Board or Zoning Administrator] must fmd that
there is s practical necessity for the stacking of the equipment and
that auy resulting impact on adjoining properties is minimal or may
be minimized by tho requiring of appropriate screening. (The
Zoning Board or Zoning Administrator] may also waive the height
restriction where a higher support structure is needed to raise the
1quipment above a slope or flood plains.
{2} if the Accessory lquipment is at ground lovel in a residential zone, the
[Zoning Board or Zoning Administrator] may require that the building or
shelter be faced with brick or oilier suitable material on all sides and that
the compound area be surrounded by landscaping providing a screen of at
least three (3) feet in height at installation, The Accessory Equipment
must conform to the setback standards of the applicable zone, In the
situation of stacked equipment buildings, additional screening/landseaping
measures may be required by the [Zoning Board or Zoning
Administrator].
VII. Miscellaneous larovisions.
(A) Safety.
(l} Ground mounted Accessory Equipment and Support Structures shall be
secured and enclosed with fence not less than six (6) feet iu height as
deemed appropriate by the [Zoning Board] or [Zoning Administrator].
(2) The [Zoning Board or Zoning Administrator] may waive the requirement
of Subsection (I) above if it is deemed that a fence is not appropriate or
needed at the proposed location..
(B) Abandonment and Removal,
(1) Abandomnent: Any Telecommunications Facility pr Suppott Structure
that is not operated for a period of twelve {lZ) consecutive months shall be
considered abandoned.
{2) Removal, 'The owner of the Telecommunications Facility or Support
Structure shall remove the Facility within six (6) months of its
abandonment. The [Municipal Authority] shall ensure and enforce
removal by means of its existing regulatory authority.
(C) Multiple Uses on a Single Parcel or lrvt; Telecommunications Facilities and
Support Structures may be located on a parcel containing another principal use on
the same site.
VIII. Telecommunications Facllltles and Supaort Structures to Existence on Elie Da#e of
,Adoption of this Ordinance.
14
(A) Telecommunication§ hacilities and Support Structres that were legally permitted
on or before the date this Ordinance was enactcdshali be considered a perrinitted
andlavvfuiuaei ~eamment(MSOfAcatsllmtbp~a~~lawsor[ho ~`
coptiey~C~,Qpgatiod of 9xeaJinB ~cii ilia; w1i1Ch is
pee~aryfarmeintanenteufl;C~3aysiavnleas -
{B) Non-Conforming TelecommunicatinnsFacility. nenvorkaena,~tcnw~ftscrveesp>t,f~rnx(or
fulurah~tiv~k fni~irbveiaimte:
{1) Non-conforming Antennas or Accessory ~uipment: Ordinary
Maintenance may be performed on Non-conforming Antennas and
Accessory Equipment,
{2) Minor Modifications tonon-conforming Telecommunications Facilities
may be permit#ed upon the granting of Administrative Approval by the
[Zoning Adminisirator3.
(3) Major Modifications to non-conforming Telecommunications Facilities
rraay be permitted only upon the granting of Special Permit approval by the
[Zoning Boardj,
(C) Non-Conforming Support Structures.
(1) Non-conforming Support Structure; Ordinary Maintenance maybe
performed on aNon-conforming Support Structure.
(2) Collocation of Telecommunications Facilities an an existing non-
conforming Support Structure is permitted upon the granting of
Administrative Approval by the Zoning Administrator.
(3) Minor Modifications may be made tonon-conforming Support Structures
to allow for Collocation of Telecommunications Facilities, Such Minor
Modif cations shall be permitted by Administrative Approval granted by
the [Zoning Administratorj.
{3) Major Modifications may be made to non-conforming Support Structures only
upon the granting of Special Per>init approval by the [Zoning Soard].
15
For Further Questions Please Contact;
Jackie McCarthy
Director of Government Affairs
.1?CiAlThe Wireless Infrastruoture Association
The DAS f~o1'um
500 Montgomery Street, Suite 700
Alexandria, VA 22314
(703) 739-0300
~~~.~~~>~kR;~~ fib
1b
STAFF REPORT
Ta: Planning & Zoning Corr-mission
Date: February 10, 2009
5b
Res: PZ09-07
GENERAL INFORMATION
Applicant; Jack and Jeanne Hayes 283-0831
Alaskan Woobies and Gifts
1111 Fax Avenue
Kenai, AK 99611
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
General Information;
Conditional Use Pcrmit -- Gift Shop
Lot 4, Nealsand Subdivision
1111 Fox Avenue
0450'1015
RR1 -Rural Residential 1
Residential
Neighborhood Residential
This is an application for gift shop to be operated fi•om the property known as 1111 Fax
Avenue. The property is located in the Rural Residential-1 zone. The City became aware
of the business through an advertisement in the paper as well as a sign located at the
above-referenced location. The City notified the applicants that a Conditional Use Permit
would be required to operate their business. Jeanne Hayes quickly proceeded to apply for
the permit to bring the property into compliance. Jack and Jeanne Hayes are registered
with the Kenai Peninsula Borough far sales tax and they have a State of Alaska business
license.
The applicants have operated their wholesale business since 2002, by participating in fairs
and events statewide. Through the years, the sales of their items have escalated to the
level they decided to open a local retail shop to serve other tourism-related businesses on
the peninsula as well as the tourist traffic. The applicants indicated they would like to
place a sign on the Kenai Spur Highway to advertise the business. This would require a
variance for an off-premise sign, and would need to be submitted as a separate
PZ09-07 Continents
application.
Page 2
The Hayes constructed an 1152 square-foot addition onto their existing home in 2007.
They use approximately 117 square-feet of that addition for the business. A 15-foot
setback is required for that zone. The plot plan in the building file shows a 12-foot
setback. The Building Official at that time, Robert Springer, believed there to be enaugh
room, and did net recommended an as-built.
Because this permit does not require construction of additional space, an as-built will not
be required. The applicants should be aware that any additional construction that adds
square footage may require an as-built. Any increase in the size of the store may require
an amendment to the Conditional Use Permit.
A site visit confirms the driveway is accessible from Fox Avenue, and exits out onto
Linwood Drive. Kenai Municipal Code parking requirements require three (3) parking
spaces. "One (1) per five hundred (S00) square feet of grass float area" and two (2} for
the residential use. There is sufficient space to meet off street parking requirements.
Building Official:
RECOMMENDATIONS
Based on the application and review of Kenai Municipal Code, the requested use meets
the criteria for a conditional use permit. Recommend Approval.
ATTACHMENTS:
1. Resolution No. PZ49-07
2. Application
3. Drawings
~~~ .~~~'~ CITY OF KENAI
-' _ ~, _ PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ09-OS
E{recrtj+af CONDITIONAL USE PERMIT
N~HAv SKA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO:
NAME: Jaclc and Jeanne Haves
USE: Gift Shop -_ _- - .
LOCATED: 1111 Fox Avenue, Lot 4, NeaIsand Subdivision
(Street AddresslLegal Description)
KENAI PENINSULA BOROUGH PARCEL NO. 04507015
WHEREAS, the Commission finds;
1. That an application meeting the requirements of Section 14.20.150 has been submitted
and received on: January 21, 2009
2. This request is on land zoned: RR1 --Rural Residential 1
3. That the applicant has demonstrated with plans and other documents that they can and
will meet the following specific requirements and conditions in addition to existing
requirements:
a.
4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by
the Commission on: February 25, 2009.
S. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED
THAT THE PROPOSED GIFT SHOP MEETS THE CONDITIONS REQUIRED FOR SAID
OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE
ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, FEBRUARY 25, 2009.
CHAIRPERSON: ATTEST:
January 2l, 2009
City of Kenai, Alaska
214 Fidalgo Avenue
Kenai, Alaska 99661-7794
Dear Sirs:
This is a letter of request for a conditional use permit from the City of Kenai for a small gift shop. The
little business is located in the front of our residence at 1111 Fax Avenue in Kenai, Alaska. Legal
description is T 6N R 11 W SEC 34 Seward Meridian KN 0990002 NEALSAND SUB Lot 4 1111 Fox
Ave. Dimensions are 13X9 for the shop and adrive-thru approach is in place for trail'ic. The comer lot
faces Linwood Ln. and Fax Ave, and the property is mostly visible from the Spur Hyway where a future
sign could be put in place per city reg~alatians and Mather-in-Law agreementl Traffic is low in this area as
both roads are dead-end at this time.
Our business has gown slowly since 2002, starting with wholesale orders to customers state-wide. Items
manufactured are primarily Alaskan gifts, mast having "Alaska" embroidered an them, Products range
from baby blankets, "Waobies", to adult aprons, placemats, etc. Each year our participation in fairs and
events has escalated, prompting our desire to offer retail locally to the many other tourism related
businesses on the peninsula, as well as the Tourist traffic that visits our city. To meet the demand for good
quality hand-made itedi's, we will carry other selected artists products as well as our own.
By having our business on site of our residence we have a good chance of success in the years to come, and
can objectively wait and watch our business grow. The original front half of the residence is of interest to
visitors. It was built in 1954 by Jim Arness, and the lvg cabin gives things a true Alaskan flavor. We feel
our gift shop will be a sweet little addition to the City of Kenai landscape for tourists and locals alikef
Thank you for your consideration of this matter.
Sincerely, .%
~.. ~ ,
G~`z'
Jack and Jeanne Hayes
Alaskan Woobies and Gifts
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210 Fidalgo Avenue, Kenai, Alaska 99611-7794 I~I~~1
~~~~~~ .,~ Telephone: 907-283-75351 FAX: 907-283-3014
1992
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KENl11, ALASKA ~. ~~0a~
~~:.•
PLANNING AND Z®1VING APPLICATION ~~ ~ ~0'p~'
Date • t~l'i
~ ff
1, Name of Applicant ~a~~('~C ~ ~ ~P(~ rt~~~I,,~LtIR ^~
2. Business Name ~l. ~~r~r,~•~l~r ~~s~ ~ue~ ~ ~1 C~~`f~
3. Mailing Address ~~~~ ~0 ~.
4. Telephone ~~~,~ ydR31 ,Email Address~CL~C [n~t~C'~-Di e~ ~ ~~~'~___s ~ Gt.~ . 1~ ~. f
5. Legal Description `~ _ Cn ~1~ ~, ~. ~R ~ .~ ~; (__•_~~_~r>'~ ~~~ (,t~ i~r~ ~~ r G~i CCrr ~,
C~~9dr~c~ ~z~~~~f_~r~~r r, ~c~~•I- ~~o`Z~ i ~-r
~.S ~, K~B Farcel No.
6. Froperty Address ~f fox /~1 vim.
7. City of Kenai Zoning ~R
8. Application applying for (mark permit being applied for):
^ Bed & Breakfast ~' Conditional Use ^
^ Gravel Extraction ^ Home Occupation ^
^ Variance
CUP -Transfer ^ Encroachment
Rezone ^ Townsite Historic Development
The following information must be provided before your application will be considez'ed for a7rocessin~. Do pat
submit your application until it contains all required information. (Check each box that applies and attached the
necessary information to process this application,}
1 am the legal owner of the property.
^ I am not the legal owner of the property; however, I have attached verif cation by the owner of the property
that 1 have permission to apply for the permit.
I have paid the required fee {$100 plus sales tax}.
Attach a detailed description of the proposed use. Review the applicable section of the Kenai Municipal
Code and include ail information required by code for the type of application. Incomplete applications will
pat be accepted,
1 certify that the inf,,~•mat~'on prd~ided is accurate to the best of my knowledge.
Applicant
Date
FUBLIC HEARING REQUIREMENTS ON BACK
11/12/200
Nancy Carver
IMNNN
Fram: Nancy Carver
Sent: Wednesday, January 21, 2009 4:21 PM
To:. 'akwoobiesandgifts@ak.net'
Subject: R~: permit attachment
Thanks Jeanne, I will maf<e sure this information is included with your application.
Nancy J. Carver
Planning & zoning Assistant
City of Kenai
210 Fidalgo Ave.
Kenai, AK 99611
907-283-8237
-----Original Message-----
From: al<woobiesandgifts@ak.net [mailto:al<woobiesandgifts@ak.net~
Sent: Wednesday, January 21, 2009 3:52 PM
To: Nancy Carver
Subject: permit attachment
Attachment to January 21, 2009 letter.
Hours of operation will be limited to 4-8 hours a day, and/or selected
days of the week. This is subject to my part-time, ever changing,
weef<ly work schedule in town. Often my customers are only dropping by to
pick-up special custom orders, and the small gift shop area will lend
itself to that business nicely.
Thanks Nancy, Jeanne Hayes
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.~-~r ~.. CITY OF KENAI
PLANNING AND ZONING COMMISSION
~_===tn'" _._
RESOLUTION NO. PZ09-08
l{reci~of
li#NAI~ SKA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 14.20.240(c}(6) BE
AMENDED TO ALLOW AN EXTENSION FOR THE NINETY (90) DAY TIME LIMIT FOR
SKIRTING IN MOBILE HOMES PLACED IN MOBILE HOME PARKS.
WHEREAS, KMC 14.20.240(c)(6} provides that mobile homes placed in mobile home
parks must be skirted within ninety (90) days of placement in the mobile home park;
arid,
WHEREAS, during the winter months, the weather can make it difficult to skirt mobile
homes placed in mobile home parks within the ninety (90) day period; and,
WHEREAS, the Building Official should have the authority to grant an extension of the
ninety (90) day period.
NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI,
ALASKA, amend KMC 14.20.240{c}{6) of the City of Kenai Code of Ordinances as
follows:
(6) Skirting. All mobile homes shall be skirted within ninety (90) days of
placement in a mobile home park unless an extension is granted. The
skirting shall be in such a manner as to withstand the elements and all
access openings in skirting shall be closed when not in use and made of
solid panels.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 25th day of February 2009.
CHAIRMAN
ATTEST:
New text underlined [DELETED TEXT BRACKETED AND ALL CAPS]
i
~n _ ,=Er'
~- ~T , r
tyre ai'ly o f
I[EHAv SNA
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. *~2009
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI,
KMC 14.20.240(c)(6} TO ALLOW AN EXTENSION FOR THE N
LIMIT FOR SKIRTING IN MOBILE HOMES PLACED IN MOBI:
WHEREAS, KMC 14.20.240(c)(6) provides that mobile
parks must be skirted within ninety (90) days of place
and,
WHEREAS, during the winter months, the
homes placed in mobile home parks within
WHEREAS, the Building Official should have the
ninety (90) day period.
t an extension of the
NOW, THEREFORE, BE IT ORDAINE COUNCIL E CITY OF KENAi,
ALASKA, that KMC 14.20.240(c}(6) of Ci ai Co of Ordinances is hereby
amended as follows:
(6) Skirting. All rn h
placement in obile
skirting sh n su
access openin sk
solid panels.
PASSED
OF KENAI, ALASKA, this day of 2009.
I'AT PORTER, MAYOR
ATTEST:
Carol L, Freas,
Introduced: 2009
Adopted: 2009
Effective: 2009
hall b 'rted within ninety (90) days of
park u s an extension is ranted. The
anner as thstand the elements and all
l..be ed when not in use and made of
AMENDING
~} DAY TIME
PARKS.
in mobile home
file home park;
can ake it difficult rt mobile
;ty (9 ay period; ~ ,
New Text Underlined; [DELETED TEX1` BRACKEI'EDj
~cti
ACTION AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
FEBRUARY 18, 2009
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: L(www. ci.lienai. ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All iterr~s listed with an asterisk (*) axe considered to be routine and non-
cantroversial 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 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.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
PASSED UNANIMOUSLY. Ordinance No. 2381-2009 -- Amending the
Development Requirements Table in KMC 14.24.020 to Provide for Front
Setbacks of Twenty-Five (25) Feet, Side and Rear Setbacks of Ten (10)
Feet in the Light Industrial (IL), Heavy Industrial (IH), Central
Commercial (CC), General Commercial (GG) and Central Mixed Use
Zones (CMU).
2. PASSED UNAMMOUSLY. Resolution No. 2009-03 -- Approving
Nominations for Projects far the 2010-2013 Statewide Transportation
Improvement Program (STIP).
3. APPROVED BY CONSENT AGENDA. *LIQUOR LICENSE RENEWAL --
Roy Dale Howard d/b/a Kenai Joe's #626/Beverage Dispensary.
ITEM F: MINUTES
1. APPROVED BY CONSENT AGENDA. *Regular Meeting of February 4,
2009.
ITEM G: UNFINISHED BUSINESS -- None.
ITEM H: NEW BUSINESS
1. APPROVED. Ratification of Bills
2. NONE. Approval of Purchase Orders Exceeding ~ 15,000.
3. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinaxa,ce No.
2382-2009 -- Increasing Estimated Revenues and Appropriations by
$5,200 in the General Fund for a Library Grant.
4. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No.
2383-2009 -- Increasing Estimated Revenues and Appropriations by
$54,230 in the Airport Fund Equipment Capital Project Fund for the
Purchase of Snovr Removal Equipment.
5. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No.
2384-2009 -- Reducing Estimated Revenues and Appropriations
Previously Appropriated by Ordinance No. 2342-2008 by X63,509 in the
Airport Fund and in the Airport Equipment Capital Project Fund for the
Purchase of Snaw Removal Equipment.
6. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No.
2385-2009 -- Increasing Estimated Revenues and Appropriations by
X22,973 in the Airport Fund and by $918,899 in the Airport Equipment
Capital Project Fund for the Purchase of an Aircraft Rescue and Fire
Fighting (ARFF) Truck.
7. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *4rdinance No.
2386-2009 -- Increasing Estimated Revenues and Appropriations by
X740,832 in the Runway Improvement Capital Project Fund for Phase A
of the Airport Apron Pavement Rehabilitation Project.
8. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No.
2387-2009 -~ Reducing Estimated Revenues and Appropriations
Previously Appropriated by Ordinance No. 2341-200$ by ~ 179,004 in the
Airport Fund and in the Airport Equipment Capital Project Fund for the
Apron Pavement Rehabilitation Project.
9. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No.
2388-2009 -- Amending KMC 7.15.060 to AI1ow Surplus or Obsolete
Supplies, Materials or Equipment to be Sold by Internet Bidding Process
or by a Broker When the Council Determines it is in the Best Interest of
the City.
10. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No.
2389-2009 -- Amending KMC 14.20.260 to Better Provide for
Enforcement for Violations of the Kenai City Code and to Provide for
Appeal of Administrative Enforcement Orders to the Board of
Adjustment.
11. APPROVED. Approval -- Consent to Security Assignment of Lease/Lot
bA, Block 1, Gusty Subdivision No. 4/Pingo Properties, Inc. & Geoffrey
M. Graves, Individually.
12. Discussion -- Scheduling Work Sessions/COLA Discussion and Budget
Reviews. Work sessions scheduled for March 30 axed April 2, 2409, to
be held in the Council Chambers and begin at 6:00 p.m.
ITEM I: COMMISSION COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks 8v Recreation Commission
b. Planning & Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Mini-Grant Steering Committee
d. Advisory Cemetery Committee
e. Kenai Convention 8v Visitors Bureau
f. Salmon Task Farce
ITEM J: REPORT OF THE MAYOR
ITEM K: ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L: DISCUSSION
1. Citizens (five minutes)
2. Council
ITEM M: PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning
Tract A, Papa Joe's Subdivision., Chumley Replat From Rural Residential 1 (RR1) to
Limited Commercial (LC).
Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's
Salary From X900 to X1,000 Per Month and Council Members' Salaries From X400 to
$500 Per Month. (Cleric's Note: Ordinance No. 2365-2008 was tabled to the~rst
meeting in July, 2009, to allow for further consideration of a salary increase during the
budget FYI 0 budget process.)
Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC
1.15.050(c) Regarding Preparation, Distribution and Publicatiaxi of the Agenda and
Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet -
Development-Preparation-Distribution-Publication-Late Materials. (Clerk's Note:
Ordinance No. 23~F7-2008, Substitute B was moved far adoption at the January 21,
2009 Council Meeting and subsequently tabled, no time certain. Within 60 days, items
from the ordinance are to be incorporated into a suggested policy as well as an
ordinance identifying those items to codify.)
EXECUTIVE SESSION -- None Scheduled
ITEM N; ADJOURNMENT
~~
KENAI PENINSULA BOROUGH PLAT COMMITTEE
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA,ALASKA
5:30 p.m. February 23, 2009
Tentative Agenda
MEMBERS:
Philip Bryson
Kenai City
Term Expires 2010
Marl Anne Gross
Southwest Borough
Term Expires 2011
Brent Johnson
Kasllof /Clam Gulch
Term Expires2008
Blair Martin
Kalifornsky Beach
Term Expires 2008
Sue McClure
PC Member
City of Seward
Term Explres 2011
ALTERNATES:
Paulette Bokenko-
Carlucclo
Seldovia City
Term Expires 2009
Linda Murphy
PC Member
Soldotna City
Term Expires 2011
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. MemberlAlternate Excused Absences
a. Paulette Bokenko-Carluccio, City of Seldovia
b. Mari Anne Gross, Southwest Borough
c. Linda Murphy, City of Soldotna
3. Minutes
a. February 9, 2009 Plat Committee Minutes
D. PUBLIC COMMENT
(Items other than (hose appearing on the agenda. Limited to five minutes per speaker unless
previous arrangements are made.)
E. SUBDIVISION PLAT PUBLIC HEARINGS
1. Section Line Easement Vacation Plat
Assoc. wlKalgin Island Estates No. 1
KPB File 2009-023 [MullikinlUniversity of Alaska]
Location: Kalgin Island
2. Lee Cole 2008
KP8 File 2009-025 [Imhoff 1 Foecke / Beran]
Location: City of Hamer
3. Eker Estates Kyle Addition
KPB File 2009-026 [ImhofflClapp]
Location: City of Homer
4. Kachemak Estates Sub Weaver Addition
KPB File 2009-027 [lmhofflWeaver]
Location: City of Kachemak
5. Brindfey View Sub Mida Addition
KPB File 2009-028 [EasthamlMida]
1
Location: On Reger Road in Sterling
B. Bolstridge Kenai River Sub Maddox Addition No. Two
KPB File 2009-029 [WhitfordlMaddox]
Location: On Betty Lou Drive in Sterling
F. FINAL PLAT PUBLIC HEARWGS -None
G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
H. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held March 9, 2009 in the
Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna,
Alaska at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax: 907-714-2378
e-mail address: planninc~(a7borouah.kenai.ak.us
web site: www.borough.kenai.ak.uslplanningdept
KENAI PENINSULA BOROUGH PLANNING COMMISSION
BOROUGH ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA,ALASKA
February 23, 2009 - 7:30 P.M.
Tentative Agenda
Philip Bryson
Ghairman
Kenai Cily
Term Expires 2010
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2D09
Alice Joanne Collins
Anchor Paintl Nlnilchik
Term Expires 2010
br. Rick Foster
PC Member
Homer City
Term Expires 2010
Mari Anne Gross
PC Member
Southwest Borough
Term Expires 2011
James Isham
PC Member
Sterling
Term Expires 2009
BrentJahnson
PC Member
KasiloflClam Gulch
Term Expires 2009
Marry Lockwood
PC Member
Ridgeway
Term Expires 2010
Blair Martin
Vice Chairman
Kalifarnsky Beach
Term Expires 2D09
Sue McClure
PC Member
City of Seward
Term Expires 2011
Linda Murphy
PC Member
Soldotna City
Term Expires 2011
Todd Petersen
PC Member
East Peninsula
Term Expires 2010
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered
routine and non-controversial by the Planning Commission and will be approved by one motion. There will
be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which
case the item will be removed from the consent agenda and considered in its normal sequence on the
regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing,
please advise the recording secretary before the meeting begins, and she will inform the Chairman of your
wish to comment.
"`1. Time Extension Requests
a. V.A. Edington 2007 Addition
KPB File 2007-014; ImhofflStafford, Beachy
Location: North of East End Road in Homer
b. River Quest Resort Phase 2
KPB File 2004-029; IntegritylRiverQugist Resort
Location: North of Porter Road in Soldotna
c. Tachick Subdivision Lacy Addition
KPB File 2006-322; Eastham/Lacy, SOA
Location: City of Soldotna
d. Moose Run Estates Williams Addition
KPB File 2006-238; SegesserlWilliams
Location: North Kenai, east of Island take
*2. Planning Commission Resolutions -None
*3. flats Granted Administrative Approval
"'4. Plats Granted Final Approval (20.04.070) -None
*5. Plat Amendment Requests -None
*8. Coastal Management Program -None
*7. Commissioner Excused Absences
a. Paulette Bokenko-Cariuccio, City of Seldovia
b. Mari Anne Gross, Southwest Borough
,iason Taurialnen
PC Member c. JoAnne Collins, Anchor Point 1 Ninilchik
hlorthwest Borough
Term Expires 2091
d. Linda Murphy, City of Soldotna
e. Todd Petersen, East Peninsula
Max ~. Best *8. Minutes
Planning Director
Dave Carey a. February 9, 2009 Plat Committee Minutes
Borough Mayor
b. February 9, 2009 Planning Cammisslon Minutes
D. PUBLIC COMMENTIPRESENTATIONSICOMMISSIONERS
(Items other than those appearing on the agenda. l_Imlted to flue minutes per speaker uniess previous
arrangements are made.)
E, UNFINISHED BUSINESS -None
F. PUBLIC HEARINGS
1. Resolution 2009-03; A conditional land use permit application has been
received for sand and gravel extraction and a variance application requesting
exemption from KPB 21.29.050.A5 in the North Fork RoadlAnchor Point
area. Application I Landowner: Clif and Cheryl Shafer. Location: Parcel #
165-680-14; 9.1 acres; Tract 3 Nigthwatch Subdivision, T4S R14W Sec 31,
Seward Meridian, AK
2. Ordinance 2009-XX; An ordinance adopting the Kachemak City
Comprehensive Plan as the official comprehensive plan for that portion of the
Borough within the boundaries of Kachemak City.
3. Vacate the 100 foot Section Line Easement, 50 feet each side, centered on
Section 31 and 32, located within Kalgin Island Eskates No. 1 and BLM Lot 2,
T5N, R15W, Seward Meridian, Alaska and within the Kenai Peninsula
Borough. KPB 2009-021. Petitioner: Mary E. Montgomery, Director of Land
Management, University of Alaska, Anchorage, AK. Location: Kalgin Island
area
4. Public notice is hereby given that public hearings will be held to rename
existing streets to facilitate the Enhanced 911 Street Naming and Addressing
Methods within the Kenai Peninsula Borough. Renaming rights-of-way that
have the same or similar sounding name will enable 911 Emergency
Services to respond to emergencies in an efficient timely manner, thereby
avoiding delays in providing necessary emergency services. Streets under
considers#ion at this meeting are described as follows:
a. BUENA VISTA CT dedicated within Campo De Oro Subdivision
{HM2000-48}; T 4S R 14W SECTION 14 Seward Meridian, AK; Off of
Arasta Rd in the Nikolaevsk community; ESN 401; REASON FOR
CHANGE: Petitioner wants street to better reflect the character of the
Alaskan outdoors; PROPOSED NAME: KODIAKS CT
b. SANTIAGO LN dedicated within Del Rio Ranchos Subdivision (HM2000-
49}; T 4S R 14W SECTION 11 Seward Meridian, AK; Off of Guadeloupe
Rd in the Nikolaevsk community; ESN 401; REASON FOR CHANGE:
Petitioner wants street to better reflect the character of the Alaskan
outdoors; PROPOSED NAME: STAG STREAM LN
c. GUADELOUPE RD dedicated within Del Rio Ranchos Subdivision
(HM2000-49) and Campo De Oro Subdivision (HM2000-48); T 4S R
14W SECTION 11 & 14 Seward Meridian, AK; Off of King Rd in the
Nikolaevsk community; ESN 401; REASON FOR CHANGE: Petitioner
wants street to better reflect the character of the Alaskan outdoors;
PROPOSED NAME: BULL CROSSING RD
d. SANTA FE DR dedicated within Del Rio Ranchos Subdivision (HM2000-
49); T 4S R 14W SECTION 11 Seward Meridian, AK; Off of Guadeloupe
Rd in the Nikolaevsk community; ESN 401; REASON FOR CHANGE:
Petitioner wants street to better reflect the character of the Alaskan
outdoors; PROP05ED NAME: BLACKTAIL DR
e. ARASTA RD dedicated within Campo De Oro Subdivision {HM2000-48};
T 4S R 14W SECTION 14 Seward Meridian, AK; Off of Kostino St in the
Nikolaevsk community; ESN 401; REASON FOR CHANGE: Pe#itioner
wants street to better reflect the character of the Alaskan outdoors;
PROPOSED NAME: RAM RACK RD
5. Ordinance 2009-04; Amending KPB Chapter 20.20, Subdivision Design
Requirements to Require a Minimum Width of 60 feet for Platted Lots.
(Postponed from February 9, 2009)
6. Ordinance 2009-09; Creating a Flood Hazard District, outside the Flood
Insurance Rate Map area, within the Seward-Bear Creek Flood Service Area
to include the 1986, 1995 and 2006 KPB GIS Mapped Flood Data Areas
(Postponed from February 9, 2009)
G. ANADROMOUS STREAM HABITAT PROTECTION {KPB 21,18)
H. VACATIONS NOT REQUIRING A PUBLIC HEARING
1. Vacate the 20-foot utility easement centered on the line common to Lots 1
and 2 granted by Kilcher Park Estates {Plat HM 90-12}; and also shown
within Lot 2-A Kilcher Park Estates No. 2 (Plat HM 2004-59); within Section
23, Township 5 South, Range 12 West, Seward Meridian, Alaska; within the
Kenai Peninsuia Borough. KPB File 2009-012, Petitioners: Ted H. and
Lauret#a B. West of Homer, Alaska. Location; East of East End Road in
Homer
2. Vacate the 10-foot utility easements on each side of the line common to Lots
C and D (20' total} and vacate the 10-foot utility easement along the east
boundary of Lot E granted by Soldotna Airport Lease Lot Subdivision (KN 87-
88); within Section 34, Township 5 North, Range 1 D West, Seward Meridian,
Alaska; City of Soldotna and within the Kenai Peninsula Borough. KPB File
2009-024. Petitioner: City of Soldotna, Alaska. Location: City of Soldotna
SPECIAL CONSIDERATIONS
Time extension of Kachemak Estates 14 Section Line Easement Vacation:
Vacate the 66-foot section line easement within Tract C2 Kachemak Estates
14 (Plat HM 2006-102); 33 feet each side of Section 1 and 12, Township 8
South, Range 13 West, Seward Meridian, Alaska; within the City of
Kachemak and the Kenai Peninsula Borough; KPB File 2007-076;
Petitioners: Robert B and Carolyn R. Turkington of Homer, Alaska; Location:
City of Kachemak
2. Time extension of ADL 219905 (Caribou Lake Trail) Public Access Easement
Vacation: Vacate a 60-foot public access easement within Tract C ASLS No.
91-193 {Plat HM 93-6); within Section 14 and 23; Township 4 South, Range
11 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough;
KPB File 2007-109; Note: A 60-foot public access easement is proposed
to be granted in an .alternate location. Petitioner: Robert E. Chew of
Indianapolis, 1N; Location: North of Basargin Road in Homer.
SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee will review 6 preliminary plats
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
L. OTHERINEW BUSINESS
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P, PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
Kenai Planning & Zoning Commission Minutes
-January 28, 2009
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, March 9,
2009 in the Assembly Chambers, Borough Administration Building, 144 North Binkley,
Soldotna, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisory Meeting Location Date Time
Commission
Anchor Point Anchor Point
Chamber of Commerce March 5, 2009 7:00 p.m.
Cooper Landing Cooper Landing
Communit Hall March 4, 2009 6:00 p.m,
Hope 1 Sunrise Hope Socia! Hall March 5, 2009 6:00 p.m.
The Kachemak Bay and Funny River
Advisory Planning Commissions are inactive at this time.
NOTE: Advisory planning commission meetings are subject #o change. Please verify the meeting
slate, location, and time wifh the advisory planning commission chairperson. Chairperson contac#
Information is an each advisory planning commission website, which is linked to the Planning
Department website.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax: 907-714-2378
' g~ gi3.lcenai,.ak.us
e-mail address: plannm_ borou
web site: www.borough.kenai.ak.uslplann,ingdeot
~.~
`` ,,~
-- __-
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KEHAl~ SKA
MEMO:
"I/`f~a e wc`t~r a Past, Gi wit~t a ~r~t~re"
.~
210 Fidafgo Avenue, Kenai, Alaska 99611-779~i ~'~
Telephone: 907-283-75351 FAX: 907-283-3014 ~~~~~
~99z
TO: Planning & Zoning Commission ~
FROM: Marilyn Kebschull, Planning Administration
DATE: February 13, 2009
SUBJECT: Proposed Amendment to KMC 14.22.010 -Land Use Table
During recent public meetings concern was expressed regarding some permitted uses in the
Limited Commercial zone. These included Restaurants, Dormitories/Boarding Houses, and
Personal Services. The proposed amendment would change these uses from Permitted to
Conditional Use.
In addition, the Planning Department has been contacted with questions relating to tattoo
parlors. This use has not been listed in the Land Use Table. Under the proposed amendment,
tattoo parlors would be added to the list of Personal Services in Footnote 25. After reviewing
the Land Use Table, Administration is also recommending that tattoo parlors become
Conditional Use in the Townsite Historic zone.
Administration plans to distribute the draft amendment to those individuals who have spoken
at recent public meetings and ask for comment. The comment period will end March 30, 2009.
On April 8t'', the Planning and Zoning Commission will hold a work session on the proposed
amendment. After that work session, a public hearing will be scheduled for April 22"a and then
the Commission's recommendations will be forwarded to City Council.
,~~
-- Y~ - _......
tyre cily`af
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. *-2009
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE LAND USE TABLE IN KMC 14.22.010 TO: 1) CHANGE THE~I:J~ES OF PERSONAL
SERVICES, RESTAURAN"l'S AND DORMITORIES/BOARDING,I-X(UUSI,:S FROM
PRINCIPAL PERMITTED USES (P) TO CONDITIONAL USES, ~Cj IN THE LIMITED
COMMERCIAL ZONE (LC) AND 2) ADDING LANGUAGE'FC1;I~ 00'I'NOTE 25 TO
CLARIFY THAT TATTOO PARLORS ARE PERSONAL SERVICES ANU f~LSO
REQUIRING THEM TO HAVE A CONDITIONAL USE .PE ' ~ ~~ I~l' IN THE TSH ZONE.
WHEREAS, currently the Land Use Table in KR~IC` 1~L,2`?,,.C?10 allows persi~z~~~;services,
restaurants and dormitories/boarding houses'~i~~the Lim~fed Commercial,(hC) Zone as
a Principal Permitted Use (P); and,
WHEREAS, requiring a conditional use permit for such uses in the LC Zone would
allow for greater public input regardiz~'~~; tl~Qse uses in tlir I..~ Zone; and,
WHEREAS, it is in the best interest of e CI~> [>~~~z~ai to re~{uire a conditional. use
permit for such uses iri the LC Zone; an ,,~~ ,
,F.:,, ~~
,;
WHEREAS, tattoo parlors sire roizsidered pt
permitted use in the TRH; and,
WHEREAS, it is in'tlie t~e51 in~ei-est of the C'i
conditional use permits i~~ thc~ T;SH Zu11e,
sei` ices and as such are a principal
of Kenai to require tattoo parlors to get
NOW, TH~1~Ei{ QR~, P~ IT OFtC)ATNFD BY THE COUNCIL OF THE CITY OF KENAI,
ALASKKA'; that the Ci~v oI T~enai C'odc of Ordinances is hereby amended as shown on
AttaclrYzent "A."
i
PASSED `I3~' THE COUNCII~ OF THE CITY OF KENAI, ALASKA, this * day of 2009.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
New'1'ext Underlined; IDELET'ED TEXT BRACKETED]
Ordinance No, *-2009 Attachment "A"
14.22.010 Land use table.
LAND USE TABLE
KEY: P =Principal Pennilted Use
C =Conditional Use
S =Secondary Use
N =Not Pennitted
Page 1 of 4
NOTE: Reference footnotes on following pages for
additional restrictions
ZONING DISTRICTS
RESIDENTIAL
LAND USES C RR RRl RS RSI RS2 RU CC CG IL IH )ED R TSH LC CMU
One Family Dwelling C18 P P P P P P PZ~ S' SZ S2 C22 P P P S~/C21
Twoffhree Family Dwelling C18 P P P P P P PZ~ S' C C C22 P P P S~/CZ~
Four Family Dwelling C's P G3 P N N P PZ~ S' C C CZZ N P C S~/CZ~
Five/Six Family Dwelling C18 G3 N P N N P PZ~ S' C C N N P C S~/Cap
Seven or Mvre Family
Dwelling C's C3 N C3 N N P Pa' S' C C N N P C SkICa~
Townhouses° CAS C C C C C C C C C C Cat C C C C
Mobile Home Parkse N C C C C C G C C C C N C N C C
Planned Unit ResidentiaE
Development CAS C C C C C C C C C C N C C C C
COMMERCIAL
LAND USES C RR RR1 RS RSI RS2 RU CC CG IL IH ED R TSH LC CMU
Automotive Sales N C C N N N C P P P P N N N N P
Automotive Service Stations N C C N N N C P P P P N C N N P
Banks N C C C N N C P P P G N C C C P
BusinesslConsumer
Services N C C C N N C P P P C N C C C P
Guide Service N C C C N N C P P P P N P P C P
~totels/Motels N C C C N N C P P P C N C P C P
lodge N C C C N N C P P F C N P P C P
Professional Offices N C C C N N P P P P F N C P P P
Restaurants N C C C N N C P P P C N C C [F]
C P
Retail Business N26 C C C N N C P P P P S24 S~' C C P
Wholesale Business N C C C N N C C P P P N S24 C C N
TheaterslCoimnercial
Recreation N C C C N N C P P C C N P C C P
Qrdinance No. *-2009 Attachment "A"
Page 2 of 4
LAND USE TABLE
KBY: P =Principal Permitted Uso
C = Conditions! Use
S ry Secondary Use
N =Not Permitted
NOTE: Reference footnotes on following pages for
additional restrictions
ZONING DIS TRIC TS
INDUSTRIAL
LAND USES C RR RRI RS R51 R52 RU CC CG IL 1H ED R TSH LC CMU
Airports and Rotated Uses P20 C C C N N C P P P F N C N N C
Automotive Repair N C C C N N C P P P P N N N N P
Gas Manufacturer/Storage N N C C N N N N N C9 C9 N N N N N
Manufacturing/Fahricating/
Assetnbly N C C C N N C C P P P N C C N C
Mini-Storage Facility N C C C N N C C P P P N N N C C
Storage Yard N C C C N N C C P P P N N N N C
Warehouses N C C C N N C N P P P N C N N N
PUBLICI
INSTITUTIONAL
LAND USES C RR RRl RS RSl RS2 RU CC CG 1L IH ED R TSH LC CMU
Charitable Institutions C C C C C C F P P P F P C P C P
Chur~hes* C pto pto Pto Pto Pta Fio Fto Pto C C F P1D P P P
Clinics C C C C C C C P P P C C C C P P
CotEeges* C C C C C C C P P C C P C C C P
Elementary Schools* C C C C C C C P P C C P C C C P
Govenunental Buildings C C C C C C C P P F C P C C P P
High Schools* C C C C C C C P P C C P C C C P
Hospitals* C C C C C C C P P P C C C C C P
Libraries* C C C C C C C'a P F P C P C P C P
Museums C C C C C C C P F F C P C P C P
Parks and Recreation P C C C C C C P P F P P P P C F
Assisted Living C C C C C C C C C C C C C C C C
MISCELLANEOUS
LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU
Animal Hoarding1S C C C C C N N C C C C N C N C C
Bed and Breakfasts C C C C C C C C C C C N C C C P
Capin Rentals C C C C N N N P P P C N P P C P
Cemeteries C C C C N N N N C C C N C C N N
Crematories/Funera[ Homes N C N C N N C C C C C N C C C C
Day Care CenterstZ C C C C C C C P P P C C C C P P
Donnitories/Boarding
Houses C C C C C C P FZt S C P p23 C C [P]
C P
Essential Services P P P P P P P P P F P P P P P P
Fanning/General
Agriculture*** p P N N N N N N N N P N P N N N
GreenhouseslTree
Nurseriest~ C C C C C C C P P P C N C C P F
Ordinance No. *-2009 Attachment "A"
Page 3 of 4
14.22.01.0 LAND USE TABLE
IC)rY; P =Principal Permitted Use
C - ConditionaE Use
S =Secondary Use
N =Not Pernitted
NOTE; Referenco footnotes on following pages for
additional restrictions
ZONING DISTRICTS
MISCELLANEOUS
LAND USES C RR RR1 IsS RSI RS2 RU CC CG II, IH ED R TSH LC CMU
Csunsmithing, Printing, N C C C C C C P P P P N C P P P
Taxidermy
Assembliesrs {Large; C C C C C C C Pis pis Pis Pis prs C P N Prs
Circuses, Fairs, Etc.)
Fraternal Organizations/ N C C C C C C P P P C N C P C P
Privato C1ubs/Social Halls
and Union Halls
Nursing, Convalescent or N C C C C C C P P C C C C C C P
Rest Homes
Parking, Off-Street P P P P P P P P P P P P P P P F
Parking, Public L.ots12 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 P2S [P] P
C
Radio/TV TransmitterslCell P P C C C C C P P P F P C C C P
Sites**
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 C N N N
Natural Resourcesrb
Surface Extraction of C C C C N N C N C C C N C N N N
Natural Resources'
* See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000}
** See 42 Telecommunications Act of 1996, Sec. 704{a)
*** See, however, the limitations imposed under I4vIC 3.10.070
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/siteptans requirements of KMC 14.25 shall include
any secondary uses in the landscaping and site plans.
2. One (1) singlesfamily 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 usos
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 for 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.
Ordinance No. *-2009 Attachment "A"
Page 4 of 4
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.
S. 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,
10. 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
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.
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 will maximize its benefit to the public;
b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets.
13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use
wit] not be a nuisance to surrounding properties, The Commission shall specify the conditions necessary to fulfill this
requirement.
L4. Allowed as 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 {30) feet shall be provided between said use and any adjoining property in
a residential zone.
b. Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets.
1b. See "Conditional Uses" section.
17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
18. Conditional Use allowed only on privately held property. Not allowed on government lands.
19. Deleted by Ordinance 2144-2006.
20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for
propcrties 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 far 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 for 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 or 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 business},
25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers,
photographic studios, tailors, tanning salons and massage therapists. 1n the TSH zone, tattoo parlors are allowed as a
conditional use.
26. Food services are allowed on a temporary or seasonal basis of nat more than four {4} months per year.