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HomeMy WebLinkAbout2009-03-11 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS March ll, 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. *February 25, 2009 ...........................................................................................................1 3. SCHEDULED PUBLIC COMMENT; (10 Minutes} 4. CONSIDERATION OF PLATS: a. PZ09-13 -Kenai Cemetery Expansion {A replat of Government Lots 123, 173 & 174.) Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska............? 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) G. OLD BUSINESS: 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 KMC 14.22.010 to provide that communications towers/antennas are a conditional use in the CMU zone. Discussion. (Postponed from ranuary 28 and February 25, 2009.) ................................11 7. NEW BUSINESS: a. Alaska Historical Commission Geographic Name Proposal - DiscussionlRecommendation ......................................................................................................................................... S3 $. PENDING ITEMS: a. PZ07-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. Agenda March 11, 2009 9. REPORTS: Page 2 a. City Council ................................................................................................................... ~ t b. Borough Planning ..........................................................................................................75 c. Administration .................................................................................................................... 10. PERSONS PRESENT NOT SCHEDULED: {3 Minutes) 11. INFORMATION ITEMS: a. 2008 Annual Report -Conditional Use Permits .............................................................81 b. "Zoning Bulletin" - 1 /25109 ...........................................................................................83 c. Kenai River Center Permit Application--Mack Padgett ................................................89 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS January 28, 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 14, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) ~4. CONSIDERATION OF PLATS: 5, PUBLIC HEARINGS; (Testimony limited to 3 minutes per speaker.) a. PZ09-02 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the Development Rcquirements Table in KMC 14.24.020 be amended 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 (CG) and Central Mixed Use Zones (CMU). b. 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 KMC 14.22.010 to provide that communications towerslantennas area conditional use in the CMU zone. 6. OLD BUSINESS: 7. NEW BUSINESS: 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 -Discussion. Agenda January 28, 2009 Page 2 S. PENDING ITEMS: 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) 11, INrORMATION ITEMS: 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: 2 CITY OF KENAI PLANNING & ZONING COMMISSION FEBRUARY 25, 2009 7:00 P.M. CITY COUNCIL CHAMBERS VICE CHAIR SCOTT ROMAIN, PRESIDING MINUTES ITEM Y: CALL TO ORDER Vice Chatr Romain called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/Council Liaison present: A quorum was present. 1-b. Agenda Approval R. Wells, P. Bryson, K. Rogers, J. Brookman, K. Koester, S. Romain J. Twait City Planner M. Kebschull, Council Member R. Molloy Commissioner Brookxra.an read the requested changes to the agenda as follows: ADD: 1-d. E-mail from Jeff Twait 5-a. E-mail from Jacqueline McCarthy 5-b. E-mail from Clifford Smith 8-e. Proposed Amendment to KMC 14.25 Landscape Site Plan MOTION: Commissioner Brookman MOVED to approve the agenda with the addition of the lay downs and requested UNANIMOUS CONSENT. Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. i-o. Consent Agenda MOTION: Commissioner Koester MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 1-d. *Exeused Absences -- Approved by consent agenda. ~ Jeff Twait 3 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 -- February 11, 2009 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5-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 KMC 14.22.010 to provide that communications towers/antennas are a conditional use irz the CMU zone (Postponed from January 28, 2009. Kebschull reviewed the staff report included in the packet, requesting postponement again until the. resolution had been revised by administration. MOTION: Commissioner Bryson MOVED to return PZ09-03 back to public hearing. Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. Remain read the rules for public hearing and opened the meeting to public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Wells MOVED to postpone PZ09-03 and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 5 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. Kebschull revlewed the staff report included in the packet. Remain opened the meeting to public hearing. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 25, 2009 PAGE 2 4 Amber Kuhns, 714 Linwood Lane, Kenai -- Spoke in opposition to the permit due to possible increased traffic. Jeanne Hayes, 1111 Fox Avenue, Kenai -- Applicant showed items for sale and noted she would only be open a few days a week. There being no further comments, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve PZ09-07 and Commissioner Koester SECONDED the motion. VOTE: Wells YES 7.~rait EXCUSED B son YES Ro ers YES Braokman YES Koester YES Romain YES MOTION PASSED UNANIMOUSLY. Romain read the rules for the appeal process procedure. 5-e. PZ09-OS - 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 slcirLing in mobile homes placed in mobile home parks. Kebschull reviewed the staff report included in the packet, noting this would allow for extensions that were the same for building permits. Romain opened the meeting to public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Koester MOVED to approve i'Z09-08 and Commissioner Brookman SECONDED the motion. VOTE: Wells YES Twait EXCUSED B son YES Ro ers YES Brookman YES Koester YES Romain YES MOTION PASSED UNANIMOUSLY. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 25, 2009 PAGE 3 5 ITEM 6; OLD BUSINESS -- None ITEM 7: NEW BUSINESS -- None ITEM 8: PENDING ITEMS 8-a. PZ07-25 -- Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. ITEM 9: REPORTS 9-a, City Council -- Council Member Molloy reviewed the action agenda items from the February 18, 2009 City Council Meeting, included in the packet. 9-b. Borough Planning -- Bryson reviewed the agenda from the February 23, 2009 Borough Planning Commission meeting. 9~c. Administration -- Kebschull reviewed information in the packet regarding uses within the Limited Commercial zone, noted there would be a work session on the Limited Commercial zone on April 8, 2009, and a plat of the new cemetery area would be discussed at the March 11, 2009 meeting. ITEM Y0: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS -- None ITEM 12: COMMISSIONER COMMENTS & QUESTIONS -- None ITEM 13: ADJOURNMENT MOTION: Commissioner Bryson MOVED to adjourn and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:40 p.rn. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING FEBRUARY 25, 2009 PAGE 4 6 STAFF REPORT To: Planning & Zoning Commission Date: February 18, 2009 Res: PZ09-13 GENERAL INFORMATIQN Applicant: Integrity Surveys, Inc. 2$3-90~-7 8195 Kenai Spur Highway Kenai, AK 99611 Requested Action: Preliminary Subdivision Plat -Kenai Cemetery Expansion Legal Description: Replat of Government Lots 123, 173 & 174 Street Address: 109 Floatplane Road, 1106 & 1102 First Avenue KPB Parcel No.: 04317009, 0431701 b & 04317017 Existing Zoning: RS w Suburban Residential Current Land Use: Vacant Land Use Plan: Neighborhood Residential ANALYSIS This plat combines three government lots into one large lot. The resulting Iot is approximately 3.749 acres. The property is zoned Suburban Residential and the resulting lot meets the minimum lot size for the zone. The plat also formally dedicates 33-foot right-of way easements along First and Second Avenues and a SO-foot right-oE way easement along Floatplane Road. Water and sewer are not available to serve the subdivision and will require extensions of the main lines. The property is accessible from First Avenue, Second Avenue, or Floatplane Road. All of these roads are developed. An installation agreement is not required. The City of Kenai will be reviewing the right-of--way easement dedications and may be requesting a waiver to align the dedication with the actual constructed roads. Buildin Official: No concerns. 7 PZ09-13 Comments RECOMMENDATIONS Page 2 The City of Kenai is submitting this preliminary plat to combine three government lots, This plat is the early planning stages for the City's planned cemetery expansion. The cemetery will require a Conditional Use Permit. The City will be applying for the Conditional Use Permit at a later date. The subdivision meets the minimum lot size for the zone and does not require an installation agreement, Recommend approval with no contingencies. ATTACHMENTS: 1. Resolution No. PZ09-13 2. Preliminary Plat 8 ~,~'~ , CITY OF KENAI __ _ „~_E.,,~ ~ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ09-13 `Elraca'tyaf SUBDIVISION PLAT KENAI~ SIiA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDMSION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS; WHEREAS, the attached plat KENAI CEMETERY EXPANSION was referred to the City of Kenai Planning and Zoning Commission on FEBRUARY 17, 2009, and received from INTEGRITY SURVEYS. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RS -Suburban Residential and therefore subject to said zone conditions. 2, Water and sewer: Not Available. 3. Plat does not subdivide property within. a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai fox the referenced property. 4. Installation agreement or construction of improvements is not required, S. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown, 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES KENAI CEMETERY EXPANSION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MARCH II, 2009. 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The Attorney has drafted a revision to the proposed amendment. The draft was not finalized in time to be included in the packet. If the revised amendment is complete, I will provide you a copy at the meeting on March 11th, 1 will be prepared to provide an overview of the changes. It is recommended that the Commission schedule a work session to review the proposed amendment. 11 ~~•..~ CITY OF KENAI PLANNING AND ZONING COMMISSION ~_ ~ .Y~S~ RESOLUTION NO. PZ09-03 flre~o~af HEHAI~ SNA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENA.I, 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 in KMC 14.20; and, WHEREAS, the Kenai Zoning does not contain a comprehensive regulation of the establishment and placement of communications towers in 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 placement 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} KMC 14.20.220 as shown ixi 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 IiMC 14.20.255 Communications Towers and Communications 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 in a fixed location, free-standing, guyed, or orz a building or other structure. An amateur radio antenna is not a "communications tower" under this section. {2} "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. New kext_underlned [DELETED TEXT BRACKETED AND ALL CAPS] 13 PZ09-03 Page 2 (3) "Communications Antennas}" means any device used for .the transmission ar reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation amni 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 ar 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 14.20.250, 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)may be made on the basis of environmental (i.e. health) effects of radio frequency emissions if the facility complies with Federal Communications Commission (FCC) regulations. (e) The height limitation an communications towers/antennas permitted or allowed by conditional use are as follows: (1) In the RR-1, RS, RS1, 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 permitted an lots larger than 10 acres; height exceeding 150 requires a variance. (5} In the RR District a freestanding tower with height not exceeding 35 feet may be permitted on lots of 1 acre or less; height exceeding 35 feet requires a variance. (~ Permitted height above structure. In all zones, a communications tower/ antenna mounted on a building, or structure other than a free standing or Nerx+ text underlined [DELETED TEXT' BRACKETED AND ALL CAPSI 14 PZ09-03 Page 3 guyed communications tower Yriust 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 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 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 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 for construction of a communications tower or placement of a communications antenna on an existing structure other than a communications tower/antenna previously permitted must file with the Planning and Zoning Department an application accompanied by the following documents, if applicable: (1) One copy of specifications for proposed structures and communications antenna(s), including description of design characteristics and material. (2) A site plan drawn to scale showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking fences, landscape plan, and existing land uses on adjacent property; (3) A current map, ar 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 08.4$ 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 for steel communications antenna towers and communications antenna supporting structures"); (5) Identification of the owners of the communications Power/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 farm. approved by the City Attorney, to remove the communications tower/antenna(s) within 180 days after the New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] 15 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; {11) Evidence that applicable conditions irx 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: (i) Location and visual impact. The proposed communications 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 ar 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 for a permit for Iacation on private property which must ba 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 Power/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. New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] 16 PZ09-03 Page S { 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 fo 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 fo 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 Power 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 communications tower shall be secured by a fence with a minimum height of eight feet fo Iimit accessibility to the public. (I) 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. i41 (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. New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] 17 PZ09-03 Page 6 Section II I{MC 14,22,010 LAND U8E TABLE ItEY; P =Principal Permitted Use C =Conditional Use S =Secondary Use N =Not Fermitted NOTE; Reference footnotes on following pages far additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USER C RR RRl RS RS1 RS2 RU CC CG IL IIl< ED R TSIi LC CMU Gunsmithing, Printing, N C C C C C C P P P P N C P P P Taxidermy Assemblies~s (Large: C C C G C C C Pig pis pis pis pis C P N P~~ Circuses, l:alrs, Etc.} PYaternalOrganizations/ N C C C C C C P P P C N C P C P Private Clubs/Social 1-falls and Union Halls Nursing, Convalescent or N G 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 F P P P P P Parking, Public Lots12 C C C C C C C C C C C C C C C C Personal Services 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 [Pl antennas}/Radio/TV Transmitters/Cell Sites 27 C C 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 Resources~s Surface Extraction of C C C C N N C N C C C N C N N N Natural Resourcesl~ * See 42 USCA Sec. 2000ce (Religious Land Use and Institutionalized Persons Act of 2000} ** See 42 Telecommunications Act of 1996, Sec. 704(x) *** See, however, the limitations imposed under ISMC 3.10.070 New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] 18 PZ09-03 Page 7 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 1.4.25 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 fallowing 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 wlll 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. 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 arxd fire regulations are met. New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] 19 PZ09-03 Page $ 10. Provided that no part of any building is located nearer than thirty {30) feet to any adjoining street ar 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 xnet: 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 propcrties. The Commission shall specify the conditions necessary to fulfill this requirement. I4. 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 thh~ty (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. I6. 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. Nat 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 iri conjunction with a permitted use iri the ED zone. For example, a dorrraitory 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). New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] 20 PZ09-03 Page 9 25. Art studios, barbers, beauticians, dressxnakers, dry cleaners and self service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26. Food sexvices are allowed on a teax~.porary 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 rnet. Or a conditional use C if the conditions set forth in KMC 14.20.255 and 14.20.150 are met. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 11TH day of March 2009. ATTEST: CHAIRMAN Public Hearing/Postponed: 1 /28/09 Public Hearing/Postponed: 2/25/09 New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] 21 ~~~'~., Suggested by: Planning and Zoning Commission theT a~ a f CITY OF KENAI I[EHAV SPCA 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,L IN KMC 14.22.010 TO PROVIDE THAT COMMUNICATIONS TONERS/ANTENNAS ARE A CONDITIONAL USE IN THE CMU ZONE. WHEREAS, the City of Kenai has enacted the Kei~<ii Zonir~;~ Code in KMC 14.20; and, WHEREAS, the Kenai Zoning does not caii~~iirr a comprehensive re,~ulation of the establishment and placement of communic~~iiic.~ns towers in its zUriin~T code; and, WHEREAS, due to the proliferation of cell pharlc ~tse i~ritllfn the United States and Alaska there is a rapid growth iz~ i~ie number o1 `car~~~$urlications towers I~eing established; and, WHEREAS, the Federal Telecommurii~~atioils Acl of 1 J9r places limitations on the manner in which local~ga~~Ternments r~1i4~}' a-e;~ulate eoznn~u~~ic.~tions towers; and, WHEREAS, it is irr iiz~~ 1~~~5f interest, of the Gityof~ Kenai arzd its' citizens to enact an ordinance regulatiri~ the e~i~zl~lisl~ment az~rl placement of communications towers within the City's bou~lcl~~~~ies ili~it is in confr~ni~ance with the Federal. Telecommut~ic~tions Aci~f 19~)G. NOW, THFP a PURL;, B1J IT C~RDAINEL) BY THE COUNCIL OF THE CITY OF KENAI, ALASi~`~, that; 1) KMC 1=1.2~0.2~Q is aiz7ended as shown in Section II and 2)the City of Kenai Code ~~f Ordinances is herehy E~xnended by adding a new section to be numbered KMC 14.20.25'5 which shall re<:id as follows. Section I KMC I4.20.255 Conuxxunications Towers and Cornrnunications 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 in a fixed location, free-standing, guyed, or on a building or other structure. An amateur radio antenna is not a "communications tower" under this section. (2) "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. New Text UnderZlned; [DEL~r'ED TEXT BRACKETED[ 22 Ordinance No. *-2009 Page 2 of S (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 ar 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 native and public hearing as set forth under KMC 14.20.2$0, 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)rnay 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 on communications towers/antennas permitted or allowed by conditional use are as follows: (1) in the RR-1, RS, RS1, 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 maybe 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 ar guyed communications tower with height not exceeding 150 feet maybe permitted on lots larger than 10 acres; height exceeding 150 requires a variance. (5) In the RR Disfxict 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. (fl Permitted height above structure. In all zones, a communications tower/ antenna mounted an a building, or structure other than a free standing or guyed communications tower must not extend mare than thirty (30) feet above the highest part of the structure. New Text Underlined; [DELETED TEXT BRACKETED] 23 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 Hall. 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. ~} Application requirements. The applicant for a permit for construction of a communications tower or placement of a communications antenna on an existing structure other than a communications tower/antenna previously permitted must file with the Planning and Zoning Department an application accompanied by the following documents, if applicable: (1) One copy of specifications for proposed structures and communications antenna(s), including description of design characteristics and material. (2] A site plan drawn to scale showing property boundaries, tower location, tower height, guy wires and anchors, e~alsting structures, photographs or elevation drawings depicting typical design of proposed structures, parking fences, landscape plan, and existing land uses on adjacent property; {3) A current map, or update for an existing map on file, showing locations of applicant's communications towers/ antenna{s}, facilities and proposed communications towers/antenna(s) which are reflected in public records, serving any property within the city; (4} A report from a structural engineer registered under AS 08.48 iri 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 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 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 far a period of 12 consecutive months; (10) A cell phone coverage map showing the applicant's cell phone coverage within the City of Kenai; New Text Underlined; ]DELETED TEXT BRACKETED] 24 Ordinance No. ~-2009 Page 4 of S (l I) l~idence 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: (1) Location and visual impact. The proposed communications tower/antenna or accessory structure will be placed irl 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 iri 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 for a permit for location on private property which must be acquired, applicant must show that available publicly awned sites, and available privately owned sites occupied by a compatible use, are unsuitable for operation of the facility under applicable communications regulations 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 carnrnunications antenna(s) equal irl 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 14.20.150 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 irl this section shall apply. New Text Underlined; [DELETED TEXT BRACKEl'ED[ 25 Ordinance No. *-2009 Page 5 of S (11) Setback. in all pones, a communications tower must be a minimum distance equal to the height of the communications tower from all lat 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 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 7~ttle 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 an 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 1~k.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 MISCELLANEOUS LAND USES C RR RR1 RS RSI R52 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 Assembliesis (Large: Circuses, Fairs, Etc.) C C C C C C C pz5 pis Pis Pis pis C P N Pis Fraternal Organizations/ Private Clubs/Social Halls and Union Halls N C C C C C C P P P C N C P C P Nursing, Convalescent or Rest Homes N C C C C C C P P C C C C C C P Parking, Off-Street P P P P P P P P P P P P P P P P Parking, Public Lots 12 C C C C C C C C C C C C C C C C Fersonal Services25 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 a' C C Recreational Vehicle C C C C N N C C C C C N C C N C New Text Underlined; ]DELETED TEXT BRACKETED] 26 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 Resourcesl~ * 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 I{MC 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 (i) single-family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b. The site square footage in area must be approved by the Commission; c. Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as Bart 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. 1 I . Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. New Tent Underlined; [DELETED TEXT BRACKETED] 27 Ordinance No. *-2009 Page 7 of 8 12, Allowed as a conditional use, provided that the following conditions are rnet, a. The proposed location of the use and the size and characteristic of the site well maximize its beneftt to the public; b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards an 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 {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 trailic 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. 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, dressmakers, dry cleaners and self-service laundries, fttness 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/Antennalsl allowed_as a principal permitted (Pl use if the conditions set forth in KMC 14.20,255 are met. Or a conditional use G if the conditions set forth in KMC 14.20.255 and 14.20.150 are met. PASSED BY THE COUNCIL OF THE CYTY OF KENAI, ALASKA, this * day of *, 200$. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk 1Vew Text. Underlined; [DELETED TEXT BAACi~ETED[ 28 Ordinance No. *-2009 Page S of 8 Introduced: Adopted: ~` Effective: [Vew Text Underlined; [DELETED TEXT BRACKETED) 29 `i ASHBURN ~~~~`'~:~,~~.,[VIASONr.c. LAWY8R5 DAN! CROS$Y '° MATTHHW ~. PINDLEY k. DONALD W. MCCi.fNTOCK III ROBERT A. RpYCE 'a A. WILLIAM SAU PB ~ ~ACOS A. SgNNE9DRN OF COUNSEL MARK E. ASHBURN ~+ JULIAN L. MASON III January 26, 2009 Email: mkebschull@ci.kenai.ak.us Planning and Zoning Commissian City of Kenai c/a lV,larilyn Kebschull, ATOP, City Planner 210 Fidalgo Avenue Kenai, Alaska 99611 Re: Proposlyd Telecommunication Tower Ordinance P&Z Resolution No. PZ09-03 Our File No.: 10638.005 Dear Chairperson Twait and IVlembers of the Commission, This firm represents AT&T Mobility and Alascom, Inc, dha AT&T Alascom, az~d would like to take this opportunity to share our comments on proppsed P&Z Resolution PZ49-03. 1?irst, we agree that the passage of appropriate regulations is the best way to harmonize appropriate development with the advancement of the modern telecommunication sezvices that our customers and your constituents all demand. It is in that spirit that we offer the following comments. First, as a resource material, we include a model ardinance that, although it does not fit intact into your regulatory scheme, does provide comments and perspectives that may be helpful in your deliberations. The December 2006 Model Wireless Telecommunications Ordinance by PCIA (the "PCIA Model Ordinance") provides a national standard and a point of reference for these cornrnents. Our cozx-ments focus on several core concepts: the perspective that towers, but not antennas, should be regulated; the height ]imitations imposed on the towers arxd the variances related to them; and the goal to promote collocation and alternatives to the construction of new towers. 1227 WesT 9~ri AYENUi:, SwrE 200, A:vcH~RAaE, AK 99501- `E TeL 967;276.4331 FAx 907.277.8235 30 ASH $UR.N MAS©N~.c. Planning and Zoning Commission Page 2 January 28, 2009 Webelieve swell-crafted ordinance will allow and pramate collocation and the construction of taller towers in those districts where acceptance is higher (such as commercial and 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) {I). We request that utility poles be exempted from the dofnition of "Communications tower." Such poles provide convenient locations far mounting transmission antennas that do not require height such as for wireless broadband. Since the utility poles already exist, the aesthetic considerations of a new tower are not implicated. Other utilities may also use the poles for mounting of telemetry devices. 2. KMC 14.20.255 (a) (2). We are uncertain about the impact of the definition of `Telecommunications" and are not sure what the reference to "without change in form ar content of the information as sent or received" is intended to exclude, ar if it inadvertently includes other activities not intended to be regulated. Furkher, since the proper area of local regulation is the tower or structure, most nodes focus on defining the structures or towers, e.g., the "Telecommunications Tower" or "Telecommunication Facility." The definition of `°Telecornmunications" does not have any real purpose except to further define "telecommunications antenna" in subsection (a)(1), which may or 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 YI, 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 foster 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 ofnon- 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. I-Iowever, subjecting antennas to 1 For example, in Anchorage, "Towers" are defined at AMC 21.35.020. In the PCIA Model Ordinance, "Telecommunications Facilities" are defined. 31 Alf--TBURN M~SONr.c, Planning and Zoning Commission Page 3 January 28, 2009 the conditional use process adds an additional level of cost ar scrutiny that is nat 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 per~a~ty in the proposed code is significant. The PCIA Modei Ordinance 2 does include more detail on the administrative review ___ required for building antennas without a new. support structure, and your own building code may already provide an overlay of scrutiny as to ,wind leading or the electrical connections necessary for a new antenna on an existi~zg structure. But the type of scrutiny usually involved in a conditional use hearing, as well as the filing requirements, should not be required to simply mount an antenna on a building. 4. ICMC 14.20.255(e}. This limits the height of towers in these residential districts to 35 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 SO%, 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 (SO} feet by right in all zones. In Anchorage, towers in residential zones are allowed up to sixty-five (6S} feet, with additional height allowed for collocations In general, a 3S-foot limitation in an urban area, ar an area with`foliage, is not a practical'height aril 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 canamunity and the technological needs of providing our cervices, but will be happy to pursue that further with staff if the Commission 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 (fl provides that antenna and structures on buildings cannot exceed 30 feet. That is a reasonable lirxrit, but it is unclear haw this will 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 a See FCIA Model Ordinance, Part IV. 3 AMC 2I.45.265.A.3.c 32 ASH$URI~T MA.SC7Nr.c. Planning and Zoning Commission Page 4 January 28, 2009 subsection (fl. 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, notwithstandin the height limitations as set forth in this Code with res ect to buildin or other structure hex tar tower hei t, a communications tower/antenna rn~a rr be mounted on an existin;~ building, or structure, other than a free standing ox guyed communications tower, so lon as it does not MUST NOT]_extend more than thirty (30} feet above the highest part of the structure. (Suggested language revisions are 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 TSI~ (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 ifno other alterxrative 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 Code is different from most as it offers no incentive, usually granted by additional height, to build towers that will accommodate tither users through collocation. We would recommend that the Commission give serious consideration to recommending that additional height can be earned as an incentive tv allow collocation. Finally, the RR (rural residential) district in subsection (e)(5) has the same issue of a 35-foot height limitation as the other residential zones, and we request it be increased. In rural areas, a 35-foot tall tower will not work, and the height should be increased. It is not clear in the R.It (rural residential) zone what the height limitation is an lots between 1 acre in size and I O acres in size. We suggest that RR Iots greater than 1 acre should be allowed the taller towers proposed for tracts greater than IO acres. Generally, these lots will be wooded and these lower usage areas generally require higher towers to provide reasonable coverage. 5. KMC 14.20.255(j). The current application language addresses new construction, but leaves the question of whether a permit or conditional use review is required to 33 ASH$URI~T ~MASC7Nac. Planning and Zoning Commission Page S January 28, 2009 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 making clear that the repair, replacement or upgrade of an existing antenna does not trigger conditional use review nor dnes it require any special permit review other than normal building code requirements applicable to all uses. 6. K.MC 14.20.2SS{j) (8). We are not clear why the City is requiring a line of sight study. Generally those are required for 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 limits 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 for the new tower in its proposed location and height. '7. KMC 14.20.2SS(k). Vtil'e read subsection {k) to set forth the additional standards that have to be met for conditional uses. As worded, these standards could apply to permitted and conditional use towers and antennas, aad 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 3S-foot tall tower. Again, we look forward to working with the City so we, along with other telecommunication carriers, can provide its residents with the modern service everyone depends upon. We hope these comments will foster discussion of revisions to this proposed Code prior to presentation to the Council so that the Council may have the benefit 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: Tt is our request that the Commission return the proposed ordinance to staff with the recommendation that it be revised to deal with these concerns and we are happy to work with staff to that end. 34 ASHSLJrtti~ l~AA50N~.c, Planning and Zoning Commission Page 6 January 28, 20Q9 Very truly yours, ASHBURN & MASQN, P.C. ~,~_ Donald VLj. McCiintack Enc: ~WM:lvaw P:4CIiwIS510fi38.0055[Cgnai PZ Ur 080128 (v~DRC).doa 35 MODEL WIRELESS TELECOMMUNICATIONS ORDINANCE PCIA, THE WIRELESS INFRASTRUCTURE ASSOCIATION Decezxtber, 2006 About PCIA PCIA. is a nnn-profit trade association seeking the advancement of the wireless communications industry through advocacy, technical and marketplace initiatives, PCIA, supports programs and policies that expand the growth of the wireless network infrastructure and deployment industry. PCIA's goal is to create a better financial and business environment.3ntyhich its members can grow and succeed. Far more information, please $a t0 v~viti~l?;vSi: ~d ~:. 36 MQDEL WIRELESS TELECOMMUNICATIONS ORDINANCE I. Puraose and Legislative Intent, The purpose of this WiteIess Telecommunications Ordinance is to ensure that residents and businesses in (the Municipality] have reliable access to wireless telecommunications networks and state of the art eonunun]cations services while also ensuring that this objective is achieved in a fashion that preserves the inttlnsic aesthetic character of the community and is accomplished according to [the Municipality's] zoning, planning, and design standards. The Telecommunications Act of 1996 preserved, with certain limitations, local government ]and 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]. Ta accomplish the above stated objectives and to ensure that the placement, construction or modification of wireless telecommunications facilities complies with at] applicable Federal laws, and is consistent 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 Telecommunications 1~acilities. 13y enacting this Ordinance it is [the Municipality's] intent to: ,.. .. (l} Ensure access to reliable wueiess aonuriunications..services.;thrnugligeit all az-e~s of tFieMurilci alit [ n Yl;< -. .. Comment [M3orriC81]t This i vnE~crtanl (2) Encourage the use of eXisti~g Mtinppales, 'fowars, [lt]lity Foles and oilier benu!t++~SrcIC Y.idr¢+i~}~cnSlvlllicrlu LIE+ da+lcesitmtr~rn.+ Yilth~lll.,nttia{rrtl fi:t~;su;; ~+4illa en!rn~el sftucturos for t1~e Collaaataon of Telecommunications Facilities; ~ !Comment [M5omce2]; r1 pare 4:1ky a;uet here ' ~ - (3) Encourage the location of new Monopoles and Towers innon-residential areas; 1.5 ~ ea[aumgn C-0-:OC8110ll O~~l'ireleE9 FdClltt105 Dll ~Sit>J ~~51111LILLCe9~ ; (4} MininLZe the number of new Monopoles and Towels that would otherwise need to bo constructed by providing incentives for the use of existing structures; (5) Lncourage 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 associaked with the construction of Monopoles and Towers through the implernentation of reasonable design, landscaping and construction practices; (7) Ensure public health, safety, welfare, and convenience; and f 37 (8) Conform to Federal and State laws that allow certain antennas to be exempt from local regulations. II. Detln€,tions. For the purposes of this Ordinance, the following terms shall be defined as: Accessory Equipment -- Any equipment serving or being used in conjuration with a Telecommunications Facility or Support Structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters ar other structures. Adraiirzis'trative Approv$l,~- Zoning approval that the ]zoning Administrator] or designee is authorized to grant after Administrative Review. Administrative Review -- The procedures established in Seetion IV E of this Ordinance. Antenna -• Any structure or device used to collect or radiate electromagnetic waves for the provision of cellular, paging, personal connnunicationssarvices {I?CS) 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. Collocat[on -- The act of siting Telecorrrttunications 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 structure. Carrier on Wheels or Cell on Wheels ("COW") -- A portable self-contained tail site that can be moved to a location and set up to 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 stmcture, Ordinary Maintenance -- Ensuring that Telecomm,unicativns Facilities and Support Struchu~as are kept in good operating condition. Ordinary Maintenance includes inspections, testing and modifications that maintain functional capacity, aesthetic and structural integrity; for example the strengthening of a Support Structure's faandati~n or of the Support Structure itself. Ordinary Maintenance includes replacing l~ttennas and Accessoiy Equil+ment on alike-fog-like basis witl-iti'an existing TeIeconununications;Facility attd relacpti~tg the Ante~utas of approved Telec~minaniaations Facilities t« diff'crcint heigl~t:levels on an cxisting Mouapale or Tower upon w~hich,thcy are'currently.locata~l: Urdinary Maintenance does not,include Minor and Major Modifications. Major Modifications --Improvements to existing Telecommunications Facilities 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 era rat 2 38 limited to, extending the height of the Support Structure by more than twenty (2Q) feet ar ten percent (i 0%) of its current height whichever is greater, and the Replacement of the structure. Minor Modifications ,-Improvements to existir>,g Telecommunications Facilities and Support Structures, that result in some material change to the Facility or Support Structure but of a level, quality or intensity thak is less than s "substantial" change.. Such:Mincfr Modifications incline, but arcnot linutcd to, extending the heighk n£tlle Support Structure by less than twenty (2{))`feet or tenpercent (10%) ~f its current height, wlucl~ever i9 greater, and the expansion o£.the compound area for additional Acccssoiy Equipment. Monopole --A single, freestanding pale-type structure supporting one or more Antenna. For purposes of this Ordinance, a Monopole is not a Tower. Replacement -- Constructing a new Support Struchue of proportions and of equal height or such o#her height as would be allowed under the deftnition of Minor Modification to apre-existing Support Structure in order to support a Telecommunications Facility ar to accommodate Collocation and removing the pre-existing Support Structure. Stealtlt:T,eleconuniulicatinns Facility-- Any Telecommunications Facility that is integrated as an archttectural feature o£ & structure sa tha4'th~ purpose of the Facility for providing wireless services is not readily apparent to a casual observer, Support Structure(s) - A structure designed to support Telecommunications Facilities including, but not limited to, Monopoles, Towers, Utility Pales and other freestanding self- supporting structures, Telecantumunieations Pacility(ies) -- Any unmanned facility established for the purpose of providing wireless transmission of voice, data, images or other information including, but not limited to, cellular telephone service, personal communications service (PCS), and paging service. A Telecamtnunication Facility can consists of one or more Antennas and Accessary Equipment or one base station. Tower -- A lattice-type structure, guyed or freestanding, that supports one or more Antennas. III. Approvals Required far Texecarnmunicatiaps Facilities and Support Structures. (A} Administrative Review. Telecommunications Facilities located an any existing support structure shall be permitted in any zoning district after Administrative Review and Administrative A,ppraval in accordance with the standards sat forth in this Ordinance. New Support Structures that are less than s]xly (60) feet in height shall be permitted in any zoning district after Administrativo Review and Administrative Approval in accordance with the standards set forth in this Ordinance. New Support Structures up to ono hundred ninety-nine (199} feat in heighk shall be permitted in any Industrial District after Administrative Review and Administrative Approval in accordance with the standards set forth in this Ordinance. Monopoles or replacement poles located in utility easements ar 3 Cornrnrnt ih~SOfFice5]: Such nx il(fcati~„g ihatzliq] c1Gl:i:~lbl~ ai~i~iiiscai~~~ang+,d"; ullematr et Ix:ddli nn.wainist E rr'si, re,79en~1hb fTdt in iw7 ,u olio;251![; IS 5i7l!~p(S fs` { nist!n~ 5~1CtLLC[S i11tu 3gF, 611y0dltC•] YCgl111IV y' trratma7t. Coltinleltt [MSafR~e6]: The de4iaion to i~m~loy slcallLtncMolpp}~Incnl~eaAVrric[yufcnyjnoeimd sl~uclueal end [lnon,~+e1 factors, grid slu.urd betnade by tl,c iichs~crk t•~uialurs 39 rights-of--way shall be permitted in any zoning district after Administrative Review and Administrative Approval in accordance with the standards set forth in this Ordinance. Stealth Telecommunications facilities shall be permitted in any zoning district after Administrative Review and Administrative Approval in accordance with the standards sat forth in this Ordinance. (B) Special Permit, 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 f Zoning Board] in accordance with the stattdarda act forth in this Ordinance. (C) Exempt. Ordinary Maintenance of existing 7`eiecammunications Facilities and Support Structures, as defned herein, shall be exempt from zoning and permitting requirements. In addition, the following facilities are ng~ subject to the provisions of this Ordinance: (1}antennas used by residential households solely far broadcast radio and television reception ; (2) satellite antennas used solely for residential or household purpases; (3) COV'Js placed for a period of trot more than one hundred twenty (120) days at any location within [The Municipality] after a declaration ofan emergency or a disaster by the Governor or by the responsible official of [The Municipality]; and (4) television and AM/FM radio broadcast towers and associated facilities. IV. ~eleconrmu nlcat#oas Facllit#es and Suptaort Structures Permitted by Admir~istrative Approval. , A. Telccommuniegtinns 1Racllities ILacatcd an l~.xisting Structures (i) Antennas and Accessory Equipment are permitted in all zoning districts when locaied on any existing structure, including, but not limited to, buildings, water tanks, utility poles, broadcast towers ar any existing Support Structure in accordance with the requirements of this Part. (2} Antennas and Accessory Equipment may exceed the maximum building ' height Iimitations, provided the 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 Equipment shall meet the following standards: (a) Omnidirectional or whip Antennas shall not exceed twenty (20) _ feet in length and not exceed seven (7) 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 Equipment visually unobtrusive. 4 40 B, (b} Directional or panel Antennas shall not exceed ten (10) feet in length and two (2) feat in width and shall be of a color that is identical or similar ko the color of the supporting structure to make the Antenna and related Accessory Equipment visually unobtrusive. (c) Cylinder-type Antennas shall nol exceed ten (10) feet in length and not exceed twelve (lZ) 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 Equipment visually unobtrusive. (d) Satellite and microwave dishes shall not exceed tan (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 ihtegral to the architecture of the building to which they are attached. This screening requirement shall not apply #o dishes located upon Towers ar Monopoles. (a) ether Antenna types not specifically mentioned above shall be pertnitted if they are not significantly greater in size and will have a visual impact no greater than the Antennas fisted above, This provision is specifically included in this prdinance to allow For future technological advancements in the development of Antennas. (fj Accessory Equipment must comply with Section VI (E). New Support Strttctares (1) New Support 5ttvcture less than fifty (60} feet 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 lndustrlal Districts in accordance with the requirements of this Part. The height of any proposed support structure shall not exceed the minimum height necessary to meet the coverage objectives of the Facility. The setback ofthe structure shall begoverned - by the setback requirements of the underlying zone. (3) In the case of a nonopoles or replKCement poles that will supporE utility. lhtes as well as a Telecommunications Facility shall be pertiiilted wi#hin utility easetne3>.ts or rights-of-way,. in Accordance wish rcyurctnents of _ _ th]S I'ar•t: { Commenk[MSOffitA7]:'Eh[eoaciwnallowsfor i eEfiaentuse,~fpubliurigltfs~of-iCa}~f~rWeprcaiicn.3. of Rve.lras scn~ics, . ------- _-. p 41 (a) The utility easement orright-of--way shall be a minimum of one hundred {100) feet in width. (b) The easement or right-of--way shall contain overhead utility transmission andlor distribution structures that are eighty {$0) feet or greater in height. (c) The height of the Monopole or replacement pole may noS exceed by more than thirty (30) feet the height of existing utility support structures. - {d) Monopoles and the Accessory Equipment associated there with shall be set back a minimum of fifteen {15)feet from all boundaries of the easemen# or right-of way. (e) Single carrier Monopoles maybe used within utility easoments and rights-of--way due to the height restriction imposed by Subsection {c) above. (f) Poles that us$ the structure of a utility tower for support ate permitted under this Section. Such poles may extend up to twenty (20) feet above the height of the utility tower. (4} Monopoles ar replacement poles located on public property or within public rights-of--way that will support public facilities ar equipment in addition to Telecommunications Facilities shall be permitted in accordance with requirements of this Aart. 13xamples include, but era not limited to, municipal communication facilities, athletic field lights, traffic lights, street lights, and other types of utility pales in tho public right-of way, C. Stealth Telecommunications Facilities - (1) Stealth Telecommunications Facilities shall be permitted in all zoning districts after Administrative Review and Administrative Approval in accordance with the requirements below: {a) Antennas must be enclosed, camouflaged, screened, obscured or otherwise not readily apparent to a causal pbserver, (b) The structure utilized to support the Antennas must be allowed - within th$ underlying zone district. Such structures may include, but era not limited ta, flagpoles, bell towers, clock towers, crosses, monuments, smoke stacks, parapets, and steeples. 6 42 {c) Setbacks for the supporting structure shall be governed by the setback requirements of the underlying zoning district. U. General Standards, i)esign Requlremeuts, and Miscellaneous Provisions {1) TJnless otherwise speCif~ed herein, all TelecornmunicationsFecilities 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 WI[. E. Administrative review Process {I) All Administrative Review applications must contain the following: {a} Administrative Review application form signed by applicant. {b) Copy of lease ox letter of authorization from property owner evidencing applicant's authority to pursue zoning application (c) Znning Drawings detailing proposed improvements. Drawings 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) 'Statement2locume7ting whY collocwtion carulot lneetthe - apiilicant'st•equirennents, Such statement mzty include such tcciutiCal intOI'ttlatl4ft arld other. justificati~n9 a5 c7rC tlecessaiy to'docutnent the reasons. why cUllvaation is hot a vi:~~le optiotti ~mci Commcr+tlM5vPfic~s]: ~i9 r~nirursaoy (ii) The a}tplicazll shall grovide a list of all existing 8tructu[ea ~ani~ein°nl art°"~ ix~ Jurls~l (u:tonn nn o~pnrtun(tj% considered as alternatives to the proposed location. The to ra~+ic•u an ~ppllcaiiu,i s tl(apativas, and requites pcuvidrrx tdptovethat tuUocalion isual vldhleln a applicant shalt provide a written explanation why the spectec dr.umsran°°: alternatives considered were either unacceptable or infeasible due to technical, physical, or financial reasons, If an existing tower or monopole is listed atttong the altennatives, applicant must specifically address why the modification ofauch structure is not a viable option. (iii) Applications for new Support Structures witli proposed ~` 'telecommunications Facilities shall he considered together as one application requiring only a single application fee. - (e) Administrative Reviow application fee. 7 43 (2) ~rOCCdstre.' (a) Within tan (10) business days of the receipt of an application far Administrative Review, the [Zoning Administrator] shall either: (1) inform the Applicant in writing the specitsc reasons why the application is incomplete and does not meet the submittal requvements; or (2) schedule an Administrative Review meeting with the Applicant within thirty (30) 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 (ti0) 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 foe. {c) The Administrative Review meeting will be conducted to confirm that the proposed application is consistent with this Ordinance. Tho [Zoning Administrator] must issue a written decision granting or denying the request within fifteen (15) days ofthe 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 I+edera] Law. (d) Should the [Zoning Administrator] deny the application, the [toning Administrator] shall provide written justification for the denial, The denial musk be based on substantial evidence of inconsistencies between the application and this Ordinance. (f) 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 [the Local Appeals Board] in accordance wikh this Ordinance. V, elecomm n cations Facili#le n Su ort etures Permitted b S ecial P r A. Any'Telecommunicationa Facility or Support S#ructures Nat Meeting the Requirements of Section IV Shall Be Perndtted by Special Perm[t In alI Zontpg Districts Subject to: (l) The submission requirements of Section V (B) below; and 8 44 Comrnegt [M50fAce9j; f; is iuiportai,t Core iftriedfcHantoos!aGllshlinttVdfn{4forrcviewto ~. avuldvlela[mgliwTeletl+,miun'ca~cnsAet~f 1996, wh!clt requites ffia ~unsdick.on to a~ton an rpplicahcn in a reas~nah'U two&antc (2} The applicable standards of Sections VI and V[i below; and (3) The requirements of the special permit general cgnditigns at Code Section _____, [Tnscrt crDss z'afercnee to IvSiu-iciPa[iky code section dtiat cstablislies ~elte-al cnnditiotl5 gppiicxble to SPeciai Petrniks) B. Submtsslote Requirements for Special Permit Applications (1) All Special Permit applications for Telecommunications P'aaility and Support Sixucturea must contain the following: {a) Special Petmit application form signed by applicant. ~) (b) {c) Copy of lease or letter of authorisation from the property owner evidencing applicant's authority to pursue zoning application, Written description and scaled drawings of the praposecl Support Structure, including structure height, ground and st-ztcture design, and proposed materials. Comment [M5pF(tCgio]:'"Ihis allows for S{~°F{gi Pq~IY~L~(;uflasL CnHI PCIDLI IM'inV oC proposed fa_l3Wej that do ^td meet the"erefcrrni 1 sirndurds ofSa,liun IV Number and type of proposed Antennas and their height above ground level, including the proposed placement of Antennas on the Suppo-•t Structure. {d) When locating within a residential area, a written technical and operational analysis of why a Monopole or similar structure at a height of less than one hundred (100) feet cannot be used. (e) T.inc-of--sight diagrizm or Photo stmulatlort;:show..ing ihe.prpposed Support Structure set against the skyline and viewed from at least four (4) directions within the surrounding areas. (E) A statement justifying why Collocation is not feasible. Such statement shall include: (i) Such technical information and other Justifications as are necessary to document the reasons why collocation is 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 unaceep#able ar infeasible due to technical, physical, or financial reasons. if an existing tower was listed among the alternatives, applicant must specifically address why the modification of such tower is not a viable option. 9 45 (g) A statement that the proposed Support Structure will be made available for Collocation to ether service providers at commercially reasonable rates. -, {h) If required of other Special Permit applications, a property owner list that includes the name, address, and tax parcel information for eacl- parcel entitled to notification of the appiicatinn. (j} Special Permit application fee. (C) Procedure. comment [MSUfRce12]~ ~e a6 iv(e~(z> - ] ab~~e. 1 • {7) Within ten (10) business days of the receipt of an Application for a special Pernvt, the [zoning Administrator or the Zoning 13card's designee] shall meet with the applicant to confirm that th$ application is complete or to inform the applicant in writing the specific reasons why the application is incomplete. This review meeting with staff is not a public hearing and is not subject to any public notification requirements. {2) If an application is deemed incomplete, an Applicant may submit additional materials to complete 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 shall be held within ton (10) days. (4) At this review meeting, staff shall provide applicant, in wri#ing, 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, ff, after investigation, the applicant concludes that the potential altemative structures identified by municipal staflF'are not acceptable or feasible, the applicant shall provide an explanation for its decision using technical, physical, or fmancial information at the hearing nn the Special 7'ermit. (5) 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. (ti} Applications for new Support Structures with prnpnsed ,. Telewn•-munications la acilities shall b$ considered as one application requiring only a single application fee. IO 46 ('~ The posting of the property and public notification of the application shall be accomplished in the same mamier required for any Special Permit application under this Ordinance. VI. General Standards and Deslen Requlremenfs. (A) >7esign. (1) Monopoles shall be subject to the fallowing: (a) Monolaoles:shall be designed to accutnrnodate at least tlrraa (3) te;lecomtmmicttUons prUVideis, (b} The compound area surrounding the Monopole must be of sufficient size to accommodate Accessory Equipment for at least three (3) telecommunications providers. (c) Urtless otherwise required by tho Federal Cormnunications Commission, the Federal Aviation Administration, or [the Municipality], Monopoles shall have a galvanized silver or gray Hnish. (2) (3) (4) collocation at the sito is not essential to the public interest, or that the lI Towers shall be subject to the following. (a) ~Tpv~~ars shall 6o designed ko accommodate at least fo~,i•;(4) toleconutttuiicatic~nsproviders. FcommentCMSOtncevclssanwasvr(A?(~)(~+) .: ., .. (b) A compound area sru~ounding the Tower must be of sufficient size to accommodate Accessory Equipment for at least four (~4} telecommuniaatlons providers. (c) Unless otherwise required by the Federal Comtnunications Conunission, the federal Aviation Administration, or [the Municipality], Towers shall have a galvanized silver or gray finish. Stealth Telecommunications facilities shat! be 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]. Upon request of the Applicant, the [Zoning Board or zoning Administrator] may waive the requirement that new Support Structures accommodate #]re collocation of other service providers if it finds thafi 47 { construction of a shorter support structure with fewer Antennas wit! promote conununity compatibility. {B) Setbacks. (1) 1'rnperty Lines. Unless otherwise stated herein, Monopoles and Towers shall be setback Pram all property lines a distance equal to their height measured from the base of the structure to its highest paint. Other Support Structures shall be governed by the setbacks required by the underlying zoning district. (2) Residential Dwellings. Unless otherwise stated herein, Monopoles, Towers and other Support Structures ahali be setback from all off-site residential dwellings a distance equal to the height of the structure. There shall 6e no setback requirement from dwellings located on the same parcel as the proposed structure, Bxisting ar 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 Administrator] must also find that the reduction or waiver of the setback is consistent with the pu-poaes and intent of this Ordinance. The structure must still meet the underlying setback requirements of the zone. (C} Height (I) lnnen-residential districts, Support Structures shall not exceed a height of ono hundred ninety-nine (199) 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. (2) In residential districts, Support Structures shall not exceed a height equal ofone 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 [Zoning Beard] shall have the authority to reduce or waive the height restrictions listed in this seetian upon the request of the !2 48 . . applicant and a satisfactory showing of need fnr a greater height, With its waiver request the Applicant shall submit such technical information or other justifications as are necessary to document the need for the additional height to the satisfackivn of the [Zoning Board]. (A) Aes#hetics. (1) Lighting and Marking. Toleeomraunications Facilities or Support Structures shall not be lighted or marked unless required by the R3edera! Communications Commission or the FederaE Aviation Administration (FAA). (2) Signage. Signs located a# 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 >3nard ar Zoning Administrator] shall have the authority to impose reasonable landscaping requirements surrounding the Accessory Equipment. Requirod landscaping shall 6e consistent with surrounding vegetation and shall be maintained by the facility owner. The [Zoning 13aard or Zoning Administrator] may choose to not require landscaping for sites that are not visible Pram the public right-vf--way or adjacent property or in instances where in the judgment of the [Zoning 13aard nr Zoning Administrator], landscaping is not appropriate or necessary. {E) Accessory 1quipment, including any buildings, cabinets or shelters, shall be used only to house equipment and other supplies in support of rho operation of the Talecammunication Facility or Support Structure. Any equipment not used in direct support of such operation shall not be stored on the site. (I) An equipment building, shelter nr cabinet must not exceed klve hundred sixty (560) square feet and twelve (12) feet in height, including the support structure for the equipment building. (i) Exception to size restriction. A single equipment building or shelter may exceed five hundred sixty (56a) square feat, if it: is located at ground level; is used 6y more than one telecommunicatipn prpvider; and does not exceed one thousand five hundred (1500) square feet. {ii) Exception to height restriction, Upon the Applicant'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 find that there is a practical necessity for the stacking of the equipment and l3 _ . 49 that any resulting impact on adjoining properties is minimal or may be minimized by tho requiring of appropriate screening. [The Zoning Hoard or Zoning Administrator] may also waive the height restriction where a higher support structure is needed to raise the Equipment above a slope or flood plains. (2) If the Accessory Equipment is at ground level in a residential zone, the [Zoning Board or Zoning Administrator] may require that the building or shelter be faced with brick or ocher 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 screeningllandscaping measwes may be required by the [Zoning Board or Zoning Administrator]. VII. 1V]!isceilaneaus Provisions. (A) Safety. (1) Around mounted Accessory Equipment and Support Structures shall be secured and enclosed with fence not less khan six (6) feet in 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) Abandmm~ent. Any Telecommunications Facility or Suppork Structure that is net operated far a pexiod of twelve {12) consecutive months shall be considered abandoned, {2) Removal. The owner of the Telecommunications Facility or Support " Structure shall remove the Facility within six {ti) months of its abandonment. The [Municipal Authority] shall enswe and enforce removal by means of its existing regulatory authority. {C) Multiple Uses on a Single Parcel nr Lvt; Telecommunications Facilities and Support Structures may be located on a parcel containing another principal use on - the same site. ' V[II. Telecammunlcations Facilltles and Su orl Structures n Exis once on the Date of Ado tion of this Ordinance. t4 50 (A} ~Telecc~nununications Facilities and Support Structures that ~verc IegAlly pcrntitted on or befofie the date dlls,Qrdinatlce was:enacted:~hall be 4onsidea'ed a pea•mikteil end lawfitl usc: GammeJlt [MSatricel5l: 7Lsp~ „lets i~~,n~ cnnymigd cp~a~iuti cf awsfing Facilities uF~izh Ls (B) Non-Conforming Telecommunications Facility. E ^t~~saryfermainrennn~eoftod,y'swirofrss t { aet~vo~ka az,e wt,ioa, wm sn~c es ptn,ra~~~ for f ilib.,I~+nehvecklrripro,emantc (1) Non-conforming Antennas or Accessory Equipment: Ordinary Maintenance may be performed on Non-conforming Antennas and ACG08SQry Equipment, {2) Minor Modifications to non-conforming Telecommunications Facilities may be permitted upon the grantin~q of Administrative Approval by the [Zoning Administrator]. - {3) MajorModifications to non-conforming Telecommunications Facilities -. may be permitted only upon the granting of Special Permit approval by the [Zoning Board]. (C} Non-Conforming Support Structures, (1) Non-conforming Support Structure: Ordinary Maintenaznce maybe performed on a Non-conforning Support Structure. {2) Collocation of Telecommunications Facilities on an existing non- conforming Support Structure is permitted upon the granting of Administrative Approval by the Zoning Administrator. (3) Minor Modifications may be made to non-conforming Support Structures to allow for Collocation of'Felecommunications Facilities, Such Minor Modifications shall be permitted by Administrative Approval granted by the [Zoning Admitstrator]. (3) Major Modifeations may bemad~ tenon-conforming Suppai~t Structures only upon the granting of Special Permit approval by the [Zoning Board]. L5 51 For Further Questions Please Contact: Jackie McCarthy Director of Government Affairs PC1A/The Wireless Infrastructure Association The DAS Forum 500 Montgomery Street, Suite 700 Alexandria, VA 22314 {703}739-0300 16 52 -~~ ~4~ "_ - -- -- t~?EG1~Uf // KENAI~ SKA MEMO: ~~~/'r~a e wit~r a Past, Gi wit~t a F~str~~'e ~~ .~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 I FAX: 907-283-3014 ~ ~ ~ ~ ~ 1 1992 TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration ' DATE: March 4, 2009 SUBJECT: Alaska Historical Commission Geographic Name Proposal The City of Kenai received a letter from the State of Alaska, Department of Natural Resources, Office of History and Archaeology asking for comments to an application they had received to name an unnamed creek in Kenai Red's Creek. The application was submitted by Debbie Sonberg who requested the creek be named in honor of Glen Rex "Red" McCollum, Sr. A copy of the letter from OHA and Ms. Sonberg's application are attached. Comments were requested prior to February 9th; that date was extended to provide sufficient time for research and comments. The City has received information from the Kenaitze Indian Tribe who does not support the proposed name. The Tribe provided documentation from Dr. Alan Boraas that the creek has cultural and historical significance and has an original Kenaitze Dena'ina name, "Shk'ituk'tnu." The Tribe is recommending the creek be named its original Kenaitze Dena'ina name, "Shk'ituk'tnu." It is recommended that the Commission support the Kenaitze Indian Tribe's request. Attached is a copy of the information received from the Tribe. Attachments 53 ~_ ~ DEPARTMENT OF NATURAL RESOURCE S DIVISION OF PARKS AND OUTDOOR RECREATION OFFICE OF HISTORY AND ARCNA,~OLOGY January 21, 2009 Re: 3050-3 Reds Creek Pat Porter, Mayor City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Ms. Porter: L'G~ ~ ~ ~°-~1 ~~ 1 SARAH PALIN, GOVERNOR -550 W. 7TH AVENUE, SUITE 1310 ANCHORAGE, ALASKA 99501-3565 PHONE: (907J 269-8721 FAx: (so71 zss•asos R~CE~1lE~3 ~A~ ~.~ zoos KENAI CI?"Y CLERK The Alaska Historical Commission has received a geographic name proposal to make official the name Reds Creek for an unnamed creek in the City of Kenai. This creek is approximately a mile and a half long, heads about a mile north of the Kenai Spur Highway, east of Marathon Road, and flows south into the Kenai River about a mile above its mouth. Enclosed is a copy of the proposal for your review, a map showing the creek's location, and a program brochuxe with the guidelines fox geographic names Alaska Historical Commission members have established. The commission would appreciate your comments on the proposed name. To object or to endorse the proposed name, please respond in writing by February 9, 2009, You can respond with a letter, by e-mail, ar by writing your comments in the space provided below. If you have any questions about the geographic names program, please contact me at email 'o.antonson alaska. ov or by phone at.907-269-8714. Thank you. Sincerely, loan M. Antonson Deputy State Historic Preservation Officer enclosures object / endorse the proposed name because: Date: 55 ~"', Sari n. C,~ „ii 1,e~:yrlCCE ;'>I~!t'!' ~~.~ U.S. Departtnent of the Interior U.S, Geological Survey Domestic Geographic Name Report l Use this form to recommend a Feature name or to 3. On the reverse side of this form give information S. Retum This form to: suggest a name change. on the local usage and authority for reco~mnended na~ne• ]'executive Secreinry for Domestic Geographic 2. For feahtres on Federal ]ands, coordinate blames requests with the agency {U.S. Forest Service, 4. For more information about the Geographic U.S. Geological Survey National Park Service, Bureau ofl,and Names hifonnation System or We National 523 National Center Management, etc.) For the administrative area in Gazetteer Program, contact the U.S. Board on Reston, VA 22092 which the land is located. Geo a hic Natnes a[ 703.60.8-4544.. Action Re uested Pro osed New Name: X A lication Ghan e: Name Chan e: Other: Recommended Name: Reds Creek State: Alaska Count or E uivalent: Kenai Peninsula Borou h Administrative Area: Ci of Kenai T e of Feature stream mountain o ulated lace etc.: Creek is the Feature identified includin other names in the Geo ra hic Names ~uformation S stem GNIS ? Yes No X Unknown If Yes how is it listed Descri tion of feature ~sical sha_pe,_length, width, direction of flow, etc.): This creek is approximately a mile long and flows south. From its head in wetlands, it flows south about a half mile before it cuts through a neighborhood for about a half mile, then flows under the Kenai Spur Highway, and flows south about another half mile between neighborhoods, then through a culvert before joining the Kenai River about a mile above its mouth. Also in Sections 33, T6N, RI 1 W, and Section 4, TSN, Rl l W, 56 Name information such as origin, meaning of the recommended name, historical significance, biographic data (if commemorative), nature of usage or application, or any other pertinent information: The name proposed is, in part, for Glen Rex "Red" McCollum Sr., a long-time Kenai resident who died January 3, 2002. McCoIIum moved to Kenai in May 1959. He drilled some of the first producing wells in the Swanson River oil field, for aver 20 years had a roustabout company, and was a commercial fisherman. He served on the Kenai Harbor Commission. The name proposed also recognizes the red salmon that return to Kenai Peninsula streams every year, although the creek is coho salmon habitat. The proposer indicates the neighborhood bordering the creek would like to "adopt" it and work with the Kenai Watershed Forum to protect and reclam it. The creek is shown on the Kenai Watershed Forum map as Maps Creek, an acronym derived from the first letters of several neighborhood streets: Magic, Aliak, Princess, and Spur. The proposer indicates the neighborhood would like a more endearing name far the creek, anal she has spoken with a representative of the Kenai Watershed Forum about the proposed name. Is the recommended name in local usage? Yes No x If Yes, approximately how many years? ][s there local opposition to, or conflict with the recommended name (as located)? The name a ears as Ma s Creek on Kenai Watershed Forum ma s. k'nr proposed new name, please provide evidence that feature is unnamed: The creek is not named on USGS Kenai (B-4) 1:b3,360; Kenai (B-4 Nl;) 1:25,000; or Kenai 1:125,000 maps. It is not identified in DeLorme Mapping`s Alaska tftlas & Gazetteer (1998). The proposed name is not listed in Schorl•'s Alaska Place Names (1991). GNIS and Orlh's Dictionary of.4laska Place Names (1967) list a Reds Lake north of Chandalar in the Brooks Range, and five Red Creeks around the state although none on the Kenai Peninsula, and a number of other places using the word Red singular, one a Red River 46 miles northwest of Homer across Caok Inlet and another Red Bluff near Seldovia, Additional information: Proposal for review sent with letter indica#ing must respond in writing to object or endorse the proposed name: Kenai Peninsula Borough -comment requested by February 9, 2009 City of Kenai _ comment requested by February 9, 2009 Cook Inlet Region, Inc. - conrrnent requested by February 9, 2009 Kenaitze Indian Tribe IRA -comment requested by February 9, 2009 Kenai Native Association, Ltd. -comment requested by February 9, 2009 SalamatofNative Association, Inc. -comment requested by February 9, 2009 Kenai Historical Society -comment requested by February 9, 2009 Kenai Chamber of Commerce - comment requested by February 9, 2009 Kenai Watershed Forum ~-comment requested by February 9, 2009 The Alaska Historical Commission is expected to consider the nrc,nncPrl t,amr~ ar ;fc Fahn,ari, i a ~nno ,.,oo+;.,. Co submitted b :Name first M.I. last _ _ _ _ _ . ___ __ Title ~, i„~ ~, y y~y~~ 11 Phone da 1 J 1i114i CLLl. /late Debbie Sonber 907-283-5880 1211910$ Com an or A enc Address ci Stato and xi 410 Cinderella Street Kenai AK 99611 Co Pro aced b if other than abovo Titte Pltone da Date Judith 1J. Bittner SHPO 907 269-8721 1121/09 Cam an or A enc Address ci State and Zi Alaska Department of Natural ResourceslOftice of History and Archaeology 550 West 7ti' Ave. Suite 1310 Anchors e AK 99501-3565 Authority far Recommended Name: Mailing Address and Telephone Occupation Years in Area 57 ~.acaE Interest FEnme 6 Poii#icaf Glen McCollum Mews E Outdoors 06ituary d~ Sports a People Obituaries ~ Classifieds Editorial a Letters to Edltgr Pulse a Scfaools Longtime Kenai resident Gien Rex 'Red' McCollum Sr. died Legals peacefully Thursday, tan. 3, 2002, at his home. i-le was 84. Features ~ Business Q MiE Religion ~ Dispatch Memorial services will be at noon Friday, fan. 11, 2002, at the 6 seniors ~ TV Listings Peninsula Grace Brethren Church on Kalifornsky Beach Raad. stocks d ForKids Ail are invited to stay and share in a meal with family and c {MOVIES r P@tS friends after the service. Peninstfla Guide Advertising ~ Circutattgn Forms s Archives ~ Mr. McCnilum was barn Oct. 11, 1917, to Otis Dewey and >=xploring ~ About E!s Phoebe lane {Crook) McCollum in Savage, Mont. His parents Churches then moved the family to Red Lodge, Mant., where he spent many of his teen years. During World War II, he served with the Civilian Conservation Corps in Yellowstflne National Park -- Company 939 -- Camp Nine Mile F38 -~ Alberton, Mont., where he performed duties as an axeman, mechanic a.nd subsection foreman, He was described tin .his discharge papers as an excellent workman.. ~ aeadhorse Fairbanks ----- Anchorage °~ -~~iA° Kenai ' Homer Juneau ~l7{ s -~ 14 2i 28 )aye of i s 15 zs z~ Clty `~. Decem 7 W z s - 9 _;Q.. 16 17 23 24 3Q 31 ber T F S 4 5 fi it J.2 ......i.3 ].8 19 20 25 26 27' Given an honorable discharge May 2, 1937, his next adventure was to navigate the big mining trucks that hauled chrome, silver and sulfur throughout the Montana basin country. In 1947, he was offered a job as a roughneck on an oil rig in the ...1_ittke Grass Creek Field In -Wyoming:-Quickly-promoted -to .... - - drliler for the next l0 years, he averaged three moves a year throughout the western and southern states. ' In April 1959, at Naturita, Colo., he was offered a job by ~ DurStories Mountain States Drilling to move his family to Alaska. In May C" was} of that year they settled in Kenai. He drilled some of the first ~ Yellow Pages producing wells in Swanson River Field. ~ Stooks r When the rig was sold to another contractor, he left and Ciassifeds started a roustabout company. -- Northern O.i1 Operations .Inc, This company held the maintenance contracts for Standard Oif ,S~eare~ of California far the next 24 years, Reluctant to retire, he decided to take up commercial fishing in Cook Inlet for the next four years. Never one to be idle in recent years, he had quite a political voice. Because of his knowledge of construction, in 2001 he was appointed to the Kenai Harbor Commission. htt p:Ilvvvvvv. penznsulaclari on.cam/stories/010902/obi_010902obi001000 I . shtml 12/22/2008 58 f~i.` Powered 6y .~~~~~~ ~~ _ web posted Wednesday, January 9, 2002 ~~~Y~ ~^- -•--- --- _---_--- - --...~.++-.+. + ,+. •, ...~....~~.. ++.....a val A.rAV t/V11 L1112 v 1! vim! vGr r Ct~-'G G Ul /.. "This was exciting, and he enjoyed keeping abreast of the need for same answers concerning the bluff erosion problem or any other civic i•natters,° his family said. "May God now grant you eternal rest, our dear father." Mr. McCoElum was preceded death by his parents; Ills beloved wife, Flarine A. {Vannay) McCollum; daughter Lavanne ~Kuebler; sister, blanche Gibson and brother, Clyde. He is survived by his son and daughter--in-law, Donald and Trudy Lee; sans Glen Rex Jr. and Tray Lee; daughters and sans-in-Eaw Patricia and Cecil !=alken.berg and Cindy and Roger Trepanier; sister and brother-in-law, Evelyn and Don Oswald of Longview, Wash.; brattier, Len of Walla Walla, Wash. and sister-in~-law Neofna of Yakima, Wash.; grandchildren, Shane I=alleenberg, Dan Lee McCo!!um Jr., Kellie McCollum, Cnra Leigh McCollum, Cady Otis McCallum, Shane Kuebler, Neath Trepanier and Troy Lee Trepanier; great-grandchildren, Curtis, Mitchell, Kourtney, Justin, Reiss, Stephen, Miranda, Brittany, Courtney, Cameron, Aaron, Andrea, Heather, Matthew and Nathaniel; nieces and ~nsphews, Dale, David, Connie, Rhonda, Leanne, Denise and Diane, and numerous church families and children from both Kenai Grace Brethren and Peninsula Grace Brethren Churches. The family requests that all donations be directed to Lave INC. Kenai Chapter, the Love INC. breakfast program or the Kenai 5e~nior Center. Arrangements were made by peninsula Memorial Chapel Discuss ttlis story in our Discussion Forum E-mall this Story E-mail a message Read our paper Have our Neadfines a friend to the editor on your ~t7A e-rhailed to you Comments or questions? For questions about the website contact the web master at Kena[ Peninsula Qniin e Box 3009 Kenai, Alt 93fi1'i 907-283-7551 Copyrighted i,y Peninsula Clarion, a Ri~ision of Morris Communications Privacy and terms of use. http://www. peninsulaclarion. com/stories/010902/obi_~} 109p2a1az40 i OS]~ L.shtml 12/22/204J8 59 .:. ~: •: .~:~ : '~. ,~ , . ~; ~: .. 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T will object based on the fact that it has a nanrae, the creek name is Shk'ituk'trtu as indicated on the following chart. Alan Boraas >Dena'irwa Name Nleanin Source English Name Notes Kahfiu :Kaq' River mouth Kalifomsky _ Kenai River 1991:343 Mouth Tsatni'unt Roclc is there Kalifornslcy: Rocky Point lace 1991:343 Kahtnu River-mouth Kalifomsky Kenai River river 1991:347 Qughuzdlent Current Kalifomsky sand bar in Flows around 1991:347 Kenai River it pace mouth, north side Shgit Sloping flat Kalifomsky Flat north of .Redoubt (?} 1991:343 Fart Kenai at ~ Terracc Redoubt subdivision is Terrace west, not north, ~ of Fort Kenai She~kit A. Wilsozr Rocky Point 19b7:4 i Shqit Tsatnu Sloping flat Kalil'ornsky Unnamed creek Greek flows cliff river 1991:343 north of Shqit past Shgit on the east and would be narih ' of Shgit as one proceedes u stream Kili Bena ~ Kalifomsky Pond at head of 1991:347 R an's Creek Ki1i Betnu Kalifomsky Ryan's Creek Not a Dena'ina 1991:347 name, possibly Kelley, from which Kil]y River maybe derived Shlc' ituk't tive slide Kalifornsk}~ Dena'ina village Ch'k'ituki't down place 1991:347 site at Skittok, Northwest Chkiiuk Fisheries Canner 66 £•d dZO~£0 60 £0 ~~W Shk'ittzk'~tnu ~.: ~ .vc~e slide . ~ Kalifor~slC}' ~areek.into old. Ch'k'ituk'trtu - . down river ~ ~ 1.991~:34'l: 'village, west of . ... ~ -. forirner FAA - . - ....: .: .. . .station Kilth-keez ? A, V~'ilson Northwestern 1967:1 Fisheries Canner >3eghdeq above it is Kalifornsky creek forks on q'yet Ghetq'eyt covered with 1991:347 north side of birchbark birchbark Shk'ituk'tnu [the it refers Possibly Weasel to above the Creek, ARC river fork Warne via ~] Hennan Hermanson Dgheghaq'a stickleback north side of hole Kenai River just above Shk'ituk't ShI~'ituk't The placename shk'ituk't is a nominalized crerb, a verb turned into a noun by the addition of the suffix ' `-t" which means, "the place that. The verb stem "-tuk'~' means to slide on snow or ice. A different stern is used to slide on dirt or mud. The postposition "k"' means movement on the surface and the object of the postposition "sh" nr~eans rne, The entire phrase is in past or perfect tense, although the suffix nominalizing the verb seems to make tense rx~eaningless. Theme: k' + # +0 c~.assii'ier + ~t;.k' Moaning: slide (usua],~y on ace oz snow) , skate, ska. Note: to slide on dirt or mud requires a different stem, "-guk" P.oot : tuk gleaning Category: move multiple objects -'=Tense/Mrida - •As~ect'-_~~= .. Ef.x~esent; ~- Past:''=-~.~.~;. Future ~ Pxocjressi~:e Momenta:neous~ Tux tuk' t:ex Tux E'xogressive Tex ~Cnnclusi~re Tux tuk~ tux Tux Onamonnptr~;c tek' trek' t:ek' tek' Carts tek~ tek' tek tek' abject o~ Postpositio # Made Classilee Stern ei~cliti postpositio n r ~ n 67 d ~~ dZ0~E0 BO £0 aeW Morpheme sh k' Disjuct Ghe -~ i ~ tuk' t s boundar Sound chan4es Meaning me/T movement Perttct/pas 51ide on snov~ The on the t tesnse Aspeot: place surface momentaneou that... s Tensa: ast The complete meaning would be: "Place we slide down on the snow" usually translated as "we slide down place" Shk'ituk'tnu The name of the creek has ar, additional suffix "~nu" which means creak. $tSt•OY'y Shk'ituk't appeaxs on the 1940 census as "Old Kenai" and does not appear on the 1910 census as a separate place. LTp to the very early 20`h Century is was the main Dena' ina village at the mouth of the Kenai River and its abandonment reflected negative influences of the canneries built just below the hill in claw proximity to the village. The following people lived. at Shk'ituk't in 1900 and would have, of course, known of the creek name "Shk'ih~knu. 68 ~'~ d£0~£D 80 £0 aeW Dame Family ltelationshi Ancestry Gender Age Birlhdate 1Vlarital 5tatas Tribal Ak'~liation Mishikoff, Peter Head Mixed hi 22 Unkn., 1877 Married Misltikoff, Mary bVife Mixed F 21 Unkn., 1874 Married Kenaites Mishikoff, Nicholai Son Mixed M. 2 Jan., 1898 Single Mishikoff, Felar Son Mixed M 1 June, 1$99 Single Mishikoff, Stephen Father White M 100 Unk>n., 1800 Widower Mishikoff, Alexandria Mother in Law Indian F 68 Unkn., 1832 Widow Kenaites Mishikoff, Gemoska ~ Brother in Law lndian M 19 Unkn., 1881 Single Kenaites Mishikoff, Nadahlia ~ Sister in Law Indian F 16 Unkn., ] 884 Single Kenaites Mishiicoff, Affanana Partner Indian M 24 Unkn., 1876 Single Kenaites Mishikoff, llya ~ Partner Indian IVi 22 Unkn., 1878 Single Kenaites Tejana Head .Indian F 42 Urilai., 1858 Widow Kenaites Aruska .Son ~ Indian 11,i 24 Unkn., 1880 Single Kenaites Eugenia ~ Daughter Indian F 9 Dec.; 1890 Single Kenaites Basilic ~ Son ;Indian 1~1 6 Mar., 1894 Single Kenaites Nekaute Son ~ Indian ivi 1 Mov., 1 B98 Single Kenaites Nayesta Daughter ~ Indian F 0.3 ]an., 1900 Single Kenaites Duneka .Head lndian N1 37 Unkn., 1$53 lviarried Kenaites Abesenid :Wife !lndian ~ F 38 Unkn., 18&2 Married Kenaites Stephen j San Indian 141. 20 Sept., 1879 Single Kenaites Micar Son Indian Ni 15 Sept., 18$4 Single Kenaites Nahiah Daughter ~ lndian F IZ Mar., 1$88 Single Kenaites Pblishka Daughter lndian F 8 Sept., 1$9] Single Kenaites Garilia Daughter Indian F. 5 July, 1894 Single Kenaites Nekife Son Indian M 0.4 Nov., 1899 Single Kenaites Hind, Alex ? Head Mixed N] 21 Unkn., l 879 Single Nicholia Head ~ Indian N1 49 Unkn., 185I Married Kenaites vladrona WiFe Indian F 4$ Unkn., l$52 Married Kenaites Bedka Son lndian Nl 22 Unkn., 1878 Single Kenaites Katrina Daughter lndian F 9 Unfcn., 1891 Single Kenaites Vasela Son Indian N1 5 July, 1895 Single Kenaites KiIi Betlnu Ka5ilof 1900 Narnc Immigration Orrin Eam'sly )ahnici[y Gcndcr Agc Birthdatc Mari[al Sta[us Tribal Occupation data rclxtions;~i al'liliation 69 g~cl dSO~£0 60 ir0 a~'W Ke11y, James M]ar., I$4G Toronto, Canada Heat: ~hitc M 3G I Feb., 18G4 Married Cook Kelly, Alaska Wife [ndinn F i8 ' Unkn., 1882 Married Kennites lrcna KgsnikoFl', Alaska Father in 14'hite M SS Unkn., 1845 li/idowcr Jahn Law 70 ~~d d~0~€0 60 £0 JeW AGENDA i{ENAI CITY COUNCIL -REGULAR MEETING MARCH 4, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.us ITEM A: CALL TO ORDER I . Pledge of Allegiance 2. Roll Call 3: Agenda Approval . 4. Consent Agenda *All items listed with an. asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. fihere 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 narx~aal 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.) 1. Ordinance No. 2382-2009 -- Increasing Estimated Revenues and Appropriations by $5,200 in the General Fund far a Library Grant. 2, Ordinance No. 2383-2009 -- Increasing Estimated Revenues and Appropriations by X54,230 in the Airport Fund Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. 3. Ordinance No. 2384-2009 -- Reducing Estimated Revenues and Appropriations Previously Appropriated by Ordinance No. 2342-2008 by $63,609 in the Airport Fund and in the Airport Equipment Capital Project Fnd for the Purchase of Snaw Removal Equipment. 4. Ordinance No. 2385-2009 -- Increasing Estimated Revenues and Appropriations by $22,973 in the Airport Fund and by X918,899 in the Airport Equipment Capital Project Fund far the Purchase of an Aircraft Rescue and Fire Fighting (ARFF) Truck. 5. Ordinance No. 2386-2009 -- Increasing Estimated Revenues and Appropriations by $740,832 in the Runway Improvement Capital Project Fund for Phase A of the Airport Apron Pavement Rehabilitation Project. 71 6. Ordinance No. 23$7-2009 -- Reducing Estimated Revenues and Appropriations Previously Appropriated by Ordinance No. 2341-200$ by ~ 179,004 in the Airport Fund anal in the Airport Equipment Capital Project F~.ind for the Apron Pavement Rehabilitation Project. 7. Ordinance No, 2388-2009 -- Amending KMC 7. I5.060 to Allow Surplus or Obsolete Supplies, Materials or Equiprent to be Sold by Internet Bidding Process or by a Broker When the Council Determines it is in the Best Interest of the City. 8. Ordinance No. 2389-2009 -- Amending KMC 14.20.260 to Setter Provide far Enforcement for Violations of the Kenai City ,Code and to Provide for Appeal of Administrative Enforcement Orders to the Board of Adjustment. 9. Resolution No. 2009-04 -- Awarding the Bid to Kodiak Island Native Supply for North Beach Fence Materials - 2009 for the Total Amount of $35,303.26. I.O. Resolution No. 2009-05 -- Authorizing the Use of the Equipment Replacement Fund to Purchase a 4X4 Articulating Multipurpose Municipal Tractor with Snow Blower and Ditch Mower Attachment. 11. WITHDRAWAL OF PROTEST OF CONTINUATION OF OPERATION -- Kenai Landing Inc., d/b/a Kenai Landing (License #4355/Beverage Dispensary -- Tourism/Seasonal. 12. WITHDRAWAL OF PROTESTS: CONTINUATION OF OPERATION, RENEWAL OF LIQUOR LICENSE, AND TRANSFER OF LIQUOR LICENSE -- Amy 8v George Bowen, d/b/a One Stop Liquors (License #2319)/Package Stare. 13. *LIQUOR LICENSE RENEWALS -- • Pizza Paradisos #3032 -- Beverage Dispensary • Don Jose's Mexican Restaurant #3039 -- Beverage Dispensary ~ Oaken Keg Spirit Shop # 180$ (Lic. #3218) -- Package Store • Three Bears #4118 -- Package Store • 2 Ga Mart #4544 -- Package Store ITEM F: MINUTES 1. *Regular Meeting of February 18, 2009. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSYNESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 72 3. *Ordinanee No. 2390-2009 -- Amending Kenai Municipal Code Chapter 12.40 to Eliminate Secondhand Tobacco Smoke Exposure in Places of Exnployment and Other Public Places. 4. *Ordinanee No. 2391-2009 -- Amending KMC 14.20.240(c)(6) to Allow an Extension for the Ninety (90) Day Time Limit for Skirting in Mobile Homes Placed in Mobile Horne Parks. 5. *Ordinance No. 2392-2009 -- Amending KMC 2]..05.085, Airport F~xel Flowage Fee. 6. Approval -- Extension of Homer Electric Association, lnc. Lease/Alaska Fire Training Center -- 459 Marathon Raad, Kenai. 7. Approval -- Mutual Termination of Lease and Asset Purchase Agreement/University of Alaska Lease -- Tract A-1, Baron Park Subdivision No. 7 (a Re-subdivision of Tract A, Baron Park Subdivision No. 5). 8. Discussion -- Letter of Agreement/Department of Public Safety, Alaska State Troopers, Bureau of Highway Patrol and Kenai Police Department/Alaska State Trooper Traffic Team. ITEM I: COMMISSION(,COMMITTEE REPORTS 1. Council an Aging 2. ~ Airport Commission 3. Harbor Camzn.ission 4. Library Commission 5. Parks 8~ Recreation Commission 6: Planning 8v Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steez-ing Committee d. Advisory Cemetery Committee e. Kenai Convention & Visitors Bureau f. Salmon Task Force ITEM J: REPORT OF.THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 73 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. 2302-2008 -- 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 $900 to $1,000 Per Month and Council Members' Salaries From X400 to X500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the fast meeting in July, 2009, to allow for further consideration of a salary increase during the budget FY10 budget process.) Ordinance No. 2347-2008 -- Repealing. the Existing KMC 1.15.040 and KMC I.I5.050(c) Regarding Preparation, Distribution and Publication 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 Na. 2347-2008, Substitute B was moved for 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 74 KENAI PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA,ALASKA 5:30 p.m. March 9, 2009 Tentative Agenda MEMBERS: Philip Bryson Kenai Clty Term Expires 2D10 Mari Anne Gross Southwest Borough Term Expires 2011 Brent Johnson Kasllof I Clam Guich Term Expires 2009 Blair Martin Kalifornsky Beach Term Expires 2009 Sue McClure PC Member City of Seward Term Expires 20i 1 ALTERNATES: Paulette Bokenko- Carlucclo 5eldovla Clty 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 3. Minutes a. February 23, 2009 Plat Committee Minutes D. PUBLIC COMMENT {Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Anchor River S. J. Chapman Jeppesen KPB File 2009-013 [ImhofflKyllonen, Goodwin, AP Community & Cemetary Assoc., AP Baptist Church] Location: West of North Fork Road in Anchor Point Anchor Point APC 2. Toium Subdivision No. 6 KPB File 2009-031 [McLanelShephard] Location: On Stoi Road in Kasilof 3 Pine Bluffi Subdivision Hopkins Addn. KPB File 2009-035 [McLanelHopkins] Location: South of Scout Lake Loop in Sterling ~. Alaska Skate Land Survey No. 2008-27 KPB File 2009-032 [TinkerlAgin] Location: On Chinook Run Drive in Sterling 5. Madden Subdivision Schooley Replat KPB File 2009-034 [IntegritylSchooley, Baker] Location: On Marjorie Avenue in Soldotna 6. Cache Subdivision Choat Replat 75 1 KPB File 2009-041 [IntegritylChoat] Location: On Leonidus Circle in Nikiski 7. Bush Gardens KPB File 2009-036 [IntegritylBush] Location; On Burger Street in Kasilof 8. Schuette Subdivision KPB File 2009-037 [JohnsonlSchuetke] Location: Off Isbell Street in Soldotna 9. Walker Subdivision KPB File 2009-038 [SegesserlWalker] Location: North of Robinson Loop in Sterling 10. KPB-Cabana Subdivision KPB File 2009-011 [MuflikinlKPB, Cabana] Location: City of Homer 11. Hutler Ridge Subdivision KPB File 2009-039 [MullikinlKPB] Location: North of East End Road in Homer K-Bay APC 12. Section Line Easement Vacation Plat Assoc. wlKalgin Island Estates No. 1 KPB File 2009-023 [MullikinlUniversity of Alaska] Location: Kalgin Island (Postponed from February 23, 2009 Mee#ing} 13. Federal Addition Avtec Replat KPB File 2009-042 [ClinelCity Seward, State DOT] Location: City of Seward F. FINAL Pt_AT PUBLIC HEARINGS -None G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held March 23, 2009 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Streef, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within khe Borough 1-80D-478-4441, extension 2200 Fax: 907-714-2378 e-mail address: glanninpla~borouah.kenai.ak.us web site; www.borough.kenai.ak.uslglanningdept 76 KENAi PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA March 9, 2009 - 7:30 P.M. Tentative Agenda A. CALL TO ORDER Philip Bryson Chairman B, ROLL CALL Kenai City Term Expires 2D10 C. APPROVAL OF CONSENT AND REGULAR AGENDA Paulette Bokenko- All items marked with an asterisk (*) are consent agenda items. Consent agenda [toms are considered Carluccio rautlna and non-controversial by the Planning Commission and will be approved by one motion. There will PC Member be no separate discussion of consent agenda items unless a Planning Commissioner se requests in which City of Seldovia case the item will be removed from the consent agenda and considered In its normal sequence on the Term Expires 2409 regular agenda. Alice Joanne Collins If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, Anchor Point/ Ninilchik please advise the recording secretary before the meeting begins, and she will inform the Chairman of your Term Expires 2410 wish to comment. Cr. Rick Foster *1. Time Extension Requests PC Member Homer Clty Term Expires 201o a. Cooper Subdivision Clay Addition No. 4 KPB File 2008-065; [ImhofflHomeworks] Mari Anne Grass Location: City of Homer PC Member Southwest Borough Term Expires 2011 * 2. Planning Commission Resolutions James lsham a. Resolution SN2009-04; Renaming certain public rights of way within PC Member Sections 11 & 14, T4S, R14W, within Emergency Service Number Sterling Term Expires 2DD9 ESN 401. ( } Brent Johnson (1 } Buena Vista Ct. to Kodiaks Ct. PC Member (2) Santiago Ln. to Stag Stream Ln. KaslloflClam Gulch Term Expires 2DD9 (3} Guadeloupe Rd to Bull Crossing Rd. (4) Santa Fe Dr. to Blacktail Dr. Harry Lockwood (5) Arasta Rd. to Ram Rack Rd. PC Member TermeExplres 2010 *3. Plats Granted Administrative Approval Blair Martin *4, Plats Granted Final Approval (20.04.070} Vice Chairman Kalifornsky Beach Term Expires 2D09 *5. Plat Amendment Requests Sue McClure *6. Coastal Management Program PC Member City of Seward Term Expires 2D11 ,~ 7. COmmISSloner EXCUSed AbsenCeS Linda Murphy a. Paulette Bokenko-Carluccio, City of Seldovia PC Member Soldotna City Term Expires 2091 b. JoAnne Collins, Anchor Point 1 Ninilchik Todd Petersen *$, Minutes PC Member East Peninsula Term Expires 201D a. February 23, 2009 Plat Committee Minutes 77 Jason Tauriainen PC Momber Northwest Borough Term Expires 2Q11 Max ~. Sost Planning Director Dave Carey Borough Mayor b. February 23, 2009 Planning Commission Minutes D. PUBLIC COMMENTIPRESENTATIONSICOMMISSIONERS (Itoms other than those appearing on the agenda. t_Imited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS -None F. PUBLIC HEARINGS 1. Vacate a portion of Church Street dedicated by Anchor River Subdivision SJ Chapman Addition (HM052269} and Chapman-Jeppesen Tracts (HM0780060) within Section 4, Township 4 South, Range 15 West, Seward Meridian; and within the Kenai Peninsula Borough. KPB 2009-014. Petitioners: H.V. & Susan Kyllonen; Karen R. Goodwin; and Gary W. Bates, all of Anchor Point, AK 2. Vacate the 66 foot Section Line Easement, 33 feet each side, centered on Sections 9 and 10, located within the unsubdivided remainder of 5teelhead Heights Phase One (HM2008033) Township 5 South, Range 15 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough. KPB 2009-015. Petitioner: Tam Clark of Anchor Point, AK 3. Vacate a portion of Skywagon Street dedicated by Paradise Airpark (KN2005091), within Section 13, Township 5 North, Range 10 West, Seward Meridian; and within the Kenai Peninsula Borough. KPB 2009-018. Petitioner: Kent Bangerter of Murray, UT 4. 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 1 Landowner: Clif and Cheryl Shafer. Location: Parcel # 165-680-14; 9,1 acres; Tract 3 Nigthwatch Subdivision, T4S R14W Sec 31, Seward Meridian, AK (Postponed from February 23, 2009) Motion on the table: Commissioner !sham moved, seconded by Commissioner McClure to approve Resolution 2009-03 (hereby granfing the condlfiona! use permit per staff recommendations. 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 23, 2009) Motion on the table: Commissioner Gross moved, seconded by Commissioner !sham to recommend enactment of Ordinance 2009-04; amending KPB Chapter 20.20, Subdivision Design Requirements to Require a Minimum Width of 60 feet for Plafted tots. 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 23, 2009) Moffon on the fable: Commissioner Foster moved, seconded by Commissioner Gross fo recommend adoption of Ordinance 2009-09 creating a flood hazard district in the Seward area. G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18} H. VACATIONS NOT REQUIRING A PUBLIC HEARING SPECIAL CONSIDERATIONS J. SUBDIVISION PLAT PUBLIC HEARINGS 78 The Plat Committee will review 13 preliminary plats K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHERINEW BUSINESS 1. Kenai Peninsula Fish Habitat Partnership -Appointment of PC Representa#ive 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 - February 11, 2009 Seward Planning & Zoning Commission Minutes - January 20, 2009 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, March 23, 2009 in the Assembly Chambers, Borough Administration Building, 144 Narth 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 17, 2009 7:00 p.m. Cooper Landing Cooper Landing Cammunit Hall April 7, 2009 6:00 p.m. Hope 1 Sunrise Hope Social Hall March 19, 2009 7:00 p.m. The Kachemak Bay and Funny River Advisory Planning Commissions are inactive at this fime. NOTE; Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on 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: tall free within the Borough 1-800-478-4441, extension 2200 Fax: 907-714-2378 e-mail address: glanninq(c~borough.kenai.ak.us web site: www.borough.kenai.ak.uslplanninadept 79 114 .~-~~~. __ _- ~ ~\ t11CCl~Uf ~/ H~NAIv SHA MEMO: "~/'~~a e Lvit~t a Past, Gi ~wit~t a ~r~tr~re" 9 ~' 210 Fidalgo Avenue, Kenai, Alaska 9961 ~-7794 Telephone: 907-283-75351 FAX: 907-283-3014 t I I I ~. 19912 TO: Planning & Zoning Commission FROM: Nancy Carver, Planning & Zoning Assistant DATE: March 3, 2009 SUBJECT: KMC 14.20.150 (f) Yearly Reports There were 53 Conditional Use Permits required to complete the 20x8 yearly report. Of those 53 permits, 51 permits have been determined to be in compliance as required in KMC 14.20.150 (g). The following permits never operated: Vozar - CafelCateringlB&B -Sill in the construction process --Original permit expired -applied for and received a new permit • Pool -- i_arge Assembly -Fair -Didn't operate due to lateness of season The delay in completing this yearly report, was due to working with the Kenai Peninsula Borough on tax compliance. 81 c .~ m rn c .~ N N O Z m N rn O O N u'i N ~, N ~' ~O o0 4 r-I ti ~ ~v,, o ~ N as ~ O '~ ~ a~ 0.0 . ~ Gr" L+' `~ bA ~ ~ n ~' "-'a r cC ~r ro ro y, q ~ ~ ~ Q`,a 4 i ,~"~ ~ a~ u o~ ~ N ~ ~ bn O ~ f a `~ '~ '~+,~ , 0 O ,A ~ .~ i i ~ ~ ~ u O nom` ~' U ~' ~ cn N ~~ ~`' •~ fyr O O y U .... O~ (y M U ~ ~ O •~ ~ ~ H G+ ~ 'r ~ O `~ qy ~ bA to ~ ~' i *~ +r' bA ' ~ , fl q : ~ ~ O O ~ N V N ~ ~ b.0~ ~ b ~ N ~ -' _ M P P C~ v O ~ W. fn ` N W . 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'C3 .~ pp fn ''' ro cC +~ ..~ N ^~ vi N ~ ~ x .~' N " bA ~ '-' ~ ~ .~ ~ O ~ a.1 ~ O N ro ^~+ N ~ o a~ v, ro ~ '~ _o ~ a~ w ~' ca ro ~ ro cv ~ o • '~. ~ m h I c® c~ ~ ~ ~ ~ ~ ~~' . ~, bA 0.0 O bA U ~ .. ~? N v 4 ,~ 9.1 ~ ~ ~ teS ~ [n w ~ 'a ~ U x' ~ ~ ~ U "O' h4 ro O F' oro.5~~. onroo-~ ~,,~o+,~~' ,~ oaar~ro 'b~ N [-~~,oa,.~`" ~ ~ ~ ~ . O "~~' N ~`~' ~ ,b ~ ~ OA ~ v O iy ,.~-,~ ~ . ~ ~ '~ '_'icv O o -` ~ ~ ~ ~ 'C1 G~ o ~ ~i N +- ~ '.~_' -d -~ oo o ~ awo ~ ~ `o ro ~ ~ .~ ro ~~, ~; ~ as -~ ;~ v u o ro .~ o ro ~~ ~ ~ ~ ~ ~~ ~ O a ~w ~~ 'ca +-~ v .N a~ u .:~ cd ..... V c~ ~, ~ ~ .~ o. ,~ ,~ ~ O ca ~ ~ cn Q, ~. cn ~ ~ ~ . ~ ~, CJ ~o V ~ [~ ...~ 4 m ~` Project Tracking Sheet KENAI~ // c. c e. tv 'r t: ii Iproject Start: ~ .._ .. .. _.. ,.~ I~raject Completed: _ KItC # 7ti93 App. Start Date: ~ 021241009; Tax Credit: ~.~] ~tsst Share: ~ .] Proj Name: HELP WALKWAYS WITH FLOATING DOCK Parcel No: Riv. Mlle 048-040-9$ Applicant: ~PADGE7T, MACK Contact Name: , , , .. COE COE Pmt Expires COE JD Expires: Location: ~$EAVER CREEK I71D>= VIEW HEIGHTS SUB ' ' f .. ~. .. ... Comments: REPLACE 5TA71ONARY DECK PORTION OF DOCK SYSTEM(12' BY 15°) ,ADD 6'XB' SECTION .AF WAI. WAY AN^ SECTION AS A CANTILEVERi=D EXTENSION ATTACHED TO THE DECK. . .:.. ._.,:~_... -..~..::.::~:._ ~...:.~ ~ :....:. ~ ..::.:. ::.........:..i col=-K~o: ~~;} coy: f:_I MINING usT: I cc: .. .. ...... _ SBCFSA: [ _] TAX: [~ CZM: j~ OPMP: n USFWS: ~._~ KNWR: [] COK: ~,/1 CQS: ` J ADFB~GlSF: I ..J AI' AI Req Date: ~ , AI Rec Date: # Days Review Sasp ~ -, . ~ ~__-___._._.._ Amend # Revr Permit# Reap Due Revised Due Inspect Recr>s Recm Dat Auth Final Action! Date Expiry HabPrt. fJG J I .~ ~ osla4l2aas ~ ~ ~i °. ~ ~'~_J ~:~~.~. ~ _.._M.~~ ~ - -------~... -. ;_.__ ~. ._.... _. __ __ .. _..~ h-___-_: ~._:::~ F .................__....~ I:_._...._.-~ I r_::__..:::: ~.:_::1[.:_:~_:__ ~ ~ :- w::.:_: ~ I . _ ...... _..... it _.T.:_._. _ . 7axCr7 ~ ., _..i L ...,,- .,.--- - .. . . Parks ~ ~ ~ '; .i : ... .. ..! ID# OpMP: i ~ Authorities (Auth) O» MP 840) Fish Passage 870) Anad. Water 890) Emergency t=p~ GAO} A4lowable 050) Compliance Comments Due Revised Due KPt3 - HF' 070) Allowable `080) C.L1.P. 090) Prior Existing r_ 040) Tax Credit ~, 050) Compliance Date Gamm Sent Date F[nal Deter Recd T Final Action ,_ D) Denied T Recm -Comments Only _,_, I) Issued RA) Rec Approval . _. NR) Not Req'd ~.. _ RD) Reo Denial ~ Wig) Withdrawn by applicant _ GC) General Camrnents _ 0) Olher NR) Not Reviewed .~ T R) Reso]ved WD) Withdrawnlciosed ,_,., F) Fined CG) Generally Consistent ,_, C) Court CA) Consistent w! Altemaiives ^ U) Unresolved 1N) Inconsistent ,,,_, P} Passed to CCq 89 Feb, z3. 2009 5:34PNI RECEIUEp No, 0148 P. 2 Fps 2 ~ zoos /,,~ ~Ultl^A~~~I RIVER CEN ~~ ~~ ~~ P ~rmit Ap~pllc atx~n ~ ~ E ~ ~ ~ n QT'S: `St'ou m.ay be contacted about Four applxcatzon. Some projects may Rese~~ Form xequ~ire a coastal project question~uaire to ba completed. A lfcan>r ~Tnformatfon. Marne:. n _ I _ ~ „~ '~•~'~ Owner? 'Y'es No Mailing Address: ~ Arne's ~ Phone (~eWork): '7Cr ~~ l ''~ CaTI phaue; Bay ~ E- atl: CD ~, Agent ~nforrrxatiout Name: ' lVlailirig Address: Phone (Homell~~or1:): Cell Phone: Pax & &-Mail: 1'rolect ~,ocatio~t:. ,,// ~/~ Subdivision: ~!~ i '~ U`•~~ ~ 1rot:~rT Hlock:~ lti~rox/StreamName: D~J~~=- 1--~-~ - River Mile: ~„_, ~r Rlght or (~ Leff bank (iooki~ downstFsam)9 T~pi3 ParoelNumber: 0 D xo'sunship: ~IJ Range: dl ~ Section: 7~" P1e~Ge comulete the followvin~: ;)This activity is a: ~ lteW proj eat ®rnodifioation or addttioi~ to an e7~isting prajeot ztsr-ised x/22/2007 90 21 provide a. detailed dcsoriptlon ofyour antii-e project axrd all related activities, including the stoalcpilin~ of materials. deb. ~~. 2009 ~:34PM Nu. U148 P. 3 Mul~i~-agency Fermi~t AppXxca~ioin ~ Page 2 3) Proposed project start date; ( ~~~ Proposed project completion date: ''~r~. ~~,'2[~~7 4) The pxaj eot is located within the oity limits of: ^ Saldotna ®Kenai ^ Neither 5)1s this prnject located within h4oose range lvleadaws Subdivision, within tiro Kenai National 'QV'ildlife }Zefuge? ^ 'Yes [K3 No )<l'yes, is the project looated witl-in ono or both of - the variable non-develnpittent`easetnent? Y'es No ^ Not sure -the 25-foot public use easement? ~ Yes ~ No ^ N'ot sure ~ 1s tits project located within 50 feet of oxdinary high water (QHVJ) or mean high water (N1XX'~ of an arnadramous stream? ~ Yes ^ No ^ Nat sure rvhdra OHW or MHW line is '7)1}oes any pos~ian of the project cantilever or extend over the OHW or NYH'CV' of the stream? ^ des ~ N'o ^ N'ot st>re where OHW or MH.W line is 8) Daes any portion of the pxoj sot extend belowv the OH'4V ar M1iW of the stream? ^ 'Br'as ©No ~^ Not sure where OHVri-' ~or MH'11V' line is 9) goes this project replace a p}lor existing struoture7 [~ Yes ^ No lb} 'Will. material be e~.tracted or dredged. from the floodplain or r"rverbed7 [] 'Yes [~, No Xfyes, what type o£materia]7 Whai amount of material? Where will the material be deposited? 11) Will material (including spoils, debris or o~verbwden) be deposited in the flaodplain or river? ^ 'St'es, temporarily. 1:Yn~r long? ^ 'Yes, permaner,tlq ~ No Itf yes, v+-hat type of material is ii? ~ ~ Amount: )'dentify the ]ooation(s) of any deposited material on.the attached top-vievu' SitB plan dxa'~.+u'ing. 12) Surfaoe area (in acres) of any wetlands or other waters to 6e f lied;_ ~ y~~r 13R) Y.ist all motorized aquipmentto be used an this ptbaect; ~ /~ lab) What motorized equiprnant will be used below O~T'~J' or hdYT'W? ~ 12e~ised 6/22/2007 91 130) ~.ength of time ~notor;2ed equipment will be used above OHW (give start & end dates): !~ Feb. 23. 2089 5,35PM No. 8148 P, 4 ~t>titY~.Age~nc~ Permit Application ~-Page 3 ~ . 15) Ts any poy~tion of the warlc already complete? ~ Yes ^ No If yes, describe the completed work: 16~ A.ddresses of adjofriing property owners, lessees, etc., 'whose roperfp adjoins the vs+aterba y (If mo}•e entarcd here, please attach a supplemental list). ~s+.. S D~ ... 17} Wili a structure (e.g., culvert, badge support, dice) be placed below ordinary f~iglt water of the stream? ^ Yes [~Nn dyes, attach engineering drawings er a field skufch, as described in the Site Plan Instruatlans ~ Check List. can be r Si ~wat-z~e of .App1i t Date STATEI~N''f 0)~ A.U~'~O~.X2ATYON 1 hereby authorize to act in my behalf as my agent in the processing ofthis application and to furnish, upon request, isr£ormation in support ofthis permit application. Application is hereby made for a permit or permits to authorize tiie work descxibed in this application. i certify that the ir-foximation in this application is complete and accurate. X further certify that Y possess the authoxity to undertake the work described herein. SICrNATUI~.E.OF Al'1'LICANT BATE STATEMENT OF A.~T~SgjiL~Z,A.TION Application is hereby oracle for a permit or permits to authorize the work described in this application X certify tltat the information in this application is complete and aaeurate. X fijrther certify that Y possess the authoxity to u~ndettake the work describbed herein or am acting as the duly authorized agent of the applicant, SXGNATURE OF AGENT ~ DATI? 1 S i7~S,C: Sactiot~ 100X provides that;'4VhoevBr, in any xnataner ~arithin the jurisdictiion of and' department ar agency o£the'U'nited States knovVir~gl~r and vVill£ully falsifies, conceals, or comers up any' trick, scheme, or disguises a material tent or makes any £a1se, fictitious or fraudulent statements or representations or makes ar uses any false writing or document knowing same to contain any false, ~fictitialls nr fraudulent statements or entzy, shall bo firxed not mare than $14,000 or imprisoned not more than fi~+e years or both,. . . Revised 8/22/2007 '~~> 92 Feb. 23, 2009 5.42pM Carol ~ Maok Padgett $F ~ ~9,YtI~B Road Kenai A1.aska 9$6I1 )ta, 0148 i'. 23 Monday, February 23, 2049 Padgett Deck Replacement ~Orlginal Dock Permit = 1-92Q245, Beaver Greek 1•Z} We would line to replace the stationary deck portion of our dociC system an Beaver Creek. The existing deck has been in place since '1994 and is supported by steel casing driven in to the ground (mud). The effects of fifteen winter seasons has caused the casing to shift and pull the deck frame apart. The new deck system will be similar in size and design with the exception that we intend to use mud pads on galvanized pipe to support the deck fume rather than driving support pipes in the ground. The plans call for removing the existing deck along with the supports, The new deck will be constructed out of All Weather Wood and galvanized bar grating. This type of deckfrtg allows for maximum light penetration. We would like to start the dernoiition portion of the protect while the ground is still frozen. 1.111 of the woadBn frame and steel grating can be removed before things thaw out. •The pipes will have to be jacked out after the ground thaws. The goal is to replace the dock with a system that Is safe, conforms t4 the 4onservatlon easement, and is easy to maintain. We believe this design addresses all thrsQ points and will be leas of an eyesore and safety hazard than the existing deck, The attached rough drawing illustrates what we have in mind. Based on the length of the aluminum walkway currently in piece, an additional 6'x6' section of walkway will need to be added in artier to maintain the relative position of the desk with Beaver Creek. Another smaq section will be a cantilevered extension attached to the deck that will be part of the ramp that leads to the floating dock. Early in the year, the floating dock is well out of the water at law tide. The finished deck size will b8180 square feet. Mack Padgeft Office; 907 283-464 Mack.padgett~conocophlllips.com 93 Feb, 2~. 2009 5;42PM 0 a~ a 3 l .y~ :~~ `i ~~: r~ s; M ~o• ,~ ;1 ~,} F .~ i :.~;, ti, ~~ ~,~ ~ ~~ ~~: k: `. '•ti.• -- - :s ~ °~ ~ ~ ~ ~: ~ ~ ~.~~~ 94 No.Oj48 F. Z4 ~, 0 .~~. .~ O ~. ~` ~~ ~~ C~ ,~ ~. ~) Feb, 23. 2D49 5:43P1~ ~~ ~' , No. X146 P. 25 Caloulatlons ~harl Feb, 28. 2409 5c43P~1 96 Na. 4148 P. 26 ~• ~ Calculations Chart ~~ ~~ _ ' _ Q.L. Pfl~uriNQ (807 s5a~4743