HomeMy WebLinkAbout2009-06-24 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
June 24, 2009 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
d. *Excused Absences
Phil Bryson
*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. *June 10, 2009 ..................................................................................................................1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS;
5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.}
a. PZ09-03 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council the enactment of KMC 14.20.255 establishing a
process for the regulation and establishment and placement of communications towers
within the City of Kenai and amending the Land Use Table in KMC 14.22.010 to provide
that communications towers/antennas are a conditional use in the CMU zone .............. l l
• PZ09-03 Substitute - 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 are a
conditional use in the RR and CMU zone.
b. PZ09-19 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that the following sections of Kenai Municipal
Code by amended: 1) KMC 14.25.040(b} by requiring asix-foot high wooden fence or
masonry wall be constructed to shield between residential and commercial uses; 2) KMC
14.25.045 by providing that property adjacent to residential zones should provide ingress
and egress to route traffic away from residential streets and providing that some
development may be required to provide frontal roads; and 3) KMC 14.25.070 by
providing a mechanism to apply for variances ...............................................................59
Agenda
.Tune 24, 2009
Page 2
PZ09-19 Substitute -~A resolution of the Planning and Zoning Commission of the City
of Kenai, Alaska, recommending to the Council that the following sections of Kenai
Municipal Code be amended: 1}KMC 14.25.040(b) by requiring screening between
residential and commercial uses; 2} KMC 14.25.045 by providing that property
adjacent to residential zones should provide ingress and egress to route traffic away
from residential streets and providing that some developments may be required to
provide frontal roads; and 3) KMC 14.25.070 by providing a mechanism to apply for
variances.
c. PZ09-34 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the council that the Land Use Table in KMC 14.22.010 be
amended to: 1}Change the uses of some personal services, restaurants,
dormitories/boarding houses and greenhousesltree nurseries Pram Principal Permitted
Uses (P} to Conditional Uses (C) in the Limited Commercial zone {LC); 2) change
mobile home parks from Conditional Use {C) to Not Permitted (N} in the Limited
Commercial zone (LC}; 3) add language to Footnote 25 to clarify that tattoo parlors are
personal services; and; 4) require tattoo parlors, massage therapists, dry cleaners and self
service laundries to have a Conditional Use Permit in the Limited Commercial zone (LC).
.........................................................................................................................................67
d. PZ09-3S ~- A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending that KMC 14.20.050 be amended by adding a provision to allow
legally non-conforming uses to expand ..........................................................................73
6. OLD BUSINESS:
7. NEW BUSINESS:
S. PENDING ITEMS:
a. PZ09-18 - A resolution of the Planning & Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that Title 14 be amended to establish the MAPS
Special Zoning District and various parts of the Kenai Zoning Code be amended by
adding the provisions to encompass the new zone.
9. REPORTS:
a. City Council ...................................................................................................................75
b. Borough Planning ..........................................................................................................79
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
12. COMMISSION COMMENTS & QUESTIONS:
13. ADJOURNMENT:
Agenda
June 2~, 2009
Work Session
Imanediately Following Regular Meeting
Proposed Amendment
Wind Energy Systems (Wind Turbines}
Page 3
J
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
June 10, 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. *May 27, 2009
3, SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.)
a. PZ09-29 - An application to rezone Lot lE, Killen Estates Collier Replat (1703 Redoubt
Avenue), fi'arn a split zone (RS -Suburban Residential and RR -Rural Residential to
Rural Residential (RR). Application submitted by Don Collier, 1703 Redoubt Avenue,
Kenai, Alaska
b. PZ09-30 - An application for a Conditional Use Permit for outside storage and a
Variance fora 6-foot fence, for the property known as 2021 Wyatt Way, Kenai, Alaska.
Application submitted by Lynford Disque, P.O. Box 2201, Kenai, Alaska.
c. PZ09-33 - An application for a Variance fora 6-foot high fence, for the property known
as 2021 Wyatt Way, Kenai, Alaska. Application submitted by Lynford Disque, P.O. Box
2201, Kenai, Alaska.
b. OLD BUSINESS:
7. NEW BUSINESS:
a. Ordinance Establishing Standards for Wind Energy Systems (Wind Turbines) -
Discussion --Set Public Hearing.
b. Code Amendment -Non-Conforming Uses -Discussion.
S. PENDING ITEMS:
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 far 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.
b. PZ09-19 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that the following sections of Kenai Municipal
Code by amended: 1) KMC 14.25.040(b) by rewiring asix-foot high wooden fence or
masonry wall be constructed to shield between residential and commercial uses; 2) KMC
14.25.045 by providing that property adjacent to residential zones should provide ingress
and egress to route traffic away from residential streets and providing that some
development may be required to provide frontal roads; and 3) KMC 14.25.070 by
providing a mechanism to apply for variances.
c. PZ09-18 - A resolution of the Planning & Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that Title 14 be amended to establish the MAPS
Special Zoning District and various parts of the Kenai Zoning Code be amended by
adding the provisions to encompass the new zone.
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
• PZ09-34 - An amendment to the Land Use Table -- Limited Commercial Zone.
• An amendment to Kenai Code of Ordinances providing for regulation of
communication towers in the City of Kenai.
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
I1. INFORMATION ITEMS:
a. Landscape/Site Plan - City of Kenai -Public Picnic Pavilion
b. Landscape/Site Plan - Salamatof Native Association -Office Building
c. Landscape/Site Plan -Kenai Central High School -Ski Shack Building
d. Zoning Bulletin (5110109)
12. COMMISSION COMMENTS & QUESTIONS:
13. ADJOURNMENT:
2
CITY OF KENAI
PLANNING & ZONING COMMISSION
JUNE L0, 2009
7:00 P.M.
CITY COUNCIL CHAMBERS
CHAiR JEFF TWAIT, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chair 'I~vait called the meeting to order at approximately 7:01 p.m.
1-a. Roll Call
Roll was confirmed as follows:
Commissioners present: R. Wells, J. Twait, P. Bryson, K. Koester, S. Romain
Commissioners absent: K. Rogers, J. Brookman
Staff/Council Liaison present: City Planner M. Kebschull, Administrative Assistant
to City Planner N. Carver, Council Member R. Ross
A quorum was present.
1-b. Agenda Approval
Commissioner Bryson read the following changes to the agenda:
ADD: Y-d. Excused Absences Kurt Rogers, Jerry Brookman
9-c. Administration Report Excerpt from Council Meeting of 6~3~09
MOTION:
Commissioner Bryson MOVED to approve the agenda with the requested changes and
Cornrnissioner Romain SECONDED the motion. There were no objections. SO
ORDERED.
1-c. Consent Agenda
MOTION:
Commissioner Rornain MOVED to approve the consent agenda and Commissioner
Wells SECONDED the motion. There were no objections. SO ORDERED.
1-d. *Excused Absences
Approved by consent agenda.
3
*AlI 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 -- May 27, 2009
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None
ITEM 4: CONSIDERATION OF PLATS -- None
ITEM 5: PUBLIC HEARINGS
5Ma. PZ09-29 - An application to rezone Lot 1 E, Killen Estates Collier Replat
{1703 Redoubt Avenue), from a split zone {RS -Suburban Residential
and RR -Rural Residential to Rural Residential (RR) . Application
submitted by Don Collier, 1703 Redoubt Avenue, Kenai, Alaska.
City Planner Kebschull reviewed the staff report includcd in the packet, noting the
rezone would eliminate a split zone situation.
Twait read the rules of public hearing and opened the meeting to public hearing.
The floor was opened to public hearing. There being no comments, the public hearing
was closed.
MOTION:
Commissioner Wells MOVED to approve PZ09-29 and Commissioner Romain
SECONDED the motion.
VOTE:
Wells YES Twait YES B son YES
Ro ers EXCUSED Brookman EXCUSED Koester YES
Romain YES
MOTION PASSED UNANIMOUSLY.
5-b. PZ09~30 - An application for a Conditional Use Permit for outside
storage and a Variance fora 6-foot fence, for the property known as 2021
Wyatt Way, Kenai, Alaska. Application submitted by Lynford Disque,
P.O. Box 2201, Kenai, Alaska.
PLANNING AND ZONING COMMISSION MEETING
JUNE 10, 2009
PAGE 2
4
Kebschull reviewed the staff report included in the packet, recommending approval
with the following requirements:
1. Variance for asix-foot fence (6') high sight-obscuring fence must be
approved.
2. Variance to only screen the property along Wyatt Way must be approved.
3. Obtain a current State of Alaska business license.
4. Register for sales tax with the Kenai Peninsula Borough.
5. Remove the unsafe mobile home from property.
6. Remove all junk vehicles not pertaining to the "Dodge" restoration
business.
These vehicles are identified from the inventory dated September 18, 2006.
7. Miscellaneous debris and junk must be removed from the site.
8. No additional vehicles may be moved to the storage yard.
9. Permit is valid for a period of five (5) years. Prior to expiration, an
application to renew the permit must be obtained.
10. Permit wlll not be issued until Conditions # 1, 2, 3, 4, 5, and 6 have been
met. Conditions must be met within 60 days of the date of the public hearing.
Twait opened the floor to public hearing.
Lynford Disque, property owner, 2021 Wyatt Way -- Reported he planned to build a
retirement home on the property and needed more than 60 days to comply.
Tom Moore, 8080 Kenai Spur Highway -- Spoke in favor of the recommendations
proposed by staff, noting he owned the property across the street.
Nancy Carver, Administrative Assistant to City Planner -- Reported she took over
the case in November 2007 when code enforcement was transferred to Planning and
Zoning; numerous letters were sent to the owner; the case went to court in October
2008; and, in April 2009, the Judgc requested the owner follow through with the
procedures for Conditional Use Permit.
There being na furfher comments, the public hearing was closed.
MOTION:
Commissioner Romain MOVED to approve PZ09-30 with staff recommendations and
Commissioner Bryson SECONDED the motion.
MOTION TO AMEND:
Commissioner Bryson MOVED to amend Recommendation # 10 to read "Conditions
must be met by May 31, 2010." Commissioner Romain SECONDED the motion.
VOTE:
PLANNING AND ZONING COMMISSION MEETING
JUNE 10, 2009
PAGE 3
5
Wells NO Twait YES B son YES
Ro ers EXCUSED Brookman EXCUSED Koester YES
Romain YES
MOTION TO AMEND PASSED.
MOTION TO AMEND:
Commissioner Bryson MOVED to amend the recommendations by adding:
11. Applicant must supply quarterly reports regarding the status of clean up to staff.
Commissioner Rornain SECONDED the motion.
VOTE TO AMEND:
Wells YES Twait YES B son YES
Ro ers EXCUSED Brookman EXCUSED Koester YES
Romain YES
MOTION TO AMEND PASSED UNANIMOUSLY.
VOTE ON MAIN MOTION AS AMENDED:
Wells YES Tc~rait YES B son YES
Ro ers EXCUSED Brookman EXCUSED Koester YES
Romain YES
MOTION PASSED UNANIMOUSLY.
Twait read the appeal process procedure.
5-c. PZ09-33 - An application for a Variance fora 6-foot high fence, for the
property known as 2021 Wyatt Way, Kenai, Alaska. Application
submitted by Lynford Disque, P.O. Box 2201, Kenai, Alaska.
Kebschull reviewed the staff report included in the packet, noting the variance was
from the requirement of an eight-foot {S'} fence to a six-foot (6') fence and from
screening the entire property to screening along Wyatt Way, including sight obscuring
fencing and gate.
Twait opened the meeting to public hearing. There being no comments, the public
hearing was closed.
MOTION:
PLANNING AND ZONING COMMISSION MEETING
JUNE 10, 2009
PAGE 4
6
Commissioner Romain MOVED to approve PZ09-33 with staff recommendations and
Commissioner Koester SECONDED the motion.
VOTE:
Wells YES Twait YES B son YES
Ro ers EXCUSED Brookman EXCUSED Koester YES
Romain YES
MOTION PASSED UNANIMOUSLY.
Twait read the appeal process procedure.
ITEM 6: OLD BUSINESS -- None
ITEM 7: NEW BUSINESS
7-a. Discussion -- Set Public Hearing -- Ordinance Establishing Standards
for Wind Energy Systems. (Wind Turbines}
Kebschull suggested a work session to be scheduled to discuss zones and minimum
heights. Commission requested Kebschull schedule a work session at a future
meeting.
7-b. Discussion -- Code Amendment -Non-Conforming Uses.
Commission supported Option 5 be used to create a draft ordinance to be brought
before the Commission at a future date.
ITEM 8:
8-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.
8-b. PZ09-19 --A resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska, recommending to the Council that the following
sections of Kenai Municipal Code by amended: 1) KMC 14.25.040(b) by
requiring asix-foot high wooden fence or masonry wall be constructed to
shield between residential and commercial uses; 2) KMC 14.25.045 by
providing that property adjacent to residential zones should provide
ingress and egress to route traffic away from residential streets and
PLANNING AND ZONING COMMISSION MEETING
JUNE 10, 2009
PAGE 5
7
providing that some development may be required to provide frontal
roads; and 3) KMC 14.25.070 by providing a mechanism to apply for
variances.
8-c. PZ09-i8 - A resolution of the Planning & Zoning Commission of the City
of Kenai, Alaska, recommending to the Council that Title 14 be amended
to establish the MAPS Special Zoning District and various parts of the
Kenai Zoning Code be amended by adding the provisions to encompass
the new zone.
ITEM 9: REPORT5
9-a. City Council -- Council Member Ross reviewed the action agenda items
from the June 3, 2009 City Council meeting included in the packet.
9-b. Borough Planning -- Commissioner Bryson reviewed the agenda from
the June 8, 2009 meeting included in the packet.
9-c. Adminlstration -- Kebschull noted PZ09-34 would be at the next
meeting as a public hearing; a draft ordinance on non-conforming use would be at the
next meeting; an ordinance on uses within the Townsite Historic District would be at a
future meeting; and, the cell tower ordinance would be at the June 24 meeting for
public hearing.
Kebschull also reported the MAPS Special Zone group would be meeting with staff,
with regard to PZ09-18, and then a work session would be scheduled for a future
meeting.
ITEM 10: PERSONS PRESENT NOT SCHEDULED
ITEM 11: INFORMATION ITEMS
11-a. Landscape/Site Plan -City of Kenai -Public Picnic Pavilion
11-b. Landscape/Site Plan - Salarnatof Native Association -Office Building
11-c. Landscape/Site Plan -Kenai Central High School -Ski Shack Building
11-d. Zoning Bulletin {5/10/09}
ITEM 12: COMMISSION COMMENTS & QUESTIONS
Koester -- No comment.
Wells -- Reported the next Chamber of Commerce meeting would be joint between
Kenai and Soldotna, held at the Sports Center with Governor Palin as the speaker.
Romain -- No comment.
Bryson -- Reported he would absent from the next two meetings.
PLANNING AND ZONING COMMISSION MEETING
JUNE 10, 2009
PAGE 6
8
Twait -- No comment.
ITEM 13: ADJOURNMENT
MOTION:
Commissioner Bryson MOVED to adjourn and Commissioner Romain SECONDED the
motion. Therc were no objections. SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at
approximately 8:06 p.m.
Minutes prepared and submitted by:
Corene Hall, Deputy City Clerk
PLANNING AND ZONING COMMISSION MEETING
JUNE 10, 2009
PAGE 7
9
~~~..~ CITY OF KENAI
_ PLANNING AND ZONING COMMISSION
--? ~~~ RESOLUTION NO. PZ09~03
t{reca~of
KFNAf~ SNA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THE ENACTMENT OF KMC
14.20.255 ESTABLISHING A PROCESS FOR THE REGULATION OF ESTABLISHMENT
AND PLACEMENT OF COMMUNICATIONS TOWERS WITHIN THE CITY OF KENAI AND
AMENDING THE LAND USE TABLE IN KMC 14.22.010 TO PROVIDE THAT
COMMUNICATIONS TOWERS/ANTENNAS ARE A CONDITIONAL USE IN THE CMU
ZONE.
WHEREAS, the City of Kenai has enacted the Kenai Zoning Code 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 may 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 iri 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 in Section II and 2)the City of Kenai
Code of Ordinances be amended by adding a new section to be numbered KMC
14.20.255 which shall read as follows.
Section I
KMC 14.20.255 Communications Towers and Cornmunlcations Antenna(s)
(a) Definitions. For purposes of this section, the fallowing definitions apply.
(1) "Communications tower" means a tower, pole or similar structure which
supports a telecarnrnunications antenna operated above ground in a fixed
location, free-standing, guyed, or on a building or other structure. An
amateur radio antenna is nofi a "communications tower" under this section.
New text underlined [DELETED TEXT BRACKETED AND ALL CAPS)
11
Pzoa-o3
Page 2
(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.
(3) "Communications Antenna(s)" means any device used for the
transmission or reception of radio, television, wireless telephone, pager,
commercial mobile radio service or any other wireless communications
signals, including without limitation Omni directional or whip antennas and
directional or panel antennas, owned or operated by any person or entity
required to be licensed by the Federal Communications Commission (FCC)
to operate such device. This definition shall not include private residence
mounted satellite dishes or televisions antennas or amateur radio
equipment including without limitation ham or citizen band radio
antennas.
{4] "Height" of a communications tower is the distance from the base of the
tower to the top of the structure.
(b} Issuance of permit by the Planner. If allowed as a principal permitted use under
KMC 14.22.OI0 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 notico and public hearing as set forth under KMC
14.20.280, a communications tower/ antenna shall be permitted by the
Planning and Zoning Commission upon a determination that all of the
conditions of this section and KMC 14.20.150 have been met.
(d) A decision to deny a permit must be in writing and supported by substantial
evidence in the record. No decision regulating the placement, construction or
modification of a communications tower/antenna (s)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 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 cammunications 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 i50 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 on lots larger than 10
acres; height exceeding 150 requires a variance.
(5) In the RR District a freestanding tower with height not exceeding 35 feet
maybe permitted on lots of 1 acre or less; height exceeding 35 feet requires
a variance.
(f] Permitted height above structure. In all zones, a communications tower/
antenna mounted on a building, or structure other than a free standing ar
guyed communications tower must not extend more than thirty (30) feet above
the highest part of the structure.
12
P~09-03
Page 3
(g)
(h)
(i)
(~)
Height limitation near the Kenai Municipal Airport. Regardless of zone, all
communications tower(s) / 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 an file at Kenai City
Hall. No variance may be granted under KMC 14.20.180 that deviates from this
requirement.
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. Na height variance may be
granted that exceeds 150°/a of the maximum height allowed under this section.
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 far construction of a
communications tower ar placement of a camrx~unications 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 anal material.
{2) A site plan drawn to scale showing property boundaries, tower location,
tower height, guy wires and anchors, existing structures, photographs or
elevation drawings depicting typical design of proposed structures, parking
fences, landscape plan, and existing land uses on adjacent property;
(3) A current map, or update far an existing map on file, showing locations of
applicant's communications towers/ antenna(s), facilities and proposed
communications towers/antenna{s) which are reflected in public records,
serving any property within the city;
(4) A report from a structural engineer registered under AS 08.48 in the
State of Alaska showing the communications tower/antenna capacity by
type and number, and a certification that the tower/antenna is designed to
withstand winds iri accordance with the latest revision of ASI/EIA/TlA/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 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;
(I1) Evidence that applicable conditions in subsection (j) are met;
(12) Additional information required by the Planning and Zoning Department
for determination that all applicable zoning Iaws are met.
13
PZ09-03
Page 4
(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 in a reasonably
available location which will minimize the visual impact on the surrounding
area and allow the facility to function in accordance with minimum
standards imposed by the applicable communications regulations and
applicant's technical design requirements.
(2) Inability to locate on an existing structure. The applicant must show that
a proposed communications tower/antenna and equipment cannot be
accommodated and function as required by applicable regulations and
applicant's technical requirements without unreasonable modifications on
any existing structure or tower under control of the applicant.
(3) Necessity for location in a residential, district. Applicant for a permit in a
residential district must show that the area cannot be adequately served by
a facility placed ixi anon-residential district far valid technical reasons.
(4) Location on public property or other private property not suitable. Prior
to consideration far a permit for location on private property which must be
acquired, applicant must show that available publicly owned sites, and
available privately owned sites occupied by a compatible use, are
unsuitable for operation of the facility under applicable communications
regulations and applicant's technical design requirements.
(5) Design for future use. The applicant must show that a new
communications tower is designed to accommodate additional
communications antenna(s) equal ixi number to applicant's present and
reasonably foreseeable future requirements
(6) Safety code met. The applicant must meet all applicable health,
nuisance, noise, fire building and safety code requirements.
(7) .Paint. A communications tower/antenna must be either unpainted or
painted in anon-contrasting grey or similar color unless otherwise required
under KMC 14.20.1.50 or by state or federal law or regulations.
(8) Distance from existing Power. 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 iri this section shall apply.
(11} Setback. In all zones, a communications tower must be a minimum
distance equal to the height of the communications tower from all lot lines.
No variance from the setback requirements of this section may reduce the
minimum setback distance to below a distance equal to fifty percent (50%)
of the height of the tower from a lot line.
(12) No advertising is permitted of the communication tower with the
exception of idez~-tification signage.
14
FZ09-03
Page 5
(] 3) 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 Title 4 {Uniform Codes) and
AS 29.35.141 (including height limitations.)
(m)Appeals. The applicant may appeal to the Board of Adjustment pursuant to
KMC 14.20.290. Failure of the Planning and Zoning Commission to act on an
application which is determined to be complete under this section within 45
days, unless extended by agreement, may be considered by the applicant to be a
denial of the permit which is subject to appeal to the Board of Adjustment.
Section II
KMC 14.22.010 LAND USE TABLE
KEY: P =Principal Permitted Use
C =Conditional Use
S =Secondary Use
N ~ Not Permitted
NOTE; Reference footnotes on
following pages for additional
restrictions
ZONING DISTRICTS
MISCELLAIITEOUS
LAND USES C RR RR RS RS1 RS2 RU C CG IL IH ED R TS L CM
1 C H C U
Gunsmithing, N C C C C C C P P P P N C P P P
Printing, Taxidermy
Assemblies15 {Large: C C C C C C C P1 P~5 Ply P1~ P15 C P N P1e
Circuses, Fairs, Etc.) s
Fraternal N C C C C C C P P P C N C P C P
Organizations/
Private Clubs/Social
Halls and Union
Halls
Nursing, N C C C C C C P P C C C C C C P
Convalescent or
Rest Homes
Parking, Off-Street P P P P P P P P P P P P P P P P
15
Pzos-o3
Page 6
Parking, Public C C C C C C C C C C C C C C C C
Lotsiz
Personal Services~5 C C C C C C C P P P P C C P P P
Communications P [P] C C C C C P P P P P C C C [P]
Towers &
antenna[sl/Radio/T C
V Transmitters/Cell C
Sites 27
Recreational Vehicle C C C C N N C C C C C N C C N C
Parks
Subsurface C C C C C C C C C C C N C N N N
Extraction of
Natural Resourceslg
Surface Extraction C C C C N N C N C C C N C N N N
of
Natural Resourcesl~
* See 42 USCA Sec. 2000ec (Religious Land Use and Institutionalized Persons Act
of 2000)
** See 42 Telecommunications Act of 1996, Sec. 704(a}
*** See, however, the limitations imposed under KMC 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 ixa. the landscaping and site plans.
2. One (1) single-family residence per parcel, which is part of the main building.
3. Allowed as a conditional use, subject to satisfying the following conditions:
a. The usable area per dwelling unit shall be the same as that required for dwelling
units in the RS zone;
b. The site square footage in area must be approved by the Commission;
c. Yards around the site, off-street parking, and other development requirements
shall be the same as for principal uses iri 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 iri harmony with the character of the
16
PZ09-03
Fage 7
surrounding neighborhood, and will not adversely affect surrounding property
values;
f. The buildings shall be used only for residential purposes and customary
accessory uses, such as garages, storage spaces, and recreational and
community activities;
g. There shall be provided, as part of the proposed development, adequate
recreation areas to serve the needs of the anticipated population;
h. The development shall not produce a volume of traffic iri 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 "I`ownhouses" 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 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 met:
a. The proposed location of the use and the size and characteristic of the site will
maximize its benefit to the public;
b. Exits and entrances and off-street parking for the use are located to prevent
traffic hazards on public streets.
13. Allowed as a conditional use, provided that setbacks, buffer strips, and other
provisions are adequate to assure that the use will not be a nuisance to
surrounding properties. The Commission shall specify the conditions necessary to
fulfill this requirement.
14. Allowed as a conditional use, provided that no indication of said use is evident
from the exterior of the mortuary.
15. Allowed, provided that the following conditions are met:
a. An uncleared buffer strip of at least thirty (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.
17
PZ09-03
Page $
16. See "Conditional Uses" sectian.
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.
2i. Developments for use shall be the same as those listed iri the "Development
Requirements Table" for the RU/TSH zones.
22. Allowed as a conditional use in conjunction with a permitted use in the ED
zone. For example, housing for teachers or students far a sehoal in the zone.
23. Allowed as an accessory use iri 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, fitness centers, photographic studios, tailors, tanning salons and
massage therapists.
26. Food services are allowed on a temporary or seasonal basis of not more than
four {4) months per year.
27. Communications Tower/Antenna(s} allowed as a principal_permitted (P} use if the
conditions set forth iri KMC 14.20.255 are met. Or a conditional use C if the
conditions set forth iri KMC 14.20.255 and 14.20.150 are met.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 28TH day of January 2009.
ATTEST:
CHAIRMAN
18
~•.. ~ CITY OF KENAI
_.-~ - PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ09~03
t/re clLyo f
HEHAV SILA
Substitute
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THE ENACTMENT OF KMC
14.20.255 ESTABLISHING A PROCESS FOR THE REGULATION OF ESTABLISHMENT
AND PLACEMENT OF COMMUNICATIONS TOWERS WITHIN THE CITY OF KENAI AND
AMENDING THE LAND USE TABLE IN KMC 14.22.010 TO PROVIDE THAT
COMMUNICATIONS TOWERS/ANTENNAS ARE A CONDITIONAL USE IN THE RR AND
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 Acf of 1996 places limitations on the
manner in which local governments may 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 TO THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the Kenai Code of Ordinance be amended by adding a new
section to be number KMC 14.20.255 in Attachment "A" and 2) and amending KMC
14.22.010 as shown in on Attachment "B."
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 24th day of June 2009.
ATTEST:
CHAIRMAN
Public Hearing/Postponed: 1 /28/09
Public Hearing/Postponed: 2/25/09
New text underlined [DELETED TEXT BRACKETED AND ALL GAPS]
19
PZ09-03 Substitute Attachment "A"
Page 1 of $
KMC 14.20.255 Communications Towers and Communications Antenna(s),
(a.) The purpose of this section is to establish a process, rules and standards for the
construction of wireless telecommunication facilities to:
(1] To protect and promote the public health, safety and welfare.
(2] To provide guidelines for the siting and design of wireless communication
facilities.
(3] To protect the county's environmental resources and to minimize adverse
impacts on visual resources.
(4] To ensure that wireless telecommunication facilities are compatible with
adjacent land uses.
(5] To minimize the number of towers by encouraging the joint use (co-location)
of facilities and by maximizing the use of existing towers and structures.
(6) To allow competition in telecommunications service.
(7] To enhance the ability to provide wireless telecommunication services to
county residents, businesses and visitors.
(b) Definitions. For purpose of this section, the following definitions apply:
(1] "Communications tower" means a tower, monopole, 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 tower is not a "communications tower"
under this section.
(2) "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 direction or panel antennas, owned or operated by an 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 television antennas
or amateur radio equipment including without limitation ham or citizen
band radio antennas.
(3] "Carrier on Wheels or Cell on Wheels (COW)" means aself-contained 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 captains a telescoping boom as the antenna support
structure.
(4) "Height" of a communications tower is the distance from the base of the
tower, including any foundation, to the top of the structure.
20
PZ09-03 Substitute Attachment "A"
Page 2 of 8
(5) "Stealth Communications Facility" means any telecommunications
tower/antenna that is integrated as an architectural feature of a
structure so that the purpose o~ the facility for providing wireless services
is not readily apparent to a casual observer.
(b) Permits.
(1 ] Administrative Permit.
(A) If allowed as a principal permitted use under KMC 14.22.010 a
communications tower shall be permitted by the Planner upon a
determination that all of the applicable conditions of this section
have been met.
(B) Permitted height above structure. In all zones, the Planner may
issue a permit for a communications tower to be mounted on an
existing building, or structure other than a free standing or guyed
communications tower, as long as it does not extend more than
thirty (30) feet above the highest part of the structure and the
applicable conditions of this section have been met. For example,
if a building was constructed to its maximum allowed height of
thirty-five (35) feet in a zone, a communications tower/antenna
may be placed on it provided that it is not more than thirty (30)
feet above the highest part of the building.
(2) Conditional Use Permit, If allowed as a Condition Use under KMC
14.22.010 and after notice and public hearing as set forth under KMC
14.10.280, a communications tower 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.
(3) Application requirements. A written narrative shall be submitted with
the application explaining why the proposed site has been chosen, why
the proposed telecommunication facility is necessary, why the requested
height was chosen, ability of the facility to accommodate other providers,
and any other information requested. The applicant for a permit for
construction of a communications tower must file with the Planning and
Zoning Department an application accompanied by the following
documents, if applicable:
(A) One copy of specifications for proposed structures and
communications antenna(s), including description of design
characteristics and material;
21
PZ09-03 Substitute Attachment "A"
Page 3 of $
(B) A site plan drawn to scale showing property boundaries, tower
location, tower height, guy wires and anchors, existing structures,
photographs or elevation drawing depicting typical design of
proposed structures, parking fences, landscape plan, and existing
land uses on adjacent property;
(C} A current map, or update for an existing map on file, showing
locations of applicant's communications towers/antcnna(s),
facilities and proposed communications towers/antenna(s) which
are reflected in public records, serving any property within the
city;
(D} A report from a structural engineer registered under AS 0$.48 in
the State of Alaska showing the communications tower/antenna
capacity by type and number, and a certification that the
tower/antenna is designed to withstand winds in accordance with
the latest revision of ASI/ETA/TIA/222 standards ("Structural
standards far steel communications antenna towers and
communications antenna supporting structures"};
(E) identification of the owners of the communications
tower/antenna{s} and equipment to be located on the site;
(F) Written authorization from the site owner for the application;
{G) Evidence that a valid FCC license for the proposed activity has
been issued;
(H) Aline of sight analysis showing the potential visual and aesthetic
impacts on adjacent residential districts including photo
simulations of the proposed facility from each direction shall be
provided showing the tower, all antennas, structures, and
equipment facilities, demonstrating the true impact of the facility
on the surrounding visual environment. The Planning Department
will assist in specifying recommended vantage points and the
requested number of photo simulations;
{I) A written agreement, on a form approved by the City Attorney, to
remove the communications tower/antenna(s) within 180 days
after the communications tower/antenna{s} is substantially
unused for a period of 12 consecutive months. If a facility is
unused or if a facility becomes obsolete due to changing
technology, it shall be the responsibility of the tower owner and/or
property owner to remove the tower and to restore the site to its
original condition within 60 days. If the tower is not removed
22
PZ09-03 Substitute Attachment "A"
Page 4 of 8
within this 60-day period, the City of Kenai may notify the tower
owner that it will contract for removal at the cost of the owner.
(J) A cell phone coverage map showing the applicant's cell phone
coverage within the City of Kenai;
(K) Evidence that applicable conditions in subsection {b) (4} are met;
(L} Additional information required by the Planning and Zoning
Department far determination that all applicable zoning laws are
met.
(4) Conditions. For permits issued under subsection (b) and (c} of this
section, the applicant must show that all applicable conditions are met
as follows:
{A} 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.
(B} 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.
(C) 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.
(D) Location on public property or other private property not suitable.
Prior to consideration far a permit far location on private property which
must be acquired, applicant must show that available publicly owned
sites, and available privately owned sites occupied by a compatible use,
are unsuitable for operation of the facility under applicable
communications regulations and applicant's technical design
requirements.
(E) Design for future use. The applicant must show that a new
communications tower is designed to accommodate additional
23
PZ09-03 Substitute Attachment "A"
Page 5 of 8
communications antenna(s) equal iri number to applicant' s present and
reasonable foreseeable future requirements.
(F) Safety code met. The applicant must meet alI applicable health,
nuisance, noise, fire building and safety code requirements.
{G) Paint. Towers and attached antennas must be painted or coated
in a color that blends with the surrounding environment. Muted colors,
earth tones, and subdued hues, such as gray, shall be used. All
associated structures such as equipment buildings, including the roofs,
shall be painted with earth tone colors unless otherwise required under
KMC 14.20.150 or by state or federal law ar regulations.
{H] 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.
(I) FCC rules. The applicant must show by certificate from a
engineer properly licensed in the State of Alaska that the proposed
facility will contain only equipment meeting FCC rules.
(J) 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 height, shall apply to the use. Setback and
height conditions in this section shall apply.
{K) Setback. In all zones, a communications tower must be a
minimum distance equal to the height of the communications tower from
all lot lines. No variance from the setback requirements of this section
may reduce the minimum setback distance to below a distance equal to
fifty percent (50%) of the height of the tower from a lot line.
(L) No advertising is permitted of the communication tower with the
exception of identification signage.
(M) 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.
24
PZ09-03 Substitute Attachment "A"
Page 6 of 8
(N) The communications towers shall be secured by a fence with a
minimum height of eight feet to limit accessibility to the public.
(d) Height.
{1) The height limitation on communications towers permitted or allowed by
conditional. use are as follows:
(A} In the RR-1, RS, RS1, RS2, RU, CC, LC CMU and TSH districts a
freestanding communications tower with height not exceeding 35 feet
maybe permitted; height exceeding 35 feet requires a variance.
{B) In the CG, ED, R, IL and C Districts a freestanding or guyed
communications tower with height not exceeding 150 feet may be
permitted; height exceeding 150 feet requires a variance.
(C) In the IH District a freestanding or guyed communications tower
with height not exceeding 300 feet maybe permitted; height exceeding
300 feet requires a variance.
(D} In the RR district a freestanding or guyed communications tower
with height not exceeding 150 feet may be permitted on lots larger than
10 acre; height exceeding 150 feet requires a variance.
(E) In the RR District a freestanding tower with height not exceeding
35 feet may be permitted on lots of one acre or less; height exceeding 35
feet requires a variance.
(F) Height limitation near the Kenai Municipal. Airport. Regardless of
zone, all communications towers}/Antenna(s) iri 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
14.20.190 that deviates from this requirement.
(G) Height variances. A freestanding or guyed comrnun.ications
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.
(e) Amateur Radio Towers. The Planner shall issue a permit for an amateur radio
tower if the applicant meets the criteria of KMC Title 4 (Uniform Codes) and AS
29.35.141 (including height limitations).
25
PZ09-03 Substitute Attachment "A" Page 7 of 8
(fl Antennas located on existing structures.
(1} Antennas and accessory equipment are permitted in all zoning districts
when located on any existing structure, including, but not limited to
buildings, water tanks, utility poles, broadcast towers or any existing
support structure in accordance with the requirements of this section.
(2) Antennas and accessory equipment may exceed the maximum building
height limitations, subject to the height limitation of this section and
provided the antennas and accessory equipment are in compliance with
the requirements of this section.
(3) Each antenna mounted on an existing structure and any accessory
equipment shall meet the following standards:
(A) Ornni directional 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.
(B) Directional or panel antennas shall not exceed ten (10) feet in
length and two (2) feet in width 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.
(C} Cylinder-type antennas shall not exceed ten (10) feet in length
and not exceed twelve (12) inches in diameter and shall be of a color that
is identical to or similar to the color of the supporting structure to make
the antenna and related accessary equipment visually unobtrusive.
(D) Satellite and microwave dishes shall not exceed ten (10) feet in
diameter. Dish antennas greater than three (3) feet in diameter shall be
screened with an appropriate architectural treatment that is compatible
with or integral to the architecture of the building to which they are
attached. This screening requirement shall not apply to dishes located
upon towers or monopoles.
(E) Other antenna types not specifically mentioned above shall be
permitted if they are not significantly greater in size and will have a
visual impact no greater than the antennas listed above. This provision
is specifically included in this section to allow for future technological
advancements in the development of antennas.
26
PZ09-03 Substitute Attachment "A"
Page 8 of 8
(g) Stealth Communications Facilities. It is the intent of this ordinance that use of
stealth communications facilities within the City of Kenai is encouraged.
(h) Variances. Variances from other general zoning district regulations, including
setbacks, may be granted as allowed under KMC 14.20.1$0.
{i) Exemptions. Ordinary maintenance of existing telecommunications towers,
antennas and support structures shall be exempt from the requirements of this
section. In addition, the following facilities are not subject to the provisions of
this section; 1) antennas used by residential households solely for
noncommercial broadcast and radio reception; 2) satellite antennas used solely
for residential and household purposes; 3} the Planner may issue an
administrative permit for COWS to be used temporarily for testing purposes or
emergency communications. "Temporary" shall mean the COW is removed
within seventy-two (72) hours following the termination of testing or emergency
communication needs.
(j) Decision. A decision to issue or 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 may be
made on the basis of environmental (i.e. health) effects of radio frequency
emission if the facility complies with Federal Communications Commission
(FCC) regulations.
(k) 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, uriless 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.
27
PZ09-Q3 Substitute Attachment "B"
Page ]. of 3
KMC 14.22.010 LAND USE TABLE
KEY: P =Principal Permitted Use
C =Conditional Use
S =Secondary Use
N ~ Nnt Permitted
NOTE: Reference footnotes on following
pages for additional restrictions
ZONING DISTRICTS
MISCELLANEOUS
LAND USES C RR RRl RS R$1 RS2 RU CC CG IL IH ED R TSH LC CMU
Gunsmithing, Printing, N C C G C C C P P P P N C P P P
Taxidermy
Assembliesls (Large: C C C C C C C P15 Pas pis pis Pis C P N Pis
Circuses, Fairs, Etc.)
Fraternal Organizations/ N C C C C C C P P P C N C P C P
Private Clubs/Social
Halls and Union Halls
Nursing, Convalescent or N C C C c c C P P C C C C C C P
Rest Homes
Parking, Off-Street P P P P P P P P P P P P P P P P
Parking, Public Lots 12 C C C C C C C C C C C C C C C C
Personal Services26 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(sl/Radio/TV
Transmitters/Cell Sites 27 C
C
Recreational Vehicle C C C C N N C C C C C N C C N C
Parks
Subsurface Extraction of C C C C C C C C C C C N C N N N
Natural Resourcesls
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{a)
*** See, however, the limitations imposed under KMC 3.10.070
Footnotes:
1. Allowed as a secondary use except on the ground #loor 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 shad include any secondary uses in the landscaping and site plans.
2. One {1) single-family residence per parcel, which is part of the main building.
3. Allowed as a conditional use, subject to satisfying the following conditions:
a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS
zone;
b. The site square footage in area must be approved by the Commission;
c. Yards around the site, off-street parking, and other development requiremonts shall be tha same
as for principal uses in the RR zone;
d. Water and sewer facilities shall meet the requirements of all applicable health regulations;
28
PZ09-03 Substitute Attachment "B"
Page 2 of 3
e. The proposed dwelling group will constitute a residential area of sustained desirability and
stability; will be in harmony with the character of the surrounding neighborhood, and will not
adversely affect surrounding property values;
f. The buildings shall be used only for residential purposes and customary accessory uses, such as
garages, storage spaces, and recreational and community activities;
g, There shall be provided, as part of the proposed development, adequate recreation areas to serve
the needs of the anticipated population;
h. The development shall not produce a volume of traffic in excess of the capacity for which the
access streets are designed;
i. The property adjacent to the proposed dwelling group will not be adversely affected.
4. See "Townhouses" section.
5. See "Mobile Homes" section.
6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home
park meets the minimum Federal Housing Authority requirements.
7. See "Planned Unit Residential Development" section.
8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site
will not destroy the residential character of the neighborhood.
9. Allowed as a conditional use, provided that all appllcable safety and fire regulations are met.
10. Provided that no part of any building is located nearer than thirty (30} feet to any adjoining street or
property line.
11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30)
feet to any adjoining street or property line and provided further that the proposed location and
characteristics of the use well not adversely affect the commercial development of the zone.
12. Allowed as a conditional use, provided that the following conditions are met:
a. The proposed location of the use and the size and characteristic of the site will maximize its
benefit to the public;
b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on
public streets.
13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate
to assure that the use 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 traffic hazards
on the public streets.
16. See "Conditional Uses" section.
17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
1$. Conditional Use allowed only on privately held property. Not allowed on government lands.
19. Deleted by Ordinance 2144-2006.
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. Far example,
housing for feathers or students for a school in the zone.
29
PZ09-03 Substitute Attachment "B"
Page 3 of 3
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, fitness
centers, photographic studios, tailors, tanning salons and massage therapists.
26. Food services are allowed on a temporary or seasonal basis of not mare than four (4) months per year.
27. Communications Towe JAntenna(s] allowed as a nrincinal permitted {Pl use if the applicable
conditions set forth in KMC 14.20.255 are met or a conditional use {C) if the applicable conditions set
forth in KMC 14.20.255 anal 14.20.150 are met. ~ ~~- ~~~~ ~~~
30
f
~`. ~~~ at&t
June 17, 2009
Jason Olson
Director - Reguiatory
~~N
~~~~~~~~'Cy
' ~ ~ouy
Planning and Zoning Commission
City of Kenai ~/j~
c/o Marilyn Kebschull, AICP, City Planner h D
210 Fidalgo Ave.
Kenai, Alaska 99611
Re: KMC 14.20.255, Communications Towers and Communications Antenna(s)
Dear Members of the Commission:
AT&T Mobility and Alascom, Inc. d/bla AT&T Alascom ("AT&T") present these comments
on the above referenced ordinance you a-mail on June 4, 2009.
In addition to these comments, AT&T wishes for the Commission to further consider the
comments previously filed by AT&T on January 28, 2009 and on May 27, 2009 on earlier
proposals. This set of comments focuses on a narrow set of critical issues.
The comments track the referenced section.
KMC 14.20.255 (b)(4)(A} Location and Visual Impact. This section proposes
that the company select a reasonably available location which will minimize the
visual impact on the surrounding area. We are unable to determine how the
commission would like visual and aesthetic impacts measured or determined.
AT&T is concerned that without greater specificity, towers in different, but
similarly situated locations in Kenai, could be denied. AT&T is looking for clear
guidelines that will be equally enforceable regardless of where in the city the
tower is constructed.
2. KMC 14.20.255 {b)(4}(K) Setbacks. This section proposes that a communications
tower be a minimum distance equal .to the height of the communications tower
from all lot lines with the possibility of a variance to reduce the setback distance
to fifty percent (50%} from the lot line. As previously noted in both the January
26, 2009 and the May 27,,2009 letters, AT&T is particularly concerned with this
section. This stringent requirement for setback is very limiting especially in a
residential setting.
KMC 14.20.255 (d}(1)(A) Height Limitations. This section proposes to limit the
tower height to 35 feet in most residential districts. This is extremely low and has
the potential to create a very challenging environment for both the city and the
communications carriers. This height limit could effectively prohibit towers in
AT&T Services, inc.
505 East BlufF Dr., MP389
Anchorage, AK 99501
907-264-73D8 Phone
907-777-26DU Fax
jason.oisoni@att.com
31
these districts and may obstruct the ability of carriers to provide wireless services
in areas where it is needed.
4. When examining the potential combined effects of 14.20.255 (b)(4}(K) Setbacks
and (d)(1)(A) Height Limitations, they could either effectively prohibit the
construction of communications towers in mast residential neighborhoods, or
conversely result in many shorter towers being constructed in residential
neighborhoods. As noted in the May 27, 2009 letter, residential neighborhoods
generate much of the new wireless communications demand. Customers'
expectations of wireless communications providers have changed over the past
few years, Customers now expect their wireless device to work in their homes
just as well as they do in more populated areas. An inverse relationship exists
between the allowable height of towers and the number of towers needed to
provide quality services to a neighborhood. The higher the allowed height, the
fewer towers needed and vice versa.
Thank you for the opportunity to comment on the proposed ordinance, If you have further
questions, please contact me an 907-264-7308.
Thank you,
Isl Jason Olson
Jason Olson
Director -Regulatory
AT&T Services, Inc,
32
~- :~
t j at&t
h;
May 27, 2009
]ason Olson
Director -Regulatory
Planning and Zoning Commission
City of Kenai
c/o Marilyn Kebschull, AICP, City Planner
210 Fidalgo Ave.
Kenai, Alaska 99611
AT&T Services, Inc.
SOS East BIuFF Dr., MP389
Anchorage, AK 99501
907-264-7308 Phone
907-777-2600 Fax
jason.olsonl@att,com
Re: KMC 14.20.255, Communications Towers and Communications Antenna(s)
Dear Members of the Commission:
I am Jason Olson and I work for AT&T Services, Inc. I represent AT&T Mobility and
Alascom, Inc. dba AT&T Alascom ("AT&T") on policy matters before state and local
governments in Alaska. I am writing to provide AT&T's comments on the above referenced
ordinance. These comments will be very brief and to the point as I realize this matter is
before the Commission this evening. I would like to apologize that these comments were not
submitted earlier.
The comments track the referenced section.
KMC 14.20.255 {b){3}{H) proposes that a company must file a line of sight
analysis showing the potential visual and aesthetic impacts on adjacent residential
districts. AT&T is concerned that the ordinance does not describe from how
many points the visual and aesthetic analysis and by what criteria or method
should the visual impacts be performed.
2. KMC 14.20.255 (b)(4){A) proposes that the company select a reasonably
available location which will minimize the visual impact on the surrounding area.
AT&T has similar concerns as expressed above. We are unable to determine how
the commission would like visual and aesthetic impacts measured or determined.
3. KMC 14.20.255 (b}(4}(A) proposes that an applicant must show by certificate
from a registered engineer that the proposed Facility will contain only equipment
meeting FCC rules. AT&T seeks clarification on who is an appropriate engineer
and whether or not the engineer could be employed by the applicant.
4. KMC 14.20.255 (b}(4)(K) proposes that a communications tower must be a
minimum distance equal to the height of the communications tower from all lot
lines. AT&T is particularly concerned with this section. This stringent of a
setback requirement is very limiting especially in a residential setting.
Residential neighborhoods generate much of the new wireless communications
33
demand. Customer's expectations of wireless communications providers have
changed over the past few years. Customers expect their wireless devise to work
in their homes just as well as they do in more populated areas. While not unheard
of catastrophic tower failures are very rare.
KMC 14.20.255 (c)(1)(F) addresses tower height limitations near the Kenai
Municipal Airport. Tower placement near airports is regulated by the Federal
Aviation Adminstration {"FAA"). AT&T simply feels this section is unnecessary
given the FAA regulations.
6. KMC 14.20.255 (e){3){C} which addresses cylinder-type antennas. AT&T is
uncertain what acylinder-type antenna is.
Thank you far the opportunity to comment on the proposed ordinance and I again apologize
for not submitting these comments earlier in the process. AT&T is willing to discuss the
ordinance, this letter or any future modification to the ordinance at anytime. If you have
further questions, please contact me on 907-264-7308.
Thank you,
Isl Jason Olson
Jason Olson
Director -Regulatory
AT&T Services, Inc.
34
1~e.S ~I $~CJ~Z~T ~~ 1VLAS ®N P.c.
LAWYERS
DANI CROSBY MATTHEW T. FIND4EY ° DONALD W. MCCLINTOCK I1I
ROBERT A. ROYCE A. WILLIAM SAUPE JACOB A. SONNEBORN
OF COUNSEL MARK E, ASH BURN JUEIAN L. MASON 111
January 26, 2009
Email: mkebschull@ci.kenai.ak.us
Planning and Zoning Commission
City of Kenai
c/o Marilyn Kebschull, ATOP, City Planner
210 Fidalgo Avenue
Kenai, Alaska 99611
Re: Proposed Telecommunication Tower Ordinance
P&Z Resolution No. PZ09-03
Our File No.: 1063 8.005
Dear Chairperson Twait and Members of the Commission,
~~ ~~ ~~
~iQ~ ~ ~ ?Opy
This firm represents AT&T Mobility and Alascom, Inc, dba AT&T Alascom, and would like to
take this opportunity to share our comments on proposed P&Z Resolution PZ09-d3. First, we
agree that the passage of appropriate regulations is the best way to harmonize appropriate
development with the advancement of the modern telecommunication services that our
customers and your constituents all demand. It is in that spirit that we offer the following
comments.
First, as a resource material, we include a model ordinance that, although it does not fit intact
into your re@atory 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 comments.
Our comments focus on several core concepts: the perspective that towers, but not antennas,
should be regulated; the height limitations imposed on the towers and the variances related to
them; and the goal to promote collocation and alternatives to the construction of new towers.
1227 WEST 9TW AVENUE, SUITE 200, ANCWORAGE, AK 99501 ~ TEL 907.276.4331 ~ Fax 907.277.8235
35
ASH SUR_C~7 .~ NI_ASaN~~.~..
Planning and Zoning Commission
Page 2
January 28, 2009
Webelieve awell-crafted ordinance will allow and promote 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} (1}. We request that utility poles be exempted from the definition of
"Communications tower." Such pales provide convenient locations for 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 farm or content
of the information as sent ar received" is intended to exclude, or if it inadvertently includes other
activities not intended to be regulated. Further, since the proper area of local regulation is the
tower or structure, most codes focus on defining the structures ar towers, e.g., the
"Telecommunications Towers" ar "Telecommunication Facility." The definition of
"Telecommunications" 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 II, define which zones
allow communications towers/antennas as a permitted use and which zones as a conditional use.
However, it does not distinguish between towers and antennas. Webelieve that if the goal is to
foster effective telecommunications and avoid the construction ofunnecessary towers, then a
distinction should be made. Towers, not antennas, should be the focus of regulation. The
regulatory requirements this Code proposal places on the construction and replacement of non-
tower based 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. However, subjecting antennas to
s Fox example, in Anchorage, "Towers" are defined at AMC 21.35A20. In the PCIA
Model Ordinance, "Telecommunications Facilities" are defined.
36
ASHBLJRN ~ MASON~~.~~.
Planning and Zoning Commission
Page 3
January 28, 2009
the conditional use process adds an additional level of cost or scrutiny that is not necessary for an
ordinance properly focused on the regulation of towers. Because most zoning districts only
allow either antennas or towers by conditional use, the penalty in the proposed code is
significant. The PCIA Model Ordinance z 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 loading or the electrical connections necessary
for a new antenna on an existing structure. But the type of scrutiny usually involved in a
conditional use hearing, as well as the filing requirements, should not be required to simply
mount an antenna on a building.
4. I~lIC 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 far same of the included zones, but not
the RU, CC and TSH districts, which cur~•ently do not have a height restriction. Since the
variance procedure only allows increasing the tower height by 50%, the maximum height that
could be achieved in any of these zones is 52.5 feet. This is well below what is generally
required in the industry for adequate coverage free of interference by foliage and other buildings.
In the PCIA Model Ordinance, for example, height is limited to f fty (50) feet by right in all
zones. In Anchorage, towers in residential zones are allowed up to sixty-five (65) feet, with
additional height allowed for collocation.3 In general, a 35-foot limitation in an urban area, or an
area with foliage, is not a practical height and is tantamount to a ban of towers in these zones.
We are not prepared to address what height strikes the best balance between the concerns of the
community and the technological needs of providing our services, but will be happy to pursue
that further with staff if the 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 (f) provides that antenna and structures on buildings cannot exceed 30 feet. That is a
reasonable limit, but it is unclear how 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 PCIA Model Ordinance, Part IV.
} AMC 21.45.265.A.3.c
37
ASHBURN ~w MASONr.~.
Planning and Zoning Commission
Page 4
January 2$, 2009
subsection (f}, We suggest that subsection {f) be re-worded as follows to reflect this intent {if
that is the intent}:
Permitted height above structure. In all zones, notwithstanding the height limitations as
set forth in this Code with respect to building ar other structure height or tower height, a
communications towerlantenna rnay be mounted on an existing building, or structure,
other than a free standing or guyed carnmunications tower, so long 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 fartnat}
In the RU and CC zones, since there are no current height limitations, it may be
better to move those categories to conditional use review and approval under subsection
(e)(2). While we can understand why you would not want towers in the TSH (historic)
district, both of the RU {urban residential} and CC (central commercial) districts are
likely high usage areas so the opportunity to have an effective tower may be important to
provide coverage if no other alternative is available.
You should keep in mind that there is a trade-off between the number of towers
and their height. Higher towers allow more opportunities for collocation, which reduces
the number of towers needed. This proposed Code is different from most as it offers no
incentive, usually granted by additional height, to build towers that will accommodate
other users through collocation. We would recommend that the Commission give serious
consideration to recommending that additional height can be earned as an incentive to
allow collocation.
Finally, the RR (rural residential) district in subsection (e}{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 RR (rural residential) zone what the height limitation is on lots between 1
acre in size and 10 acres in size. We suggest that RR lots greater than 1 acre should be
allowed the taller towers proposed-for tracts greater than 10 acres. Generally, these 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
38
ASHBURN ~ MASCJN~>.~..
Planning and Zoning Commission
Page 5
January 28, 2009
replace an existing antenna. As we believe antennas should not be regula#ed, 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 does it require any special permit review other
than normal building code requirements applicable to all uses.
6. KMC 14.20.255{j) (8}. We are not clear why the City is requiring a line of sight
study. Generally those are required 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 14.20.255(k}. We 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, and it should be clarif ed that these are the
conditional use standards.
Further, given the extreme height limitation in some of the districts, it will be very
diff cult to show the tower will meet future needs as required in subsection (k}(5) as it is
unlikely there is any room to provide for future capacity on a 35-foot tall tower.
Again, we look forward to working with the City 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. It is our request that the Commission return the proposed ordinance to
staff with the recomimendation that it be revised to deal with these concerns and we are
happy to work with staff to that end.
39
ASHBURI~T ,; MASONr.c.
Planning and Zoning Commission
Page 6
January 28, 2009
Very truly yours,
ASHBURN & MASON, P.C.
Donald W. McClintock
Enc:
DWM:havv
P:1Clients114638.065VKenai PZ Llr Q8012$ t~-DRC).dpc
40
N.~ODE~.~ VV~REI.ESS '~'EL,ECOlVINIUN~CA'I'IONS
O1tDINANCE
PCIA, THE WIRELESS INFRASTRUCTURE ASSOCIATION
December, 2006
About PCIA
PCIA is anon-profit trade association seeking the advancement of the wireless communications
industry #hrough advocacy, technical and marketplace initiatives. PCIA supports programs and
policies that expand the growth of the wireless network infi•asttucture and deployment industry.
PCIA's gook is to create a better fmancial and business environment in which its members can
grow and succeed. For more information, please go to www.pcia.com,
41
MODEL WIRELESS TELECOMMUNICA'T'IONS ORDINANCE
I. Purpose and Leeislative Intent.
The purpose of this Wireless Telecommunications Ordinance is to ensure that residents and
businesses in [the Municipality] have reliable access to wireless telecommunications networks
and state of the art communications services while also ensuring that this objective is achieved in
a fashion that preserves the intrinsic aesthetic character of the community and is accomplished
according to [the Municipality's] zoning, planning, and design standards. The
Telecoznmunica#ions Act of 1996 preserved, with cez'tain limitations, local government land tlse
and zoning authority concerning the placement, construction, and modilication of wireless
telecommunications facilities. [The Municipality] recognizes that facilitating the development of
wireless service technology is an essential component of public safety, and can be an economic
development asset to [the Municipality]. To accomplish the above skated objectives and to
ensure that the placement, construction or modification of wireless telecommunications facilities
complies with all applicable Federal laws, and is consistent with [the Municipality's] land use
policies, [the Municipality] is adopting a single, comprehensive, wireless telecomlunications
ordinance.
This Ordinance establishes parameters far the siting of Wireless Telecommunications Facilities.
By enacting this Ordinance it is [the Municipality's] intent to:
(I) >rnsure access to reliable wireless communications services throughout all areas of
[the Municipality]; Comment [MSOfficel]: This is important
because wireless users depend on their mobile
devices everywhere - in their homes and offices, and
{2} Encourage the use of existing Monopoles, Towers, Utility Poles and other while on travel.
steuctures for the collocation of Telecommnunicatians Facilities; comment [MSnrrcez]; A core policy goal here
..
~s to encourage co-location pf wireless fireilgres on
existing structures.
(3} Encourage the location of ztew Monopoles and Towers in non-restdential areas; --- - ~~----- -- -- - ~- - ----------~ -- -----
{4) Minimize the number of new Monopoles and Towers that would otherwise need
to be constzucted by providing incentives for the use of existing structures;
(5) Encourage the location of Monopoles and Towers, to the extent possible, in areas
where the adverse impac# on the community wit[ be minimal;
(6) Minimize the potential adverse effects associated with the construction of
Monopoles and Towels thz•ough the implementation of reasonable design,
landscaping and construction practices;
(7) >rnsm-e public health, safety, welfare, and convenience; and
42~
{8) Conform to Fedeeal and State laws that allow certain antennas to be exempt from
local regulations,
CI. Definitions.
For the purposes of #his Ordinance, the following terms shall be defined as:
Accessory Equipment -- Any equipment serving or being used in conjunction with a
Telecommunications Facility or Support Structure. This equipment includes, but is nok limited
to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment
buildings, cabinets and storage sheds, shelters or other structures.
Administrative Approval -- Zoning approval that the [Zoning Administrator] or designee is
authorized to grant after Administrative Review.
Administrative Review -- The procedures established in Section IV E of this Ordinance,
Antenna -- Any skructure or device used to collect or radiate electromagnetic waves for the
provision of cellular, paging, personal communications services (PCS) and microwave
communications. Such structures and devices include, but are not limited to, directional
antennas, such a panels, microwave dishes and satellite dishes, and otnrtidirectional antennas,
such as whips.
Collocation -- The act of siting Telecommunications Facilities in the same location on the same
Suppot# 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 now support structure.
Carrier on Wheels or Cell on Wheels ("COW") -- Apot#ableself-contained cell 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 suppot# str'ueture.
Ordinary Maintenance -- Ensuring that Telecommunications Facilities and Suppot# Structures 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 Suppot# Struc#ure's foundation or of the Suppot# Structure itself Ordinary
Maintenance includes replacing Antennas and Accessory Equipnrrent on alike-for-like basis
within an existing Telecommunications Facility and relocating the Antennas of approved
Telecommunications Facilities to differen# height levels on an existing Monopole ar Tower upon
which they are currently located. Ordinary Maintenance does not include Mina' 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 now
Telecommunications Facilities to an existing Support Structure without Replacement of the
structure shall not constitute a Major Modification. Major Modifications include, but are not
Comment [MSOffice3]: This approval would
not require a public hearing..-.W ~~_ ____ ___ _.__~)
Comment [M50ffice4]: The desc~~plion of
antenna s5vaps as "ardinaiy maintenance" is
important because carriers regularly upgrade
antennas as part ofperiodic network improvements.
43
limited to, extending the height of the Suppot# Structure by more than twenty (20) feet or ten
percent (14%} of its current height whichever is greater, and the Replacemont of the structure.
Minor Modiftcations -- Improvements to existing Telecommunications Facilities and Support
Structures, thak result in some material change to the Facility or Support Structure but of a level,
quality or intensity that is less than a "substantial" change. Sudz Minor Modifications include,
but ate not limited to, extending the height of the Support Sttucture by less than twenty (20) feet
or ten percent (10%) of its cutrent height, whichever is greater, and the expansion of the
compound area for additional Accessary Equipment.
Monopole --A single, freestanding pole-type sttvcture supporting one or moz'e Antenna. For
purposes of this Ordinance, a Monopole is not a Tower.
Replacement -- Constructing a new Suppa# Structure of proportions and of equal height or such
other height as would be allowed under the definition of Minor Modification to apre-existing
Support Structure in order to support a Telecommunications Facility or to accominodate
Collocation and removing the pre-existing Support Structure.
Stealth Telecommunications Facility'-- Any Telecommunications Facility that is integrated as an
architectural feature of a structure so that the purpose of the Facility for providing wireless
services is not readily apparent to a casual observer.
Support Structure{s) - A structure designed to Suppa# Telecommunications Facilities including,
but nok limited to, Monopoles, Towers, Utility Poles and other freestanding self- Suppot#ing
sttvctuz•es.
Telecommunications Facility(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 setroice, personal communications service (PCS), and paging
service. A Telecommunication Facility can consists of one or rnore Antennas and Accessory
Equipment or one base station.
Tower -- A lattice-type structure, guyed or freestanding, that suppo-#s one or more Antemtas.
III. Approvals Required for Telecommunications Facilities and Support Structures.
(A) Administrative Review. Telecorrununications Facilities located an any existing
Suppot# structure shall be permitted in any zoning district after Administrative
Review and Administrative Approval in.accordance with the standards set forth in
this Ordinance. New Support Sh•uctures that are less than sixty {60) feet in height
shall be permitted in any zoning district after Administrative Review and
Administrative Approval in accordanco with the standards set forth in this
Ordinance. New Support Structures up to one hundred ninety-nine (199) feet in
height 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 or
COmmflnt [M5t)ffte5]: Such m°dirications
have little to no visufll impact, and can be a good
altemativetobui]dinganewstntcture. For this
reason, the ordinance incentivizes improvements to
existing structures through expedited regulatory
Ireatmenl.
Comment [MSOffit¢6]: The decision to employ
stealth technology involves a variety ofengineering,
stmctural and financial factors, and should be made
by the nehvork opera[°rs_ _ ____-.__. _, -____- ____-.
44
rights-of-way shall be permitted in any zoning district aftor 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 set forth in this Ordinance.
(B) Special Permit. Telecommunications Facilities and Support Snructures not
permitted by Administrative Approval shall be permitted in any district upon the
granting of a Special Permit from the [Zoning Board] in accordance with the
standards set forth in this Ordinance.
{C) Exempt, Ordinary Maintenance of existing Telecommunications Facilities and
Support Structures, as defined herein, shall be exempt from zoning and permitting
requirements. 1n addition, the fallowing facilities are not subject to the
provisions of this Ordinance: {1) antennas used by residential households solely
for broadcast radio and television reception ; {2} satellite antennas used solely for
residential or household purposes; (3) COWS placed for a period of no# more
than one hundred twenty (l20) days at any location within [The Municipality]
after a declaration of an 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.
lV. Telecommunications Facilities and Support structures Permitted by Administrative
Approval.
A, Telecommunications Facilities Located on Existing Structures
(1) Antennas and Accessory Equipment are permitted in all zoning districts
when located on any existing structut'e, including, but not limited to,
buildings, water tanks, utility poles, broadcast towers or any existing
Support Structure in accordance with the requirements of this Part.
(2) Antennas and Accessory Equipment may exceed the maximum building
height limitations, provided the Atrtenna and Accessory Equipment are in
compliance with the requirements and standards of this Part.
{3} Each Antenna mounted bn existing structures and any Accessary
Equipment shall meet the following standards:
{a} Otnnidarectianal or whip Antennas shall not exceed twenty (2Q)
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.
45
(b) Directional or panel Antennas shall not exceed ten (10) feet in
length and two (2) feet in width 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.
(c) Cylinder-type Antennas shall not exceed ten (10) feet in length and
not exceed twelve {12) inches in diameter and shall be of a color
that is identical or similar to the color of the supporting structure to
make the Antenna and related Accessory l;quipme-tt visually
unobtrusive.
{d) Satellite and microwave dishes shall not exceed ten (30) feet in
diameter. Dish antennas greater than tlu•ee (3) feet in diameter
shall be screened with an appropriate architectural treatment that is
compatible with or integral to the architecture of the building to
which they are attached. This screening requirement shall not
apply to dishes located upon Towers or Monopoles.
(e) Other Antenna types not specifically mentioned above shall 6e
permitted if they are not significantly greater in size and will 1-ave
a visual impact no greater than the Antennas listed above. This
provision is specifically included in this Ordinance to allow for
future teehnologicai advancements in the development of
Antemias.
(f} Accessory Equipment must comply with Section VI (E).
B. New Sapport Strucfures
(1) New Support Structure less than fifty (60) feet in height shall be permitted
in all zoning districts in accordance witl- the requirements of this 1'at•t.
(2) Now Support Structures up to one hundred ninety-nine (199) feet in height
shall be permitted in all Industrial Districts in accordance with the
requirements of this Pal-t. The height of any proposed suppo-•t structure
shall not exceed the minimum height necessary to meet the coverage
objectives of the Facility. The setback ofthe st-ucture shall be governed
by the setback requirements of the underlying zone.
(3) 'In the case of a monopoles or replacement poles that wil! suppo-•t utility
lines as well as a Telecommunications Facility shall be permitted within
utility easements or rights-of way, in accordance with requirements of
this Part:
46
Comme~-t [MSOffice7]: This season allows for
ell-icient use of public rights-af-way for the provision
ofwire3essservices. ~_"________
{a) The utility easement or right-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 and/or distribution structures that are eighty
($0) feet or greater in height.
(c) The height of the Monopole or replacement pole may not
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 frfteen {15}feet from
all boundaries of the easement orright-of--way.
(e) Single carrier Monopoles may be used within utility
easements and rights-of--way due to the height restriction
imposed by Subsection (c) above.
(f) Poles that use the structure of a utility tower for support are
permitted under this Section. Such poles may extend up to
twenty {20) feet above the height of the utility tower,
{~4) Monopoles or replacement poles located on public property or within
public rights-of--way that will support public facilities or equipment in
addition to Telecommunications Facilities shall be permitted in
accordance with requirements of this Part. l;xamples include, but are not
limited to, municipal cotmnunication facilities, athletic $eld Eights, traffic
lights, street Eights, and other types of utility poles in the public right-of-
way.
C. Stealth Telecommunications Facilities
(1) Stealth Telecommunications Facilities shall be permi#ted in all zoning
distric#s after Administrative Review and Administrative Approval in
accordance with the requirements below:
(a) Antemtas must be enclosed, camouflaged, screened, obscured or
otherwise not readily apparent to a causal observer.
(b) The structure utilized to support the Antennas must be allowed
within the underlying zone district. Such structures may include,
but are not limited to, flagpoles, bell towers, clock towers, crosses,
monuments, smoke stacks, parapets, and steeples.
47
D.
(c) Sotbacks fa• the supporting structure shall be govezned by the
setback requirements of the underlying zoning district.
General Standards, Design Requirements, and Miscellaneous Provisions
(1) Unless otherwise specified herein, all Teleconununications Facilities and
Support Struchlres permitted by Administrative Approval are subject to
the applicable general standards and design requirements of Section Vl
and the provisions of Section V1I.
E. Administrative Review Process
{1) All Administrative Review applications must contain the following:
{a} Administrative Review application form signed by applicant.
(b) Copy of lease or letter of authorization from property owner
evidencing applicant's authority to pursue zoning application
(c} Zoning 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 Supportt Structure:
{i} Statement documenting why collocation cannot meet the
applicant's requirements, Such statement may include
such technical information and other justifications as are
necessary to document the reasons why collocation is not a
viable option; and
{u} The applicant shall provide a list of all existing structures
considered as alteznatives to the proposed location, The
applicant shall provide a written explanation why the
alternatives considered were either unacceptable or
infeasible due #o technical, physical, or financial reasons.
if an existing tower or monopole is listed among the
alternatives, applicant must specifically address why the
modification of such structure is not a viable option.
{iii} Applications for new Support Structures with proposed
Telecommunications Facilities shall be considered together
as one application requi-•ing only a single application fee.
{e} Administrative Review application fee.
48
Comment 1MSOfflce8]: This ovidentiary
nequiremenl allows local jurisdictions an oppoliunily
to review an applicalien's alternatives, and requires
providers to prove that collocation is no[ viable in a
specific circumstance.
(2) Procedure..
{a) Within ten (10} business days of the receipt of an application far
Administrative Review, the [Zoning Administrator] shall either:
(l) inform the Applicant in writing the specific reasons why the
application is incomplete and does not meet the submittal
requirements; 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 {60)
business days after receipt of written notice shall constitute a
withdrawal withaut prejudice of the application. An application
withdrawn without prejudice may be resubmitted upon the filing of
anew application fee,
(c) The Administrative Review meeting will be conducted to confirm
that the proposed application is Consistent with this Ordinance.
The [Zoning Administrator] musk issue a written decision granting
or denying the request within fifteen (1S) days of the tneeting
unless an extension of time is agreed to by the Applicant. Failure
to issue a written decision within (15) days shall constitute a denial
of the application. The applicant may appeal such a denial as
provided in this Ordinance or applicable State or Federal Law.
{d) Should the [Zoning Administrator] deny the application, the
[.Zoning Administrator] sltall provide written justification for the
denial. The denial must be based on substankial 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 Beard] in accoz'dance with this Ordinance.
V. Telecommunications Facilitfes and Support Struc#ures Permitted by Special Permit.
A. Any Telecommunications Faculty or Support Structures Not Meeting the
Requirements of Section IV Shall Be Permitted by Special Permit in all
Zoning Districts Subject to:
(1} The submission requirements of Section V ($) below; and
49
Comment [MS01`flce9]: It is important for a
jurisdiction to establish timeframes fpr review to
avoid violating the TetecommunicalionsAcl of
199b, which requires the juisdiction to act on an
application in a reasonable iimeframe
S.
(2) The applicable standards of Sections V1 and Vll below; and
(3) The requirements of the spacial permit general conditions at Code Section
. [lnsert crass reference to Municipality code section that establishes
general conditions applicable to Special Permits.]
Submission Requirements for Special Permit Applications
(1} All Special Permit applications for Telecommunications Facility and
Support Structures must contain the following:
(a) Special Permit application form signed by applicant.
(b) Copy of lease or letter of authorization from the property owner
evidencing applicant's authority to pursue zoning application.
{b} Written description and scaled drawings of the proposed Support
Structure, including structure height, ground and structure design,
and proposed materials.
{c} Number and type of proposed Antennas and their height above
ground level, including the proposed placement of Antennas on the
Support Structure.
(d) When locating within a residential area, a written technical and
operational analysis of why a Monopole or similar structure at a
height of less than one hundred (100) feet camrot be used.
(e) Line-of--sight diagram or photo simulation, showing the proposed
Support Structure set against the skyline and viewed from at least
four (4) directions within the surrounding areas.
(f} 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 unacceptable or
infeasible due to technical, physical, or financial reasons. If
an existing tower was listed among the alternatives,
applicant must specifically address why the modification of
such tower is not a viable option.
50
Comment [MSOfficel0]: This allows for
Special PermidCvnditional Pe~mil review of
proposed facili[ies that do not meet the "preferred"
standards ofSection IV.
Comment [M54fficell]; Photo simulations
provide the community with valuable visual data
showing the effect of the proposed nett' stmcture on
the visuallandscape,__ __ .^._ _._-_....
(g) A statement that the proposed Support Structure will be made
available for Collocation to other 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
each parcel entitled to notification of the application.
Q) Special Permit application fee.
(C) Procedure.
(1) Within ten (10) business days of the receipt of an Application for a Special
Permit, the [Zoning Administrator a' the Zoning Board's designee] shelf
meet with the applicant to confirm that the application is complete or to
inform the applicant in writing the specific reasons why the application is
incomplete. "Phis 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 (b0) business days after receipt of
written notice shall constitute a withdrawal without prejudice of the
application. An application withdrawn without prejudice may be
resubmifted upon the filing of a new application fee.
(3} Once an application is deemed complete, a review meeting shall be held
within ten (10} days.
{~4) At this review meeting, staff shall provide applicant, in writing, a list of
additional potential alternative structures, including readily-available
identifying information (e.g., address, tax snap identification, latitude and
longitude) or such other information as will allow the applicant to identify
the potential alternative structures, If, after invesrigation, the applicant
concludes that the potential alternative structures identified by municipal
staff are not acceptable or feasible, the applicant shall provide an
explanation for its decision using technical, physical, or financial
information at the hearing on the Special Permit.
(S) A complete application for a Special Permit shall be scheduled for a
hearing date at this review meeting i~l accordance with the requirements of
this Ordinance.
(b) Applications far new Support Structures with proposed
Telecommunications Facilities shall be considered as one application
requiring only a single application fee.
10
above. --- ----- - - - ---~ --
Comment (MSOfficeiz7: same es tvt~.)t2)
51
VI.
(7) The posting of the property and public notification of the application shall
be accomplished in the same manner required for any Special Permit
application under this Qrdinance.
General Standards and Design„Requirements.
(A) Design.
(1) Monopoles shall be subject to the following:
(a) Monopoles shall be designed to accommodate at least three (3)
telecommunications providers.
{b} The compound area surrounding the Monopole must be of
sufficient size to accommodate Accessory Equipment for at least
three (3) teleconnunications providers.
(c} Unless otherwise required by the Federal Communications
Commission, the Federal Aviation Administration, or [the
Municipality], Monopoles shall have a galvanized silver or gray
finish.
(2) Towers shall be subject to the follawing:
(a) Towers shall be designed to accommodate at least four (4)
telecommunications providers.
(b) A compound area surrounding the Tower must be of sufficient sizo
to accommodate Accessory Equipment for at least four {4)
telecommunications providers.
{c} Unless otherwise required by the Federal Communications
Commission, the Federal Aviation Administration, or [the
Municipality], Towers shall have a galvanized silver or gray finish.
(3) Stealth Telecommunications Facilities shall be designed to accommodate
the Collocation of other Antennas whenever economically and technically
feasible br aesthetically appropriate, as determined by the [Zoning Board]
or [Zoning Administrator].
(4) Upon request of the Applicant, the [Zoning Board or Zoning
Administrator] may waive the requirement that new Support Structures
accommodate the collocation of other service providers if it finds that
collocation at the site is not essential to the public interest, or that the
it
52
Comment [MSOffiCei3]: This provision will
limit the proliferation of new shuctures by providing
for future co~location opportunities.
Comment [MSOfficel4]: Same as VI(A){])(a)
above.
construction of a shorter support structure with fewer Antentras will
promote community cotnpatibility.
(B) Setbacks.
{1) Property Linos. Unless otherwise stated herein, Monopoles and Towers
shall be setback from all property lines a distance equal to their height
measured from the base of the structure to its highest point,. Dther 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 shall be setback from all off-site
residential dwellings a distance equal to the height of the structure. Those
shall be no setback requirement from dwellings located on the same parcel
as the proposed structure. Existing or Replacement utility poles shall not
be subject to a set back requirement.
(3) Unless otherwise stated herein, all Accessory Equipment shall be setback
from al! property lines in accordance with the minimum setback
requirements in the underlying zoning district. Accessory Equipment
associated with an existing or Replacement utility pole shall not be subject
to a set back requirement.
{~l) 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 h'acility or Support Structure will be less visible
as a result of the diminished setback. The tZonirrg Board or Zoning
Administrator] must also find that the reduction or waiver of the setback is
consistent with the purposes and intent of this Ordinance. The structure
must still meet rho underlying setback requirements of khe zone.
(C) I-Ieight
(1) In non-residential districts, Support Structures shall not exceed a height of
one hundred ninety-nine { 199) feet from the base of the structure to the top
of the highest point. Any proposed Support Structure 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
of one hundred ft8y (150) feet from the base of the structure to the top of
the ktighest point. Any proposed Support Structure shall be designed to be
the minimum height needed to meet the service objectives of the applicant.
(3) 1n all districts, the [Zoning Board] shall have the authority to reduce or
waive the height restrictions listed in this section upon the request of the
12
53
applicant and a satisfactory showing of need for a greater height, With its
waiver request the Applicant shall submit such technical informarion or
other justifications as are necessary to document the need for the
additional height to the satisfaction of the [Zoning Board].
(D) Aesthetics.
{1} Lighting and Marking. Telecommunications Facilities or Support
Structures shall not be lighted or marked unless required by the Federal
Communications Commission or the Federal Aviation Administration
(FAA),
{2} Signage, Signs ]ocated at the Telecommunications Facility shall be
]united to ownership and contact information, FCC antenna registration
number (if required) and any other infotmation as required by government
regulation. Commercial advertising is strickly prohibited.
{3) .Landscaping. in all districts, the [Zoning Board or Zoning Administrator]
shall have the authority to impose reasonable landscaping requirenents
surrounding the Accessory Equipment. Required landscaping shall be
consistent with surrounding vegetation and shall be maintained by the
facility owner. The [Zoning Board or Zoning Administrator] may choose
to not require landscaping for sites that are not visible from the public
right-of--way or adjacent property or in instances where in the judgment of
the [Zoning Board or Zoning Adtninish'ator], landscaping is not
appropriate or necessary.
(E) Accessory Equipment, including any buildings, cabinets or shelters, shall be used
only to house equipment and other supplies in support of the operation of the
Telecotmnunication Facility or Suppott Structure. Any equipment not used in
direct support of such operation shall not be sta•ed an the site.
(1) An equipment building, shelter or cabinet must not exceed five hundred
sixty (560} square feet and twelve (12) feet in height, including the
support structure for the equipnent building.
(i) Exception to size restriction. A single equipment bolding or
shelter may exceed five hundred sixty (560) square feet, if it: is
loco#ed at ground level; is used by more than one
telecommunication provider; and does not exceed one thousand
five hundred (1500) square feet.
(ii) Exception to height 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 lied that
there is a practical necessity for the stacking of the equipment and
13
54
that any resulting impact on adjoining properties is minimal or may
be minimized by the requiring of appropriate screening. [The
Zoning Board or Zoning Administrator] may also waive the height
restriction whore a higher support structure is needed to raise the
Equipment above a slope or flood plains.
(2) If the Accossory 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 other suitable material on all sides and that
the compound area be surroundod 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, 1n the
situation of stacked equipment buildings, additional screening landscaping
measures may be required by the [Zoning Board or Zoning
Administrate'].
VII. Miscellaneous Provisions.
(A) Safety,
(1) Ground mounted Accessory Equipment and Support Structures shall be
secured and enclosed with fence not less than six (6) feet in height as
doomed appropriate by the [Zoning Board] or [Zoning Administrator].
(2) The [Zoning Board or Zoning Administrator] may waive the requirement
of Subsection (1}above if it is deemed that a fence is not appropriate or
needed at the proposed location.,
(B} Abandonment and Removal.
{1} Abandonment. Any Telecommunications Facility or Support Structure
that is not operated for a period oftwelve {12) consecutive months shall be
considered abandoned.
(2) Removal, The owner of the Telecommunications Facility or Support
Structure shall remove the Facility within six (6) months of its
abandonment. The [Municipal Authority] shall ensure and enforce
removal by means of its existing regulatory authority.
{C) Multiple 1Jses on a Single Parcel or Lot: Telecommunications Facilities and
Support Structures may be located on a parcel containing another principal use on
the same site.
VIQ. Telecommunications Facilities and Su ort Structures in Existence on the Date of
Adopfion of this Ordinance.
14
55
(A) Telecommunications Facilities and Support Structures that were legally permitted
on or before the date this Ordinance was enacted shall be considered a permitted
and lawful use,
(B) Non-Conforming Telecommunications Facility.
{1} Non-confo-zrting Antennas or Accessory Equipment: Ordinary
Maintenance may be performed on Non-conforming Antennas and
Accossory Equipment.
(2) Minot' Modifications to non-confot7ning Telecommunications Facilities
maybe permitted upon the granting of Administrative Approval by the
[Zoning Administrator].
(3) Major Modifications to non-conforming Telecommunications Facilities
may be permitted only upon tho granting of Special Permit approval by the
[Zoning Board].
(C) Nan-Conforming Support Structures.
{1} Non-conforming Support Structure: Ordinary Maintenance may be
petformed on aNon-conforming 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'I'elecommunications Facilities. Such Minor
Modifications shall be permitted by Administrative Approval gfatlted by
the [Zoning Administrator].
(3) Major Modifications may be trade to ran-conforming Support Structures only
upon the granting of Special Permit approval by the [Zoning ]3oard].
15
Comment [MSOfflce7.5]: This provides far the
continued operation-of existing facilities, which is
necessary for maintenance of today's wireless
networks, and which will serve as platrorms for
future network improvements.
56
For Further Questions Please Contact:
Jackie McCaz~thy
Director of Govexx~ment Affairs
PCIA/The Wireless Lifi•astructure Association
The DAS Forum
500 Montgomery Street, Suite 700
Alexandria, VA 22314
{703)739-0300
inccartli.yj cupcia.com
16
57
`~~~, _ CITY OF KENAI
_ PLANNING AND ZONING COMMISSION
~~-~" ~ ~ RESOLUTION NO. PZ09-19
Eheca~af
KENl111V S~1
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT THE FOLLOWING
SECTIONS OF KENAI MUNICIPAL CODE BE AMENDED: 1) KMC ].4.25.040(b) BY
REQUIRING ASIX-FOOT HIGH WOODEN FENCE OR MASONRY WALL BE
CONSTRUCTED TO SHIELD BETWEEN RESIDENTIAL AND COMMERCIAL USES; 2}
KMC 14.25.045 BY PROVIDING THAT PROPERTY ADJACENT TO RESIDENTIAL
ZONES SHOULD PROVIDE INGRESS AND EGRESS TO ROUTE TRAFFIC AWAY FROM
RESIDENTIAL STREETS AND PROVIDING THAT SOME DEVELOPMENTS MAY BE
REQUIRED TO PROVIDE FRONTAL ROADS; AND 3) KMC 14.25.070 BY PROVIDING A
MECHANISM TO APPLY FOR VARIANCES.
WHEREAS, the City of Kenai has adapted landscape/site plan regulations in KMC
14.25; and,
WHEREAS, in order to provide a better buffer between residential and commercial
development within the City of Kenai a six foot high wooden fence or masonry wall
should be required as a shield between. residential and commercial areas; and,
WHEREAS, commercial development adjacent to residential zone should be designed to
provide that traffic is routed away from residential streets; and,
WHEREAS, some commercial development should be required to provide frontage
roads in order to provide for safer and more efficient traffic flow; and,
WHEREAS, KMC 14.25 should provide a mechanism for a developer to apply for a
variance from the landscape/site regulations.
NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI,
ALASKA, amend Kenai Code of Ordinances as shown in Exhibit "A."
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 22nd day of Apri12009.
CHAIRMAN
ATTEST:
New text underlined [DELETED TEXT BRACKETED AND ALL CAPS]
59
Section I
14.25.040 Landscaping plan-Performance criteria.
(a) Objectives for Landscaping Plan. An effective landscaping plan should utilize a variety
of techniques for achieving the intent of this section. The appropriate placement or retention of
vegetation in sufficient amount will provide the best results. Perimeter, interior, street right-of-
way, and parking lot landscaping must be included as components of the overall landscaping
plan.
(b) Perimeter/Buffer Landscaping. Perimeter/6uffer landscaping involves the land areas
adjacent to the lot lines within the property boundary. This buffer landscaping serves to separate
and minimize the impact between adjacent uses. Buffer landscaping maybe desirable along the
perimeter of the property to shield vehicular or building lights from adjacent structures and to
provide a visual separation between pedestrians and vehicles and commercial and residential
uses. Landscaping adjacent to residential zones shall have landscaping beds/6uffers that meet all
of the following minimum standards:
Landscaping Beds. Minimum often feet (10') in width along all property lines, which
adjoin residential zones, exclusive of driveways and other ingress and egress openings.
[A SIX~FOOT (b') HIGH WOOD FENCE OR MASONRY WALL MAY BE USED 1N
PLACE OF FIVE FEET (5'} OF THE REQUIRED BED WIDTH.]
2. Screening. A six-foot (6'~gh wood fence or masonry wall must.he constructed to
shield between residential and commercial uses. Where a fence or wall has been
constructed under this subsection, the landscapin bg ed required under subsection (b)(1)
above may be natural vegetation,
~2.] Ground Cover. One hundred percent (100%) within three (3} years of planting and
continuous maintenance so there will be no exposed soil. Flower beds may be considered
ground cover.
4.[3.] Trees andlor shrubs appropriate for the climate shall be included in the landscaping beds.
(c) Interior landscaping involves those areas of the property exclusive of the perimeter and
parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall
development. Screening or visual enhancement landscaping is recommended to accent or
complement buildings, to identify and highlight entrances to the site, and to provide for attractive
driveways and streets within the site. Landscaping may include landscaping beds, trees, and
shrubs.
(d) Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or
within all parking lots and associated access drives, Parking lot landscaping serves to provide
visual relief between vehicle parking areas and the remainder of the development. It also is
desirable for the purpose of improving vehicular and pedestrian circulation patterns.
PZ09-19
Attachment "A"
Page t of 3
60
(e) Street right-of way landscaping softens the impact of land uses along street rights-of-
way, but does not obscure land uses from sight. Landscaping beds must meet all of the following
minimum standards; except where properties are adjacent to State of Alaska rights-of--way, the
Administrative Officer may approve alternatives, which meet the intent of this section but protect
landscaping from winter maintenance damage.
1. Landscaping Beds. Minimum of ten feet (10') in width along the entire length of the
property lines which adjoin street rights-af--way, exclusive of driveways and other ingress
and egress openings;
2. Ground Cover. One hundred percent (100%) ground cover of the landscaping bed within
three (3) years of planting and continuous maintenance so there will be no exposed soil;
3. Trees and/or shrubs appropriate far the climate shall be included in the Landscaping beds.
(fj Review. The Administrative Official may consider plans for amendments if problems
arise in carrying out the landscaping/site plan as originally approved.
Section II
14.25.045 Site plan-Performance criteria.
(a) Objectives. An effective site plan should utilize a variety of techniques for achieving the
intent of this chapter. The appropriate placement or retention and improvements of buildings,
parking lots, etc. should be considered on the site plan.
(b) Buildings. A commercial or industrial use housed in the building is to be compatible with
the surrounding properties, land use plan, and not be hazardous to the health, safety and welfare
of citizens.
(c) Special Permits. The site plan shall list any special permits or approvals which maybe
required for completion of the project.
(d} Parking Lots. Parking lots referenced on the site plan shall comply with KMC 14.20.250.
Paving is required for "commercial development" including a multifamily development
requiring a building permit valued at one hundred thousand dollars {$100,000.00) or
more for new construction, or any improvements which adds square footage valued at
one hundred thousand dollars {$100,000.00) or more, and the property is located between
Evergreen Drive and McCollum Drive/Tinker Lane as shown in the map marked
Appendix 1 to this chapter.
2. Exception to this requirement:
Pzo9-i9
Attachment "A"
Page 2 of 3
61
(i) Properties zoned Heavy Industrial are exempt from the paving requirement.
{e} Snow Storage/Removal and Drainage. Snow storage/removal and drainage as referenced
on the site plan shall be compatible with the surrounding area.
{f) Dumpsters. Dumpsters must be screened with asight-obscuring structure made of wood
or concrete. The Administrative Official may approve other construction materials.
~ Access. Pro ernes ad'acent to residential zones should rovide in ess and a ress to
ensure commercial traffic is routed away fram residential streets. Access should be from an
arterial street. Develo ments ma be re wired to develo fronta a roads and are encoura ed to
consolidate existing access points.
Section III
14.25.070 Modifications -Variances.
~ Whenever there are practical difficulties in carrying out the provisions of this chapter, the
Administrative Official may grant minor modifications for individual cases, provided the
Administrative Official finds that a special individual reason makes the strict letter of this
chapter impractical and that the modification is in conformity with the intent and purposes of this
chapter
fib,} An applicant ma~,pply for a'yariance from the requirements of this chapter using the
process and standards set out in KMC 14.20.1$0.
Pz09-19
Attachment "A"
Page 3 of 3
62
-~,~•. ~ CITY OF KENAI
PLANNING AND ZONING COMMISSION
s-~~ ~`~`~" RESOLUTION NO. PZ09-19
f{re ~~~ v f
NEHAIV Slip
Substitute
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT THE FOLLOWING
SECTIONS OF KENAI MUNICIPAL CODE BE AMENDED: 1} KMC 14.25.040(b) BY
REQUIRING SCREENING BE'T`WEEN RESIDENTIAL AND COMMERCIAL USES; 2) KMC
14.25.045 BY PROVIDING THAT PROPERTY ADJACENT TO RESIDENTIAL ZONES
SHOULD PROVIDE INGRESS AND EGRESS TO ROUTE TRAFFIC AWAY FROM
RESIDENTIAL STREETS AND PROVIDING THAT SOME DEVELOPMENTS MAY BE
REQUIRED TO PROVIDE FRONTAL ROADS; AND 3) KMC 14.25.070 BY PROVIDING A
MECHANISM TO APPLY FOR VARIANCES.
WHEREAS, the City of Kenai has adopted landscape/site plan regulations in KMC
14.25; and,
WHEREAS, in order to provide a better buffer between residential and commercial
development .within the City of Kenai, screening should be required as a shield between
residential and commercial areas; and,
WHEREAS, commercial development adjacent to residential zone should be designed to
provide that traffic is routed away from residential streets; and,
WHEREAS, same commercial development should be required to provide frontage
roads in order to provide for safer and more efficient traffic flow; and,
WHEREAS, KMC 14.25 should provide a mechanism for a developer to apply for a
variance from the landscape/site regulations.
NOW, THEREFORE, IT I5 RECOMMENDED THE COUNCIL OF THE CITY OF KENAI,
ALASKA, amend Kenai Code of Ordinances as shown in Exhibit "A,"
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this day of 2009.
ATTEST:
CHAIRMAN
New text underlined [DELETED TEXT BRACKETED AND ALL CAPS]
63
Section T
14.25.04D Landscaping plan-Performance criteria.
Intent. Landscaping required under this section_is int_e_nded to_enhance the_community
environment and visual character and to provide attractive and functional. separation to rta oxide
visual and sound screening barriers between uses.
(a) Objectives for Landscaping Plan, An effective landscaping plan should utilize a variety
of techniques for achieving the intent of this section, The appropriate placement or retention of
vegetation in sufficient amount will provide the best results. Perimeter, interior, street right-of-
way, and parking lot landscaping must be included as components of the overall landscaping
plan.
(b) Perimeter/Buffer Landscaping. Perimeter/bufferlandstaping involves the land areas
adjacent to the lot lines within the property boundary. This buffer landscaping serves to separate
and minimize the impact between adjacent uses. Buffer landscaping may be desirable along the
perimeter of the property to shield vehicular or building lights from adjacent structures and to
provide a visual separation between pedestrians and vehicles and commercial and residential
uses. Landscaping adjacent to residential zones shall have landscaping beds/buffers that meet all
of the following minimum standards:
1. Landscaping Beds. Minimum [OF TEN FEET (l0`)] in width equal to the setback along
all property lines, which adjoin residential zones, exclusive of driveways and other
ingress and egress openings. [A SIX-FOOT {6') HIGH WOOD FENCE OR MASONRY
WALL MAY BE USED IN PLACE OF FIVE FEET (5') OF THE REQUIRED BED
WIDTH.]
2. Screening. Develo,~ers are encouraged to maintain natural screening when existing
screening meets the intentof this chapter to shield between residential and commercial
uses. When natural screening does not exist ar is lost due to weather ar disease, the
following requirements must be used to meet the intent_of this chapter:
a. Combination of shrubbery and trees.
b. Fencing
a. A six-foot {6'~gh wood fence or masonry wall fence shall be
required only to meet screening of the developed portion of the
property. Sectians of the fence must be no longer than twenty-five-
feet 25'). Sections must be off-set a minimum of four-feet {4', so as
not to impede the movement of wildlife.
~2.] Ground Cover. One hundred percent (100%} within three (3) years of planting and
continuous maintenance so there will be no exposed soil. Flower beds may be considered
ground cover.
PZ~9-l9 Substitute
Attachment "A"
Page 1 of 3
64
{c) Special Permits. The site plan shall list any special permits or approvals which maybe
required for completion of the project.
{d} Parking Lots. Parking lots referenced on the site plan shall comply with KMC 14.20.250.
Paving is required for "commercial development" including a multifamily development
requiring a building permit valued at one hundred thousand dollars {$100,000.00) or
more for new construction, or any improvements which adds square footage valued at
one hundred thousand dollars ($100,000.00) or more, and the property is located between
Evergreen Drive and McCollum Drive/Tinker Lane as shown in the map marked
Appendix 1 to this chapter.
2. Exception to this requirement:
{i) Properties zoned Heavy Industrial are exempt from the paving requirement.
{e} Snow Storage/Removal and Drainage. Snow storage/removal and drainage as referenced
on the site plan shall be compatible with the surrounding area.
(~ Dumpsters. Dumpsters must be screened with alight-obscuring structure made of wood
or concrete. The Administrative Official may approve other construction materials.
~ Access. Properties adjacent to residential zones should provide ingress and a rem
ensure commercial traffic is routed away from residential streets. Access should be from an
arterial street. Develo ments ma be re aired to develo fronta a roads and are encoura ed to
consolidate existing access points.
Section III
14.25.070 Modifications -Variances.
~a,~ Whenever there are practical difficulties in carrying out the provisions ofthis chapter, the
Administrative Official may grant minor modifications for individual cases, provided the
Administrative Official finds that a special individual reason makes the strict letter of this
chapter impractical and that the modification is in conformity with the intent and purposes ofthis
chapter.
b~ If the Administrative Off cial refuses to grant modifications to the provisions ofthis
chapter, an applicant ma~pply for a variance from the requirements ofthis chapter using the
pxocess and standards set out in KMC 14.20.180,
PZ49-19 substitute
Attachment "A"
Page 3 of 3
65
413.] Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds.
(c) lnterior landscaping involves those areas of the property exclusive of the perimeter and
parking Iot areas. lnterior landscaping is desirable to separate uses or activities within the overall
development. Screening or visual enhancement landscaping is recommended to accent or
complement buildings, to identify and highlight entrances to the site, and to provide for attractive
driveways and streets within the site. Landscaping may include landscaping beds, trees, and
shrubs.
(d) Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or
within all parking lots and associated access drives. Parking lot landscaping serves to provide
visual relief between vehicle parking areas and the remainder of the development. It also is
desirable for the purpose of improving vehicular and pedestrian circulation patterns.
(e) Street right-of way landscaping softens the impact of land uses along street rights-of-
way, but does not obscure land uses from sight. Landscaping beds must meet all of the following
minimum standards; except where properties are adjacent to State of Alaskarights-of--way, the
Administrative Officer may approve alternatives, which meet the intent of this section but protect
landscaping from winter maintenance damage.
Landscaping Beds. Minimum often feet (10') in width along the entire length of the
property lines which adjoin street rights-of--way, exclusive of driveways and other ingress
and egress openings;
2. Ground Cover. One hundred percent (100%) ground cover of the landscaping bed within
three (3) years of planting and continuous maintenance so there will be no exposed soil;
3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds.
(f) Review. The Administrative Official may consider plans for amendments if problems
arise in carrying out the landscaping/site plan as originally approved.
Section II
14.25.045 Site plan-Performance criteria.
(a) Objectives. An effective site plan should utilize a variety of techniques for achieving the
intent of this chapter. The appropriate placement or retention and improvements of buildings,
parking Lots, etc. should be considered on the site plan.
(b) Buildings. A commercial or industrial use housed in the building is to be compatible with
the surrounding properties, land use plan, and not be hazardous to the health, safety and welfare
of citizens.
PZO9-19 Substitute
Attachment ' `A"
Page 2 of 3
66
i ,~~
- ~_~ -
't{re city of
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZQ9-34
Suggested by Council
` 5c.
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT THE LAND USE TABLE
IN KMC 14.22.010 BE AMENDED TO: 1) CHANGE THE USES OF SOME PERSONAL
SERVICES, RESTAURANTS, DORMITORIES/BOARDING HOUSES AND
GREENHOUSES/TREE NURSERIES FROM PRINCIPAL PERMITTED USES (P) TO
CONDITIONAL USES (C} IN THE LIMITED COMMERCIAL ZONE (LC}; 2} CHANGE
MOBILE HOME PARKS FROM CONDITIONAL USE (C) TO NOT PERMITTED (N) IN THE
LIMITED COMMERCIAL ZONE (LC); 3) ADD LANGUAGE TO FOOTNOTE 25 TO
CLARIFY THAT TATTOO PARLORS ARE PERSONAL SERVICES; AND; 4) REQUIRE
TATTOO PARLORS, MASSAGE THERAPISTS, DRY CLEANERS AND SELF-SERVICE
LAUNDRIES TO HAVE A CONDITIONAL USE PERMIT IN THE LIMITED COMMERCIAL
ZONE (LC}.
WHEREAS, currently the Land Use Table in KMC 14.22.010 allows personal services,
restaurants, dormitories/boarding houses and greenhouses/tree nurseries in the
Limited Coxnzxzercial {LC) Zone as a Principal Permitted Use {P); and,
WHEREAS, requiring a conditional use permit far such uses ixa the LC Zone would
allow for greater public input regarding those uses in the LC Zone; and,
WHEREAS, it is in the best interest of the City of Kenai to require a conditional use
permit for such uses in the LC Zone; and,
WHEREAS, mobile Names should be reclassified from conditional use (C) to not allowed
(N) in the Limited Commercial {LC) Zone; and,
WHEREAS, tattoo parlors, massage therapists, dry cleaners and self-service laundries
are considered personal services and as such,are a principal permitted use in the LC
Zone; and,
WHEREAS, it is in the best interest of the City of Kenai to require tattoo parlors,
massage therapists, dry cleaners and self-service laundries to get conditional use
permits in the LC Zone.
NOW, THEREFORE, IT IS RECOMMENDED TO THE COUNCIL OF THE CITY OF
KENAI, ALASKA, amend the City of Kenai Code of Ordinances as shown on Attachment
~~A „
New text underlined [DELETED TEXT BRACKETED AND ALL CAP5]
67
PZ09-34
Page 2
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 24th day of JUNE 2009.
ATTEST:
CHAIRMAN
68
Resolution No. PZ09-34
14.22.0].0 Land ~>ISe table.
LAND USE TABLE
KEY: P =Principal Pernitked Use
C =Conditional Use
S =Secondary Use
N =Not Permitted
Page 1 of 4
NOTE: Reference footnotes on following pages for
additional restrictions
ZONING DISTRICTS
RESIDENTIAL
LAND USES C RR RRI RS RSl RS2 RU CC CG IL IH ED R TSH LC CMU
One Family Dwelling C'g P P P P P P PZ' S' SZ SZ C22 P P P S'/Cz1
Two/Three Family Dwelling C'B F P F P P P PZk S' C C CZZ P P P S'/CZ'
Four Family Dwelling C18 P C3 P N N P PZ' S' C C C22 N P C S'/GZ'
FivelSix Family Dwelling Cte Cs N P N N P PZ' S' C C N N F C S'/Ca'
Seven or More Family
Dwelling C18 C1 N C' N N P PZ' S' C C N N P C 5'/Cz'
Townhouses4 C'e C C C C C C C C C C C22 C C C C
Mobile Home Parks6 N C C C C C C C C C C N C N 1C]
N C
Planned Uwt Residential
Development? C's C C C C C C C C C C N C C C C
COMMERCIAL
LAND USES C RR RR1 RS [251 RS2 RU CC CG IL IH ED R TSH LC CMU
Automotive Sales N C C N N N C P P P P N N N N P
Automotive Service Stations N C C N N N C P P P P N C N N P
Hanks N C C C N N C P P P C N C C C F
HusinesslConsuxmer
Services N C C C N N C P P P C N C C C P
Guide Service N C C C N N C P P P P N P P C P
Hotels/Motels N C C C N N C P P P C N C P C P
Lodge N C C C N N C P P P C N P P C P
Professional Offices N C C C N N P P P P P N C P P P
Restaurants N C C C N N C P F P C N C C jPi
C P
Retail Business N26 C C C N N C P P P P S24 S~4 C C P
Wholesale Business N C C C N N C C F P P N S24 C C N
Theaters/Conunei~cial
Recreation N C C G N N C P F C G N P C C P
69
Resolution No. PZ09-34
Page 2 of 4
LAND USE TABLE
KEY: P =Principal Pennittcd Use
C =Conditional Use
S ~ Secondary Use
N =Not Permitted
NOTE: Reference footnotes on foklowing pages for
additional restrictions
ZONING DISTRICTS
INDUSTRIAL
LAND USES C RR RRl RS R51 RS2 RU CC CG IL IH ED R TSH LC CMU
Airports and Related Uses P~0 C C C N N C P P P P N C N N C
Automotive Repair N C C C N N C P P P P N N N N P
Gas Manufacturer/Storage N N C C N N N N N C9 G9 N N N N N
Manufacturing/Fabrica#ing/
Assembly N C C C N N C C P P P N C C N C
Mini-Sfoiu$e Facility N C C C N N C G P P P N N N C C
Storage Yard N C C C N N C C P P P N N N N C
Warehouses N C C C N N C N P P P N C N N N
rusLlc~
INSTITUTIONAL
LAND USES C RR RRl RS RSl R52 RU CC CG IL 1H ED R TSH LC CMU.
Cltaritabke Institutions C C C C C C P P P P P P C P C P
Churches* C P10 P'0 P'0 P'0 P10 P'0 P1U P'0 C C P P10 P P P
Clinics C C C C C C C P P P C C C C P P
Colleges* C C C C C C C P P C C P C C C P
Elementary Schools* C C C C C G C P P C C P C G C P
Govetnrnentat Buildings C C C C C C C P P P G P C C P P
High Schools* C C C C C C C P P C C P C G C P
Hospi#als* C C C C C C C P P P C C C C C P
Libraries* C C C C C C C'2 P P P C P C P G P
Museums C C G C C C C P P P C P C P C P
Parks and Rccrcation P C C G C C C P P P P P P P C P
Assisted Living C C C C C C C C C C C G C C C C
MISCELLANEOUS
LAND USES C RR RR1 R5 RS1 R52 RU CC CG IL IH ED R TSH LC CMU
Animal Boarding'3 C G C C C N N C C C C N C N C C
Bed and Breakfasts C C C G C C C C C C G N C C C P
Cabin Rentals C C C G N N N P P P C N P P C P
Cemeteries C C C C N N N N C C C N G C N N
CrematorieslFunetnl Homes N C N C N N C C C C C N C C C C
Day Care Centezs12 C C C C C C C P P P C C C C P P
1]onnitories/Boarding
Houses G C C C C C P P21 S C P Pz3 C C [P]
C P
Essential Services P P P P P P P P P P P P P P P P
Fanning/General
Agriculture*** P P N N N N N N N N P N P N N N
GreerilrouseslTree
Nurseries'] C C C C C C C P P P C N C C [P]
C P
70
Resolution No. PZ09-34
KEX: P =Principal Permitted Use
C T Conditional Use
S =Secondary Use
N =Not Permitted
Page 3 of 4
14.22.010 . LAND IISE TABLE
NOTE: Reference footnotes on following pages for
additional restrictions
ZONING DISTRICTS
MISCELLANEOUS
LAND U5ES C RR RR1 RS R51 RS2 RU CC CG IL IH ED R TSH 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 C C C C p's Pis Pis pis pis C P N P's
Circuses, Fairs, Eta)
FratemalOrganizations/ N G C C C C C P P P C N C P C P
Private CluhslSociai Halls
and Union Halls
Nursing, Convalescent or N C C C C C C P P C C C C C G P
Rest Homes
Parking, Off Street P P P P P P P P P P P P P P P P
Parking, Public Lots~2 C C C C C C C C C C C C C C C C
Personal Services2S C C C C C C C P P P P C C P25 [P] P
PICn
Radio/TV TransmitterslCell P P C C C C C P P P P P C C G P
Sites**
Recreational Vehicle Parks C C C C N N C C C C C N C G N C
Subsurface Extraction of C C C C C G C C C C C N G N N N
Nahrral Resaurces~b
Surface Extraction of C C C C N N C N C C C N C N N N
Natural Resources"
* See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 20DD}
** See 42 Telecommunications Act of 1996, Sec. 704(a)
*** See, however, the limitations imposed under 1CMC 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,
Conunercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include any secondary uses
in the landscaping and site plans.
2. One (1) single-family residence per parcel, which is pat•t 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 AS zone;
b. The site square footage in area must be approved by the Commission;
c. Yards around the site, off-street parking, and other developmenk requirements shall be the same as for principal uses in the RR
zone;
d. Water and sewer facilities shall meet the requirements of all applicable health regulations;
e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with
the character of the surrounding neighborhood, and will not adversely affect surrounding property values;
f. 'The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and
recreational and community activities;
g. `There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated
population;
h, The development shall not produce a volume of traffic in excess of the capacity 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.
71
Resolution No. PZ09-34
Page 4 of 4
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
1 b.
17.
18.
19.
20.
21.
22.
23.
24,
25.
26.
27,
Limited Commercial Zone
Personal Services Permitted P Conditional Use C
Art Studios X
Barbers X
Beauticians X
Dressmakers X
D Cleaners X
Self Service Laundries X
Fitness Centers X
Massa a Thera 1st X
Photo ra hie Studios X
Tailors X
Tannin Salons X
Tattoo Parlors X
Allowed as a conditional use, subject to "Mobile Haines" section and provided that any mobile home park meets, the mirtitnum
Federal Housing Authority requirements.
See "Planned Unit Residential Development" section,
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.
Albwed as a conditional use, provided that all applicable safety and fire regulations are met,
Provided that no part of any building is located nearer than thirty {30) feet to any adjoining street or property line,
Allowed as a conditional use, provided that no part of any building is ]ocaked nearer than thirty {30) feet to any adjoining street or
property line and provided further chat the proposed location and characteristics of the use will not adversely affect the commercial
development of the zone.
Allowed as a conditional use, provided that the following conditions are met:
a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public;
b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets,
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 fulfil] this requirement.
Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary.
Allowed, provided that the following conditions are met:
a. An uncleared buffer strip of at least thirty {30) feet shall be provided between said use and any adjoining property in a
residential zone.
b. Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets,
See "Conditional Uses" section.
See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
Conditional Use allowed only on privately held property. Not allowed on government ]ands.
Deleted by Ordinance 2144-2006.
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.
Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones.
Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers ar students for a
school in the zone.
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,
Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another
business},
Art studios, barbers, beauticians, tattoo uarlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic
studios, tailors, tanning salons and massage therapists.
Food services ace allowed on a temporary or seasonal basis of not more than four (4) mondrs per year.
Personal Services not set forth in the above matrix are conditional uses,
72
~•. CITY OF KENAI
__ _~1~~ PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ09~35
Eire clya f
NfNAi~ SNA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING THAT KMC 14.20.050 BE AMENDED BY ADDING
A PROVISION TO ALLOW LEGALLY NON-CONFORMING USES TO EXPAND.
WHEREAS, the City of Kenai has adopted the Kenai Zoning Code which is contained in
KMC 14,20; and,
WHEREAS, KMC 14.20.050 contains the rules regarding nonconforming lots,
structures and uses; and,
WHEREAS, KMC 14.20.050 does not allow far the expansion of nonconforming uses;
and,
WHEREAS, failure to allow expansion of nonconforming uses can be a hardship on
businesses and property owners where the underlying zoning is changed; and,
WHEREAS, there are situations where expansion of a nonconforming use is not
harmful to the surrounding property; and,
WHEREAS, the Kenai Zoning Code should contain a process to allow a property owner
to apply for a condition use permit to provide for expansion of a nonconforming use
upon such terms and conditions as the Planning and Zoning Commission deems
appropriate.
NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI,
ALASKA, amend Kenai Code of Ordinances by:
14.15.030 Non-conforming lots, structures, and uses.
(h) Exception.[s~, to this Section,[-]
1. Outside Storage of Junk. Notwithstanding the provisions of this section,
no junked vehicle or junk shall be stored outside and no unenclosed junk or wrecking
yard shall be maintained in a location which is visible from a city or state road in any
zone. However, the Cornrnission may grant a conditional use permit under the
procedure specified ixi this chapter allowing said use to continue fox a specified period
of time if:
New text underlined [DELETED TEXT BRACKETED AND ALL CAPS]
73
PZ09-35
Fage 2
[(1)]~ An eight (8') foot high sight-obscuring fence of good appearance has been
provided around said use.
2. The Planning and Zoning Commission rna~grant a Conditional Use
Permit allowing' anon-conforming: use to expand, enlarge, or increase in intensity
provided that:
~, The use may not expand beyond the site, lot, or parcel as defined by the
legal description on the Certificate of Occupancy fir a. Nonconforming User or owned or
leased by the nonconforming use as of the date it became nonconforming in the event
there is no Certificate of Occupanc;~
ii Uses which are nonconforming due to the number of residential units
may not add additional units.
iii The proposed modification will not result iri further infringement of the ,
provisions of this ordinance; modifications shall comply with all regulations (other than
use restrictions) including but not limited to lot coverage, yard~ height open space,
density provisions, or,parking requirements unless waived by the Commission through
a variance as provided in this chapter.-
. iv The nonconforming use must have been a permitted use in the prior zone
at the time it became a nonconforming use.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 24th day of June 209.
CHAIRMAN
ATTEST:
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~~
ACTION AGENDA
KENAI CITY COUNCIL -- REGULAR MEETING
JUNE 17, 2009
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http:./ /www, ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. 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. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1, Brenda Cram -- Chugiak Baptist Organization/North/South Beach
Volunteer Outreach Services.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
AMENDED AND PASSED UNANIMOUSLY. Ordinance No. 2415-2009 --
Amending the Regulation of Smoking in KMC 12.40 by Including
Definitions for "Businesses" and "Health Care Facilities," by Permitting
Businesses to Post and Maintain Their Premises as Non-Smoking
Establishments; Prohibiting Smoking in Health Care Facilities and
Requiring Health Care Facilities to Have aSmoke-Free Buffer in
Entryways; and, Prohibiting Smoking at Posted Outdoor Events and
Prohibiting Smoking Within a Reasonable Distance From Outside Areas
Where Smoking is Prohibited.
2. PASSED UNANIMOUSLY. Ordinance No. 241fi-2009 -- Amending KMC
14.15 (Numbering Buildings) by Deleting KMC 14.15.030(b) and
Amending KMC 14.15.070.
3. PASSED UNANIMOUSLY. Ordinance No. 2417-2009 -- Authorizing a
Budget Transfer of X25,000 Within the General Fund and Increasing
Estimated Revenues and Appropriations by X25,000 to Provide for
Additional Funding for the Kenai Dock Improvements Project.
4. PASSED UNANIMOUSLY. Resolution No. 2009-25 -- Placing on the
City of Kenai October 6, 2009 General Election Ballot the Referendum
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Vote to Determine Whether or Not to Repeal Ordinance No. 2393-2009
that Amended the Official Kenai Zoning Map.
5. PASSED UNANIMOUSLY. Resolution No. 2009-26 -- Approving a
Contract to G 8s H Construction for the Project Entitled Kenai Boat
Launch Ramp Plank Replacement -- 2009 for the Total Amount of
X62,800.00.
6. PASSED UNANIMOUSLY. Resolution Na. 2009-27 -- Authorizing a
Budget Transfer Within. the General Fund, Legislative and Legal
Departments to Cover Costs for External Legal Services Associated with
the Referendum Petition Related to City of Kenai Ordinance No. 2309-
2009.
7. PASSED UNANIMOUSLY. Resolution No. 2009-28-- Authorizing a
Budget Transfer Within the General Fund, Non-Departmental and
Manager Departments to Cover Costs in Excess of Budget Amounts.
8. PASSED UNAMMOUSLY. Resolution No. 2009-29 -- Authorizing a
Budget Transfer Within the General Fund, Recreation and Parks
Departments to Cover Costs in Excess of Budget Amounts.
9. PASSED UNANIMOUSLY. Resolution No. 2009-30 -- Authorizing the
City Manager to Submit a Grant Application on Behalf of the City of
1{enai for Energy Efficiency and Conservation Block Grants.
10. PASSED UNANIMOUSLY. Resolution No. 2009-31 -- Authorizing a
Budget Transfer Within the Water & Sewer F~.tnd, Wastewater Treatment
Plant Department for the Replacement of the Facility's Disinfection
Control System.
ITEM E: MINUTES
APPROVED. *Regular Meeting of June 3, 2009.
ITEM F:
ITEM G: NEW BUSINESS
l . APPROVED. Ratification of Bills
2. APPROVED. Approval of Purchase Orders Exceeding ~ 15,000
3. INTRODUCED/APPROVAL OF CONSENT AGENDA. Ordinance No.
2418-2009 -- Amending the Official Kenai Zoning Map by Rezoning a
Portion of Lat 1 E Killen Estates Collier Replat from Suburban Residential
to Rural Residential,
4. APPROVED -- PROCEED/DEED OF RESTRICTION. Discussion -- Status
of Proposed Sprucewood Glen No.2 Subdivision.
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5, REMOVED. Discussion -- Salmon Task Force Findings/Proposed
Natural Resources Commission.
ITEM H: COMMISSION/COMMITTEE REPORTS
1, Council on Aging
2. Airport Commission
3, Harbor Commission
4. Library Commission
S. Parks & Recreation Commission
6. Planning & Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Mini-Grant Steering Committee
d. Advisory Cemetery Committee
e. Kenai Convention 8v Visitors Bureau
f. Reports of KPB Assembly, Legislators and Councils
ITEM I: REPORT OF THE MAYOR
ITEM J: ADMINISTRATION REPORTS
1, City Manager
2. Attorney
3. City Clerk
ITEM K: DISCUSSION
1. Citizens (five minutes)
2. Council
ITEM L: PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning
Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to
Limited Commercial (LC).
Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's
Salary From X900 to X1,000 Per Month and Council Members' Salaries From X400 to
X500 Per Month, (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first
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 KMG 1.15.040 and KMC
1.15.050(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:
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Ordinance No. 2347-2008, Substitute B was moved for adoption at the January 2T,
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.)
Ordinance No. 2394-2009 -- Increasing Estimated Revenues and Appropriations by
$45,501 in the Airport Fund and by $1,$20,000 in the Runway Improvement Capital
Project Fund for Additional Phases of the Airport Apron Pavenrzent Rehabilitation
Proj oct. (Clerk's Note; Ordinance No. 2394-2009 was postponed, no time certain, at the
April 1, 2009 council meeting. The motion to adopt is active.)
Ordinance No. 2396-2009 -- Amending the Kenai Municipal Code with the Addition
of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning
Public Record Inspections." (Clerk's Note: Ordinance No. 2396-2009 was substituted
and postponed, no time certain, at the May 20, 2009 council meeting. The motion to
adopt is active.)
Ordinance No. 2398-2009 -- Decreasing Estimated Revenues and Appropriations by
X250,000 in the Street and Sewer Capital Projects and Increasing Estimated Revenues
and Appropriations by X250,000 in the Library Expansion Capital Projects Fund for
Capital Improvements. (Cleric's Note: Ordinance No.2 398-2009 was postponed, na
time certain, at the May 6, 2009 council meeting.)
Ordinance No. 2403-2009 formerly Substitute C) -- Amending the Land Use Table
in KMC 14.22.010 ta: 1) Change the Uses of Some Personal Services, Restaurants,
Dormitories/Boarding Houses and Greenhouses/Tree Nurseries Fram Principal
Permitted Uses (P} to Conditional Uses (C) in the Limited Commercial Zone (LC}; 2)
Change Mobile Home Parks From Conditional Use (C) to Not Permitted (N) in the
Limited Commercial Zone (LC); 3) Change Automotive Repair From Not Permitted (N}
to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to
Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and, 5) Require Tattoo
Parlors and Massage Therapists to Have a Conditional Use Permit in the Townsite
Historic Zoning District (TSH) and Tattoo Parlors, Massage Therapists, Dry Cleaners
and Self-Service Laundries to Have a Conditional Use Permit in the Limited
Commercial Zone (LC). (Clerk's Note: At the June 3, 2009 meeting, Ordinance No.
2403-2009 was amended with Substitute C and subsequently postponed, no time
certain. The motion to adopt Ordinance No. 2403-2009 is active.)
Ordinance No. 2412-2009 -- Amending KMC ].3.40.040 to Provide for a Speed Limit
of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North
Shore Public Beach Within the City of Kenai. (Clerk`s Note: At the June 3, 2009, a
motion to adopt Ordinance No. 24T 2-2009 was made and the ordinance was
subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412-2009
is active.)
EXECUTIVE SESSION -- REMOVED. Annual Evaluations of City Manager and City
Clerk.
EXECUTIVE SESSION -- ADDED/City Attorney Recruitment
ITEM M: ADJOURNMENT
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KENAI PENINSULA BOROUGH PLAT COMMITTEE
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
50LDOTNA, ALASKA
5:30 p.m. June 22, 2009
Tentative Agenda
MEMBERS:
Dr. Rick Foster
Homer Clty
Term Expires 2010
Mari Anne Gross
Southwest Borough
Term Expires 2011
Harry Lockwood
Ridgeway
Term Expires 2010
Sue McClure
Seward City
Term Expires 2011
Linda Murphy
Soldotna City
Term Expires 2011
ALTERNATES:
Jim Isham
Sterling
Term Expires 2009
Jason Tauriainen
Northwest Baraugh
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. Jason Tauriainen, Northwest Borough
3. Minutes
a. June 8, 2009 Plat Committee Minutes
qh
p, 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. Cooks Estates Sleepy Lagoon 2009 Addition
KPB File 2009-089 [McLanelCook Family Partnership]
Location: East of Adkins Road in Sterling
2. Ten Mile Subdivision #2
KPB 2009-092 [JohnsonlMullen]
Location: Anchor Point area
3. 5tanley's Meadow No. 21 Neida's Addition No. 2
KPB 2009-093 [Imhoff/Gonzales]
Location: South of East End Road in Nomer
K-Bay APC
4. Heatley Subdivision
KPB 2009-094 [ImhofflGilliam]
Location: South of North Fork Road in Anchor Point
Anchor Point APC
5. FBO Subdivision No. 9
KPB 2009-095 [SegesserlCity of Kenai]
Location: City of Kenai
79
i
6. Sungate Park Sub Randall Addition
KPB 2009-096 [TinkerlRandall]
Location: City of Kenai
7. 5eldovia Townsite McCord Replat
KPB 2009-097 [TinkerlMcCord]
Location: City of Seldovia
8. Cornwell Sub Morrison Addition
KPB 2009-098 [IntegritylMorrison]
Location: North of Bernice Lake Rd in Nikiski
9. Ladd Subdivision No. 3
KPB 2009-099 [Dowl HKMIKPB]
Location: Across Inlet south of Beluga
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
H. ADJOURNMENT
NEXT REGULARLY SCHEDULED MI"ETING
The next regularly scheduled Plat Committee meeting will be held Monday, July 20, 2009 in
the Assembly Chambers, Borough Administration Building, 144 North Binkley Street,
Soldotna, Alaska at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax: 907-714-2378
e-mail address: planning~borough.kenai.ak.us
web site: www.borough.kenai.ak.uslelanningde~t
80
KENAI PENINSULA BOROUGH PLANNING COMMISSION
BOROUGH ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA
June 22, 2009 - 7:30 P.M.
Tentative Agenda
Philip Bryson
Chairman
Kenai City
Term Expires 2010
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2009
Alice Joanne Collins
PC Member
Anchor Polntl Ninllchik
Term Expires 2010
Dr. Rick Foster
PC Member
Homer City
Term Expires 2010
Mari Anne Gross
PC Member
Southwest Borough
Term Expires 2010
James Isham
PC Member
Sterling
Term Expires 2009
Brent Johnson
PC Member
KaslloflClam Gulch
Term Expires 2009
Harry Lockwood
PC Member
Ridgeway
Term Expires 2010
Blair Martin
Vice Chairman
Kalifornsky Beach
Term Expires 2009
Sue McClure
PC Member
City of Seward
Term Expires 2019
Linda Murphy
Parliamentarian
City of Soldotna
Term Expires 20'11
Todd Petersen
PC Member
East Peninsula
Term Expires 2090
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk ("} are consent agenda items. Consent agenda Items are considered
routine and nan-controversial by the Planning Commission and will be approved by one motion. There will
be np separate discussion of consent agenda items unless a Planning Commissioner so requests in which
case the item will 6e removed from the consent agenda and considered In its normal sequence on the
regular agenda.
If you wish fo comment on a consent agenda Item or a regular agenda item other than a public hearing,
please advise the recording secretary before the meeting begins, and she will inform the Chairman of your
wish to comment.
"'1. Time Extension Requests
a. Foley Eskates Knudsen Replat
KPB File 2005-135; InkegritylKnudsen, Merrill
Location: East of North Kenai Road in Nikiski
b. Bolstridge Kenai River Subdivision Baer Addition
KPB File 2005-094; JohnsonlBaer
Location: South of Scout Lake Loop in Sterling
*2. Planning Commission Resolutions
a. Resolution SN2009-08; Renaming a public roadway easement within
532, T3S, R14W with ESN 401 and renaming a public roadway
within 510, T5S, R12W within ESN 202. (a) Unnamed 33' road
easement #o Weebe St and (b) Unnamed 20' road easement to
Beaver Creek Rd
*3. Plats Granted Administrative Approval
"`4. Plats Granted Final Approval (20.04.070)
*5. Plat Amendment Request
*6. Coastal Management Program
*7. Commissioner Excused Absences
a. Phil Bryson, City of Kenai
b. Jason Tauriainen, Northwest Borough
'~8. Minutes
a. June 8, 2009 Plat Committee Minutes
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Jason Tauriainen
PC Member b. June 8, 2009 Planning Commission Minutes
Northwest Borough
Term Expires 2011 D. PUBLIC COMMENTIPRE=SENTATIONSICOMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
Max J. Best 1. Vacate a portion of Roundstone Court, a 60-foot right-of-way, and associated
Planning Director utility easements, between Lots 12A and 13A, dedicated by Stone Ho11ow
Estates Phase 2 {Plat KN 2008-144}; within Section 18, Township 5 North,
Dave Carey Range 9 West, Seward Meridian, Alaska; and within the Kenai Peninsula
Borough Mayor Borough. KPB File 2009-066 (NOTE: Dedication will be relocated};
Petitioner: Kent C. Bangerter of Soldotna, Alaska. Location: Off Stone
Hallow Drive in Soldotna
2. Vacate a portion of Balderdash Road, a 60-foot right-of-way between Tracts
1 and 4 and a 30-foot right-of-way adjacent to Tract 4 dedicated by Fiske
Subdivision (Plat KN 72-51 }; and Vacate a 30-foot right-of-way adjacent ko
Tract 1 dedicated by Veil O`Mist Subdivision No. 5 (Plat KN 76-94); and any
associated utility easements, within Section 5, Township 5 North, Range 8
West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough.
KPB File: 2009-069 (NOTE: Alternate access will be dedicated);
Petitioner: James A. and Jane B. Fellman of Soldotna, Alaska. Location: Off
Otter Trail Road in Sterling
3. Vacate the south 33-foot patent rights-of-way and any underlying section line
easements in Government Lots 173 and 174; AND vacate the east 33-foot
patent rights-of-way and any underlying section line easements in
Government Lot 174 and 123, excluding the area that will underlie Floatplane
Road dedication proposed on Kenai Cemetery Expansion plat; all within
Section 31, T6N, R11W AND vacate the north 80-feet of the east 33-fook
section line easemenk, if any, in Section 6, within TSN, R11W. Patent
easements reserved in patent Numbers 1227249, 1227251 and 1154765,
recorded in Book 22, Pages 37 and 127 and Book 43 Page 168; Kenai
Recording District; Seward Meridian, Alaska, within the City of Kenai and the
Kenai Peninsula Borough. KPB File: 2009-072; Petitioner: Rich Koch, City
Manager of City of Kenai, Alaska. Location: City of Kenai
4. Vacate the 66-foot right-of-way easement (33-feet on each side} adjacent to
Government Lots 28 and 29; and any associated utility easements as
reserved in original BLM Patent 1195867 and 1220887; within Section 33,
Township 6 North, Range 11 West; Kenai Recording District; Seward
Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough.
KPB File: 2009-073 Resolution No. 2009-15; Petitioner: Marc and Lois E.
Bisset of Kenai, Alaska. Location: City of Kenai
5. Rename Existing Street; FRlENDSHUH CT dedicated as Forest Way within
Forest Hills Subdivision Part Two (KN 84-87); T 7N R 12W SECTION 11,
Seward Meridian, AK; Renamed Friendshuh Ct by Street Name Resolution
2005-07; Off of Windy Rd in the Nikiski Community; ESN 501; REASON
FOR CHANGE: Property owners dissatisfied with name; PROPOSED
NAME: ALEUTIAN CT
6. Name public roadway easements
z
82
a. Unnamed 30' Road Easement dedicated within Merrywood
Subdivision {KN 992); T 6N R 12W SECTION 23, Seward Meridian,
AK; Off of Kenai Spur Hwy in the Salamatof Community; ESN 501;
REASON FOR CHANGE: Create an official MSAG name;
PROPOSED NAMES: SARA ST & RORRISON AVE
b. Unnamed BLM fiB' Reservation Easement lying between Gov lots
44 & 57 wesk of the Kenai Spur Hwy; T 6N R 12W SECTION 23,
Seward Meridian, AK; in the Salamatof Community; ESN 501;
REASON FOR CHANGE: Create an official MSAG name;
PROPOSED NAME: RORRISONAVE
7. Name private road; Unnamed private road located within Government Lots
4 thru 9 & S112 S112 S112 NW114 & S1/2 SW1I4 SW114 NE114 excluding Holt
Lamplight Rd also excluding Senior Shore Addition No 1; T7N R 11W
Section 16 Seward Meridian, AK; off of Holt Lamplight Rd in the Nikiski
Community; ESN 501; Reason for Private Road Naming: To enter into the
MSAG for 911 purposes; PROPOSED NAME: EVENSON LN
8. Resolution 2009-16; A conditional land use permit application for sand and
gravel extraction in the Tyonek area. Landowner/Applicant: Tyonek
Contractors, LLCITyonek Native Corporation; Location: KPB Tax Parcel
ID#: 211-071-03; All of Sec 1, 2, 11 & 12; Ptns Sec 13, 14, 23, 24 & 26 excl
USS 9519 & 9535 & 4546 known as Tract B, T12N, R11W Sec 1-26, Seward
Meridian
G, ANADROMOUS STREAM HABITAT PROTECTION {KPB 21.18}
H. VACATIONS NOT REQUIRING A PUBLIC HEARING
SPECIAL CONSIDERATIONS
J. SUBDIVISION PLAT PUBLIC HEARINGS
The Plat Committee is scheduled to review 9 preliminary piaks.
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
L. OTHERINEW BUSINESS
1. KPB Flood Plain Task. Force Resolution 2009-03; Resolution recommending
the Kenai Peninsula Borough Assembly request the USDA Natural
Resources Conservation Services to complete soils surveys in the Seward
area expeditiously.
2. New Plat Committee (July, August, September 2009)
- 5 Members 12 Alternates
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCEt_LANEOUS INFORMATIONAL ITEMS
83
NO ACTION REQUIRED
Kenai City Planning & Zoning Commission Meeting Minutes
- May 27, 2009
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, July 20,
2009 in the Assembly Chambers, Borough Administration Building, 144 North Binkley,
Soldotna, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisory Meeting Location Date Time
Commission
Anchor Point Anchor Point
Chamber of Commerce July 7, 2009 7:00 p.m.
Cooper Landing Cooper Landing
Communit Hall July 1, 2009 6:00 p.m.
Hope 1 Sunrise Hope Social Hall July 2, 2009 7:00 p.m.
The Kachemak Bay and Funny River
Advisory Planning Commissions are inactive at this.time.
NOTE; Advisory planning cammission meetings are subject to change. Please v2rify the meeting
date, location, and time with the advisory planning Commission chairperson. Chairperson contact
information is on each advisory planning cammission website, which is linked to the Planning
Department website.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax: 907-714-2378
e-mail address: planningt~borough.kenai.ak.us
web site; www.borough.kenai.ak.uslplanningdeot
84