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Home My WebLink About2007-10-24 Planning & Zoning Packet - Work SessionCITY OF KENAI PLANNING & ZONING COMMISSION Work Session Reminder Amending KMC 14,20.200 {Accessory Structures- Convex-Type Structures) MEETING OF October 24. 2007 Kenai City Council Chambers 210 Fidalgo Avenue October 24, 2007 @ 7 p.m. "~i~~a e with a Past, Gi with aFutr~~e" 9 ~' ,~-~,~~~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-75351 FAX: 907-253-3014 ~ ~ ~ ~ ~~ -_ _=- -- -` =_ - 1992 t~CG1~Of NEHAIwAlASKA ^ ^ TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administrator DATE: October 12, 2007 SUBJECT: Amendment to KMC 14.20.200 (Accessory Structures - Connex- Type Structures) The Commission agreed at the work session on October 10t", to hold another work session on October 24t" to continue working on an amendment to KMC 14.20.200. Attached is the packet from the October 10t" work session. There was general agreement that an amendment should be considered. The Commission discussed whether or not these types of structures should also be restricted in the commercial industrial zones. The consensus was to complete working on the residential zones first before possibly considering recommending a restriction in the other zones. The goal at the work session on the 24~" should be to begin deciding on specific criteria for restricting use of these types of structures. When the Commission has determined the restrictions, the information will be provided to the City's Attorney who will amend Resolution PZ07-24 to incorporate the recommendations. If you have questions about the proposed amendment or this process, don't hesitate to contact me prior to the meeting. I can be reached at 283-8235. "~i~~a e wit~t a Past, Gi u>it~ a ~r~tr~re" .~ ,~ ,~-~,~f~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-75351 FAX: 907-283-3014 t ~ ~ ~ ~ ~ --- -~ --~ ~ 1992 ~I~E .Gi~ o f K~NarV srcn TO: Planning & Zoning Commission ~ I FROM: Marilyn Kebschull, Planning Administrator DATE: October 3, 2007 SUBJECT; Amendment to KMC 14.20.200 (Accessory Structures - Connex- Type Structures) In June, an amendment to KMC 14.20.200 (Accessory Structures) was proposed. The amendment recommends prohibiting connex-type structures for permanent storage in residential zones. The Commission held a public hearing and then postponed action. Since introduction, the Commission head a work session in July and at that time requested a second work session to continue reviewing the amendment. Attached to this memo are the following; 1. PZ07-24 -Resolution 2. Excerpt from minutes of June 13, 2007 meeting 3. Excerpt from minutes of July 11, 2007 meeting 4. Meeting notes from June 25, 2007 work session 5. Email from Attorney Graves regarding how other communities deal with connexes in Alaska and Municipality of Anchorage policy 6. Memo from City Manager Rick Koch dated June 12, 2007 7. KMC 3.10.070 -Livestock within city limits. 8. Letter from Ronald Dukowitz dated July 9, 2007 (I will have the photographs Mr. Dukowitz submitted at the meeting.} For purposes of this work session, the Commission should determine the following: 1. Does the Commission want to consider an amendment to KMC Amendment to KMC 14.20.200 (Accessory Structures Connex-Type Structures) Page 2 14.20.200? 2. If not, I will ask the City Attorney how to handle the resolution that has been postponed. 3. If so, how should connex~type structures be limited? a. Zane b. Lot Size c. To Rear and Side Yards (Not allowed in Front Yards} d. Require additional setbacks e. Screening f. Siding and Roofing in lieu of screening g. Limit the number of structures per lat or by square footage of lot h. Should existing structures be grandfathered If you would like additional information for consideration at the work session, please let me know before the meeting. Attachments Suggested by: Administration CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-24 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 14.20.200 (ACCESSORY STRUCTURES) BE AMENDED BY ADDING A SECTION PROHIBITING THE USE OF CONNEX-TYPE STRUCTURES FOR STORAGE IN RESIDENTIAL ZONES. WHEREAS, KMC 14.20.200 (Accessory Structures) sets out the rules far accessory structures in the Kenai Zoning Code; and, WHEREAS, storage or use of convex-type structures for permanent storage in residential zones can cause unsightly conditions leading to reduced property values; and, WHEREAS, it is in the best interest of the City of Kenai to prohibit the use of convex-type structures fox storage in residential zones, and WHEREAS, a limirted exemption should be allowed to provide far temporary storage during construction. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF TIDE CITY OF KENAI RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.20.200 by adding subsection {b} as follows. (b) Storage or use of convex-type structures for storage in residential zones is prohibited. (1) Under this section "residential zone" means one of the fallowing zones: Rural Residential Zones, Suburban Residential Zones, Urban Residential Zone, Townsite Historic Zone. (2) Convex-type structures may be used in residential zones for temporary storage during construction projects. A permit is required for this temporary use and is obtained as part of a building permit. A temporary convex permit is valid for 90 days with renewal necessary for an additional time period as allowed within the discretion of the Building Official. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this day of 2007. CHAIRPERSON: ATTEST: Public Hearing: June 24, 2007 Postponed to: July 11, 2007 Postponed: No Time Certain Work Session: July 25, 2007 Work Session: October i 0, 2007 Kebschull reviewed the staff report included in the packet and recommended approval. She noted Janie Odgers was in attendance to answer questions. Twait opened the meeting for public comment. There being no comments, the public hearing was closed. MOTION: Commissioner Rornain MOVED to approve PZ07-22 and Commissioner Fullinck SECONDED the motion. VOTE: Sma e YES Lewis ABSENT Fullinck YES Romain YES Wells ABSENT Twait YES B son ABSENT MOTION PASSED UNANIMOUSLY. Twait read the appeal process procedures. ~, 4-c. PZ07-24 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.200 (Accessory Structures) be amended by adding a section prohibiting the use of connex-type metal shipping containers for storage in residential zones. Kebschull reviewed the staff report on ordinances and read a memo stating the Mayor was unable to attend and would like the comxaission to postpone action. 'Ibvait opened the meeting for public comment. There being no comments, the public hearing was closed. MOTION: Commissioner Romain MOVED to postpone PZ07-24 until the first scheduled meeting in July and Commissioner Fullinck SECONDED the motion. VOTE: Sma e YES Lewis ABSENT Fullinck YES Romain YES Wells ABSENT Twait YES B son ABSENT PLANNING AND ZONING COMMISSION MEETING JUNE I3, 2007 PAGE 3 Approved by consent agenda. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in ifs normal sequence on the agenda as part of the General Orders. ITEM 2: APPROVAL OF MINUTES -- June 13, 2007 8~ June 27, 2007 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5-a. PZ07-24 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.200 (Accessory Structures) be amended by adding a section prohibiting the use of connex-type metal shipping containers for storage in residential zones. City Planner Kebschull reviewed the staff report included in the packet and noted the letter received from Ronald Dukowitz. Chair Twait read the rules for public comment, and then opened the meeting for public comment. Pat Porter, 310 Rogers Road -- Spoke in support of the resolution and noted that connex containers are too large for most city lots. Jahn Mellish, 1132 Walnut -- Asked if this resolution would apply to the CMU zone. Kebschull stated it would not apply. Kristine Schmidt, 513 Ash Avenue -- Noted that while connex containers were better looking than "scattered trash," she would rather see a specific beautification plan versus the piecemeal efforts she has seen. There being no further comments, the public hearing was closed. Commission comments included the following: • Visibility issue, no development standards for connex use. • Wanted to address the issues in City Manager Koch's memo dated June 12, 2007. Suggested a work session to look at issues. PLANNING & ZONING COMMISSION MEETING JULY 11, 2007 PAGE 2 MOTION: Commissioner Smagge MOVED to postpone PZ07-24 in order to hold a work session, and Commissioner Bryson SECONDED the motion. VOTE: Srna e YES Lewis ABSENT Fullinck YES Romain YES Wells ABSENT Twait YES B son YES MOTION PASSED UNANIMOUSLY. 5-b. PZ07-25 - A Resolution of the Planning And Zoning Commission of the City Of Kenai, Alaska, recommending to the Council to enact KMC 9. IO.O I5 requiring dumpsters to be screened on at least three sides. Kebschull reviewed the staff report included in the packet, noting .there would be one year to comply. Twait opened the meeting for public comment. Pat Porter, 310 Rogers Road -- Spoke in support of the resolution and shared a power paint presentation of dumpsters within city limits John Mellish, 1132 Walnut -- Spoke in opposition of the resolution, stating loss of parking space, possibility of not meeting parking requirements, and overhead wires could pose a safety hazard. Kristine Schxirxidt, 513 Ash Avenue -- Spoke in opposition of the resolution, stating loss of parking, suggesting dumpster colors could blend in more, and "overflowing" dumpsters were not addressed There being no further comments, Twait closed the public hearing. Comrnissioxz comments included: • Possibility of parking variances. • Trees or shrubs can. be used in place of more permanent measures. • Concern over loading and unloading of dumpsters. • Work session may be needed to address concerns. • Under Title 9, variances are not provided and should be considered for issues (i.e., parking and screening). MOTION: PLANNING & ZONING COMMISSION MEETING JULY 11, 2007 PAGE 3 7125107 -Meeting Notes (Connex) Bryson • Screening should be considered. • Should not be allowed in the front yard. • Don't allow in RS1, RS2, and Urban Residential zones. • Allow in other zones if minimum lot size at least 20,000 Smagge • Stated people are even living in them now. Wells • Questioned if a Connex is modified, when is it no longer considered a Connex? John Mellish • Lot size should be considered -should be allowed on large lots. • Screening -trees should be considered screening. • Connex are reasonably priced and probably more and more people will start using them. Mr. Dukowitz • Agreed that he felt screening either fencing or natural should be required. General review/discussion of Mr. Kach's memo including: • If not grandfathered, how long should someone have to comply if ordinance is passed -general consensus that 1 year was sufficient. • Screening should be required -F=ences. Discussion if in addition to fences, siding should be allowed. Additional setbacks requirement in the RS zones - 15 -feet similar to RR zones. • Should siding and roofing be considered in lieu of fencing or screening? • Lot size -limit to lots at least 20,000 square feet. • Limit to side and rear yards. Additional setbacks for side yards? • General consensus that there is a need to regulate connex's. • There was no discussion an Item 7 - add a section to debris and junk relating to removal or repair of connex's that are unpainted, in disrepair, etc. Regulate by -Issues for Further Discussion; • Zone • Lot Size • Rear and Side Yards • Additional side yard setbacks • Screening • Siding and Roofing in lieu of screening Page 1 of 2 Marilyn Kebschull Frnrn: Cary Graves Sen#: 07 August, 2007 1:59 PM Ta: 'Patricia Porter; Marilyn Kebschull Subjec#: RE: Conexes You're welcome. I'll send it to her now. Cary -----Original Message----- From; Patricia Porter [maiito:kenaimayorlD@msn.com] Sent: Tuesday, August D7, 2007 1:33 PM To: Cary Graves Subject: Re: Conexes Thanks Cary, would you please forward this to Marilyn? Pat ----- Original Message ----- From: Cary Graves To: pa_# Porter_{!~-mail). Sent: Tuesday, August 07, 2007 10:31 AM Subject: Conexes Pat, I researched how different communities deal with Conexes in Alaska. There are three basic approaches. In Girdwood (but not the rest of the MOA) Conexes are banned in residential areas. AMC 21.09.050.0.3 states: "Prohibited accessory uses and structures. Conex trailers, railroad box cars, and the like are prohibited in residential areas." Outside of Girdwood in the Municipality of Anchorage (MOA} Conexes are allowed with some limitations. They are allowed subject to yard and height restrictions and require a land use permit if larger than 100 square feet. A separate permit is required if more than one is used per lot or if the Conex is used for something other than storage. A pdf copy of the policy regulating Conexes is attached below. Seward takes the middle approach. The Seward code allows Conexes or trailer vans to be used "For covered storage provided that all wheel assemblies have been removed,; the unit is placed on non-rot susceptible blocking or foundation; the unit is roofed, skirted and sided to match the primary building on the property; and the unit is located outside of any setbacks." SMC 15.10.140. Please let me know if you would like this in memorandum form or need any other information. Cary 08/07/2007 t' :L . . i's. tl i. ~~. ~a Policy AG.19 Metal Shipping Containers (Conex Containers) ~~~ ~xw _ Metal shipping containers (commonly referred to as "Conex" containers) used as temporary or permanent structures shall comply with AMC Titles 21 and 23 as clarified in this policy. hermits Permits are required for all installations, See Handouts R.01 and AG.06 for residential and commercial pQrmi# submittal requirements. See Handout AGA8 for land use area permit requirements. Sea the Anchorage Administrative Code (AMC 23,10) for limitations an the use of temporary structures. ' Exceptions: Permits are not required for the following: 1. The installafion of one {1) container per lot as long as the container Is used far storage only. 2, Containers installed on legally permitted construe#lon sites, including adJacent lots used for staging. Land Use Requirements (applies to all Installations) Shtpping containers, ar Canaxes, are allowed in Anchorage areas as an accessory building for storage, bu# are specifically prohibited in any Glydwood Residential areas. Title 21.09.040.3, Any structure aver 100 square feet located in a land use area requires a land use permit per AMC Title 21,1vA50. All accessory buildings are subjec! to yard and height requirements as de#ined in Title 21.44 under the zoning district for the property, No accessary building shalt be placed closer than 10 feet to any principal structure 21.45.030. Plans and Calculations {applies to installations requiring pgrmitsf The fallowtng requirements apply only to insfallattans requiring permits. Other than facilities owned by the MOA, these requirements do not apply to land use areas, Plot plans are required in accordance with Handouts R.01, AG.06, and AG.Ot3. Plans, siruc#ural calculations and sails reports are not required for individual metal shipping containers installed on grade as long as there is no attached construction. All other installations {Including but not limited to stacked containers, multiple connected containers and containers with attached construction) require plans, calculations and sails reports In accordance with Handouts R,01 and AG.06. S#rucfural calculations, when required, shall verify the proposed installation is stable for sliding and overturning. Calculations far Insiapatlans with attached construction shall verify framing is sufftcient for required load combinations. Ron Thompson, Building Official bate: April 17, 2006 (Rev. 02-p1) Policy AG.19 Page 1 ai 1 . ~,~.,. ~-- = =°=~ = = -_- / tLlCG~~Uf // HENAI~ SKA MEMO: TO: Planning Commission FROM: Rick Koch DATE: June '12, 2007 SUBJECT: Ordinance Prohibiting Use of Conex-Type Shipping Containers in Residential Areas er,~ Here are some questions I have that may assist in facilitating your discussion, 1. What happens to the conex's already in use throughout the City's residential areas? a. Do theybecome a "grandfathered" use, and allowed for those property owners that have conex's at the time the ordinance becomes effective? b. Should a "removal period" be established? 3 months, 6 months, 1 year, or more? c. Should they be required to be removed immediately? 2. Should a resident be able to use a conex in a residential area if it is not visible from the street? Fences? 3. Should a resident be able to use a conex in a residential area if siding is installed? Roof covering? 4. Should there be a correlation between lot size and whether a resident is allowed to have a conex? ~~~/'~~a e wit~t a Aast, Gi wit~i a ~~tr~r~e ~~ .~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-75351 FAX: 907-283-309 4 N ~ I ~~~ 1992 JCI~ ~ ~ ?1]nr S. Should the use of conex's in residential areas be limited to backyards and/or sideyards, and lot-line set-backs? ~. Should there continue to be no restriction on the use of conex-type containers in residential areas? 7. Should conex's be allowed under certain circumstances (see #2, #3, #4 & #5) in residential areas and additional language added to the municipal code under "junk & debris" That provides the mechanism by which administration can require the removallrepair of conex's that are unpainted, in disrepair, and/or otherwise deteriorated. Thanks 3:~o.osa (c) {d} (e) (fl (Oxd (2) Killing or injuring an animal where nec- essary to protect a human being or do- mesticated animal from death or bodily injury; (3) The humane destruction of an animal by its owner or the owner's authorized agent. Animal fighting: { 1) No person may cause an animal to fight another animal or human being, whether for annusement of himself or others or for financial gain; or (2} Train, or keep for the purpose of training, an anitnal for exhibition in combat with an animal or human being, {3) No person may permit his premises to be used for the purposes described in para- graph (c)(1) of this subsection, or be present as a spectator at an exhibition described in paragraph (c)(1} of this subsection. Accident involving injury to animal: (1) The driver of a vehicle involved in an accident resulting in injury to an anima] shall stop the vehicle as close to the scene of the accident as possible and forthwith inform the owner of the animal of the injury if the animal's ownership is readily ascertainable, ox inform the Ani- mal Control Office of the injury if the animal's ownership is not xeadily ascer- tainable. {2} A driver shall inform the appropriate person under pazagraph (d}(1) of this subsection of the time and location of the accident, a description of the injured animal, and the apparent nature of the injury. Animal tzapping: {1} No person may use a trap within the City limits that can kill or mangle an animal. Animal harassment: (1) No person may allow any animal which he owns to molest or harass wild or do- mesticated animals. .935) 3.10.070 Livestock within the city limits. (a} Except as otherwise provided in this section, no person shall keep or maintain livestock within (b) Livestock may be kept on lots of forty thou- sand {40,000) square feet ~or greater. No live- stock shall be allowed in the RU, RS 1, RS2 or TSH zones. Animals raised for afar-bearing ose are not allowed in any zone. {c) In this section "livestoc following animals: . (1) Cow (2) Horse (3) American bison {4) Llama (5} Alpaca (6) Sheep (7) Swine {8) Goat (9) Mule (10) Donkey (11) Ratite {12} Duck (13) Goose (14) Chicken {15) Turkey { 16) Rabbit (d) (1) Except for the RS1, RS2, RU, TSH zone(s), the Chief Animal Control Officer may issue temporary permits of not more than fourteen (14) days for the keeping of livestock not otherwise allowed for public exhibitions or entertainment events. The Chief Animal Control Officer may im- pose conditions on the permits as reason- ably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the pei7nit . or pertinent section of the Kenai Munici- pal Code. The City Manager may set a permit fee as set out in KMC 7.15.1x0. (2) Except in the RU zone, the Chief Animal Control Officer may, after notifying ad- joining property owners in writing and allowizag reasonable time for comment, cxe~~ az-~-oa7 ~ 52 ~~ July 9, 2007 To Whom It May Concern, Regarding - PZ07~24 I am against resolution KMC 14.20.200 prohibiting the use of connexes for storage in residential areas. I have used a convex in my fenced in backyard fox secure storage of personal items for the past 10 years. It is out of sight and 3/4 of my neighbors didn't even know T had one. One neighbor said he hears me open it once in a while. If they are out of view (enclosed by a fence, etc) I think they should be allowed. I have enclosed some pictures of my properly taken from the streets, one from Evergreen and one on 4~ Ave. if you pass this resolution please do not sunset it. Please give a person plenty of time to remove it. As long as they are not parked in the front yard or in neighbors view, I thank they should be allowed. Instead of prohibiting the use of connexes in residential areas, there should be guidelines to determine acceptable use. Thank you fo yo tim and consideration. Ronald Dukowitz 1807 4th Avenue Kenai., AK 99611