Commission will also look at wording on ordinance concerning rezones and referendums

The Kingman Planning and Zoning Commission will consider no fewer than three amendments to the zoning ordinance at its meeting this evening.

The first of the three amendments would create a new subsection within the city's General Development Standards covering standards for small wind energy systems. Modeled in part off the Skystream 3.7 wind turbine, the new subsection would allow a single wind turbine on any size parcel, or two turbines on parcels larger than one acre.

The amendment would require the turbines stand no higher than the maximum building height of the zoning district in which it was built, though this could be extended to 60 feet with a conditional use permit. The turbines would also have to be rated at 10 kilowatts capacity or less, and colored a non-reflective, neutral desert color.

The second amendment would add new language to the ordinance concerning when a rezoning or conditional use request can be reheard if it is generally the same as one that has already been denied.

The proposed amendment follows a referendum that passed last November reversing a Council-approved rezone of 15.46 acres at Airway Avenue and North Castle Rock Road from residential to C-2, "community business," zoning for a future strip mall.

Only six months had passed from the successful referendum before developer Short/Bowers Investments had returned to P&Z for another go at the rezone process. Local advocacy group Residents Against Irresponsible Development balked at this, stating that the ordinance required Short/Bowers to wait one full calendar year following the successful referendum, not P&Z's original approval.

Ordinance subsection 31.420 currently states: "No rezoning or conditional use case that is the same or substantially the same as a request which has been denied, shall be filed within one year of the date of the Planning Commission decision."

The proposed text amendment would alter this wording, removing the reference to P&Z's decision altogether, and setting the beginning of the one year waiting period following the Council's decision.

Next month, the commission will hear another version of the amendment which will include language relating to the Short/Bowers case. That amendment states that in the event a referendum such as RAID's was to overturn Council's decision, the one year waiting period would begin on the day of the referendum instead.

According to Developmental Services Director Gary Jeppson, however, the Short/Bowers rezone is already law, and any new amendment will not retroactively apply to them.

The third and final amendment to be considered tonight would institute a one-time annual review for all conditional use permits within the city.

If approved, the amendment would require city staff to inform all property owners within 500 feet of the CUP property, by mail, at least 15 days prior to the review.

The notices would inform recipients of the nature of the conditional use permit and its stated conditions, as well as encourage them to comment before or during the reviews.

Staff would then review the operations of each CUP, submitting a written report to the P&Z Commission. From there, the commission would make a recommendation to Council whether or not the permittee is complying with the CUP's conditions. Council would make the final judgement, either finding the permittee in compliance or instructing staff to begin the revocation process.

Even if the amendment is approved by P&Z, however, the revocation process may still be subject to further change.

The City Council will consider yet another amendment to change the wording of the CUP revocation process on Monday, which will include a third option, for Council to give the permittee more time to address complaints.

The commission meeting begins at 6 p.m. in the Council Chambers at 310 N. Fourth St.