HomeMy WebLinkAboutResolution No. PZ2019-11CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2019-11
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE Y OF KENAI
TO RECOMMENDING THE COUNCIL OF THE CITY OF KENAI ENACT 0 !NANCE 3056-
2019 AMENDING KENAI MUNICIPAL CODE 14.22.010 -LAND USE ABLE TO ALLOW
BUSINESS/CONSUMER SERVICES AND TAXIDERMY/GUN~ HING IN RURAL
RESIDENTIAL 1 (RR-1) ZONING DISTRICT BY CONDITIONAL USE RMIT AND REMOVING
THE LOCATION RESTRICTION ON PROFESSIONAL OFFICES A~ OWED BY CONDITIONAL
USE PERMIT WITHIN THE RURAL RESIDENTIAL 1 (RR-1) ZO .ff.JG DISTRICT
WHEREAS, Kenai Municipal Code 14.20.080 provides that r . idential zones, including the RR-1
Zone is intended to provide for low density residential dev opment in outlying and rural areas in
a form which creates a stable and attractive reside al environment separating residential
structures to preserve the rural, open quality of~ te vironment preventing health hazards in
areas not served by public water and sewer and pr ibit uses that would violate the residential
character of the environment and generate heavy affic in predominantly residential areas; and,
WHEREAS, the main distinction of the R 1 Zone as differentiated from the RR Zone is
prohibiting multifamily dwellings beyond four-family dwelling and only allowing four-family
dwellings by conditional use; and,
WHEREAS, the purpose of condition uses is to recognize that some uses may be compatible
with designated principal uses in ecific zoning districts provided certain conditions are met,
intended to assure the proposed se is compatible with the surroundings; and,
WHEREAS, currently, the R 1 Zone allows four-family dwellings, limited marijuana cultivation
facilities, professional office , many public and institutional uses, bed and breakfasts, day care
centers and surface~xtra ion of natural resources , many with proximity limitations to the Kenai
Spur Highway; and,
WHEREAS, KMC 1 . 0 .320 defines business/consumer services as the provision of services to
others on a fee 9 contract basis, such as advertising and mailing; building maintenance;
employment serv·c e; management and consulting services; protective services; equipment rental
and leasing ; co mercial research ; development and testing ; photo finishing; and personal supply
services; and
WHEREA , Kenai Municipal Code 14.20 .320 defines 'gunsmith ' a person who repairs, modifies ,
designs, r builds firearms ; and,
EAS , Kenai Municipal Code 14 .20.320 defines 'taxidermy' as the act of mounting or
rep, educing dead animals, fish , and/or birds for display; and,
HEREAS , Kenai Municipal Code 14.20 .320 defines "profession" as an occupation or calling
requiring the practice of a learned art through specialized knowledge based on a degree issued
by an institution of high learning , e .g ., Doctor of Medicine , and "office " as a room or group of
Resolution No . PZ2019-11
Page 2 of 3
rooms used for conduct ing the affairs of a business, profession, service, industry, or government;
and,
WHEREAS , business and consumer services, professional offices , gunsmithing, and taxidermy
business can be operated out of single-family dwellings with negligible traffic and impact on
surrounding properties; and,
WHEREAS, many business and consumer services, professional offices, gunsmithing and
taxidermy are compatible with the residential character and location of the RR-1 Zone and should
be allowed through a conditional use permit; and,
WHEREAS , removing the restrictions on the location of professional offices by conditional use
within the RR-1 Zone will allow more opportunity for the location of low impact businesses within
the RR-1 Zone; and ,
WHEREAS, Kenai Municipal Code 14.05 .010 states the City of Kenai Planning and Zoning
Commission will act in an advisory capacity to the Kenai City Council regarding the Kenai Zoning
Code; and,
WHEREAS , on March 27, 2019, the Planning and Zoning Commission held a public hearing on
Resolution No. PZ2019-11 and recommended the City Council pass this Ordinance .
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1.
findings:
That the Kenai City Council enact Ordinance 3056-2019, based on the following
a . Ordinance 3056-2019 meets the intent of the RR-1 Zone .
The RR-1 Zone is to provide for low density residential development in a form which
creates a stable and attractive residential environment separating residential structures to
preserve the rural, open quality of the environment preventing health hazards in areas not
served by public water and sewer and prohibit uses that would violate the residential
character of the environment and generate heavy traffic in predominantly residential
areas. Business/consumer services , taxidermy/gunsmithing, and professional offices are
businesses that may be successfully developed without generating heavy traffic or
changing the character of the RR-1 Zone. Connections to public water and sewer exist in
much of the western portion of the RR-1 Zone.
b . Ordinance 3056 -2019 is consistent with the 2016 Envision Kenai 2030 Comprehensive
Plan .
The proposed ordinance is consistent with the Land Use Plan identifying much of the RR-
1 Zone as Suburban Residential. Allowing for business/consumer services and
gunsmithing/taxidermy with a conditional use permit and removing the location restriction
on professional offices within the RR-1 Zone supports the goals and objectives for Goal
2-Economic Development and Goal 3-Land Use. The ordinance specifically supports
Objective ED-2 to implement business-friendly regulations, Objective LU-2 to promote the
infill of existing developed lots, Objective LU-3 to review zoning codes to address current
Resolution No. PZ2019-11
Page 3 of 3
and future land uses , and LU-5 to support development outside of major employment
centers that provides a mix of retail, service, and residential uses.
c. The purpose of conditional uses is to recognize that some uses may be compatible with
designated principal uses in specific zoning districts provided certain conditions are met,
intended to assure the proposed use is compatible with the surroundings, and
business/consumer services, gunsmithing/taxidermy, and removing the location restriction
on professional offices would allow for some uses that may be compatible with the RR-1
Zone.
The conditional use permit process, which requires a public hearing and notification of
property owners within 300-feet, would review proposed uses against the following review
criteria: consistency with the intent of the RR-1 Zone, property values and the
neighborhood would not be significantly impaired, consistency with the Comprehensive
Plan, adequate public services and utilities, public safety, health, and welfare, and any
specific conditions deemed necessary by the Planning and Zoning Commission.
Ordinance 3056-2019 will contribute to the economic viability of the City of Kenai while
still supporting the intent RR-1 Zone
Section 2. That a copy of Resolution PZ2019-11 be forwarded to the Kenai City Council.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 27th day of March , 2019.
JEFF TWAIT, CHAIRPERSON
ATTEST:
JAMIE HEINZ, CMC, CITY CLERK