HomeMy WebLinkAboutRESOLUTION 1978-122
* ,~- N
CITY OF KENAI
RESOLUTION NO. ?8-122
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA RECOMMENDING
THB KENAI PENINSULA BOROUGH ASSEMBLY AMEND CHAPTER 21.76 OF THE BOROUGH
CODS RELATIVE TO THE KENAI MUNICIPAL DISTRICT .
WHERBAS , the City of Kenai Advisory Planning and Zoning Commission has reviewed
the Kenai Peninsula Borough Code, Chapter 21.76. and
WHEREAS, the Commission has held a public hearing on both recommended changes
(Resolution Numbers PZ 78-21 and PZ 78-24) having duly advertised such hearings, and
WHEREAS, there were no objections to either the two proposed change resolutions of
~ the commission.
NOW, THERBFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
that the Renal City Council requests the Kenai Peninsula Borough Assembly to enact
in appropriate form PZ Resolutions 78-21 and 78-24. said resolutions are incorporated
herein by reference .
_ . --- PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of August,
i!i`IS .
mac.
~ ~ ~ l ~!'~~~s~
VINCENT O'RE YOR
ATTEST: '
Su C. Peter, City Clerk
~~
~ ~ _ ..
~ ~~~
CITY OF KENAI
RESOLUTION N0. PZ 78-21
A RESOLUTION OF THE ADVISORY PLANNING f, ZONING COMMISSION OF THE
CITY OF KENAI RECOA'QNENDING AMENDMENT OF THE KENAI MUNICIPAL DISTRICT
ZONING CODE, CHAPTEP. 21.76, KENAI PENINSULA BOROUGH CODE OF ORDINANCES.
WHEREAS, planning and zoning requires continuous review and updates,
and
WHEREAS, the Kenai Municipal District Zoning Code has not been
updated since 1975, and
WHEREAS, the Advisory Planning and Zoning Commission of the City
of Kenai has reviewed, in detail, recent changes in State statutes
and Borough ordinances governing planning and zoning, and
WHEREAS, the Borough Assembly has referred this matter to the
Advisory Planning and Zoning Commission for comment and public
hearing.
NOW, THEREFORE, BE IT RESOLVED, by the Advisory Planning and Zoning
Commission of the City of Kenai, Alaska to recommend that the Borough
Assembly pass the following proposed amendments to the Kenai Municipal
District Zoning Code, Chapter 21.76, Kenai Peninsula Borough Code of
Ordinances:
1. That section 21.76.070(8)(2) be amended to delete subparagraph
"b", renumbering subparagraphs " c" and "d" as "b'• and "c"
respectively.
2. That section 21.76.070(C)(1) be amended to read: 1. Minimum
lot area in accordance with Borough Subdivision O rdinance.
3. That section 21:76.070(C)(3)(d) be deleted.
4. That section ?1.76.070(C)(4) Ue amended to read: 4. Maximum
lot coverage - 30$.
S. That section 21.76.070(C)(6) be added to read in its entirety
as follows: 6. Maximum height - 2 1/2 stories, or 35 feet,
whichever is less.
6. That section 21.76.080(8)(2) be amended to delete subparagraph
"b", renumbering subparagraphs "c" and "d" as "b" and "c"
respectively.
7. That section 21.76.080(C)(4) be amended to read i n its entirety
as follows: 4. Maximum lot coverage - 30$.
~ --- __ - _
4. RESOLUTION N0 . PZ 7 ` ? 1
.,. - • .- ~ -~ - -- -.r- - •--~.
°'"`'age Two
8. That section 21.76.080(C)(7) be added to read in its entirety
as follows: 7. Maximum height - 2 1/2 stories or 35 feet,
whichever is less.
9. That section 21.76.090(B)(2) be amended to read: 2. Secondary
uses - same as secondary uses permitted in the RR zone.
10. That the third sentence of Section 21.76.110(A) be amended to
t'ead as follows: New single and two family residential uses and
some other non-commercial uses are excluded from this zone as
principal uses because a commercial area is a poor environment
for such uses and because it is intended that land in this zone
be reserved for commercial purposes.
11. That the second sentence of Section 21.76.120(A) be amended
to read as follows: New residential uses and some other non-
industrial uses are excluded from this zone as principal uses
because an industrial area is a poor environment for such uses
and because it is intended that land in this zone be reserved
for industrial and commercial purposes.
12. That section 21.76.120(B)(1) be amended to read in its entirety
as follows:
(a) Airport related uses;
(b) Warehouse and wholesale businesses;
(c) Retail businesses;
(d) Professional offices;
(e) Automotive service stations;
(f) Automotive sales;
(g) Automotive repair and rebuilding;
(h) Manufacturing, fabricating, assembling and storage of a
character that meets development requirements listed below.
13. That section 21.76.120(B)(2) be amended to read in its entirety
as follows:
2. Secondary Uses
(a) Accessory uses which are clearly .incidental to permitted
uses and which are consistent with the principal uses allowed.
(b) One single-family residence per parcel, which is a part
of the main building.
14. That the first sentence of section 21.76.140(D)(1) be amended
to read as follows: 1. Elementary schools, high schools,
colleges, day-care centers, hospitals, and sanitariums may be
permitted provided that the following conditions are met:.
T ___ _ _ _ ~ .,. - .- ~ ..~ _ _ .~. ,,~ _--~w_
. - ..~ :._
RESOLUTION N0. PZ 7F 21 Pag~.Three
1S. That the first sentence of Section 21.76.140(E)(1) be amended
to read as follows: 1. Governmental buildings, public libraries,
public off-street parking lots, day-care centers, and other
public facilities serving the entire community may be permitted
provided that the following conditions are met:.
16. That section 21.76.140(G) be amended to read:
G. Conditional Uses in RU, CG, IL and IH Zones.
1. Crematories operated as part of and in the same structure
as a mortuary may be permitted provided that no indication of
said use shall be evident from the exterior of the mortuary.
2. Restaurants may be allowed in the RU zone, provided that
the proposed location and the characteristics of the site will
not destroy the residential character of the neighborhood.
17. That section 21.76.140(I) be amended to delete reference to
20.30.180 and substitute therefore 21.76.180.
18. That section 21.76.190(F)(4) and (F)(S) be amended to read in
their entirety as follows:
Off Street Parking.
4. Multiple family dwellings and other places containing
dwelling units: 1 space per efficiency unit, 1 1/2 spaces
per 1 bedroom unit and 2 spaces for 2 or more bedroom units.
S. Single family dwellings, two family dwellings and parish
houses, 2 parking spaces per each dwelling unit.
19. That section 21.76.220(C)(1) be amended to delete "variance
of a conditional" and substitute therefore "variance or a
conditional".
20. That the first sentence of section 21.76.220(C)(2) be amended
to read in its entirety as follows: 2. The Planning Commission
shall hold a public hearing upon each properly submitted
application for a variance or conditional use permit.
21. That the third sentence of section 21.76.220(C)(2) be amended
to read in its entirety as follows: The Planning Commission shall
cause to be sent to each owner of property within a distance of
300 feet of the exterior boundary of the lot or parcel of land
~ described in such application notice of the time and place of
the hearing, a description of the property involved and the
provisions of this chapter from which a variance is sought or
conditions precedent to the issuance of a conditional use permit.
r
_ _ _ ~_ ~ 7 - ~ _._ _ _ ___ _ ______ ~ ~ T .,~ _ _ . _.~ .__w~
. RESOLUTION N0. PZ 78 21 ~ ,,,Qage Four
22. That the title of•section 21.76.230 be amended to read in its
entirety as follows: Appeals (board).
PASSED BY THE ADVISORY PLANNING AND ZONING COR'Q4ISSION of the City of
Kenai, Alaska, this 18th day of July, 1978.
RO D OND,
ATTEST:
o en e~ais
Planning Secretary
S
~ r
~ ~ ~-
~ _~ A_ _
CITY OF KENAI
RESOLUTION N0. PZ 78-24
A RESOLUTION OF THE ADVISORY PLANNING ANB ZONING COMMISSION OF THE
CITY OF KENAI• RECOMMENDING AMENDMENT OF THE KENAI MUNICIPAL DISTRICT
ZONING CODE, CHAPTER 21.76, KENAI PENINSULA BOROUGH CODE OF
ORDINANCES.
WHEREAS, planning and zoning requires continuous review and updates,
i and
WHEREAS, the Kenai Municipal District Zoning Code has not been updated
since 1975, and
WHEREAS, the Advisory Planning and Zoning Commission of the City of
j Kenai has reviewed, in detail, recent changes in State statutes and
Borough ordinances governing planning and zoning, and
WHEREAS, the Borough Assembly has referred this matter to the Advisory
Planning and Zoning Commission for comment and public hearing.
NOW, THEREFORE, BE IT RESOLVED, by the Advisory Planning and Zoning
Commission of the City of Kenai, Alaska to recommend that the
Borough Assembly pass the following proposed amendments to the Kenai
Municipal District Zoning Code, Chapter 21.76, Kenai Peninsula Borough
Code of Ordinances: '
i
j 1. That section 21.76.070(B)(1)(a) be amended to read: a. One
~ and two family dwellings..
I
1 2. That section 21.76.080(B)(1). be amended to read in its entirety
as follows:
a. One and two family dwellings
b. Churches, provided that no part of any building is located
nearer than 30 feet to any adjoining lot or street line
c. Conditional uses as specified in section 21.76.140
d. Uses other than those permitted by this ordinance which
were specifically provided for in convenants of plats which
were valid at time of approval-and recording of such plats
are not affected by restrictions of such uses by this ordinance.
3. That section 21.76.080(C)(1) be amended to read in its entirety
as follows: 1. Minimum lot area - 7,200 square feet.
r
T - --~
. ._~RSSOLUTION N0. PZ 78AT.4
.,page Two
4. That section 21.76.140(F) be amended to read as follows:
F. Conditional uses in RR Zone.
1. Multi-family group housing developments with up to four
(4) units may be permitted provided that the following conditions
are met:
a. Maximum lot coverage - 30;;
b. Yards around the site, off-street parking and other
development requirements shall be the same as for principal
uses in the RR zone;
c. Water and sewer facilities shall meet the requirements of
all applicable health regulations;
d. 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;
e. The buildings shall be used only for residential purposes
and customary accessory uses, such as garages, storage spaces
and recreational and community activities;
f. There shall be provided, as part of the proposed development,
adequate recreation areas to serve the needs of the anticipated
population;
g. The development shall not produce a volume of traffic in
excess of the capacity for which the access streets are designed;
h. The property adjacent to the proposed dwelling group will
note be adversely affected.
2. Mobile home parks may be permitted subject to Section 21.76.180
and provided that they meet the minimum FHA requirements.
3. Greenhouses and tree nurseries and animal boarding establishments
may be permitted provided that setbacks, buffer strips and other
provisions are adequate to assure that the use will not be a
nuisance to surrounding properties. The planning commission shall
specify the conditions necessary to fulfill this requirement.
(Ord. 74-70 S1 (part) , 1974 : KPC S20.30.140) .
S. That section 21.76.140(G) be amended to read as follows:
G. Conditional uses in RS Zone:
1. Multi-family group housing developments with up to six (6)
units may be permitted providing that the following conditions
are met:'
a. Maximum lot sizes
Duplex 7,200
Triplex 8,400
Fourplex 9,600
Fiveplex 10,800
Sixplex 12,000
as follows:
square feet
square feet
square feet
square feet
square feet
L_ .. ~. ~ L .. _ _ ___,. _ _ ________ _~__ -______.
•' RESOLU'T'ION N0. PZ 7'~ 24
?age Three
b. Yards around the site, off-street parking and other
development requirements shall be the same as for principal
uses in the RS zone;
c. Water and sewer facilities shall be adequate to supply
the development. A letter of agreement between the applicant
and the City shall accompany the application.
d. The proposed dwelling group will constitute a residential
area of sustained desirability and stability that will be in
harmony with the character of the surrounding neighborhood and
will not adversely affect surrounding property values;
e. The buildings shall be used only for residential purposes
and customary accessory uses, such as garages, storage spaces,
and recreational and community activities;
f. There shall be provided, as part of the proposed development,
adequate recreation areas to serve the needs of the anticipated
population;
g. The development shall not produce a volume of traffic in
excess of the capacity for which the access streets are designed;
h. The property adjacent to the proposed dwelling group will
not be adversely affected.
2. Mobile home parks may be permitted subject to Section
21.76.180 and provided that they meet the minimum FHA requirements.
6. That section 21.76.140(H) be amended to read:
H. Conditional Uses in RU, CG, IL and IH Zones.
1. Crematories operated as part of .and in the same structure
as,a mortuary may be permitted provided that no indication of
said use shall be evident from the exterior of the mortuary.
2. Restaurants may be allowed in the RU zone, provided that
the proposed location and the characteristics of the site will
not destroy the residential character of the neighborhood
7. That section 21.76.140(I) be amended to lead:
I. Conditional uses in IH Zone.
1. Gas manufacture and storage may be permitted provided that
all applicable safety and fire protection regulations are met.
PASSED BY THE KENAI ADVISORY PLANNING AND ZONING COMMISSION of the
City of Kenai, Alaslaa, this 18th day of July , 1978.
ATTEST:
or en ea s
Planning~Secretary