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HomeMy WebLinkAbout2009-04-08 Planning & Zoning Packet - Work SessionCITY OF KENAI PLANNING & ZONING COMMISSION Work Session Reminder Immediately Following The MEETING April 8, 2009 - Amendment to KMC 14.22.010 -Land Use Table - Amendment to KMC 14.25 - LandscapelSite Plans i ~•..~ CITY OF KENAI PLANNING AND ZONING COMMISSION _ _ .,~~ ~- RESOLUTION NO. PZ09- the city v f NEHA~ SI{A 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 PERSONAI. SERVICES, RESTAURANTS AND DORMITORIES/BOARDING HOUSES FROM PRINCIPAL PERMITTED USES {P) TO CONDITIONAL USES (C) IN THE LIMITED COMMERCIAL ZONE {LC) AND 2) ADDING LANGUAGE TO FOOTNOTE 25 TO CLARIFY THAT TATTOO PARLORS ARE PERSONAL SERVICES AND ALSO REQUIRING THEM TO HAVE A CONDITIONAL USE PERMIT IN THE TSH ZONE, WHEREAS, currently the Land Use Table in KMC 14.22.010 allows personal services, restaurants and dormitories/boarding houses in the Limited Commercial (LC) Zane as a Principal Permitted Use (P); and, WHEREAS, requiring a conditional use permit for such uses in the LC Zone would allow far greater public input regarding those uses in the LC Zone; anal, 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, tattoo parlors are considered personal services and as such are a principal permitted use in the TSH; and, WHEREAS, it is in the best interest of the City of Kenai to require tattoo parlors to get conditional use permits in the TSH Zone. 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 day of 2009. ATTEST: CHAIRMAN New text underlined {DELETED TEXT BRACKETED AND ALL CAPS] PZ09- Attachment "A" 14.22A10 Land use table. LAND USE TABLE I{EY: P =Principal Permitted Use C =Conditional Use S =Secondary Use N -Not Permitted Page 1 of 4 NOTB: Reference footnotes on following pages far additional restrictions ZONING DISTRIC TS RESIDENTIAL LAhID USES C RR RRl RS RSI RS2 RU CC CG IL IH ED R 'I'SH LC CMU One Family Dwelling C'g P P P F F P P~' S' SZ SZ C'Z F P P S'/CZ' Two(I'hree Family Dwelling CE8 P P P P P P PZ' S' C C CZZ P P P S'ICK' Four Family Dwelling C1B P C3 P N N P PZ' S° C C C22 N P C 5'/C21 FivelSix Family Dwelling C1B Cs N P N N P PZ' S' C C N N P C S'/CZ~ Seven or More Family Dwelling C's C' N C' N N P P21 S' C C N N P C S'/CZ~ Townhouses4 C1B C C C C C C C C C C C~a C C C C Mobile Homo Parks6 N C C C C C C C C C C N C N C C Planned Unit Residontial Development C'B C C C C C C C C C C N C C C C COMMERCIAL LAND USES C RR RR1 RS RSI RS2 RU CC CG IL IH 1~D R TSH LC CMU Automotive Sales N C C N N N G 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 Banks N C C C N N C P P P C N C C C P BusinesslConsumer 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 F C P Hotels/Motels N C C C N N C P P P C N C P C F Lodge N C C C N N C P P P C N F F C P Professional Offices N C C C N N F P P P P N C P F F Restaurants N C C C N N C P P F C N C C [P] C P Rotail Business N26 C C C N N C P P P P S24 S'" C C P Wholesale Business N C C C N N C C P P P N S~ C C N Theaters/Commercial Recreation N C C C N N C P F C C N P C C P PZ09-Attachment "A" Page 2 of 4 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 rostrictions ZONING DIS TRIC TS INDUSTRIAL LAND USES C RR RRl RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Airports and Related Uses P2° C C C N N C P A 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 C' Cg N N N N N Manufacluring/Fab~icating/ Assembly N C C C N N C C P P P N C C N C Mini-Storage Facility N C C C N N C C 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 F P P N C N N N PUBLICI INSTITUTIONAL LAND USES C RR RRl RS R51 RS2 RU CC CG IL IH ED R TSH LC CMU Charitable Institutions C C C C C C F P P P F F C P C P Churches* C pio pio Pto P10 P'0 P'0 P'° P'0 C C P P'0 P P P Clinics C C C C C C C F P P C C C C P P Calleges* C C C C C C C P P C C P C C C P Elementary Schools* C C C C C C C P P C C P C C C P Govermnental $uildings C C C C C C C P P P C P C C P P High Schools* C C C C C C C P P C C P C C C P Hospitals* C C C C C C C P P F C C C C C P Libraries* C C C C C C C'Z P P P C P C P C P Museums C C C C C C C P P P C P C P C P Fatks and Recreation P C C C 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 C C C C C MISCELLANEOUS LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IA ED R TSH LC CMU Animal8oarding13 C C C C C N N C C C C N C N C C Bed and Breakfasts C C C C C C C C C C C N C C C P Cabin Rentals C C C C N N N P P P C N F P C P Cemeteries C C C C N N N N C C C N C C N N CretmatorieslFune~al Homes N C N C N N C C C C C N C C C C Day Care Centers'Z C C C C C C C P P P C C C C P P DonnitorieslBoai~ling Houses C C C C C C P PZ' S C P P~3 C C [P] C P Essential Services P P P P P P P P P P P P P F P P FarminglGeneral Agriculture**~` P P N N N N N N N N P N P N N N Greenhouses free Nurseries'r C C C C C C C P F P C N C C P P PZ09- Attachrrlent "A" K)?Y; P =Principal Permitted Use C ~ Conditional Use S =Secondary Use N = Nvt Permitted Page 3 of 4 14.22.010 LAND USE TAHLE NOTE: Reference footnotes on following pages for. additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RR1 RS RS1 RS2 RU CC CG IG 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 {barge; C C C C C C C P's P's Prs Pis P`s C P N P's Circuses, Fairs, Etc.) FraternalOrganizationsl 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 Resk Homes Parking, Off-Street P P P P P P P P P P P P P P P P Parking, Public Lots32 C C C C C C C C C C C C C C C C Personal Services C C C C C C C P P P P C C P~ [P] P C Radio/TV Transmitters/Cell P P C C C C C P P P P P C C C P Sites** Recreational Vehicle Parks C C C C N N C C C C C N C C N C Subsurface Extraction of C C C C C C C C C C C N C N N N Natural Resources16 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. 20DOce (Religious Land Use and Ltstitutionalized Persons Act of 2000) ** Seo 42 Telecommunications Act of 1996, Sec. 7D4(a) *** See, however, the limitations irnpased 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 ]andscaping/siteplens 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 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 satne as for principal uses in the 12R 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 properly 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 tho 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, S. See "Mobile Homes" section. PZ09- Attachment "A" Page 4 of 4 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. ~ ] 0. Provided that no part of any building is located nearer than thirty {3D) 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 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, l3. 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. 1 S. 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 zono. 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, 18. Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144-2D06. 20. Tho airport related uses allowed under this entry are aircraft approach zones per ICMC 14.20.07D(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, For example, housing for teachers or students for a school in the zone. 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), 2S. Art studios, barbers, beauticians, tattoo, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. In rho TSH zone, tattoo parlors are allowed as a conditional use. 26. Food services are allowed on a temporary or seasonal basis of not more khan four {4) months per year. ~.~~'•~ ~ CITY OF KENAI _.y~:~~- PLANNING AND ZONING COMMISSION -` =~~' - RESOLUTION NO. PZ09- the crty o f A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT: 1} KMC 14.25.Q40(b) BY REQUIRING ASIX-FOOT HIGH WOODEN FENCE OR MASONRY WALL BE CONSTRUCTED TO SHIELD BETWEEN RESIDENTIAL AND COMMERCIAL USES; 2) KMC 14.25.Q45 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 regulatians 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 day of 2009. CHAIRMAN ATTEST: New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] 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/bufferlondscaping 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 bedsl6uffers that meet all of the following minimum standards: 1. 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 (6') 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') high wood fence or masonry wall must be constructed to shield between residential and commercial uses. Where a fence or wall has been constructed under this subsection, the landscaping bed required under subsection (b)(1) above may be natural ve etg ation. 3.~2.] Ground Cover. One hundred percent (l 00%) within three (3) years of planting and continuous maintenance so there will be no exposed soil. Flower beds maybe considered ground cover. ~3.] Trees and/ar 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 ar visual enhancement landscaping is recommended to accent ar complement buildings, to identify and highlight entrances to the site, and to provide far 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 Iandscaping 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- AttachmenY "A" Page 1 of 3 (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 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 far 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 landscapinglsite 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. 1. Paving is required for "commercial development" including a multifamily development requiring a building permit valued at ane 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: PZ09- Attachment "A" Page 2 of 3 (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. Properties adiacent to residential zones should ~ravide ingress and a rg ess to ensure commercial traffic is routed away from residential streets,.,,,,Access should be from an arterial street._ Developments may be required to develop frontage roads and are encoura eg d 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 far individual cases, provided the Administrative Official finds that a special individual reason makes the strict letter of this chapter impractical and that the modif cation is in conformity with the intent and purposes of this chapter bL1 Ana licant ma a 1 for a variance from the re uirements of this cha ter usin the process and standards set out, in KMC 14.20.180. PZ09- Attachment "A" Page 3 of 3 Anthony's Transmission, Drivetrain & General Automotive Repair Owner: Anthony Pisa 5584 Kenai Spur Hwy Kenai, AK 99611 Tele:907~283~0924 Fax:907-283-0925 I am writing to you about the concerns we have on the rezoning issues. We are a small automotive repair business that opened the first of June 2005. At that time our goal was to purchase the property and building within a few years. From our understanding, the property zoning was either commercial or conditional which fit and would fit our immediate and future needs and goals. At some tune there was a mailing that went out to property owners concerning a rezone of the area. As we are not the owners of the property we did not receive a notice and were still under the impression that the zone was commercial. We are now looking to buy the building and property, but are unable to meet the growing needs of the community with the current space our business has to offer under the limited commercial use. We are asking you to consider a rezone from linuted commercial to conditional use so we can move forward with our business plan and became a respectable and prosperous business that the community can rely an and use at their disposal. We are very happy with the location of our business. Our goal is to expand on the length of the building which would add an additional four service bays and vehicle lift racks. We appreciate your time about this matter and will see you April 9f'' at the council meeting. Thank you, Anthony and Raquel Pisa Marilyn Kebschuf f ~_~~~~~ From: Steve Rickman [bslayersrickman@gmail.com] Sent: Monday, March 02, 2009 10:28 AM To: Marilyn Kebschuf! Subject: Rezone changes fo the "f"ond Use Table" To Marilyn I~ebschull, AICP I would like to follow up our verbal conversation regarding my comments to the purported changes to the "Land Use Table". Due to the requirements of the Landscaping plan that affords a specific delineation between residential use and limited commercial use. Those requirements would sufficiently isolate the residents from any limited commercial activity allowed in the present "Land Use Table" and no changes to the table should be made. Any new business that wants to establish itself in the area of concern will have to put out substantial capital in order to develop the property. The concern about certain businesses ie tattoo parlors, massage parlors and other personal services; are businesses that operate in older low rent buildings on-the outskirts of town. Will the "Land Use Table" changes for "Limited Commercial" affect all areas within the City of Kenai? If so, what kind of issues arise for existing business that would no longer be "Permitted". If the business were to burn down, it could not be rebuilt. Or are the proposed "Land Use Table" changes specific to the rezone area of concern only? If so then isn't this in general a spot zone? I agree with proposed Ordinance No *-2009 and 14.25.040 Landscaping plan-Performance criteria. Of course any of the requirements in the plan are only as good as what the city is willing to enforce. I am skeptical that the city is willing to force compliance by the example at present, of the person in the affected neighborhood who has signage on their borne which violates city statutes. The city is turning a blind eye to the violation and I suppose that the residents should not complain if any commercial development does not comply. Regards, Steve Rickman S 10 Magic Please feel free to contact me if you have further questions.