HomeMy WebLinkAbout2009-09-23 Planning & Zoning Packet - Work SessionCITY OF KENAI
PLANNING ZONING
COMMISSION
Work Session Reminder
Immediately Following The
MEETING
September 23, 2009
Amendment to Kenai Municipal Code
KMC 14.20.250 Front Yard Parking
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EEL ALASKA
MEMO:
TO: Planning Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: September 15, 2009
SUBJECT: Front Yard Vehicle Parking
'Village with a Past G# with a Fctitkre
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 283 -7535 FAX: 907 283 -3014
In June 2009, the Commission was presented with information regarding vehicles being parking
in front yards. The Commission requested the information be brought back for a work session.
This has been an ongoing issue. In 2001, a proposed amendment was discussed which would
have restricted using front yards for vehicle parking. The Commission postponed action and
requested additional consideration in the following areas:
The proposed amendment should require building setbacks be maintained;
specifically in the front yard.
The code should define parking area. (The code was amended in 2005 to define
private parking space.)
o Parking space, private means any automobile parking space, excluding garages,
not less than nine feet (9') wide and one hundred eighty (180) square feet in
total area.
Clarification of what constitutes an improved surface. (KMC 14.20.250 Off street
Parking Loading Requirements identifies design standards as requiring a durable,
well- drained, and dust -free surface.) Should this specify:
o Gravel
o Stone
o Blacktop or equivalent
Should the amendment regulate zones with smaller lot sizes? (i.e. Suburban
Residential versus Rural Residential)
11
Attachments
Would requiring screening eliminate the adverse impact?
Based on Internet research, it appears that several communities are struggling with the same
issue should communities restrict using front yards for parking? Residential zoning historically
is designed to provide residential development that is stable, attractive development. Zoning
should provide development guidelines that provide for uniformity in permitted uses and
protection for the integrity of zone. As the Commission considers whether or not to draft an
amendment, it is important to consider that it is the Commissions' responsibility to draft
legislation that provides for individual property rights as well as protection for neighboring
properties. To that end, I believe a basic regulation that provides for the following could meet
those guidelines:
Set a guide for percentage of front yard that must be maintained. Lot coverage
requirements are established for structures but not for yards and driveways. The
code defines front yard.
o Yard, front means a yard extending across the full width of the lot between the
front lot line of the lot and the nearest exterior wall of the building which is the
nearest to the front lot line.
Identify area(s) where parking may be located on the lot. It is recommended that
some setback be retained for side and rear setbacks. (Parking areas require
maintaining side setbacks or use criteria from KMC 14.20.200(1) (2); three feet.)
Establish requirements for improved surfaces for driveways.
For discussion purposes, I've attached photographs and some basic drawings. Also attached is
the information prepared by Ms. Carver in December relating to the issue. Ms. Carver, who
deals most often with front yard parking complaints, will be available to answer questions.
These photographs are provided for discussion purposes.
Setbacks:
Front 25'
Rear 20'
Side
Varies from:
5 -15'
I
Yard, front means a yard extending across the full width of the lot between the
front lot line of the lot and the nearest exterior wall of the building which is the
nearest to the front lot line.
Yard, side means a yard on each side of the main building and extending from the
front lot line to the rear lot line. The width of the required side yard shall be
measured horizontally from the nearest point of a side lot line to the nearest part of
the main building.
Yard, rear means a yard extending across the full width of the lot between the
most rear main building and the rear lot line.
Rear Yard
Front Yard
the cry of
KENAv ALASKA
MEMO:
TO: Marilyn Kebschull, Planning Administrator
FROM: Nancy Carver, Planning Zoning Assistant
DATE: December 30, 2008
SUBJECT: Front -Yard Vehicle Parking
1 14Ila e with a Past, C# with a Future /7
210 Fidalgo Avenue, Kenai, Alaska 9961 1 -7794
Telephone: 907- 283 -75351 FAX: 907-283-3014 1111/
1992
The Planning Zoning Department has been responsible for Code Enforcement
since November, 2007. Since then, numerous complaints have been received
relating to property owners using front yards for parking in residential zones.
There are currently no codes restricting parking in yards. Enclosed are photos
taken of various properties using front yards for parking. These examples
include other code violations (junk vehicles) that have been addressed.
In 2001, the Planning and Zoning Commission considered a recommendation to
Council to amend KMC 14.20.250 to provide that no motor vehicle may be
parked in the "Front Yard That discussion was also prompted by complaints
from neighboring property owners. The Commission decided not to proceed with
a public hearing at that time. A copy of the resolution from 2001 and minutes
from the meeting wherein this was discussed is attached.
I would like the Commission to once again consider recommending an
amendment restricting using the front yard for parking /storage.
CITY OF KENAI
PLANNING ZONING COMMISSION
PZ01 -59
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA, THAT KMC 14.20.250 BE AMENDED TO PROVIDE THAT NO MOTOR
VEHICLES (INCLUDING SNOWMACHINES AND ALL TERRAIN VEHICLES), BOATS OR
TRAILERS MAY BE PARKED IN THE "FRONT YARD" (AS DEFINED IN KMC 14.20.320)
UNLESS IN A GARAGE, CARPORT, PARKING STALL OR IMPROVED DRIVEWAY, AND
PROHIBITING THE PARKING OF SUCH VEHICLES IN "FRONT YARDS" ON
UNIMPROVED SURFACES SUCH AS DIRT AND GRASS.
WHEREAS, the parking of motor vehicles (including all- terrain vehicles and snow
machines), boats and trailers in the "front yard" of residences outside of driveways,
garages, carports, parking stalls is aesthetically unattractive;
WHEREAS, parking such vehicles in the "front yards" of residential areas may cause
the property values of nearby residences to decline;
WHEREAS, it is in the best interest of the City of Kenai to enact an ordinance
regulating the parking of motor vehicles, boats and trailers in the "front yards" of
residences.
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS
THE COUNCIL OF THE CITY OF KENAI, ALASKA amend KMC 14.20.250 by adding
KMC 14.20.250(c)(1) (2) as set forth below:
14.20.250 Off street parking and loading requirements
(c)(1) No motor vehicles (including snowmobiles and all- terrain vehicles),
boats or trailers may be parked upon the "front yard," as defined in KMC
14.20.230, of a premises employed for residential use unless within a
garage, carport or parking stall or upon an improved driveway leading
directly from the roadway to the garage, carport or parking stall. As used in
this section, the term "driveway" means an improved road designed to
provide direct access for vehicles between a street and private garage,
carport or parking stall.
(2) No parking of motor vehicles (including snowmobiles and all- terrain
vehicles), boats or trailers is allowed in the front yard, as defined in KMC
14.20.320, of a premises used for residential purposes upon any
unimproved surfaces. As used in this section, the term "unimproved
surfaces" includes, but is not limited to, grass and dirt surfaces.
Resolution PZ01 -59
Page 2 of 2
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 14th day of November 2001.
Chairman
ATTEST:
Erwin
Yes
Glick
Yes
Nord
Yes
Morse
Yes
Aaronson
Yes
Bryson
Yes
Goecke
Yes
VOTE:
MOTION PASSED UNANIMOUSLY.
ITEM 6:
ITEM 7:
7 -a. PZO1 -57 Home Occupation Permit (Day Care) —For the property
known as Lot 1, Woodcock Subdivision (1902 Aliak Drive). Application
submitted by Joyce Woodcock, 1902 Aliak Drive, Kenai, Alaska.
Approved by consent agenda.
7 -b, PZO1 -58 Home Occupation Permit (Day Care) —For the property known
as Lot 16, Block 4, Kenai Peninsula Estates Subdivision Part 2 (860
Sand Dollar Drive). Application submitted by Diane M. Stockdale, 860
Sand Dollar Drive, Kenai, Alaska.
Approved by consent agenda.
7 -c. PZO1 -59 A Resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska, recommending to the Council of the City of Kenai,
Alaska, that KMC 14.20.250 be amended to provide that no motor
vehicles (including snowmachines and all- terrain vehicles), boats or
trailers may be parked in the "front yard" (as defined in KMC 14,20.320)
unless a garage, carport, parking stall or improved driveway, and
prohibiting the parking of such vehicles in "front yards" on unimproved
surfaces such as dirt and grass.— Discussion.
MOTION:
OLD BUSINESS None
NEW BUSINESS
Commissioner Bryson MOVED to approve PZ01 -59 and Commissioner Morse
SECONDED the motion.
Kebschull explained the City received many complaints about residential yards being
used as parking lots, the current code did not address parking for residential zones,
and the proposed resolution would provide the City with an ordinance to deal with the
PLANNING ZONING COMMISSION MEETING
OCTOBER 24, 2001
PAGE 3
many complaints. Kebschull provided photos of two yards within the City clearly
giving an idea of what the problem entailed. Kebschull added, one neighbor was
having a lot of difficulty selling his home because of the overcrowded yard next door.
Kebschull stated she checked with other cities within the state to see how they handle
the situation and those who responded did not have an ordinance in place.
Commissioner Bryson expressed concern the resolution would be too restrictive,
especially to those properties that are narrow, long and a good distance away from the
setback. Commissioner Bryson also expressed concern the resolution did not
differentiate between residential and commercial lots and stated he did not feel the
resolution was anywhere near ready for a public hearing.
Commissioner Aaronson also expressed concern with the resolution, as he was
concerned with residents not being able to park a boat in their yards. Aaronson
suggested a fence could be the solution.
Councilwoman Porter noted she was speaking as a resident and not as a council
member. Porter stated there were several awful yards within the City which she felt
the City needs some type of tool to be able to enforce this bad situation. Porter asked
if the City had checked with other cities in the State to see if they had an ordinance
that addresses junked yards. Kebschull replied the cities who responded did not have
an ordinance in place. Kebschull continued with a response to Bryson's concern of
the commercial zones being affected by the resolution. Kebschull noted there was an
ordinance addressing commercial zones and the parking and storage areas were
clearly defined. The ordinance also required a site plan for commercial zones and
there wasn't anything in place for residential zones, with the exception of the junked
vehicle ordinance.
Porter recommended Administration be given some guidance in developing an
ordinance that is enforceable. Commissioner Glick agreed that something needed to
be done but the wording in the proposed resolution was not acceptable.
Commissioner Nord stated the examples (photographs) provided were disgusting but
was pleased Administration was attempting to do something about it. Nord continued,
although she has complained several times about junked yards she was opposed to
taking private property rights away from residents, however excessive amount of
vehicles, etc., was a problem. Nord thought perhaps staff should develop less
restrictive wording and agreed the proposed resolution was not ready for public
hearing.
Commissioner Bryson recommended the following be considered for the revised
resolution:
6 Rather than use the definition of the "front yard" use building setback
line.
Create a definition for a parking area.
PLANNING ZONING COMMISSION MEETING
OCTOBER 24, 2001
PAGE 4
Glick
Yes
Nord
Yes
Morse
Yes
Aaronson
Yes
Bryson
Yes
Erwin
Yes
Goecke
Yes
Bryson reiterated he thought it was premature for the resolution to go to public
hearing.
Councilman Bannock noted the following:
The issue of enforcement was discussed at the last council meeting and
it was noted Administration currently works from a complaint- driven position so they
need something to refer to when they notify someone of a code violation.
In viewing the photos, he thought the one yard was close to his house
and could possibly be taken care of by the junked vehicle ordinance.
What troubled him was most of the exampled violations were automotive
and marine related and thought a case could be made with the current ordinances on
the book.
6 Council was looking at the overall enforcement and code violation issue.
Aaronson also thought, after looking at the photos, the junked car ordinance would
apply.
Kebschull explained the City did not have right of entry and could not go on an
individual's property to have the owner start a vehicle. If it is observed from the street
that the license is expired or parts are missing, then the City could take action.
A lengthy discussion ensued regarding junked vehicles, those that are not registered,
etc. It was decided the issue should be returned to the City Attorney and staff would
come back with other options.
MOTION:
Commissioner Bryson MOVED to postpone PZ01 -59 until brought back by
Administration and Commissioner Glick SECONDED the motion.
VOTE:
The term parking stall needs to be defined.
O Incorporate some component of screening that would serve the intent of
the ordinance.
Clarification should be given to grade improvement.
MOTION PASSED UNANIMOUSLY.
PLANNING ZONING COMMISSION MEETING
OCTOBER 24, 2001
PAGE 5