Loading...
HomeMy WebLinkAboutPZ09-20KENAI, CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ09 -20 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THE LAND USE TABLE IN KMC 14.22.010 BE AMENDED TO: 1) CHANGE THE USES OF PERSONAL SERVICES, RESTAURANTS, DORMITORIES /BOARDING HOUSES AND GREENHOUSES /TREE NURSERIES FROM PRINCIPAL PERMITTED USES (P) TO CONDITIONAL USES (C) IN THE LIMITED COMMERCIAL ZONE (LC); 2) CHANGE MOBILE HOME PARKS FROM CONDITIONAL USE (C) TO NOT PERMITTED (N) IN THE LIMITED COMMERCIAL ZONE (LC); 3) CHANGE AUTOMOTIVE REPAIR FROM NOT PERMITTED (N) TO CONDITIONAL USE (C) IN THE LIMITED COMMERCIAL ZONE (LC); 4) ADDING LANGUAGE TO FOOTNOTE 25 TO CLARIFY THAT TATTOO PARLORS ARE PERSONAL SERVICES; AND; 5) REQUIRING TATOO PARLORS TO HAVE A CONDITIONAL USE PERMIT IN THE TOWNSITE HISTORIC ZONING DISTRICT (TSH). WHEREAS, currently the Land Use Table in KMC 14.22.010 allows personal services, restaurants, dormitories /boarding houses and greenhouses /tree nurseries in the Limited Commercial (LC) Zone as a Principal Permitted Use (P); and, WHEREAS, automotive repair should be reclassified from not allowed (N) to conditional use (C) in the Limited Commercial (LC) Zone; and, WHEREAS, requiring a conditional use permit for such uses in the LC Zone would allow for greater public input regarding those uses in the LC Zone; and, 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, mobile homes should be reclassified from conditional use (C) to not allowed (N) in the Limited Commercial (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." New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] PZ06 -20 Page 2 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 22nd day of April 2009. CHAIRMAN ZONING DISTRICTS RESIDENTIAL LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSB LC CMU One Family Dwelling C P P P P P P P S' S S2 C22 P P P S'1C Two/Three Family Dwelling C P P P P P P P S' C C Cat P P P S'/C Four Family Dwelling C18 P C P N N P P S C C C22 N P C S' /C Five /Six Family Dwelling C C N P N N P P S' C C N N P C S'/C Seven or More Family Dwelling C C N C N N P P S' C C N N P C S' /C Townhouses' C18 C C C C C C C C C C C C C C C Mobile Horne Parks N C C C C C C C C C C N C N [C] N C Planned Unit Residential Development' C'a C C C C C C C 0 C C N C C C C COMMERCIAL LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Automotive Sales N 0 C N N N 0 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 13anks N C C C N N C P P P C N C C C P Business /Consumer 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 P C P 1- Iotels /Motels N C C C N N C P P P C N C P C P Lodge N C C C N N C P P P C N P P C P Professional Offices N C C C N N P P P P P N C P P P Restaurants N C C C N N C P P P C N C C [P] C P Retail Business N26 C C C N N C P P P P Std 824 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 0 N N C P P C C N P C C P PZ09 20 Attachment "A" 1422.010 Land use table. KEY: P Principal Permitted Use C Conditional Use S Secondary Use N Not Permitted LAND USE TABLE Page 1 of 4 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL MIME= LAND USES El RR RR1 RS RSI ®m CG IH ED R LC CMU Airports and Related Uses C C C N ©mi P P MI P N MIEN N C Automotive Repair N C C C MEE P P P P [N] C Gas Manufacturer /Storage N N N N N C N N N N N Manufacturing/Fabricating/ Assembly N III N C C P 111 P N C C N C Mini- Storage Facility C C C N N pig' P P P N N N C C Storage Yard c C C N ©mm P P P N NEE N C Warehouses C C N ©m N P P P N B© N N PUBLIC/ INSTITUTIONAL _.■.....MEM Eiggaggiimgm Charitable institutions C RR RRI RS RU CC CG IL III ED LC CMU C C C C P P P P P C P C P 13=1- c C pin pm pur pro pia pro pro c c Pr° m P P C EMMEN© C P P P C lanal C P P Colleges C C C C C P P C E I P C C C P Elementary Schools* C 112111.11.1 C C C P P 112111131 P C C C P Governmental Buildings C 11:411.3111.11 C m C P .211,211131 P C C P P High Schools* 111111EMI C m C P ©MI C P® C C P Hospitals* C MEM C m C P P P ISIEIEI C C P Libraries* .11111.111 C m C' P P P P C P Museums 111/111111® C m C P P ril�© C P C P Parks and Recreation El C C C m C P P P P P P C P Assisted Living C E C C C C C m. C C C C C C C MISCELLANEOUS LAND USES RR1 RS RSI RS2 m CC CG ED ri TSH LC CMU Animal Boarding C C C N N C C N C C Bed and Breakfasts 1111 C C C C C C C C 11111311©© C C P Cabin Rentals 00 C C N N N m P Iglini© P P C P Cemeteries C C C N N C El©131m N N Crematories /Funeral Homes C N C N C m�� �©E C C C Day Care Centers' C C C 0 C 0 C Ell WI 1121 C m P P Dormitories /Boarding Houses C C MEM P Film P P C C [P] C P Essential Services P• P P P P P P P P P P P P P P Farming/General g/General Agriculture* Agriculture*** UM N N N N N P N P N N Greenhouses /Tree Nurseries" 0 C P P P C N C C [P] C P PZ09 -20 Attachment "A" KEY: P Principal Permitted Use C Conditional Use S Secondary Use N =Not Permitted LAND USE TABLE Page 2 of 4 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RRI RS RSI RS2 RU CC CG IL IH ED R TSH LC CMU Gunsmithing, Printing, Taxidermy N C C C C C C P P P P N C P PP Assemblies (Large: Circuses, Fairs, Etc.) C C C C C C C P15 pis p 15 pis 13 15 C p N 1315 Fraternal Organizations/ Private Clubs /Social Halls and Union Halls N C C C C C C P P P C N C P C P Nursing, Convalescent or Rest 1 -Tomes N C C C C C C P P C C C C C C P Parking, Off Street P P P P P P P P P P P P P P PP Parking, Public Lots C C C C C C C C C C C C C C CC Personal Services C C C C C C C P P P P C C P [P] C P Radio/TV Transmitters /Cell Sites P P C C C C C P P P P PC C C P Recreational Vehicle Parks C C C C N N C C C C C N C C N C Subsurface Extraction of Natural Resources" C C C C C C C C C C C N C N N N Surface Extraction of Natural Resources" C C C C N N C N C C C N C N N N See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) See 42 Telecommunications Act of 1996, Sec. 704(a) See, however, the limitations imposed 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 landscaping/site plans requirements of KMC I4.25 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; Yards around the site, off- street parking, and other development requirements shall be the same as for principal uses in the RR 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 property 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 the 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. 5. See "Mobile Homes" section. PZ09 -20 Attachment "A" KEY: P Principat Permitted Use C Conditional Use S Secondary Use N Not Permitted 14.22.010 LAND USE TABLE Page 3 of 4 NOTE: Reference footnotes on following pages for additional restrictions PZ09 -20 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. 10. Provided that no part of any building is located nearer than thirty (30) 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. 13. 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. 15. 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 zone. 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 -2006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(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). 25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. In the TSH zone, tattoo parlors are allowed as a conditional use. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year.