HomeMy WebLinkAboutPZ09-27the a f
tLENA� ALASKA
SUBSTITUTE
Suggested by Administration /Councilman Eldridge
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ09 -27
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 SOME 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) ADD LANGUAGE TO FOOTNOTE 25 TO CLARIFY THAT TATTOO PARLORS
ARE PERSONAL SERVICES; AND; 5) REQUIRE TATTOO PARLORS AND MASSAGE
THERAPISTS TO HAVE A CONDITIONAL USE PERMIT IN THE TOWNSITE HISTORIC
ZONING DISTRICT (TSH) AND TATTOO PARLORS, MASSAGE THERAPISTS, DRY
CLEANERS AND SELF SERVICE LAUNDRIES TO HAVE A CONDITIONAL USE PERMIT
IN THE LIMITED COMMERCIAL ZONE (LC).
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) ton of allow ed
(N) in the Limited Commercial (LC) Zone; and,
WHEREAS, tattoo parlors and massage therapists 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 K enai to require tattoo parlors and
massage therapists to get conditional use permits in the TSH.
New text underlined [DELETED TEXT BRACKETED AND ALL CAPS]
PZ09 -25 Substitute
Page 2
WHEREAS, tattoo parlors, massage therapists, dry cleaners and self service laundries
are considered personal services and as such are a principal permitted use in the LC
Zone; and,
WHEREAS, it is in the best interest of the City of Kenai to require tattoo parlors,
massage therapists, dry cleaners and self service laundries to get conditional use
permits in the LC Zone.
NOW, THEREFORE, IT IS RECOMMENDED TO THE COUNCIL OF THE CITY OF
KENAI, ALASKA, amend the City of Kenai Code of Ordinances as shown on Attachment
"A.
PASSED BY THE PLANNING AND ZONING COMMI
ALASKA, this 27th day of MAY 2009.
THE TY OF KENAI,
CHAIRMAN
ZONING DISTRICTS
RESIDENTIAL
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
One Family Dwelling
C18
P
P
P
P
P
P
P21
S'
S
S2
02
P
P
P
S /C
Two/Three Family Dwelling
C'
P
P
P
P
P
F
P
S
C
C
C
P
P
P
S' /C
Four Family Dwelling
C
P
C
P
N
N
P
P
S
C
C
C
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
C
C
C
C
C
C
C
C
C
C
C
C22
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
C
C
C
C
C
C
C
C
C
C
N
C
C
CC
COMMERCIAL
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
III
ED
R
TSH
LC
CMU
Automotive Sales
N
C
C
N
N
N
C
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
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
Hotels/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
j1
C
P
Retail Business
N26
C
C
C
N
N
C
P
P
P
P
S
S
C
C
P
Wholesale Business
N
C
C
C
N
N
C
C
P
P
P
N
S
C
C
N
Theaters /Colmnercial
Recreation
-N
C
C
C--
N
C
P
C
N
P
C
C
P
Resolution No. PZ09 -27 Attachment "A"
14.22.010 Land use table.
KEY: P Principal Pennitted 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
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Airports and Related Uses
P
C
C
C
N
N
C
P
P
P
P
N
C
N
N
C
Automotive Repair
N
C
C
C
N
N
C
P
P
P
P
N
N
N
[N]
C
P
Gas Manufacturer /Storage
N
N
C
C
N
N
N
N
N
C
C
N
N
N
N
N
Manufacturing/Fabricating/
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
P
P
P
N
C
N
N
N
PUBLIC/
INSTITUTIONAL
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
1I1
ED
R
TSH
LC
CMU
Charitable Institutions
C
C
C
C
C
C
P
P
P
P
P
P
C
P
C
P
Churches*
C
pro
p 10
p ro
p l°
p 10
p ro
P ia
pt°
c
c
P
P
P
P
P
Clinics
C
C
C
C
C
C
C
P
P
P
C
C
C
C
P
P
Colleges*
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
Governmental Buildings
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
P
C
C
C
C
C
P
Libraries*
C
C
C
C
C
C
C
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
Parks 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
IH
ED
R
TSH
LC
CMU
Animal Boarding'
C
C
C
C
C
N
N
C
C
C
C
N
C
N
C
C
B 1 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
NN
P
P
P
C
N
P
P
C
P
Cemeteries
C
C
C
C
N
NN
N
C
C
C
N
C
C
N
N
Crematories/Funeral Homes
N
C
N
C
N
N
C
C
C
C
C
N
C
C
C
C
Day Care Centers
C
C
C
C
C
C
C
P
P
P
C
C
C
C
P
P
Donnitories /Boarding
Houses
C
C
C
C
C
C
P
P
S
C
P
P�
C
C
[P]
C
P
Essential Services
P
P
P
P
P
P
P
P
P
P
P
P
P
P
PP
Fanning/General
Agriculture
P
P
N
N
N
N
N
N
N
N
P
N
P
N
N
N
Greenhouses/Tree
Nurseries
C
C
C
C
C
C
C
P
P
P
C
N
C
C
[P]
C
P
Resolution No. PZ09 -27 Attachment "A"
KEY: P Principal Permitted Use
C Conditional Use
S w Secondary Use
N Not Peitimitted
LAND USE TABLE
Page 2 of 4
NOTE: Reference footnotes on following pages for
additional restrictions
ZONING DISTRICTS
MISCELLANEOUS
LAND USES
C
RR
RR1
RS
1181
RS2
RU
CC
CG
IL
IH
ED
R
TSB
LC
CMU
Gunsmithing, Printing,
Taxidermy
N
C
C
C
C
C
C
P
P
P
P
N
C
P
P
P
Asse3nblies (Large:
Circuses, Fairs, Etc.)
C
C
C
C
C
C
C
P'5
P13
P15
P'5
P15
C
P
N
P
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 Holmes
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
P
P
Parking, Public Lots
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
P25
(P]
P /C
P
Radio/TV Transmitters /Celt
Sites
P
P
C
C
C
C
C
P
P
P
P
P
C
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 Resouites
C
C
C
C
N
N
C
N
C
C
C
N
C
N
N
N
See 42 USCA Sec. 2000cc
See 42 Telecommunications
See, however, the limitations
Fo otnotes:
1. Allowed as a secondary
Commercial or industrial
in the landscaping and
2. One (1) single- family
3. Allowed as a conditional
a. The usable area
b. The site square
c. Yards around
zone;
(Religious Land Use and InstitutionaFzed Persons Act of 2000)
Act of 1996, Sec. 704(a)
imposed under KMC 3.10.070
use except on the ground floor of the part of the building fronting on collector streets and major highways.
which falls under the landscaping /site plans requirements of KMC 14.25 shall include any secondary uses
site plans.
residence per parcel, which is part of the main building.
use, subject to satisfying the following conditions:
per dwelling unit shall be the same as that required for dwelling units in the RS zone;
footage in area must be approved by the Commission;
the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR
facilities shall meet the requirements of all applicable health regulations;
dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with
the surrounding neighborhood, and will not adversely affect surrounding property values;
shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and
community activities;
provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated
shall not produce a volume of traffic in excess of the capacity for which the access streets are designed;
to the proposed dwelling group will not be adversely affected,
section.
--d. Water and sewer
e. The proposed
the character of
f. The buildings
recreational and
g, There shall be
population;
h. The development
i. The property adjacent
4. See "Townhouses" section.
5. See "Mobile Homes"
Resolution No. PZ09 -27 Attachment "A"
KEY; P Principal Pennitted 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
Personal Services
Permitted(P)
Conditional Use(C)
Art Studios
X
Barbers
X
Beauticians
X
Dressmakers
X
Dry -Cleaners
X
Self- Service Laundries
X
Fitness Centers
X
Massage Therapist
X
Photographic Studios
X
Tailors
X
Tanning Salons
X
Tattoo Parlors
X
Resolution No. PZ09 27 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 Pennit 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 pennitted 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 tattoo parlors and massage therapists 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.
27.
Limited Commercial Zone
Personal Services not set forth in the above matrix are conditional uses.