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HomeMy WebLinkAboutPZ09-34the city of KENAI, AO.AS CITY OF KENAI PLANNING AND Zt.NIING COMMISSION RESOLUTION N• "ZO9 -34 Suggested by Council 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) ADD LANGUAGE TO FOOTNOTE 25 TO CLARIFY THAT TATTOO PARLORS ARE PERSONAL SERVICES; AND; 4) REQUIRE 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, 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, 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. New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] PZ09 -34 Page 2 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF' KENAI, ALASKA, this 24th day of JUNE 2009. ZONING DISTMCTS RESIDENTIAL Mil willimeimminim ED R TSH LC ma LAND USES C RR RRI RS RS1 One Family Dwelling CIS P P P P P rauga®® S C P P P S Tworrhree Family Dwelling C P P P P P P 11111111111111111 C P P P S' /C Four Family Dwelling C' P C N N P P2I ®IMM11®© P C S' /C Five/Six Family Dwelling e C N ra N N P P S' P C S /C Seven or More Family Dwelling C 11111 N IIII N N P P S' C 11111111111111 S /C Townhouses4 ISIUMMI©IMMIMI C C C C C C C22 C Mobile Home Parks N C C C N C III Planned Unit Residential Development' C C C C 111 C C C N 1111111 C C COMMERCIAL .IIII LAND USES C RR1 RS RS1 RS2 RU m CG ED TSH LC CMU Automotive Sales N C C N N N C Ex P griri© P Automotive Service Stations ©11111 C N C Ell P P P N C ©mi C EIMEN`MOIMI©© C P P WI C N C S ervic Business/Consumer 111111111111111111111111 P 111111 N C C P Guide Service C C C N N C P prampu© P P P Hotels /Motels C MEI C N N C P rairino©� p Ei P Lodge C C C N N C P ©1121© ©111111 C P Professional Offices N C C C N N P P P ®EUCHEI P Restaurants N III C C N N C P P ©©©U1111®© lill P S 151 C C P Retail Business C C C N N C P P Wholesale Business IIIII C C ]V C C P A N S 24 C Theaters /Commercial Recreation IIIIIIIIIIIIIIIIIIIIIC P P C 111 N P C Resolution No. PZ09 -34 14.22.010 Land use table. ILEX: P Principal Permitted Use C Conditional Use 5 Secondary Use N Not Permitted LAN ,p USE TABLE Page 1 of 4 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LAND USES C RR RR' RS RS1 RS2 RU CC CG IL HI ED R TSH LC CMU Airports and Related Uses P2° C C C N N C P P P P NC N NC 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 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 RSI RS2 RU CC CG IL III 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 P P'° P P 10 P ia P P '0 PI6 C C P 13' 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 CC 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 F 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 RRI RS RS1 RS2 RU CC CG IL III ED R TSH LC CMU Animal Boarding 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 P P C P Cemeteries C C C C N N N 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 P P 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 -34 KEY: P Principal Pennitted 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 1R111 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Gunsrnithing, Printing, Taxidermy N C C C C C C P P P P N C P P P Assemblies" (Large: Circuses, Fairs, Etc.) C C C C C C C p'5 Pu5 p15 Pis pts C p N pis Fraternal Organizations/ Private Clubs /Social Halls and Union Bails N C C C C C C P F P C N C P C P Nursing, Convalescent or Rest Homes 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 I' 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 [Pi P /C P Radio/TV Transmitters /Cell 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 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 See42 Telecommunications Act of 1996, See. 704(a) See, however, the limitations unposed under KMC Footnotes: 1. Allowed as a secondary use except on the Commercial or industrial which falls under in the landscaping and site plans. 2. One (1) single- family residence per parcel, 3. Allowed as a conditional use, subject to satisfying a. The usable area per dwelling unit shall b. The site square footage in area must c. Yards around the site, off-street parking, zone; d. Water and sewer facilities shall meet e. The proposed dwelling group will constitute the character of the surrounding neighborhood, f. The buildings shall be used only for recreational and community activities; g. There shall be provided, as part of the population; h. The development shall not produce a i. The property adjacent to the proposed 4. See "Townhouses" section. 5. See "Mobile Homes" section. and Institutionalized 3.10.070 ground floor of the landscaping which is part of the following be the same be approved by and other Persons Act of 2000) the part of the building fronting /site plans requirements of the main building. conditions: as that required for dwelling the Commission; development requirements shall of all applicable health regulations; area of sustained desirability will not adversely affect surrounding and customary accessory adequate recreation in excess of the capacity will not be adversely affected. on collector KMC 14.25 shall units in the RS zone; be the same as streets and major highways. include any secondary uses for principal uses in the RR will be in harmony with values; garages, storage spaces, and the needs of the anticipated streets are designed; the requirements a residential and residential purposes proposed development, volume of traffic dwelling group and stability; property uses, such as areas to serve for which the access Resolution No. PZ09 34 KEY: P Principal Permitted Use C Conditional Use S Secondary Use N Not Permitted 14.22.010 LAN Page 3 of 4 USE TABLE NOTE: Reference footnotes on following pages for additional restrictions Personal Services Permitted(P) Use(C) Art Studios X _Conditional 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 -34 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 inet: 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. 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.