HomeMy WebLinkAboutResolution No. PZ77-14September 15, 1977
CITY OF KENAI
Ca plat 4
P. O. SOX 580 KENAI, ALASKA 99611
TELEPHONE 283 7535
TO: The Honorable Mayor and City Council
FROM: The Kenai Advisory Planning and Zoning Commission
SUBJECT: Statement of Facts City of Kenai Resolution No. 77 -14
The Kenai City Planning and Zoning Commission entered into a
review of the current zoning code several months ago with two
primary intentions in mind, the first was to comply with a request
of the Borough Planning Department that all the Borough cities
review and update their zoning codes where necessary and the
second was to explore means to better protect, the rights of the
inhabitants of the City without imposing unne <essary restrictions
on the use of their property. We found very few things which we
felt needed changing in the zoning code as it is now written.
We have held two public meetings at the City level and the Borough
held one pertaining to this issue and the City Commission reviewed
and discussed the items at numerous regular meetings, and we are
now at the stage of scheduling another public hearing on the
changes we believe should be enacted into the code.:
The sections of the Kenai City Zoning Code which deal with the
Rural Residential and Suburban Residential zones are the areas
where we propose major changes. We propose restricting the
primary use of the property in these areas to single and two
family dwellings and allowing other and higher density use only
with conditional use permits." We believe this is the best means
of providing protection without prohibiting development that does
not infringe on the rights of adjacent property owners.
As the demand for higher density housing increases in areas
served by community water and sewer we believe rezoning to Urban
Residential is preferrable to uncontrolled multi- family housing
development as it allows the residents and owners of the effected
areas to have a voice and some control of their community. Our
proposal respects the rights of existing convenanted subdivisions
and would apply only to future developments.
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The numbering of the following comments coincide with the proposed
zoning changes:
1. Restricting the principal development of Rural Residential
zones to one and two family dwellings is in keeping with the
intent of the zone as defined in the Kenai City Zoning Code.
2. Other cities have experienced problems by allowing off street
parking in residential areas. Principal offense is to provide
parking in a residential area which serves an adjacent
commercial development.
3. The State and Borough regulations regarding on -site water
supply and sewage disposal govern the minimum lot size allowable
in a Rural Residential area.
4. The change of zone from Rural Residential to Suburban is not
automatic when an area is provided with approved community
water and sewer systems.
5. To be consistent with the low density
lot coverage would be restricted to a
6. This is a standard zoning regulation
area in restricting structure heights
intent of this zone the
maximum of 30
for a Rural Residential
7. Restricting the principal development of Suburban Residential
zones to one and two family dwellings is consistent with the
intent of the zone as defined in the Kenai City Zoning Code.
8. The same definition applies as is item #2 above.
9. The provisions governing multi- family dwellings in this zone
are provided in 21.76.040 F.
10. To provide for medium density development in a Surburban
Residential zone the maximum lot coverage is restricted to
35
11. This is a standard zoning regulation for Suburban Residential
zones.
12. This is only to clarify the language and is not a change of
intent.
13. The language and punctuation were changed and day care centers
added to this section of the zoning code. There is no change
of intent in this section.
14. Day care centers are allowed as conditional use in RU, CC and
CG zones.
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15. The separation of the sections of the zoning code pertaining
to the RR and RS zones is intended to reduce confusion and
to provide better definition of the conditional uses.
16. The explanation in item #15 also applies here.
17. This renumbering is due to other changes in this section and
the inclusion of the allowing of restaurants in a RU zone is
consistent with the intent of the zone.
18. No change of intent, only number designation.
19. Incorporated as a part of item #15.
20. Kenai City ordinance prohibits parking in the street during
the snow season and existing zoning regulations do not
require adequate off the street parking. This zoning change
is intended to provide improvement in this area.
CITY OF KENAI
RESOLUTION NO. PZ 77 -14
A RESOLUTION OF THE ADVISORY PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI RECOMMENDING AMENDMENT OF THE KENAI MUNICIPAL
DISTRICT ZONING CODE, CHAPTER 21.76, KEANI PENINSULA BOROUGH CODE
OF ORDINANCES.
WHEREAS, planning and zoning requires continuous review and updates,
and
WHEREAS, the Kenai Municipal District Zoning Code has not been
updated since 1975, and
WHEREAS, the Advisory Planning and Zoning Commission of the City
of Kenai has reviewed, in detail, recent changes in State statutes
and Borough ordinances governing planning and zoning, and
WHEREAS, the Borough Assembly has referred this matter to the
Advisory Planning and Zoning Commission for comment and Public Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Advisory Planning and Zoning
Commission of the City of Kenai, Alaska to recommend that the
Borough Assembly pass the following proposed ammendments to the Kenai
Municipal District Zoning Code, Chapter 21.76, Kenai Peninsula
Borough Code of Ordinances:
1. That section 21.76.070 B.1.a. be amended to read:
a. One and two family dwellings;
2. That section 21.76.070 B.2. be amended to delete
subparagraph b., renumbering subparagraphs c. and d.
as b. and c. respectively;
3. That section 21.76.070 C.1. be amended to read:
1. Minimum lot area in accordance with Borough
Platting Ordinance or State Law, whichever
governs;
4.. That section 21.76.070 C.3.d. be amended to delete
"shall automatically" and substitute "may
5. That section 21.76.070 C.4. be amended to read:
4. Maximum lot coverage for single family
dwelling 30
6. That section 21.76.070 C.6. be added to read in its
entirety as follows:
6. Maximum height 2 1/2 stories, or 35 feet,
whichever is less;
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7. That section 21.76.080 B.1. be amended to read in
its entirety as follows:
a. One and two family dwellings
b. Churches, provided that no part of any
building is located nearer than 30 feet to
any adjoining lot or street line
c. Conditional uses as specified in section
21.76.140
d. Uses other than those permitted by this
ordinance which were specifically provided
for in covenants of plats which were valid
at time of approval and recording of such
plats are not affected by restrictions of
such uses by this ordinance;
8 That section 21.76.080 B.2. be amended to delete
subparagraph b., renumbering subparagraphs c. and d.
as b. and c. respectively.
9 That section 21.76.080 C.1. be amended to read in
its entirety as follows:
1. Minimum lot area 7,200 square feet;
10. That section 21.76.080 C.4. be amended to read in
its entirety as follows:
4. Maximum lot coverage 35%
11. That section.21.76.080 C.7. be added to read in its
entirety as follows:
7. Maximum height 2 1/2 stories or 35 feet,
whichever is less;
12. That section 21.76.090 B.2. be amended to read:
2. Secondary uses same as secondary uses
permitted in the RR Zone;
13. That the first sentence of section 21.76.140 D.1.
be amended to read as follows:
1. Elementary schools, high schools, colleges,
day -care centers, hospitals, and sanitariums
may be permitted provided that the following
conditions are met:
14. That the first sentence of section 21.76.140 E.1.
be amended to read as follows:
1. Governmental buildings, public libraries,
public off street parking lots, day -care
centers, and other public facilities
serving the entire community may be permitted
provided that the following conditions are met:
'xr;bULU'1'IUN NU. FL 14
15. That section 21.76.140 F. be amended to read as
follows:
F. Conditional uses in RR Zone.
1. Multi family group housing developments
with up to four (4) units may be permitted
provided that the following conditions are
met:
a. Maximum lot coverage 30
b. Yards around the site, off street
parking and other development
requirements shall be the same as
for principal uses in the RR zone;
c. Water and sewer facilities shall
meet the requirements of all
applicable health regulations;
d. 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;
e. The buildings shall be used only for
residential purposes and customary
accessory uses, such as garages,
storage spaces and recreational and
community activities;
f. There shall be provided, as part of
the proposed development, adequate
recreation areas to serve the needs
of the anticipated population;
g. The development shall not produce a
volume of traffic in excess of the
capacity for which the access streets
are designed;
h. The property adjacent to the proposed
dwelling group will not be adversely
affected.
2. Mobile home parks may be permitted subject to
Section 20.30.180 and provided that they meet
the minimum F.H.A. requirements.
3. Greenhouses, tree nurseries and animal
boarding establishments may be permitted
provided that setbacks, buffer strips and
other provisions are adequate to assure that
the use will not be a nuisance to surrounding
properties. The planning commission shall
specify the conditions necessary to fulfill
this requirement. (Ord. 74 -70 Sl(part),
1974: KPC 520.30.140).
RESOIdTION NO. PZ 77 -1
16. That section 21.76.140 G. be amended to read as follows:
G. Conditional uses in RS Zone:
1. Multi- family group housing developments with
up to six (6) units may be permitted providing
that the following conditions are met:
a. Minimum lot sizes as follows:
Duplex 7,200 square feet
Triplex 8,400 square feet
Fourplex 9,600 square feet
Fiveplex 10,800 square feet
Six plex 12,000 square feet
b. Yards around the site, off street
parking and other development
requirements shall be the same as
for principal uses in the RS Zone;
c. Water and sewer facilities shall be
adequate to supply the development.
A letter of agreement between the
applicant and the City to provide
water and sewer services shall
accompany the application;
d. The proposed dwelling group will
constitute a residential area of
sustained desirability and stability
that will be in harmony with the
character of the surrounding
neighborhood and will not adversely
affect surrounding property values;
e. The buildings shall be used only
for residential purposes and customary
accessory uses, such as garages,
storage spaces and recreational and
community activities;
f. There shall be provided, as part of
the proposed development, adequate
recreation areas to serve the needs
the anticipated population;
g. The development shall not produce a
volume of traffic in excess of the
capacity for which the access streets
are designed;
h. The property adjacent to the proposed
dwelling group will no...be adversely
affected.
2. Mobile home parks may be permitted subject
to Section 20.20.180 and provided that they
meet the minimum F.H.A. requirements.
17. That section 21.76.140 H. be amended to read:
H. Conditional Uses in RU, CG, IL and IH Zones.
1. Crematories operated as part of and in the
same structure as a mortuary may be permitted
provided that no indication of said use shall
be evident from the exterior of the mortuary.
2. Restaurants may be allowed in the RU zone,
provided that the proposed location and the
characteristics of the site will not destroy
the residential character of the neighborhood.
18. That section 21.76.140 I. be amended to reau:
I. Conditional uses in IH Zone.
1. Gas manufature and storage may be permitted
provided that all applicable safety and fire
protection regulations are met.
19. That section 21.76.140 J. be deleted.
20. That section 21.76.190 F.4. and F.5. be amended to read
in their entirety as follows:
Off Street Parking
4. Multiple family dwellings and other places
containing dwelling units 2 spaces per
dwelling unit up to 150 units, 1 space
per unit thereafter;
5. Single family dwellings, two family dwellings
and parish houses 2 parking spaces per each
dwelling unit;
PASSED by the Advisory Planning and Zoning Commission of the City of
Kenai, Alaska, this day of 1977.
ATTEST:
Paula A. Kidd, Planning Secretary
ROLAND RAYMOND, CHAIRMAN