HomeMy WebLinkAboutResolution No. PZ2011-06the clty of
KENAIMANIA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ11 -06
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION
RECOMMENDING KENAI CITY COUNCIL AMEND CHAPTER 14.24, "DEVELOPMENT
REQUIREMENTS TABLES," OF THE KENAI MUNICIPAL CODE TO CHANGE THE
SETBACK REQUIREMENTS ON PROPERTIES WITHIN THE AIRPORT PERIMETER
FENCE AND MAKING TECHNICAL CORRECTIONS.
WHEREAS, there is limited land available for development in the airport perimeter;
and,
WHEREAS, development along airport taxiways and the apron is severely restricted by
the Building Restriction Line identified in the Airport Layout Plan which line
establishes at least a 50 foot setback; and,
WHEREAS, development on the airport lands is also governed by the City's fire and
building codes as well as by the City Zoning Code, although the development
standards of each Code can differ; and,
WHEREAS, under the City's fire and building codes, a building can be placed on the
lot line, however the setback requirements under the Kenai Zoning Code would
require the developer to obtain a variance for a development on a lot line; and,
WHEREAS, while a variance would be required to provide an exception to the side
setback requirements, these developments would not typically qualify for a variance
under the standards for issuance of a variance as set out in KMC 14.20.180; and,
WHEREAS, these multiple standards tend to restrict development that could
otherwise occur safely under the City's building and fire codes and that would
otherwise comply with the Airport Layout Plan; and,
WHEREAS, by amending the Kenai Zoning Code to provide for an exception to the side
setback requirements for development within the airport perimeter fence along
taxiways and the apron, this airport land could be developed to the maximum
standard provided by the City's fire and building codes; and,
WHEREAS, an exception to the side setback requirements for this particular type of
land would promote economic development within the airport as the standards are
simplified and made more uniform; and,
WHEREAS, an amendment to the development requirements tables to provide an
exception for side setbacks for these lots within the airport perimeter fence would also
maintain presenration of the public's safety because these same developments must
still meet the requirements of the City's building and fire codes.
New Text Underlined; [DELETED TEXT BRACKETED[
ZONING DISTRICTS
USES
C /RR
RR1
RS
RS1
RS2
RU /TSH
IL /IH /CC /CG /CMU
R
ED
LC
MINIMUM LOT
WIDTH (feet)
90
90
60
60
60
60
See individual
sections of Code for
requirements
90
90
90
MINIMUM LOT
SIZE (feet)
Front Setback'
25
25
25
25
25
10
25
25
25
25
Side Setback 5
15
15
15
5
10
15
5
10
15
5
10
15
5
10
15
5
5
5 4
10
10
10
15
15
15
15
15
15
15
15
15
One Story
Daylight
Basement/
Split Level
Two- Story
Rear Setback
20
20
20
20
20
10 4
10
20
20
20
Maximum Lot
Coverage
30%
30%
30%
30%
30%
40%
30%
30%
30%
Maximum
Height (feet)
35
35
35
35
35
35
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING
COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI,
ALASKA, AMEND CHAPTER 14.24, "DEVELOPMENT REQUIREMENTS TABLES," as
follows:
Section 1. Form: This is a Code ordinance.
Section 2. Amendment of Section 14.24.020 of the Kenai Municipal Code: The Kenai
Municipal Code: The Kenai Municipal Code, Section 14.24.020, General
Requirements, is hereby amended to read as follows:
Table 14.24.020
DEVELOPMENT REQUIREMENTS TABLE
New Text Underlined; [DELETED TEXT BRACKETED]
ZONING DISTRICTS
USES
C /RR
RR1
RS
RS1
RS2
RU /TSH
IL /IH /CC /CG /CMU
R
ED
LC
Footnotes:
(1) Provided that the minimum front setback is measured from any right -of -way or access easement.
(2) Side setbacks are determined independently from the front view of the structure. Plot plan/as
will distinguish single and two -story portions of building to verify setback distances are met.
(3) Story is that portion of a building included between the upper surface of any floor and the upper
surface of the floor next above or the ceiling or roof above.
One -story is defined as a story having direct access from grade level without a lower story. A
structure having a lower story situated below a one -story is considered a one -story structure in
entirety.
Two -story is defined as one -story plus more than one -half (1/2) the height of the lower story all
situated above grade.
Daylight basement /split level is defined as one -story plus less than one -half (1/2) the height of
lower story all situated above grade.
For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished
surface of the ground between the building and a line five (5) feet from the building.
(4) Except that for each story over two (2) stories, each side and rear yard shall be increased three
feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear
yard.
(5) Side setbacks for parcels within the airport perimeter fence are not required for parcels along
-built
its
the
(3)
certain airport taxiways and the apron as further set forth in KMC 14.24.030.
Section 3. Amendment of Section 14.24.030 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 14.24.030, Addendum to development requirements tables,
is hereby amended to read as follows:
New Text Underlined [DELETED TEXT BRACKETED(
14.24.030 Addendum to development requirements tables.
[A. [ADDITIONAL REQUIREMENTS.
1. MINIMUM YARDS.] (a) Yards for Corner Lots. The minimum side yard on the
street side, or platted right -of -way, or government easement, of a corner lot shall be
the same as the minimum front yard required for that zone. The front yard shall be
determined as being the area between the main entrance to the building and the
street, right -of -way, or government easement.
[2. MAXIMUM HEIGHTS.] (b) Height Limitation of Structures Near Airport. All
structures in aircraft- approach zones and within eight thousand feet (8,000') of the
main runway shall be subject to height limitation on the basis of obstruction criteria
as shown on the current FAA approved Kenai Airport Layout [MASTER] Plan
[DRAWINGS WHICH ARE ON FILE AT KENAI CITY HALL].
(c) Side Setback Requirements Within the Airport Perimeter Fence. Parcels
contained in the airport perimeter fence situated along aircraft movement areas,
ramps, taxiways, or parkingaprons are exempt from the side setback requirements of
this Title. The Building Restriction Line identified on the Airport Layout Plan must be
maintained.
Section 4. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 5. Effective Date: Pursuant to KMC 1.15.070(0, this ordinance shall take
effect one month after adoption.
Dated at Kenai, Alaska this day of 2011.
ATTEST;
New Text Underlined; [DELETED TEXT BRACKETED]
the er y of
KENAIV ALASKA
Suggested by: Planning Zoning Commission
CITY OF KENAI
ORDINANCE NO. -2011
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
CHAPTER 14.24, "DEVELOPMENT REQUIREMENTS TABLES," OF THE KENAI
MUNICIPAL CODE TO CHANGE THE SETBACK REQUIREMENTS ON PROPERTIES
WITHIN THE AIRPORT PERIMETER FENCE AND MAKING TECHNICAL
CORRECTIONS.
WHEREAS, there is limited land available for development in the airport perimeter;
and,
WHEREAS, development along airport taxiways and the apron is severely restricted by
the Building Restriction Line identified in the Airport Layout Plan which line
establishes at least a 50 foot setback; and,
WHEREAS, development on the airport lands is also governed by the City's fire and
building codes as well as by the City Zoning Code, although the development
standards of each Code can differ; and,
WHEREAS, under the City's fire and building codes, a building can be placed on the
lot line, however the setback requirements under the Kenai Zoning Code would require
the developer to obtain a variance for a development on a lot line; and,
WHEREAS, while a variance would be required to provide an exception to the side
setback requirements, these development would not typically qualify for a variance
under the standards for issuance of a variance as set out in KMC 14.20.180; and,
WHEREAS, these multiple standards tend to restrict development that could otherwise
occur safely under the City's building and fire codes and that would otherwise comply
with the Airport Layout Plan; and,
WHEREAS, by amending the Kenai Zoning Code to provide for an exception to the side
setback requirements for development within the airport perimeter fence along
taxiways and the apron, this airport land could be developed to the maximum
standard provided by the City's fire and building codes; and,
WHEREAS, an exception to the side setback requirements for this particular type of
land would promote economic development within the airport as the standards are
simplified and made more uniform; and,
WHEREAS, an amendment to the development requirements table to provide an
exception for side setbacks for these lots within the airport perimeter fence would also
maintain preservation of the public's safety because these same developments must
still meet the requirements of the City's building and fire codes.
New Text Underlined; [DELETED TEXT BRACKETED]
ZONING DISTRICTS
USES
C/R
R
RR1
RS
RS1
RS
2
RU /TS
H
IL /IH /CC /CG /CM
U
R
ED
LC
MINIMUM
LOT WIDTH
(feet)
90
90
60
60
60
60
See individual
sections of Code for
requirements
90
90
90
MINIMUM
LOT SIZE
(feet)
Front
Setback'
25
25
25
25
25
10
25
25
25
25
Side
15
15
15
5
10
15
5
10
15
5
10
15
5
10
15
5
5
5
10
10
10
15
15
15
15
15
15
15
15
15
Setback2, 6
One Story
Daylight
Basement/
Split Level
Two Story
Rear
Setback
20
20
20
20
20
10
10
20
20
20
Maximum
Lot Coverage
30%
30%
30
30%
30
40%
30%
30
30
Maximum
Height (feet)
35
35
35
35
35
35
Ordinance No. -2011
Page 2 of 5
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City of Kenai Code of Ordinances is hereby amended as follows:
Section 1. Form: This is a Code ordinance.
Section 2. Amendment of Section 14.24.020 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 14.24.020, General Requirements, is hereby amended to read
as follows:
Table 14.24.020
DEVELOPMENT REQUIREMENTS TABLE
New Text Underlined; [DELETED TEXT BRACKETED]
ZONING DISTRICTS
USES
C/R
R
RR1
RS
RS1
RS
2
RU /TS
H
IL /IH /CC /CG /CM
U
R
ED
LC
Footnotes:
(1) Provided that the minimum front setback is measured from any right -of -way or
access easement.
(2) Side setbacks are determined independently from the front view of the structure.
Plot plan /as -built will distinguish single and two -story portions of building to verify
setback distances are met.
(3) Story is that portion of a building included between the upper surface of any floor
and the upper surface of the floor next above or the ceiling or roof above.
One -story is defined as a story having direct access from grade level without a lower
story, A structure having a lower story situated below a one -story is considered
one -story structure in its entirety.
Two -story is defined as one -story plus more than one -half (1/2) the height of the
lower story all situated above grade.
Daylight basement /split level is defined as one -story plus less than one -half (1/2)
the height of the lower story all situated above grade.
For purposes of these footnotes, Grade is defined as the lowest point of elevation
the finished surface of the ground between the building and a line five (5) feet from
the building.
(4) Except that for each story over two (2) stories, each side and rear yard shall be
increased three (3) feet, but need not exceed fourteen (14) feet for each side yard
and nineteen (19) feet for the rear yard.
(5) Side setbacks for parcels within the airport perimeter fence are not required for
a
of
parcels along certain airport taxiways and the apron as further set forth in KMC
14.24.030.
Ordinance No, -2011
Page 3 of 5
Section 3. Amendment of Section 14.24,030 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 14.24.030, Addendum to development requirements tables, is
hereby amended to read as follows:
New Text Underlined; [DELETED TEXT BRACKETED[
Ordinance No. -2011
Page 4 of 5
14.24.030 Addendum to development requirements tables.
[A. [ADDITIONAL REQUIREMENTS.
1. MINIMUM YARDS.] Lai Yards for Corner Lots. The minimum side yard on the
street side, or platted right -of -way, or government easement, of a corner lot shall be
the same as the minimum front yard required for that zone. The front yard shall be
determined as being the area between the main entrance to the building and the
street, right -of -way, or government easement.
[2. MAXIMUM HEIGHTS.] (b) Height Limitation of Structures Near Airport. All
structures in aircraft- approach zones and within eight thousand feet (8,000') of the
main runway shall be subject to height limitation on the basis of obstruction criteria
as shown on the current FAA approved Kenai Airport Layout [MASTER] Plan
[DRAWINGS WHICH ARE ON FILE AT KENAI CITY HALL].
(c) Side Setback Requirements Within the Airport Perimeter Fence. Parcels
contained in the airport perimeter fence situated along aircraft movement areas,
ramps, taxiways, or parking aprons are exempt from the side setback requirements of
this Title. The Building Restriction Line identified on the Airport Layout Plan must be
maintained.
Section 4. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 5. Effective Date; Pursuant to KMC 1.15.070(f), this ordinance shall take
effect one month after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of
2011.
ATTEST:
Carol L. Freas, City Clerk
PAT PORTER, MAYOR
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. -2011
Page 5 of 5
New Text Underlined; [DELETED TEXT BRACKETED]
Introduced: 2011
Adopted: 2011
Effective: 2011