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2011-04-27 Planning & Zoning Packet - Work Session
MEMO: "Villag e with a Past, Ci with a Frttw'e 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -75351 FAX: 907 283 -3014 1111P 1992 TO: Planning Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: April 20, 2011 SUBJECT: Ordinance No 2546 -2011 Amendment to KMC 14.22.010 Land Use Table Rural Residential 1 (RR -1) Zone The Commission has been asked by Council to review a proposed amendment to KMC 14.22.010 Land Use Table for the Rural Residential 1 (RR -1) Zone. This proposed amendment would change 49 of the 60 uses (82 listed in the Land Use Table. Staff has several concerns regarding the proposed amendment and the schedule placed on the Commission to accomplish the review. The schedule placed on the Commission does not appear to provide sufficient time for the Commission or staff to thoroughly review the proposed changes and provide recommendation to Council. The City is beginning a review and revision of the Comprehensive Plan. During that process, existing and future land use will be reviewed and recommendations made. It seems premature to process any extensive zoning amendment prior to completion of the Plan and Administration recommends against the proposed amendment. However, due to Council's direction for review, the following should be considered by the Commission: 1. Of the 49 proposed changes, 38 uses would no longer be permitted. (78 2. The other 11 proposed changes, the development constraints placed on the Conditional Use Permits in the Footnotes would severely limit development, and in some cases, not allow a permit to be issued due to the restrictions. a. Footnote 22 (Four Family Dwelling) allows conditional use only in conjunction with the Education Zone. This does not apply to the RR -1 Zone. b. Footnote 29 is listed on all other land uses where conditional use is provided, Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a) driveway access on the Kenai Spur Highway, or (b) driveway access from a dedicated right -of -way and that driveway access is not more than 275 feet as measured from the centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing /survey of the parcel." In Three W's subdivision there is one property that may meet the criteria. In the other area, there may be four parcels that meet criteria listed in Footnote 29(b). On March 15, 2006, Ordinance No. 2144 -2006 became effective (copy attached). This ordinance removed Footnote 19, "Allowed as a conditional use provided that ingress and egress from the property is from the Kenai Spur Highway." The ordinance was adopted due to limitations on access to the Kenai Spur Highway by the State of Alaska, Department of Transportation. At that time, the Council believed that there were some developments that were appropriate along the Kenai Spur Highway and that the Planning Zoning Commission could consider the applications on a case -by -case basis. Administration supported adoption of Ordinance No. 2144 -2006 and continues to do so. 3. These two areas of the City, even though similarly zoned, are very much different. The MAPS area has changed significantly since the initial rezone in 1985. At that time, the area was further from the city center, lots were not served by water and sewer, and streets were not paved. Since 1985, the city has grown, water and sewer has been extended into the MAPS area, and streets have been paved. This area contains many small lots some as small as 12,196 square feet. The area is no longer outlying or rural and does not seem consistent with the intent of the RR zone, "The RR Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas." Three W's subdivision is located at approximately Mile 4.9 of the Kenai Spur Highway, east of the city center. The streets are gravel and the area is not served by city water and sewer. This area contains lots that are 40,000 square foot in size and larger. Three W's subdivision development appears consistent with the intent of the RR zone. 1 Ordinance No. 2144 -2006 removed Footnote 19 which had similar restrictions. Copy attached. Page 2 Zoning and land use will be reviewed during the Comprehensive Plan revision and land designations and rezones will be recommended. 4. Since the initial rezone in 1985, the MAPS residents have, as the record shows, been concerned about development in their neighborhood. In the packet of information provided by Councilor Molloy, a report is provided showing active Conditional Use Permits as of February 14, 2011 for the entire city and for the RR -1 zone. Based on that information, there is one (1) active Conditional Use Permit in the RR -1 zone. The record does not support the concern that the amendment be adopted without the necessary time to review the proposal. Based on the record, the existing method protects the neighborhood from uses the amendment would prohibit. 5. In 1997, a review of the Land Use Table was completed by the Planning Zoning Commission and City Council. The issue was interpretation of the table. At that time, the table was not fully populated and there were blanks instead of the P, C, S, or N we see today. Blanks had been interpreted either to require conditional use or to not be permitted. To eliminate the confusion, Ordinance No. 1766 -97 was adopted which became effective February 7, 1998. Attached is a copy of the ordinance and minutes from a joint work session held with Council and the Planning Zoning Commission. These minutes reflect the confusion, time spent reviewing the Land Use Table, and concern about "too many "N's In 2009, the Commission reviewed and discussed a proposed rezone of the MAPS Special Zoning District. The petition was withdrawn. During discussions on the proposed amendment, concern was noted related to restrictions placed on development by removing "C's" and replacing them with "N's The Commission should carefully review each of the proposed changes prior to making a recommendation to Council on the proposed amendment. 6. During public testimony, it has been stated that the neighborhood wants to go back to the zoning they petitioned for in 1985. The proposed rezone is more restrictive than the original zoning. (See attachment Ordinance No. 1009-85.) The above information was drafted quickly without sufficient time to completely research the record. Again, it is recommended that the Commission take sufficient time to complete a thorough review of the proposed ordinance and the possible effects of the ordinance prior to making any recommendation to Council. Without a thorough review, changes may be codified without realizing the possible ramifications. For example, under Miscellaneous Land Uses, Essential Services would become an "N." Essential Services include public facilities such as well houses and pump stations for the municipal water and sewer systems. Essential Services are permitted in all zones and should be permitted in the RR -1 zone. Page 3 Ordinance No. 2144 -2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ELIMINATING FROM THE KENAI ZONING CODE LAND USE TABLE (KMC 14.22.010] FOOTNOTE 19 THAT REQUIRES SOME CONDITIONAL USES IN THE RURAL RESIDENTIAL 1 (RR1) AND SUBURBAN RESIDENTIAL (RS) ZONES TO HAVE INGRESS AND EGRESS TO THE KENAI SPUR HIGHWAY. WHEREAS, Footnote 19 of the Kenai Zoning Code currently requires some conditional uses in the Rural Residential 1 and Suburban zones to have ingress and egress to the Kenai Spur Highway; and, WHEREAS, Footnote 19 states, "allowed as a conditional use provided that ingress and egress from the property is from the Kenai Spur Highway and, WHEREAS, the State of Alaska Department of Transportation limits highway access to the Kenai Spur Highway; and, WHEREAS, such limitations on access can prohibit development that is otherwise appropriate; and, WHEREAS, through the conditional use process, the Kenai Planning and Zoning Commission can consider on a case -by -case basis whether to place requirements regarding access to and from specific roads. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that Footnote 19 is removed from the Land Use Table in KMC 14.20.010 as shown in attached Exhibit A. PASSED BY THE COUNCIL OF THE C1TY OF KENAI, ALASKA, this 15th day of February, 2006. ATTEST: Carol L. Freas, City Clerk Suggested by: Planning and Zoning Commission CITY OF KENAI ORDINANCE NO. 2144 -2006 PAT PORT R, MAYOR Introduced: February 1, 2006 Adopted: February 15, 2006 Effective: March 15, 2006 •raW RESIDENTIAL IMEMEINIMMINIIHNEHIBMIll LAND USES C RR RR1 RS RS1 UM RU 11133111031.31 111 One Family Dwelling C KM P P P P P r ,21 EM S 2 S 2 Two/Three Family Dwelling ME P P WM P P 1' P21 Ell= C Four Family Dwelling C 18 P Ell P ME= P NM Si 1111 C Five/Six Family Dwelling C18 11111111111 P MI= P p 1111 C C Seven or More Family Dwelling mimmumimmEna P pu Ea C C Townhouses 4 11111111111111111MMIIIIMI C El C 11111 'C Mobile Home Parks 6 N INIMIEMMI11011 C Sill C INN C Planned Unit Residential Develo ment 7 MUM um RR C 11111111EMI, RS Mil RS1 C 11111111111111Eilla RS2 RU IMIN Elm c- cimml C iii COMMERCJAL -::,yglimmu LAND USES RR1 Automotive Sales N C 1131111111111==== P P Automotive Service Stations Ell= C 1121151111211.111 P P P P Banks 111111111111MMINEMEMIER P ffill P C Business/Consumer Services MilliMIE111111111111111 N NMI P P P C Guide Service MENMEEMINIEMEMINIMEM P P P Hotels/Motels NM= C 1.11111111.111 C =WI P C Lodge 11111111•1111111111111111111111211 C 110111/111131 c Professional Offices 22116111/11111111 11111111111111111111111111111E C N P .11 =Ell P P P P gal 1' C Retail Business 12111111111111311 C N Mil= P NM P P Wholesale Business Mill C 11111111111111111111111111111 P P P P Theaters/Commercial Recreation mininammuunummorm P C KEY: PPrjnI Use C=Conditional Use S=Secondary use N.--Not Permitted DRAFT LAI E TABLE LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL HI INDUSTRIAL LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL III Airports and Related Uses pxo C C C N N C p P P P Automotive Repair/Tire Recapping/Rebuilding N C C N N C P P P P Gas Manufacture/Storage N N C C N N N N N C9 C 9 Manufacturing/Fabricating/ Assembly Storage N C C C N N C C P P P iNareliouses N C C C N N C C P9 P P UBLIC INSTJTUTTQNAI1 LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL HI Charitable Institutions C C C C C C P P P P P Churches* C pia p p 10 p to p ut p Ill P IO p l0 C C clinics C C C C C C C P P P C Colleges* C C C C C C C P P C C Elementary Schools* C C C C C C C P P C C Governmental Buildings C C C C C C C P P P C High Schools* C C C C C C C P P C C Hospitals* C C C C C C C P P P C Libraries C C C C C C c12 P P P C Museums C C C C C C C P P P C Parks and Recreation P C C C C C c P r P P Sanitariums C C C C C C C C C C C N/LISCELL4MpuS, LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH Animal Boarding 13** C C C C C N N C C C C Bed Breakfasts C C C C c c c c c C C KEY: P=Prink.._,,..d Use C.Conditional Use S=Secondary use N= DRAFT LAI ,E TABLE V 1T qpixa LAND USES C RR RR1 RS RS1 RS2 RU CC CG 1L ZH Cabin Rentals C C C C N N N P P P C Cemeteries C C C C N N N C C C C Crematories/Funeral Homes N C N C N N C C C C C Day Care Centers 12 C C C C C C C P P P C Dormitories/Boarding Houses C C C C C C P p S C P Essential Services P P P P P P P P P P P 1<arrning/Gardening and General Agriculture* P P P P P P P P P P C Greenhouses/Tree Nurseries C C C C C C C P P P C Gunsmi thing, Printing, Taxidermy N C C C C C C P P P P Assemblages 15 (Large; Circuses, Fairs Etc.) C C C C C C C p15 p1e p15 p15 Fraternal Organizations /Private Clubs /Social Halls Union Hails N C C C C C C P P P C Nursing, Convalescent or Rest Homes N C C C C C C P P C C Parking, Off- Street P P P P P P P P P P P Parking, Public Lots 12 C C C C C C C C C C C Personal Services 25 C C C C C C C P P P P Radio/TV Transmitters /Cell Sites P P C C C C C P P P P Recreational Vehicle Parks C C C C N N C C C C C Subsurface Exttraction of Natural Resources 16 C C C C C C C C C C c Surface Extraction of Natural Resources C C C C N N C C C C C KEY: P =Prince..... ormitted Use C= Conditional Use S.-Secondary use N Footnotes DRAFT LA, :E TABLE 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. (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; (c) 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. (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 fi the exterior of the mortuary. Exhibit A (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 Iands. (19) [ALLOWED AS A CONDITIONAL USE PROVIDED THAT INGRESS AND EGRESS FROM THE PROPERTY IS FROM THE KENAI SPUR HIGHWAY.] 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. (Ord. 2053 -2004) (21) Setbacks 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, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. Exhibit A tticmy l Etth $E114 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZO6 -OS A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT TITLE 14 BE AMENDED BY ELIMINATING FROM THE KENAI ZONING CODE LAND USE TABLE (KMC 14.22.010) FOOTNOTE 19 THAT REQUIRES SOME CONDITIONAL USES IN THE RURAL RESIDENTIAL 1 AND SUBURBAN RESIDENTIAL ZONES TO HAVE INGRESS AND EGRESS TO TIIE KENAI SPUR HIGHWAY. WHEREAS, Footnote 19 of the Kenai Zoning Code currently requires some conditional uses in the Rural Residential 1 and Suburban zones to have ingress and egress to the Kenai Spur Highway; and WHEREAS, Footnote 19 states, "allowed as a conditional use provided that ingress and egress from the property is from the Kenai Spur Highway and WHEREAS, the State of Alaska Department of Transportation limits highway access to the Kenai Spur Highway; and WHEREAS, such limitations on access can prohibit development that is otherwise appropriate; and WHEREAS, through the conditional use process, the Kenai Planning and Zoning Commission can consider on a case-by-case basis whether to place requirements regarding access to and from specific roads. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA recommends that the Kenai Municipal Code be amended by eliminating Footnote 19 from the Land Use Table in KMC 14.20.010 as shown in attached Exhibit A. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 25th day of January, 2006. the of KENI>�N� SSA MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907-283-3014 TO: Charles M. Kopp, Acting City Manager FROM: Marilyn Kebschull, Planning Administrator THRU: Jack La Shot, Public Works Managero)h DATE: February 7, 2006 SUBJECT: Ordinance No. 2144 -2006 ¶tffayc with a Past, Ci with a Fthive" u�nu�r,asr 1992 The Planning and Zoning Commission held a public hearing on January 25 and passed Resolution PZ06 -05 recommending an amendment to Title 14 eliminating Footnote 19 from the Land Use Table. The recommendation was made after reviewing Footnote 19 and discussing the following issues: Footnote 19 reads, "Allowed as a conditional use provided that ingress and egress from the property is from the Kenai Spur Highway." Footnote 19 is listed as a requirement for some conditional use permits in the Rural Residential 1 and Suburban Residential zones. The State of Alaska, Department of Transportation, issues right of-way permits for the Kenai Spur Highway and limits access to the highway. Footnote 19 may prohibit development that may otherwise be appropriate. When applications for Conditional Use Permits are reviewed, the Commission evaluates access to insure that the proposed use is suitable for the location. The Commission may place requirements on permits including access to and from specific right -of -ways. It may be appropriate to amend the Land Use Table and review access on a case -by -case basis. Ordinance No. 1766 -97 CITY OF KENAI ORDINANCE NO. 1766 -97 Suggested by Planning Zoning Commission AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPLACING THE CURRENT KENAI MUNICIPAL CODE LAND USE TABLE (KMC 14.20) AND ITS FOOTNOTES WITH THE NEW LAND USE TABLE AND FOOTNOTES (SEE EXHIBIT "A" ATTACHED). WHEREAS, the Planning and Zoning Commission has determined that the Land Use Table was unclear and that all uses allowed and not allowed should be specifically noted in the Land Use Table; and WHEREAS, the Planning and Zoning Commission has determined that some uses should not be allowed in some zones and a designation of "N" "Not Permitted should be added to the Land Use Table; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska that the Land Use Table (KMC 14.20) and footnotes be replaced with Exhibit "A" attached. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 7th day of January, 1998. ATTEST: Carol L. Freas, City Clerk December 2, 1997 (sp) Introduced: December 17, 1997 Adopted: January 7, 1998 Effective: February 7, 1998 ZONING DISTRICTS LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL 111 R TM RESIDENTIAL One Family Dwelling C' P P P P P P S S' S S P P Two /Three Family Dwelling C' P P P P P P S S' C C P P Four Family Dwelling C' P C P N N P S S' C C C P Five /Six Family Dwelling C' C N P N N P S S' C C C P Seven or More Family Dwelling C1S C N C N N P S S' C C C P Townhouses 4 C C C C C C C C C C C C C Mobile Home Parks 6 N C C C C C C C C C C C N Planned Unit Residential Development' C' C C C C C C C C C C C C COMMERCIAL Automotive Sales N C 0 N N N C P P P P N N Automotive Service Stations N C C' N N N C P P P P C N Banks N C C C N N C P P P C C C Business /Consumer Services N C C C N N C P P P C C C HoteLs/Moteis N C C C N N C P P P C C P ProfonaLOffiees N C C1 C N N P P P P P C P Restaurants N C C C N N C P P P C C C Retail/Wholesale Business N C C C N N C P P P P C C Theaters/ Commercial Recreation N C C C N 1 N C P P C C P C KEY: P Principal Permitted Use C Conditional Use S Secondary Use N Not Permitted LAND USE TABLE Table l of 3 NOTE: Reference footnotes on following pages For additional restrictions. 14 -65 CITY OF KENAI LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL 114 R TSH INDUSTRIAL Airports and Related Uses P C C C N N C P P P P C N Automotive Repair/ Tire Recapping/ Rebuilding N C C C N N C P P P P N N Gas Manufacture/ Storage N N C C N N N N N C C N N Manufacturing/ Fabricating/ Assembly /Storage N C C C N N C C P P P C C Warehouses N C C C N N C C P P P C N PUBLIC/ .INSTITUTIONAL Charitable Institutions C C C C C C P P P P P C p Churches C Plv P ro pto pto plo pto plo pto C C Ptt P Clinics C C C C C C C P P P C C C Colleges C C C C C C C I PP C C C C Elementary Schools C C C C C C C P P C C C C Governmental Buildings C C C C C C C PP P C C C High Schools C C C C CC C P P C C C C Hospitals C C C C C C C. PP P C C C Libraries C C C C C C 0 PP P C C P Museums C C C C C C C PP P C C P Parks and Recreation P S S S S S S f P P S S P P Sanitariums C C C C C C C C C C C C C 1ZEY: P Principal Permitted Use C Conditional Use S Secondary Use N Not Permitted LAND USE TABLE Table 2 of 3 ZONING DISTRICTS NOTE: Reference footnotes following pages for additional restrictions. 14 -66 CITY OF KENAI ZONING DISTRICTS LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL HI R TSH MISCELLANEOUS Animal Boarding C C C C C N N C C C C C N Bed Breakfasts C C C C C C C C C C C C C Cabin Rentals C C C C N N i N P P P C C P Cemeteries C C C C N N N i C C C C C C Crematories N C N C N N C C C C C C C Day Care Centers 12 C C C C C C C C C C C C C Dormitories/ Boarding Houses C C C C C C P S' S C P C C Essential Services P P P P P P P P P P P P P Farming/Gardening General Agriculture P P P P P P P P 1 P P C P P Greenhouses/Tree Nurseries 13 C C C C C C C P P P C C C Assemblages 1s (Large: Circuses, Fans, etc.) C C C C C C C P P P' P'5 c p Lodges/Fraternal Organizations N C C C C C C P P P C C P Nursing, Convalescent or Rest Homes N C C C C C C P P C C C C Parking, Off- Street P P P P P P P P P P P P P ng, Public Parking, C C C C C C C C I C C C C C Private Clubs N C C C C C C P P C C S C Radio/TV Transmitters/ Cell Sites P P C C C C C P i P P P C C Recreational Vehicle Parks C C C C N N C C C C C C C Social Hails N C C C C C C P P C C C C Subsurface Ext- raction of Natural Resources 16 C C C C C C C C C C C C N Surface Extraction of Natural Resources 17 C C C C N N C C C C C C N Union Halls NC C C C C C P P P C C C KEY: P Principal Permitted Use C Conditional Use S Secondary Use N Not Permitted LAND USE TABLE Table 3 of 3 NOTE: Reference footnotes Do following pages for additional restrictions. 14 -67 CITY OF KENAI (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. (2) One 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; (c) 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. (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. S46- 11113187 FOOTNOTES 14 -68 CITY OF KENAI (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) Allowed as a conditional use, provided that ingress and egress from the property is from the Kenai Spur Highway. S46- 11113187 14 -69 CITY OF KENAI o Principal. Permitted Use C a Conditional Use 3 Seconlers Use Table 1 of 3 14-65 'DM Reference footnotes on following pages for additional restrictions. CITY OF KENAI 1 rl 1.A.Npo.USas: '4"W. Wf$ RitIN wii.-- 't„..:' v.' N.S:' 3' xk• 'P. i{ .S.A.: :1011§.4 ..§V.:' :0.4i-i: '5 ir ..-,::::'-n a......4.!... ....A.." .:',It M ?.....a..rio," cra. A- 1.ma ra One Family Dwelling P P P P P P S SI S P Two Family Dwelling 1 r r P P P S p ThreefFour Family Dwelling P Five/Six Family Dwelling C P P S Si Seven or More Family Dwelling C C P S Si C Townhouses 4 C C C Mobile Homes 5 Mobile Home Parks 6 C C Planned Unit Residential Development 7 C C C *COMMI3aCiALAImg: Automotive Sales :F p p p Automotive Service Stations p Banks P P Business/Consumer ess/C.oasumer Services P P C Hote1s/Mote1 p p C Professional Offices P PP PPSP Restaurants Ca P P C C Relail/Wholesale Business PP P P C C Theaters/ Commercial Recreation P P P C o Principal. Permitted Use C a Conditional Use 3 Seconlers Use Table 1 of 3 14-65 'DM Reference footnotes on following pages for additional restrictions. CITY OF KENAI 1 rl n KI iiki ii t ,k r� ;F i ��t .lufiN11: :�i aMCf:F y M p n i. Mt 4 10171 ,y 2 y 3 �p w.RJ�fi- 4+1��#c- '�r j '.l 8 �w�1 1 4k' t �3 :4L7 ;c i 'r'� i 3e ��``y�''t]y'�rr(1��� q„ �9y yy',y���5 41aDUSTRiAL. 5`', t 't:& i R '��+F� +p Z 3 1V.1.- N Akports and P Related Uses P P Automotive Repair/ Time Recapping/ Rebuilding P P P Gas e _Manufacture/ Storag III Cq 1111 Manufacturing/ Fabricating/ Assembly/Storage P P Vlarehouses P P u Pl.i/,rAwlu ?0 `,4"..' 3 +m LY n 'i 6 x'5.3 q:, x 4 uwG 7 e -S✓?1 �'33 I Charitable inatitutions p p Clu[cltes FM •io pie pio C P Conics P P C Colleges C C C C C Elementary Schools C C C C C Governmental Buildings C C ifrgh Schools C C C Hospitals C C C Libraries CT p Museums P R�'tcs and Recreation P S S S d. a �i h C C 111111111211- C C -IM i L5anitariuntS 'Miff P Principe( Permitted Use C Conditions( Use 3 Secondary Use LAND USE TABL Table 2 of 3 MOTE: Reference footnotes on feilowinp popes for additions( restrictions. l4 -bb CITY OF KENAI S x ZONING- DTS'I"Rl( T9 ITI I I SES' O RR YtR1 RS LT Animal Boarding 17 C C C Bed Breakfasts C C C C C Cabin Rentals C C Cemeteries C Crematories C C C C Day Care Centers 12 C C C C C C C C Dormitories/ Boarding Houses P S' S C Essential Services P P P P P P P PP P P P P Farming/Gardening/ General Agriculture P P P Greenhouses/Tree Nurseries 13 C C C C C C Assemblages 's (Large: Circuses, Fairs, etc.) C C C C C C odges/Fratemal Organizations P P Nursing, Convalescent or Rest Homes C C P P Parking, Off Street P P P P P P P P P P P P P l Parking, Public C C C P C Private Clubs RadioITV Transmitters P P P P P P I 0 0 C j Recreational Vehicle Parks C C C C C C C Social Halls P P C Subsurface Fat- traction of Natural R.3ourcell 16 C C C C C C C CC CC Surface Extraction of Natural Resources tr C C C C C C C C C C C [Union Halls P P C CE!: P t Principal Permitted Use C Conditional Use S Secondary Use LAND USE TABLE Table 3 of 3 MUTE: Reference footnotes an foliating popes for additional restrictions. 14 -67 CITY OF KENAI (4) See "Townhouses" section. (5) S46- 11113187 See "Mobile Homes" section. 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. (2) One 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; (c) 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. (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 14 -68 CITY OF KENAI 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) Exists 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, as a conditional use, 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. S46- 11113187 14 -69 CITY OF KENAI KENAI CITY COUNCIL KENAI PLANNING ZONING COMMISSION JOINT WORK SESSION OCTOBER 8, 1997 KENAI CITY COUNCIL CHAMBERS 7:45 P.M. Council Present: Williams, Measles, Smalley, Bannock, Swarner, Moore. Council Absent: Bookey Planning Zoning Commissioners Present: Glick, Bryson, Geocke, Nord, Werner Quade, Mahurin, and Christian. Others Present: City Engineer La Shot, Administrative Assistant Kebschull, Building Official Springer, City Clerk Freas, City Attorney Graves, City Manager Ross, and David Lucas, Peninsula Clarion. OPENING AND GENERAL COMMENTS: Mayor Williams opened the work session, noting its purpose was to review and discuss the Land Use Table as updated and presented by the Planning Zoning Commission. Williams noted, the Council was not adverse to the Table itself, as they all felt the Table needed revising, however they were uncomfortable with a few of the designations within the revised Table. Councilman Smalley referred to Building Official Springer's memorandum which was included in the packet as Item 10. He added, the memorandum stated a lot of the council's concerns. In the memorandum, Springer explained he was concerned the proposed /updated Table was much more restrictive than the existing table. It also noted, the existing Table had blank spaces, which had been interpreted as requiring a conditional use permit and with the revised Table, many received "N's" (not allowed). The memorandum noted particular problems with the RR -1 and RR zones allowing multi family dwellings on a 40,000 square foot lot. Councilman Measles stated, his concern was making the Table too restrictive. The revised Table gave no give or take for special conditions and would take away the need for the Commission to make decisions and the appeal process. Commissioner Christian stated, when the Commission was given the job of revising the Table, they were under the impression the blank spaces meant "No" and the "C's" meant there was a conditional use. He noted, a few year's previous, the Commission reviewed the Table and at that time, the blanks were interpreted as C's. The Commission tried to fill in the blanks, looking at what was originally thought and put in what they thought was originally wanted. They didn't want to change, they were trying to interpret what the blanks meant at the time. In doing that, there were a lot more C's included in the revised Table than N's. They placed a few N's because there were certain zoning districts, i.e. conservation, that shouldn't be brought up to the KENAI CITY COUNCIL /PLANNING ZONING COMMISSION JOINT WORK SESSION OCTOBER 8, 1997 PAGE 2 Commission and thought that was why they were left blank in the first place. He added, they were not trying to change the districts, but interpret what the blanks meant originally and fill in the blanks appropriately. Commissioner Mahurin noted, it was her understanding the Table was causing more of a problem with not having the blanks filled in. She noted, during their review of the Table, there was staff available and their advice was to fill in the blanks. She added, their intent was to solve the problems based on recommendations from what they were hearing. Measles stated, council was not saying, "don't fill in the blanks," but most of their concern was there were too many N's. Mahurin requested council to identify those areas. Smalley identified Page 14 -65, RR -1, four family dwelling (addressed in the third paragraph of the Springer memo). Smalley noted, in the past, that type of development had been permissible and with the N, there now was no appeal process. Commissioner Bryson stated, in the distant past, his interpretation of the Table was that interpreted areas requiring conditional use permits. At that time, the blank areas were intended to not be permitted. He added, his interpretation could be supported because a conditional use is required in this area and was not addressed in the other table, it meant something maybe a conditional use. Smalley stated, he thought what may have happened with the blank spaces was when the city became legally involved, they meant conditional, because the table doesn't say it was not. He added, he thought that was the problem the city attorney mentioned that when the spaces were blank, we assumed they were not permitted because they 1idnt_say. _The_ onwas made_,_ they_ were .conditional uses. Bryson stated, that was the determination of the legal staff at the time that it was not an allowed use and in the case of the RR zone, he remembered the discussion (at that time) the people who petitioned to create that district, wanted to preclude multi family structures of that size. Christian agreed and added, the people who introduced the RR -1 zone and didn't want multi family dwellings, he felt, the Commission should have disallowed multi family dwellings in that zone. Smalley added, that was in one particular zone. If another petition came forward for another RR -1 zone, and those petitioning had no objections to multi- family dwellings, as the revised table is, the petitioned area could not be set as RR -1 and there would be no debating the request because the table has an N. Christian noted, he believed that would be why petitioners would want the RR -1 zone, otherwise, they would stay with an RR zone. Smalley stated, that wouldn't be known until a petition came forward. KENAI CITY COUNCIL /PLANNING ZONING COMMISSION JOINT WORK SESSION OCTOBER 8, 1997 PAGE 3 Springer noted in RR -1 zones in the city, there are several buildings greater than two family dwellings existing which may be have been built in the early 80's. Christian noted, that was what got the Commission to thinking that if the petitioners objected to having the multi family dwellings, they could prevent more of that type of development. Councilman Bannock noted it would be unfair to have property owners prevent further development because of their desires and that a person should have the right to come to the Commission and request a change. The discussion continued and was noted, the crux of council's concern was the revised table, in many instances, would not allow citizens of the community the ability to come to the city and apply for a change. An argument for including C's where some of the N's appeared would allow flexibility and allow the Commission to hear requests and make a decision. An argument for the N's was stated as protection for the landowner who may not want a certain type of building to be built in his area. It was pointed out that not all the decision for filling in the blanks was unanimous by the Commission. Councilman Measles stated, some of the blanks clearly should have N's. However, if there is any question of whether something should be allowed or not allowed, there should be a C in the blank the request should come before the Commission on a case -by -case basis. He added, unless all members of the Commission agree the item should not be permissible, the blank should have a C the N's should be a unanimous decision, not a majority decision. As a commissioner, it was thought by Councilman Bannock, the Commission would want more Cs in the Table in order to bring each issue to the Commission for consideration. Commissioner Christian commented, as a landowner he would want protection from- building structures in a zone which were compatible to those already there and not a detraction from their value. It was noted, in the early 70's the Code stated that an RR lot was automatically rezoned when water and sewer was installed. However, that was found to be illegal and now to change a zone, it has to go through a rezone process. It was also noted Thompson Park and along Redoubt are RR with water and sewer; RS doesn't have water and sewer; and an RR -1 zone exists in east Kenai (Cinderella, Magic, etc.). Also noted, was the difference between RR and RS is the lot size and the different requirements for one district or another must be equated by property available. Nord stated, when they were looking at the development requirement table, they were assuming lines drawn through meant "not allowed." Councilman Moore asked why would an RR lot, that has large lot sizes, require a conditional use permit for a 5 /6 -plex when in the RS zone, where there are smaller KENAI CITY COUNCIL /PLANNING ZONING COMMISSION JOINT WORK SESSION OCTOBER 8, 1997 PAGE 4 lots, they are permitted. (He noted, as in Inlet Woods, the covenants do not allow multi family dwellings, however if there is not an active homeowners association, covenants hold no weight. Also, the city does not police covenant compliance.) Commissioner Christian explained, the "P" was already there when they were reviewing the table. Bryson explained, RS was always interpreted as having city water and sewer available. It was noted, in Inlet Woods, if a person owned three lots and eliminated the lot lines, a 5 /6 -plex could be built. Bryson stated they would rather have people go to an RS -1 zone instead of relying on covenants. He added, the RS -1 zone has been very poorly utilized and the only area rezoned to RS -1 is Inlet View. Review of the Table: Council identified the following areas where they felt a change from N to C should be made. Council and Commission discussed and made the following changes: Residential: RR -1, four family dwelling, change N to C RR, 5/6 and seven dwelling, change N to C Commercial RR -1: Change N's to C's from Automotive Sales through Theaters In discussing the RR -1 and RS zones along Spur Highway, Bannock suggested there was too big an area to have all N's. Christian commented, at the same time, one of the values and beauties of the city is to have the green strip along the road. Bannock commented, the city would grow east and suggested a corridor rezone of the property along the highway to commercial because it was doubtful residences would be built along a four -lane highway. After much discussion, it was agreed to change the N's to C's at Commercial, RR -1, Auto Sales through Theaters.. Industrial RR -1: Industrial RS: Footnotes/Residential: Change N's to C's with a footnote that ingress and egress must be from the Spur Highway. Change N's to C's with a footnote that ingress and egress must be from the Spur Highway. The footnotes should be kept where there were changes in residential. KENAI CITY COUNCIL /PLANNING ZONING COMMISSION JOINT WORK SESSION OCTOBER 8, 1997 PAGE 5 The group discussed what defined a storage /warehouse in regard to manufacturing. Williams suggested the N should be a C in order to allow individual review. Commissioner Mahurin explained, in their deliberations, the Commission referred to events happening in the Townsite Historic District and the limits set in the Code. Measles stated, there has to be enough flexibility in the uses to allow for what may be happening in the area in the future. Administrative Assistant Kebschull noted that if someone wanted to have a cabinet building business in their garage, they would not be able to as the proposed table restricts it. Discussion continued in regard to commercial use of property along the highway corridor. The proposed table would restrict commercial use of the property. Commissioner comments were, from past experience, homeowners in the area did not want commercial businesses in that area because of the residential areas behind the highway fronted property. It was commented that the Commission felt there were obligated to protect people as well as businesses. Williams reminded all the findings of the Economic Forum stated the city lacked small commercial business climate. Allowing commercial businesses in the corridor area would be in tune with the community comments (from the Forum). Kebschull suggested a footnote be added to Industrial, RS -1 and RS with C's that all ingress and egress must be from the Spur Highway. Commission and Council agreed and the N's were changed to C's with the footnote added. Townhouses: Williams noted, as it is written, in the RR zone, a property owner with a one or 2 acre lot would be forced to subdivide the property, change the footprint, and cause the building to be designed in a way that it is not conducive to the area. It was decided the townhouse ordinance could be dealt with after the changes to the Land Use Table were made as there is already specific rules designated in RR and RS. END COMMENTS: Williams requested the Commission to review the Land Use Table again and consider the elements of the existing rule, the pitfalls discussed, and clarify some of the things that would be done if the proposed table (with changes) was adopted. Williams thanked the Commission for their long effort in review and preparation of the proposed Land Use Table. KENAI CITY COUNCIL /PLANNING ZONING COMMISSION JOINT WORK SESSION OCTOBER 8, 1997 PAGE 6 ADJOURNMENT: The work session ended at approximately 9:34 p.m. Notes transcribed and prepared by: Carol L. Freas, City Clerk Ordinance No. 1009 -85 CITY OF KENAI ORDINANCE NO. 1009-05 Suggested by Aiministration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING DESIGNATED SECTIONS OF THE KENAI ZONING CODE TO ESTABLISH ONE AND TWO- FAMILY ZONING DISTRICTS KNOWN AS RR -1, RS -1 AND RS -2. WHEREAS, the Kenai Zoning Code permits the construction of multi family dwellings in all of the existing residential zoning districts, and WHEREAS, certain residents and property owners have submitted a petition requesting the appropriate amendments to the Code to establish a single and duplex family residential zoning district, and WHEREAS, the Kenai Advisory Planning and Zoning Commission has conducted several pubiic hearings and work sessions on this proposal, and WHEREAS, the Commission adopted Resolution PZ84 -96 (Amended) on January 9, 1985 in which specific amendments to the Kenai Zoning Code were recommended to establish the RR -1, RS -1 and RS -2 zoning districts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL Of THE CITY Of KENAI, ALASKA, as follows: Section 1: KMC 14.20.030 (a) is hereby amended as follows: (a) Adoption of the Zones and Zoning Mop. The City of Kenai is hereby divided into the following zones: Coneervation C zone Rural Residential RR zone Rural Residential (One Two Family) RR -1 zone Suburban Residential (One Two Fami.! RS -1 zone Suburban Residential (One wo am y zone Urban Residential RU zone Centrsi Commercial CC zone General Commercial GC zone Light Industrial [L zone Heavy Industrial IH zone .,...`v.' ...yrr....�y..,..+- •■•■•■ern...• zrz 19L�""�7.�iw:' J�7."`�"""'� "`l'yCJl." i b7� These zones shell be bounded and defined as shown an the official zoning .reap, which shall be kept on file at Kenai City Hall. This official coning map, together with all explanatory matter thereon, es exhibited at the time of public hearing, is hereby adopted by reference and declared to be a part of this chapter. Section 2: Amend the needing of KMC 14.20.080 to read: Rural Residential Zonea (RR, RR-1) Section 3: Amend the heading of KMC 14.20.090 to read: Suburban Residential Zonea RS -1, RS-2) Section 4: Amend the Kenai Zoning Code Development Requirements cable as shown in Exhibit "A 5setian 5! Amend the Kenai Zoning Code Lend Use Table as shown in Exhibit "8 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of February, 1985. ATTEST: First Reading: January 16, 1985 Second Reading: February 6, 1985 Effective Date: March 6, 1985 11111 II1!R1 i.o'r ARM (scl. f L +sil pe)1,1ie: water fou1 /ur 4:ctrcr 111111111111 11111, TT F•.'ij I LY 1 .r,l' i L. 4' farni1y dwelling 5 f,imi ly dt-tcl1ing 6 f;u.i1 clwo11tow 7 iwidly (Vt')1ing 111111 6141 I.(1'1• U11,111 11111111111.1 YAM/ .w (1 EXHIBIT A Ndu !Lear I iTi`r'.1111111 1.OT COVERAGE MAXIM 111;1 cirr 1 *4 boo 40,000 20,000 N /Aa P4 /A 90' 25' 15 20' 30% 35' Z0111 !IC 1)1 Wilt 1 CTS (City of Kenai Supp. 029 7/20/84) For );tnwLurei will) more than 1 story in height, the minimtm side yard shall be 15 feet. l.w•�9,L that for each hill story over In stories each side and rear yard shall he increased three (3) 14.61 USES R1 RR RS At RESIDENTIAL 11"..e.1‘44. I I P Sao One family Dwelling ..red.. -Four Family Dwelling P P P P Five -Six Family Dwelling C P Seven plus Family Dwelling C C Townhousee C C Mobile Homes P Mobile Home Parka C C Planned Unit Residential Developments C 4. C COMMERCIAL Automotive Sales Automotive Service Stations Banks Businesses /Consumer Services Hotels /Hotels Professional Offices Restaurants Retail /Wholesale Business Theaters /Commercial Recreation 1 sI KEY I Ytlytl' B LAND USE TABLE p Principal Permitted Use C Conditional Use Secondary Use NOTE: Reference footnotes on following pages for additional restrictions. ZONING DISTRICTS 14-56 ■City of Kenai Supp. 1129 7/20/94) USES RR RS lit INDUSTRIAL Airports Related Uaee Automotive Repair /Tire Recapping /Rebuilding Gas Manufacture /Storage Manufacturing /Fabricating/ Assembly /Storage Werehouseu PUBLIC /INSTITUTIONAL Charitable Institutions Churches Clinics Colieges Elementary Schoolu Governmental Building8 High Schoola Hoapitels L ibrar iee Museum e Parks Recreation Public Facilitiesl 5anitirlumi12 MISCELLANEOUS eio 00 p C C C C.. C C r., I L C C C C C C 5 S 5 S C.. C Animal Boerding13 Cemeteries Crematories Day Care Centers Dormitories /Boarding Houses Essential Services C. C 11111 C C C ♦.Lr .•J AO�� r. rvv [ISLYQTJ 'L•lr_. 1- .`Y...... LA ■0 USE TABLE Pago 2 (City of Kenai Supp. t29 7/20/84) 14 -57 ZONING DISTRICTS USES RR RS IISCELLANEOUS (continued): Farming /Gardening/ General Agriculture P P Greenhouses /Tree Nursery Large Assemblages (e.g. Circuses, Fairs, etc. C C Lodges /Fraternal Organizations Parking, Off- Street Parking, Public Lots12 Private Clubs Radio /TV Transmitters Social Halls Subsurface Extraction of Natural Resources!" Surface Extraction of Natural Resources Union Halls P P C C C_ C C C G C I C L LAW USE !ABLE Page 3 LONINC DISTRICTS 14 -5t! (City of Kenai Supp. 029 7/20/84) ATTEST: CITY OF KENAI ADVISORY PLANNING 8 ZONING COMMISSION RESOLUTION PZ 84 -96 4 RESOLUTION OF THE ADVISORY PLANNING ZONING COMMISSION OF THE CITY OF KENAI AMENDING THE KENAI ZONING CODE TO PROVIDE FOR ONE AND TWO FAMILY RESIDENTIAL AREAS. WHEREAS, the Kenai Zoning Code permits the construction of multi-family dwellings in all residential zoning districts, and WHEREAS, certain residents and property owners have submitted a npetitiun requesting an amendment to the Kenai Zoning Code to allow the establishment of one and two family residential areas, and WHEREAS, the Commission has conducted several public hearings and workaesaiana on this {proposal, and WHEREAS, the Commission concurs with the need for providing an option to prooperty owners to maintain a low to medium residential neighborhood character. NOW, THEREFORE, SE IT RESOLVED THAT THE KENAI ADVISORY PLANNING ZONING COMMISSION, OF THE CITY OF KENAI, recommends the adoption of "Exhibit A" attached for the establishment of the RR1 itS2 subzoning districts. PASSED BY THE ADVISORY PLANNING ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 4V-id day of ■~7 198. anet A. Loner. (1'22€A-1 a ing Secretary AMENDED Lee Lewis, Ch C- 4; 19 n`'" 4• .1; /1�8�a�� "`111713 w'i'_AR�JL .��i�Rir uCJL' �Ihr �w� .W�- rK�wLtNYtlrfr.�f�uw.MYwr.Y ._ma TO: Mayor Wagoner /Kenai City Council FROM: g off Labehn, Land Manager SUBJECT Ordinance 1009 -85: Establishing 1 2 Family Zoning District RR1, RS1, W 52 DATE: February 1, 1985 The Kenai Advisory Planning Zoning Commission held the last in a series of public hearings concerning th.a referenced ordinance on Januory 9, 1985. The Commission recommended approval of the amendments to the Kenai Zoning Code to establish three "sub- zones" for single and duplex residential development. Testimony at the public hearing was unanimously in favor of the proposed amendments. Ordinance 1009 -85: 1) provides a "sub -zone" of the Rural and Suburban Residential Districts limit development density by increasing the minimum lot size and /or restricting residential development to single and duplex family dwellings. J8L:j1 e 410.1.4a" 310 FIDA! 3O KEW, ALASKA 99111 Tel.KP$ONE 233.7535 MEMORANDUM CITY OF KENAI 2) Amends the Kenai zoning Code to add the RR1, R51, and RS2 districts but does not alter the Kenai Zoning Map. CITY OF KENAI PLANNING ZONING COMMISSION Work Session 7 9 p.m. April 27, 2011 Ordinance No. 2546 -2011 Amendment to Title 14 14.22.010 Land Use Table Rural Residential (RR1) Zone Making Comprehensive Changes to Uses Allowed in the RR -1 Zoning District 01. •M■Mit' .141' ITU 1111111111111MMINM10111.= I 0 1 1 g Ilr N t•Nt .7_ ._:t sli t 0 t.p. I I 14" 1111jmil J MI li t i ll i IA um n 116 I i Is ...11.• I 17 .1r is .771 1, ii 11111111• r 1 7 -2 XL I.. 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Ca re 8 1040 6 ~IS tai St A� aA• 0 Ali gp. rtleP wsent. 4• iim giro sowed golosimpow dmerri 'elk eir; I, i s ala rim r go ball. 1 4 a •v• 40 amsbirs 11.1k i u p 'NM sir' h 4 r A us 4• POP Sea oiltk■ annin dlo g en dlr. •■•=11... as. 1 do n acket for Wednesclilk mei!. 1 niag 1 it OAP Carol Freas From: Alan Poynor [alan.poynor©acsalaska, net] Sent: Sunday, April 03, 2011 6:25 PM To: Carol Freas Cc: Alan Poynor Subject: Ordinance 2546 -2011 Dear Ms. Freas, Ordinance 2546 -2011 is being introduced at the 4/6/11 council meeting. -I am writing in support of the Ordinance. I only recently learned that Planning and Zoning is able to approve almost any business being built and run in the MAPS and 3 W subdivisions since they are zoned as RR 1. It is my understanding that the original zoning for these subdivisions was more restrictive and was changed in a Planning and Zoning meeting to the less restrictive RR 1 based on a request from a party who wished to build. With all due respect to Planning and Zoning, the residents do not have the final say in what might be built in their neighborhood under the RR 1 zone. This ordinance would restore the zoning to the original intent and would define what could or could not be built in these family neighborhoods. Also passage of the ordinance would bring the zoning in line with current covenants. I support development in commercially zoned areas. I do not want to see the quiet neighborhood where I currently live become developed for commercial reasons. Thank you for including my comments in the packet for Wednesday's meeting. Cordially, Georgia Poynor 4560 Wolfe St Kenai, Ak 99611 907 283 8166 1 Carol Freas From: Gloria Wik [gwik @alaska.netj Sent: Tuesday, April 05, 2011 7:31 AM To: Mayor Porter; mboyle @alaska.com; bob @molloyforcouncil.com; cpajoe @altrogco.com; ryan @marquisforkenai.com; terry@bookeyforkenai.com; briangabriel @acsalaska.net; Carol Freas Subject: Support for Ordinance 2546 -2011 I would like to state that I am in support of Ordinance 2546 -2011 and would appreciate your support for this RR1 zone revision. This ordinance would preserve the area that I live in and continue to be a stable and predictable residential place for me. Carol please place my comments in the record for the meeting on April 6, 2011, Gloria Wik 707 Magic Ave Kenai, AK 99611 i Carol Freas From: Fahnholz, Norman E [fahnone @chevron.com] Sent: Tuesday, April 05, 2011 1:08 PM To: Carol Freas To: Carol Freas, Kenai City Clerk /Kenai City Council April 5, 2011 RE: Ordinance 2546 -2011 Dear Sirs: As a resident of 3-W's Subdivision for the last 18 years, I am in support of the proposed Ordinance change. I feel this would preserve our residential neighborhood in the manner in which it was intended when originally developed and protect against incompatible land uses in the future. Due to my work schedule, I am unable to attend the meeting of April 6th. Please accept this as my support of the proposed changes. Sincerely, Norman Fahnholz 565 Wortham St Kenai AK 99611 (907) 283 -6440 Carol Freas From: fahnholz@pobox.alaska.net Sent: Tuesday, April 05, 2011 1:20 PM To: Carol Freas Subject: Ordinance 2546 -2011 To: Carol Freas, Kenai City Clerk /Kenai City Council Members RE: Ordinance 2546 -2011 April 5, 2011 To Whom It May Concern: Due to a conflict in schedules I regret I am unable to attend the City Council meeting set for April 6, 2011.1 would like to inform you of my support of the proposed changes for the Land Use Table and the existing RR1 zoning in regards to how it would apply to 3W's Subdivision. I have been a resident of 3W's Subdivision for the last 18 years. It is a small enclosed subdivision. The original developers intentionally sought the RR1 zoning as well as put restrictive covenants in place. When we purchased our property in 1993 we were in support of these restrictions and have happily abided by them. I feel this has kept the area low density, and feel these proposed changes will continue to protect our area from incompatible land uses in the future, will support the intent of the original developers, and keep our residential character intact. Sincerely, Debby Fahnholz 565 Wortham St Kenai AK 99611 (907) 283 -6440 1