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HomeMy WebLinkAbout2011-08-15 Council Packet - Work SessionREMINDER WORK SESSION ORDINANCE NO. 2546 -2011 AMENDING KMC 14.22.010, LAND USE TABLE MONDAY, AUGUST 15, 2011 KENAI CITY COUNCIL CHAMBERS 6:00 P.M. Nthe€ityof/ KENAI, ALASKA "Village with a Past, Ci y with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMO ` NDUM TO: Mayor Porter Vice Mayor Boyle, Council Members Bookey, Gabriel, Marquis, Moore FROM: Council Member Molloy DATE: 08/11/11 SUBJECT: Ordinance No. 2546 -2011 (and Substitute) Comparison Table The Comparison Table in the packet is a tool to assist Council on Ordinance No. 2546- 2011 (including the proposed Substitute). The Comparison Table is divided into seven columns, which are: Column: Description: Land Uses (Lists all Land Uses presented in the Land Use Table) 1985 Ord. (Presents the historical information on Land. Uses in Land Use No. 1009 -85 Table for the RR -I Zone as of 1985) 1998 Ord. (Presents the historical information on Land Uses in the Land Use No. 1766 -97 Table for the RR -1 Zone as of 1998, per the 1997 amendments to the Land Use Table, approved 1998) Current 14.22.010 (Presents the current Land Uses in the Land Use Table for the RR -1 Zone) Ord. No. (Presents the proposed amendments to Land Uses in the Land Use 2546 -2011 Table for the RR -1 Zone under the original ordinance) Ord. No. (Presents the proposed amendments to Land Uses in the Land Use 2546 -2011 Table for the RR -1 Zone under the proposed, draft substitute Substitute ordinance) Memo 8/11/11 Work Column (Space for Councilor's Notations) It is the sponsor's intent to move the proposed substitute ordinance for enactment in place of the original ordinance at the 8/17/11 council meeting. The Comparison Table uses different colors to highlight where the proposed substitute ordinance differs from the current Land Uses in the Land Use Table for the RR -1 Zone. Current 14.22.010 and Substitute: Green is used in the column for "Current 14.22.010," and blue is used in the column for "Ord. No. 2546 -2011 Substitute" where the two differ. Original Ordinance and Substitute: The substitute ordinance corrects the two (2) errors previously identified: 1. Reference to Footnote 22 is deleted, since Footnote 22 does not apply to the RR -1 Zone; and 2. "Essential Services" is left as a "P ", since Essential Services should be a "P" for Permitted Use in all zones. Other differences from the original ordinance are: 3. "Charitable Institutions" is proposed to be C29 (and not N); 4. "Libraries" is proposed to be C29 (and not N); 5. "Museums" is proposed to be C29 (and not N); 6. "Parking, Off Street" is proposed to be P (and not C29); 7. "Subsurface Extraction Of Natural Resources" is proposed to be C (and not N). 8. The word "constructed" is proposed to be added to Footnote 29. Other: A brief information note - "C19" Note - is at the end of page 2. A separate document that sets out the text of all existing footnotes is also in the packet, for reference. The substitute ordinance has no effect on home occupations. Home occupations remain permitted in the RR -1 Zoning District under KMC 14.20.230. A copy of KMC 14.20.230 is attached. On August 10, 2011, the Planning and Zoning Commission held a public hearing on Ordinance No. 2546 -2011 and considered Planning and Zoning Commission Resolution No. PZ11 -30 "A Resolution of the Kenai Planning and Zoning Commission Recommending Kenai City Council Amend Kenai Municipal Code 14.22.010, Land Use Table, To Make Comprehensive Changes To The Uses Allowed In the Rural Residential RR -1 Zoning District," and heard public comments on Ordinance No. 2546 -2011 and that - 2 - Memo 8/11/11 resolution. The Commission elected to make no recommendations to the City Council on Ordinance No. 2546 -2011, and voted to postpone Commission Resolution No. PZI 1 -30 until the Commission is prepared to make recommendations to Council. The motion did not specify a date certain by which the Commission would be prepared to make recommendations to Council. It is my understanding that under Roberts' Rules, the effect of the Commission's indefinite postponement is to kill the Commission's further consideration of Commission Resolution No. PZ11 -30. - 3 - Memo 8/11 / Ordinance No. 2546 -2011 Comparison Table LAND USES -- RR -1 ZONING DISTRICT LAND USES 1985 Ord. No. 1009 -85 1998 Ord. No. 1766 -97 Current 14.22.010 Ord. No. 2546 -2011 Ord. No. 2546 -2011 Substitute Work Column KEY: Principal Permitted/ Secondary /Conditional/ Not Permitted P —S —C P—SS —C -N P —S —C -N P —S—C -N P—S—C-N P —S —C -N RESIDENTIAL One Family Dwelling P P P P P Two/Three Family Dwelling P P P P P Four Family Dwelling C3 C3 C3, 22, 29 C3, C29 Five /Six Family Dwelling N N N N Seven or More Family Dwelling N N N N Townhouses 4 C C C3, C29 C3, C29 Mobile Home Parks 6 C C NI N Planned Unit Residential Development 7 C C C29 C29 COMMERCIAL Automotive Sales C19 C N N Automotive Service Stations C19 C N N Banks C19 C N N Business /Consumer C19 C N N Services Guide Services Not on Table Not on Table C N N Hotels /Motels C19 C N N Lodge Not on Table C N N Professional Offices C19 C C29 C29 Restaurants C19 C N N Ordinance No. 2546 -2011 Comparison Table LAND USES -- RR -1 ZONING DISTRICT Retail Business C19 C N N Wholesale Business C19 N N Theatres /Commercial Recreation C19 N N INDUSTRIAL Airports 8 Related Uses C19 N N Automotive Repair C19 C N N Gas Manufacturing/Storage C19 C N N Manufacturing/Fabricating Assembly Mini- Storage Facility C C N N N N Storage Yard Not on Table Not on Table C N N Warehouses Not on Table Not on Table C N N PUBLIC INSTITUTIONAL Charitable Institutions C N C29 Churches* Clinics C P10 P10 P10 P10 P10 N N Colleges* C C29 C29 Elementary Schools* C C C C29 C29 Governmental Buildings C C C C29 C29 High Schools* C C29 C29 Hospitals* C C C N N Ordinance No. 2546 -2011 Comparison Table LAND USES -- RR -1 ZONING DISTRICT IMM Libraries* C C N Museums C 029 Parks and Recreation C MilaiMiniallal © ®® C29 - N Assisted Living S MISCELLANEOUS C Animal Boarding 13 C N Bed & Breakfasts C C C C C Cabin Rentals C C C N MIME Cemeteries Not on Table C C C N Crematories /Funeral Homes -© N N Day Care Centers 12 _® C C29 Dormitories /Boarding Houses C N N IMMEMI Essential Services C P N P Mal N Farming /General Agriculture*** P P N N Greenhouse/ Tree Nurseries 13 P P 0 N Gunsmithing, Printing, Taxidermy ©© C N Assemblies 15 (Large Circuses, Fairs, etc.) Not on Table Not on Table C N EIMIMIMIlli Fraternal Organizations/Private Clubs/Social Halls and Union Halls C C C N Nursing, Convalescent or Rest Homes C 0 N Parking, Off - Street C P C29 P Parking, Public Lots 12 P 0 N IIIIMMIIIMIMMINE Ordinance No. 2546 -2011 Comparison Table LAND USES -- RR -1 ZONING DISTRICT 29. 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 constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing/survey of the parcel. "C19" Note: Former Footnote 19 stated: "Allowed as a conditional use provided that ingress and egress from the property is from the Kenai Spur Highway." Former Footnote 19 was removed from the Land Use Table by Ordinance No. 2144 -2006 effective March 15, 2006. Personal Services C C N N Communications Towers & Antenna(s), Radio/TV Transmitters /Cell Sites ** 28 Not on Table Not on Table C N N Recreational Vehicle Parks P C C N N Subsurface Extraction of Natural Resources 16 C C N C Surface Extraction of Natural Resources 17 C C C N N 29. 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 constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing/survey of the parcel. "C19" Note: Former Footnote 19 stated: "Allowed as a conditional use provided that ingress and egress from the property is from the Kenai Spur Highway." Former Footnote 19 was removed from the Land Use Table by Ordinance No. 2144 -2006 effective March 15, 2006. 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. Commercial or industrial which falls under the landscaping /site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 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; The property adjacent to the proposed dwelling group will not be adversely affected. See "Townhouses" section. 5, See "Mobile Homes" section. 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. 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. Personal Set-vices Art Studios Barbers Beauticians Limited Commercial Zone Conditional Use(C) Permitted(P) X X X Dressmakers X Dry Cleaners Self-Service Laundries Fitness Centers Massage Therapist X X Photographic Studios Tailors Tanning Salons X Tattoo Parlors X Personal services not set forth in the above matrix are conditional uses. 28. Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. Kenai Municipal Code Kenai, Alaska Current through Ordinance 2507 -2010 and the November 2010 code supplement. For more recent amendments to this code, please refer to the CodeAlert page, or contact the city. This document is provided for informational purposes only. Please read the full disclaimer. • Municipal Code Table of Contents • Search • Ordinance List • CodeAlert - Recently Passed Ordinances Links: • Kenai, Alaska - Home Page Contact: Kenai City Clerk: (907) 283 -7535, Ext. 231 Published by: Quality Code Publishing Seattle, WA 1- 800 - 328 -4348 Title 14. PLANNING AND TONING Chapter 14 20 KENAI ZONING CODE 14.20.080 Rural Residential Zones (RR, RR -1 Zones). (a) Intent: 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. Principal Permitted Uses: As allowed in Land Use Table. Conditional Uses: As allowed in Land Use Table and subject to the (b) (0) provisions of this chapter. (d) Accessory Uses: As defined (see Definitions). (e) Home Occupations: Uses as allowed by this chapter. (f) Development Requirements: As described in Development Requirements Table. (g) Parking Requirements: As required by this chapter. (Ords. 925, 1009) Kenai; Municipal Code Title 14 PLANNING AND ZONING Chapter 14.20 KENAI ZONING CODE 14.20.230 Home occupations. (a) Intent. It is the intent of this chapter to permit home occupations which are compatible with other permitted uses and with the residential character of a neighborhood, and which are clearly secondary or incidental to the residential use of the main building. hi general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter. Home occupations are permitted accessory uses only so long as all the development requirements listed in this section are observed. (b) Uses Permitted. Subject to the development requirements of this section, home occupations include, but are not limited to, the following uses: (1) Art studio. (2) Day care of no more than eight (8) children under the age twelve (12), including children related to the caregiver. (3) Dressmaking. (4) Millinery. (5) Beauty parlor. (6) Tutoring and musical instruction. (c) Uses Prohibited. (1) Commercial auto and boat repair. (2) Commercial kennels or similar uses, (3) Convalescent homes for the care of more than two (2) patients. (4) Mortuaries. (5) Private schools with organized classes. (6) Real estate office. (7) Restaurants. (d) Development Requirements. (1) Not more than one (1) person outside the family shall be employed in the home occupation. (2) No more than thirty percent (30 %) of the gross floor area of all buildings on the lot shall be used for the home occupation. (3) The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. (e) Permit Application. (1) An application for a home occupation permit shall be filed in writing with the City Planning and Zoning Department and signed by the person requesting to operate the home occupation. (2) If the Planning and Zoning Department finds the application meets the criteria of KMC 14.20.230 it shall be placed on the consent agenda of the Planning and Zoning Commission. Applications listed on the consent agenda are considered routine and will be approved by one motion. There will be no separate discussion of the application unless a member of the Commission so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the general orders. (3) A finding by the Planning and Zoning Administration that an application does not meet the criteria of KMC 14.20.230 and the denial of placement on the consent agenda may be appealed to the Planning and Zoning Commission by filing a written appeal with the Kenai City Clerk within thirty (30) days of the date of denial. (4) Notice of the consideration by the Commission of a home occupation permit application shall be published once at least two (2) days prior to the meeting in a paper of general circulation in the City of Kenai. (f) Permits Nontransferable. A home occupation permit granted under this section shall not be transferable to another person or location. (g) (1) or Exemption. No home occupation permit shall be required for: Activities or business which are carried on solely by use of phones, computers and mail or delivery services; (2) A state - approved relative home day care provider that provides care to no more than five (5) children (including the care giver's own children) under the age of twelve (12) of which no more than two (2) may be under thirty (30) months of age and who are the care giver's grandchildren, great - grandchildren, sibling (only if living in a separate residence), niece or nephew (not a great niece or nephew), and which involve no outside sign, little or no increase in traffic, and with only occasional visits by members of the public to the home. (h) Fire Code Inspections. (1) Day care facilities shall be inspected by the Fire Marshal for compliance with the fire code (KMC 8.05) prior to approval of the permit. Thereafter, they shall be inspected every other year by the Fire Marshal. Failure to comply with the fire code (KMC 8.05) shall be grounds for the suspension or revocation of the facilities' home occupation permit. (2) Residences which are the subject of a home occupation permit application (other than day care facilities) may be required to be inspected by the Fire Marshal for compliance with the fire code (KMC 8.05) prior to approval of the permit, if the Fire Marshal determines it is necessary for public safety. (Ords. 925, 1456, 1885 -2000, 1933 -2001, 2093 -2005) RR1 Zones �.�.l:'1111 • mp 1u1" r,_„ February 14, 2011 RR Zone m 3 W Subdivision February 14, 2011 A il.CU ,V act 3N 'il�t as, , z ea; Yc.rfR�,L fr . Yrn V -. AC£' T ' •'f' NI- sfi ti yp�1 A, t' Pi (1, February 14, 2011 RR1 Zone - MAPS Area February 14, 2011 RR1 Zone - MAPS Area February 14, 2011 the city of K NAI, ALASKA Sponsored by: Council Member Molloy CITY OF KENAI ORDINANCE NO. 2546 -2011 (Substitute) AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.22.010, LAND USE TABLE, TO MAKE COMPREHENSIVE CHANGES TO THE USES ALLOWED IN THE RURAL RESIDENTIAL RR -1 ZONING DISTRICT, INCLUDING CHANGING MANY "CONDITIONAL USES" TO USES "NOT PERMITTED," AND PROVIDING FOR CERTAIN "CONDITIONAL USES" FOR PROPERTIES ALONG THE KENAI SPUR HIGHWAY WITHIN THE RR -1 ZONING DISTRICT. WHEREAS, there are two (2) areas in the City of Kenai that are zoned as Rural Residential RR -1 Zoning Districts ( "RR -1 Zoning District "), which are the Three W's Subdivision and the area generally known as the "MAPS Area;" and, WHEREAS, in 1985, the residents of the MAPS Area desired to have the MAPS Area re- zoned from the Rural Residential (RR) and Suburban Residential (RS) Zoning Districts to the RR -1 Zoning District, and the City of Kenai re -zoned the MAPS Area to the RR -1 Zoning District; and, WHEREAS, in 1986, the residents of the Three W's Subdivision desired to have the Three W's Subdivision re -zoned from the Rural Residential (RR) Zoning District to the RR -1 Zoning District, and the City of Kenai re -zoned the Three W's Subdivision to the RR -1 Zoning District; and, WHEREAS, historically, residents of these areas in the RR -1 Zoning District have been actively engaged in zoning issues and processes affecting their neighborhoods, expressing their desire to maintain the development of their neighborhoods as low - density, residential development that creates a stable and attractive residential environment; and, WHEREAS, residents of these areas in the RR -1 Zoning District have expressed significant concerns about the presently - allowable types of land uses that are permitted or that are conditional uses in their neighborhoods under the current Land Use Table for the RR -1 Zoning District; and, WHEREAS, residents of these areas in the RR -1 Zoning District have made presentations to the Kenai City Council, the Planning and Zoning Commission and the Administration regarding their concerns and their proposed solutions to their concerns; and, WHEREAS, residents of these areas in the RR -1 Zoning District desired to work collaboratively with the City of Kenai through the public process to amend the land use table in order to promote the residential character of their neighborhoods, as follows: Protect against incompatible land uses; Ordinance No. 2546 -2011 (Substitute) Page 2 of 10 Preserve low- density residential development; Prevent land uses that generate heavy traffic; and Support a stable and predictable setting for future investment; and, WHEREAS, amending KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the RR -1 Zoning District, including changing many "conditional uses" to not permitted," and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR -1 Zoning District, will meet the specific intent of the RR -1 Zoning District and promote the residential character of Three Ws Subdivision and the MAPS Area; and, WHEREAS, at its meeting on April 6, 2011, the City Council heard public comment on this ordinance during unscheduled public comment, and through written public comment, and introduced this ordinance; and WHEREAS, at its meeting on April 6, 2011, the City Council also postponed the Council's public hearing on Ordinance No. 2546 -2011 until the May 18, 2011 Council meeting, and referred this ordinance to the Planning and Zoning Commission with directions to hold a work session and a public hearing on Ordinance No. 2546 -2011, and then to return the ordinance to the City Council prior to its May 18, 2011 . Council meeting with the Commission's recommendations; and, WHEREAS, at its meeting on April 27, 2011, the Planning and Zoning Commission held work a session on this ordinance during which the public was invited to comment; and, WHEREAS, at its regular meeting on April 27, 2011, after its work session, the Planning and Zoning Commission voted not to schedule a public hearing on this ordinance; and Ordinance No. 2546 -2011 was returned to the City Council without recommendations from the Planning and Zoning Commission; and, WHEREAS, at its meeting on May 18, 2011, the City Council held its first public hearing on this ordinance and heard public comments, including the comments of four (4) Commissioners of the Planning and Zoning Commission, a letter from the Chair of the Planning and Zoning Commission, a petition of the public supporting this ordinance, and additional written comments; and, WHEREAS, at its meeting on May 18, 2011, the City Council postponed Ordinance No. 2546 -2011 until its August 17, 2011 Council meeting in order to provide for a second public hearing, and again referred Ordinance No. 2546 -2011 to the Planning and Zoning Commission with directions to the Commission to schedule and to hold a work session or work sessions, to schedule and hold a public hearing, and to return the ordinance to Council with the Commission's recommendations for the August 17, 2011 Council meeting; and, Ordinance No. 2546 -2011 (Substitute) Page 3 of 10 WHEREAS, at its meetings on June 22, July 13, and July 27, 2011, the Planning and Zoning Commission held additional work sessions on this ordinance during which the public was invited to comment; and, WHEREAS, at its meeting on August 10, 2011, the Planning and Zoning Commission held a public hearing on Ordinance No. 2546 -2011 and considered Planning and Zoning Commission Resolution No. PZ11 -30 "A Resolution of the Kenai Planning and Zoning Commission Recommending Kenai City Council Amend Kenai Municipal Code 14.22.010, Land Use Table, To Make Comprehensive Changes To The Uses Allowed In the Rural Residential RR -1 Zoning District," and heard public comments on this ordinance and that resolution; and, WHEREAS, at its meeting on August 10, 2011, the Planning and Zoning Commission elected to make no recommendations to the City Council on Ordinance No. 2546- 2011; and, instead, the Commission voted to postpone Commission Resolution No. PZ11 -30 until the Commission determined that it is prepared to make recommendations to the City Council; and, WHEREAS, Ordinance No. 2546 -2011 was returned to the City Council without recommendations from the Planning and Zoning Commission; and on August 15, 2011, the City Council held a work session on this ordinance, during which the public was invited to comment; and at its August 17, 2011 meeting, the City Council held its second public hearing on this ordinance; and, WHEREAS, it is in the best interests of the City of Kenai to amend the Land Use Table in KMC 14.22.010 to make comprehensive changes to the uses allowed in the RR -1 Zoning District, including changing many "conditional uses" to "not permitted," and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR -1 Zoning District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form. This is a Code ordinance. Section 2. Amendment of the Kenai Municipal Code, KMC 14.22.010: The City of Kenai Municipal Code 14.22.010, Land Use Table, is hereby amended as shown on Attachment A to this ordinance. Section 3. Severabilitv: 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. Ordinance No. 2546 -2011 (Substitute) Page 4 of 10 Section 4. 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 , 2011. ATTEST: Corene Hall, Deputy City Clerk day of PAT PORTER, MAYOR Introduced: P &ZC Work Session: Council Public Hearing: P &ZC Work Session: P &ZC Work Session: P &ZC Work Session: P &ZC Public Hearing: Council Work Session: Council Public Hearing: Adopted: Effective: April 6, 2011 April 27, 2011 May 18, 2011 June 22, 2011 July 13, 2011 July 27, 2011 August 10. 2011 August 15, 2011 August 17, 2011 August 17, 2011 September 16, 2011 Ordinance No. 2546 -2011 (Substitute) Page 5 of 10 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C =Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAND USES C RR 14141 RS 1251 11S2 RU CC CC IL 111 ED R TS1i LC CMU One Family Dwelling C'" P P P P P P P21 S' S' S2 c" P P P sVc21 Two /Three Family Dwelling C" P P P P P P P21 S' C C C" P P PSI/C21 Four Family Dwelling C" P C' ss P N N P P21 S' C C C22 N P C S' /C' Five /Six Family Dwelling C" C' N P N N P P21 5' C C N N P C S' /C" Seven or More Family Dwelling C" C' N C2 N N P P" S' C C N N P C SVC21 Townhouses ^ C'" C [C] C I rs C C C cc C C C C22 C C C C Mobile Home Parks ° N C [ C ] N C C C C C C C C N C N N C Planned Unit Residential Development' C'" C [C] C19 C C C C C C C C N C C C C COMMERCIAL LAND USES C RR 12141 RS 1451 R52 RU CC CG IL 111 ED R TSII 1,C CMU Automotive Sales N C [ C ] N N N N C P P P P N N N N P Automotive Service Stations N C [C] N N N N C P P P P N C N N P Banks N C [C] N C N N C P P P C N C C C C C P Business /Consumer Services N C [C] N C N N C P P P C N C P Guide Service N C [ C ] N C N N C P P P P N P P C P Ilotels/Motels N C [C] N C N N C P P P (2 N (2 P C P Lodge N C [C] N C N N C P P P C N P P C P Professional Offices N C [C] C19 C N N P P P P P N C P P P Restaurants N C [ C ] N C N N C P P P C N C C C P Retail Business N2" C [C] N C N N C P P P P S2 524 C C P Wholesale Business N C [0] N C N N C C P P P N S'' C C N Theaters /Commercial Recreation N C [C] N C N N C P P C C N P C C P Ordinance No. 2546 -2011 (Substitute) Page 6 of 10 LAND USE TABLE KEY: P = Principal Permitted Use C= Conditional Use 5 = Secondary Use N =Not Permitted NOTE: Reference footnotes on following pages fo additional restrictions ZONING DISTRICTS INDUSTRIAL 1151 1452 RU Ilin CC CG IL ED R TSII II LC CMU LAND USES C RR RR1 IS Airports and Related Uses ® [C] N C ®® c ® P ®® N ® C Automotive Repair N C [ C ] N C N N C P P P P N N N N P Gas Manufacturer /Storage N N [0] N0 N N N N N CO NN N N N Manufacturing /Fabricating / Assembly N C [0] N C N N C C P P P N 0 C N 0 Mini - Storage Facility N C [C]N C N N C C P P P N N N C 0 Storage Yard N C [C] N C N N 0 0 P P P N N N N C Warehouses N C [C]N 0 N N C N P P P N C NN N PUBLIC/ INSTITUTIONAL LAND USES 0 RR RR] RS RS] RS2 RU 0C CG IL 1H CD R TSH LC CMU Charitable hrstitutions C C [0] C" C C C P P P P P P C P 0 P Churches* C Pm Pm Pie pm pm pm pm pm C C P P10 i' P P Clinics 0 C [C]N C C 0 0 P P P C 0 0 0 P P Colleges* C 0 [C] C" C C C C P P C C P C 00 P Elementary Schools* C C [ C I C' C C C C P P 0 0 P 0 CC P Governmental Buildings C C [0] 029 C C C C P P P C P C C P P High Schools* C C [0] C'v C C C C P P 0 0 P C 0 0 P Hospitals* C C [0] N C C C C P P P C C C 0 C P Libraries* C C [ C ] C" 0 C 0 Cyr P P P C P C P 0 P Museums C C [C] C" C C C C P P 1' C P C P C P Parks and Recreation P C [0] 029 C C C C P P P P P P P C P Assisted Living C C C C C C C C C 0 0 0 0 0 0 C MISCELLANEOUS LAND USES C RR RR I RS RSI RS2 RU 00 CG 11, 1H El) R TSH LC CMU Animal Boarding C 0 [C] N 0 0 N N 0 0 C 0 N 0 N C C Bed and Breakfasts 0 0 0 0 0 0 0 0 0 0 C N 0 0 C P Cabin Rentals C C [C] N C N N N P P P C N P P 0 P Ordinance No. 2546 -2011 (Substitute) Page 7 of 10 Cemeteries C C [C] N C N N N N C C C ® C C ®® C N N Crematories/Funeral Homes N C N C N N C C ® C C C Day Care Centers" C C [C] C" C C C C P P P C C P P Dormitories/Boarding Houses C C [0] N C C C P P" S C P N Mil P® C C P Essential Services P P P P P P P P P N P P P P Farming /General Agriculture * ** P P N N N N N N N N N Greenhouses/Tree Nurseries s C C [C] N C C C C P P P C N C C P Gunsmithing, Printing, Taxidermy N C [0] N C C C C P P P P P P Assemblies'' (Large: Circuses, Fairs, Etc.) 0 C [C] N C C C C Pls P" P" Fraternal Organizations/ Private Clubs /Social Halls and Union Halls N C [C] N C C C C P P P 0 P IIIII 0 P Nursing, Convalescent or Rest Homes N C [C] N C C C C P P C ® C C P Parking, Off-Street P P P P P P P P P P P P P Parking, Public Lots" 0 0 [C] N 0 0 0 0 0 0 0 Y Fa P 0 CC C Personal Services" C C [0]N C C C C P P 0 C P C C 111 P/ C" P Communications Towers & Antenna(s), Radio/TV Transmitters/Cell Sites * *'" P C [0] N C C C C P P C P 0 0 C Recreational Vehicle Parks C C [0] N C N N C C N 0 C N C Subsurface Extraction of Natural Resources16 0 0 0 0 C C C C C 0 0 N 0 NN N Surface Extraction of Natural Resources° C C [01N C N N G N C 0 0 N 0 N N N Ordinance No. 2546 -2011 (Substitute) Page 8 of 10 See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) See 42 Telecommunications Act of 1996, Sec. 704(a) * ** See, however, the limitations imposed under KMC 3.10 070 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. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2. One (I) 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; The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; 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. I I. 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 - sweet parking for the use shall be located to prevent traffic hazards on the public streets. g Ordinance No. 2546 -2011 (Substitute) Page 9 of 10 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 HI 4C 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 Permitted(P) Conditional Use(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Self- Service Laundries X Fitness Centers X Massage Therapist X Photographic Studios ailors 'fanning Salons Tattoo Parlors X Ordinance No. 2546 -2011 (Substitute) Page 10 of 10 Personal services not set forth in the above matrix are conditional uses. 28. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. 29. 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 constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing /survey of the parcel. KENAI. �ALASKA , Sponsored by: Council Member Molloy CITY OF KENAI ORDINANCE NO. 2546 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.22.010, LAND USE TABLE, TO MAKE COMPREHENSIVE CHANGES TO THE USES ALLOWED IN THE RURAL RESIDENTIAL RR -1 ZONING DISTRICT, INCLUDING CHANGING MANY "CONDITIONAL USES" TO USES "NOT PERMITTED," AND PROVIDING FOR CERTAIN "CONDITIONAL USES" FOR PROPERTIES ALONG THE KENAI SPUR HIGHWAY WITHIN THE RR -1 ZONING DISTRICT. WHEREAS, there are two (2) areas in the City of Kenai that are zoned as Rural Residential RR -1 Zoning Districts ( "RR -1 Zoning District "), which are the Three W's Subdivision and the area generally known as the "MAPS Area;" and, WHEREAS, in 1985, the residents of the MAPS Area desired to have the MAPS Area re- zoned from Rural Residential . (RR) and Suburban Residential (RS) Zoning Districts to the RR -1 Zoning District, and the City of Kenai re -zoned the MAPS Area to the RR -1 Zoning District; and, WHEREAS, in 1986, the residents of the Three Ws Subdivision desired to have the Three W's Subdivi.sion re -zoned from Rural Residential (RR) Zoning District to the RR- 1 Zoning District, and. the City of Kenai re -zoned the Three Ws Subdivision to the RR- 1 Zoning District; and, WHEREAS, historically, residents of these areas in the RR -1 Zoning District have been actively engaged in zoning issues and processes affecting their neighborhoods, expressing their desire to maintain the development of their neighborhoods as low density residential development that creates a stable and attractive residential environment; and, WHEREAS, residents of these areas in the RR -1 Zoning District have expressed significant concerns about the presently allowable types of land uses which are permitted or are conditional uses in their neighborhoods under the Land Use Table for the RR -1 Zoning District; and, WHEREAS, residents of these areas in the RR -1 Zoning District have made presentations to th.e Kenai City Council, Planning and Zoning Commission and Adrnini.stration regarding their concerns and. their proposed solutions; and, WHEREAS, residents of these areas in the RR -1 Zoning District desired to collaboratively work with the City through the public process to amend the land use table in order to promote the residential character of their neighborhoods, as follows: Protect against incompatible land uses; Preserve low density residential development; Prevent land uses that generate heavy traffic; and -27- Ordinance No. 2546 -2011 Page 2 of 3 Support a stable and predictable setting for future investment; and, WHEREAS, amending KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the RR -1 Zoning District, including changing many "conditional uses" to not permitted," and providing for certain conditional uses for properties along the Kenai. Spur Highway within the RR -1 Zoning District, will meet the specific intent of the RR -1 Zoning District and promote the residential character of Three W's Subdivision and the MAPS Area; and, WHEREAS, the Planning and Zoning Commission held a public hearing on 2011, and adopted a resolution making recommendations to the City Council on this ordinance; and, WHEREAS, it is in the best interests of the City of Kenai to amend the Land Use Table in KMC 14.22.010 to make comprehensive changes to the uses allowed in the RR -1 Zoning District, including changing many "conditional uses" to "not permitted," and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR -1 Zoning District. NOW, THEREFORE, BE 1T ORDAINED BY THE COUNCLL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of the Kenai Municipal Code KMC 14.22.010: The City of Kenai Municipal Code 7.4.22.010, Land Use Table, is hereby amended as shown on Attachment A to this ordinance. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is a.djudged 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 wou.ld have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.1.5.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF K I, ALASKA, this day of 2011. -28- PAT PORTER, MAYOR Ordinance No. 2546-2011 Page 3 of 3 A'ITEST: Carol L. Frea.s, City Clerk -29- Introduced: April Adopted: Effective: 2011 1.4.22.010 Land use table. KEY: P — Principal Permitted Use C= Conditional Use S= Secondary Use N = Not Permitted LAND USE TABLE NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAND USES One Family Dwelling Two /Three Family Dwelling Four Family Dwelling Five/Sln Family Dwelling Seven or More Fancily Dwelling Townhouses' Mobile Home Parks' Planned Unit Residential Development' COMMERCIAL LAND USES Co P C'" C' RR1 I I2S1 RS P [ P P P ._. I P RI P CC P" P" CG IL III � FM R 51 52 Si (1' P C Cn I' P L(: n P P 5 N 5 5 P P "_.. P 1 ' C C c N N C c:'" C C- C N C I VIN C C'" C. g0. c Auto notive Sales Automotive Service )1Stsmons Banks Business /Consumer Services i C RR 1 RR1 N c. K7N N i c: [CI N N I C . [C] N N C [C] N 0 C 0 C C C C C RS N N RSI ( 1152 N N C C. C C RD CC CG C P P C; (1 C ; C C C en y i P (. N N I P C P C N N C [ C" C C i N C (2 N (; C s4C" sUcz' C N C; C. N C C C' C N P 11 ED P 5 P N R C TSI ('. N P P C N P P C N C C Guide Service 1Iotels/Motels ;Lodge Professional OWces Restaurants Retail Business 'Nholesale Business Theaters/Cornmercial Recreation IN, C [C15 C it[C] N C C [C1N C. C C' C C [CINI C C [CI N [O] N C N C c: IN N N C P N C P C P i N Ir C P P P C N ( ! F C N 1 P P EC]N C N P P P P C I F . P P P C. I P P P I C N C; N BC N C: P N P C P P C C C S 5 C C P C: N 5 (. Page 1 of 5 New Text Underlined- [DELETED TEXT BRACKETED} Ordinance No. 2546 -2011 -30- Attachment A LAND USE TABLE KEY: P — Principal Permitted Use C =Conditional Use = Secondary Use N = Not Perm :lied NOTE; Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL 0 RR RRI I RS RSI RS2 [ RU CO2 P1 F0G P IL I' 1 11-1 p ED N R C TSH I LC N I N [ EMU C LAND USES Airports and Related Uses P") C l [0] N I 0 N N E C A utomotIve Repair N CI[CIN CIN NICIPIPTIP1P NI N N N P Ithe,Mmufacturer/Storage :N L N [CIN CIN NINININIC) 1 C'IN N NIN N Manufacturing/Fabricating* N Assembly I 0 KIN 0 N I N I C I C P I P I P I N 0 0 I N 1 0 I I Mini-Storage Facility N 0 [0]'N C CIN CIN NINIC N CHI N,C CIIP P P N N N101 0 0 Storage Yard N Cii[CIN N[P P P PIN/N P N N I Warehouses N C (01N P NIC I N \ N PUBLIC/ II INSTITUTIONAL i , E I 1 ■ E. LAND USES I 0 i RR RRI RS RS1 RSZ I Ci P'"1P° RU 00 00 10 ID ED P It TSH LO 0M11 [-- haritable Institutions I IC 0 [GIN 0 C I* III Pit* 1 P 0 P P —... ---4 0 E IP P II Churches* IC PI" Pia [CIN 1,1" 0 P° P'" 'IC 0 P P !Clinics C 0 C Cp.: P PIP PC0P010:0 IIICI C C P CICIP P Colleges* 00000100P 0 C C CHI flV- P ip P I Elementary Schools* 0 0 0a: C C I b P Governmental Buildings CIC 011* CI 010 0 P P ' C P 0 High Schools* CH: [ 1 , 0-2 C C i ( 1 2 , 0 P pc CPC CC P i [ I Hospitals* I C j CI r • f q N 0 I I C H C I P P P 010 c c c i tor p Libraries* (TIC [0]af C 0 0101121P P P a 0 PICIPIC P i Museums i0 P 0 C 1 q N C° 0 0 0 0 0[0 C 0 P PIP C P C11' 10 E C P P I !Parks and Recitation P P I P P P E P P Assisted Living 000000 -tt C i 0 0 i 0 , 0 I 0 0 0 0 MISCELLANEOUS [--- 1 RS2 I • r I [ [ LAND tISES ( 1 RR I RRI RS RSI 11.11 00 00 10 I III I ED R I TSH TS II LC 1 0h11[ Animal Boarding° C CtiC 0I1C1IS 0 CH .1C 0 01C0NIC 0. ICIN C N CI 0 Bed and Breakfasts C C CIj0 010 CHI P Cabin Rentals CI 0 0 C SI I NI N I P P I PICINI!" P ICI P Cemeteries 01 0 0 0 N INININ E C E C 010 C1CNCCIC1 0 C P P fl!C 0 iN 11 N 0 Oematories/Funeral Homes / Day Care Centers' N C 0 N C E N C C E N 0101I 0 P CIC° C ; I P ICI N [P] N C 0 P P I 1, P P C J: P1' I C I CI 0 PI P Dormitories/Boarding Houses 0 I P'I P 5 P 0 P 1 0 P ■ Essential Services ' P P P 1 P P I P P Farming/General Agriculture*** P P N 1 0 0 [0] N N 0 N 0 N I N I l o I N N N P N P N I N I I 0 I N P Greenhouses/Tree Nurseries II C p P N 0 0 Page 2 of 5 New Text Underline4; [DELETED TEXT BRACKETED' Ordinance No. 2546-2011 -31 - Attachment A LAND USE- TABLE KEY: p~ Principal Permitted Esc C2 Conditiona Use o~ Secondary Use *~ Nat Permitted NOTE: xo�w^��mnm�wa^up�:v^�sxx ,mmuwmm,�iu»o, ZONING DISTRICTS MISCELLANEOUS | � 4 Circuses, Fairs, — Fraternal organizations/ N C |[c]N C Private, Clubs/Social Halls | | and Union Halls c c|c o p c|PR ED R TSB LC Cmc r P po c r ,', | i | �^ 0 n c p/` o w o r m Nursing, Convalescent m !mx'o*xu | Parking, Off-Street {ltarkinu,"wic Lots" c Personal ServicesR !Communications Towers u , Antenna(s), Radio/TV r ' /[�C� ,|, P c p�� c c r c c [ClN c /c c/c v PP o [01N C C C !Recreational Vehicle Parks !c C (g NI c N N N i C C C Surface Extraction �'r |c c iKlN 0 N w| c ,|r c r » ' c c » � c C C c N c | 0 | 0 0 N c7-w c'x Natural See mm0A Scc. 2000ce (Religious use and Institutionalized Persons Act mmw) See m Telecommunications Act or|on6, Sec. ru^(a) ^ See however, the limitations intposed under KMC 3. 0.070 l Footnotes: Allowed as a sccondary use except on the ground fioor of the part of the huilcling fronting on coilector streets and najor highways. n industrial which falls under the landscaping/site plans requirements ofKMC|*.25 shall include any sccondary uses in the landscaping and site plans. z. One (/) single-family residence per parcel, which isvonof the main building. 3. Allowed as a eondilion-al use, sulijeet to satisfying the foltowing conditions: � ihe usable area per dwelling unit shall be the sarne as that requirecl for dwel [ing units in the ES Zone: h. The site square footage in area niust be approved by the Oonimission; � Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the xxum�� , d. Water o. flie proposed dwelling group will constitute 0 residenlial area ofsustained desirability and stability; will he in harmony with Ihc- eharneter of the surrounding neighborhood. and will not advarsely atTect surrounding properl.y values: The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recre-ational and community activities; There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs ofthe anticipated population; h. The development a"v|ume of trafflc in exeess of the eapaeity fbr whieh the access streets are designed: The property adjaeent to the proposed dwe[ling group will not be adversely affeeted. 4. See "Townhouses" section. C c C c w p w� 0 Ni N wi N � Page 3 of 5 New Text Unsderlined [DELETED TEXT BRACKETED] Ordinance No. 2546-20ll -32- �_ �aubmoot& v+ 5. See `Mobile Homes" .section. 6. Allowed as a conditional use, subject to "Mobile Hennes" section and provided that any n the minimum Federal Housing Authority requirements. See "Planned Unit Residential Development" section. 8. Allowed as 0 conditional use, provided that the proposed location and the characteristics of the site will not destrroy 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. I I. 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 6enefst to Nye public; b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public s 13. Allowed as a conditional use, provided that setbaccks, burr strips, and other provisions are adequate to assure that the use will not he a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. 14_ Allowed u5 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 he 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 aireret2 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 !Cried 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 61) 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 0 temporary or seasonal basis of not more than four (4) months per year. 27, tobile home park meets Services Art Studios Barbers Beauticians Dressmakers Spry Cleaners elf- Service Laundries n . ._ Fnness Centers limited Commercial Zone Permitted(P) Conditional [se(C) X X X X X v!assage Therapist 'hotographic Studios i arming Salons Tattoo X Page 4 of 5 New Text Underlined] [DELETED TEXT BRACKETED] Ordinance No. 2546 -2011 -33- Attachment A 2s. 29. Personal services not set forth in the above matrix are conditional uses Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 1420.255 and 14.20.150 are met. Use allowed only for those parcels that abut the Kenai Sour Highway. The access to any such pared must be either from (a) driveway access on the Kenai Spur btiehway, 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 draw:no/survey of the parcel. Page 5 of 5 New Text Underlined; [DELETED TEXT BKACKE'CED] Ordinance No. 2546 -2011 Attachment A -34- CITY OF KENAI PLANNING & ZONING COMMISSION AUGUST 10, 2011 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:01 p.m. 1 -a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Alleg 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -c. Agenda Approval ance. Chair J. Twait, H. Knackstedt, K. Koester, K. Rogers, T. Navarre, P. Bryson S. Romain City Planner M. Kebschu.11, Administrative Assistant N. Carver, Council Member B. Gabriel, Deputy City Clerk C. Hall Commissioner Navarre noted the following addition to the agenda: ADD TO: 5 -b. PZ06 -26 Email from Steve Voth, Captain Bligh's Beaver Creek Lodge MOTION: Commissioner Navarre MOVED to add the following: 7 -b. Discussion -- Outdoor Wood Burning Boilers. Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. MOTION: Commissioner Navarre MOVED to approve the agenda as amended and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1 -d. MOTION: Consent Agenda Commissioner Knackstedt MOVED to approve the consent agenda and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences Approved by consent agenda. ITEM 2: *APPROVAL OF MINUTES -- July 27, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4 -a. PZ11 -31 - A replat of Lot 1 and Lot 2 Enchanted Forest Subdivision Plat No. 84 -116. Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite #10, Soldotna, Alaska. MOTION: Commissioner Knackstedt MOVED to approve PZ11 -31 and Commissioner Rogers SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet and recommended approval with no contingencies. MOTION: Commissioner Navarre MOVED to amend PZ11 -31 by adding the contingency to correct the spelling of Princess on the plat and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5 -a. PZ11 -30 - A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential RR -1 Zoning District. (Ordinance No. 2546 -2011 - An ordinance of the Council of the City of Kenai, Alaska, amending KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential 1 (RR -1) zoning district including changing many "Conditional Uses" to uses "Not PLANNING AND ZONING COMMISSION MEETING AUGUST 10, 2011 PAGE 2 Permitted," and providing for certain "Conditional Uses" for properties along the Kenai Spur Highway within the RR -1 zoning district.) MOTION: Commissioner Bryson MOVED to approve PZ11 -30 and Commissioner Rogers SECONDED the motion. Kebschull reviewed the staff report included in the packet. Twait read the rules of public speaking and opened the meeting to public hearing. Charles Winegarden, 309 Princess -- thanked the Commission for their work, noting areas of agreement and disagreement. Colleen Ward, 708 Magic -- spoke against the resolution, and in favor of the Council ordinance. Commissioner Navarre asked Ward if she believed part of the land use table should be presented to the Council without the entire table. Ward answered yes. There being no one else wishing to speak, the public hearing was closed. Commissioner comments included: Navarre reported he was in favor of working through all parts of the Land Use Table rather than each area separately before forwarding it to Council. Koester spoke against moving forward until all work was done. Bryson noted 67% of the RR1 zone was more restrictive, with 40% changed to not allowed. He suggested a public hearing at the Council level. Knackstedt noted he would like to continue working on the Land Use Table as a whole. MOTION: Commissioner Knackstedt MOVED to postpone PZ11 -30 until the Planning and Zoning Commission is prepared to make recommendations to Council with the understanding that the Planning and Zoning Commission is dedicated to completing the Land Use Table in its entirety. Commissioner Navarre SECONDED the motion. VOTE ON POSTPONEMENT: Knackstedt 1 YES Koester YES i Rogers 1 YES Navarre YES Twait YES Bryson NO , Romain ABSENT PLANNING AND ZONING COMMISSION MEETING AUGUST 10, 2011 PAGE 3 MOTION PASSED. 5 -b. PZO6 -26 - A public hearing to consider revocation of Conditional Use Permits for Cabin Rentals, Lodging & Guide Service, for the properties known as Lots 4 & 5, Angler Acres Subdivision Part 3 (1035 & 1045 Angler Drive). At the August 11, 2010 meeting, the Commission postponed revocation action for 1 year to provide an opportunity for the permit holders to comply with conditions of the permits. Properties are owned and operated by Rick & Steve Voth, Captain Bligh's Beaver Creek Lodge, 1035 Angler Drive, Kenai, Alaska. MOTION: Commissioner Bryson MOVED to amend Resolution No. PZ06 -26 by substitution. Commissioner Koester SECONDED the motion. Administrative Assistant Carver reviewed the staff report included in the packet, noting the addition of the lay down and noting the property was in full compliance at present. Kebschull recommended dismissal under Finding No. 18 in Resolution No. PZ06 -26: • That the Commission dismisses the revocation and the permit will continue to operate under the requirements of KMC 14.20.150(g), and the following specific requirements: Lodging, Guiding, Use restricted to 3 guide boats, continue enforcement of house rules for properties. MOTION: Commissioner Navarre MOVED to correct the typographical error on page 33 and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. ITEM 6: UNFINISHED BUSINESS -- None. ITEM 7: NEW BUSINESS 7 -a. Discussion -- Setting special meeting to hold a work session to continue review of Land Use Table. BREAK: 7:46 P.M. BACK TO ORDER: 7:47 P.M. Commissioner Koester expressed concern with items falling off the table at the Council level after the October election, and recommended holding a work session to continue work on the Land Use Table. Deputy Clerk Hall read Kenai Municipal Code 1.15.050(e) into the record. PLANNING AND ZONING COMMISSION MEETING AUGUST 10, 2011 PAGE 4 After brief discussion, a work session was set for August 16, 2011 from 6:00 to 9:00 p.m. with a light meal provided. 7 -b. Discussion -- Outdoor Wood Burning Boilers MOTION: Commissioner Navarre MOVED to request City Council enacts a moratorium on the construction and use of outdoor wood burning appliances and structures within the residential zoning districts of the City of Kenai. The moratorium shall not include the casual use of grills or outdoor ovens used for preparation of food. Commissioner Knackstedt SECONDED the motion. Navarre reported he wanted to protect the public and environment. Kebschull reported on the time table of the draft ordinance. Koester requested clarification of legality of a moratorium. Kebschull reported they must be time specific and serve a public purpose. wait opened the hearing to public comment. Kristine Schmidt, 513 Ash Avenue -- suggested a nuisance ordinance regarding smoke rather than a moratorium on wood burners. There being no one else wishing to speak, the public hearing was closed. Bryson reported he believed a moratorium was premature. Navarre withdrew his motion. MOTION: Commissioner Navarre MOVED to request City Council enacts a moratorium on the construction and use of outdoor wood burning boilers. MOTION FAILED FOR LACK OF SECOND. ITEM 8: PENDING ITEMS -- None. ITEM 9: REPORTS 9 -a. City Council -- Council Member Gabriel reviewed the action agenda items from the August 3, 2011 Council meeting which were included in the packet, and commended the Commission on their work on the Land Use Table. 9 -b. Borough Planning -- Commissioner Bryson reviewed the agenda of the PLANNING AND ZONING COMMISSION MEETING AUGUST 10, 2011 PAGE 5 August 11, 2011 Borough Planning Commission meeting. 9 -c. Administration -- Kebschull reported she would be out of town until September 8, 2011 and Administrative Assistant Carver would be in charge, and noted zoning map updates would be on the August 24 agenda with the recommendation that Council adopt the changes. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 11: INFORMATION ITEMS -- None. ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. August 24, 2011 No commissioners requested an excused absence from the August 24, 2011 meeting. ITEM 13: COMMISSION COMMENTS & QUESTIONS Navarre thanked Council members for attending the meetings and thanked the Commission for their work on the Comprehensive Plan. ITEM 14: MOTION: ADJOURNMENT Commissioner Knackstedt MOVED to adjourn and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:33 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING AUGUST 10, 2011 PAGE 6 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -30 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE 14.22.010, LAND USE TABLE, TO MAKE COMPREHENSIVE CHANGES TO THE USES ALLOWED IN THE RURAL RESIDENTIAL RR -1 ZONING DISTRICT. WHEREAS, on April 6, 2011, Kenai City Council introduced Ordinance No. 2546 -2011 to amend KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential 1 (RR -1) Zoning District; and, WHEREAS, on April 6, 2011, Kenai City Council postponed action on Ordinance No. 2546 -2011 until May 18, 2011, to provide an opportunity to send the Ordinance to the Planning & Zoning Commission to hold work sessions and a public hearing and to send their recommendations to City Council for a public hearing on May 18, 2011; and, WHEREAS, the Planning & Zoning Commission held a work session on April 27, 2011 and during their regular meeting on April 27, 2011, voted against holding a public hearing on the proposed Ordinance citing the need for additional time to conduct a comprehensive review of the entire Land Use Table for all residential zones in the City and that with the beginning of an update to the City's Comprehensive Plan, the time may not be appropriate for an amendment; and, WHEREAS, on May 18, 2011, Kenai City Council held a public hearing and postponed action Ordinance No 2546 -2011 and requested the Planning & Zoning Commission hold additional work sessions and a public hearing and to send a recommendation to Council for Council's August 17, 2011 meeting; and, WHEREAS, the Planning & Zoning Commission held work sessions on June 8, June 22, July 13, and July 27, 2011; and, WHEREAS, during the work sessions, the Commission reviewed land use in the City of Kenai considering lot size, density, city infrastructure including water and sewer and street construction, and location of subdivisions so that this information could be used to make informed recommendations when reviewing the proposed ordinance; and, WHEREAS, based on the review of land use and development in the City, the Commission finds that the existing zoning for the two (2) areas in the City of Kenai that are zoned as RR -1, which are the Three Ws Subdivision and the area generally known as the "MAPS Area may not accurately describe these two areas;" and, New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZII -30 - Page 1 WHEREAS, the Commission recommends that during the Comprehensive Plan update that zoning in the City of Kenai be reviewed for possible changes and rezones based on development; and, WHEREAS, residents of these areas in the RR -1 Zoning District have expressed significant concerns about the presently allowable types of land uses which are permitted or are conditional uses in their neighborhoods under the Land Use Table for the RR -1 Zoning District; and, WHEREAS, residents of these areas in the RR -1 Zoning District have made presentations to the Kenai City Council, Planning and Zoning Commission and Administration regarding their concerns and their proposed solutions; and, WHEREAS, residents of these areas in the RR -1 Zoning District desired to collaboratively work with the City through the public process to amend the land use table in order to promote the residential character of their neighborhoods, as follows: Protect against incompatible land uses; Preserve low density residential development; Prevent land uses that generate heavy traffic; and Support a stable and predictable setting for future investment; and, WHEREAS, after listening to the concerns of the RR1 neighborhoods, the Commission agreed neighborhoods should be protected from some commercial uses and that other neighborhood zones in the City should also be protected; and, WHEREAS, the ordinance proposes to amend the Land Use Table in KMC 14.22.010 to make comprehensive changes to the uses allowed in the RR -1 Zoning District, including changing many "conditional uses" to not permitted," and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR -1 Zoning District; and, WHEREAS, the Commission believes that the proposed ordinance is too restrictive and that the existing process required for conditional uses in the City provides the protection necessary while allowing uses that can be operated without adversely affecting neighborhoods; and, WHEREAS, the Planning and Zoning Commission recommends several changes from the changes proposed in Ordinance No. 2546 -2011 to KMC 14.22.010, Land Use Table; and, NOW, THEREFORE, BE IT RESOLVED THAT THE THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE 14.22.010, LAND USE TABLE AS SHOWN ON ATTACHMENT A: Dated at Kenai, Alaska this 10th day of August, 2011. CHAIR: ATTEST: New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZtI -30 - Page 2 14.22.010 Land use table. LAND USE TABLE KEY: P= Principal Permitted Use C - Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAND USES C RR RRI RS RSI RS2 RU CC CG IL III ED R TSB LC CMU One Family Dwelling Cl" P P P P P P P" S' s' s' C" P p PSI/C21 Two /Three Family Dwelling C" P P P P P P P21 S' C C C" P P P S' /C" Four Family Dwelling C'" P C." P N N P P21 S' C C C" N P C S' /C' Five/Six Family Dwelling C" C3 N P N N P P21 S' C C N N P C S' /C2t Seven or More Family Dwelling Ca C' N C3 N N P P S I C C N N P CSI/C2' Townhouses4 C" C C C C C C C C C C C2 C C C C Mobile Home Parks% N C [C] N C C C C 0 0 0 0 N 0 N N C Planned Unit Residential Development' CI' C C C C C C C C C C N C C C C COMMERCIAL LAND USES 0 RR RR1 RS RSI 1252 RU CC 00 IL III ED R TSB LC CMU Automotive Sales N C [C] N N N N C P P P P N N N N P Automotive Sery ice Stations NC [C] N N N N 0 P P P P N C N N P Banks N C C — ' C N N C P P P C N C 0 0 P Business /Consumer Services N 0 Q22 0 N N C P P P 0 N 0 C C P Guide Service N C [C] N C N N C P P P P N P P C P Hotels/Motels N 0 0 22 0 N N C P P P C N C P C P Lodge N C C's C N N C P P P C N P P C P Professional Offices N C C 2 2 C N N P P P P P N C P P p Restaurants N C [C] N C N N C P P P C N C C C P Retail Business N26 C C1 C N N C P P P P S2i S24 C C P Wholesale Business N C [C]N[ 0 N N 0 C P P P N S2A C 0 N Theaters[ /COMMERCIAL RECREATION] N C [C] N C N N 0 P P 0 C N P 0 C P Commercial Recreation N C N C N N C P P C C N P C C New Text Underlined 'DELETED TEXT BRACKETED) Resolution PZ11 -30 Attachment A LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LAND USES C RR RRI RS RSI RS2 RU CC CG IL IR ED R TSFI LC CMU Airports and Related Uses P2' C [C] N C N N C P P PP N C N N C Automotive Repair N C [ C ] N C N N C P P P P N N N N P Gas Manufacturer /Storage N N [C] NC N N N N N C9 C' N N N N N Manufacturing /Fabricating/ Assembly N C [C] N C N N C C P P P N C C N C Mini - Storage Facility N C [C]N C N N C C P P P N N N C C Storage Yard N C [C] N C N N C C P P P N N N N C Warehouses N C [ C ] N C N N C N P P P N C N N N PUBLIC/ INSTITUTIONAL LAND USES C RR RRI RS RSI RS2 RU CC CG IL 1H ED R 'CSI; LC CMU [CHARITABLE INSTITUTIONS] [C] [C] [C] [C] [C] [C] [P] [P] [P] [P] [P] [P] [C] [P] [C] [P] Churches* C P10 P'° Pm Pm pin pm Pm Pm C C P P'" P P P Clinics C C C C C C C P P P C C C C P P Colleges* C C C n 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 CC C C C C C P P P C P C C P P High Schools* C C C am . 0 C C C P P C C P C C C P ;Hospitals* C C [C]N C C 0 0 P P P C C C C C P Libraries* C C C1' C C C C° P P P C P C P C P Museums C C C" C C C C P P P C P C P C P Parks and Recreation P C C C C C C P P P p p p p C p Assisted Living C C C C C C C C C C C C C C C C MISCELLANEOUS LAND USES C RR RRI RS RSt 12S2 RU CC CG IL III ED R TSH LC CMU Animal Boarding' C C [C] N C C N N C C C C N C N C C Bed and Breakfasts CC C C C C C C C C C N C C C P Cabin Rentals CC C C N N N P P P C N P P C P Cemeteries CC C C N N N N C C C N C C N N Crematories/Funeral Homes N C HN C N N C C C. C C N C C C C Day Care Centersi2 C C C2 —' 0 C 0 0 P P P C C C C P P Dormitories/Boarding Houses CC C C C C P P21 S C p P2" C C C P Essential Services PP P P PP P P p p p p p p p p Farming /General Agriculture * ** P P N N N N N N N N P N P N N N Greenhouses/Tree Nurseries" C C [ C ] N C C 0 0 P P P C N C C C P New Text Underlined. [DELETED TEXT BRACKETED] Resolution PZ11 -30 Attachment A KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS iQISCELLANEOUS LAND USES C RR RR I RS RS I RS2 RU CC CG IL IRI ED R TS} I LC CMU Gunsmit ing,[ PRINTING,I Taxidermy N C C C C C N P p IIII p p Assembliesls (Large: Circuses, Fairs, Etc.) C N C [CIN [CI N C C C C C C P P p15 N Fraternal Organizations/ Private Clubs /Social Halls and Union Halls Nursing, Convalescent or Rest Homes N [P] nua® [C] N C C IP] C ® ® P ®® C IPl C CIE 111111111111111110 C C C [P] [Pl P [PARKING, OFF - STREET] Parking, Public Lots" ® C ® ®�1111® C C Personal Services' C C C C P P P Communications Towers & Antenna(s), Radio/TV Transmitters /Cell Sites ** 2 P IC C C C C P P P P C Recreational Vehicle Parks C C [C] N C N N C C C C C N C C N C Subsurface Extraction of Natural Resources 6 C C C C C C C C C C C N C N N N Surface Extraction of Natural Resources' C C [CI N C N N C N C C C N C N N N See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) ** See 42 Telecommunications Act of 1996, Sec, 704 a) * ** See, however, the limitations imposed under KMC 3.10.070 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. Commercial or industrial which falls under the landscaping /site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 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; E 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. New Text Underlined- [DELETED TEXT BRACKETED] Resolution PZ11 -30 Attachment A 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 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 govemment 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 Permitted(P) Conditional lise(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Self- Service Laundries X Fitness Centers X Massage Therapist X Photographic Studios X Tailors X Tanning Salons X Tattoo Parlors X New Text Underlined. [DELETED TEXT BRACKETED] Resolution PZ11 -30 Attachment A 28. 29. Personal services not set forth in the above matrix are conditional uses. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. UJse allowed only for those parcels that abut the Kenai Spur Highway, Beaver Loop Road, Bridge Access Road. and Kalifornsky Beach Road. Access to the parcel must be from these streets unless applicant can provide documentation that an application for a driveway permit has been denied by the State of Alaska or City of Kenai. In that case, the Commission may consider alternate ingress and egress. Driveways should be located a reasonable distance from the Kenai Spur Highway Beaver Loop Road. Bridge Access Road, and Kalifornsky Beach Road to ensure the driveway does not create an unsafe traffic pattern and to ensure that traffic impact to the neighborhood is minimized. Industry established trip generation standards for the commercial use should he used to determine the impact to the neighborhood. New Text Underlined. {DELETED TEXT BRACKETED] Resolution PZ11 -30 Attachment A PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA ss: Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legais of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Public Notice PO 496546 a printed copy of which is hereto annexed was published in said paper one each and every day for day following dates: August 14, 2011 consecutive one successive and in the issues on the X SUBSCRIBED AND SWORN to me before 18th day of August NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 PUSLIC NOTICE ice is hereby given, the Kenai City Council will me etin a woi session on Monday, August 15, 2011 to discuss Ordinance No. 254 2011. The work session will located at 210 Pidalgo p.m. The work session Contact the Kenai City questions. C be held in. the Kenai .City Council Chamb Avenue, Kenai, Alaska and will begin at 6: is open to the public. Clerk's office. at 283 -7535, extens.