HomeMy WebLinkAbout2011-08-24 Planning & Zoning Packet - Work SessionWorking Documents
August 24, 2011
Work Session
1. Land Use Table Worksheets
2.Resolution PZ11 -30 with Attachment A
3.Resolution PZ11 -30 (Substitute) with
Attachment A
4.Mental Health Trust Letter from 8/16/11
5.Ord. 2546 -2011
6.Ord. 2546 -2011 (Substitute)
14.22.010 Land use table.
P = Principal Permitted Us
C = Conditional Use
S = Secondary Use
N = Not Permitted
ZONING DISTRICTS
RESIDENTIAL
LAND USES
RR
RRI
RS
RS1
RS2
RU
One Family Dwelling
P
P
P
P
P
P
Two/Three Family Dwelling
P
P
P
P
P
P
Four Family Dwelling
P
C3 29.'0
P
N
N
P
Five /Six Family Dwelling
C3
N
P
N
N
P
Seven or More Family Dwelling
C3
N
C3
N
N
P
Townhouses'
C3
C3
C3
C3
C3
C'
Mobile Home Parks6
[C]N
[C] N
[C]N
[C]N
[C]N
[C]N
Planned Unit Residential Development'
C
C
C
C
C
C
New Text Underlined; [DELETED TEXT BRACKETED]
Work Session Results — August 16, 2011
COMMERCIAL
LAND USES
RR
RR1
RS
RS1
RS2
RU
Automotive Sales
c29. 30
[CJN
N
N
N
[C]N
Automotive Service Stations
C29 =3°
[C] N
N
N
N
[C]N
Banks
C29.30
09 -30
[CJN
N
N
[C]N
Business /Consumer
Services
C
C2929_3°
0_9_,H)
N
N
[C]N
Guide Service
C2929 -30
[C] N
[C]N
N
N
[C]N
Hotels/Motels
09 -3°
[C] N
[C]N
N
N
C
Lodge
C
[C] N
[C]N
N
N
C
Professional Offices
C
C2a3 °3D
C
N
N
[P]C
Restaurants
C29.3°
[C] N
C29_3°
N
N
C
Retail Business
C
C2v3°
C29_3°
N
N
C
Wholesale Business
C
[C] N
[C]N
N
N
[C]N
Theaters[ /COMMERCIAL
RECREATION]
C2930
[C] N
[C]N
N
N
C
Commercial Recreation
C
[C] N
[C]N
N
N
C
New Text Underlined; [DELETED TEXT BRACKETED]
Work Session Results — August 16, 2011
INDUSTRIAL,
LAND USES
RR
RR1
RS
RSI
RS2
RU
Airports and Related Uses
[C]N
[C] N
[C] N
N
N
[C] N
Automotive Repair
C
[C] N
[C] N
N
N
[C] N
Gas Manufacturer /Storage
N
[C] N
[C] N
N
N
N
Manufacturing /Fabricating/ Assembly
C
[C] N
[C] N
N
N
[C] N
Mini - Storage Facility
C
[C] N
[C] N
N
N
[C] N
Storage Yard
C
[C] N
[C] N
N
N
[C] N
Warehouses
C
[C] N
[C] N
N
N
[C] N
New Text Underlined; [DELETED TEXT BRACKETED]
Work Session Results — August 16, 2011
PUBLIC/
INSTITUTIONAL
LAND USES
RR
RR1
RS
RS1
RS2
RU
[CHARITABLE INSTITUTIONS]
[C]
[C]
[C]
[C]
[C]
[P]
Churches*
p10
p10
p10
p10
pia
pin
Clinics
C
09.3o
C293°
[C] N
[C] N
C
Colleges*
C
C29_3o
C293°
[C] N
[C] N
C
Elementary Schools*
C
C2929:3°
C
C
C
C
Governmental Buildings
C
C
C
C
C
C
High Schools*
C
C29,3°
[C]N
[C] N
[C] N
[C] N
Hospitals*
C
[C] N
[C]N
[C] N
[C] N
[C] N
Libraries*
C
C29_30
C2' -30
[C] N
[C] N
C12
Museums
C
C29_30
C293°
[C] N
[C] N
C
Parks and Recreation
C
C
C
C
C
C
Assisted Living
C
C
C
C
C
C
New Text Underlined; [DELETED TEXT BRACKETED]
Work Session Results — August 16, 2011
MISCELLANEOUS
LAND USES
RR
RR1
RS
RS1
RS2
RU
Animal Boarding"
C
[C] N
[C]N
[C] N
N
N
Bed and Breakfasts
C
C
C
C
C
C
Cabin Rentals
C
[C] N
[C] N
N
N
N
Cemeteries
C
[C] N
[C]N
N
N
N
Crematories/Funeral Homes
C
N
[C]N
N
N
[C] N
Day Carc Centers"
C
C79 .30
C29 -30
[C] N
[C] N
C
Dormitories /Boarding Houses
C
c29.30
C29 0
[C] N
[C] N
[P]C
Essential Services
P
P
P
P
P
P
Farming /General
Agriculture * **
P
N
N
N
N
N
Greenhouses /Tree
Nurseries''
C
[C] N
C2i30
[C] N
[C] N
[C] N
Gunsmithing, [PRINTING]
Taxidermy
C
C2929_30
C29 =30
[C] N
[C] N
[C] N
Assemblies15 (Large:
Circuses, Fairs, Etc.)
C
[C] N
[C]N
[C]N
[C] N
[C] N
Fraternal Organizations/ Private
Clubs /Social Halls and Union Halls
C
[C] N
[C]N
[C] N
[C] __N
[C] N
Nursing, Convalescent or Rest
Homes
C
[C] N
[C]N
[C] N
[C] N
[C] N
[PARKING, OFF - STREET]
[P1
[P]
[P]
[P1
[P]
[P1
Parking, Public Lots12
C
[C] N
[C]N
[C]N
[C]N
C
Personal Services25
C
(-+29_30
C29_30
Cz930
C29_30
C
Communications Towers &
Antenna(s), Radio /TV
Transmitters /Cell Sites ** 28
C
[C] N
[C]N
[C] N
[C] N
C
Recreational Vehicle Parks
C
[C] N
[C]N
N
N
[C] N
Subsurface Extraction of Natural
Resources
C
C
C
C
C
C
Surface Extraction of
Natural Resources"
C
[C] N
[C]N
N
N
[C] N
New Text Underlined; [DELETED TEXT BRACKETED]
Work Session Results — August 16, 2011
\tote cet a f
KENAI, ALASKA
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 W's 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 PZ11 -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 30th day of August, 2011
CHAIR: 8/10/11 Public Hearing - postponed
ATTEST:
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution PZl 1 -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
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
One Family Dwelling
CR
P
P
P
P
P
P
P2'
S'
S2
s2
c22
P
P
P
S' /C21
Two/Three Family
Dwelling
CB
P
P
P
P
P
P
P21
S'
C
C
C22
P
P
p
S'/C21
Four Family Dwelling
C's
P
C3•12
P
N
N
P
P21
S'
C
C
C22
N
P
C
S' /C21
Five /Six Family Dwelling
C'$
C3
N
P
N
N
P
P21
S'
C
C
N
N
P
C
S' /C21
Seven or More Family
Dwelling
C'"
C3
N
0
N
N
P
P21
S'
C
C
N
N
P
C
S1 /C21
Townhouses'
Ct8
C
C
C
C
C
C
C
C
C
C
C22
CC
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
C1s
C
C
C
C
C
C
C
C
C
C
N
C
C
C
C
COMMERCIAL
LAND USES
C
RR
RR1
RS
RS
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
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
C
N
N
C
P
PP
C
N
C
C
C
P
Business /Consumer
Services
N
C
C—
C
N
N
C
P
P
P
C
N
C
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
C
C
C
N
N
C
P
P
P
C
N
C
P
C
P
Lodge
N
C
C 2 9
C
N
N
C
P
P
P
C
N
P
P
C
P
Professional Offices
NC
C am '
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
C-22
C
N
N
CF.
P
P
P
S24
S24
C
C
P
Wholesale Business
N
C
[C] N
C
N
N
C
C
P
P
P
N
524
C
C
N
Theaters[ /COMMERCIAL
RECREATION]
N
C
[C] N
C
N
N
C
P
P
C
C
N
P
C
C
P
Commercial Recreation
NC
N
C
N
N
C
P
P
C
C
N
P
C
C
P
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution PZ11 -30
Attachment A — Page 1
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on follaving pages for
additional restrictions
ZONING DISTRICTS
INDUSTRIAL
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Airports and Related Uses
P2D
C
[C] NC
N
N
C
P
P
P
P
NC
NN
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
C9
NN
NN
N
Manufacturing/Fabricating /
Assembly
N
C
[C] NC
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
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
[CHARITABLE
INSTITUTIONS]
[C]
[C]
[C]
[C]
[C]
[C]
[P]
[P]
[P]
[P]
[P]
[P]
[C]
[P]
[C]
[P]
Churches*
C
P"'
P10
P'0
PI"
Pm
P'0
P'0
P'0
C
C
P
P'9
P
P
P
Clinics
C
C
C 2 9
C
C
C
C
P
P
P
C
C
C
C
P
P
Colleges*
C
C
0
C
C
CC
P
P
C
C
P
C
C
C
P
Elementary Schools*
C
C
C 2 9
C
C
C
C
P
P
C
C
P
C
CC
P
Governmental Buildings
CC
CC
C
C
C
P
P
P
C
P
C
C
P
P
High Schools*
C
C
C E 9
C
C
C
C
P
P
C
C
P
C
C
C
P
Hospitals*
C
C
[C] N
C
C
C
C
P
P
P
C
C
C
C
C
P
Libraries*
C
C
C
C
C
C
C12
P
P
P
C
P
C
P
C
P
Museums
C
C
C 2 9
C
C
C
C
P
P
P
C
P
C
P
C
P
Parks and Recreation
PC
CC
C
C
C
P
P
P
P
P
P
P
C
p
Assisted Living
CC
CC
C
C
C
C
C
C
C
C
C
C
C
C
MISCELLANEOUS
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
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
CC
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
CC
N
N
N
N
C
C
C
N
C
C
N
N
Crematories/Funeral Homes
NC
N
C
NN
C
C
C
C
C
NC
CC
C
Day Care Centers12
C
C
C 2 9
C
C
C
C
P
P
P
C
C
C
C
P
P
Dormitories/Boarding
Houses
CC
CC
C
C
P
P21
S
C
P
P23
C
C
C
P
Essential Services
PP
P
P
p
P
p
P
P
P
p
p
p
p
p
p
Farming /General
Agriculture* * *
P
P
NN
N
N
N
N
N
N
P
N
P
N
N
N
Greenhouses/Tree
Nurseries13
C
C
[C] N
C
C
C
C
P
P
P
C
N
C
C
C
P
LAND USE TABLE
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution PZ11 -30
Attachment A — Page 2
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
MISCELLANEOUS
LAND USES
C
RR
RR1
RS
RSI
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Gunsmithing,[ PRINTING,]
Taxidermy
N
C
C
C
C
C
C
P
P
P
P
N
C
P
P
P
Assemblies15 (Large:
Circuses, Fairs, Etc.)
C
C
[C] N
C
C
C
C
P's
p"5
P'5
p'5
pis
C
P
N
P15
Fraternal Organizations/
Private Clubs /Social Halls
and Union Halls
N
C
[C] N
C
C
C
C
P
P
P
C
N
C
P
C
P
Nursing, Convalescent or
Rest Homes
N
C
[C] N
C
C
C
C
P
P
C
C
C
C
CC
P
[PARKING, OFF - STREET]
[P]
[P] 1
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
Parking, Public Lots12
C
C
[C] N
C
C
CC
CC
C
C
C
C
C
C
C
Personal Services25
C
C
C-22
C
C
CC
P
P
P
P
C
C
P
P/
C2'
P
Communications Towers &
Antenna(s), Radio/TV
Transmitters /Cell Sites** 28
P
C
[C] N
C
C
C
C
P
P
P
P
P
C
C
C
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
[C] N
C
N
N
C
N
C
S C
C
N
C
NN
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;
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.
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution PZ11 -30
Attachment A — Page 3
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 beprovided between said use and any adjoining property
in a residential zone.
b. Exits and entrances and off - street parking for the use shall be located to prevent traffic hazards on the public
streets.
16. See "Conditional Uses" section.
17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
18. Conditional Use allowed only on privately held property. Not allowed on government lands.
19. Deleted by Ordinance 2144 -2006.
20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for
properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or
parking aprons, FAA authorized uses are allowed.
21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones.
22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or
students for a school in the zone.
23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house
students for a school or educational facility.
24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within
another business).
25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self - service laundries, fitness centers,
photographic studios, tailors, tanning salons and massage therapists.
26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year.
27.
Limited Commercial Zone
Personal Services
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
X
Tailors
X
Tanning Salons
X
Tattoo Parlors
X
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution PZ11 -30
Attachment A — Page 4
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.
Use 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 be used to determine the impact to the neighborhood.
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution PZ11 -30
Attachment A — Page 5
\the city j
KENAI ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ11 -30 (Substitute)
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 SUBURBAN
RESIDENTIAL (RS), SUBURBAN RESIDENTIAL 1 (RS1), SUBURBAN RESIDENTIAL 2
(RS2), RURAL RESIDENTIAL (RR), RURAL RESIDENTIAL RR -1, AND THE URBAN
RESIDENTIAL (RU) ZONING DISTRICTS.
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 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 on 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, residents of these areas in the RR -1 Zoning District 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,
New Text Underlined• [DELETED TEXT BRACKETED]
Resolution PZ11- 30(Substitute) - Page 1
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, 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 Commission also reviewed land uses for other residential zones including
the Suburban Residential (RS) Zone, Suburban Residential 1 (RS1) Zone, Suburban
Residential 2 (RS2) Zone, Rural Residential (RR) Zone, and Urban Residential (RU) Zone
and proposes amendments to the Land Use Table in KMC 14.22.010; 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 & Zoning Commission held work sessions on June 8, June 22,
July 13, and July 27, August 10, 2011; and,
WHEREAS, the Planning & Zoning Commission held a public hearing on August 10, 2011,
and postponed making a recommendation to hold additional work sessions to complete the
review of the Land Use Table for residential zones; and,
WHEREAS, the Planning & Zoning Commission held additional work sessions on August
16, and August 24, 2011; and,
WHEREAS, during these 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 and development within existing zones may not accurately
intent and definition of zones as defined in Kenai. Municipal Code Chapter 14; and,
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, 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
several changes to KMC 14.22.010, Land Use Table for the RS, RS1, RS2, RR, RRI and RU
Zones to provide protection for all residential zones in the City; and,
New Text Underlined- [DELETED TEXT BRACKETED]
Resolution PZI 1- 30(Substitute) - Page 2
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 30th day of August, 2011.
CHAIR:
ATTEST:
New Text Underlined• [DELETED TEXT BRACKETED]
Resolution PZ11- 30(Substitute) - Page 3
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
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
One Family Dwelling
C18
P
P
P
P
P
P
P21
S'
S2
S2
C22
P
P
P
S' /C21
Two/Three Family
Dwelling
C'8
P
P
P
P
P
P
P21
S'
C
C
C22
P
P
P
S'/C21
Four Family Dwelling
C18
P
C3.1
P
N
N
P
P21
S'
C
C
C22
N
P
C
S'/C21
Five /Six Family Dwelling
C18
C3
N
P
N
N
P
P21
S'
C
C
N
N
P
C
S' /C21
Seven or More Family
Dwelling
C18
C3
N
C3
N
N
P
P2'
S'
C
C
N
N
P
CSI/C2'
Townhouses4
C16
C
C
C
C
C
C
C
C
C
C
C22
C
C
C
C
Mobile Home Parks
N
[C] N
[C] N
[C] N
[C] N
[C] N
[C] N
C
C
C
C
N
C
N
N
C
Planned Unit Residential
Development
C18
C
C
C
C
C
C
C
C
C
C
N
C
C
C
C
COMMERCIAL
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Automotive Sales
N
C2y
[C] N
N
N
N
[C] N
P
P
P
P
N
N
N
N
P
Automotive Service
Stations
N
C12
[C] N
N
N
N
[C] N
P
P
P
P
N
C
N
N
P
Banks
N
C 1 2
C[C]NN
N
[C] N
P
P
P
C
N
C
C
C
P
Business /Consumer
Services
N
C
CZy
CZy
N
N
[C] N
P
P
P
C
N
C
C
C
P
Guide Service
N
[C] N
[C]N
N
N
[C] N
P
P
P
P
N
P
P
C
P
Hotels /Motels
N
C22
C
[C]N
N
N
C
P
P
P
C
N
C
P
C
P
Lodge
N
C
C-
[C]N
N
N
C
P
P
P
C
N
P
P
C
P
Professional Offices
NC
C r y
C
N
N
[P]C
P
P
P
P
N
C
P
P
P
Restaurants
N
C 2 y
[C] N
C 12
N
N
C
P
P
P
C
N
C
C
C
P
Retail Business
N26
C
C2y
C 2y
N
N
C
P
P
P
P
S24
S24
C
C
P
Wholesale Business
N
C
[C] N
[C]N
N
N
[C] N
C
P
P
P
N
S24
C
C
N
Theaters[ /COMMERCIAL
RECREATION]
N
C22
[C] N
[C]N
N
N
C
P
P
C
C
N
P
C
C
P
Commercial Recreation
NC
N
N
N
N
C
P
P
C
C
N
P
C
C
P
New Text Underlined; [DELETED TEXT BRACKETED]
PZ11 -30 (Substitute) Attachment A
Page 1
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
RR1
RS
RS1
RS2
RU
CC
CG
IL
1H
ED
R
TSH
LC
CMU
Airports and Related Uses
P20
[C]N
[C] N
[C]N
N
N
[C] NP
P
P
P
NC
NN
C
Automotive Repair
N
C
[C] N
[C]N
N
N
[C] N
P
P
P
P
N
N
N
N
P
Gas Manufacturer /Storage
N
N
[C] N
[C]N
N
N
N
N
N
C'
C9
NN
NN
N
Manufacturing /Fabricating/
Assembly
N
C
[C] N
[C]N
N
N
[C] NC
P
P
P
N
C
C
N
C
Mini - Storage Facility
N
C
[C] N
[C]N
N
N
[C]N
C
P
P
P
N
N
N
C
C
Storage Yard
N
C
[C] N
[C]N
N
N
[C] N
C
P
P
P
N
N
N
N
C
Warehouses
N
C
[C] N
[C]N
N
N
[C] NN
P
P
P
N
C
N
N
N
PUBLIC/
INSTITUTIONAL
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
[CHARITABLE
INSTITUTIONS]
[C]
[C]
[C]
[C]
[C]
[C]
[P]
[P]
[P]
[P]
[P]
[P]
[C]
[P]
[C]
[P]
Churches*
C
pia
P10
P10
P'0
p'0
p10
P'0
P "'
c
c
p
P'0
p
p
p
Clinics
C
C
C Z '
C 2 '
[C] N
[C] N
C
P
P
P
C
C
C
C
P
P
Colleges*
C
C
C Z '
C'—'
[C] N
[C] N
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 Z '
[C]N
[C] N
[C] N
[C] N
P
P
C
C
P
C
C
C
P
Hospitals*
C
C
[C] N
[C]N
[C] N
[C] N
[C] NP
P
P
C
CC
C
C
P
Libraries*
C
C
C;'
C'
[C] N
[C] N
CZ
P
P
P
C
P
C
P
C
P
Museums
C
C
C ? '
C-
[C] N
[C] N
C
P
P
P
C
P
C
PC
P
Parks and Recreation
PC
CC
C
C
C
P
P
P
P
P
P
P
C
P
Assisted Living
CC
CC
C
C
C
C
C
C
C
C
C
C
C
C
MISCELLANEOUS
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Animal Boarding°
C
C
[C] N
[C]N
[C] N
N
N
C
C
C
C
N
C
N
C
C
Bed and Breakfasts
CC
CC
C
C
C
C
C
C
C
N
C
C
C
P
Cabin Rentals
C
C
CC
NN
N
P
P
P
C
N
P
PC
P
Cemeteries
CC
C
[C]N
N
N
N
N
C
C
C
N
C
C
N
N
Crematories/Funeral Homes
N
C
N
[C]N
N
N
[C] NC
C
C
C
N
C
C
C
C
Day Care Centers°
C
C
C'''
C
[C] N
[C] N
C
P
P
P
C
C
C
C
P
P
Dormitories /Boarding
Houses
C
C
C
C
[C] N
[C] N
[P]C
PZ'
S
C
P
P
C
CC
P
Essential Services
PP
PP
P
P
P
P
P
P
P
P
P
P
P
P
Farming/General
Agriculture***
P
P
NN
N
N
N
N
N
N
P
N
P
N
N
N
Greenhouses/Tree
Nurseries°
C
C
[C] N
0
C 2 '
C Z '
[C]N
P
P
P
C
N
C
CC
P
New Text Underlined; [DELETED TEXT BRACKETED]
PZ1 1-30 (Substitute) Attachment A
Page 2
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
MISCELLANEOUS
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Gunsmithing,[ PRINTING,]
Taxidermy
N
C
C
C
C 2 2
C2
[C]N
P
P
P
P
N
C
P
P
P
Assemblies15 (Large:
Circuses, Fairs, Etc.)
C
C
[C] N
[CJN
[C]N
[C]N
[C]N
PI5
Pis
P'5
pis
pis
C
P
N
p'5
Fraternal Organizations/
Private Clubs /Social Halls
and Union Halls
N
C
[C] N
[C]N
[C]N
[C]N
[C]N
P
P
P
C
N
C
P
C
P
Nursing, Convalescent or
Rest Homes
N
C
[C] N
[C]N
[C]N
[C1N
[C]N
P
P
C
C
C
C
CC
P
[PARKING, OFF - STREET]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
Parking, Public Lots12
C
C
[C] N
[C]N
[C]N
[C]N
C
C
C
C
C
C
C
CC
C
Personal Services25
CC
C-22
C?'
C2'
C2
C
P
P
P
P
C
C
P
P/
Cd7
P
Communications Towers &
Antenna(s), Radio/TV
Transmitters /Cell Sites ** 28
P
C
[C] N
[C]N
[C]N
[C]N
C
P
P
P
P
P
C
CC
C
Recreational Vehicle Parks
C
C
[C] N
[C]N
N
N
[C]N
C
C
C
C
N
C
C
N
C
Subsurface Extraction of
Natural Resources16
C
C
C
C
C
C
C
C
C
C
C
N
C
N
N
N
Surface Extraction of
Natural Resources?
C
C
[C] N
[C]N
N
N
[C]N
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;
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.
New Text Underlined; [DELETED TEXT BRACKETED]
PZl 1 -30 (Substitute) Attachment A
Page 3
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 government lands.
19. Deleted by Ordinance 2144 -2006.
20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for
properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or
parking aprons, FAA authorized uses are allowed.
21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones.
22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or
students for a school in the zone.
23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house
students for a school or educational facility.
24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within
another business).
25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self - service laundries, fitness centers,
photographic studios, tailors, tanning salons and massage therapists.
26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year.
27.
Limited Commercial Zone
Personal Services
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
X
Tailors
X
Tanning Salons
X
Tattoo Parlors
X
New Text Underlined; [DELETED TEXT BRACKETED]
PZ11 -30 (Substitute) Attachment A
Page 4
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.
Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a)
30.
driveway access on the Kenai Spur Highway, or (b) drivewayaccess 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.
Use allowed only for those parcels that abut 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 into the neighborhood is minimized. Industry established trip generation standards for the commercial use
should be used to determine the impact to the neighborhood.
New Text Underlined; [DELETED TEXT BRACKETED]
PZ11 -30 (Substitute) Attachment A
Page 5
TheTRUST
LAID OFFICE
August 16, 2011
Mayor Pat Porter
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611 -7794
Re: Ordinance No. 2546 -2011 (and Substitute)
Honorable Mayor Porter:
This letter will address the above referenced ordinance and the August 11, 2011 Memorandum from
Council Member Molloy addressing a proposal that amends Ordinance No. 2546 -2011. That
memorandum provides for an amendment titled "Substitute Ordinance No. 2546 - 2011 ", amending the
City of Kenai's Land Use Table to make comprehensive changes to the uses allowed in the Rural
Residential RR -1 Zoning District.
The Alaska Mental Health Trust Authority is a state corporation that administers the Alaska Mental
Health Trust (The Trust), a perpetual trust established for the benefit of Alaskans with mental illness,
developmental disabilities, chronic alcoholism, and Alzheimer's disease and related dementia. In 1956,
Congress passed the Alaska Mental Health Enabling Act, entitling the Territory of Alaska to one million
acres of federal land to be used for revenue generation to support mental health services in Alaska.
The Trust Land Office (TLO) manages the Trust's and and mineral assets. The Trust has a fiduciary
responsibility to protect and enhance trust assets in perpetuity for the beneficiaries. The TLO is charged
by state law to preserve the value and maximize revenue from Trust lands in order to generate income
to fund mental health needs and programs across the state.
The Trust owns lands within the subject RR -1 Zoning District that is affected by this ordinance
amendment. The TLO offers the following comments to the Council. We request that these comments
be considered and addressed at the August 17, 2011 regular meeting of the Kenai City Council.
1) Changes to the Land Use Table, as proposed August 11, 2011, sponsored by Council Member
Molloy, are significant and not minor in nature. In fact, of the 56 land uses that are allowed in the
RR1 zone, either as permitted uses or conditional uses, 38 are prohibited by the ordinance as
proposed. That translates to elimination of 68% of the allowable uses in the zone. More important,
there are five categories of land uses delineated in the Land Use Table. Under the proposed
amendment, two of those categories are effectively removed and two are severely limited. In the
Commercial category, the uses change from 12 allowed by conditional use to one. In the Industrial
category the ordinance removes all seven uses from the zone. In the Miscellaneous category, 19
uses, allowed either as permitted uses or conditional uses, are reduced to five conditional uses. All
of those are associated with residential areas. In the Public Institutional category, the uses are
reduced from eleven to seven. Only the Residential category is left with minimal changes, where
only one use is removed. The TLO asserts that these changes fundamentally constitute a rezone
Alaska Mental Health Trust Land Office
718 L Street, Suite 202 Anchor?ge,Alaska 99501 Tel: 907 - 269 -8658 Fax: 907- 269 -8905 www.n;htr Jstland.org
Mayor Pat Porter
Ordinance No. 2546 -2011
August 16, 2011
Page 2
and are arbitrary and unreasonable. By fundamentally changing the uses allowed on a parcel by
amending the body of the land use table (by definition a "rezone "), the change in land use has not
been subject to the City's rezone process, and has completely bypassed required notice to property
owners, the public process, and the planning processes delegated to the City of Kenai by the Kenai
Peninsula Borough, all without considering the effect on individual parcels.
2) Consideration of fundamental and use issues and changes to code should be done in conjunction
with consideration of amendments to the remainder of the code. This is a primary function of the
Planning and Zoning Commission and their responsibility to balance and uses among zoning
districts in order to accommodate community needs and property characteristics. The TLO strongly
recommends the Council allow the Commission to finalize their efforts in the comprehensive review
of residential zones within Ordinance No. 2546 -2011 before acting in one area.
3) The suggested changes to the Land Use Table substantially devalues the Trust's property without
compensation or due process. This effectively will be a taking that will render the property value to
be a fraction of today's value.
4) The TLO has made an effort to communicate with the neighbors and understands their concerns. To
that end we have made suggested changes to the Land Use Table (see the attached table). We
believe that these changes should be considered by the Planning and Zoning Commission as part of
their on -going comprehensive code review as indicated in paragraph 2 above. Our suggested
changes put the land uses that require special attention when adjacent to a residential area into the
Conditional Use category. We are confident that the concerns of the neighboring property owners
can be sufficiently mitigated through the Conditional Use Process, while still allowing the TLO to
realize the current value in the Trust's land. Nevertheless, all property owners' concerns should be
addressed in the public process contemplated by the Borough's rezoning procedures, not by a re-
definition of one zoning district.
We intend to pursue the protection of the Trust's land and mineral assets as far as necessary to preserve
its value, to assure that the public process is being respected, to ensure that constitutional and statutory
mandates are being followed, and to allow the beneficiaries of the Trust to realize the full benefit from
these assets.
Thank you for your consideration of these comments.
Very tr: y/ o' rs,
//, /'*
. �
j ,rqt /yry LJones
Executive Director
KMC — 14.22.010 Land Use Table -- RR1 Zoning District — Comparison Table
Alaska Mental Heath Trust Recommendations
LAND USES
Current
ORD. 2546 -2011
P &ZC
Resolution
Mental Health Trust
Rec. Changes to
P&Z Version
Work Column
KEY: Principle Permitted/
Secondary /Conditional/
Not Permitted
P —S —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
Two /Three Family Dwelling
P
P
P
P
Four Family Dwelling
C3
C3,22,29
C3, 29
[C3, 29] P
Five /Six Family Dwelling
N
N
N
N
Seven or More Family Dwelling
N
N
N
N
Townhouses 4
C
C3,29
C
C
Mobile Home Parks 6
C
N
N
N
Planned Unit Residential
Development 7
C
C29
C
C
COMMERCIAL
Automotive Sales
C
N
N
N
Automotive Service Stations
C
N
N
N
Banks
C
N
C29
C29
Business /Consumer Services
C
N
C29
C29
Guide Service
C
N
N
N
Hotels /Motels
C
N
C29
[C29] N
Lodge
C
N
C29
[C29] N
Professional Offices
C
C29
C29
C29
Restaurants
C
N
N
[N] C29
Retail Business
C
N
C29
C29
Wholesale Business
C
N
N
[N] C29
Theatres /Commercial Recreation
C
N
N
N
Mental Health Trust Recommended Changes
Page 1 of 3
New text underlined; [DELETED TEXT BRACKETED]
Draft August 17, 2011
LAND USES
Current
ORD. 2546 -2011
P &ZC
Resolution
Mental Health Trust
Rec. Changes to
P &Z Version
Work Column
INDUSTRIAL
` Airports & Related Uses
C
N
N
N
Automotive Repair
C
N
N
N
Gas Manufacturing /Storage
C
N
N
N
Manufacturing /Fabricating /Assembly
C
N
N
N
Mini- Storage Facility
C
N
N
[NI C29
Storage Yard
C
N
N
N
Warehouses
C
N
N
N
PUBLIC INSTITUTIONAL
Charitable Institutions
C
N
Delete
Delete
Churches*
Pio
Pio
P10
Pio
Clinics
C
N
C29
C29
Colleges*
C
C29
C29
C29
Elementary Schools*
C
C29
C29
C29
Governmental Buildings
C
C29
C29
C29
High Schools*
C
C29
C29
C29
Hospitals*
C
N
N
N
Libraries*
C
N
C29
C29
Museums
C
N
C29
C29
Parks & Recreation
C
C29
C29
C29
Assisted Living
C
C
C
C
Mental Health Trust Recommended Changes
Page 2 of 3
New text underlined; [DELETED TEXT BRACKETED]
Draft August 16, 2011
LAND USES
Current
ORD. 2546 -2011
P &ZC
Resolution
Mental Health
Trust
Rec. Changes to
P &Z Version
Work Column
MISCELLANEOUS
Animal Boarding 13
C
N
N
N
Bed and Breakfasts
C
C:
C
C
Cabin Rentals
C
C
N
[C] N
Cemeteries
C
C
N
[C] N
Crematories /Funeral Homes
N
N
N
N
Day Care Centers 12
C
C29
C29
C29
Dormitories /Boarding Houses
C
N
C
N
Essential Services
P
N
p
p
Farming /General Agriculture * **
N
N
N
N
Greenhouse /Tree Nurseries 13
C
N
N
[N] C29
Gunsmithing, Printing,
Taxidermy
C
N
C
N
Assemblies 15 (Large: Circuses,
Fairs, Etc.)
C
N
N
N
Fraternal Organizations /Private
Clubs /Social Halls and Union Halls
C
N
N
N
Nursing, Convalescent or Rest
Homes
C
N
N
N
Parking, Off- Street
P
C29
C29
[C291 N
Parking, Public •
C
N
N
N
Personal Services
C
N
C29
Cz9
Communication Towers &
Antenna(s), Radio /TV
Transmitters /Cell Sites** 28
C
N
N
N
Recreational Vehicle Parks
C
N
N
N
Subsurface Extraction of
Natural Resources 16
C
N
C
C
Surface Extraction of Natural
Resources 17
C
N
N
N
Mental Health Trust Recommended Changes
Page 3 of 3
New text underlined; [DELETED TEXT BRACKETED]
Draft August 16, 2011
the cry0/
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 W's Subdivision desired to have the
Three W's Subdivision re -zoned from 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 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
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 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. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 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 day of
, 2011.
PAT PORTER, MAYOR
Ordinance No. 2546 -2011
Page 3 of 3
ATTEST:
Carol L. Freas, City Clerk
Introduced: April 6, 2011
Adopted:
Effective:
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
RR1
RS
RS
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
One Family Dwelling
C1z
P
P
P
P
P
P
P2'
S1
S2
S2
C22
P
P
P
S' /C2'
Two /Three Family
Dwelling
C18
P
P
P
PP
P
P21
S'
C
C
C22
P
P
P
S' /C71
Four Family Dwelling
CIS
P
C3.22 2'
P
N
N
P
P21
S'
C
C
C22
N
P
C
S' /CZ'
Five/Six Family Dwelling
CIS
C3
N
P
NN
P
1921
S'
C
C
N
N
P
C
S' /C21
Seven or More Family
Dwelling
C18
C3
N
C
N
N
P
P21
S1
C
C
N
N
P
C
S1 /C21
Townhouses4
C°
C
Cis'
C
C
C
C
C
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'
C1
C
C Z '
C
C
C
C
C
C
C
C
N
C
C
C
C
COMMERCIAL
LAND USES
C
RR
RR1
RS
RS]
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Automotive Sales
N
C
[C1 N
N
N
N
C
P
P
P
P
NN
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
NC
C
C
P
Business /Consumer
Services
N
C
[C] N
C
N
N
C
P
P
P
C
N
C
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
C
[C] N
C
N
N
C
P
P
P
C
N
C
P
C
P
Lodge
N
C
[C] N
C
NN
C
P
P
P
C
N
P
P
C
P
Professional Offices
N
C
O
C
N
N
P
P
P
P
P
N
C
P
P
p
Restaurants
N
C
[C] N
C
NN
C
P
P
P
C
N
C
C
C
P
Retail Business
N26
C
[C] N
C
N
N
C
P
P
P
P
S2,
S24
0
C
P
Wholesale Business
N
C
[C] N
C
N
N
C
C
P
P
P
N
Sea
C
0
N
Theaters /Commercial
Recreation
N
C
[C] N
C
N
N
C
P
P
0
0
N
P
C
C
P
Page 1 of 5
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2546 -2011
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
RRl
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Airports and Related Uses
P2°
C
[C] NC
N
N
C
P P
P
P
N
C
NN
C
Automotive Repair
N
C
[C] N
0
NN
C
P ' P I
P
P
N
N
N
N
P
Gas Manufacturer /Storage
N
N
[C] NC
N
N
N
NN
C9
C
N
N
NN
N
Manufacturing/Fabricating /
Assembly
N
C
[C] NC
N
N
C
C
P
P
P
NC
C
N
C
Mini - Storage Facility
N
C
[C] N
C
NN
C
C
P
P
P
N
N
N
C
C
Storage Yard
N
C
[C] N
C
NN
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
RS1
RS2
RU
CC
CG
IL
111
ED
R
TSH
LC
CMU
Charitable Institutions
C
C
[C] N
C
CC
P
P
P
P
P
P
C
P
C
P
Churches*
C
P "'
p10
pill
pu,
p10
pw
pw
pin
c
c
p
p"'
p
p
p
Clinics
C
C
[C] N
C
C
C
C
P
P
P
C
C
C
C
P
P
Colleges*
C
C
C 2 9
C
C
C
0
P
P
C
C
P
C
C
C
P
Elementary Schools*
C
C
Ca
C
CC
C
P
P
C
C
P
C
C
C
P
Governmental Buildings
C
C
C'�`
C
CC
C
P
P
P
C
P
C
C
P
P
High Schools*
C
0
C
0
C
C
C
P
P
C
C
P
C
C
C
P
Hospitals*
C
C
[C] N
C
CC
C
P
P
P
C
C
C
C
C
P
Libraries*
C
C
[C] N
C
C
C
C12
P
P
P
C
P
C
P
C
p
Museums
C
C
[C] N
C
CC
C
P
P
P
C
P
C
P
C
P
Parks and Recreation
P
C
00
C
C
C
P
P
P
P
P
P
PC
P
Assisted Living
CC
CC
C
C
C
C
C
C
C
C
C
C
C
C
MISCELLANEOUS
LAND USES
C
RR
RRI
RS
RS1
RS2
RU
CC
CG
IL
CH
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
CC
C
C
C
C
C
C
C
N
C
C
C
P
Cabin Rentals
CC
CC
N
N
N
P
P
P
C
N
P
P
C
P
Cemeteries
CC
CC
N
N
N
N
C
C
C
N
C
C
N
N
Crematories /Funeral Homes
N
C
N
C
N
N
C
C
C
C
C
N
C
CC
C
Day Care Centers'
C
C
C Z '
0
C
C
C
P
P
P
C
C
C
C
P
P
Dormitories /Boarding
Houses
C
C
[C] N
0
C
C
P
P2'
S
C
P
P23
C
C
C
P
Essential Services
P
P
[P] N
P
PP
P
P
p
p
P
p
p
p
p
p
Farming/General
Agriculture * **
PP
N
N
N
N
N
N
N
N
P
N
P
N
N
N
Greenhouses /Tree
Nurseries'
C
C
[C] N
C
C
C
C
P
P
P
C
N
C
C
C
P
Page 2 of 5
New Text Underlined. [DELETED TEXT BRACKETED]
Ordinance No. 2546 -2011
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
MISCELLANEOUS
LAND USES
C
RR
RRI
RS
RSI
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Gunsmithing, Printing,
Taxidermy
N
C
[C] N
C
C
C
C
P
P
P
P
N
C
P
P
P
Assemblies' (Large:
Circuses, Fairs, Etc.)
C
C
[C] N
C
C
C
C
P"
P"
P''
Pj5
P''
C
P
N
P"
Fraternal Organizations/
Private Clubs /Social Halls
and Union Halls
N
C
[C] N
C
C
C
C
P
P
P
C
N
C
PC
P
Nursing, Convalescent or
Rest Homes
N
C
[C] N
C
C
C
C
P
P
C
C
C
C
CC
P
Parking, Off - Street
P
P
[P] C29
P
P
P
P
P
P
P
P
P
P
P
P
P
Parking, Public Lots'2
C
C
[C] N
C
C
C
C
C
C
C
C
C
C
CC
C
Personal Services23
C
C
[C] N
C
C
C
C
P
P
P
P
C
C
P
P/
c27
P
Communications Towers &
Antenna(s), Radio/TV
Transmitters /Cell Sites ** 2R
P
C
[C] N
C
C
C
C
P
P
P
P
P
C
C
C
C
Recreational Vehicle Parks
0
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] N
C
C
C
C
C
C
C
C
N
C
N
N
N
Surface Extraction of
Natural Resources"
C
C
[C] 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;
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.
Page 3 of 5
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2546 -2011
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 fulfil] this
requirement.
14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary.
1 5. 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. 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 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
X
Tailors
X
Tanning Salons
X
Tattoo Parlors
X
Page 4 of 5
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2546 -2011
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.
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.
Page 5 of 5
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2546 -2011
Attachment A
t,4c y of
KENAI 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 Ws 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 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, of their neighborhoods
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 W's 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. Forin: 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. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
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 seventh day of
September, 2011.
ATTEST:
Corene Hall, Deputy City Clerk
PAT PORTER, MAYOR
Introduced: April 6, 2011
P &ZC Work Session: April 27, 2011
Council Public Hearing: May 18, 2011
P &ZC Work Session: June 22, 2011
P &ZC Work Session: July 13, 2011
P &ZC Work Session: July 27, 2011
P &ZC Public Hearing: August 10, 2011
Council Work Session: August 15, 2011
Council Public Hearing: August 17, 2011
Adopted: September 7, 2011
Effective: October 7, 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
RRI
RS
RSI
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
One Family Dwelling
C1s
P
P
P
P
P
P
P2'
S'
SZ
S2
C22
P
P
P
S' /C21
Two/Three Family
Dwelling
C'8
P
P
P
P
P
P
P21
S'
C
C
C22
P
P
PS'/C21
Four Family Dwelling
C18
P
C3'
P
N
N
P
P21
S'
C
C
C22
N
P
C
S' /C2'
Five /Six Family Dwelling
C18
C'
N
P
N
N
P
P2'
S'
C
C
NN
P
0
S' /C2'
Seven or More Family
Dwelling
C180
N
C3
N
N
P
P21
S'
C
C
N
N
P
C51/021
Townhouses`
C18
0
[C] C
C
0
C
C
0
C
0
C
C22
C
C
C
C
Mobile Home Parks6
N
C
[C] N
C
CC
C
C
0
C
C
N
C
N
N
C
Planned Unit Residential
Development?
C18
C
[C] C29
C
C
C
C
C
0
C
C
N
C
0
C
C
COMMERCIAL
LAND USES
C
RR
RR1
RS
RSI
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Automotive Sales
N
C
[C] N
N
NN
C
P
P
P
P
N
N
N
N
P
Automotive Service
Stations
N
C
[C] N
N
NN
C
P
P
P
P
N I
C
N
N
P
Banks
N
C
[C] N
0
NN
C
P
P
P
C
N
C
C
C
P
Business /Consumer
Services
N
C
I C I N
C
N
N
C
P
P
P
C
N
C
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
[C] N
C
N
N
C
P
P
P
C
N
C
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] C29
C
N
N
P
P
P
P
P
N
C
P
P
P
Restaurants
N
C
[C] N
C
NN
C
P
P
P
C
N
C
0
C
P
Retail Business
N26
C
[0] NC
N
N
C
P
P
P
P
S24
S24
C
C
P
Wholesale Business
N
C
[C] N
0
NN
C
C
P
P
P
N
S24
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
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for
additional restrictions
ZONING DISTRICTS
INDUSTRIAL
LAND USES
C
RR
RR]
RS
RSI
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Airports and Related Uses
P20
C
[C] NC
N
N
C
P P
P
P
N
C
N
N
C
Automotive Repair
N
C
[C] N
C
N
N
C
P
I P
P
P
N
N
N
N
P
Gas Manufacturer /Storage
N
N
[C] NC
N
N
N
N
N
C9
C9
N
N
N
N
N
Manufacturing /Fabricating/
Assembly
N
C
[C] NC
NN
CC
P
P
P
NC
C
N
C
Mini - Storage Facility
N
C
[C] N
C
N
N
C
C
P
P
P
NN
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
IH
ED
R
TSH
LC
CMU
Charitable Institutions
C
C
[C]
c29
C
C
C
P
P
P
P
P
P
C
P
C
P
Churches*
C
Pj°
P10
P'0
P'D
P'0
P'0
P'0
P'0
C
C
P
P'0
P
P
P
Clinics
C
C
[C] N
C
C
C
C
P
P
P
C
C
C
C
P
P
Colleges*
C
C
C C s
C
C
C
C
P
P
C
C
P
C
C
C
P
Elementary Schools*
C
C
[C]
c29
C
C
C
C
P
P
C
C
P
C
C
C
P
Governmental Buildings
C
C
[C]
C
C
C
C
P
P
P
C
P
C
C
P
P
High Schools*
C
C
C2]
C
C
C
C
P
P
C
C
P
C
C
C
P
Hospitals*
C
C
[C] N
C
C
C
C
P
P
P
C
C
C
C
C
P
Libraries*
C
C
[C]
C29
C
C
C
C12
P
P
P
C
P
C
P
C
P
Museums
C
C
[C]
c29
C
C
C
C
P
P
P
C
P
C
P
C
P
Parks and Recreation
P
C
[C]
c29
C
C
C
C
P
P
P
P
P
P
P
C
P
Assisted Living
CC
C
C
C
C
C
C
C
C
C
C
C
C
C
C
MISCELLANEOUS
LAND USES
C
RR
RRI
RS
RSI
RS2
RU
CC
CG
IL
IH
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
C
C
[C] N
C
N
N
N
P
P
P
C
N
P
P
C
P
Ordinance No. 2546 -2011 (Substitute)
Page 7 of 10
Cemeteries
C
C
[C] N
C
N
N
N
N
C
C
C
N
C
C
N
N
Crematories /Funeral Homes
N
C
N
C
N
N
C
C
C
C
C
N
C
CC
C
Day Care Centers12
C
C
[C]
C29
C
CC
C
P
P
P
C
C
C
C
P
P
Dormitories /Boarding
Houses
C
C
[C] N
C
C
C
P
P21
S
C
P
P23
C
C
C
P
Essential Services
P
P
P
P
P
P
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
C
C
P
P
P
C
N
C
C
C
P
Gunsmithing, Printing,
Taxidermy
N
C
[C] N
C
0
C
C
P
P
P
P
N
C
P
P
P
Assemblies15 (Large:
Circuses, Fairs, Etc.)
0
0
[C] N
0
C
C
C
Ply
Pis
pls
pis
pis
C
P
N
P15
Fraternal Organizations/
Private Clubs /Social Halls
and Union Halls
N
C
[C] N
0
C
C
C
P
P
P
C
N
C
P
C
P
Nursing, Convalescent or
Rest Homes
N
C
[C] N
C
C
C
C
P
P
C
0
0
C
0
0
P
Parking, Off - Street
P
P
P
P
P
P
P
P
P
P
P
P
P
P
p
P
Parking, Public Lots"
C
C
[C] N
C
C
C
C
C
C
C
C
C
C
C
C
C
Personal Services25
C
C
[C] N
C
C
C
C
P
P
P
P
C
C
P
P/
027
P
Communications Towers &
Antenna(s), Radio /TV
Transmitters /Cell Sites ** 29
P
C
[C] NC
C
C
C
P
P
P
P
P
C
CC
C
Recreational Vehicle Parks
C
C
[C] N
C
N
N
C
C
C
0
0
N
0
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
[C] N
C
N
N
C
N
C
C
C
N
C
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 (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;
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.
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 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.
g.
b. Exits and entrances and off - street parking for the use shall be located to prevent traffic hazards on the public streets.
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 KWIC 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
X
Tailors
X
Tanning Salons
X
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.