HomeMy WebLinkAboutResolution No. PZ2011-30CITY 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
New Text Underlined. [DELETED TEXT BRACKETED]
Resolution PZ11 -30 - Page 1
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,
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 PLANNING AND ZONING
COMMISSION REQUEST ADMINISTRATION INTRODUCE A SUBSTITUTE TO
ORDINANCE NO. 2546 -2011 AT THE SEPTEMBER 7, 2011, COUNCIL MEETING
WHICH INCLUDES ALL PLANNING AND ZONING RECOMMENDATIONS AND
CHANGES TO THE RURAL RESIDENTIAL (RR1) LAND USE TABLE. THIS WOULD
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution PZl 1 -30 - Page 2
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:
AI FEST:
8/10/11 Public Hearing - postponed
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution PZI 1 -30 - 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
Cu`
P
P
P
PP
P
P21
S'
S2
S2
C22
P
P
P
S'/C2'
Two /Three Family
Dwelling
C18
P
P
P
P
P
P
P2'
S'
C
C
C22
P
P
P
S' /c21
Four Family Dwelling
CIa
P
}°
P
N
N
P
P21
S'
C
C
C22
NP
CS'/C21
C3.
Five /Six Family Dwelling
CA8
C3
N
P
N
N
P
P21
S'
C
C
N
N
P
C
S' /C2I
Seven or More Family
Dwelling
CIa
C3
N
C3
N
N
P
P21
S'
C
C
NN
P
C
S' /C21
Townhouses4
C18
C
C3-
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'
CIII
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
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 290
C
N
N
C
P
PP
C
NC
C
C
P
Business /Consumer
Sery ices
N
C
C
N
N
C
P
P
P
C
N
C
C
C
P
C2°
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
PP
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
C2' "I
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 2'--30
C
N
N
C
P
PP
P
S24
S24
C
C
P
Wholesale Business
N
C
[C] N
C
N
N
C
C
P
P
P
N
S24
C
C
N
Theaters[ /COMMERCIAL
RECREATION]
N
C
[C] NC
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 following pages for
additional restrictions
ZONING DISTRICTS
INDUSTRIAL
LAND USES
C
RR
RRI
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CNIU
Airports and Related Uses
P2°
C
[CD NI
C
N
N
C
P
P
P
P
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
C9
NN
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
[CJ 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
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
P10
P10
P'°
P'°
P'U
P'0
P1°
P'0
C
C
P
P1°
P
P
p
Clinics
C
C
Cz-1
C
C
C
C
P
PP
C
C
C
C
P
p
Colleges*
C
C
Cz1,3n
C
C
C
C
P
P
C
C
P
C
C
C
P
Elementary Schools*
C
C
C 2 J 1111
C
C
C
C
P
P
C
C
P
C
C
C
P
Governmental Buildings
C
C
CC
C
C
C
P
P
P
C
P
C
C
P
P
High Schools*
C
C
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
C21 =30
C
C
C
C12
P
P
P
C
P
C
P
C
P
Museums
C
C
C 2J.3(1
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
CC
C
C
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
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
C
C
[C] N
C
N
N
N
P
P
P
C
N
P
P
C
P
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
C2 -y-30
C
C
C
C
P
P
P
C
C
C
C
P
P
Dormitories /Boarding
Houses
C
C
C 22.32
C
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
N
N
N
N
N
N
N
N
P
N
P
NN
N
Greenhouses/Tree
Nurseries"
C
C
[C] N
C
C
C
C
P
PP
C
NC
CC
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
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Gunsmithing,[ PRINTING,]
Taxidermy
N
C
C-- a )
C
C
CC
P
P
P
P
N
C
P
P
P
Assemblies15 (Large:
Circuses, Fairs, Etc.)
C
C
[C] N
C
C
C
C
P'5
P15
P's
P15
P15
C
P
N
P15
Fraternal Organizations/
Private Clubs /Social Halls
and Union Halls
N
C
[C] N
C
C
CC
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
C
C
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
C
C
C
C
C
C
C
C
C
C
C
C
Personal Services25
C
C
C1 1
C
C
C
C
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
CC
C
Recreational Vehicle Parks
C
C
[C] NC
N
N
C
C
C
C
C
N
C
C
N
C
Subsurface Extraction of
Natural Resources'
C
C
C
C
C
CC
C
CC
C
N
C
NN
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.
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 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]
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. The access to any such parcel must be either from (a)
30.
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.
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]
Resolution PZ11 -30
Attachment A — Page 5