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HomeMy WebLinkAbout2012-01-25 Planning & Zoning Packet (2)CITY OF KENAI PLANNING & ZONING COMMISSION Work Session 6 -7 p.m. - January 25, 2012 >Amendments to Zoning Code O KMC 14. 20.145 - Recreation Zone (R) 0 KMC 14.22.010 - Land Use Table Nikeeitru KENAI, ALASKA "Vifta e with a Past, Cc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11 I��' 1992 MEMO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: January 18, 2012 SUBJECT: Code Amendments KMC 14.20.145 — Recreation Zone (R) KMC 14.22.010 — Land Use Table As we discussed at your last meeting, KMC 14.20.145 — Recreation Zone (R) requires an amendment to eliminate discrepancies between that section of the code and the Land Use Table, KMC 14.22.010. Attached for discussion purposes are a copy of the KMC 14.20.145 and a draft ordinance proposing to amend the code to remove all specific references to land uses and refer instead to the Land Use Table. This will bring this section of the code into conformance with other sections of Title 14. Second, attached is a draft ordinance for consideration that would provide a change in the Land Use Table to allow Bed and Breakfasts as permitted uses in the Recreation Zone. 14.20.145 Recreation Zone (R). (a) Intent: The Recreation Zone (R) is intended to contain both public and private lands to be utilized for commercial and non - commercial recreation and residential purposes. Lands designated for this district should be evaluated for long -term public benefits to accrue from the protection offered by this designation. (b) Permitted Principal Uses and Structures: (1) Ball fields; (2) Exercise trails and facilities; (3) Parks and playgrounds; (4) Picnic facilities; (5) Recreation facilities, shelters, bathhouses; (6) Recreation cabins; (7) Single- family and duplex residences; (8) Trails; (9) Visual corridors and viewpoints; (10) Watersheds; (11) Bunkhouses and lodges; (12) Charter or guiding services. (c) Permitted Accessory Uses and Structures: (1) Boardwalks; (2) Parking -not to include Large trucks or trailer vans; (3) Essential services (as defined in KMC 14.20.320(b); (4) Watchman or caretaker dwelling. (d) Conditional Uses and Structures: (1) Boat harbors, docks, wharves, launching ramps; (2) Fuel facilities for river boat traffic; (3) Convenience or grocery outlets; (4) Marinas, including boat rentals; (5) Aquaculture; (6) Charter or guiding services; (7) RV parks; (8) Multi- family units; (9) Hotels, bed and breakfasts; (10)Restaurants. (e) Prohibited Uses and Structures: Any use or structure not of a character indicated under permitted principal use or conditional use shall be prohibited. (f) Minimum Lot Requirements: Shall follow the requirements for the Rural Residential (RR). (g) Required Off - Street Parking and Loading: Adequate off - street parking and loading shall be provided in connection with any permitted use in accordance with the provisions of KMC 14.20.250. (h) Signs: Signs may be allowed in conformance with KMC 14.20.220. theutyaf KENAI, SKA Sponsored by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. * -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING SECTION 14.20.145, "RECREATION ZONE (R)," TO UPDATE THE CODE TO CORRECT INCONSISTENCES BETWEEN SECTION 14.20.145 AND CHAPTER 14.22 "LAND USE TABLE ". WHEREAS, Section 14.20.145, "Recreation Zone" identifies permitted principal uses and structures, permitted accessory uses and structures, and conditional uses and structures; and, WHEREAS, the uses identified in Section 14.20.145, may not be consistent with KMC 14.22, "Land Use Table "; and, WHEREAS, Section 14.20.145 should be amended to correct inconsistencies with KMC 14.22, Land Use Table; and, WHEREAS, amending Section 14.20.145 to remove specific permitted uses from the section would provide consistency between the Recreation Zone and other Zones defined in KMC 14.20; and, WHEREAS, the Planning and Zoning Commission, through its Resolution No. PZ12- , recommends that the Council amend the Kenai Municipal Code as set forth herein. 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 Section 14.20.145 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.145, Recreation Zone (R), is hereby amended as follows: 14.20.145 Recreation Zone (R). (a) Intent: The Recreation Zone (R) is intended to contain both public and private lands to be utilized for commercial and non - commercial recreation and residential purposes. Lands designated for this district should be evaluated for long -term public benefits to accrue from the protection offered by this designation. (b) Permitted Principal Uses [AND STRUCTURES]: As allowed in Land Use Table. [(1) BALL FIELDS; (2) EXERCISE TRAILS AND FACILITIES; (3) PARKS AND PLAYGROUNDS; New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 2 of 3 (4) PICNIC FACILITIES; (5) RECREATION FACILITIES, SHELTERS, BATHHOUSES; (6) RECREATION CABINS; (7) SINGLE - FAMILY AND DUPLEX RESIDENCES; (8) TRAILS; (9) VISUAL CORRIDORS AND VIEWPOINTS; (10) WATERSHEDS; (11) BUNKHOUSES AND LODGES; (12) CHARTER OR GUIDING SERVICES.] (c) [PERMITTED ACCESSORY USES AND STRUCTURES: (1) BOARDWALKS; (2) PARKING -NOT TO INCLUDE LARGE TRUCKS OR TRAILER VANS; (3) ESSENTIAL SERVICES (AS DEFINED IN KMC 14.20.320(B); (4) WATCHMAN OR CARETAKER DWELLING.] [(D)] Conditional Uses and Structures: As allowed in Land Use Table and subject to provisions of this chapter. [(1) BOAT HARBORS, DOCKS, WHARVES, LAUNCHING RAMPS; (2) FUEL FACILITIES FOR RIVER BOAT TRAFFIC; (3) CONVENIENCE OR GROCERY OUTLETS; (4) MARINAS, INCLUDING BOAT RENTALS; (5) AQUACULTURE; (6) CHARTER OR GUIDING SERVICES; (7) RV PARKS; (8) MULTI - FAMILY UNITS; (9) HOTELS, BED AND BREAKFASTS; (10)RESTAURANTS.] Accessory Uses. As defined (see Definitions). (e) [PROHIBITED USES AND STRUCTURES: ANY USE OR STRUCTURE NOT OF A CHARACTER INDICATED UNDER PERMITTED PRINCIPAL USE OR CONDITIONAL USE SHALL BE PROHIBITED.] Home Occupations. Uses as allowed by this chapter. (f) [MINIMUM LOT REQUIREMENTS: SHALL FOLLOW THE REQUIREMENTS FOR THE RURAL RESIDENTIAL (RR).] Development Requirements. As described in Development Requirements Table. (g) [REQUIRED OFF - STREET PARKING AND LOADING: ADEQUATE OFF - STREET PARKING AND LOADING SHALL BE PROVIDED IN CONNECTION WITH ANY PERMITTED USE IN ACCORDANCE WITH THE PROVISIONS OF KMC 14.20.250.] Parking Requirements. As required by this chapter. (h) Signs: Signs may be allowed in conformance with KMC 14.20.220. 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 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 3 of 3 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 , 2012. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: , 2012 Adopted: , 2012 Effective: , 2012 New Text Underlined; [DELETED TEXT BRACKETED] 14.20.145 Recreation Zone (R). (a) Intent: The Recreation Zone (R) is intended to contain both public and private lands to be utilized for commercial and non - commercial recreation and residential purposes. Lands designated for this district should be evaluated for long -term public benefits to accrue from the protection offered by this designation. (b) Permitted Principal Uses: As allowed in Land Use Table. (c) Conditional Uses: As allowed in Land Use Table and subject to provisions of this chapter. (e) Accessory Uses: As defined (see Definitions). (f) Home Occupations. Uses as allowed by this chapter. (g) Development Requirements: As described in Development Requirements Table. (h) Parking Requirements: As required by this chapter. (i) Signs: Signs may be allowed in conformance with KMC 14.20.220. the of KENAI, ALASKA Sponsored by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. * -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 14.22.010, "LAND USE TABLE" TO ALLOW BED AND BREAKFAST IN THE RECREATION ZONE (R) AS A PERMITTED USE INSTEAD OF REQUIRING A CONDITIONAL USE PERMIT. WHEREAS, the Section 14.20.145, Recreation Zone, defines the intent of the zone to contain both public and private lands to be utilized for commercial and non- commercial recreation and residential purposes; and, WHEREAS, land uses permitted in the Recreation Zone include Guide Service, Hotels, Motels, Lodges, Theaters, Commercial Recreation, and Cabin Rentals; and, WHEREAS, Bed and Breakfast require a Conditional Use Permit in the Recreation Zone; and, WHEREAS, the commercial impact of a Bed and Breakfast is less than the other commercial uses permitted in the Recreation Zone; and, WHEREAS, Section14.22.010, Land Use Table, should be amended to provide for Bed and Breakfasts as a permitted use in the Recreation Zone; and, WHEREAS, the Planning and Zoning Commission, through its Resolution No. PZ12- , recommends that the Council amend the Kenai Municipal Code as set forth herein. 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 2 of 2 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 , 2012. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: , 2012 Adopted: , 2012 Effective: , 2012 New Text Underlined; [DELETED TEXT BRACKETED) 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 Cla P P P P P P P21 S' S2 s2 02 P P P S'/C21 Two/Three Family Dwelling C'a P P P P P P P21 S' C C C22 P P PSI/C21 Four Family Dwelling C'8 P C3•29 P N N P P21 S1 C C C22 N P C SVC21 Five /Six Family Dwelling C18 C3 N P N N P P2' SI C C N N P C S' /C21 Seven or More Family Dwelling C'a C3 N C3 N N P P21 S1 C C N N P C S' /C21 Townhouses C18 C3- C3.29 C3 C3 C3 C3 C C C C C22 C C C C Mobile Home Parks N C N C C C C C C C C N C N N C Planned Unit Residential Development' C'$ C C29 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 NC N N N N C P P P P N N N N P Automotive Service Stations NC N N N N C P P P P N C N N P Banks NC N C N N C P P P 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 NC N C N N C P P P P N P P C P Hotels/Motels N C N C N N C P P P C N C P C P Lodge N C N C N N C P P P C N P P C P Professional Offices N C C 29 C N N P P P P P N C P P P Restaurants NC N C N N C P PP C N C C C P Retail Business N26 C N C N N C P P P P S24 S14 C C P Wholesale Business NC N C N N C C P P P N S24 C C N Theaters /Commercial Recreation NC N C N N C P P C C N P C C P New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. -2012 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 RR! RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Airports and Related Uses P2° C N C N N C P P P P N C N N C Automotive Repair NC N C N N C P P P P N N N N P Gas Manufacturer /Storage NN N C N NN NN C9 C9 NN NN N Manufacturing /Fabricating/ Assembly N C N C N N C C P P P N C C N C Mini- Storage Facility NC N C N N C C P P P N N N C C Storage Yard NC N C N N C C P P P N N N N C Warehouses NC NC N N C N P P P N C N N N PUBLIC/ INSTITUTIONAL LAND USES C RR RR1 RS RSI RS2 RU CC CG IL IH ED R TSH LC CMU Charitable Institutions C C C29 C C C P P P P P P C P C P Churches* C P'° p 1 P'o P'0 P'° P'° Pin Pu' c C p p'0 p P P Conics CC N C C C C P P P C C C C P P Colleges* C C C27 C C C C P P C C P C C C P Elementary Schools* C C C 29 C C C C P P C C P C C C P Governmental Buildings C C C29 C C C C P P P C P C C P p High Schools* C C C29 C C C C P P C C P C CC P Hospitals* C C N C C C C P Pp C CC C C P Libraries* C C C29 C C C C12 P P P C P C P C P Museums C C C 29 C C C C P P P C P C P C P Parks and Recreation P C C29 C 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 RRI RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Animal Boarding13 CC 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]P C C P Cabin Rentals C C N C N N N P P P C N P P C P Cemeteries CC 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 29 C C C C P P P C C C C P p DonnitoriesBoarding Houses 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" CC NC C C C P P P C N C C C P LAND USE TABLE New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. -2012 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 RRI RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Gunsmithing, Printing, Taxidermy N C N C C C C P P P P N C P P P Assemblies15 (Large: Circuses, Fairs, Etc.) C C N C C C C Pls pis Pis Pis pas C P N P15 , Fraternal Organizations/ Private Clubs /Social Halls and Union Halls N C N C C C C P P P C N C P C P Nursing, Convalescent or Rest Homes N 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 N C C C C C C C C C C CC C Personal Services25 C C N C C C C P P P P C C P P/ C.27 P Communications Towers & Antenna(s), Radio/TV Transmitters /Cell Sites** 28 P C N C C C C P P P P P C C C C Recreational Vehicle Parks 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 Resources17 C C N C N N C N C 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] Ordinance No. -2012 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] Ordinance No. -2012 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 Beaver Loop Road, Bridge Access Road, and Kalifornsky Beach Road to ensure the driveway does not create an unsafe trafficpattern 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] Ordinance No. -2012 Attachment A Page 5