HomeMy WebLinkAboutResolution No. PZ2012-04CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ12 -04
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION
RECOMMENDING KENAI CITY COUNCIL AMEND 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, land owners in the Recreation Zone must obtain a conditional use permit
from the City in order to operate a bed and breakfast 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,
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING
COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI,
ALASKA, AMEND KENAI MUNICIPAL CODE 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, section14.22.010, 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)
Resolution PZ2012 -04
Page 2 of 2
Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take
effect one month after adoption.
n4
Dated at Kenai, Alaska this ,2, A. day of kw'k , 2012
CHAIR. ,f
ATTEST:
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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
RSI
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
One Family Dwelling
C18
P
P
P
P
P
P
P2'
S'
S2
S2
C22
P
P
P
S' /C21
Two /Three Family
Dwelling
CIS
P
P
P
P
P
P
P21
S1
C
C
C22
P
P
P
S1/C21
Four Family Dwelling
C'8
P
C3'29
P
N
N
P
P21
S'
CC
C22
NP
CS'/C21
Five /Six Family Dwelling
C18
C3
N
P
N
N
P
P21
S'
C
C
N
N
P
C
S1 /C21
Seven or More Family
Dwelling
C18
C3
N
C3
N
N
P
P2'
S'
C
C
N
N
P
C
S1 /C21
Townhouses4
C18
C2
C329
C3
C3
C3
C3
C
C
C
C
C22
C
c
C
C
Mobile Home Parksb
NC
N
C
C
C
C
C
C
C
C
N
C
N
N
C
Planned Unit Residential
Development'
C18
C
C29
C
C
C
C
C
C
C
C
N
C
C
C
C
COMMERCIAL
LAND USES USES
C
RR
RRI
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Automotive Sales
NC
N
N
N
N
C
P
PP
N
N
N
N
p
Automotive Service
Stations
NC
N
N
N
N
C
P
PP
N
C
N
N
P
Banks
NC
N
C
N
N
C
P
PP
N
C
C
C
P
Business /Consumer
Services
NC
N
C
N
N
C
P
PP
N
C
C
C
p
Guide Service
NC
N
C
N
N
C
P
P
P•
N
P
P
C
p
Hotels /Motels
NC
N
C
N
N
C
P
PP
N
C
P
C
p
Lodge
NC
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
N
C
p
p
p
Restaurants
NC
N
C
N
N
C
P
PP
N
C
C
C
P
Retail Business
N26
C
N
C
N
N
C
P
PP
S24
s24
C
C
P
Wholesale Business
N
C
N
C
N
N
C
C
P
P
P
N
S24
C
C
N
Theaters /Commercial
Recreation
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
New Text Underlined: [DELETED TEXT BRACKETED)
Resolution No. 2012 -04 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
1H
ED
R
TSH
LC
CMU
Airports and Related Uses
P20
C
N
C
N
N
C
P
P
P
p
N
C
N
N
C
Automotive Repair
N
C
N
C
N
N
C
P
P
P
P
N
N
N
N
P
Gas Manufacturer /Storage
N
N
N
C
N
N
N
N
N
C9
C9
N
N
N
N
N
Manufacturing/Fabricating/
Assembly
N
C
N
C
N
N
C
C
P
P
P
N
C
C
N
C
Mini - Storage Facility
N
C
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
N
C
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
III
ED
R
TSH
LC
CMU
Charitable Institutions
C
C
C2°
C
C
C
P
P
P
P
P
P
C
P
C
P
Churches*
C
131D
P'°
P'°
P'°
Pw
PI°
P1°
P'°
C
C
p
p1°
p
p
p
Clinics
C
C
N
C
C
C
C
P
P
P
C
C
C
C
P
P
Colleges*
C
C
C 29
0
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
C 29
0
C
C
C
P
P
C
C
P
C
C
C
P
Hospitals*
C
C
N
C
C
C
C
P
P
P
C
C
C
C
C
p
Libraries*
C
C
C29
C
C
C
012
P
P
P
C
P
C
P
C
P
Museums
C
C
C29
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 Boarding"
CC
N
C
C
N
N
C
C
C
C
N
C
N
C
C
Bed and Breakfasts
C
C
C
C
C
C
C
C
C
C
C
N
[C]P
C
C
P
Cabin Rentals
CC
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 ] -Tomes
NC
N
C
NN
C
0
0
C
NC
C
C
C
Day Care Centers12
C
C
C 2°
C
C
C
C
P
PP
CC
C
p
p
Dormitories /Boarding
Houses
C
C
N
C
C
C
P
P21
S
C
P27
C
C
C
P
Essential Services
PP
PP
p
p
p
p
p
p
PP
P
p
p
Farming /General
Agriculture * **
P
P
NN
N
N
N
N
N
N
NP
NN
N
Greenhouses /Tree
Nurseries"
C
C
N
C
C
C
C
P
P
P
C
N
C
C
C
p
T
A X T T Tire in m i TV' 7-I
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution No. 2012 -04 Attachment A
Pam 9
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
HI
ED
R
TS1i
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
Pis
pis pis pis p15
C
P
N
pis
Fraternal Organizations/
Private Clubs /Social Halls
and Union Halls
N
C
N
C
C
C
C
P
P
P
C
C
P
C
P
Nursing, Convalescent or
Rest Homes
N
C
N
C
C
C
C
P
P
C
C
C
C
CC
P
Parking, Off - Street
P
P
P
P
P
P
P
P
P
P
P
P
P
PP
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
PP/
c27
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 Resources16
C
C
C
C
C
C
C
C
C
C
C
N
C
NN
N
Surface Extraction of
Natural Resources'
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 ]imitations 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
highways. Commercial or industrial which falls under the Landscaping /site plans requirements of KMC 14.25 shall
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
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
harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding
values;
f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages,
spaces, and recreational and community activities;
g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs
anticipated population;
h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets
designed;
i. The property adjacent to the proposed dwelling group will not be adversely affected.
4. See "Townhouses" section.
major
include
principal
be
property
storage
of
in
the
are
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Resolution No. 2012 -04 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.
1 1. 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 1420.070(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
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Resolution No. 2012 -04 Attachment A
Page 4
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.
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Resolution No. 2012 -04 Attachment A
Page 5