HomeMy WebLinkAbout2012-06-13 Planning & Zoning Packet - Work SessionAGENDA
CITY OF KENAI
PLANNING & ZONING COMMISSION
WORK SESSION
June 13, 2012
6 p.m. - 8 p.m.
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. *Public Participation — Ordinance No. 2597 -2011 — Amending 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 1 (RR -1) and the Urban Residential
(RU) Zoning Districts.
5. Commission Discussion: Ordinance No. 2597 -2011 — Amending 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 1 (RR -1) and the Urban Residential
(RU) Zoning Districts.
6. Adjournment
* Public comment limited to three (3) minutes per speaker; thirty (30) minutes
aggregated. The Commission may relax this restriction.
\Ihe e/ y of,/
KENAI, ALASKA
"Villa" with a Past, Ci with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1 1 1 1 1 1
MEMO:
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning Administration �.
DATE: May 25, 2012
SUBJECT: Ordinance No. 2597-2011
Amending Kenai Municipal Code 14.22.101, Land Use Table
In November 2011, the City Council postponed action on Ordinance No. 2597 -2011 until
August 1, 2012. During that time, the Council referred the ordinance back to the
Commission to continue consideration of the proposed changes during the
comprehensive plan process. I have assembled several documents to assist you with
the review. A draft resolution has been prepared. The resolution provides the history of
the proposed amendment. Several other documents are also attached.
Attachments:
A. Draft Resolution and Attachment A.
B. Ordinance No. 2597 -2011 (Substitute) and Attachment A — The substitute
incorporates changes to Attachment A as result of the adoption of Ordinance
No. 2546 -2011.
C. Documents from the November 16, 2011 Council meeting.
D. Land Use Definitions — Existing and Proposed — These definitions were used
by the Commission during the original review and recommendation.
E. City of Kenai Zoning Map.
F. Zoning Descriptions.
G. Map showing RS1 and 2 zones.
1992
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ12-
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,
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 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 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, residents of 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,
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution PZ12- - Page 1
WHEREAS, the Ordinance No. 2546 -2011 proposed 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, after listening to the concerns of the RR1 neighborhoods, the Commission
agreed neighborhoods should be protected from some commercial uses and that other
neighborhoods 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 Commission believes that Ordinance No. 2546 -2011 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 86 Zoning Commission held work sessions on June 8, June 22,
July 13, and July 27, August 10, 2011; and,
WHEREAS, the Planning 86 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
reflect the 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 land
use and development; and,
WHEREAS, Council adopted Ordinance No. 2546 -2011 on September 7, 2011; and
WHEREAS, prior to the adoption of Ordinance No. 2546 -2011, the Planning and Zoning
Commission held a special meeting on August 30, 2011 and voted unanimously to
recommend several changes to 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,
RR1 and RU Zones to provide protection for all residential zones in the City; and;
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution PZ12- - Page 2
WHEREAS, the Planning & Zoning Commission requested administration introduce an
ordinance on behalf of the Planning & Zoning Commission recommending comprehensive
changes to KMC 14.22.010, Land Use Table, for all residential zones including the
Suburban Residential Zone (RS), Suburban Residential 1 (RS1), Suburban Residential 2
(RS2), Rural Residential (RR), Rural Residential 1 (RR -1), and the Urban Residential (RU);
and,
WHEREAS, Ordinance No. 2597 -2011 was introduced recommending comprehensive
changes to KMC 14.22.010, Land Use Table, for all residential zones including the
Suburban Residential Zone (RS), Suburban Residential 1 (RS1), Suburban Residential 2
(RS2), Rural Residential (RR), Rural Residential 1 (RR -1), and the Urban Residential (RU);
and,
WHEREAS, On November 16, 2011, Council held a public hearing on Ordinance No. 2597-
2011 and postponed action until August 1, 2012, and referred the Ordinance back to the
Planning & Zoning Commission to continue consideration of the proposed changes in the
Ordinance during the Comprehensive Plan process; and,
WHEREAS, from November 16, 2011 through July 2012, the Commission continued work
on the revision of the City's Comprehensive Plan.
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 11th day of July, 2012.
CHAIR:
ATTEST:
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution PZ12- - 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
CL8
P
P
P
P
P
P
P21
S'
S2
S2
C22
P
P
P
S' /C21
Two/Three Family
Dwelling
C18
P
P
P
P
P
P
112'
S'
C
C
C22
P
P
P
SVC21
Four Family Dwelling
C'e
P
C3.29.
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
SVC21
Seven or More Family
Dwelling
C18
C3
N
C3
N
N
P
P21
S'
C
C
N
N
P
CS'/C21
Townhouses'
C18
C3
C3'29
C3
0
C2
C3
C
C
C
C
C22
CC
C
C
Mobile Home Parks
N
[C] N
N
[C] N
[C] N
[C] N
[C] N
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
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
Ili
ED
R
TSH
LC
CMU
Automotive Sales
N
C2— `'°-3-
N
N
N
N
[C] N
P
P
P
P
N
N
N
N
P
Automotive Service
Stations
N
C 22132
N
N
N
N
[C] N
P
P
P
P
N
C
N
N
P
Banks
N
C22.3. 1
[NJ� 29•
[C] N
N
N
[C] N
P
P
P
C
N
C
C
C
P
Business /Consumer
Services
N
C
[N]C28'
—
C2y30
N
N
[C] N
P
P
P
C
N
C
C
C
P
Guide Service
N
C23-
N
[C]N
N
N
[C] N
P
P
P
P
N
P
P
C
P
Hotels /Motels
N
CX-
N
[C]N
N
N
C
P
PP
C
N
C
P
C
P
Lodge
NC
N
[CJN
N
N
C
P
P
P
C
N
P
P
C
P
Professional Offices
N
C
C 2 9 L "
C
N
N
[P]C
P
P
P
P
N
C
P
P
p
Restaurants
N
C 2�3°
N
C 29.3°
N
N
C
P
P
P
C
N
C
C
C
P
Retail Business
N28
C
[N]C29,
21
C 29 311311
N
N
C
P
P
P
P
S24
S24
C
C
P
Wholesale Business
N
C
N
[C]N
N
N
[C] N
C
P
P
P
N
S24
C
C
N
Theaters[ /COMMERCIAL
RECREATION]
N
C 213°
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
F I
C
C
P
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution PZ12- - 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]N
N
[C]N
N
N
[C] NP
P
P
P
N
C
NN
C
Automotive Repair
NC
N
[C]N
N
N
[C] N
P
P
P
P
N
N
N
N
P
Gas Manufacturer /Storage
N
N
N
[C]N
N
N
N
N
N
C9
C9
N
N
N
N
N
Manufacturing/Fabricating/
Assembly
N
C
N
[C]N
N
N
[C] NC
P
P
P
NC
C
N
C
Mini - Storage Facility
NC
N
[C]N
N
N
[C] N
C
P
P
P
N
N
N
C
C
Storage Yard
NC
N
[C]N
N
N
[C] N
C
P
P
P
N
N
N
N
C
Warehouses
NC
N
[C]N
N
N
[C] N
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]
[C29]
[C]
[C]
[C]
[P]
[P]
[P]
[P]
[P]
[P]
[C]
[P]
[C]
[P]
Churches*
C
P10
Pl0
P'0
Poe
Pi°
P'°
pl°
p'°
c
C
P
P`°
P
P
p
Clinics
C
C
[N]C
2v. 3n
C22930
[C] N
[C] N
C
P
P
P
C
C
C
C
P
P
Colleges*
C
C
C 29,0
C 29`JU
[C] N
[C] NC
P
P
CC
P
C
CC
P
Elementary Schools*
C
C
C29
C
C
C
C
P
P
C
C
P
C
C
C
P
Governmental Buildings
C
C
CI29'
C
C
C
C
P
P
P
C
P
C
C
P
P
High Schools*
C
C
C 29,E
[C]N
[C] N
[C] N
[C] N
P
P
C
C
P
C
CC
P
Hospitals*
C
C
N
[C]N
[C] N
[C] N
[C] N
P
P
P
C
CC
C
C
P
Libraries*
C
C
C 2 9 ' °
C M
[C] N
[C] N
C12
P
P
P
C
P
C
P
C
P
Museums
C
C
C 2 9 .1
Cm" "
[C] N
[C] NC
P
P
P
C
P
C
p
C
P
Parks and Recreation
P
C
C I29]
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
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Animal Boarding"
CC
N
[C]N
[C] N
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
P
C
C
P
Cabin Rentals
CC
N
[C] N
N
N
N
P
P
P
C
N
P
P
C
P
Cemeteries
C
C
N
[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 29.)
Cm'
[C] N
[C] NC
P
P
P
C
C
C
C
P
p
Dormitories/Boarding
Houses
C
C
[Nr
29: 311
C-2- - 22
[C] N
[C] N
[P]C
P21
S
C
P
P23
C
CC
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
N
N
N
Greenhouses/Tree
C
C
N
Cm
[C] N
[C] N
[C]N
P
P
P
C
N
C
C
C
P
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution PZ12- - Attachment A
Page 2
Nurseries"
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
[ N ] 2 C 2
Cl"
[C] N
[C] N
[C]N
P
P
P
P
N
C
P
P
P
Assemblies'5 (Large:
Circuses, Fairs, Etc.)
C
C
N
[C]N
[C]N
[CJN
[C]N
P15
P15
Pty
P35
P15
C
P
N
P'5
Fraternal Organizations/
Private Clubs /Social Halls
and Union Halls
N
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
N
[C]N
[C]N
[CJN
[C]N
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
CC
N
[C]N
[C]N
[C]N
C
C
C
C
C
C
C
C
C
C
Personal Services25
C
C
[N]C'
c22,30
`-.29 30
ColIC
P
P
P
P
C
C
P
P/
C27
P
Communications Towers &
Antenna(s), Radio/TV
Transmitters /Cell Sites* * 28
P
C
N
[C]N
[C]N
[CJN
C
P
P
P
P
P
C
CC
C
Recreational Vehicle Parks
C
C
N
[C]N
N
N
[C]N
C
C
C
C
N
C
C
N
C
Subsurface Extraction of
Natural Resources's
CC
C
C
C
C
C
C
C
C
C
N
C
N
N
N
Surface Extraction of
Natural Resources'T
CC
N
[C]N
N
N
[C]N
N
C
C
C
N
C
N
N
N
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution PZ12- - Attachment A
Page 3
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;
i. The property adjacent to the proposed dwelling group will not be adversely affected.
4. See "Townhouses" section.
g.
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution PZ12- -Attachment A
Page 4
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 PZ12- - Attachment A
Page 5
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 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 PZ12- -Attachment A
Page 6
Sponsored by: Administration at the request
of the Planning & Zoning Commission
CITY OF KENAI
ORDINANCE NO. 2597 -2011 (Substitute)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI AMENDING 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,
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 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 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, residents of 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,
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2597 -2011 - Page 1
WHEREAS, after listening to the concerns of the RR1 neighborhoods, the Commission
agreed neighborhoods should be protected from some commercial uses and that other
neighborhoods 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 No. 2546 -2011 proposed 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 Ordinance No. 2546 -2011 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
reflect the 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 land
use and development; and,
WHEREAS, Council adopted Ordinance No. 2546 -2011 on September 7, 2011; and
WHEREAS, prior to the adoption of Ordinance No. 2546 -2011, the Planning and Zoning
Commission held a special meeting on August 30, 2011 and voted unanimously to
recommend several changes to 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,
RR1 and RU Zones to provide protection for all residential zones in the City; and;
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2597 -2011 - Page 2
WHEREAS, the Planning & Zoning Commission requested administration introduce an
ordinance on behalf of the Planning & Zoning Commission recommending comprehensive
changes to KMC 14.22.010, Land Use Table, for all residential zones including the
Suburban Residential Zone (RS), Suburban Residential 1 (RS1), Suburban Residential 2
(RS2), Rural Residential (RR), Rural Residential 1 (RR -1), and the Urban Residential (RU);
and,
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 lst day of
August, 2012.
ATTEST:
Sandra Modigh, CMC, City Clerk
PAT PORTER, MAYOR
Introduced: November 2, 2011
Postposed: November 16, 2011
Adopted: August 1, 2012
Effective: September 1, 2012
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2597 -2011 - 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
P2'
S'
S2
S2
C22
P
P
P
S1 /C2'
Two/Three Family
Dwelling
C'8
P
P
P
P
P
P
P21
S1
C
C
C22
P
P
P
S'/C21
Four Family Dwelling
C18
P
C3.29`°
P
N
N
P
P21
S1
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
C'8
C3
N
C3
N
N
P
P21
S'
C
C
N
N
P
CS'/C21
Townhouse?
C18
C3-
C3.29
0
C3-
0
C -3-
C
C
C
C
C22
CC
C
C
Mobile Home Parks
N
[C] N
N
[C] N
[C] N
[C] N
[C] NC
C
C
C
N
C
N
N
C
Planned Unit Residential
Development?
C'8
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
N
C-2.9"
N
N
N
N
[C] N
P
P
P
P
N
N
N
N
P
Automotive Service
Stations
N
C 2 ' - 3 0
N
N
N
N
[C] N
P
P
P
P
N
C
N
N
P
Banks
N
C21-31)
[N]C29'
311
[C] N
N
N
[C] NP
P
P
C
N
C
C
C
P
Business /Consumer
Services
N
C
[NJC29'
—
C12.-. 30
N
N
[C] NP
P
P
C
NC
C
C
P
Guide Service
N
C 2 3 0
N
[C]N
N
N
[C] N
P
P
P
P
N
P
P
C
P
Hotels /Motels
N
C 2-
N
[C]N
N
N
C
P
P
P
C
N
C
P
C
P
Lodge
NC
N
[C]N
N
N
C
P
P
P
C
N
P
P
C
P
Professional Offices
N
C
C29' -s
C
N
N
[P]C
P
P
P
P
NC
P
P
P
Restaurants
N
C 2'-311
N
C 2-
N
N
C
P
P
P
C
N
C
C
C
P
Retail Business
N26
C
[N]C 2 9 '
a
C-3°
N
NC
P
P
P
P
S24
S24
C
C
P
Wholesale Business
NC
N
[C]N
N
N
[C] N
C
P
P
P
N
S24
C
C
N
Theaters[ /COMMERCIAL
RECREATION]
N
Cm)
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]
Ordinance No. 2597 -2011 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
IH
ED
R
TSH
LC
CMU
Airports and Related Uses
P20
[C]N
N
[C]N
N
N
[C] N
P
P
P
P
NC
N
N
C
Automotive Repair
N
C
N
[C]N
N
N
[C] N
P
P
P
P
N
N
N
N
P
Gas Manufacturer /Storage
N
N
N
[C]N
N
N
N
N
N
C9
C9
N
N
N
N
N
Manufacturing/Fabricating/
Assembly
N
C
N
[C]N
N
N
[C] NC
P
P
P
NC
C
N
C
Mini - Storage Facility
NC
N
[C]N
N
N
[C] N
C
P
P
P
N
N
N
C
C
Storage Yard
NC
N
[C]N
N
N
[C] N
C
P
P
P
N
N
N
N
C
Warehouses
NC
N
[C]N
N
N
[C] N
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]
[C29]
[C]
[C]
[C]
[P]
[P]
[P]
[I']
[P]
[P]
[C]
[P]
[C]
[P]
Churches*
C
P1°
P'Q
P'°
P'0
Pt0
Pm
Pm
Pm
C
C
P
P1°
P
P
P
Clinics
C
C
[N]C
29_30
C 29.30
[C] N
[C] N
C
P
P
P
C
C
C
C
P
P
Colleges*
C
C
C 2 9 L 0
C 29.31
[C] N
[C] N
C
P
P
C
C
P
C
CC
P
Elementary Schools*
C
C
C29-m
C
C
C
C
P
P
C
C
P
C
C
C
P
Governmental Buildings
C
C
C1291
C
C
C
C
P
P
P
C
P
C
C
P
P
High Schools*
C
C
C 2 9 L 0
[C]N
[C] N
[C] N
[C] N
P
P
C
C
P
C
C
C
P
Hospitals*
C
C
N
[C]N
[C] N
[C] N
[C] NP
P
P
C
CC
C
C
P
Libraries*
C
C
C2°.
C-7.2.
[C] N
[C] NC"
P
P
P
C
P
C
P
C
P
Museums
C
C
C29 3 D
C "°
[C] N
[C] N
C
P
P
P
C
P
C
P
C
P
Parks and Recreation
P
C
C [29j
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
CC
C
MISCELLANEOUS
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Animal Boarding"
CC
N
[C]N
[C] N
N
N
C
C
C
C
N
C
N
C
C
Bed and Breakfasts
CC
C
C
C
C
C
C
C
C
C
N
C
C
C
P
Cabin Rentals
CC
N
[C] N
N
N
N
P
P
P
C
N
P
P
C
p
Cemeteries
CC
N
[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] N
C
C
C
C
N
C
C
C
C
Day Care Centers12
C
C
C 2 9 °
C 29.31)
[C] N
[C] N
C
P
P
P
C
C
C
C
p
p
Dormitories /Boarding
Houses
C
C
[N]C
2 ""
C22
[C] N
[C] N
[P]C
P21
S
C
P
P22
CC
C
P
Essential Services
PP
P
P
P
P
P
p
p
P
P
p
p
p
p
p
Fanning/General
Agriculture * **
P
P
N
N
N
N
N
N
N
N
P
N
P
N
N
N
Greenhouses/Tree
Nurseries"
C
C
N
C 2- °
[C] N
[C] N
[C]N
P
P
P
C
N
C
C
C
P
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2597 -2011 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
[N]C22
C
[C]N
[C]N
[C]N
P
P
P
P
N
C
P
P
p
Assemblies15 (Large:
Circuses, Fairs, Etc.)
C
C
N
[C]N
[C]N
[C]N
[C]N
p15
P15
P15
P15
P15
C
P
N
P15
Fraternal Organizations/
Private Clubs /Social Halls
and Union Halls
N
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
N
[C]N
[C]N
[C]N
[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
N
[C]N
[C]N
[C]N
C
C
C
C
C
C
C
C
C
C
Personal Services"
C
C
[N]C 4
30
C-) 3°
01.2)
C 2 30
C
P
P
P
P
C
C
P
P/
C27
p
Communications Towers &
Antenna(s), Radio/TV
Transmitters /Cell Sites ** 28
P
C
N
[C]N
[C]N
[C]N
C
P
P
P
P
P
C
C
C
C
Recreational Vehicle Parks
C
C
N
[CNN
N
[C]N
C
C
C
C
N
C
C
N
C
Subsurface Extraction of
Natural Resources"
C
C
C
C
C
C
C
C
C
C
C
N
C
N
N
N
Surface Extraction of
Natural Resources"
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 of2000)
** 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, 2597 -2011 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. 2597 -2011 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 Kalifornslcy 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 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]
Ordinance No. 2597 -2011 Attachment A
Page 5
KENAI CITY COUNCIL MEETING
NOVEMBER 16, 2011
PAGE 2
*All items listed with an asterisk ( *) are considered to be routine and
non - controversial by the council and will be approved by one motion.
There will be no separate discussion of these items unless a council
member so requests, in which case the item will be removed from the
consent agenda and considered in its normal sequence on the agenda as
part of the General Orders.
ITEM B:
ITEM C:
ITEM D:
SCHEDULED PUBLIC COMMENTS -- None.
UNSCHEDULED PUBLIC COMMENTS -- None.
PUBLIC HEARINGS
D-1. Ordinance No. 2597 -2011 -- Amending 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.
MOTION:
Council Member Navarre MOVED to approve Ordinance No. 2597 -2011 and
Council Member Marquis SECONDED the motion.
The Mayor opened the meeting to public hearing,
Mark Schrag, 312 Princess -- Mr. Schrag spoke against the ordinance.
There being no one else wishing to speak, the public hearing was closed.
MOTION TO POSTPONE:
Council Member Navarre MOVED to postpone Ordinance No. 2597 -2011 to the
August 1, 2012 meeting and Council Member Marquis SECONDED the motion.
Molloy gave his reasons for wanting the postponement.
VOTE ON POSTPONEMENT:
Council Members voting YES:
Council Members voting NO:
MOTION TO AMEND:
MOTION PASSED.
Marquis, Molloy, Porter, Navarre, Gabriel
Boyle
47
KENAI CITY COUNCIL MEETING
NOVEMBER 16, 2011
PAGE 3
Council Member Molloy MOVED to add a. Clerk's Note to the now pending
Ordinance No. 2597 -2011 to read: The ordinance was referred back to the )(-
Planning and Zoning Commission so the Commission could continue to
consider the changes proposed in this work product during the Comprehensive
Plan process.
Council Member Marquis SECONDED the motion. Council Member Navarre
requested UNANIMOUS CONSENT.
VOTE: MOTION PASSED UNANIMOUSLY.
D -2. Ordinance No. 2598 -2011 -- Increasing Estimated Revenues and
Appropriations in the General Fund - Police Department by $25,000,
Parks Department by $14,500, and Streets Department by $31,500 to
Purchase Equipment Needed in Response to the Annual State of Alaska
Personal Use Fishery that Takes Place on the City of Kenai Beaches and
Utilizes City Facilities.
MOTION:
Council Member Marquis MOVED to enact Ordinance No. 2598 -2011 and
Council Member Navarre SECONDED the motion.
There were no public comments or council comments.
VOTE: MOTION PASSED UNANIMOUSLY.
D -3. Ordinance No. 2599 -2011 -- Authorizing a Budget Transfer Within the
General Fund and Increasing Estimated Revenues and Appropriations in
the Information Technology Capital Project Fund for Citywide
Information Technology Upgrades.
MOTION:
Council Member Marquis MOVED to approve Ordinance No. 2599 -2011 and
Council Member Navarre SECONDED the motion.
There were no public comments.
Council Member Marquis requested a report from Administration.
City Manager Koch referred to Finance Director Eubank and IT Manager
Castimore.
48
Sponsored by: Administration at the request
of the Planning & Zoning Commission
CITY OF KENAI
ORDINANCE NO. 2597 -2011
AN ORDINANCE OF THE COUNCIL OF THE CITY COUNCIL AMENDING 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,
WHEREAS, on May 18, 2011, Kenai City Council held a public hearing and postponed
action on Ordinance No 2546 -2011 and requested the Planning as 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 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 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, residents of 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,
New Text Underlined; [DELETED TEXT BRACKETED)
1
Ordinance Na. 2597 -2011 - Page I
WHEREAS, after listening to the concerns of the RR1 neighborhoods, the Commission
agreed neighborhoods should be protected from some commercial uses and that other
neighborhoods 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 No. 2546 -2011 proposed to amend the Land Use Table in. KMC
1 4.22.010 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 Ordinance No. 2546 -2011 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
reflect the 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 land
use and development; and,
WHEREAS, Council adopted Ordinance No. 2546 -2011 on September 7, 2011; and
WHEREAS, prior to the adoption of Ordinance No. 2546 -2011, the Planning and Zoning
Commission held a special meeting on August 30, 2011 and voted unanimously to
recommend several changes to 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,
RR1 and RU Zones to provide protection for all residential zones in the City; and;
New Text Underlined; [DELETED TEXT BRACKETED]
2
Ordinance No. 2597 -2011 - Page 2
WHEREAS, the Planning & Zoning Commission requested administration introduce an
ordinance on behalf of the Planning & Zoning Commission recommending comprehensive
changes to KMC 14.22.010, Land Use Table, for all residential zones including the
Suburban Residential Zone (RS), Suburban Residential 1 (RS1), Suburban Residential 2
(RS2), Rural Residential (RR), Rural Residential 1 (RR -1), and the Urban Residential (RU);
and,
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, directly involved in all controversy P , provision, b , n or
rendered, and shall not affect or impair the validity of the remainder of this tide 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 16th day of
November, 2011.
ATTEST:
CORENE HALL, Deputy City Clerk
PAT PORTER, MAYOR
Introduced: November 2, 2011
Adopted: November 16, 2011
Effective: December 16, 2011
New Text Underlined; {DELETED TEXT BRACKETED]
3
Ordinance No. 2597 -2011 - Page 3
14.22.010 Land use table.
LAND USE TABLE
KI3Y: P = Principal Permitted Use
C = Condition.al Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on follaving 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
C'8
P
P
P
P
P
P
P21
S'
S2
82
Cu
P
P
P
S' /C21
Two/Three Family
Dwelling
C"'
P
P
P
P
P
P
P21
S'
C
C
C22
P
P
P
S' /C"
Four Family Dwelling
C'"
P
C'.9-3.1)
P
N
N
P
P2k
S'
C
C
Cn
N
P
C
S'/C2'
Five /Six Family Dwelling
C"
C3
N
P
N
N
P
P21
S'
C
C
N
N
P
C
S' /C�1
Seven or More Family
Dwell ing
C1°
C'
N
C
N
N
P
P21
S'
C
C
N
N
P
CS'/C"
Townhouses"
C''01
CIO/
Ca
Ct
CC
C
C
C
C
C22
C
C
C
C
Mobile Home Parks`
N
[C] N
[C] N
[C) N
[C] N
[C N
[C) NC
C
C
C
N
C
N
N
C
Planned Unit Residential
Development
Cu'
C
C
C
C
C
C
C
C
C
C
N
C
C
C
C
COMMERCIAL
LAND USES
C
RR
RRI
RS
RSI
RS2
RU
CC
CG
IL
Iii
ED
R
TSH
LC
CMU
Automotive Sales
N
C 220-11
[C] NN
N
N
[C] NP
P
P
P
N
N
N
N
P
Automotive Service
Stations
N
Ca-'
[C] N
N
N
N
[C] N
P
P
P
P
NC
N
N
P
Banks
N
C-2231
C-22-2/
[C] N
N
N
[C) N
P
P
P
C
N
C
C
C
P
Business /Consumer
Services
N
C
C29.3Q
C-- "i
N
N
[C]N
P
P
P
C
N
C
C
C
P
Guide Service
N
C-49-1
[C] N
[C]N
N
N
[C] N
P
P
P
P
NP
P
C
P
Hotels /Motels
N
C - 1 2 0 1 `
[C] N
[C]N
N
N
C
P
P
P
C
N
C
P
C
P
Lodge
N
C
[CI N
[C)N
N
N
C
P
P
P
C
N
P
P
C
P
Professional Offices
N
C
C24. - ` 2
C
N
N
[P)C
P
P
P
P
N
C
P
P
P
Restaurants
N
C--- 2Y. ]0
[C] N
C r- x
NN
N
C
P
P
P
C
N
C
C
C
P
Retail Business
N2f
C
C 12.12
C22..an
N
N
C
P
P
P
P
S2"
S24
C
C
P
Wholesale Business
N
C
[C] N
[CL
N
N
[C) N
C
P
P
P
N
S24
C
C
N
Theaters[ /COMMERCIAL
RECREATION]
N
C-22--'.9 --
[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]
4 Ordinance No. 2597 -2011 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
CMU
C
P
N
C
0
C
N
CMU
[P1
P
P
P
P
P
P
P
P
P
P
C
;MU
P
P
14
C
P
P
P
N
P
New Text Underlined; [DELETED TEXT BRACKETED]
5 Ordinance No. 259? -2011 Attachment A
Page 2
ZONING DISTRICTS
INDUSTRIAL
LAND USES
C
RR
RRI
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
Airports and Related Uses
P26
[C]N
[C] N
[C]N
N
N
[C] NP
P
P
P
N
C
N
N
Automotive Repair
N
C
[C1 N
[CIN
N
N
[C] N
P
P
1?
P
N
N
N
N
Gas Manufacturer /Storage
N
14
[C] N
[C]N
N
N
14
N
14
C9
Cv
N
N
N
N
Manufacturing/Fabricating /
Assembly
N
C
[C] N
[C]N
N
N
[C] N
C
P
P
P
N
C
C
N
Mini - Storage Facility
N
C
[C] N
[C]N
N
N
[C] N
C
P
P
P
N
N
N
C
Storage Yard
N
C
[C] N
[C]N
14
N
LCJN
C
P
P
1' '
N
N
NN
Warehouses
N
C
[C] N
[C]N
14
14
[CI N
N
P
P
P
N
C
NN
PUBLIC/
INSTITUTIONAL
LAND USES
C
RR
RRI
RS
RS1
RS2
RU
CC
CG
IL
III
ED
R
TSH
LC
[CHARITABLE
INSTITUTIONS]
[C]
[C.1
[C]
[CJ
[C]
[C1
[P]
[P1
[P]
[P1
[P1
[P]
[C]
[P]
[C}
Churches*
C
P1°
Pul
PfO
pi
p10
p10
pi*
1j10
C
c
P
Pi°
P
P
Clinics
C
C
C
C 2°. ro
[C] N
[C] N
C
P
P
P
C
C
C
C
P
Colleges*
C
C
C29. 3t
C2° sn
[C] N
[C] N
C
P
P
CC
P
C
C
C
Elementary Schools*
C
C
Czn-
C
C
C
C
P
P
C
0
P
C
0
0
Governmental Buildings
C
C
C
C
C
C
0
P
P
P
C
P
C
C
P
High Schools*
C
0
029.31)
[C]N
[C] N
[C] N
[CI NI?
P
CC
P
0
0
C
Hospitals*
C
C
[C] N
[C]N
[0] N
[0] N
[C] NY
P
P
CC
0
C
C
Libraries*
C
C
C22-3
0'2.32
[C] N'
[0] N
012
P
P
P
C
PC
P
C
Museums
0
C
C 3 - a
029.;0
[0] N
[0114
0
P
P
P
C
P
C
PC
Parks and Recreation
P
C
C
C
C
C
C
P
P
P
P
P
P
P
C
Assisted Living
C
C
C
C
0
0
0
0
0
C
C
C
0
0
0
MISCELLANEOUS
LAND USES
0
RR
RR1
RS
RS1
RS2
RU
CC
CC
IL
III
ED
R
TSII
LC
Animal Boarding"
C
0
[01 N
[C]N
ICJ N
N
N
C
C
C
0
14
0
14
C
Bed and Breakfasts
C
C
C
C
C
C
C
C
C
C
C
N
C
C
C
Cabin Rentals
0
0
[01 N
[C] N
N
N
N
P
P
P
C
N
P
P
C
Cemeteries
C
C
[C] N
[C]N
N
14
N
14
C
C
C
N
C
C
14
Crematories/Funeral Homes
N
C
N
[C]N
N
N
[C] NC
C
C
0
14
0
C
C
Day Care Ccnters'2
C
0
0 29 71
01131
[0] N
[C] N
C
P
P
P
C
C
C
C
P
Dormitories/Boarding
Houses
0
0
Cam.2
C-4949.
[0] N
[0] N
[PIC
P21
S
C
P
P
c
C
C
Essential Services
P
P
P
P
P
P
PP
P
P
P
P
P
P
P
Farming /General
Agriculture * **
PP
N
N
N
N
N
N
N
N
P
N
P
N
N
Greenhouses/Tree
Nurseries''
C
C
[C] N
C12-32
[0] N
[C] N
[C]N
P
P
P
0
14
C
C
C
CMU
C
P
N
C
0
C
N
CMU
[P1
P
P
P
P
P
P
P
P
P
P
C
;MU
P
P
14
C
P
P
P
N
P
New Text Underlined; [DELETED TEXT BRACKETED]
5 Ordinance No. 259? -2011 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
R.R1
RS
RSI
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Gunsmithing,[ PRINTING,]
Taxiderniy
N
C
C'-
Cam"
[C] N
[C] N
[C]N
P
P
P
P
N
C
P
P
P
Assembliest5 (Large:
Circuses, Fairs, Etc.)
C
C
[C] N
[C]N
[C]N
[C]N
[C]N
P"
P'5
Pis
P:s
P15
C
P
N
PI5
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
[C]N
[C11
P
P
C
C
CC
C
C
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]N
[C]N
[C]N
C
C
C
C
C
C
C
C
C
C
Personal Services?5
C
C
C "• m"
C 29•'q
C 29''0
07,2-'2
C
P
P
P
P
C
C
P
P/
C"
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
PC
C
C
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. 2000ce (Religio is Land Use and Institutionalized Persons Act of 2000)
** See 42 Teleconnnunications Act of 1996, Sec. 704(a)
* ** See, however, the limitations imposed under KMC 3.10.070
Footnotes:
1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major
highways. Commercial or industrial which falls under the landscaping /site plans requirements of KMC 14.25 shall include
any secondary uses in the landscaping and site plans.
2. One (I) single - family residence per parcel, which is part of the main building.
3. Allowed as a conditional use, subject to satisfying the following conditions:
a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone;
b. 'The site square footage in area must be approved by the Commission;
c. Yards around the site, off- street parking, and other development requirements shall be the same as for principal
uses in the RR zone;
d. Water and sewer facilities shall meet the requirements of all applicable health regulations;
e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in
harmony with the character of the surrounding neighborhood, and will riot 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 Teat Underlined; [DELETED TEXT BRACKETED]
6 Ordinance No, 2597 -2011 Attachment A
Page 3
See "Mobile Homes" section.
Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the
minimum Federal Housing Authority requirements.
See "Planned Unit Residential Development" section.
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 safely 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,
I2. 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.
22, Developments for use shall be the same as those listed in the "Development Requirements Table" for the RUITSI.1 zones,
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.
27. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year,
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]
7 Ordinance No. 2597 -2011 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 -wav 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 pennit
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 Loon Road Bridge Access Road and Ikalifomslcv
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]
8 Ordinance No. 2597 -2011 Attachment A
Page 5
KENAI, ALASKA
Village with a Past et. with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -75351 FAX: 907 -283 -3014 tlli�l
1992
MEMO:
//
TO: Rick Koch, City Manager t `�
Th
FROM: Marilyn Kebschull, Planning Administration
DATE: October 26, 2011
SUBJECT: Ordinance No, 2597 -2011— Amending KMC 14,22.010 — Land Use Table
During the past six months, the Planning & Zoning Commission reviewed the Land Use
Table for residential zones. This review was as result of the introduction of Ordinance
No. 2546 -2011 which recommended amending KMC 14,22.010, the Land Use Table,
for the Rural Residential 1 (RR1) zone. When the Commission was asked to review the
Land Use Table for the RR1 zone, they recognized that other residential zones in the
City should be reviewed to ensure neighborhoods were protected from uses that may
adversely affect the integrity of the residential zones. On September 7t1, the Council
adopted Ordinance No. 2546 -2011 amending the Land Use Table for the RR -1 zone.
On August 30, 2011, the Commission held a special meeting. During that meeting, the
Commission unanimously approved a motion requesting administration introduce a new
ordinance on behalf of the Planning & Zoning Commission at the November 2, 2011
Council meeting. Ordinance No. 2597 -2011 is the result of that request and proposes
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 1 (RR1), and the Urban Residential (RU) zoning districts. The
ordinance outlines the process the Commission used to recommend the proposed
amendments to the Land Use Table and identifies the numerous meetings held by the
Commission.
9
t e&
KENA1 ALASKA
//Village with a Past, Gc with a Fare"
210 Fidalgo Avenue, Kenai, Alaska 99611 -77944
Telephone: 907 - 283.75351 FAX: 907 - 283 -3014 1111Ii
1992
MEMO:
TO: City Council
FROM: Rick Koch
DATE: November 9, 2011
SUBJECT: Ordinance No. 2597 -2011, Amending KMC 14.22.010 Land Use
Table
The purpose of this correspondence is to discuss and recommend postponement of the above
referenced ordinance to the regularly scheduled Council meeting of August 1, 2012.
Administration believes that consideration of this legislation is premature. The City is presently
in the process of updating the City of Kenai's Comprehensive Plan. In drafting the updated
Comprehensive Plan, existing and future and use will be considered.
Postponement of this ordinance would allow the changes to the land use tables proposed by
the Planning & Zoning Commission in Ordinance 2597 -2011 to be considered during the
Comprehensive Planning process.
The information assembled in the Comprehensive Plan then would be used by Council in
consideration of changes to the Land Use Tables contained in the City Code.
10
"f tfa e with a Past, Gi with a Future"
210 Fidaigo Avenue, Kenai, Alaska 99611-7794
Telephone: 907 - 283 -7535 / FAX: 907 -283 -3014 lir
1992
MEMO:
TO: Rick Koch, City Manager
FROM: Nancy Carver, Planning & Zoning Assista t
DATE: November 10, 2011
SUBJECT: Ordinance No. 2597-2011 — Amending KMC 14.2Z010 — Land Use Table
At the November 9, 2011, Planning & Zoning Commission meeting, Commissioner
Knackstedt moved to recommend Council postpone Ordinance No. 2597 -2011 until
August 1, 2012. The motion passed unanimously.
Commissioner Knackstedt noted the new commissioners needed time to review the
information and noted the issue was not time sensitive.
11
RESIDENTIAL
LAND USES
One Family Dwelling
Two /Three Family Dwelling
Four Family Dwelling
Five /Six Family Dwelling
Seven or More Family Dwelling
"Dwelling" means a building or any portion thereof designed or
used exclusively for residential occupancy including one (1)
family, two (2) family and multiple- family dwellings, but not
including any other building wherein human beings may be
housed.
"Dwelling unit" means one (1) or more rooms and a
single kitchen in a dwelling designed as a unit for occupancy by
not more than one (1) family for living or sleeping purposes.
"Dwelling, one - family" means any detached building
containing only one (1) dwelling unit.
"Dwelling, two - family" means any building containing
only two (2) dwelling units.
"Dwelling, multiple family" means any building
containing three (3) or more dwelling units.
Townhouses
"Townhouse" means single - family dwelling units constructed in
a series or group of two (2) or more units separated from an
adjoining unit by an approved party wall or walls, extending
from the basement of either floor to the roof along the linking lot
line.
Mobile Home Parks
"Mobile home park" means a site with required improvements
and utilities for the long -term parking of mobile homes which
may include services and facilities for the residents.
Planned Unit Residential
Development
"Planned Unit Residential Development" means an alternative
method of development of a residential neighborhood under
more flexible conditions than otherwise required in a specific
zoning district.
Land Use Definitions — Existing & Proposed
(Proposed in Italics)
1\server011 users \kebschul \Wpdocs \PZ20121Land Use Definition Document 7.11.11.doc
Page 1
COMMERCIAL
LAND USES
Automotive Sales
"Automobile Sales" means the use of any building, land area or
other premise for the display and sale of new or used
automobiles, panel trucks or vans, trailers, or recreation
vehicles and including any warranty repair work and other
repair service conducted as an accessory use.
Automotive Service Stations
"Automobile Service Station" means any building, land area or
other premises or portion thereof used or intended to be used for
the retail dispensing or sales of vehicular fuels; and including as
an accessory use the sale and installation of lubricants, tires,
batteries and similar accessories."
Banks
"Bank" means any building, land area or other premises or
portion thereof used or intended to be used for a financial
institution that provides financial services for its clients or
members.
Business /Consumer
Services
"Business /Consumer Services" establishments primarily
engaged in rendering services to business establishments on a
fee or contract basis, such as advertising and mailing; building
maintenance; employment service; management and consulting
services; protective services; equipment rental and leasing;
commercial research; development and testing; photo finishing;
and personal supply services.
Guide Service
"Guide service" means any activity on any premises used for
collecting or returning persons from recreational trips when
remuneration is provided for the service.
Hotels /Motels
"Hotel" means a building or group of buildings containing more
than five (5) guest rooms used for the purpose of offering public
lodging on a day -to -day basis with or without meals.
"Motel" means a group of one (1) or more detached or semi-
detached buildings containing two (2) or more individual
dwelling units and /or guest rooms designed for, or used
temporarily by, automobile tourists or transients, with a garage
attached or parking space conveniently located to each unit,
including groups designated as auto courts, motor lodges, or
tourist courts.
Lodge
"Lodge" means a building or group of buildings containing five
(5) or fewer guest rooms used for the purpose of offering public
lodging on a day -to -day basis with or without meals.
Land Use Definitions — Existing & Proposed
(Proposed in Italics)
Page 2
Professional Offices
`Profession" means an occupation or calling requiring the
practice of a learned art through specialized knowledge based on
a degree issued by an institution of high learning, e.g., Doctor of
Medicine.
"Office" means a room or group of rooms used for conducting
the affairs of a business, profession, service, industry, or
government.
Restaurants
"Restaurant" means an establishment where food and drink is
prepared, served and consumed primarily within the principal
building.
Retail Business
"Retail Business" means establishments engaged in selling
goods or merchandise to the general public for personal or
household consumption and rendering services incidental to the
sale of such goods.
Wholesale Business
"Wholesale business" means business conducted primarily for
the purpose of selling wares or merchandise in wholesale lots to
retail merchants for resale.
Theaters /Commercial
Recreation
"Theater" means a building or part of a building devoted to
showing motion pictures, or for dramatic, musical or live
performances.
"Commercial Recreation" means a recreation facility operated
as a business and open to the public for a fee.
Land Use Definitions — Existing & Proposed
(Proposed in Italics) Page 3
INDUSTRIAL
LAND USES
Airports and Related Uses
"Airport" means a location where aircraft such as fixed -wing
aircraft, helicopters, and blimps take off and land. Aircraft may
be stored or maintained at an airport. An airport consists of at
least one surface such as a runway for a plane to take off and
land, a helipad, or water for takeoffs and landings, and often
includes buildings such as control towers, hangars and terminal
buildings.
"Related Uses" means offices, stores, hotels, and manufacturers
that adjoin or are part of an airport and requiring or desire
close access thereto.
Automotive Repair
"Automotive Repair" means any building, premises and land in
which or upon which a business, service or industry involving
the maintenance, servicing, repair or painting of vehicles is
conducted or rendered.
Gas Manufacturer /Storage
"Gas Manufacturer /Storage" means establishments engaged in
the mechanical or chemical transformation of materials or
substances into new products and storage of the products.
Manufacturing/Fabricating /
Assembly
"Manufacturing /Fabricating /Assembly" means establishments
engaged in the mechanical or chemical transformation of
materials or substances into new products including assembling
of components parts, the manufacturing of products, and the
blending of materials such as lubricating oils, plastics, resins or
liquors.
Mini - Storage Facility
"Mini- storage facility" means a completely enclosed structure
containing three or more areas or rooms available for lease or
rent for the purpose of the general storage of household goods,
vehicles or personal property; where the lessee of the unit is
provided direct access to deposit or store items and where
vehicles do not fill the majority of the allowed storage space.
Storage Yard
"Storage yard" means a lot used primarily for the storage of
operational vehicles, construction equipment, construction
materials or other tangible materials and equipment.
Warehouses
"Warehouse" means a building used for the storage of goods,
wares and merchandise that will be processed, sold or otherwise
disposed of off of the premises.
Land Use Definitions — Existing & Proposed
(Proposed in Italics)
Page 4
PUBLIC/INSTITUTIONAL
LAND USES
Charitable Institutions
"Charitable Institution" means a property used by a nonprofit
organization that provides a service beneficial to the general
public or to a significant portion of the public for no fee or at a
fee recognized as being less than that charged by profit- making
organizations.
Churches
"Church" means a building or structure, or groups of buildings
or structures, which by design and construction are primarily
intended for conducting of organized religious services and
accessory uses associated therewith.
Clinics
"Clinic" (or outpatient clinic or ambulatory care clinic) means a
health care facility that is primarily devoted to the care of
outpatients. Clinics can be privately operated or publicly
managed and funded, and typically cover the primary health
care needs of populations in local communities, in contrast to
larger hospitals which offer specialized treatments and admit
inpatients for overnight stays.
Colleges
"College" means an educational institution authorized by the
state to provide postsecondary (after high school) education.
Elementary Schools
"Elementary School" means any school licensed by the state
and meets the state requirements for elementary education.
Governmental Buildings
"Governmental Buildings" means a building or group of
buildings owned and operated by any department, commission,
independent agency or instrumentality of the United States, of a
state, borough, incorporated or unincorporated municipality or
city or agency used to conduct official business.
High Schools
"High School" means any school licensed by the state and meets
the state requirements for secondary education.
Hospitals
"Hospital" means an institution that provides medical, surgical,
or psychiatric care and treatment for the sick or the injured.
Libraries
"Library" means a collection of sources, resources, and
services, and the structure in which it is housed; it is organized
for use and maintained by a public body, an institution, or a
private individual. In the more traditional sense, a library is a
collection of books.
Museums
"Museum" means an institution that houses and cares for a
collection of artifacts and other objects of scientific, artistic, or
historical importance and makes them available for public
viewing through exhibits that may be permanent or temporary.
Parks and Recreation
"Parks" means a tract of land, designated and used by the public
for active and passive recreation.
"Recreation" means leisure time activities, usually of a more
formal nature and performed with others, often requiring
equipment and taking place at prescribed places, sites or fields.
Land Use Definitions — Existing & Proposed
(Proposed in Italics)
Page 5
Assisted Living
"Assisted living" means a living arrangement in which people
with special needs, especially seniors with disabilities, reside in a
facility that provides help with everyday tasks such as bathing,
dressing, and taking medication.
Land Use Definitions — Existing & Proposed
(Proposed in Italics) Page 6
MISCELLANEOUS
LAND USES
Animal Boarding
"Animal boarding" means any structure or premises in which
animals are fed, housed, and exercised for commercial gain.
Bed and Breakfasts
"Bed and Breakfast" means a residential, owner - occupied
dwelling in which rooms are rented to paying guests on an
overnight basis with no more than one (1) meal served daily.
Cabin Rentals
"Cabin rentals" means the renting out of one or more
individual, detached dwelling units or buildings to provide
overnight sleeping accommodations for a period of less than
thirty (30) consecutive days.
Cemeteries
"Cemetery" means any property used for burying of the dead.
Crematories/Funeral Homes
"Crematory /Funeral Home" means building used for
preparation of the deceased for burial and the display of the
deceased and ceremonies connected therewith before burial.
Preparation may include cremation which is the process of
reducing dead bodies to basic chemical compounds in the form
of gases and bone fragments. This is accomplished through
burning —high temperatures, vaporization and oxidation.
Day Care Centers
"Day Care Center" means a private establishment enrolling
children where tuition, fees, or other forms of compensation for
the care of the children is charged, and which is licensed or
approved to operate.
Dormitories/Boarding Houses
"Dormitory" means a building used as group living quarters for
a student body or religious order as an accessory use for a
college, university, boarding school, orphanage, convent,
monastery or other similar institutional use.
"Boarding House" means a house (often a family home) in
which lodgers rent one or more rooms for one or more nights,
and sometimes for extended periods of weeks, months and years.
The common parts of the house are maintained, and some
services, such as laundry and cleaning, may be supplied. Some
meals may be provided.
Essential Services
"Essential service" means the erection, construction, alteration,
or maintenance by public utility companies or municipal
departments or commissions, of underground or overhead gas,
electrical, steam, or water transmission or distribution systems,
collection, communication, supply, or disposal systems,
including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, traffic signals, hydrants, and other
similar equipment and accessories in connection therewith. This
definition shall not be interpreted to include public buildings.
Land Use Definitions — Existing & Proposed
(Proposed in italics)
Page 7
Farming /General
Agriculture
"Farming" means a tract of land cultivated for the purpose of
commercial agricultural production.
"Agriculture" means the science, art, and business of cultivating
soil, producing crops, and raising livestock; farming.
Greenhouses /Tree
Nurseries
"Greenhouse" means a building where plants are grown.
"Tree Nursery" means a place where trees /plants are
propagated and grown to usable size.
Gunsmithing, Printing, Taxidermy
"Gunsmith" means a person who repairs, modifies, designs, or
builds firearms.
"Printing" means the process for reproducing text and image,
typically with ink on paper using a printing press.
"Taxidermy" means the act of mounting or reproducing dead
animals for display.
Assemblies (Large:
Circuses, Fairs, Etc.)
"Assemblages" means a large gathering of people for an event
such as a concert, fair, or circus.
Fraternal Organizations/ Private
Clubs /Social Halls and Union Halls
"Fraternal Organization" means a group of people formally
organized for a common interest, usually cultural, religious or
entertainment, with regular meetings, rituals and forrnal written
membership requirements.
Nursing, Convalescent or Rest
Homes
"Nursing, Convalescent or Rest Home" means a place of
residence for people who require constant nursing care and have
significant deficiencies with activities of daily living.
Parking, Off - Street
See:
"Parking space, private" means any automobile parking space,
excluding garages, not less than nine feet (9') wide and one
hundred eighty (180) square feet in total area.
"Parking space, public" means an area of not less than one
hundred eighty (180) square feet exclusive of drives or aisles
giving access thereto in area accessible from streets and alleys
for the storage of passenger motor vehicles operated by
individual drivers.
Parking, Public Lots
`Parking, Public Lots" means a parking area available to the
public, with or without compensation, or used to accommodate
clients, customers, or employees.
Personal Services
"Personal Services" means establishments engaged in providing
services involving the care of a person or his or her apparel.
Land Use Definitions — Existing & Proposed
(Proposed in Italics)
Page 8
Communications Towers &
Antenna(s), Radio /TV
Transmitters /Cell Sites
"Communications tower" means a tower, monopole, pole or
similar structure which supports a telecommunications antenna
operated above ground in a fixed location, free - standing, guyed,
or on a building or other structure. An amateur radio tower is not
a "communications tower" under this section.
"Communications antenna(s)" means any device used for the
transmission or reception of radio, television, wireless telephone,
pager, commercial mobile radio service or any other wireless
communications signals, including without limitation omni-
directional or whip antennas and directional or panel antennas,
owned or operated by any person or entity required to be
licensed by the Federal Communications Commission (FCC) to
operate such device. This definition shall not include private
residence mounted satellite dishes or television antennas or
amateur radio equipment including without limitation ham or
citizen band radio antennas.
Recreational Vehicle Parks
"Recreational vehicle park" means an area established by a
conditional use permit for the parking of two (2) or more
recreational vehicles on a temporary basis.
Subsurface Extraction of Natural
Resources
"Subsurface Extraction of Natural Resources" means removing
valuable minerals or other geological materials from the earth,
from an ore body, vein or (coal) seam. Materials recovered
could include gas, oil, base metals, precious metals, iron,
uranium, coal, diamonds, limestone, oil shale, rock salt and
potash.
Surface Extraction of
Natural Resources
"Surface Extraction of Natural Resources" means removal of
material, usually soil, gravel, or sand for use at another location.
Land Use Definitions — Existing & Proposed
(Proposed in Italics)
Page 9
ZONING DESCRIPTIONS
Conservation Zone (C) intent: The C -Zone is intended to apply to areas which should be preserved primarily as open areas and as watersheds
and wildlife reserves. Airport and related uses have been included in this zone to allow for the reservation of aircraft approach zones. It is
intended that this zone shall apply mainly to publicly owned land.
Limited Commercial Zone (LC) intent: The LC Zone is established to provide transition areas between commercial and residential districts by
allowing low to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from
the uses allowed with adjacent districts.
Central Mixed Use Zone (CMU) intent: The CMU Zone is established to provide a centrally located area in the City for general retail shopping,
personal and professional services, entertainment establishments, restaurants and related businesses. The district is also intended to
accommodate a mixture of residential and commercial uses. The CMU Zone shall be designed to encourage pedestrian movement throughout
the area. Building and other structures within the district should be compatible with one another and the surrounding area.
Central Commercial Zone (CC) intent: The CC Zone is established to provide for an area of concentrated commercial development. Regulations
applying to this zone are designed to encourage a compact group of business of the type which are mutually beneficial and located close
enough together to encourage walk -in trade.
General Commercial Zone (GC) intent: The CG Zone is established to provide for areas where a broad range of retail, wholesale, and service
establishments is desirable. Uses are regulated to concentrate commercial development to the greatest extent possible and to prevent any
uses which would have an adverse effect upon nearby properties. New single and two - family residential uses and other noncommercial uses,
except as otherwise provided in this chapter, are not permitted in this zone as principal uses because it is intended that land classified in this
zone be reserved for commercial purposes, and because a commercial zone is not suited to the uses excluded above.
Light Industrial Zone (IL) intent: The IL Zone is designed to provide for the development of industrial and commercial uses which are usually
compatible and which are of a type which has no nuisance effects upon surrounding property, or which may be controlled to prevent any
nuisance effects upon surrounding property. New residential uses and other non - industrial uses, except as otherwise provided in this chapter,
are not permitted in this zone as principal uses because it is intended that land classified in this zone be reserved for industrial and commercial
purposes, and because the IL zone is not suited to the excluded uses.
Heavy Industrial Zone (IH) intent: The IH Zone is established to allow for a broad range of industrial and commercial uses. It is intended to
apply to industrial areas which are sufficiently isolated from residential and commercial areas to avoid any nuisance effect.
Recreation Zone (R) 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.
Rural Residential Zones (RR, RR -1) intent: The RR Zone is intended to provide for low density residential development in outlying and rural
areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is:
(1) To separate residential structures to an extent which will:
(A) Preserve the rural, open quality of the environment;
(B) Prevent health hazards in areas not served by public water and sewer.
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.
Suburban Residential Zones (RS, RS -1, RS -2) intent: The RS Zone is intended to provide for medium density residential development in areas
which will be provided with common utility systems. The specific intent in establishing this zone is:
(1) To separate residential structures to an extent which will allow for adequate light, air, and privacy;
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.
Urban Residential Zone (RU) intent: The RU Zone is intended to provide for apartments and compatible uses in areas near centers of shopping,
services, and employment where high density residential development is desirable.
Townsite Historic District Zone (TSH) intent: The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area,
which will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development, reconstruction
and alterations within the zone.
Educational Zone (ED) intent: The Education Zone is intended to provide for an area primarily of education and related uses such as schools,
dormitories for educational purposes, parks and recreation, libraries and museums.
Suburban Residential 1 and 2 Zones
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KENAI, ALASKA
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City of Kenai Zoning
May 2012
RIME ee'E1 riff MI
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Legend
Rural Residential 11101 Suburban Residential 1
Rural Residential 1 Suburban Residential 2
Suburban Residential Urban Residential
The information depicted hereon is for graphic representation
of the best available sources. The City of Kenai assumes no
responsibility for errors on this map.
City of Kenai
Planning Department