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Home My WebLink About2008-02-27 Planning & Zoning Packet - Work SessionCITY OF KENAI PLANNING & ZONING COMMISSION Work Session Reminder Immediately Following The MEETlN6 February 27, 2008 Proposed code amendments: ~ - KMC 14.20.200 Accessory Structures -Increasing size of structures ~ allowed In setbacks. KMC 9.10.015 Screening of Dumpsters ~~ ~~~~ -_ _ _ _ - -- tlxe cil~r a f ~~ K~HA#~ SHA "Vi~~a e with a Past, G~` wit~t a Fr~tr~re" 9 ~' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~'e Telephone: 907-283-75351 FAX: 907-283-3014 IIII issz MEMO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administrato DATE: February 21, 2008 SUBJECT: KMC 14.20.200 -Accessory Structures -Proposed Amendment (Councilman Boyle) At your work session on February 13, 2008, Councilman Boyle asked that you postpone setting a public hearing on the proposed amendment until he could speak with the City Attorney regarding the definition of single-story. At packet time, Mr. Grapes had not heard from Mr. Boyle. If information is received prior to your meeting, I will bring it to the meeting. Suggested by: Councilor Boyle CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZOS-10 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC I x.20.200 {a} (2) (ACCESSORY STRUCTURES) BE AMENDED TO INCREASE THE SIZE OF ACCESSORY STRUCTURES ALLOWED IN SETBACK AREAS FROM ONE HUNDRED AND TWENTY (120) SQUARE FEET TO TWO HUNDRED (200) SQUARE FEET WITH NO SIDE OR END OF THE ACCESSORY STRUCTURE LONGER THAN SIXTEEN (16) FEET UNLESS THE BUILDING OFFICIAL GRANTS A WAIVER FOR GOOD CAUSE, TO DEFINE ONE (1) STORY HEIGHT, AND TO INCREASE THE DISTANCE FROM THE ADJOINING LOT. WHEREAS, KMC 14.20.200(a)(2) now allows for accessary structures of not more than one hundred twenty (120) square feet and not more than one story in height to be in setback areas provided they are not closer than three feet to the adjoining lot; and, WHEREAS, limiting the size of such accessory structures to one hundred twenty (120) square feet is too small for many items to be stored in; and, WHEREAS, increasing the size of such accessory structures would allow for more inside storage without the added expense of another out building, thus reducing outside storage iri yards; and WHEREAS, increasing the distance to side setback would insure larger structures do not adversely affect adjacent properties; and, WHEREAS, allowing larger single storage buildings would decrease the need for additional buildings in yards; and WHEREAS, existing setbacks for sheds above one hundred twenty (120) square feet cause a significant loss of usable yard space; and WHEREAS, it is in the best interest of the City of Kenai to amend KMC 14.20.200(a)(2) to increase the size of allowed accessory structures in the setback from one hundred twenty (120 to two hundred square feet and to increase the distance from the adjoining lot to five feet (5'). NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.20.200 as follows: KMC 14.20.200 Accessory structures. (a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: {1) In an RR and RS zone, the minimum front yard setback for an unoccupied attached or detached garage or carport shall be ten feet (10'); {2) Covered but unenclosed passenger landings, or storage sheds of not more than [ONE] two hundred (200 jTWENTY (120)] square feet, with no side or end 1on~er than sixteen (16) feet„unless the Building Official grants a waiver for ood cause and nat more than one {1) story in height may extend into either side yard or rear yard, but such structure shall not be closer than [THREE FEET (3')] five feet (5T1 to an adjoining lot; {3) Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required side or rear yard except within three feet (3') of any lot line; {4) Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required front yard except within ten feet (10') of any lot line; {5) A detached accessory building may be permitted to occupy a rear yard; provided that, nat more than one-third (1 / 3) of the total area of such rear yard shall be so occupied. Except as provided in KMC 1~F.20.200(a){2), setbacks, per development tables, must be maintained if the structure is 1ar~er than two hundred 200 s uare feet [REQUIRES A BUILDING PERMIT]. (6) For_purposes of this section one (1) story in hei hg t is,a.maximum of 12 feet (l.2') high as measured from the ground to the top of the roof. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 27th day of Februar,~ . CHAIRPERSON: ATTEST: "C/c'~rra e wit~i a Past, _Gi with a Fc~tr~~e" .9~ ~' ,~-~,~N ~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 '~ Telephone: 907-283-75351 FAX: 907-283-3014 ~I~~. - - ~ 1992 the ca~ o f KFNAI, ALASKA ^ ^ TO: Planning Commission ~ tl FROM: Marilyn Kebschull, Planning Administrator DATE: February 20, 2008 SUBJECT: Amendment to KMC 9.10 - Dumpster Screening This item has been postponed since July 25, 2007. The Commission held two public hearings and received input on the proposed ordinance. After the Juiy 25tH work session, the Commission decided to postpone discussion of the item while considering other code amendments. The other issues have been considered. Attached to this memorandum is a copy of the draft resolution from the July 11tH public hearing, minutes from that public hearing, and meeting notes from the July 25tH work session. Please review this information so the Commission can decide how to proceed with the proposed amendment. Attachments Suggested by: Administration CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-25 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL TO ENACT KMC 9.10.015 REQUIRING DUMPSTERS TO BE SCREENED ON AT LEAST THREE SIDES. WHEREAS, since 2006 development in commercial and industrial zones requiring a landscaping site plan under KMC 14.25 must provide for screening of dumpsters; and, WHEREAS, screening for dumpsters is not required for development in residential zones or for existing commercial or industrial development; and, WHEREAS, requiring screening of dumpsters throughout the city is necessary so as to not create or continue with nuisances or unsightly conditions; and, WHEREAS, allowing one year from the effective date of this ordinance will allow adequate time for commercial, industrial or residential dumpster owners to comply with the new screening requirements. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACT KMC 9.10.015 as follows. 9.10.015 Screening of dumpsters. (a} Definitions. (1} "Construction and demolition debris"-Waste building materials resulting from construction, remodeling, repair or demolition operations. (2} "Dempster"--A commercially designed large metal container for refuse that has a closable top lid(s) and/or side slide doors. (b) Dumpster(s} must be screened on at least throe sides from view from a public way. Where visible from a public way, screening shall be opaque, either by the use of trees or man-made structures and maintained in good condition. (c) Dumpsters are allowed for the disposal of construction and demolition debris on a temporary basis without being screened. A permit is required for this use and is obtained as part of a building permit. A temporary dumpster permit is valid for 90 days with renewal necessary for additional time period as allowed within the discretion of the Building Official. (d) Temporary use of unscreened dumpsters by the city for neighborhood cleanup efforts is allowed. Temporary use in this subsection is not more than thirty {30) days. - eso ution Page 2 (e) All dumpsters existing at the effective date of this Ordinance shall have one year from that date to comply with the terms of this Ordinance. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this day of CHAIRPERSON: ATTEST: Public Hearing/Postponed: June 13, 2007 Public Hearing/Postponed: July 11, 2007 Work Session: July 25, 2007 MOTION: Commissioner Smagge MOVED to postpone PZ07-24 in order to hold a work session, and Commissioner Bryson SECONDED the motion. VOTE: Sma a YES Lewis ABSENT Fullinck YES Romain YES Wells ABSENT Twait YES B son YES MOTION PASSED UNANIMOUSLY. 5-b. PZ07-25 - A Resolution of the Planning And Zoning Commission of the City Of Kenai, Alaska, recommending to the Council to enact KMC 9.10.015 requiring dumpsters to be screened on at least three sides. Kebschull reviewed the staff report included in the packet, noting there would be one year to comply. Twait opened the meeting for public comment. Pat Porter, 310 Rogers Road -- Spoke in support of the resolution and shared a .power point presentation of dumpsters within city limits John Mellish, 1132 Walnut -- Spoke in opposition of the resolution, stating loss of parking space, possibility of not meeting parking requirements, and overhead wires could pose a safety hazard. Kristine Schmidt, 513 Ash A~renue -- Spoke in opposition of the resolution, stating loss of parking, suggesting durnpster colors could blend in more, and "overflowing" dumpsters were not addressed There being no further comments, Twait closed the public hearing. Commission comments included: • Possibility of parking variances. • Trees or shrubs can be used in place of more permanent measures. • Concern over loading and unloading of dumpsters. • Work session may be needed to address concerns. • Under Title 9, variances are not provided and should be considered for issues {i.e., parking and screening). MOTION: PLANNING 8v ZONING COMMISSION MEETING JULY 11, 2007 PAGE 3 7125107 -Meeting Notes (Dumpster Screening) John Meiiish -Listed the following concerns: • Ordinance should provide for a variance, --- Concerned that established businesses might lose required parking spaces, • Snow removal and plowing could be an issue for established businesses. • Costltime to comply should be considered. • With overhead wires, placement could be an issue. ROW placement issues. • Possibly allowing painting #o match building should be alternative. • Felt that if allowed to use fence in easement that could be moved, he could comply with minimal expense. Bryson • Item b in proposed ordinance requiring screening from public way may not be possible. May need to be reconsidered or rewritten. Romain Recommend considering requiring screening from four sides gate. Wells • Trend is no human interface with dumpster, • Agrees that something needs to be done. • Moveable screening could be an option to consider. Agreed to set work session to discuss proposed ordinance further.