HomeMy WebLinkAboutORDINANCE 2113-2005SUBSTITUTE
Suggested by: Administration
CITY OF KENAI
ORDINANCE N0.2113-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE LAND USE TABLE AT KMC 14.22.010 TO ALLOW RETAIL BUSINESSES SUCH
AS GIFT SHOPS AND COFFEE SHOPS IN THE EDUCATION ZONE AS A SECONDARY
USE.
WHEREAS, land uses allowed in the Education Zone such a schools, museums, parks
and recreation, and governmental buildings often have retail operations in them such
as gift shops and food services; and,
WHEREAS, such secondary uses are traditionally associated with such buildings and
would not detract from the purposes of the Education Zone; and,
WHEREAS, it is in the best interest of the City of Kenai to amend the land use table in
KMC 14.22.010 to allow retail business in the Education Zone as a secondary use
subject to the limitations in Footnote 24 which allows such businesses as coffee shops
and gift shops within other allowed uses.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.22.010 is amended as shown in Attachment A.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17~ day of August
2005.
~~
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: August 3, 2005
Adopted: August 17, 2005
Effective: September 17, 2005
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Footnotes:
(1) Allowed as a secondary use except on the ground floor of the part of the building fronting on
collector streets and maj or highways.
(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;
(~ 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.
5 See "Mobile Homes" section.
O
(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.
Ordinance No.2113-2005 Attachment A
(15) Allowed, provided that the following conditions are met:
(a) An uncleared buffer strip of at least thirty (3 0) 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) Allowed as a conditional use provided that ingress and egress from the property is from the
Kenai Spur Highway.
(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. (Ord. 2053-2004)
(21) Setbacks 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, dressmakers, dry cleaners and self service laundries,
~ fitness centers, photographic studios, tailors, tanning salons and massage therapists.
Ordinance No.2113-2005 Attachment A
i
. ~ ~~~'',, . CITY OF KENAI
_;_- -r'~ . ~::: -- ~ PLANNING AND ZONING COMMISSION
-_-_
RESOLUTION N0. PZ05-43
t{re city o f
KENAI, ALASKA
U
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL AN AMENDMENT TO THE
KENAI ZONING CODE LAND USE TABLE IN KMC 14.22.010 TO ALLOW RETAIL
BUSINESSES SUCH AS GIFT SHOPS AND COFFEE SHOPS IN THE EDUCATION ZONE
AS A SECONDARY USE.
WHEREAS, land uses allowed in the Education Zone such a schools, museums, parks and
recreation, and governmental buildings often have retail operations in them such as gift shops
and food services; and
WHEREAS, such secondary uses are traditionally associated with such buildings and would not
detract from the purposes of the Education Zone; and
WHEREAS, it is in the best interest of the City of Kenai to amend the land use table in KMC
14.22.010 to allow retail business in the Education Zone as a secondary use subject to the
limitations in Footnote 24 which allows such businesses as coffee shops and gift shops within
other allowed uses.
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA recommends that the Land Use Table in KMC 14.22.010 be amended as
shown in Attachment A.
PASSED BY TH PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this ~'~ day of w: ~ , 2005.
CHAIRMAN
AT ST:
~~\
tkeu~of/
HENAI. ALASI{A
~~I/i~~a e wit~t a Past, Gi r~vit~ a Facture ~~
.~
210 Fidalgo Avenue, Kenai, Alaska ~9~611-7794
Telephone: 907-283-7535 /FAX: 907-283-3014
www.ci.kenai.ak.us
MEMORANDUM
T0:
• ~'~
C Mayor Pat Porter and Councilors
FR M
O. rav it A t rn
Cary R G es, C y t o ey
DATE: August 17, 2005
RE: Substitute Ordinance 2113-2005
The change in Substitute Ordinance 2113-2005 is in the third "Whereas" paragraph. The phrase
"retail/wholesale business" in the second sentence of that paragraph has been changed to "retail
business." The change was made to reflect the intent of the ordinance as shown in Attachment A
of the ordinance and the language and intent of Planning & Zoning Resolution PZ 05-43.
CRG/sp