HomeMy WebLinkAbout2006-10-11 Planning & Zoning Packet Work SessionProposed
Central Mixed Use
Rezone
Work Session
October 11, 2006
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Suggested by: Planning & Zoning Conunission
CITY OF KENAI
ORDINANCE NO. 2185-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING
A CENTRAL MIXED USE ZONE (CMU) AT KMC 14.20.125 AND AMENDING THE
VARIOUS PARTS OF THE KENAI ZONING CODE BY ADDING THE PROVISIONS TO
ENCOMPASS THE NEW ZONE, AND UPDATING PORTIONS OF THE LAND USE
TABLE AT KMC 14.22.010.
WHEREAS, the City of Kenai Zoning Code does not have a zone designed for a mixture
of commercial and residential use; and,
WHEREAS, it is desirable to have a zone designed for a centrally located, pedestrian-
friendly area for general retail shopping, personal and professional services,
entertainment and restaurants to be mixed with residential uses; and,
WHEREAS, the 2003 City of Kenai Comprehensive Plan calls for the establishment of
such a central mixed use zone: and.
WHEREAS, such a zone would be called the Central Mixed Use zone (CMU); and
WHEREAS, it is in the best interest of the City of Kenai to establish a Central Mixed
Use zone as described above; and,
WHEREAS, amending the Land Use Table categories of "Automotive Repair/Tire
Recapping/Rebuilding" to "Automotive Repair," "Sanitariums" to "Assisted Living," and
"Farming/Gardening and General Agriculture" to "Farming/General Agriculture"
would aid in better determining which uses are allowed in the van-ious zones within the
City; and,
WHEREAS, adding definitions of the terms farming, agriculture, assisted living,
hospital and assemblages will aid in better understanding Iand uses in the City of
Kenai; and,
WHEREAS, Footnote 21 of the Land Use Table should be amended to substitute
"Development" far "Setbacks" to better regulate lot size in the Central Commercial and
Central Mixed Use zones.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that:
SECTION I.
KMC 14.20.125 A Central Mixed Use Zone (CMU) is enacted as
set forth in Attachment A.
14.20.1.25 Central Mixed Use Zone (CMU ZONE)
(a) Intent: The CMU Zone is established provide a centrally located area in the City
for eeneral retail shoppingpersonal and rofessianal services entertainment
establishments restaurants and related businesses. The district is also intended to
accommodate a mixture of residential and commercial. uses with conflict bein
resolved in favor of business. The CMU Zone shall be designed to encourage
pedestrian movement throughout the area Building_and other structures within
the distnct_should be compatible with one another and the surroundingarea
(b) Pnncroal Permuted Uses: As allowed in the Land Use Table
(c) Conditional Uses: As allowed in the Land Use Table and sub'ect to the
provisions of this chapter
(d) Accessory Uses: As defined (See definitions in KMC 14 20 320)
(e) Home Occupations: Uses as allowed in this chapter
(f} Parkins Reauirements• As required this chapter
(g) Development Requirements•
(1) No oven storage shall be located closer than twenty five feet (25') to the
adtotmn~ n~ht-of-way of any collector street or main thoroughfare Any open
storage ~n front or side yard visible from a collector street shall be enclosed with
an et~ht-foot (8') high commercial grade fence;
(2) As set forth in KMC 14 20 250(b)(4}(B)
(h) Landscaping: As reauired in KMC 14 25
Ordinance No. 2185-200G Attachment A
Page 1 of 1
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14.22.010 Land Use Table Footnotes:
1. Allowed as a secondary use except on the ground Hoar of the part of the building fronting
on collector streets and major 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;
f. The buildings shall be used only for residential purposes and customary accessory
uses, such as garages, storage spaces, anal recreational and community activities;
g. There shat] 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.
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.
Ordinance No. 2185-2006 Attachment B
Page 4 of 5
14.24.010 Minimum Iot area requirements.
KEY: N=Not allowed
DEVELOPMENT REQUIREMENTS TABLE
Zonin Districts
USES C/RR RRl RS RSI RS2 RU/TSH TL/IH/CC/CG/CMU R ED LC
MINIMUM LOT
AREA
s uare feet)
See individual sections
SingleJTwo/Three of Code for
Famil Dwellin 20,000 20,000 7,200 12,500 7,200 7,200 re uirements 20,000 20,000 12,500
Four Family
Dwellin 20,000 22,400 9,600 N N 7,200 N N 12,500
Five Family
Dwell' 22,400 N 12,000 N N 7,200 N N 12,500
ix Family
Dwellin 24,800 N 14,400 N N 7,200 N N 12,500
27,200 + 16,800 +
2,400 for 2,400 for
Seven or More each unit each unit
Famii Dwellin over 7 N over 7 N N 7,200 N N 12,500
Footnotes:
(1) Listed square footages are the minimum required for each zone.
(2) Greater lot square footages may be required to satisfy Alaska Department of Environmental Conservation
(ADEC) requirements where on-site- water supply and/or sewer is necessary.
(3) Minimum lot size for non-residential uses in ED zone is 4Qt}00 square feet.
{4) Minimum lot size for residential uses in the CMU zone is 7 200 square feet
Ordinance No. 21 SS-2006 Attachment C
Page 1 of 2
14.20.220
(f) Sims are allowed as follows•
(1}Allowed Signs Not Requiring_a Permit
(A) Public signs erected by or on behalf of a governmental body to post legal notices
identify public property convey public information and direct or re Mate pedestrian or
vehicular traffic.
(B) Personal message signs of a total of not more than five {5} square feet containing
noncommercial messages
(C) Traditional holiday decorations
(D) Temporary banners of not more than thirty two (32) square feet No temporary banners
shall be installed or placed for a period to exceed thin (3~davs in any ninet~(90) day
eriod.
(E) Suns in the nature of cornerstones commemorative plaques historical signs building
name, or street number.
(F) Suns within a building or on a structure or fence located at an outdoor sportin event
sportin facilit or sports field
(G) Temporary suns of not more than five (S) square feet advertising such items as "yard
sale," "garage sale " "property for sale " "open house " or "lemonade" may be
displayed for one (1) week Such signs must display the name address and telephone
number of an adult person conducting/supervising such sale and must be dated
Signs erected on a lot or lots that are fenced or screened so that no part is visible from a
public nght-of-way or another lot
ff) Construction Signs During construction repair or alteration of a structure temporary
s~ that denote the architectural or engineering firm contractor or builder that denote_
the name of the structure and its use or occupants-to-be may be erected on the
construction site. Each sign shall be thirty-two (32) square feet or less in size and no
more than one (1) such sign shall be permitted for each architectural or engineering
firmLcontractor, builder, owner or denoting the name use and occupants to be of the
structure. Any of these maybe combined on one (1) or more si ng s but the total square
footage of the sign or signs shall not exceed that set out above All construction signs
shall_be removed when the construction is completed
(J') A flag or insignia of any nation organization of nations state borough city reli ions
civic, fraternal organization or educational institution except flags used in connection
with a commercial promotion or as an advertisin device
(K) Event Signs. One (1) unlighted sign of up to thin two (32) squ~ue feet may be
displayed for the purpose of announcing an event of civic philanthropic educational or
religious organization. Signs may be installed no sooner than ten f 10} da~grior to the
event announced and shall be removed within five (5) days after the event No event
signs may be installed for a period exceeding thirty 30) days in an ninety~90) day
period. The ninety (90) day period begins on the first day the event si n is displayed
Event signs shall contain the date of their placement
(L) Real estate signs of thirty-two (32) square feet or less used to advertise the sale or lease
of the property on which the sign is located
Ordinance No. 2185-2006 Attachment D
Page 1 of 8
with any authorized traffic si n si ng~al or device No sign shall be attached to any
traffic scan or signal device or to andpublic sign or signpost
(O) . No sr~n other than public signs shall be placed within twenty feet (20~ of an~+
rntersectron as measured from the nearest intersection. of street ri ht-of-wa lines.
(P} No off-premises commercial advertising<si~ns including- billboards, except as allowed
m subsection (f)(1)(G) of thrs section or at an outdoor sportin event sorts facility or
sports field.
(Q) Portable signs.
[(f7] ~ Nonconforming Signs.
(1) After the enactment of this section, signs located within the City of Kenai on the effective
date of this section that do not conform to the requirements of this code shall be classified as
legal "nonconforming" signs if the sign was in compliance with applicable taw on the date of
adoption of this code.
(2) A legal nonconforming sign shall immediately lose its legal nonconforming designation if:
(A) The sign is altered in any way in structure which tends to increase its nonconformity with
the requirements of this code;
(B) The sign structure is relocated;
(C) The sign (except for copy on a changeable copy sign) is replaced.
Upon the occurrence of subsections (f)(2)(A), {f)(2}(B) or (f)(2}(C) of this section, the sign
shall be immediately brought into compliance with this code with a new permit secured or it
shall be removed.
[(g)] ~ Specific Definitions Pertaining to Signs.
(1) "Applicant" means any for-profit or nonprofit enterprise, or organization, or any individual
not acting on behalf of such an enterprise or organization.
(2) "Audio sign" means a sign that emits a noise or sound, either spoken words, music, or
singing.
(3) "Banner" means a sign construction of flexible material, such as cloth, which moves upon
being subjected to pressure by the wind.
(4) "Beacon sign" means a light with one (1) or more beams capable of being directed in any
direction or directions or capable of being revolved.
(5) "Combination sign" means a sign incorporating any combination of the features of pole,
projecting, and roof signs.
Ordinance No. 2185-2006 Attachment D
Page 3 of 8
(20} "Roof sign" means a sign erected upon or above a roof or parapet of a building or structure.
(21) "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences,
emblems, devices, trade names, or trade marks by which anything is made known, such as are
used to designate an individual, a firm, an association, a corporation, a profession, a business, or
a commodity or product which are visible from any public street or highway and used to attract
attention.
(22) "Sign structure" means a structure that supports or is capable of supporting any sign as
defined in this code. A sign structure may be a single pole or poles anal may or may not be an
integral part of a building.
(23) "Temporary sign" means any sign, banner, pennant, valance, or. advertising display
constructed of cloth, canvas, light fabric, cardboard, wall. board, or other light materials, with or
without frames, designed to be displayed for a limited period of time only.
(24) "Wall sign" means any sign attached to, painted on, or erected against the wall of a building
or structure, with the exposed face of the sign in a plane parallel to the plane of the said wall.
Ordinance No. 2185-2006 Attachment D
Page 5 of 8
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14.20.320 Definitions.
(a} General Interpretation.
(1) Words used in the present tense .include the future tense.
(2} The singular number includes the plural..
(3) The word "person" includes a corporation as well as an individual.
{4) The word "lot" includes the word "plot" or "parcel."
(5) The term "shall" is always mandatory.
(6) The word "used" or "occupied" as applied to any land or building shall be construed to
include the words "intended," "arranged" or "designed to be used or occupied."
(b) Specific Definitions. (ADD THE FOLLOWING TO EXISTING LIST:)
"Agriculture" means the science art and business of cultivating soil producin crops and
raising livestock• faming_
"Assemblages" means a lame Gathering of people for an event such as a concert fair or
circus."
"Assisted living" means a living arrangement in which people with special needs especially
seniors with disabiht~es reside in a facility that provides help with everyday tasks such as
bathing, dressing and taking medication
"Farming" means a tract of land cultivated far the purpose of commercial agricultural
production.
"Hospital" means an institution that provides medical sur ical or psychiatric care and
treatment for the sick or the iniured
Ordinance No. 2185-2006 Attachment E
Page 1 of 1