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HomeMy WebLinkAboutOrdinance No. 2328-2008~ ,' Suggested by: Planning & Zoning Commission ,_~ ~: rye ~'~ ~ CITY OF KENAI KENA~ SKA OItDINPaNCE NO. 2328-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING TRACT A, GUSTY SUBDIVISION NO. 3, TRACT B, GUSTY SUBDIVISION NO. 6, AND TRACT C-1, GUSTY SUBDIVISION NO. 7 FROM CONSERVATION TO LIGHT INDUSTRIAL. WHEREAS, the 2003 City of Kenai Comprehensive Plan recommended a revision of zoning of airport properties to comply with future expected uses; and, WHEREAS, the Airport Supplemental Plan supports rezone of airport lands to allow for Federal Aviation Authority (FAA) authorized uses; and, WHEREAS, the area to be rezoned is subdivided; and, WHEREAS, the parcels are zoned Conservation (C); and, WHEREAS, the rezoning to Light Industrial would permit uses as allowed by the Federal Aviation Authority (FAA) and consistent with airport development; and, WHEREAS, the Planning and Zoning Commission held a public hearing on June 25, 2008 and voted unanimously to recommend the properties be rezoned; and, WHEREAS, the area to be rezoned is shown on Attachment A; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment A to the Light Industrial zone (IL). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official Kenai Zoning Map is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF ENA}~ SKA~i-s~2-0th da)y of August, 2008. CC~~----' '~ ~/ PAT PORTER, MAYOR ATTEST: ~~~ Carol L. Freas, City Clerk Introduced: July 2, 2008 Adopted: July 16, 2008 Second Reading: August 6, 2008 Third Reading: August 20, 2008 Adopted: August 20, 2008 Effective: September 20, 2008 New Text Underlined; [DELETED TEXT BRACKETED] legend ~,....~ ~ :.~~m.. 0 , w,~e~ 0 , ,~....~ o ~_m ~a a.~~ 0 a.v.~„~s, 0 a~ ...W..~.~ ® .~,m.~ 0 9~~.~~~ o :~„4. Ordinance No. 2328-2008 Attachment A `~ tl+e a'fy a f' KENA~ SKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ08-35 REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Rick Koch, City Manager, City of Kenai ADDRESS: 210 FidalQO Avenue, Kenai, AK 99611 LEGAL: Tract A, Gusty Subdivision No 3 Tract B Gusty Subdivision No 6 and Tract C-1 Gusty Subdivision No 7 PARCEL #: 04327021 04327035 & 0432'7034 WHEREAS, the Commission finds the following: 1. The subject properties are currently zoned Conservation 2. The present land use plan designation is Aimort Industrial 3. The proposed zoning district is IL, -Light Industrial 4. An appropriate public hearing as required was conducted June 25. 2008 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZOl\'ITdG of Tract A, Gusty Subdivision No. 3, Tract B Gusty Subdivision No. 6, and 7"raet C-1, Gusty Subdivision No 7 as shown on Attachment B is hereby recommended to the Kenai City Council. PA5SEI9 I3Y THE PLANli'II<iG ANI9 Z®NING C®MMIS3ION ®F THE CITY ®F KENAI, ALASKA, ,Tone 25, 2004. ~-- r CHAIRPERSON ~ ~ _ ATTEST: " /J~,cs~.~ ~ _ rdinance IVo. 2328-2008 Proposed Rezone ~~~ ~.: ~, ~YY 1 --~~ ~~ r %~R, t ~ If'y ~:~ ~, ~ : s ,, , .. ::~ ; + .. µ T .. ~; `. -_ - r ~-.~~ ~, ~, ~ r r l ~.:° ~~ ;~ ~~ ~ ~ ~ ~ . r,,: . d. ~ ~~~`, _^ ~, re ee'ty o~ 6 KENA~ SKA l0 ! I E 1VI ~ la A l ®T D U 1V I TO: ,~ ayor Porter and the Kenai City Council 1 ROM: ~~~~Cary R Graves, City Attorney DATE: July 31, 2008 RE: Gusty Subdivision Rezone Questions fiom Councilor Molloy Councilor Molloy asked me to research three questions regarding the Gusty Subdivision Rezone (Ordinance 2328-2008). The questions and answers follow. Wince-Corthel-Bryson, Kim Howard and Marilyn Kebschull helped ni providing information for this memo. 1. Question 1. What are the FAA restrictions on use and/or development of property in the aircraft flight path? Answer: i ne Fhfi places development restrictions in the "runway protection zone." Under federal rules,t the use of land in the RPZ for such things as residences, fuel handling and storage facilities, churches, schools, hospitals, office buildings, and shopping centers is prohibited. Other objects or activities that generate smoke or dust, misleading lights or things that create glare or attract wild animals are also not allowed in the RPZ. Automobile parking facilities, although discouraged, are allowed in the RP7 as long as they are located outside the central portion of the RPZ. Pursuant to a 1989 FAA letter to the City of Kenai, seven lots owned by the airport were released for lease (but not sale) on the condition that the leases include a 90-day cancellation ciause.3 That 90-day cancellation clause provides a significant practical limitation upon what development is economically feasible on the property. ~ FAA Advisory Circular 150/5300-] 3 CHG 13, Chapter 2, Sections 2 ] 1 a (8) & (9) and 212 a (2)(a) & (b). z See the February 9, 7989 letter ~fi~om Russell L. Oyster, Manager, Safety and Standards Branch, Av~ports Division, Federal Aviation Administration, to William J. Brighton, Kenai City Manager. 'The seven lots are: Tract A Gusty Subdivision No. 3' Tract B C~usf Subdivision No. 6 Tract Gl._Gus Subdivision No. 7; Lot 1-3, Block 3, Gusty Subdivision No. 4; and Lot 4A, Block 3, Gusty Subdivision No. S. The underlined lots are included in Ordinance 2328-2008. Under FAA rules, the height restriction on Gusty Subdivision (going from North to South) is 32 to 55 feet.4 2. Question 2. Do any of these restrictions apply to this property? Answer: Ordinance 2328-20008 covers three parcels: Tract A, Gusty Subdivision No. 3; Tract B, Gusty Subdivision No. 6; and Tract C-1, Gusty Subdivision No. 7.5 All three parcels are subject to non-sale restriction and any Lease must include a 90-day cancellation clause.6 Of the three Lots hi the ordinance, only Tract C-1, Gusty Subdivision No. 7 is included in the RPZ. It is included in the central portion of the RPZ. The FAA RPZ restrictions on use of property described in Paragraph 1 apply to that lot. 3. Question 3: If FAA restrictions apply to the development of these properties, then considering those restrictions, is there a difference (are there differences) in the potential uses of those lots between the Light Industrial Zone and the Conservation Zone? Answer: The FAA restrictions regarding the use of property in the RPZ apply regardless of zone. Of the three lots in the ordinance, only Tract C-1, Gusty Subdivision No. 7 is included in the RPZ, and thus subject to the FAA use restrictions described in Section 1 above. All three lots are subject to the 90-day cancellation clause regardless of zoning classification. There are, of course, differences in allowed uses between the IL and C zones. I have attached a copy of the Land use table with the differences in uses circled for easier comparison. Please let me Irnow if there are any questions or if any additional information is needed. a That limitation will increase to 49 to 73 feet. s "Iwo of the three lots are leased to James Doyle. Traci G 1, Gusty Subdivision No. 7 is the one ~1ot leased to VIr. Doyle. e See Footnote 2 previous page. 14.22.010 LAND IJSE TABLE KEY: P -Principal Permitted Use C° Conditional Use S =Secondary Usc N = No[ Permitted N079i: I2cferenee footnotes at following pages for addi- tional restricflons L®NING DISTRICTS INDUSTRIAL i.AND USES C RR RRt RS RS] RS2 RU CC CG 1L 1H ED R TSH LC CMU Airports and Related Uses P20 C C C N N C P V P N C N N C Automotive Repair N C C C N N C P P P N N N N P Gas Manufacturer/Storage N N C C N N N N N C9 C° N N N N N iylanafacturing/Fabricating/ AsscmbTy N C ( C C N N C C P P P N C ~ C N C Mini Storage Facility ~ C C C N N C C P P N N N C C Storago Yard N C C C N N C C P P N N N N C Wardtousus N C C C N N C N P P P N C N N N PUI$LIC/ Ita'STITLTIONAL LAND USRS C RR RR'1 RS RSI RS2 RU CC CC IL IH CD R TSH LC CMU Charitablo Institutions C C C C C C P P P P P P C P C P Churchos* C P10 Pp1 Pm P°1 P1° P~0 P~° P~0 C C P Pi0 P P P Clinics C C C C C C C P P P C C C C P P Collegcs* • C C C C C C C P P C C P C C C P Elementary Sehools* ~ C C C C C C C P P C C P C C C~ P Gwemmental Buildings C C C C C C C P P P C P C C P P High Schools* C C C C C C C P P C P C C C P Hospitals' C C ~ C C C C C P P C C C C C P Libraries*' C C C C C C~~ P P C P C P C V Museums C C C C C C ~ C P P P C P C P C ?> Parks and Recreation P C C C C C C P P P P P P P C P Assisted Living C C C C C C C C C C C C C C C C IYIISCELLANE®l1S LAND USES C RR RR7 RS RSl RS2 RU CC CC IL lld ED R. TSH LC CMU Animal 6oardin~' C C C C C N N C C C C N C N C C hoc! and Breakfasts C C C C C C C C C C C N C C C P Cabin Rentals C C C C N N N P P P C N P P C P Comcmrics C C C C N N N N C C N C C N N Cromatories/Funeral Homes N C N C N N C C C C C N C C C C Day Care Ceneers~e C C C C ~ C C C Y P P C C ~ C P P Dormitories/Boarding Houses C C C C C C P P~~ S C P P" C C P P Essential Services P P J' P I P P P P P V P P P P P ~ O P Farming/General Agriculture*** P P N N N ! N N N N P N P N N N Cscenhouses/Tree TJurscries° C C C C C C C P P P C N C ~ C ____ P i ~ P '~ ._._. 293 (Kenai Supp. No. 92, 3-08) 14.22.010 F~'D BJSIE'TA&$&~E kBl' P =Principal Pecmif[od Use NO'CE: RaR~rence foomoCes on following pages for addS- C = Condifionai Usc tional restrictions S =Secondary Use N=Not Permitted t0'Il@S~~F,L,JF:®IlJS ~ LAND USF;S C @tR RRi d2S RSI RS2 62L1 CC CC IL IH GD R TSH 1.C CM9J Cunsmithing, Printing, N C C C i C C C P P P P N C P P P `Caxidertny ~ 4ssemblics" (Large C C C C C C C P'r P" P" P" P" C P *1 P'~ Crrousos, Fairs, E[c) ~ Fratorna; Organizations/ N C C C C C C _ t P P P C N C P C P ~Pnva[e CIubJSocial Halls and Umon Halls Nursing Convelesccnt or N C C C C C C P P C C i C C C C P Rest Homes Parking, Off-Street P P P P P P P Y- P P P P P P P P (Parking, Public Lotsie C C C C C C C C C C C C C C C C Personal Serviccs~s C C C C C C C P P P P C C P P~ P Radio/TV Transmittocs/Cull P P C C C. C C P P P P P C C C~ P~ SiG '" Raacational Vehicle Parks C C C C N N C C C C C N C C N C Subsurface Extraction of C C C C C C C C C ~ C C N C. N N N ,Natural Rcsourccs1° ____- ~ SurPacc Gxtrartion of C C C C N N C N C C~ C N C N 'N N Natural Rosourw5" ~ __ __ _- ___ .J _ Seo 42 USCA Sce. 2000ee (Religious Land Use and ]nsti Ntionaliud Parsons Act of2000) ** See 42 Tolecornmunicetions Act of 199(, Sca 70Q(a) *** See,however,the liroita lions imposed undor KMC310-070 .Footnotes: II. 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 indnstri al which falls under the landscaping/site plans requirements of KN[C 1425 shall include aay secondary uses in b;e landscaping and siea plmrs. i ~2. One (1) single-fatnily residence per parcel, which is part of the main building, 3. Allowed as a conditional use, subject to satisfying the following crosditions: ~, 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 mast be approved by the Commission; c Yards around the site, off-street packing, 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 wilt consrim[e a residential area of sustained desirability and arability; will be in harmony with the etraraeter of the surrounding neighborhood, and will not adversely affect surrounding property values; £ The bui]dings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreafionat and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the nezds of the an-~ ticipated population; h The development shall not produce a vo]'ume of traffic in excoss of the capacity for which the aeoess streets are de- srgned; i- The property adjacent to the proposed dwelling group will not he adversely affected. 14. See `"Pownhovses" section. ~~5. See "Mobile Homes' section. (Kenai Supp. No. 92, 3-OB) 294 14.22.010 -- -- 6, Allowed as a conditional use, subject to `2vlobile Homes" section and provided that any mobile home park meets the mini- mwn Federal Housing Authority requirements. 7. See `Planned Unit Residential DevelopmenP' section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not desk~oy the resi- dential character of the neighborhood 9, Allowed as a conditiooa} use, provided that all applicable. safety and fire regulations aze met S0. Provided that no part of any building is located nearer than thirty (3U) feeC to any adjoining skeet or property line. 11. AOowed as a conditional use, provided that no part of any building is located nearer than thuty (30) feet to any adjoining street or property ]ire and provided fivther that the proposed location and characteristics of Lire nse will not adversely affect, the commercial development of the zone. I 72. Allowed as a conditional use, provided [hat the following conditions are met:. ~ ' a. The proposed location of theuse and the size and eharacteristio of the site will maximize its benefit to the public; b. Exits and entrances and off-street' parking for die use are located to prevent Traffic hazazds on public streets. 13. Allowed as a conditional ttse, provided that setbacks, buffer strips, and other provisions aze adequate to assure that the use, will not be a nuisance to surrounding properties. The Connnission shall specify the conditions necessary to fulfill this re- quirement, 14. Allowed as a conditional use, provided that no iudieafion of said use is evident from the exterior of the mortuary. I S_ Allowed, provided that the followvrg conditions are met: a. An uncleared buffer skip of at }east 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 he located fo prevent traffic hazards on the public streets. 76.. See "Conditional Uses" section. 17. See "Conditional Use Permit for Surface Extraction of Nafira7 Resources" section. 7 8. Conditiooa] Use allowed only on privately held property. Not allowed on government }ands. 19- Deleted by Ordinance 2144-2006. 20. The airporT related uses allowed under this entry are aircraft approach zones per KMC 14.20.670(a), except that forproperties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FM author zed 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 nse in the ED zone. Eor example, housing for teachers or shi- dents for a school in the none. 23. Allowed as an accessory use in cmrjunction ~witu a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational faelliry. 24. Retail businesses allowed as a secondary use in conjunetimr with the prvnary use (e. g.; a gift shop or coffee shop within an- other business). 25. Art studios, barbers, beauticians, dressmakers, dry cleaners and self-s~ewice laundries, fitness centers; photographic studios, tailors, tanning salons and massage therapists. _ 26. Food services are allowed nn a temporary or seasonal basis of not more than four (4) months per year. (Amended during 7-7-99 supplement; Ord. 1862-2000; amended during 12-1-00 Supplement; (girds. 1911- 2001, 1938-2001, 1956-2002, 1962-2002, 1990-2003, 1994-2003, 2053-2004, 2081-2005, 2112-2005, 2113- 2005, 2144-2006, 2152-2006, 2185-2006, 2195-2006; 2246-2007, 22'72-2007) 2 y S (Reny Supp_ No. 92, 3-08)