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HomeMy WebLinkAboutOrdinance No. 2414-2009~/~/~ _-. \\ ~,~~~tyof// KENA~ SKA Suggested by: Administration CITE' ®F I{ENAI ®RDIIVANCE PF®. 2414-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAS ,AMENDING THE LAND USE TABLE IN KMC 14.22.010 FOR THE LIMITED C MERCIAL ZONE /T (`\ RY LISTIN(: `x7HT(`H PERSONAL SRRVTC'`RC REQUIRE CO .._ITT(1NAi. USE ~~~~ PERMITS (C) AND WHICH ARE PRINCIPAL PERMITTED US S (P). WHEREAS, the City of Kenai Zoning Code has a Land U e Table in KMC 14.22.010; and, WHEREAS, the Land Use Table contains a catego for "Personal Services"; and, WHEREAS, the term "Personal Services" inclu es a variety of activity such as barbers, fitness centers, massage therapists, tannin alons; and, WHEREAS, in the LC Zone some persondl services should be allowed as a principal permitted use (P) while others should ~ allowed as a conditional use (C); and, WHEREAS, it is in the best interest f the citizens of the City of Kenai to amend the Land Use Table in KMC 14.22.01 to define better define personal services and provide which of them are allow d as a conditional use (C) and which are allowed as a principai permitted use (P). NOW, THEREFORE, BE IT RDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Mun Tpa1 Code 14.22.010 is hereby amended as shown on Attachment A. PASSED BY THE COiCJNCIL OF THE CITY OF KENAI, ALASKA, this third day of June, 2009. ~ PAT PORTER, MAYOR ATTEST: Carol L/Freas, City Clerk Introduced: May 20, 2009 Adopted: June 3, 2009 Effective: July, 3, 2009 New Text,Underlii2ed; [DELETED'I'EXT BRACI~'rED] Ordinance No. 2414-2009 Attachment "A" 14.22.OL0 Land use Iabde. LAND U5E TABLE KEY: P=Principal Permitted Use C =Conditional Use S =Secondary Use N =Not Permitted Page 7 of 4 NOTE: Reference footnotes on following pages for nddifionfll res[ricXionS ZONING DISTRICTS RESIDENTIAL, ~ LAND USES C RR RRl RS RSl RS2 RU CC CG II, IH ~ FD R TSH LC ' CMU One Family Dwellntg C's P P P P P P P'~ S' Sz S~ C'z P P P S'/C~' Two/Three Family Dwelling C's P P P P P P P'~ S' C: C C''r P P P S'/Ca' Four Family Dwelling C'x P C' P N N P Pr~ $' C C C'a N P C S'/C~' Five/Six Family UweOing C's C' N P N N P P" 5' C C A N N P C S'/C~' Seven or Ma'o Famfly ;Dwelling C'" C' N C' i N j N P P" S~ C C. N ~ N; P C' S'ICK' =Townhouses" C~ C C I C C C C C C 1 C C C" i C C S C C Mobile Home Parksb N C C C C C C C S C C- C N C N N C Planned Uni[Residential Development' C~s C C C = : C ' C C C C C C N C C C 1 C COMMERC]AL LAND USES C RR ~ RRI RS RB1 RS2 RU CC CG I IL IH 1 ED R TSH LC CMU Automotive Sales N C C N N N C P P P P N N N N P Automotive Service Stations N C C N N N C P P P P N C N N P Banks N C C C N N C P P P C N C C C P I Business/Consumer Services N C C C N N C ~ P ~ P P C N C C C P '. '. 'Guide Service ~ N i C C C N N C P P~ P i P N P P C P '.. Hotels/Motels i N C C C i N N C P P P i C N C P C P I Lodge N C C C N N C A P P P C N P P ~ C P~ Professional Offices N C C C N N P j P ! P P P i N ~ C P P P 4 Restaurants N ! C C C N f N C P P i P C A C C ~ C P Ketail B smess--~ ! v'' ~ C C C ~ N N C; P P P i P 4'" S'a C C' P Wholesale Business ~ N C C C N N C C P P P N S'4 C C N Theaters/Commeroial N C C C N N C P P C C N P C C P Ordinance No. 24] 4-2009 Attachment "A" Page 2 of 4 LAND USE TABLE I{IlY_ P=Principal Pern~itaad Use C`=CLnddional Usa S =Secondary Use N ° Not Permitted NOTE: Reference faofiotes on fallowing pages for additional reshictions ZONIN(, DISTRICTS INDUSTRIAL ! LAND USES C RR ~ RR1 RS RS1 I2S2 RU CC i CG IL I}I CD R TSA LC 4 CMU Airports and Related Uses P20 C C i C N N C P Y P P N C N N I C Automotive Repair N C C ~ C N N C ~ P ~ P Y P N~ N N C P Gas Manufacturer/Storage N N C C N N N N N C° C' N N N N N Manufacturing/Fabricating/ Assembly N C C C N N C C P P P N C C N C Mini-Storage Facility N C C C N N C C P P P N N N C C Storage Yxrd ti C j C C N N C C P P P N j N N N ~ C Warehouses N C C C N N C ~ N P P P N C N U N PUBLIC/ INSTITUTIONAL ~ L:1RD USCS C: IER RRl RS I2S! RS2 R[' CC CG II, ~ IH IsD R 'I'SII ~ LC ; CMU (Charitable Institutions C C C C C C P P P I P P - P ~~~ f C P ~ C [ P Churches` C Pro ( Pia Pia Pia Pro Pia ~ Pm Pm ~ C C Y ~P~O P P P Cliniw C C C C C C. C P P P C C C C P P Colleges C C C C C C: C P P C C P C C C P Elementary Schools" C C C C C C. C P P C C P C C C P Clovemmental 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 I C C P C C ~ C~ P ifiospitals* C C C C C C C ! P P ; P C C C C S C I P 'Libraries° C C C C ( C C C~' P P ~ P C _ P~ .__. C L_._. P .___ C P Museums C C C C C C C P P P ~ C Y C P C P Patls mid Recreafion 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 4 C C C f C 4 C I C MISCELLANEOUS j I I ' j L,4ND USI,S C RR RR1 RS ~ ]251 RS2 RU CC CG ~ IL IH ED ~ R TSH LC 'CMU Animal Boarding" C C C C C ~ N N C C C C N C At C C Bed mid B~nakfasts 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 Y Cemeteries C C C C'. N iN N ti C C C'. N C C N N Crematories/Funeral Homes N C N C N ~ N C C C C C N; C C j C ~ C Day Care Centers" C C C C C C i C P P P C C C C P P Dormitories/Boarding Houses C C C ~ ~ C C ~~~ C - P ~ P~' i S I C P~ ~ P" C C C P Essential Servioes Fanning/General Agricultura*~"* I P i P P P P ` N ( P N ~ ~ P N E ~ N N ~ P N i ` P ~ N P N P ~ P I P h P P t P ~ n ! P ~ N i P i i N ~.. ~, Greenhouses/Tree Nurseries" C C C C C I C I C P p ~ p I C N C ~ C ~ C ' P Ordinance No. 2414-2009 Attachment "A" Page 3 of 4 14.22.010 LAND USE TABLE I{EY: P=Principal Permitted Use C=Conditional Use S= 5econday lise N =Not Permitted NOTE: Referencefootno[es on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS ~ j LAND USES C RR RRI RS I2S1 RS2 RU CC CG IL F IF7 ED R TSH i hC CMII Gunsmithing Punting N C C C C C C P P P 4 P N C P P P 'Taxidermy f Assemhlies's (Large: C C C C C C C P'- P" P" i P" P" C P ( N P" Circuses, Pairs, 8tc.) j Fraternal Organizations/ N C C C C C C P P P C N C P C P Private Cluhs/Soeial Halls and Union Halls Nursing, Convalescent or N C ~ C C --~ C ~ t; ~ (; P P C C ~ C i C ~ C C P Rest Homes i Parking, OfP-Street P j P ~ P Y i i P .- P P P i P P P P A P P P -~~ ~ P Parking, Public Lots~~ C j C C C C ~ C C C i C C C C i C C C ~ C Personal Services's C C C C C C C ~ P P P P C C P" [Ce'] P P/Cv Radio/TV Transmitters/Cell P P C C C C C P P P P Y C C C f Sites** Recreational Vehicle Parks C C C C N N C C C C C N C~ C N C Suhsurfaw Extraction of C C C C C C C C: C C C N C N N 13 Natural Resources~b Surface Extraction of C C C C N N C N C C C N C N N N Natural Resources" ' See 42 USCA Sec. 2000cc (Religious Land Use and Instinrtiomalized Persons Act of 2000) *'~ See 42 'Lelecommmtications Act of 1996, Sec. 704{a) °~`* See, however, [he limitations imposed under 1{MC 3.10.070 Footnotes: ]. 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 Q)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 aroa must be approved by the Commission; i c. Yards around the site, o8=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 Che requirements of all applicable health regulations; e. "Che 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, ands recreational and community activi4ies; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs oP Che anticipated population; h. The development shat l not produce a volume of [raft c 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 afrected. 4. See "Fowrhouses"section. 5. See "Mobile Homes" section. Ordinance No. 2414-2009 Attachment "A" Page 4 of 4 6. Allowed as' a conditional use, subject tp "Mobile Idomes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirernenis. 7. See °Plauned Unit Residential Development" section. 8. Allowed as a conditional use, provided That thc proposed location and thc characteristics of the site will not destroy Ute 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 [hirtq (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 fLrther that the proposed location and characteristics of the use will noC adversely a~ffeet thc eotnmercial 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 Che use are located to prevent traffic hazards on public sheets. 13. AIlowcd as a conditional use, provided ffiat setbacks, buffer strips, and other provisions are adequate to assure that t'he use will not be a nuisance to sun~ounding properties. The Conunission shall specify the conditions necessary to fulfill this requirefnent. 7 A. Allowed as a conditional use, provided [hat no indication of said use is evident from the exterior of the mortuary. I5. Allowed, provided that the following conditions are meC: 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 llte use shalt be located to prevent haffic hazards on the public sbrzts. 16. Sec "Conditional Uses" Becton. 17. See "Conditional Use Permit for Surface F,xtraction of Natural Resources" section. 18. Conditional Use allowed only on privately held property. Not allowed on govermnent lands. 19. Deleted by Ordinance 2144-?006. Z0. The airport related uses allowed under this entry are airerafi~ approach zones per KMC t420.070(a), except that for properties contained inside the airport perimeter fence or having access fo airerafr movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. 21. Developments for use shall be the same as those listed in Che "Development Requn~ementa "fable" for the RU/TSH zones. Z2. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or shidenfs for a school in Che zone. 23. Allowed as an accessory use in conjunction with a permitted use in the Ell zone. I'or example, a dormitory used to house students for a school or educational facility. ?4. 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. 26. Food services are allowed on a femporary or seasonal basis of not more than four (4) months per year. 27. Limited Commercial Zone Personal Services Permitted P 'Conditional Use C ArC Studios X __ Barbers _______ _ ~ _ X Beauticians X ~~ Dressmakers X Dry Cleaners ______ __ _ X Self-Service Laundries X Fitness Centers X Massa:;e Therapist X ~''. Photoeraphic Studios X ______ '' 'tailors X _ ____ Tanning Salons , -i Tattoo Parlors j X - X Personal Services not set forth in the above matrix are conditional uses. _ ~/ theu~uf // KENAI~ SKA I~CIVI~J: "V `flake wit,Li a Past Gi`ty wit~i a Fr~tc~re" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 .~„ Telephone: 907-283-7535 /FAX: 907-283-3014 ~~~''~ 7992 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: May 13, 2009 SUBJECT: Reconsideration of Personal Services -Limited Commercial Zone Administration has prepared an ordinance for the Planning & Zoning Commission to reconsider their recommendation requiring Conditional Use Permits for all Personal Services in the Limited Commercial Zone. This recommendation is being made after considering public testimony during the Commission and Council meetings, further consideration of the type of business and possible impacts including traffic, hours of operation, types of consumers, etc. The ordinance proposes that some professional services be permitted uses and some require conditional use permits. The following table shows the suggested changes: Limited Commercial Zone Personal Services _ Permitted Conditional Use 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 A public hearing is scheduled before the Planning & Zoning Commission for May 27`h so that Council will have the Commission's recommendation prior to the Council's public hearing on June 3rd.