HomeMy WebLinkAboutOrdinance No. 2472-2010(hec y �f
KENA ALASKA
CITY OF KENAI
ORDINANCE NO. 2472 -2010
Suggested by: Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, MAKING
CORRECTIVE AMENDMENTS TO THE DEVELOPMENT REQUIREMENTS TABLE IN
KMC 14.24.020 PROVIDING FOR REAR SETBACKS OF TEN (10) FEET IN THE LIGHT
INDUSTRIAL (IL), HEAVY INDUSTRIAL (IH), CENTRAL COMMERCIAL (CC), GENERAL
COMMERCIAL (CG), AND CENTRAL MIXED USE ZONES (CMU).
WHEREAS, the City of Kenai Zoning Code has a Development Requirement Table in
KMC 14.24.020; and,
WHEREAS, Ordinance No. 2381 -2009, passed by Council on the February 18, 2009,
provided for amendments to the Development Requirements Table and established
front yard setback requirements of 25 feet and rear and side yard setback
requirements of ten (10) feet for lands in the for commercial, industrial and the central
mixed use zones (IL /IH /CC /CG /CMU); and,
WHEREAS, the attachment to Ordinance No. 2381 -2009 depicting the Development
Requirements Table failed to include the rear setback requirements as established in
the statement of intent in the Ordinance; and,
WHEREAS, a corrective ordinance is required in order to fix the omission of the rear
setback requirement in the Development Requirements Table; and,
WHEREAS, because the rear setback standard of ten (10) feet has been enforced since
the effective date of Ordinance No. 2381 -2009, and because this Ordinance is
corrective in nature to effectuate the Council's clear intent in Ordinance No. 2381-
2009, it is the express intent of the council that the setback standard should apply
retroactive to March 18, 2009, the effective date of Ordinance No. 2381 -2009.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 14.24.020 (Development Requirements Table) be amended as
shown in Attachment "A."
PASSED BY THE COUNCIL OF THE CITY OF ENAI, KA, this seventh day of
April, 2010.
PAT PO TER, MAYOR
A 1`1'EST:
Carol L. Freas, City Clerk
New Text Underlined [DELETED TEXT BRACKETED]
Introduced: March 17, 2010
Adopted: April 7, 2010
Effective: May 7, 2010
ZONING DISTRICTS
USES
C /RR
RRI
RS
RSI
RS2
RU /FSH
IL /III/CC /CG /CMU
R
ED
LC
MINIMUM LOT
90
90
60
60
60
60
See individual sections of
90
90
90
WIDTH (feet)
Code for requirements
MINIMUM LOT
SIZE (feet)
Front'
25
25
25
i 25
25
10
25
25
25
25
Side`
One Story'
15
5
5
5
5
5
10
15
15
15
Daylight Basement/
15
10
10
10
10
5
I0
15
15
15
Split Level
Two-Story'
15
15
15
15
15
5
10
15
15
15
Rear
20
20
20
20
20
10
10
20
20
20
Maximum Lot
30%
30%
30%
30%
30%
40%
30%
30%
30%
Coverage
Maximum Height
(feet)
35
35
35
35
35
35
Footnotes:
(1) Provided that the minimum front setback is measured from any right -of -way or access easement.
(2) Side setbacks are determined independently from the front view of the structure. Plot plan /As -built will distinguish single and two
story portions of building to verify setback distances are met
(3) Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the
ceiling or roof above.
One -story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated
below a one -story is considered a one -story structure in its entirety.
Two -story is defined as one -story plus more than one-half (1/2) the height of the lower story all situated above grade.
Daylight basement/split level is defined as one -story plus less than one -half (1/2) the height of the lower story all situated above grade.
For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the
building and a line five (5) feet from the building.
(4) Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen
(14) feet for each side yard and nineteen (19) feet for the rear yard.
Ordinance No. 2472 -2010
Attachment "A"
Chapter 14.24
Table 14.24.020
DEVELOPMENT REQUIREMENTS TABLE
the of
KENAI, ALASKA
MEMO:
TO: Mayor Porter and Councilors 1)
FROM: Krista S. Stearns, City Attorney
DATE: Marchl1, 2010
RE: Ordinance 2472 -10
'Village with a Past, Gc y with a Future'
1992
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 283 -7535 FAX: 907 283 -3014
In your packet is proposed Ordinance 2472 -10. This ordinance corrects an
omission in Ordinance 2381 -2009 regarding setback requirements in the industrial,
commercial, and central mixed use zoning districts. The 2009 ordinance
established front yard setbacks of 25 feet, and side and rear yard setbacks of 10
feet, in those districts. This intent was clearly established in the body of the 2009
ordinance; however, due to an oversight, only recently discovered, the rear setback
was not set out in the Development Requirements Table depicting the setbacks and
attached to the ordinance. The side and front setback requirements were properly
depicted on the Development Requirements Table.
Although the oversight is akin to a scrivener's error, procedurally, a corrective
ordinance is necessary to remedy the error. Notwithstanding, the Council's intent
was clear in the ordinance and the rear setback requirement has been enforced
since the 2009 ordinance. Accordingly, I have proposed that this ordinance
include an express statement that it apply retroactively.
Because this correction mirrors P &Z's recommendation to council in 2009 to
establish a setback of 10 feet in those zoning Districts, and because Council
accepted that recommendation when it adopted Ordinance 2381 -2009, this
ordinance has not been presented of the Planning Zoning commission. The
omission was in the nature of a simple scrivener's error, wherein the rear setback
requirements were not typed in the attachment as adopted and set forth in the
original ordinance. Procedurally, I believe a corrective amendment ordinance is
necessary.
Council. memo Ord. 247210 rearsetback amendment