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Home My WebLink AboutOrdinance No. 2612-2012Ike c■'i, KENA ALASKA Sponsored by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 2612 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING SECTION 14.20.145, "RECREATION ZONE (R)," TO INCORPORATE CHANGES TO THE LAND USE TABLE (KMC 14.22.010) REGARDING THIS ZONING DISTRICT FOR PURPOSES OF CONSISTENCY AND TO MAKE FORMAT CHANGES FOR PURPOSES OF UNIFORMITY WITHIN THE KENAI ZONING CODE, KMC 14.20. WHEREAS, Kenai Municipal Code sections 14.20.145, "Recreation Zone," and 14.22.010, "Land Use Table," each identify peliuitted principal uses and structures, permitted accessory uses and structures, and conditional uses and structures within the Recreation Zone and the uses identified in each of these Code sections should be identical; and, WHEREAS, because the Council adopted changes to the Land Use Table that affected the Recreation Zone and because those changes were not at the same time carried over and reflected by amendment to section 14.20.145, these Code sections are inconsistent; and, WHEREAS, section 14.20.145 should be amended to correct this inadvertent inconsistency and by making this amendment, KMC 14.20.145 will reflect the most recent determinations of the City Council with respect to allowed uses in the Recreation Zone; and, WHEREAS, it is also desirable to update the format of section 14.20.145 to create uniformity in KMC 14.20 in the way zoning districts are described and to prevent future inadvertent inconsistencies that could arise when land use standards in other parts of the Code (Land Use Table, Development Requirements Table, parking requirements, etcetera) are amended; and, WHEREAS, the Planning and Zoning Commission, through its Resolution No. PZ12- 03, recommends that the Council amend the Kenai Municipal Code as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of section 14.20.145 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.145, Recreation Zone (R), is hereby amended as follows: 14.20.145 Recreation Zone (R). New Text. Underlined; DELETED TEXT BRACKETED] Ordinance No. 2612 -2012 Page 2 of 3 (a) Intent: The Recreation Zone (R) is intended to contain both public and private lands to be utilized for commercial and non - commercial recreation and residential purposes. Lands designated for this district should be evaluated for long -term public benefits to accrue from the protection offered by this designation. (b) Permitted Principal Uses [AND STRUCTURES]: As allowed in Land Use Table. [(1) BALL FIELDS; (2) EXERCISE TRAILS AND FACILITIES; (3) PARKS AND PLAYGROUNDS; (4) PICNIC FACILITIES; (5) RECREATION FACILITIES, SHELTERS, BATHHOUSES; (6) RECREATION CABINS; (7) SINGLE - FAMILY AND DUPLEX RESIDENCES; (8) TRAILS; (9) VISUAL CORRIDORS AND VIEWPOINTS; (10) WATERSHEDS; (11) BUNKHOUSES AND LODGES; (12) CHARTER OR GUIDING SERVICES.] (c) [PERMITTED ACCESSORY USES AND STRUCTURES: (1) BOARDWALKS; (2) PARKING -NOT TO INCLUDE LARGE TRUCKS OR TRAILER VANS; (3) ESSENTIAL SERVICES (AS DEFINED IN KMC 14.20.320(B); (4) WATCHMAN OR CARETAKER DWELLING.] [(D)] Conditional Uses and Structures: As allowed in Land Use Table and subject to the provisions of this chapter. [(1) BOAT HARBORS, DOCKS, WHARVES, LAUNCHING RAMPS; (2) FUEL FACILITIES FOR RIVER BOAT TRAFFIC; (3) CONVENIENCE OR GROCERY OUTLETS; (4) MARINAS, INCLUDING BOAT RENTALS; (5) AQUACULTURE; (6) CHARTER OR GUIDING SERVICES; (7) RV PARKS; (8) MULTI - FAMILY UNITS; (9) HOTELS, BED AND BREAKFASTS; (10)RESTAURANTS.] fJ. Accessory Uses. As defined (see Definitions). (e) [PROHIBITED USES AND STRUCTURES: ANY USE OR STRUCTURE NOT OF A CHARACTER INDICATED UNDER PERMITTED PRINCIPAL USE OR CONDITIONAL USE SHALL BE PROHIBITED.] Home Occupations. Uses as allowed by this chapter. (f) [MINIMUM LOT REQUIREMENTS: SHALL FOLLOW THE REQUIREMENTS FOR THE RURAL RESIDENTIAL (RR).] Development Requirements. As described in Development Requirements Table. (g) [REQUIRED OFF - STREET PARKING AND LOADING: ADEQUATE OFF - STREET PARKING AND LOADING SHALL BE PROVIDED IN CONNECTION WITH ANY PERMITTED USE IN ACCORDANCE WITH THE PROVISIONS OF KMC 14.20.250.] Parking Requirements. As required by this chapter. New Text Underlined' [DELETED TEXT BRACKETED] Ordinance No. 2612 -2012 Page 3 of 3 (h) Signs: Signs may be allowed in conformance with KMC 14.20.220. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant effect one month after adoption. PASS rD BY THE COUNCIL OF THE ''./✓( .._ , 2012. ATTEST: Sandra Itradigh Ci ° Clerk to KMC 1.15.070(f), this ordinance shall take CITY OF KENAI, ALASKA, this ° day of ( : PAT PORTER, MAYOR Introduced: March 7, 2012 Adopted: March 21, 2012 Effective: April 21, 2012 New Text Uncle ed; [DELETED TEXT BRACKETED) e KENAI ALASKA Villa" with a Past, Gi with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 I I I IL1 MEMO: TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: February 24, 2012 SUBJECT: Ordinance No . 2612 -2012 - An Ordinance Of The Council Of The City Of Kenai, Alaska, Amending Section 14.20.145, "Recreation Zone (1?)," To Incorporate Changes To The Land Use Table (KMC 14.22.010) Regarding This Zoning District For Purposes Of Consistency And To Make Format Changes For Purposes Of Uniformity Within The Kenai Zoning Code, KMC 14.20. The Planning & Zoning Commission is recommending an amendment to KMC 14.20.145 — Recreation Zone. While researching the City code, administration discovered that this section of the code was in the original format and was not consistent with other sections of the code including the other zones and the Land Use Table (KMC 14.22.0I0.) The proposed amendment is considered a housekeeping measure and if approved would not amend any uses within the zone or the development requirements for the Recreation Zone. 1992 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -03 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND SECTION 14.20.145, "RECREATION ZONE (R)," TO INCORPORATE CHANGES TO THE LAND USE TABLE (KMC 14.22.010) REGARDING THIS ZONING DISTRICT FOR PURPOSES OF CONSISTENCY AND TO MAKE FORMAT CHANGES FOR PURPOSES OF UNIFORMITY WITHIN THE KENAI ZONING CODE, KMC 14.20. WHEREAS, Kenai Municipal Code sections 14.20.145, "Recreation Zone," and 14.22.010, "Land Use Table," each identify permitted principal uses and structures, permitted accessory uses and structures, and conditional uses and structures within the Recreation Zone and the uses identified in each of these Code sections should be identical; and, WHEREAS, because the Council adopted changes to the Land Use Table that affected the Recreation Zone and because those changes were not at the same time carried over and reflected by amendment to section 14.20.145, these Code sections are inconsistent; and, WHEREAS, section 14.20.145 should be amended to correct this inadvertent inconsistency and by making this amendment, KMC 14.20.145 will reflect the most recent determinations of the City Council with respect to allowed uses in the Recreation Zone; and, WHEREAS, it is also desirable to update the format of section 14.20.145 to create uniformity in KMC 14.20 in the way zoning districts are described and to prevent future inadvertent inconsistencies that could arise when land use standards in other parts of the Code (Land Use Table, Development Requirements Table, parking requirements, etcetera) are amended; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of section 14.20.145 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.145, Recreation Zone (R), is hereby amended as follows: 14.20.145 Recreation Zone (R). New Text Underlined; (DELETED TEXT BRACKETED] Resolution PZ2012 -03 Page 2 of 3 (a) Intent: The Recreation Zone (R) is intended to contain both public and private lands to be utilized for commercial and non - commercial recreation and residential purposes. Lands designated for this district should be evaluated for long -term public benefits to accrue from the protection offered by this designation. (b) Permitted Principal Uses [AND STRUCTURES]: As allowed in Land Use Table. [(1) BALL FIELDS; (2) EXERCISE TRAILS AND FACILITIES; (3) PARKS AND PLAYGROUNDS; (4) PICNIC FACILITIES; (5) RECREATION FACILITIES, SHELTERS, BATHHOUSES; (6) RECREATION CABINS; (7) SINGLE - FAMILY AND DUPLEX RESIDENCES; (8) TRAILS. (9) VISUAL CORRIDORS AND VIEWPOINTS; (10) WATERSHEDS; (11) BUNKHOUSES AND LODGES; (12) CHARTER OR GUIDING SERVICES.] (c) [PERMITTED ACCESSORY USES AND STRUCTURES: (1) BOARDWALKS; (2) PARKING -NOT TO INCLUDE LARGE TRUCKS OR TRAILER VANS; (3) ESSENTIAL SERVICES (AS DEFINED IN KMC 14.20.320(B); (4) WATCHMAN OR CARETAKER DWELLING.] [(D)] Conditional Uses and Structures: As allowed in Land Use Table and subject to the provisions of this chapter. [(1)BOATHARBORS, DOCKS, WHARVES, LAUNCHING RAMPS; (2) FUEL FACILITIES FOR RIVER BOAT TRAFFIC; (3) CONVENIENCE OR GROCERY OUTLETS; (4) MARINAS, INCLUDING BOAT RENTALS; (5) AQUACULTURE; (6) CHARTER OR GUIDING SERVICES; (7) RV PARKS; (8) MULTI - FAMILY UNITS; (9) HOTELS, BED AND BREAKFASTS; (10)RESTAURANTS.] j� Accessory Uses. As defined (see Definitions). (e) [PROHIBITED USES AND STRUCTURES: ANY USE OR STRUCTURE NOT OF A CHARACTER INDICATED UNDER PERMITTED PRINCIPAL USE OR CONDITIONAL USE SHALL BE PROHIBITED.] Home Occupations. Uses as allowed by this chapter. (i) [MINIMUM LOT REQUIREMENTS: SHALL FOLLOW THE REQUIREMENTS FOR THE RURAL RESIDENTIAL (RR).] Development Requirements. As described in Development Requirements Table. (g) [REQUIRED OFF - STREET PARKING AND LOADING: ADEQUATE OFF - STREET PARKING AND LOADING SHALL BE PROVIDED IN CONNECTION WITH ANY PERMrl'1'ED USE IN ACCORDANCE WITH THE PROVISIONS OF KMC 14.20.250.] Parking Requirements. As required by this chapter. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ2012 -03 Page 3 of 3 (h) Signs: Signs may be allowed in conformance with KMC 14.20.220. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. Dated at Kenai, Alaska this °.� day of tcO,^ ry 2012 CHAT Ail '1'ES'1'1 : ---11 New Text Underlined. [DELETED TEXT BRACKETED]