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HomeMy WebLinkAboutOrdinance No. 2545-2011KENAI. ALASKA Suggested by: Planning Zoning Commission CITY OF KENAI ORDINANCE NO. 2545 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CHAPTER 14.24, "DEVELOPMENT REQUIREMENTS TABLES," OF THE KENAI MUNICIPAL CODE TO CHANGE THE SETBACK REQUIREMENTS ON PROPERTIES WITHIN THE AIRPORT PERIMETER FENCE AND MAKING TECHNICAL CORRECTIONS. WHEREAS, there is limited land available for development in the airport perimeter; and, WHEREAS, development along airport taxiways and the apron is severely restricted by the Building Restriction Line identified in the Airport Layout Plan which line establishes at least a 50 foot setback; and, WHEREAS, development on the airport lands is also governed by the City's fire and building codes as well as by the City Zoning Code, although the development standards of each Code can differ; and, WHEREAS, under the City's fire and building codes, a building can be placed on the lot line, however the setback requirements under the Kenai Zoning Code would require the developer to obtain a variance for a development on a lot line; and, WHEREAS, while a variance would be required to provide an exception to the side setback requirements, these development would not typically qualify for a variance under the standards for issuance of a variance as set out in KMC 14.20.180; and, WHEREAS, these multiple standards tend to restrict development that could otherwise occur safely under the City's building and fire codes and that would otherwise comply with the Airport Layout Plan; and, WHEREAS, by amending the Kenai Zoning Code to provide for an exception to the side setback requirements for development within the airport perimeter fence along taxiways and the apron, this airport land could be developed to the maximum standard provided by the City's fire and building codes; and, WHEREAS, an exception to the side setback requirements for this particular type of land would promote economic development within the airport as the standards are simplified and made more uniform; and, WHEREAS, an amendment to the development requirements table to provide an exception for side setbacks for these lots within the airport perimeter fence would also maintain preservation of the public's safety because these same developments must still meet the requirements of the City's building and fire codes; and, New Text Underlined; [DELETED TEXT BRACKETED] ZONING DISTRICTS USES C/R R RR1 RS.RS1 RS 2 RU /TS H IL /IH /CC /CG /CM U R ED LC MINIMUM LOT WIDTH (feet) 90 90 60 60 60 60 See individual sections of Code for requirements 90 90 90 MINIMUM LOT SIZE (feet) Front Setback 25 25 25 25 25 10 25 25 25 25 Side 15 15 1 5 5 10 15 5 10 15 5 10 15 5 10 15 5 5 5 10 10 10 15 15 15 15 15 15 15 15 15 Setback2, 5 One -Story Daylight Basement/ Split Leve1 Two- Story Rear Setback 20 20 20 20 20 10 10 20 20 20 Maximum Lot Coverage 30% 30% 30 30% 30 40% 30% 30 30 Ordinance No. 2545-2011 Page 2 of 4 WHEREAS, the City of Kenai Planning Zoning Commission held a public hearing on March 9, 2011, and unanimously recommended that the City Council adopt these proposed changes to the City's Code and the Development Requirements Table to provide for the setback exception for side setbacks for airport parcels contained in the airport perimeter fence. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances is hereby amended as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 14.24.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.24.020, General Requirements, is hereby amended to read as follows: Table 14.24.020 IREMENTS TABLE New Text Underlined; [DELETED TEXT BRACKETED] ZONING DISTRICTS USES C/R R RR1 RS RS1 RS 2 RU /TS H IL /IH /CC /CG /CM U R ED LC Maximum 35 35 35 35 35 35 Height (feet 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. (5) Side setbacks for parcels within the airport perimeter fence are not required for parcels along certain airport taxiways and the apron as further set forth in KMC 14.24.030. Ordinance No. 2545 -2011 Page 3 of 4 Section 3. Amendment of Section 14.24.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.24.030, Addendum to development requirements tables, is hereby amended to read as follows: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2545 -2011 Page 4 of 4 14.24.030 Addendum to development requirements tables. [A. [ADDITIONAL REQUIREMENTS. 1. MINIMUM YARDS.] (a) Yards for Corner Lots. The minimum side yard on the street side, or platted right -of -way, or government easement, of a corner lot shall be the same as the minimum front yard required for that zone. The front yard shall be determined as being the area between the main entrance to the building and the street, right -of -way, or government easement. [2. MAXIMUM HEIGHTS.] (b) Height Limitation of Structures Near Airport. All structures in aircraft- approach zones and within eight thousand feet (8,000') of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA- approved Kenai Airport Layout [MASTER] Plan [DRAWINGS WHICH ARE ON FILE AT KENAI CITY HALL]. (c) Side Setback Requirements Within the Airport Perimeter Fence. Parcels contained in the airport perimeter fence situated along aircraft movement areas, ramps, taxiways, or parking aprons are exempt from the side setback requirements of this Title. The Building Restriction Line identified on the Airport Layout Plan must be maintained. Section 4. 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 5. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April, 2011. Ai at. MIK BO LE, r ime MAYOR ATTEST: Caro Freas, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] Introduced: March 16, 2011 Adopted: April 6, 2011 Effective: May 6, 2011 KENAI�ALASKA MEMO: Viffaye with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 -283 -3014 1 11111 1992 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration 's DATE: March 10, 2011 SUBJECT: PZ11-06 Proposed Amendment KMC 14.24 Airport Setbacks Title 14 of the Kenai Municipal Code (KMC), Planning Zoning, regulates development in the City of Kenai. Included in these regulations are building setbacks from property lines. Setbacks are listed in KMC 14.24.020. Prior to May 2010, building setbacks in the commercial /industrial zones were based on building and fire codes. in May of 2010, Ordinance No. 2472 -2010 was adopted requiring building setbacks in all zones. The proposed amendment would provide an exception to side setbacks for airport parcels contained in the airport perimeter fence. This amendment is proposed to provide greater development of airport properties that are already restricted by the Airport Building Restriction Line and building and fire codes. At their January 13 meeting, the Airport Commission reviewed and unanimously recommended the proposed amendment. The Planning Zoning Commission held a public hearing on March 9 and unanimously recommended Council amend the Land Use Table to provide for the exception. e«�of KE AL ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -06 A RESOLUTION OF' THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND CHAPTER 14.24, "DEVELOPMENT REQUIREMENTS TABLES," OF THE KENAI MUNICIPAL CODE TO CHANGE THE SETBACK REQUIREMENTS ON PROPERTIES WITHIN THE AIRPORT PERIMETER FENCE AND MAKING TECHNICAL CORRECTIONS. WHEREAS, there is limited land available for development in the airport perimeter; and, WHEREAS, development along airport taxiways and the apron is severely restricted by the Building Restriction Line identified in the Airport Layout Plan which line establishes at least a 50 foot setback; and, WIIEREAS, development on the airport lands is also governed by the City's fire and building codes as well as by the City Zoning Code, although the development standards of each Code can differ; and, WHEREAS, under the City's fire and building codes, a building can be placed on the lot line, however the setback requirements under the Kenai Zoning Code would require the developer to obtain a variance for a development on a lot line; and, WHEREAS, while a variance would be required to provide an exception to the side setback requirements, these developments would not typically qualify for a variance under the standards for issuance of a variance as set out in KMC 14.20.180; and, WHEREAS, these multiple standards tend to restrict development that could otherwise occur safely under the City's building and fire codes and that would otherwise comply with the Airport Layout Plan; and, WHEREAS, by amending the Kenai Zoning Code to provide for an exception to the side setback requirements for development within the airport perimeter fence along taxiways and the apron, this airport land could be developed to the maxirnum standard provided by the City's fire and building codes; and, WHEREAS, an exception to the side setback requirements for this particular type of land would promote economic development within the airport as the standards are simplified and made more unifoi in, and, WHEREAS, an amendment to the development requirements tables to provide an exception for side setbacks for these lots within the airport perimeter fence would also maintain preservation of the public's safety because these same developments must still meet the requirements of the City's building and fire codes. New Text Underlined [DELETED TEXT BRACKETED] ZONING DISTRICTS USES C /RR RR1 RS RS1 RS2 RU /TSH IL /IH /CC /CG /CMU R ED LC MINIMUM LOT WIDTH (feet) 90 90 60 60 60 60 See individual sections of Code for requirements 90 90 90 MINIMUM LOT SIZE (feet) Front Setback' 25 25 25 25 25 10 25 25 25 25 Side Setback2, 5 15 15 15 5 10 15 5 10 15 5 10 15 5 10 15 5 5 5 10 10 10 15 15 15 15 15 15 15 15 15 One -Story Daylight Basement/ Split Level Two- Story Rear Setback 20 20 20 20 20 10 40% 10 20 30% ®20 30 °/u 30% Maximum Lot Coverage 30% 30% 30% 30% 30% aximum eight (feet) 35 35 35 35 35 35 NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CPTY OF KENAI, ALASKA, AMEND CHARIER 14.24, "DEVELOPMENT REQUIREMENTS TABLES," as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 14.24.020 of the Kenai Municipal Code: The Kenai Municipal Code: The Kenai Municipal Code, Section 14.24.020, General Requirements, is hereby amended to read as follows: Table 14.24.020 DEVELOPMENT REQUIREMENTS TABLE New Text Underlined. DELETED TEXT BRACKETED] ZONING DISTRICTS USES C/RR RR1 RS RS1 RS2 RU /TSH IL /IH /CC /CG /CMU R ED LC 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 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 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 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 feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. (5) Side setbacks for parcels within the airport perimeter fence are not required for parcels along -built its the (3) certain airport taxiways and the apron as further set forth in KMC 14.24.030. Section 3. Amendment of Section 14.24.030 of the Kenai Municipal Code: The Kenai Municipal Code. Section 14.24.030, Addendum to development requirements tables, is hereby amended to read as follows: New Text Underlined [DELETED TEXT BRACKETED] 14.24.030 Addendum to development requirements tables. [A. [ADDITIONAL REQUIREMENTS. 1. MINIMUM YARDS.] (a) Yards for Corner Lots. The minimum side yard on the street side, or platted right -of -way, or government easement, of a corner lot shall be the same as the minimum front yard required for that zone. The front yard shall be determined as being the area between the main entrance to the building and the street, right -of -way, or government easement. [2. MAXIMUM HEIGHTS.] (b) Height Limitation of Structures Near Airport. All structures in aircraft- approach zones and within eight thousand feet (8,0001 of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA approved Kenai Airport Layout [MASTER] Plan [DRAWINGS WHICH ARE ON FILE AT KENAI CITY HALL]. (c) Side Setback Requirements Within the Airport Perimeter Fence. Parcels contained in the airport perimeter fence situated along aircraft movement areas, ramps, taxiways, or parking aprons are exempt from the side setback requirements of this Title. The Building Restriction Line identified on the Airport Layout Plan must be maintained. Section 4. 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 5. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall take effect one month after adoption. Dated at Kenai, Alaska this day of r. -e 2011. Al EST: New Text Underlined [DELETED TEXT BRACKETED[