HomeMy WebLinkAboutOrdinance No. 2546-2011KENAI, ALASKA
Sponsored by: Council Member Molloy
CITY OF KENAI
ORDINANCE NO. 2546 -2011
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.22.010, LAND USE TABLE, TO MAKE COMPREHENSIVE CHANGES TO THE
USES ALLOWED IN THE RURAL RESIDENTIAL RR -1 ZONING DISTRICT, INCLUDING
CHANGING MANY "CONDITIONAL USES" TO USES "NOT PERMITTED," AND
PROVIDING FOR CERTAIN "CONDITIONAL USES" FOR PROPERTIES ALONG THE
KENAI SPUR HIGHWAY WITHIN THE RR -1 ZONING DISTRICT.
WHEREAS, there are two (2) areas in the City of Kenai that are zoned as Rural
Residential RR -1 Zoning Districts ( "RR -1 Zoning District "), which are the Three W's
Subdivision and the area generally known as the "MAPS Area;" and,
WHEREAS, in 1985, the residents of the MAPS Area desired to have the MAPS Area re-
zoned from the Rural Residential (RR) and Suburban Residential (RS) Zoning Districts
to the RR -1 Zoning District, and the City of Kenai re -zoned the MAPS Area to the RR -1
Zoning District; and,
WHEREAS, in 1986, the residents of the Three Ws Subdivision desired to have the
Three Ws Subdivision re -zoned from the Rural Residential (RR) Zoning District to the
RR -1 Zoning District, and the City of Kenai re -zoned the Three Ws Subdivision to the
RR -1 Zoning District; and,
WHEREAS, historically, residents of these areas in the RR -1 Zoning District have been
actively engaged in zoning issues and processes affecting their neighborhoods,
expressing their desire to maintain the development of their neighborhoods as low -
density, residential development that creates a stable and attractive residential
environment; and,
WHEREAS, residents of these areas in the RR -1 Zoning District have expressed
significant concerns about the presently - allowable types of land uses that are
permitted or that are conditional uses in their neighborhoods under the current Land
Use Table for the RR -1 Zoning District; and,
WHEREAS, residents of these areas in the RR -1 Zoning District have made
presentations to the Kenai City Council, the Planning and Zoning Commission and the
Administration regarding their concerns and their proposed solutions to their
concerns; and,
WHEREAS, residents of these areas in the RR -1 Zoning District desired to work
collaboratively with the City of Kenai through the public process to amend the land
use table in order to promote the residential character of their neighborhoods, as
follows:
Protect against incompatible land uses;
Ordinance No. 2546 -2011
Page 2 of 14
Preserve low- density residential development;
Prevent land uses that generate heavy traffic; and
Support a stable and predictable setting for future investment; and,
WHEREAS, amending KMC 14.22.010, Land Use Table, to make comprehensive
changes to the uses allowed in the RR -1 Zoning District, including changing many
"conditional uses" to "not permitted," and providing for certain conditional uses for
properties along the Kenai Spur Highway within the RR -1 Zoning District, will meet
the specific intent of the RR -1 Zoning District and promote the residential character of
Three Ws Subdivision and the MAPS Area; and,
WHEREAS, at its meeting on April 6, 2011, the City Council heard public comment on
this ordinance during unscheduled public comment, and through written public
comment, and introduced this ordinance; and
WHEREAS, at its meeting on April 6, 2011, the City Council also postponed the
Council's public hearing on Ordinance No. 2546 -2011 until the May 18, 2011 Council
meeting, and referred this ordinance to the Planning and Zoning Commission with
directions to hold a work session and a public hearing on Ordinance No. 2546 -2011,
and then to return the ordinance to the City Council prior to its May 18, 2011 Council
meeting with the Commission's recommendations; and,
WHEREAS, at its meeting on April 27, 2011, the Planning and Zoning Commission
held work a session on this ordinance during which the public was invited to
comment; and,
WHEREAS, at its regular meeting on April 27, 2011, after its work session, the
Planning and Zoning Commission voted not to schedule a public hearing on this
ordinance; and Ordinance No. 2546 -2011 was returned to the City Council without
recommendations from the Planning and Zoning Commission; and,
WHEREAS, at its meeting on May 18, 2011, the City Council held its first public
hearing on this ordinance and heard public comments, including the comments of
four (4) Commissioners of the Planning and Zoning Commission, a letter from the
Chair of the Planning and Zoning Commission, a petition of the public supporting this
ordinance, and additional written comments; and,
WHEREAS, at its meeting on May 18, 2011, the City Council postponed Ordinance No.
2546 -2011 until its August 17, 2011 Council meeting in order to provide for a second
public hearing, and again referred Ordinance No. 2546 -2011 to the Planning and
Zoning Commission with directions to the Commission to schedule and to hold a work
session or work sessions, to schedule and hold a public hearing, and to return the
ordinance to Council with the Commission's recommendations for the August 17,
2011 Council meeting; and,
WHEREAS, at its meetings on June 22, July 13, and July 27, 2011, the Planning and
Zoning Commission held additional work sessions on this ordinance during which the
public was invited to comment; and,
Ordinance No. 2546 -2011
Page 3 of 14
WHEREAS, at its meeting on August 10, 2011, the Planning and Zoning Commission
held a public hearing on Ordinance No. 2546 -2011 and considered Planning and
Zoning Commission Resolution No. PZ11 -30 "A Resolution of the Kenai Planning and
Zoning Commission Recommending Kenai City Council Amend Kenai Municipal Code
14.22.010, Land Use Table, To Make Comprehensive Changes To The Uses Allowed In
the Rural Residential RR -1 Zoning District," and heard public comments on this
ordinance and that resolution; and,
WHEREAS, at its meeting on August 10, 2011, the Planning and Zoning Commission
elected to make no recommendations to the City Council on Ordinance No. 2546-
2011; and, instead, the Commission voted to postpone Commission Resolution No.
PZ11 -30 until the Commission determined that it is prepared to make
recommendations to the City Council; and,
WHEREAS, Ordinance No. 2546-2011 was returned to the City Council without
recommendations from the Planning and Zoning Commission; and on August 15,
2011, the City Council held a work session on this ordinance, during which the public
was invited to comment; and;
WHEREAS, at its August 17, 2011 meeting, the City Council held another public
hearing on this ordinance, including a public hearing on Substitute Ordinance No.
2546 -2011; and the City Council postponed action on the ordinance and substitute
until the September 7, 2011 Council meeting so that the City Council would receive
the Commission's recommendations for the September 7, 2011 Council meeting; and,
WHEREAS, at its meetings on August 16, 2011 and on August 24, 2011, the Planning
and Zoning Commission held additional work sessions during which the public was
invited to comment on amendments to the Land Use Table for all residential zones,
including the RR -1 Zoning District; and,
WHEREAS, at its meeting on August 24, 2011, the Planning and Zoning Commission
reconsidered its postponement of Commission Resolution No. PZ11 -30, and voted to
hold a public hearing on Commission Resolution No. PZ11 -30 at a special meeting on
August 30, 2011; and,
WHEREAS, at its special meeting on August 30, 2011, the Planning and Zoning
Commission held a public hearing on Commission Resolution No. PZ11 -30, and voted
to approve an amended Commission Resolution No. PZ11 -30, which included the
Commission's recommendations to the City Council on Ordinance No. 2546 -2011 and
Substitute Ordinance No. 2546 -2011; and,
WHEREAS, at its September 7, 2011 meeting, the City Council considered all of the
public comment, the Commission's amended Resolution No. PZ11 -30 and the
Commission's recommendations to the City Council on Ordinance No. 2546 -2011 and
Ordinance No. 2546 -2011 Substitute; and,
Ordinance No. 2546 -2011
Page 4 of 14
WHEREAS, it is in the best interests of the City of Kenai to amend the Land Use Table
in KMC 14.22.010 to make comprehensive changes to the uses allowed in the RR -1
Zoning District, including changing many "conditional uses" to not permitted," and
providing for certain conditional uses for properties along the Kenai Spur Highway
within the RR -1 Zoning District;
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 the Kenai Municipal Code, KMC 14.22.010: The City of
Kenai Municipal Code 14.22.010, Land Use Table, is hereby amended as shown on
Attachment A to this ordinance.
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.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of
September, 2011.
ATTEST:
Corene Hall, Deputy City Clerk
PAT PORTER, MAYOR
Introduced: April 6, 2011
P &ZC Work Session: April 27, 2011
Council Public Hearing: May 18, 2011
Ordinance No. 2546 -2011
Page 5 of 14
P &ZC Work Session: June 22, 2011
P &ZC Work Session: July 13, 2011
P &ZC Work Session: July 27, 2011
P &ZC Public Hearing: August 10, 2011
Council Work Session: August 15, 2011
Council Public Hearing: August 17, 2011
P &ZC Work Session: August 16, 2011
P &ZC Work Session: August 24, 2011
P &ZC Special Meeting: August 30, 2011
Adopted: September 7, 2011
Effective: October 7, 2011
Ordinance No. 2546 -2011
Page 6 of 14
14.22.010 Land use table.
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on
following pages for additional
restrictions
ZONING DISTRICTS
RESIDENTIAL
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
One Family Dwelling
Clap
p
pp
p
p
P21
S1
S2
S2
022
P
P
P
S1 /C21
Two /Three Family
Dwelling
C18
P
P
PP
PP
P21
31
C
C
022
P
P
P
31 /021
Four Family Dwelling
018
P
03,
29
P
N
NP
P21
31
C
C
022
N
P
C
S1 /021
Five /Six Family
Dwelling
C18
C3
N
P
N
N
P
p21
S1
C
C
N
N
P
C
S1/C21
Seven or More Family
Dwelling
C18
C3
N
C3
N
N
P
P21
31
0
0
N
N
P
C
S1 /021
Townhouses4
C18
C
[C]
C3
29
C
C
C
00000022000
C
Mobile Home Parks6
N
C
[C]
N
C
C
C
C
C
C C
C
N
C
N N
C
Planned Unit
Residential
Development?
C18
C
[C]
C29
C
C
C
C C
C C
C
N
C
C C
C
COMMERCIAL
LAND USES
C
RR
RR1
RS
RS 1
RS2
RILCC
CG IL
IH
ED
R
TSH LC
CMU
Automotive Sales
N
C
[C]
N
N
N
N
C
P
P P
P
N
N
N N
P
Automotive Service
Stations
N
C
[C]
N
N
N
N
C
P
P P
P N
C
N N
P
Banks
N
C
[C]
N
C
N
N
C
P
P P I C N
C
C C
P
Business /Consumer
Services
N
C
[C]
N
C
N
N
C
P
P P
C N
C
C C
P
Guide Service
N
C
[C]
N
C
N
N
C
P
P P
P N
P
P C
P
Hotels /Motels
N
C
[C]
C
N
N
C
P
P P
C. N
C
P C
P
Ordinance No. 2546 -2011
Page 7 of 14
N
Lodge
N
C
[C]
N
C
N
N
C
P
P
P
C
N
P
P
C
P
Professional O f f i c e s
N
C
[C]
C29
C
N
N
P
P
P
P
P
N
C
P
P
P
Restaurants
N
C
[C]
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Retail Business
N260
[C]
N
C
N
N
C
P
P
P
P
S24
S24
C
C
P
Wholesale Business
N
C
[C]
N
C
N
N
C
C
P
P
P
N
S24
C
C
N
Theaters /Commercial
Recreation
N
C
[C]
N
C
N
N
C
P
P
C
C
N
P
C
C
P
Ordinance No. 2546 -2011
Page 8 of 14
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on
following pages for additional
restrictions
ZONING DISTRICTS
INDUSTRIAL
LAND USES
C
RR
RRI
RS
RS
1
RS
2
RU
CC
CG
IL
IH
ED
R
TSB
L
C
CMU
Airports and
Related Uses
P20
C
[C]
N
C
N
N
C
P
P
P
P
N
C
N
N
C
Automotive Repair
N
C
[C]
N
C
N
N
C
P
P
P
P
N
N
N
N
P
Gas Manufacturer /Storage
N N
[C]
N
C
N
N
N
N
N
C9
C9
N
N
N
N
N
Manufacturing /Fabricating/
Assembly
N C
[C]
N
C
N
N
CC
P
P
P
N
C
C
N
C
Mini- Storage Facility
NC
ICJ
N
I C
N
N
C
C
P
P
P
N
1 N
N
C
C
Storage Yard
N C
[C]
N
C
N
N
C
C
P
P
P
N
N
N
N
C
Warehouses
N C
[C]
N
C
N
N
C
N
P
P
P
N
C
N
N
N
PUBLIC/
INSTITUTIONAL
LAND USES
C RR
RR11RS
RS1
RS2
RU
CC
CG
IL 1IH
ED
R
TSH
LC
CMU
Charitable Institutions
C C
[C]
029
C
C
C
P
P
P
P
P
P
C
P
C
P
Churches*
C p10
p10
pio
pio
p10
pio
pm
pa)
C
C
P
p10
p
p
p
Clinics
C C
[C]
N
C
C
C
C
P
P
P
C
C
C
C
P
P
Colleges*
C! C
[C]
029
C
C
C
C
P
P
C
C
P
C
C
C
P
Elementary Schools*
C C
[C]
029
C
C
C
C
P
P
C
C
P
C
C
C
P
Governmental Buildings IC C
[C]
C29
C
C
C
C
P
P
P
C
P
C
C
P
P
High Schools*
C C
[C]
029
C
C
C
C
P
P
C
C
P
C
C
C
P
Ordinance No. 2546 -2011
Page 9 of 14
Hospitals*
C
C
[C]
N
C
C
C
C
P
P
P
C
C
C
C
C
P
Libraries*
C
C
[C]
C29
C
C
C
C12
P
P
P
C
P
C
P
C
P
Museums
C
C
[C]
C29
C
C
C
C
P
P
P
C
P
C
P
C
P
Parks and Recreation
P
C
[C]
0`29
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
MISCELLANEOUS
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
III
ED
R
TSH
LC
CMU
Animal Boarding1s
C
C
[C]
N
C
C
N
N
C
C
C
C
N
C
N
C
C
Bed and Breakfasts
C C
C
C
C
C
C
C
C
C
C
N
C
C
C
P
Cabin Rentals
C C
[C]
N
C
N
N
N
P
P
P
C
N
P
P
C
P
Cemeteries
C C
[C]
N
C
N
NNN
C
C
C
N
C
C
N
N
Crematories /Funeral Homes
N C
N
C
N
N
0
0
0
C
0
N
C
C
C
C
Day Care Centers12
C C
[C]
029
C
C
C
C
P
P
P
C
C
C
C
P
P
Dormitories /Boarding
Houses
C C
[C]
N
C
C
C
P
P21
S
C
P
P23
C
C
C
P
Essential Services
P P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Farming /General
Agriculture * **
P P
N
N
N
N
N
N
N
N
P
N
P
N
N
N
Greenhouses /Tree
Nurseries13
C C
[C]
N
C
C
C
C
P
P
P
C
N
C
C C
P
Gunsmithing, Printing,
Taxidermy
N C
[C]
N
C
C
C
C
P
P
P
P
N
C
P P
P
Assembliesls (Large.
Circuses, Fairs, Etc.)
C C
[C]
N
C
C
C
C
P15
p15
p15
p15
p15
C
P N
P15
Fraternal Organizations/
Private Clubs /Social Halls
and Union Halls
N C
[C]
N
C
C
C
C
P
P
P
C
N
C
P C
P
Nursing, Convalescent or
Rest Homes
N C
[C]
N
C
C
C
C
P
P
C
C
C
C
C C
P
Parking, Off - Street
P P
P
P
P
P
P
P
P
P
P
P
P
P; P
P
Parking, Public Lots12
C C
[C]
N
C
C
C
C
C
C
C
C
C
C
C C
C
Ordinance No. 2546 -2011
Page 10 of 14
Personal Services25
C
C
[C]
N
C
C
C
C
P
P
P
P
C
C
P
P/
027
P
Communications Towers &
Antenna(s), Radio /TV
Transmitters /Cell Sites ** 28
P
C
[C]
N
C
C
C
C
P
P
P
P
P
C
C
C
C
Recreational Vehicle Parks
C
C
[C]
N
C
N
N
0
0
0
0
0
N
C
C
N
C
Subsurface Extraction of
Natural Resources16
0
0
0
0
0
CC
C
C
C
C
N
C
N
N
N
Surface Extraction of
Natural Resources17
C
C
[C]
N
C
N
N
C
N
C
C
C
N
C
N
N
N
See 42 USCA Sec. 2000cc (Religious Land Use and
** See 42 Telecommunications Act of 1996, Sec.
* ** See, however, the limitations imposed under
Footnotes:
1. Allowed as a secondary use except on the
fronting on collector streets and major highways.
under the landscaping /site plans requirements
secondary uses in the landscaping and site
2. One (1) single - family residence per parcel,
3. Allowed as a conditional use, subject to satisfying
a. The usable area per dwelling unit shall
units in the RS zone;
b. The site square footage in area must
c. Yards around the site, off - street parking,
shall be the same as for principal uses
d. Water and sewer facilities shall meet
regulations;
e. The proposed dwelling group will constitute
desirability and stability; will be in ha
surrounding neighborhood, and will
values;
f. The buildings shall be used only for
accessory uses, such as garages, storage
community activities;
g. There shall be provided, as part of the
recreation areas to serve the needs of
h. The development shall not produce
for which the access streets are designed;
i. The property adjacent to the proposed
affected.
Institutionalized
704(a)
KMC
ground
plans.
which
be
be approved
in
the
Persons Act of 2000)
3.10.070
floor of the part of the building
Commercial or industrial which falls
of KMC 14.25 shall include any
is part of the main building.
the following conditions:
the same as that required for dwelling
by the Commission;
and other development requirements
the RR zone;
requirements of all applicable health
a residential area of sustained
with the character of the
affect surrounding property
purposes and customary
spaces, and recreational and
development, adequate
anticipated population;
of traffic in excess of the capacity
group will not be adversely
uiony
not adversely
residential
proposed
the
a volume
dwelling
Ordinance No. 2546 -2011
Page 11 of 14
4. See "Townhouses" section.
5. See "Mobile Homes" section.
6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any
mobile home park meets the minimum Federal Housing Authority requirements.
7. See "Planned Unit Residential Development" section.
8. Allowed as a conditional use, provided that the proposed location and the
characteristics of the site will not destroy the 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 thirty (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 further that
the proposed location and characteristics of the use will not adversely affect the
commercial 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 the use are located to prevent
traffic hazards on public streets.
13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions
are adequate to assure that the use will not be a nuisance to surrounding properties.
The Commission shall specify the conditions necessary to fulfill this requirement.
14. Allowed as a conditional use, provided that no indication of said use is evident from the
exterior of the mortuary.
15. Allowed, provided that the following conditions are met:
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 the use shall be located to prevent traffic
hazards on the public streets.
Ordinance No. 2546 -2011
Page 12 of 14
16. See "Conditional Uses" section.
17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
18. Conditional Use allowed only on privately held property. Not allowed on government
lands.
19. Deleted by Ordinance 2144 -2006.
20. The airport related uses allowed under this entry are aircraft approach zones per KMC
14.20.070(a), except that for properties contained inside the airport perimeter fence or
having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA
authorized 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 use in the ED zone. For
example, housing for teachers or students for a school in the zone.
23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For
example, a dormitory used to house students for a school or educational facility.
24. 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, tattoo parlors, dressmakers, dry cleaners and self -
service laundries, fitness centers, photographic studios, tailors, tanning salons and
massage therapists.
26. Food services are allowed on a temporary or seasonal basis of not more than four (4)
months per year.
27.
Ordinance No. 2546 -2011
Page 13 of 14
Limited Commercial Zone
Personal
Services
Permitted(P)
Conditional Use(C)
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
Ordinance No. 2546 -2011
Page 14 of 14
28.
29.
Personal services not set forth in the above matrix are conditional uses.
Communications tower /antenna(s) allowed as a principal permitted (P) use if the
applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the
applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met.
Use allowed only for those parcels that abut the Kenai Spur Highway. The access to
any such parcel must be either from (a) driveway access on the Kenai Spur Highway, or
(b) driveway access from a dedicated right -of -way and that driveway access is not more
than 275 feet as measured from the constructed centerline of the Kenai Spur Highway
to the center of the driveway access as shown on an as -built drawing /survey of the
parcel.