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HomeMy WebLinkAboutResolution No. PZ2013-09CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13 -09 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING THAT KENAI CITY COUNCIL AMEND THE KENAI MUNICIPAL SECTION 14.24.020, GENERAL REQUIREMENTS - DEVELOPMENT REQUIREMENTS TABLE, BY ALTERING SETBACK REQUIREMENTS FOR RESIDENTIAL USES AND MERGING KENAI MUNICIPAL SECTION 14.24.030, ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES, INTO KMC 14.24.020 AND DELETING KMC 14.24.030 FOR PURPOSES OF CLARITY. WHEREAS, the Development Requirement Table in KMC 14.24.020, General requirements, requires twenty -five foot (25') front setbacks for all zoning districts except RU /TSH; and, WHEREAS, changing the front setback requirements from twenty -five (25) to twenty- foot (20') front setbacks will provide for greater utilization of property while continuing to protect the integrity of zoning districts to provide adequate light, air, and privacy while protecting the City's interest in health and safety and aesthetics; and, WHEREAS, changing the front setback requirements to twenty-foot (20') will also provide for consistency in setback requirements between the City, Kenai Peninsula Borough and the City of Soldotna; and, WHEREAS, KMC 14.20.200, Accessory structures, allows for certain accessory structures to be within ten -feet (10') of the front lot line; and, WHEREAS, accessory structures should be kept back at least twenty-feet (20') from the front property line to maintain health and safety and aesthetic interests of the City, especially when site distance on corner lots is an issue; and, WHEREAS, KMC 14.20.200, Accessory structures, also allows for certain accessory structures to be within three -feet (3') of a side or rear property line however the City's building code requires these structures to be kept five -feet (6) from the lot lines; and, WHEREAS KMC 14.20.200, Accessory structures should be further amended to provide consistency with the City's building code; and, WHEREAS, both KMC 14.24.020 and KMC 14.24.030 provide similar requirements regarding setbacks; and, WHEREAS, combining the setback requirements into one code section will provide clarity and eliminate potential confusion. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ13 -09 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: That the City of Kenai Planning and Zoning Commission recommends Council adopt amendments to Kenai Municipal Code section 14.24.020, General Requirements — Development Requirements Table by altering setback requirements for residential uses and merging Kenai Municipal Code section 14.24.030, Addendum to Development Requirements Tables, into Kenai Municipal Code section 14.24.020 and deleting Kenai Municipal Code section 14.24.030 for purposes of clarity as follows: 14.24.020 General requirements. Table 14.24.020 DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICTS USES C /RR But RS HSI RS2 RU /TSH IL /IH/CC /CG /CMU R ED LC MINIMUM LOT 90 90 60 60 60 60 See individual sections 90 90 90 WIDTH (feet) of Code for requirements MINIMUM LOT SIZE (feet) Front Setback' 2[5]0 2[5]0 2[5]0 2[5]0 2[5]0 10 2[5]0 2[5]0 2[510 2[5]0 Side Setback''' OneStory, 15 15 5 5 5 5 l0 15 15 15 Daylight Basement/ 15 15 10 10 10 5 10 15 15 15 Split Level' Two-Story" 15 15. 15 15 15 5' 10 15 15 15 Rear Setback 20 20 20 20 20 104 10 20 20 20 Maximum Lot 30% 30% 30% 30% 30% 40% 30% 30% 30% Coverage Maximum Height 35 35 35 35 35 35 (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] based on the primary vehicular access (FRONT VIEW] of the structure. Plot plan/as -built will distinguish single and two -story portions of building to verify setback distances we 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 baseme m /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 situated alone aircraft movement areas ramos 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. FARE NOT REQUIRED FOR PARCELS ALONG CERTAIN AIRPORT TAXIWAYS AND THE APRON AS FURTHER SET FORTH IN KMC 14.24.030.1 (6) All structures in aircraft - approach zones and within eight thousand feet (8,000') of the main runway shall be subiect to hei ht ]imitation on the basis of obstruction criteria as shown on the current FAA - approved Kenai Aimort Layout Plan New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ13 -09 14.20.200 ACCESSORY STRUCTURES. (a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: [(1) IN AN RR AND RS ZONE, THE MINIMUM FRONT YARD SETBACK FOR AN UNOCCUPIED ATTACHED OR DETACHED GARAGE OR CARPORT SHALL BE TEN FEET (10') ;] ([2]1) Covered but unenclosed passenger landings, or storage sheds of not more than one hundred twenty (120) square feet and not more than one (1) story in height may extend into either side yard or rear yard, but such structure shall not be closer than [THREE] five feet ([3]5') to an adjoining lot; ([3]2) Covered but unenclosed passenger landings, or storage sheds of not more than two hundred (200) square feet, with no side or end longer than sixteen (16) feet, and not more than one (1) story in height may extend into the rear yard, but such structure shall not be closer than five feet (5') to the rear lot line; ([4]3) Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required side or rear yard except within [THREE] five feet ([3]5') of any lot line; [([5]) UNENCLOSED OUTSIDE STAIRWAYS, FIRE ESCAPES, PORCHES, OR LANDING PLACES AS WELL AS CORNICES, CANOPIES, EAVES, AND OTHER SIMILAR ARCHITECTURAL FEATURES NOT PROVIDING ADDITIONAL FLOOR SPACE MAY EXTEND INTO A REQUIRED FRONT YARD EXCEPT WITHIN TEN FEET (10') OF ANY LOT LINE;] ([6]4) A detached accessory building may be permitted to occupy a rear yard; provided that, not more than one -third (1/3) of the total area of such rear yard shall be so occupied. Except as provided in KMC 14.20.200(a)([2]1) and KMC 14.20.200(a)([3]2), setbacks, per development tables, must be maintained if structure requires a building permit; ([7]5) For purposes of this section one (1) story in height is a maximum of twelve feet (12') high as measured from the ground to the highest point of the subject structure roof. [14.24.030 ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES. (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. (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 PLAN. (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 New Text Underlined; [DELETED TEXT Resolution PZ13 -09 SIDE SETBACK REQUIREMENTS OF THIS TITLE. THE BUILDING RESTRICTION LINE IDENTIFIED ON THE AIRPORT LAYOUT PLAN MUST BE MAINTAINED. 1 Dated a CHAIR ATTES' 2013. New Test Underlined; [DELETED TEXT BRACKETED]