HomeMy WebLinkAboutOrdinance No. 2784-2014M
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2784 -2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.22.010 — LAND USE TABLE, TO DESIGNATE AIRPORTS AS A CONDITIONAL
USE INSTEAD OF A PERMITTED USE, IN CENTRAL COMMERCIAL, GENERAL
COMMERCIAL, LIGHT INDUSTRIAL AND HEAVY INDUSTRIAL ZONES AND TO
CLARIFY THE INTENDED LAND USE.
WHEREAS, the Kenai Zoning Code, Section 14.22.010, Land Use Table, lists "Airports
and Related Uses" as a Principal Allowed Use in the Central Commercial, General
Commercial, Light Industrial and Heavy Industrial zone districts; and,
WHEREAS, "Airports" are defined in Section 14.20.320 of the Zoning Code but
"Related Uses" are not defined and should be removed from the Land Use Table; and,
WHEREAS, airports can have a widespread impact on surrounding areas; and,
WHEREAS, it is in the best interest of the City of Kenai to protect its citizens from
airport hazards and to promote the health and welfare of its citizens by regulating the
placement and operation of airports within the City limits; and,
WHEREAS, regulating airports in the Central Commercial, General Commercial, Light
Industrial and Heavy Industrial zone districts as Conditional Uses is in the City's best
interest; and,
WHEREAS, On June 25, 2014 the Planning and Zoning Commission held a public
hearing and passed PZ14 -17 Recommending Council Amend the Land Use Table in
KMC 14.22.010 to Provide for Airports as a Conditional Use in the Central
Commercial, General Commercial, Light Industrial and Heavy Industrial Zone Districts
and to Eliminate the Reference to Related Uses in the Use Table.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 14.22.010 of the Kenai Municipal Code: That
Kenai Municipal Code, Section 14.22.010, is hereby amended as follows:
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2784 -2014
Page 2 of 2
KMC 14.22.0 10 LAND USE TABLE
INDUSTRIAL
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Airports
P
C
N
C
N
N
C
C[P]
C[P]
C[P]
C[P]
N
C
N
N
C
[AND RELATED
USES]
Section 3. Severability: That 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: That pursuant to KMC 1.15.0700, this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of August,
2014.
PAT PORTER, MAYOR
ATTEST:
Sandr$r Modigh, City Clerk
Introduced: July 16, 2014
Adopted: August 6, 2014
Effective: September 5, 2014
New Text Underlined; DELETED TEXT BRACKETED]
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MEMORANDUM:
TO: Rick Koch, City Manager
VFROM: Francis Krizmanich, City Planner
DATE: June 26, 2014
SUBJECT: Airports as Conditional Uses in the Industrial and Commercial zones
On June 25, the Planning Commission held a public hearing to amend the zoning code
to list "Airports" as a Conditional Use in the Central Commercial (CC), General
Commercial (CG), Light Industrial (IL) and the Heavy Industrial (IH) zone districts.
"Airports and Related Uses" are currently listed in the Land Use Table, KMC Section
14.22.010, as a Principal Permitted Use in the Central commercial (CC), General
Commercial (CG), Light Industrial (IL) and the Heavy Industrial (IH) zone districts.
As defined in our code, "Airport" means a location where aircraft such as fixed -wing
aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained
at an airport. An airport consists of at least one (1) surface such as a runway for a plane
to take off and land, a helipad, or water for takeoffs and landings, and often includes
buildings such as control towers, hangars and terminal buildings."
Amending the Land Use Table to make airports a Conditional Use in the Central
Commercial, General Commercial and Industrial zone districts would be an appropriate
mechanism to provide for some public safeguards for any new airport development in
these areas.
The Planning Commission agreed that the City can and should regulate airport
development in these zones and that we would use the standard conditional use permit
(CUP) process to accomplish this. As part of that process, we would work with the City
Airport staff, Airport Commission and the FAA as appropriate. Typical conditional use
issues that would be reviewed would include conformance with adopted plans, hours of
operation, lighting, frequency of use, noise, approaches, neighborhood compatibility,
accessory structures, and wildlife impacts.
The staff opinion is that amending the Land Use Table to refer to only Airports and
deleting Related Uses would be appropriate given that Airport is defined in the code;
whereas, Related Uses is not defined.
Deleting the Related Uses wording would allow related uses to occur as they would
otherwise be allowed by other zoning provisions such as Retail, Warehouse, Storage
Yard, etc. without unnecessarily burdening the business community with needless
conditional use reviews for the related uses.
The Land Use Table would be amended as shown below. Underlining denotes code
additions, brackets and capitol letters denote deletions.
KMC 14.20.010 LAND USE TABLE
INDUSTRIAL
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Airports
P
C
N
C
N
N
C
C[P]
C[P]
C[P]
C[P]
N
C
N
N
C
[AND,RELATED
USES]
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ14 -17
AMENDMENT TO THE CC, CG, IL AND IH
ZONE DISTRICTS TO PERMIT AIRPORTS AS A
CONDITIONAL USE
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THE AMENDMENT OF THE
LAND USE TABLE IN KMC 14.22.010 TO PROVIDE FOR AIRPORTS AS A
CONDITIONAL USE IN THE CENTRAL COMMERCIAL, GENERAL COMMERCIAL,
LIGHT INDUSTRIAL AND HEAVY INDUSTRIAL ZONE DISTRICTS AND TO ELIMINATE
THE REFERENCE TO RELATED USES IN THE USE TABLE.
WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and,
WHEREAS, the Kenai Zoning Code Land Use Table currently lists "Airports and Related
Uses" as a Principal Allowed Use in the Central Commercial, General Commercial,
Light Industrial and Heavy Industrial zone districts; and,
WHEREAS, it is in the best interest of the City of Kenai and its' citizens safety to
regulate the establishment and placement of airports within the City's boundaries.
NOW, THEREFORE, IT IS RECOMMENDED TO THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the City of Kenai Code of Ordinances, KMC 14.22.010, Land Use
Table, be amended to require "Airports" to be listed as Conditional Uses in the Central
Commercial, General Commercial, Light Industrial and Heavy Industrial zone districts,
and that "and Related Uses" be deleted from the "Airports and Related Uses "" listing in
the Land Use Table as shown in Attachment "A ".
PASSED BY THE PLANNING AND ZONING COMMISSION O 7 THE CITY OF KENAI,
ALASKA, this 25TH day of June, 2014. ( \
t ,
ATTEST: Jeff alt, CHAIRMAN
S(njaYW(:rdigK, CITY CLERK
Attachment A
KMC 14.20.010 LAND USE TABLE
INDUSTRIAL C RR RR7 RS RS1 RS2 RU CC CG IL IH ED R TSH
Airports IP IC IN IC IN
RELATED USES]
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