MEMORANDUM

KENAI PENINSULA BOROUGH

LEGAL DEPARTMENT

144 N. Binkley Street Tel. (907) 262-8609

Soldotna, Alaska 99669 Fax (907) 262-8686

TO: Ronald Wm. Drathman, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: Jack Brown, Assembly Member

DATE: December 22, 1998

SUBJECT: Residential subdivision district

The residential subdivision district ordinance protects subdivisions which are primarily comprised of lots which are two acres or smaller in size. Typically, subdivisions with lots of this size have been subject to residential development in the borough. Most developed parcels of sizes two acres or less are subject to residential use in the borough. (See Attachment A.) The 1992 comprehensive plan reflects that 22 percent of the borough's tax parcels are occupied for residential uses as compared to only 2 percent each occupied for commercial and industrial uses with the remaining developed parcels being subject to various uses including agriculture, timber harvest, gravel pits, parking lots, and public buildings.

The standards in the ordinance are aimed at protecting the residential character of subdivisions by requiring permits for commercial uses. The ordinance is intended to regulate noise, buffers, traffic, safety, and property values. There are specific standards and conditions set forth in the ordinance aimed at retaining the residential character of subdivisions; however, the permit may be denied if placing conditions on a particular commercial use cannot bring it in conformance with the residential nature of the neighborhood. The burden is on the applicant to show that he can meet the standards of the ordinance, and granting the permit cannot be detrimental to the residential character of the subdivision.

Home occupation type uses are exempt from the ordinance even though they may be commercial operations. For example, occupations such as small day cares, home offices, telecommuting, and telephone sales would be exempt from the ordinance. Other commercial uses which do not generate traffic to the lot and allow the home to retain its residential character to an outside observer are exempt from the ordinance. All other commercial businesses would require a permit in order to operate within a residential subdivision. Some commercial uses require a permit regardless of size because they are always inherently inconsistent with residential use. These uses include but are not limited to bars, auto repair shops, and all industrial uses.

By necessity there are certain exemptions from the ordinance. For example, subdivisions which have already been developed with predominantly commercial or industrial uses are exempt from the ordinance. Further, if a subdivider intends the subdivision to be an industrial park or similar type development, he can request an exemption from the ordinance at time of preliminary plat approval. Further, lots which abut arterial roads, such as K-Beach and the Kenai Spur Highway, are exempt from acquiring a permit since the trend for these lots is commercial or industrial; however, while the lots abutting arterial roads are exempt from the provisions of the ordinance, the lots located behind those abutting the road are often residential and are not exempt from the ordinance. A subdivision may opt out of the residential subdivision district if the owners of 100% of the lots request the exemption or the owners of over 50 percent of the lots in the subdivision request the exemption, and the area is predominately commercial or industrial. Since a number of commercial businesses are already located throughout the borough, a grandfather clause is included which would protect these businesses as long as they don't cease operations for more than two years.

DATA EXCLUDES PARCELS WITHIN THE CITIES OF KENAI, SOLDOTNA,

SEWARD, SELDOVIA, HOMER AND KACHEMAK

PARCELS 2 ACRES AND SMALLER GROUPED BY EXISTING USE:

ACCESSORY BUILDING 520

APARTMENT 3

CHURCH 38

COMMERCIAL 443

FARM/AGRICULTURE 18

GRAVEL PIT 19

INDUSTRIAL 148

INSTITUTION 43

MOBILE HOME 1374

MOBILE HOME PARK 13

PARKING LOT 15

RECREATIONAL/CABIN 1491

RESIDENTIAL 5751

SCHOOL 13

TIDELANDS 201

TIMBER HARVEST 4

VACANT 17109

This information was compiled by the GIS Division of the Kenai Peninsula Borough Planning Department on December 22, 1998.

Attachment A