MEMORANDUM

TO: William Popp, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: Grace Merkes, Assembly Member

DATE: May 16, 2000

SUBJECT: Proposed amendment to Ordinance 2000-02 (Substitute)

Local Option Zoning

As discussed during the last assembly meeting, I plan to propose the following three amendments to the local option zoning ordinance, 2000-02.

1. The first amendment would reduce the number of lots necessary to create an industrial district to either six lots or one lot with a minimum size of five acres. My reason for doing this is to increase the flexibility of this ordinance so that a smaller group of industrial property owners may be able to regulate themselves as an industrial area. The 5-acre parcel, which includes buffers to protect neighboring parcels, may be necessary for potential or existing industrial uses. Currently, there are few, if any, areas in my district containing twelve contiguous industrial-use lots. This amendment would also change the width of the forested buffer between the Industrial District and other local option districts.

The motion will read as follows:

I move to amend Ordinance 2000-02 (Substitute) as follows:

Amend KPB 21.44.040(A).

A. Except as otherwise provided, [T]the minimum area that may be included in a local option zoning district is 12 lots. The minimum area that may be included in a local option zoning district in an industrial district as described in KPB 21.44.200 is either six lots or one lot with a minimum size of five acres. Three-fourths of the parcels within the proposed district must be of the average size prevailing within the proposed district. However, districts with disparate parcel sizes may be formed where 100 percent of the parcels vote in favor of the district. Lots and parcels in a petition area must be contiguous or separated only by a street, alley, right-of-way, or easement. Petitioners shall coordinate with the Planning Department to designate appropriate districts.

Also amend KPB 21.44.200(B)(5) as follows:

5. Buffers. To provide for screening, aesthetics, and the reduction of surface water run-off, no lot shall be clear-cut more than 75 percent of the total lot area except that trees may be selectively pruned and thinned, and dead and diseased trees which are a safety hazard or which threaten structures may be removed. Undergrowth may be removed provided that the area is promptly re-seeded or sodded. A forested buffer of at least 30 feet shall be retained between the building site and the common drive or roadway, and a forested buffer of at least [50] 30 feet shall be retained between the Industrial and other local option zoning districts. This section does not require revegetation of a buffer area that was cleared before the formation date of the local option zoning district.

2. The second proposed amendment would add a new option which is identical to the existing mixed-use district (C-3) but which would also allow light and heavy industrial uses. This would provide the additional option and greater flexibility for those areas which contain industrial, commercial, residential, and other uses. Although this does not impose many conditions, it contains some minimal restrictions that people may prefer to impose.

The motion will read as follows:

I move to amend Ordinance 2000-02 (Substitute) by adding a new section KPB 21.44.195, Industrial Mixed Use District (C-4).

21.44.195 Industrial Mixed Use District (C-4)

A. Permitted Principal Uses: Light and/or heavy industrial land uses, [C]commercial, business, residential, institutional and public uses are permitted in this district.

B. Permitted Secondary Uses: Secondary uses allowed in the C-3 zone are uses permitted in R-1 and R-M districts.

C. Development Standards. Development standards apply to principle and accessory structures.

1. Setbacks. Setbacks shall be 30 feet from the front yard line, 20 feet from the rear yard line, 15 feet from the side yard lines, and 100 feet from the shore.

2. Minimum lot size. Minimum lot size shall be 40,000 square feet.

3. Drainage Ways. Existing natural drainage ways shall be retained.

4. Buffers. A forested buffer of at least 20 feet shall be retained between the building site and the roadway. This section does not require revegetation of a buffer area that was cleared before the formation date of the local option zoning district.