HomeMy WebLinkAboutOrdinance No. 2855-2015CITY OF KENAI
ORDINANCE NO. 2855 -2015
Sponsored by: City Manager
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE
OFFICIAL KENAI ZONING MAP BY REZONING TRACTS A -1 & A -2, EVERGREEN TRACT
A RESUB; (PARCEL NUMBERS 04314102, 04314 10 1) FROM RURAL RESIDENTIAL (RR)
TO GENERAL COMMERCIAL (CG).
WHEREAS, the City of Kenai as owner of the subject parcels initiated a request to rezone
the parcels; and,
WHEREAS, Kenai Municipal Code Section 14.20.270(b)(1)(c) provides that the request
may be submitted by the property owner in the area to be rezoned; and,
WHEREAS, Kenai Municipal Code Section 14.20.270 describes the amendment
procedures and initiation of Zoning Code and Official Map Amendments; and
WHEREAS, the City of Kenai as owner of the subject parcels has requested to rezone
the parcels from Rural Residential (RR) to General Commercial (CG); and,
WHEREAS, the subject parcels are currently zoned Rural Residential (RR); and,
WHEREAS, the legal descriptions are Tracts A -1 & A -2, Evergreen Tract A Resub; and,
WHEREAS, the parcel addresses are 207 Evergreen Street & 12848 Kenai Spur
Highway; and,
WHEREAS, the Kenai Peninsula Borough parcel numbers are 04314102 and 04314101;
and,
WHEREAS, Kenai Municipal Code Section 14.20.080 states that the intent of the Rural
Residential Zone (RR) is "to provide for low density residential development in outlying
and rural areas in a form which creates a stable and attractive residential environment';
and,
WHEREAS, Kenai Municipal Code Section 14.20.120 states that the intent of the
General Commercial Zone is "to provide for areas where a broad range of retail,
wholesale, and service establishments is desirable. Uses are regulated to concentrate
commercial development to the greatest extent possible and to prevent any uses, which
would have an adverse effect upon nearby properties. New single - and two (2) family
residential uses and other noncommercial uses, except as otherwise provided in this
chapter, are not permitted in this zone as principal uses because it is intended that land
classified in this zone be reserved for commercial purposes, and because a commercial
zone is not suited to the uses excluded above "; and,
WHEREAS, the 2003 Comprehensive Plan classifies the land use designation of the
subject parcels as Neighborhood Residential District; and,
Ordinance No. 2855 -2015
Page 2 of 3
WHEREAS, the 2003 Comprehensive Plan defines Neighborhood Residential District as
°single - family and multi - family residential areas that are urban or suburban in
character. Typically, public water and sewer services are in place or planned for
installation. This land use district may include both single - family and multi - family
dwellings subject to reasonable density transitions and /or design compatibility. Formal
public outdoor spaces (parks) are a critical feature in this district. Small home -based
businesses may be accommodated within certain design guidelines. Neighborhood
institutional uses such as churches, schools, and day care facilities may be intermixed
if they comply with neighborhood design guidelines "; and,
WHEREAS, the 2003 Comprehensive Plan defines Neighborhood Commercial areas as
"areas along the arterial road system that are suitable for small -scale neighborhood-
serving retail, service and office uses "; and,
WHEREAS, the 2003 Comprehensive Plan discusses the opportunities and challenges
for existing and future commercial use in the City; and,
WHEREAS, the 2003 Comprehensive Plan provides policy guidelines to consider when
zoning land for commercial uses including, whether there is adequate access to collector
or arterial level streets, adequate public services, whether the zoning will minimize
potential conflicts with adjacent non - commercial uses through site design, landscaping,
or other appropriate measures; and,
WHEREAS, Tracts A -1 & A -2 are located off Evergreen Street and Kenai Spur Highway,
which provides adequate access to the parcels; are served by City water and sewer; and
would separate proposed commercial uses from existing residential uses through site
design and landscaping; and,
WHEREAS, the proposed rezone would enlarge the existing Neighborhood Commercial
Use and result in a General Commercial zone abutting a Suburban Residential zone
which is consistent with parcels east of Evergreen Street and along the Kenai Spur
Highway; and,
WHEREAS, the rezone meets the requirements of Kenai Municipal Code Section
14.20.270; and,
WHEREAS, rezoning the subject parcels to General Commercial (CG) will require
amending the 2003 Comprehensive Plan Land Use Designation from Neighborhood
Residential to Neighborhood Commercial to maintain consistency; and,
WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on
Attachment A to the General Commercial Zone (CG); and,
WHEREAS, on August 26, 2015, the Kenai Planning and Zoning Commission voted
unanimously to rezone the subject parcels to General Commercial.
Ordinance No. 2855 -2015
Page 3 of 3
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that,
Section 1. Form: That this is a non -code ordinance.
Section 2. Amendment of the City of Kenai Official Zoning Man: The Official Kenai
Zoning Map is amended by rezoning the subject parcels shown on
Attachment A from Rural Residential (RR) to General Commercial (CG).
Section 3. Severabili ty: 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 Kenai Municipal Code Section
1.15.070(f), this Ordinance shall take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of October,
2015.
ATTEST-
Q�
PAT PORTER, MAYOR
Introduced: September 16, 2015
Adopted: October 7, 2015
Effective: November 7, 2015
Rural Residential
Surburban Residential
Suburban Residential 1
General Commercial
Recreational
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Attachment A F <'> a
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Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 992
MEMORANDUM:
TO: Rick Koch, City Manager
FROM: Matt Kelley, City Planner
DATE: September 10, 2015
SUBJECT: Ordinance No. 2855 -2015 — Amending the Official Zoning Map by
Rezoning, Tracts A -1 & A -2, Evergreen Tract A Resub from Rural
Residential (RR) to General Commercial (CG)
The purpose of this communication is to introduce Ordinance No. 2855 -2015; Amending the
Official Zoning Map by Rezoning, Tracts A -1 & A -2, Evergreen Tract A Resub from Rural
Residential (RR) to General Commercial (CG).
On August 26, 2015, the City of Kenai Planning and Zoning Commission by Resolution
approved the recommendation to the Council of the City of Kenai that the petition rezoning of
the above subject parcels be approved.
Kenai Municipal Code (KMC) Section 14.20.270 describes the amendment procedures by which
a rezoning petition may be considered. Section 2 states, "Amendments to the Official Zoning
Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre
(excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district
boundary." As shown on Attachment A, the subject parcel is zoned Rural Residential and is
adjacent to the General Commercial zone. Tract A -1 is approximately 3.02 acres and Tract A -2
is approximately 5.50 acres, for an approximate total of 8.52 acres. Therefore the proposed
rezone meets the criteria for an amendment.
The Comprehensive Plan classifies the area as Neighborhood Residential.
"The Neighborhood Residential district consists of single - family and multi - family residential
areas that are urban or suburban in character. Typically, public water and sewer services are in
place or planned for installation. This land use district may include both single - family and multi-
family dwellings subject to reasonable density transitions and /or design compatibility. Formal
public outdoor spaces (parks) are a critical feature in this district. Small home -based
businesses may be accommodated within certain design guidelines. Neighborhood institutional
uses such as churches, schools, and day care facilities may be intermixed if they comply with
neighborhood design guidelines."
While presently, the Comprehensive Plan Land Use designation is Neighborhood Residential,
may; however, not be consistent with that of a commercial use for a performing arts theater.
It is therefore recommended that the Comprehensive Plan Land Use designation be revised to
that of Neighborhood Commercial to be more consistent.
The Comprehensive Plan defines Neighborhood Commercial as 'The Neighborhood
Commercial district applies to areas along the arterial road system that are suitable for small -
scale neighborhood- serving retail, service and office uses.
At their meeting of April 15, 2015, the Kenai City Council directed City Administration to enter
into negotiations for the donation of approximately two acres of city -owned property. At that
meeting, City Administration presented three potential locations which would be suitable for the
Kenai Performers upon which to construct the proposed theater. Kenai City Council selected the
parcel located at 207 Evergreen Street and directed City Administration to look at rezoning the
subject parcel as well as the adjacent subject parcel 12848 Kenai Spur Highway to an
appropriate zoning district to allow for the construction of a theater. In reviewing KMC
14.20.320 a Theater means "a building or structure, or part thereof, devoted to the indoor
exhibition of motion pictures and /or of live dramatic, speaking, musical, or other presentations."
In reviewing KMC 14.22.010 a compatible zoning district for a theater as an allowed use would
be the General Commercial Zone.
Thank you for your consideration.
Attachment:
Ordinance No. 2855 -2015
Attachment A — Map of Subject Parcels
City of Kenai Planning and Zoning Commission Resolution No. PZ15 -23 and Staff Report
Page 2
-M
4
I
MLA/
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15 -23
REZONE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA, APPROVAL OF THE REQUESTED REZONING.
WHEREAS, the applicant is the City of Kenai, who's address is 210 Fidalgo Avenue,
Kenai, Alaska, 99611; and
WHEREAS, the legal descriptions are Tracts A -1 & A -2, Evergreen Tract A Resub; and
WHEREAS, the parcel addresses are 207 Evergreen Street & 12848 Kenai Spur
Highway; and
WHEREAS, the KPB Parcel Numbers are 04314102 & 04314101; and
WHEREAS, the Planning & Zoning Commission finds that Kenai Municipal Code
Section 14.20.270 describes the amendment procedures and initiation of Zoning Code
and Official Map Amendments; and
WHEREAS, Kenai Municipal Code Section 14.20.270(b)(1)(C) provides that the request
may be submitted by the property owner in the area to be rezoned; and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. The subject parcels are currently zoned Rural Residential;
2. The present land use plan designation is Neighborhood Residential;
3. The proposed Zoning District is General Commercial; and
WHEREAS, the rezone to General Commercial is not generally consistent with the 2003
City of Kenai Comprehensive Plan and that the Land Use Plan Classification should be
amended to Neighborhood Commercial from Neighborhood Residential to provide
consistency; and
WHEREAS, the City of Kenai Planning and Zoning Commission finds that the conditions
which are prerequisite to issuance of a rezone have been met, as follows:
1 . Applicant must comply with all Federal, State and local regulations.
Resolution No. PZ 15 -23
Page 2 of 2
2. That a duly advertised public hearing as required by Kenai Municipal Code
14.20.153 was conducted by the Commission on August 26, 2015.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI, ALASKA, HEREBY RECOMMENDS TO THE
COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE PETITIONED REZONING
OF TRACTS A -1 AND A -2, EVERGREEN TRACT A RESUB. BE APPROVED.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 26TH DAY OF AUGUST, 2015.
CHAIRPERSON: ATTEST:
Je 4WC hairperson
STAFF REPORT
To: Planning & Zoning Commission
Date: August 12, 2015 Res: PZ15 -23
GENERAL INFORMATION
Applicant:
City of Kenai
201 Fidalgo Avenue
Kenai, AK 99611
Requested Action:
Rezone — Rural Residential (RR) to General Commercial
(CG)
Legal Description:
Tracts A -1 and A -2, Evergreen Tract A Resub.
Street Address:
207 Evergreen Street & 12848 Kenai Spur Highway
KPB Parcel No.:
04314102 & 04314101
Existing Zoning:
RR — Rural Residential
Current Land Use:
Vacant
Land Use Plan:
Neighborhood Residential
ANALYSIS
General Information:
This is an application to rezone the properties described above as Tract A -1 and Tract A-
2, Evergreen Tract A Resub., as shown on Attachment A from Rural Residential to
General Commercial. As shown on Attachment A, both lots are presently vacant.
Kenai Municipal Code (KMC) 14.20.270 describes amendment procedures. Section 2
states, "Amendments to the Official Zoning Map shall be considered only if the area to
be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way)
unless the amendment enlarges an adjacent district boundary." As shown on Attachment
B, the subject parcel is zoned Rural Residential and is adjacent to the General
Commercial zone. Tract A -1 is approximately 3.02 acres and Tract A -2 is approximately
5.50 acres, for an approximate total of 8.52 acres. Therefore the proposed rezone meets
the criteria for an amendment.
The subject parcels are currently zoned Rural Residential.
PZ15 -23 — Staff Report
Page 2
The intent of the Rural Residential zone is, "The RR Zone is intended to provide for low
density residential development in outlying and rural areas in a form which creates a
stable and attractive residential environment." The proposed zoning is General
Commercial. The intent of the General Commercial zone is, "The CG Zone is
established to provide for areas where a broad range of retail, wholesale, and service
establishments is desirable. Uses are regulated to concentrate commercial development
to the greatest extent possible and to prevent any uses, which would have an adverse
effect upon nearby properties. New single and two - family residential uses and other
noncommercial uses, except as otherwise provided in this chapter, are not permitted in
this zone as principal uses because it is intended that land classified in this zone be
reserved for commercial purposes, and because a commercial zone is not suited to the
uses excluded above."
The Comprehensive Plan classifies the area as Neighborhood Residential
"The Neighborhood Residential district consists of single - family and multi - family
residential areas that are urban or suburban in character. Typically, public water and
sewer services are in place or planned for installation. This land use district may include
both single - family and multi - family dwellings subject to reasonable density transitions
and/or design compatibility. Formal public outdoor spaces (parks) are a critical feature in
this district. Small home -based businesses may be accommodated within certain design
guidelines. Neighborhood institutional uses such as churches, schools, and day care
facilities may be intermixed if they comply with neighborhood design guidelines."
While presently, the Comprehensive Plan Land Use designation is Neighborhood
Residential, it may; however, not be consistent with that of a commercial use for a
performing arts theater. It is therefore recommended that the Comprehensive Plan Land
Use designation be revised to that of Neighborhood Commercial to be more consistent.
The Comprehensive Plan defines Neighborhood Commercial as "The Neighborhood
Commercial district applies to areas along the arterial road system that are suitable for
small -scale neighborhood - serving retail, service and office uses.
The applicant is requesting this rezone to allow for the potential construction of a future
Performing Arts Center by the Kenai Performers a local Non - Profit theater group. At
their meeting of April 15, 2015, the Kenai City Council directed City Administration to
enter into negotiations for the donation of approximately two acres of city-owned
property. At that meeting, City Administration presented three potential locations which
would be suitable for the Kenai Performers upon which to construct the proposed theater.
Kenai City Council selected the parcel located at 207 Evergreen Street and directed City
Administration to look at rezoning the subject parcel as well as the adjacent subject
parcel 12848 Kenai Spur Highway to an appropriate zoning district to allow for the
construction of a theater. In reviewing KMC 14.20.320 a Theater means "a building or
structure, or part thereof, devoted to the indoor exhibition of motion pictures and/or of
live dramatic, speaking, musical, or other presentations."
In reviewing KMC 14.22.010 a compatible zoning district for a theater as an allowed use
PZ 15 -23 — Staff Report
Page 3
would be the General Commercial Zone.
Pursuant to Attachment B, the subject parcels are zoned Rural Residential. Adjacent
zoning includes Suburban Residential and Suburban Residential 1 to the north, General
Commercial to the east, Suburban Residential to the south and Recreational to the west.
The requested rezone would enlarge a neighboring commercial use. A rezone would
result in a General Commercial zone abutting a Suburban Residential; however, that
situation presently exists across Evergreen Street. Therefore, continuing the General
Commercial zone along the Kenai Spur Highway would continue to allow for
commercial uses, which are generally more compatible fronting along a highway rather
than residential uses.
RECOMMENDATIONS
As proposed the rezone meets the requirements of Kenai Municipal Code 14.20.270. The
Subject parcels are accessed off of Evergreen Street and the Kenai Spur Highway. The
rezone will enlarge an adjacent zoning boundary, and expand the General Commercial
Zone to allow for additional commercial uses along the Kenai Spur Highway and
Evergreen Street. The proposed rezone is consistent with the General Commercial Zone.
The issuance of the Rezoning permit shall be conditioned upon the following:
1. Applicant shall comply with all Federal, State and local regulations.
ATTACHMENTS:
1. Resolution No. PZ15 -23
2. Application
3. Maps