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HomeMy WebLinkAboutORDINANCE 1565-1993.~ t Suggested by: Planning and Zoning csTY OF 1CI, ORDII~T!lNCS NO. 1565-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP FOR CERTAIN LANDS DES~RI$ED AS LOTS "1" AND "2A" SCHURR SUBDIVISION. WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai; and, WHEREAS, the Official City of Kenai Zoning Map depicts these lands as Suburban Residential (RS); and, WHEREAS, the proposed zoning designation is General Commercial (CG); and, WHEREAS, the Kenai Planning and Zoning Commission held a public hearing on August 26, 1992 and as a result of that public hearing recommended approval of the proposed amendment to the General Commercial (CG), zoning designation, as indicated on attached map. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1• Subject properties consisting of those lands depicted in Exhibit A described as Lots "1" and "2A" Schurr Subdivision are hereby amended to General Commercial (CG). PASSED BY TIDE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of September, 1993. ATTEST: H. YMOND MEASLES, VICE MAYOR Carol L. Freas, City Clerk First Reading: September 1, 1993 Second Reading: September 15, 1993 Effective Date: October 15, 1993 H azTy os ~cF.~-t PLAi~lNIN3 AND ZONING COMMISSION RESOLUTION P$ 9Z~ 26 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAT RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQ~JESTED (RBZONtNO) (I+~C~C~~~;~pj SUBMITTED BY s L. See PO Box 1412 Kenai, Alaska (Appl cant FOR L•ota "1" and 'i 2A" Schurr Subdivision (Legal Descr pt one "-~ WHEREAS, the Commission finds the following: i. The subject property is currently zoned suburban Residential 2. The present land use plan designation of the subject property is medium density residential 3. The proposed (ZONING D=STRICT) ~DC~ ) for the affected property is Genesal Commercial _ 4. An appropriate public hearing as required has been conducted by the Commission on _ August 26, 1992 5. That the following additional facts have been found to exist: NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning & Zoning Coamtission of the City of Kenai that the petitioned (REZONING) (~ is hereby recommended to the Kenai City Council. PA88ED by the Planning and Zoning Commission of the city of Kenai, Alaska, this 11th day of August. 1993. -- ~ CHAIRMAN ATTEST: Pl'ahning ecretary ~ i /` ~~~. ..; ~ )-- BICENTENNIAL y~rr~a~t 'Lt~?'~i~a ~i~t! TEr.~xoNg 283.7535 FAX 90x7.283.3014 REZONIlVG APPLICATION Date: ~'~S'~~z Petitioner: Address: GP• y. ~,.• ~~/.2 .~'ri~s.' ~~ ~ ~a~// Phone : ~J~y7 l ~ ~f 3 ~ g~ 7/ Legal Description of Property to be Rezoned: PA ~ i II ~• ~~ i ~t ~ ~•/ ~~ Present Zone : ~~~> ,~~~`; i L ~ - Proposed Zone : ~a ,~•, 1s,~r_~ c:.iL ~~ ~~ Intended Use and/or Reasfo~n for Rezonfng:/q„~_~~~,,,,,.~•G;,~ ~,.,_~,,.~ Ol j,/r. f r fir! l'e!~-.:.G.) d ~V ~r~'.~- .7.~. ~' --~ .Dt fr .`.~p'' ,~ ~j,v~ ~,.~ ~r ~r~:/.-/~'.4i~ ~i~..efb.~''~. ~ ~„~.,,~z- ~/' ~Ir/~ ! r i rvis t ~rl~ ~..~r-/ti-1r/t %,~+ ©L~/j Section 14.20.270 Amendmen~Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE $ THE FOLLOWING, COMPLETE THE BLANKS AND ~;~~,~ THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1•~~~=: Amendments to the Kenai Zoning Code and Official Map may be initiated by petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) register®d voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. 2 • Gc~~ Amendments to the Official Zoning Mao shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right-of-ways unless the amendment enlarges an adjacent district boundary. , CITY OF KENAt 210 F~dalgo Avenue Kenai, Alaska 99611 _ ... .,~ ., ~. ~~__~ ~ _~~...y._._ ~..,, ~ ~., , .. ,: __ .,,: ... .:.... ,~ ~ ~ , 3,~~__~____ A Public Notification and Hemming is required be~are. the is,~uanae of t~ia psr~tit. A $~00.4o r~on-~regtindable~ daposft/advert~:~cinq a~xid ad~ain~:strative service$ fee is required, to , cover th~de ~,. nQtf:f icsatia~ costs. lr • 4 !~ A' ~-ropoasd . ~a~ahda~t .ta the xo~ta~g ordinance which ~'ia 7"`~ subatantial.~,y ,the same as any t~tl~st ~ .proposed amenid~snt subaaittied within tbs. pzsv~,ous n3.~s (9 j months $nd wh~.ah was not appr~ve~l shell..~ot be cor~sidere~d, Pet Onex''s gn~turs Chairman ~'~' ' r P anns.ng secretary _ ~: . e ... ~::. ~ ~ ~ '1t ' . t t ..t .II. i l,' .F i . ,.. t. .. . _ .. ~ , 1 ~Y~~ ~iw • _ y •• .• n. ~ ~ , ~ ~. , ~~ ~ w• • ~ w •1' 1 ~ ~ ~ ~ ~' . •, N . ~ ~~~~~/ • ~ .r~"' ' • ~ ~ 0~' ~ ~ ~ ~ ~ b W W r ~ . .. ~ _ ° ~, t 1 1 ~ -~ y .n. ~j"»rZ,s~~~~•rI+ 1•:si I.c .~~ ~ 0 =e ~ •• = ~• ! 'c SWIRLS 6LLMEN tF I TRACT ~ t I . , +~ ~ I • ~, a °' i S41 tq ~ r - ~ ti ~~~ ~.. 1 tr 1 ~ i~~ •~ I1 ~ 1 ^tl l ~. .. 'i k~~ i ~ • • • t '~~ swo ., ~ ,~:. ~ r 1 1 ~ ~ ,~ ~rC t t~ • su~o ;, m ~~,~ ~.~ r ,~. • .stay ~ ~ } ~ ~ ~ ~ • . ~ • 7 ~ ~ •.. 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FROM: Loretta Harvey, Planning Secretary DATE: August Z0, 1992 ' RE: aa~o~ gars s ~ s scsoRa s/a - c~~s L,. e~~ . v xD a ~ ~~ Applicant: Charles L. See PO Box 1412 Kenai, Alaska 99611 Legal Description: Lots 1 and 2A Schurr S/D Existing Zoning: Suburban Residential Proposed Zoning: General Commercial (CG) Current Land Use: Medium Density Residential Proposed Land Use: Net Loft staff Action: sent i5 public hearing notices to interested parties. No response. A~iALYH28 s KMC 14.20.270 ~nen~lment Proc~,ures (b) (2j Amendments to the ofP~.cial Zoning Map shall be considered only if the area to be rezoned contains a minimum of o~A (ij acre (excluding street .or a118y rights-of-wayj unless the amendment enlarges an adjacent district boundary. This property both enlarges an ad~aaent boundary and is larger than 1 acre (1.3 Acres). The lots bordering this property described as Portio» of govt lot 42 & 51 lying south of Spur Highway between Linwood and Candlelight were rezoned to CG in 1983. This property held "grhndfathsr rights" according to the Kenai Peninsula Borough (see attached) as Doyleys Fuel Service. The rezone was granted in order to-bring this non-conforming use into conformance. According to KPB Analysis: It was not the intent (in 1983y to enaourag+a future commercial activity in this area which ie zoned Suburban Residential. Section F of the Kenai Comprehensive Plan, page 2E under Commercial Land Use Strategies a. states: Concentrate commercial development along the Spur Highway, where traffic turning movements can be controlled and impacts on adjacent neighborhoods can be minimized. This parcel borders the Spur Highway. Th~a rezone Would , be -ctansistent with KMC i4.20,2~70 ~~~ Antencl~aent Pro+c~edui~es. _ (b~ -.:. (2 i and.::w~.th .the ab;ov~ ~eferericad sect~.ox~ of the ~gmprehez~$i~e p~1an. sr.~ff w~iu~,d re~zamYnerid, that s~ao~kiort a. o~ page 2E- . ai' , the CollCprehezs~.~-e P~.~1n:. ~ . ~i.~tit the adverse imp~-ats of aom~a~xcit~l uses. on ~ adjacent ~esidez~tial prope~rti,as bar. rgc~ufring a fence ~ ~aridior -1~~ecap~.i~g ~iuft~er:..e~; the ~ comia~rci~l` . site, . laa coo»sidered as a conditiQri tc~ this ~esone, if. approvs+d. r°; ~. ~E ~~~ r • C:\UP?i1\OOCB\P2MIIWt\BTAFi.RPT ~;;.. ,~ ,. ,. ,. ,. .;. ,... _._ ........ ..... ~ .. A , t AttguBt 17, 1993 Charles See PO BoX 1412 Kenai, AK 99611 RL"s Resoae - Lots i i 2A 8ahurr subdivision At the~.r meeting of August ii, 1993 the Planning and Zoning Commission approved the above referenced application. Please accept this letter as your notice to proceed with the development as described in the application. Sinc sly, - ore BrVeY Administrative Assistant Planning • • ;..~,;. ,_ <: , . . ~, ~, ~ ~ ~• 178'! 1881 CITY ~~F KEN AI ~~ 210 Fibd~i~o Ar~w-..S~o~t#~ ZQO Ay.99fii•T~94. TAB' ~ ~ x'933 tRtlt~lttt~RtAtRttlbtAtttttAttt~ttRttttttttktAtti*t#AAAtAI~Rttit~-tt#~tA*##AIRt4• MEMORANDUIVI •tAtttt#tttRttttttttt~rtttttttt+RAttttttttttttttiRttttttttttt~ttttttttt DAT3R! At~gtsst 6, 1995 TOs Plaaafaq sad Soafnq Commission FROHs Loretta 8arvop ~= RE8OLtT'1'I43T P?i 9Z -2 6 s R8803?H .. 88a I spoke with Mr. See on the above referenced date. He is still interested in having a net mending business on this efts. He also would eventually like to sell commercial fishing equipment from this site (on a small scale). He prefers that the lot be r~zoAed rather than obtaining a conditional Use Penait as suggested by the Conmtiseion. This will be his family home and business in the future and ha would like-it to be a permanent situation. Since he is leaving for Turkey before the meeting he asked to be scheduled for July of 1994. I told him I would talk to the Commission about proceeding with the rezone. If it is not passed he will wish to appeal and be rescheduled for the July X94 meeting. WHAT IS THE PLANNING AND ZONING COMMISSION ~ S RECOIrIIKEHDATION 4N THIS ITEM • f ' .:~' .. ~ ~;~ t ~ KENAI PLANNING AND ZONING COM~+tI33I0N August 2fi, 1992 Page 2 6~ PVB~IG R~lRIxt~B a. Resolution PZ 92-26s Rezone - SztR ., Chairman Graveley opened the meeting to public hearing. on Resolution PZ 92-26: Schurr subdivision,. xpts 1 .and 2 A, Charles L. See. seeing no one in the mudi®nce who w~,sh~d to teati~y, Gravely brought the Rezone bask to the Commission. Marxox: eas~ook moved appsoval o! Razotta Lota i sad Zfi 8anurr eubdiviaioa, Cbasles L. see. eaott seoonded. Jack La shot, City Engineer explained that this lot was next to Doyle's Fuel service. Doyle's property had been previously rezoned to accommodate an existing non-conforming use when the aoninq ordinance was established. Chairman Graveley noted the staff comments, r®ferrinq to the Comprehensive plan: "Limit the adverse impacts o! connaercial uses on adjacent residential properties by requiring a fence and/or landscaping buffer on the comsaercial site, ba cons3.dered ae a condition to this Rezone, f f approved. " Weald staff re+comntend that the buffer be included as a stipulation to grant the rezone. La shot sa f d he would recommend a buffer due to the presence of residential properties close to the proposed rezone. Graveley asked what a suggested buffer would bed La shot 20 feet or may be aii existing natural screening be left in the building setbacks. Bannock said he did not really want to amend motion to include buffer. Bryson the proposed rezone i$ to General Commercial. Applicant does not state his long term intention. Lot is 90 feet wide and if buffers were retained it would restrict development of this lot. Scott said she remembered that the Commission set two prioritise Townsite Historic Zone and xaninq along the spur Highway. Scott felt maybe this rezone should wait and the applicant could have azt interim conditional use permit, while the Commission review, the possibility of establishizsg new zoning designations along the Spur Highway. • • .. ;;, ~t ~~ ___ _ :. KENAI PLANNING AND ZONING COMMISSION August 26, 1992 Page 3 AMENDED MOTION = eaaaoak asked to table tbs motioa with direotion to atatt to talk to Mr. 8es Lot s i ZA eabutrr subdivieioailitste bis paurrsmtln+~id an iaterim aoaditionai uss permit to taa eoott eeaoaded. VOT~ls saanookt Yes, Brysoat Yes, eoottt Yes, Oraveleya Yes b. Resolution Pz 92-27: CUP - RV Park - Doyle Chairman Graveley introduced the item and opened the meeting to the public for public hearing. +~ * *verbatim* Erie Knackstedt, Box 532, "I've bee allvthat Beaver Loop ng I know years, then they build a trail and you guys have a heck of a time, cause ut I ve been living th®re 41 you'll never get me on there again. B years and then they built the road, Be u wouldn't bewable to get stand the pressure of an RV over there, yo . on the highway to start with, to drii mosicke andg tired of arguing my river bank can t take it. And where they belong down Eby that water, n o knl~gtCunninghamePark~k. is crumbling and I don t want mine to 1 I made a mistake when Martha died, sh ark~V And I had he power attorney, because she gave the city that p of attorney, she gave them $500 to have a sign made, and I had to qo to Council and prove with that paper that they gave $500. And the Council finally said, "Hey make that sign", see they did give it to ya. she had it made for a kids park, not for, I don't know . You got a reguiation~ there that says nshininin all fight t ~ 30 the summer time that don t work, it s su g they ain't staying there, they're staying there. But it's not camping all night. Now it's camping all night, 'cause it gets dark. But I'm against that, because e o there't it that thetas"e right now, and how are you going to g , Chairman Graveley, "do we hav„ any other individuals from the public who would like to speak? Chester Cone, "Ladies and gentlemen of the Planning Commission, my name is Cheater Cone, and I have a couple of comments that I would like to make about the proposed RV Park. First of all, I have no objections to any of my neighbors tryi t Cisg t e overcomegtoido their property. We all have enough obs anything. But there are a couple ofine th The f irstg being that sal that are very objectionable to propo I have, my property is adjacent to ~iis, side by side. And our ~.-. , KENAI PLANNING AND ZONING CONII~IISSION September 9, 1992 Page 5 8. OLD 8 'N •AA a. Resolution PZ 92-26s Rezone - Sae Harvey explained that she had sent a letter to the appl.iCatit informing him of the commission+s previous meeting+s action. The Commission felt that a conditional use periaft would be appropriate for the conmtercial use requested until the entire Spur Hi~bway zoning issue could be addressed. There had been no reBponas at~ packet time since the applioant was in Turkey. Smalley said that the applicant had enhanced the property in recxent months and left an adequate buffer on the site, to obscure the proposed activity. Smalley felt the applicant would adhere to any criteria the commission would require. MOTZOHs Hsyeon moved to poatpoao aatioa on this iteat for oae month tOatobs 7th to give applicant tine to roopond to the requeot for a. conditional use permit. 8oott s~aoaded. varE: Hannooks Y~~, 3raveley: Yea,' Bt'g~oa: Y~~, Qo~akes Yea eootts Yes, Han~oat Yea 9. CODE E~'ORGII~t~rr = ~ ' a. RPM'S - - A copy of the letter from Cary Graves, City Attorney, had been included for P&Z s information. The letter gave Mellish until September 15th to clean up area. b. Quandt Property Harvey had sent a letter to Department of Natural Resouroes requesting information on who was the present lessee of this property. There had been no response key acket d c. Irene's Lodge p eadline. A letter had been sent requesting the lodge to obtain a conditional use permit for the guide service, which appears to be operating from this site. The present Home occupation permit does not include a guide service. , Hanson said he was a neighbor of Fandel's and said he had never noted any problem with their operation. • t ,::~:: To: Planning & Zoning Commission Prepared $yz J'L/LIi~ , Date: October 8, 1992 ~ ~. Applicant: Charles L. See PO Box 1412 Kenai, A13aka 99613 R~qussted Action: Rezone Logai D~sariptioa: Lots "1" and "2A" Schorr S/D Esiatiaq Zoning: suburban Residential (RS) Proposed Zoaiaq: General Commercial (CG) Current Land IIsa: Medium Density Residential ~~ Application was originally reviewed at a public hearing, Aut,~ust 2f , 1992. At that time the Commission decided that a Conditional Use Permit might be the proper vehicle for the applicant's needs, until further review of all zoning along the Spur Highway. The applicant is presently in Turkey on a teaching assignment. Staff sent a letter informing Mr. See of the Commission's decision, but have received no response to date. Recommend tabling item until response is received from applicant. 1. Resolution 92-26 • .. .. , a, .. ,.:_: ~ .. ~ , . . KENAI PLANNING AND ZONING COMMISSION August 11, 1993 - Meeting Page 3 a. Resolution PZ 92-26: Rezone - See (discussion) Staff reported that Council had asked that the applicant bs contacted with regards to this issue since it had been tabled~`by P&Z until October 1993, since the applicant was on a teaching assignment in Turkey. Staff was able to contact this applicant since he was home for the summer to commercial fish. Mr. See informed staff that he would rather seek the rezone rather • than a conditional use permit (as suggested by P&Z). The business will be net mending and the sale of commercial fishing supplies. The applicant indicated this is his home and since he plans to be there indefinitely he would like the status to be more permanent than a conditional use permit. See asked that P&Z rule on the r®zone. If it is denied he would appeal it until July of 1994, when he returns to Alaska for the fishing season. MOTIONt 1lallt~r MOVBD approval o! Resolution P~ 9Z-26s R~son~ - 8N. Macomsay BaCO~tD3:D. Walker commented that this property was well within the Spur corridor and he was a proponent of rezoning the entire corridor to Commercial. He had no problem with this and asked that it be brought forth to be voted on. Bannock noted the staff recommendation of August 26, 1992: "Staff would recommend that section e. of page 26 of the Comprehensive Plan be considered if the rezone is approved: Limit the adverse impacts of commercial uses on adjacent residential properties by requiring a fence and/or landscaping buffer on the commercial site." Bannock said he was not in favor of adding a buffer and he would stand by that decision. Walker called for the question. .CZ 4~ .Hannoah:. H . on°: aliak. C,tooako Yalkrt~:: ~ ~iaCosss Pior+as:<: YL8 ABBENT YL~B YLS YE8 Ya8 YM8 MOTION P718BbD 8Y IIIB~tIMOIIB VOTa. • •