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Home My WebLink AboutResolution No. PZ2020-04;e K!;NAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-04 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THE COUNCIL OF THE CITY OF KENAI APPROVE THE REZONE REQUEST OF 725 BALEEN AVENUE FROM RURAL RESIDENTIAL TO THE LIMITED COMMERCIAL WHEREAS , the City of Kenai received a rezone application from the majority property owners in accordance with Kenai Municipal Code 14.20.270, Amendment procedures; and , WHEREAS , the RR Zone is intended to provide for low density res idential development in outlying and rural areas in a form which creates a stable and attractive residential environment; and, WHEREAS, the LC Zone is intended to provide transition areas between commercial and residential districts by allowing low to medium volume business, mixed re s idential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent d is tricts; and , WHEREAS, the rezone reque st is for an area over ten acres in si ze ; and , WHEREAS, the area to be re zoned fronts Kalifornsky Beach Road, a major collector street; and, WHEREAS , several multi-family units are adjacent to the parcel ; and , WHEREAS , across street on Kalifornsky Beach Road outside City limits is commercial development, including a CBD retail store and a fish market; and, WHEREAS, the LC Zone still allows for residential uses and require s a conditional use permit for many commercial uses, including bu s iness/con s umer services and retail businesses, which will ensure the ne ighborhood chara cter to the north is not impacted by development of this parcel; and, WHEREAS, the rezone is consistent with Goal 3 -Land Use : Develop land use strategies to implement a forward-looking approach to community growth and development of the 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan . NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council approve of the rezone request of 725 Baleen Avenue from Rural Residential to Limited Commercial. Section 2. That a copy of Resolution PZ2020 -04 be forwarded to the Kenai City Council. Resolution No. PZ2020-04 Page 2 of 2 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 13th day of May, 2020. ( 'x:J._ ~ J& T, CHAIRPERSON ATIEST: STAFF REPORT TO: Planning and Zoning Commission FROM: Elizabeth Appleby, City Planner DATE: May 7, 2020 SUBJECT: PZ2020-04 – Rezone Request of 725 Baleen Avenue from RR to LC Applicants: City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Submitted By: Connie and Rick Vann Vann Revocable Trust P.O. Box 561 Kasilof, AK 99610 Requested Action: Rezone from Rural Residential (RR) to Limited Commercial (LC) Legal Description: Portion of S1/2 SE1/4 SW1/4 Lying North of K-Beach Road Excluding VIP Country Estates Subdivision Part 5 Property Address: 725 Baleen Avenue KPB Parcel No: 04941052 Lot Size: 10.6 Acres (approximately 461,736 square feet) Existing Zoning: Rural Residential (RR) Current Land Use: Vacant Land Use Plan: Low Density Residential (LDR) GENERAL INFORMATION A completed application was submitted requesting that parcel 04941052 be rezoned from Rural Residential (RR) to Limited Commercial (LC). Kenai Municipal Code (KMC) 14.20.270, Amendment procedures, describes initiation of zoning code and official map amendments. Zoning code amendments may be initiated by a submission of a petition by a majority of the property owners in the area for consideration if the area to be rezoned contains a minimum of one acre unless the amendment enlarges an adjacent district boundary. Vann Revocable Trust Page 2 of 3 is the owner parcel 04941052, which is 10.6 acres in size. The requested rezone meets the criteria for an amendment. Application, Public Notice, Public Comment Pursuant to KMC 14.20.280-Public hearing and notifications, describes processes for public hearings. City staff published notice of the public hearing as part of the agenda for the City of Kenai Planning and Zoning Commission meeting in the Peninsula Clarion, sent notification to real property owners within three-hundred-feet (300’) of the affected parcel, and notification was posted on the property. No public comments have been received as of May 6, 2020. ANALYSIS This parcel fronts Kalifornsky Beach Road for approximately 1,292 feet. Kalifornsky Beach Road is a major collector street maintained by the State of Alaska. A paved bike path runs directly in front of the parcel along Kalifornsky Beach Road. Several multi-family housing units are to the east. Across the street on Kalifornsky Beach Road (outside City limits) is commercial development, including Panama Reds and a fish market. 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 LC Zone is intended to provide transition areas between commercial and residential districts by allowing low to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. The LC Zone is more consistent with the layout of the parcel. The applicant has indicated plans to construct a multi-unit complex that would have commercial development on the first floor. Commercial uses could take advantage of the frontage on Kalifornsky Beach Road. The LC Zone still allows for residential uses and requires a conditional use permit for many commercial uses, including business/consumer services and retail businesses, which will ensure the neighborhood character to the north is not impacted by development of this parcel. The 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan states, “Transportation improvements such as the construction of the Warren Ames Memorial Bridge/Bridge Access Road gave the Kalifornsky Beach area south of the Kenai River a road connection to the rest of the City and spurred development.” This change is zoning reflect the change in the City layout over time and supports Goal 3 – Land Use: Develop land use strategies to implement a forward- looking approach to community growth and development. RECOMMENDATIONS The rezone request of 725 Baleen Avenue from the Rural Residential Zone to the Limited Commercial Zone is suitable for an approval recommendation by the Planning and Zoning Commission to the Kenai City Council. ATTACHMENTS 1.Resolution No. PZ2020-04 Page 3 of 3 2.Application 3.Maps 4.Photos PETITIONER MAILING ADDRESS CITY, STATE, ZIP PHONE LEGAL DESCRIPTION PHYSICAL ADDRESS PARCEL NUMBER PRESENT ZO NE PROPOSED ZONE RECEIVED CITY OF KENAI DATE 3-/o-2d-o PLANNING DEPARTMENT REZONING APPLICATION Re set Form (15\1\rA:~ 4 {2,l_,k:_ \.Jc.tV\"'"' - ~a. -a~~ '3 (a\ Kt/\. 5 j Io t h-\ CA-s \:=-C\ C\tlt; I 0 qol -Z-57.r-42-0°J 15N R\\W SE.C..11 ~c,..J~ "IN\~·~ ~tJ fThJ of s Yz. 45 e... Y'-1 5 YCf Lv •"'-1-f'J. u+ k-~4<-~ t-:l~ 'e>t'l-lL~v-. Avt.-v VA -""-: l+k 9q ~I I () 4-<:14 l 05 Ct. f< vUf' ~ R.t.-$ 1' o(_LNJ,'c;c.), µ W'\.. it .LJYl 6W\ VY'\~ ,...,J Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOW IN G , COMPLETE THE BLANKS AN D INITIAL THE SPAC E AFTER T HE ITEM NUMBER TO INDICATE T HAT YOU HAVE READ AND UNDERSTAND THESE CON DI T IONS. 1. lA) 3. 8/16/2013 Amendments to the Ken ai Zoning Code and Official Map may be initiated by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a m ajo rity of th e property owners in the area to be rezoned; or, a p eti ti on bea r in g th e signatures of fifty (50) re gistered voters with in th e C ity of Kenai t o amend the ordinance tex t; or, submission of a pet ition as prov ide d by the Home Rule Charter of the City of Kenai. Amendme nt s to the Official Z oning Map s hall be cons idered only if the area to be rezoned contain s a minimum of one (1) acre (excludi ng street or alley rig ht-of-way) unless the am endm en t enlarges an adj acen t district boundary. A Public Notification and Hearing is required b efore the iss uance of this permit. A $125 (p lus sa les tax) non-refundable deposit/advertising and administrat ive se r vices fee is required to cover the se notification costs. Depending on t he rezone loca tion, an A ffid avit of Posting may also be r equired. 4._H_ A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. Dated : __ 3_-_/_c.J_-_ZcJ __ ~-- Petitioner's Signaturev REZONING CHECKLIST: ____ a. MAP b. SIGNATURES ----___ c. DEPOSIT/ADVERTISING FEE ($125 +sales tax) d. APPLICATION FORM OR LETTER ----e. AFFIDAVIT OF POSTING ---- 8/16/2013 VIP DRBALEEN AVE SEINE ST. Date: 4/6/2020 The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map. 725 Baleen Avenue Parcel No:04941052 Existing Lot LineKALIFORNSKY BEACH ROAD 0 220110 Feet VIP DRBALEEN AVE SET NET DR SEINE STPIRATE LNWA T E R G A T E W A Y S E I N E C T Date: 4/6/2020 The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map. 725 Baleen Avenue Parcel No:04941052 KALIFORNSKY BEACH ROAD Outside of City Limits LEGENDZoning Outside of City Limits Rural Residential 0 33,00016,500 Feet .