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Home My WebLink AboutResolution No. PZ2020-13JC? K(;NAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-13 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 TRACTS 1AND2, HOLLAND SPUR HIGHWAY SUBDIVISION FROM RURAL RESIDENTIAL TO GENERAL COMMERCIAL WHEREAS, the City of Kenai received a rezone application from the majority property owner in accordance with Kenai Municipal Code 14.20.270, Amendment procedures; and, WHEREAS, the RR Zone is intended to provide for low density residential deve lopment in outlying and rural areas in a form which creates a stable and attractive residential environment; and, WHEREAS, the CG Zone is intended to provide for areas where a broad range of retail, wholesale, and service establishments is desirable and uses are regulated to concentrate commercial development to the greatest extent possible ; and, WHEREAS , the rezone request is for an area over ten acres in size ; and, WHEREAS, the area to be rezoned fronts the Kenai Spur Highway, a majo r collector street maintained by the State of Alaska ; and, WHEREAS, other parcels in the CG Zone border and are across the street from these two parcels; and, WHEREAS, the CG Zone is consistent with commercial development along the Kena i Spur Highway and will not impact residential housing or the quality of neighborhoods with in the City; 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 Tracts 1 and 2, Holland Spur Highway Subdivision from Rural Residential to General Commercial. Section 2. That a copy of Resolution PZ2020-13 be forwarded to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI , ALASKA, this 10th day of June, 2020 . Resolution No . PZ2020-04 Page 2 of 2 ATTEST: JEFF TWAIT, CHAIRPERSON STAFF REPORT TO: Planning and Zoning Commission FROM: Elizabeth Appleby, City Planner DATE: June 5, 2020 SUBJECT: PZ2020-13 – Rezone – Rural Residential to General Commercial Applicant: Glen Martin P.O. Box 1389 Soldotna, AK 99669 Legal Description: Tract 1, Holland Spur Highway Subdivision Tract 2, Holland Spur Highway Subdivision Property Address: 7344 Kenai Spur Highway 7450 Kenai Spur Highway KPB Parcel No: 04103056 04103055 Lot Size: 6.56 acres (approximately 285,754 square feet) 5.28 acres (approximately 229,997 square feet) Existing Zoning: Rural Residential Current Land Use: Vacant Land Use Plan: Suburban Residential GENERAL INFORMATION A completed application was submitted to the City requesting that adjacent parcels Tracts 1 and 2, Holland Spur Highway Subdivision located at 7344 and 7450 Kenai Spur Highway (parcel numbers 04103056 and 04103055) be rezoned from Rural Residential (RR) to General Commercial (CG). 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. Glen Martin is the owner of the adjacent parcels that are approximately 11.84 acres in size. The requested rezone meets the criteria for an amendment. Page 2 of 3 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 parcels, and notification was posted on the property. No public comments have been received as of June 5, 2020. ANALYSIS These parcels front the Kenai Spur Highway for approximately 2,640 feet. The Kenai Spur Highway Road is a major collector street maintained by the State of Alaska. There parcels are vacant and surrounded mostly by vacant land. There is a gravel pad covering the middle of the two parcels. Parcels adjacent to these two parcels are either within the CG Zone or the RR Zone: Across the street on the Kenai Spur Highway from Tract 1 (parcel 04103055) is a City of Kenai wellhead that was damaged in the 2018 earthquake and is slated to be relocated. The wellhead is on parcels within the RR Zone. A City owned parcel borders the east of Tract 2 (parcel 04103056) and is within the RR Zone. The parcel bordering the north of these two is within the RR Zone and is owned by the Alaska Mental Health Trust Authority. The fronting parcel along the Kenai Spur Highway across from Tract 2 (parcel 04103056) and half of Tract 1 (parcel 04103055) is within the CG Zone. The parcel bordering the west of Tract 1 (parcel 04103055) is also within the CG Zone and is owned by the Alaska Mental Health Trust Authority. 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 CG Zone is intended 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 new residential uses and other noncommercial uses are not permitted in this zone as principal uses. The CG Zone is more consistent with the layout of the parcel. The applicant has indicated plans for commercial development. Commercial uses could take advantage of the frontage on the Kenai Spur Highway. A neighborhood is not adjacent to these parcels and a rezone would not impact residential housing or the quality of neighborhoods within the City. An anadromous stream is on the eastern part of Tract 2 (parcel 04103056) and the Kenai Peninsula Borough 50- Foot Habitat Ordinance prohibiting development within 50-feet of anadromous streams would apply and protect the creek. The 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan states, “original community has expanded with commercial development along the Kenai Spur Highway.” 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. The 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan also notes that, “commercial land uses dominate the corridor along the Kenai Spur Highway” and a rezone for these two rectangular parcels with long frontages on the Kenai Spur Highway is consistent with the Comprehensive Plan. Page 3 of 3 RECOMMENDATIONS The rezone request for Tracts 1 and 2, Holland Spur Highway Subdivision located at 7344 and 7450 Kenai Spur Highway from the Rural Residential Zone to the General Commercial Zone is suitable for an approval recommendation by the Planning and Zoning Commission to the Kenai City Council. ATTACHMENTS A. Resolution No. PZ2020-13 B. Application C. Map Cil)' or Ken.:i Rezoning Application Planning and Zoning Departm€'nt 210 F1dalgo Avenue Kena . AK 99511 <907 ) 283-8200 planning@kena1 ctly wwv. kena1 city/planning · -1-_;. · .. -.-l x-; · .·.11·1 ~ 1 ~~·~, -:j ---=~·peTfnoNeR :· ---r-(-·· --' -,-· ---, 1:-·--~ , • -.., --------· ---· ·, ""------··-. -~-.:. • -_ l . "'~ _ • __ '· I · Name: Glen Martin Mailing Address : POB 1389 . City: Soldotna State: AK Zip Code: 99669 Phone Number(s): 907-252-5326 Email : Proposed Zone: Intended Use and/or Reason for Rezon ing (attach additional sheets if necessary): I would like to make this highway strip available for restaurants, clinics, gas stations , retail shops, etc. It abuts CG lands , and most of the Spur Highway between Swires Road and Beaver Loop Road has already been rezoned CG . This will help make the zoning consistant in this area. The area proposed to be rezoned contains a minimum of 1 acre (excluding street or alley rights- of-way), unless the amendment enlarges an adjacent zoning district boundary. This proposed amendment to the zoning ordinance is not substantially the same as any other unapproved proposed amendment submitted within the previous 9 months. I understand a public hearing is required as outlined in the Kenai Zoning Code , a $250 fee is required ($265 total after tax), and that this application will be re viewed following Kenai City Code 14.20.270 , available at kenai.municipal.codes/KMC/14.20.270. I have included a map of the proposed rezone area and applicable signatur~s . The proposed Zoning Code and Official Zoning Map Amendments is initiated by (check one): 0 Kenai City Council D Kenai Planning & Zoning Commission 1!!J Petition of majority of the property owners in the area to be rezoned D Petition bearing the signatures of 50 registered voters withi1 t t11e City of Kenai 0 Petition as provided by the Home Rule Charter of the City of Kenai ~YES !!J YES ~YES ~YES Printed Name: Date: s11 s12020 For City Use Only Date Application Fee Received : PZ Reso lution Number: P).... ).-0-I !> n o a: c<' :l () e:. ~fl·! 0 -~ <1: z ~ UJ -..f'\ ~ 'O "" .() ~J l- r· I i City of Ken ai Z oning Map Zoning -Airport LogM lndU'<!r•al (All) -Consciva:K>n (C) EdUC<JllOn (ED) Rural Resl(fenllal (RR) Rurnl ResV!enl'al 1 (RR· I ) • -Su~urban Res.lloobol (RS) -Sub\Jrbiln Res!denllal 1 (RS 'l Suburt>an ReSldenMl 2 (RS-21 -Urban ROS1dential (RUJ Townsilc ffi<loric (TSHJ Central Commercial (CC) ~ Lim1 lod Commerc.a t (LC) General Commercial (CG) Contr"I Mixed Use (CMU) Ugh1 lndudri.•I (It ) Heovy Industrial (IHl Rl'Cf•~t.on11!iRJ ,/~-, ~.<l .!...~., "'rr-~. ·.f/' ~" , , lllUl Wslll '"" W+E s This m ap i s for graphic r epresen tatio n only a nd the City of Kenai assumes no resp on sibl lity for orrorn o n t his m a p. Ma rch 201 9 KENAI SPUR HWYTUSTUMENA STMINCHUMINA AVERAVEN STDate: 5/15/2020The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.7450 and 7344 Kenai Spur HwyTracts 1 and 2, Holland Spur Hwy SubdivisionRezone Request ofParcels:04103055, 04103056City Wellhead #1(to be relocated)0 33,00016,500 Feet.City-OwnedParcelLEGENDZoningGeneral Commercial (CG)Rural Residential