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Home My WebLink AboutResolution No. PZ2021-27CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-27 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 T SN R 11W SEC 6 SEWARD MERIDIAN KN NORTH 150 FT OF GOVT LOT 34 FROM SUBURBAN 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 RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems; 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 enlarges an adjacent zoning district boundary; and, WHEREAS, access to the area to be rezoned is provided via an easement from the adjacent Kenaitze Indian Tribe owned parcel at 11823 Kenai Spur Highway; and, WHEREAS, other parcels in the CG Zone border are adjacent to the subject parcel, creating a contiguous CG Zone border; and, WHEREAS, the CG Zone is consistent with commercial development in the vicinity and will not impact residential housing or the quality of neighborhoods within the City; and, WHEREAS, the rezone is consistent with Goal 2 -Economic Development: Provide economic development to support the fiscal health of Kenai of the 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan. 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 T 5N R 11W SEC 6 SEWARD MERIDIAN KN NORTH 150 FT OF GOVT LOT 34 from Suburban Residential to General Commercial. Resolution No. PZ2021-27 Page 2 of 2 Section 2. That a copy of Resolution PZ2021-27 be forwarded to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28th day of July, 2021. ATTEST: RK STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: July 13, 2021 SUBJECT: PZ2021-27 – Rezoning – Suburban Residential to General Commercial Applicant: Kenaitze Indian Tribe 150 Willow Street Kenai, AK 99611 Legal Description: T 5N R 11W SEC 6 Seward Meridian KN North 150 FT OF GOVT Lot 34 Property Address: Unaddressed (Adjacent to 11823 Kenai Spur Highway) KPB Parcel No: 04702011 Lot Size: 0.97 acres (approximately 42,253 square feet) Existing Zoning: Suburban Residential Current Land Use: Vacant Land Use Plan: Central Commercial GENERAL INFORMATION A completed application was submitted to the City requesting that parcel KPB# 04702011 T 5N R 11W SEC 6 Seward Meridian KN North 150 FT OF GOVT Lot 34, located adjacent to 11823 Kenai Spur Highway, be rezoned from Suburban Residential (RS) 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. The Kenaitze Indian Tribe is the owner of adjacent parcels zoned General Commercial, KPB# 04702199 consisting of 4.82 acres and KPB# 04702017 consisting of 0.11 Page 2 of 3 acres, for a total of approximately 4.93 acres adjacent to the subject property. 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 parcels, and notification was posted. No public comments have been received as of July 23, 2021. ANALYSIS The subject parcel is located between the Kenai Spur Highway and Spruce Street, with no direct road access from the property. Access is provided via an easement from the adjacent Kenaitze Indian Tribe owned parcel at 11823 Kenai Spur Highway. The subject parcel is vacant and surrounded by vacant land to the north (zoned General Commercial), south (zoned Suburban Residential), and east (zoned Townsite Historic). To the west is Our Lady of Angels Parish of Archdiocese of Anchorage, which is zoned Suburban Residential (RS). The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. 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 location/layout of the parcel. The applicant has indicated plans for building two greenhouses for private use, which requires a conditional use permit in the RS Zone, but does not require a conditional use permit in a CG Zone. A neighborhood is not adjacent to the subject parcel and a rezone would not impact residential housing or the quality of neighborhoods within the City. Spruce Street is a paved and city- maintained street. City sewer and water is located in the Spruce Street right-of-way. The 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan supports this rezoning in several ways:  Goal 2 – Economic Development: Provide economic development to support the fiscal health of Kenai. o ED-6: Prior to zoning property to commercial, consider if use has access to collector or arterial road, access to city services, and that potential conflicts with adjacent non-commercial use have been minimized through site design, landscaping, or other appropriate measures. The subject parcel shares access to both Spruce Street and the Kenai Spur Highway with 11823 Kenai Spur Highway to the north. City services such as sewer, water, and paved roads are in the vicinity of the subject parcel. Non-commercial uses should not be negatively impacted by the rezoning. The only non-commercial use adjacent to the subject parcel is the Our Lady of Angels Parish of Archdiocese of Anchorage, which is fronted on Spruce Street, and the subject parcel is behind them.  Goal 3 – Land Use: Develop land use strategies to implement a forward-looking approach Page 3 of 3 to community growth and development. o LU-1: Establish siting and design standards so that development is in harmony and scale with surrounding uses. A rezoning to CG would align the parcel with the much larger parcel to the north that is zoned CG. The Kenaitze Indian Tribe owns both of these parcels. o LU-2: Promote the infill of existing, improved subdivision lots. The parcel is currently vacant and underutilized. Two greenhouses are proposed for the property. o LU-11: Where feasible, consolidate access to and between land uses via frontage roads or by shared driveways onto main streets/highways. The subject parcel shares access to Spruce Street with the parcel to the north. RECOMMENDATIONS The rezone request for T 5N R 11W SEC 6 Seward Meridian KN North 150 FT OF GOVT Lot 34 located adjacent to 11823 Kenai Spur Highway from the Suburban Residential Zone to the General Commercial Zone is suitable for an approval recommendation by the Planning and Zoning Commission to the Kenai City Council. It is recommended the property owner contact the City of Kenai Planning and Zoning Department to assign an address to the parcel. ATTACHMENTS A. Application B. Site Plan C. Aerial Map City of Kena i . Planning and Zon ing Department ~ 7 / Rezoning 210 Fidalgo Avenue Appli cation Kenai, AK 99611 ~~ (907) 283-8200 planning@kenai.city www.kena1.city/planning ~-'=-•o!H·J~l--:',j, - Name: Kenaitze Indian Tribe Mailing Address: 150 Willow Street !City: I Kenai State: I AK !Zip Code: I 99611 Phone Number(s): (~u/) 330-rouu q o-t-c;; Z-ti ... 7 t.-q z cU..J'- Email: dohler@kenaitze.org ':.l~l•1::..i-· ,. -... ··~.11•1••1'11•"'' Kenai Peninsula Borough Parcel # (s): I 0410201 1 Physical Address: 11823 Kenai Spur Highway Legal Description: T 5 N R 11 W SEC 6 Seward Meridian KN North 150 Ft of GOVT Lot 34 T~•~!!::!.=-•t••"•"'.~ll.h'I _. Present Zone: Suburban Residential Proposed Zone: General Commercial Intended Use and/or Reason for Rezoning (attach additional sheets if necessary}: To erect one existing and one new greenhouse for private use "' -~ L ·•-~ran;i:..r••-::111•·•~.1~1:-1:1.•u .. ~~ The area proposed to be rezoned contains a minimum of 1 acre (excluding street or alley rights-NO DYES of-way), unless the amendment enlarges an adjacent zoning district boundary. See attached This proposed amendment to the zoning ordinance Is not substantially the same as any other IKJYES unapproved proposed amendment submitted within the previous 9 months. I understand a public hearing is required as outlined in the Kenai Zoning Code, a fee is required IXI YES as posted in the City's Fee Schedule, and that this application will be reviewed 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 signatures. ~YES The proposed Zoning Code and Official Zoning Map Amendments is initiated by (check one): D Kenai City Council D Kenai Planning & Zoning Commission Iii Petition of majority of the property owners in the area to be rezoned D Petition bearing the signatures of 50 registered voters within the City of Kenai D Petition as provided by the Home Rule Charter Of the City of Kenai I I "'!lllCel .13.ift:J'~-i ~ Signature: AU~ vY I dJ ,(}./H._/ Printed Name: Dawn N elson, Ex E1cutive Director I Date: I {,,, , l5 ·rJ.Od-1 For City Uae Only Date Application Fee Received: ~/2?/21 PZ Resolution Number: 'P 2-2.Jt .U - City of Kenai 11823 Kenai Spur Highway Property Rezoning Application Additional Narrative 06-08-2021 The 11823 Kenai Spur Highway property spanning between Kenai Spur Highway and Spruce Avenue is owned by the Kenaitze Indian Tribe and consists of three parcels of property. The Parcel No.'s are as follows: 04702017, 04702199, and 04702011. Parcel No.'s 04702017 and 04702199 are zoned General Commercial, and Parcel No. 04702011 is zoned as Suburban Residential. Parcel No. 04702011 is a land-lock parcel with no designated road access, with property ownership by Our Lady of Angels on the West and South side and Diocese of Sitka & Alaska Orthodox Church on the West side. It is unknown at this time the zoning of these three properties. The parcel In question is shy of the 1 acre requirement for rezoning equating to .92. However, Parcel No.'s 04702017 and 04702199 are zoned General Commercial and Kenaitze Indian Tribe request to have the adjoining parcel 04702011 zoned the same as parcels 04702017 and 04702199. ----------- ,- ·1~ , ~, ~ I ' / ' &fr llEIWI w/N.LllL CAP - --·~ .... Jti~---rmo- 0 O/rllllWl•~t:illf'..-Rr ( ) REl:llRD DA1Ull IUT IOll-M IGID ~ -; Phl!.IL Bo""''"~" Gov't Lots 62. 85, 86, 107, 108. & 126 200 S SSJNca St. at,CJfic..i -· 211 Flddgt ,..., Sia -~'"M9$1111 ....................... ~-~ Ii = f>~t~; L•r 801UJDH.fa ~- an F. SiiiiiW. RLS .J.J!I ---SI' I '<' ' Ptn Gov't Lots'- ' \. 25 & 26 ' \. 11887 IC .. al Spur Hwy. ' __ ,,_,,..,...., I \. P.A-• 'llMal. AK 11111 Ptn Gov't Lot 31 I 115 S Spruce St. \. ---... dA P..Q.--,._,..... 1 I ._.,M..,, o-noz.o' . I I I I I I I L ........... &~ j " • Bk 273 p 847 32 . "········· -:'f .... -- Gov't Lot .35 225 S Spruce SL Olr1"'1ftlillll""d ..._ .. __ ms..,_ st ........ , --- -· -.... Cl 111.18 ,...... Cl 11111.75 nllUI' Ptn Gov't Lot 34 225 S Spruce st. Dur Llllll' .. AllgD .. _.,_ .. ZISSS,.-!11 ~AICllll11 -'Mia ...... --..... tlMll' m.:J9' 11.40' I I I Gift --... 111'16 N4111"4nl 1Zl.72' arall"lll'W ...,._ KN 96-82 Lot t92A3 1104 & 1106 Mission Ava .._., ..... -... Qthadi. Chlllch ti --P.G. a.110Slll -...,AK"'21 1• •I JllZ sa&l. Coo le Inlet t ! ....... • U 1U ·--IU t•--....--~, ...... ~~ IJJlj/J.Cfltl Land title SUrveJ cd a-•• ,......,,., ... U.88. Ulll 1'cirtla llO ,_ OI Got~~M. mlll U.. prOJllSlit ._..,,. ID -•• ., ...... 8'7 ................ Dfdrf** 1 d1 RESOLUTION PZ2021-27 REZONINGT 5N R 11W SEC 6 Seward Meridian KN North 150 FT OF GOVT Lot 34KPB #04702011 S SPRUCE STK E N AI S P U R H W YBIRCH ST.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 8040 Feet LEGEND Su bject Parcel Date: 7/13/2021