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Home My WebLink AboutOrdinance No. 3236-2021KENAI CITY OF KENAI ORDINANCE NO. 3236-2021 Sponsored by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL ZONING MAP BY REZONING T 5N R 11W SEC 6 SEWARD MERIDIAN KN NORTH 150 FT OF GOVT LOT 34 FROM SUBURBAN RESIDENTIAL TO GENERAL COMMERCIAL. WHEREAS, T 5N R 11W SEC 6 SEWARD MERIDIAN KN NORTH 150 FT OF GOVT LOT 34 is currently zoned Suburban Residential; and, 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; 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; and, WHEREAS, the City of Kenai Planning and Zoning Commission voted unanimously to recommend the property be rezoned to General Commercial during a public hearing held at their meeting on July 28, 2021. Ordinance No. 3236-2021 Page 2 of 2 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That pursuant to KMC 14.20.030 Establishment of Zones and Official Zoning Map, the official City of Kenai Zoning Map is hereby amended by rezoning T 5N R 11W SEC 6 SEWARD MERIDIAN KN NORTH 150 FT OF GOVT LOT 34 at KPB#04702011 from Suburban Residential (RS) to Genera[ Commercial (CG). Section 2. Severability: 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 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 151 day of September, 2021. ATTEST: MAYORBRIAN GABRIEL SR., Clerk Oft � f. Introduced: August 18, 2021 oG^!DEiD Enacted: September 1, 2021 Effective: October 1, 2021 New Text Underlined; [DELETED TEXT BRACKETED] KENAI ;((CVily,of Kenai 1 210 Fidalgo Ave. Kenai, AK 99611-7794 1907.283.7535 l www.6naixiky MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: August 10, 2021 SUBJECT: Ordinance 3236-2021 — Rezone Parcel KPB# 04702011 from Suburban Residential to General Commercial A completed application was submitted to the City requesting that parcel KPB# 04702011 T 5N R 11 W 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 only 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 acres, for a total of approximately 4.93 acres adjacent to the subject property. The requested rezone meets the criteria for an amendment. 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 U 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 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. The Kenai Planning and Zoning Commission considered this request during their meeting on July 28, 2021 and unanimously recommended City Council approve of the rezone request for T 5N R 11 W 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. The Planning and Zoning Commission recommended the property owner contact the City of Kenai Planning and Zoning Department to assign an address to the parcel. Thank you for your consideration. Attachment A: Rezoning Application Attachment B: Planning and Zoning Commission Resolution PZ2021-27 Attachment C: Parcel Map Page 2of2 J ", The City of Kenai I www.6nalxity F� Cily of Kenai Planning and Zoning DepeNnent Rezoning 210 Fidalgo Avenue X�W Application Kenai. AK 99411 (007) 263-8200 planning@knna�.ciry www. Vs�i.tilyrplemtng • Name: Kenaitze Indian Tribe Mailing Address: 150 Willow Street IciVlKenai State: I Ak jZIp Code: 199611 Phone Number(s): LION—S?� - 71.92 Email: dohler@kenafte.org PROPERTY• Kenai Peninsula Borough Parcel ff (a): 104702D11 Physical Address: 11823 Kenai Spur Highway Legal Description: T5 N R 11 W SEC 6 Seward Meridian KN North 150 Ft of GOVT Lot 34 Present Zone: Suburban Residential Proposed Zone: General Commercial Intended Use stWor Reason for Rezoning (attach additional sheets if necessary): To erect one existing and one new greenhouse for private use The area proposed to be rezoned contains a minimum of 1 acre (asduding sheet or alley rights NO YES of -way), unless the amendment enlarges an adjacent zoning district boundary. See attached This proposed amendment tothe zoning ordinance is not substantially the same as any other YES unapproved proposed amendment submOted within the previous 9 months. I understand a public hearing is required as outlined in the Kenai Zoning Code, a fee is required as posted In the City's Fee Schedule, and that this application will be reviewed following Kenai ® YES City Code 14.20.270, available at kenai.municipal.codestKMC/14.20.270. I have included a map of the proposed rezone area and applicable signatwes. ® YES The proposed Zoning Code and Official Zoning Map Amendments is Initiated by (check one): ❑ Kenai City Council ❑ Kenai Planning d Zoning Commission ® Petition of majority of the properly owners In the area to be rezoned ❑ Petition bearing the signatures of 50 registered voters within the City of Kenai ❑ Petition as provided by the Home Rule Charter of the City of Kenai -- , r P Signature; Printed Name Dawn Nelson, Ex cutive Director Date: �tla For City Use Ordy Date Application Fee Recetved: (02,51 Z 1 PZ Resolution Number. F2-7-67-1- 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 i 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. KENAI CITY OF KENAI PLANNING AND ZONING COMMI' 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 5N 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 1420.270, 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 11 W 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. VA d JEFF rAft, CHAIRPERSON ATTEST: '4 J MI HEINZ, MMC, CITY CL RK �O G�'OED KENA ORDINANCE 3236-2021 REZONING T 5N R 11W SEC 6 Seward Meridian KN North 150 FT OF GOVT Lot 34 KPB #04702011