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HomeMy WebLinkAboutResolution No. PZ2023-19t / KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ2023-19 A RESOLUTION RECOMMENDING THE KENAI CITY COUNCIL APPROVE THE REZONE FROM GENERAL COMMERCIAL (CG) TO SUBURBAN RESIDENTIAL (RS) ZONING DISTRICT FOR THE FOLLOWING PROPERTIES AND AS DEPICTED ON THE ATTACHED BOUNDARY MAP. Parcel No. Address Lot Size 04317028 1202 First Avenue 0.49-acre 04317029 1206 First Avenue 0.31-acre 04317030 1204 First Avenue 0.31-acre 04317013 103 Birch Street 1.25 acres Legal Description Lot 1, Letzring 1985 Subd. of Gov. Lot 169 Lot 2, Letzring 1985 Subd. of Gov. Lot 169 Lot 3, Letzring 1985 Subd. of Gov. Lot 169 Govt Lot 170 WHEREAS, the City of Kenai received a rezone application from the majority of property owners in accordance with Kenai Municipal Code (KMC) Section 14.20.270 Amendment procedures; and, WHEREAS, the area proposed to be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way); and, WHEREAS, the proposed amendment to the zoning ordinance is not substantially the same as any other unapproved proposed amendment submitted within the previous nine (9) months; and, WHEREAS, a map has been included of the proposed rezone area and applicable signatures; and, WHEREAS, the City of Kenai Planning and Zoning Department conducted a duly advertised public hearing, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: The current zoning district, CG allows for the widest range of commercial and industrial uses compared to other commercial zoning districts. The existing CG zone is not compatible land use for this area since there are existing residential uses to the north and east of the proposed rezone area and an existing single-family dwelling in the proposed rezone area. Resolution No. PZ2023-19 Page 2 of 2 2. The rezone to RS zone would increase the adjacent RS zoning district, which it is anticipated that it would be developed in junction with the surrounding residential uses to the north and east., Therefore, minimizing potential impacts of commercial development on existing residential uses. 3. The existing land use classification states a compatible mix of residential and commercial uses. It is anticipated that this area will become residential uses. In the RS zone, several commercial uses are permitted subject to a Conditional Use Permit as listed in KMC Section 14.22.010 Land Use Table. The proposed rezone to RS zone would be consistent with the Mixed -Use land use classification as identified in the Comprehensive Plan. 4. The proposed rezone to RS would align with the current low to medium density residential character of the neighborhood. 5. The proposed rezone to RS zone would make the existing single-family dwelling compliant with the zoning district. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That Kenai City Council approve the rezone request for the properties located at 1202, 1204, and 1206 First Avenue and 103 Birch Street from General Commercial (CG) to Suburban Residential (RS) zoning district. Section 2. That the Commission will forward its written recommendation to the Kenai City Council, along with all certified minutes and public records relating to the proposed amendment. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 8T" DAY OF NOVEMBER, 2023. J JEFrTWkt, CHAIRPERSON ATTEST: Meghan ThibodeaLl, Deputy City Clerk KENAI Resolution PZ2023-19 Rezone from CG to RS 1202, 1204, and 1206 First Avenue And 103 Birch Street Date Printed: 11/s/1023 N Map far Reference Only NOT A LEGAL DOCUMENT 0 80 160 320 Feet C lov 10, STAFF REPORT 171w PLANNING &ZONING DEPARTMENT KF-NA1 TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: November 8, 2023 SUBJECT: Resolution PZ2023-19 — Rezone Four (4) Parcels from General Commercial (CG) to Suburban Residential (RS) Zoning District Request Staff Recommendation Applicants: The applicants are requesting a rezone of four (4) parcels from General Commercial (CG) to Suburban Residential (RS) Zoning District. Adopt Resolution PZ2023-19 recommending approval of a rezone of four (4) parcels from General Commercial (CG) to Suburban Residential (RS) Zoning District. Nancy and Michael Wiles 1206 First Avenue Kenai, AK 99611 Parcel No. Address Lot Size 04317028 1202 First Avenue 0.49-acre 04317029 1206 First Avenue 0.31-acre Five D Investments LLC c/o Ken Dunbar P.O. Box 969 Kenai, AK 99611 Legal Description Lot 1, Letzring 1985 Subd. of Gov. Lot 169 Lot 2, Letzring 1985 Subd. of Gov. Lot 169 04317030 1204 First Avenue 0.31-acre Lot 3, Letzring 1985 Subd. of Gov. Lot 169 04317013 103 Birch Street 1.25 acres Govt Lot 170 Current Zoning: General Commercial (GC) Proposed Zoning: Suburban Residential (RS) Current Land Use Single -Family Residence, Accessory Structures, and Vacant Parcels Land Use Plan Mixed -Use SUMMARY The applicants are seeking to rezone properties located at 1202, 1204, and 1206 First Avenue and 103 Birch Street from General Commercial (CG) to Suburban Residential (RS) zoning district. The purpose of the rezone is to allow additional affordable housing rather than commercial use on the subject parcels. For the parcel located at 103 Birch Street, the property owner intends to subdivide and construct a single-family dwelling unit on each lot. In the applicants' letter, it is indicated that 103 Birch Street would be subdivide and four (4) single-family homes would be constructed. However, Planning staff received the preliminary plat and it shows a 5-lot subdivision. The preliminary plat is subject to compliance with KMC Chapter 14.10 Subdivision Regulations and would come before the Planning & Zoning Commission for review/recommendation at a later time contingent on the decision of the rezone. If approved, the zone change would allow a residential use as a principal use, whereas under the existing zone, CG, a residential use is only permitted as a secondary use. ANALYSIS Pursuant to KMC Section 14.20.270, the initiation of a Zoning Map Amendment may be initiated by a majority of the property owners in the area to be rezone. Furthermore, the area to be rezoned contains a minimum one (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary. Three (3) out of the four (4) parcels are under the same ownership with the remaining parcel owned by a different property owner. Both property owners jointly applied for the rezone; therefore, meeting the initiation of a rezone application. To further support their request, the applicants have provided a list of signatures from surrounding property owners/residents to support their rezone petition. The combined area of the rezone is approximately 2.36 acres, which exceeds the minimum one (1) acre requirement for a zoning map amendment and it would expand the adjacent Suburban Residential zoning district to the north and east of the proposed rezone area. Existing and Proposed Zoning The existing zoning is General Commercial (CG) and the intent as outlined in KMC Section 14.20.120 states the following: The CG Zone is established 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 to prevent any uses which would have an adverse effect upon nearby properties. New single- and two (2) family residential uses and other noncommercial uses, except as otherwise provided in this chapter, are not permitted in this zone as principal uses because it is intended that land classified in this zone be reserved for commercial purposes, and because a commercial zone is not suited to the uses excluded above. Finai,_ The proposed rezone area is surrounded by a commercial office/warehouse with outdoor storage to the west, residential uses to the north and east, and a commercial center, known as Swanson Square to the south across First Avenue. The current zoning, CG prohibits single-family and two-family residential uses unless it is a secondary use according to the land use table found in KMC Section 14.22.010 as shown below (highlighted in yellow). Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 2 of 6 LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU RESIDENTIAL One -Family N C18 P P P P P P p21 51 S2 S2 C22 P P P SVC21 Dwelling Two-, Three- N C18 P P P P P P p21 S1 C C C22 P P P SVC21 Family Dwelling Four -Family N C18 P 0,29 P N N P p21 S1 C C C22 N P C S7/C21 Dwelling Five-, Six- N Ct8 C3 N P N N P p21 S1 C C N N P C SVC21 Family Dwelling Seven- or N C18 C3 N 0 N N P P21 S' C C N N P C SVCzt More Family Dwelling Footnotes: 1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC Chapter 14.25 shall include any secondary uses in the landscaping and site plans. Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 3 of 6 In addition, CG zone allows for the widest range of commercial and industrial uses compared to other commercial zoning districts. The existing CG zone is not a compatible land use for this area since there are existing residential uses to the north and east of the proposed rezone area and an existing single-family dwelling in the proposed rezone area. While the site plan/landscaping review is intended to provide adequate buffers, transitions, and impacts between commercial/industrial uses and residential uses, this could be further implemented through a suitable zoning designation. The intent of the CG zone is not compatible with the existing residential uses in the adjacent RS zoning district to the north and east. There are other restrictive commercial zoning districts that allows residential use as a principal use but it would provide a disconnect between the existing CG zone to the west of the proposed rezone area. The proposed zoning is Suburban Residential (SR) and the intent as outlined in KMC Section 14.20.090 states the following: The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy, (2) To prohibit uses which would. (A) Violate the residential character of the environment, (B) Generate heavy traffic in predominantly residential areas. Findings. The rezone to RS zone would increase the adjacent RS zoning district, which it is anticipated that it would be developed in junction with the surrounding residential uses to the north and east. Therefore, minimizing potential impacts of commercial development on existing residential uses. As noted by the applicants, there is a need for additional housing and this rezone would allow for residential uses without going through additional planning processes. Comprehensive Plan — Land Use Classification The existing land use classification is Mixed -Use and the intent as outlined in the Imagine Kenai 2030 Comprehensive Plan ("Comprehensive Plan") states the following: Mixed use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses are co -located in an integrated way that supports sustainable forms of transport such as public transport, walking and biking, and increases neighborhood amenities. Compatibility issues are addressed through careful site layout and building design. Ymaings. The existing land use classification states a compatible mix of residential and commercial uses. It is anticipated that this area will become residential uses. In the RS zone, several commercial uses are permitted subject to a Conditional Use Permit (see attached Land Use Table). The proposed rezone to RS zone would be consistent with the Mixed -Use land use classification as identified in the Comprehensive Plan. Therefore, an amendment to the land use map in the Comprehensive Plan is not required. During the 2016 Comprehensive Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 4 of 6 Plan update, City Council passed Ordinance No. 2908-2016, approving and adopting a revised 2030 Comprehensive Plan updated in 2016, which shows that the draft land use plan map included in the Ordinance packet but it was not carry into the final version of the Comprehensive Plan (see attached draft Land Use Plan map). This is important to note the correct land use classification because it determines whether an amendment to the Comprehensive Plan is required. If it was classified as General Commercial as it is shown in the final version, then the City would need to make the findings for the Comprehensive Plan amendment in addition to the rezone of the zoning district. The Comprehensive Plan supports this rezoning in the following identified goal: Goal 1— Quality of Life: Promote and encourage quality of life in Kenai. • Q-4: Promote the siting and design of land uses that are in harmony and scale with surrounding uses. Findings: The proposed rezone to IRS would align with the current low to medium density residential character of the neighborhood. Existing Use In the proposed rezone area, the only existing principal use is a single-family dwelling on the property located at 1206 First Avenue, which is adjacent to the storage yard for the commercial office/warehouse in the northwest corner of N. Spruce Street and First Avenue. Findings. The proposed rezone to IRS zone would make the existing single-family dwelling compliant with the zoning district. Under the existing CG zone, the existing residence is considered a non -conforming use since residential use is not permitted to be a principal use. Therefore, any expansions or alterations of the residence would be subject to KMC Section 14.20.050 Nonconforming lots, structures, and uses. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280 notices of the public hearing for the rezone were mailed to property owners within a three hundred -foot (300') periphery of the subject properties. City staff published notice of the public hearing in the Peninsula Clarion, and notification was posted. No public comments have been received as -of -date. This rezone request was previously advertised as a public hearing for Planning & Commission meeting held on October 25, 2023. Due to discrepancies discovered by Planning staff, a staff report and resolution was not included in the packet. Therefore, no action was taken at the public meeting. However, due to the advertisement of the proposal as a public hearing, public testimony was opened and the applicant, Nancy Wiles was present to support the rezone request. In addition, Mr. Keith Shaffer, resident at 104 Birch Street was in support of the rezone to residential. TAFF RECOMMENDATION Based on the findings and analysis in this staff report, Staff recommends the Planning & Zoning Commission recommend approval of the rezone request for the properties located at 1202, 1204, and 1206 First Avenue and 103 Birch Street from General Commercial (CG) to Suburban Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 5 of 6 Residential (RS) zoning district. Planning & Zoning Commission's recommendation will be forwarded to City Council for consideration. ATTACHMENTS Zoning Map Application Materials Application Letter of Intent Aerial Map Petition Signature List KMC 14.22.010 Land Use Table Draft Land Use Plan Map Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 6 of 6 KENAI Resolution PZ2023-19 Rezone from CG to RS 1202, 1204, and 1206 First Avenue And 103 Birch Street Date Printed: 11/s/1023 N Map far Reference Only NOT A LEGAL DOCUMENT 0 80 160 320 Feet rig RECENEa CITY W K ^_i; City of Kenai ' R@Zon i n Cf� 9 SEP 1 Application Planning and Zoning Department 210 Fidalgo Avenue j Kenai, AK 99611 283-8200 Planning g Z4...,. t907) planning@kenai.city www.kenai_citylplanning Name: ' Mailing Address: City: I State: I IZip Code: Phone Number(s): r [ - Email: .: r•sr c. � s Kenai Peninsula Borough Parcel # (s): Physical Address: _ A IT 6c 14 f Legal Description: Present Zone: ' Proposed Zone: S w +zs. i i 0- Intended Use and/or Reason for Rezoning (attach additional sheets if necessary): S G ATcA-cA{E"o The area proposed to be rezoned contains a minimum of 1 acre (excluding street or alley rights- YES 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 tKYES 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 reviewed following Kenai City V YES 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): ❑ Kenai City Council ❑ Kenai Planning & Zoning Commission Petition of majority of the property 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 Signature: . - (A) a' Printed Name: L W- O f 4. Date: - Date Application Fee Received: For City Use Only PZ Resolution Number: Rezoning Application Nancy & Michael Wiles 1206 First Avenue Kenai, AK 99611 (907) 398-6613 nlxAles hotmaiLcorrm Ken Dunbar P.O. BdQ69 Kenai, AK 99611 (907) 947-3000 kdunbar@dunbarandsons.com Kenai Peninsula Borough Parcel Numbers/Physical Address/Legal Description: 04317028 1202 First Ave T 6N R 11W SEC 31 Seward Meridian KN 0850055 Letzring 1985 SUB OF GOUT LOT 169 LOT 1 04317029 1206 First Ave T 6N R 11W SEC 31 Seward Meridian KN 0850055 Letzring 1985 SUB OF GOUT LOT 169 LOT 2 04317030 1204 First Ave T 6N R 11W SEC 31 Seward Meridian KN 0850055 Letzring 1985 SUB OF GOUT LOT 169 LOT 3 04317013 103 Birch St T 6N R 11W SEC 31 Seward Meridian KN GOVT LOT 170 Intended Use and/or Reason for Rezoning: As property owners of the above lots, we request they be rezoned from Central Commercial to Suburban Residential. It is our belief that the community is better served with additional affordable housing rather than commercial use in this area. As attested by the 56 neighborhood signatures (as well as our two), our neighbors agree and wish to have homes built in this area. Rezoning to SR would bring this section of the block into alignment with the current neighborhood. Mr. Dunbar wishes to subdivide and build four single family homes on the 103 Birch St. lot. The City would benefit from having the additional tax base of the completed homes, as well as the income from water and sewer utilities. The community would benefit by having affordable rental properties in a convenient location. The Wiles originally Purchased 1202 and 1204 First Ave. in order to be able to gift or sell a lot to each of their children in order to build a home or cabin. There is the potential of two more homes being built. They have lived in the home at 1206 First Avenue since 1985. � 2 k � ■ $ All ! k 2 { 5 | 2 & 2 & $� E� �. ¥ �.. . �.. PETITION TO REZONE Ill a1 plate Subject Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) The property at 1202, 1204,1206 First Avenue and the adjoining lot at 103 Birch Street are currently zoned General Commercial. We request this land be rezoned to Suburban Residential to bring it into alignment with the majority of the surrounding area. We welcome the opportunity to have more homes built in our neighbourhood, and see no need for commercial property at this site as there is plenty of land zoned commercial in more appropriate areas of Kenai. Name: U Address: J) b iz}irnkk 54 - Signature: Name: � '114 .514fa F'P`4K Address: to f4 69.-- 5�, Name: � u Address: Signature:' fY Name: V 6 J(:) C t O. Address: Signature: Name: �.a Address: ,s�'� Signature: lDwe(- sk, I � at, Q-7 ® templatelab.com PETITION TO REZONE k . mp1ateLAB Subject Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the comer of Birch Street and First Avenue. (Government lot 170 and Letzring Subdivision, f6rmerly Government lot 169) Name: 9 1 (, vo 4rttj Cj Ckcl U Address: N Signature -k Name: Address. Signature: Name: CcS 'a Address: gog 'Ilk Signature'. & , 'Sam oe-, Name:() (x Address: Signature: - Name. Address; Signature. Name: '71 Address: Lt Signature: fo 0 templatelab.com I 9!Y PETITION To REZONE emplace Subject Matter; We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) Name: , Address:WR� Signature: d /" Name: 1114 AA-M DA ( C, Lr Address: 2-0 OW-C H ST` (` -f,-T Signature: Name: cY'F-41 f1vu, Address: ol� P �, )-z Signature: Name: Address:( Signature: �1 ryVt 1 wx >J U- Lk �' Name: © � �`t Address: Signature: Name: Address:` Signature: is 0 templatelab.com 41/)( PETITION. TO REZONE Cr rev 1` +r a —LAB Subject Matter.- We petition the City of Kenai to Amend the Kerkw Zoning Code and the Official Map for Property at the corner of Birch Street and first Avenue. (Government lot 170 and Letzring Subdivision, formerly Government lot 1.69) Name: Ri5V&V+ �Y L�--`✓ Address: �:..........,..�1 _ Thy � Name: Address: �a 1, q�lrs`�a r d JQ Signature: )a4- Name, Address: Signature:,�� �,ry Name: �{/(� H'l,.im Address, jQ•1 i Y j, A v - Signature: 01 140t Name: `Vrt,1'V l 5&-1 Address: a� �: �.f ' r Stgrtiature,-='� Name: M44AA-1-- Address: Signature: 9 V1 Q I 0 templatelab.com r PETITION. TO REZONE f "O 6Y '. eLAB 5ubiec+� Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the official Map for Property at the corner of Birch Street and First Avenue. (Government rot 170 and Letzring Subdivision, formerty Government lot 169) Name: Address: 7 Slgnattire: Name: f f Address: l� js�JLN 5 Signature: -, Name: �r�1��i � �D�tSYI Signature - Name. 00-VI �C Address: oz 151,-Ck Signature: �1 Name: `'fit-A� Address: kW'r;2�Y'�n Signature:_;' Name: ai;W,f, Address: Signature: "'qA 0 templatetab.com PETITION TO REZONE a ry rr %jMpWeLAB Sub'est Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and Fiat Avenue. (Government lot I70 and Letxring Subdivision, formerly Government lot 169) Name; Address: ° �b , rc:� :- Signature: Name: Address; 401C p? It Ca Signature: ;✓ �1 Name: Address: , i I E jt— (� i Lc � s � qqo f Signature: 32- Name: "'} ALt0t7 & C�� Address: 11 / 1 jr;Y 67- KOtUA: of- Signature:4 Name:Wlfo-h; Address: f �`'� � �. Name: Address: A: 0-11 Signature` , We e S� 0 ternpiatelab.com PETITION TO REZONE Subiect Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the comer of Birch Street and First Avenue. (Government lot 170 and l.etxring Subdivision, formerly Government lot 169) Name: V4ENNA /)I, - k'irARIN GEhl Address: 1 Q -7 Signature:A '% t r d fV ; a- hc�K Name:�� � � � 5/ — a Address: ke Signature: Name: Address: i o Signature, . 0,/,Y\cu I irk �46/( Name: �17.Y t �ts�sv Z Address: D� 041 A �P - Signature: 61�k4 LA) �\"" 44r`r4 Name: 6AoVA5 ?1 kCYe!/t9 , Address: I AC) j �Ifh Axe j 1<'4 i lo�- I Signature: Name: 1 � 1R-Q'+-X (C-0 D W +, ko-rk- Cr" Address: 14+k Ave-, {z : AK , Signature: G� 0 tempiatelab com PETITION T4 REZONE Subject Matter. We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) Address: 1� 13 C.,\,dl c : K,,- m Art- c! 4 (211 Signature.���� Name:C' Address. 3 i l�Jbl x� signature: ��1 43 Name: c,,, Address. Name: l (,'r � he 310 -K G 1 Address: Signature: f✓�— L,.� �5 Name: :'t Q in 0 it (A Address: i�P`_ Il Iq $ignature: A 1Z [dame: M + "i 1 ,14 0 ee � Address: "3 / t m p � � 71� I`� �'��/� - Signature: ® templatelob.com 'N" PETITION TO REZONE . -v r1 WteLAB Sub ject Uatter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. (Government lot 170 and tetzring Subdivision, formerly Government lot 169) Name: 0 ef>nAL L'u, s5v k Address: 1-Lia dam^ }tueu:, AVM �16kl Signature: 1 Name: WPYLL,n, IAPN\ Address: l-1. r a roJ "- hJ F, K&A t kV Rq b i l Signature: Name: P"', Address: 11J'1, 46 "� Ai r , �'c�t.r• lk Signature: Name: e"X10- C6 Address: I j_i = l Qy+�� t A� �e Signature.� Name. CO(J& Address:Signature: Name: WA PE / 0,(C,,Ar Address: r! t Q r fC VS 1C��tlA ` Signature: 0 templatelab.com PETITION TO REZONE Subiect Matter: -We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue, (Government tot 170 and Letzring Subdivision, formerly Government lot 169) Name: 1 ' GV A\0 L,, �1 w` LA -" Address: C�tvc Signature: Name-,, Address: ��(� Zr\ Av-?- Signature: nl- m Name: 64,4-nd �Q.►'" J Address: Signature ,(, A', �"A k°k Person lodging this petition is: Name: Uavi C- W i le. S Address: i�i L�, -F►/5 V oz- Signature: &4v"7 vi Kerw.'t Ai< 9%r1 Person lodging this petition is: �,sy `� Name: "l r Address: Signature: �y 0 templatelab.cam KMC 14.22.010, Land use table 14.22.010 Land use table. LAND USE TABLE KEY- P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted Page 1 of 9 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU RESIDENTIAL One -Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21 Two-, Three -Family Dwelling N C18 P P P P P P p21 S1 C C C22 P P P S1/C21 Four -Family Dwelling N C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C21 Five-, Six -Family Dwelling N C18 C3 N P N N P p21 S1 C C N N P C S1/C21 Seven- or More Family Dwelling N C'8 C3 N C3 N N P P2' S1 C C N N P C S'/C21 Mobile Home Parks' N N C N C C C C C C C C N C N N C Planned Unit Residential Development' ' N C18 C C29 C C C C C C C C N C C C C Townhouses' N C18 0 029 C3 0 C3 C3 C C C C C22 C C C C Accessory Building on Parcel Without Main Building or Use (See N N C C C C C C N N N N N N C N N The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. KMC 14.22.010, Land use table Page 2 of 9 KMC i COMMERCIAL Airport Compatible Uses P N N N N N N N C C C C N N N C C Adult Businesses N N N N N N N N p31 P31 P31 P31 N N N N N Automotive Sales C N C N N N N C P P P P N N N N P Automotive Service Stations C N C N N N N C P P P P N C N N P Banks C N C N C N N C P P P C N C C C P Business/Consumer Services C N C C C N N C P P P C N C C C P Commercial Recreation N N C N C N N C P P C C N P C C P Guide Service C N C N C N N C P P P P N P P C P Hotels/Motels C N C N C N N C P P P C N C P C P Lodge C N C N C N N N C P P P C N P P C P Marijuana Cultivation Facility, Limited30 N N N N N N N N C C C N N N C N Marijuana Cultivation Facility, Standard30 N N N N N N N N N C C C N N N C N Marijuana Product Manufacturing Facility3o N N N N N N N N N C C C N N N N N Marijuana Testing Facility30 N N N N N N N N C C P P N N N C C Professional Offices C N C' C C N N P P P P P N C P P P The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. KMC 14.22.010, Land use table Page 3 of 9 Restaurants C N C N C N N C P P P C N C C C P Retail Business C N26 C N C N N C P P P P S24 S24 C C P Retail Marijuana Store30 N N N N N N N N N C C C N N N C C Theaters N N C N C N N C P P C C N P C C P Wholesale Business C N C N C N N C C P P P N S24 C C N INDUSTRIAL Airports C P20 C N C N N C C C C C N C N N C Necessary Aviation Facilities P P C C C C C C P P P P C P C P P Automotive Repair P N C N C N N C P P P P N N N N P Gas Manufacturer/Storage C9 N N N C N N N N N C9 C9 N N N N N Manufacturing/Fabricating/Assembly P N C N C N N C C P P P N C C N C Mini -Storage Facility C N C N C N N C C P P P N N N C C Storage Yard C N C N C N N C C P P P N N N N C Warehouses C N C N C N N C N P P P N C N N N PUBLIC/INSTITUTIONAL Assisted Living N C C C C C C C C C C C C C C C C Churches* N C P10 P10 P10 P10 P10 P10 P10 p10 C C P P10 P P P Clinics N C C N C C C C P P P C C C C P P The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. KMC 14.22.010, Land use table Page 4 of 9 Colleges* N C C C29 C C C C P P C C P C C C P Elementary Schools* N C C C29 C C C C P P C C I P C C C P Governmental Buildings P C C C29 C C C C P P P C P C C P P High Schools* N C C C29 C C C C P P C C P C C C P Hospitals* N C C N C C C C P P P C C C C C P Libraries* N C C C29 C C C C12 P P P C P C P C P Museums C C C C29 C C C C P P P C P C P C P Parks and Recreation N P C C29 C C C C P P P P P P P C P MISCELLANEOUS Animal Boarding/Commercial Kennel13 C C C N C C N N C C C C N C N C C Assemblies15 (Large: Circuses, Fairs, etc.) P C C N C C C C P15 P15 p15 P15 P15 C P N p15 Bed and Breakfasts N C C C C C C C C C C C N P C C P Cabin Rentals N C C N C N N N P P P C N P P C P Cemeteries P C C N C N N N N C C C N C C N N Communications Towers and Antenna(s), Radio/TV Transmitters/Cell Sites** 28 C P C N C C C C P P P P P C C C C Crematories/Funeral Homes N N C N C N N C C C C C N C C C C The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023, KMC 14.22.010, Land use table Page 5 of 9 Day Care Centers12 N C C C21 C C C C P P P C C C C P P Dormitories/Boarding Houses N C C N C C C P p21 S C P p23 C C C P Essential Services P P P P P P P P P P P P P P P P P Farming/General Agriculture*** N P P N N N N N N N N P N P N N N Fraternal Organizations/ Private Clubs/Social Halls and Union Halls N N C N C C C C P P P C N C P C C P Greenhouses/Tree Nurseries13 N C C N C C C C P P P C N C C P Gunsmithing, Taxidermy N N C C C C C C P P P P N C P P P Nursing, Convalescent or Rest Homes N N C N C C C C P P C C C C C C P Parking, Public Lots12 C C C N C C C C C C C C C C C C C Personal Services25 N C C N C C C C P P P P C C P P/C27 P Recreational Vehicle Parks N C C N C N N C C C C C N C C N C Subsurface Extraction of Natural Resources16 C C C C C C C C C C C C N C N N N Surface Extraction of Natural Resources17 C C C N C N N C N C C C N C N N N * See 42 U.S.C. Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) ** See 42 U.S.C. Telecommunications Act of 1996, Sec. 704(a) *** See, however, the limitations imposed under KMC 3.10.070 Footnotes: The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. KMC 14.22.010, Land use table Page 6 of 9 1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC Chapter 14.25 shall include any secondary uses in the landscaping and site plans. 2 One (1) single-family residence per parcel, which is part of the main building. 3 Allowed as a conditional use, subject to satisfying the following conditions: a The usable area per dwelling unit shall be the same as that required for dwelling units in the RS Zone; b The site square footage in area must be approved by the Commission; c Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR Zone; d Water and sewer facilities shall meet the requirements of all applicable health regulations; e The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities, g There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i The property adjacent to the proposed dwelling group will not be adversely affected. 4 See "Townhouses" section. 5 See "Mobile Homes" section. 6 Allowed as a conditional use, subject to "Mobile Homes" section; and provided, that any mobile home park meets the minimum Federal Housing Authority requirements. 7 See "Planned Unit Residential Development' section. 8 Allowed as a conditional use; provided, that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9 Allowed as a conditional use; provided, that all applicable safety and fire regulations are met. 10 Provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. KMC 14.22.010, Land use table Page 7 of 9 11 Allowed as a conditional use; provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line; and provided further, that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12 Allowed as a conditional use; provided, that the following conditions are met: a The proposed location of the use and the size and characteristics of the site will maximize its benefit to the public; b Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13 Allowed as a conditional use, provided, that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. Animal boarding and commercial kennels require a kennel license (see KMC Chapter 315 14 Allowed as a conditional use; provided, that no indication of said use is evident from the exterior of the mortuary. 1 S Allowed; provided, that the following conditions are met: a An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16 See "Conditional Uses" section. 17 See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 18 Conditional use allowed only on privately held property. Not allowed on government lands. 19 Reserved. 20 The airport -related uses allowed under this entry are aircraft approach and departure zones pursuant to KMC __ ._. except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, taxiways or parking aprons, FAA authorized uses are allowed. 21 Developments for use shall be the same as those listed in the Development Requirements Table for the RU/TSH Zones. 22 Allowed as a conditional use in conjunction with a permitted use in the ED Zone. For example, housing for teachers or students for a school in the zone. 23 Allowed as an accessory use in conjunction with a permitted use in the ED Zone. For example, a dormitory used to house students for a school or educational facility. The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. KMC 14.22.010, Land use table Page 8 of 9 24 Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25 Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26 Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27 Personal services not set forth in the below matrix are conditional uses. Limited Commercial Zone Personal Services Permitted (P) Conditional Use (C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Fitness Centers X Massage Therapist X Photographic Studios X Self -Service Laundries X Tailors X Tanning Salons X Tattoo Parlors X 28 Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC. are met or a conditional use (C) if the applicable conditions set forth in KMC _ and _ _ _ are met. 29 Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from: (a) driveway access on the Kenai Spur Highway, or (b) driveway access from a dedicated right-of-way and that driveway access is not more than two hundred seventy-five (275) feet as measured from The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. KMC 14.22.010, Land use table Page 9 of 9 the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing/survey of the parcel. 30 See marijuana regulations, KMC 14.20.230-Home Occupations, -Definitions, -Standards for commercial marijuana establishments. 31 See KMC 14.20.175-Adult businesses; no adult business may be located within one thousand (1,000) feet of another adult business, or sensitive use. "Sensitive use" means a church or other place of worship, a public or private school (licensed pre-K through twelfth grade) or businesses where or areas where youth are likely to be present (limited to public parks, youth recreational centers, public playgrounds, public libraries). (Amended during 7-7-99 supplement; Ord. 1862-2000; Amended during 12-1-00 supplement; Ords. 1911-2001, 1938-2001, 1956-2002, 1962-2002, 1990-2003, 1994-2003, 2053-2004, 2081-2005, 2112-2005, 2113-2005, 2144-2006, 2152-2006, 2185-2006, 2195-2006, 2246-2007, 2272-2007, 2403-2009, 2425-2009, 2546-2011, 2610-2012, 2649-2012, 2688-2013, 2784-2014, 2870-2016, 2884-2016, 3025-2018, 3056-2019, 3083-2019 (Substitute), 3363-2023) The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. City Website: www.kenai.city City Telephone: (907) 283-7535 Hosted by, Code Publishing Company, A General Code Company The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. r MAW..EE