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Home My WebLink AboutResolution No. PZ2025-264 KFNAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ2026-26 A RESOLUTION RECOMMENDING THE KENAI CITY COUNCIL AMEND THE OFFICIAL ZONING MAP BY REZONING THIRTEEN PROPERTIES ZONED WITH MULTIPLE ZONES AND ASSIGNING ONE ZONING DISTRICT PER PARCEL, TRACT, OR GOVERNMENT LOT. WHEREAS, the Planning Department has identified thirteen properties in the City that each have more than one zoning district, known as split zoning; and, WHEREAS, individual properties with multiple zones can cause ambiguity and confusion, hinder efficient development, and limit commercial financing opportunities; and, WHEREAS, there are no provisions in the Kenai Zoning Code to address which zoning regulations may take precedence in the event of conflicting guidance; and, WHEREAS, the property owners of the thirteen parcels, not owned by the City, have been contacted by the Planning Department and do not object to the proposed rezoning; and, WHEREAS, amendments to the Official Zoning Map may be initiated by Kenai City Council in accordance with Kenai Municipal Code (KMC) 14.20.270(b)(1)(A) Amendment Procedures; and, WHEREAS, the proposed rezone to the proposed zoning districts would eliminate thirteen (13) split zoned parcels within the City; 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, 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; and, WHEREAS, the Planning and Zoning Commission finds: 1. The rezone is consistent with the Imagine Kenai 2030 Comprehensive Plan and aligns with the Land Use Plan and addresses Goal 3 — Land Use: Develop land use strategies to implement a forward -looking approach to community growth and development. 2. The rezone would reduce confusion for landowners and administrative staff regarding allowable development on their parcels, allowing for the highest and best use of their land. Resolution No. PZ2025-26 Page 2 of 3 3. Administrative staff have developed procedures to ensure split zones do not occur in the future when land is subdivided. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That Kenai City Council amend the Official Zoning Map as follows: Parcel # Physical Lot Size Legal Description Zoning Address acres 04336023 280 Airport Way 10.0 Tract B, FBO Sub #3 [CG/IL] IL Marathon 04336044 2R8d 14.78 p1 Lot A, Baron Park 2006 Replat IL [CG/IL] 04336041 405 Marathon 9 97 Tract A, Baron Park Kenai [I L/C] IL Rd. Youth Addn 04520026 8195 Kenai Spur 2.05 Tract Al, Integrity Plaza II [CG/RS] CG Highway 5839 Kenai Spur 04923051 2'19 Lot 7A, Block 2, Valhalla [LC/RR] LC Highway Heights 2024 Addn 04901119 545 Bridge Access Road 0.86 Lot 2, Jahrig Subdivision [RS/IH] IRS 04901107 609 Bridge 3.34 Portion of Government Lot 5, [RS/IH] RS Access Road T 5N, R 11 W, Sec. 4 04318046 N. Willow St. 43.97 Tract C, FBO Sub #10 [ALI/IL] ALI 04701031 320 S. Spruce St. 7.41 Tract 2-A City Park Sub 2023 [RS/Ru] RU Replat 04910014 Kenai River Flats 616.9 Portions of Sections 8, 9 &17, T 5N [RR/C] C R 11W 04946002 1591 Boat Launch 12.06 Tract A, City of Kenai Boat Ramp & [�/C] WW Rd. ROW Dedication Government Lots 1 & 2, Lying East 04945008 1568 Beaver Loop 24.0 of Kenai River Rd Crossing & [IH/RR] RR Rd. South of Beaver Loop Rd Excluding USS 679 04901048 750 Lawton Drive 37.65 Govt Lot 2 Excluding Therefrom [ED/RR] ED Inlet View Sub Resolution No. PZ2025-26 Page 3 of 3 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 27T" DAY OF AUGUST, 2025. ATTEST: AGPANKS, PUTY CITY CLERK S641111'-, JEFF A , CHAIRPE SON w tk& r -rw cc., STAFF REPORT �. PLANNING &ZONING DEPARTMENT KP.NAI O: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director DATE: August 20, 2025 SUBJECT: Resolution PZ2025-26 — Rezone Thirteen (13) Parcels Zoned With Multiple Zones and Assigning One Zoning District Per Parcel, Tract, or Government Lot Request The Planning Department, through City Council (as sponsored by Councilman Douthit) are requesting a rezone of thirteen (13) parcels zoned with multiple zones and assigning one zoning district per parcel, tract, or government lot. Staff Adopt Resolution PZ2025-26 recommending approval of a rezone of Recommendation thirteen (13) parcels zoned with multiple zones and assigning one zoning district per parcel, tract, or government lot. Applicants: Kenai City Council Parcel # Physical Lot Size Legal Description Zoning Address acres 04336023 280 Airport Way 10.0 Tract B, FBO Sub #3 [CG/iL] IL 04336044 2R8dIL 1 Marathon 14.78 Lot A, Baron Park 2006 Replat [CG/iL] 04336041 405 Marathon 9 97 Tract A, Baron Park Kenai [IL/C] IL Rd. Youth Addn 04520026 8195 Kenai Spur 2.05 Highway Tract Al, Integrity Plaza II [CG/RS] CG 5839 Kenai Spur 219 04923051 Lot 7A, Block 2, Valhalla [Lc/RR] LC Highway Heights 2024 Addn 04901119 545 Bridge 0.86 Access Road Lot 2, Jahrig Subdivision [RS/IH] ES 04901107 609 Bridge 3.34 Portion of Government Lot 5, [RS/IH] RS Access Road T 5N, R 11 W, Sec. 4 04318046 N. Willow St. 43.97 Tract C, FBO Sub #10 [ALI/IL] ALI 04701031 320 S. Spruce St. 7.41 Tract 2-A City Park Sub 2023 [RS/Ru] RU Replat — 04910014 Kenai River Flats 616.9 Portions of Sections 8, 9 &17, T 5N [RR/C] C R 11W 04946002 1591 Boat Launch 12.06 Tract A, City of Kenai Boat Ramp & [WW/C] WW Rd. ROW Dedication Government Lots 1 & 2, Lying East 04946008 1568 Beaver Loop 24.0 of Kenai River Rd Crossing & [IH/RR] RR Rd. South of Beaver Loop Rd Excluding USS 679 04901048 750 Lawton Drive 37.65 Govt Lot 2 Excluding Therefrom [ED/RR] ED Inlet View Sub Upon review of the existing zoning in the City of Kenai, Planning & Zoning staff determined there were thirteen parcels within the city that had two or -more zoning districts applied within the boundaries of the parcel, tract, or government lot. The purpose of the rezone is to assign one zoning district per parcel, tract, or government lot (or portion thereof). This rezone will reduce ambiguity and confusion and ensure all existing parcels are readily evident as to their purpose and allowable, efficient development. As there are no provisions to determine which zone would take precedence in the event of conflicting guidance, it is determined this rezone would eliminate any confusion. The Planning & Zoning Department has developed new protocols to track potential rezoning needs in the future when land is subdivided. There will be no non -conforming uses created by the completion of this rezoning effort. This rezone also would not develop small, isolated zones. Each change enlarges an adjacent zoning district. For undeveloped parcels, proposed zones were determined by surrounding development types and/or the zoning of the majority of the parcel. For developed parcels, all uses are either permitted by right, or have an existing Conditional Use Permit. The Comprehensive Plan supports this rezoning in the following identified goal: Goal 3 — Land Use: Develop land use strategies to implement a forward -looking approach to community growth and development. • LU-3: Review existing zoning and subdivision codes to determine if they address current and future land uses adequately. Resolution No. PZ2025-26 Rezone Thirteen Parcels with Multiple Zones And Assigning One Zoning District per Parcel, Tract, Or Government Lot. Page 2 of 4 ANALYSIS Pursuant to KMC Section 14.20.270, the initiation of a Zoning Map Amendment may be initiated Kenai City Council. Existing and Proposed Zoning The existing zoning on the thirteen parcels is mixed with two or more zones. Finding: The intent of the Zoning Code is to establish boundaries that follow recognizable limits such as: • Center lines of streets • Platted lot lines • City limits or section lines • Shore lines or river banks Split zones violated these rules of interpretation and may allow conflicting land uses to be allowable within the same parcel. This confusion may delay development as staff, contractors, and landowners determine the appropriate path forward on each split zoned parcel. The proposed zoning is to apply the zone that currently covers the largest portion of the parcel, to choose one of the current zones that allows for the development by right, or, if requested by the landowner to enlarge a neighboring zoning district. Findinqs: The intent of this rezone is not to change the use of the land as it currently is being used. This rezone would apply one of the current zones across the entire parcel, tract, or government lot. Only at the request of a landowner, would a change to the zoning be made and only if it enlarges a neighboring zoning district on land they also own. No non -conforming uses would be created as a result of this rezoning action. Furthermore, no "spot" zones or small, isolated zoning districts would be created. Comprehensive Plan Goal 3, Objective 3 in the Imagine Kenai 2030 Comprehensive Plan ("Comprehensive Plan") states the following: Review existing zoning and subdivision codes to determine if they address current and future land uses adequately. Findings-. The Planning Department has determined that split zones, while not explicitly prohibited by Kenai Municipal Code, do allow for confusion when landowners seek to develop or otherwise improve their property. Conflicting land uses and development requirements allow for potential confusion and incorrect interpretation. The City of Kenai's administration strives to reduce or eliminate barriers to development, and streamlining the development process by eliminating split zones allows for faster processing of building permits and other related documents. Resolution No. PZ2025-26 Rezone Thirteen Parcels with Multiple Zones And Assigning One Zoning District per Parcel, Tract, Or Government Lot. Page 3 of 4 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. Public and landowner comments have been received, and are attached to this report. STAFF 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 thirteen parcels listed above. Planning & Zoning Commission's recommendation will be forwarded to City Council for consideration. ATTACHMENTS Document with Split Zoned Parcels and Recommendations Letters of Support from Public and/or Landowners Resolution No. PZ2025-26 Rezone Thirteen Parcels with Multiple Zones And Assigning One Zoning District per Parcel, Tract, Or Government Lot. Page 4 of 4