Loading...
HomeMy WebLinkAboutResolution No. PZ2026-08 1.w KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ2026-08 A RESOLUTION RECOMMENDING THE KENAI CITY COUNCIL APPROVE THE REZONE FROM CONSERVATION (C) TO RURAL RESIDENTIAL (RR) ZONING DISTRICT FOR THE FOLLOWING PROPERTIES AND AS DEPICTED ON THE ATTACHED BOUNDARY MAP. Parcel No. Address Lot Size Legal Description T 6N R 11W SEC 33 SEWARD 04501057 10060 Kenai Spur Hwy. 81.0 acres MERIDIAN KN W1/2 LYING N OF KENAI SPUR HWY& E OF MARATHON RD EXCL ALL BARON PARK SUBS & KENAI INDUSTRIAL PARK SUB ___ WHEREAS, the property located at 10060 Kenai Spur Highway and known as Kenai Peninsula Borough Parcel number 04501057, as described above, is currently zoned as Conservation (C); and, WHEREAS, Kenai Municipal Code (KMC) 14.20.070 intends the Conservation Zone to apply to areas which should be preserved primarily as open areas and as watersheds and wildlife reserves. Airport and related uses have been included in this zone to allow for the reservation of aircraft approach zones; and, WHEREAS, the City of Kenai applied to the Federal Aviation Administration (FAA) Alaska Region for a deed of release to remove FAA restrictions on an 81-acre parcel located east of the airport; and, WHEREAS, the Deed of Release was approved by the FAA removing the aforementioned restrictions and was recorded on September 15, 2025; and, WHEREAS, the City recognizes that upland portions of the larger parcel may be desirable for new residential development near existing subdivisions; and, WHEREAS, the metes and bounds description of the portion of KPB 04501057 is as follows: Commencing at the center '/ corner of Section 33, Township 6 North, Range 11 West, Seward Meridian as shown on Plat K-1447, Kenai Recording District, thence S0005'00"E 660 feet to point No. 1, the TRUE POINT OF BEGINNING; thence S89°55'00"W 410 feet to point No. 2; thence Resolution No. PZ2026-08 Page 2 of 3 N0005'00"W 1,980 feet to point No. 3; thence N89055'00"E 410 Feet to point No. 4; thence SO°05'00"E 1,980 feet more or less to point No. 1, the TRUE POINT OF BEGINNING, containing approximately 18.636 acres. WHEREAS, the City of Kenai is initiating an amendment to the Kenai Official Zoning Map through the Kenai Planning & Zoning Commission in accordance with KMC Section 14.20.270(b)(1)(B) - 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, WHEREAS, at their regularly scheduled meeting held on February 25, 2026, the City of Kenai Planning and Zoning Commission recommended approval of the rezone, but recommended the property to be rezoned to Rural Residential 1 (RR1) instead of Suburban Residential as proposed by Administration; and, WHEREAS, at their regularly scheduled meeting held on March 18, 2026,the City Council referred Ordinance 3510-2026 to the Planning & Zoning Commission; and, WHEREAS, at their regularly scheduled meeting held on April 1, 2026, the City Council referred Ordinance 3510-2026 Substitute to the Planning & Zoning Commission; 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: 1. The current zoning district, Conservation (C) is intended to apply to areas which should be preserved primarily as open areas and as watersheds and wildlife reserves. Airport and related uses have been included in this zone to allow for the reservation of aircraft approach zones. The existing Conservation zone is not the preferred land use for this area as there are no longer FAA restrictions on the property and upland portions of the parcel may be desirable for new residential development. 2. The rezone to Rural Residential Zone would allow for low- to medium-density residential development adjacent to existing residential neighborhoods within walking, biking, or short driving distance to commercial services. City utilities are located at the southeast corner of the parcel, which would allow for denser development. 3. The existing land use classification states that the area is to be Parks, Recreation, and Open Space. A majority of the parcel will remain as open space, as it lies within a large drainage area and is not suited for development. Approximately 10-15 acres of the parcel, mostly on the eastern edge has upland portions that would be suitable for residential development, but the 81-acre parcel would require subdivision prior to development. Resolution No. PZ2026-08 Page 3 of 3 4. The proposed rezone to RR would align with the current low to medium density residential character of the adjoining neighborhood. 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 a portion of the property located at 10060 Kenai Spur Highway from Conservation (C) to Rural Residential (RR) 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 29TH DAY OF APRIL, 2026. �J4- anne Keaton, Chair 17- ATTEST Login ,arks, D puty City Clerk STAFF REPORT �r PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director DATE: April 20, 2026 SUBJECT: Resolution PZ2026-08 — Rezone One 81-Acre Parcel from Conservation to Suburban Residential (RS) Zoning District Request The applicant is requesting a rezone of one (1) parcel from Conservation to the Suburban Residential (RS) Zoning District. Staff Adopt Resolution PZ2026-08 recommending approval of a Recommendation rezone of one (1) parcel from Conservation to the Suburban Residential (RS) Zoning District. Applicants: City of Kenai Attn: Planning & Zoning Department/Lands Administration 210 Fidalgo Ave. Kenai, AK 99611 Parcel No. Address Lot Size 04501057 10060 Kenai Spur Hwy. 81 acres Legal Description: T 6N R 11W SEC 33 SEWARD MERIDIAN KN W1/2 LYING N OF KENAI SPUR HWY & E OF MARATHON RD EXCL ALL BARON PARK SUBS & KENAI INDUSTRIAL PARK SUB Current Zoning: Conservation (C) Proposed Zoning: Suburban Residential (RS) Current Land Use Vacant Land Land Management Plan: Mixed — Dispose/ Retain Land Use Plan Parks, Recreation, & Open Space SUMMARY The City of Kenai is seeking to rezone one 81-acre parcel located at 10060 Kenai Spur Highway from Conservation to the Suburban Residential (RS)zoning district. The purpose of the rezone is to allow for low- to medium-density residential development adjacent to existing residential neighborhoods within walking, biking, or short driving distance to commercial services. ANALYSIS Pursuant to KMC Section 14.20.270, the initiation of a Zoning Map Amendment may be initiated by the Kenai Planning & Zoning Commission. This parcel is wholly owned by the City of Kenai. The area to be rezoned contains far above the minimum of one (1)-acre(excluding street or alley rights-of-way) unless the amendment enlarges an adjacent district boundary. Existing and Proposed Zoning The existing zoning is Conservation (C) and the intent as outlined in KMC Section 14.20.070 states the following: The C-Zone is intended to apply to areas which should be preserved primarily as open areas and as watersheds and wildlife reserves.Airport and related uses have been included in this zone to allow for the reservation of aircraft approach zones. It is intended that this zone shall apply mainly to publicly owned land. Findings: In August 2025, the applied to the Federal Aviation Administration (FAA) Alaska -- - ---Region-for a deed of release to remove FAA restrictions on an 81-acre parcel located east of the airport. On September 15, 2025, the Deed of Release was approved by the FAA and recorded with the State of Alaska. This deed of release removed a number of restrictions and allows this land to be leased for other than aeronautical uses, and also may be sold for fair market prices, if authorized by the City. Furthermore, the proposed rezone area contains a large drainage area throughout most of the western sections of the parcel. Upland portions along the eastern side of the parcel are adjacent to existing residential neighborhoods. Approximately 10-15 acres of these uplands are suitable for residential development. Conservation only allows for residential development with a Conditional Use Permit. The proposed zoning is Suburban Residential 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 align with the adjacent residential zoning districts. As mentioned above, approximately 10-15 acres of upland portions of the parcel would be suitable for residential development. Suburban Residential is appropriate in areas where there are common utility systems, in this case City utilities are available at the corner of Princess Resolution No. PZ2026-08 Rezone from Conservation(C)to Suburban Residential(RS) 10060 Kenai Spur Highway Page 2 of 4 Lane and Magic Avenue. This is on the southeastern corner of one of the upland portions. Comprehensive Plan— Land Use Classification The existing land use classification is be Parks, Recreation, and Open Space and the intent as outlined in the Imagine Kenai 2030 Comprehensive Plan ("Comprehensive Plan") states the following: Intended for those public recreation facilities, as well as undeveloped lands that provide for the conservation of natural or scenic resources. These areas can be used for a variety of passive and active outdoor and indoor sports and recreational activities. Areas that may be suitable for future natural resource development may be included in this category. Findings: The existing land use classification states that the area is to be Parks, Recreation, and Open Space. A majority of the parcel will remain as open space, as it lies within a large lowland drainage area and is not suited for development. Approximately 10-15 acres of the parcel, mostly on the eastern edge has upland portions that would be suitable for residential development, but the 81-acre parcel would require subdivision prior to development. An amendment to the land use map in the Comprehensive Plan is not currently required, as residential uses are allowable in Conservation zone, albeit as conditional uses. The City anticipates updating the Comprehensive Plan within a couple years, and a new Land Use Plan may be developed as a part of this process. 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. Findings: The proposed rezone to RS would align largely with the intent of keeping a majority of the lowland drainage areas protected, as the parcel would be subdivided and with the City of Kenai retaining ownership. This would also align with supporting Workforce Development by allowing for new low to medium density residential development in appropriate areas served by City utilities. Existing Use In the proposed rezone area, the land is vacant. Findings: The proposed rezone to RS zone would allow for upland portions of the parcel, largely on the eastern side, would allow for low- to medium density residential development adjoining and existing residential neighborhood, which has been identified as a crucial need for the City. LIUBLIC 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. Resolution No. PZ2026-08 Rezone from Conservation(C)to Suburban Residential (RS) 10060 Kenai Spur Highway Page 3 of 4 City staff published notice of the public hearing in the Peninsula Clarion, and notification was posted. S i HFF 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 property located at 10060 Kenai Spur Highway from Conservation (C) to Suburban Residential (RS) zoning district. Planning & Zoning Commission's recommendation will be forwarded to City Council for consideration. The Administration believes rezoning to RR-1 will likely deter development of this property due to the required minimum lots size of 20,000 square feet compared to 7,200 square feet in the RS zone. Development costs, installation of roads and utilities, are significant and requiring lots of at least 20,000 square feet would make development uneconomical. The RR-1 zone also prohibits structures with more than five dwelling units and requires a conditional use permit for structures with more than three dwelling units. Because the property is within walking, biking, or short driving distance to commercial services, it is an ideal location for higher density development. While the application is not yet complete, the Administration is working with a developer who is interested in constructing a multifamily development in Kenai which may not be permitted in a RR-1 zone. Additionally, after further consideration, Administration believes that for purposes of future development of the property, this is an appropriate situation for creating a split zone. Only the developable uplands portion of the lot would be rezoned, and the lowland wetlands would remain conservation. This would facilitate a future subdivision for development. On March 18,.2026,.City Council.referred the-request back to the.Planning &Zoning Commission to reconsider the Administration's original request to amend the zoning to RS and to consider a split-zone approach. Under this approach, the upland portion of the parcel suitable for residential development would be rezoned to RS, while the larger portion of the property containing drainages and associated wetlands would remain in the Conservation zoning district. While split zones are generally not considered best practice, in this case a split zone using metes and bounds to delineate the portion of the larger parcel that would be considered for rezoning the portion of the lot suitable for development from what should remain open space and not be developed. A split zone will also negate the need to rezone the remaining parcel back to Conservation once subdivision of the developable portion is complete. ATTACHMENTS Zoning Map— Existing and Proposed Application Aerial Map Deed of Release Resolution No. PZ2026-08 Rezone from Conservation(C)to Suburban Residential(RS) 10060 Kenai Spur Highway Page 4 of 4 � i i ii