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HomeMy WebLinkAboutOrdinance No. 3526-2026Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3526-2026 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP BY REZONING PARCEL 04106318, WITH A PHYSICAL ADDRESS OF 6575 KENAI SPUR HIGHWAY, FROM A SPLIT ZONE OF RURAL RESIDENTIAL (RR) AND GENERAL COMMERCIAL (CG) TO THE ZONING DISTRICT OF GENERAL COMMERCIAL (CG). WHEREAS, the City of Kenai received a rezone application from the majority of property owners of the area to be rezoned in accordance with KMC Section 14.20.270 Amendment procedures; and, WHEREAS, the area proposed to be rezoned extends adjacent zoning boundaries; and, WHEREAS, the property owners of the parcel have applied for and do not object to the proposed rezoning; and, WHEREAS, amendments to the Official Zoning Map may be initiated by a majority of the property owners in the area to be rezoned, in accordance with Kenai Municipal Code (KMC) 14.20.270(b)(1)(A) Amendment Procedures; and, WHEREAS, the area to be rezoned contains a minimum one (1) acre (excluding street or alley rights -of - way); and, WHEREAS, the proposed rezone to the proposed zoning district would eliminate a split zoned parcel 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 Planning and Zoning Commission conducted a duly advertised public hearing, following requirements outlined in KMC 14.20.280 for public hearings and notifications; and, WHEREAS, 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; and, WHEREAS, at their regularly scheduled meeting held on April 29, 2026, the City of Kenai Planning and Zoning Commission voted to recommend the subject properties be rezoned as proposed below. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of City of Kenai Official Zoning Map: That City of Kenai, Official Zoning Map is hereby amended as follows: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3526-2026 Page 2 of 2 Parcel # Physical Lot Size Legal Description Zoning Address acres 6575 Kenai Spur Lot 2-A, Block F, Beaver 04106318 Highway 4.55 Creek Alaska Sub Amended [CG/RR] CG 2025 Replat Section 2. Severabilily: 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 KEP a EST: Q A// City Clerk Introduced: Enacted: Effective: New Text Underlined; [DELETED TEXT BRACKETED] May 20, 2026 June 3, 2026 July 3, 2026 L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Knackstedt and Council Members THROUGH: Terry Eubank, City Manager FROM: Kevin Buettner, Planning Director DATE: May 11, 2026 SUBJECT: Ordinance No. 3526-2026- Amending the Official Zoning Map by Rezoning Parcel 04106318, with a Physical Address of 6575 Kenai Spur Highway, from a Split Zone of Rural Residential (RR) and General Commercial (CG) to the Zoning District of General Commercial (CG). In 2025, the property owner submitted for a replat combining Lots 2, 3, 14, & 15 of Beaver Creek Alaska Subdivision Amended, which has created a split zone on the now singular parcel. The replat was recommended for approval through Resolution PZ2025-21 on June 25, 2025, with the condition that if the Borough approved the replat, the zoning would need to be addressed. The southern half of the lot is zoned as Rural Residential (RR) while the northern half is zoned General Commercial (CG). The purpose of the rezone is to assign one zoning district to the newly replatted parcel. This rezone will reduce ambiguity and confusion, ensuring clarity to its purpose and allowable development. As there are no provisions to determine which zone takes precedence, it is determined this rezone would eliminate any confusion in the event of conflicting guidance. There will be no non -conforming uses created by the completion of this rezone, it will simply enlarge the adjacent zoning district. 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. The current property use is a 32-space recreational vehicle park, allowable with a Conditional Use Permit (CUP) pursuant to the Land Use Table in KMC 14.22.010. Thank you for your consideration. Attachments Location Map Proposed Zoning Map Vrk a x 7 *'■ -- INAd SPUR HW, A 49 IV 46 + " .,, �- Jr At 04106318 �- r 4COW, # w #. lk_ - - I. r� on m on