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Home My WebLink AboutORDINANCE 2083-20051 Suggested by: Planning and Zoning Commission CITY OF KENAI ORDINANCE N0.2083-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REZONING THAfi PORTION OF THE EASTERLY 1/2 OF SECTION 36 LYING NORTHEASTERLY OF THE KENAI SPUR HIGHWAY AND NORTH OF EVERGREEN TRACT A RE- SUBDIVISION AND SOUTH OF JETTISON JUNCTION SUBDIVISION AND SOUTHEASTERLY OF BALLFIELD SUBDIVISION EXCLUDING EVERGREEN SUBDIVISION KIM ADDITION FROM RURAL RESIDENTIAL (RR) TO RECREATION (R) , WHEREAS, the above-described property is currently zoned Rural Residential (RR); and, WHEREAS, the City of Kenai is planning for the development of the above-described area for outdoor recreation and sports fields; and, WHEREAS, the above-described property should be re- zoned Recreation (R) to reflect their future use as a recreation area; and, WHEREAS, on February 23, 2005, the Kenai Planning and Zoning Commission voted unanimously to re-zone the above-described property from Rural Residential (RR) to Recreation (R); and, WHEREAS, it is in the best interest of the City of Kenai to re-zone the above described property from Rural Residential (RR) to Recreation (R) , NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the portion of the Easterly 1/2 of Section 361ying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A Re-subdivision and South of Jettison Junction Subdivision and Southeasterly of Ballfield Subdivision excluding Evergreen Subdivision Kim Addition as shovcm on the attached map as Exhibit "A" is hereby rezoned from Rural Residential (RR) to Recreation (R) . PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 2005. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: March 2, 2005 Adopted: March 16, 2005 Effective: April 16, 2005 UI W .F. i Z F ~ ~ 0 c: m m~ ° os ~ silo _ ~ bO 1S3a0d H1NON J W r S U ~ Q _~ I 1S lliJ N12i0N W W Q W = a I~bM S,310b3 ~ 0 ' 1S NOS~3~~3f ld 1NbdJ z ~ ~ z~ N ~d~ m 0 p ~ ~ m Z fY 1S 2~311bH ~ ~N I I d%s s~~ 11 Ob 3 ao Q U Q ~~ 2 ~ W (~ W W ~ ~ (~ W W W N J ro wz 0 1S A31NIN OW J m U ~ J Q O Z J W (n ~ ~ J ~ Q Ln m ~ QJF~ ~~ ~~ v~~~P\~ / Of ~6 ~ti r~ ~~ ~.. 0 U Q m Q, a J~\~0 G~ ~~ ~ o 2 Z U Attachment "A" ~ 1S 111J H12lON STAFF REPORT To: Planning & Zoning Commission Date: February 3, 2005 Res: PZ05-10 GENERAL INFORMATION Applicant: Linda L. Snow 283-7535 City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Reques#ed Action: Rezone -Rural Residential to Recreation Legal Description: That portion of the E112 of Section 36 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A resubdivision and South of Jettison Junction Sub and Southeasterly of Ballfield Sub excluding Evergreen Sub Kim Addn. Street Address: 13072 Kenai Spur Highway KPB Parcel No.: 0431038 Existing Zoning: RR -Rural Residential Current Land Use: Vacant Land Use Plan: Neighborhood Residential ANALYSIS General Information: This is an application to rezone this parcel from rural residential to recreation. This rezone is being requested to accommodate a proposed sports field and outdoor recreation area for the City of Kenai. The property is currently zoned rural residential. Parks and recreation are a conditional use in the rural residential zone and a permitted use in the recreation zone. This parcel is approximately 53.8 acres fronting the Kenai Spur Highway and along Evergreen Street. A portion of the property abuts the backside of Evergreen Subdivision Kim Addition. This subdivision is zoned RS-1, Suburban Residential 1. The Comprehensive Plan Land Use Plan shows this land as Neighborhood Residential. Within the definition of the neighborhood residential classification, it states, "Formal public outdoor spaces (parks) are a critical feature in this district." In October 2004 with the recommendations from the Parks and Recreation 0510 Comment.doc Page 2 Commission and the Planning and Zoning Commission, the Kenai City Council set this property aside as needed for a public purpose. This action was taken to remove the property from being available for sale knowing that the Parks and Recreation Commission had been researching a possible outdoor recreation site at this location. City Engineer: Nothing additional. Building Official: No building code issues. RECOMMENDATIONS This rezone is being requested by the City of Kenai to accommodate a large, outdoor recreation area. The Comprehensive Plan identifies this area as neighborhood residential and notes that outdoor spaces (parks) are a critical part of this district. The requested rezone meets the criteria of Kenai Municipal Code 14.20.270 for an amendment to the official zoning map. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ05-10 2. Application 3. Map 1'h Substitute ~' ~~~~r~~~~'~~. ~ CITY OF KENAI --~,~ _~ __ ~ _ : ~- ~~~ PLANNING AND ZONING COMMISSION -- - - ~ ..~:_ RESOLUTION N0. PZ05-10 ttie a~ c f REZONE PERMIT KENAI, ALASKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: City of Kenai ADDRESS: 210 Fidalgo Avenue, Kenai, Alaska LEGAL; That portion of the E112 of Section 36 Lvina Northeasterly of the Kenai Saur Hiahwa and North of Evergreen Tract A resubdivision and South of Jettison Junction Sub and Southeasterly of Ballfield Sub excluding Ever-green Sub Kim Addn. -13012 Kenai SpurHi~hway PARCEL #: 04301038 WHEREAS, the Commission finds the following: 1, The subject property is currently zoned RR -Rural Residential 2. The present land use plan designation is Neighborhood Residential 3. The proposed zoning district is Recreation 4. An appropriate public hearing as required was conducted on February 23, 2005 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of That portion of the E1I2 of Section 36 Lyin~c. Northeasterly_of the Kenai Spur Highway and North of Evergreen Tract A resubdivision and South of Jettison Junction Sub and Southeasterly of Ballfield Sub excluding Evergreen Sub Kim Arlrln is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, February 23, 2005. CHAIRPERSON: ~~~ ~~~ ATTEST: ,, tHe~~~of% RENAI. ALASKA ~~~~~a9e with a Past, Gc~ with a Future ~~ a 99611-7794 -283-3014 , ((~ I f ~~~ 1992 `,, ~~ ~,,r~. ~i ~~` REZONING APPLICATION A~gN,~~~ryor -`~U c„_ ~-~_ 210 Fidalgo Avenue, Kenai, Ala Telephone: 907-283-7535 I Fri PETITIONER gT~ Clty of Kenai ~~ ADDRESS 210 Fidalgo Ave. , Kenai, AK 99611 PHONE 907-283-7535 LEGAL DESCRIPTION Sect. 36 Parcel X4301038 PRESENT ZONE Rural Residential PROPOSED ZONE Recreation Intended Use and/or Reason for Rezoning: Sports Fields & Outdoor Recreation Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM ~BER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. l . ~ Amendments to the Kenai Zoning Code and Official Map may be initiated by petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (SO) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. 2. ~`" Amendments to the Official Zonin Ma shall be considered onl i f th g p y e area to be rezoned contains a minimum of one (1) acre (excluding street or alley right-of way) unless the amendment enlarges an adjacent district boundary, Rezoning Application Page 2 3. ~ A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising and administrative services fee is required to cover these notification costs, Depending on the rezone location, an Affidavit of Posting may also be required. 4. ~ A proposed amendment to the zonin ordinance which is substan i g tally the same. as any other proposed amendment submitted within the previous nine ~9) months and which was not approved shall not be considered. ~~, Petitio er's Signature ATTEST REZONING CHECKLIST: ~~' a. MAP ~r' f`~ b. SIGNATURES ~~~~ ~ ~- c. DEPOSITIADVERTISING FEE ($105) -L~` d. APPLICATION FORM OR LETTER ~' e. AFFIDAVIT OF POSTING !^T I o--~-: I < t~ I ~ os a a1i~ a01S3a03 HlaON 1S 111J HlaON L 7 F ~111M S,310d3 0 C u 1S 111J H12lON W N J I 0 W Z 0 1S A3lNIH OW J m ~U ~ Is Nosa3~~3r-- Q U Q ~~ ~~ ~C~P\~PJ~ Z ~ W (~ W W ~ ~ W W 9~ t • N J ~a z S sa 11 Ob 3 l v" r~. •~al •.1~ J Q J W (!? ~ ~ J 0 Q m m ~ ~~i ~s a311dH ~ ~ o J Z U ~6~ J~~~ ti i~~~ G~ 0 z U a m ~ ~ ~O V~ ~ G~J i ', „V'~~~ e with a Aast, ~i with a ~r~tr~re" > ~ ~.~~~~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 _,Y:.__-- ~~~ Telephone: 907-283-7535 /FAX: 907-283-3014 (II~ -='` - - - ...`~..` 1992 thecityof KENQI. ALASKA ^ ^ T0: Linda L. Snow, City Manager THRU: Jack La Shot, Public Works Manage FROM: Marilyn Kebschull, Planning Administrator, DATE: March 10, 2005 SUBJECT: Ordinance No. 2083-2005 -Proposed Rezone 1 Council will be considering a proposed rezoning of approximately 53.8 acres located in Section 36. This property fronts along the Kenai Spur Highway and the backside of Evergreen Subdivision Kim Addition. Water and sewer are available. The property is currently zoned RR -Rural Residential. The request is to rezone the property to R -Recreation for a proposed sports field and outdoor recreation area for the City of Kenai. The Comprehensive Plan Proposed Land Use Plan shows this land as Neighborhood Residential. Within the definition of the neighborhood residential classification, it states, "Formal public outdoor spaces (parks) are a critical feature in this district." It appears the proposed rezone meets the intent of the Comprehensive Plan. The attached excerpt from the proposed land use plan shows how the land use plan identifies this land and surrounding lands. A recreation area that included open spaces and sports field with an appropriate buffer from the residential development meets the intent of the Comprehensive Plan and the future development of the City's Parks & Recreation program. It is my recommendation that the Council rezone the parcel from Rural Residential to Recreation. Dear Mayor Porter and Kenai City Council Members: As concerned Kenai citizens and homeowners we are writing you regarding Ordinance Number 2083-2005, the rezoning and planning of a large parcel of land located immediately west of Evergreen Street. We are greatly concerned about plans to develop this area into,various sports fields. Our understanding is that four soccer fields are planned for development in the near future and that baseball fields, a campground and a park (on Evergreen Street) might come at an undetermined later date. Are concerns are as follows: 1) We are concerned that proposed "buffer zones" between Evergreen residences and the sports fields will not be nearly adequate enough. At a recent Planning and Zoning meeting a City Parks official was unable to answer basic questions regarding how large the proposed "buffer zones" would be. He stated that a 200 feet buffer might be adequate because of the existing trees in the area, but later stated that there were few trees in the area. We would like to see the sports fields fenced and therefore self- contained. 2) We are concerned about increased automobile traffic and foot traffic in the area. Evergreen Street is designated as residential and is illegal for use of thru traffic. To avoid conflicts we recommend installation of a dead end barrier at the north end of Evergreen Street. For emergency access from the fields if needed we would recommend using Redoubt Street not } . Evergreen Street. We do not want foot traffic passing through private residential property to access the fields. 3) We are concerned that the tentative design plans show no scale of reference. We would like to be informed and have input if and when such scaled drawings are made available. 4) We are concerned about the hours of operation and the user groups of the proposed sports fields. We have been told that the primary users of the proposed soccer fields will be children, namely Boys and Girls Club. However, there seems to be no plan to limit usage of these fields to children only. We are concerned about increased noise level, especially at night. We as residents would like to have input into any user agreement that would be enforced. 5) We are concerned that the soccer fields will become "an eye sore". Currently we understand that the fields will basically be nothing more then unfenced, cleared areas, utilizing existing grasses and vegetations. According to the Parks official there is no plan to seed .the fields or pave a proposed parking area for 60+ cars. All of these factors will greatly increase the dust in the area. 6) We are concerned about the sanitation and trash control of the area. 7) Lastly, we are concerned that to our knowledge there has been no ublic p information meetings that we could have ask questions at and be informed about what the city's true intentions are for Ordinance Number 2083-2005. ,, We hereby ask that you take into consideration our concerns that we have listed and take into account not only those who are pushing for a place they can utilize sometimes, but also those who desire a peaceful safe neighborhood to live in all times. Sincerely, Jerry R. Strait and Violetta Strait 303 Evergreen St. Kenai, AK 9961 l 283-9070 Ron and Carlyn Dukowitz 1807 4~' Ave. (Corner of 4~' and Evergreen) Kenai Ben and Leigh Langham 1806 4`~ Ave. (Corner of 4`~ and Evergreen) Kenai Sue Olson 313 Evergreen St. Kenai Wally and Leona Jackson 403 Evergreen St. Kenai Mike and Tootie Keeney 401 Evergreen ST. Kenai