HomeMy WebLinkAboutOrdinance No. 2393-2009~~ f
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Suggested by: Administration
CITY ®F I{ENAI
C9RDII~ANCE N®. 2393-2809
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE OFFICIAL KENAI ZONING MAP BY REZONING APPROXIMATELY 22 ACRES
LOCATED NORTH OF THE KENAI SPUR HIGHWAY FROM MCCOLLUM DRIVE WEST
TO NO-NAME CREEK FROM RURAL RESIDENTIAL 1 (RR1) AND CONSERVATION (C)
TO LIMITED COMMERCIAL (LC).
WHEREAS, on September 24 and November 12, 2008, the Planning and Zoning
Commission held a public hearing on a request from the owner of Tract A, Papa Joe's
Subdivision Chumley Replat and the Commission's recommendation was forwarded to
City Council; and,
WHEREAS, City Council held a public hearing on December 3, 2008, and tabled
action on the ordinance and requested that administration bring back a more
comprehensive plan for rezoning the area; and,
WHEREAS, administration's recommendation was to consider the area located north
of the Kenai Spur Highway West of McCollum Drive to No-Name Creek; and,
WHEREAS, an application was submitted by Rick Koch, Kenai City Manager, to rezone
the properties recommended by administration; and,
WHEREAS, the Planning and Zoning Commission held a public hearing on February
11, 2009, received public testimony and voted 3 to 4 against rezoning the parcels;
and,
WHEREAS, the area to be rezoned is approximately 22 acres and meets the size
requirements of KMC 14.20.270; and,
WHEREAS, the area to be rezoned includes parcels zoned both Rural Residential 1
(RR1) and Conservation (C); and,
WHEREAS, increased traffic along the Kenai Spur Highway has limited the residential
development in the azea to be rezoned; and,
WHEREAS, limiting development along the highway to solely residential may result in
vacant and run-down homes along the highway; and,
WHEREAS, the Comprehensive Plan recommends zoning suitable for all land uses and
to prepare criteria and standards under which compatible mixed uses are allowed to
ensure that the uses are compatible with surrounding uses; and,
New Text Underlined; [DELETED TEXT BRACh'ETED]
Ordinance No. 2393-2009
Page 2 of 2
WHEREAS, the Limited Commercial (LC) was developed to provide a transition area
between commercial and residential districts, allowing low to medium volume
business, mixed residential and other compati'oie uses and specifies development
criteria for separate uses; and,
WHEREAS, rezoning these parcels will provide a transition area between the
commercial/light industrial districts and the residential districts along the Kenai Spur
Highway; and,
WHEREAS, rezoning these parcels to Limited Commercial (LC) is consistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the official Kenai Zoning Map is amended by rezoning the properties as
shown on Attachment "A" and Attachment "B" from Rural Residential 1 (RR1) and
Conservation (C)to Limited Commercial (LC).
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of April,
2009.
~~,~~~
PAT PORTER, MAYOR
ATTEST: ~j'''~
CaTGi L. FreaS, ~`.,ity Cierli
Introduced: March 18, 2009
Adopted: April 1, 2009
Effective: May 1, 2009
New Text Underlined; [DELETED TEXT BRACKETED]
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KEKA~ SKA
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PLANNING AND ZONING C®1@~1MISSION
RES®I.I~TI®N N®. PZ®9-®6
REZONE PEIZt~ii'P
A RESOLUTION OF THE PLANNING AND ZONING CO
KENAI RECOMMENDING APPROVAL TO THE KENAI
REQUESTED REZONING SUBMITTED BY
SION OF THE CITY OF
COUNCIL OF THE
PARCEL #:
WHEREAS, the Connnission finds the
i. The subject property is cmrentl^
2. The present land use plan desig
Space '
Neighborhood Residential & Conservation/O~pen
3. The groposed
4. An appropriate
5. That the following
6. Applicant must comply
required was conducted February l 1, 2009
facts have been found to exist:
all Federal, State, and local regulations.
NOW, THEREFORE BE ~T RESOLVED, by the Planning and Zoning Commission of the City
of Kenai that the petitioxl~ed I2EZ®1~TING of PROPERTIES SFI®i~IN ®I®T ThIE ATTAC)<IEI9
D![AP ANI9 SFIBEAIB~~IEE'I' are hereby recommended to the Kenai City Council.
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CI3AI12PERS®Ne
A'PTES'T:
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CIT~~ COUNCIL CHAMBERS
Fehruary 11, 2009 - 7:00 p.m.
1. CALL 'TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
d. *Excused Absences
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *January 28, 2009
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.)
a. PZ09-04 - A Resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that KMC 14.20.260 be amended to better provide
for enforcement for violations of Erie Kenai City Code and tc provide fcr appeal of
administrative enforcement orders to the Board of Adjustment.
b. PZ09-OS - An application for a Conditional Use Permit to operate a Vocational Center
from. the property known as Tract A-lA, Cone Tracts A-IA & A-1B (2880 Beaver Loop
Road), Kenai, Alaska. Application submitted by frontier Community Services, 43335 K-
Beach Road, Suite 36, Soldotna, Alaska 99669.
c. PZ09-06 - An application to rezone properties North of the Kenai Spur Highway corridor
front McCollum Drive West to No-Name Creek from Rrua1 Residential 1(RRl) and
Conservation (C) to Limited Commercial (LC). Application submitted by Rick Koch,
City Manager for Kenai City Council, City of Kenai, 210 fidalg~o Avenue, Kenai, Alaska.
6. NEW BUSINESS:
a. PZ09-08 - A resolution of the Plamling and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that ICMC 14.20.240(c)(6) be amended to allow art
extension for the ninety (90) day time limit for skirting in mobile homes placed in mobile
home parks -Discussion -Set Public Hearing.
7. PENDING ITEMS:
a. P707-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be
screened on at least three sides.
8. REPORTS:
a. City Council
b. Borough Planning
c. Administration
9. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
10. INFORMATION ITEMS:
a. 2008 Amiual Report -Extraction of Natural Resources
b. 2008 Amlual Certified Local Government Report
c. Reappointment letters Commissioners Rogers, Koester & Twait
d. "'Coning Bulletin"- 1/10/09
1.1. COMMISSION COMMENTS & QUI.STION5:
12. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
FEBRUARY 11, 2009
'7:00 P.M.
CYTY COUNCIL CHAMBERS
CHAIR JEFF TWAIT, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chair Twait called the meeting to order at approximately 7:01 p.m.
1-a. Roll Call
Roll was confirmed as follows:
Commissioners present:
Staff/Council Liaison present:
S. Romain, R. Wells, J. Twait, P. Bryson, K. Rogers,
J. Brookman, K. Koester
City Planner M. Kebschull, Planning dv Zoning
Administrative Assistant N. Carver, Council Liaison
R. Molloy
A quorum was present.
1-b. Agenda Approval
Commissioner Bryson read the following requested changes to the agenda:
ADD TO: 5-b. Letter from Mavis Cone
Emaii Correspondence (Winegarden/Graves)
MOTION:
Commissioner Brookman MOVED to approve the agenda with the above-mentioned
lay downs and Commissioner Romain SECONDED the motion. There were no
objections. SO ORDERED.
1-c. Consent Agenda
MOTION:
Commissioner Romain MOVED to approve the consent agenda and Commissioner
Wells SECONDED the motion. There were no objections. SO ORDERED.
1-d. *Excused Absences
Approved by the consent agenda.
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the Commission and will be approved by one motion. There will be
no separate discussion of these items unless a Commission Member so requests, in
which case the item will be removed from the Consent Agenda and considered in
its normal sequence on the agenda as part of the General Orders.
ITEM 2: *APPROVAL OF MINUTES -- January 28, 2009
Approved by the consent agenda.
ITEM 3: SCHEDULED PUBL%C COMMENT -- None
ITEM 4: CONSIDERATION OF PLATS -- None
YTEM 5: PUBLIC HEARINGS
5-a. PZ09-04 - A Resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska, recommending to the Council that KMC 14.20.260
be amended to better provide for enforcement for violations of the Kenai
City Code and to provide for appeal of administrative enforcement orders
to the Board of Adjustment.
Kebschull reviewed the staff report included in the packet.
Twait read the rules for public hearing and opened the meeting to public hearing.
The following people spoke in opposition to the resolution:
Debbie Sonberg, 410 Cinderella, Kenai
Becky Espy, 903 Magic, Kenai
Rov Esnv. 403 McCollum. Kenai
There being no further comments, the public hearing was closed.
MOTION:
Commissioner Bryson MOVED to approve PZ09-04 and Commissioner Romain
SECONDED the motion.
Commissioner comments included:
• The Code had been made more specific regarding junk and debris.
• Civil fines would be lowered from $1000 to $250 per day.
• The process of code enforcement was complaint driven and
included a site visit, contacting the individual, following up with a letter, and working
with the individual to bring the situation into compliance.
PLANNING AND ZONING COMMISSION MEETING
FEBRUARY 11, 2009
PAGE 2
• There was no appeal process currently and once cited, the
individual must go to court.
• In the new resolution, there would be 15 days to appeal to the
Board of Adjustment.
VOTE:
Rom
ain YES Wells YES Twait YES
_
Br son YES Rogers YES Brookman YES
Koester YES
MOTION PASSED UNANIMOUSLY.
5-b. PZ09-O5 - An application for a Conditional Use Permit to operate a
Vocational Center from the property known as Tract A- lA, Cone Tracts
A-lA & A-1B (2880 Beaver Loop Road), Kenai, Alaska. Application
submitted by Frontier Community Services, 43335 K-Beach Road, Suite
36, Soldotna, Alaska 99669.
Kebschull reviewed the staff report included in the packet, noting the history of the
property and the list of requirements from the building official necessary prior to
permitting.
Twait opened the meeting to public hearing.
The following people spoke in opposition to the application:
Laura Sievert, 3329 Beaver Loop, Kenai -- concerned with increased traffic and felt
the application did not fit into the Comprehensive Plan.
Curt Wilcox, 3329 Beaver Loop, Kenai
Mark Schrag, 312 Princess, Kenai
Kellie Kelso, 117 iXlalker Lane, Kenai
Debbie Sonberg, 410 Cinderella, Kenai
There being no further comments, the public hearing was closed.
MOTION:
Commissioner Romain MOVED to approve PZ09-OS and Commissioner Wells
SECONDED the motion.
MOTION TO AMEND:
Commissioner Bryson MOVED to amend the motion to include staff recommendations
and Commissioner Romain SECONDED the motion.
PLANNING AND ZONING COMMISSION MEETING
FEBRUARY 11, 2009
PAGE 3
VOTE ON THE AMENDMENT:
Romain YES Wells YES Twait ~ YES
Bryson YES Rogers YES Brookman YES
Koester ~ YES
MOTION PASSED UNANIMOUSLY.
VOTE ON MOTION AS AMENDED:
I~ROmaln
~ Bryson YES __
YES Wells ~ YES lwait
Rogers YES Brookman
- YES _~
YES '
I{nester YES ~
~~~ ~
MOTION PASSED UNANIMOUSLY.
Twait explained an appeal of the preceding action may be filed with the City Clerk
within 15 days of the action taken.
5-e. PZ09-06 - An application to rezone properties North of the Kenai Spur
Highway corridor from McCollum Drive West to No-Name Creek from
Rural Residential 1(RR1) and Conservation (C) to Limited Commercial
(LC). Application submitted by Rick Koch, City Manager for Kenai City
Council, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska.
Chair Twait passed the gavel to Vice Chair Romain.
Vice Chair Romain reported his agreement with the City Attorney's findings regarding
the conflict of interest, noting Twait did not have a monetary conflict of interest and
neither Twait nor Koester were guilty of prejudgment.
MOTION:
Commissioner Bryson MOVED to overturn the prejudgment and Commissioner
Brookman SECONDED the motion.
VOTE:
Romain NO Wells NO Twait _ ABSTAIN '
B son NO Ro ers NO _ Brookman NO
Koester ABSTAIN j ~ _.
MOTION FAILED UNANIMOUSLY.
MOTION:
PLANNING AND ZONING COMMISSION MEETING
FEBRUARY 11, 2009
PAGE 4
Commissioner Bryson MOVED to overturn the monetary conflict of interest and attach
the February 4, 2009 memo from the City Attorney. Commissioner Brookman
SECONDED the motion.
VOTE:
main NO Wells NO ~ Twait ABSTAIN
'
B son NO Rogers NO ;Brookman NO
Koester
NO ___
~
MOTION FAILED UNANIMOUSL%.
Vice Chair Romain returned the gavel to Chair Twait.
Kebschull reviewed the staff report included in the packet.
Twait opened the meeting to public hearing.
Glenn Clifford, Kenai -- Spoke in support of the rezone.
Sherri James, 303 Cinderella, Kenai -- Spoke in opposition to the rezone, noting
traffic issues and possible rent increases.
Peter Klauder, 40195 Frogberry, Kenai -- Spoke in support of the rezone, believing it
to be a positive move for the city.
The following people spoke in opposition to the rezone, noting concerns expressed in
the packet of information submitted by the MAPS residents and included in the
Commission packet:
Roy Espy, 403 McCollum, Kenai
Chuck Winegarden, 303 Princess, Kenai
Dave Spence, former Kenai Central High School Principal
Don Wright, 604 McCollum, Kenai
Greg Daniels, 426 Rogers Road, Kenas
JoAnn Buzzell, 381 Senior Court, # 103, Kenai
Wally Ward, 708 Magic, Kenai
Kellie Kelso, 117 Walker Lane, Kenai
John Espy, 403 McCollum, Kenai
Ed Steiner, 4192 Beaver Loop, Kenai -- Stated he enjoyed a compact city center
allowirig for pedestrian traffic.
Sylvia Stewart, 401 McCollum, Kenai
Justin Wilhusen, 306 Hutto, Kenai
Glenda Feeken -- Spoke in support of the rezone.
PLANNING AND ZONING COMMISSION MEETING
FEBRUARY 11, 2009
PACsE 5
Additional people who spoke in opposition to the rezone:
Jessica Wilhusen, 306 Hutto, Kenai
Richard Kelso, 117 Walker Lane, Kenai
Kevin Dix, 306 Princess, Kenai
Janine Espy, 403 McCollum, Kenai
Walt Ward, 708 Magic, Kenai
Todd Wortham, 47586 Grant Avenue, Kenai -- Spoke in support of the rezone.
Colleen Ward, 708 Magic, Kenai -- Spoke in opposition to the rezone.
Blaine Gilman, 216 Susieanna, Kenai -- Spoke in support of the rezone, noting a min
of low volume businesses and residences was part of the Comprehensive Plan.
Patricia Falkenberg, 399 McCollum, Kenai -- Spoke in opposition to the rezone.
BREAK: 9:20 P.M.
BACK TO ORDER: 9:35 P.M.
Additional people who spoke in opposition to the rezone:
Debbie Sonberg, 410 Cinderella, Kenai
Mark Schrag, 312 Princess, Kenai
Becky Espy, 903 Magic, Kenai
Kellie Wannamaker, 603 Magic, Kenai
Kristine Schmidt, 513 Ash, Kenai
Leonora Frailer, 391 W. Rockwell, Soldotna
There being no further comments, the public hearing was closed.
Moal®N:
Commissioner Romain MOVED to approve PZ09-06 and Commissioner Wells
SECONDED the motion.
Commissioner comments included:
• The highway could serve as a buffer.
• Thanked all citizens for their input.
• Concerned over further strip zoning along the highway.
• Need to consider the best interest of all citizens.
• Traffic concerns are understood.
• Some were not in support of all parts of the Limited Commercial Zone.
• The civility of the public was appreciated.
VOTE:
PLANNING AND ZONING COMMISSION MEETING
FEBRUARY 11, 2009
PAGE 6
Romain YES !Wells NO Twait YES
_
Bryson -~NO ~ Rogers
Koester ~ YES _____ NO Brookman NO
MOTION FAYLED.
BREAK: 10:16 P.M.
BACK TO ORDER: 10:20 P.M.
ITEM 6: NEW BUSYNESS
6-a. PZ09-08 -Discussion, Set Public Hearing -- A resolution of the
Planning and Zoning Commission of the City of Kenai, Alaska,
recommending to the Council that KMC 14.20.240(c)(6) be amended to
allow an extension for the ninety (90) day time limit for skirting in mobile
homes placed in mobile home parks.
Kebschull reviewed the staff report included in the packet, noting a public hearing
would be during the February 25, 2009 meeting.
ITEM 7: PENDING YTEMS
7-a. PZ07-25 -Recommending Council enact KMC 9.10.015 to require
dumpsters be screened on at least three sides.
ITEM 8: REPORTS
8-a. City Council -- Council Member Molloy reviewed the action agenda of
the February 4, 2009 City Council meeting.
8-b. Borough Planning -- Borough Planning Commissioner Bryson reviewed
the agenda of the February 9, 2009 Borough Planning meeting.
8-c. Administration -- Kebschull reviewed the materials listed under
Information Items and noted the cell tower ordinance would probably be postponed.
ITEM 9: PERSONS PRESENT NOT SCHEDULED -- None
ITEM 10: INFORMATION ITEMS
10-a. 2008 Annual Report -Extraction of Natural Resources
10-b. 2008 Annual Certified Local Government Report
10-c. Reappointment letters Commissioners Rogers, Koester &, Twait
PLANNING AND ZONING COMMISSION MEETING
FEBRUARY 11, 2009
PAGE 7
1®-d, "Zoning Bulletin" - 1/ 10/09
ITEM 11 e C®IVIMISSI®PS C®IdIlVIENTS & OZTESTI®IQS
I£®estex -- None
~x®®lcaazan -- None
UJells -- Reported the Kenai Historical Society was busy planning the relocation of
historical cabins from the Rt. Kenay property.
I2®as~aasa -- None
Commissioner Romain NI®S7ED to adjourn and Commissioner Wells SEC®IdDED the
motion. There were no objections. S® ®RY3E12EI3.
There being no further business before the Commission, the meeting was adjourned
at approximately 10:30 p.m.
Minutes prepared and submitted by:
Corene Hall, Deputy City Clerk
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PLANNING AND ZONING COMMISSION MEETING
FEBRUARY 11, 2009
PAGE 8