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HomeMy WebLinkAboutOrdinance No. 2506-2010a ,h KENAI. ALASKA CITY OF KENAI ORDINANCE NO. 2506 2010 Sponsored by: Planning Zoning AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING LOT 3A OF KAREN SUBDIVISION, MOORE ADDITION FROM GENERAL COMMERCIAL (CG) TO LIMITED COMMERCIAL (LC). WHEREAS, the owner of this property initiated a request to rezone the property; and, WHEREAS, the rezone meets the requirements of KMC 14.20.270; and, WHEREAS, the property is currently zoned General Commercial (CG); and, WHEREAS, the General Commercial (CO) zone limits residential use to strictly a secondary use; and, WHEREAS, residential use has continued on this property for over 50 years and has been compatible with surrounding commercial uses; and, WHEREAS, the 2003 City of Kenai Comprehensive Plan identified development concerns relating to the Kenai Spur Highway corridor; and, WHEREAS, this property is located on the Kenai Spur Highway; and, WHEREAS, the 2003 Comprehensive Plan Land. Use classifies the land as Neighborhood Commercial which provides for uses similar to the Limited Commercial zone; and, WHEREAS, in 2005, the Limited Commercial zone was developed to allow medium volume business, mixed residential, and other compatible uses; and, WHEREAS, allowing the rezone to Limited Commercial would provide for commercial uses while permitting continued residential use; and, WHEREAS, rezoning the property to Limited Commercial is consistent with the Comprehensive Plan; and, WHEREAS, on July 28, 2010, the Kenai Planning and Zoning Commission voted to recommend to the City Council the parcel be rezoned to Limited Commercial. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the official Kenai Zoning Map is amended by rezoning Lot 3A of Karen Subdivision, Moore Addition from General Commercial (CG) to Limited Commercial (LC) as shown on Attachment A. New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2506 -2010 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2010. ATTEST: Carol L. Freas, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] a PAT PORTER, MAYOR Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: September 18, 2010 Ordinance No. 2506- 201PZ10 -21 Rezone AttachmentA General Commercial to Limited Commercial Legend Conservation Limited Commercial Central Mixed Use Central Commercial General Commercial Light Industrial Heavy Industrial Recreation Rural Residential Rural Residential 1 Suburban Residential Suburban Residential 1 Suburban Residential 2 Urban Residential Historic Townsite Education CIITY OF KENAI PLANNING AN ZONING COMMISSION RESOLUTION NO, PZIO-21 REZONE 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: Tonv Doyle ADDRESS' 7984 Kenai Sour Highway LEGAL: Lot 3A, Karen Subdivision, Moore Addition PARCEL 04104011 fr llaye with a Pxs4/ et with a Fut n� 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 Fax: 907 283 -3014 www.ci.kenai.ak.us WHEREAS, the Commission finds the following: 1. The subject property is currently zoned General Commercial 2. The present land use plan designation is Neighborhood Commercial 3. The proposed zoning district is Limited Commercial 4. An appropriate public hearing as required was conducted July 14, 2010 5. That the following additional facts have been found to exist: a. The property is zoned General Commercial. b. Residential use is allowed only as a secondary use in the General Commercial zone. G. Residential use has continued on this property for over 50 years and has been compatible with surrounding commercial uses. d. The 2003 City of Kenai Comprehensive Plan identified development contents relating to the Kenai Spur Highway corridor. e. This property is located on the Kenai Spur Highway. f The 2003 Comprehensive Plan Land Use classifies the land as Neighborhood Commercial which provides for uses similar to the Limited Commercial zone. g. In 2005, the Limited Commercial zone was developed to allow medium- volume business, mixed residential, and other compatible uses. PZ10 -21 Resolution h. Allowing the rezone to Limited Commercial would provide for commercial uses while permitting residential use. Rezoning the property to Limited Commercial is consistent with the Comprehensive Plan. 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 REZSNING of Lot 3A Karen Stabdivusi ©n Moore Addition is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AN ZSNING COI M ISSION OFF THE CRY OFF KENAI, ALASKA, JULY 28, 2010. CHAIRPERSON. ATTEST: Page 2 Public Hearing: 7/14/10 (Postponed) DAVIS RON 2011 8 80 47 MOORE THO 2 Subject Property ZUSEO< BR 2021 015005 IN MOORE OEA 00 .EORICKT yJ to I 2030 4A MOORE DEA ee'ezeL Ij`11 C MORSE MAy 2031 2040 Fi HORWATI1 HORVJATH J y 7 952 i4LASKA$ 7 920 MORSE MAT 2041 FOSTER JA ueERT 15 ALASKA ME ALASKA 705 LASKA ME KENAI ALASKA MEMO: TO: Terry Eubank, Acting City Manager FROM: Marilyn Kebschull, Planning Administration DATE: August 4, 2010 SUBJECT: Ordinance No. 2506 -2010 Rezone "Village with a Past, Ci y with a Future /1 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 Illy Ordinance No. 2506 -2010 is an ordinance amending the official City of Kenai zoning map to rezone Lot 3A of Karen Subdivision from General Commercial to Limited Commercial. KMC 14.20.270 provides procedures and criteria for an amendment. An application to rezone the property was submitted by Tony Doyle who owns the property. The property is located off the Kenai Spur Highway at approximately Mile 8. According to the Kenai Peninsula Borough, this property is approximately 1.26 acres in size. There are two structures located on the property; a residence that has existed for over 50 years and an office /residence built in 2002. The General Commercial zone restricts residential use to strictly secondary and the structures are considered non conforming. The owner believes the rezone to Limited Commercial would provide opportunities for commercial use while permitting residential use. I reviewed the application and found it met the requirements of KMC 14.20.270, is consistent with the intent of the Limited Commercial zone, and conforms to the Comprehensive Plan. Details of the review are outlined in the body of the ordinance. The issue of whether or not the rezone could be considered spot zoning under the Griswold' decision was considered. That decision found that reclassifications under three acres are almost always found invalid. However, the decision also stated that the size of the area should not be considered more significant than other factors in determining if spot zoning has occurred. Consideration should also be given to whether or not the rezone conforms to the Comprehensive Plan and the zoning ordinance. In my opinion, the rezone conforms to the zoning ordinance and the comprehensive plan and does not constitute spot zoning. The Planning Zoning Commission held a public hearing on the application on July 28`" and voted unanimously to recommend the rezone. As prescribed in KMC 14.20.270, that recommendation is being forwarded to City Council for their consideration. Griswold v. City of Homer The Supreme Court of the State of Alaska S -6532, 1996. 1992 the city of KE ALASKA MEMO: TO: Terry Eubank, Acting City Manager FROM: Marilyn Kebschull, Planning Administration DATE: August 10, 2010 SUBJECT: Ordinance No. 2506 -2010 Rezone Tillage with a Past, Gcty with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I Telephone: 907 283 -7535 FAX: 907 283 -3014 tllllt 1 JY2 Ordinance No. 2506 -2010 is an ordinance amending the official City of Kenai zoning map to rezone Lot 3A of Karen Subdivision from General Commercial to Limited Commercial. KMC 14.20.270 provides procedures and criteria for an amendment. An application to rezone the property was submitted by Tony Doyle who owns the property. The property is located off the Kenai Spur Highway at approximately Mile 8. According to the Kenai Peninsula Borough, this property is approximately 1.26 acres in size. There are two structures located on the property; a residence that has existed for over 50 years and an office /residence built in 2002. The General Commercial zone restricts residential use to strictly secondary and the structures are considered non conforming. The owner believes the rezone to Limited Commercial wouid provide opportunities for commercial use while permitting residential use. I reviewed the application and found it met the requirements of KMC 14.20.270, is consistent with the intent of the Limited Commercial zone, and conforms to the Comprehensive Plan. Details of the review are outlined in the body of the ordinance. The issue of whether or not the rezone could be considered spot zoning under the Griswold' decision was considered. That decision found that reclassifications under three acres are almost always found invalid. However, the decision also stated that the size of the area should not be considered more significant than other factors in determining if spot zoning has occurred. Consideration should also be given to whether or not the rezone conforms to the Comprehensive Plan and the zoning ordinance. In my opinion, the rezone conforms to the zoning ordinance and the comprehensive plan and does not constitute spot zoning. The Planning Zoning Commission held a public hearing on the application on July 28th and voted unanimously to recommend the rezone. As prescribed in KMC 14.20.270, that recommendation is being forwarded to City Council for their consideration. Griswold v. City of Homer The Supreme Court of the State of Alaska S -6532, 1996.