HomeMy WebLinkAboutOrdinance No. 2143-2006Suggested by: Planning and Zoning
CITY OF KENAY
ORDYNANCE NO. 2143-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE OFFICIAL KENAI ZONING MAP BY REZONING TRACT A-1B, PETERSEN
SUBDIVISION NO. 3, FROM BEING SPLI"f-ZONED CONSERVATION (C) AND
TOWNSITE HISTORIC (TSH) TO TOWNSITE HISTORIC (TSH) ONLY.
WHEREAS, the property contains 1.26 acres and is currently split-zoned both
Townsite Historic and Conservation; and,
WH~REAS, rezoning the property would enlarge an adjoining zoning district and,
WHEREAS, Section 14.20.270(b)(2) of the Kenai Municipal Code allows areas
containing less than one acre to be rezoned if its zoning asnendment enlarges an
adjacent zoning boundary; and,
WHEREAS, the property is privately owned; and,
WHEREAS, the City of Kenai Comprehensive Plan states that the Conservation Zone is
intended to contain publicly held land; and,
WHEREAS, the property owner would like to develop the property within the
requirements of the Townsite Historic Zone; and,
WHEREAS, on January 25, 2006, the Kenai Planning and Zoning Cornmission voted
unanimously to rezone the parcel.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the official Kenai Zoning Map is amended by rezoning Tract A-1B,
Petersen Subdivision No. 3 from being split-zoned both Conservation (C) and Townsite
Historic (TSH) to being zoning solely Townsite Historic (TSH).
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lSth day of
February, 2006.
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PAT PORT~MAYOR
A'I`TEST:
~ol~ as, City Clerk
Introduced:
Adopted:
Effective:
February 1, 2006
February 15,2006
March 15, 2006
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,~w,~-~ PLE4NNING A~iD ZfD~iNG COMNIISSIOPV
-' , ' I2E5C3LUTYON NO. P2A6-07
~ EHec~[yof ~~,(~NE PERMIT
KENA~ $KA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSIOl~d OF THE CITY OF
KENAI RECOMMENBING APPROVAL TO THE KENAI CITY COUNCIL OF THE
REQUESTEB REZONING SUBMITTED BY
NAME: Peter Kiauder
ADDRESS: 606 Petersen Way, Kenai, Alaska
LEGAL: Tract A-1B Petersen Subdivision No 3
PARCEL #: 04707412
WHEREAS, the Commission finds the following:
1. The subject property is currently zoned Split- Conservation & Historic Townsite
2. The present land use plan designation is ConservationJOpen Space
3. The proposed zouing districS is Historic Townsite
4. An appropriate public hearing as required was conducted January 25, 2006
5. That the following additional facts have been Pound to exist:
6. Applicant must comply with all Federal, StaYe, and local regulations.
NOW, TH~REFOI2E BE IT RESOLVED, by the Planning and Zoning Commission of the City
of Kenai that the petationed REZONING of Tract A-1B Petersen Snbdivision No 3 is hereby
recommended to the Kenai City Council.
PA5SED Bl' TFIE PLANNIiYG AND ZONdNG COMIVIISSION ~F TfiE C'ITY OF
I£ENAI, ALASICA, JANTJARY 25y2006.
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KENAI~ SKA
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210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~„~
Telephone: 907-283-7535 / FAX: 907-283-3014 ~'~(I~
1992
MEMO:
TO: Charles M. Kopp, Acting City Manager
FROM: Marilyn Kebschull, Pianning Administrator
THRU: Jack La Shot, Public Works Manager~~
~~
DATE: February 7, 2006
SUBJECT: Ordinance No. 2143-2006
The Planning and Zoning Commission held a public hearing on January 25`" and
passed Resolution PZ06-07 recommending an amendment to the official zoning
map. The recommendation was to rezone a portion of Tract A-1 B Petersen
Subdivision Addition #3 from Conservation to Historic Townsite. The proposed
rezone eliminates a split-zoned parcel.
Attached for Council's review are the foliowing:
1. Staff comments dated 1/10/06.
2. Mr. Klauder's application.
3. Resolution PZ06-07.
4. An excerpt of the minutes from 1/12/06 Planning and Zoning
Commission meeting.
5. An aerial photograph showing the proposed rezone.
STAFFREPORT
To: Planning & Zoning Commission
Date: 1 /10(06
Res: PZ06-07
GENERAL INFORMATION
Applicant: Peter Klauder 283-1919
606 Petersen Way
Kenai, AK 99611
Requested Action: Rezone from Conservation to Historic Townsite
~egal Description: Portion of Tract A-1 B Petersen Subdivision Add. #3
Street Address: 606 Peterse~ Way
KPB Parcel No.: 04707412
Existing Zoning: Conservation and Historic Townsite
Current Land Use: Commercial
Land Use Plan: Conservation/Open Space
ANA~YSIS
General Information:
KMC 14.20.270 describes amendment procedures. Section 2 states,
"Amendments to the Official Zoning Map shall be considered only if the area to
be rezoned contains a minimum of one 11) acre (excluding street or alley rights-
of-way) unless the amendment enlarges an adjacent district boundary," The
proposed rezone enlarges an adjacent district boundary.
This parcel is split-zoned; a portion is zoned Conservatio~ and a portion Historic
Townsite. It isn't clear from the record why the split-zone situation was
created. It appears that the zone boundaries followed the Spruce
Street/Westward Street right-of-ways. Klauder & Company Architects, Inc. is
located in the building on the parcel. Based on aerial photography, it appears
the building may straddle the split zone. This could be considered a non-
conforming structure but would require an asbuilt to clarify the exact location of
the building. Applicant would like to remove the split-zone situation to eliminate
the possibility of the non-conforming structure and to allow expansio~ of
commercial activities on this parcel.
0607 Comment.doc Page 2
The Land Use Plan in the Comprehensive Plan identifies land use by parcel lines
and zoning. The land use identified for this parcel does not follow this method
and this parcel may have been incorrectly classified. The Land Use Table does
not separate the portion zoned Historic Townsite and identifies the entire parcel
as Conservation/Open Space. If this property was classified similar to other
parcels, the portion zoned Historic Townsite would have been identified as
Mixed Use. "The Mixed Use district fosters a compatibie mix of retaii, service,
office, pubiic, institutional recreational and multi-family residential uses. The
district does not prescribe specific proportions for these uses, only that all these
uses are desirable within the district. Mixed uses are particularly desirabie in
the Townsite Historic District and City Center overlay zone." The Plan defines
Conservation as, "The Conservation district applies to pubiic lands whose
primary use is open space, recreation, fish and wildlife habitat, drainage ways,
floodp~ain, and wet(ands. Some public improvements may be appropriate within
appropriate design guidelines. Because this parcel is privately owned, it does
not appear to meet the c~iteria for Conservation.
City Enqineer:
Nothing additional. The rezone eliminates several problems.
Buildinq Officiai:
No building code issues.
RECOMMENDATIONS
The proposed rezone wili eliminate a split zone situation. The area will be
rezoned from Conservation to Townsite Historic. The record is not clear as to
why the split-zone was originally created; however, it appears that the zones
were deiineated by the Spruce Street/Westward Street right-of-ways.
The applicant notes the intent to continue to operate commercially (Klauder &
Company Architects, Inc.) and the hope to expand the commercial use of the
property. Most commercial uses are not allowed in the Conservation zone. I~
the Townsite Historic zone, some commercial uses are ailowed. However,
those uses that could impact the integrity of the zone require conditional use
permits. Aii new development in the Townsite Historic zone must be reviewed
and approved to insure the integrity of the zone is maintained.
The requested rezone meets the criteria of the Kenai Municipal Code for an
amendment and wili eiiminate a spiit-zone situation. The rezone to Historic
Townsite will allow some commercial activities; however, all new development
in the zone must be reviewed and approved. Through this review process,
concerns about development in the section of the land presentiy zoned
Conservation should be minimized. Recommend approval.
0607 Com~nent.doc
Report prepared by:
Marily~ Kebschull, AICP
Planning Administration
ATTACHMENTS:
Page 3
1. Resolution No. PZ06-07
2. Application with Attachments
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ZONE
Intnended Use a~zd/or Reason for Rezoning:~~l/flelt't"l ~.IR.a~ /~`i'~\~ ~ Ua~, ~~p~~ ~ P
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Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning
Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE
SLANKS AND Ii~iITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE
THAT YOU HAVE READ AND UNDERSTAND THESE CONDITTONS.
1. ~ Amendments to the Kenai Zoning Code and Official Map may be initiated
by: Kenai City Council; Kenai Planning and Zoning Commission;
Submission of a petition by a majoriry of the property owners in the area to
be rezoned; or, a petition bearing the signatures of fifty (50) registered
voters within the City of Kenai to amend the ordinance text; or,
submission of a petition as provided by fhe Home Rule Charter of the City
of Kenai.
2. ~ Amendments to the Official Zoning Map shall be considered only if the
area to be rezoned contains a minimum of one (1) acre (excluding street or
a11ey right-of-way) unless the amendment enlarges an adjacent disirict
boundary.
Rezonan~ Apptication Page 2
3. ~ A Public Notification and Hearing is required before the issuance of this
perrnit. A$lOS.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 Yse required.
4. A proposed amandment to the zoning ordinavice which is substantially the
same as any other proposed amendment submitted within the previous
nine (9} months and which was not approved shalt not be considered.
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Petition~e`rs Signature HAIFtP~RSON
A
~ ~ ~~ REZONRVG CHECKLIST:
(~a. MAP
~-b. SIGNATURL:S
-~~c. DEPOSIT/ADVERTISIN('i FEE ($105)
~--~ d. APPLICATION FORM OR LETTER
~e. AFFIDAVIT OF POSTING
CIT'Y f3F KEI~AI
PLAri~NING .~ND ZONIlVG COR~MISSION
RESQLUTI01~ S'~. PZU6-07
REZ~NE PERNIYT
A RESOLUTION OF THE PLAIVNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COVNCIL OF THE
REQUESTED REZONING SUBMITTED BY
NAME: Peter Klauder
ADDRESS: 606 Petersen Wav, Kenai, Alaska
LEGAL: TractA-1B PetersenSubdivisionNo 3
PARCEL #: 04707412
WH~ItEAS, the Commission finds the following:
1. The subject property is currently zoned Split - Conservation & Historic Townsite
2. The present land use plan designation is Conservation/Open Space
3. The propased zoning dis~rict is Historic Townsite
4. An appropriate public hearing as required was conducted January 25, 2006
5. That the following additional facts have been found to exist:
6. Applicant must comply with all Federal, State, and local regulations.
NOW, T~IEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City
of Kenai that the petitioned REZONING of Tract A-IB Petersen Subdivision No 3 is hereby
recommended to the Kenai City Council.
I'ASSED BY THE PLA~IVING t4N1} Z(31~'ING COMMYSSION OF THE CITY OF
KE:irAI, ALA5I{A, JANUARY 25. 2006.
CFTAIRFEIZS019': Q~~,.~TTEST: aL~,Q.t%"'w~"'f
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5-~. ~~06-6'7 -- An application to rezone a portion of Tract A-1B
Petersen Subdivision Addition No. 3(606 Petersen Way), Kenai,
Alaska, from Conservation to Historic Townsite. Applicatiori
submitted by Peter Klauder, 606 Petersen Way, Kenai, Alaska.
Kebschull provided a brief summary of the purpose of the rezoxze application
and noted the following:
o The proposed rezone would eliminate a split zone situation; the
area would be rezoned from Conservation to Townsite Historic.
• The record was uot clear why there is a split zone, but it may be
the zones were delineated by the Spruce StreetJWestward Street right-of-ways.
• The applicant intends to contir.ue to operate commercially and
hopes to expand the use of the property.
• Al1 new development in the Townsite Historic Zone would be
reviewed and approved to insure the integrity of the zone is maintained.
• Staff recommended approval.
~fOTI~1V:
Commissioner Eldridge MOVEEl~ to approve PZ06-06 and Commissi.oner Romain
SE~ONI9ETJ the motion.
Amen opened the public hearing
Father Tho~aaas Andsew, I{~mai Russian ~rthodox Church, Kenai, Alaska --
Father Andrew noted the following:
• He is not against development in Kenai, but was concerned
further canstruction in Old Towne would take away frorn the Church and
Chapel.
• Noted visitors from ail over visit the Church and Chapel.
• Additional construction would change the scenery of Old Towne
and the behavior would change.
• Requested the Commission keep the area zoned Conservation.
~eter Iflaaxdex, 606 Petersoaa Way, I{eaxai, a4la~ka -- Klauder stated the
following:
• He is the owner of the property with the split zone and runs an
architectural firm from the location.
~ He values the tourists who visit as well as the history of Old
Towne.
p Noted the apartment buildings built in the area do not add to the
flavor in 01d Towne.
• Shares the values and anything he would do on the site would
reflect those values.
e Development causes change and change will happen, whether it is
a change for the better or worse.
PLANNING 8v ZONING COMMISSION
JANUARY 25, 2006
o He hopes that thoughtful development in the Old Towne district
could be a positive thing for Kenai and the residents in the area.
• Anything he chooses to do in the future on the site would have to
be approved by the City of Kenai and the public would have an opportunity to
comment at that time.
• He cviil be respectful of the process.
• When he purchased the property, he did not realize there was a
split zone r3ght through his building.
• Appreciated the Commission's consideration.
Bryson asked if the adjoining property, Lot 1-A, owned by Peter Mysing, a7so
had a split zone lot and Kebschull confirmed that it was a spiit zone lot.
~ecffisy °Tromlalee, S10 Mi~si.an, gSexaai, P~4aslca -- Tromblee stated the
following:
• She understands why the property has a split zone because of the
bluff.
• She is concerned about the bluff, even though it is not eroding at
this area and at this time any construction or building may dasnage it.
• There is a meandering stream through the flats which is an
essential part of Old Towne and she does not want to see that disturbed.
« Requested the Conservation Zone remain in piace.
With no further cornments, Amen closed the public hearing at 7:40 p.m.
Commission discussion followed, including comments as follows:
• Asked if staff wouid describe the area toward the Cook Inlet, the
vegetation type and how active it is, Kebschull replied she did not have the
expertise to do so.
• Bryson stated he noted the bluff is not eroding and the present
owners are careful not to impact the area.
• Asked if the properties in that area are affected by the new
overlay, Kebschull noted split lots wouid need to be considered when reviewing
the overlay.
tl Because the bluff is vegetated and the drainage area is protected,
Eldridge felt the bluff was not impacted by the Cook Inlet.
i7OTE:
1~ait Yes Romain Yes Amen Yes
B son Yes Chase Yes Eldrid e Yes
~OTION PASS~~ 'UNANIIVIOU~LY.
Amen explained the appeal process noting anyone wishing to appeal the
decision could do so in writing within 15 days to the City Clerk.
PLANNING & ZONING COMMISSION
JANUARY 25, 2006