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HomeMy WebLinkAboutOrdinance No. 2640-2012the city of KENAI. ALASKA Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 2640 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING, BARON PARK SUBDIVISION FIRE ADDITION LOTS A -1 -A, A -1 -B, AND THAT PORTION OF LOT A -1 -B BEING UTILIZED FOR A FIRE INDUSTRIAL /STRUCTURAL TRAINING SCHOOL (PARCEL #'s 04501019, 045010020, and 04501021)FROM EDUCATION (ED) TO LIGHT INDUSTRIAL (IL). WHEREAS, the City of Kenai as owner of this property initiated a request to rezone the property; and, WHEREAS, the property is currently zoned Education (ED); and, WHEREAS, the Zoning Code states that the intent of the Educational Zone (ED) is to provide for an area primarily of education and related uses such as schools, dormitories for educational purposes, parks and recreation, libraries and museums; and, WHEREAS, the City Administration has requested to rezone the lots from Education Zone (ED) to Light Industrial (IL); and, WHEREAS, the Zoning Code states that the intent of the Light Industrial Zone (IL) is to provide for the development of industrial and commercial uses which are usually compatible and which are of a type which has no nuisance effects upon surrounding property, or which may be controlled to prevent any nuisance effects upon surrounding property; and, WHEREAS, the Zoning Codes states that new residential uses and other non- industrial uses, except as otherwise provided in the Zoning Code, are not permitted in the Light Industrial zone as principal uses because land classified in this zone should be reserved for industrial and commercial purposes, and because the Light Industrial zone is not suited to the excluded uses; and, WHEREAS, Lot A -1 -A is over 30 acres, is the largest parcel in the application to rezone, and was previously leased by the City of Kenai to the University of Alaska for use as the training site for the University's Mining and Petroleum Program; and, WHEREAS, the University of Alaska no longer leases Lot A -1 -A; and, WHEREAS, the City initiated a subdivision to subdivide Lot A -1 -A to create lots for the new City shop and for the Daubenspeck Family Park, and; WHEREAS, Lot A -1 -B is owned by the City and on it is constructed the Alaska Fire Training Center, also commonly known as "the Beacon Building;" and, Ordinance No. 2640 -2012 Page 2 of 2 WHEREAS, the City has a facility management agreement for the Alaska Fire Training Center (Center) with Beacon Occupational Health & Safety Services (Beacon) and Beacon manages and operates the Alaska Fire Training Center and provides education and training and other occupational health and safety services to business and industry at the Alaska Fire Training Center; and, WHEREAS, Beacon maintains offices within the Center and similarly provides office space for Homer Electric Association and Hilcorp Energy in the Center; and, WHEREAS, the existing and proposed uses on Lots A -1 -A and A -1 -B are consistent with the purposes and intent of the Light Industrial Zone; and, WHEREAS, the 2003 Comprehensive Plan defines Industrial Land Use as, "the Industrial district identifies areas reserved for manufacturing, warehousing, trucking, marine - related industry, storage, and similar industrial activities; states that City utilities and safe, convenient vehicular access is critical to this district; and further states that buffers between industrial uses and adjacent non - industrial uses are desirable;" and, WHEREAS, the 2003 Comprehensive Plan discusses the opportunities and challenges for existing and future industrial land use in the City and identifies the need to preserve existing best - located industrial -zoned tracts for future industrial uses; and, WHEREAS, the 2003 Comprehensive Plan provides policy guidelines to consider when zoning land for industrial uses including: whether there is adequate access to collector or arterial level streets, adequate public services, whether the zoning will to minimize potential conflicts with adjacent non - industrial uses, and whether the zoning will minimize potential hazards from proposed industrial uses; and, WHEREAS, Lots A -1 -A and A -1 -B are located off Marathon Road, which provides adequate access to the Lots; are served by City water and sewer; and are separated from the closest residential area by an adjacent tract of land zoned Conservation; and, WHEREAS, the proposed rezone would designate additional property in an area of concentrated industrial development and will enlarge an adjacent district boundary; and, WHEREAS, the rezone meets the requirements of KMC 14.20.270; and, WHEREAS, rezoning the property to Light Industrial (IL) is consistent with the 2003 Comprehensive Plan; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment A to the Light Industrial zone (IL); and, WHEREAS, on June 27, 2012, the Kenai Planning and Zoning Commission voted unanimously to rezone the lots to Light Industrial (IL). Ordinance No. 2640 -2012 Page 2 of 2 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 parcel shown on Attachment A from Education (ED) to Light Industrial (IL). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of August, 2012. ATTEST: San c ra\Iodigh, Cftr Clerk PAT PORTER, MAYOR Introduced: July 18, 2012 Adopted: August 1, 2012 Effective: September 1, 2012 Proposed Rezone Education to Light Industrial Conservation Limited Commercial Central Mixed Use Central Commercial Legend General Commercial a Light Industrial 1 Heavy Industrial 1 Recreation Rural Residential Rural Residential 1 Suburban Residential Suburban Residential 1 Attachment A Suburban Residential 2 Urban Residential Historic Townsite Education STAFF REPORT To: Planning & Zoning Commission Date: June 13, 2012 Res: PZI2-16 GENERAL INFORMATION Applicant: Rick Koch, City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 283 -7535 Requested Action: Legal Description: Rezone — Education to Light Industrial Baron Park Subdivision Fire Addition Lots A -1 -A, A -1 -B, and A -1 -B That Portion being Utilized for a Fire Industrial /Structural Training School. Including the following parcels Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Education Industrial — Fire Training Facility & Daubenspeck Family Park Central Commercial General Information: This property includes three parcels owned by the City of Kenai. The City is proposing a rezone of the property to match the existing use and future proposed development. A portion (Lot A -1 -A) of the property was previously leased by the University of Alaska and used to provide training for the University's Mining and Petroleum program. The university no longer leases the property. The Fire Training Facility is located on Lot A -1- B. The Fire Training Facility houses the Beacon Occupational Health & Safety Services. Beacon provides a variety of support services to business and industry. The City of Kenai also leases office space to other businesses in the Fire Training Facility. The City is in the process of subdividing these properties. Parcels will be subdivided for the City's new shop building and the Daubenspeck Family Park. All existing and future proposed uses are permitted in the Light Industrial zone. During the subdivision process, right -of -ways Street Address KPB Parcel No. Legal 400 Marathon Road 04501019 Baron Park Subdivision Fire Addition Lot A -I -A 450 Marathon Road 04501020 Baron Park Subdivision Fire Addition Lot A -I -B 355 Magic Avenue 04501021 Baron Park Subdivision Fire Addition Lot A -1 -B That Portion being Utilized for a Fire IndustriaUStructural Training School Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Education Industrial — Fire Training Facility & Daubenspeck Family Park Central Commercial General Information: This property includes three parcels owned by the City of Kenai. The City is proposing a rezone of the property to match the existing use and future proposed development. A portion (Lot A -1 -A) of the property was previously leased by the University of Alaska and used to provide training for the University's Mining and Petroleum program. The university no longer leases the property. The Fire Training Facility is located on Lot A -1- B. The Fire Training Facility houses the Beacon Occupational Health & Safety Services. Beacon provides a variety of support services to business and industry. The City of Kenai also leases office space to other businesses in the Fire Training Facility. The City is in the process of subdividing these properties. Parcels will be subdivided for the City's new shop building and the Daubenspeck Family Park. All existing and future proposed uses are permitted in the Light Industrial zone. During the subdivision process, right -of -ways PZ12-16 - Comments Page 2 will be dedicated and existing water and sewer lines will be located. Kenai Municipal Code 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 (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary." This property is bordered by areas zoned Light Industrial and includes over 40 acres of land. The requested rezone meets the criteria for an amendment. The Comprehensive Plan classifies the area as Central Commercial. Central Commercial is defined as, "The Central Commercial district supports retail, service, and office business that serve all of Kenai and the larger region. It is the Kenai subregion's main commercial district. Retail, service, office, and public uses predominate. Non- commercial uses, such as public offices, institutional uses, and dwellings may be appropriate among commercial uses within mixed use areas."I The Plan also provides policy guidelines to consider when zoning land for industrial uses. These are listed on Page 38 of the Plan and include: • The use has adequate access to a collector or arterial level street. The property is served by Marathon Road and Magic Avenue. Access is adequate. • The use had adequate public services. The property is served with City water and sewer and accessed by developed right-of-ways. • Potential conflicts with adjacent non -industrial uses have been minimized through the site design. The closest residential area is separated from the subdivision by an adjacent tract of land zoned conservation. The natural drainage running through the tract of land zoned conservation provides a natural buffer between these parcels and the residential parcels to the east. • Potential hazards from the proposed industrial use have been minimized. Any future development in the area will be constructed to meet industry safety guidelines. Building Official: No building code issues. RECOMMENDATIONS t ne proposed rezone meets the requirement for an amendment as defined in KMC 14.20.270 and conforms to the Comprehensive Plan. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ12-16 2. Application 3. Map 1 "City of Kenai Comprehensive Plan"— Page 29. eafof 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 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZI2 -16 REZONE PERMIT NAME: Rick Koch, City Manager. City of Kenai LEGAL: Baron Park Subdivision Fire Addit on Lots A -1 -A, A -1 -B, and A -1 -B That Portion being tz•I.«.� WI al'IL nLuuslrtal/Jtrucrurat 1 ramtn *School mcludinr the folio win arc Street Address KPB Parcel No. f _. Baron Park Subdivision Fire Addition LotA -1 -A 400 Marathon Road 04501019 450 Marathon Road 04501020 Baron Park Subdivision Fire Addition LotA -1 -B 355 Magic Avenue 04501021 Baron Park Subdivision Fire Addition Lot A -1 -B That Portion being Utilized for a Fire Industrial /Structural Trainin. School WHEREAS, the Commission finds the following: 1. The subject properties currently zoned Education els: 2. The present land use plan designation is Central Commercial 3. The proposed zoning district is Light Industrial 4. The proposed land use plan designation Central Commercial 5. An appropriate public hearing as required was conducted June 27, 2012 6. That the following additional facts have been found to exist: a. The proposed rezone will meet existing and proposed future uses. b. The proposed rezone meets the requirements of KMC 14.20.270(2). c. The proposed rezone conforms to the Comprehensive Plan. 7. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by thePlanning and Zoning Commission of the City of Kenai that the petitionedREZONING of a BARON PARK SUBDIVISION FIRE ADDITION LOTS A -1 -A, A -1 -B, AND A -1 -B THAT PORTION BEING UTILIZED FOR A FIRE INDUSTRIAL /STRUCTURAL TRAINING SCHOOL is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY fF KENAI, ALASKA, June 27, 2012. CHAIRPERSON: ` \ \\ .t ATTEST: he a( KENAI, ALASKA "Tillage with a Past, Gi with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / Fax: 907 - 283 -3014 www.ci.kenai.ak.us r 1992 IIIIII REZONING APPLICATION Intended Use and /or Reason for Rezoning: Ownership and use no longer matches Education Zone. 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 NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 6/5/2012 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 majority 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 the Home Rule Charter of the City of Kenai. Amendments to the Official Zoning Map shall be considered only if the area to be PETITIONER Rick Koch, City Manager, City of Kenai ADDRESS 210 Fidalgo Avenue Kenai, AK 99611 PHONE 283 -7535 LEGAL DESCRIPTION Baron Park Sub Fire Addition Lots A -1 -A, A -1 -B, and A -1- B That Portion being Utilized for a Fire Industrial /Structural Training School KPB Parcels: 04501019, 04501020, 04501021 PRESENT ZONE Education PROPOSED ZONE Light Industrial Intended Use and /or Reason for Rezoning: Ownership and use no longer matches Education Zone. 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 NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 6/5/2012 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 majority 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 the Home Rule Charter of the City of Kenai. 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 alley right-of- way) unless the amendment enlarges an adjacent district boundary. 3. A Public Notification and Hearing is required before the issuance of this permit. A $125 (plus sales tax) 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 zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. i Petitioner's Signature REZONING CHECKLIST: a. MAP b. SIGNATURES N,A c. DEPOSIT/ADVERTISING FEE ($125 + sales tax) d. APPLICATION FORM OR LETTER ✓' e. AFFIDAVIT OF POSTING 6/5/2012 City of Kenai Proposed Rezone