HomeMy WebLinkAboutOrdinance No. 2712-2013M
Suggested by: Planning &. Zoning Commission
CITY OF KENAI
ORDINANCE NO. 2712 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE OFFICIAL KENAI ZONING MAP BY REZONING TRACT A, KILLEN ESTATES,
RICHMOND ADDITION FROM A SPLIT ZONE RURAL RESIDENTIAL (RR) AND
SUBURBAN RESIDENTIAL (RS) TO RURAL RESIDENTIAL (RR) ONLY.
WHEREAS, this parcel of more than four (4) acres was replatted in 2011, and as result
of that platting action a split -zone was created; and,
WHEREAS, the property is currently zoned Rural Residential and Suburban
Residential; and,
WHEREAS, the property owner supports this action to rezone the property initiated by
the Planning & Zoning Commission; and,
WHEREAS, the rezone to Rural Residential is consistent with the 2003 City of Kenai
Comprehensive Plan; and,
WHEREAS, on June 26, 2013, the City of Kenai's Planning and Zoning Commission
held a public hearing and voted unanimously to the City Council that the property be
rezoned to Rural Residential; and,
WHEREAS, that City Administration supports this rezone; and,
WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on
Attachment A to Rural Residential (RR) to allow for full and reasonable property use.
Section 1. Form: That this is a Code ordinance.
Section 2. That the official Kenai Zoning Map is amended by rezoning a portion of
Tract A, Killen Estates, Richmond Addition from a split zone Rural Residential (RR)
and Suburban Residential (RS) to Rural Residential (RR) only, as shown on
Attachment A.
Section 3. That this Ordinance shall be forwarded to the Kenai Peninsula Borough
to Amend the Official City's Zoning Map.
Section 4. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
Ordinance No. 2712 -2013
Page 2 of 2
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section S. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall
take effect August 17, 2013.
PASSED BY THE COUNCIL OF THE CITY. OF KENAI, ALASKA, this 17th day of July,
2013.
ATT AJ
Sand od'gh, City Clerk
� aten���
PAT PORTER, MAYOR
Introduced: July 3, 2013
Adopted: July 17, 2013
Effective: August 17, 2013
New Text Underlined; [DELETED TEXT BRACKETED]
M
IlVilla! p with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tllll
1992
MEMO*
A TO: Rick Koch, City Manager
N�FROM: Nancy Carver, Acting City Planne
DATE: June 27, 2013
SUBJECT: Ordinance No. 2712 -2013 — Rezone
Ordinance No. 2712 -2013 is an ordinance amending the official City of Kenai zoning
map to rezone the parcel legally described as Tract 2A, Killen Estates, Richmond
Addition (733 McKinley Street) from Rural Residential and Suburban Residential (split
zone) to Rural Residential. KMC 14.20.270 provides procedures and criteria for an
amendment.
An application to rezone the property was submitted by Bill Richmond. The property is
located at the end of McKinley Street. In 2011, the property owner removed the lot line
creating one (1) large parcel. One parcel was zoned Rural Residential and the other
was zoned Suburban Residential. Removing the lot line created a split zone. This was
missed during the review of the plat. The City tries to eliminate split zones when they
are created due to subdivision replats. The development standards are different in each
zone, which can cause problems with certain types of development and uses. Based
on the size of the lot and on -site utilities, the property mirrors the Rural Residential
zone.
I reviewed the application and found it met the requirements of KMC 14.20.270. Details
of the review are outlined in the body of the ordinance. On June 26th, the Planning &
Zoning Commission held a public hearing on the application and voted unanimously to
recommend the rezone. As prescribed in KMC 14.20.270, that recommendation is
being forwarded to Kenai City Council for their consideration.
STAFF REPORT
To: Planning & Zoning Commission
Date: June 10, 2013
GENERAL INFORMATION
Applicant: Bill Richmond 398 -3152
P.O. Box 3152
Kenai, AK 99611
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Res: PZ13 -30
Rezone — Split Zone — Suburban Residential & Rural
Residential to Rural Residential
Tract 2A, Killen Estates, Richmond Addition
733 McKinley Street
04321028
Split — Rural Residential (RR) & Suburban Residential
(RS)
Single Family Home
Neighborhood Residential
General Information:
This is an application to rezone the property described above as Tract 2A, Killen Estates,
Richmond Addition, as shown on Attachment A, from a split zone Rural Residential and
Suburban Residential to Rural Residential. There is a single - family structure on the lot.
The property is served by onsite water & sewer.
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 adjacent
to property zoned Rural Residential and Suburban Residential. The lot contains
approximately 4.78 acres. The requested rezone meets the criteria for an amendment.
The property is located at the end of McKinley Street. This portion of McKinley Street is
not maintained. In 2010, to obtain a building permit, the applicant was required to build a
single - family driveway. Single family driveways are built to provide developed access to
properties and consist of construction of a half street. It was the owners intent to build
on one lot, but during the inspection process it was determined the house encroached into
the setbacks. Removing the lot line between the two (2) parcels would eliminate the
encroachment violation.
PZ13 -30- Comments
Page 2
In 2011, the property owner removed the lot line creating one (1) large parcel. One parcel
was zoned Rural Residential and the other was zoned Suburban Residential. Removing
the lot line created a split zone. This was missed during the review of the plat. The City
tries to eliminate split zones when they are created due to subdivision replats. The
development standards are different in each zone, which can cause problems with certain
types of development and uses. Based on the size of the lot and on -site utilities, the
property appears to mirror the Rural Residential zone.
The intent of the Rural Residential zone is, "The RR Zone is intended to provide for low
density residential development in outlying and rural areas in a form which creates a
stable and attractive residential environment." "The intent of the RS Zone is intended to
provide for medium density residential development in areas which will be provided with
common utility systems."
The Comprehensive Plan classifies the area as Neighborhood Residential. "The
Neighborhood Residential district consists of single - family and multi - family residential
areas that are urban or suburban in character. Typically, public water and sewer services
are in place or planned for installation. This land use district may include both single -
family and multi- family dwellings subject to reasonable density transitions and/or design
compatibility. Formal public outdoor spaces (parks) are a critical feature in this district.
Small home -based businesses may be accommodated within certain design guidelines.
Neighborhood institutional uses such as churches, schools, and day care facilities may be
intermixed if they comply with neighborhood design guidelines."
Building Official:
No building code issues.
RECOMMENDATIONS
The proposed rezone meets the requirements of the Kenai Municipal Code. The parcel is
accessed off of McKinley Street from Redoubt Avenue. The rezone will enlarge an
adjacent boundary, and eliminate a split zone, which can cause problems with certain
types of development and uses. Based on the size of the lot and on -site utilities, the
property appears to mirror the Rural Residential zone.
Recommend approval.
ATTACHMENTS:
1.
Resolution No. PZ13 -30
2.
Application
3.
Single Family Driveway Permit
4.
PZ 11 -17
5.
Map
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ13 -30
REZONE PERMIT
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: Bill Richmond
LEGAL: Tract A Killen Estates Richmond Addition
STREET ADDRESS: 733 McKinley Street
KPB PARCEL NO.: 04321028
WHEREAS, the Commission finds the following:
1. The subject property is currently zoned Rural Residential & Suburban Residential (Split)
2. The present land use plan designation is Residential
3. The proposed zoning district is Rural Residential
4. The proposed land use plan designation Neighborhood Residential
5. An appropriate public hearing as required was conducted June 26, 2013
6. That the following additional facts have been found to exist:
a. The proposed rezone meets the requirements of KMC 14.20.270(2).
7. 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 a Tract A, Killen Estates, Richmond Replat is
hereby recommended to the Kenai City Council.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, JUNE 26, 2013.
CHAIRPERSOP
A
"V llaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014
www.ci.kenai.ak.us �
CITY OF KENAI
JUN 6 2013
REZONING APPLICATION 1 PLANNING DEPARTMENT
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DESCRIPTION
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PROPOSED ZONE
Intended Use ancL'or Reason for Rezoiring: (i'Li /) j J J lr /) a�� i
Section 14.20?70 Anienchnent Procedure, govens any uuendrnent 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.
L Aruendruerrt. to the Kenai Zoning Code and Official. Map may be initiated by:
Kenai Cite Comrcil; Kenai Pluming and Zorurig Conunissiori Submission of a
petition by a majority of the propeit, owners in the area to be rezoned; or, a
petition bearing the signatures of fit, (50) registered votefs within the City of
Keruii to uuend Ure ordinance text, of, submission of a petition as provided by the
Home Rule Charter of the City of Kenai
2. Arnenclments to the Official Zoning Map Shall be be only if the urea to be
rezoned contain, a nirrinnnmi of one (1) acre (excluding street or alley r(ht -of-
way) miless the arnendinent enlarges an adjacent di trict bomrduy.
8119/2011
3. A Public Notification and Hearing is required before the issuance of this permit.
A $125 (phis sales tax') non- refiuidable deposit /advertising and administrative
services fee is required to cover these notification costs. Depending on the rezone
location, an Affidavit of Postiuug nuay also be required.
4. A proposed amendment to the zoning ordinance which is substantially the sarue as
aruy other proposed amendment submitted within the pre-.ious ruirle (9) morrtlrs
and which was not approved shall not be considered.
Petitioner's Signature
REZONING CHECKLIST:
V a. AIAP
b. SIC'NATURES
_v' c. DEPOSMADVERTISING FEE ($125 +sales tax)
APPLICATION FORAM OR LETTER
e. AFFIDAVIT OF POSTING
8/9/2011
n C'�
10� 13200
Permittee: -3le-t /2/
Address: 73-3 �
Phone Number: — .3
2 010- 004726 -0
A Recording Dist: 302 - Kenai
s 6/14/2010 12:00 PM Pages: 1 of 3
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CRTT OF KFNAR
111 FIBALGO AVENUE
KEMAY, AK 99611
I
ON PUBLEC fi;l -O A"
Permit No:
Z
��rsy
Location: -233 fi7Gicia�l��
Work to be completed by 1 / 20!pin accordance with the attached
sketch and /or attached plans. The permit will be void if no work is accomplished by this date. Any
installation without a valid permit will be treated as an encroachment (KMC 14.20.155)
The permittee certifies that this Is the owner, or authorized agent of the property that the
conditions, restrictions, and regulations of the City of Kenai will be complied with. Further, the
permittee will maintain the driveway In accordance with the provision listed below.
The permittee, on signing this permit, hereby acknowledges and agrees to accept the following
provisions:
I. All driveway or road approaches constructed under this permit within any rights -of -way shall
be the property of the City of Kenai. All costs and liability for maintenance shall be at the
sole expense of the owners of those lands served.
2. Such facilities shall be constructed and maintained in such a manner that the street and all
Its appurtenances or facilities, including, but not limited to, all drainage, culverts, utilities and
their safety shall not be impaired or endangered in any way by the construction or
maintenance of this facility,
/1 119 15 -inch culverts are required at all rights -of -ways and property line intersections.
7/21/09
0
3. The permittee shall adjust, relocate or remove this improvement without cost or liability to
the City of Kenai if, at any time, or from time to time, the use or safety of the street requires
this to be done. The permittee shall assume all liability or costs in connection with the
Improvement and shall hold the City of Kenai or its officers, agents, employees, contractors
harmless in any way pertaining to the improvement.
4. The City of Kenai reserves the right to inspect and /or reject materials or workmanship not to
City of Kenai standards, to stop work until corrections are made, or to require removal of the
improvement and to charge time and equipment to the permittee to correct the
improvement if It fails to comply to the attached City of Kenai Typical Section for a Single
Family Dwelling Access Right -of -Way Permit.
5. A copy of this permit must be available for review on -site at all times during construction.
6. The permittee certifies that the minimum clearance between the proposed finished driveway
grade and the lowest aerial utility conductor is in accordance with the requirements of the
National Electric Safety Code (Section 23), but in no case is less than eighteen (18) feet.
7. This agreement transfers to any /all future property owners until the road is acceptable by
the City of Kenai for maintenance.
8. The permittee is responsible for obtaining and compliance with all permits required by other
local, state and federal agencies.
9. The permittee is responsible for the recording of this City of Kenai Typical Section for a
Single Family Dwelling Access Right -of -Way Permit, and all fees associated with this
recording. A copy of the recorded easement must be returned to the City of Kenai. Permit
is not valid until a recorded copy is returned to the City of Kenai.
10. The engineer must submit signed documentation to the City of Kenai verifying the driveway
was constructed to the standards of the City of Kenai Typical Section for a Single Family
Dwelling Access Right -of -Way permit drawing (attached).
1, A/4-z- > hereby agree to construct my access
driveway — located at 733 (attach drawing) to the
requirements of the City of Kenai Typical Section for a Single Family Dwelling Access Right -of -Way
Permit (attached). The building permit will not be issued until the access driveway is completed
and a final n inspection Is conducted and approved by an Engineer,
_
�/_ 6
Name
Date
2j-
Approved
Aby"
Date
2 1111111111111 I111111111111lil 7/21/09
2 of 3
2010 - 004726 -0
STATE OF ALASKA
) ss
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this day of C lC 20 ( l
-
being personally known to me or having produced satisfactory evidence of identification, appeared
before me and acknowledged the v7;L , r;;: ecution of the foregoing Instrument.
ttbyj" C
`�l< <,Y J. C,f`ii
NOTq� pV
Permit granted by:
Date: I
Return to:
Nancy Carver
City of Kenai
210 Fidalgo Ave,
Kenai, AK 99611
1% C
IIj n1
fn BLIC -
Use only % ��aFnU'l
Title; u
3 Ili 1111111111111111111111111111111111
3 of 3
9n10_004726 -0
7/21/09
NELSON
ENGINEERING
CONSULTING ENGINEERS
155 BIDARKA STREET
(907) 283 -3583
STRUCTURAL CIVIL ENVIRONMENTAL
KENAI, ALASKA 99611
FAX (907) 283 -4514
June 14, 2010 - vt�/// /� 'y
Wayne Ogle, Public Works Director //f �t7 �
City of Kenai JAN l
110 Fidalgo 4 pp�0 i
Kenai, Alaska 99611
RE: Bill Richmond 733 McKinley Street Driveway in right of way. '? C' • °` =
Dear Mr. Ogle,
At the request of Bill Richmond, I inspected the construction of a driveway in the McKinley Street right of
way to access Mr. Richmond's property at 733 McKinley Street. The purpose of my inspection was to
confirm that the driveway within the right of way is constructed in conformance with the City of Kenai's
'Typical Sections for Single Family Dwelling Access Right of Way Permit.'
I visited the site prior to construction to review existing drainage patterns. The driveway extends
approximately 280 feet south from Redoubt Avenue to Mr. Richmond's property which lies on the west
side of McKinley Street. The driveway is built in the west side of the right of way centerline and is 12'
wide. There is an existing paved approach at Redoubt Avenue. The area is very flat and runoff will
dissipate by percolation, so the final driveway grade was established approximately 1' above adjoining
ground. Ditches were excavated to approximately 2' deep to provide adequate snow storage and room
for snowmelt to accumulate off of the road surface. The area had been previously cleared and had a thin
layer of gravel. The new driveway was constructed by excavating out the existing gravel surface and
approximately 2 feet of unsuitable soils to expose underlying NFS sand. After excavation was complete,
NFS gravel was brought in to fill to within 4" of final grade. A final lift of 2" minus non frost susceptible
gravel was then placed a finish driving surface. All material was compacted as it was placed. Mr.
Richmond's property is accessed via a driveway at the end of the McKinley Street extension. A culvert
was placed parallel to McKinley street at the driveway. The final surface was graded and compacted and
conforms to the Typical Sections for Single Family Dwelling Access Right of Way Permit.'
Preconstruction.
vreconstruction -test hole.
Wayne Ogle
June 14, 2010
Page 2 of 4
Preconstruction Test Hole to find NFS.
South- Right.
rya jazd
Fit;
Excavation- Checking soil strata.
Preconstruction -Test Hole.
b,}
i t j
T� x
Excavation - Looking south.
t j r
V..
After excavation down to NFS sand,
Wayne Ogle
June 14, 2010
Page 3 of 4
Placing /compacting NFS gravel.
unveway roughed in.
1FS.
Wayne Ogle
June 14, 2010
' Y y
6/14/10- Looking south with 2" minus topping.
�c f
Y
Richmond D/W looking west.
Existing Paved Approach at Redoubt.
I certify that the driveway was built in compliance with the City of Kenai `Typical Sections for Single
Family Dwelling Access Right of way Permit.'
Signed:
.'49TH :*
P /akasi�`�_•-
/
= `
CITY OF KENAI
PLANNING AND ZONING COMMISSION
ttie ° °h °f
KENAI, ALAS"
RESOLUTION NO. PZI1 -17
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat KILLEN ESTATES RICHMOND ADDITION was referred to the
City of Kenai Planning and Zoning Commission on Mav 3. 2011 and received from MCLANE
CONSULTING, INC.
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned RR— Rural Residential and therefore subject to said zone conditions.
2. Water and sewer: Not Available.
3. Plat does not subdivide property within a public improvement district subject to special
assessments. There is not a delinquency amount owed to the City of Kenai for the referenced
property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create
nor increase the encroachment.
8. Street names designated on the plat are correct.
9. CONTINGENCIES:
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH
PLANNING COMMISSION APPROVES KILLEN ESTATES RICHMOND ADDITION
SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, MAY 25. 2011.
CHAIRPERS N: tt
ATTEST:
PZ13 -30 - Rezone
Tract A, Killen Estates, Richmond Addition
ATTACHMENT A