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HomeMy WebLinkAboutOrdinance No. 2586-2011he ciyo/ KENAI, ALASKA Suggested by: Planning ex,, Zoning Commission CITY OF KENAI ORDINANCE NO. 2586 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING, TRACT C, CENTRAL VIEW SUBDIVISION (KPB PARCEL NO. 04901063) FROM RURAL RESIDENTIAL (RR) TO HEAVY INDUSTRIAL (IH). WHEREAS, the owner of this property initiated a request to rezone the property; and, WHEREAS, the property is currently zoned Rural Residential (RR); and, WHEREAS, the Zoning Code indentifies the Rural Residential zone as, "intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment;" and, WHEREAS, the request is to rezone the parcel to Heavy Industrial (IH); and, WHEREAS, the Zoning Code indentifies the Heavy, Industrial zone as, "established to allow for a broad range of industrial and commercial uses. It is intended to apply to industrial areas which are sufficiently isolated from residential and commercial areas to avoid any nuisance effect;" and, WHEREAS, the property is severely restricted for development by topography which not only restricts development but also provides a natural buffer between any proposed development; 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. City utilities and safe, convenient vehicular access is critical. Buffers between industrial uses and adjacent non - industrial uses are desirable;" and, WHEREAS, the Comprehensive Plan discusses the opportunities and challenges for existing and future industrial land use in the City. The Plan notes the need to preserve existing best - located industrial -zoned tracts for future industrial uses. WHEREAS, the proposed rezone would designate additional property in this area of concentrated industrial development; and, WHEREAS, the access, development constraints and adjacent industrial development support the required rezone; and, Ordinance No. 2586 -2011 Page 2 of 2 WHEREAS, rezoning the property to Heavy Industrial (IH) will enlarge an adjacent district boundary; and, WHEREAS, the rezone meets the requirements of KMC 14.20.270; and, WHEREAS, rezoning the property to Heavy Industrial (IH) is consistent with the 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 Heavy Industrial zone (IH); and, WHEREAS, on September 28, 2011, the Kenai Planning and Zoning Commission voted 5 -1 to recommend City Council rezone the parcel to Heavy Industrial (IH). 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 indicated as Tract C shown on Attachment A from Rural Residential (RR) to Heavy Industrial (IH). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of November, 2011. ATTEST: Corene Hall, Deputy City Clerk PAT PORTE', MAYOR Introduced: October 19, 2011 Adopted: November 2, 2011 Effective: December 2, 2011 of KENAI ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -34 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: Rick Koch ADDRESS: 4575 Kenaitze Court, Kenai, Alaska 99611 LEGAL: Tract C, Central View Subdivision PARCEL #: 04901063 WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Rural Residential 2. The present land use plan designation is Neighborhood Residentia 3. The proposed zoning district is Heavy Industrial 4. An appropriate public hearing as required was conducted September 28 2011 5. That the following additional facts have been found to exist: 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 REZONING of Tract C, Central View Subdivision is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, SEPTEMBER 28, 2011. CHAIRPERSON :t ATTEST`., } A ll✓l.! Lt; or 0 PZ11 -34 - Proposed Rezone Rural Residential to Heavy Industrial ATTACHMENT A Agenda September 28, 2011 Page 2 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 -- September 14, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT 3 -a. Rick Koch, Kenai City Manager - Kenai Bluff Stabilization Project Update City Manager Koch reviewed the history of the project, noting the Corps of Engineers was currently moving forward with the final feasibility study, noting they had secured the funding for 65% of the project. Koch reported the City's 35% would be approximately $15 million. He noted five buildings would need to be removed as part of the project and there would be a public meeting late in October to go over all those details. Clerk's note: ITEM 4: Commissioner Bryson handed the gavel toii Chair Twait at this time. CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS 5 -a. PZ11 -34 - An application to rezone Tract C, Central View Subdivision from Rural Residential to Heavy Industrial. Application submitted by Rick Koch, 4575 Kenaitze Court, Kenai, Alaska. MOTION: Commissioner Navarre MOVED to approve PZ11 -34 and Commissioner Knackstedt SECONDED the motion. Assistant City Planner Carver reviewed the staff report included in the packet. Chair Twait read the rules of public hearing and opened the meeting to public comment. Fran Jones, 226 Susieanna Lane -- Ms. Jones reported she lived on the bluff above the property and her concerns were with increased noise. Rick Koch, 4575 Kenaitze Court -- Mr. Koch, applicant, reported his original plan had been to build a house and shop on the property. He noted he had since purchased a home and would not be building a principal residence on the property, so a rezone PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 28, 2011 PAGE 2 Agenda Page 3 September 28, 2011 would be needed to put up a shop. Commissioner Rogers asked if there would be drilling on the property. Koch responded no. Commissioner Bryson asked if Koch would be open to a split zone. Koch responded yes. Commissioner Navarre asked if the legal access would be through the heavy industrial zone. Koch replied yes. Knackstedt asked where the stream went after it left Koch's property. Koch replied it want beneath the pad on the property south of his through a culvert. Navarre asked if there was a well since there was no city water and sewer. Koch replied he had a well F ran Jones, 226 Susieanna Lane -- Ms. Jones reported she was not opposed to his plan but was concerned if he sold the property in the future. Commissioner Navarre requested Commissioner Bryson review the idea of a split zone. Bryson reported the low area was appropriate for industrial use, but was concerned with the closeness of the residential area.` Knackstedt reported the low lands and slope already restricted development and asked if the Commission could impose restrictions. Carver responded yes. Twait asked if it was possible to get a conditional use permit. Carver reported a conditional use permit would not be allowed. MOTION: Commissioner Bryson MOVED to postpone PZ11 -34 to the October 12 meeting to allow staff to research the split zone. Commissioner Navarre SECONDED the motion. Knackstedt asked Koch if he had concerns with postponement. Koch replied he would use the property for storage, but no building was immediately planned. Carver noted Administration would not offer other options as they were trying to eliminate split zones. VOTE ON POSTPONEMENT: PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 28, 2011 PAGE 3 Agenda September 28, 2011 Page 4 Twait NO NO Bryson Koester YES NO Romain Rogers ABSENT NO Knackstedt Navarre NO YES Rogers YES Navarre MOTION FAILED. Commissioner Navarre requested UNANIMOUS CONSENT on the main motion. Commissioner Bryson objected. VOTE: Twait YES Bryson NO Romain ABSENT Knackstedt YES Koester YES Rogers YES Navarre YES MOTION PASSED. ITEM 6: ITEM 7: ITEM 8: ITEM 9: UNFINISHED BUSINESS -'- .None. NEW BUSINESS None.. PENDING ITEMS -- None. REPORTS 9 -a. City Council -- Council Member Molloy reviewed the Flanders /Kenai Peninsula Racing Lions Board of Adjustment decision, which was granted in part and denied in part; noting pit bikes would require a separate conditional use permit. Molloy reviewed the September 21 City Council meeting action agenda included in the packet, noting CounciFs suggestion to provide legal counsel at Planning and Zoning Commission meetings as needed and supporting Planning Commission training for all commissioners in November. Molloy reviewed the September 27 Council Work Session regarding Clerk Recruitment, noting one additional applicant would be interviewed on October 7, then the Council would convene into Executive Session to review the finalists and return to the meeting to appoint a City Clerk. 9 -b. Borough Planning -- Commissioner Bryson reviewed the agenda of the September 26 Borough Planning Commission meeting, noting no issues pertained to the City of Kenai. 9 -c. Administration -- Carver reported there would be a work session prior PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 28, 2011 PAGE 4 STAFF REPORT To: Planning & Zoning Commission Date: September 2, 2011 Res: PZ11 -34 GENERAL INFORMATION Applicant: Rick Koch 4575 Kenaitze Court Kenai, AK 99611 283 -8222 (work) Requested Action: Rezone — Rural Residential to Heavy Industrial Legal Description: Tract C, Central View Subdivision Street Address: 555 Ervin Street KPB Parcel No.: 04901063 Existing Zoning: Residential Current Land Use: Vacant Land Use Plan: Neighborhood /Residential ANALYSIS General Information: This is an application to rezone Tract C, Central View Subdivision from Rural Residential to Heavy Industrial. In 2008, the parcel was rezoned from Suburban Residential, Rural Residential and Conservation to Rural Residential. This rezone eliminated a split zone. The property owner originally intended to construct a house on the property. However, after further consideration and considering adjacent development, the property owner would like to use the property for a shop and storage which is consistent with the adjacent properties that are zoned Heavy Industrial and developed with industrial uses. 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 (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary." This property is larger than an acre and enlarges an adjacent district boundary. The proposed rezone meets the code requirements for an amendment. The parcel is approximately 5.98 acres and privately owned. This property does not have access to City water and sewer. The original intended use of the property was to construct a residential structure. The parcels surrounding the property are zoned Conservation and Suburban Residential 2 to the north, Suburban Residential to the west, Rural Residential to the east, and Heavy Industrial south. The natural drainage 1134 Comment.doc Page 2 flowing through the western and northern part of the property provides a natural buffer between the residential zoned parcels to the north and west. The Comprehensive Plan Land Use Plan is provided as a guide to decision - making and is intended as a generalized vision. "Although the plan discusses and analyzes land use, it does not regulate land use. That is the task of zonings The Plan defines Industrial Land Use as, "The Industrial district identifies areas reserved for manufacturing, warehousing, trucking, marine - related industry and storage, and similar industrial activities. City utilities and safe, convenient vehicular access is critical. Buffers between industrial uses and adjacent non - industrial uses are desirable." Chapter 4 of the Comprehensive Plan discusses the opportunities and challenges for existing and future industrial land use in the City. The Plan notes the need to preserve existing best - located industrial -zoned tracts for future industrial uses.2 The proposed rezone would designate additional property in this area of concentrated industrial development. The property is currently zoned Rural Residential. The parcel is identified in the Comprehensive Plan as Neighborhood Residential which is defined as, `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 rnay 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." The property location and adjacent development do not appear consistent with the Neighborhood Residential land use designation. Building Official: No building code issues. RECOMMENDATIONS This is a request to rezone a 5.98 parcel from Rural Residential to Heavy Industrial. The proposed rezone meets the criteria for a code amendment as defined in KMC 14.20.270. The Comprehensive Plan provides guidance in decision - making when considering rezones and land use. This property was originally split- zoned. It is unclear why the property was originally zoned with three zoning districts; however, it is believed it was 1 City of Kenai Comprehensive Plan— Page 26. 2 City of Kenai Comprehensive P1an- Page 38. 1 134 Comment.doc Page 3 to accommodate the natural drainage flowing through the parcel. The property is severely restricted for development by topography which not only restricts development but also provides a natural buffer between any proposed development and development to the north and west of the developable portion of the land. To provide an idea of the geographic limitations on this property, two exhibits are provided from the Kenai Peninsula Borough lidar. One shows hillshade and the other shows slope. The drawings clearly depict development constraints. The access, development constraints and adjacent industrial development support the requested rezone. The property is accessed via Ervin Street located off Bridge Access Road in an area with commercial /industrial development. Even though properties to the west, north, and east are residentially zoned, it appears the highest and best use of this property is to rezone the property to the industrial zone. The natural geographic separation will provide protection from any industrial development to the residential zones that abut the property. The proposed rezone appears consistent with the zoning code and the Comprehensive Plan. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ11 -34 2. Application 3. Maps KENAI`ALASKA 'Village with a Past, CI with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 TIP www.ci.kenai.ak.us 1992 REZONING APPLICATION PETITIo: ADDRESS PHONE LEGAL DESCRIPTION PRESENT ZONE PROPOSED ZONE rfs S Xenon -i-ze. C4-± 3ct - ©) O 7:S /ZJ/k , .. 2 S." Cep (Vi (a 5,1,74C- Rural 'Res e+v` tGt, 1 (t k lR) ea tA1 .- ►LJJ5h:a.1 ('» ) Intended Use and /or Reason for Rezoning: U,s- 0 c Pry erg? -fir-- shop 0-c, 4ee4- w, + 4 duc cent pro zon-ril use-. (soc»1) 1--c el e k 'tat niti-LI ect 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. Amendments to the Kenai Zoning Code and Official Map may be initiated by: Kenai City Council; Kenai Planning and Zoning Conunission; 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 Horne 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 $100.00 (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. 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. Petitioner's Signature REZONING CHECKLIST: ✓ a. MAP 1/ b. SIGNATURES c. DEPOSIT /ADVERTISING FEE ($100 + sales tax) d. APPLICATION FORM OR LETTER ✓e. AFFIDAVIT OF POSTING Trac 3, Central View St )division