Loading...
HomeMy WebLinkAboutOrdinance No. 2604-2011Suggested by: Planning & Zoning Commission h«rty °f CITY OF KENAI KENAI,AIA SKA ORDINANCE NO. 2604 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING A PORTION OF, LOT 1 -A1, R.M. THOMPSON SUBDIVISION FROM LIGHT INDUSTRIAL (IL) TO GENERAL COMMERCIAL (CG). WHEREAS, this property was replatted and as result of that platting action a split - zone was created; and, WHEREAS, the property is currently zoned Light Industrial and General Conunercial; and, WHEREAS, the Planning and Zoning Administration recommended and the Commission concurred a rezone should be initiated to eliminate the spit -zone situation; and, WHEREAS, the property owner of this property has initiated to rezone the property; and, WHEREAS, the request is to rezone the property to General Commercial; and, WHEREAS, the 2003 City of Kenai Comprehensive Plan identifies the area as Neighborhood Commercial; and WHEREAS, the 2003 Comprehensive Plan defines Neighborhood Commercial as, "areas along the arterial road system that are suitable for small-scale neighborhood - serving retail, service, and office uses... "; and, WHEREAS, the rezone will eliminate a split -zone situation; and, WHEREAS, the rezone meets the requirements of KMC 14.20.270; and, WHEREAS, on December 14, 2011, the Kenai Planning and Zoning Commission voted unanimously to recommend the property be rezoned; and, WHEREAS, the area to be rezoned is shown on Attachment A; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment A to General Commercial (CG); and, Ordinance No. 2604 -2011 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 a portion of Lot l- Al, R.M. Thompson Subdivision from Light Industrial (IL) to General Commercial (CG), as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4Th day of January 2012. ATTEST: 1;d Sarndr Mo 'igh, Ci C City erk 52 PAT PORPER, MAYOR Introduced: December 21, 2011 Adopted: January 4, 2012 Effective: February 4, 2012 . r 011 Attachment A 6� # pis till 9 4 1 ell 9 Nil S S HIT Ci a - F 1' Jj3+ / � s / y \ � 4•' F 0�j .� � �• ''° 5\y of 4��a . ,�� a 6 yr�g��gg�g {$$$$He yy9pp€!�yyt3 €t3C[ °k Q Z W =i CITY OF KENAI PLANNING AND ZONING COMMISSION " RESOLUTION NO. PZI1 -43 'ay j 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: Graydon Cowgili dba Friendship Mission ADDRESS: 14639 Kenai, Spur Highway, Kenai, AK 99611 LEGAL: Lot 1 -Al, R.M. Thompson Subdivision 2011 Addition PARCEL #: 03914228 WHEREAS, the Commission finds the following: 1. The subject property currently zoned General Commercial & Light Industrial 2. The present land use plan designation is Commercial 3. The proposed zoning district is Neighborhood Residential 4. An appropriate public hearing as required was conducted December 14, 2011 That the following additional facts have been found to exist: a. That the proposed rezone will eliminate a split -zone situation created by the plat. 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 Lot I -Al, R.M. Thompson Subdivision 2011 Addition is hereby recommended to the Kenai City Council. KENAI, ALASKA, DECEMBER 14, 2011. ATTEST: i 0 0 m INE HEIGHTS E _ A, fim ©+ Subject Property f \ Q� u, ti i l =, controversial by the Commission and will be approved by one motion. There will be 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. 2. *APPROVAL OF MINUTES -- November 9, 2011 Approved by consent agenda. a. PZ11 -43- An application to rezone Lot 1 -Al, R. M. Thompson Subdivision 2011 Addition (14639 Kenai Spur Highway), from a split zone IL -Light Industrial and CG- Commercial to CG - General Commercial. Application submitted by Friendship Mission, PO Box 2634, Kenai, Alaska. Commissioner Knackstedt MOVED to approve Resolution No. PZ11 -43 and Commissioner Rogers SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, noting the Friendship Mission provided job training, education and housing for homeless men; they were hoping to build a house on the property which was a permitted secondary use within the General Commercial Zone; and, an ordinance would be prepared and submitted to Council for their approval. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION PASSED UNANIMOUSLY. r a. Ordinance No. 2597 -2011 - Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS 1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential 1 (RR -1) and the Urban Residential (RU) Zoning Districts. (At its November 16, 2011 meeting, the council postponed Ordinance No. 2597 -2011 to the August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission so the PLANNING AND ZONING COMMISSION MEETING DECEMBER 14, 2011 PAGE 2 To: Planning & Zoning Commission D, November Applicant: Graydon Cowgill 283 -5277 Friendship Mission P.O. Box 2634 Kenai, AK 99611 r- ANALYSIS Rezone — Split Zone to General Commercial Zone Lot 1 -A1, R.M. Thompson Subdivision 2011 Addition 14639 Kenai Spur Highway 03914228 Split (Light Industrial & General Commercial) Friendship Mission Neighborhood Residential General Information: This application is being submitted as a result of a platting action. The plat created a split zone when one parcel was created from three existing parcels. This rezone eliminates a split -zone situation. The request is to rezone former Lots 25 & 26, Block 3, Radar Subdivision currently zoned Light Industrial to General Commercial. The new larger parcel will be zoned General Commercial. The property is owned by the Friendship Mission, a non - profit, Christian organization that provides ministry and support for homeless men. Services include training, education and housing support. Bible study is held nightly with church services twice weekly. The property owner intends to construct a house on the back part of the new lot. Residential use is a permitted secondary use in the General Commercial zone. Any future developments will be reviewed for zoning compliance when building permits are submitted. KMC 14.20.270 describes amendment procedures. Section 2 states, "Amendments to the Official Zoning Map shall be considered only if the area to PZ11 -43 Page 2 be rezoned contains a minimum of one (1) acre (excluding street or alley rights - of -way) unless the amendment enlarges an adjacent district boundary." The requested rezone enlarges an adjacent boundary and meets the criteria for an amendment. Building Official: No building code issues. RECOMMENDATIONS The plat for R.M. Thompson Subdivision 2011 Addition, created a split -zone situation. On November 9, 2011, the Commission approved R.M. Thompson Subdivision 2011 Addition with the recommendation that the property owner apply for and receive approval of a rezone for the property. This rezone will eliminate the split zone and meets the requirement for an amendment as defined in KMC 14.20.270. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ11 -43 2, Application 3. Maps NOY 1 7 201f REZONING APPLICATION Intended Use and/or Reason for Rezoning: - t k CI' S T � _3 C Y ) 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. 1, 1. i�� 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. 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 alley right -of- way) unless the amendment enlarges an adjacent district boundary. 8/9/2011 3.G� 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. Petitioner ®s Signature REZONING CHECKLIST: a. MAP SIGNATURES %c. DEPOSIT /ADVERTISING FEE ($125 + sales tax) t/ d. APPLICATION FORM OR LETTER e. AFFIDAVIT OF POSTING 8/9/2011 0.0 CITY OF KENAI RESOLUTION NO. PZII-42 SUBDIVISION 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 platR.M. THOMPSON SUBDIVISION 2011 ADDITION was referred to the City of Kenai Planning and Zoning Commission orOctober 31. 2011 and received from Integri Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds 1. Plat area is zoned General Commercial — CG &Light Industrial - IL 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. These 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 does notprovide as -built information for structures on the parcels. If an encroachment exists; the plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct 4. CONTINGENCIES: a. List owners name on plat. The owner must submit an application to amend the zoning to rezone the new parcel to General Commercial. b. List owners name on plat. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES R.M. THOMPSON SUBDIVISION 2011 ADDITION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. F., � �8131 gp jg kV f gj8 a c4 {w 0. / / p p � E A i i IIII i� 3 w E i i M` g�ya P1.1E• P 'I in I �eaFf�� Q a a Z J a n e e I It . gg g gg . kV f gj8 a c4 {w 0. / / p p � E A i i IIII i� 3 w E i i M` g�ya P1.1E• P 'I in I �eaFf�� Q a a Z J a n a c4 {w 0. / / p p � E A i i IIII i� 3 w E i i M` g�ya P1.1E• P 'I in I �eaFf�� Q a a Z J a n ^!tl'I WWI r