HomeMy WebLinkAbout2015-09-23 Planning & Zoning Packet
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
SEPTEMBER 23 2015 - 7:00 P.M.
1. CALL TO ORDER:
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences
*All items listed with an asterisk (*) are considered to be routine and non-
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:
a. *September 9, 2015 ........................................................................................... 1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS: None
At the discretion of the Planning & Zoning Commission, possible
continuation of work session scheduled from Tuesday, September 22,
2015 from 6:00 p.m. to 6:45 p.m. to further discuss and review
proposed draft Amendments to Chapter 14.20 Kenai Zoning Code,
relating to Establishments and Businesses engaged in the Sale,
Cultivation, Manufacture and Consumption of Marijuana within the City
of Kenai.
6. PUBLIC HEARINGS:
a. PZ15-28 – An application for a Conditional Use Permit for a professional office
in the Rural Residential zone for the property described as a portion of the
Northwest one-quarter (NW ¼), Section 11, Township 5 North, Range 11 West
(KPB Parcel No. 04911002), 2785 Beaver Loop Road. The application was
submitted by Clifford and Kristin Smith, 319 Rogers Rd., Kenai, Alaska. .......... 5
b. PZ15-26 – An application for a Conditional Use Permit for an Emotional Support
Animal (Horse) for a disabled adult on a parcel less than 40,000 square feet
within City of Kenai, City Limits for the property described as Lot 1 Block 1
McCann Subdivision, 1107 Fourth Avenue. The application was submitted by
Julie Kim Garretson. ........................................................................................ 19
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS: None
9. PENDING ITEMS: None
10. REPORTS:
a. City Council ....................................................................................................... 50
b. Borough Planning ............................................................................................ 54
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS: None
13. NEXT MEETING ATTENDANCE NOTIFICATION: Oct. 14, 2015
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
SEPTEMBER 9, 2015 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1.CALL TO ORDER:
Commissioner Twait called the meeting to order at 7:00 p.m.
a.Pledge of Allegiance
Twait led those assembled in the Pledge of Allegiance.
b.Roll Call
Commissioners present: G. Pettey, D. Fikes, R. Springer, J. Twait, J. Glendening, K.
Peterson, J. Focose
Staff/Council Liaison present: City Planner M. Kelley, Deputy City Clerk J. Heinz, Council
Liaison H. Knackstedt
A quorum was present.
c. *Excused Absences
d.Agenda Approval
MOTION:
Commissioner Peterson MOVED to approve the agenda; Commissioner Fikes SECONDED the
motion. There were no objections; SO ORDERED.
e.Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda and Commissioner Fikes
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-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: August 26, 2015
Approved by the consent agenda.
1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) – None.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) – None.
5. CONSIDERATION OF PLATS:
a. PZ15-27 – Preliminary Original Plat of Thompson Park Wagaman Replat, submitted
by O’Neil Technical Services, P.O. Box 2292, Kenai, AK 99611
City Planner Kelley reviewed his report provided in the packet and recommend approval with
the following requirement:
1. Further development of the property shall conform to all Federal, State and local
regulations.
2. Prior to recordation of the plat of Thompson Park Wagaman Replat, the accessory
structures (shed and greenhouse) which are encroaching into the building setback
must be relocated in order to be in compliance with KMC 14.20.200(2). It is also the
recommendation of staff that the accessory structures be relocated outside of the ten
foot utility easement.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ15-27. Commissioner Fikes
SECONDED the motion.
Chairman Twait opened public hearing.
Mark O’Neill spoke about moving the accessory structures; stated that it would be easy to move
or remove two of the structures, but requested a variance for the third structure.
There being no one else wishing to speak; the public hearing was closed.
City Planner Kelley explained that a separate application and process would be required for a
variance, allowing for proper public notice. He also advised the required property line setbacks
and recommended the structure be moved outside of the utility easement, which would be
farther than the setback.
VOTE:
YEA: Twait, Springer, Pettey, Glendening, Peterson, Focose, Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS: None.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS: None.
2
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – explained that Soldotna’s planning for commercial legalization of
marijuana is ongoing; also reviewed the September 2 council meeting action agenda
provided in the packet.
b. Borough Planning – no report; next meeting scheduled for September 14.
c. Administration – Kelley reported on the following matters:
• Reminded the Commission about the marijuana zoning work session scheduled
for September 22.
• Advised of Planning Commission Conference and Training November 15-17 in
Anchorage.
• Polled the Commission regarding scheduling a joint work session with the
Airport commission in October to discuss the airport rezone.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: September 23, 2015
COMMISSION COMMENTS & QUESTIONS:
Commissioner Peterson was glad to see Commissioner Focose present.
14. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
7:38 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy City Clerk
3
THIS PAGE INTENTIONALLY LEFT BLANK
4
STAFF REPORT
To: Planning & Zoning Commission
Date: Sept. 23, 2015 Res: PZ15-28
GENERAL INFORMATION
Applicant: Clifford and Kristin Smith 907-398-0587
319 Rogers Rd.
Kenai, AK 99611
Requested Action: Conditional Use Permit – Professional Office in a Rural
Residential Zone
Legal Description: Portion of the Northwest one-quarter (NW ¼), Section
11, Township 5 North, Range 11 West
Street Address: 2785 Beaver Loop Rd.
KPB Parcel No: 04911002
Existing Zoning: RR – Rural Residential
Current Land Use: Single Family Dwelling
Land Use Plan: Rural Residential
ANALYSIS
General Information:
The applicant is planning to convert a single family dwelling into a professional office
to operate a small occupational health & safety business which will provide first aid
and CPR training; drug testing; fingerprinting; DNA testing; and identification cards.
Kenai Municipal Code 14.20.320 defines office as “a room or group of rooms used for
conducting business, profession, service, industry, or government”.
The property is located in the Rural Residential zone. Professional offices are allowed
in the Rural Residential zone as a conditional use; therefore, it is required that the
property owner obtain a Conditional Use Permit.
Kenai Municipal Code 14.20.150 details the intent and application process for
conditional uses. The code also specifies the review criteria that must be satisfied
prior to issuing the permit. The criteria are:
• The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
o Staff finds the proposed development meets this standard.
5
This property is located in the Rural Residential zone. The Rural
Residential 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 specific intent in establishing
this zone is:
(1) To separate residential structures to an extent which will:
(A) Preserve the rural, open quality of the environment;
(B) Prevent health hazards in areas not served by public water and
sewer.
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.
The properties located along Beaver Loop Road are a mix of residential
housing, including multi-family dwellings and a trailer park; businesses
including, an assisted living home, and guiding and lodging businesses
(along Angler Drive). There are also seven gravel pits which operate in this
area. All of these businesses were granted a Conditional Use Permit to
operate their business in the Rural Residential zone.
The applicant’s plan to convert a single family dwelling into a professional
office building will not diminish the residential character of the
neighborhood. The traffic generated by this business should be minimal
as the applicant states that he typically sees approximately ten clients per
day and he is encouraging clients to make appointments to ease traffic
congestion.
The provisions of Kenai Municipal Code 14.20.250 require that parking for
a professional office are one (1) space per four hundred (400) square feet
of gross floor area. The gross floor area for the applicant’s office building is
approximately 1936 square feet; therefore, five parking spaces will be
required. One of those parking spaces must meet the provisions of the
2009 International Building Code as it pertains to the American with
Disabilities Act (ADA) parking requirements.
Kenai Municipal Code 14.20.220(2)(C) provides for one sign per use not to
exceed thirty-two (32) square feet. Such signs shall be no closer than ten
feet (10’) to any property line or shall be flat against the building.
• The value of the adjoining property and neighborhood will not be significantly
impaired.
o Staff finds the proposed development meets this standard.
The addition of the professional office will not significantly impair the
neighborhood. The applicant’s business is small in scale and the traffic
6
generated by applicant’s business should be minimal given the low volume
of clients visiting the establishment.
The properties lying to the north of subject property are gravel pits; the
property to the south is a trailer park (directly across from the subject
property); and properties to the east and west are undeveloped at this
time.
• The proposed use is in harmony with the Comprehensive Plan.
o Staff finds the proposed development meets this standard.
The 2003 Comprehensive Plan provides that the Rural Residential district
includes areas that, due to location or site conditions, are best suited
for large-lot single-family residential development. Homes in this
district typically rely on individual on-site water supply and wastewater
disposal systems. Compatible institutional uses such as churches,
schools, and daycare facilities may be intermixed if they comply with
zo ning design guidelines. Small homebased businesses may be
accommodated within certain design guidelines.
Based on the information provided by the applicant, staff believes that the
business will have little impact to the neighborhood. The business is small
in scale and the traffic flow on Beaver Loop Road should not be
significantly impacted by the addition of this business.
The applicant does not have plans to make major renovations to the
exterior of the building. The applicant proposes to make some minor
additions to the property, as follows:
a. A sign would be installed on the premises pursuant to the provisions as
set forth in KMC 14.20.220(2)(C);
b. A portion of the grass in front of the building should be removed and
replaced with gravel to increase the parking area as provided in KMC
14.20.250; and
c. A ramp will be installed to provide access to disabled individuals
entering the building.
• Public services and facilities are adequate to serve the proposed use.
o Staff finds the proposed development meets this standard.
The property is serviced by a private well and septic system. The property
is further serviced by electricity, gas and phone services. Access to the
property is provided by Beaver Loop Road which is a paved state
maintained road.
• The proposed use will not be harmful to the public safety, health or welfare.
7
o Staff finds the proposed development meets this standard.
The proposed use of a professional office will not be harmful to the public
safety, health or welfare.
• Any and all specific conditions deemed necessary by the commission to fulfill
the above-mentioned conditions should be met by the applicant. These may
include, but are not limited to measures relative to access, screening, site
development, building design, operation of the use and other similar aspects
related to the proposed use.
o Further development of the property shall conform to all Federal, State,
and local regulations.
o Property owner must obtain a sign permit prior to constructing a sign on
the premises advertising the business.
o Property owner must provide five (5) parking spaces and one of the
spaces must be an ADA parking space pursuant to the guidelines as set
forth in the 2009 International Building Code.
o Property owner shall submit an annual report for the Conditional Use
Permit as set forth in KMC 14.20.150(f).
RECOMMENDATIONS
Based on the application and a review of the criteria required to approve the permit, it
appears the application meets the intent of the zone and complies with the
Comprehensive Plan. Recommend approval with the following requirement:
1. Further development of the property shall conform to all Federal, State,
and local regulations.
2. Property owner must obtain a sign permit prior to placing a sign on the
premises to advertise the business.
3. Property owner must provide five (5) parking spaces and one of the
spaces must be an ADA parking space pursuant to the guidelines as set
forth in the 2009 International Building Code.
4. Property owner shall submit an annual report for the Conditional Use
Permit as set forth in KMC 14.20.150(f)
ATTACHMENTS:
1. Resolution No. PZ15-28
2. Application
4. Site Plan
5. Map
8
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15-25
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A
PROFESSIONAL OFFICE IN A RURAL RESIDENTIAL ZONE.
APPLICANT: Clifford Smith and Kristin Smith
ADDRESS: 319 Rogers Rd., Kenai, AK 99611
PROPERTY ADDRESS: 2785 Beaver Loop Road
LEGAL DESCRIPTION: A portion of the Northwest one-quarter (NW ¼), Section 11,
Township 5 North, Range 11 West
KENAI PENINSULA BOROUGH PARCEL NO: 04911002
WHEREAS, an application meeting the requirements of Section 14.20.150 has been
submitted and received on August 31, 2015;
WHEREAS, the application affects land which is zoned as Rural Residential (RR);
WHEREAS, a duly advertised public hearing as required by Kenai Municipal Code
14.20.153 was conducted by the Commission on September 23, 2015; and
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met. Kenai Municipal Code
14.20.150 details the intent and application process for conditional uses. The code also
specifies the review criteria that must be satisfied prior to issuing the permit. The criteria
are:
A. The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.ci.kenai.ak.us
9
This property is located in the Rural Residential zone. The Rural Residential
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 specific intent in establishing this zone is:
(1) To separate residential structures to an extent which will:
(A) Preserve the rural, open quality of the environment;
(B) Prevent health hazards in areas not served by public water and
sewer.
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.
The properties located along Beaver Loop Road are a mix of residential
housing, including multi-family dwellings and a trailer park; businesses including,
an assisted living home, and guiding and lodging businesses (along Angler
Drive). There are also seven gravel pits which operate in this area. All of these
businesses were granted a Conditional Use Permit to operate their business in
the Rural Residential zone.
The applicant’s plan to convert a single family dwelling into a professional office
building will not diminish the residential character of the neighborhood. The
traffic generated by this business should be minimal as the applicant states that
he typically sees approximately ten clients per day and he is encouraging clients
to make appointments to ease traffic congestion.
The provisions of Kenai Municipal Code 14.20.250 require that parking for a
professional office are one (1) space per four hundred (400) square feet of gross
floor area. The gross floor area for the applicant’s office building is
approximately 1936 square feet; therefore, five parking spaces will be required.
One of those parking spaces must meet the provisions of the 2009 International
Building Code as it pertains to the American with Disabilities Act (ADA) parking
requirements.
Kenai Municipal Code 14.20.220(2)(C) provides for one sign per use not to
exceed thirty-two (32) square feet. Such signs shall be no closer than ten feet
(10’) to any property line or shall be flat against the building.
B. The value of the adjoining property and neighborhood will not be significantly
impaired.
The addition of the professional office will not significantly impair the
neighborhood. The applicant’s business is small in scale and the traffic
generated by applicant’s business should be minimal given the low volume of
clients visiting the establishment.
10
The properties lying to the north of subject property are gravel pits; the property
to the south is a trailer park (directly across from the subject property); and
properties to the east and west are undeveloped at this time.
C. The proposed use is in harmony with the Comprehensive Plan.
The 2003 Comprehensive Plan provides that the Rural Residential district
includes areas that, due to location or site conditions, are best suited for
large-lot single-family residential development. Homes in this district typically
rely on individual on-site water supply and wastewater disposal systems.
Compatible institutional uses such as churches, schools, and daycare
facilities may be intermixed if they comply with zoning design guidelines.
Small homebased businesses may be accommodated within certain design
guidelines.
Based on the information provided by the applicant, staff believes that the
business will have little impact to the neighborhood. The business is small in
scale and the traffic flow on Beaver Loop Road should not be significantly
impacted by the addition of this business.
The applicant does not have plans to make major renovations to the exterior of
the building. The applicant proposes to make some minor additions to the
property, as follows:
a. A sign would be installed on the premises pursuant to the provisions as
set forth in KMC 14.20.220(2)(C);
b. A portion of the grass in front of the building would be removed and
replaced with gravel to increase the parking area as provided in KMC
14.20.250; and
c. A ramp will be installed to provide access to disabled individuals entering
the building.
D. Public services and facilities are adequate to serve the proposed use.
The property is serviced by a private well and septic system. The property is
further serviced by electricity, gas and phone services. Access to the property is
provided by Beaver Loop Road which is a paved state maintained road.
E. The proposed use will not be harmful to the public safety, health or welfare.
The proposed use of a professional office will not be harmful to the public safety,
health or welfare.
WHEREAS, any and all specific conditions deemed necessary by the commission to fulfill
the conditions as set forth below shall be met by the applicant. These may include, but are
not limited to measures relative to access, screening, site development, building design,
operation of the use and other similar aspects related to the proposed use, as follows:
11
a. Further development of the property shall conform to all Federal, State, and local
regulations.
b. Property owner must obtain a sign permit prior to placing a sign on the premises
to advertise the business.
c. Property owner must provide five (5) parking spaces and one of the spaces must
be an ADA parking space pursuant to the guidelines as set forth in the 2009
International Building Code.
d. Property owner shall submit an annual report for the Conditional Use Permit as
set forth in KMC 14.20.150(f).
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS
DEMONSTRATED THAT THE PROPOSED PROFESSIONAL OFFICE MEETS THE
CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE
COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE
APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THE 23rd DAY OF SEPTEMBER, 2015.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
12
13
14
15
16
17
THIS PAGE INTENTIONALLY LEFT BLANK
18
STAFF REPORT
To: Planning & Zoning Commission
Date: August 26, 2015 Res: PZ15-26
GENERAL INFORMATION
Owner / Applicant: Julie Kim Garretson 907-394-0424
1107 4th Avenue
Kenai, AK 99611
Requested Action: Conditional Use Permit – Emotional Support Animal
(Horse) on a parcel less than 40,000 square feet
Legal Description: Lot 1, Block 1, McCann Subdivision
Street Address: 1107 4th Avenue
KPB Parcel No: 04309026
Existing Zoning: RS – Suburban Residential
Current Land Use: Single-Family Dwelling
Land Use Plan: Neighborhood Residential
ANALYSIS
General Information:
The Owner has requested to keep and house an Emotional Support Animal (Horse) on a
parcel which is less than 40,000 square feet in size to provide therapeutic benefit for a
disabled adult who resides in the home on the subject parcel. Kenai Municipal Code
Section (KMC) 3.10.070(b) states;
“Livestock, other than bees, may be kept on lots of forty thousand (40,000)
square feet or greater. No livestock shall be allowed in the RU, RS1, RS2 or
TSH zones. Animals raised for a fur-bearing purpose are not allowed in any
zone. Beekeeping will be restricted as described in subsection (g).
Furthermore, a Horse is included in the definition of “livestock” as stated in KMC
3.10.070(c)(2). Finally, pursuant to KMC 3.10.070(h) “A person seeking relief from the
provisions of this section may apply for a conditional use permit under KMC 14.20.150”.
KMC 14.20.150 details the intent and application process for conditional uses. The code
also specifies the review criteria that must be satisfied prior to issuing the Conditional
Use Permit. The criteria are:
19
PZ15-26 Staff Report
Page 2
The use is consistent with the purpose of this chapter and the purposes and intent of
the zoning district.
Zoning
The subject parcel is zoned Suburban Residential (RS). The Suburban Residential
Zone as outlined in KMC 14.20.090 is intended to provide for medium density residential
development in areas which will be provided with common utility systems. The zone is
intended to separate residential structures to an extent which will allow for adequate
light, air, and privacy to prohibit uses which violate the residential character of the
environment and generate heavy traffic in predominantly residential areas. The
Suburban Residential zone allows for parcels with a minimum parcel size of 7,200
square feet as outlined in the Development Requirements Table in KMC Table
14.24.010. The subject parcel is approximately 10,018 square feet in size; therefore it
meets the minimum parcel size allowed in the Suburban Residential Zone.
The subject parcel is developed with a two-story detached single-family residence which
was built in 1960 according to Kenai Peninsula Borough Assessing records. The subject
parcel is further developed with related residential uses. The parcel is bound on the
north by Fourth Avenue and on the west by Aspen Street; both City of Kenai maintained
roads. Surrounding the subject parcel are single-family residences to the west with
single-family and multi-family residences to the east. To the north is the City of Kenai
Fourth Street Park and vacant parcels to the south.
As discussed above, KMC 3.10.070(h) outlines the requirements by which livestock may
be kept on parcels within the City of Kenai. Under this Code Section livestock may be
kept on parcels within the City of Kenai provided that they are 40,000 square feet or
greater and not zoned Urban Residential (RU), Suburban Residential 1 (RS1), Suburban
Residential 2 (RS2) or Townsite Historic District (TSH). As the subject parcel is zoned
Suburban Residential (RS) livestock animals such as horses may be kept on parcels
zoned as such. Therefore, specific to the RS Zoning District and the permitted uses in
KMC Table 14.24.010 and KMC 3.10.070(h), the keeping of a horse is a permitted use
on parcels zoned RS. With regards to the minimum allowed parcel size by which a
horse may be kept, KMC Section 3.10.070(b) specifies that the parcel must be at least
40,000 square feet or greater in size. As shown on the attached City of Kenai parcel
report, the subject parcel is approximately 10,018 square feet in size. Therefore, given
the parcel size being approximately 29,982 square feet less than what is allowed in KMC
3.10.070(b), a horse would not normally be allowed to be kept on the subject parcel.
However, given that the owner has requested to place a horse on the subject parcel
which has been registered as an Emotional Support Animal for the therapeutic benefit of
a disabled adult which may be viewed as a “Reasonable Accommodation” under the Fair
Housing Amendments Act and the Americans with Disabilities Act.
United States Fair Housing Act
Under the Fair Housing Act (FHA) it is unlawful to discriminate in housing on the basis of
race, color religion, sex, national origin, familial status, and disability. Furthermore,
under the FHA one type of disability discrimination prohibited is the refusal to make a
Reasonable Accommodation in rules, policies, practices, or services when such
accommodation may be necessary to afford a person with a disability the equal
opportunity to use and enjoy a dwelling (42 U.S.C. § 3604(f)(3)(B)).
20
PZ15-26 Staff Report
Page 3
As described above, any person or entity engaging in prohibited conduct which would
include refusing to make Reasonable Accommodations under 42 U.S.C § 3604(f)(3)(B)
would be in violation of the FHA. Furthermore, in upholding the requirements within the
FHA, courts have applied it to state and local governments, most often in the context of
land-use decisions relating to exclusionary zoning ordinances.
Emotional Support Animal (Horse)
An Emotional Support Animal is an animal that provides emotional support, well-being,
comfort, or companionship to an individual with a disability. Emotional Support Animals
differ from Service Animals under the Americans with Disabilities Act (ADA) in that there
are no provisions for them to be given access to public places with no-pet policies.
However, they are often prescribed by a doctor as part of a therapy or treatment
program and are considered as a Reasonable Accommodation under the FHA.
In the case of the subject application, the owner of the property desires to place a horse
which has been prescribed by a Medical Doctor as an Emotional Support Animal on the
subject property for a disabled adult. According to the submitted application, the subject
horse provides an emotional support role for the owner’s disabled adult daughter who
resides in the home on the property.
Therefore, given the above discussion within the context of the proposed land-use
project, it seems reasonable that a Reasonable Accommodation can be made to allow
the placement of a horse as an Emotional Support Animal to provide a therapeutic
benefit for a disabled adult on the subject parcel given the compliance with Staff
recommended specific conditions of approval.
o Therefore, Staff finds that the proposed use is consistent with the purposes and
intent of the RS Zoning District and the purposes KMC 14.20.150.
The value of the adjoining property and neighborhood will not be significantly
impaired.
The proposed development must be in compliance with the requirements of KMC
3.10.070(f) which states “…Corrals, pens, hutches, coops or other animal containment
structures must have a minimum setback of twenty-five feet (25’) from the property’s
side yards, fifty feet (50’) from the front yard, and ten (10’) from the back yard. All animal
containment structures must be secure and in good repair.”
Staff viewed the subject parcel with the Chief Animal Control Officer to ensure that the
conditions in which the horse would be housed in meet the criteria of KMC
3.10.060(a)(3) and (4). The Chief Animal Control Officer has provided comments
regarding the keeping of the horse (Major) on the subject property, which are the
following:
Comments from JJ Hendrickson, Chief Animal Control Officer Kenai Animal Shelter in Kenai, AK
regarding horse case:
After visual examination of the property located on 1107 4th Ave Kenai, AK 99611 and a review of
the minutes from the workshop entitled Public Workshop for Proposed Animal Care Standards for
21
PZ15-26 Staff Report
Page 4
horses held on February 21, 2012 for DEC, at this time the property meets the standards for
shelter and water.
Based on Shelter Approach #1 from the workshop,
1. A shelter is available for the horse in cases of extreme weather conditions.
2. The shelter is sufficient in size for the horse to comfortably stand up, turn around and lie
down.
3. The minimum ceiling height is greater than one foot above the horse’s head when held at
its highest level.
4. All enclosures and shelters are fee of hazards that may cause injury.
a. Property owner is working on adding more rubber matting to the floor inside the
shelter. One portion does not have matting. This will need to be completed.
b. Property owner noted a sink hole that will be blocked off to the horse as exercise
room is expanded.
c. Medium size stump present in corner near house (located in expanded exercise
area). This may need to be removed or fenced off to prevent horse from injury.
5. Excessive feces, urine, mud, or other waste products were not accumulated within the
housing enclosure.
a. Property owner currently bagging waste and taking to dump.
b. During winter property owner will be composting to eventually use as fertilizer to
replace Alaska grass in expanded exercise yard.
6. Ventilation seems sufficient
7. Horse has access to adequate exercise area (currently blocked off by electric fence). Will
be expanding to heavy duty fencing once funds become available.
a. Can these fences be secured to the ground? Although heavy duty they did have
good movement when the main gate was opened and closed.
Horse has access to water daily. Property owner will heat water during winter.
Furthermore, according to the Chief Animal Control Officer, based on her research and
in speaking with Dr. Nybakken who is the Veterinarian of the subject horse; as well as
the age of the horse (Major), it can be cared for on the subject parcel. However, if
proper livestock husbandry is not performed, it could have a detrimental effect to the
horse, property and neighboring area.
Given the above comments from the Chief Animal Control Officer, staff recommends that
the Conditional Use Permit be conditioned so that proper livestock husbandry is
performed and that the horse paddock fencing is secured to the ground. Staff also
recommends that the horse turn out area be secured with similar heavy duty livestock
fencing and that the electrical fencing white wires be removed.
Staff further recommends that they both the horse paddock and turn out area be leveled
and compacted to ensure proper footing and that both areas be covered with one foot or
22
PZ15-26 Staff Report
Page 5
more of fine sand. Lastly, Staff recommends that a Building Permit be obtained for the
existing horse barn as it appears to be over 120 square feet in size which is, therefore;
subject to Building Code.
o Therefore, provided that the recommendations submitted by the Chief Animal
Control Officer are followed, Staff believes that the value of the adjoining
property and neighborhood will not be significantly impaired.
The proposed use is in harmony with the Comprehensive Plan.
The 2003 Comprehensive Plan defines the Neighborhood Residential
district as consisting 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.
o Staff finds the proposed development meets this standard.
Public services and facilities are adequate to serve the proposed use.
City water and sewer currently serve the subject parcel. Fourth Avenue is a
paved city street and Aspen Street is a gravel city street.
o Staff finds the proposed development meets this standard.
The proposed use will not be harmful to the public safety, health or welfare.
The proposed project is to place an Emotional Support Animal (horse) on a parcel
that is less than 40,000 square feet in size to provide a therapeutic benefit for a
disabled adult who lives in the home. According to comments provided by the Chief
Animal Control Officer as long as proper livestock husbandry is performed and given
the age of the horse at 35 years old, it can be properly cared for on the subject
parcel.
o Therefore, the proposed use would not have a harmful impact to the public
safety, heath or welfare and Staff can find that the proposed development
meets this standard.
Any and all specific conditions deemed necessary by the commission to fulfill
the above-mentioned conditions should be met by the applicant.
These may include, but are not limited to measures relative to access,
screening, site development, building design, operation of the use and other
similar aspects related to the proposed use.
23
PZ15-26 Staff Report
Page 6
1. Further development of the property shall conform to all Federal, State, and
local regulations.
2. Prior to issuance of the Conditional Use Permit, property owner shall obtain a
building permit for the existing horse barn.
3. Property owner shall install rubber matting to the entire floor within the existing
horse stall.
4. Property owner shall remove or fence off the existing medium stump present
near the corner of the house located within the horse turn out area to prevent
horse injury.
5. Property owner shall provide daily cleaning of horse stall area including the
horse paddock and turn out area. All horse manure shall be bagged and stored
in an air tight container to prevent odor accumulation. All horse manure shall be
taken to an appropriate Kenai Peninsula Borough landfill for disposal weekly.
6. Horse turn out and paddock areas shall be leveled and compacted to prevent
horse injury. Both areas shall be covered by up to one foot of fine sand to
provide proper horse footing.
7. All water runoff from the horse areas shall be kept on site. At no time shall the
property owner allow water runoff containing horse feces, urine, or other waste
products to enter the City rights-of-way or onto neighboring properties.
8. While walking or riding the subject horse in or on any City of Kenai rights-of-way
any horse waste that is deposited shall be immediately removed by the property
owner. Any costs incurred by the City of Kenai in removing any horse waste
deposited in or onto any City of Kenai rights-of-way shall be paid by the property
owner.
9. Pursuant to Kenai Municipal Code Section 14.20.150(i)(2) the Conditional Use
Permit shall automatically expire if for any reason the conditional use ceases for
a period of one (1) year or longer. If for any reason the subject horse (Major) is
removed from the property on a permanent basis the Conditional Use Permit
shall automatically expire. Upon expiration any items relating to the keeping of
the horse (Major) including but not limited to: fencing, feed, or related livestock
husbandry items shall be removed from the subject property.
10. Pursuant to Kenai Municipal Code Section 14.20.150(f) the property owner shall
submit an Annual Report to the City of Kenai.
24
PZ15-26 Staff Report
Page 7
RECOMMENDATIONS
Based on the application and a review of the criteria required to approve the permit,
it appears the application meets the intent of the zone and complies with the
Comprehensive Plan. Staff therefore recommends approval with the following
conditions:
1. Further development of the property shall conform to all Federal, State, and
local regulations.
2. Prior to issuance of the Conditional Use Permit, property owner shall obtain a
building permit for the existing horse barn.
3. Property owner shall install rubber matting to the entire floor within the existing
horse stall.
4. Property owner shall remove or fence off the existing medium stump present near
the corner of the house located within the horse turn out area to prevent horse
injury.
5. Property owner shall provide daily cleaning of horse stall area including the horse
paddock and turn out area. All horse manure shall be bagged and stored in an air
tight container to prevent odor accumulation. All horse manure shall be taken to an
appropriate Kenai Peninsula Borough landfill for disposal weekly.
6. Horse turn out and paddock areas shall be leveled and compacted to prevent
horse injury. Both areas shall be covered by up to one foot of fine sand to provide
proper horse footing.
7. All water runoff from the horse areas shall be kept on site. At no time shall the
property owner allow water runoff containing horse feces, urine, or other waste
products to enter the City rights-of-way or onto neighboring properties.
8. While walking or riding the subject horse in or on any City of Kenai rights-of-way
any horse waste that is deposited shall be immediately removed by the property
owner. Any costs incurred by the City of Kenai in removing any horse waste
deposited in or onto any City of Kenai rights-of-way shall be paid by the property
owner.
9. The subject Conditional Use Permit shall automatically expire if for any reason the
subject horse (Major) is removed or leaves the subject property on a permanent
basis. Upon expiration, any items relating to the keeping of the horse (Major)
including but not limited to: fencing, feed, or related livestock husbandry items shall
be removed from the subject property. Prior to placing any new, additional, or
replacement animals for the subject horse (Major) on the subject property a new
Conditional Use Permit must be obtained from the City of Kenai.
25
PZ15-26 Staff Report
Page 8
10. Pursuant to Kenai Municipal Code Section 14.20.150(f) the property owner shall
submit an Annual Report to the City of Kenai.
ATTACHMENTS:
1. Resolution No. PZ15-26
2. Application
4. Site Plan
5. Map
6. Site Pictures
26
1
Matthew Kelley
From:Karen Mahurin [karenmahurin@gmail.com]
Sent:Tuesday, September 15, 2015 6:22 PM
To:Matthew Kelley
Subject:PZ15-26
Hi Matt, thank you for allowing me to submit testimony to the Planning & Zoning Commission, via e-mail as I just today
received the notice of the application for a conditional use permit for an emotional support animal (horse) for a disabled
adult which is on property Lot 1, Block 1 McCann Subdivision.
I am the owner of Lots 3 and 4, Block 1, McCann Subdivision. My property directly abuts the property in question.
I would like to go on record as being 100% opposed to you approving the conditional use permit. This is the second
attempt by this owner to have additional horses on her lot. I have no belief in her story and I believe this is an attempt to
circumvent the previous decision by the City of Kenai.
Having horses, stables, manure etc. next to my property will undoubtedly have a negative impact when I put those lots up
for sale. This is a neighborhood of homes, not of large animals and corrals.
I am available for questions at 503-355-2197. Please enter this e-mail as testimony at the public hearing on September
23.
Thank you,
Karen J. Mahurin
karenmahurin@gmail.com
Right-click here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet.
This email has been checked for viruses by Avast antivirus software.
www.avast.com
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15-25
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A EMOTIONAL
SUPPORT ANIMAL (HORSE) ON A PARCEL LESS THAN 40,000 SQUARE FEET.
APPLICANT: Julie Kim Garretson
PROPERTY ADDRESS: 1107 4th Avenue, Kenai, AK 99611
LEGAL DESCRIPTION: Lot 1, Block 1, McCann Subdivision
KENAI PENINSULA BOROUGH PARCEL NO: 04309026
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on August 24, 2015; and,
WHEREAS, the application affects land which is zoned as Suburban Residential (RS); and,
WHEREAS, a duly advertised public hearing as required by Kenai Municipal Code 14.20.153
was conducted by the Planning and Zoning Commission on September 23, 2015; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met. Kenai Municipal Code 14.20.150
details the intent and application process for conditional uses. The code also specifies the
review criteria that must be satisfied prior to issuing the permit. The criteria are:
A. The use is consistent with the purpose of this chapter and the purposes and intent of the
zoning district.
Zoning
The subject parcel is zoned Suburban Residential (RS). The Suburban Residential Zone
as outlined in KMC 14.20.090 is intended to provide for medium density residential
development in areas which will be provided with common utility systems. The zone is
intended to separate residential structures to an extent which will allow for adequate light,
air, and privacy to prohibit uses which violate the residential character of the environment
and generate heavy traffic in predominantly residential areas.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.ci.kenai.ak.us
27
The Suburban Residential zone allows for parcels with a minimum parcel size of 7,200
square feet as outlined in the Development Requirements Table in KMC Table 14.24.010.
The subject parcel is approximately 10,018 square feet in size; therefore it meets the
minimum parcel size allowed in the Suburban Residential Zone.
The subject parcel is developed with a two-story detached single-family residence which
was built in 1960 according to Kenai Peninsula Borough Assessing records. The subject
parcel is further developed with related residential uses. The parcel is bound on the north
by Fourth Avenue and on the west by Aspen Street; both City of Kenai maintained roads.
Surrounding the subject parcel are single-family residences to the west with single-family
and multi-family residences to the east. To the north is the City of Kenai Fourth Street Park
and vacant parcels to the south.
As discussed above, KMC 3.10.070(h) outlines the requirements by which livestock may be
kept on parcels within the City of Kenai. Under this Code Section livestock may be kept on
parcels within the City of Kenai provided that they are 40,000 square feet or greater and not
zoned Urban Residential (RU), Suburban Residential 1 (RS1), Suburban Residential 2
(RS2) or Townsite Historic District (TSH). As the subject parcel is zoned Suburban
Residential (RS) livestock animals such as horses may be kept on parcels zoned as such.
Therefore, specific to the RS Zoning District and the permitted uses in KMC Table
14.24.010 and KMC 3.10.070(h), the keeping of a horse is a permitted use on parcels
zoned RS. With regards to the minimum allowed parcel size by which a horse may be kept,
KMC Section 3.10.070(b) specifies that the parcel must be at least 40,000 square feet or
greater in size. As shown on the attached City of Kenai parcel report, the subject parcel is
approximately 10,018 square feet in size. Therefore, given the parcel size being
approximately 29,982 square feet less than what is allowed in KMC 3.10.070(b), a horse
would not normally be allowed to be kept on the subject parcel. However, given that the
owner has requested to place a horse on the subject parcel which has been registered as
an Emotional Support Animal for the therapeutic benefit of a disabled adult which may be
viewed as a “Reasonable Accommodation” under the Fair Housing Amendments Act and
the Americans with Disabilities Act.
United States Fair Housing Act
Under the Fair Housing Act (FHA) it is unlawful to discriminate in housing on the basis of
race, color religion, sex, national origin, familial status, and disability. Furthermore, under
the FHA one type of disability discrimination prohibited is the refusal to make a Reasonable
Accommodation in rules, policies, practices, or services when such accommodation may be
necessary to afford a person with a disability the equal opportunity to use and enjoy a
dwelling (42 U.S.C. § 3604(f)(3)(B)).
As described above, any person or entity engaging in prohibited conduct which would
include refusing to make Reasonable Accommodations under 42 U.S.C § 3604(f)(3)(B)
would be in violation of the FHA. Furthermore, in upholding the requirements within the
FHA, courts have applied it to state and local governments, most often in the context of
land-use decisions relating to exclusionary zoning ordinances.
28
Emotional Support Animal (Horse)
An Emotional Support Animal is an animal that provides emotional support, well-being,
comfort, or companionship to an individual with a disability. Emotional Support Animals
differ from Service Animals under the Americans with Disabilities Act (ADA) in that there
are no provisions for them to be given access to public places with no-pet policies.
However, they are often prescribed by a doctor as part of a therapy or treatment program
and are considered as a Reasonable Accommodation under the FHA.
In the case of the subject application, the owner of the property desires to place a horse
which has been prescribed by a Medical Doctor as an Emotional Support Animal on the
subject property for a disabled adult. According to the submitted application, the subject
horse provides an emotional support role for the owner’s disabled adult daughter who
resides in the home on the property.
Therefore, given the above discussion within the context of the proposed land-use project,
it seems reasonable that a Reasonable Accommodation can be made to allow the
placement of a horse as an Emotional Support Animal to provide a therapeutic benefit for a
disabled adult on the subject parcel given the compliance with Staff recommended specific
conditions of approval.
B. The value of the adjoining property and neighborhood will not be significantly impaired.
The proposed development must be in compliance with the requirements of KMC
3.10.070(f) which states “…Corrals, pens, hutches, coops or other animal containment
structures must have a minimum setback of twenty-five feet (25’) from the property’s side
yards, fifty feet (50’) from the front yard, and ten (10’) from the back yard. All animal
containment structures must be secure and in good repair.”
Staff viewed the subject parcel with the Chief Animal Control Officer to ensure that the
conditions in which the horse would be housed in meet the criteria of KMC 3.10.060(a)(3)
and (4). The Chief Animal Control Officer has provided comments regarding the keeping of
the horse (Major) on the subject property, which are the following:
Comments from JJ Hendrickson, Chief Animal Control Officer Kenai Animal Shelter in Kenai, AK regarding
horse case:
After visual examination of the property located on 1107 4th Ave Kenai, AK 99611 and a review of the minutes
from the workshop entitled Public Workshop for Proposed Animal Care Standards for horses held on February
21, 2012 for DEC, at this time the property meets the standards for shelter and water.
Based on Shelter Approach #1 from the workshop,
1. A shelter is available for the horse in cases of extreme weather conditions.
2. The shelter is sufficient in size for the horse to comfortably stand up, turn around and lie down.
3. The minimum ceiling height is greater than one foot above the horse’s head when held at its highest level.
All enclosures and shelters are fee of hazards that may cause injury.
a. Property owner is working on adding more rubber matting to the floor inside the shelter. One
portion does not have matting. This will need to be completed.
29
b. Property owner noted a sink hole that will be blocked off to the horse as exercise room is
expanded.
c. Medium size stump present in corner near house (located in expanded exercise area). This may
need to be removed or fenced off to prevent horse from injury.
4. Excessive feces, urine, mud, or other waste products were not accumulated within the housing enclosure.
a. Property owner currently bagging waste and taking to dump.
b. During winter property owner will be composting to eventually use as fertilizer to replace Alaska
grass in expanded exercise yard.
5. Ventilation seems sufficient.
6. Horse has access to adequate exercise area (currently blocked off by electric fence). Will be expanding to
heavy duty fencing once funds become available.
a. Can these fences be secured to the ground? Although heavy duty they did have good movement
when the main gate was opened and closed.
7. Horse has access to water daily. Property owner will heat water during winter.
Furthermore, according to the Chief Animal Control Officer, based on her research and in
speaking with Dr. Nybakken who is the Veterinarian of the subject horse; as well as the age
of the horse (Major), it can be cared for on the subject parcel. However, if proper livestock
husbandry is not performed, it could have a detrimental effect to the horse, property and
neighboring area.
Given the above comments from the Chief Animal Control Officer, staff recommends that the
Conditional Use Permit be conditioned so that proper livestock husbandry is performed and
that the horse paddock fencing is secured to the ground. Staff also recommends that the
horse turn out area be secured with similar heavy duty livestock fencing and that the
electrical fencing white wires be removed.
Staff further recommends that they both the horse paddock and turn out area be leveled and
compacted to ensure proper footing and that both areas be covered with one foot or more of
fine sand. Lastly, Staff recommends that a Building Permit be obtained for the existing
horse barn as it appears to be over 120 square feet in size which is, therefore; subject to
Building Code.
C. The proposed use is in harmony with the Comprehensive Plan.
The 2003 Comprehensive Plan defines the Neighborhood Residential district as consisting
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.
30
D. Public services and facilities are adequate to serve the proposed use.
City water and sewer currently serve the subject parcel. Fourth Avenue is a paved city
street and Aspen Street is a gravel city street.
E. The proposed use will not be harmful to the public safety, health or welfare.
The proposed project is to place an Emotional Support Animal (horse) on a parcel that is
less than 40,000 square feet in size to provide a therapeutic benefit for a disabled adult who
lives in the home. According to comments provided by the Chief Animal Control Officer as
long as proper livestock husbandry is performed and given the age of the horse at 35 years
old, it can be properly cared for on the subject parcel; and,
WHEREAS, any and all specific conditions deemed necessary by the Planning and Zoning
Commission to fulfill the conditions as set forth below shall be met by the applicant. These
may include, but are not limited to measures relative to access, screening, site
development, building design, operation of the use and other similar aspects related to the
proposed use, as follows:
1. Further development of the property shall conform to all Federal, State, and local
regulations.
2. Prior to issuance of the Conditional Use Permit, property owner shall obtain a building
permit for the existing horse barn.
3. Property owner shall install rubber matting to the entire floor within the existing horse stall.
4. Property owner shall remove or fence off the existing medium stump present near the
corner of the house located within the horse turn out area to prevent horse injury.
5. Property owner shall provide daily cleaning of horse stall area including the horse paddock
and turn out area. All horse manure shall be bagged and stored in an air tight container to
prevent odor accumulation. All horse manure shall be taken to an appropriate Kenai
Peninsula Borough landfill for disposal weekly.
6. Horse turn out and paddock areas shall be leveled and compacted to prevent horse injury.
Both areas shall be covered by up to one foot of fine sand to provide proper horse footing.
7. All water runoff from the horse areas shall be kept on site. At no time shall the property
owner allow water runoff containing horse feces, urine, or other waste products to enter
the City rights-of-way or onto neighboring properties.
8. While walking or riding the subject horse in or on any City of Kenai rights-of-way any horse
waste that is deposited shall be immediately removed by the property owner. Any costs
incurred by the City of Kenai in removing any horse waste deposited in or onto any City of
Kenai rights-of-way shall be paid by the property owner.
31
9. The subject Conditional Use Permit shall automatically expire if for any reason the subject
horse (Major) is removed or leaves the subject property on a permanent basis. Upon
expiration, any items relating to the keeping of the horse (Major) including but not limited
to: fencing, feed, or related livestock husbandry items shall be removed from the subject
property. Prior to placing any new, additional, or replacement animals for the subject
horse (Major) on the subject property a new Conditional Use Permit must be obtained from
the City of Kenai.
10. Pursuant to Kenai Municipal Code Section 14.20.150(f) the property owner shall submit an
Annual Report to the City of Kenai.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS
DEMONSTRATED THAT THE PROPOSED EMOTIONAL SUPPORT ANIMAL
(HORSE) ON A PARCEL LESS THAN 40,000 SQUARE FEET MEETS THE
CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE
COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE
APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 23rd of September, 2015.
Jeff Twait, Chairperson
ATTEST:
Sandra Modigh, City Clerk
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
THIS PAGE INTENTIONALLY LEFT BLANK
49
50
51
52
THIS PAGE INTENTIONALLY LEFT BLANK
53
KENAI PENINSULA BOROUGH PLANNING COMMISSION
BREEZE INN SEWARD ALASKA HOTEL
MT. ALICE CONFERENCE ROOM
303 NORTH HARBOR DR
SEWARD, ALASKA 99664
September 14, 2015 - 7:30 P.M.
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are
considered routine and non-controversial by the Planning Commission and will be approved by one
motion. There will be no separate discussion of consent agenda items unless a Planning
Commissioner so requests in which case the item will be removed from the consent agenda and
considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public
hearing, please advise the recording secretary before the meeting begins, and she will inform the
Chairman of your wish to comment.
*1. Time Extension Request - None
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval
*4. Plats Granted Final Approval (20.10.040)
*5. Plat Amendment Request - None
*6. Utility Easement Vacations
a. Vacate sanitary sewer easements, water line easements,
telephone easements, gas easements, and electric easements
granted by Hayward Hill Subdivision No. 3 (KN 85-132) within
S29 T5N R10W, SM, Ak within the City of Soldotna and KPB;
File 2015-098. Easements to be vacated are generally described
as:
1) 19-foot sanitary sewer easement and 10-foot gas,
electric, and telephone easement along the northern
boundary of Lot 4-C; and
2) 10-foot utility easement extending from the southern
boundary of Lot 4-C perpendicular to the 19-foot sanitary
sewer easement and 10-foot gas, electric, and telephone
easement; and
3) 21-foot sanitary sewer easement; 10-foot gas, electric,
and telephone easement; and 19-foot water line
easement that follows the common lot line of Tract 4A,
4B, 4D, and 4E northeasterly and extends into the south-
central portion of Tract 4A; and
4) 20-foot underground utility easement extending
southeasterly from the southeast corner of the deed
parcel recorded in Book 48 Page 125 along the common
lot line of Tract 4A and 4B; and
5) 25-foot sanitary sewer easement, 15-foot water line
easement, and 10-foot gas, electric and telephone
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Alice Joanne Collins
PC Member
Anchor Point/ Ninilchik
Term Expires 2016
Cindy Ecklund
PC Member
City of Seward
Term Expires 2017
Robert F. Ernst
PC Member
Northwest Borough
Term Expires 2017
Dr. Rick Foster
Parliamentarian
Southwest Borough
Term Expires 2017
James Glendening
PC Member
Kenai City
Term Expires 2016
Sandra Key Holsten
PC Member
East Peninsula
Term Expires 2016
James Isham
PC Member
Sterling
Term Expires 2018
Harry Lockwood
PC Member
Ridgeway
Term Expires 2016
Blair Martin
Chairman
Kalifornsky Beach
Term Expires 2018
Robert Ruffner
Vice Chairman
Kasilof/Clam Gulch
Term Expires 2018
Franco Venuti
PC Member
Homer City
Term Expires 2016
Paul Whitney
PC Member
City of Soldotna
Term Expires 2017
54
easement approximately in the middle of Tract 4A
running north/south; and
6) 10-foot water line easement, a second 10-foot water line
easement, and a 10-foot gas, electric, and telephone
easement extending from Bagley Circle southwesterly
and joins the 25-foot sanitary sewer easement, 15-foot
water line easement, and 10-foot gas, electric and
telephone easement approximately in the middle of Tract
4A that runs north/south.
Purpose as stated in petition: Easements are not in use.
Petitioners: Leann Jack on behalf of Alaska Homesteads, Inc.
and Kenai Spur Investments, LLC, Anchorage, Alaska.
*7. Commissioner Excused Absences
a. Sandra Holsten, East Peninsula
*8. Minutes
a. August 24, 2015 Plat Committee Minutes
b. August 24, 2015 Planning Commission Minutes
D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless
previous arrangements are made
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1. Ordinance 2015-19-12, An Ordinance Appropriating $435,000 from the
South Kenai Peninsula Hospital Service Area (SKPHSA) Operating Fund
to the SKPHSA Capital Project Fund, Authorizing the Acquisition of Real
Property Located at 4136 Bartlett Street, Homer Alaska on Behalf of
SKPHSA, Appropriating $1,635,000 from the SKPHSA Capital Project
Fund for the Purchase and Building Expansion Design, and Authorizing
an Amendment to the SPH, Inc. Sublease and Operating Agreement
2. Resolution 2015-27; Conditional land use permit application for material
extraction on a parcel in the Nikiski Area. Applicant: Foster
Construction, Inc.; Landowner: Twin River Resources, Inc.; Parcel ID#:
013-143-04. Legal Description: NE¼ SE¼, Section 31, Township 8
North, Range 11 West, Seward Meridian., State of Alaska. Location: The
west side of Charlies Way, ¼ mile north of Rounds Road. Proposed
Land Use: The applicant wishes to obtain a permit for sand and gravel
extraction on 33.5 approximately 33.5 acres of the 40 acre parcel listed
above.
G. ANADROMOUS WATER HABITAT PROTECTION (21.18) - None
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS
1. Resolution 2015-28; An exception pursuant to KPB 21.06 allowing a
clearing of more than 50 percent on a parcel within the KPB GIS Mapped
Flood Data Area (aka Seward Mapped Flood Data Area, SMFDA).
55
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 11 preliminary plats.
K. OTHER/NEW BUSINESS
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Seward Planning & Zoning Commission Minutes - July 14, 2015
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday,
September 28, 2015 in the Assembly Chambers of the George A Navarre Kenai Peninsula
Borough, 144 North Binkley St, Soldotna, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning@borough.kenai.ak.us
web site: http://www.borough.kenai.ak.us/planning-dept/planning-home
Advisory
Commission
Meeting Location Date Time
Anchor Point Anchor Point
Chamber of Commerce
September 8, 2015
September 22, 2015 7:00 p.m.
Cooper Landing Cooper Landing
Community Hall
September 9, 2015
October 7, 2015 6:00 p.m.
Hope / Sunrise Hope Social Hall September 3, 2015
October 8, 2015 7:00 p.m.
The Kachemak Bay and Funny River
Advisory Planning Commissions are inactive at this time.
NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting
date, location, and time with the advisory planning commission chairperson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website
56
THIS PAGE INTENTIONALLY LEFT BLANK
57
KENAI PENINSULA BOROUGH PLAT COMMITTEE
BREEZE INN SEWARD ALASKA HOTEL
MT. ALICE CONFERENCE ROOM
303 NORTH HARBOR DR
SEWARD, ALASKA 99664
6:00 p.m. September 14, 2015
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
3. Minutes
a. August 24, 2015 Plat Committee Minutes
D. PUBLIC COMMENT
(Items other than those appearing on the agenda. Limited to five minutes per speaker
unless previous arrangements are made.)
E. SUBDIVISION PLAT PUBLIC HEARINGS
1. Oceanview Subdivision Benny Benson Park Replat
KPB File 2015-090 [Cline/City of Seward]
Location: Off of Second Ave, Chamberlain Rd & Dairy Hill Lane
City of Seward
2. Seward Tidelands Survey ATS 1574 Tract A Replat No 2
KPB File 2015-103 [Cline/City of Seward]
Location: Tidelands along the Resurrection Bay shoreline
City of Seward.
3. Beluga Subdivision 2015 Replat & Right of Way Vacation
KPB File 2015-093 [Integrity / Kenai New Life Assembly of God]
Location: Off of Beluga Dr. W & Princess St
City of Kenai
4. Big Eddy Subdivision 2015 Replat
KPB File 2015-100 [Integrity/Davidson]
Location: Off of Peregrine Place
Ridgeway area
5. Centennial Estates 2015 Addition
KPB File 2015-101 [Integrity/Brown/May/Hagen]
Location: Off of Tustumena Lake Rd
Cohoe area
6. Naff Subdivision 2015 Replat
KPB File 2015-102 [Integrity/Renck]
Location: Off of Foraker Ave
MEMBERS:
Paulette Bokenko-
Carluccio
City of Seldovia
Term Expires 2018
Cindy Ecklund
City of Seward
Term Expires 2017
Rick Foster
(July meeting only)
Southwest Borough
Term Expires 2017
James Isham
Sterling
Term Expires 2018
Blair Martin
Kalifornsky Beach
Term Expires 2018
ALTERNATES:
Franco Venuti
City of Homer
Term Expires 2016
Paul Whitney
City of Soldotna
Term Expires 2017
58
Sterling area
7. Old Mill Subdivision 2015 Addition
KPB File 2015-097 [Johnson/Zimmerman]
Location: Off of Willow Circle
Bear Creek area
8. Brown Subdivision (N/C)
KPB File 2015-105 [Johnson/Brown]
Location: Near MP 146 of the Sterling Hwy
Happy Valley area; Anchor Point APC
9. Big Dipper Ranch
KPB File 2015-099 [Seabright/Alred]
Location: Near Big Dipper Ranch Rd
Fritz Creek area; Kachemak APC
10. Derkevorkian Subdivision Lovett Replat
KPB File 2015-104 [Survey Max/Lovett]
Location: Off of Funny River Road
adjacent to Kenai National Wildlife Refuge
11. Heistand Subdivision No. 9
KPB File 2015-106 [McLane/Holly]
Location: Off of Lagoon Ct, along the Kenai River shoreline
Funny River APC
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
I. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, September
28, 2015 in the Assembly Chambers of the George A Navarre Kenai Peninsula Borough,
144 North Binkley, Soldotna, Alaska at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907-714-2215 Fax: 907-714-2378
Phone: toll free within the Borough 1-800-478-4441, extension 2215
e-mail address: planning@borough.kenai.ak.us
web site: http://www.borough.kenai.ak.us/planning-dept/planning-home
59