HomeMy WebLinkAbout2016-12-14 Planning & Zoning Packet
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
DECEMBER 14, 2016 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
http://www.kenai.city
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. *November 9, 2016 ............................................................................................ 1
3. SCHEDULED PUBLIC COMMENT: None
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS:
a. PZ16-41 – Vacation of Utility Easements - Preliminary Original Plat of Ridgeview
Subdivision 2016 Replat, submitted by Integrity Surveys, 820 Set Net Dr., Kenai,
AK 99611. .......................................................................................................... 5
6. PUBLIC HEARINGS:
a. PZ16-38 - Application for Conditional Use Permit to construct a greenhouse
located on the property known as 513 Overland Dr.; and further described as Lot
5, Block 5, Original Townsite of Kenai, excluding the Southwesterly 20 feet of the
Southeasterly 20 feet. Application submitted by Kenaitze Indian Tribe, P.O. Box
988, Kenai, AK 99611. ...................................................................................... 15
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS:
a. Conduct a Completeness Review of PZ16-39; a Request for an After the Fact
Amendment of PZ05-35 (PZ03-32), a Conditional Use Permit for the Extraction of
Natural Resources below the water table and the operation of a Sand and Gravel Pit
for the property located at 2369 Beaver Loop Road; further described as Tract A1,
Beaver Loop Acres Addition No. 1. Application submitted by Mary Doyle, 2243 Beaver
Loop Road., Kenai, AK 99611 AND Consider Scheduling the Application for a Public
Hearing on January 11, 2017 before the Planning and Zoning Commission. ........ 29
b. Conduct a Completeness Review of PZ16-40; an Application for an After the Fact
Variance to Setbacks for the Extraction of Natural Resources below the water table
within 10 (ten) feet of the Rear Property Line, where 150 (one hundred and fifty) feet
is required Permit for the property located at 2369 Beaver Loop Road; and further
described as Tract A1, Beaver Loop Acres Addition No. 1. Application submitted by
Mary Doyle, 2243 Beaver Loop Road., Kenai, AK 99611 AND Consider Scheduling
the Application for a Public Hearing on January 11, 2017 before the Planning and
Zoning Commission. .............................................................................................. 29
c. Resolution No. PZ16-42 A Resolution of the Planning and Zoning Commission of the
City of Kenai, recommending an Ordinance to the Council of the City of Kenai,
consenting to an Amendment to Extend the Terms of Lease to 2035 of Certain City-
Owned Land, identified as a Portion of Lot 3, Block 17, Original Townsite of Kenai and
the Building Known as the “Fine Arts Center”, to the Peninsula Art Guild, Inc., without
a Current Appraisal and Declaring an Amendment to the Lease is in the Best Interest
of the City. .............................................................................................................. 56
9. PENDING ITEMS: None
10. REPORTS:
a. City Council ...................................................................................................... 67
b. Borough Planning ........................................................................................... 73
c. Administration – Discuss Cancellation of December 28th meeting
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS:
a. Consent to Assignment of Lease of General Fund Lands for property described
as a portion of Government Lot 10, Section 4, Township 5 North, Range 11
West, and Lots 2 & 4, Amended U.S. Survey 4563 located at 672 Bridge
Access Road from Salamatof Fisheries, LLC. (Assignor) to RABUF, LLC
(Assignee). ...................................................................................................... 89
b. Consent to Assignment of Lease of General Fund Lands for Property Described
as Tract C, Kenai Tidelands Survey No. 2 from Pacific Star Seafoods, Inc.,
(Assignor) to RABUF, LLC (Assignee). ........................................................... 99
c. Consent to Assignment of Lease of General Fund Lands for Property described as
Lot 2, Kenai Spit Subdivision, located at 2000 Columbia Street from Wild Pacific
Salmon, Inc. (Assignor) to North Pacific Seafoods, Inc. (Assignee). ............. 107
13. NEXT MEETING ATTENDANCE NOTIFICATION: December 28, 2016
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
THIS PAGE INTENTIONALLY LEFT BLANK
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
NOVEMBER 9, 2016 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1.CALL TO ORDER:
Commission Chair Twait called the meeting to order at 7:00 p.m.
a.Pledge of Allegiance
Fikes led those assembled in the Pledge of Allegiance.
b.Roll Call
Commissioners present: J.Twait, R. Springer, K. Peterson, D. Fikes, J. Halstead
(telephonic)
Staff/Council Liaison present: City Planner M. Kelley, Planning Assistant W. Anderson, Deputy
Clerk J. Heinz, and Council Liaison J. Glendening
A quorum was present.
c.Agenda Approval
MOTION:
Commissioner Peterson MOVED to approve the agenda and Commissioner Springer
SECONDED the motion. There were no objections; SO ORDERED.
d.Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda; Commissioner Springer
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.
e.*Excused Absences – None.
2.*APPROVAL OF MINUTES: October 12, 2016
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Planning and Zoning Commission Meeting
November 9, 2016
Page 2
Minutes were approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None.
5. CONSIDERATION OF PLATS:
a. PZ16-36 – Preliminary Original Plat of Ridgeview Subdivision 2016 Replat,
submitted by Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611
City Planner Kelley reviewed his staff report, which was provided in the packet, noting the new
plat vacated the property lines resulting in the creation of one large tract of land, and
recommended approval with following recommendations:
Further development of the property shall conform to all Federal, State, and local
regulations
The ten foot utility easements along the East boundary of lots one (1) and three (3)
and the West boundary of lot three (3), Ridgeview Estates Subdivision be delineated
on the proposed plat
The City of Kenai must sign the final plat accepting for public use the fifteen foot utility
easement dedicated by the plat.
Ridgeway Street as shown in the title block for the plat should be revised to read
Ridgeway Court.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ16-36 and Commissioner Halstead
SECONDED the motion.
Chair Twait opened the public hearing; there being no one wishing to testify, the public hearing
was closed.
VOTE:
YEA: Twait, Peterson, Springer, Halstead, Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS:
a. PZ16-37 – Application for a Variance Permit for the placement of an approximately
32 foot square sign within one (1) foot of the property line where ten (10) feet is
required pursuant to KMC 14.20.220(b)(2)(c). Located at 8333 Kenai Spur
Highway, and further described as Tract A, Kenai Fellowship Church. The
application was submitted by the Kenai Fellowship A Church of Christ, Inc. P.O.
Box 538, Kenai, AK 99611.
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Planning and Zoning Commission Meeting
November 9, 2016
Page 3
City Planner Kelley reviewed his staff report, which was provided in the packet, recommending
approval due to consistency with the intent of Kenai Municipal Code Section 14.20.180(a) which
stated “to provide relief when the literal enforcement would deprive a property owner of the
reasonable use of his property,” with the following recommended conditions:
Applicant must comply with all Federal, State, and local regulations.
Prior to obtaining a Building Permit, the Applicant must submit a Sign Permit
application.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ16-37 and Commissioner
Peterson SECONDED the motion.
Commission Chair Twait opened the public hearing.
Jay Pettey, worship leader, noted he was available for questions; clarified the sign was to be back
lit and would not include the time and temperature feature as flashing was not allowed by Code;
noted that Integrity Survey’s paperwork indicated the building was twenty-two feet from the Right-
of-Way and be close in proximity to the existing sign which was to be removed.
There being no one else wishing to testify, the public hearing was closed.
VOTE:
YEA: Twait, Peterson, Springer, Halstead, Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the 15-day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Glendening reported on actions from the November 2
meeting including the Mayoral Oath of Office for Gabriel; Project Homeless Connect
reported on the services they provided; Capital Improvement Project list adopted;
approved an extension of the Facilities Management Agreement for Kenai Visitors and
Cultural Center; approved a Special Use Permit for Evert’s Air Fuel, Inc., Gary Greenberg
nominated to the Planning and Zoning Commission; City Manager given direction on
revised conditions for the purchase of the bowling alley property; welcomed Commissioner
Halstead to the Planning and Zoning Commission.
b. Borough Planning – No report; there was not a meeting held.
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Planning and Zoning Commission Meeting
November 9, 2016
Page 4
c. Administration – City Planner M. Kelley reporting on the following:
Gary Greenberg was nominated for the Planning and Zoning Commission; City
Council would have an opportunity to appoint on December 7
American Planning Association conferences were upcoming
Comprehensive Plan had been submitted to the Kenai Peninsula Borough; Assembly
introduced November 22 for referral to Borough Planning and Zoning for November
28 meeting; 20 day waiting period; Public Hearing in January
Next meeting was scheduled for the day before Thanksgiving.
It was decided to cancel the November 23 meeting.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: December 14, 2016
14. COMMISSION COMMENTS & QUESTIONS: None.
Commissioner Peterson thanked Councilor Glendening for attending the meeting.
Vice Chair Fikes welcomed Commissioner Halstead; congratulated Glendening on his election to
Council.
Commissioner Halstead noted he was looking forward to the upcoming Commissioner training at
the American Planning Association conference and being a part of the Planning and Zoning team.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 7:36 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy City Clerk
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STAFF REPORT
To: Planning & Zoning Commission
Date: December 14, 2016 Res: PZ16-41
GENERAL INFORMATION
Applicant: Paul H. Ruesch and Lynda R. Ruesch
5360 Ridgeview St.
Kenai, AK 99611-8634
Submitted by: Integrity Surveys, Inc.
820 Set Net Dr.
Kenai, AK 99611
Requested Action: Vacation of Utility Easments – Ridgeview Estates
Subdivision 2016 Replat
Existing Legal
Description: Lots One (1) through Four (4), inclusive, Ridgeview Estates
Subdivision, according to Plat No. 80-48 and Tract B,
Ridgeview Estates Addition No. 1, according to Plat No. 97-
12
Proposed Legal
Description: Tract C, Ridgeview Estates Subdivision 2016 Replat
Street Address: 5300 Ridgeview Court, 1375 Chisik Street, 5340 Ridgeview
Court, 5360 Ridgeview Court, and 1445 Chisik Street
KPB Parcel No.: 04950004, 04950003, 04950005, 04950006, and 04950010
Existing Zoning: (RR) Rural Residential
Current Land Use: Single Family Dwelling and Vacant Parcels
Land Use Plan: Rural Residential
ANALYSIS
The Planning and Zoning Commission recommended approval of the original
preliminary plat of Ridgeview Estates Subdivision 2016 Replat (PZ16-36) at their
November 9, 2016 meeting.
The plat of Ridgeview Estates Subdivision 2016 Replat vacated the property line
between Lots One (1) through Four (4), inclusive, Ridgeview Estates Subdivision
and Tract B, Ridgeview Estates Addition No. 1. The lot line vacation resulted in
the creation of one large tract to be described as Tract C, Ridgeview Estates
Subdivision 2016 Replat, containing approximately 16,057 acres.
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Staff reported that the underlying plat of Ridgeview Estates Subdivision, plat
number 80-48 disclosed 10 foot utility easements delineated along the East
boundary of Lots One (1) and Two (2) and the West boundary of Lot Three (3),
Ridgeview Estates Subdivision. A condition of recommending approval by the
Kenai Peninsula Borough was that this utility easements be delineated on the
plat.
Staff discussed vacating the utility easements with the surveyor, Scott Huff. Mr.
Huff indicated that the owners of the property did not wish to vacate the utility
easements at that time. After further consideration, the owners have decided to
vacate the utility easements. The utility companies, namely, Homer Electric
Association, Enstar, Alaska Communications Systems and GCI have offered no
objection to the vacation of the utility easements.
RECOMMENDATIONS
The Planning and Zoning staff recommend approval with the following
requirements:
a. Further development of the property shall conform to all Federal, State
and local regulations.
b. The City of Council for the City of Kenai must approve the vacation of the
utility easements, pursuant to Kenai Municipal Code 22.05.110.
ATTACHMENTS:
1. Resolution No. PZ16-41
2. Staff Report for PZ16-36
3. Preliminary Plat
4. Public Utility Comments
5. Map
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-41
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, on November 9, 2016, the Planning and Zoning Commission recommended
approval by the Kenai Peninsula Borough of the plat of RIDGEVIEW ESTATES
SUBDIVISION 2016 REPLAT; and
WHEREAS, the underlying plat of Ridgeview Estates Subdivision, plat number 80-48,
disclosed a 10 foot utility easement along the East boundary of Lots One (1) and Two (2)
and the West boundary of Lot 3, Ridgeview Estates Subdivision. The property owners did
not wish to vacate the utility easements; therefore, a condition of approval was that the
utility easements be delineated on the plat of RIDGEVIEW ESTATES SUBDIVISION 2016
REPLAT; and
WHEREAS, the property owners now wish to vacate the utility easement along the East
boundary of Lots One (1) and Two (2) and the West boundary of Lot 3, RIDGEVIEW
ESTATES SUBDIVISION 2016 REPLAT; and
WHEREAS, the attached plat of RIDGEVIEW ESTATES SUBDIVISION 2016 REPLAT
was referred to the City of Kenai Planning and Zoning Commission on December 9, 2016,
and received from Integrity Surveys, Inc.; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Rural Residential and therefore subject to said zone conditions.
2. Plat does not subdivide property within a public improvement district subject to special
assessments. There is not a delinquency amount owed to the City of Kenai for the
referenced property.
3. Installation agreement or construction of improvements is not required.
4. Status of surrounding land is shown.
5. Utility easements, if required, shall be shown.
6. Surveyor shall verify that no encroachments exist. If an encroachment exists; the plat
does not create nor increase the encroachment.
7. Street names designated on the plat are correct.
8. CONDITIONS:
a. Further development of the property shall conform to all Federal, State and local
regulations.
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b. The City of Council for the City of Kenai must approve the vacation of the
utility easements, pursuant to Kenai Municipal Code 22.05.110.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE RIDGEVIEW ESTATES
SUBDIVISION 2016 REPLAT, SUBJECT TO ANY NEGATIVE FINDINGS AS STATED
ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 14th day of December, 2016.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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STAFF REPORT
To: Planning & Zoning Commission
Date: December 14, 2016 Res: PZ16-38
GENERAL INFORMATION
Applicant: Kenaitze Indian Tribe 907-335-7200
P.O. Box 988
Kenai, Alaska 99611
Requested Action: Greenhouse
Legal Description: Lot 5, Block 5, Original Townsite of Kenai, EXCLUDING the
Southwesterly 20 feet of the Southeasterly 20 feet.
Street Address: 513 Overland Ave.
KPB Parcel No.: 04707108
Existing Zoning: Townsite Historical District (TSH)
Current Land Use: Vacant
Land Use Plan: Mixed Use
ANALYSIS
General Information:
The Kenaitze Indian Tribe purchased the subject parcel in March, 2016. According to the
submitted application, the Kenaitze Indian Tribe would like to use the subject parcel for the
construction of a greenhouse. The greenhouse will not serve the public and will be used in
conjunction with existing programs, namely, but not limited to, the Elder’s Wellness Initiative, the
ongoing Diabetes Prevention Program, and the Early Child Care Program. At such time as the
plat of the Townsite of Kenai, 2016 Addition has been recorded this parcel shall become part of
Tract B, Townsite of Kenai, 2016 Addition. Said Tract B includes the Dena’ina Wellness Center,
Na’ina Building, Tykotas Elder Center and Kenaitze Tribal Court.
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.
The subject parcel is located within the Townsite Historic District. The parcel was not identified
as having historical significance in the 2007 Historic Preservation Plan. Greenhouses are a
Page 15 of 113
conditional use in the Townsite Historic District; therefore, the Kenaitze Indian Tribe has submitted
an application for a Conditional Use Permit. The greenhouse will not serve the public and will be
used in conjunction with existing programs such as the Elder’s Wellness Initiative, the ongoing
Diabetes Prevention Program, and the Early Child Care Program.
The value of the adjoining property and neighborhood will not be significantly impaired.
o Staff finds the proposed development meets this standard.
The construction of the proposed greenhouse will not significantly impair the surrounding
neighborhood. Applicant states that traffic flow will be minimal because the greenhouse will not
be open to the public; therefore, additional parking will not be required. Applicant believes that
the value of the adjoining property and neighborhood will be enhanced just as the neighborhood
was enhanced when the Dena’ ina Wellness Center, Tykotas Elder Center and the Tribal Court
building were constructed. The structure will be as aesthetically pleasing as the other structures
onsite.
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 Mixed Use district fosters a compatible mix of
retail, service, office, public, institutional recreational and multi-family residential uses. The district
does not prescribe specific proportions for these uses, only that all these uses are desirable within
the district. Mixed uses are particularly desirable in the Townsite Historic District and City Center
overlay zone.
The proposed greenhouse is compatible with the 2003 Comprehensive Plan. The greenhouse
will foster development that is compatible with service type uses that are provided by the Kenaitze
Indian Tribe. Applicant states that the proposed use of the greenhouse works directly with the
needs of Kenai’s growing senior population. The structure will add to the attractiveness of the City
center, at least in Old Town, and will help in the rejuvenation of the livability of the neighborhood.
Public services and facilities are adequate to serve the proposed use.
o Staff finds the proposed development meets this standard.
Water and Sewer services are available along Mission Avenue and Overland Avenue. The facility
will not be open to the public, but the 1512 square foot structure will be more than adequate to
serve the needs of the programs that this greenhouse is intended to serve.
The proposed use will not be harmful to the public safety, health or welfare.
o Staff finds the proposed development meets this standard.
The growing of organic and naturally grown indigenous plants and vegetables will be promoted;
very little pesticides or fertilizers will be introduced. The public sewer system will not be used for
drainage. The proposed use of the subject parcel as a greenhouse will not be harmful to the public
safety, health or welfare.
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CONDITIONS OF APPROVAL:
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.
The plan as submitted meets the intent of Kenai Municipal Code Section 14.20.150 and
14.20.250. Plan is approved as submitted with the following Conditions of Approval:
A. Applicant must comply with all Federal, State and local regulations.
B. Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code 14.20.150(f).
C. If there is a change of use for the above described property, a new Conditional
Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5).
ATTACHMENTS:
1. Resolution No. PZ16-38
2. Application
3. Map
4. Drawings
Page 17 of 113
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-38
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 GREENHOUSE.
APPLICANT: Kenaitze Indian Tribe
PROPERTY ADDRESS: 513 Overland Avenue, Kenai, AK 99611
LEGAL DESCRIPTION: Lot 5, Block 5, Original Townsite of Kenai, EXCLUDING the
Southwesterly 20 feet of the Southeasterly 20 feet
KENAI PENINSULA BOROUGH PARCEL NO: 04707108
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on October 31, 2016; and,
WHEREAS, the application affects land which is zoned as Townsite Historical District (TSH);
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 December 14, 2016; 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.
The subject parcel is located within the Townsite Historic District. The parcel was not
identified as having historical significance in the 2007 Historic Preservation Plan.
Greenhouses are a conditional use in the Townsite Historic District; therefore, the Kenaitze
Indian Tribe has submitted an application for a Conditional Use Permit. The greenhouse
will not serve the public and will be used in conjunction with existing programs such as the
Elder’s Wellness Initiative, the ongoing Diabetes Prevention Program, and the Early Child
Care Program.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.ci.kenai.ak.us
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B. The value of the adjoining property and neighborhood will not be significantly impaired.
The construction of the proposed greenhouse will not significantly impair the surrounding
neighborhood. Applicant states that traffic flow will be minimal because the greenhouse will
not be open to the public; therefore, additional parking will not be required. Applicant
believes that the value of the adjoining property and neighborhood will be enhanced just as
the neighborhood was enhanced when the Dena’ina Wellness Center, Tykotas Elder
Center and the Tribal Court building were constructed. The structure will be as aesthetically
pleasing as the other structures onsite.
C. The proposed use is in harmony with the Comprehensive Plan.
The 2003 Comprehensive Plan provides that the Mixed Use district fosters a compatible mix
of retail, service, office, public, institutional recreational and multi-family residential uses.
The district does not prescribe specific proportions for these uses, only that all these uses
are desirable within the district. Mixed uses are particularly desirable in the Townsite Historic
District and City Center overlay zone.
The proposed greenhouse is compatible with the 2003 Comprehensive Plan. The
greenhouse will foster development that is compatible with service type uses that are
provided by the Kenaitze Indian Tribe. Applicant states that the proposed use of the
greenhouse works directly with the needs of Kenai’s growing senior population. The
structure will add to the attractiveness of the City center, at least in Old Town, and will help
in the rejuvenation of the livability of the neighborhood.
D. Public services and facilities are adequate to serve the proposed use.
Water and Sewer services are available along Mission Avenue and Overland Avenue. The
facility will not be open to the public, but the 1512 square foot structure will be more than
adequate to serve the needs of the programs that this greenhouse is intended to serve.
E. The proposed use will not be harmful to the public safety, health or welfare.
The growing of organic and naturally grown indigenous plants and vegetables will be
promoted; very little pesticides or fertilizers will be introduced. The public sewer system will
not be used for drainage. The proposed use of the subject parcel as a greenhouse will not
be harmful to the public safety, health or welfare.
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:
A. Applicant must comply with all Federal, State and local regulations.
B. Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code 14.20.150(f).
C. If there is a change of use for the above described property, a new Conditional
Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5).
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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 GREENHOUSE 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 14th of December, 2016.
Jeff Twait, Chairperson
ATTEST:
Sandra Modigh, City Clerk
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MEMORANDUM:
TO: Planning and Zoning Commission
FROM: Matt Kelley, City Planner
DATE: December 7, 2016
SUBJECT: Completeness Review of PZ16-39 & PZ16-40
The purpose of this communication is to introduce PZ16-39 and PZ16-40 to the Planning and
Zoning Commission for the purposes of conducting an Application completeness review.
PZ16-39 is a request for an After the Fact Amendment of PZ05-35 (PZ03-32), a Conditional Use
Permit for the Extraction of Natural Resources below the water table and the operation of a
Sand and Gravel Pit for the property located at 2369 Beaver Loop Road; further described as
Tract A1, Beaver Loop Acres Addition No. 1.
PZ16-40 is an Application for an After the Fact Variance to Setbacks for the Extraction of
Natural Resources below the water table within 10 (ten) feet of the Rear Property Line, where
150 (one hundred and fifty) feet is required Permit for the property located at 2369 Beaver Loop
Road; and further described as Tract A1, Beaver Loop Acres Addition No. 1.
Pursuant to Kenai Municipal Code (KMC), 14.20.152, a Conditional Use Permit (CUP) for the
Extraction of Natural Resources requires the Commission to review the application and
accompanying information to determine if it is sufficient to meet the requirements of the chapter.
If the requirements have not been met, the Commission may request the applicant to prepare
and submit additional information to assist in their consideration of the application. If the
Commission finds that additional information is required to make a completeness determination,
they may at their discretion, hold a second completeness review meeting to consider the revised
materials. Upon a determination by the Commission that the submitted application is complete
the Commission shall hold a public hearing on the application at the first regular meeting
following the meeting at which their initial application review was made, pursuant to KMC
14.20.153.
The subject application before the Commission, is an After the Fact Amendment of PZ05-35,
which is an amendment PZ03-32. The original permit was issued in 1976 to River Bend Sand
and Gravel. In 1985, it was transferred to Mr. and Ms. Doyle after they purchased the subject
parcel. In 2005, the subject CUP was amended to allow for excavation below the water table,
“at the current pit location”.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
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In 1985 when the permit was transferred to Mr. Doyle, it was transferred intact. Given that the
original CUP did not include excavation below the water table, code required that an
amendment to the CUP be required. KMC 14.20.158(b) states:
(b) A permit holder may amend his site plan and statements by filing an
application for amendment in writing with the administrative official. The
Commission shall approve the application for amendment if the original
application would have been approved hat it contained the provisions of the
application for amendment.
In 2005, the subject amendment application identified two areas known at Area 1 and Area 2
(See attached aerial photo). It was determined at that time after extensive research by staff that
Area 1 had been excavated to the rear property line prior to the City assuming zoning powers
and therefore was a non-conforming use pursuant to KMC 14.20.050(f). Area 2 had not been
excavated, therefore, it was determined that the area behind Area 2 was subject to the setback
requirements outlined in KMC 14.20.154(a)(2) requiring a setback of 200 feet from any road or
public right-of-way and 150 feet from other surround property lines.
Pursuant to the submitted application, approximately 10 years ago, the 150-foot buffer area was
excavated to within approximately 10 feet of the rear property line. According to the petitioner,
James Doyle, the gravel pit owners, Mr. and Ms. Doyle did not purposely or maliciously breach
the 150-foot buffer area. The petitioner has indicated that due to failing health of Mr. Doyle, he
was unable to maintain awareness of the required conditions of PZ05-35, which required that
the 150-foot buffer area north of Area 2 be left unexcavated.
James Doyle, who is the brother of Mr. Doyle has applied on behalf of Ms. Doyle for an After the
Fact CUP Amendment to recognize the excavation which has occurred within the 150-foot
buffer area. Pursuant to the submitted application materials, the applicant has submitted an
updated site plan which shows the excavated area. The site plan shows the depths of the
excavation as well. In addition, the application includes a profile of the excavation area which
shows a 2:1 slope along the final face of the excavated area.
In addition to the submitted CUP Amendment, the applicant has also submitted an application
for an After the Fact Variance to setbacks for the excavated area of 10 feet where 150-feet is
required from the rear property line. The application for a Variance is required to recognize the
reduced setbacks for the excavation area.
In reviewing the application materials submitted, it is staff’s opinion that the both applications
are complete and can be scheduled for a public hearing. Staff therefore recommends that the
Planning and Zoning Commission find the applications complete and schedule them both for a
public hearing on January 11, 2017.
Thank you for your consideration.
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MEMORANDUM:
TO: Planning and Zoning Commission
FROM: Matt Kelley, City Planner
DATE: December 14, 2016
SUBJECT: Resolution No. PZ16-42
The purpose of this communication is to introduce Resolution No. PZ16-42.
At their meeting of December 7, 2016, the City Council introduced Ordinance No. 2933-
2016. The Ordinance would give the authorization to extend the lease term of the
Peninsula Art Guild who runs the “Fine Arts Center” from 2020 to 2035. The Peninsula
Art Guild has requested an extension of their lease which is due to expire on December
31, 2020 to December 31, 2035. The lease would be under the same terms and
conditions as the existing lease. The Peninsula Art Guild has requested to extend the
lease in order to obtain grant funding for a substantial repair, renovation and upgraded
of the premises.
Staff recommends the Planning and Zoning Commission support the proposed
Resolution to extend the lease of the Peninsula Art Guild.
Thank you for your consideration.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
Page 55 of 113
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-42
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
RECOMMENDING AN ORDINANCE TO THE COUNCIL OF THE CITY OF KENAI,
CONSENTING TO AN AMENDMENT TO EXTEND THE TERM OF LEASE UNTIL 2035 OF
CERTAIN CITY-OWNED LAND, IDENTIFIED AS A PORTION OF LOT 3, BLOCK 17, ORIGINAL
TOWNSITE OF KENAI AND THE BUILDING KNOWN AS THE “FINE ARTS CENTER”, TO THE
PENINSULA ART GUILD, INC., WITHOUT A CURRENT APPRAISAL AND DECLARING AN
AMENDMENT TO THE LEASE IS IN THE BEST INTEREST OF THE CITY.
WHEREAS, since December 1991 and until the Lease was assigned to the Peninsula Arts Guild,
Inc., on September 8, 2000, the City has leased the Fine Arts Center to the Kenai Arts &
Humanities Council for one dollar ($1.00) per year to provide a building to house the Fine Arts
Center for the benefit of the local community; and,
WHEREAS, the Fine Arts Center is currently in need of general repair and updating; and,
WHEREAS, the current Lease is scheduled to expire on December 31, 2020, and the Peninsula
Art Guild, Inc., has requested an extension of the Lease until December 31, 2035 under the same
terms and conditions as the existing Lease in order to obtain grant funding for a substantial repair,
renovation, and upgraded of the premises; and,
WHEREAS, Kenai Municipal Code 22.05.055 requires lease terms to be based on the durability
of the proposed use, the amount of investment proposed and made, the nature of the
improvement proposed, and the time required to amortize the investment; and,
WHEREAS, Kenai Municipal Code 22.05.050 requires that prior to renewal of a lease, there must
be an appraisal within the last twelve (12) months to determine a fair market lease rate; and,
WHEREAS, it is in the best interest of the City to waive KMC 22.05.050 and 22.05.055 as a fair
market lease is not sought and such appraisal would result in the unnecessary expenditure of
funds and the City owns the improvements; and,
WHEREAS, the directors of the Peninsula Art Guild, Inc., have requested that City Administration
expedite its request to Execute an Extension of Lease in order to obtain available grant funding;
and,
WHEREAS, an extension of the current lease to the Peninsula Arts Guild under the same terms
and conditions of the existing lease at a rate of one dollar ($1.00) per year is in the best interests
of the City; and,
WHEREAS, pursuant to KMC 22.05.045, no leased land may be changed in use, nor may any
renewal lease be issued until the proposed use or renewal has been reviewed by the Planning
and Zoning Commission and approved by the City Council
NOW, THEREFORE, BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA, THAT AN ORDINANCE BE ENACTED TO AMEND AND EXTEND THE TERM OF
LEASE UNTIL 2035 OF CERTAIN CITY-OWNED LAND, IDENTIFIED AS A PORTION OF LOT
3, BLOCK 17, ORIGINAL TOWNSITE OF KENAI AND THE BUILDING KNOWN AS THE “FINE
ARTS CENTER”, TO THE PENINSULA ART GUILD, INC., WITHOUT A CURRENT APPRAISAL
AND DECLARING AN AMENDMENT TO THE LEASE IS IN THE BEST INTEREST OF THE
CITY.
Page 56 of 113
Resolution No. PZ16-42
Page 2 of 2
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 14th day of December, 2016.
CHAIRPERSON:
Jeff Twait, Chairperson
ATTEST:
Sandra Modigh, City Clerk
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