HomeMy WebLinkAbout2017-03-08 Planning & Zoning Packet
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
March 8, 2017 - 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. *February 8, 2017 ............................................................................................. 1
3. SCHEDULED PUBLIC COMMENT: None
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS:
a. PZ17-05 – Original Preliminary plat of Inlet Woods Subdivision Houtz Replat,
submitted by Integrity Surveys, Inc. Kenai, Alaska 99611 on behalf of the Allen
Houtz, P.O. Box 884, Kenai, AK 99611 ............................................................. 5
6. PUBLIC HEARINGS: None
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS:
a. Consider scheduling a Work Session to discuss a draft Ordinance amending Kenai
Municipal Code Chapter 14.25 – Landscape/Site Plan Regulations to Require
Landscaping and Site Plans for all Retention Basins, Commercial, Industrial and
Multifamily Development and Land Clearing in Certain Zones in the City and
Making Other Housekeeping Changes ............................................................. 11
9. PENDING ITEMS: None
10. REPORTS:
a. City Council ...................................................................................................... 22
b. Borough Planning ..................................................................................... 27
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS:
13. NEXT MEETING ATTENDANCE NOTIFICATION: March 22, 2017
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
FEBRUARY 8, 2017- 7:00 P.M.
VICE CHAIRMAN PETERSON, PRESIDING
MINUTES
1. CALL TO ORDER:
Vice Chairman Peterson called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Commission Chair Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Commissioners present: R. Springer, D. Fikes, K. Peterson, G. Greenberg, V. Askin
Staff/Council Liaison present: City Planner M. Kelley, Planning Assistant W. Anderson, City
Clerk S. Modigh, and Council Liaison J. Glendening.
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Fikes MOVED to approve the agenda with the revisions to the agenda and packet
and Commissioner Greenberg SECONDED the motion. There were no objections; SO
ORDERED.
d. Consent Agenda
MOTION:
Commissioner Fikes 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 – Chairman Twait & J. Halsted
2. *APPROVAL OF MINUTES: January 25, 2017
Page 1 of 31
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. PZ17-02 – Original Preliminary plat of Kenai Meadows, submitted by Segesser Surveys,
30485 Rosland St., Soldotna, AK 99669 on behalf of the City of Kenai, 210 Fidalgo Ave.,
Kenai, AK 99611.
City Planner Kelley provided his staff report provided in the packet dated February 8, 2017 and
recommended approval with the following requirements:
• Further development of the property shall conform to all Federal, State and local regulations.
• The City of Kenai must sign the final plat as property owner.
• The preliminary plat should be revised to reflect Paul Ostrander as the City Manager of the
City of Kenai.
• Tract A, according to KN 76-66 as shown to be outside the preliminary plat should be revised
to show that a 30-foot right-of-way is not located along its eastern property line.
MOTION:
Commissioner Askin MOVED to approve Resolution No. PZ17-02 and Commissioner Springer
SECONDED the motion.
Commission Vice Chair Peters opened the public hearing
There being no one else wishing to speak, public hearing was closed.
VOTE:
YEA: Springer, Fikes, Peterson, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS: None.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. PZ17-03 - A resolution of the Planning and Zoning Commission of the City of Kenai,
recommending a resolution to the Council of the City of Kenai, consenting to an
amendment changing the purpose set forth in the lease of certain city-owned property
described as Lot 3, Block 1, Gusty Subdivision from restaurant to retail business.
Page 2 of 31
City Planner Kelley provided his staff report provided in the packet dated January 31, 2017 and
recommended approval.
MOTION:
Commissioner Askin MOVED to approve Resolution No. PZ16-44 and Commissioner Springer
SECONDED the motion.
VOTE:
YEA: Peterson, Springer, Fikes, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Glendening reviewed the February 1 city council action
agenda noting the following:
• Recognition of volunteer services for Phillip Morin, former Harbor Commissioner
• Scheduled public comments from the Inlet Regional Citizens Advisory Council and
the City’s Permeant Fund.
• Holly Ward brought awareness of upcoming Rare Disease Day and requested
support from the community.
• Sale of the Bowling Alley was approved.
• Reappointed Glenda Feekan to the Airport Commission.
• Special Use Permits were approved.
b. Borough Planning – Council Member Glendening advised the next meeting would be
February 13.
c. Administration – City Planner M. Kelley advised that copies of the Comprehensive Plan
were provided to all Commissioners.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: February 22, 2017
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Askin stated she was happy to see the Little Skimos building occupied and that
she found it interesting to see Bargain Basement for sale.
The Commission thanked Planning for the bound copies of the Comprehensive Plan.
Page 3 of 31
Council Member Glendenning noted that he was happy to be liaison.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 7:22 p.m.
Minutes prepared and submitted by:
_____________________________
Sandra Modigh, CMC
City Clerk
Page 4 of 31
STAFF REPORT
To: Planning & Zoning Commission
Date: March 8, 2017 Res: PZ17-05
GENERAL INFORMATION
Applicant: Allen Houtz
P.O. Box 884
Kenai, AK 99611
Submitted by: Integrity Surveys, Inc.
820 Set Net Dr.
Kenai, AK 99611
Requested Action: Original Preliminary Subdivision Plat – Inlet Woods
Subdivision Houtz Replat
Existing Legal
Description: Lots 6 and 7, Block 9, Inlet Woods Subdivision Part One,
according to Plat No. 84-279
Proposed Legal
Description: Lot 6A, Inlet Woods Subdivision Houtz Replat
Street Address: 1525 Meander Lane and 1515 Meander Lane
KPB Parcel No.: 04101149 and 04101150
Existing Zoning: (RS) Suburban Residential
Current Land Use: Vacant
Land Use Plan: Suburban Residential
ANALYSIS
The new plat vacates the property line between Lots 6 and 7, Block 9, Inlet
Woods Subdivision Part One. The lot line vacation will result in the proposed Lot
6A, Inlet Woods Subdivision Houtz Replat containing approximately 19.776
square feet. The proposed lot meets the minimum lot size requirement of 7,200
square feet for the Suburban Residential zone. The reconfigured lot meets the
minimum lot width of 60 feet for the Suburban Residential zone. Access to the
proposed lot is provided by Meander Lane which is a City maintained paved
road. Water and sewer lines are located with the right-of-way of Meander Lane;
therefore, water and sewer is available to the proposed lot. An installation
agreement is not required.
RECOMMENDATIONS
The Planning and Zoning staff recommend approval with the following
requirements:
Page 5 of 31
a. Further development of the property shall conform to all Federal, State
and local regulations.
ATTACHMENTS:
1. Resolution No. PZ17-05
2. Preliminary Plat
3. Application
4. Map
Page 6 of 31
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-05
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat of INLET WOODS SUBDIVISION HOUTZ REPLAT was
referred to the City of Kenai Planning and Zoning Commission on March 8, 2017, and
received from Integrity Surveys, Inc.; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Suburban 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.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE INLET WOODS SUBDIVISION
HOUTZ REPLAT, SUBJECT TO THE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 8th day of March, 2017.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
Page 7 of 31
Page 8 of 31
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3 1300.
100 '
Date: 3/2/2017
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
1 inch equals 100 feet
Lots 6 & 7, Block 9, Inlet Woods Part One
TextTextTextTextText
Page 9 of 31
Page 10 of 31
MEMORANDUM
TO: Jeff Twait, Planning Commission Chair and Commissioners
FROM: Council Member Molloy and Mayor Gabriel
CC: Matt Kelley
DATE: February 21, 2017
SUBJECT: Ordinance Amending Landscaping and Site Plan Regulations
This Ordinance as proposed requires landscaping and site plans prior to land clearing even
when a building permit is not required for development. Other additional housekeeping
changes are recommended. Determinations by the City Planner regarding Landscaping and
Site Plans are appealable to the Board of Adjustment. The following is a sectional analysis
of each recommended change in KMC Chapter 14.25:
1. KMC 14.25.010 is amended in subsection (b) for consistency purposes using
language that was previously included in KMC 14.25.040 (where the same
language is proposed to be deleted) and in subsection (c) the definition of
multifamily development is deleted and moved to the new definitions section
in KMC 14.25.100.
2. KMC 14.25.015 is deleted in its entirety. Land clearing is instead addressed
in KMC 14.25.020. This section previously required a landscaping and site
plan only when clearing resulted in less than 25% of the lot area having
existing trees, shrubs, or natural vegetation cover and by virtue of KMC
14.25.020, arguably, only when a building permit or expansion of an existing
facility was sought. The Ordinance as proposed requires a landscape and site
plan prior to any commercial, industrial or multifamily development and
prior to any land clearing as defined in the new definitions section (KMC
14.25.100).
3. KMC 14.25.020 is amended by moving definitions “commercial, industrial
and multifamily development” to the new definitions section and adding land
clearing into this section that was previously addressed in KMC 14.25.015.
Additionally, language regarding penalties is deleted and replaced in the
Penalties section of the chapter addressed in KMC 14.25.090.
4. KMC 14.25.030 is amended to require the submission to the City Planner of
Stormwater Pollution Prevention Plans, for informational purposes.
5. KMC 14.25.040 is amended by removing the intent language that begins the
section and moving it to KMC 14.25.010 for consistency and to reduce
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
www.kenai.city
Page 11 of 31
Planning Commission Memo
February 21, 2017
Page 2 of 2
redundancy in the chapter. Other minor housekeeping changes involving
lettering for organization purposes are also recommended for this section.
6. KMC 14.25.080 is amended to remove the term “construction” because the
chapter applies to land clearing by itself, which may not be considered a
construction activity.
7. KMC 14.25.090 is amended to define what is prohibited as previously
provided in KMC 14.25.020 with additional language addressing land
clearing.
8. KMC 14.25.100 is amended to include all definitions for the chapter, as
opposed to just “landscaping.” Additional definitions include “land
clearing,” “commercial, industrial or multifamily development” and
“multifamily development.” The main material change is a definition of
“land clearing” as follows:
“Land clearing” for purposes of this chapter means tree cutting or other
means of removal of trees and established vegetation, other than the cutting
of dead trees for the purpose of firewood collection or fire protection, on
properties within the Central Commercial (CC), General Commercial (CG),
Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH),
Light Industrial (IL), Airport Light Industrial (ALI) and Education (ED)
zoning districts.
Your consideration is appreciated.
Page 12 of 31
Sponsored by: Mayor Gabriel
Councilmember Molloy
CITY OF KENAI
ORDINANCE NO. *-2017
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE CHAPTER 14.25-LANDSCAPING/SITE PLAN REGULATIONS,
TO REQUIRE LANDSCAPING AND SITE PLANS FOR ALL RETENTION BASINS,
COMMERCIAL, INDUSTRIAL AND MULTIFAMILY DEVELOPMENT AND LAND
CLEARING IN CERTAIN ZONES IN THE CITY AND MAKING OTHER HOUSEKEEPING
CHANGES.
WHEREAS, Kenai Municipal Code Chapter 14.25-Landscaping/ Site Plan Regulations,
regulates landscaping and site plan requirements in the City; and,
WHEREAS, landscaping plans provide for landscaping and/or the retention of natural
vegetation and buffers in conjunction with commercial, industrial and multifamily
development, to enhance the community environment and visual character, and to
provide attractive and functional separation, providing visual and sound screening
barriers or buffers between uses, and reducing erosion and storm runoff; and,
WHEREAS, site plans provide for orderly and safe development of the City
commensurate with protecting the health, safety and welfare of its citizens, and support
the establishment of adequate and convenient open spaces, light and air, in order to
avoid congestion of commercial and industrial areas; and,
WHEREAS, amendments to code are needed to ensure that landscaping and site plans
are approved prior to land clearing even when no building permit is requested or
required, in order to prohibit land clearing in a manner that conflicts with the purpose
and intent of landscaping and site plans; and,
WHEREAS, other housekeeping amendments are required to reduce redundancy and
improve clarity in KMC Chapter 14.25.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 14.25.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.25.010 – Intent, is hereby amended as follows:
14.25.010 Intent.
(a) Site Plans. It is the intent of this chapter to provide for orderly and safe
development of the City commensurate with protecting the health, safety and welfare of
Page 13 of 31
its citizens, and to support the establishment of adequate and convenient open spaces,
light and air, in order to avoid congestion of commercial and industrial areas with
residential zones.
(b) Landscaping Plans. It is the intent of this chapter to provide for landscaping
and/or the retention of natural vegetation in conjunction with commercial, industrial
and multifamily development to enhance the community environment and visual
character and to provide attractive and functional separation, providing visual and
sound screening barriers or buffers between uses [THE GENERAL PURPOSE OF
LANDSCAPING IS TO VISUALLY ENHANCE THE CITY’S APPEARANCE, PROVIDE
ATTRACTIVE AND FUNCTIONAL SEPARATION AND SCREENING BETWEEN USES] and
reduce erosion and storm runoff.
[(C) FOR PURPOSES OF THIS CHAPTER, MULTIFAMILY DEVELOPMENT MEANS A
FOUR (4) OR MORE FAMILY DWELLING.]
Section 3. Deletion of Section 14.25.015 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.25.015 – Landscaping/Site Plan for Land Clearing, is hereby
deleted as follows:
[14.25.015 LANDSCAPING/SITE PLAN FOR LAND CLEARING.
FOR PROPERTY COVERED UNDER THIS CHAPTER, SUBMITTAL OF A
PRELIMINARY LANDSCAPING/SITE PLAN AND APPROVAL BY THE ADMINISTRATIVE
OFFICIAL IS REQUIRED PRIOR TO ANY LAND CLEARING AND/OR TREE CUTTING
WHERE SUCH REMOVAL WILL RESULT IN LESS THAN TWENTY-FIVE PERCENT (25%)
OF THE LOT AREA HAVING EXISTING TREES, SHRUBS, OR NATURAL VEGETATION
COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL.]
Section 4. Amendment of Section 14.25.020 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.25.020 – Application, is hereby Amended as follows:
14.25.020 Application.
[THIS]a. Approved Landscaping and Site Plans are required for the following [CHAPTER
SHALL APPLY TO]:
(a) All retention basins, [AND]
(b) Commercial, industrial and multifamily development, [WITHIN THE CITY OF
KENAI AND SHALL APPLY TO BOTH THE LANDSCAPING AND SITE PLANS.]
[“COMMERCIAL, INDUSTRIAL AND MULTIFAMILY DEVELOPMENT” AND “ALL
DEVELOPMENT” SHALL BE DEFINED AS ANY IMPROVEMENTS REQUIRING A
BUILDING PERMIT FOR NEW CONSTRUCTION OR ANY IMPROVEMENTS OF
TWENTY THOUSAND DOLLARS ($20,000.00) OR MORE, WHICH ADDS SQUARE
FOOTAGE, AND IS: (1) LOCATED ON PROPERTIES WITHIN THE CENTRAL
COMMERCIAL (CC), GENERAL COMMERCIAL (CG), LIMITED COMMERCIAL
(CL), HEAVY INDUSTRIAL (IH), TOWNSITE HISTORIC (TSH), LIGHT INDUSTRIAL
(IL) AND EDUCATION (ED) ZONING DISTRICTS; OR (2) A MULTIFAMILY
Page 14 of 31
DEVELOPMENT IN ANY ZONE; OR (3) A CHANGE OF USE AS REQUIRED IN
KMC 14.20.250(A). IT IS UNLAWFUL FOR ANY PERSON TO CONSTRUCT, ERECT
OR MAINTAIN ANY STRUCTURE, BUILDING, FENCE OR IMPROVEMENT,
INCLUDING LANDSCAPING, PARKING AND OTHER FACILITIES ON PROPERTY
REQUIRING A LANDSCAPE/SITE PLAN UNLESS SUCH
(c) Land clearing.
IMPROVEMENTS ARE CONSTRUCTED OR RECONSTRUCTED IN A MANNER
CONSISTENT WITH THE APPROVED PLAN.]
[PROPERTIES ZONED RESIDENTIAL (EXCEPT MULTIFAMILY DWELLINGS) ARE
EXEMPT FROM THIS CHAPTER WITH THE FOLLOWING EXCEPTION: (1)
STRUCTURES IDENTIFIED AS A COMMERCIAL OCCUPANCY IN TITLE 4 OF THE
KENAI MUNICIPAL CODE LOCATED IN RESIDENTIAL OR MIXED USE ZONES
REQUIRING A BUILDING PERMIT FOR NEW CONSTRUCTION OR ANY
IMPROVEMENTS OF TWENTY THOUSAND DOLLARS ($20,000.00) OR MORE, WHICH
ADDS SQUARE FOOTAGE OR A CHANGE OF USE AS REQUIRED IN KMC
14.20.250(A).]
Section 5. Amendment of Section 14.25.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.25.030 – Landscaping/site plan – Submittal requirements,
is hereby amended as follows:
14.25.030 Landscaping/[S]Site [P]Plan-Submittal [R]Requirements.
One copy of the landscaping/site plan (eleven inches (11″) by seventeen inches
(17″) size) shall be submitted for approval to the Administrative Official prior to the
issuance of a building permit. If approved, a zoning permit shall be issued and on file
in the Planning Department and the Building Official will be notified. The
landscaping/site plan shall be prepared at a minimum scale of one inch (1″) equals
twenty feet (20′) and shall include the following information:
(a) Scientific or common name or type of planting materials to be used in the project;
(b) Typical planting details;
(c) Location of all planting areas and relationship to buildings, parking areas and
driveways;
(d) Identification and location of existing vegetation to be retained;
(e) Identification and location of non-living landscaping materials to be used;
(f) Identification of on-site snow storage areas;
(g) Drainage patterns;
(h) Description of buildings, including building height and ground floor dimensions;
(i) Physical features of the property including location of all buildings, ingress and
egress, any unusual features of the property which may restrict development or drainage
Page 15 of 31
(j) When Stormwater Pollution Prevention Plans (SWPP) are required, a copy of the
Plan shall be provided to the City Planner.
Section 6. Amendment of Section 14.25.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.25.040 – Landscaping Plan- Performance Criteria, is hereby
amended as follows:
14.25.040 Landscaping [P]Plan—Performance [C]Criteria.
[INTENT. LANDSCAPING REQUIRED UNDER THIS SECTION IS INTENDED TO
ENHANCE THE COMMUNITY ENVIRONMENT AND VISUAL CHARACTER AND TO
PROVIDE ATTRACTIVE AND FUNCTIONAL SEPARATION TO PROVIDE VISUAL AND
SOUND SCREENING BARRIERS BETWEEN USES.]
(a) Objectives for Landscaping Plan. An effective landscaping plan should utilize a
variety of techniques for achieving the intent of this section. The appropriate placement
or retention of vegetation in sufficient amount will provide the best results. Perimeter,
interior, street right-of-way, and parking lot landscaping must be included as
components of the overall landscaping plan.
(b) Perimeter/Buffer Landscaping. Perimeter/buffer landscaping involves the land
areas adjacent to the lot lines within the property boundary. This buffer landscaping
serves to separate and minimize the impact between adjacent uses. Buffer landscaping
may be desirable along the perimeter of the property to shield vehicular or building
lights from adjacent structures and to provide a visual separation between pedestrians
and vehicles and commercial and residential uses. Landscaping adjacent to residential
zones shall have landscaping beds/buffers that meet all of the following minimum
standards:
(1) Landscaping Beds. Minimum in width equal to the setback along all
property lines, which adjoin residential zones, exclusive of driveways and other
ingress and egress openings.
(2) Screening. Developers are encouraged to maintain natural screening when
existing screening meets the intent of this chapter to shield between residential
and commercial uses. When natural screening does not exist or is lost due to
weather or disease, the following requirements must be used to meet the intent
of this chapter:
(A) Combination of shrubbery and trees; and/or
(B) Fencing. A six-foot (6′) high wood fence or masonry wall fence shall
be required only to meet screening of the developed portion of the property.
Sections of the fence must be no longer than twenty-five feet (25′). Sections
must be off-set a minimum of four feet (4′) so as not to impede the
movement of wildlife.
(3) Ground Cover. One hundred percent (100%) within three (3) years of
planting and continuous maintenance so there will be no exposed soil. Flower
beds may be considered ground cover.
Page 16 of 31
(4) Trees and/or shrubs appropriate for the climate shall be included in the
landscaping beds.
(c) Interior landscaping involves those areas of the property exclusive of the
perimeter and parking lot areas. Interior landscaping is desirable to separate uses or
activities within the overall development. Screening or visual enhancement landscaping
is recommended to accent or complement buildings, to identify and highlight entrances
to the site, and to provide for attractive driveways and streets within the site.
Landscaping may include landscaping beds, trees, and shrubs.
(d) Parking Lot Landscaping. Parking lot landscaping involves the land areas
adjacent to or within all parking lots and associated access drives. Parking lot
landscaping serves to provide visual relief between vehicle parking areas and the
remainder of the development. It also is desirable for the purpose of improving vehicular
and pedestrian circulation patterns.
(e) Street right-of-way landscaping softens the impact of land uses along street
rights-of-way, but does not obscure land uses from sight. Landscaping beds must meet
all of the following minimum standards; except where properties are adjacent to State
of Alaska rights-of-way, the Administrative Officer may approve alternatives, which meet
the intent of this section but protect landscaping from winter maintenance damage.
(1) Landscaping Beds. Minimum of ten feet (10′) in width along the entire
length of the property lines which adjoin street rights-of-way, exclusive of
driveways and other ingress and egress openings;
(2) Ground Cover. One hundred percent (100%) ground cover of the
landscaping bed within three (3) years of planting and continuous maintenance
so there will be no exposed soil;
(3) Trees and/or shrubs appropriate for the climate shall be included in the
landscaping beds.
(f) Review. The Administrative Official may consider plans for amendments if
problems arise in carrying out the landscaping/site plan as originally approved.
Section 7. Amendment of Section 14.25.080 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.25.080 – Expiration, is hereby amended as follows:
14.25.080 Expiration.
If [CONSTRUCTION OF] the project has not started within one (1) year of approval
of the landscaping/site plan, the approval may be revoked by the Administrative Official
after providing at least thirty (30) days’ notice unless extended for good cause.
Section 8. Amendment of Section 14.25.090 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.25.090 – Penalties, is hereby amended as follows:
14.25.090 Penalties.
Page 17 of 31
No person may cut trees, (other than the cutting of dead trees for firewood or fire
protection) construct, erect or maintain any structure, building, fence or improvement,
including landscaping, parking and other facilities on property requiring a
landscape/site plan unless such improvements are constructed or reconstructed in a
manner consistent with the approved plan. Penalties for noncompliance with this
chapter shall be as set forth by KMC 14.20.260.
Section 9. Amendment of Section 14.25.015 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.25.100 – Landscaping, is hereby amended and renamed as
follows:
14.25.100 Definition [—LANDSCAPING].
(a) “Land clearing” for purposes of this chapter means tree cutting or other means
of removal of trees and established vegetation, other than the cutting of dead trees for
the purpose of firewood collection or fire protection, on properties within the Central
Commercial (CC), General Commercial (CG), Limited Commercial (CL), Heavy Industrial
(IH), Townsite Historic (TSH), Light Industrial (IL), Airport Light Industrial (ALI) and
Education (ED) zoning districts.
(b) “Landscaping” means the treatment of the ground surface with live planting
materials, including but not limited to, trees, shrubs, grass, ground cover or other
growing horticultural material. Other materials such as wood chips, stone, or decorative
rock may also be utilized.
(c) “Commercial, industrial and multifamily development” and “all development” for
purposes of this Chapter means any improvements requiring a building permit for new
construction or any improvements of twenty thousand dollars ($20,000.00) or more,
which adds square footage, and is: (1) located on properties within the Central
Commercial (CC), General Commercial (CG), Limited Commercial (CL), Heavy Industrial
(IH), Townsite Historic (TSH), Light Industrial (IL), Airport Light Industrial (ALI) and
Education (ED) zoning districts; or (2) a multifamily development in any zone; or (3) a
change of use as required in KMC 14.20.250(a).
(d) “Multifamily development” for purposes of this Chapter means a four (4) or more
family dwelling.
Section 10. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part,
provision, or application.
Section 11. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
Page 18 of 31
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2017.
______________________________________
BRIAN GABRIEL, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: *, 2017
Enacted: *, 2017
Effective: *, 2017
Page 19 of 31
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03/04/2017 -
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03/08/2017 - 7:00pm
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04/05/2017 - 6:00pm
Parks and
Recreation
Commission
Meeting
04/06/2017 - 7:00pm
Harbor Commission
Meeting
04/10/2017 - 6:00pm
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Committee
04/11/2017 - 7:00pm
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Airport
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Kenai, AK 99611
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ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
MARCH 1, 2017 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be
no separate discussion of these items unless a council 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.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes
per speaker)
1. Bob McIntosh – Government and in the 21st Century – Not Just a Piece of
Paper and a Crayon.
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2941-2017 –
Increasing Appropriations in the General Land Sales Permanent Fund to
Transfer Earnings in Excess of Budgeted Amounts to the City’s General Fund.
2. ADOPTED UNANIMOUSLY. Resolution No. 2017-12 – Authorizing Award of
an Airport Advertising Concession Agreement for the Kenai Municipal Airport.
3. ADOPTED UNANIMOUSLY. Resolution No. 2017-13 – Consenting to an
Amendment Changing the Purpose Set Forth in the Lease of Certain City-
Owned Property Described as Lot 3, Block 1, Gusty Subdivision from
Restaurant to Retail Business.
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA.*Regular Meeting of February 1,
2017
Page 22 of 31
2. APPROVED BY THE CONSENT AGENDA.*Regular Meeting of February 15,
2017
F. UNFINISHED BUSINESS
1. ITEM NOT RECONSIDERED. Reconsideration of Resolution No. 2017-03
– Establishing a Sub-Committee of Council for the Purpose of Improving
Efficiency in the Supervision of the City Attorney, City Clerk and City Manager
and Approving Council Policy 2017-02 Establishing Procedures and
Responsibilities of the Sub-Committee. [Clerk’s Note: This resolution was
postponed from the January 18 and the February 1 meeting to the February
15 meeting where it was adopted as amended; Council Member Navarre
requested to reconsider at this meeting.]
2. POSTPONED INDEFINITELY. Action/Approval – Reduce the Harbor
Commission’s Meetings from Monthly to Quarterly as Recommended by the
Harbor Commission.
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be
Ratified.
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Purchase
Orders Exceeding $15,000.
3. RICK KOCH APPOINTED TO THE HARBOR COMMISSION.
Action/Approval – Mayoral Nomination and Council Confirmation to Appoint
Rick Koch to the Harbor Commission.
4. COUNCIL MEMBER MOLLOY APPOINTED TO THE SUPERVISORY SUB-
COMMITTEE. Action/Approval – Mayoral Nomination and Council
Confirmation to Appoint Councilor Molloy to the City Council Supervisory
Committee Pursuant to Policy No. 2017-02.
5. REFERRED TO PLANNING AND ZONING. Discussion – Discuss and Refer
a Draft Ordinance Amending Kenai Municipal Code Chapter 14.25-
Landscaping/Site Plan Regulations to Require Landscaping and Site Plans for
all Retention Basins, Commercial, Industrial, and Multifamily Development and
Land Clearing in Certain Zones in the City and Making Other Housekeeping
Changes to the Planning and Zoning Commission for Review and
Recommendation.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
Page 23 of 31
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
1. PROVIDED DIRECTION TO THE CITY MANAGER. Acquisition of Properties
in Support of the Buff Erosion Project. [AS 44.62.310(c)(1)(3) a matter of which
the immediate knowledge may have an adverse effect upon the finances of the
City, and a matter by which law, municipal charter, or ordinance are required
to be confidential.]
M. PENDING ITEMS – None.
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
The agenda and supporting documents are posted on the City’s website at
www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s
Office or outside the Council Chamber prior to the meeting. For additional information,
please contact the City Clerk’s Office at 907-283-8231.
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