HomeMy WebLinkAbout2017-05-24 Planning & Zoning Packet AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
May 24, 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. *May 10, 2017 .................................................................................................... 1
3. SCHEDULED PUBLIC COMMENT: None
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS: None
6. PUBLIC HEARINGS:
a. PZ17-10 - Application for a Conditional Use Permit to operate an approximately
500-square-foot Marijuana Cultivation Facility, Limited, within an existing
approximately 576 square foot detached garage; located on the property known
as 1030 Angler Drive, Kenai, AK 99611, and further described as Lot 2, James
H Cowan Subd. Application submitted by: Kathryn Staskon, 1030 Angler Dr.,
Kenai, Alaska 99611 ........................................................................................ 5
b. PZ17-12 - Application for a Conditional Use Permit to operate an airport utilizing
the current/historically use hangar facility on the property, tie downs for small
aircraft, staging, light maintenance for small aircraft (up to a Twin Otter) and
fueling; located on the property known as 2270 Royal Street, Kenai, Alaska,
99611, and further described as Tract A, Dragseth Subdivision 2016 Addition.
Application submitted by PRL Logistics, LLC, 421 W. 1st Ave., Suite 250,
Anchorage, AK 99501 .................................................................................... 90
c. PZ17-13 Application for a Conditional Use Permit to operate a private lodge in
the existing single-family residence which could be used as a bed & breakfast,
vacation rental home, hotel, and general living quarters; located on the property
known as 2270 Royal Street, Kenai, Alaska, 99611, and further described as
Tract A, Dragseth Subdivision 2016 Addition. Application submitted by PRL
Logistics, LLC, 421 W. 1st Ave., Suite 250, Anchorage, AK 99501 …………108
d. PZ17-14 - Application for a Conditional Use Permit to operate assemblies which
could consist of weddings, private parties, and other outdoor events located on
the property known as 2270 Royal Street, Kenai, Alaska, 99611, and further
described as Tract A, Dragseth Subdivision 2016 Addition. Application submitted
by PRL Logistics, LLC, 421 W. 1st Ave., Suite 250, Anchorage, AK 99501 ….116
e. PZ17-15 – Application for a Conditional Use Permit to operate professional offices
for PRL staff and contractors; located on the property known as 2270 Royal
Street, Kenai, Alaska, 99611, and further described as Tract A, Dragseth
Subdivision 2016 Addition. Application submitted by PRL Logistics, LLC, 421 W.
1st Ave., Suite 250, Anchorage, AK 99501 ……………………………………….124
f. PZ17-16 – Application for a Conditional Use Permit to operate a restaurant and
mobile concession; located on the property known as 2270 Royal Street, Kenai,
Alaska, 99611, and further described as Tract A, Dragseth Subdivision 2016
Addition. Application submitted by PRL Logistics, LLC, 421 W. 1st Ave., Suite 250,
Anchorage, AK 99501 ………………………………………………………………132
g. PZ17-19 – Application for a Conditional Use Permit to operate an airport to be
utilized for small aircraft, airship operations, cargo loading and unloading, light
maintenance for small aircraft and fueling; located on property described as a
portion of Tract B, Dragseth Subdivision 2016 Addition, and a portion of
Government Lots 9 through 15, inclusive, and a portion of the SE ¼ SE ¼ NE ¼,
Section Seven, Township 5 North, Range 11 West, Seward Meridian. Application
submitted by PRL Logistics, LLC, 421 W. 1st Ave., Suite 250, Anchorage, AK
99501 ………………………………………………………………………………..140
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS:
Discussion – Ordinance No. 2960-2017 Amending Kenai Municipal Code 14.25.015-
Landscaping/Site Plan for Land Clearing, and Kenai Municipal Code14.25.020-
Application, to Prohibit Land Clearing of More Than Twenty Percent of a Parcel
Without an Approved Landscaping/Site Plan. ……………………………………….180
9. PENDING ITEMS: None
10. REPORTS:
a. City Council .................................................................................................... 183
b. Borough Planning ................................................................................... 188
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS: None
13. NEXT MEETING ATTENDANCE NOTIFICATION: June 14, 2017
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
MAY 10 , 2017- 7:00 P.M.
COMMISSION 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
Commission Chair Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Commissioners present: R. Springer, K. Peterson, G. Greenberg, V. Askin, D. Fikes, J.
Twait
Staff/Council Liaison present: City Planner M. Kelley, Planning Assistant W. Anderson, Deputy
City 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 Fikes SECONDED
the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda; Commissioner Askin
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 – J. Halstead.
2. *APPROVAL OF MINUTES: April 26, 2017
Planning and Zoning Commission Meeting
May 10, 2017
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. PZ17-11 - Original Preliminary plat of Soares Subdivision, submitted by Johnson
Surveying, P.O. Box 27, Clam Gulch, AK 99568 on behalf of Frank and Sherian Soares,
1025 2nd St., Kenai, AK 99611
City Planner Kelley reviewed his staff report provided in the packet noting the plat reconfigured
the lots within the subdivision to allow for the construction of a home without water sewer lines
crossing a vacant lot and recommended the permit be approved with the following conditions:
• Further development must comply with all Federal State, and local regulations;
• Signature lines and notary acknowledgements should be added to the plat for the
signatures of Frank and Sharian Soares; and Ernest H. and Rhonda L. Hunt;
• Notations should be added to the plat to indicate that the rights-of-way for East Aliak
Drive and Cinderella Street are being dedicated by the plat;
• The utility easements as referenced in the plat notes should be delineated on the
plat;
• Remove solid lines encompassing the notation,”50’ BLM ROW easement,” from the
plat, as it appears that this would not be a property line. The Northern property line
of proposed lot 13A should be shown along the Southern dashed line of the fifty foot
(50’) BLM right-of-way easement;
• Parcel Two is included in the plat and should be labeled accordingly (i.e. Lot 13B);
• The Certificate of Survey block should be added to the plat;
• The name of Cinderella Lane should be changed to Cinderella Street;
• A building permit will not be issued until such time as the plat is recorded vacating
the property lines between Parcel One and Two;
• A water and sewer permit will not be issued until such time as the plat is recorded
vacating the property lines between Parcel One and Parcel Two.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ17-11 and Commissioner
Peterson SECONDED the motion.
Commission Chair Twait opened the public hearing.
Gerry Johnson, surveyor, noted the rights-of-way had been reserved by BLM and were proposed
to be 50-feet; disagreed that the Hunts needed to sign as he believed there were no rights-of-way
issues.
There being no one else wishing to speak, public hearing was closed.
It was clarified that it appeared the adjacent home was within setbacks and if the house predated
Planning and Zoning Commission Meeting
May 10, 2017
Page 3
code it could be considered pre-existing non-conforming and would not be able to be expanded.
Further clarified that any sheds on the lot line would be a civil matter to be addressed by property
owners.
MOTION TO AMEND:
Commissioner Peterson MOVED to amend by deleting, “and Earnest H. and Rhonda L. Hunt,”
from item b of the recommendations and Commissioner Peterson SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Springer, Peterson, Greenberg, Askin, Twait, Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
MOTION TO AMEND :
Commissioner Greenberg MOVED to amend by combining the 30-foot right-of-way and the 20-
foot easement and creating a 50-foot right-of-way and Commissioner Springer SECONDED the
motion.
Staff clarified that his recommendation, “e,” accomplished the same thing.
The motion was withdrawn.
VOTE ON THE MAIN MOTION:
YEA: Springer, Peterson, Greenberg, Askin, Twait, Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS: None.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. Authorizing the City Planner to draft and send a letter to the Kenai Peninsula Borough
supporting a request by the developers of Kee’s Tern Subdivision for a two- year time
extension.
Planner M. Kelley noted there wasn’t a process in code for time extensions so brought it to the
Commission as an approval item to bring it to the Commission’s attention.
MOTION:
Commissioner Peterson MOVED to authorize the City Planner to draft and send a letter to the
Planning and Zoning Commission Meeting
May 10, 2017
Page 4
Kenai Peninsula Borough supporting a request by the developers of Kee’s Tern Subdivision for a
two- year time extension and Commissioner Fikes SECONDED the motion.
VOTE:
YEA: Springer, Peterson, Greenberg, Askin, Twait, Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Glendening reviewed the Action Agenda of the May 3 City
Council meeting which was provided in the packet.
b. Borough Planning – Borough Planning Commissioner Glendening reviewed actions from
the May 8 meeting.
c. Administration – City Planner M. Kelley reported his office was busy with applications for
summer construction; intended to look into introduction of a sign ordinance; work ongoing
with the landscape site plan ordinance.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: May 24, 2017
Commissioner Peterson noted he would be absent.
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Askin noted she was excited to learn that the theater and adjacent building had
been sold and was looking forward to its future.
Commissioner Greenberg echoed Commissioner Askin’s comments.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 7:44 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy City Clerk
STAFF REPORT
To: Planning & Zoning Commission
Date: May 24, 2017 Res: PZ17-10
GENERAL INFORMATION
Applicant: Kathryn Staskon
1030 Angler Drive
Kenai, AK 99611
Requested Action: Application for a Conditional Use Permit to operate an
approximately 500-square-foot Marijuana Cultivation
Facility, Limited, within an existing approximately 576-
square-foot detached garage.
Legal Description: Lot 2, James H Cowan Subdivision
Street Address: 1030 Angler Drive
KPB Parcel No.: 04939054
Existing Zoning: RR – Rural Residential
Land Use Plan: Low Density Residential
Current Land Use: Single-Family Residential
ANALYSIS
General Information:
This is an application for the operation a Commercial Marijuana Establishment (CME)
consisting of an approximately 500-square-foot Marijuana Cultivation Facility, Limited.
The proposed CME would be located within an existing approximately 576-square-foot
detached garage, located on an approximately 1.49-acre parcel. The subject parcel is
bound by Angler Drive to the North and East with undeveloped property to the West
extending to Beaver Loop Road.
The subject parcel is accessed via Angler Drive, which is a City of Kenai maintained
local road. The subject parcel is served by a private well and septic system which has
been approved by the State of Alaska, Department of Environmental Conservation
(DEC).
The subject parcel is developed with an existing approximately 2,040-square-foot single-
family two-story log style residence which was built in 1997. The subject parcel is also
developed with an existing approximately 576-square-foot detached garage.
PZ17-10 Staff Report
Page 2
KMC 14.20.150(d) details the intent and application process for conditional uses. The
code also specifies the review criteria that must be satisfied prior to issue the permit.
The criteria are:
(1) The use is consistent with the purpose of this chapter and the purposes and intent of
the zoning district;
The subject parcel is zoned Rural Residential (RR), and is therefore subject to the
Principal Permitted and Conditional land-uses as shown on KMC 14.22.010 - Land
Use Table. Pursuant to Ordinance, 2870-2016 as approved by the Council of the
City of Kenai on January 20, 2016, which became effective on February 19, 2016, a
Marijuana Cultivation Facility, Limited may be established and operated under a
Conditional Use Permit within the Rural Residential Zone. The Rural Residential
Zone, as outlined in KMC 14.20.080 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.
On October 10, 1997, the City issued Building Permit Number B-3455 for the subject
garage. According to the Building Permit File, the subject garage only had the
foundation inspected by the Building Official on October 17, 1997. Pursuant to the
Building Permit, Permit Number B-3455 expired 6 months after it was issued due
there not being any subsequent inspections. Therefore, the subject garage will need
to be inspected by the Building Official prior to operation of the CME and a new
Building Permit will need to be issued. Furthermore, when the garage foundation
was installed, it was placed on the side property line where it required a setback of
15 feet. Therefore, the subject garage does not meet the setback requirements
established in KMC Table 14.24.020 for the Rural Residential Zone. According to
the applicants, they recorded a Private Access Easement for Ingress, Egress, and
Garage Encroachment (Document Number: 2016-002955-0). The easement allows
access to the garage via a residential driveway, which crosses on to the neighbor’s
property for a distance of 25 feet. However, because the garage was placed on the
subject side property line it does not comply with Kenai Municipal Code and
therefore an Encroachment Permit, pursuant to KMC 14.20.185 will need to be
approved prior to operation of the proposed CME.
Pursuant to KMC 14.22.010 – Land Use Table, a Marijuana Cultivation Facility,
Limited is allowed as a Conditional Use within the Rural Residential Zoning District.
As discussed above, the applicant has applied for a Conditional Use Permit to
establish and operate a Marijuana Cultivation Facility, Limited, within an existing
approximately 576-square-foot detached garage on the subject parcel. Pursuant to
the submitted floor plan, the Marijuana Cultivation Facility would be divided into two
areas. One area would contain flowering, growing and cultivation area. Marijuana
plants would be stacked on shelving within each stage of growth. The second area
would consist of area used for drying and trimming the Marijuana buds and then
work spaces for packaging and loading. The existing garage door would be removed
and framed in with a new wall and the existing man-door would be replaced with a
heavy-duty security door.
Pursuant to KMC 14.20.330(i) an applicant can apply for a Conditional Use Permit
for a CME, Limited on any sized parcel which is zoned Rural Residential provided
that it meets the appropriate buffer requirements. Pursuant to KMC 14.20.330f)
provides that no portion of a CME can be located within the following buffer
distances:
PZ17-10 Staff Report
Page 3
(1) 1,000 feet of any primary and secondary schools (K-12) and 500 feet of any
vocational programs, post-secondary schools including but not limited to trade,
technical, or vocational schools, colleges and universities, recreation or youth centers,
correctional facilities, churches, and state licensed substance abuse treatment
facilities providing substance abuse treatment; and,
(2) Buffer distances shall be measured as the closest distance from the perimeter of
a stand-alone commercial marijuana establishment structure to the outer boundaries
of the school, recreation or youth center, or the main public entrance of a church,
correctional facility, or a substance abuse treatment facility providing substance abuse
treatment. If the commercial marijuana establishment occupies only a portion of a
structure, buffer distances are measured as the closest distance from the perimeter of
the closest interior wall segregating the commercial marijuana establishment from
other uses, or available uses in the structure, or an exterior wall if closer, to the outer
boundaries of the school, recreation or youth center, or the main public entrance of a
church or correctional facility, a substance abuse treatment facility providing substance
abuse treatment.
In reviewing the submitted application and the City’s Geographic Information System,
it does not appear that there are any facilities, which would require buffering from the
proposed CME.
Angler Drive is comprised of a variety of residential and commercial type uses. Uses
include; Guide Services, Bed and Breakfasts, Lodges, Private Recreational Vehicle
Park, Cabin Rentals and single-family residences. Pursuant to the RR Zone, many
of the commercial type uses are governed by Conditional Use Permits. The purpose
of the Conditional Use Permit pursuant to KMC 14.20.150 is …”intended to allow
flexibility in the consideration of the impact of the proposed use on surrounding
property and the application of controls and safeguards to assure the proposed use
will be compatible with the surroundings.”
Angler Drive is classified by the City of Kenai Public Works Department and the
State of Alaska Department of Transportation and Public Facilities as a Local Road.
A Local Road is defined as “Roads that provide access to homes, business, and
other property.” Pursuant to the submitted site plan, primary access to the subject
Commercial Marijuana Establishment (CME) would be from Angler Drive, via the
existing single-family residential driveway. According to the submitted application,
the applicants do not intend to construct any signs or otherwise advertise the subject
CME in anyway. Therefore, the average person passing by the subject parcel would
not be able to identify the CME as being located on the property.
Therefore, given the above discussion within the context of the proposed land-use
project, it seems reasonable that the proposed Commercial Marijuana Establishment
would be consistent with the intent of KMC 14.20.150 and the intent of the Rural
Residential Zoning District with respect to the proposed use as a CME, given
compliance with staff recommended specific conditions.
PZ17-10 Staff Report
Page 4
(2) 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
14.20.330 – Standards for Commercial Marijuana Establishments. In addition, the
proposed development must also be in compliance with Alaska Statue 17.38, an Act
to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska
Administrative Code – Title 3 – Marijuana Control Board – Omnibus licensure
requirements and procedures for marijuana establishments.
Pursuant to KMC 14.20.010 – Land Use Table, a Marijuana Cultivation Facility,
Limited may be established in the Rural Residential Zone with a Conditional Use
Permit. In addition, pursuant to KMC 14.20.330 – Standards for Commercial
Marijuana Establishments, provisions have been put in place to help mitigate impacts
to the value of adjoining property and the surrounding neighborhood.
As reviewed by staff, the proposed CME would be contained within a fully enclosed
secure indoor facility as required by KMC 14.20.330(d), thereby, helping to mitigate
the potential impact to surrounding property owners. In addition, pursuant to KMC
14.20.330(e) all CME’s shall not emit an odor that is detectable by the public from
outside the CME. Pursuant to the submitted supplemental application materials,
under Odor the applicant has indicated that they will implement an Odor Control
Plan. The Odor Control Plan will consist of carbon filters and use of negative air
pressure. Pursuant to the submitted application materials, the use of negative air
pressure in combination with charcoal filters results in a clean, fresh smell, which
neutralizes odors that would be detectable by the public from outside the CME.
Concerning visual impacts and auditory impacts of the proposed CME, pursuant to
the submitted application materials, the applicants would have a secure Cultivation
Facility. They propose to remove the existing garage door and frame in the opening
using conventional construction. The existing man-door, which is located on the
eastern side of the existing detached garage, would be changed to a heavy-duty
steel door to prevent unauthorized access. Access to the proposed CME would only
be allowed by those persons who are 21 years of age or older. There would be no
other proposed exterior modifications to the subject garage.
Pursuant to Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale,
and Use of marijuana as well as Alaska Administrative Code – Title 3 – Marijuana
Control Board – Omnibus licensure requirements and procedures for marijuana
establishments an appropriate license for a Marijuana Establishment will have to be
issued by the State of Alaska Marijuana Control Board. Staff therefore recommends
that a condition be added to require that prior to operation of the CME, a copy of the
approved appropriate license be furnished to the City of Kenai.
Therefore, provided that all conditions recommended by staff and the Planning and
Zoning Commission are followed, staff believes that the value of the adjoining
property and neighborhood will not be significantly impaired.
PZ17-10 Staff Report
Page 5
(3) The proposed use is in harmony with the Comprehensive Plan;
The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Low
Density Residential (LDR). The plan defines LDR as “Low Density Residential
because of poor site conditions is intended for large-lot single-family residential
development. The area will typically be developed with individual on-site water
supply and wastewater disposal systems. Streets will typically be constructed to
rural street standards (i.e., gravel) and sidewalks will not be typically included in the
subdivision design. Rural Residential becomes Low Density Residential to avoid
confusion with zoning category.”
The area of Angler Drive is comprised of both single-family residences and
commercial businesses. A large number of the parcels along the river portion of
Angler Drive have been developed with lodges, guide services, and rental cabins,
which were built in the 1980’s and 1990’s and are operated under a Conditional Use
Permit. These lodges seek to serve the recreation use of the Kenai River and
operate primarily during the summer months. In addition, a number of the lodges
contain living quarters or single-family residences, which are occupied by their
owners.
Goal 3 – Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss
land use strategies to implement a forward-looking approach to community growth
and development. Objective LU-1 states “Establish siting and design standards so
that development is in harmony and scale with surrounding uses.” The applicants
have stated that they do not plan to enlarge the existing detached garage nor make
any additional improvements to the structure other than closing in the garage door
opening. Pursuant to KMC 14.20.330(d) the growing, preparation and packaging of
all marijuana will be conducted in a fully enclosed secure indoor facility. Thus, there
will be no anticipated evidence that surrounding neighbors will view the proposed
operation of the CME. Therefore, the proposed development would be in harmony
with the 2030 Imagine Kenai Comprehensive Plan.
(4) Public services and facilities are adequate to serve the propose use;
The subject property is served by a private onsite water well and septic system.
Water used in the proposed CME would be collected and reused; therefore, there
would not be any water runoff from the proposed CME. Any wastewater, which was
not reused, would be voided into the existing onsite septic system. City of Kenai
police and fire department resources are sufficient to serve the proposed use.
(5) The proposed use will not be harmful to the public safety, health, or welfare;
The proposed use is to establish and operate a Commercial Marijuana
Establishment consisting of an approximately an approximately 500-square-foot
Marijuana Cultivation Facility, Limited. The proposed CME would be located within
an existing approximately 576-square-foot detached garage, located on an
approximately 1.49-acre parcel. Pursuant to the submitted application, the CME
would not emit an odor that is detectable by the public from outside the CME
pursuant to KMC 14.20.330(d). The CME would also require the approval and
issuance of a Limited Marijuana Cultivation Facility license from the State of Alaska
Marijuana Control Board.
PZ17-10 Staff Report
Page 6
The license is subject to the provisions found in Alaska Statue 17.38, an Act to Tax
and Regulate the Production, Sale, and Use of marijuana as well as Alaska
Administrative Code – Title 3 – Marijuana Control Board – Omnibus licensure
requirements and procedures for marijuana establishments.
With regards to buffer distances as discussed in KMC 14.20.330(f)(1), the proposed
CME would not be located within 1,000 feet of any primary and secondary school (K-
12) or within 500 feet of any vocational program, post-secondary school including but
not limited to trade, technical, or vocational schools, college and universities. In
addition, it would not be within 500 feet of any, recreation or youth centers,
correctional facilities, churches, and state licensed substance abuse treatment
facilities providing substance abuse treatment. Therefore, the proposed CME meets
the buffer requirements of KMC 14.20.330(f)(1).
Therefore, giving the above discussion and proposed conditions of approval, staff
believes that they proposed Commercial Marijuana Establishment, consisting of an
approximately 500-square-foot Marijuana Cultivation Facility, Limited would not have
a harmful impact to the public safety, health or welfare, provided that all conditions
recommended by staff and the Planning and Zoning Commission are followed.
(6) 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.
1. Further development of the property shall conform to all Federal, State, and local
regulations.
2. A building permit will be required for the construction of the Commercial
Marijuana Establishment as shown on the submitted floor plan and to recognize
the construction of the existing detached garage.
3. Prior to operation of the Marijuana Cultivation Facility, Limited an Encroachment
Permit for the existing detached garage will need to be reviewed and approved
by the Planning Commission.
4. Prior to operation of the Marijuana Cultivation Facility, Limited, the property
owner shall submit a copy of the approved and fully executed license for the
Marijuana Cultivation Facility, Limited. The applicant shall comply with all
regulations as stipulated by the State of Alaska Marijuana Control Board.
5. There are to be no signs placed on the subject parcel or on the subject
Commercial Marijuana Establishment, which advertise its use on the property.
6. All security lighting for the Commercial Marijuana shall be downcast and
shielded.
7. Pursuant to Kenai Municipal Code Section 14.20.330(e), the Commercial
Marijuana Establishment shall not emit an odor that is detectable by the public
from outside the Commercial Marijuana Establishment.
8. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall
submit an Annual Report to the City of Kenai.
PZ17-10 Staff Report
Page 7
RECOMMENDATIONS
Based on the application and a review of the criteria required to approve the permit, it is
the recommendation of staff that the proposed Conditional Use Permit for the
establishment and operation of a Commercial Marijuana Establishment consisting of a
Marijuana Cultivation Facility, Limited be approved, subject to the following conditions:
The issuance of the Conditional Use Permit shall be conditioned upon the following:
1. Further development of the property shall conform to all Federal, State, and local
regulations.
2. A building permit will be required for the construction of the Commercial
Marijuana Establishment as shown on the submitted floor plan and to recognize
the construction of the existing detached garage.
3. Prior to operation of the Marijuana Cultivation Facility, Limited, an Encroachment
Permit for the existing detached garage will need to be reviewed and approved
by the Planning Commission.
4. Prior to operation of the Marijuana Cultivation Facility, Limited, the property
owner shall submit a copy of the approved and fully executed license for the
Marijuana Cultivation Facility, Limited. The applicant shall comply with all
regulations as stipulated by the State of Alaska Marijuana Control Board.
5. There are to be no signs placed on the subject parcel or on the subject
Commercial Marijuana Establishment, which advertise its use on the property.
6. All security lighting for the Commercial Marijuana shall be downcast and
shielded.
7. Pursuant to Kenai Municipal Code Section 14.20.330(e), the Commercial
Marijuana Establishment shall not emit an odor that is detectable by the public
from outside the Commercial Marijuana Establishment.
8. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall
submit an Annual Report to the City of Kenai.
ATTACHMENTS:
1. Resolution No. PZ17-10
2. Site Plan
3. Maps
4. Application
5. Supplemental Application Information
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-10
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE AN
APPROXIMATELY 500-SQUARE-FOOT MARIJUANA CULTIVATION FACILITY, LIMITED,
WITHIN AN EXISTING APPROXIMATELY 576-SQUARE-FOOT DETACHED GARAGE.
APPLICANT: Kathryn Staskon
PROPERTY ADDRESS: 1030 Angler Drive, Kenai, AK 99611
LEGAL DESCRIPTION: Lot 2, James H Cowan Subdivision
KENAI PENINSULA BOROUGH PARCEL NO: 04939054
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on April 10, 2017; and,
WHEREAS, the application affects land which is zoned as Rural Residential (RR); 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 May 24, 2017; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met; and,
WHEREAS, Kenai Municipal Code 14.20.150 details the intent and application process for
conditional uses and specifies the review criteria that must be satisfied prior to issuing the
permit, which are the following:
(1) The use is consistent with the purpose of this chapter and the purposes and intent of the
zoning district.
The subject parcel is zoned Rural Residential (RR), and is therefore subject to the Principal
Permitted and Conditional land-uses as shown on KMC 14.22.010 - Land Use Table.
Pursuant to Ordinance, 2870-2016 as approved by the Council of the City of Kenai on
January 20, 2016, which became effective on February 19, 2016, a Marijuana Cultivation
Facility, Limited may be established and operated under a Conditional Use Permit within
the Rural Residential Zone. The Rural Residential Zone, as outlined in KMC 14.20.080 is
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
Resolution No. PZ17-10 Conditional Use Permit
Page | 2
intended to provide for low-density residential development in outlying and rural areas in a
form, which creates a stable and attractive residential environment.
On October 10, 1997, the City issued Building Permit Number B-3455 for the subject
garage. According to the Building Permit File, the subject garage only had the foundation
inspected by the Building Official on October 17, 1997. Pursuant to the Building Permit,
Permit Number B-3455 expired 6 months after it was issued due there not being any
subsequent inspections. Therefore, the subject garage will need to be inspected by the
Building Official prior to operation of the CME and a new Building Permit will need to be
issued. Furthermore, when the garage foundation was installed, it was placed on the side
property line where it required a setback of 15 feet. Therefore, the subject garage does not
meet the setback requirements established in KMC Table 14.24.020 for the Rural
Residential Zone. According to the applicants, they recorded a Private Access Easement
for Ingress, Egress, and Garage Encroachment (Document Number: 2016-002955-0). The
easement allows access to the garage via a residential driveway, which crosses on to the
neighbor’s property for a distance of 25 feet. However, because the garage was placed on
the subject side property line it does not comply with Kenai Municipal Code and therefore
an Encroachment Permit, pursuant to KMC 14.20.185 will need to be approved prior to
operation of the proposed CME.
Pursuant to KMC 14.22.010 – Land Use Table, a Marijuana Cultivation Facility, Limited is
allowed as a Conditional Use within the Rural Residential Zoning District. As discussed
above, the applicant has applied for a Conditional Use Permit to establish and operate a
Marijuana Cultivation Facility, Limited, within an existing approximately 576-square-foot
detached garage on the subject parcel. Pursuant to the submitted floor plan, the Marijuana
Cultivation Facility would be divided into two areas. One area would contain flowering,
growing and cultivation area. Marijuana plants would be stacked on shelving within each
stage of growth. The second area would consist of area used for drying and trimming the
Marijuana buds and then work spaces for packaging and loading. The existing garage door
would be removed and framed in with a new wall and the existing man-door would be
replaced with a heavy-duty security door.
Pursuant to KMC 14.20.330(i) an applicant can apply for a Conditional Use Permit for a
CME, Limited on any sized parcel which is zoned Rural Residential provided that it meets
the appropriate buffer requirements. Pursuant to KMC 14.20.330f) provides that no portion
of a CME can be located within the following buffer distances:
(1) 1,000 feet of any primary and secondary schools (K-12) and 500 feet of any vocational
programs, post-secondary schools including but not limited to trade, technical, or vocational
schools, colleges and universities, recreation or youth centers, correctional facilities,
churches, and state licensed substance abuse treatment facilities providing substance abuse
treatment; and,
(2) Buffer distances shall be measured as the closest distance from the perimeter of a stand-
alone commercial marijuana establishment structure to the outer boundaries of the school,
recreation or youth center, or the main public entrance of a church, correctional facility, or a
substance abuse treatment facility providing substance abuse treatment.
Resolution No. PZ17-10 Conditional Use Permit
Page | 3
If the commercial marijuana establishment occupies only a portion of a structure, buffer
distances are measured as the closest distance from the perimeter of the closest interior wall
segregating the commercial marijuana establishment from other uses, or available uses in the
structure, or an exterior wall if closer, to the outer boundaries of the school, recreation or youth
center, or the main public entrance of a church or correctional facility, a substance abuse
treatment facility providing substance abuse treatment.
In reviewing the submitted application and the City’s Geographic Information System, it
does not appear that there are any facilities, which would require buffering from the
proposed CME.
Angler Drive is comprised of a variety of residential and commercial type uses. Uses
include; Guide Services, Bed and Breakfasts, Lodges, Private Recreational Vehicle Park,
Cabin Rentals and single-family residences. Pursuant to the RR Zone, many of the
commercial type uses are governed by Conditional Use Permits. The purpose of the
Conditional Use Permit pursuant to KMC 14.20.150 is …”intended to allow flexibility in the
consideration of the impact of the proposed use on surrounding property and the
application of controls and safeguards to assure the proposed use will be compatible with
the surroundings.”
Angler Drive is classified by the City of Kenai Public Works Department and the State of
Alaska Department of Transportation and Public Facilities as a Local Road. A Local Road
is defined as “Roads that provide access to homes, business, and other property.”
Pursuant to the submitted site plan, primary access to the subject Commercial Marijuana
Establishment (CME) would be from Angler Drive, via the existing single-family residential
driveway. According to the submitted application, the applicants do not intend to construct
any signs or otherwise advertise the subject CME in anyway. Therefore, the average
person passing by the subject parcel would not be able to identify the CME as being
located on the property.
Therefore, given the above discussion within the context of the proposed land-use project,
it seems reasonable that the proposed Commercial Marijuana Establishment would be
consistent with the intent of KMC 14.20.150 and the intent of the Rural Residential Zoning
District with respect to the proposed use as a CME, given compliance with staff
recommended specific conditions.
(2) 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
14.20.330 – Standards for Commercial Marijuana Establishments. In addition, the proposed
development must also be in compliance with Alaska Statue 17.38, an Act to Tax and
Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative
Code – Title 3 – Marijuana Control Board – Omnibus licensure requirements and
procedures for marijuana establishments.
Pursuant to KMC 14.20.010 – Land Use Table, a Marijuana Cultivation Facility, Limited
may be established in the Rural Residential Zone with a Conditional Use Permit. In
addition, pursuant to KMC 14.20.330 – Standards for Commercial Marijuana
Establishments, provisions have been put in place to help mitigate impacts to the value of
adjoining property and the surrounding neighborhood.
Resolution No. PZ17-10 Conditional Use Permit
Page | 4
As reviewed by staff, the proposed CME would be contained within a fully enclosed secure
indoor facility as required by KMC 14.20.330(d), thereby, helping to mitigate the potential
impact to surrounding property owners. In addition, pursuant to KMC 14.20.330(e) all
CME’s shall not emit an odor that is detectable by the public from outside the CME.
Pursuant to the submitted supplemental application materials, under Odor the applicant has
indicated that they will implement an Odor Control Plan. The Odor Control Plan will consist
of carbon filters and use of negative air pressure. Pursuant to the submitted application
materials, the use of negative air pressure in combination with charcoal filters results in a
clean, fresh smell, which neutralizes odors that would be detectable by the public from
outside the CME.
Concerning visual impacts and auditory impacts of the proposed CME, pursuant to the
submitted application materials, the applicants would have a secure Cultivation Facility.
They propose to remove the existing garage door and frame in the opening using
conventional construction. The existing man-door, which is located on the eastern side of
the existing detached garage, would be changed to a heavy-duty steel door to prevent
unauthorized access. Access to the proposed CME would only be allowed by those
persons who are 21 years of age or older. There would be no other proposed exterior
modifications to the subject garage.
Pursuant to Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and
Use of marijuana as well as Alaska Administrative Code – Title 3 – Marijuana Control
Board – Omnibus licensure requirements and procedures for marijuana establishments an
appropriate license for a Marijuana Establishment will have to be issued by the State of
Alaska Marijuana Control Board. Staff therefore recommends that a condition be added to
require that prior to operation of the CME, a copy of the approved appropriate license be
furnished to the City of Kenai.
Therefore, provided that all conditions recommended by staff and the Planning and
Zoning Commission are followed, staff believes that the value of the adjoining property
and neighborhood will not be significantly impaired.
(3) The proposed use is in harmony with the Comprehensive Plan.
The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Low
Density Residential (LDR). The plan defines LDR as “Low Density Residential because of
poor site conditions is intended for large-lot single-family residential development. The
area will typically be developed with individual on-site water supply and wastewater
disposal systems. Streets will typically be constructed to rural street standards (i.e., gravel)
and sidewalks will not be typically included in the subdivision design. Rural Residential
becomes Low Density Residential to avoid confusion with zoning category.”
The area of Angler Drive is comprised of both single-family residences and commercial
businesses. A large number of the parcels along the river portion of Angler Drive have
been developed with lodges, guide services, and rental cabins, which were built in the
1980’s and 1990’s and are operated under a Conditional Use Permit. These lodges seek
to serve the recreation use of the Kenai River and operate primarily during the summer
months. In addition, a number of the lodges contain living quarters or single-family
residences, which are occupied by their owners.
Resolution No. PZ17-10 Conditional Use Permit
Page | 5
Goal 3 – Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss land
use strategies to implement a forward-looking approach to community growth and
development. Objective LU-1 states “Establish siting and design standards so that
development is in harmony and scale with surrounding uses.” The applicants have stated
that they do not plan to enlarge the existing detached garage nor make any additional
improvements to the structure other than closing in the garage door opening. Pursuant to
KMC 14.20.330(d) the growing, preparation and packaging of all marijuana will be
conducted in a fully enclosed secure indoor facility. Thus, there will be no anticipated
evidence that surrounding neighbors will view the proposed operation of the CME.
Therefore, the proposed development would be in harmony with the 2030 Imagine Kenai
Comprehensive Plan.
(4) Public services and facilities are adequate to serve the proposed use.
The subject property is served by a private onsite water well and septic system. Water
used in the proposed CME would be collected and reused; therefore, there would not be
any water runoff from the proposed CME. Any wastewater, which was not reused, would
be voided into the existing onsite septic system. City of Kenai police and fire department
resources are sufficient to serve the proposed use.
(5) The proposed use will not be harmful to the public safety, health or welfare.
The proposed use is to establish and operate a Commercial Marijuana Establishment
consisting of an approximately an approximately 500-square-foot Marijuana Cultivation
Facility, Limited. The proposed CME would be located within an existing approximately
576-square-foot detached garage, located on an approximately 1.49-acre parcel. Pursuant
to the submitted application, the CME would not emit an odor that is detectable by the
public from outside the CME pursuant to KMC 14.20.330(d). The CME would also require
the approval and issuance of a Limited Marijuana Cultivation Facility license from the State
of Alaska Marijuana Control Board.
The license is subject to the provisions found in Alaska Statue 17.38, an Act to Tax and
Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative
Code – Title 3 – Marijuana Control Board – Omnibus licensure requirements and
procedures for marijuana establishments.
With regards to buffer distances as discussed in KMC 14.20.330(f)(1), the proposed CME
would not be located within 1,000 feet of any primary and secondary school (K-12) or within
500 feet of any vocational program, post-secondary school including but not limited to
trade, technical, or vocational schools, college and universities. In addition, it would not be
within 500 feet of any, recreation or youth centers, correctional facilities, churches, and
state licensed substance abuse treatment facilities providing substance abuse treatment.
Therefore, the proposed CME meets the buffer requirements of KMC 14.20.330(f)(1).
Therefore, giving the above discussion and proposed conditions of approval, staff believes
that they proposed Commercial Marijuana Establishment, consisting of an approximately
500-square-foot Marijuana Cultivation Facility, Limited would not have a harmful impact to
the public safety, health or welfare, provided that all conditions recommended by staff and
the Planning and Zoning Commission are followed.
Resolution No. PZ17-10 Conditional Use Permit
Page | 6
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. A building permit will be required for the construction of the Commercial Marijuana
Establishment as shown on the submitted floor plan and to recognize the construction of
the existing detached garage.
3. Prior to operation of the Marijuana Cultivation Facility, Limited an Encroachment Permit for
the existing detached garage will need to be reviewed and approved by the Planning
Commission.
4. Prior to operation of the Marijuana Cultivation Facility, Limited, the property owner shall
submit a copy of the approved and fully executed license for the Retail Marijuana Store and
the Marijuana Cultivation Facility, Limited. The applicant shall comply with all regulations
as stipulated by the State of Alaska Marijuana Control Board.
5. There are to be no signs placed on the subject parcel or on the subject Commercial
Marijuana Establishment, which advertise its use on the property.
6. All security lighting for the Commercial Marijuana shall be downcast and shielded.
7. Pursuant to Kenai Municipal Code Section 14.20.330(e), the Commercial Marijuana
Establishment shall not emit an odor that is detectable by the public from outside the
Commercial Marijuana Establishment.
8. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant 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 OPERATION OF AN APPROXIMATELY 500-SQUARE- FOOT MARIJUANA
CULTIVATION FACILITY, LIMITED, WITHIN AN EXISTING APPROXIMATELY 576-SQUARE-
FOOT DETACHED GARAGE 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 24th day of May, 2017.
___________________________
ATTEST: JEFF TWAIT, CHAIRPERSON
_______________________________________
Jamie Heinz, Acting City Clerk
BEAVER CREEK
ESTATES
PART THREEJAMES H. COWAN ESTATESPART FOURMICHAEL J PELCHHOMESTEAD
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The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assum es no responsibility for errors on this map.
1 inch e quals 16 7 feet
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STAFF REPORT
To: Planning & Zoning Commission
Date: May 24, 2017 Res: PZ17-12, 17-13, 17-14, 17-15, 17-16, 17-19
GENERAL INFORMATION
Applicant: Pacific Rim Logistics, Inc. (PRL)
421 W. 1st Avenue, Suite 250
Anchorage, AK 99501
Property Owner City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Requested Action: Application for a Conditional Use Permit to operate an
Airport; Lodge, Assemblies; Professional Office, and
Restaurant within an existing approximately 7,308-square-
foot single-family residence, approximately 1,280-square-
foot detached garage and an approximately 2,250-square-
foot detached aircraft hangar and use of an existing
Airstrip for a limited use Airport.
Legal Description: Tract A and a portion of Tract B, Dragseth Subdivision and
a portion of Government Lots 9-15, inclusive, and a portion
of the SE ¼, SE ¼, NE ¼, Section 7, T5N, R11W
Street Address: 2270 Royal Street
KPB Parcel No.: 0491027, 0491028, 04910051
Existing Zoning: RR – Rural Residential, IH – Heavy Industrial
Land Use Plan: Low Density Residential and Parks Recreation and Open
Space
Current Land Use: Single-Family Residential and Vacant
Analysis
General Information:
This is an application for six (6) Conditional Use Permits to convert an existing
approximately 7,308-square-foot single-family residence, approximately 1,280-square-
foot detached garage and an approximately 2,250-square-foot detached aircraft hangar
to a proposed private Lodge, Professional Office and a private use Airport. The private
limited use Airport as proposed would utilize an existing airstrip located on an adjacent
parcel for landing and take-off of fixed-wing and airship type aircraft.
PZ17-12, PZ17-13, PZ17-14, PZ17-15, PZ17-16, PZ17-19 Staff Report
Page 2
Associated uses as proposed would also include use of the facility as a private
restaurant and private event center.
The existing single-family residence with associated detached garage and aircraft
hangar is located on an approximately 6.3 acre parcel, which is located on Royal Street
north of Old Cannery Road. Royal Street binds the subject parcel to the north, east, and
Cook Inlet to the west. The subject parcel is served by a private well and septic system.
The existing airstrip is located north of the residence across Royal Street running in a
northeast direction and is approximately 1,900 feet long by approximately 50 feet wide.
The airstrip is located on a portion of Tract B, Dragseth Subdivision and a portion of
Government Lots 9-15, inclusive, and a portion of the SE ¼, SE ¼, NE ¼, Section 7,
T5N, R11W.
KMC 14.20.150(d) details the intent and application process for conditional uses. The
code also specifies the review criteria that must be satisfied prior to issue the permit.
The criteria are:
(1) The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
The subject parcels are zoned Rural Residential (RR) and Heavy Industrial (IH),
and are therefore subject to the Principal Permitted and Conditional land-uses as
shown on KMC 14.22.010 - Land Use Table. Pursuant to the submitted application,
the applicant has requested to convert the existing approximately 7,308-square-foot
single-family residence, approximately 1,280-square-foot detached garage and an
approximately 2,250-square-foot detached aircraft hangar located on Tract A,
Dragseth Subdivision 2016 Addition, to a proposed private Lodge, Professional
Office and a private use Airport. The applicant has also requested to use the
existing approximately 1,900-foot long approximately 50-foot wide airstrip located
on a portion of Tract B, Dragseth Subdivision 2016 Addition, as well as a portion of
Government Lots 9 – 15 inclusive, and a portion of the SE ¼, SE ¼, NE ¼, Section
7, T5N, R11W for a limited use private airport.
As discussed above the proposed project would require the approval of Conditional
Use Permits for the following uses: Airport, Lodge, Assemblies, Professional Office
and Restaurant.
Pursuant to KMC 14.20.320 the above uses are defined as follows:
22.010 – Land Use Table the following uses require a Conditional Use Permit within
the Rural Residential and Heavy Industrial Zone:
“Airport means a location where aircraft such as fixed-wing aircraft, helicopters,
and blimps take off and land. Aircraft may be stored or maintained at an airport. An
airport consists of at least one (1) surface such as a paved or gravel runway, a
helicopter touchdown and lift off (TLOF) area, helipad, or water runway for aircraft
takeoffs and landings, and often includes buildings such as control towers, hangars
and terminal buildings.”
“Lodge means a building or group of buildings containing five (5) or fewer guest
rooms used for the purpose of offering public lodging on a day-to-day basis with or
without meals.”
PZ17-12, PZ17-13, PZ17-14, PZ17-15, PZ17-16, PZ17-19 Staff Report
Page 3
“Assemblage means a large gathering of people for an event such as a concert,
fair, or circus.”
“Office means a room or group of rooms used for conducting the affairs of a
business, profession, service, industry, or government.”
“Restaurant means an establishment where food and drink is prepared, served,
and consumed primarily within the principal building.”
Pursuant to the submitted application, the existing single-family residence would be
converted to serve as a Professional Office for current PRL staff or be utilized by
other businesses on an individual office lease agreement. Use of existing structure
as a Professional Office would also be by other businesses engaged in support of
the airship operations.
The applicant has also stated that the existing single-family residence could be
converted to serve as a private Lodge with a Restaurant. The subject residence
contains a large commercial style kitchen which would be use to serve guests of the
Lodge onsite meals. Furthermore, it is anticipated that the Restaurant would be
operated in conjunction with the Cannery Lodge, which also contains a private
Restaurant. While onsite, or if requested, the Lodge and subject parcel could also
be utilized for private events.
Events would include; Weddings and other Private Parties. It is not anticipated that
these events would be open to the public.
The airstrip would support a limited use of fixed-wing and airship type aircraft for
take-off and landings. Furthermore, the applicant has indicated that the proposed
project would, help to support their base of operations located at their current PRL
Property to provide for inspections, maintenance, instrumentation checks, pilot and
ground crews training to support the proposed airship activities.
As discussed above, the subject parcel contains an aircraft hangar with a grass
airstrip located to the north. Historically, the previous owners, utilized the subject
aircraft hangar and airstrip for personal use. The use of the airstrip was very limited
by the previous owners.
The City of Kenai Public Works Department and the State of Alaska Department of
Transportation and Public Facilities classify Royal Street as a Local Road. A Local
Road is defined as “Roads that provide access to homes, business, and other
property.” Currently, Royal Street is utilized by the owners of two single-family
residential parcels to the South of the subject parcel and by those participating in
the Personal Use Fishery in July. To the east of the subject parcel is drill pad,
which is owned and operated by Hilcorp Alaska for natural gas exploration.
Furthermore, the City of Kenai has installed infrastructure to support the Personal
Use Fishery by constructing an extension of Royal Street to the area of South
Beach. Every July, thousands of people participate in the fishery and pass by the
subject parcel.
PZ17-12, PZ17-13, PZ17-14, PZ17-15, PZ17-16, PZ17-19 Staff Report
Page 4
Therefore, given the above discussion within the context of the proposed land-use
project, it seems reasonable that the proposed project would be consistent with the
intent of KMC 14.20.150 and the intent of the Rural Residential and Heavy Industrial
Zoning District with respect to the proposed use as a Professional Office, Private
Lodge, Private Restaurant, Private Event Center and Private Airport with a limited
use Airstrip, given compliance with staff recommended specific conditions.
(2) The value of the adjoining property and neighborhood will not be significantly
impaired.
It is not anticipated that the proposed development would impair the adjoining
property in the area given the historical use of the subject parcel and surrounding
parcels. Parcels in this area are zoned Heavy Industrial and Rural Residential.
Historically, parcels in this area have been used by the oil and gas industry as well
as the commercial fishing industry for fish processing, canning and other fishing
related uses. Located east of the subject parcel is an approximately 12-acre
parcel which contained a commercial fishing processing facility on the bank of the
Kenai River. In recent years, this parcel has been converted to a private resort
facility known as the Cannery Lodge which is zoned Heavy Industrial. Further to the
northeast is North Pacific Seafood’s, which is a commercial fishing, processing
facility with a boat storage yard and is zoned Heavy Industrial. The parcel is further
bound by property owned by the City of Kenai and Royal Street, which was
extended in 2016 to further support the Personal Use Fishery. The subject parcel is
also bound by an undeveloped residential parcel to the south and a drill pad owned
by Hilcorp Alaska for natural gas exploration.
Therefore, provided that all conditions recommended by staff and the Planning
and Zoning Commission are followed, staff believes that the value of the
adjoining property and neighborhood will not be significantly impaired.
(3) The proposed use is in harmony with the Comprehensive Plan.
The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as
Low Density Residential (LDR) and Parks, Recreation & Open Space (PROS). The
plan defines LDR as “Low Density Residential because of poor site conditions is
intended for large-lot single-family residential development. The area will typically
be developed with individual on-site water supply and wastewater disposal systems.
Streets will typically be constructed to rural street standards (i.e., gravel) and
sidewalks will not be typically included in the subdivision design. Rural Residential
becomes Low Density Residential to avoid confusion with zoning category.” The
plan also defines PROS as “Parks, Recreation and Open Space is intended for
those public recreation facilities, as well as undeveloped lands that provide for the
conservation of natural or scenic resources. These areas can be used for a variety
of passive and active outdoor and indoor sports and recreational activities. Areas
that may be suitable for future natural resource development may be included in this
category.”
The area of Royal Street is comprised of single-family homes, oil and gas
development and open space. To the east of the subject parcels are commercial
fishing processers and a private resort, lodging, and event facility.
PZ17-12, PZ17-13, PZ17-14, PZ17-15, PZ17-16, PZ17-19 Staff Report
Page 5
The west of the subject parcels is the waters of the Cook Inlet and the South Beach
area, which is open for passive recreation uses and is used in July by participants in
the Personal Use Fishery.
Goal 3 – Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to
discuss land use strategies to implement a forward-looking approach to community
growth and development. Objective LU-1 states “Establish siting and design
standards so that development is in harmony and scale with surrounding uses.” In
addition, Objective Q-4 states “Promote the siting and design of land uses that are
in harmony and scale with surrounding uses.”
As part of proposed project, the applicants have requested to use an existing
airstrip for limited use for take-off and landing of fixed-wing aircraft and an airship.
The existing airstrip was constructed on property owned by the City of Kenai in an
area that is adjacent to wetlands and coastal dunes.
The existing airstrip is approximately 50 feet wide by approximately 1,900 feet long.
In viewing the subject airstrip, staff observed that it is constructed mostly of grass
with some areas of grasses. The applicant has indicated that they plan to
revegetate the airstrip with Alaska native grasses and flatten out some of the
bumps. The applicant does not plan any other development of the airstrip beyond
the area that has already been developed.
Concerning the existing single-family residence, the applicant has not indicated that
they plan to make any enlargements to the structure. They plan to use the existing
structure and associated aircraft hangar to support their airship operations and
develop a private lodge, with a private restaurant as well as private professional
offices.
Chapter 5.4.6 – Parks, Recreation and Open Space Land Use of the 2030
Comprehensive Plan states in part “The term “open space” includes those
areas managed for parks and recreation, areas zoned for conservation, and
undevelopable areas.” The area of the existing airstrip as well as the areas to
the north and east would be considered open space areas. These areas would
be considered mostly undevelopable due to them being predominantly
wetlands as well as migratory bird habitat. While the airstrip may be
considered somewhat of an industrial type use, its location on the subject
parcel would be considered an appropriate use of open space. The applicant
has indicated that they do not plan to construct any structures associated with
the airstrip and therefore it would remain open space when not in use. Given
the above discussion, it appears the proposed development would be in
harmony with the 2030 Imagine Kenai Comprehensive Plan.
(4) Public services and facilities are adequate to serve the proposed use.
The subject property is served by a private onsite water well and septic system.
The proposed use of the single-family residence as a Lodge, Restaurant,
Professional Office and limited use Airport and Airstrip would affect the existing
septic and water systems. Therefore, staff recommends a condition to require
documentation from the State of Alaska, Department of Environmental
Conservation of approval of the septic and well systems for the Conditional Uses.
PZ17-12, PZ17-13, PZ17-14, PZ17-15, PZ17-16, PZ17-19 Staff Report
Page 6
City of Kenai police and fire department resources are sufficient to serve the
proposed use.
(5) The proposed use will not be harmful to the public safety, health or welfare.
As discussed above, the applicant seeks to utilize the existing single-family
residence and convert it to an invitation only lodge with a private restaurant and
private event facility. Associated development would also include the development
of a professional office and a private limited use airport and airstrip. The airport and
airstrip would utilize the existing approximately 1,900 foot long airstrip located north
of the subject residence and an existing hangar. The airstrip would support the
limited take-off and landing of fixed wing and airship type aircraft. The airship would
be used to support the operations of PRL Logistics, and would mostly be engaged
in operations outside of the City of Kenai. The maximum sized fixed-wing aircraft
that would be operated on the airstrip and placed in the existing hangar would be a
DeHavailland Twin Otter. According to the applicant, the airship could be placed in
a hangar at their adjacent parcel to the east.
The flight path from the airstrip to the hangar would be intended to be a vertical
takeoff from the airstrip to a height to avoid obstacles and then a descent onto the
parcel owned by PRL Logistics to the east for placement into the hangar. The
construction of the hangar and associated development would require the
processing of a separate Conditional Use Permit.
It is anticipated that all take-off’, landing and maneuvering would take place over the
waters of Cook Inlet. Except for safety or weather conditions, there would be no
anticipated maneuvering of the airship or any fixed-wing aircraft over the residences
or the wetlands and migratory bird area adjacent to the subject parcels.
Furthermore, concerning noise, according to information submitted by the applicant
the airship would generate between 60 and 70 decibels of sound during take-off
from a distance of 300 meters (984 feet). Conversely, a twin-engine turbine fixed-
wing aircraft generates 80 decibels and a jet aircraft generates in excess of 90
decibels.
Therefore, given the above discussion and proposed conversion of an existing
approximately 7,308-square-foot single-family residence, approximately 1,280-
square-foot detached garage and an approximately 2,250-square-foot detached
aircraft hangar to a proposed private Lodge, Professional Office and a private use
Airport. As well as the private limited use of an existing airstrip would not have a
harmful impact to the public safety, health or welfare, provided that all conditions
recommended by staff and the Planning and Zoning Commission are followed.
.
(1) 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.
1. Further development of the property shall conform to all Federal, State, and local
regulations.
2. The operation of the Limited Use Airport (Airstrip) shall comply with all regulations
of the United States Department of Transportation, Federal Aviation Administration.
PZ17-12, PZ17-13, PZ17-14, PZ17-15, PZ17-16, PZ17-19 Staff Report
Page 7
3. The US Army Corps of Engineers shall approve the filling or impact to any
wetlands.
4. Prior to operation of the Limited Use Airport (Airstrip) Pacific Rim Logistics, Inc.
shall submit an Operational Plan for review by the City of Kenai. Every two years
following the submittal of the first Operational Plan, a revised Plan shall be
submitted to the City of Kenai for review. Any revisions to the Operational Plan will
require approval of the City Manager before their implementation.
5. The existing Airstrip shall remain a grass surface vegetated with Alaska native
grasses and there shall be no placement of fill material on the subject parcels
without an amendment to the Conditional Use Permit and approval of the Planning
and Zoning Commission.
6. The footprint of the existing Airstrip shall not be expanded without an amendment
to the Conditional Use Permit and approval of the Planning and Zoning
Commission.
7. Within 16-months of the issuance of this Conditional Use Permit the existing post
and chain fence line that is fronting the dunes shall be extended south to Royal
Street by Pacific Rim Logistics. The posts and chain fence shall be of similar
materials and colors and shall be subject to inspection by the City of Kenai after
their installation.
8. The operation of the Limited Use Airport or Airstrip shall at no time damage or
impact the dune area to the west of the Airstrip. There shall be no construction or
the placement of any material on or in the dune area. Pacific Rim Logistics shall
remedy any damages done to the dunes because of the operation or construction
of the Limited Use Airport or Airstrip to the satisfaction of the City of Kenai.
9. The loading or unloading of all aircraft or airships shall take place during the period
between morning civil twilight and the end of evening civil twilight at the south end
of the existing Airstrip.
10. Unless for safety or weather conditions the flight path for all aircraft approaching or
departing the Airstrip shall be located over the waters of Cook Inlet.
11. At no time, shall the use of any aircraft or airships endanger any participants of the
Personal Use Fishery.
12. At no time, shall there be any hazing or disturbing of any migratory birds utilizing
the wetland areas to the north or east of the existing Airstrip.
13. Until such time as a Subdivision Plat is recorded, the use of that portion of Tract B
Dragseth Subdivision and a portion of Government Lots 9 – 15, inclusive, and a
portion of the SE ¼, SE ¼, NE ¼, Section 7, T5N, R11W for a Limited Use Airport
and Airstrip shall be restricted to the area shown on Attachment A.
14. At no time shall members of the public be restricted from accessing the beach area
shown on Attachment A as “Area Reserved for Public Access Easement”.
PZ17-12, PZ17-13, PZ17-14, PZ17-15, PZ17-16, PZ17-19 Staff Report
Page 8
15. Prior to Operation of the Restaurant or Lodge, the Applicant shall submit
documentation from the State of Alaska, Department of Environmental
Conservation of approval for the septic and water systems for the Conditional
Uses.
16. Prior to Operation of the Lodge and or Bed and Breakfast, the City of Kenai Fire
Marshal shall inspect the premises for compliance with the International Fire Code.
Thereafter, the City of Kenai Fire Marshal shall inspect the premises every other
year pursuant to KMC 14.20.321.
17. Until such time as it expires, the Conditional Use Permits shall also be subject to
the Conditions of Approval in the Special Use Permit issued as a part of Resolution
No. 2017-20.
18. Loud music and other loud noises related to assemblage shall not occur between
the hours of 8:00 PM and 9:00 AM Sunday through Thursday and 11:00 PM
through 9:00 AM Friday through Saturday.
19. Operation of the Professional Office shall be subject to the requirements of this
Conditional Use Permit.
20. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit
an Annual Report to the City of Kenai.
RECOMMENDATIONS
Based on the application and a review of the criteria required to approve the permit, it is
the recommendation of staff that the proposed conversion of an existing approximately
7,308-square-foot single-family residence, approximately 1,280-square-foot detached
garage and an approximately 2,250-square-foot detached aircraft hangar to a proposed
private Lodge, Professional Office and a private use Airport. As well as the private
limited use of an existing airstrip be approved, subject to the following conditions:
1. Further development of the property shall conform to all Federal, State, and local
regulations.
2. The operation of the Limited Use Airport (Airstrip) shall comply with all regulations
of the United States Department of Transportation, Federal Aviation Administration.
3. The US Army Corps of Engineers shall approve the filling or impact to any
wetlands.
4. Prior to operation of the Limited Use Airport (Airstrip) Pacific Rim Logistics, Inc.
shall submit an Operational Plan for review by the City of Kenai. Every two years
following the submittal of the first Operational Plan, a revised Plan shall be
submitted to the City of Kenai for review. Any revisions to the Operational Plan will
require approval of the City Manager before their implementation.
5. The existing Airstrip shall remain a grass surface vegetated with Alaska native
grasses and there shall be no placement of fill material on the subject parcels
without an amendment to the Conditional Use Permit and approval of the Planning
and Zoning Commission.
PZ17-12, PZ17-13, PZ17-14, PZ17-15, PZ17-16, PZ17-19 Staff Report
Page 9
6. The footprint of the existing Airstrip shall not be expanded without an amendment
to the Conditional Use Permit and approval of the Planning and Zoning
Commission.
7. Within 16-months of the issuance of this Conditional Use Permit the existing post
and chain fence line that is fronting the dunes shall be extended south to Royal
Street by Pacific Rim Logistics. The posts and chain fence shall be of similar
materials and colors and shall be subject to inspection by the City of Kenai after
their installation.
8. The operation of the Limited Use Airport or Airstrip shall at no time damage or
impact the dune area to the west of the Airstrip. There shall be no construction or
the placement of any material on or in the dune area. Pacific Rim Logistics shall
remedy any damages done to the dunes because of the operation or construction
of the Limited Use Airport or Airstrip to the satisfaction of the City of Kenai.
9. The loading or unloading of all aircraft or airships shall take place during the period
between morning civil twilight and the end of evening civil twilight at the south end
of the existing Airstrip.
10. Unless for safety or weather conditions the flight path for all aircraft approaching or
departing the Airstrip shall be located over the waters of Cook Inlet.
11. At no time, shall the use of any aircraft or airships endanger any participants of the
Personal Use Fishery.
12. At no time, shall there be any hazing or disturbing of any migratory birds utilizing
the wetland areas to the north or east of the existing Airstrip.
13. Until such time as a Subdivision Plat is recorded, the use of that portion of Tract B
Dragseth Subdivision and a portion of Government Lots 9 – 15, inclusive, and a
portion of the SE ¼, SE ¼, NE ¼, Section 7, T5N, R11W for a Limited Use Airport
and Airstrip shall be restricted to the area shown on Attachment A.
14. At no time shall members of the public be restricted from accessing the beach area
shown on Attachment A as “Area Reserved for Public Access Easement”.
15. Prior to Operation of the Restaurant or Lodge, the Applicant shall submit
documentation from the State of Alaska, Department of Environmental
Conservation of approval for the septic and water systems for the Conditional
Uses.
16. Prior to Operation of the Lodge and or Bed and Breakfast, the City of Kenai Fire
Marshal shall inspect the premises for compliance with the International Fire Code.
Thereafter, the City of Kenai Fire Marshal shall inspect the premises every other
year pursuant to KMC 14.20.321.
17. Until such time as it expires, the Conditional Use Permits shall also be subject to
the Conditions of Approval in the Special Use Permit issued as a part of Resolution
No. 2017-20.
PZ17-12, PZ17-13, PZ17-14, PZ17-15, PZ17-16, PZ17-19 Staff Report
Page 10
18. Loud music and other loud noises related to assemblage shall not occur between
the hours of 8:00 PM and 9:00 AM Sunday through Thursday and 11:00 PM
through 9:00 AM Friday through Saturday.
19. Operation of the Professional Office shall be subject to the requirements of this
Conditional Use Permit.
20. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit
an Annual Report to the City of Kenai.
ATTACHMENTS:
1. Resolution No. PZ17-12, 17-13, 17-14, 17-15, 17-16, 17-19
2. Site Plan
3. Maps
4. Application
5. Supplemental Application Information
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-12
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE AN AIRPORT
UTILIZING THE CURRENT/HISTORICAL USE HANGAR FACILITY ON THE PROPERTY, TIE
DOWNS FOR SMALL AIRCRAFT, STAGING, LIGHT MAINTENANCE FOR SMALL AIRCRAFT
(UP TO A TWIN OTTER) AND FUELING AS SET FORTH IN THE BELOW CONDITIONS OF
APPROVAL AND WITHIN THE AREA AS SHOWN ON ATTACHMENT A.
APPLICANT: Pacific Rim Logistics, Inc.
PROPERTY ADDRESS: 2270 Royal Street
LEGAL DESCRIPTION: Tract A, Dragseth Subdivision 2016 Addition
KENAI PENINSULA BOROUGH PARCEL NO: 0491027
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on April 25, 2017; and,
WHEREAS, the application affects land which is zoned as Rural Residential (RR) and Heavy
Industrial (IH); 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 May 24, 2017; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met; and,
WHEREAS, Kenai Municipal Code 14.20.150 details the intent and application process for
conditional uses and specifies the review criteria that must be satisfied prior to issuing the
permit, which are the following:
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
Resolution No. PZ17-12 Conditional Use Permit
Page | 2
(1) The use is consistent with the purpose of this chapter and the purposes and intent of the
zoning district.
The subject parcels are zoned Rural Residential (RR) and Heavy Industrial (IH), and are
therefore subject to the Principal Permitted and Conditional land-uses as shown on KMC
14.22.010 - Land Use Table. Pursuant to the submitted application, the applicant has
requested to convert the existing approximately 7,308-square-foot single-family residence,
approximately 1,280-square-foot detached garage and an approximately 2,250-square-foot
detached aircraft hangar located on Tract A, Dragseth Subdivision 2016 Addition, to a
proposed private Lodge, Professional Office and a private use Airport. The applicant has
also requested to use the existing approximately 1,900-foot long approximately 50-foot
wide airstrip located on a portion of Tract B, Dragseth Subdivision 2016 Addition, as well as
a portion of Government Lots 9 – 15 inclusive, and a portion of the SE ¼, SE ¼, NE ¼,
Section 7, T5N, R11W for a limited use private airport.
As discussed above the proposed project would require the approval of Conditional Use
Permits for the following uses: Airport, Lodge, Assemblies, Professional Office and
Restaurant.
Pursuant to KMC 14.20.320 the above uses are defined as follows:
22.010 – Land Use Table the following uses require a Conditional Use Permit within the
Rural Residential and Heavy Industrial Zone:
“Airport means a location where aircraft such as fixed-wing aircraft, helicopters, and
blimps take off and land. Aircraft may be stored or maintained at an airport. An airport
consists of at least one (1) surface such as a paved or gravel runway, a helicopter
touchdown and lift off (TLOF) area, helipad, or water runway for aircraft takeoffs and
landings, and often includes buildings such as control towers, hangars and terminal
buildings.”
“Lodge means a building or group of buildings containing five (5) or fewer guest rooms
used for the purpose of offering public lodging on a day-to-day basis with or without meals.”
“Assemblage means a large gathering of people for an event such as a concert, fair, or
circus.”
“Office means a room or group of rooms used for conducting the affairs of a business,
profession, service, industry, or government.”
“Restaurant means an establishment where food and drink is prepared, served, and
consumed primarily within the principal building.”
Pursuant to the submitted application, the existing single-family residence would be
converted to serve as a Professional Office for current PRL staff or be utilized by other
businesses on an individual office lease agreement. Use of existing structure as a
Professional Office would also be by other businesses engaged in support of the airship
operations.
The applicant has also stated that the existing single-family residence could be converted
to serve as a private Lodge with a Restaurant.
Resolution No. PZ17-12 Conditional Use Permit
Page | 3
The subject residence contains a large commercial style kitchen which would be use to
serve guests of the Lodge onsite meals. Furthermore, it is anticipated that the Restaurant
would be operated in conjunction with the Cannery Lodge, which also contains a private
Restaurant. While onsite, or if requested, the Lodge and subject parcel could also be
utilized for private events. Events would include; Weddings and other Private Parties. It is
not anticipated that these events would be open to the public.
The airstrip would support a limited use of fixed-wing and airship type aircraft for take-off
and landings. Furthermore, the applicant has indicated that the proposed project would,
help to support their base of operations located at their current PRL Property to provide for
inspections, maintenance, instrumentation checks, pilot and ground crews training to
support the proposed airship activities.
As discussed above, the subject parcel contains an aircraft hangar with a grass airstrip
located to the north. Historically, the previous owners, utilized the subject aircraft hangar
and airstrip for personal use. The use of the airstrip was very limited by the previous
owners.
The City of Kenai Public Works Department and the State of Alaska Department of
Transportation and Public Facilities classify Royal Street as a Local Road. A Local Road is
defined as “Roads that provide access to homes, business, and other property.” Currently,
Royal Street is utilized by the owners of two single-family residential parcels to the South of
the subject parcel and by those participating in the Personal Use Fishery in July. To the
east of the subject parcel is drill pad, which is owned and operated by Hilcorp Alaska for
natural gas exploration. Furthermore, the City of Kenai has installed infrastructure to
support the Personal Use Fishery by constructing an extension of Royal Street to the area
of South Beach. Every July, thousands of people participate in the fishery and pass by the
subject parcel.
Therefore, given the above discussion within the context of the proposed land-use project,
it seems reasonable that the proposed project would be consistent with the intent of KMC
14.20.150 and the intent of the Rural Residential and Heavy Industrial Zoning District with
respect to the proposed use as a Professional Office, Private Lodge, Private Restaurant,
Private Event Center and Private Airport with a limited use Airstrip, given compliance with
staff recommended specific conditions.
(2) The value of the adjoining property and neighborhood will not be significantly impaired.
It is not anticipated that the proposed development would impair the adjoining property in
the area given the historical use of the subject parcel and surrounding parcels. Parcels in
this area are zoned Heavy Industrial and Rural Residential. Historically, parcels in this area
have been used by the oil and gas industry as well as the commercial fishing industry for
fish processing, canning and other fishing related uses. Located east of the subject parcel
is an approximately 12-acre parcel which contained a commercial fishing processing facility
on the bank of the Kenai River. In recent years, this parcel has been converted to a private
resort facility known as the Cannery Lodge which is zoned Heavy Industrial. Further to the
northeast is North Pacific Seafood’s, which is a commercial fishing, processing facility with
a boat storage yard and is zoned Heavy Industrial. The parcel is further bound by property
owned by the City of Kenai and Royal Street, which was extended in 2016 to further
support the Personal Use Fishery.
Resolution No. PZ17-12 Conditional Use Permit
Page | 4
The subject parcel is also bound by an undeveloped residential parcel to the south and a
drill pad owned by Hilcorp Alaska for natural gas exploration.
Therefore, provided that all conditions recommended by staff and the Planning and Zoning
Commission are followed, staff believes that the value of the adjoining property and
neighborhood will not be significantly impaired.
(3) The proposed use is in harmony with the Comprehensive Plan.
The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Low
Density Residential (LDR) and Parks, Recreation & Open Space (PROS). The plan defines
LDR as “Low Density Residential because of poor site conditions is intended for large-lot
single-family residential development. The area will typically be developed with individual
on-site water supply and wastewater disposal systems. Streets will typically be constructed
to rural street standards (i.e., gravel) and sidewalks will not be typically included in the
subdivision design. Rural Residential becomes Low Density Residential to avoid confusion
with zoning category.” The plan also defines PROS as “Parks, Recreation and Open
Space is intended for those public recreation facilities, as well as undeveloped lands that
provide for the conservation of natural or scenic resources. These areas can be used for a
variety of passive and active outdoor and indoor sports and recreational activities. Areas
that may be suitable for future natural resource development may be included in this
category.”
The area of Royal Street is comprised of single-family homes, oil and gas development and
open space. To the east of the subject parcels are commercial fishing processers and a
private resort, lodging, and event facility. The west of the subject parcels is the waters of
the Cook Inlet and the South Beach area, which is open for passive recreation uses and is
used in July by participants in the Personal Use Fishery.
Goal 3 – Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss land
use strategies to implement a forward-looking approach to community growth and
development. Objective LU-1 states “Establish siting and design standards so that
development is in harmony and scale with surrounding uses.” In addition, Objective Q-4
states “Promote the siting and design of land uses that are in harmony and scale with
surrounding uses.”
As part of proposed project, the applicants have requested to use an existing airstrip for
limited use for take-off and landing of fixed-wing aircraft and an airship. The existing
airstrip was constructed on property owned by the City of Kenai in an area that is adjacent
to wetlands and coastal dunes.
The existing airstrip is approximately 50 feet wide by approximately 1,900 feet long. In
viewing the subject airstrip, staff observed that it is constructed mostly of grass with some
areas of grasses. The applicant has indicated that they plan to revegetate the airstrip with
Alaska native grasses and flatten out some of the bumps. The applicant does not plan any
other development of the airstrip beyond the area that has already been developed.
Resolution No. PZ17-12 Conditional Use Permit
Page | 5
Concerning the existing single-family residence, the applicant has not indicated that they
plan to make any enlargements to the structure. They plan to use the existing structure
and associated aircraft hangar to support their airship operations and develop a private
lodge, with a private restaurant as well as private professional offices.
Chapter 5.4.6 – Parks, Recreation and Open Space Land Use of the 2030
Comprehensive Plan states in part “The term “open space” includes those areas managed
for parks and recreation, areas zoned for conservation, and undevelopable areas.” The
area of the existing airstrip as well as the areas to the north and east would be considered
open space areas. These areas would be considered mostly undevelopable due to them
being predominantly wetlands as well as migratory bird habitat. While the airstrip may be
considered somewhat of an industrial type use, its location on the subject parcel would be
considered an appropriate use of open space. The applicant has indicated that they do
not plan to construct any structures associated with the airstrip and therefore it would
remain open space when not in use. Given the above discussion, it appears the proposed
development would be in harmony with the 2030 Imagine Kenai Comprehensive Plan.
(4) Public services and facilities are adequate to serve the proposed use.
The subject property is served by a private onsite water well and septic system. The
proposed use of the single-family residence as a Lodge, Restaurant, Professional Office
and limited use Airport and Airstrip would affect the existing septic and water systems.
Therefore, staff recommends a condition to require documentation from the State of
Alaska, Department of Environmental Conservation of approval of the septic and well
systems for the Conditional Uses. City of Kenai police and fire department resources are
sufficient to serve the proposed use.
(5) The proposed use will not be harmful to the public safety, health or welfare.
As discussed above, the applicant seeks to utilize the existing single-family residence and
convert it to an invitation only lodge with a private restaurant and private event facility.
Associated development would also include the development of a professional office and a
private limited use airport and airstrip. The airport and airstrip would utilize the existing
approximately 1,900 foot long airstrip located north of the subject residence and an existing
hangar. The airstrip would support the limited take-off and landing of fixed wing and airship
type aircraft. The airship would be used to support the operations of PRL Logistics, and
would mostly be engaged in operations outside of the City of Kenai. The maximum sized
fixed-wing aircraft that would be operated on the airstrip and placed in the existing hangar
would be a DeHavailland Twin Otter. According to the applicant, the airship could be
placed in a hangar at their adjacent parcel to the east.
The flight path from the airstrip to the hangar would be intended to be a vertical takeoff from
the airstrip to a height to avoid obstacles and then a descent onto the parcel owned by PRL
Logistics to the east for placement into the hangar. The construction of the hangar and
associated development would require the processing of a separate Conditional Use
Permit.
It is anticipated that all take-off’, landing and maneuvering would take place over the waters
of Cook Inlet. Except for safety or weather conditions, there would be no anticipated
maneuvering of the airship or any fixed-wing aircraft over the residences or the wetlands
and migratory bird area adjacent to the subject parcels.
Resolution No. PZ17-12 Conditional Use Permit
Page | 6
Furthermore, concerning noise, according to information submitted by the applicant the
airship would generate between 60 and 70 decibels of sound during take-off from a
distance of 300 meters (984 feet). Conversely, a twin-engine turbine fixed-wing aircraft
generates 80 decibels and a jet aircraft generates in excess of 90 decibels.
Therefore, given the above discussion and proposed conversion of an existing
approximately 7,308-square-foot single-family residence, approximately 1,280-square-foot
detached garage and an approximately 2,250-square-foot detached aircraft hangar to a
proposed private Lodge, Professional Office and a private use Airport. As well as the
private limited use of an existing airstrip would not have a harmful impact to the public
safety, health or welfare, provided that all conditions recommended by staff and the
Planning and Zoning Commission are followed.
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. The operation of the Limited Use Airport (Airstrip) shall comply with all regulations of the
United States Department of Transportation, Federal Aviation Administration.
3. The US Army Corps of Engineers shall approve the filling or impact to any wetlands.
4. Prior to operation of the Limited Use Airport (Airstrip) Pacific Rim Logistics, Inc. shall
submit an Operational Plan for review by the City of Kenai. Every two years following the
submittal of the first Operational Plan, a revised Plan shall be submitted to the City of
Kenai for review. Any revisions to the Operational Plan will require approval of the City
Manager before their implementation.
5. The existing Airstrip shall remain a grass surface vegetated with Alaska native grasses
and there shall be no placement of fill material on the subject parcels without an
amendment to the Conditional Use Permit and approval of the Planning and Zoning
Commission.
6. The footprint of the existing Airstrip shall not be expanded without an amendment to the
Conditional Use Permit and approval of the Planning and Zoning Commission.
7. Within 16-months of the issuance of this Conditional Use Permit the existing post and
chain fence line that is fronting the dunes shall be extended south to Royal Street by
Pacific Rim Logistics. The posts and chain fence shall be of similar materials and colors
and shall be subject to inspection by the City of Kenai after their installation.
Resolution No. PZ17-12 Conditional Use Permit
Page | 7
8. The operation of the Limited Use Airport or Airstrip shall at no time damage or impact the
dune area to the west of the Airstrip. There shall be no construction or the placement of
any material on or in the dune area. Pacific Rim Logistics shall remedy any damages
done to the dunes because of the operation or construction of the Limited Use Airport or
Airstrip to the satisfaction of the City of Kenai.
9. The loading or unloading of all aircraft or airships shall take place during the period
between morning civil twilight and the end of evening civil twilight at the south end of the
existing Airstrip.
10. Unless for safety or weather conditions the flight path for all aircraft approaching or
departing the Airstrip shall be located over the waters of Cook Inlet.
11. At no time, shall the use of any aircraft or airships endanger any participants of the
Personal Use Fishery.
12. At no time, shall there be any hazing or disturbing of any migratory birds utilizing the
wetland areas to the north or east of the existing Airstrip.
13. Until such time as a Subdivision Plat is recorded, the use of that portion of Tract B
Dragseth Subdivision and a portion of Government Lots 9 – 15, inclusive, and a portion of
the SE ¼, SE ¼, NE ¼, Section 7, T5N, R11W for a Limited Use Airport and Airstrip shall
be restricted to the area shown on Attachment A.
14. At no time shall members of the public be restricted from accessing the beach area
shown on Attachment A as “Area Reserved for Public Access Easement”.
15. Prior to Operation of the Restaurant or Lodge, the Applicant shall submit documentation
from the State of Alaska, Department of Environmental Conservation of approval for the
septic and water systems for the Conditional Uses.
16. Prior to Operation of the Lodge and or Bed and Breakfast, the City of Kenai Fire Marshal
shall inspect the premises for compliance with the International Fire Code. Thereafter,
the City of Kenai Fire Marshal shall inspect the premises every other year pursuant to
KMC 14.20.321.
17. Until such time as it expires, the Conditional Use Permits shall also be subject to the
Conditions of Approval in the Special Use Permit issued as a part of Resolution No.
2017-20.
18. Loud music and other loud noises related to assemblage shall not occur between the
hours of 8:00 PM and 9:00 AM Sunday through Thursday and 11:00 PM through 9:00 AM
Friday through Saturday.
19. Operation of the Professional Office shall be subject to the requirements of this
Conditional Use Permit.
20. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit an
Annual Report to the City of Kenai.
Resolution No. PZ17-12 Conditional Use Permit
Page | 8
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 OPERATION OF AN AIRPORT UTILIZING THE CURRENT/HISTORICAL
USE HANGAR FACILITY ON THE PROPERTY, TIE DOWNS FOR SMALL AIRCRAFT,
STAGING, LIGHT MAINTENANCE FOR SMALL AIRCRAFT (UP TO A TWIN OTTER) AND
FUELING WITHIN THE AREA SHOWN ON ATTACHMENT A 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 24th day of May, 2017.
___________________________
ATTEST: JEFF TWAIT, CHAIRPERSON
_______________________________________
Jamie Heinz, Acting City Clerk
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-13
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A PRIVATE
LODGE IN THE EXISTING SINGLE-FAMILY RESIDENCE WHICH COULD BE USED AS A
BED & BREAKFAST, VACATION RENTAL HOME, HOTEL, AND GENERAL LIVING
QUARTERS; AS SET FORTH IN THE BELOW CONDITIONS OF APPROVAL AND WITHIN
THE AREA AS SHOWN ON ATTACHMENT A.
APPLICANT: Pacific Rim Logistics, Inc.
PROPERTY ADDRESS: 2270 Royal Street
LEGAL DESCRIPTION: Tract A, Dragseth Subdivision 2016 Addition
KENAI PENINSULA BOROUGH PARCEL NO: 0491027
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on April 25, 2017; and,
WHEREAS, the application affects land which is zoned as Rural Residential (RR) and Heavy
Industrial (IH); 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 May 24, 2017; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met; and,
WHEREAS, Kenai Municipal Code 14.20.150 details the intent and application process for
conditional uses and specifies the review criteria that must be satisfied prior to issuing the
permit, which are the following:
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
Resolution No. PZ17-13 Conditional Use Permit
Page | 2
(1) The use is consistent with the purpose of this chapter and the purposes and intent of the
zoning district.
The subject parcels are zoned Rural Residential (RR) and Heavy Industrial (IH), and are
therefore subject to the Principal Permitted and Conditional land-uses as shown on KMC
14.22.010 - Land Use Table. Pursuant to the submitted application, the applicant has
requested to convert the existing approximately 7,308-square-foot single-family residence,
approximately 1,280-square-foot detached garage and an approximately 2,250-square-foot
detached aircraft hangar located on Tract A, Dragseth Subdivision 2016 Addition, to a
proposed private Lodge, Professional Office and a private use Airport. The applicant has
also requested to use the existing approximately 1,900-foot long approximately 50-foot
wide airstrip located on a portion of Tract B, Dragseth Subdivision 2016 Addition, as well as
a portion of Government Lots 9 – 15 inclusive, and a portion of the SE ¼, SE ¼, NE ¼,
Section 7, T5N, R11W for a limited use private airport.
As discussed above the proposed project would require the approval of Conditional Use
Permits for the following uses: Airport, Lodge, Assemblies, Professional Office and
Restaurant.
Pursuant to KMC 14.20.320 the above uses are defined as follows:
22.010 – Land Use Table the following uses require a Conditional Use Permit within the
Rural Residential and Heavy Industrial Zone:
“Airport means a location where aircraft such as fixed-wing aircraft, helicopters, and
blimps take off and land. Aircraft may be stored or maintained at an airport. An airport
consists of at least one (1) surface such as a paved or gravel runway, a helicopter
touchdown and lift off (TLOF) area, helipad, or water runway for aircraft takeoffs and
landings, and often includes buildings such as control towers, hangars and terminal
buildings.”
“Lodge means a building or group of buildings containing five (5) or fewer guest rooms
used for the purpose of offering public lodging on a day-to-day basis with or without meals.”
“Assemblage means a large gathering of people for an event such as a concert, fair, or
circus.”
“Office means a room or group of rooms used for conducting the affairs of a business,
profession, service, industry, or government.”
“Restaurant means an establishment where food and drink is prepared, served, and
consumed primarily within the principal building.”
Pursuant to the submitted application, the existing single-family residence would be
converted to serve as a Professional Office for current PRL staff or be utilized by other
businesses on an individual office lease agreement. Use of existing structure as a
Professional Office would also be by other businesses engaged in support of the airship
operations.
Resolution No. PZ17-13 Conditional Use Permit
Page | 3
The applicant has also stated that the existing single-family residence could be converted
to serve as a private Lodge with a Restaurant. The subject residence contains a large
commercial style kitchen which would be use to serve guests of the Lodge onsite meals.
Furthermore, it is anticipated that the Restaurant would be operated in conjunction with the
Cannery Lodge, which also contains a private Restaurant. While onsite, or if requested,
the Lodge and subject parcel could also be utilized for private events. Events would
include; Weddings and other Private Parties. It is not anticipated that these events would
be open to the public.
The airstrip would support a limited use of fixed-wing and airship type aircraft for take-off
and landings. Furthermore, the applicant has indicated that the proposed project would,
help to support their base of operations located at their current PRL Property to provide for
inspections, maintenance, instrumentation checks, pilot and ground crews training to
support the proposed airship activities.
As discussed above, the subject parcel contains an aircraft hangar with a grass airstrip
located to the north. Historically, the previous owners, utilized the subject aircraft hangar
and airstrip for personal use. The use of the airstrip was very limited by the previous
owners.
The City of Kenai Public Works Department and the State of Alaska Department of
Transportation and Public Facilities classify Royal Street as a Local Road. A Local Road is
defined as “Roads that provide access to homes, business, and other property.” Currently,
Royal Street is utilized by the owners of two single-family residential parcels to the South of
the subject parcel and by those participating in the Personal Use Fishery in July. To the
east of the subject parcel is drill pad, which is owned and operated by Hilcorp Alaska for
natural gas exploration. Furthermore, the City of Kenai has installed infrastructure to
support the Personal Use Fishery by constructing an extension of Royal Street to the area
of South Beach. Every July, thousands of people participate in the fishery and pass by the
subject parcel.
Therefore, given the above discussion within the context of the proposed land-use project,
it seems reasonable that the proposed project would be consistent with the intent of KMC
14.20.150 and the intent of the Rural Residential and Heavy Industrial Zoning District with
respect to the proposed use as a Professional Office, Private Lodge, Private Restaurant,
Private Event Center and Private Airport with a limited use Airstrip, given compliance with
staff recommended specific conditions.
(2) The value of the adjoining property and neighborhood will not be significantly impaired.
It is not anticipated that the proposed development would impair the adjoining property in
the area given the historical use of the subject parcel and surrounding parcels. Parcels in
this area are zoned Heavy Industrial and Rural Residential. Historically, parcels in this area
have been used by the oil and gas industry as well as the commercial fishing industry for
fish processing, canning and other fishing related uses. Located east of the subject parcel
is an approximately 12-acre parcel which contained a commercial fishing processing facility
on the bank of the Kenai River. In recent years, this parcel has been converted to a private
resort facility known as the Cannery Lodge which is zoned Heavy Industrial. Further to the
northeast is North Pacific Seafood’s, which is a commercial fishing, processing facility with
a boat storage yard and is zoned Heavy Industrial.
Resolution No. PZ17-13 Conditional Use Permit
Page | 4
The parcel is further bound by property owned by the City of Kenai and Royal Street, which
was extended in 2016 to further support the Personal Use Fishery. The subject parcel is
also bound by an undeveloped residential parcel to the south and a drill pad owned by
Hilcorp Alaska for natural gas exploration.
Therefore, provided that all conditions recommended by staff and the Planning and Zoning
Commission are followed, staff believes that the value of the adjoining property and
neighborhood will not be significantly impaired.
(3) The proposed use is in harmony with the Comprehensive Plan.
The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Low
Density Residential (LDR) and Parks, Recreation & Open Space (PROS). The plan defines
LDR as “Low Density Residential because of poor site conditions is intended for large-lot
single-family residential development. The area will typically be developed with individual
on-site water supply and wastewater disposal systems. Streets will typically be constructed
to rural street standards (i.e., gravel) and sidewalks will not be typically included in the
subdivision design. Rural Residential becomes Low Density Residential to avoid confusion
with zoning category.” The plan also defines PROS as “Parks, Recreation and Open
Space is intended for those public recreation facilities, as well as undeveloped lands that
provide for the conservation of natural or scenic resources. These areas can be used for a
variety of passive and active outdoor and indoor sports and recreational activities. Areas
that may be suitable for future natural resource development may be included in this
category.”
The area of Royal Street is comprised of single-family homes, oil and gas development and
open space. To the east of the subject parcels are commercial fishing processers and a
private resort, lodging, and event facility. The west of the subject parcels is the waters of
the Cook Inlet and the South Beach area, which is open for passive recreation uses and is
used in July by participants in the Personal Use Fishery.
Goal 3 – Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss land
use strategies to implement a forward-looking approach to community growth and
development. Objective LU-1 states “Establish siting and design standards so that
development is in harmony and scale with surrounding uses.” In addition, Objective Q-4
states “Promote the siting and design of land uses that are in harmony and scale with
surrounding uses.”
As part of proposed project, the applicants have requested to use an existing airstrip for
limited use for take-off and landing of fixed-wing aircraft and an airship. The existing
airstrip was constructed on property owned by the City of Kenai in an area that is adjacent
to wetlands and coastal dunes.
The existing airstrip is approximately 50 feet wide by approximately 1,900 feet long. In
viewing the subject airstrip, staff observed that it is constructed mostly of grass with some
areas of grasses. The applicant has indicated that they plan to revegetate the airstrip with
Alaska native grasses and flatten out some of the bumps. The applicant does not plan any
other development of the airstrip beyond the area that has already been developed.
Resolution No. PZ17-13 Conditional Use Permit
Page | 5
Concerning the existing single-family residence, the applicant has not indicated that they
plan to make any enlargements to the structure. They plan to use the existing structure
and associated aircraft hangar to support their airship operations and develop a private
lodge, with a private restaurant as well as private professional offices.
Chapter 5.4.6 – Parks, Recreation and Open Space Land Use of the 2030
Comprehensive Plan states in part “The term “open space” includes those areas managed
for parks and recreation, areas zoned for conservation, and undevelopable areas.” The
area of the existing airstrip as well as the areas to the north and east would be considered
open space areas. These areas would be considered mostly undevelopable due to them
being predominantly wetlands as well as migratory bird habitat. While the airstrip may be
considered somewhat of an industrial type use, its location on the subject parcel would be
considered an appropriate use of open space. The applicant has indicated that they do
not plan to construct any structures associated with the airstrip and therefore it would
remain open space when not in use. Given the above discussion, it appears the proposed
development would be in harmony with the 2030 Imagine Kenai Comprehensive Plan.
(4) Public services and facilities are adequate to serve the proposed use.
The subject property is served by a private onsite water well and septic system. The
proposed use of the single-family residence as a Lodge, Restaurant, Professional Office
and limited use Airport and Airstrip would affect the existing septic and water systems.
Therefore, staff recommends a condition to require documentation from the State of
Alaska, Department of Environmental Conservation of approval of the septic and well
systems for the Conditional Uses. City of Kenai police and fire department resources are
sufficient to serve the proposed use.
(5) The proposed use will not be harmful to the public safety, health or welfare.
As discussed above, the applicant seeks to utilize the existing single-family residence and
convert it to an invitation only lodge with a private restaurant and private event facility.
Associated development would also include the development of a professional office and a
private limited use airport and airstrip. The airport and airstrip would utilize the existing
approximately 1,900 foot long airstrip located north of the subject residence and an existing
hangar. The airstrip would support the limited take-off and landing of fixed wing and airship
type aircraft. The airship would be used to support the operations of PRL Logistics, and
would mostly be engaged in operations outside of the City of Kenai. The maximum sized
fixed-wing aircraft that would be operated on the airstrip and placed in the existing hangar
would be a DeHavailland Twin Otter. According to the applicant, the airship could be
placed in a hangar at their adjacent parcel to the east.
The flight path from the airstrip to the hangar would be intended to be a vertical takeoff from
the airstrip to a height to avoid obstacles and then a descent onto the parcel owned by PRL
Logistics to the east for placement into the hangar. The construction of the hangar and
associated development would require the processing of a separate Conditional Use
Permit.
It is anticipated that all take-off’, landing and maneuvering would take place over the waters
of Cook Inlet. Except for safety or weather conditions, there would be no anticipated
maneuvering of the airship or any fixed-wing aircraft over the residences or the wetlands
and migratory bird area adjacent to the subject parcels.
Resolution No. PZ17-13 Conditional Use Permit
Page | 6
Furthermore, concerning noise, according to information submitted by the applicant the
airship would generate between 60 and 70 decibels of sound during take-off from a
distance of 300 meters (984 feet). Conversely, a twin-engine turbine fixed-wing aircraft
generates 80 decibels and a jet aircraft generates in excess of 90 decibels.
Therefore, given the above discussion and proposed conversion of an existing
approximately 7,308-square-foot single-family residence, approximately 1,280-square-foot
detached garage and an approximately 2,250-square-foot detached aircraft hangar to a
proposed private Lodge, Professional Office and a private use Airport. As well as the
private limited use of an existing airstrip would not have a harmful impact to the public
safety, health or welfare, provided that all conditions recommended by staff and the
Planning and Zoning Commission are followed.
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. The operation of the Limited Use Airport (Airstrip) shall comply with all regulations of the
United States Department of Transportation, Federal Aviation Administration.
3. The US Army Corps of Engineers shall approve the filling or impact to any wetlands.
4. Prior to operation of the Limited Use Airport (Airstrip) Pacific Rim Logistics, Inc. shall
submit an Operational Plan for review by the City of Kenai. Every two years following the
submittal of the first Operational Plan, a revised Plan shall be submitted to the City of
Kenai for review. Any revisions to the Operational Plan will require approval of the City
Manager before their implementation.
5. The existing Airstrip shall remain a grass surface vegetated with Alaska native grasses
and there shall be no placement of fill material on the subject parcels without an
amendment to the Conditional Use Permit and approval of the Planning and Zoning
Commission.
6. The footprint of the existing Airstrip shall not be expanded without an amendment to the
Conditional Use Permit and approval of the Planning and Zoning Commission.
7. Within 16-months of the issuance of this Conditional Use Permit the existing post and
chain fence line that is fronting the dunes shall be extended south to Royal Street by
Pacific Rim Logistics. The posts and chain fence shall be of similar materials and colors
and shall be subject to inspection by the City of Kenai after their installation.
Resolution No. PZ17-13 Conditional Use Permit
Page | 7
8. The operation of the Limited Use Airport or Airstrip shall at no time damage or impact the
dune area to the west of the Airstrip. There shall be no construction or the placement of
any material on or in the dune area. Pacific Rim Logistics shall remedy any damages
done to the dunes because of the operation or construction of the Limited Use Airport or
Airstrip to the satisfaction of the City of Kenai.
9. The loading or unloading of all aircraft or airships shall take place during the period
between morning civil twilight and the end of evening civil twilight at the south end of the
existing Airstrip.
10. Unless for safety or weather conditions the flight path for all aircraft approaching or
departing the Airstrip shall be located over the waters of Cook Inlet.
11. At no time, shall the use of any aircraft or airships endanger any participants of the
Personal Use Fishery.
12. At no time, shall there be any hazing or disturbing of any migratory birds utilizing the
wetland areas to the north or east of the existing Airstrip.
13. Until such time as a Subdivision Plat is recorded, the use of that portion of Tract B
Dragseth Subdivision and a portion of Government Lots 9 – 15, inclusive, and a portion of
the SE ¼, SE ¼, NE ¼, Section 7, T5N, R11W for a Limited Use Airport and Airstrip shall
be restricted to the area shown on Attachment A.
14. At no time shall members of the public be restricted from accessing the beach area
shown on Attachment A as “Area Reserved for Public Access Easement”.
15. Prior to Operation of the Restaurant or Lodge, the Applicant shall submit documentation
from the State of Alaska, Department of Environmental Conservation of approval for the
septic and water systems for the Conditional Uses.
16. Prior to Operation of the Lodge and or Bed and Breakfast, the City of Kenai Fire Marshal
shall inspect the premises for compliance with the International Fire Code. Thereafter,
the City of Kenai Fire Marshal shall inspect the premises every other year pursuant to
KMC 14.20.321.
17. Until such time as it expires, the Conditional Use Permits shall also be subject to the
Conditions of Approval in the Special Use Permit issued as a part of Resolution No.
2017-20.
18. Loud music and other loud noises related to assemblage shall not occur between the
hours of 8:00 PM and 9:00 AM Sunday through Thursday and 11:00 PM through 9:00 AM
Friday through Saturday.
19. Operation of the Professional Office shall be subject to the requirements of this
Conditional Use Permit.
20. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit an
Annual Report to the City of Kenai.
Resolution No. PZ17-13 Conditional Use Permit
Page | 8
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 OPERATION OF A PRIVATE LODGE IN THE EXISTING SINGLE-FAMILY
RESIDENCE WHICH COULD BE USED AS A BED & BREAKFAST, VACATION RENTAL
HOME, HOTEL, AND GENERAL LIVING QUARTERS WITHIN THE AREA SHOWN ON
ATTACHMENT A 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 24th day of May, 2017.
___________________________
ATTEST: JEFF TWAIT, CHAIRPERSON
_______________________________________
Jamie Heinz, Acting City Clerk
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-14
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE ASSEMBLIES
WHICH COULD CONSIST OF WEDDINGS, PRIVATE PARTIES, AND OTHER OUTDOOR
EVENTS AS SET FORTH IN THE BELOW CONDITIONS OF APPROVAL AND WITHIN THE
AREA AS SHOWN ON ATTACHMENT A.
APPLICANT: Pacific Rim Logistics, Inc.
PROPERTY ADDRESS: 2270 Royal Street
LEGAL DESCRIPTION: Tract A, Dragseth Subdivision 2016 Addition
KENAI PENINSULA BOROUGH PARCEL NO: 0491027
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on April 25, 2017; and,
WHEREAS, the application affects land which is zoned as Rural Residential (RR) and Heavy
Industrial (IH); 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 May 24, 2017; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met; and,
WHEREAS, Kenai Municipal Code 14.20.150 details the intent and application process for
conditional uses and specifies the review criteria that must be satisfied prior to issuing the
permit, which are the following:
(1) The use is consistent with the purpose of this chapter and the purposes and intent of the
zoning district.
The subject parcels are zoned Rural Residential (RR) and Heavy Industrial (IH), and are
therefore subject to the Principal Permitted and Conditional land-uses as shown on KMC
14.22.010 - Land Use Table.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
Resolution No. PZ17-14 Conditional Use Permit
Page | 2
Pursuant to the submitted application, the applicant has requested to convert the existing
approximately 7,308-square-foot single-family residence, approximately 1,280-square-foot
detached garage and an approximately 2,250-square-foot detached aircraft hangar located
on Tract A, Dragseth Subdivision 2016 Addition, to a proposed private Lodge, Professional
Office and a private use Airport. The applicant has also requested to use the existing
approximately 1,900-foot long approximately 50-foot wide airstrip located on a portion of
Tract B, Dragseth Subdivision 2016 Addition, as well as a portion of Government Lots 9 –
15 inclusive, and a portion of the SE ¼, SE ¼, NE ¼, Section 7, T5N, R11W for a limited
use private airport.
As discussed above the proposed project would require the approval of Conditional Use
Permits for the following uses: Airport, Lodge, Assemblies, Professional Office and
Restaurant.
Pursuant to KMC 14.20.320 the above uses are defined as follows:
22.010 – Land Use Table the following uses require a Conditional Use Permit within the
Rural Residential and Heavy Industrial Zone:
“Airport means a location where aircraft such as fixed-wing aircraft, helicopters, and
blimps take off and land. Aircraft may be stored or maintained at an airport. An airport
consists of at least one (1) surface such as a paved or gravel runway, a helicopter
touchdown and lift off (TLOF) area, helipad, or water runway for aircraft takeoffs and
landings, and often includes buildings such as control towers, hangars and terminal
buildings.”
“Lodge means a building or group of buildings containing five (5) or fewer guest rooms
used for the purpose of offering public lodging on a day-to-day basis with or without meals.”
“Assemblage means a large gathering of people for an event such as a concert, fair, or
circus.”
“Office means a room or group of rooms used for conducting the affairs of a business,
profession, service, industry, or government.”
“Restaurant means an establishment where food and drink is prepared, served, and
consumed primarily within the principal building.”
Pursuant to the submitted application, the existing single-family residence would be
converted to serve as a Professional Office for current PRL staff or be utilized by other
businesses on an individual office lease agreement. Use of existing structure as a
Professional Office would also be by other businesses engaged in support of the airship
operations.
The applicant has also stated that the existing single-family residence could be converted
to serve as a private Lodge with a Restaurant. The subject residence contains a large
commercial style kitchen which would be use to serve guests of the Lodge onsite meals.
Furthermore, it is anticipated that the Restaurant would be operated in conjunction with the
Cannery Lodge, which also contains a private Restaurant. While onsite, or if requested,
the Lodge and subject parcel could also be utilized for private events. Events would
include; Weddings and other Private Parties. It is not anticipated that these events would
be open to the public.
Resolution No. PZ17-14 Conditional Use Permit
Page | 3
The airstrip would support a limited use of fixed-wing and airship type aircraft for take-off
and landings. Furthermore, the applicant has indicated that the proposed project would,
help to support their base of operations located at their current PRL Property to provide for
inspections, maintenance, instrumentation checks, pilot and ground crews training to
support the proposed airship activities.
As discussed above, the subject parcel contains an aircraft hangar with a grass airstrip
located to the north. Historically, the previous owners, utilized the subject aircraft hangar
and airstrip for personal use. The use of the airstrip was very limited by the previous
owners.
The City of Kenai Public Works Department and the State of Alaska Department of
Transportation and Public Facilities classify Royal Street as a Local Road. A Local Road is
defined as “Roads that provide access to homes, business, and other property.” Currently,
Royal Street is utilized by the owners of two single-family residential parcels to the South of
the subject parcel and by those participating in the Personal Use Fishery in July. To the
east of the subject parcel is drill pad, which is owned and operated by Hilcorp Alaska for
natural gas exploration. Furthermore, the City of Kenai has installed infrastructure to
support the Personal Use Fishery by constructing an extension of Royal Street to the area
of South Beach. Every July, thousands of people participate in the fishery and pass by the
subject parcel.
Therefore, given the above discussion within the context of the proposed land-use project,
it seems reasonable that the proposed project would be consistent with the intent of KMC
14.20.150 and the intent of the Rural Residential and Heavy Industrial Zoning District with
respect to the proposed use as a Professional Office, Private Lodge, Private Restaurant,
Private Event Center and Private Airport with a limited use Airstrip, given compliance with
staff recommended specific conditions.
(2) The value of the adjoining property and neighborhood will not be significantly impaired.
It is not anticipated that the proposed development would impair the adjoining property in
the area given the historical use of the subject parcel and surrounding parcels. Parcels in
this area are zoned Heavy Industrial and Rural Residential. Historically, parcels in this area
have been used by the oil and gas industry as well as the commercial fishing industry for
fish processing, canning and other fishing related uses. Located east of the subject parcel
is an approximately 12-acre parcel which contained a commercial fishing processing facility
on the bank of the Kenai River. In recent years, this parcel has been converted to a private
resort facility known as the Cannery Lodge which is zoned Heavy Industrial. Further to the
northeast is North Pacific Seafood’s, which is a commercial fishing, processing facility with
a boat storage yard and is zoned Heavy Industrial. The parcel is further bound by property
owned by the City of Kenai and Royal Street, which was extended in 2016 to further
support the Personal Use Fishery. The subject parcel is also bound by an undeveloped
residential parcel to the south and a drill pad owned by Hilcorp Alaska for natural gas
exploration.
Resolution No. PZ17-14 Conditional Use Permit
Page | 4
Therefore, provided that all conditions recommended by staff and the Planning and Zoning
Commission are followed, staff believes that the value of the adjoining property and
neighborhood will not be significantly impaired.
(3) The proposed use is in harmony with the Comprehensive Plan.
The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Low
Density Residential (LDR) and Parks, Recreation & Open Space (PROS). The plan defines
LDR as “Low Density Residential because of poor site conditions is intended for large-lot
single-family residential development. The area will typically be developed with individual
on-site water supply and wastewater disposal systems. Streets will typically be constructed
to rural street standards (i.e., gravel) and sidewalks will not be typically included in the
subdivision design. Rural Residential becomes Low Density Residential to avoid confusion
with zoning category.” The plan also defines PROS as “Parks, Recreation and Open
Space is intended for those public recreation facilities, as well as undeveloped lands that
provide for the conservation of natural or scenic resources. These areas can be used for a
variety of passive and active outdoor and indoor sports and recreational activities. Areas
that may be suitable for future natural resource development may be included in this
category.”
The area of Royal Street is comprised of single-family homes, oil and gas development and
open space. To the east of the subject parcels are commercial fishing processers and a
private resort, lodging, and event facility. The west of the subject parcels is the waters of
the Cook Inlet and the South Beach area, which is open for passive recreation uses and is
used in July by participants in the Personal Use Fishery.
Goal 3 – Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss land
use strategies to implement a forward-looking approach to community growth and
development. Objective LU-1 states “Establish siting and design standards so that
development is in harmony and scale with surrounding uses.” In addition, Objective Q-4
states “Promote the siting and design of land uses that are in harmony and scale with
surrounding uses.”
As part of proposed project, the applicants have requested to use an existing airstrip for
limited use for take-off and landing of fixed-wing aircraft and an airship. The existing
airstrip was constructed on property owned by the City of Kenai in an area that is adjacent
to wetlands and coastal dunes.
The existing airstrip is approximately 50 feet wide by approximately 1,900 feet long. In
viewing the subject airstrip, staff observed that it is constructed mostly of grass with some
areas of grasses. The applicant has indicated that they plan to revegetate the airstrip with
Alaska native grasses and flatten out some of the bumps. The applicant does not plan any
other development of the airstrip beyond the area that has already been developed.
Concerning the existing single-family residence, the applicant has not indicated that they
plan to make any enlargements to the structure. They plan to use the existing structure
and associated aircraft hangar to support their airship operations and develop a private
lodge, with a private restaurant as well as private professional offices.
Resolution No. PZ17-14 Conditional Use Permit
Page | 5
Chapter 5.4.6 – Parks, Recreation and Open Space Land Use of the 2030
Comprehensive Plan states in part “The term “open space” includes those areas managed
for parks and recreation, areas zoned for conservation, and undevelopable areas.” The
area of the existing airstrip as well as the areas to the north and east would be considered
open space areas. These areas would be considered mostly undevelopable due to them
being predominantly wetlands as well as migratory bird habitat. While the airstrip may be
considered somewhat of an industrial type use, its location on the subject parcel would be
considered an appropriate use of open space. The applicant has indicated that they do
not plan to construct any structures associated with the airstrip and therefore it would
remain open space when not in use. Given the above discussion, it appears the proposed
development would be in harmony with the 2030 Imagine Kenai Comprehensive Plan.
(4) Public services and facilities are adequate to serve the proposed use.
The subject property is served by a private onsite water well and septic system. The
proposed use of the single-family residence as a Lodge, Restaurant, Professional Office
and limited use Airport and Airstrip would affect the existing septic and water systems.
Therefore, staff recommends a condition to require documentation from the State of
Alaska, Department of Environmental Conservation of approval of the septic and well
systems for the Conditional Uses. City of Kenai police and fire department resources are
sufficient to serve the proposed use.
(5) The proposed use will not be harmful to the public safety, health or welfare.
As discussed above, the applicant seeks to utilize the existing single-family residence and
convert it to an invitation only lodge with a private restaurant and private event facility.
Associated development would also include the development of a professional office and a
private limited use airport and airstrip. The airport and airstrip would utilize the existing
approximately 1,900 foot long airstrip located north of the subject residence and an existing
hangar. The airstrip would support the limited take-off and landing of fixed wing and airship
type aircraft. The airship would be used to support the operations of PRL Logistics, and
would mostly be engaged in operations outside of the City of Kenai. The maximum sized
fixed-wing aircraft that would be operated on the airstrip and placed in the existing hangar
would be a DeHavailland Twin Otter. According to the applicant, the airship could be
placed in a hangar at their adjacent parcel to the east.
The flight path from the airstrip to the hangar would be intended to be a vertical takeoff from
the airstrip to a height to avoid obstacles and then a descent onto the parcel owned by PRL
Logistics to the east for placement into the hangar. The construction of the hangar and
associated development would require the processing of a separate Conditional Use
Permit.
It is anticipated that all take-off’, landing and maneuvering would take place over the waters
of Cook Inlet. Except for safety or weather conditions, there would be no anticipated
maneuvering of the airship or any fixed-wing aircraft over the residences or the wetlands
and migratory bird area adjacent to the subject parcels. Furthermore, concerning noise,
according to information submitted by the applicant the airship would generate between 60
and 70 decibels of sound during take-off from a distance of 300 meters (984 feet).
Conversely, a twin-engine turbine fixed-wing aircraft generates 80 decibels and a jet aircraft
generates in excess of 90 decibels.
Resolution No. PZ17-14 Conditional Use Permit
Page | 6
Therefore, given the above discussion and proposed conversion of an existing
approximately 7,308-square-foot single-family residence, approximately 1,280-square-foot
detached garage and an approximately 2,250-square-foot detached aircraft hangar to a
proposed private Lodge, Professional Office and a private use Airport. As well as the
private limited use of an existing airstrip would not have a harmful impact to the public
safety, health or welfare, provided that all conditions recommended by staff and the
Planning and Zoning Commission are followed.
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. The operation of the Limited Use Airport (Airstrip) shall comply with all regulations of the
United States Department of Transportation, Federal Aviation Administration.
3. The US Army Corps of Engineers shall approve the filling or impact to any wetlands.
4. Prior to operation of the Limited Use Airport (Airstrip) Pacific Rim Logistics, Inc. shall
submit an Operational Plan for review by the City of Kenai. Every two years following the
submittal of the first Operational Plan, a revised Plan shall be submitted to the City of
Kenai for review. Any revisions to the Operational Plan will require approval of the City
Manager before their implementation.
5. The existing Airstrip shall remain a grass surface vegetated with Alaska native grasses
and there shall be no placement of fill material on the subject parcels without an
amendment to the Conditional Use Permit and approval of the Planning and Zoning
Commission.
6. The footprint of the existing Airstrip shall not be expanded without an amendment to the
Conditional Use Permit and approval of the Planning and Zoning Commission.
7. Within 16-months of the issuance of this Conditional Use Permit the existing post and
chain fence line that is fronting the dunes shall be extended south to Royal Street by
Pacific Rim Logistics. The posts and chain fence shall be of similar materials and colors
and shall be subject to inspection by the City of Kenai after their installation.
8. The operation of the Limited Use Airport or Airstrip shall at no time damage or impact the
dune area to the west of the Airstrip. There shall be no construction or the placement of
any material on or in the dune area. Pacific Rim Logistics shall remedy any damages
done to the dunes because of the operation or construction of the Limited Use Airport or
Airstrip to the satisfaction of the City of Kenai.
9. The loading or unloading of all aircraft or airships shall take place during the period
between morning civil twilight and the end of evening civil twilight at the south end of the
existing Airstrip.
Resolution No. PZ17-14 Conditional Use Permit
Page | 7
10. Unless for safety or weather conditions the flight path for all aircraft approaching or
departing the Airstrip shall be located over the waters of Cook Inlet.
11. At no time, shall the use of any aircraft or airships endanger any participants of the
Personal Use Fishery.
12. At no time, shall there be any hazing or disturbing of any migratory birds utilizing the
wetland areas to the north or east of the existing Airstrip.
13. Until such time as a Subdivision Plat is recorded, the use of that portion of Tract B
Dragseth Subdivision and a portion of Government Lots 9 – 15, inclusive, and a portion of
the SE ¼, SE ¼, NE ¼, Section 7, T5N, R11W for a Limited Use Airport and Airstrip shall
be restricted to the area shown on Attachment A.
14. At no time shall members of the public be restricted from accessing the beach area
shown on Attachment A as “Area Reserved for Public Access Easement”.
15. Prior to Operation of the Restaurant or Lodge, the Applicant shall submit documentation
from the State of Alaska, Department of Environmental Conservation of approval for the
septic and water systems for the Conditional Uses.
16. Prior to Operation of the Lodge and or Bed and Breakfast, the City of Kenai Fire Marshal
shall inspect the premises for compliance with the International Fire Code. Thereafter,
the City of Kenai Fire Marshal shall inspect the premises every other year pursuant to
KMC 14.20.321.
17. Until such time as it expires, the Conditional Use Permits shall also be subject to the
Conditions of Approval in the Special Use Permit issued as a part of Resolution No.
2017-20.
18. Loud music and other loud noises related to assemblage shall not occur between the
hours of 8:00 PM and 9:00 AM Sunday through Thursday and 11:00 PM through 9:00 AM
Friday through Saturday.
19. Operation of the Professional Office shall be subject to the requirements of this
Conditional Use Permit.
20. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit an
Annual Report to the City of Kenai.
Resolution No. PZ17-14 Conditional Use Permit
Page | 8
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 OPERATION OF ASSEMBLIES WHICH COULD CONSIST OF WEDDINGS,
PRIVATE PARTIES, AND OTHER OUTDOOR EVENTS WITHIN THE AREA SHOWN ON
ATTACHMENT A 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 24th day of May, 2017.
___________________________
ATTEST: JEFF TWAIT, CHAIRPERSON
_______________________________________
Jamie Heinz, Acting City Clerk
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-15
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE
PROFESSIONAL OFFICES FOR PRL STAFF AND CONTRACTORS AS SET FORTH IN THE
BELOW CONDITIONS OF APPROVAL AND WITHIN THE AREA AS SHOWN ON
ATTACHMENT A.
APPLICANT: Pacific Rim Logistics, Inc.
PROPERTY ADDRESS: 2270 Royal Street
LEGAL DESCRIPTION: Tract A, Dragseth Subdivision 2016 Addition
KENAI PENINSULA BOROUGH PARCEL NO: 0491027
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on April 25, 2017; and,
WHEREAS, the application affects land which is zoned as Rural Residential (RR) and Heavy
Industrial (IH); 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 May 24, 2017; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met; and,
WHEREAS, Kenai Municipal Code 14.20.150 details the intent and application process for
conditional uses and specifies the review criteria that must be satisfied prior to issuing the
permit, which are the following:
(1) The use is consistent with the purpose of this chapter and the purposes and intent of the
zoning district.
The subject parcels are zoned Rural Residential (RR) and Heavy Industrial (IH), and are
therefore subject to the Principal Permitted and Conditional land-uses as shown on KMC
14.22.010 - Land Use Table.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
Resolution No. PZ17-15 Conditional Use Permit
Page | 2
Pursuant to the submitted application, the applicant has requested to convert the existing
approximately 7,308-square-foot single-family residence, approximately 1,280-square-foot
detached garage and an approximately 2,250-square-foot detached aircraft hangar located
on Tract A, Dragseth Subdivision 2016 Addition, to a proposed private Lodge, Professional
Office and a private use Airport. The applicant has also requested to use the existing
approximately 1,900-foot long approximately 50-foot wide airstrip located on a portion of
Tract B, Dragseth Subdivision 2016 Addition, as well as a portion of Government Lots 9 –
15 inclusive, and a portion of the SE ¼, SE ¼, NE ¼, Section 7, T5N, R11W for a limited
use private airport.
As discussed above the proposed project would require the approval of Conditional Use
Permits for the following uses: Airport, Lodge, Assemblies, Professional Office and
Restaurant.
Pursuant to KMC 14.20.320 the above uses are defined as follows:
22.010 – Land Use Table the following uses require a Conditional Use Permit within the
Rural Residential and Heavy Industrial Zone:
“Airport means a location where aircraft such as fixed-wing aircraft, helicopters, and
blimps take off and land. Aircraft may be stored or maintained at an airport. An airport
consists of at least one (1) surface such as a paved or gravel runway, a helicopter
touchdown and lift off (TLOF) area, helipad, or water runway for aircraft takeoffs and
landings, and often includes buildings such as control towers, hangars and terminal
buildings.”
“Lodge means a building or group of buildings containing five (5) or fewer guest rooms
used for the purpose of offering public lodging on a day-to-day basis with or without meals.”
“Assemblage means a large gathering of people for an event such as a concert, fair, or
circus.”
“Office means a room or group of rooms used for conducting the affairs of a business,
profession, service, industry, or government.”
“Restaurant means an establishment where food and drink is prepared, served, and
consumed primarily within the principal building.”
Pursuant to the submitted application, the existing single-family residence would be
converted to serve as a Professional Office for current PRL staff or be utilized by other
businesses on an individual office lease agreement. Use of existing structure as a
Professional Office would also be by other businesses engaged in support of the airship
operations.
The applicant has also stated that the existing single-family residence could be converted
to serve as a private Lodge with a Restaurant. The subject residence contains a large
commercial style kitchen which would be use to serve guests of the Lodge onsite meals.
Furthermore, it is anticipated that the Restaurant would be operated in conjunction with the
Cannery Lodge, which also contains a private Restaurant. While onsite, or if requested,
the Lodge and subject parcel could also be utilized for private events. Events would
include; Weddings and other Private Parties. It is not anticipated that these events would
be open to the public.
Resolution No. PZ17-15 Conditional Use Permit
Page | 3
The airstrip would support a limited use of fixed-wing and airship type aircraft for take-off
and landings. Furthermore, the applicant has indicated that the proposed project would,
help to support their base of operations located at their current PRL Property to provide for
inspections, maintenance, instrumentation checks, pilot and ground crews training to
support the proposed airship activities.
As discussed above, the subject parcel contains an aircraft hangar with a grass airstrip
located to the north. Historically, the previous owners, utilized the subject aircraft hangar
and airstrip for personal use. The use of the airstrip was very limited by the previous
owners.
The City of Kenai Public Works Department and the State of Alaska Department of
Transportation and Public Facilities classify Royal Street as a Local Road. A Local Road is
defined as “Roads that provide access to homes, business, and other property.” Currently,
Royal Street is utilized by the owners of two single-family residential parcels to the South of
the subject parcel and by those participating in the Personal Use Fishery in July. To the
east of the subject parcel is drill pad, which is owned and operated by Hilcorp Alaska for
natural gas exploration. Furthermore, the City of Kenai has installed infrastructure to
support the Personal Use Fishery by constructing an extension of Royal Street to the area
of South Beach. Every July, thousands of people participate in the fishery and pass by the
subject parcel.
Therefore, given the above discussion within the context of the proposed land-use project,
it seems reasonable that the proposed project would be consistent with the intent of KMC
14.20.150 and the intent of the Rural Residential and Heavy Industrial Zoning District with
respect to the proposed use as a Professional Office, Private Lodge, Private Restaurant,
Private Event Center and Private Airport with a limited use Airstrip, given compliance with
staff recommended specific conditions.
(2) The value of the adjoining property and neighborhood will not be significantly impaired.
It is not anticipated that the proposed development would impair the adjoining property in
the area given the historical use of the subject parcel and surrounding parcels. Parcels in
this area are zoned Heavy Industrial and Rural Residential. Historically, parcels in this area
have been used by the oil and gas industry as well as the commercial fishing industry for
fish processing, canning and other fishing related uses. Located east of the subject parcel
is an approximately 12-acre parcel which contained a commercial fishing processing facility
on the bank of the Kenai River. In recent years, this parcel has been converted to a private
resort facility known as the Cannery Lodge which is zoned Heavy Industrial. Further to the
northeast is North Pacific Seafood’s, which is a commercial fishing, processing facility with
a boat storage yard and is zoned Heavy Industrial. The parcel is further bound by property
owned by the City of Kenai and Royal Street, which was extended in 2016 to further
support the Personal Use Fishery. The subject parcel is also bound by an undeveloped
residential parcel to the south and a drill pad owned by Hilcorp Alaska for natural gas
exploration.
Therefore, provided that all conditions recommended by staff and the Planning and Zoning
Commission are followed, staff believes that the value of the adjoining property and
neighborhood will not be significantly impaired.
Resolution No. PZ17-15 Conditional Use Permit
Page | 4
(3) The proposed use is in harmony with the Comprehensive Plan.
The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Low
Density Residential (LDR) and Parks, Recreation & Open Space (PROS). The plan defines
LDR as “Low Density Residential because of poor site conditions is intended for large-lot
single-family residential development. The area will typically be developed with individual
on-site water supply and wastewater disposal systems. Streets will typically be constructed
to rural street standards (i.e., gravel) and sidewalks will not be typically included in the
subdivision design. Rural Residential becomes Low Density Residential to avoid confusion
with zoning category.” The plan also defines PROS as “Parks, Recreation and Open
Space is intended for those public recreation facilities, as well as undeveloped lands that
provide for the conservation of natural or scenic resources. These areas can be used for a
variety of passive and active outdoor and indoor sports and recreational activities. Areas
that may be suitable for future natural resource development may be included in this
category.”
The area of Royal Street is comprised of single-family homes, oil and gas development and
open space. To the east of the subject parcels are commercial fishing processers and a
private resort, lodging, and event facility. The west of the subject parcels is the waters of
the Cook Inlet and the South Beach area, which is open for passive recreation uses and is
used in July by participants in the Personal Use Fishery.
Goal 3 – Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss land
use strategies to implement a forward-looking approach to community growth and
development. Objective LU-1 states “Establish siting and design standards so that
development is in harmony and scale with surrounding uses.” In addition, Objective Q-4
states “Promote the siting and design of land uses that are in harmony and scale with
surrounding uses.”
As part of proposed project, the applicants have requested to use an existing airstrip for
limited use for take-off and landing of fixed-wing aircraft and an airship. The existing
airstrip was constructed on property owned by the City of Kenai in an area that is adjacent
to wetlands and coastal dunes.
The existing airstrip is approximately 50 feet wide by approximately 1,900 feet long. In
viewing the subject airstrip, staff observed that it is constructed mostly of grass with some
areas of grasses. The applicant has indicated that they plan to revegetate the airstrip with
Alaska native grasses and flatten out some of the bumps. The applicant does not plan any
other development of the airstrip beyond the area that has already been developed.
Concerning the existing single-family residence, the applicant has not indicated that they
plan to make any enlargements to the structure. They plan to use the existing structure
and associated aircraft hangar to support their airship operations and develop a private
lodge, with a private restaurant as well as private professional offices.
Chapter 5.4.6 – Parks, Recreation and Open Space Land Use of the 2030
Comprehensive Plan states in part “The term “open space” includes those areas managed
for parks and recreation, areas zoned for conservation, and undevelopable areas.” The
area of the existing airstrip as well as the areas to the north and east would be considered
open space areas. These areas would be considered mostly undevelopable due to them
being predominantly wetlands as well as migratory bird habitat.
Resolution No. PZ17-15 Conditional Use Permit
Page | 5
While the airstrip may be considered somewhat of an industrial type use, its location on
the subject parcel would be considered an appropriate use of open space. The applicant
has indicated that they do not plan to construct any structures associated with the airstrip
and therefore it would remain open space when not in use. Given the above discussion, it
appears the proposed development would be in harmony with the 2030 Imagine Kenai
Comprehensive Plan.
(4) Public services and facilities are adequate to serve the proposed use.
The subject property is served by a private onsite water well and septic system. The
proposed use of the single-family residence as a Lodge, Restaurant, Professional Office
and limited use Airport and Airstrip would affect the existing septic and water systems.
Therefore, staff recommends a condition to require documentation from the State of
Alaska, Department of Environmental Conservation of approval of the septic and well
systems for the Conditional Uses. City of Kenai police and fire department resources are
sufficient to serve the proposed use.
(5) The proposed use will not be harmful to the public safety, health or welfare.
As discussed above, the applicant seeks to utilize the existing single-family residence and
convert it to an invitation only lodge with a private restaurant and private event facility.
Associated development would also include the development of a professional office and a
private limited use airport and airstrip. The airport and airstrip would utilize the existing
approximately 1,900 foot long airstrip located north of the subject residence and an existing
hangar. The airstrip would support the limited take-off and landing of fixed wing and airship
type aircraft. The airship would be used to support the operations of PRL Logistics, and
would mostly be engaged in operations outside of the City of Kenai. The maximum sized
fixed-wing aircraft that would be operated on the airstrip and placed in the existing hangar
would be a DeHavailland Twin Otter. According to the applicant, the airship could be
placed in a hangar at their adjacent parcel to the east.
The flight path from the airstrip to the hangar would be intended to be a vertical takeoff from
the airstrip to a height to avoid obstacles and then a descent onto the parcel owned by PRL
Logistics to the east for placement into the hangar. The construction of the hangar and
associated development would require the processing of a separate Conditional Use
Permit.
It is anticipated that all take-off’, landing and maneuvering would take place over the waters
of Cook Inlet. Except for safety or weather conditions, there would be no anticipated
maneuvering of the airship or any fixed-wing aircraft over the residences or the wetlands
and migratory bird area adjacent to the subject parcels. Furthermore, concerning noise,
according to information submitted by the applicant the airship would generate between 60
and 70 decibels of sound during take-off from a distance of 300 meters (984 feet).
Conversely, a twin-engine turbine fixed-wing aircraft generates 80 decibels and a jet aircraft
generates in excess of 90 decibels.
Therefore, given the above discussion and proposed conversion of an existing
approximately 7,308-square-foot single-family residence, approximately 1,280-square-foot
detached garage and an approximately 2,250-square-foot detached aircraft hangar to a
proposed private Lodge, Professional Office and a private use Airport.
Resolution No. PZ17-15 Conditional Use Permit
Page | 6
As well as the private limited use of an existing airstrip would not have a harmful impact to
the public safety, health or welfare, provided that all conditions recommended by staff and
the Planning and Zoning Commission are followed.
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. The operation of the Limited Use Airport (Airstrip) shall comply with all regulations of the
United States Department of Transportation, Federal Aviation Administration.
3. The US Army Corps of Engineers shall approve the filling or impact to any wetlands.
4. Prior to operation of the Limited Use Airport (Airstrip) Pacific Rim Logistics, Inc. shall
submit an Operational Plan for review by the City of Kenai. Every two years following the
submittal of the first Operational Plan, a revised Plan shall be submitted to the City of
Kenai for review. Any revisions to the Operational Plan will require approval of the City
Manager before their implementation.
5. The existing Airstrip shall remain a grass surface vegetated with Alaska native grasses
and there shall be no placement of fill material on the subject parcels without an
amendment to the Conditional Use Permit and approval of the Planning and Zoning
Commission.
6. The footprint of the existing Airstrip shall not be expanded without an amendment to the
Conditional Use Permit and approval of the Planning and Zoning Commission.
7. Within 16-months of the issuance of this Conditional Use Permit the existing post and
chain fence line that is fronting the dunes shall be extended south to Royal Street by
Pacific Rim Logistics. The posts and chain fence shall be of similar materials and colors
and shall be subject to inspection by the City of Kenai after their installation.
8. The operation of the Limited Use Airport or Airstrip shall at no time damage or impact the
dune area to the west of the Airstrip. There shall be no construction or the placement of
any material on or in the dune area. Pacific Rim Logistics shall remedy any damages
done to the dunes because of the operation or construction of the Limited Use Airport or
Airstrip to the satisfaction of the City of Kenai.
9. The loading or unloading of all aircraft or airships shall take place during the period
between morning civil twilight and the end of evening civil twilight at the south end of the
existing Airstrip.
10. Unless for safety or weather conditions the flight path for all aircraft approaching or
departing the Airstrip shall be located over the waters of Cook Inlet.
Resolution No. PZ17-15 Conditional Use Permit
Page | 7
11. At no time, shall the use of any aircraft or airships endanger any participants of the
Personal Use Fishery.
12. At no time, shall there be any hazing or disturbing of any migratory birds utilizing the
wetland areas to the north or east of the existing Airstrip.
13. Until such time as a Subdivision Plat is recorded, the use of that portion of Tract B
Dragseth Subdivision and a portion of Government Lots 9 – 15, inclusive, and a portion of
the SE ¼, SE ¼, NE ¼, Section 7, T5N, R11W for a Limited Use Airport and Airstrip shall
be restricted to the area shown on Attachment A.
14. At no time shall members of the public be restricted from accessing the beach area
shown on Attachment A as “Area Reserved for Public Access Easement”.
15. Prior to Operation of the Restaurant or Lodge, the Applicant shall submit documentation
from the State of Alaska, Department of Environmental Conservation of approval for the
septic and water systems for the Conditional Uses.
16. Prior to Operation of the Lodge and or Bed and Breakfast, the City of Kenai Fire Marshal
shall inspect the premises for compliance with the International Fire Code. Thereafter,
the City of Kenai Fire Marshal shall inspect the premises every other year pursuant to
KMC 14.20.321.
17. Until such time as it expires, the Conditional Use Permits shall also be subject to the
Conditions of Approval in the Special Use Permit issued as a part of Resolution No.
2017-20.
18. Loud music and other loud noises related to assemblage shall not occur between the
hours of 8:00 PM and 9:00 AM Sunday through Thursday and 11:00 PM through 9:00 AM
Friday through Saturday.
19. Operation of the Professional Office shall be subject to the requirements of this
Conditional Use Permit.
20. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit an
Annual Report to the City of Kenai.
Resolution No. PZ17-15 Conditional Use Permit
Page | 8
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 OPERATION OF PROFESSIONAL OFFICES FOR PRL STAFF AND
CONTRACTORS WITHIN THE AREA SHOWN ON ATTACHMENT A 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 24th day of May, 2017.
___________________________
ATTEST: JEFF TWAIT, CHAIRPERSON
_______________________________________
Jamie Heinz, Acting City Clerk
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-16
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A
RESTAURANT AND MOBILE CONCESSION AS SET FORTH IN THE BELOW CONDITIONS
OF APPROVAL AND WITHIN THE AREA AS SHOWN ON ATTACHMENT A.
APPLICANT: Pacific Rim Logistics, Inc.
PROPERTY ADDRESS: 2270 Royal Street
LEGAL DESCRIPTION: Tract A, Dragseth Subdivision 2016 Addition
KENAI PENINSULA BOROUGH PARCEL NO: 0491027
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on April 25, 2017; and,
WHEREAS, the application affects land which is zoned as Rural Residential (RR) and Heavy
Industrial (IH); 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 May 24, 2017; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met; and,
WHEREAS, Kenai Municipal Code 14.20.150 details the intent and application process for
conditional uses and specifies the review criteria that must be satisfied prior to issuing the
permit, which are the following:
(1) The use is consistent with the purpose of this chapter and the purposes and intent of the
zoning district.
The subject parcels are zoned Rural Residential (RR) and Heavy Industrial (IH), and are
therefore subject to the Principal Permitted and Conditional land-uses as shown on KMC
14.22.010 - Land Use Table.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
Resolution No. PZ17-16 Conditional Use Permit
Page | 2
Pursuant to the submitted application, the applicant has requested to convert the existing
approximately 7,308-square-foot single-family residence, approximately 1,280-square-foot
detached garage and an approximately 2,250-square-foot detached aircraft hangar located
on Tract A, Dragseth Subdivision 2016 Addition, to a proposed private Lodge, Professional
Office and a private use Airport. The applicant has also requested to use the existing
approximately 1,900-foot long approximately 50-foot wide airstrip located on a portion of
Tract B, Dragseth Subdivision 2016 Addition, as well as a portion of Government Lots 9 –
15 inclusive, and a portion of the SE ¼, SE ¼, NE ¼, Section 7, T5N, R11W for a limited
use private airport.
As discussed above the proposed project would require the approval of Conditional Use
Permits for the following uses: Airport, Lodge, Assemblies, Professional Office and
Restaurant.
Pursuant to KMC 14.20.320 the above uses are defined as follows:
22.010 – Land Use Table the following uses require a Conditional Use Permit within the
Rural Residential and Heavy Industrial Zone:
“Airport means a location where aircraft such as fixed-wing aircraft, helicopters, and
blimps take off and land. Aircraft may be stored or maintained at an airport. An airport
consists of at least one (1) surface such as a paved or gravel runway, a helicopter
touchdown and lift off (TLOF) area, helipad, or water runway for aircraft takeoffs and
landings, and often includes buildings such as control towers, hangars and terminal
buildings.”
“Lodge means a building or group of buildings containing five (5) or fewer guest rooms
used for the purpose of offering public lodging on a day-to-day basis with or without meals.”
“Assemblage means a large gathering of people for an event such as a concert, fair, or
circus.”
“Office means a room or group of rooms used for conducting the affairs of a business,
profession, service, industry, or government.”
“Restaurant means an establishment where food and drink is prepared, served, and
consumed primarily within the principal building.”
Pursuant to the submitted application, the existing single-family residence would be
converted to serve as a Professional Office for current PRL staff or be utilized by other
businesses on an individual office lease agreement. Use of existing structure as a
Professional Office would also be by other businesses engaged in support of the airship
operations.
The applicant has also stated that the existing single-family residence could be converted
to serve as a private Lodge with a Restaurant. The subject residence contains a large
commercial style kitchen which would be use to serve guests of the Lodge onsite meals.
Furthermore, it is anticipated that the Restaurant would be operated in conjunction with the
Cannery Lodge, which also contains a private Restaurant. While onsite, or if requested,
the Lodge and subject parcel could also be utilized for private events. Events would
include; Weddings and other Private Parties. It is not anticipated that these events would
be open to the public.
Resolution No. PZ17-16 Conditional Use Permit
Page | 3
The airstrip would support a limited use of fixed-wing and airship type aircraft for take-off
and landings. Furthermore, the applicant has indicated that the proposed project would,
help to support their base of operations located at their current PRL Property to provide for
inspections, maintenance, instrumentation checks, pilot and ground crews training to
support the proposed airship activities.
As discussed above, the subject parcel contains an aircraft hangar with a grass airstrip
located to the north. Historically, the previous owners, utilized the subject aircraft hangar
and airstrip for personal use. The use of the airstrip was very limited by the previous
owners.
The City of Kenai Public Works Department and the State of Alaska Department of
Transportation and Public Facilities classify Royal Street as a Local Road. A Local Road is
defined as “Roads that provide access to homes, business, and other property.” Currently,
Royal Street is utilized by the owners of two single-family residential parcels to the South of
the subject parcel and by those participating in the Personal Use Fishery in July. To the
east of the subject parcel is drill pad, which is owned and operated by Hilcorp Alaska for
natural gas exploration. Furthermore, the City of Kenai has installed infrastructure to
support the Personal Use Fishery by constructing an extension of Royal Street to the area
of South Beach. Every July, thousands of people participate in the fishery and pass by the
subject parcel.
Therefore, given the above discussion within the context of the proposed land-use project,
it seems reasonable that the proposed project would be consistent with the intent of KMC
14.20.150 and the intent of the Rural Residential and Heavy Industrial Zoning District with
respect to the proposed use as a Professional Office, Private Lodge, Private Restaurant,
Private Event Center and Private Airport with a limited use Airstrip, given compliance with
staff recommended specific conditions.
(2) The value of the adjoining property and neighborhood will not be significantly impaired.
It is not anticipated that the proposed development would impair the adjoining property in
the area given the historical use of the subject parcel and surrounding parcels. Parcels in
this area are zoned Heavy Industrial and Rural Residential. Historically, parcels in this area
have been used by the oil and gas industry as well as the commercial fishing industry for
fish processing, canning and other fishing related uses. Located east of the subject parcel
is an approximately 12-acre parcel which contained a commercial fishing processing facility
on the bank of the Kenai River. In recent years, this parcel has been converted to a private
resort facility known as the Cannery Lodge which is zoned Heavy Industrial. Further to the
northeast is North Pacific Seafood’s, which is a commercial fishing, processing facility with
a boat storage yard and is zoned Heavy Industrial. The parcel is further bound by property
owned by the City of Kenai and Royal Street, which was extended in 2016 to further
support the Personal Use Fishery. The subject parcel is also bound by an undeveloped
residential parcel to the south and a drill pad owned by Hilcorp Alaska for natural gas
exploration.
Therefore, provided that all conditions recommended by staff and the Planning and Zoning
Commission are followed, staff believes that the value of the adjoining property and
neighborhood will not be significantly impaired.
Resolution No. PZ17-16 Conditional Use Permit
Page | 4
(3) The proposed use is in harmony with the Comprehensive Plan.
The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Low
Density Residential (LDR) and Parks, Recreation & Open Space (PROS). The plan defines
LDR as “Low Density Residential because of poor site conditions is intended for large-lot
single-family residential development. The area will typically be developed with individual
on-site water supply and wastewater disposal systems. Streets will typically be constructed
to rural street standards (i.e., gravel) and sidewalks will not be typically included in the
subdivision design. Rural Residential becomes Low Density Residential to avoid confusion
with zoning category.” The plan also defines PROS as “Parks, Recreation and Open
Space is intended for those public recreation facilities, as well as undeveloped lands that
provide for the conservation of natural or scenic resources. These areas can be used for a
variety of passive and active outdoor and indoor sports and recreational activities. Areas
that may be suitable for future natural resource development may be included in this
category.”
The area of Royal Street is comprised of single-family homes, oil and gas development and
open space. To the east of the subject parcels are commercial fishing processers and a
private resort, lodging, and event facility. The west of the subject parcels is the waters of
the Cook Inlet and the South Beach area, which is open for passive recreation uses and is
used in July by participants in the Personal Use Fishery.
Goal 3 – Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss land
use strategies to implement a forward-looking approach to community growth and
development. Objective LU-1 states “Establish siting and design standards so that
development is in harmony and scale with surrounding uses.” In addition, Objective Q-4
states “Promote the siting and design of land uses that are in harmony and scale with
surrounding uses.”
As part of proposed project, the applicants have requested to use an existing airstrip for
limited use for take-off and landing of fixed-wing aircraft and an airship. The existing
airstrip was constructed on property owned by the City of Kenai in an area that is adjacent
to wetlands and coastal dunes.
The existing airstrip is approximately 50 feet wide by approximately 1,900 feet long. In
viewing the subject airstrip, staff observed that it is constructed mostly of grass with some
areas of grasses. The applicant has indicated that they plan to revegetate the airstrip with
Alaska native grasses and flatten out some of the bumps. The applicant does not plan any
other development of the airstrip beyond the area that has already been developed.
Concerning the existing single-family residence, the applicant has not indicated that they
plan to make any enlargements to the structure. They plan to use the existing structure
and associated aircraft hangar to support their airship operations and develop a private
lodge, with a private restaurant as well as private professional offices.
Chapter 5.4.6 – Parks, Recreation and Open Space Land Use of the 2030
Comprehensive Plan states in part “The term “open space” includes those areas managed
for parks and recreation, areas zoned for conservation, and undevelopable areas.” The
area of the existing airstrip as well as the areas to the north and east would be considered
open space areas. These areas would be considered mostly undevelopable due to them
being predominantly wetlands as well as migratory bird habitat.
Resolution No. PZ17-16 Conditional Use Permit
Page | 5
While the airstrip may be considered somewhat of an industrial type use, its location on
the subject parcel would be considered an appropriate use of open space. The applicant
has indicated that they do not plan to construct any structures associated with the airstrip
and therefore it would remain open space when not in use. Given the above discussion, it
appears the proposed development would be in harmony with the 2030 Imagine Kenai
Comprehensive Plan.
(4) Public services and facilities are adequate to serve the proposed use.
The subject property is served by a private onsite water well and septic system. The
proposed use of the single-family residence as a Lodge, Restaurant, Professional Office
and limited use Airport and Airstrip would affect the existing septic and water systems.
Therefore, staff recommends a condition to require documentation from the State of
Alaska, Department of Environmental Conservation of approval of the septic and well
systems for the Conditional Uses. City of Kenai police and fire department resources are
sufficient to serve the proposed use.
(5) The proposed use will not be harmful to the public safety, health or welfare.
As discussed above, the applicant seeks to utilize the existing single-family residence and
convert it to an invitation only lodge with a private restaurant and private event facility.
Associated development would also include the development of a professional office and a
private limited use airport and airstrip. The airport and airstrip would utilize the existing
approximately 1,900 foot long airstrip located north of the subject residence and an existing
hangar. The airstrip would support the limited take-off and landing of fixed wing and airship
type aircraft. The airship would be used to support the operations of PRL Logistics, and
would mostly be engaged in operations outside of the City of Kenai. The maximum sized
fixed-wing aircraft that would be operated on the airstrip and placed in the existing hangar
would be a DeHavailland Twin Otter. According to the applicant, the airship could be
placed in a hangar at their adjacent parcel to the east.
The flight path from the airstrip to the hangar would be intended to be a vertical takeoff from
the airstrip to a height to avoid obstacles and then a descent onto the parcel owned by PRL
Logistics to the east for placement into the hangar. The construction of the hangar and
associated development would require the processing of a separate Conditional Use
Permit.
It is anticipated that all take-off’, landing and maneuvering would take place over the waters
of Cook Inlet. Except for safety or weather conditions, there would be no anticipated
maneuvering of the airship or any fixed-wing aircraft over the residences or the wetlands
and migratory bird area adjacent to the subject parcels. Furthermore, concerning noise,
according to information submitted by the applicant the airship would generate between 60
and 70 decibels of sound during take-off from a distance of 300 meters (984 feet).
Conversely, a twin-engine turbine fixed-wing aircraft generates 80 decibels and a jet aircraft
generates in excess of 90 decibels.
Therefore, given the above discussion and proposed conversion of an existing
approximately 7,308-square-foot single-family residence, approximately 1,280-square-foot
detached garage and an approximately 2,250-square-foot detached aircraft hangar to a
proposed private Lodge, Professional Office and a private use Airport.
Resolution No. PZ17-16 Conditional Use Permit
Page | 6
As well as the private limited use of an existing airstrip would not have a harmful impact to
the public safety, health or welfare, provided that all conditions recommended by staff and
the Planning and Zoning Commission are followed.
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. The operation of the Limited Use Airport (Airstrip) shall comply with all regulations of the
United States Department of Transportation, Federal Aviation Administration.
3. The US Army Corps of Engineers shall approve the filling or impact to any wetlands.
4. Prior to operation of the Limited Use Airport (Airstrip) Pacific Rim Logistics, Inc. shall
submit an Operational Plan for review by the City of Kenai. Every two years following the
submittal of the first Operational Plan, a revised Plan shall be submitted to the City of
Kenai for review. Any revisions to the Operational Plan will require approval of the City
Manager before their implementation.
5. The existing Airstrip shall remain a grass surface vegetated with Alaska native grasses
and there shall be no placement of fill material on the subject parcels without an
amendment to the Conditional Use Permit and approval of the Planning and Zoning
Commission.
6. The footprint of the existing Airstrip shall not be expanded without an amendment to the
Conditional Use Permit and approval of the Planning and Zoning Commission.
7. Within 16-months of the issuance of this Conditional Use Permit the existing post and
chain fence line that is fronting the dunes shall be extended south to Royal Street by
Pacific Rim Logistics. The posts and chain fence shall be of similar materials and colors
and shall be subject to inspection by the City of Kenai after their installation.
8. The operation of the Limited Use Airport or Airstrip shall at no time damage or impact the
dune area to the west of the Airstrip. There shall be no construction or the placement of
any material on or in the dune area. Pacific Rim Logistics shall remedy any damages
done to the dunes because of the operation or construction of the Limited Use Airport or
Airstrip to the satisfaction of the City of Kenai.
9. The loading or unloading of all aircraft or airships shall take place during the period
between morning civil twilight and the end of evening civil twilight at the south end of the
existing Airstrip.
10. Unless for safety or weather conditions the flight path for all aircraft approaching or
departing the Airstrip shall be located over the waters of Cook Inlet.
Resolution No. PZ17-16 Conditional Use Permit
Page | 7
11. At no time, shall the use of any aircraft or airships endanger any participants of the
Personal Use Fishery.
12. At no time, shall there be any hazing or disturbing of any migratory birds utilizing the
wetland areas to the north or east of the existing Airstrip.
13. Until such time as a Subdivision Plat is recorded, the use of that portion of Tract B
Dragseth Subdivision and a portion of Government Lots 9 – 15, inclusive, and a portion of
the SE ¼, SE ¼, NE ¼, Section 7, T5N, R11W for a Limited Use Airport and Airstrip shall
be restricted to the area shown on Attachment A.
14. At no time shall members of the public be restricted from accessing the beach area
shown on Attachment A as “Area Reserved for Public Access Easement”.
15. Prior to Operation of the Restaurant or Lodge, the Applicant shall submit documentation
from the State of Alaska, Department of Environmental Conservation of approval for the
septic and water systems for the Conditional Uses.
16. Prior to Operation of the Lodge and or Bed and Breakfast, the City of Kenai Fire Marshal
shall inspect the premises for compliance with the International Fire Code. Thereafter,
the City of Kenai Fire Marshal shall inspect the premises every other year pursuant to
KMC 14.20.321.
17. Until such time as it expires, the Conditional Use Permits shall also be subject to the
Conditions of Approval in the Special Use Permit issued as a part of Resolution No.
2017-20.
18. Loud music and other loud noises related to assemblage shall not occur between the
hours of 8:00 PM and 9:00 AM Sunday through Thursday and 11:00 PM through 9:00 AM
Friday through Saturday.
19. Operation of the Professional Office shall be subject to the requirements of this
Conditional Use Permit.
20. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit an
Annual Report to the City of Kenai.
Resolution No. PZ17-16 Conditional Use Permit
Page | 8
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 OPERATION OF A RESTAURANT AND MOBILE CONCESSION WITHIN
THE AREA SHOWN ON ATTACHMENT A 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 24th day of May, 2017.
___________________________
ATTEST: JEFF TWAIT, CHAIRPERSON
_______________________________________
Jamie Heinz, Acting City Clerk
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-19
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE AN AIRPORT
TO UTILIZED FOR SMALL AIRCRAFT, AIRSHIP OPERATIONS, CARGO LOADING AND
UNLOADING, LIGHT MAINTENANCE FOR SMALL AIRCRAFT AND FUELING AS SET
FORTH IN THE BELOW CONDITIONS OF APPROVAL AND WITHIN THE AREA AS SHOWN
ON ATTACHMENT A.
APPLICANT: Pacific Rim Logistics, Inc.
PROPERTY ADDRESS: 2270 Royal Street
LEGAL DESCRIPTION: Tract A and a portion of Tract B, Dragseth Subdivision and a portion
of Government Lots 9 – 15, inclusive and a portion of the SE ¼, SE ¼, NE ¼, Section 7, T5N,
R11W
KENAI PENINSULA BOROUGH PARCEL NO: 0491027, 0491028, 04910051
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on April 25, 2017; and,
WHEREAS, the application affects land which is zoned as Rural Residential (RR) and Heavy
Industrial (IH); 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 May 24, 2017; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met; and,
WHEREAS, Kenai Municipal Code 14.20.150 details the intent and application process for
conditional uses and specifies the review criteria that must be satisfied prior to issuing the
permit, which are the following:
(1) 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.kenai.city
Resolution No. PZ17-19 Conditional Use Permit
Page | 2
The subject parcels are zoned Rural Residential (RR) and Heavy Industrial (IH), and are
therefore subject to the Principal Permitted and Conditional land-uses as shown on KMC
14.22.010 - Land Use Table. Pursuant to the submitted application, the applicant has
requested to convert the existing approximately 7,308-square-foot single-family residence,
approximately 1,280-square-foot detached garage and an approximately 2,250-square-foot
detached aircraft hangar located on Tract A, Dragseth Subdivision 2016 Addition, to a
proposed private Lodge, Professional Office and a private use Airport. The applicant has
also requested to use the existing approximately 1,900-foot long approximately 50-foot
wide airstrip located on a portion of Tract B, Dragseth Subdivision 2016 Addition, as well as
a portion of Government Lots 9 – 15 inclusive, and a portion of the SE ¼, SE ¼, NE ¼,
Section 7, T5N, R11W for a limited use private airport.
As discussed above the proposed project would require the approval of Conditional Use
Permits for the following uses: Airport, Lodge, Assemblies, Professional Office and
Restaurant.
Pursuant to KMC 14.20.320 the above uses are defined as follows:
22.010 – Land Use Table the following uses require a Conditional Use Permit within the
Rural Residential and Heavy Industrial Zone:
“Airport means a location where aircraft such as fixed-wing aircraft, helicopters, and
blimps take off and land. Aircraft may be stored or maintained at an airport. An airport
consists of at least one (1) surface such as a paved or gravel runway, a helicopter
touchdown and lift off (TLOF) area, helipad, or water runway for aircraft takeoffs and
landings, and often includes buildings such as control towers, hangars and terminal
buildings.”
“Lodge means a building or group of buildings containing five (5) or fewer guest rooms
used for the purpose of offering public lodging on a day-to-day basis with or without meals.”
“Assemblage means a large gathering of people for an event such as a concert, fair, or
circus.”
“Office means a room or group of rooms used for conducting the affairs of a business,
profession, service, industry, or government.”
“Restaurant means an establishment where food and drink is prepared, served, and
consumed primarily within the principal building.”
Pursuant to the submitted application, the existing single-family residence would be
converted to serve as a Professional Office for current PRL staff or be utilized by other
businesses on an individual office lease agreement. Use of existing structure as a
Professional Office would also be by other businesses engaged in support of the airship
operations.
The applicant has also stated that the existing single-family residence could be converted
to serve as a private Lodge with a Restaurant. The subject residence contains a large
commercial style kitchen which would be use to serve guests of the Lodge onsite meals.
Furthermore, it is anticipated that the Restaurant would be operated in conjunction with the
Cannery Lodge, which also contains a private Restaurant. While onsite, or if requested,
the Lodge and subject parcel could also be utilized for private events.
Resolution No. PZ17-19 Conditional Use Permit
Page | 3
Events would include; Weddings and other Private Parties. It is not anticipated that these
events would be open to the public.
The airstrip would support a limited use of fixed-wing and airship type aircraft for take-off
and landings. Furthermore, the applicant has indicated that the proposed project would,
help to support their base of operations located at their current PRL Property to provide for
inspections, maintenance, instrumentation checks, pilot and ground crews training to
support the proposed airship activities.
As discussed above, the subject parcel contains an aircraft hangar with a grass airstrip
located to the north. Historically, the previous owners, utilized the subject aircraft hangar
and airstrip for personal use. The use of the airstrip was very limited by the previous
owners.
The City of Kenai Public Works Department and the State of Alaska Department of
Transportation and Public Facilities classify Royal Street as a Local Road. A Local Road is
defined as “Roads that provide access to homes, business, and other property.” Currently,
Royal Street is utilized by the owners of two single-family residential parcels to the South of
the subject parcel and by those participating in the Personal Use Fishery in July. To the
east of the subject parcel is drill pad, which is owned and operated by Hilcorp Alaska for
natural gas exploration. Furthermore, the City of Kenai has installed infrastructure to
support the Personal Use Fishery by constructing an extension of Royal Street to the area
of South Beach. Every July, thousands of people participate in the fishery and pass by the
subject parcel.
Therefore, given the above discussion within the context of the proposed land-use project,
it seems reasonable that the proposed project would be consistent with the intent of KMC
14.20.150 and the intent of the Rural Residential and Heavy Industrial Zoning District with
respect to the proposed use as a Professional Office, Private Lodge, Private Restaurant,
Private Event Center and Private Airport with a limited use Airstrip, given compliance with
staff recommended specific conditions.
(2) The value of the adjoining property and neighborhood will not be significantly impaired.
It is not anticipated that the proposed development would impair the adjoining property in
the area given the historical use of the subject parcel and surrounding parcels. Parcels in
this area are zoned Heavy Industrial and Rural Residential. Historically, parcels in this area
have been used by the oil and gas industry as well as the commercial fishing industry for
fish processing, canning and other fishing related uses. Located east of the subject parcel
is an approximately 12-acre parcel which contained a commercial fishing processing facility
on the bank of the Kenai River. In recent years, this parcel has been converted to a private
resort facility known as the Cannery Lodge which is zoned Heavy Industrial. Further to the
northeast is North Pacific Seafood’s, which is a commercial fishing, processing facility with
a boat storage yard and is zoned Heavy Industrial. The parcel is further bound by property
owned by the City of Kenai and Royal Street, which was extended in 2016 to further
support the Personal Use Fishery. The subject parcel is also bound by an undeveloped
residential parcel to the south and a drill pad owned by Hilcorp Alaska for natural gas
exploration.
Resolution No. PZ17-19 Conditional Use Permit
Page | 4
Therefore, provided that all conditions recommended by staff and the Planning and Zoning
Commission are followed, staff believes that the value of the adjoining property and
neighborhood will not be significantly impaired.
(3) The proposed use is in harmony with the Comprehensive Plan.
The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Low
Density Residential (LDR) and Parks, Recreation & Open Space (PROS). The plan defines
LDR as “Low Density Residential because of poor site conditions is intended for large-lot
single-family residential development. The area will typically be developed with individual
on-site water supply and wastewater disposal systems. Streets will typically be constructed
to rural street standards (i.e., gravel) and sidewalks will not be typically included in the
subdivision design. Rural Residential becomes Low Density Residential to avoid confusion
with zoning category.” The plan also defines PROS as “Parks, Recreation and Open
Space is intended for those public recreation facilities, as well as undeveloped lands that
provide for the conservation of natural or scenic resources. These areas can be used for a
variety of passive and active outdoor and indoor sports and recreational activities. Areas
that may be suitable for future natural resource development may be included in this
category.”
The area of Royal Street is comprised of single-family homes, oil and gas development and
open space. To the east of the subject parcels are commercial fishing processers and a
private resort, lodging, and event facility. The west of the subject parcels is the waters of
the Cook Inlet and the South Beach area, which is open for passive recreation uses and is
used in July by participants in the Personal Use Fishery.
Goal 3 – Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss land
use strategies to implement a forward-looking approach to community growth and
development. Objective LU-1 states “Establish siting and design standards so that
development is in harmony and scale with surrounding uses.” In addition, Objective Q-4
states “Promote the siting and design of land uses that are in harmony and scale with
surrounding uses.”
As part of proposed project, the applicants have requested to use an existing airstrip for
limited use for take-off and landing of fixed-wing aircraft and an airship. The existing
airstrip was constructed on property owned by the City of Kenai in an area that is adjacent
to wetlands and coastal dunes.
The existing airstrip is approximately 50 feet wide by approximately 1,900 feet long. In
viewing the subject airstrip, staff observed that it is constructed mostly of grass with some
areas of grasses. The applicant has indicated that they plan to revegetate the airstrip with
Alaska native grasses and flatten out some of the bumps. The applicant does not plan any
other development of the airstrip beyond the area that has already been developed.
Concerning the existing single-family residence, the applicant has not indicated that they
plan to make any enlargements to the structure. They plan to use the existing structure
and associated aircraft hangar to support their airship operations and develop a private
lodge, with a private restaurant as well as private professional offices.
Resolution No. PZ17-19 Conditional Use Permit
Page | 5
Chapter 5.4.6 – Parks, Recreation and Open Space Land Use of the 2030
Comprehensive Plan states in part “The term “open space” includes those areas managed
for parks and recreation, areas zoned for conservation, and undevelopable areas.” The
area of the existing airstrip as well as the areas to the north and east would be considered
open space areas. These areas would be considered mostly undevelopable due to them
being predominantly wetlands as well as migratory bird habitat. While the airstrip may be
considered somewhat of an industrial type use, its location on the subject parcel would be
considered an appropriate use of open space. The applicant has indicated that they do
not plan to construct any structures associated with the airstrip and therefore it would
remain open space when not in use. Given the above discussion, it appears the proposed
development would be in harmony with the 2030 Imagine Kenai Comprehensive Plan.
(4) Public services and facilities are adequate to serve the proposed use.
The subject property is served by a private onsite water well and septic system. The
proposed use of the single-family residence as a Lodge, Restaurant, Professional Office
and limited use Airport and Airstrip would affect the existing septic and water systems.
Therefore, staff recommends a condition to require documentation from the State of
Alaska, Department of Environmental Conservation of approval of the septic and well
systems for the Conditional Uses. City of Kenai police and fire department resources are
sufficient to serve the proposed use.
(5) The proposed use will not be harmful to the public safety, health or welfare.
As discussed above, the applicant seeks to utilize the existing single-family residence and
convert it to an invitation only lodge with a private restaurant and private event facility.
Associated development would also include the development of a professional office and a
private limited use airport and airstrip. The airport and airstrip would utilize the existing
approximately 1,900 foot long airstrip located north of the subject residence and an existing
hangar. The airstrip would support the limited take-off and landing of fixed wing and airship
type aircraft. The airship would be used to support the operations of PRL Logistics, and
would mostly be engaged in operations outside of the City of Kenai. The maximum sized
fixed-wing aircraft that would be operated on the airstrip and placed in the existing hangar
would be a DeHavailland Twin Otter. According to the applicant, the airship could be
placed in a hangar at their adjacent parcel to the east.
The flight path from the airstrip to the hangar would be intended to be a vertical takeoff from
the airstrip to a height to avoid obstacles and then a descent onto the parcel owned by PRL
Logistics to the east for placement into the hangar. The construction of the hangar and
associated development would require the processing of a separate Conditional Use
Permit.
It is anticipated that all take-off’, landing and maneuvering would take place over the waters
of Cook Inlet. Except for safety or weather conditions, there would be no anticipated
maneuvering of the airship or any fixed-wing aircraft over the residences or the wetlands
and migratory bird area adjacent to the subject parcels. Furthermore, concerning noise,
according to information submitted by the applicant the airship would generate between 60
and 70 decibels of sound during take-off from a distance of 300 meters (984 feet).
Conversely, a twin-engine turbine fixed-wing aircraft generates 80 decibels and a jet aircraft
generates in excess of 90 decibels.
Resolution No. PZ17-19 Conditional Use Permit
Page | 6
Therefore, given the above discussion and proposed conversion of an existing
approximately 7,308-square-foot single-family residence, approximately 1,280-square-foot
detached garage and an approximately 2,250-square-foot detached aircraft hangar to a
proposed private Lodge, Professional Office and a private use Airport. As well as the
private limited use of an existing airstrip would not have a harmful impact to the public
safety, health or welfare, provided that all conditions recommended by staff and the
Planning and Zoning Commission are followed.
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. The operation of the Limited Use Airport (Airstrip) shall comply with all regulations of the
United States Department of Transportation, Federal Aviation Administration.
3. The US Army Corps of Engineers shall approve the filling or impact to any wetlands.
4. Prior to operation of the Limited Use Airport (Airstrip) Pacific Rim Logistics, Inc. shall
submit an Operational Plan for review by the City of Kenai. Every two years following the
submittal of the first Operational Plan, a revised Plan shall be submitted to the City of
Kenai for review. Any revisions to the Operational Plan will require approval of the City
Manager before their implementation.
5. The existing Airstrip shall remain a grass surface vegetated with Alaska native grasses
and there shall be no placement of fill material on the subject parcels without an
amendment to the Conditional Use Permit and approval of the Planning and Zoning
Commission.
6. The footprint of the existing Airstrip shall not be expanded without an amendment to the
Conditional Use Permit and approval of the Planning and Zoning Commission.
7. Within 16-months of the issuance of this Conditional Use Permit the existing post and
chain fence line that is fronting the dunes shall be extended south to Royal Street by
Pacific Rim Logistics. The posts and chain fence shall be of similar materials and colors
and shall be subject to inspection by the City of Kenai after their installation.
8. The operation of the Limited Use Airport or Airstrip shall at no time damage or impact the
dune area to the west of the Airstrip. There shall be no construction or the placement of
any material on or in the dune area. Pacific Rim Logistics shall remedy any damages
done to the dunes because of the operation or construction of the Limited Use Airport or
Airstrip to the satisfaction of the City of Kenai.
9. The loading or unloading of all aircraft or airships shall take place during the period
between morning civil twilight and the end of evening civil twilight at the south end of the
existing Airstrip.
Resolution No. PZ17-19 Conditional Use Permit
Page | 7
10. Unless for safety or weather conditions the flight path for all aircraft approaching or
departing the Airstrip shall be located over the waters of Cook Inlet.
11. At no time, shall the use of any aircraft or airships endanger any participants of the
Personal Use Fishery.
12. At no time, shall there be any hazing or disturbing of any migratory birds utilizing the
wetland areas to the north or east of the existing Airstrip.
13. Until such time as a Subdivision Plat is recorded, the use of that portion of Tract B
Dragseth Subdivision and a portion of Government Lots 9 – 15, inclusive, and a portion of
the SE ¼, SE ¼, NE ¼, Section 7, T5N, R11W for a Limited Use Airport and Airstrip shall
be restricted to the area shown on Attachment A.
14. At no time shall members of the public be restricted from accessing the beach area
shown on Attachment A as “Area Reserved for Public Access Easement”.
15. Prior to Operation of the Restaurant or Lodge, the Applicant shall submit documentation
from the State of Alaska, Department of Environmental Conservation of approval for the
septic and water systems for the Conditional Uses.
16. Prior to Operation of the Lodge and or Bed and Breakfast, the City of Kenai Fire Marshal
shall inspect the premises for compliance with the International Fire Code. Thereafter,
the City of Kenai Fire Marshal shall inspect the premises every other year pursuant to
KMC 14.20.321.
17. Until such time as it expires, the Conditional Use Permits shall also be subject to the
Conditions of Approval in the Special Use Permit issued as a part of Resolution No.
2017-20.
18. Loud music and other loud noises related to assemblage shall not occur between the
hours of 8:00 PM and 9:00 AM Sunday through Thursday and 11:00 PM through 9:00 AM
Friday through Saturday.
19. Operation of the Professional Office shall be subject to the requirements of this
Conditional Use Permit.
20. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit an
Annual Report to the City of Kenai.
Resolution No. PZ17-19 Conditional Use Permit
Page | 8
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 OPERATION OF AN AIRPORT TO UTILIZED FOR SMALL AIRCRAFT,
AIRSHIP OPERATIONS, CARGO LOADING AND UNLOADING, LIGHT MAINTENANCE FOR
SMALL AIRCRAFT AND FUELING WITHIN THE AREA AS SHOWN ON ATTACHMENT A.
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 24th day of May, 2017.
___________________________
ATTEST: JEFF TWAIT, CHAIRPERSON
_______________________________________
Jamie Heinz, Acting City Clerk
26051911808600
400
150
1:2,4 001 inch = 200 feet 0 200 400100 Feet
ProposedAirstripParcel
Bowpicker LaneS ea C atch D riveRoyal Street
®
Cook Inlet
Approximately 25.32 Acres
Proposed Aiirstrip
Area Re serve dFor Public Acce ssEasement
Approximately 1900 Feet50 Feet
Attachment A
PZ17-12 - Airport
PZ17-13 - Lo dge
PZ17-14 - Assemblies PZ17-16 - Re stau ra nt
PZ17-19 - Airp ort (Airstrip )
PZ17-15 - Profession al Office
Kenneth Tarbox
33270 Community College Drive
Soldotna, Alaska 99669
9072627767
tarbox@ptialaska.net
May 2, 2017
Paul Ostrander, City Manager
City of Kenai
210 Fidalgo A venue
Kenai, Al aska 99611
Dear Paul Ostrander, City Manager,
The purpose of this letter is to comment on the proposed sale of City of Kenai land to PRL
Logistics for use as an airsh·ip. During our conversations it has become apparent that a
number of questions need answering before one can make a reasonable assessment of
impacts of this proposed sale on the environment, recreational activities at the site, and
whether the benefits of sale outweigh the potential negatives.
Before I get into the specifics I would like to point out that the land in question is located in
one of the most environmentally productive areas on the Kenai Peninsula. Estuarine areas
are critical to fish and wildlife populations and the Kenai estuary provides resting, feeding,
and/ or breeding habitat for thousands of birds. Over 180 species of birds have been
documented to use the Kenai River estuary. The gull colony located in and adjacent to the
proposed sale area has a breeding population of 20,000 birds at the start of April growing to
30,000 when the young hatch and fledge. In addition waterfowl and shorebirds numbering
in the tens of thousands pass through this area on their migration to northern breeding sites.
Because of this use pattern this area has been designated a Continental Important Bird Area
by the National Audubon Society. But birds are just part of the story. Plant material moves
from the estuary to the nearby Kenai River providing nutrients and energy to river flora and
fauna. In short, this is critical habitat by any measure.
The proposed sa le fro m what I understand it to provide landing and takeoff area for hybrid
airships and fix ed winged aircraft up to twin otters. Frequency of use has not been
determined at this p o int.
Reviewing the sale rationale it i s hard for one to justify this sale when two m ajor airports
(Kenai and Soldotna) are within 12 miles of th e proposed ad hoc airstrip. These two airp orts
offer infrastructure, landing and takeoff space, safety standards and procedures that protect
the public and the environment. The p rop osed airstrip does not provide the same level of
service and protection and threa te ns a critical habitat area. Therefore this begs the question
-Wha t is the rationale that would support putting the pubic and environment at risk given
the proximity of the existing airports? I have read or heard nothing that says the u se of the
airport would threaten the viability of the h y brid airship project.
Assuming the sale goes through then there are a numbe r of issues/ questions that need to be
discussed before a conditional use p e rmit is given. I have lis ted these below:
2
1. What is the projected o p e rational (not just start up) l evel of use by day and month
for all antic ipated aircraft? The assumption is that the b usiness will be successful so
what constitut es a successful operation and use? While the exac t d ay of use may not
be known a rough approximation of use patterns is needed to assess impacts.
2. What is th e flight path of the hybrid aircraft to the hanger l ocation and other aircraft
to the airsh·ip? Does the flight path go over significant portions of the estuary?
3. Will there b e a n y restrictions on public u se (exclusion zon es) that go beyond the sale
boundaries due t o con cerns for security or safety? For example, Homeland Security
put an exclusion zone around the Niki sk i dock area . If military materials are loaded
at the airstrip or h omeland security issues arise w ill that prompt additional securi ty
measures?
4. Duck hunters u se the area and will be s hooting toward a nd over the airstrip? Will
a n exclusi on zone be implemented to restrict firearm use near the airstrip?
5. From April to November thousands of birds will be in the flight path of aircraft
landing and t aking off. Will the owner of the airstrip seek USFWS permits for
hazing or controlling bird use in the area? What is the risk of an accident due to a
b ird strikes w hen thousands of birds are present? Can a seasonal resh·iction on use
during April to November be implement ed and at what level? What liability does
the C ity have for selling a property for a u se that h as a significant risk of accidents
due to bird strikes and high density of human use on the adjacent beach?
-
6. During the period April to November recreational use of the area by personal use
fisherman, bird watchers, and hunters will bring thousands of people in close
proximity to the airstrip. This creates a significant potential for the safety of these
individuals in the event of an accident. What measures are being taken to reduce
this potential? Does the owner plan to fence any part of the airsh·ip to limit access?
If so what impact does that have on wildlife and the estuarine structure and
function?
7. Will the use of the airstrip require any additional mechanical work (clearing,
vegetation control. .. ) beyond its existing condition for use with the hybrid airship or
other aircraft? The proposed sale is for a width of up to 400 feet which is beyond the
present disturbed area. Will mechanical clearing of this area or mowing of the grass
be done in this larger area? If so will restrictions be put on when this will happen to
protect nesting and migrating birds? Has any assessments been made of this project
on dune stability?
8. The area in question floods or is wet during the year. What type of protections will
keep the new land owner from filling in the area and trying to protect his airstrip by
channeling water away from the airsh·ip? Have hydrology studies been done to see
what impact changing this airstrip will have on the rest of the southern portion of
the flats or the existing infrastructures including roads?
9. What is the impact of an airsh·ip use (e.g. noise and human activity) on the area
beyond the airstrip? For example, adverse reactions to disturbance by birds may
eliminate or reduce current gull, waterfowl, tern, and songbird nesting areas? What
noise levels are anticipated and what impact will both wildlife and humans in close
proximity to the activity (for example during the personal use fishery) experience?
10. The airstrip crosses a public road paid for with State of Alaska funds. Will this road
be closed for use when the airstrip is being used? What safety measures will be put
in place to keep traffic from going on or across the airsh·ip? The new road cannot be
closed as the funding source is the State of Alaska. Does the City or owner plan to
ask for temporary closures during aircraft operations or loading of materials?
11. Are there any federal of state permits required for construction, operation, and
maintenance of this airstrip? Do any permits require an environmental assessment?
12. Has the City contacted any experts on this area or the Federal or State agencies for
comments on this project and/ or mitigation measures?
Thank you for taking the time to consider my concerns about this project. In summary, the
preferred alternative from my perspective is to use the existing airports or at least
3 I
seasonally. For example, from the month of April to November the airsh·ip is closed to use.
During this period the environmental and safety risks are significantly lowered given that
the other considerations are accommodated. Thus use during this time period may be
possible with potential mitigation measures. However, it will take time to discuss and
work out the details given the lack of information at this time for a proper evaluation and
discussion. I know I have not covered all the questions but hope this letter helps the
Council start the discussions. I am available for further discussion if the Council or you
desire.
Sincerely,
Kenneth Tarbox
4 I
Page 1 of 3
431 West 7th Avenue, Suite 101
Anchorage, AK 99501
Tel: 907-276-7034
www.ak.audubon.org
VIA ELECTRONIC MAIL
Paul Ostrander
City Manager, City of Kenai
210 Fidalgo Ave.
Kenai, AK 99611
Re: Proposed Ordinance 2956-2017; development plans that may impact the Kenai Flats
Important Bird Area
May 11, 2017
Dear Mr. Ostrander,
Audubon Alaska is the state office for the National Audubon Society. Our mission is to conserve
Alaska’s birds and wildlife—and their habitats—in order to ensure their place for future generations.
We employ science and cutting-edge mapping technology to drive our conservation priorities, with
an emphasis on public lands and waters. One of the ways we implement our conservation mission is
to identify Important Bird Areas (IBAs), areas that contain a significant portion of the global,
continental, or state population for one or more bird species. The National Audubon Society
recognizes Kenai River Flats as an IBA of Continental importance.
We have recently become aware of a City of Kenai Ordinance approving a property transfer
(Ordinance 2956-2017)1 that would implement development plans2 potentially impacting the Kenai
River Flats IBA. We are particularly concerned about the potential for impacts from airships and
fixed-wing aircraft. These impacts could include disturbance, strikes, and habitat damage or
degradation. We respectfully ask that you extend your decision making process in order to bring
greater clarity and public awareness on this important matter. We urge you to: study the potential
impacts to the Kenai Flats IBA from aircraft use; consider ways to eliminate or reduce these
impacts, and consider including mitigation measures as part of the conditional use permit that
appears to be a component in the proposed property transfer at issue in the ordinance.
1 See Paul Ostrander Memorandum dated April 27, 2017, to Mayor Brian Gabriel and Kenai City Council , available at
http://www.ci.kenai.ak.us/sites/default/files/clerkspage/05-03-17/05-03-17_packet_3.pdf#page=74.
2 Ben Boettger, Kenai-based airship may arrive in 2019, Peninsula Clarion April 24, 2017, available at
http://peninsulaclarion.com/news/2017-04-24/kenai-based-airship-may-arrive-2019#.
Page 2 of 3
The Kenai River Flats is a highly productive intertidal estuarine wetland located at the mouth of the
Kenai River, approximately 11 mi. north of Cape Kasilof on the east side of Cook Inlet. The area
near the mouth of the river is strewn with rocky boulders, shoals, wrecks and other obstructions.
The bars or tide flats are very shallow and extend 2.3 miles offshore at low water. The Flats provides
habitat for a variety of waterfowl, seabird, and shorebird species, as well as fish and mammals. Over
one hundred bird species have been documented on the Kenai River Flats.
The Kenai River Flats site is an IBA of Continental Importance for Snow Geese.3 This site can
support nearly the entire population of Wrangell Island (Siberia) Snow Geese during spring
migration, usually between mid-April and May 1. Up to 6,500 Snow Geese per day rest and feed for
a 3 to 10 day period, building fat reserves crucial to their migration to Wrangell Island.
The Kenai River Flats area is a recognized Important Bird Area of Continental importance for Snow Geese, and also
provides habitat for numerous other species.4
The Kenai River Flats IBA is also important for a host of other bird species, including Sandhill
Crane, White-fronted Goose, Cackling Canada Goose, Black Brant, Trumpeter and Tundra Swan,
3 Meets Continental Criteria B4i, greater than or equal to 1% of a flyway/subspecies population of a waterbird
simultaneously; greater than or equal to 5% over a season.
4 Map and IBA information available from http://ak.audubon.org/important-bird-areas-4 or
https://databasin.org/datasets/f9e442345fb54ae28cf72f249d2c23a9
Page 3 of 3
Bald Eagle, Northern Pintail, Mallard, and American Widgeon. Common Snipe are abundant in the
fall, and thousands of Pectoral Sandpipers have been observed on the Flats during fall migration.
Rare shorebird migrants include Sharp-tailed and Solitary Sandpipers, and Surfbirds. Predatory birds
dependent upon the ducks and geese include the Peregrine Falcon and Northern Harrier. Large
colonies of Herring and Mew Gulls are present on the Flats and some Glaucous-winged and
Bonaparte's Gulls also nest there. Nesting by Parasitic Jaegers has been documented at this site as
well. Species of particular conservation concern include: Red-throated Loon, Pacific Golden-Plover,
and Hudsonian Godwit.
The following questions and concerns are relevant to conserving the species and habitat at the Kenai
River Flats IBA as you conduct your decision making process:
What is the current air traffic pattern and intensity in the area?
How will the proposed ordinance, the property transfer, and the proposed development plans
change those patterns and intensity?
What impacts may result to the birds and habitat of the Kenai Flats IBA from such a potential
increase in air traffic?
What are appropriate measures to eliminate or mitigate those impacts?
What materials, such as a conditional use permit, may be used to ensure that appropriate
mitigation measures do occur?
The ecological value of the Kenai River Flats IBA deserves due consideration in a decision that
could bring increased aircraft traffic to this site. We also respectfully ask that you extend the decision
making process on this matter in order to study these questions and bring greater clarity to the
process and outcome. Please feel free to contact us with any questions, clarifications, or requests for
additional information.
Sincerely,
Susan Culliney
Policy Director
sculliney@audubon.org
THIS PAGE INTENTIONALLY LEFT BLANK
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Council Member’s
Knackstedt and Glendening
CITY OF KENAI
ORDINANCE NO. 2960-2017
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE 14.25.015-LANDSCAPING/SITE PLAN FOR LAND CLEARING, AND KENAI
MUNICIPAL CODE 14.25.020-APPLICATION, TO PROHIBIT LAND CLEARING OF MORE
THAN TWENTY PERCENT OF A PARCEL WITHOUT AN APPROVED LANDSCAPING/SITE
PLAN.
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
for 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 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 KMC Chapter 14.25 are needed to ensure that landscaping and site
plans are approved prior to land clearing that will result in removal of more than 20% of existing
trees, shrubs or natural vegetation 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, while a more comprehensive review of KMC Chapter 14.25 is being conducted by
the Planning and Zoning Commission, as well as other City commissions, this Ordinance is
needed at this time to prohibit land clearing without a landscape/site plan during this construction
season.
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 14.25.015 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.25.015 – Landscaping/site plan for land clearing, is hereby amended
as follows:
14.25.015 Landscaping/[S]Site [P]Plan for [L]Land [C]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 land clearing and/or tree cutting [REMOVAL] will result in removal of [LESS] more
Ordinance No. *-2017
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
than [TWENTY-FIVE PERCENT (25%)] twenty percent of the lot’s [AREA HAVING] existing trees,
shrubs, or natural vegetation cover as determined by the administrative official.
Section 3. 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 chapter shall apply to all retention basins and 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 land clearing and/or tree cutting resulting in removal of more than twenty percent of the lot’s
existing trees, shrubs, or natural vegetation cover as determined by the administrative official or
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 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 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 4. 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 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of June, 2017.
BRIAN GABRIEL SR., MAYOR
ATTEST:
Sandra Modigh, City Clerk
Introduced: May 17, 2017
Enacted: June 7, 2017
Effective: July 7, 2017
KENAI CITY COUNCIL – REGULAR MEETING
MAY 17, 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. Recognition of Volunteer Services for Shauna Thornton and Mackenzie
Lindeman
5. Proclamation for Men’s Health Month
6. 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. Audre Gifford, Kenaitze Indian Tribe – Awareness for the Yinihugheltani
(Youth Suicide Awareness) Program
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY. Ordinance No. 2950-2017 – Accepting and
Appropriating a Federal Grant from the Institute of Museum and Library
Services (IMLS) Passed Through the Alaska State Library for the Purpose of
Funding a 10 Week Student Internship Position at the Kenai Community
Library.
2. ENACTED UNANIMOUSLY. Ordinance No. 2951-2017 – Amending Kenai
Municipal Code Title 23 – Personnel Regulations, to Clarify the Performance
Evaluation Rating Categories for Consistency with the City’s Performance
Evaluation Form and Practices.
3. ENACTED UNANIMOUSLY. Ordinance No. 2952-2017 – Accepting and
Appropriating Additional Funds from the Federal Aviation Administration for the
Small Taxiways and Aircraft Tie-Down Rehabilitation 2015-2016 Project.
Kenai City Council Meeting Page 2 of 5
May 17, 2017
4. ENACTED UNANIMOUSLY. Ordinance No. 2953-2017 – Accepting and
Appropriating Additional Funds from the Federal Aviation Administration for the
2016 Improved Airport Drainage Project.
5. ENACTED UNANIMOUSLY. Ordinance No. 2954-2017 – Amending Kenai
Municipal Code Chapter 10.30 – Record Retention, to Update and Clarify the
Form, Operations, and Procedures Regarding the Public Records
Management Schedule and Record Retention Policy, and Making other
Housekeeping Changes.
6. ENACTED UNANIMOUSLY. Ordinance No. 2955-2017 – Accepting and
Appropriating a Grant from the Southern Region Emergency Medical Services
(EMS) Council to Provide Staff Training.
7. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2957-2017 –
Authorizing the Sale of Tract A, Dragseth Subdivision 2016 Addition, According
to the Official Plat Thereof, under Plat No. 2016-22, Filed in the Kenai
Recording District, Third Judicial District, State of Alaska, Including all
Improvements Thereon, to PRL Logistics Inc., and Providing the Sale
Proceeds to the State of Alaska for Reimbursement into Grant No. 15-DC-078
for Use by the City to Continue Enhancing Access and other Related
Improvements to the South Beach.
• Substitute Ordinance No. 2957-2017
8. ENACTED UNANIMOUSLY. Ordinance No. 2956-2017 – Amending Kenai
Municipal Code 13.30.080 – Operating a Vehicle in s Prohibited Area, and
Associated Appendix II, to Allow for Limited Operation and Maintenance of the
Existing Air Strip on a Portion of Tract B, Dragseth Subdivision 2016 Addition,
According to the Official Plat Thereof, Filed Under Plat Number 2016-22, and
a Portion of Government Lots 9-15 Inclusive, Section 7, Township 5 North,
Range 11 West, and a Portion of the SE ¼ SE ¼ NE ¼, Section 7, Township
5 North, Range 11 West, Seward Meridian all Recorded in the Kenai Recording
District, Third Judicial District, State of Alaska.
9. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2017-20 –
Approving a Special Use Permit for PRL Logistics, Inc., for the Contingent Use
of an Airstrip on City Owned Property Adjacent to the South Beach.
10. ADOPTED UNANIMOUSLY. Resolution No. 2017-21 – Awarding an
Agreement for Construction of Senior Center Dining Room Roof Repair and
Atrium Replacement 2017.
11. ADOPTED UNANIMOUSLY. Resolution No. 2017-22 – Repealing the City of
Kenai Record Retention Schedule Adopted on July 6, 2011 by Resolution No.
2011-51 and Enacting a Public Records Management Schedule and Record
Retention Policy.
12. ADOPTED UNANIMOUSLY. Resolution No. 2017-23 – Authorizing Budget
Adjustments in the Airport Fund for Costs in Excess of Budgeted Amounts.
Kenai City Council Meeting Page 3 of 5
May 17, 2017
13. POSTPONED TO 06/07/17. Resolution No. 2017-24 – Amending Policy No.
2016-01, Procedures for Commissions, Committees and Council on Aging –
To Provide Procedures for Council Involvement in Commissions, Committees
and Council on Aging Meetings.
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Work Session of April 29, 2017
2. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of May 3, 2017
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be
Ratified.
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Liquor
License Renewal for Oaken Keg #1808.
3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 6/7/2017.
*Ordinance No. 2960-2017 – Amending Kenai Municipal Code 14.25.015-
Landscaping/Site Plan for Land Clearing, and Kenai Municipal Code
14.25.020-Application, to Prohibit Land Clearing of More Than Twenty Percent
of a Parcel Without an Approved Landscaping/Site Plan.
4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 6/7/2017.
Ordinance No. 2961-2017 – Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2017 and Ending June 30, 2018 and Committing
$1,000,000 of General Fund, Fund Balance for Capital Improvements.
5. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 6/7/2017.
*Ordinance No. 2962-2017 – Amending the Kenai Municipal Code, Title 23,
“Personnel Regulations,” Chapter 23.55 Fiscal Year 2018 Operating Budget
Salary Schedule.
6. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 6/7/2017.
*Ordinance No. 2963-2017 – Authorizing Budget Adjustments and Increasing
General Fund Estimated Revenues and Appropriations for Costs in Excess of
Budgeted Amounts.
7. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 6/7/2017.
*Ordinance No. 2964-2017 – Repealing Kenai Municipal Code Chapter 5.15-
Private Detective Agencies, Removing Specific Local Regulation of Detective
Agencies.
8. MANAGER AUTHORIZED. Action/Approval – Authorizing the City Manager
to Work with the Kenai Chamber of Commerce to Create a Partnership with
the Chamber through a Memorandum of Understanding to Hold a Silver
Salmon Derby.
Kenai City Council Meeting Page 4 of 5
May 17, 2017
9. SPECIAL USE PERMIT APPROVED. Action/Approval – Approving a Special
Use Permit to Kenai Rotary for Use of the Multi-Purpose Facility for the Kenai
Rotary Soap Box Derby.
10. SPECIAL USE PERMIT AMENDED. Action/Approval – Approving an
Amended Special Use Permit for use of the Softball Green Strip to Golden
Wheel Amusements for a Carnival.
11. MIKE DUNN APPOINTED. Action/Approval – Mayoral Nomination and
Council Confirmation of Mike Dunn to the Harbor Commission.
12. DIANE FIKES AND CHRISTINE HUTCHISON RECOMMENDED.
Action/Approval – Mayoral Nomination and Council Confirmation of
Recommending Applicants to the Borough Mayor for Appointment to the Kenai
Peninsula Borough Planning & Zoning Commission.
13. CONTRACT END DATE RECOGNIZED/EMPLOYMENT RELATIONSHIP
CONCLUDED. Action/Approval – Approving an Employment Agreement
between the City of Kenai and City Clerk Sandra Modigh.
[Clerk’s Note: Council May Convene into Executive Session to Discuss this
Agenda Item which May be a Subject that Tends to Prejudice the Reputation
and Character of the City Clerk and of which the Immediate Knowledge would
Clearly have an Adverse Effect Upon the Finances of the City [AS
44.62.310(C)(1)(2)]
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
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 – See G.13.
Kenai City Council Meeting Page 5 of 5
May 17, 2017
1. Review and Discussion of the City Clerk’s Evaluation; a Matter
which may be a Subject that Tends to Prejudice the Reputation and Character
of the City Clerk [AS 44.62.310(C)(2).
M. PENDING ITEMS – None.
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
2. DONATION FOR IPAD PURCHASE APPROVED. Kenai Watershed Forum
Donation Request.
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.
1
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:30 p.m. May 22, 2017
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
a. Robert Ernst, Northwest Borough
\
3. Minutes
a. May 8, 2017 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. Hidden Hills J2 Replat ............................................................................... 2
KPB File 2017-053
[Seabright / Magpie Properties, LLC]
Location: Off of Ridge St in the Anchor Point area
Anchor Point APC
2. Voznesenka Replat Lot 4 ........................................................................ 16
KPB File 2017-061
[Orion Surveys / Kuzmin]
Location: Off East End Rd in the Fox River area
Kachemak Bay APC
3. Misty Mountain Subdivision Mishler Replat ............................................ 30
KPB File 2017-060
[McLane Consulting / Mishler]
Location: Off of Kylee Ct in the Ridgeway area
4. Moose Range Meadows 2017 Addition .................................................. 44
KPB File 2017-057
[Integrity / Chavez]
Location: Off of Keystone Dr in the Sterling area
5. Sports Lake Subdivision 2017 Addn. ...................................................... 62
KPB File 2017-019
[Integrity / Behrens]
Location: Off of Sports Lake Rd in the Ridgeway area
MEMBERS:
Robert Ernst
Northwest Borough
Term Expires 2017
Robert Ruffner
Clam Gulch /Kasilof
Term Expires 2018
Paul Whitney
City of Soldotna
Term Expires 2017
ALTERNATES:
James Glendening
City of Kenai
Term Expires 2019
Harry Lockwood
Ridgeway
Term Expires 2019
Virginia Morgan
East Peninsula
Term Expires 2019
2
6. Townsite of Seldovia 2016 Addition ........................................................ 85
KPB File 2017-004
[Integrity / Rojas-Mickelson, Diocese of Sitka & Alaska Orthodox Church
in America, Inc.]
Location: Off of Church St in the City of Seldovia
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, June 12,
2017 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@kpb.us
web site: http://www.kpb.us/planning-dept/planning-home
1
KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
May 22, 2017 - 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
a. Krogseng Subdivision Time Extension ........................................ 2
KPB File 2011-145 [Segesser / Krogseng]
Location: Island Lake, Nikiski
b. Nakacheba Subdivision Time Extension ..................................... 7
KPB File 2009-133 [McClintock / Tyonek Native Association]
Location: Beluga
c. Ptarmigan Estates Subdivision Struthers Addition .................... 12
Time Extension
KPB File 2012-140 [Segesser / Struthers]
Location: Sterling
d. A variance time extension request pursuant to.......................... 17
KPB 21.05.050 for the construction of an enclosed
structure not to exceed 405 square feet within 50-feet of
the ordinary high water mark of the Kenai River within
the Poachers Cove boat basin. This project is located
near the right bank of the Kenai River at River Mile 17.1
along a boat basin on Lot 172, Poachers Cove Planned
Unit Development, Section 19, T5N, R10W, SM, AK,
KPB Parcel ID 057-487-69.
e. A variance time extension request pursuant to.......................... 20
KPB 21.05.050 for the construction of an enclosed
structure not to exceed 1,095 square feet within 50-feet
of the ordinary high water mark of the Kenai River within
the Poachers Cove boat basin. This project is located
near the right bank of the Kenai River at River Mile 17.1
along a boat basin on Lot 171, Poachers Cove Planned
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Vacant
PC Member
Anchor Point/ Ninilchik
Term Expires 2019
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 2019
James Isham
PC Member
Sterling
Term Expires 2018
Harry Lockwood
PC Member
Ridgeway
Term Expires 2019
Blair Martin
Chairman
Kalifornsky Beach
Term Expires 2018
Virginia Morgan
PC Member
East Peninsula
Term Expires 2019
Robert Ruffner
Vice Chairman
Kasilof/Clam Gulch
Term Expires 2018
Franco Venuti
PC Member
City of Homer
Term Expires 2019
2
Unit Development, Section 19, T5N, R10W, SM, AK,
KPB Parcel ID 057-487-70.
*2. Planning Commission Resolutions
a. Resolution SN 2017-02; Renam ing certain public ..................... 23
rights-of-way within S7 & 18, T5N, R8W , SM, AK, within
ESN 302; Renaming certain public rights-of-way within
S20 & 21, T5N, R9W, SM, AK, within ESN 302;
Renaming certain public rights-of-way within S20 & 29,
T5N, R10W, SM, AK, within ESN 302; Renaming certain
public rights-of-way within S5, T7N, R11W, SM, AK,
within ESN 501; Naming certain private rights-of-way
within S25, T4N, R1W, SM, AK, within ESN 601;
Renaming certain public rights-of-way within S12 & 23,
T1N, R1W, SM, AK, within ESN 752.
*3. Plats Granted Administrative Approval ................................................... 35
*4. Plats Granted Final Approval (20.10.040) - None
*5. Plat Amendment Request - None
*6. Utility Easement Vacations - None
*7. Commissioner Excused Absences
a. Anchor Point / Ninilchik – Vacant
b. Paulette Bokenko-Carluccio, City of Seldovia
c. Robert Ernst, Northwest Borough
d. Rick Foster, Southwest Borough
*8. Minutes
a. May 8, 2017 Plat Committee Minutes
b. May 8, 2017 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 2017-12; An ordinance authorizing a cooperative ................ 38
sale and exchange of interests in lands with the State of Alaska
Department of Transportation and Public Facilities in the areas of
Crown Point and Miller Loop Road.
2. Vacate a public right-of-way in the Homer area...................................... 45
Paul Whitney
PC Member
City of Soldotna
Term Expires 2017
Max J. Best
Planning Director
Mike Navarre
Borough Mayor
3
Location and request: Vacate a 30' wide portion (approximately
0.113 acres) of Greatland Street Right of Way adjacent to the
west boundaries of Lots 18-A and 19-A, as dedicated on
Chamberlain and Watson Subdivision, Plat HM 1950-24. The
right-of-way being vacated is unconstructed and located within
the NE 1/4 SE 1/4 of SEC19, T06S, R13W, Seward Meridian,
Alaska, within the City of Homer and the Kenai Peninsula
Borough. KPB File 2017-056V. Purpose as stated in petition:
This section of right-of-way has been determined to be
unnecessary by the City of Homer. Petitioner(s): Thomas W.
Livingston of Anchorage, AK
3. Vacate a public right-of-way in the Kalifornsky area. .............................. 63
Location and request: Vacate the dedicated portion of Diamond
M Ranch Rd. between Lots 3A and 5A as shown on Carrol
Martin Subdivision Diamond M Resort Addition, Plat KN
2008116. The right-of-way being vacated is unconstructed and
located within the N 1/2 S22 and SW 1/4 S15, T05N, R11W,
Seward Meridian, Alaska, within the Kenai Peninsula Borough.
KPB File 2017-058V. Purpose as stated in petition: The
petitioners state the following: 1) a roadway has not been built
within Diamond M Ranch Road right of way. The new right of
way dedication will be over the existing travel way; and that 2)
there is an existing well located within the ROW. The vacation of
the ROW will allow the existing well to be used for a public water
system. Petitioner(s): Carrol Martin, Joanne Martin, Blair Martin,
and Ronna Martin of Kenai, AK
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18)
1. Resolution 2017-14; Conditional Use Permit to construct a ................... 76
private boat launch. This project is adjacent to Daniel’s Lake and
is within the Borough’s 50-foot Habitat Protection District.
Pursuant to KPB 21.18.081(B)(12), Boat launches restricted to
private use may be permitted on anadromous lakes that have no
public boat launch if a Conditional Use Permit (CUP) is approved
by the Planning Commission. This project is located on the north
shore of Daniel’s Lake, L & B Norman Homestead Lot 3, Section
34, T8N, R11W, Seward Meridian, KN 2005079 AK, KPB Parcel
013-410-58. Petitioner: Donald Vaughn and Pamela Strauch.
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS - None
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 6 preliminary plats.
K. OTHER/NEW BUSINESS
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
4
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Kenai Planning & Zoning Commission Minutes ................................................... 99
- April 26, 2017
2. Motions for Reconsideration and to Rescind ..................................................... 103
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, May 22,
2017 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@kpb.us
website: http://www.kpb.us/planning-dept/planning-home
Advisory
Commission
Meeting Location Date Time
Anchor Point Anchor Point
Chamber of Commerce TBD 7:00 p.m.
Cooper Landing Cooper Landing
Community Hall June 7, 2017 6:00 p.m.
Moose Pass Moose Pass
Community Hall TBD 6:30 p.m.
Hope / Sunrise Hope Social Hall TBD 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.
COMMISSION CHAIR REPORT
May 24, 2017
REGULAR COMMISSION MEETING
REQUESTED
SUPPORTING MATERIALS ADDED TO PACKET BY:
ADD:
6a Correspondence – Resolution PZ17-10 – Email from Michael and
Joyce Nelson
Administration
6b - g Memorandum from Staff regarding revised Conditions of Approval Administration
1
Matthew Kelley
From:Joyce Nelson <m3jnelson@ak.net>
Sent:Monday, May 22, 2017 12:11 PM
To:Matthew Kelley
Subject:Marijuana Cult. Fac.
Dear Mr. Kelly:
This Email is in response to the notice we received concerning the proposed Marijuana Cultivation Facility at 1030 Angler
Dr. Kenai, AK (L2 James H Cowan Est.)
We, Michael J. Nelson & Joyce R. Nelson own L1 James H. Cowan Est.) known as 1010 Angler Dr. Kenai.
The corner of the garage in questioning and part of the driveway actually encroaches on our south prop. line. (Plat # 97
‐ 71 Kenai Rec. District.) We are OPPOSED to this grow operation due to the possible negative effect on a future buyer
and/or property values in the area.
Thank you for your consideration in this matter.
Sincerely,
Michael J. and Joyce R. Nelson.
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Matt Kelley, City Planner
DATE: May 24, 2017
SUBJECT: CUP’s for PRL, Inc. PZ17-12 through PZ17-19, inclusive
The purpose of this communication to provide some recommended changes to the Planning and
Zoning Commission regarding Resolutions to PZ17-12 through PZ17-19, inclusive. Staff would
like to change the references to Pacific Rim Logistics, Inc. and PRL to PRL, Inc. throughout the
resolutions.
Staff would like to recommend the following revised Condition #9 to the Planning and Zoning
Commission:
Existing Condition:
The loading or unloading of all aircraft or airships shall take place during the period between
morning civil twilight and the end of evening civil twilight at the south end of the existing Airstrip.
Proposed Revised Condition:
Loading or unloading of all aircraft or airships shall not unreasonably interfere with the enjoyment
of neighboring private property given their residential character.
Thank you for your consideration.
COMMISSION CHAIR REPORT
May 24, 2017
REGULAR COMMISSION MEETING
DD:
6a
Correspondence — Resolution PZ17-10 — Email from Michael and
Joyce Nelson
Administration
6b - g
Memorandum from Staff regarding revised Conditions of Approval
Administration
Matthew Kelley
From: Joyce Nelson <m3jnelson@ak.net>
Sent: Monday, May 22, 2017 12:11 PM
To: Matthew Kelley
Subject: Marijuana Cult. Fac.
Dear Mr. Kelly
This Email is in response to the notice we received concerning the proposed Marijuana Cultivation Facility at 1030 Angler
Dr. Kenai, AK (1-2 James H Cowan Est.)
We, Michael J. Nelson & Joyce R. Nelson own L1 James H. Cowan Est.) known as 1010 Angler Dr. Kenai.
The corner of the garage in questioning and part of the driveway actually encroaches on our south prop. line. (Plat # 97
- 71 Kenai Rec. District.) We are OPPOSED to this grow operation due to the possible negative effect on a future buyer
and/or property values in the area.
Thank you for your consideration in this matter.
Sincerely,
Michael J. and Joyce R. Nelson.
tvillate with a Past, �ii wit/ a f tine
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 1 Fax: (907) 283-3014
the city www.kenai.city
KENAII ALASKA
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Matt Kelley, City Planner
DATE: May 24, 2017
SUBJECT: CUP's for PRL, Inc. PZ17-12 through PZ17-19, inclusive
The purpose of this communication to provide some recommended changes to the Planning and
Zoning Commission regarding Resolutions to PZ17-12 through PZ17-19, inclusive. Staff would
like to change the references to Pacific Rim Logistics, Inc. and PRL to PRL, Inc. throughout the
resolutions.
Staff would like to recommend the following revised Condition #9 to the Planning and Zoning
Commission:
Existino Condition:
The loading or unloading of all aircraft or airships shall take place during the period between
morning civil twilight and the end of evening civil twilight at the south end of the existing Airstrip.
Proposed Revised Condition:
Loading or unloading of all aircraft or airships shall not unreasonably interfere with the enjoyment
of neighboring private property given their residential character.
Thank you for your consideration.
c