HomeMy WebLinkAbout2018-04-25 Planning & Zoning PacketAGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
APRIL 25, 2018 - 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: April 11, 2018 ................................................................ …1
3. SCHEDULED PUBLIC COMMENT: (Public comment limited to ten (10) minutes per
speaker)
4. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
5. CONSIDERATION OF PLATS:
a. Resolution PZ2018-07 Original Preliminary Plat of Beluga Subdivision 2015 Replat
Right-of-Way Vacation, submitted by Integrity Surveys, 820 Set Net Dr., Kenai, AK
99611, on behalf of Kenai New Life Assembly of God, 209 Princess Lane, Kenai, AK
99611 …………………………………………………………………………………………...7
6. PUBLIC HEARINGS:
a. Resolution PZ2018-08 – Application for a Conditional Use Permit to Construct a
Residential Six-Family Dwelling Unit for Seniors Age 55 and Older, located at 2392
Redoubt Avenue, Kenai, Alaska, 99611, and further described as Lot 1, Kenai Meadows.
The application was submitted by Kenai Peninsula Housing Initiatives, P.O. Box 1869,
Homer, Alaska 99603 ……………………………………………………………………..…15
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS:
9. PENDING ITEMS: None
____________________________________________________________________________________
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
APRIL 25, 2018 - 7:00 P.M.
Page 2 of 2
10. REPORTS:
a. City Council …………………………………………………………………………………..29
b. Borough Planning ……………………………………………………………………………33
c. Administration
11. ADDITIONAL PUBLIC COMMENT (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
12. INFORMATIONAL ITEMS:
a. Planning & Zoning Resolutions – First Quarter 2018 .................................................. 39
b. Code Enforcement – First Quarter 2018 ................................................................... 40
c. Building Permits – First Quarter 2018 ....................................................................... 41
d. Revised Plat of Aleyeska Subdivision 2017 Replat ................................................... 42 13, NEXT MEETING ATTENDANCE NOTIFICATION: May 9, 2018
14. COMMISSION COMMENTS & QUESTIONS
15. ADJOURNMENT
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
APRIL 11, 2018 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
http://www.kenai.city
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 the Allegiance.
b. Roll Call
Commissioners present: Chair J. Twait, Vice-Chair R. Springer, J. Halstead, K.
Peterson, V. Askin, D. Fikes, G. Greenberg
Commissioners absent: None.
Staff/Council Liaison present: City Manager P. Ostrander, City Planner E. Appleby, Deputy
City Clerk J. Kennedy, Planning Assistant W. Anderson,
Council Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Askin MOVED to approve the agenda and Commissioner Halstead SECONDED
the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Halstead MOVED to approve the consent agenda and 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 – None.
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2. *APPROVAL OF MINUTES: March 28, 2018
The minutes were approved by the Consent Agenda.
3. SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled.
4. UNSCHEDULED PUBLIC COMMENT: (3 minutes) None.
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS: None.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. Recommending approval of Lease Amendment extending the timeframe for Legacy
Electric LLC, Lessee, to complete improvements as set forth in the Original Lease of
Airport Reserve Lands for property located at 115 FBO Road, Kenai, Alaska, 99611;
further described as Lot 2, Block 1, General Aviation Apron
City Manager Ostrander reviewed the staff report, as provided in the packet, noting that the
applicant entered into a Lease of Airport Reserve Lands on January 12, 2015. Ostrander added
that the Lessee completed construction on the first t-hanger; however, construction had not begun
on the second t-hanger; evidence of completion was due to the City of Kenai by September 2016.
Based on the application, it was the recommendation of staff that the requested Lease
Amendment be approved, subject to the following requirements:
• Development and construction of Permanent Improvements including removal of
waste material previously buried on the site and construct two (2) 6-plex unit t-hanger
heated complex, by no later than December 1, 2018, with an appraised value of at
least $500,000.00. In addition to the as-built drawings required by this lease, the
Lessee must submit to the City written evidence that the Lessee has completed the
land development and constructed improvements on the Premises with an aggregate
cost or investment of not less than $500,000.00.
• The evidence must be submitted to the City within sixty (60) days of the completion of
the development and improvements.
MOTION:
Commissioner Peterson MOVED to approve the Lease Amendment with staff recommendations
and Commissioner Halstead SECONDED the motion.
Chairman Twait opened the floor for public testimony; there being no one wishing to be heard,
public comment was closed.
Commissioner Peterson questioned the delay. City Manager Ostrander clarified that the material
for the second hangar was ordered and on-site, the owner intended to sell the property, but was
unable to do so and unaware of the lease deadline.
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VOTE:
YEA: Twait, Springer, Halstead, Peterson, Askin, Fikes, Greenberg
NAY:
MOTION PASSED.
b. Resolution PZ2018-09 - Application for Transfer of Conditional Use Permit PZ03-32
(amended by PZ05-35 and PZ16-39) from Mary J. Doyle, Transferor, to Beaver Loop
Sand & Gravel LLC, Transferee, located at 2369 Beaver Loop Road, Kenai, Alaska,
99611; further described as Tract A1, Beaver Loop Acres Addition No. 1
City Manager Ostrander reviewed the staff report, which was provided in the packet, noting that
this gravel pit had been operated by the Doyle family since 1985 and would continue to be a family
run business. The gravel pit was purchased by Beaver Loop Sand & Gravel, LLC; and the
managing members are family members. Ostrander added that David Yragui, Managing Member
of Beaver Loop Sand & Gravel LLC, Transferee, had indicated that he agreed to operate under
the terms and conditions of the original Conditional Use Permit PZ03-32 and the amendments
thereto.
Staff hereby recommended approval of the Transfer of Conditional Use Permit PZ03-32, as
amended by PZ05-35 and PZ16-39, subject to the existing conditions:
• Prior to commencement of extraction of Natural Resources or any reclamation activities,
the Applicant shall obtain all necessary State and Federal Permits;
• Prior to commencement of any extraction of Natural Resources or any reclamation
activities, the Applicant shall repair or replace any damaged fencing located on the rear
of the site;
• Prior to commencement of any extraction of Natural Resources or any reclamation
activities, the Applicant shall submit a revised site plan which labels the area behind Area
2 as Area 2A and ensures that the further subsurface extraction is limited to within 10
feet of the rear property line;
• Excavation below the water table shall only be allowed in those locations marked Area 1,
Area 2, Area 2A and Area 3;
• There shall be no further excavation below the water table in the Area located up to 10
feet from the rear property line behind Area 2. The final working face shall be back sloped
to minimum angle of 2:1;
• The excavation may not penetrate the subsurface clay/silt layer located approximately 30
feet below the original ground surface;
• If fill material is placed in the pits, it must be fill material originally from this approximately
52.5-acre site and it must not contain any “hazardous substances,” or “industrial waste,”
“mining waste,” “solid waste,” or “other waste” as defined in Alaska State Statues;
• Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.155;
• Applicant shall employ the use of dust control measures to ensure the material site and
the driveway fronting onto Beaver Loop Road remain dust free. Dust control shall include
the daily use of a water truck and placement of Calcium Chloride on the driveway. A water
truck shall also be used to control dust from the working face of the Gravel Pit; and,
• If there is a change of use for the above described property, a new Conditional Use Permit
must be obtained, pursuant to KMC 14.20.150(i)(5).
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MOTION:
Commissioner Askin MOVED to approve Resolution PZ2018-09 with staff recommendations and
Commissioner Halstead SECONDED the motion.
Chairman Twait opened the floor for public testimony; there being no one wishing to be heard,
public comment was closed.
VOTE:
YEA: Twait, Springer, Halstead, Peterson, Askin, Fikes, Greenberg
NAY:
MOTION PASSED.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reviewed the action agenda from the April 4
City Council Meeting; noted that a representative with the Fine Arts Center provided a
presentation and a schedule of updates they were doing; Steve Rouse, Executive Director
of the Kenai Peninsula Housing Initiatives presented on the new low-income housing
available in the Kenai community and the upcoming developments for low-income seniors.
Council Member Knackstedt clarified the change in the Board of Adjustment hearings process and
specified the criteria in determining an aggrieved person.
b. Borough Planning – Commissioner Fikes noted that the Borough Planning Committee
met on April 9 and conditionally approved 5 preliminary plats; unanimous approval of a
cultivation facility; and approval of a conditional use permit to replace existing twin culverts.
c. Administration – City Manager Ostrander reported on the following:
• At the end of last month, Administration met in Anchorage with FAA regarding the
Kenai Terminal Rehab Project. After phase 1 it was determined that cost would be
significantly more than budgeted for, however, the City of Kenai may be eligible for
FAA discretionary funding to assist in the project;
• There was a delay in the Bluff Erosion project, funding was not approved as expected
and the 3-year deadline was coming up; State delegation will be in contact with the
Corps of Engineers regarding needed funding;
• Administration was doing budget preparations with a new narrative process to include
more details by each department to show how it connects with the City of Kenai
mission statement;
• Request for Proposals is posted for a dock concessionaire;
• Harbor Commission to recommend to City Council several signs at the mouth of the
Kenai river to create a No Wake zone; and
• Introduced and welcomed the new City Planner, Elizabeth Appleby as she started on
April 9.
The scope of the Airport project was discussed.
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11. ADDITIONAL PUBLIC COMMENT – None.
12. INFORMATIONAL ITEMS
City Manager Ostrander reminded the commission of the Volunteer Appreciation Dinner on April
19 at the Senior Center.
13. NEXT MEETING ATTENDANCE NOTIFICATION: April 25, 2018
14. COMMISSION COMMENTS & QUESTIONS
Commissioner Askin thanked City Manager Ostrander for stepping in and looked forward to
working with the new City Planner.
Commissioner Halstead asked about follow-up of the recent work session. City Manager
Ostrander clarified that legislation had been drafted and should be in the next council packet for
the April 18 meeting .
On behalf of several concerned citizens in the community, Commissioner Greenberg inquired
about the progress and status of Beaver Loop trail; suggested inviting State officials to an
upcoming Commission or Council meeting to present an update. City Manager Ostrander noted
that he had spoken with DOT and they were not planning on additional public meetings. Ostrander
relayed the explanations behind the clearings on Beaver Loop and agreed to contact DOT
regarding a possible public meeting or invite them to present to the Commission.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:33 p.m.
Minutes prepared and submitted by:
_____________________________
Jacquelyn Kennedy
Deputy City Clerk
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STAFF REPORT
To: Planning & Zoning Commission
Date: April 25, 2018 Res: PZ2018-07
GENERAL INFORMATION
Applicant: Kenai New Life Assembly of God
209 Princess St.
Kenai, Alaska 99611
Submitted By: Integrity Surveys
820 Set Net Drive
Kenai, Alaska 99611
Requested Action: Preliminary Subdivision Plat – Beluga Subdivision
2015 Replat Right-of-Way Vacation
Existing Legal Description: Tract 5, Beluga Subdivision 2015 Replat & Right-of-
Way Vacation
Proposed Legal Description: Lot 5-A, Beluga Subdivision 2015 Replat Right-of-
Way Vacation Plat
Street Address: 209 Princess Street
KPB Parcel No: 04523014
Existing Zoning: Rural Residential 1
Current Land Use: Church
Land Use Plan: Institutional
ANALYSIS
On July 8, 2015, the Planning & Zoning Commission recommended approval of the
preliminary plat of Beluga Subdivision 2015 Replat & Right-of-Way Vacation. This plat
reconfigured four lots into one large tract described as Tract 5, Beluga Subdivision 2015
Replat & Right-of-Way Vacation. The plat further vacated that portion of the 60-foot Right-
of-Way for Beluga Drive North lying within the boundary of Tract 5, Beluga Subdivision
2015 Replat.
The plat of Beluga Subdivision 2015 Replat & Right-of-Way Vacation was subsequently
approved by the Kenai Peninsula Borough and the plat was recorded on November 13,
2015, under Plat No. 2015-71.
On March 22, 2018, a preliminary plat of Beluga Subdivision 2015 Replat Right-of-Way
Vacation Plat was submitted by Integrity Surveys. The purpose of this plat is to vacate the
Right-of-Way of Beluga Drive West; vacate a fifteen foot (15’) utility easement; and
dedicate a thirty foot (30’) utility easement which encompasses the existing underground
water line.
The City of Kenai has an underground water line located within the Right-of-Way of Beluga
Drive West. The City of Kenai does not object to the Right-of-Way vacation because the
applicant will dedicate a utility easement along the existing underground water line;
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therefore, the City will still be able to maintain the underground water line. The utility
easement is thirty feet (30’) in width and will be centered on the existing underground
water line.
The City of Kenai owns the property to the south and west of the proposed Lot 5-A, Beluga
Subdivision 2015 Replat Right-of-Way Vacation Plat. A large portion of this property is
wetlands and the City of Kenai does not have plans to develop the property. The City does
not believe that the vacation of the right-of-way would alter any future plans that the City
may have for the parcel adjacent to the proposed lot.
The property owner would also like to vacate the fifteen foot (15’) utility easement along
the southern boundary of Tract 5, Beluga Subdivision 2015 Replat & Right-of-Way
vacation. The City of Kenai does not object to the vacation of the utility easement because
the property owner is dedicating a thirty foot (30’) utility easement which will be centered
on the existing underground water line.
RECOMMENDATIONS
Planning and Zoning Staff recommends approval of the preliminary plat of Beluga
Subdivision 2015 Replat Right-of-Way Vacation, subject to the following conditions:
1. Further development of the property shall conform to all Federal, State and local
regulations.
2. The City Council for the City of Kenai must approve the vacation of the sixty foot
(60’) Right-of-Way for Beluga Drive West, pursuant to Kenai Municipal Code
22.05.110.
3. The City Council for the City of Kenai must approve the vacation of the fifteen foot
(15’) utility easement as shown on the proposed plat, pursuant to Kenai Municipal
Code 22.05.110.
ATTACHMENTS:
A. Resolution No. PZ2018-07
B. Preliminary Plat
C. Map
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2018-07
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat of BELUGA SUBDIVISION 2015 REPLAT RIGHT-OF-
WAY VACATION PLAT was referred to the City of Kenai Planning and Zoning
Commission on April 25, 2018, and received from Integrity Surveys; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Rural Residential 1 and therefore subject to said zone conditions.
2. Plat does not subdivide property within a public improvement district subject to special
assessments. There is not a delinquency amount owed to the City of Kenai for the
referenced property.
3. Installation agreement or construction of improvements is not required.
4. Status of surrounding land is shown.
5. Utility easements, if required, shall be shown.
6. Surveyor shall verify that no encroachments exist. If an encroachment exists; the plat
does not create nor increase the encroachment.
7. Street names designated on the plat are correct.
8. CONDITIONS:
1. Further development of the property shall conform to all Federal, State and local
regulations.
2. The City Council for the City of Kenai must approve the vacation of the sixty foot
(60’) Right-of-Way for Beluga Drive West, pursuant to Kenai Municipal Code
22.05.110.
3. The City Council for the City of Kenai must approve the vacation of the fifteen
foot (15’) utility easement as shown on the proposed plat, pursuant to Kenai
Municipal Code 22.05.110.
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NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE BELUGA SUBDIVISION 2015
REPLAT RIGHT-OF-WAY VACATION PLAT , SUBJECT TO THE CONDITIONS OF
APPROVAL SET FORTH ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 25th day of April, 2018.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Jamie Heinz, City Clerk
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STAFF REPORT
To: Planning & Zoning Commission
Date: April 25, 2018 Res: PZ2018-08
GENERAL INFORMATION
Applicant: Kenai Peninsula Housing Initiatives
P.O Box 1869
Homer, Alaska 99603
Requested Action: Conditional Use Permit - Six Family Dwelling Unit
Legal Description: Lot 1, Kenai Meadows
Street Address: 2392 Redoubt Avenue
KPB Parcel No: 03901063
Existing Zoning: Rural Residential
Current Land Use: Vacant
Land Use Plan: Suburban Residential
ANALYSIS
Kenai Municipal Code 22.05.125 allows the Kenai City Council, by Ordinance, to donate
foreclosed real property that is no longer needed by the City for a public purpose to a non-
profit corporation for consideration, agreed upon between the City and grantee without a
public sale if the devotion is advantageous to the City. Accordingly, the Kenai City Council
granted Ordinance No. 2899-2016 approving the donation of the subject property to Kenai
Peninsula Housing Initiatives. At such time as the donation was approved, the property
was subdivided into three parcels. The subject lot is approximately 1.214 acres. The
minimum lot size requirement for the Rural Residential zone is 20,000.00 square feet;
therefore, the subject lot meets the minimum lot size requirement for the zone.
The City of Kenai conveyed Lot 2, Kenai Meadows, to Kenai Peninsula Housing Initiatives
Incorporated on May 15, 2017, under document number 2017-003358-0. The 5828 square
foot six-plex (Clear Point Multi-family Apartments) was constructed and on December 29,
2017, a Certificate of Occupancy was issued by the City of Kenai.
The City of Kenai conveyed Lot 1, Kenai Meadows, to Kenai Peninsula Housing Initiatives
Incorporated on March 30, 2018, under document number 2018-002653-0.
The Quitclaim Deeds conveying Lots 1 and 2, Kenai Meadows, from the City of Kenai to
Kenai Peninsula Housing Initiatives Incorporated contain the following restriction:
Per City of Kenai Ordinance 2899-2016, in the event of a land sale, to a for
Profit entity, the value of the property shall be reimbursed to the City, if the
Sale occurs within twenty (20) years after transfer to Kenai Peninsula
Housing Initiatives, Incorporated.
The property is located in the Rural Residential Zone, which provides that a five or six-
family dwelling is a conditional use; therefore, a Conditional Use Permit must be granted
15
prior to commencement of the construction of the six-unit apartment community.
KMC 14.20.150 details the intent and application process for conditional uses. The code
also specifies the review criteria that must be satisfied prior to issuing the permit. The
criteria are:
• The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
The RR Zone is intended to provide for low density residential development in
outlying and rural areas in a form which creates a stable and attractive
residential environment. The Land Use Table provides that a five or six-family
dwelling is a conditional use; therefore, a Conditional Use Permit must be
granted to construct a six unit apartment community (Kenai Meadows Senior
Apartments) in this zone.
The proposed six-unit apartment community will offer two, one-bedroom units; and
four, two-bedroom units.
Staff finds that the proposed six-unit apartment community meets the intent of
KMC14.20.150 and the intent of the Rural Residential Zoning District with respect
to the proposed use as a six-unit apartment community, given compliance with the
staff recommended specific conditions set forth below.
• The value of the adjoining property and neighborhood will not be significantly
impaired.
The surrounding neighborhood consists of both single-family dwellings and multi-
family dwellings. There are currently two larger apartment complexes, which front
Redoubt Avenue. In addition, there is a detached four-plex located on McKinley
Avenue, which is accessed directly off Redoubt Avenue.
The applicant states that an independent market analysis performed by the
national firm Novagradac concluded the proposed development will offer value in
the market and not negatively impact the surrounding properties
It is the opinion of the staff that the six-unit apartment community will not
significantly impair the neighborhood, and therefore, recommends approval of
the Conditional Use Permit subject to the conditions as set forth below.
• The proposed use is in harmony with the Comprehensive Plan.
The Comprehensive Plan designates this property as Suburban Residential, which
provides for single-family and multi-family residential uses that are urban or
suburban in character. The area will typically be development at a higher density;
lots are typically smaller; and public water and sewer are required or planned.
There are three large subdivisions located along Redoubt Avenue; namely,
Woodland Subdivision, Inlet View Subdivision, and Mommsen’s Subdivision. The
subject lot is larger than a majority of the lots in these subdivisions; the subject lot
contains approximately 52,882 square feet, which is much larger than the required
minimum lot size of 7,200 square feet as required in the Rural Residential Zoning
District.
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Water and sewer services are available along Redoubt Avenue. Redoubt Avenue
provides access to the proposed complex, which is a paved City maintained road.
Staff finds that the land use designation as a six-unit apartment community is
compatible with the neighborhood; and therefore, recommends approval of the
Conditional Use Permit subject to the conditions as set forth below.
• Public services and facilities are adequate to serve the proposed use.
The properties located along Redoubt Avenue are serviced by water, sewer,
natural gas, electricity, and telephone services. Redoubt Avenue is a paved road
which is maintained by the City of Kenai. Kenai Municipal Code 14.20.250(b)(8)
requires that there are two parking spaces available for each unit for a total of 12
parking spaces. The attached site plan designates 12 parking spaces for residents
and guests of the six-unit apartment community.
Staff finds that public services and facilities are adequate to serve the proposed
use; and therefore, recommends approval of the Conditional Use Permit subject
to the conditions as set forth below.
• The proposed use will not be harmful to the public safety, health or welfare.
The use of a six-unit apartment community will not be harmful to the public
safety, health and welfare.
Staff believes that public services are available to adequately serve the six-unit
apartment community. The applicant has provided the City with a site plan, which
indicates that there will be sufficient parking available for residents and guests of
the complex. Access to the complex will be provided by Redoubt Avenue which is
a City maintained paved road; therefore, the proposed use will not be harmful to
the public safety, health and welfare.
See Conditions of Approval as set forth below.
RECOMMENDATIONS
Based on the application and a review of the criteria required to approve the permit, the
application meets the intent of the zone and complies with the Comprehensive Plan.
Recommend approval with the following conditions:
1. Further development of the property shall conform to all Federal, State, and local
regulations.
2. Prior to issuance of a Building Permit, a Landscape/Site plan must be reviewed
and approved by the City Planner.
3. Prior to beginning construction of the project, a building permit must be issued by
the Building Official for the City of Kenai.
4. A biennial fire inspection must be completed by the Fire Marshall for the City of
Kenai.
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5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior
to the 31st day of December of each year.
ATTACHMENTS:
A. Resolution No. PZ2018-08
B. Application
C. Site Plan
D. Map
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2018-08
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 CONSTRUCT A
RESIDENTIAL SIX-FAMILY DWELLING UNIT FOR SENIORS AGE 55 AND OLDER.
APPLICANT: Kenai Peninsula Housing Initiatives
PROPERTY ADDRESS: 2392 Redoubt Avenue
LEGAL DESCRIPTION: Lot 1, Kenai Meadows
KENAI PENINSULA BOROUGH PARCEL NO: 03901063
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on April 2, 2018; 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 April 25, 2018; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met; and,
KMC 14.20.150 details the intent and application process for conditional uses. The code
also specifies the review criteria that must be satisfied prior to issuing the 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 RR Zone is intended to provide for low density residential development in outlying
and rural areas in a form which creates a stable and attractive residential environment.
The Land Use Table provides that a five or six-family dwelling is a conditional use;
therefore, a Conditional Use Permit must be granted to construct a six unit apartment
community (Kenai Meadows Senior Apartments) in this zone.
The proposed six-unit apartment community will offer two, one-bed room units; and
four, two-bedroom units.
Staff finds that the proposed six-unit apartment community meets the intent of
KMC14.20.150 and the intent of the Rural Residential Zoning District with respect to the
proposed use as a six-unit apartment community, given compliance with the staff
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
19
recommended specific conditions set forth below.
(2) The value of the adjoining property and neighborhood will not be significantly impaired.
The surrounding neighborhood consists of both single-family dwellings and multi-family
dwellings. There are currently two larger apartment complexes, which front Redoubt
Avenue. In addition, there is a detached four-plex located on McKinley Avenue, which is
accessed directly off Redoubt Avenue.
The applicant states that an independent market analysis performed by the national firm
Novagradac concluded the proposed development will offer value in the market and not
negatively impact the surrounding properties
It is the opinion of the staff that the six-unit apartment community will not significantly
impair the neighborhood, and therefore, recommends approval of the Conditional Use
Permit subject to the conditions as set forth below.
(3) The proposed use is in harmony with the Comprehensive Plan.
The Comprehensive Plan designates this property as Suburban Residential, which
provides for single-family and multi-family residential uses that are urban or suburban in
character. The area will typically be development at a higher density; lots are typically
smaller; and public water and sewer are required or planned.
There are three large subdivisions located along Redoubt Avenue; namely, Woodland
Subdivision, Inlet View Subdivision, and Mommsen’s Subdivision. The subject lot is
larger than a majority of the lots in these subdivisions; the subject lot contains
approximately 52,882 square feet, which is much larger than the required minimum lot
size of 7,200 square feet as required in the Rural Residential Zoning District.
Water and sewer services are available along Redoubt Avenue. Redoubt Avenue
provides access to the proposed complex, which is a paved City maintained road.
Staff finds that the land use designation as a six-unit apartment community is
compatible with the neighborhood; and therefore, recommends approval of the
Conditional Use Permit subject to the conditions as set forth below.
(4) Public services and facilities are adequate to serve the proposed use.
The properties located along Redoubt Avenue are serviced by water, sewer, natural
gas, electricity, and telephone services. Redoubt Avenue is a paved road which is
maintained by the City of Kenai. Kenai Municipal Code 14.20.250(b)(8) requires that
there are two parking spaces available for each unit for a total of 12 parking spaces.
The attached site plan designates 12 parking spaces for residents and guests of the
six-unit apartment community.
Staff finds that public services and facilities are adequate to serve the proposed use;
and therefore, recommends approval of the Conditional Use Permit subject to the
conditions as set forth below.
(5) The proposed use will not be harmful to the public safety, health or welfare.
The use of a six-unit apartment community will not be harmful to the public safety,
health and welfare.
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Staff believes that public services are available to adequately serve the six-unit
apartment community. The applicant has provided the City with a site plan, which
indicates that there will be sufficient parking available for residents and guests of the
complex. Access to the complex will be provided by Redoubt Avenue which is a City
maintained paved road; therefore, the proposed use will not be harmful to the public
safety, health and welfare.
WHEREAS, any and all specific conditions deemed necessary by the Planning and Zoning
Commission to fulfill the conditions as set forth below shall be met by the applicant. These
may include, but are not limited to measures relative to access, screening, site
development, building design, operation of the use and other similar aspects related to the
proposed use, as follows:
1. Further development of the property shall conform to all Federal, State, and local
regulations.
2. Prior to issuance of a Building Permit, a Landscape/Site plan must be reviewed and
approved by the City Planner.
3. Prior to beginning construction of the project, a building permit must be issued by the
Building Official for the City of Kenai.
4. A biennial fire inspection must be completed by the Fire Marshall for the City of
Kenai.
5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to
the 31st day of December of each year.
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 CONSTRUCTION OF A RESIDENTIAL SIX-FAMILY DWELLING UNIT FOR
SENIORS AGE 55 AND OLDER 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, t his 25th day of April, 2018.
_____________________________
ATTEST: Jeff Twait, Chairperson
_______________________________________
Jamie Heinz, City Clerk
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ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
APRIL 18, 2018 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30)
minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial
by the council and will be approved by one motion. There will be no separate
discussion of these items unless a council member so requests, in which case the item
will be removed from the consent agenda and considered in its normal sequence on
the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per
speaker)
1. Chelsea Plagge, KPBSD Student – Overview of Skills USA Competition, an
Opportunity for Students to Learn Hands on Skills.
2. Mayzie Potton and Leah Johnson, KPBSD Students – Overview of their “T-Books”
Organization that fundraises to provide literature to schools and students in several
communities.
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. 3013-2018 - Increasing Estimated
Revenues and Appropriations by $286,288 in the Airport Special Revenue and Airport
Terminal Improvements Capital Project Funds for Increased Costs Associated with
Phase II of the Project to Design the Airport Terminal Rehabilitation Project and
Authorizing a Contract Amendment with Wince-Corthell-Bryson for Completion of
Phase II of the Project’s Design. (Administration)
2. ENACTED UNANIMOUSLY. Ordinance No. 3014-2018 – Making Housekeeping
Amendments to KMC Section 3.25.060- Adoption Procedure, 3.25.090- Protective
Custody, 3.30.030-Quarantine of Individual Animal, 4.25.020- Fee Schedule,
12.25.030- Leaving of Junk or Illegally Parked Vehicles, 13.30.090-Sign Bearing the
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Legend, 18.25.030 – Inspection Fee, and 23.50.010- Employee Classification. (Legal
and City Clerk)
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of April 4, 2018
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 – Purchase Orders
Exceeding $15,000.
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Non-Objection to
Liquor License Renewal for:
• George’s Casino Lounge
• Pizza Hut
• Wal-Mart Supercenter #4474
4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 05/02/2018.
*Ordinance No. 3015-2018 – Accepting and Appropriating a Volunteer Fire
Assistance (VFA) Grant From the United States Department of Agriculture Forest
Service Passed Through the State of Alaska Division of Forestry for the Purchase of
Forestry Firefighting Equipment. (Administration)
5. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 05/02/2018.
*Ordinance No. 3016-2018 – Increasing Estimated Revenues and Appropriations by
$4,434.88 in the General Fund – Police Department for State Traffic Grant Overtime
Expenditures. (Administration)
6. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 05/02/2018.
*Ordinance No. 3017-2018 – Accepting Drug Seizure Funds Forfeited to the City in
the Amount of $4,709.63 and Appropriating the Funds for the Purchase of Police
Department Small Tools. (Administration)
7. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 05/02/2018.
*Ordinance No. 3018-2018 – Amending Kenai Municipal Code Title 23-Personnel
Regulations, to Create a New Class of Employees Defined as “Department Head
Service” that Includes Employees who Work at Will and are Compensated within A
Salary Range Approved by the Council, and Making other Housekeeping Changes.
(Council Member Navarre)
8. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 05/02/2018.
*Ordinance No. 3019-2018 – Increasing Estimated Revenues and Appropriation in
the General and Municipal Roadway Improvements Capital Project Funds and
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Awarding A Contract To Complete The Ryan’s Creek Outfall Repair Project To Foster
Construction, Inc. (Administration)
9. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 05/02/2018.
*Ordinance No. 3020-2018 – Increasing Estimated Revenues and Appropriations in
the Water & Sewer Special Revenue and Water & Sewer Improvements Capital
Project Funds and Authorizing a Change Order to the Contract with the State of Alaska
Department of Transportation for the Project Entitled “Spur Highway Water Main
Replacement – Spur Highway and Shotgun Drive”. (Administration)
10. SPECIAL USE PERMIT APPROVED UNANIMOUSLY. Action/Approval –
Approving a Special Use Permit to the State of Alaska, Department of Natural
Resources, Division of Forestry, for Aircraft Parking and Loading on the Apron.
(Administration)
11. CONSENT TO ASSIGNMENT OF LEASE APPROVED UNANIMOUSLY.
Action/Approval – Consenting to Assignment of Kenai Municipal Airport Lease from
Alaska Realty Group, Inc. to Mossy Oak Properties (Administration)
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 – None.
M. PENDING ITEMS – None.
N. ADJOURNMENT
****************************************************************************************************
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INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review
2. Kenai Historical Society – March Newsletter
3. Frontier Community Services World Series of Baseball
4. Certificate and Award of Financial Reporting Achievement
The agenda and supporting documents are posted on the City’s website at www.kenai.city.
Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council
Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at
907-283-8231.
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MEMORANDUM
TO: Planning & Zoning Commission
THROUGH: Elizabeth Appleby, City Planner
FROM: Wilma Anderson, Planning Assistant
DATE: April 19, 2018
SUBJECT: Code Enforcement Action
2018 First Quarter Report
Planning & Zoning currently has 5 active code cases:
Junk Vehicles 4
Junk Vehicles and Debris & Junk 0
Debris & Junk 0
Garbage 0
Building Code Violation 1
Miscellaneous Code Violation 0
Cases transferred to Legal Department/Civil
Penalties being assessed.
0
TOTALS: 5
Code Enforcement Action during the months of Jan. – Mar., 2018:
Closed Cases 1
Opened Cases 1
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