HomeMy WebLinkAbout2020-05-13 Planning & Zoning PacketKenai Planning and Zoning Commission Meeting Page 1 of 84
May 13, 2020
Kenai Planning and Zoning Commission
Meeting
May 13, 2020 ꟷ 7:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
5. *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.
B. APPROVAL OF MINUTES
1. *April 8, 2020
C. SCHEDULED PUBLIC COMMENT
Public comment limited to ten (10) minutes per speaker
D. UNSCHEDULED PUBLIC COMMENT
Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated
E. CONSIDERATION OF PLATS
1. Resolution PZ2020-07 - Preliminary Subdivision Plat of Beaver Loop Acres, Addition No.
2. The plat was submitted by Segesser Surveys, 30485 Rosland Street, Soldotna,
AK 99660, on behalf of Beaver Loop Sand and Gravel, LLC, P.O. Box 1290, Kenai, AK
99611 and the Estate of Patrick Doyle and Mary Doyle, 2243 Beaver Loop Rd., Kenai,
AK 99611.
F. PUBLIC HEARINGS
1. Resolution PZ2020-04 - Application for the rezoning of an approximately 10.6 acre
parcel, described as a portion of the S1/2 SE1/4 SW 1/4, lying North of K-Beach Road,
Section 17, T5N, R11W, excepting therefrom VIP Country Estates Subdivision Part 5 from
Rural Residential (RR) to Limited Commercial (LC). The application was submitted by the
majority property owners, Rick and Connie Vann, P.O. Box 561, Kasilof, AK 99610.
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Kenai Planning and Zoning Commission Meeting Page 2 of 84
May 13, 2020
2. Resolution PZ2020-11 - Application for a Conditional Use of a Six-Plex for Senior
Housing, on an approximately 1.215 acre parcel, described as Lot 1, Kenai Meadows, and
located at 2392 Redoubt Avenue. The application was submitted by Kenai Peninsula
Housing Initiatives, Inc., P.O. Box 1869, Homer, AK 99603.
3. Resolution PZ2020-12 - Application for a Variance of Kenai Municipal Code 14.14.020 -
Maximum Lot Coverage, on an approximately 1.215 acre parcel, described as Lot 1,
Kenai Meadows, and located at 2392 Redoubt Avenue. The application was submitted by
Kenai Peninsula Housing Initiatives, Inc., P.O. Box 1869, Homer, AK 99603.
G. UNFINISHED BUSINESS
H. NEW BUSINESS
I. PENDING ITEMS
J. REPORTS
1. City Council
2. Kenai Peninsula Borough Planning
3. City Administration
K. ADDITIONAL PUBLIC COMMENT
Public comment limited to five (5) minutes per speaker
L. INFORMATIONAL ITEMS
M. NEXT MEETING ATTENDANCE NOTIFICATION
1. May 27, 2020 - Regular Meeting
N. COMMISSION COMMENTS AND QUESTIONS
O. ADJOURNMENT
The agenda and supporting documents are posted on the City’s website at www.kenai.city. For
additional information, please contact the Planning and Zoning Department at 907-283-8237.
Virtual Participation (join Zoom meeting): https://us02web.zoom.us/j/82965368141
Meeting ID: 829 6536 8141
Password: 354059
OR Telephonic Participation:
+1 253 215 8782 or +1 301 715 8592
Meeting ID: 829 6536 8141
Password: 354059
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May 13, 2020
Item Attachment Documents:
1. *April 8, 2020
3
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
APRIL 8, 2020 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
CHAIR JEFF TWAIT, PRESIDING
MINUTES
A. CALL TO ORDER
Commission Chair J. Twait called the meeting to order at 7:02 p.m.
1. Pledge of Allegiance
Commission Chair J. Twait led those assembled in the Pledge of the Allegiance.
2. Roll Call
Commissioners present: J. Twait, D. Fikes, G. Greenberg, V. Askin, R. Springer, J.
Commissioners absent: T. McIntyre, Halstead
Staff/Council Liaison present: City Planner E. Appleby, Deputy Clerk J. LaPlante, Council
Liaison H. Knackstedt
A quorum was present.
3. Agenda Approval
MOTION:
Commissioner Askin MOVED to approve the agenda as presented and Commissioner Fikes
SECONDED the motion. There were no objections; SO ORDERED.
4. Consent Agenda
MOTION:
Commissioner Askin MOVED to approve the consent agenda and Commissioner Fikes
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
5. *Excused absences – T. McIntyre, J. Halstead
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Planning and Zoning Commission Meeting Page 2 of 4
April 8, 2020
B. APPROVAL OF MINUTES
1. *March 11, 2020
The minutes were approved by the Consent Agenda.
C. SCHEDULED PUBLIC COMMENT – None.
D. UNSCHEDULED PUBLIC COMMENT – None.
E. CONSIDERATION OF PLATS
1. Resolution PZ2020-05 - Preliminary Subdivision Plat of Kristine Subdivision No. 1,
submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna AK 99669, on behalf of
the Estate of Donald Frederickson, P.O. Box 770987, Eagle River, AK 99577.
MOTION:
Commissioner Springer MOVED to approve Resolution PZ2020-05 and Commissioner Fikes
SECONDED the motion.
The City Planner provided the staff report noting the owner was subdividing the two larger parcels
into three smaller lots to be described as Lots 1, 2, and 3, Kristine Subdivision No. 1, adding the
street name would be corrected from Child Street to Child Avenue to accurately reflect the street
name. It was further noted that water and sewer lines were within the right-of-way of Bridge
Access Road but the existing facilities located on the property were not connected to City water
and sewer services.
Approval of the plat was recommended, subject to the following conditions:
Further development of the property shall conform to all federal, State of Alaska, and local
regulations; and
Childs Street was incorrectly referenced on the plat and should be changed to Childs
Avenue.
Commission Chair Twait opened the floor for public testimony. There being no one wishing to be
heard, public comment was closed.
It was clarified if there was development on the property within 200 feet of the City water and
sewer lines, the owner would need to either connect or request to use their own source on the
property and pay a fee.
VOTE:
YEA: Greenberg, Springer, Fikes, Askin, Twait
NAY:
MOTION PASSED UNANIMOUSLY.
2. Resolution PZ2020-06 - Preliminary Plat of General Aviation Apron Tract A, submitted
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Planning and Zoning Commission Meeting Page 3 of 4
April 8, 2020
by Segesser Surveys, Inc., 30485 Roseland St., Soldotna AK 99669, on behalf of the
City of Kenai, 210 Fidalgo Ave., Kenai, AK 99611.
The City Planner provided the staff report noting the parcel would be divided into two separate
lots. The new Tract A1 would be retained by the City as it was part of the runway while the new
Tract A2 would be leased to SOAR International Ministries, LLC. It was further noted that the 10-
foot utility easement on North Willow Street would remain the same.
City staff recommended approval of the preliminary plat of General Aviation Apron Tract A subject
to the following condition:
Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
MOTION:
Commissioner Springer MOVED to approve Resolution PZ2020-05 and Commissioner Fikes
SECONDED the motion.
Commission Chair Twait opened the floor for public testimony. There being no one wishing to be
heard, public comment was closed.
It was agreed it met City standards.
VOTE:
YEA: Fikes, Springer, Askin, Greenberg, Twait
NAY:
MOTION PASSED UNANIMOUSLY.
F. PUBLIC HEARINGS – None.
G. UNFINISHED BUSINESS – None.
H. NEW BUSINESS – None.
I. PENDING ITEMS – None.
J. REPORTS
1. City Council – Council Member Knackstedt reported on the actions from the March 18,
March 23, and April 1, 2020 City Council meetings, including the new logo and
information on the City actions in response to COVID-19, as updated on the City of Kenai
website.
2. Borough Planning – The next Planning Commission meeting was scheduled for April
13 and would also be done virtually.
3. Administration – City Planner Appleby reported on the following:
All of the Planning and Zoning forms were updated with the new logo and most of
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Planning and Zoning Commission Meeting Page 4 of 4
April 8, 2020
the forms were now fillable online;
Letters were sent to lessees noting the individual lease rate changes, effective July
1, 2020;
Most of the assisting staff were teleworking from home but were available and
moving City business forward as best as possible; and
She encouraged supporting local businesses and restaurants that are open for take-
out during this trying time.
K. ADDITIONAL PUBLIC COMMENT
L. INFORMATIONAL ITEMS
M. NEXT MEETING ATTENDANCE NOTIFICATION – April 22, 2020
N. COMMISSION COMMENTS & QUESTIONS
Commissioners Fikes and Askin expressed appreciation for the ease and smooth meeting in a
virtual setting, thanking the City Clerk.
O. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:41 p.m.
Minutes prepared and submitted by:
____________________________
Jacquelyn LaPlante
Deputy City Clerk
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May 13, 2020
Item Attachment Documents:
1. Resolution PZ2020-07 - Preliminary Subdivision Plat of Beaver Loop Acres, Addition No.
2. The plat was submitted by Segesser Surveys, 30485 Rosland Street, Soldotna,
AK 99660, on behalf of Beaver Loop Sand and Gravel, LLC, P.O. Box 1290, and the
Estate of Patrick Doyle and Mary Doyle, 2243 Beaver Loop Rd., Kenai, AK 99611.
8
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Elizabeth Appleby, City Planner
DATE: May 8, 2020
SUBJECT: PZ2020-07 – Preliminary Subdivision Plat – Beaver Loop Acres Addition
No. 2
Applicants: Beaver Loop Sand and Gravel LLC
P.O. Box 1290
Kenai, AK 99611
Estate of Patrick J. Doyle and Mary J. Doyle
2243 Beaver Loop Road
Kenai, AK 99611
Submitted By: Segesser Surveys.
30485 Rosaland St.
Soldotna, AK 99669
Requested Action: Preliminary Subdivision Plat – Beaver Loop Acres Addition No. 2
Legal Description: Tract A1, Beaver Loop Acres Addition No.1
Lot 2, Beaver Loop Acres Subdivision
Property Address: 2369 Beaver Loop Road
2243 Beaver Loop Road
KPB Parcel No: 04912051
04912048
Lot Size: 52.50 Acres (approximately 2,286,900 square feet)
1.09 Acres (approximately 47,480 square feet)
Existing Zoning: Rural Residential (RR)
Current Land Use: Gravel Pit and Residence
Land Use Plan: Low Density Residential
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Page 2 of 3
GENERAL INFORMATION
Segesser Surveys submitted a preliminary plat on behalf of Beaver Loop Sand and Gravel, LLC
and the Estate of Patrick J. Doyle and Mary J. Doyle. The plat affects the parcels described as
Tract A1, Beaver Loop Acres Addition No. 1, and Lot 2, Beaver Loop Acres. The preliminary plat
shows that the owner is subdividing Tract A1 and Lot 2 into Tract A2, and Lots 2A, 5, 6, 7, 8,
and 9, Beaver Loop Acres Addition No. 2.
Application, Public Notice, Public Comment
KMC 14.10.010 General under Chapter 14.10 Subdivision Regulations states preliminary plats
or replats must first be submitted to the City for review prior to the submittal of the plat to the
Kenai Peninsula Borough Planning Department. Kenai Municipal Code (KMC) 14.10.060
describes the process in more detail. The plat will be reviewed first by the City of Kenai Planning
and Zoning Commission and then by the Kenai Peninsula Borough’s Plat Committee and
Planning Commission.
The applicant completed the City of Kenai preliminary plat submittal form. The City of Kenai
follows Kenai Peninsula Borough Code 20.25.070 and 20.25.080 for preliminary plat submittal
requirements.
City staff published notice of the consideration of the plat as part of the agenda for the City of
Kenai Planning and Zoning Commission in the Peninsula Clarion. No public comments have
been received as of May 8, 2020.
ANALYSIS
Access to the proposed lots is via Beaver Loop Road, which is paved and maintained by the State
of Alaska. The proposed plat does not dedicate any additional rights-of-way. The plat does include
a notation that no private access to State maintained rights-of-way is permitted unless approved
by the State of Alaska Department of Transportation.
City of Kenai water and sewer lines are not available to the proposed subdivision. Property owners
will have to install a private well and a septic system following Alaska Department of
Environmental Conservation requirements. Plat note six addresses wastewater disposal. The
note provides that the soil conditions, water table levels, and soil slopes for lots five through nine
have been found suitable for conventional onsite wastewater treatment and disposal systems
serving single-family or duplex residences if regulatory requirements of the Kenai Peninsula
Borough are met. Any other type of onsite wastewater treatment and disposal system must be
designed by a professional engineer, and the design must be approved by the Alaska Department
of Environmental Conservation. Any wastewater treatment or disposal system for Tract A2 of the
proposed subdivision must meet the regulatory requirements of the Alaska Department of
Environmental Conservation.
A 15-foot easement for utilities is located along the southern boundary of the proposed lots. This
is denoted in plat note four, which states the front 15-feet adjacent to rights-of-way is utility
easement. The southern boundaries of the proposed lots are along right-of-way for Beaver Loop
Road, and no permanent structure shall be placed within the utility easement.
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Page 3 of 3
The parcels are within the Rural Residential (RR) Zone of the City. Plat note two states that the
subdivision is subject to City of Kenai zoning regulations.
The proposed Tract A2, Beaver Loop Acres Addition No. 2 is currently a gravel pit operated under
a City conditional use permit by Beaver Loop Sand and Gravel, LLC. It is the intention of the
property owner to reclaim the lots for the development of the proposed subdivision. The
subdivision is in alignment with the reclamation plans of Beaver Loop Sand and Gravel, LLC.
The preliminary plat meets requirements of KMC Subdivision design standards and KMC
14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations. City
staff recommends a condition of approval for the property to conform to all federal, State of
Alaska, and local regulations. Other conditions of approval are that the signature line, vicinity
map title, and title block be updated for clarity and the dashed line showing the former lot line for
the proposed Lot 2A be labeled.
RECOMMENDATIONS
City staff recommends approval of the preliminary plat of Beaver Loop Acres Addition No. 2,
subject to the following conditions:
1.Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
2.The title block shall be revised to include that the resubdivision also covers Lot 2, Beaver
Loop Acres Subdivision, Plat 94-15.
3.The “former lot line” shall be labeled on Lot 2A.
4.The signature line for Patrick Doyle shall be revised to read “The Estate of Patrick J. Doyle,
deceased”.
5.The text box reading “Inlet” superimposed over the word “Map” in “Vicinity Map” shall be
deleted.
ATTACHMENTS
1.Resolution No. PZ2020-07
2. Application
3. Preliminary Plat
4. Aerial Map
11
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2020-07
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE RESUBDIVISION OF BEAVER LOOP ACRES
ADDITION NO. 2 ATTACHED HERETO BE APPROVED
WHEREAS, the City of Kenai received the plat from Segesser Surveys, Incorporated; and,
WHEREAS, the plat meets Municipal Code requirements of the Rural Residential Zone; and,
WHEREAS, street names are referenced correctly; and,
WHEREAS, the plat grants a fifteen-foot (15”) utility easement adjacent to the right-of-way of
Beaver Loop Road; and
WHEREAS, the plat will not change the existing access to the properties; and,
WHEREAS, Beaver Loop Road is a paved and State maintained road providing access to the
property; and,
WHEREAS, an installation agreement is not required; and,
WHEREAS, the Planning and Zoning Commission finds:
1. Pursuant to Kenai Municipal Code 14.10.070 Subdivision design standards, the plat
conforms to the minimum street widths, an easement is sufficiently provided for utilities,
the proposed lot would be arranged to provide satisfactory and desirable building sites,
and the preliminary plat meets standards for water and wastewater.
2. Pursuant to Kenai Municipal Code 14.10.080 Minimum improvements required, there is
adequate access and facilities available to the proposed parcel. An installation agreement
is not required.
3. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the
proposed lots meets City standards for minimum lot sizes.
4. Pursuant to Kenai Municipal Code 14.24.020 General Requirements, the proposed lots
meet City standards for minimum lot width, maximum lot coverage, maximum height, and
setbacks.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
12
Resolution No. PZ2020-07
Page 2 of 2
Section 1. That the Beaver Loop Acres Addition No. 2 be approved subject to the following
conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
2. The title block shall be revised to include that the resubdivision also covers Lot 2, Beaver
Loop Acres Subdivision, Plat 94-15.
3. The “former lot line” shall be labeled on Lot 2A.
4. The signature line for Patrick Doyle shall be revised to read “The Estate of Patrick J. Doyle,
deceased”.
5. The text box reading “Inlet” superimposed over the word “Map” in “Vicinity Map” shall be
deleted.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 13th day of May, 2020.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CITY CLERK
13
14
15
Parcels 04912051 and 04912048
2369 and 2243 Beaver Loop Road
Tract A1, Beaver Loop Acres Addition No. 1 and
Lot 2, Beaver Loop Acres Subdivision
04912051
04912048
BEAVER LO
O
P
R
D
TUNDRA ROSE LN
.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
Date: May 2020
LEGEND
Parcels Amended by Preliminary Plat
04020 Feet Kenai River
Preliminary Plat Aerial Map
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Kenai Planning and Zoning Commission Meeting Page 17 of 84
May 13, 2020
Item Attachment Documents:
1. Resolution PZ2020-04 - Application for the rezoning of an approximately 10.6 acre
parcel, described as a portion of the S1/2 SE1/4 SW 1/4, lying North of K-Beach Road,
Section 17, T5N, R11W, excepting therefrom VIP Country Estates Subd. Part 5 from
Rural Residential (RR) to Limited Commercial (LC). The application was submitted by the
majority property owners, Rick and Connie Vann, P.O. Box 561, Kasilof, AK 99610.
17
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Elizabeth Appleby, City Planner
DATE: May 7, 2020
SUBJECT: PZ2020-04 – Rezone Request of 725 Baleen Avenue from RR to LC
Applicants: City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Submitted By: Connie and Rick Vann
Vann Revocable Trust
P.O. Box 561
Kasilof, AK 99610
Requested Action: Rezone from Rural Residential (RR) to Limited Commercial (LC)
Legal Description: Portion of S1/2 SE1/4 SW1/4 Lying North of K-Beach Road
Excluding VIP Country Estates Subdivision Part 5
Property Address: 725 Baleen Avenue
KPB Parcel No: 04941052
Lot Size: 10.6 Acres (approximately 461,736 square feet)
Existing Zoning: Rural Residential (RR)
Current Land Use: Vacant
Land Use Plan: Low Density Residential (LDR)
GENERAL INFORMATION
A completed application was submitted requesting that parcel 04941052 be rezoned from Rural
Residential (RR) to Limited Commercial (LC). Kenai Municipal Code (KMC) 14.20.270,
Amendment procedures, describes initiation of zoning code and official map amendments.
Zoning code amendments may be initiated by a submission of a petition by a majority of the
property owners in the area for consideration if the area to be rezoned contains a minimum of
one acre unless the amendment enlarges an adjacent district boundary. Vann Revocable Trust
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Page 2 of 3
is the owner parcel 04941052, which is 10.6 acres in size. The requested rezone meets the
criteria for an amendment.
Application, Public Notice, Public Comment
Pursuant to KMC 14.20.280-Public hearing and notifications, describes processes for public
hearings. City staff published notice of the public hearing as part of the agenda for the City of
Kenai Planning and Zoning Commission meeting in the Peninsula Clarion, sent notification to
real property owners within three-hundred-feet (300’) of the affected parcel, and notification was
posted on the property. No public comments have been received as of May 6, 2020.
ANALYSIS
This parcel fronts Kalifornsky Beach Road for approximately 1,292 feet. Kalifornsky Beach Road
is a major collector street maintained by the State of Alaska. A paved bike path runs directly in
front of the parcel along Kalifornsky Beach Road. Several multi-family housing units are to the
east. Across the street on Kalifornsky Beach Road (outside City limits) is commercial
development, including Panama Reds and a fish market.
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 LC Zone is
intended to provide transition areas between commercial and residential districts by allowing low
to medium volume business, mixed residential and other compatible uses which complement
and do not materially detract from the uses allowed with adjacent districts.
The LC Zone is more consistent with the layout of the parcel. The applicant has indicated plans
to construct a multi-unit complex that would have commercial development on the first floor.
Commercial uses could take advantage of the frontage on Kalifornsky Beach Road. The LC
Zone still allows for residential uses and requires a conditional use permit for many commercial
uses, including business/consumer services and retail businesses, which will ensure the
neighborhood character to the north is not impacted by development of this parcel.
The 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan states, “Transportation
improvements such as the construction of the Warren Ames Memorial Bridge/Bridge Access
Road gave the Kalifornsky Beach area south of the Kenai River a road connection to the rest of
the City and spurred development.” This change is zoning reflect the change in the City layout
over time and supports Goal 3 – Land Use: Develop land use strategies to implement a forward-
looking approach to community growth and development.
RECOMMENDATIONS
The rezone request of 725 Baleen Avenue from the Rural Residential Zone to the Limited
Commercial Zone is suitable for an approval recommendation by the Planning and Zoning
Commission to the Kenai City Council.
ATTACHMENTS
1. Resolution No. PZ2020-04
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Page 3 of 3
2. Application
3. Maps
4. Photos
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_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2020-04
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THE COUNCIL OF THE CITY OF KENAI APPROVE THE
REZONE REQUEST OF 725 BALEEN AVENUE FROM RURAL RESIDENTIAL TO THE
LIMITED COMMERCIAL
WHEREAS, the City of Kenai received a rezone application from the majority property owners in
accordance with Kenai Municipal Code 14.20.270, Amendment procedures; and,
WHEREAS, 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; and,
WHEREAS, the LC Zone is intended to provide transition areas between commercial and
residential districts by allowing low to medium volume business, mixed residential and other
compatible uses which complement and do not materially detract from the uses allowed with
adjacent districts; and,
WHEREAS, the rezone request is for an area over ten acres in size; and,
WHEREAS, the area to be rezoned fronts Kalifornsky Beach Road, a major collector street; and,
WHEREAS, several multi-family units are adjacent to the parcel; and,
WHEREAS, across street on Kalifornsky Beach Road outside City limits is commercial
development, including a CBD retail store and a fish market; and,
WHEREAS, the LC Zone still allows for residential uses and requires a conditional use permit for
many commercial uses, including business/consumer services and retail businesses, which will
ensure the neighborhood character to the north is not impacted by development of this parcel;
and,
WHEREAS, the rezone is consistent with Goal 3 – Land Use: Develop land use strategies to
implement a forward-looking approach to community growth and development of the 2016
Imagine Kenai 2030 City of Kenai Comprehensive Plan.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the Kenai City Council approve of the rezone request of 725 Baleen Avenue
from Rural Residential to Limited Commercial.
Section 2. That a copy of Resolution PZ2020-04 be forwarded to the Kenai City Council.
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Resolution No. PZ2020-04
Page 2 of 2
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 13th day of May, 2020.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CITY CLERK
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23
24
VIP DRBALEEN AVE SEINE ST.
Date: 4/6/2020
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
725 Baleen Avenue
Parcel No:04941052
Existing Lot LineKALIFORNSKY BEACH ROAD
0 220110 Feet
25
VIP DRBALEEN AVE
SET NET DR
SEINE STPIRATE LNWA
T
E
R
G
A
T
E
W
A
Y
S
E
I
N
E
C
T
Date: 4/6/2020
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
725 Baleen Avenue
Parcel No:04941052
KALIFORNSKY BEACH ROAD
Outside of City Limits
LEGENDZoning
Outside of City Limits
Rural Residential
0 33,00016,500 Feet
.
26
Site Photos
PZ2020-04 – Rezone – Rural Residential to Limited Commercial
725 Baleen Avenue; KPB Parcel No. 04941052
Request from: Majority property owners
Photo #1
The photo below is of Panama Reds, a commercial business across the street on Kalifornsky
Beach Road from the subject parcel.
27
Page 2 of 3
Photo #2
The photo below shows commercial development across the street on Kalifornsky Beach Road
from the subject parcel at the corner of VIP Drive and Kalifornsky Beach Road.
28
Page 3 of 3
Photo #3
The photo below is of one of the multi-family units adjacent to the subject parcel accessed off
Baleen Avenue near its intersection with Pirate Lane.
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Kenai Planning and Zoning Commission Meeting Page 30 of 84
May 13, 2020
Item Attachment Documents:
2. Resolution PZ2020-11 - Application for a Conditional Use of a Six-Plex for Senior
Housing, on an approximately 1.22 acre parcel, described as Lot 1, Kenai Meadows, and
located at 2392 Redoubt Avenue. The application was submitted by Kenai Peninsula
Housing Initiatives, Inc., P.O. Box 1869, Homer, AK 99603.
30
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Elizabeth Appleby, City Planner
DATE: May 8, 2020
SUBJECT: PZ2020-11 – Conditional Use Permit – Six Family Dwelling Unit
Applicant: Kenai Peninsula Housing Initiatives, Inc.
P.O Box 1869
Homer, Alaska 99603
Legal Description: Lot 1, Kenai Meadows
Property Address: 2392 Redoubt Avenue
KPB Parcel No: 03901063
Lot Size: 1.215 (52,925 square feet)
Existing Zoning: Real Residential
Current Land Use: Six Family Dwelling Unit
Land Use Plan: Suburban Residential
GENERAL INFORMATION
A five or six-family dwelling is listed as a conditional use within the Rural Residential Zone in
Kenai Municipal Code 14.22, Land Use Table. The applicant, Kenai Peninsula Housing Initiatives,
Inc., has obtained a conditional use permit to construct one six-plex that has completed. In order
to add a second six-plex to the parcel, a conditional use permit must be granted by the City of
Kenai Planning and Zoning Commission.
The Kenai City Council enacted Ordinance No. 2899-2016 that granted this foreclosed property
to Kenai Peninsula Housing Initiatives, Inc. for restricted income and senior housing. The property
was no longer needed for a public purpose and the donation was provided benefit to the City. The
Quitclaim Deed conveying Lot 1, Kenai Meadows, from the City of Kenai to Kenai Peninsula
Housing Initiatives, Inc. contains the following restriction:
31
Page 2 of 5
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, Inc.
With the addition of the second six-plex, the total square footage of buildings located on the
property will be 16, 508 square feet. The maximum lot coverage allowed under Kenai Municipal
Code 14.24.20 – Development Requirements Table is 15,878 square feet; therefore, the applicant
exceeds the maximum lot coverage allowed by approximately 630 square feet. Accordingly, Kenai
Peninsula Housing Initiatives, Inc. has also submitted an application for a variance permit. The
variance permit is contingent upon approval of the conditional use permit for the additional
structure.
Application, Public Notice, Public Comment
Kenai Municipal Code 14.22.010 – Land Use Table provides that a Six-Family Dwelling Unit is a
conditional use. Accordingly, on May 1, 2020, an application for a conditional use permit for a six-
family dwelling unit was submitted by Connie Vann, on behalf of Kenai Peninsula Housing
Initiatives, Inc. Planning staff reviewed the application and deemed it to be complete.
Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional
use were mailed to property owners within a three hundred-foot (300’) periphery of the subject
property. City staff published notice of the public hearing in the Peninsula Clarion. The applicant
submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the
public hearing for the conditional use request.
ANALYSIS
Kenai Municipal Code 14.20.150(d) – Review Criteria for Conditional Use Permits
Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that
may be compatible with the designated principal uses in specific zoning districts provided certain
conditions are met. KMC 14.20.150(d)-Conditional Use Permits Review Criteria states six
conditions that the Planning and Zoning Commission must deem to exist when establishing
findings prior to issuing a conditional use permit:
The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
The proposed six-unit apartment community meets the intent of KMC14.20.150 and the
intent of the RR Zone with respect to the proposed use as a six-unit apartment community,
given compliance with the staff recommended specific conditions set forth below. 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 the second 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. The
adjacent parcel also contains two multi-unit structures and is also owned by the applicant.
32
Page 3 of 5
Both parcels front Redoubt Avenue and would not bring heavy traffic into an existing
neighborhood.
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 that front Redoubt Avenue.
In addition, there is a detached four-plex located on McKinley Avenue, which is accessed
directly off Redoubt Avenue. Kenai Peninsula Housing Initiatives, Inc. has also
constructed a six-plex and four-plex on the adjoining Lot 2, Kenai Meadows. 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.
The proposed use is in harmony with the Comprehensive Plan.
The Land Use Plan with the City’s 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 Suburban Residential classification provides
for areas that will typically be development at a higher density that the Low Density
Residential classification.
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
52,925 square feet, which is much larger than the required minimum lot size of 20,000
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.
Public services and facilities are adequate to serve the proposed use.
The properties located along Redoubt Avenue have access to City water, City 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.
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.
33
Page 4 of 5
Specific conditions deemed necessary.
See Conditions of Approval as set forth below. The applicant must obtain a building permit,
an approved site plan, and a variance permit prior to construction.
RECOMMENDATIONS
City staff find that the applicant meets the criteria for issuance of a Conditional Use Permit as
set forth in subsections (d)(1) through (d)(4) of Kenai Municipal Code 14.20.185, and hereby
recommends that the Planning and Zoning Commission approve the Conditional Use Permit
application, subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, 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 issuance of a Building Permit, a variance permit must be reviewed and approved
by the Planning and Zoning Commission.
4. Prior to beginning construction of the project, a building permit must be issued by the
Building Official for the City of Kenai.
5. A biennial fire inspection must be completed by the Fire Marshal for the City of Kenai.
6. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
7. The applicant will meet with City staff for on-site inspections when requested.
8. If there is a change of use for the above described property a new Conditional Use Permit
must be obtained, pursuant to 14.20.150(i)(5).
9. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination
or interruption of the use for a period of at least one year.
10. Failure to provide documentation to the City for meeting these conditions shall be grounds
for the suspension or revocation of the conditional use permit.
ATTACHMENTS
A. Resolution No. PZ2020-11
B. Application
C. Site Plan
34
Page 5 of 5
D. Map
E. Photos
35
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2020-11
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A CONDITIONAL USE PERMIT FOR A RESIDENTIAL SIX-FAMILY DWELLING
UNIT FOR SENIORS AGE 55 AND OLDER.
APPLICANT: Kenai Peninsula Housing Initiatives, Inc.
REPRESENTATIVE: Connie Vann
PROPERTY ADDRESS: 2932 Redoubt Avenue
LEGAL DESCRIPTION: Lot 1, Kenai Meadows
KENAI PENINSULA BOROUGH PARCEL NUMBER: 03901063
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on May 1, 2020; and,
WHEREAS, the conditional use aligns with Ordinance 2899-2016 that granted the property from
the City to the applicant; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code
14.20.150; and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing on May 13, 2020, following requirements outlined in Kenai Municipal Code
14.20.280 for public hearings and notifications.
WHEREAS, the Planning and Zoning Commission finds:
1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the
purposes and intent of the zoning district;
Critera Met: The proposed six-unit apartment community meets the intent of
KMC14.20.150 and the intent of the RR Zone with respect to the proposed use as a six-
unit apartment community, given compliance with the staff recommended specific
conditions set forth below. 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 the
second six unit apartment community (Kenai Meadows Senior Apartments) in this zone.
36
Resolution No. PZ2020-11
Page 2 of 4
The proposed six-unit apartment community will offer two one-bedroom units and four two-
bedroom units. The adjacent parcel also contains two multi-unit structures and is also
owned by the applicant. Both parcels front Redoubt Avenue and would not bring heavy
traffic into an existing neighborhood.
2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be
significantly impaired;
Criteria Met. The surrounding neighborhood consists of both single-family dwellings and
multi-family dwellings. There are currently two larger apartment complexes that front
Redoubt Avenue. In addition, there is a detached four-plex located on McKinley Avenue,
which is accessed directly off Redoubt Avenue. Kenai Peninsula Housing Initiatives, Inc.
has also constructed a six-plex and four-plex on the adjoining Lot 2, Kenai Meadows. 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.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Criteria Met. The Land Use Plan with the City’s 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 Suburban Residential
classification provides for areas that will typically be development at a higher density that
the Low Density Residential classification.
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
52,925 square feet, which is much larger than the required minimum lot size of 20,000
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.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Criteria Met. The properties located along Redoubt Avenue have access to City water,
City 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.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Criteria Met: 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
37
Resolution No. PZ2020-11
Page 3 of 4
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.
6. KMC 14.150(d)(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.
See Conditions of Approval as set forth in Section 2. The applicant must obtain a building
permit, an approved site plan, and a variance permit prior to construction.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That a conditional use permit is granted to Kenai Peninsula Housing Initiatives, Inc.
for the use of a residential six-family dwelling unit for seniors age 55 and older on Lot
1, Kenai Meadows located at 2392 Redoubt Avenue.
Section 2. That the conditional use permit is subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, 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 issuance of a Building Permit, a variance permit must be reviewed and approved
by the Planning and Zoning Commission.
4. Prior to beginning construction of the project, a building permit must be issued by the
Building Official for the City of Kenai.
5. A biennial fire inspection must be completed by the Fire Marshal for the City of Kenai.
6. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
7. The applicant will meet with City staff for on-site inspections when requested.
8. If there is a change of use for the above described property a new Conditional Use Permit
must be obtained, pursuant to 14.20.150(i)(5).
9. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination
or interruption of the use for a period of at least one year.
10. Failure to provide documentation to the City for meeting these conditions shall be grounds
for the suspension or revocation of the conditional use permit.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 13th day of May, 2020.
38
Resolution No. PZ2020-11
Page 4 of 4
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CMC, CITY CLERK
39
40
41
42
Parcel 03901063
2392 Redoubt Avenue
Lot 1, Kenai Meadows
ON JUNCTION1988 ADD'N.1 2 3
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REDOUBT AVE
.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
Conditional Use Permit - Six Plex
Aerial Map - 2016 Imagery
Date: May 2020
LEGEND
Parce 03901063
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RZQHGE\WKHDSSOLFDQWZLWKWZRPXOWLXQLWVWUXFWXUHV
45
Kenai Planning and Zoning Commission Meeting Page 46 of 84
May 13, 2020
Item Attachment Documents:
3. Resolution PZ2020-12 - Application for a Variance of Kenai Municipal Code 14.14.020 -
Maximum Lot Coverage, on an approximately 1.22 acre parcel, described as Lot 1, Kenai
Meadows, and located at 2392 Redoubt Avenue. The application was submitted by Kenai
Peninsula Housing Initiatives, Inc., P.O. Box 1869, Homer, AK 99603.
46
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Elizabeth Appleby, City Planner
DATE: May 8, 2020
SUBJECT: PZ2020-12 – Variance Permit – Maximum Lot Coverage
Applicant: Kenai Peninsula Housing Initiatives, Inc.
P.O Box 1869
Homer, Alaska 99603
Legal Description: Lot 1, Kenai Meadows
Property Address: 2392 Redoubt Avenue
KPB Parcel No: 03901063
Lot Size: 1.215 (52,925 square feet)
Existing Zoning: Rural Residential (RR)
Current Land Use: Six Family Dwelling Unit
Land Use Plan: Suburban Residential
GENERAL INFORMATION
Kenai Peninsula Housing Initiatives, Inc. constructed an 8,254 square foot six-plex (Kenai
Meadows Senior Apartments) on Lot 1 Kenai Meadows (2392 Redoubt Avenue). On April 20,
2019, a Certificate of Occupancy was issued by the City for the six-plex. Kenai Peninsula Housing
Initiatives, Inc. plans to construct a second six-plex on the same lot and has submitted an
application for a second building permit. The second six-plex would also be 8,254 square feet for
senior housing. With the addition of the second six-plex, the total square footage of buildings
located on the property will be 16,508 square feet. The maximum lot coverage allowed is 30% of
the total lot size under Kenai Municipal Code 14.24.20 – Development Requirements. For this lot,
30% of the total lot size gives a lot coverage limit of 15,878 square feet. Kenai Peninsula Housing
Initiatives, Inc. has submitted an application for a variance permit requesting lot coverage of
16,508 square feet instead of the 15,878 limit, an increase of 630 square feet over what is allowed
by Kenai Municipal Code.
47
Page 2 of 4
The Kenai City Council enacted Ordinance No. 2899-2016 that granted this foreclosed property
to Kenai Peninsula Housing Initiatives, Inc. for restricted income and senior housing. The property
was no longer needed for a public purpose and the donation was provided benefit to the City. The
Quitclaim Deed conveying Lot 1, Kenai Meadows, from the City of Kenai to Kenai Peninsula
Housing Initiatives, Inc. contains 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, Inc..
The subject lot is approximately 1.215 acres. Properties within the Rural Residential Zone, provide
that a five or six-family dwelling is a conditional use; therefore, a Conditional Use Permit must be
granted prior to commencement of the construction of the second six-unit apartment community.
The granting of this variance is contingent upon Kenai Peninsula Housing receiving a conditional
use permit for the six-plex.
Application, Public Notice, Public Comment
City staff received a complete application for a variance on the maximum lot coverage on May 1,
2020. Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing were mailed
to property owners within a three hundred-foot (300’) periphery of the subject property. City staff
published notice of the public hearing in the Peninsula Clarion. The applicant submitted an
Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing
for the maximum lot coverage variance request.
ANALYSIS
KMC 14.20.180 details the intent, application, and review criteria for a variance permit. The
Commission shall establish a finding that all of the following conditions exist as a prerequisite to
issuance of a variance permit:
1. Special conditions or circumstances are present which are peculiar to the land or structures
involved which are not applicable to other lands or structures in the same zoning district.
This parcel was donated to provide housing for seniors and restricted income residents,
which is a special condition peculiar to the land or structures not applicable to other
structures in the Rural Residential Zone. In addition, the structures are specifically designed
to be one level to accommodate the needs of the senior residents.
2. The special conditions or circumstances have not been caused by actions of the applicant
and such conditions and circumstances do not merely constitute a pecuniary hardship or
inconvenience.
Kenai Peninsula Housing Initiatives, Inc. has always had plans to place two multi-family
dwelling units on the parcel for restricted income and senior housing. However, specific
design of the structures was not established until the first six-family dwelling was constructed
in 2018. Kenai Peninsula Housing Initiatives, Inc. also owns the adjacent lot to the east and
has already constructed two multi-family dwelling units on that parcel that are neat in
appearance and have been well-kept. The adjacent lot was also donated by the City under
48
Page 3 of 4
Ordinance No. 2899-2016 to provide for restricted income and senior housing. Kenai
Peninsula Housing Initiatives, Inc. is a non-profit corporation with a mission to provide low
income, very low income, senior, and special needs residents affordable housing options.
The value of the property shall revert to the City is a sale occurs within 20 years of the land
transfer to Kenai Peninsula Housing Initiatives, Inc. For these reasons, the special
conditions or circumstances have not been caused by actions of the applicant and such
conditions and circumstances do not merely constitute a pecuniary hardship or
inconvenience to the applicant.
3. The granting of the variance shall not authorize a use that is not a permitted principal use in
the zoning district in which the property is located.
Kenai Municipal Code 14.22.010 Land Use Table provides that a Six-Family Dwelling is a
conditional use. The owner obtained a conditional use permit (Resolution PZ2018-08) for
the construction of the first multi-family dwelling. The owner has also submitted an
application for a conditional use permit for the second multi-family dwelling (PZ2020-11).
The granting of this variance is contingent upon Kenai Peninsula Housing receiving a
conditional use permit for the second six-plex.
4. The granting of a variance shall be the minimum variance that will provide for the reasonable
use of the land and/or structure.
The total square footage of buildings located on the property will be 16,508 square feet. The
maximum lot coverage allowed under Kenai Municipal Code 14.24.20 – Development
Requirements Table is 15,878 square feet. The applicant exceeds the maximum lot
coverage allowed by approximately 630 square feet. Given the single-story housing design
to accommodate seniors, the granting of the variance is the minimum variance that will
provide for the reasonable use of the land and/or structure.
5. The granting of a variance shall not be based upon other non-conforming land uses or
structures within the same land use or zoning district.
The granting of this variance permit is not based upon other non-conforming land uses or
structures within the same land use or zoning district.
RECOMMENDATIONS
City staff finds the applicant meets the criteria for issuance of a variance permit in accordance
with KMC 14.20.180, Variance permits, and recommends that the Planning and Zoning
Commission approve the variance permit application, subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and
local regulations.
2. Prior to issuance of a Building Permit for an additional structure on the property, a
Landscape/Site plan must be reviewed and approved by the City Planner.
3. Prior to issuance of a Building Permit for a second six-plex, a conditional use permit
must be approved by the City of Kenai Planning and Zoning Commission.
49
Page 4 of 4
ATTACHMENTS
A. Resolution No. PZ2020-12
B. Application
C. Site Plan
D. Maps
E. Photos
50
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2020-12
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A VARIANCE PERMIT TO EXCEED THE MAXIMUM LOT COVERAGE AT
LOT 1, KENAI MEADOWS
APPLICANT: Kenai Peninsula Housing Initiatives, Inc.
REPRESENTATIVE: Connie Vann
PROPERTY ADDRESS: 2932 Redoubt Avenue
LEGAL DESCRIPTION: Lot 1, Kenai Meadows
KENAI PENINSULA BOROUGH PARCEL NUMBER: 03901063
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150,
Variance permit – Permit Application, was submitted to the City on May 1, 2020; and,
WHEREAS, the variance aligns with Ordinance 2899-2016 that granted the property from the City
to the applicant; and,
WHEREAS, the applicant has demonstrated with plans and other documents that all of the
conditions have been found to exist as a prerequisite to issuance of a variance permit pursuant
to Kenai Municipal Code 14.20.180(c), Variance permit – Review Criteria; and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing on May 13, 2020, following requirements outlined in Kenai Municipal Code
14.20.280 for public hearings and notifications; and,
WHEREAS, the Planning and Zoning Commission finds:
1. Special conditions or circumstances are present which are peculiar to the land or structures
involved which are not applicable to other lands or structures in the same zoning district.
This parcel was donated to provide housing for seniors and restricted income residents,
which is a special condition peculiar to the land or structures not applicable to other
structures in the Rural Residential Zone. In addition, the structures are specifically designed
to be one level to accommodate the needs of the senior residents.
2. The special conditions or circumstances have not been caused by actions of the applicant
and such conditions and circumstances do not merely constitute a pecuniary hardship or
inconvenience.
51
Resolution No. PZ2020-12
Page 2 of 3
Kenai Peninsula Housing Initiatives, Inc. has always had plans to place two multi-family
dwelling units on the parcel for restricted income and senior housing. However, specific
design of the structures was not established until the first six-family dwelling was constructed
in 2018. Kenai Peninsula Housing Initiatives, Inc. also owns the adjacent lot to the east and
has already constructed two multi-family dwelling units on that parcel that are neat in
appearance and have been well-kept. The adjacent lot was also donated by the City under
Ordinance No. 2899-2016 to provide for restricted income and senior housing. Kenai
Peninsula Housing Initiatives, Inc. is a non-profit corporation with a mission to provide low
income, very low income, senior, and special needs residents affordable housing options.
The value of the property shall revert to the City is a sale occurs within 20 years of the land
transfer to Kenai Peninsula Housing Initiatives, Inc. For these reasons, the special
conditions or circumstances have not been caused by actions of the applicant and such
conditions and circumstances do not merely constitute a pecuniary hardship or
inconvenience to the applicant.
3. The granting of the variance shall not authorize a use that is not a permitted principal use in
the zoning district in which the property is located.
Kenai Municipal Code 14.22.010 Land Use Table provides that a Six-Family Dwelling is a
conditional use. The owner obtained a conditional use permit (Resolution PZ2018-08) for
the construction of the first multi-family dwelling. The owner has also submitted an
application for a conditional use permit for the second multi-family dwelling (PZ2020-11).
The granting of this variance is contingent upon Kenai Peninsula Housing receiving a
conditional use permit for the second six-plex.
4. The granting of a variance shall be the minimum variance that will provide for the reasonable
use of the land and/or structure.
The total square footage of buildings located on the property will be 16,508 square feet. The
maximum lot coverage allowed under Kenai Municipal Code 14.24.20 – Development
Requirements Table is 15,878 square feet. The applicant exceeds the maximum lot
coverage allowed by approximately 630 square feet. Given the single-story housing design
to accommodate seniors, the granting of the variance is the minimum variance that will
provide for the reasonable use of the land and/or structure.
5. The granting of a variance shall not be based upon other non-conforming land uses or
structures within the same land use or zoning district.
The granting of this variance permit is not based upon other non-conforming land uses or
structures within the same land use or zoning district.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That a variance permit is granted to Kenai Peninsula Housing Initiatives, Inc. relaxing
the maximum lot coverage of 30 percent as set forth in Kenai Municipal Code
14.24.020 – Development Requirements Table, for the development of the additional
six family dwelling unit located at 2392 Redoubt Avenue.
Section 2. That the variance permit is subject to the following conditions:
52
Resolution No. PZ2020-12
Page 3 of 3
1. Further development of the property shall conform to all federal, State of Alaska, and
local regulations.
2. Prior to issuance of a Building Permit for a second six-plex, a conditional use permit
must be approved by the City of Kenai Planning and Zoning Commission.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 13th day of May, 2020.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CMC, CITY CLERK
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54
55
56
Parcel 03901063
2392 Redoubt Avenue
Lot 1, Kenai Meadows
ON JUNCTION1988 ADD'N.1 2 3
TR. A
1 2
(1)(1)
23962398 23941008 2200239223962398239410082390
REDOUBT AVE
.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
Variance Aerial Map - 2016 Imagery
Date: May 2020
LEGEND
Parce 03901063
04020 Feet
57
Site Photos
PZ2020-12 – Variance Permit – Maximum Lot Coverage
2392 Redoubt Avenue; Lot 1, Kenai Meadows; KPB Parcel No. 03901063
Applicant: Kenai Peninsula Housing Initiatives, Inc.
Photo #1
The photo below is of the subject parcel. One six-plex has been constructed and the applicant
plans to build an additional six-plex on the right portion of the photo. The additional building
requires a variance from maximum lot coverage allowed by Kenai Municipal Code to be
constructed.
58
Page 2 of 2
Photo #2
The photo below is of the adjacent parcel also owned by the applicant. The applicant has
already constructed a six-plex and a four-plex on this parcel. While the design structures on this
lot differs, this photo is offered as a representation of the final appearance of the adjacent lot
owned by the applicant with two multi-unit structures.
59
Kenai Planning and Zoning Commission Meeting Page 60 of 84
May 13, 2020
Item Attachment Documents:
1. City Council
60
Kenai City Council - Regular Meeting Page 1 of 3 April 15, 2020
Kenai City Council - Regular Meeting
April 15, 2020 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
ACTION AGENDA
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. Tim Dillon, Kenai Peninsula Economic Development District - COVID-19 Economic Impact Survey.
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3116-2020 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and Airport Improvements Capital Project Funds and Authorizing a Professional Services Agreement for the Design of the Airport Operations Sand Storage Facility Project. (Administration)
• Substitute Ordinance No. 3116-2020
2. ADOPTED UNANIMOUSLY. Resolution No. 2020-18 - Awarding a Contract to Provide a Cybersecurity Audit. (Administration)
3. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2020-19 - Recognizing the Successful Efforts of the State Leadership and Alaskan Residents to Slow the Spread of COVID-19 and Encouraging T=the Governor to Rescind or Modify COVID-19 Health Mandates 003: State Wide Closure Restaurants, Bars, Entertainment, 009: Personal Care Services and Gatherings, and 012: Intrastate Travel, as Soon as Reasonably Practical to Allow Alaskan Businesses to Resume Operations, Employees to Return to Work and
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Kenai City Council - Regular Meeting Page 2 of 3 April 15, 2020
Residents to Receive Services in a Safe Manner Observing Social Distancing Requirements. (Council Member Peterkin)
4. ADOPTED UNANIMOUSLY. Resolution No. 2020-20 - Supporting H.R. 6467-Coronavirus Community Relief Act, Providing Enhanced Coronavirus Relief Funds to Units of Local Governments with a Population of 500,000 or Less. (Mayor Gabriel)
E. MINUTES
1. APPROVED UNANIMOUSLY BY THE CONSENT AGENDA. *Regular Meeting of March 18, 2020. (City Clerk)
2. APPROVED UNANIMOUSLY BY THE CONSENT AGENDA. *Special Meeting of March 24, 2020. (City Clerk)
3. APPROVED UNANIMOUSLY BY THE CONSENT AGENDA. *Regular Meeting of April 1, 2020. (City Clerk)
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED UNANIMOUSLY BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration)
2. APPROVED UNANIMOUSLY BY THE CONSENT AGENDA. *Action/Approval - Purchase Orders Over $15,000. (Administration)
3. INTRODUCED BY THE CONSENT AGENDA – PUBLIC HEARING SET FOR 05-06-2020.
*Ordinance No. 3117-2020 - Appropriating Funds in the Airport Fund, Accepting a Grant from the Federal Aviation Administration and Appropriating Funds in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment (SRE) – Loader With Attachments. (Administration)
4. INTRODUCED BY THE CONSENT AGENDA – PUBLIC HEARING SET FOR 05-06-2020.
*Ordinance No. 3118-2020 - Increasing Estimated Revenues and Appropriations By $1,287.44 in the General Fund – Police Department for State Traffic Grant Overtime Expenditures. (Administration)
5. INTRODUCED BY THE CONSENT AGENDA – PUBLIC HEARING SET FOR 05-06-2020.
*Ordinance No. 3119-2020 - Increasing General Fund Estimated Revenues and Appropriations by $26,542 in the General Fund Parks, Recreation and Beautification Department for an Increase of a Grant from the United States Environmental Protection Agency Passed Through the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City’s Beaches from March 1, 2020 Through June 30, 2020. (Administration)
6. Discussion – Schedule a Work Session to Review and Discuss the Fiscal Year 2021 City of Kenai Budget. (Mayor Gabriel)
7. Discussion - City Response to COVID-19. (Administration)
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Kenai City Council - Regular Meeting Page 3 of 3 April 15, 2020
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
1. Review and Discussion of the City Manager’s Evaluation which may be a Subject that Tends to Prejudice the Reputation and Character of the City Manager [AS 44.62.310(C)(2)].
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000.
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.
63
Kenai City Council Meeting -
Special Meeting
Page 1 of 1
April 16, 2020
Kenai City Council - Special Meeting
April 16, 2020 ꟷ 5:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
*Telephonic/Virtual Information Below*
www.kenai.city
AGENDA
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
B. PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
C. EXECUTIVE SESSION
1. Review and Discussion of the City Attorney’s Evaluation which may be a Subject that Tends
to Prejudice the Reputation and Character of the City Attorney [AS 44.62.310(C)(2)].
2. Review and Discussion of the City Clerk’s Evaluation which may be a Subject that Tends
to Prejudice the Reputation and Character of the City Clerk. [AS 44.62.310(C)(2)].
D. ADJOURNMENT
Join Zoom Meeting: https://zoom.us/j/284487328
Meeting ID: 284 487 328
Password: 804405
Dial by your location: (253) 215 8782 -or- (301) 715 8592
Meeting ID: 284 487 328
Password: 804405
64
Kenai City Council –
Budget Work Session
Page 1 of 2
April 25, 2020
Kenai City Council – FY 2021 Budget
Work Session
April 25, 2020 ꟷ 9:00 AM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
*Telephonic/Virtual Information Below*
www.kenai.city
Agenda
A. Call to Order
B. Budget Introduction – Paul Ostrander, City Manager
C. General and Revenue Overview Presentation – Terry Eubank, Finance Director
D. Department Presentations
1. City Manager
Visitor Center
Land Administration
2. Human Resources
3. Planning and Zoning
4. Finance
Non-Departmental
5. Legal
6. Police
Communications
Animal Control
7. Fire
8. Public Works
Safety
Shop
Streets
Buildings
Street Lighting
Boating Facility
9. Library
10. Parks, Recreation and Beautification
11. City Clerk
Legislative
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Kenai City Council –
Budget Work Session
Page 2 of 2
April 25, 2020
12. Personal Use Fishery Fund
a. General, Revenue, and Department Overview
13. Water and Sewer Fund
a. General and Revenue Overview
b. Water & Sewer Departments
c. Sewer Treatment Plant
14. Airport Fund
a. General and Revenue Overview
b. Airport Departments
15. Senior Citizen Fund
a. General and Revenue Overview
b. Senior Citizen Fund Departments
16. Congregate Housing
a. General and Revenue Overview
b. Senior Citizen Fund Departments
17. Employee Healthcare Fund
a. General, Revenue, and Department Overview
18. Permanent Fund
a. General, Revenue, and Department Overview
19. Debt Service
a. General, Revenue, and Department Overview
20. Equipment Replacement Fund
a. General, Revenue, and Department Overview
21. Fleet Replacement Fund
a. General, Revenue, and Department Overview
E. Public Comments
F. Additional Council Comments
G. Adjournment
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Meeting ID: 944 2627 7060
Password: 567775
Dial by your location: (253) 215 8782 -or- (301) 715 8592
Meeting ID: 944 2627 7060
Password: 567775
66
Kenai City Council - Regular Meeting Page 1 of 4 May 06, 2020
Kenai City Council - Regular Meeting
May 06, 2020 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
*Telephonic/Virtual Information on Page 4*
www.kenai.city
Action Agenda
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)
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. POSTPONED TO 05/20/2020. Ordinance No. 3117-2020 - Appropriating Funds in the Airport Fund, Accepting a Grant From the Federal Aviation Administration and Appropriating Funds in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment (SRE) – Loader With Attachments. (Administration)
2. ENACTED UNANIMOUSLY. Ordinance No. 3118-2020 - Increasing Estimated Revenues and Appropriations by $1,287.44 in the General Fund – Police Department for State Traffic Grant Overtime Expenditures. (Administration)
3. ENACTED UNANIMOUSLY. Ordinance No. 3119-2020 - Increasing General Fund Estimated Revenues and Appropriations by $26,542 in the General Fund Parks, Recreation and Beautification Department for an Increase of a Grant from the United States Environmental Protection Agency Passed Through the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City’s Beaches from March 1, 2020 Through June 30, 2020. (Administration)
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Kenai City Council - Regular Meeting Page 2 of 4 May 06, 2020
4. ENACTED UNANIMOUSLY. Ordinance No. 3123-2020 - Accepting and Appropriating Funds in the Airport Fund, and Accepting a Grant From the Federal Aviation Administration for a CARES Act Grant. (Administration) 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Adoption (Requires Five Affirmative Votes)
5. ENACTED UNANIMOUSLY. Ordinance No. 3126-2020 - Accepting and Appropriating Federal CARES Act Funding Passed Through the State of Alaska for Expenditures in Response to the COVID-19 Pandemic, Waiving the $5,000 Limitation in KMC 7.25.020 (A) on These Funds to Allow the City Manager to Allocate the Funds to the Proper Account as Needs Arise and Declaring an Emergency. (Administration) 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Adoption (Requires Five Affirmative Votes)
6. ADOPTED UNANIMOUSLY. Resolution No. 2020-21 - Authorizing a Budget Transfer in the General Fund City Clerk Department for a Software Add-On. (City Clerk)
7. ADOPTED UNANIMOUSLY. Resolution No. 2020-22 - Authorizing the City of Kenai to Issue General Obligation Refunding Bonds in the Principal Amount of Not to Exceed the Sum of $1,250,000 to Refund Certain Outstanding General Obligation Bonds of the City, Fixing Certain Details of Such Bonds and Authorizing Their Sale. (Administration)
8. ADOPTED UNANIMOUSLY. Resolution No. 2020-23 - Approving an Exception to the Collections Policy for Delinquent Ambulance Bills to Eliminate Out of Pocket Collection for COVID-19 Treatment/Transport to Comply with Federal Funding Requirements. (Legal)
9. ADOPTED UNANIMOUSLY. Resolution No. 2020-24 - Selecting the Successful Firm for the Professional Environmental / Civil Engineering & Construction Administration Services for Kenai Municipal Water, Sewer and Wastewater Capital Improvement Projects Request for Proposals. (Administration)
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of April 15, 2020. (City Clerk)
2. APPROVED BY THE CONSENT AGENDA. *Special Meeting of April 16, 2020. (City Clerk)
3. APPROVED BY THE CONSENT AGENDA. *Work Session Summary of April 25, 2020. (City Clerk)
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration)
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Kenai City Council - Regular Meeting Page 3 of 4 May 06, 2020
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Purchase Orders Over $15,000. (Administration)
3. INTRODUCED BY THE CONSENT AGENDA; PUBLIC HEARING SET FOR 05/20/2020.
*Ordinance No. 3120-2020 - Accepting $26,545.90 in Asset Forfeiture Sharing Funds and Appropriating those Funds into the Police Machinery & Equipment and Small Tools Accounts for the Purpose of Purchasing Law Enforcement Equipment. (Administration)
4. INTRODUCED BY THE CONSENT AGENDA; PUBLIC HEARING SET FOR 05/20/2020.
*Ordinance No. 3121-2020 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2020 and Ending June 30, 2021, Amending the Salary Schedule in Kenai Municipal Code Chapter 23.55- Pay Plan and Amending Employee Classifications in Kenai Municipal Code Chapter 23.50. (Administration)
5. INTRODUCED BY THE CONSENT AGENDA; PUBLIC HEARING SET FOR 05/20/2020.
*Ordinance No. 3122-2020 - 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)
6. INTRODUCED BY THE CONSENT AGENDA; PUBLIC HEARING SET FOR 05/20/2020.
*Ordinance No. 3124-2020 - Accepting and Appropriating a Meals on Wheels COVID-19 Response Fund Grant From Meals on Wheels America for Kenai Senior Center Expenditures in Support of COVID-19 Pandemic Response. (Administration)
7. INTRODUCED BY THE CONSENT AGENDA; PUBLIC HEARING SET FOR 05/20/2020.
*Ordinance No. 3125-2020 - Accepting and Appropriating Additional Nutrition, Transportation and Support Services Grant Funds From the United States Department of Health and Human Services Passed Through the State of Alaska Department of Health and Social Services for Kenai Senior Center Expenditures in Support of COVID-19 Pandemic Response. (Administration)
8. Discussion – Election Method. (Mayor Gabriel)
9. Discussion - City Response to COVID-19. (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
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Kenai City Council - Regular Meeting Page 4 of 4 May 06, 2020
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
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000.
2. Cook Inlet Regional Citizens Advisory Council Board of Directors Update
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.
Join Zoom Meeting: https://us02web.zoom.us/j/82022095414
Meeting ID: 820 2209 5414
Password: 976726
Dial by your location: (253) 215 8782 -or- (301) 715 8592
Meeting ID: 820 2209 5414
Password: 976726
70
Kenai Planning and Zoning Commission Meeting Page 71 of 84
May 13, 2020
Item Attachment Documents:
2. Kenai Peninsula Borough Planning
71
144 N. Binkley Street, Soldotna, Alaska 99669 (907) 714-2215 (907) 714-2378 Fax
Office of the Borough Clerk
Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building
Max J. Best, Planning Director • Charlie Pierce, Borough Mayor Blair Martin, Chairman – Kalifornsky Beach • Robert Ruffner, Vice Chairman – Kasilof/Clam Gulch Dr. Rick Foster, Parliamentarian – Southwest Borough • Syverine Abrahamson-Bentz – Anchor Point/Ninilchik Jeremy Brantley – Sterling • Paulette Bokenko-Carluccio – City of Seldovia • Cindy Ecklund – City of Seward Robert F. Ernst – Northwest Borough • Diane Fikes – City of Kenai • Virginia Morgan – East Peninsula Franco Venuti – City of Homer • Paul Whitney – City of Soldotna
Planning Commission Action Agenda
APRIL 13, 2020
7:30 p.m.
Due to the current COVID-19 pandemic and CDC guidelines, the meeting will not be physically open to the public.
The meeting will be held through Zoom. The Planning Commission and staff members will be attending via
teleconferencing. The public will be able to listen or participate. To join the meeting from a computer visit
https://zoom.us/j/2084259541. To attend the Zoom meeting by telephone call toll free 1-888-788-0099 or 1-877-
853-5247. When calling in you will need the Meeting ID 208 425 9541. If you connect by computer and do not
have speakers or a microphone, connect online and then select phone for audio. A box will come up with toll free
numbers, the Meeting ID, and your participant number. Detailed instructions will be posted on the Planning Commission’s webpage prior to the meeting. https://www.kpb.us/planning-dept/planning-commission.
The hearing procedure for the Planning Commission public hearings are as follows:
1) Staff will present a report and staff recommendations on the item. 2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative – 10 minutes 3) Public testimony on the issue. – 5 minutes 4) After testimony is completed, the Planning Commission may follow with questions. A person may only testify once on an issue unless questioned by the Planning Commission. 5) Staff may respond to any testimony given and the Commission may ask staff questions. 6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence. 7) The Chair closes the hearing and no further public comment will be heard. 8) The Chair entertains a motion and the Commission deliberates and makes a decision. All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or her name and mailing address on the sign-in sheet located by the microphone provided for public comment. They must begin by stating their name and address for the record at the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities. Decorum must be maintained at all times and all testifiers shall be treated with respect. 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
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Planning Commission Action Agenda April 13, 2020
Page 2
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. Windhaven Estates
KPB File Pre-032 [Hall / None]
Location: off of Redoubt Avenue; City of Kenai
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval
*4. Plats Granted Final Approval (20.10.040) - None
*5. Plat Amendment Request - None *6. Utility Easement Vacations
a. Application to vacate a utility easement in the City of Homer Vacate two portions of sewer easement affected by encroachment of house and deck. Vacate two
portions of 20-foot utility easement affected by encroachment of house and deck.
KPB File 2020-021V. Petitioner(s)/Owner(s): Virginia F. Tornes, of Homer, AK.
*7. Commissioner Excused Absences
a. Jeremy Brantley, Sterling
b. Dr. Rick Foster, Southwest Borough
c. Vacant, Ridgeway
*8. Minutes
a. February 24, 2020 Planning Commission Meeting Motion to approve the consent and regular agenda passed by unanimous consent.
D. UNFINISHED BUSINESS
1. Resolution 2020-07; A modification application of a conditional land use permit for material extraction on a parcel in the Anchor Point area. Applicant / Landowner: Beachcomber LLC;
Parcel Number: 165-012-16; Location: 74185 Anchor Point Road Public hearing was held at the February 24, 2020 Planning Commission meeting.
Motion is on the floor. Motion to approve the requested modification to the conditional land use permit with conditions listed in Resolution 2020-07, subject to staff recommendations passed by majority vote. (5 Yes, 4 No,
1 Recused, 2 Absent)
E. PUBLIC HEARINGS
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Planning Commission Action Agenda April 13, 2020
Page 3
1. Vacate the easterly portion of Kayeway Road, a 60 foot right-of-way including the
associated utility easements in the Kalifornsky area. KPB File 2020-020V. Petitioner(s):
Megan Best and Amanda Best of Kenai, AK.
Motion to grant the vacations of the easterly portion of Kayeway Road, subject to staff
recommendations and compliance with borough, passed by majority vote. (7 Yes, 3 No, 2 Absent)
2. Vacate a 33' Section Line Easement located in the City of Homer. KPB File 2020-021V2.
Petitioner(s): Virginia F Tornes of Homer, AK.
Motion to approve the vacations as petitioned based on the means of evaluating public necessity
established by KPB 20.70, subject to staff recommendations and compliance with borough code, passed by unanimous vote. (10 Yes, 0 No, 2 Absent)
3. Vacation of a portion of East End Road and associated utility easement and the vacation of additional utility easements in the Fox River area. KPB File 2020-016V. Petitioner(s):
Voznesenka Community Council Inc., and Nazary and Anastasia Basargin of Homer, Alaska. Postponed from the February 24, 2020 Planning Commission meeting. Motion to vacate the utility easements passed by unanimous vote, subject to staff recommendations
and compliance with borough code.
Motion to vacate a portion of East End Road, including associated utility easement, adjacent to Lots 1-A and 1-B, passed by majority vote. (9 Yes, 1 No, 2 Absent)
4. Ordinance 2020-__; An Ordinance Amending the Kenai Peninsula Borough Hazard Mitigation Plan by Deleting Existing Annex C, 2010 City of Kenai Hazard Mitigation Plan
Update, and Adopting the City of Kenai Hazard Mitigation Plan 2020 Update as the New Annex C
Motion to forward a recommendation to approve Ordinance 2020-__, passed by unanimous vote. (10 Yes, 0 No, 2 Absent).
F. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18)
1. Conditional Use Permit application for a bank stabilization project utilizing boulders within
the 50-foot Habitat Protection District of the Kenai River. Petitioner: Caribou Adventures,
LLC, Craig Young, San Juan Capistrano, CA; Physical Address: 1501 Barabara Drive, Kenai,
AK 99611 Legal Description: T SN R 11W SEC 10 Seward Meridian, KN 2006096, Lot 1A, Coyles Landing Subdivision Miller Replat KPB Parcel Number: 049-120-85
Motion to adopt PC Resolution 2020-08, to grant approval of a Conditional Use Permit, subject to
permit conditions and compliance with borough code, passed by majority vote. (6 Yes, 4 No, 2
Abesnt)
2. Conditional Use Permit application for replacing an existing pipe within the 50-foot Habitat Protection District on an unnamed tributary to the Swanson River. Petitioner: Hilcorp
Alaska, LLC, Anchorage, AK.; Physical Address: 46016 Marathon Road, Sterling, AK 99672;
Legal Description: T7N R9W & R10W Sec 1-36 Seward Meridian, KN all of Sec 1 thru 23 &
29 & 30 & PTN Sec 24 thru 28 & 31 thru 33 lying North of North Peninsula Recreation
Service Area Boundary in T7N R9W; All of T7N R10W; KPB Parcel Number 025-110-02
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Planning Commission Action Agenda April 13, 2020
Page 4
Motion to adopt PC Resolution 2020-09, to grant a conditional use permit, subject to permit conditions and compliance with borough code passed by unanimous vote.
G. VACATIONS NOT REQUIRING A PUBLIC HEARING – None
H. SPECIAL CONSIDERATIONS - None
I. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee reviewed and approved 7 plats at the March 23, 2020 meeting.
J. OTHER/NEW BUSINESS
1. New Plat Committee (April, May, June 2020) – 5 Members / 2 Alternates
K. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda or scheduled for public hearing. Limited to five
minutes per speaker unless previous arrangements are made.)
L. ASSEMBLY COMMENTS M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED
NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING
ADVISORY PLANNING COMMISSION MEETINGS Due to COVID-19 pandemic and CDC recommendations all Advisory Planning Commission meetings are cancelled until further notice.
May 11, 2020 7:30 P.M. Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building 144 N. Binkley St. Soldotna, Alaska
ADVISORY COMMISSION MEETING LOCATION DATE TIME
Anchor Point Anchor Point Senior Center TBD 7:00 p.m.
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Planning Commission Action Agenda April 13, 2020
Page 5
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. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 (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 A party of record may file an appeal of a decision of the Planning Commission in accordance with the requirements of the Kenai Peninsula Borough Code of Ordinances. An appeal must be filed with the Borough Clerk within 15 days of the notice of decision, using the proper forms, and be accompanied by the filing and records preparation fees. Vacations of right-of-ways, public areas, or public easements outside city limits cannot be made without the consent of the borough assembly. Vacations within city limits cannot be made without the consent of the city council. The assembly or city council shall have 30 calendar days from the date of approval in which to veto the planning commission decision. If no veto is received within the specified period, it shall be considered that consent was given. A denial of a vacation is a final act for which the Kenai Peninsula Borough shall give no further consideration. Upon denial, no reapplication or petition concerning the same vacation may be filed within one calendar year of the date of the final denial action except in the case where new evidence or circumstances exist that were not available or present when the original petition was filed.
Cooper Landing Cooper Landing Community Hall TBD 6:00 p.m.
Funny River Funny River Community Center TBD 6:00 p.m.
Kalifornsky Cook Inlet Aquaculture Association TBD 6:00 p.m.
Moose Pass Moose Pass Community Hall TBD 6:30 p.m.
Hope / Sunrise Hope Social Hall TBD 6:00 p.m.
The Kachemak Bay Advisory Planning Commission is inactive at this time.
76
144 N. Binkley Street, Soldotna, Alaska 99669 (907) 714-2200 (907) 714-2378 Fax
Office of the Borough Clerk
Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building Paulette Bokenko-Carluccio – City of Seldovia • Cindy Ecklund – City of Seward Robert Ruffner – Kasilof/Clam Gulch • Paul Whitney – City of Soldotna Alternate: Franco Venuti – City of Homer
Plat Committee Final Agenda
April 27, 2020
5:30 p.m.
Due to the current COVID-19 pandemic and CDC guidelines, the meeting will not be physically open to the public.
The meeting will be held through Zoom. The Planning Commission and staff members will be attending via
teleconferencing. The public will be able to listen or participate. To join the meeting from a computer visit
https://zoom.us/j/2084259541. To attend the Zoom meeting by telephone call toll free 1-888-788-0099 or 1-877-853-5247. When calling in you will need the Meeting ID 208 425 9541. If you connect by computer and do not
have speakers or a microphone, connect online and then select phone for audio. A box will come up with toll free
numbers, the Meeting ID, and your participant number. Detailed instructions will be posted on the Planning
Commission’s webpage prior to the meeting. https://www.kpb.us/planning-dept/planning-commission.
The hearing procedure for the Plat Committee public hearings are as follows: 1) Staff will present a report and staff recommendations on the item. 2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative – 10 minutes 3) Public testimony on the issue. – 5 minutes 4) After testimony is completed, the Plat Committee may follow with questions. A person may only testify once on an issue unless questioned by the Plat Committee. 5) Staff may respond to any testimony given and the Committee may ask staff questions. 6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence. 7) The Chair closes the hearing and no further public comment will be heard. 8) The Chair entertains a motion and the Committee deliberates and makes a decision. All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or her name and mailing address on the sign-in sheet located by the microphone provided for public comment. They must begin by stating their name and address for the record at the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities. Decorum must be maintained at all times and all testifiers shall be treated with respect. A. CALL TO ORDER
B. ROLL CALL
1. Election of Officers
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences 3. Minutes
a. March 23, 2020 Plat Committee Meeting ................................................................................. 2
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Plat Committee Final Agenda April 27, 2020
Page 2
D. PUBLIC COMMENT
(Items other than those appearing on the agenda or not scheduled for public hearing. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS
1. AA Mattox 2020 Addition ......................................................................................................................................40
KPB File 2020-034 [Orion Surveys / Weisser Homes LLC]
Location: off Pennock Street and East End Road; City of Homer
2. Addies Meadows .......................................................................................................................................................67
KPB File 2020-029 [Orion Surveys / Wilson III, Wilson]
Location: off Iris Meadows Street and Fairy Slipper Avenue; Fritz Creek
Kachemak Bay APC 3. Betty Goodrich Churchill Meadows Subdivision ...........................................................................................82
KPB File 2020-020 [McLane Consulting Group / Best] Location: off Kayeway Road and Echo Lake Road; Kalifornsky
Kalifornsky APC
4. Clan Maxwell Estates Avalon Heights Addition No. 5.............................................................................. 107 KPB File 2020-027 [Lang & Associates Inc. / Avalon Heights Land Trust] Location: off Maximilian Court, Maximilian Drive and Big Bear Circle; Bear Creek
5. East Addition Seldovia Townsite Alaska Nook Addition ......................................................................... 119
KPB File 2020-026 [Ability Surveys / The Nook LLC] Location: off Jack Thomas Circle from Airport Avenue and Frank Raby Drive; City of Seldovia
6. Voznesenka 2020 .................................................................................................................................................... 149 KPB File 2020-016 [Ability Surveys / Basargin, Voznesenka Community Council Inc]
Location: off Thereses Land and East End Road and Milepost 22 East End Road; Fox River Kachemak Bay APC
7. Hollywood Park Koch Addition ......................................................................................................................... 152 KPB File 2020-033 [Fineline Surveys, Inc / Koch]
Location: off the Sterling Highway and Whiskey Gulch Street; Anchor Point Anchor Point APC
8. Nakada Subdivision 2020 Replat...................................................................................................................... 166
KPB File 2020-030 [Geovera, LLC / Burns, Faris]
Location: off Heather Street and Diamond Ridge Road; Diamond Ridge
Kachemak Bay APC
9. The Meadows ........................................................................................................................................................... 178
KPB File 2020-031 [Geovera, LLC / STS Development LLC]
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Plat Committee Final Agenda April 27, 2020
Page 3
Location: off Fanning Road and East End Road; Kachemak City
10. Otter Creek Subdivision Addition No. 2 ........................................................................................................ 194
KPB File 2020-024R1 [Johnson Surveying / Merkes, Merkes Leon N 1994 Trust]
Location: off Stans Street, the Sterling Highway and Otter Trail Road; Sterling
F. FINAL SUBDIVISION PLAT PUBLIC HEARING - None G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED I. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
May 26, 2020 5:30 P.M. Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building 144 N. Binkley St. Soldotna, Alaska
CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 (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
An interested party may request that the Planning Commission review a decision of the Plat Committee by filing a written request within 10 days of the written notice of decision in accordance with KPB 2.40.080.
79
144 N. Binkley Street, Soldotna, Alaska 99669 (907) 714-2215 (907) 714-2378 Fax
Office of the Borough Clerk
Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building
Max J. Best, Planning Director • Charlie Pierce, Borough Mayor
Blair Martin, Chairman – Kalifornsky Beach • Robert Ruffner, Vice Chairman – Kasilof/Clam Gulch
Dr. Rick Foster, Parliamentarian – Southwest Borough • Syverine Abrahamson-Bentz – Anchor Point/Ninilchik
Jeremy Brantley – Sterling • Paulette Bokenko-Carluccio – City of Seldovia • Cindy Ecklund – City of Seward
Robert F. Ernst – Northwest Borough • Diane Fikes – City of Kenai • Virginia Morgan – East Peninsula
Franco Venuti – City of Homer • Paul Whitney – City of Soldotna
Planning Commission Tentative Agenda
May 11, 2020
7:30 p.m.
Due to the current COVID-19 pandemic and CDC guidelines, the meeting will not be physically open to the public.
The meeting will be held through Zoom. The Planning Commission and staff members will be attending via
teleconferencing. The public will be able to listen or participate. To join the meeting from a computer visit
https://zoom.us/j/2084259541. To attend the Zoom meeting by telephone call toll free 1-888-788-0099 or 1-877-
853-5247. When calling in you will need the Meeting ID 208 425 9541. If you connect by computer and do not
have speakers or a microphone, connect online and then select phone for audio. A box will come up with toll free
numbers, the Meeting ID, and your participant number. Detailed instructions will be posted on the Planning
Commission’s webpage prior to the meeting. https://www.kpb.us/planning-dept/planning-commission.
The hearing procedure for the Planning Commission public hearings are as follows:
1) Staff will present a report and staff recommendations on the item.
2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative – 10 minutes
3) Public testimony on the issue. – 5 minutes
4) After testimony is completed, the Planning Commission may follow with questions. A person may only testify once on an issue unless
questioned by the Planning Commission.
5) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence.
6) The Chair closes the hearing and no further public comment will be heard.
7) The Chair entertains a motion and the Commission deliberates and makes a decision.
All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or her name and mailing address on
the sign-in sheet located by the microphone provided for public comment. They must begin by stating their name and address for the record at
the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities.
Decorum must be maintained at all times and all testifiers shall be treated with respect.
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
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Planning Commission Tentative Agenda May 11, 2020
Page 2
Chairman of your wish to comment.
*1. Time Extension Request
a. Ptarmigan Estates Subdivision Struthers Addition
KPB File 2012-140; Segesser/Struthers
Location: Sterling
b. Krogseng Subdivision
KPB File 2011-145 [Segesser / Krogseng]
Location: Island Lake, Nikiski
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval
*4. Plats Granted Final Approval (20.10.040) - None
*5. Plat Amendment Request - None
*6. Utility Easement Vacations
a. Vacate the north 5 feet of the 10-foot utility easement, adjoining Lot 36A, Bunnell’s
Subdivision No. 17 (HM 86-44) in the SE1/4 NE1/4 Sec 19, T6S, R13W, Seward Meridian,
AK; KPB File 2020-036V; Petitioner: Homer Professional Office Building LLC of Homer,
AK
*7. Commissioner Excused Absences
a. Dr. Rick Foster, Southwest Borough
b. Vacant, Ridgeway
*8. Minutes
a. April 13, 2020 Planning Commission Meeting
D. UNFINISHED BUSINESS
E. PUBLIC HEARINGS
1. Vacate a portion of Camelot Drive right-of-way associate with Lots 6, 7 and 8, Block 2 as
dedicated on Camelot by the Sea Subdivision (SW-76); NW1/4 SE1/4 Sec 23, T1N, R1W, Seward
Meridian, AK; KPB File 2020-032V; Petitioners: John Craig Turnbull & Catherine Therese Murphy
Turnbull of Seward, AK
2. Vacate a portion of Fritz Creek Valley Drive right-of-way adjacent to Tract E and a portion of
the 66-foot wide section line easement located associated with Fritz Creek Acres Addition Tracts
D & E (HM 78-105) NW1/4 SW1/4 Sec 28 and the NE1/4 SE1/4 Section 29, T5S, R12W, Seward
Meridian, AK; KPB File 2020-035; Petitioner: Terri Bramel Trust of Anchorage, AK
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Planning Commission Tentative Agenda May 11, 2020
Page 3
3. Ordinance 2020-23, Authorizing a One-Time Extension of KPB 20.70.130 Which Sets a One-Year
Deadline to Record a Final Plat Following Vacation Approval
4. Ordinance 2020-17, Authorizing a Lease to New Cingular Wireless PCS LLC for Approximately
1,600 Square Feet of Borough Land in Kenai for a Communications Site
5. Ordinance 2020-22, Authorizing the Negotiated Lease of Rental Space at the Nikiski
Community Recreation Center with the Kenaitze Indian Tribe
F. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) PUBLIC HEARINGS
1. Appeal of a denial of a KPB 21.18 permit for rebuilding a structure within the 50-foot Habitat
Protection District of the Kenai River; KPB Parcel Number 065-190-82; Applicant: Jack Toumi of
Anchorage, AK
2. Resolution 2020-13; Conditional Use Permit for the installation of an elevated, light-penetration
platform within the 50-foot Habitat Protection District of the Kenai River; KPB Parcel Numbers:
055-253-13 & 055-255-47; Applicant: Castaway Cove Homer Owners Association, Kenai, AK
3. Resolution 2020-12; Conditional Use Permit for the replacement of two culverts on Pollard
Creek, a tributary to the Kasilof River; KPB Parcel Number 133-120-45; Applicant: Gregory Bosick
of Kasilof, AK
G. VACATIONS NOT REQUIRING A PUBLIC HEARING – None
H. SPECIAL CONSIDERATIONS – None
I. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee reviewed and approved 10 plats at the April 27, 2020 meeting.
J. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda or scheduled for public hearing. Limited to five
minutes per speaker unless previous arrangements are made.)
K. OTHER/NEW BUSINESS
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
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Planning Commission Tentative Agenda May 11, 2020
Page 4
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING
ADVISORY PLANNING COMMISSION MEETINGS
Due to the current COVID-19 pandemic and CDC guidelines, the meeting will not be physically open to the
public. The meeting will be held through Zoom. Please see the area Advisory Planning Commission webpage for
meeting details. Advisory Planning Commission webpages are linked to the Planning Department website
https://www.kpb.us/planning‐dept/planning‐home .
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.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2215 (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
A party of record may file an appeal of a decision of the Planning Commission in accordance with the requirements of the Kenai Peninsula Borough
Code of Ordinances. An appeal must be filed with the Borough Clerk within 15 days of the notice of decision, using the proper forms, and be
accompanied by the filing and records preparation fees.
Vacations of right-of-ways, public areas, or public easements outside city limits cannot be made without the consent of the borough assembly.
Vacations within city limits cannot be made without the consent of the city council. The assembly or city council shall have 30 calendar days from
the date of approval in which to veto the planning commission decision. If no veto is received within the specified period, it shall be considered
that consent was given.
A denial of a vacation is a final act for which the Kenai Peninsula Borough shall give no further consideration. Upon denial, no reapplication or
petition concerning the same vacation may be filed within one calendar year of the date of the final denial action except in the case where new
evidence or circumstances exist that were not available or present when the original petition was filed.
June 8, 2020
7:30 P.M.
Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building
144 N. Binkley St. Soldotna, Alaska
ADVISORY COMMISSION MEETING LOCATION DATE TIME
Anchor Point Anchor Point Senior Center TBD 7:00 p.m.
Cooper Landing Cooper Landing Community Hall TBD 6:00 p.m.
Funny River Funny River Community Center TBD 6:00 p.m.
Kalifornsky Zoom Meeting 5/13/20 6:00 p.m.
Moose Pass Moose Pass Community Hall TBD 6:30 p.m.
Hope / Sunrise Hope Social Hall TBD 6:00 p.m.
Kachemak Bay Zoom Meeting 5/12/20 6:00 p.m.
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Planning Commission Tentative Agenda May 11, 2020
Page 5
84
MAY 13, 2020
PLANNING AND ZONING COMMISSION MEETING
ADDITIONAL MATERIAL/REVISION
REQUESTED REVISIONS TO THE AGENDA/PACKET:
ACTION ITEM REQUESTED BY
Add to Item D.1. Resolution No. PZ2020-07
• Memorandum of Additional Recommended
Conditions
City Planner
Add to Item F.1. Resolution No. PZ2020-04
• Memorandum of Supplemental Information
• Memorandum Attachment – Written Public
Comment Letter from Mr. Jason R. Parks
and Ms. Hannah C. Parks, 740 Baleen
Avenue
• Memorandum Attachment – Kenai
Municipal Code 14.22.010 Land use table
City Planner
MEMORANDUM
TO: Kenai Planning and Zoning Commission
FROM: Elizabeth Appleby, City Planner
DATE: May 13, 2020
SUBJECT: PZ20-07 – Section 1 Additional Recommended Conditions
Resolution PZ20-07 provides a recommendation to the Kenai Peninsula Borough for the
preliminary plat of Beaver Loop Acres Addition No. 2. Section one of Resolution PZ2020-07 in
the packet lists five conditions of approval. I recommend the Commission add the following
conditions:
6.Amend the text for plat note six to add Lot 2A; the text that covers wastewater disposal for
Lots 5-9 is also applicable to Lot 2A.
7.Demarcate wet areas or add contour lines to the plat.
8.Amend plat note three to reflect new City maintenance of Beaver Loop Road and remove
the apostrophe from ROW’s to state, “No private access to City maintained ROWs
permitted unless approved by the City of Kenai”.
Thank you for your consideration.
MEMORANDUM
TO: Kenai Planning and Zoning Commission
FROM: Elizabeth Appleby, City Planner
DATE: May 13, 2020
SUBJECT: PZ2020-04 – Public Testimony and Supplemental Information
Since the publishing date of the packet for the meeting on May 13, 2020, the City has received
one phone call and one letter regarding PZ2020-04. The phone call was to communicate concerns
for the impact of increased traffic to property owners along Baleen Avenue. The caller felt that
people would not access the property off of Kalifornsky Beach Road nor VIP Drive because of the
location and height of the bike path hindered accessing the property via Kalifornsky Beach Road
or VIP Drive. The letter expressed concerns for a decrease in adjacent property values,
pedestrian safety on the bike path along Kalifornsky Beach Road, and increased traffic on Baleen
Avenue, VIP Drive, and Pirate Lane. The letter is attached to this memorandum.
In addition, attached to this memorandum is the Land Use Table in Kenai Municipal Code
14.22.010 Land use table. I have highlighted allowed uses in the Rural Residential (RR) and the
LC (Limited Commercial) zones of the City so Commissioners may compare the two zones. A
summary of differences in land use between the RR and LC zones includes the following:
• (more restrictive change) Principal uses in the RR Zone that do not require a conditional
use permit and are not permitted in the LC Zone include: farming/general agriculture
• (more restrictive change) Principal uses in the RR Zone that do not require a conditional
use permit and are only allowed in the LC Zone with a conditional use permit include:
four-family dwelling
• (more restrictive change) Uses that are allowed with a conditional use permit in the RR
Zone that are not permitted in the LC Zone include: mobile home parks, accessory
building on parcel without main building or use, automotive sales, automotive services
stations, airports, automotive repair, manufacturing/fabricating/assembly, storage yard,
warehouses, assemblies (large: circuses, fairs, etc.), cemeteries, recreational vehicle
parks, subsurface extraction of natural resources, surface extraction of natural resources
• (less restrictive change) Uses that are not allowed in the RR Zone that would be allowed
in the LC Zone with a conditional use permit include: airport compatible uses, standard
marijuana cultivation facility, marijuana testing facility, retail marijuana store
Page 2 of 2
• (less restrictive change) Uses that are allowed in the RR Zone with a conditional use
permit that would be allowed as a principal use without a conditional use permit in the
LC Zone include: professional offices, necessary aviation facilities, clinics, governmental
buildings, day care centers, gunsmithing, taxidermy, some personal services (see
footnote 27), clinics
• (no change) Principal uses in both RR and LC zones that do not require a conditional
use permit include: one-family dwelling, two-, three-family dwelling, essential services,
churches (some additional requirements in RR zone; see footnote 10)
• (no change) Conditional uses in both RR and LC zones that require a conditional use
permit include: five-six-family dwelling, seven- or more family dwelling, townhouses
(some additional requirements in RR zone; see footnote 3), planned unit residential
development, banks, business/consumer services, commercial recreation, guide service,
hotels/motels, lodge, limited marijuana cultivation facility, restaurants, retail business,
theaters, wholesale business, mini-storage facility, assisted living, colleges, elementary
schools, high schools, hospitals, libraries, museums, parks and recreation, animal
boarding/commercial kennel, bed and breakfasts, cabin rentals, communications towers
and antenna(s), radio/TV transmitters/cell sites, crematories/funeral homes,
dormitories/boarding houses, fraternal organizations/private clubs/social halls and union
halls, greenhouses/tree nurseries, nursing, convalescent or rest homes, public parking
lots, some personal services (see footnote 27),
• (no change) Uses not permitted in both RR and LC zones: adult businesses, marijuana
product manufacturing facility, gas manufacturer/storage, assisted living
Jason R. Parks and Hannah C. Parks
740 Baleen Ave.
Kenai, AK 99611
Dear Kenai City Council members,
We are writing to express our concerns regarding the rezoning request PZ2020-04. We have
reviewed the request and the general information included in the agenda for this week’s
meeting, and we are familiar with the lot as our own residence is adjacent to it. As it is written,
the rezoning request does not support the purpose or safety of the VIP Estates neighborhood
for the following reasons.
First, we are concerned that commercial buildings on this lot would greatly increase noise and
traffic on Baleen Avenue, VIP Drive, and Pirate Lane. Baleen is a narrow dirt road, and is unfit
for the levels of traffic that commercial areas would bring. It would sustain significant damage
each spring with frequent commercial traffic. Further, many children live in this neighborhood
and enjoy riding bikes, and residents frequently enjoy walking around the neighborhood. This
activity would not be safe with commercial traffic driving through the residential neighborhood
streets. The residents of this neighborhood choose to live here because it is quiet, safe, and
private. Increased traffic on the neighborhood streets would negatively affect all three of those
qualities.
Second, we are concerned that our property, and that of the other properties adjacent to this lot
on Baleen and VIP, would decrease in value if commercial buildings were placed directly on
Baleen and VIP without a treeline to obscure them and substantial setback requirements. If the
lot were to be cleared of its many trees, noise from passing traffic on K Beach Road would more
easily reach the neighborhood, and commercial buildings would be visible from front yards.
Seeing a neighboring house from a window is one thing. Seeing a commercial building is
something else entirely. We purchased our property with the understanding that the properties
surrounding it are residential, not commercial.
Third, we are concerned for the safety of the walking path on K Beach Road if commercial
businesses were to be built on this lot. Entrances to the lot from K Beach would have to cross
over the path, which would put pedestrians, cyclists, and other path users in direct contact with
vehicular traffic. This raises the risk of accidents and vehicle-related injuries significantly.
For these reasons, we believe that the existing rezoning request would damage the overall
character, safety and value of the VIP Estates neighborhood.
If it is in the power of the City Council and planning board, the addition of specific requirements
for the development of this lot would make the rezoning request more compatible with the
neighborhood of VIP Estates:
●If it were specified that the property were to only have vehicle access from K Beach
Road and not from the residential-facing side of the property (Baleen), the concern of
increased traffic on VIP, Pirate and Baleen would be properly addressed.
○Vehicle access from K Beach Road should be limited to only one entrance, so as
to reduce the number of areas in which pedestrians using the walking path would
come into contact with vehicles.
●If a significant tree line were to remain intact on the Baleen and VIP sides of the lot and
any commercial buildings were to be set back from the roads by at least 100 feet, the
residential area would better be able to maintain its private and quiet character.
Below we have included two pictures. The first is of the aerial view of the lot included in the
agenda, which is an older photo taken before our home was built in 2014 and as such does not
accurately represent the area. We have outlined our lot in yellow in the image. We have also
included an image of Baleen Avenue in front of our house, so that you may see the Baleen
Avenue side of the lot. Only images of the Kalifornsky Beach Road and Pirate Lane sides of the
property were included in the application.
Thank you for your time and attention to this matter.
Sincerely,
Jason R. Parks and Hannah C. Parks
Image 1: Rezoning request lot in red. Our lot in yellow.
Image 2: our home on Baleen Avenue. The rezoning request lot is directly across the street.
14.22.010 Land use table.
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on
following pages for additional
restrictions
ZONING DISTRICTS
LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU
RESIDENTIAL
One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21
Two-, Three-Family
Dwelling
N C18 P P P P P P P21 S1 C C C22 P P P S1/C21
Four-Family Dwelling N C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C21
Five-, Six-Family
Dwelling
N C18 C3 N P N N P P21 S1 C C N N P C S1/C21
Seven- or More Family
Dwelling
N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21
Mobile Home Parks6 N N C N C C C C C C C C N C N N C
Planned Unit
Residential
Development7
N C18 C C29 C C C C C C C C N C C C C
Townhouses4 N C18 C3 C3,29 C3 C3 C3 C3 C C C C C22 C C C C
Accessory Building on
Parcel Without Main
Building or Use (See
KMC 14.20.200)
N N C C C C C C N N N N N N C N N
COMMERCIAL
Airport Compatible
Uses
P N N N N N N N C C C C N N N C C
Adult Businesses N N N N N N N N P31 P31 P31 P31 N N N N N
Your Selections | Kenai, AK Page 1 of 8
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
ZONING DISTRICTS
LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU
Automotive Sales C N C N N N N C P P P P N N N N P
Automotive Service
Stations
C N C N N N N C P P P P N C N N P
Banks C N C N C N N C P P P C N C C C P
Business/Consumer
Services
C N C C C N N C P P P C N C C C P
Commercial Recreation N N C N C N N C P P C C N P C C P
Guide Service C N C N C N N C P P P P N P P C P
Hotels/Motels C N C N C N N C P P P C N C P C P
Lodge C N C N C N N C P P P C N P P C P
Marijuana Cultivation
Facility, Limited30
N N C C C C C C N C C C N N N C N
Marijuana Cultivation
Facility, Standard30
N N N N N N N N N C C C N N N C N
Marijuana Product
Manufacturing Facility30
N N N N N N N N N C C C N N N N N
Marijuana Testing
Facility30
N N N N N N N N C C P P N N N C C
Professional Offices C N C C C N N P P P P P N C P P P
Restaurants C N C N C N N C P P P C N C C C P
Retail Business C N26 C N C N N C P P P P S24 S24 C C P
Retail Marijuana Store30 N N N N N N N N N C C C N N N C C
Theaters N N C N C N N C P P C C N P C C P
Wholesale Business C N C N C N N C C P P P N S24 C C N
INDUSTRIAL
Airports C P20 C N C N N C C C C C N C N N C
Necessary Aviation
Facilities
P P C C C C C C P P P P C P C P P
Automotive Repair P N C N C N N C P P P P N N N N P
Your Selections | Kenai, AK Page 2 of 8
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
ZONING DISTRICTS
LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU
Gas Manufacturer/
Storage
C9 N N N C N N N N N C9 C9 N N N N N
Manufacturing/
Fabricating/Assembly
P N C N C N N C C P P P N C C N C
Mini-Storage Facility C N C N C N N C C P P P N N N C C
Storage Yard C N C N C N N C C P P P N N N N C
Warehouses C N C N C N N C N P P P N C N N N
PUBLIC/
INSTITUTIONAL
Assisted Living N C C C C C C C C C C C C C C C C
Churches* N C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P
Clinics N C C N C C C C P P P C C C C P P
Colleges* N C C C29 C C C C P P C C P C C C P
Elementary Schools* N C C C29 C C C C P P C C P C C C P
Governmental Buildings P C C C29 C C C C P P P C P C C P P
High Schools* N C C C29 C C C C P P C C P C C C P
Hospitals* N C C N C C C C P P P C C C C C P
Libraries* N C C C29 C C C C12 P P P C P C P C P
Museums C C C C29 C C C C P P P C P C P C P
Parks and Recreation N P C C29 C C C C P P P P P P P C P
MISCELLANEOUS
Animal Boarding/
Commercial Kennel13
C C C N C C N N C C C C N C N C C
Assemblies15 (Large:
Circuses, Fairs, etc.)
P C C N C C C C P15 P15 P15 P15 P15 C P N P15
Bed and Breakfasts N C C C C C C C C C C C N P C C P
Cabin Rentals N C C N C N N N P P P C N P P C P
Cemeteries P C C N C N N N N C C C N C C N N
Your Selections | Kenai, AK Page 3 of 8
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
ZONING DISTRICTS
LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU
Communications
Towers and Antenna(s),
Radio/TV Transmitters/
Cell Sites** 28
C P C N C C C C P P P P P C C C C
Crematories/Funeral
Homes
N N C N C N N C C C C C N C C C C
Day Care Centers12 N C C C29 C C C C P P P C C C C P P
Dormitories/Boarding
Houses
N C C N C C C P P21 S C P P23 C C C P
Essential Services P P P P P P P P P P P P P P P P P
Farming/General
Agriculture***
N P P N N N N N N N N P N P N N N
Fraternal Organizations/
Private Clubs/Social
Halls and Union Halls
N N C N C C C C P P P C N C P C P
Greenhouses/Tree
Nurseries13
N C C N C C C C P P P C N C C C P
Gunsmithing,
Taxidermy
N N C C C C C C P P P P N C P P P
Nursing, Convalescent
or Rest Homes
N N C N C C C C P P C C C C C C P
Parking, Public Lots12 C C C N C C C C C C C C C C C C C
Personal Services25 N C C N C C C C P P P P C C P P/
C27
P
Recreational Vehicle
Parks
N C C N C N N C C C C C N C C N C
Subsurface Extraction of
Natural Resources16
C C C C C C C C C C C C N C N N N
Surface Extraction of
Natural Resources17
C C C N C N N C N C C C N C N N N
*See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000)
**See 42 Telecommunications Act of 1996, Sec. 704(a)
Your Selections | Kenai, AK Page 4 of 8
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
***See, however, the limitations imposed under KMC 3.10.070
Footnotes:
1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector
streets and major highways. Commercial or industrial which falls under the landscaping/site plans
requirements of KMC Chapter 14.25 shall include any secondary uses in the landscaping and site plans.
2 One (1) single-family residence per parcel, which is part of the main building.
3 Allowed as a conditional use, subject to satisfying the following conditions:
a The usable area per dwelling unit shall be the same as that required for dwelling units in the RS
Zone;
b The site square footage in area must be approved by the Commission;
c Yards around the site, off-street parking, and other development requirements shall be the same as
for principal uses in the RR Zone;
d Water and sewer facilities shall meet the requirements of all applicable health regulations;
e The proposed dwelling group will constitute a residential area of sustained desirability and stability,
will be in harmony with the character of the surrounding neighborhood, and will not adversely affect
surrounding property values;
f The buildings shall be used only for residential purposes and customary accessory uses, such as
garages, storage spaces, and recreational and community activities;
g There shall be provided, as part of the proposed development, adequate recreation areas to serve
the needs of the anticipated population;
h The development shall not produce a volume of traffic in excess of the capacity for which the access
streets are designed;
i The property adjacent to the proposed dwelling group will not be adversely affected.
4 See “Townhouses” section.
5 See “Mobile Homes” section.
6 Allowed as a conditional use, subject to “Mobile Homes” section; and provided, that any mobile home
park meets the minimum Federal Housing Authority requirements.
7 See “Planned Unit Residential Development” section.
8 Allowed as a conditional use; provided, that the proposed location and the characteristics of the site will
not destroy the residential character of the neighborhood.
9 Allowed as a conditional use; provided, that all applicable safety and fire regulations are met.
10 Provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or
property line.
11 Allowed as a conditional use; provided, that no part of any building is located nearer than thirty (30) feet
to any adjoining street or property line; and provided further, that the proposed location and characteristics
of the use will not adversely affect the commercial development of the zone.
Your Selections | Kenai, AK Page 5 of 8
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
12 Allowed as a conditional use; provided, that the following conditions are met:
a The proposed location of the use and the size and characteristics of the site will maximize its
benefit to the public;
b Exits and entrances and off-street parking for the use are located to prevent traffic hazards on
public streets.
13 Allowed as a conditional use; provided, that setbacks, buffer strips, and other provisions are adequate to
assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the
conditions necessary to fulfill this requirement. Animal boarding and commercial kennels require a kennel
license (see KMC Chapter 3.15).
14 Allowed as a conditional use; provided, that no indication of said use is evident from the exterior of the
mortuary.
15 Allowed; provided, that the following conditions are met:
a An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any
adjoining property in a residential zone.
b Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on
the public streets.
16 See “Conditional Uses” section.
17 See “Conditional Use Permit for Surface Extraction of Natural Resources” section.
18 Conditional use allowed only on privately held property. Not allowed on government lands.
19 Reserved.
20 The airport-related uses allowed under this entry are aircraft approach and departure zones pursuant to
KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access
to aircraft movement areas, taxiways or parking aprons, FAA authorized uses are allowed.
21 Developments for use shall be the same as those listed in the Development Requirements Table for the
RU/TSH Zones.
22 Allowed as a conditional use in conjunction with a permitted use in the ED Zone. For example,
housing for teachers or students for a school in the zone.
23 Allowed as an accessory use in conjunction with a permitted use in the ED Zone. For example, a
dormitory used to house students for a school or educational facility.
24 Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or
coffee shop within another business).
25 Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries,
fitness centers, photographic studios, tailors, tanning salons and massage therapists.
26 Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year.
27 Personal services not set forth in the below matrix are conditional uses.
Your Selections | Kenai, AK Page 6 of 8
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
Limited Commercial Zone
Personal Services Permitted (P) Conditional Use
(C)
Art Studios X
Barbers X
Beauticians X
Dressmakers X
Dry Cleaners X
Fitness Centers X
Massage Therapist X
Photographic Studios X
Self-Service Laundries X
Tailors X
Tanning Salons X
Tattoo Parlors X
28 Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions
set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC
14.20.150 and 14.20.255 are met.
29 Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such
parcel must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a
dedicated right-of-way and that driveway access is not more than two hundred seventy-five (275) feet as
measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access
as shown on an as-built drawing/survey of the parcel.
30 See marijuana regulations, KMC 14.20.230—Home Occupations, 14.20.320—Definitions,
14.20.330—Standards for commercial marijuana establishments.
31 See KMC 14.20.175—Adult businesses; no adult business may be located within one thousand (1,000)
feet of another adult business, or sensitive use. “Sensitive use” means a church or other place of worship, a
public or private school (licensed pre-K through twelfth grade) or businesses where or areas where youth
are likely to be present (limited to public parks, youth recreational centers, public playgrounds, public
libraries).
(Amended during 7-7-99 supplement; Ord. 1862-2000; Amended during 12-1-00 supplement; Ords. 1911-2001,
1938-2001, 1956-2002, 1962-2002, 1990-2003, 1994-2003, 2053-2004, 2081-2005, 2112-2005, 2113-2005,
2144-2006, 2152-2006, 2185-2006, 2195-2006, 2246-2007, 2272-2007, 2403-2009, 2425-2009, 2546-2011,
2610-2012, 2649-2012, 2688-2013, 2784-2014, 2870-2016, 2884-2016, 3025-2018, 3056-2019, 3083-2019
(Substitute))
Your Selections | Kenai, AK Page 7 of 8
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk
for ordinances passed subsequent to the ordinance cited above.
City Website: www.kenai.city
City Telephone: (907) 283-7535
Code Publishing Company
Your Selections | Kenai, AK Page 8 of 8
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.