HomeMy WebLinkAbout2021-01-27 Planning & Zoning PacketPlanning & Zoning Commission Meeting Page 1 of 2
January 27, 2021
Kenai Planning & Zoning Commission -
Regular Meeting
January 27, 2021 ꟷ 7:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
**Telephonic Participation Info Page 2**
Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Election of Chair and Vice-Chair
4. Agenda Approval
5. Consent Agenda
6. *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 it em 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. *January 13, 2021
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 PZ2021-03 - Preliminary Subdivision Plat of Illiamna View Subdivision 2020
Replat, submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, AK 99669, on b ehalf
of Clifford Heus and Kathleen Heus, 4540 Kenaitze Court, Kenai, AK 99611
F. PUBLIC HEARINGS
1. Resolution PZ2021-01 – Application for a Conditional Use Permit for eight single family
additional dwellings, on Government Lot 107, Section 31, Township 6 North, Range 11 West
, and located at 1614 Second Avenue. The application was submitted by Byler Contracting,
Page 1
Planning & Zoning Commission Meeting Page 2 of 2
January 27, 2021
P.O. Box 877750., Wasilla, AK 99687, on behalf of the TKC LLC, P.O. Box 10658, Bakersfield,
CA 93389
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 three (3) minutes per speaker;
thirty (30) minutes aggregated)
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Commission Comments
L. INFORMATIONAL ITEMS
M. NEXT MEETING ATTENDANCE NOTIFICATION
1. February 10, 2021
N. COMMISSION COMMENTS AND QUESTIONS
O. ADJOURNMENT
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
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Page 2
File Attachments for Item:
*January 13, 2021
Page 3
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
JANUARY 13, 2021 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
CHAIR JEFF TWAIT, PRESIDING
MINUTES
A. CALL TO ORDER
Commission Chair Twait called the meeting to order at 7:00 p.m.
1. Pledge of Allegiance
Commission Chair Twait led those assembled in the Pledge of the Allegiance.
2. Roll Call
Commissioners present: J. Twait, R. Springer, D. Fikes, J. Halstead, G. Greenberg,
A. Douthit
Commissioners absent:
Staff/Council Liaison present: City Manager P. Ostrander, Planning Director R. Foster,
Planning Assistant W. Anderson, Deputy City Clerk M.
Thibodeau, Council Liaison J. Glendening
A quorum was present.
3. Agenda Approval
MOTION:
Without objection, agenda was approved.
4. Consent Agenda
MOTION:
Vice Chair Fikes MOVED to approve the consent agenda and Commissioner Douthit 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 – None
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___________________________________________________________________________________
Planning and Zoning Commission Meeting Page 2 of 4
December 09, 2020
B. APPROVAL OF MINUTES
1. *December 9, 2020
The minutes were approved by the Consent Agenda.
C. SCHEDULED PUBLIC COMMENT – None.
D. UNSCHEDULED PUBLIC COMMENT – None.
E. CONSIDERATION OF PLATS
[Clerk’s Note: Commissioner Halstead joined the meeting at 7:03 p.m., and Commissioner
Springer joined the meeting at 7:07 p.m.]
1. Resolution PZ2020-37 – Preliminary Subdivision Plat of Beaver Creek Alaska
Subdivision 2020 Replat, submitted by Segesser Surveys, Inc., 30485 Rosland
Street, Soldotna, AK 99669, on behalf of Freedom Indeed, LLC, P.O. Box 1109,
Kasilof, AK 99610 and Luke Saven LLC, P.O. Box 439, Kasilof, AK 99610
Planning Director Foster presented his staff report with information provided in packet noting that
the owners wish to move the property line five feet to the east between the two lots which will
create Lots 2A and 3A, Block G. It is noted that the adjustment of the property line between the
two lots will bring the structure located on Lot 3A, Block G into conformance with the side yard
setback requirement of 10’ for the General Commercial zone.
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,
• Luke Saven is a Limited Liability Corporation; the letters LLC should be inserted after Luke
Saven on the plat; and,
• The plat note numbers should be corrected; they are not sequential.
MOTION:
Commissioner Halstead MOVED to approve Resolution No. PZ2020-37 and Commissioner
Springer SECONDED the motion.
VOTE:
YEA: Twait, Springer, Halstead, Fikes, Greenberg, Douthit
NAY:
MOTION PASSED UNANIMOUSLY.
F. PUBLIC HEARINGS
G. UNFINISHED BUSINESS – None.
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Planning and Zoning Commission Meeting Page 3 of 4
December 09, 2020
H. NEW BUSINESS – None.
I. PENDING ITEMS – None.
J. REPORTS
1. City Council – Council Member Glendening reported on the actions from the December
16 and January 6 City Council meetings.
2. Borough Planning – Vice Chair Fikes reported on the actions of the Borough Planning
Commission meeting January 11 , 2021.
3. City Administration – Planning Director Foster reported on the following:
• Items in the upcoming Planning & Zoning Commission meeting on January 27th
will include a conditional use permit, a review and comment on a draft for the
Capital Improvement Plan, and the election of Chair and Vice Chair;
• The Alaska n chapter of the American Planning Association will be holding a virtual
conference in February.
City Manager Ostrander reported on the following:
• Welcomed Planning Director Foster to the Commission;
• The Kenai Peninsula Borough has an anadromous task force that is looking to
modify the Borough’s habitat protection code. City of Kenai Administration has
been working with the Borough in making modifications to how they handle
permits within the City, and Council will be considering these proposed changes
in the upcoming Council meeting on January 20th.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments – None.
L. INFORMATIONAL ITEMS
1. Planning and Zoning Resolutions - Fourth Quarter 2020
2. Building Permit Reports – Fourth Quarter 2020
3. Code Enforcement – Fourth Quarter 2020
M. NEXT MEETING ATTENDANCE NOTIFICATION
1. January 27, 2021
N. COMMISSION COMMENTS & QUESTIONS – None.
Commissioner Greenberg welcomed new Planning Director and new Commissioner Douthit.
Commissioner Douthit thanked the Commission for welcoming him.
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Planning and Zoning Commission Meeting Page 4 of 4
December 09, 2020
Vice Chair Fikes welcomed Planning Director Foster and Commissioner Greenberg, and noted
that the PowerPoint that was presented in the meeting was very well done.
O. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:33 p.m.
Minutes prepared and submitted by:
____________________________
Meghan Thibodeau
Deputy City Clerk
Page 7
File Attachments for Item:
Resolution PZ2021-03 - Preliminary Subdivision Plat of Illiamna View Subdivision 2020 Replat,
submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, AK 99669, on behalf of Clifford Heus and
Kathleen Heus, 4540 Kenaitze Court, Kenai, AK 99611
Page 8
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-03
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT ILLIAMNA VIEW SUBDIVISION 2020 REPLAT
ATTACHED HERETO BE APPROVED
WHEREAS, the City of Kenai received the plat from McLane Consulting, Inc. and,
WHEREAS, the plat meets Municipal Code requirements of the Rural Residential Zone; and,
WHEREAS, street names are referenced correctly; and,
WHEREAS, Kenaitze Court and I Street SE provide access to the proposed Lots 1-B and 1-C,
Block Two (2) Illiamna View Subdivision 2020 Replat; and,
WHEREAS, Kenaitze Court is a gravel City maintained road. The right-of-way for I Street SE
provides legal access to the proposed lots; however, this street has not been developed. Because
it is unlikely that these parcels will be further developed, the City of Kenai will not require that I
Street SE be further developed at this time. An installation agreement is not required; and
WHEREAS, City water and sewer lines are not located in this area and an installation agreement
will not be required; and,
WHEREAS, A note on the plat provides that conditions might not be suitable for onsite wastewater
treatment and disposal systems. No wastewater will be generated or disposed of on these lots as
of the date of this plat. If circumstances change to allow lawful onsite wastewater treatment and
disposal systems, those systems must meet the wastewater disposal requirements of KPB
Chapter 20.40 and the regulatory requirements of the Alaska Department of Environmental
Conservation; 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, easements are 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 14.24.010 Minimum lot area requirements, the
proposed lots meets City standards for minimum lot sizes.
3. 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.
Page 9
Resolution No. PZ2021-03
Page 2 of 2
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the preliminary plat of Illiamna View Subdivision 2020 Replat 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. Prior to development, the Kenai Peninsula Borough floodplain administrator should be
contacted for current information and regulations. Development must comply with Title 21,
Chapter 6 of the Kenai Peninsula Borough Code of Ordinances.
3. If circumstances change to allow lawful onsite wastewater treatment and disposal
systems, those systems must meet the wastewater disposal requirements of KPB Chapter
20.40 and the regulatory requirements of the Alaska Department of Environmental
Conservation.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 27th day of January, 2021.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CITY CLERK
Page 10
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: January 21, 2021
SUBJECT: PZ2021-03 – Preliminary Plat – Illiamna View Subdivision 2020 Replat
Applicant: Clifford and Kathleen Heus
4540 Kenaitze Court
Kasilof, AK 99610
Submitted By: McLane Consulting, Inc.
P.O. Box 468
Soldotna, AK 99669
Requested Action: Preliminary Subdivision Plat – Illiamna View Subdivision 2020
Replat
Legal Description: Unsubdivided remainder of Lot 1, Block 2, Illiamna View
Subdivision resubdivision of Lots 1, Block 1, and Lot 1, Block 2,
Illiamna View Subdivision, Plat No. 78-99.
Property Address: 4500 I Street S.E.
KPB Parcel No: 049-310-10
Lot Size: Approximately 16.234 acres (707,153 square feet)
Existing Zoning: Rural Residential (RR)
Current Land Use: Vacant
Land Use Plan: Low Density Residential
Page 11
Page 2 of 3
GENERAL INFORMATION
McLane Consulting, Inc. submitted a preliminary plat on behalf of the property owners, Clifford
and Kathleen Heus. The plat affects the parcel described as unsubdivided remainder of Lot 1,
Block 2, of Illiamna View Subdivision, resubdivision of Lots 1, Block 1, and Lot 1, Block 2, Illiamna
View Subdivision, Plat No. 78-99.
The property owner wishes to subdivide a large lot comprised of approximately 16.234 acres
(approximately 707,153 square feet) into two lots. The proposed Lot 1-B, Block 2, Illiamna View
Subdivision 2020 Replat will be approximately 1.239 acres (approximately 53,971 square feet).
The proposed Lot 1-C, Block 2, Illiamna View Subdivision 2020 Replat is approximately 14.980
acres (approximately 652,529 square feet).
The application submitted by McLane Consulting, Inc. indicates that the purpose of the plat is to
provide private access to the Kenai River. The property owner also owns several lots within
Illiamna View Subdivision and would like to access the Kenai River via the proposed Lot 1-B,
Block 2, Illiamna View Subdivision 2020 Replat. It should be noted that there is a section line
easement along the north boundary of the proposed lot. Access is not limited to private use only.
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 property owners 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 January 21, 2021.
ANALYSIS
Access to the proposed lots is provided via Kenaitze Court and I Street SE. Kenaitze Court is a
gravel City maintained road. The right-of-way for I Street SE provides legal access to the proposed
lots; however, the street has not been developed. Because it is unlikely that these parcels will be
further developed, the City of Kenai will not require that I Street SE be further developed at this
time. An installation agreement is not required.
A note on the plat provides that conditions might not be suitable for onsite wastewater treatment
and disposal systems. No wastewater will be generated or disposed of on these lots as of the
date of this plat. If circumstances change to allow lawful onsite wastewater treatment and disposal
systems, those systems must meet the wastewater disposal requirements of KPB Chapter 20.40
and the regulatory requirements of the Alaska Department of Environmental Conservation.
Page 12
Page 3 of 3
The probability of this property being developed is highly unlikely. The property is mostly wetlands
and also within the flood hazard area by FEMA. The flood zone AR is per FEMA panel 020012-
2035A. Prior to development, the Kenai Peninsula Borough floodplain administrator should be
contacted for current information and regulations. Development must comply with Title 21,
Chapter 6 of the Kenai Peninsula Borough Code of Ordinances
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 approval of the preliminary plat of Illiamna View Subdivision 2020 Replat,
subject to the conditions as forth below.
RECOMMENDATIONS
City staff recommends approval of the preliminary plat of Illiamna View Subdivision 2020 Replat,
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 development, the Kenai Peninsula Borough floodplain administrator should be
contacted for current information and regulations. Development must comply with Title 21,
Chapter 6 of the Kenai Peninsula Borough Code of Ordinances.
3. If circumstances change to allow lawful onsite wastewater treatment and disposal
systems, those systems must meet the wastewater disposal requirements of KPB Chapter
20.40 and the regulatory requirements of the Alaska Department of Environmental
Conservation.
ATTACHMENTS
1. Resolution No. PZ2021-03
2. Application
3. Preliminary Plat
4. Aerial Map
Page 13
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-03
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT ILLIAMNA VIEW SUBDIVISION 2020 REPLAT
ATTACHED HERETO BE APPROVED
WHEREAS, the City of Kenai received the plat from McLane Consulting, Inc. and,
WHEREAS, the plat meets Municipal Code requirements of the Rural Residential Zone; and,
WHEREAS, street names are referenced correctly; and,
WHEREAS, Kenaitze Court and I Street SE provide access to the proposed Lots 1-B and 1-C,
Block Two (2) Illiamna View Subdivision 2020 Replat; and,
WHEREAS, Kenaitze Court is a gravel City maintained road. The right-of-way for I Street SE
provides legal access to the proposed lots; however, this street has not been developed. Because
it is unlikely that these parcels will be further developed, the City of Kenai will not require that I
Street SE be further developed at this time. An installation agreement is not required; and
WHEREAS, City water and sewer lines are not located in this area and an installation agreement
will not be required; and,
WHEREAS, A note on the plat provides that conditions might not be suitable for onsite wastewater
treatment and disposal systems. No wastewater will be generated or disposed of on these lots as
of the date of this plat. If circumstances change to allow lawful onsite wastewater treatment and
disposal systems, those systems must meet the wastewater disposal requirements of KPB
Chapter 20.40 and the regulatory requirements of the Alaska Department of Environmental
Conservation; 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, easements are 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 14.24.010 Minimum lot area requirements, the
proposed lots meets City standards for minimum lot sizes.
3. 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.
Page 14
Resolution No. PZ2021-03
Page 2 of 2
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the preliminary plat of Illiamna View Subdivision 2020 Replat 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. Prior to development, the Kenai Peninsula Borough floodplain administrator should be
contacted for current information and regulations. Development must comply with Title 21,
Chapter 6 of the Kenai Peninsula Borough Code of Ordinances.
3. If circumstances change to allow lawful onsite wastewater treatment and disposal
systems, those systems must meet the wastewater disposal requirements of KPB Chapter
20.40 and the regulatory requirements of the Alaska Department of Environmental
Conservation.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 27th day of January, 2021.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CITY CLERK
Page 15
Page 16
Page 17
Page 18
PLANNING & ZONING
COMMISSION
PZ2021 -03 -Preliminary Plat -
Illiamna View Subdivision 2020 Replat
1
Page 19
SUMMARY
McLane Consulting, Inc. submitted a
preliminary plat on behalf of the property
owners, Clifford and Kathleen Heus.
2
Page 20
PRELIMINARY PLAT
The plat affects the parcel described as
unsubdivided remainder of Lot 1, Block 2, of
Illiamna View Subdivision, resubdivision of
Lots 1, Block 1, and Lot 1, Block 2, Illiamna
View Subdivision, Plat No. 78-99.
The property owner wishes to subdivide a
lot approximately 16.2 acres into two lots.
The proposed Lot 1-B, Block 2 will be
approximately 1.2 acres .The proposed Lot
1-C, Block 2, is approximately 14.9 acres.
The purpose of the plat is to provide private
access to the Kenai River via the proposed
Lot 1-B, Block 2. It should be noted that
there is a section line easement along the
north boundary of the proposed lot. Access
is not limited to private use only. 3
Page 21
STAFF ANALYSIS
Access is provided via Kenaitze Court and I Street SE. Kenaitze Court is a gravel City maintained road. The right-of-way for I Street SE provides legal access to the proposed lots; however, the street has not been developed. Because it is unlikely that these parcels will be further developed, the City of Kenai will not require that I Street SE be further developed at this time. An installation agreement is not required.
A note on the plat provides that conditions might not be suitable for onsite wastewater treatment and disposal systems. No wastewater will be generated or disposed of on these lots as of the date of this plat.
The probability of this property being developed is highly unlikely. The property is mostly wetlands and also within the flood hazard area by FEMA.
The preliminary plat meets requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations.
4
Page 22
RECOMMENDATIONS
City staff recommends approval of the preliminary plat of Illiamna View Subdivision 2020 Replat, 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 development, the Kenai Peninsula Borough floodplain administrator should be contacted for current information and regulations. Development must comply with Title 21, Chapter 6 of the Kenai Peninsula Borough Code of Ordinances.
3.If circumstances change to allow lawful onsite wastewater treatment and disposal systems, those systems must meet the wastewater disposal requirements of KPB Chapter 20.40 and the regulatory requirements of the Alaska Department of Environmental Conservation.
5
Page 23
ATTACHMENTS
1. Resolution No. PZ2021 -03
2. Application
3. Preliminary Plat
4. Aerial Map
6
Page 24
1. RESOLUTION
7
Page 25
2. APPLICATION
8
Page 26
3. PRELIMINARY PLAT
9
Page 27
4. AERIAL MAP
10
Page 28
File Attachments for Item:
Resolution PZ2021-01 – Application for a Conditional Use Permit for eight single family additional
dwellings, on Government Lot 107, Section 31, Township 6 North, Range 11 West , and located at 1614
Second Avenue. The application was submitted by Byler Contracting, P.O. Box 877750., Wasilla, AK
99687, on behalf of the TKC LLC, P.O. Box 10658, Bakersfield, CA 93389
Page 29
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-01
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A CONDITIONAL USE PERMIT FOR EIGHT ADDITIONAL SINGLE FAMILY
DWELLING UNITS.
APPLICANT: Byler Contracting
REPRESENTATIVE: Rob Coreson
PROPERTY ADDRESS: 1614 Second Avenue
LEGAL DESCRIPTION: GL 107, Sec.31, T6N, R11W
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04311006
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on January 5, 2021; 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 January 27, 2021, 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 eight additional proposed single-family unit’s meet the intent of
KMC14.20.150 and the intent of the RS Zone, given compliance with the staff
recommended specific conditions set forth below. The RS Zone is intended to provide for
medium density residential development in areas which will be provided with common
utility systems. The Land Use Table provides that a seven or more family dwelling is a
conditional use; therefore, a conditional use permit must be granted to construct the
additional 8 single family dwelling units in this zone. The proposed construction of the
eight units will offer four 2-bedroom and four 3-bedroom units. Access to the four 2-
bedroom units is via McKinley Street and the four 3-bedroom units are accessed via 2nd
Avenue. Traffic generated from eight single-family units is not anticipated to bring heavy
traffic into an existing neighborhood.
Page 30
Resolution No. PZ2021-01
Page 2 of 4
With the addition of the eight single family units, the total square footage of buildings
located on the property will be approximately 14,052 square feet; 12,752 square feet for
the eight new units, plus the approximately 1,300 square feet of the existing single family
dwelling. The maximum lot coverage allowed under Kenai Municipal Code 14.24.20 –
Development Requirements Table is 32,670 square feet at 30% maximum coverage,
therefore, the proposed development is well below the maximum lot coverage
requirement.
A conditional use permit for a Suburban Residential District with seven or more family
dwellings must also meet the conditions cited in footnote 3 of the KMC 14.22.010 Land
use table.
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.
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 primarily single-family dwellings
to the north, west, and east, and commercial businesses and a church to the south, which
front on the Kenai Spur Hwy. The applicant states that the proposed development will offer
value in the current market and will not negatively impact the surrounding properties.
Generally speaking, new residential construction of this nature, tends to increase
neighborhood property values.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Criteria Met. The Land Use Plan in 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
Page 31
Resolution No. PZ2021-01
Page 3 of 4
classification provides for areas that will typically be developed at a higher density than
the Low Density Residential classification.
The subject lot is larger than a typical suburban residential lot. The subject lot contains
approximately 108,900 square feet, which is much larger than the required minimum lot
size of 64,800 square feet required for nine single family dwelling units in the Suburban
Residential district.
Water and sewer services are available along 2nd Avenue and McKinley Street, which are
both paved, City maintained roads.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Criteria Met. The properties located along both 2nd Avenue and McKinley Street have
access to City water, City sewer, natural gas, electricity, and telephone services. 2nd
Avenue and McKinley Street are paved roads which are 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 18 parking spaces. The attached application meets
this requirement by providing a garage and driveway for parking at least two vehicles per
each dwelling unit.
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 an additional eight single family dwelling units will not be harmful
to the public safety, health and welfare. Staff believes that public services are available to
adequately serve this development. The applicant has provided the City with a draft site
plan, which indicates that there will be sufficient parking available for residents and guests.
Access to 4 units will be provided via individual driveways on McKinley Street. The access
to the four remaining units will be provided via a driveway from 2nd Avenue.
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 below. The applicant must obtain a building permit
and an approved site plan 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 Byler Contracting for the use of an
additional eight residential single-family dwelling units on GL 107, Sec.31, T6N,
R11W located at 1614 Second Avenue.
Section 2. That the conditional use permit is subject to the following conditions:
Page 32
Resolution No. PZ2021-01
Page 4 of 4
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 Planning Director.
3. Prior to issuance of a Building Permit, conditions listed under Footnote 3 of the KMC
14.22.010 Land use table must be reviewed and approved by the Planning Director.
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 yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
6. The applicant will meet with City staff for on-site inspections when requested.
7. 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).
8. 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.
9. 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 27th day of January, 2021.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CMC, CITY CLERK
Page 33
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: January 21, 2021
SUBJECT: Resolution PZ2021-01 – Conditional Use Permit – Eight Additional Dwelling
Units at 1614 2nd Avenue
Applicant: Byler Contracting
PO Box 877750
Wasilla, AK 99687
Legal Description: GL 107, Sec.31, T6N, R11W
Property Address: 1614 2nd Avenue
KPB Parcel No: 04311006
Lot Size: 2.50 (108,900 square feet)
Existing Zoning: Suburban Residential (RS)
Current Land Use: Single Family Dwelling Unit
Land Use Plan: Suburban Residential
GENERAL INFORMATION
A seven or more family dwelling is listed as a conditional use within the Suburban Residential
Zone in Kenai Municipal Code 14.22.010, Land Use Table. The applicant, Byler Contracting, has
submitted an application for a conditional use permit to construct 8 single-family dwelling units in
addition to the existing single-family dwelling unit at 1614 2nd Avenue. In order to construct these
additional units, a conditional use permit, including conditions cited in footnote 3 of the 14.22.010
Land Use Table, must be granted by the City of Kenai Planning and Zoning Commission.
Application, Public Notice, Public Comment
Kenai Municipal Code 14.22.010 – Land Use Table provides that a Seven or More Family Dwelling
is a conditional use. Accordingly, on January 5, 2021, an application for a conditional use permit
Page 34
Page 2 of 5
for an additional eight single-family dwelling units was submitted by Rob Coreson, on behalf of
Byler Contracting. 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:
Criteria #1: The use is consistent with the purpose of this chapter and the purposes
and intent of the zoning district.
Applicant Response: Offering separate residential structures to follow with the surrounding
area, all parking will be on lot, which should control traffic.
Staff Response: The eight additional proposed single-family unit’s meet the intent of
KMC14.20.150 and the intent of the RS Zone, given compliance with the staff
recommended specific conditions set forth below. The RS Zone is intended to provide for
medium density residential development in areas which will be provided with common
utility systems. The Land Use Table provides that a seven or more family dwelling is a
conditional use; therefore, a conditional use permit must be granted to construct the
additional 8 single family dwelling units in this zone. The proposed construction of the
eight units will offer four 2-bedroom and four 3-bedroom units. Access to the four 2-
bedroom units is via McKinley Street and the four 3-bedroom units are accessed via 2nd
Avenue. Traffic generated from eight single-family units is not anticipated to bring heavy
traffic into an existing neighborhood.
With the addition of the eight single family units, the total square footage of buildings
located on the property will be approximately 14,052 square feet; 12,752 square feet for
the eight new units, plus the approximately 1,300 square feet of the existing single family
dwelling. The maximum lot coverage allowed under Kenai Municipal Code 14.24.20 –
Development Requirements Table is 32,670 square feet at 30% maximum coverage,
therefore, the proposed development is well below the maximum lot coverage
requirement.
A conditional use permit for a Suburban Residential District with seven or more family
dwellings must also meet the conditions cited in footnote 3 of the KMC 14.22.010 Land
use table.
Page 35
Page 3 of 5
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.
Criteria #2: The value of the adjoining property and neighborhood will not be
significantly impaired.
Applicant Response: You will have 8 new homes that should bring the values up on the
surrounding property.
Staff Response: The surrounding neighborhood consists of primarily single-family
dwellings to the north, west, and east, and commercial businesses and a church to the
south, which front on the Kenai Spur Hwy. The applicant states that the proposed
development will offer value in the current market and will not negatively impact the
surrounding properties. Generally speaking, new residential construction of this nature,
tends to increase neighborhood property values.
Criteria #3: The proposed use is in harmony with the Comprehensive Plan.
Applicant Response: It would put in that neighborhood a brand new look with all up to date
finishes. It would increase of said property from $166,000 to Apx $1.5 million.
Staff Response: The Land Use Plan in 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 developed at a higher density than
the Low Density Residential classification.
The subject lot is larger than a typical suburban residential lot. The subject lot contains
approximately 108,900 square feet, which is much larger than the required minimum lot
Page 36
Page 4 of 5
size of 64,800 square feet required for nine single family dwelling units in the Suburban
Residential district.
Water and sewer services are available along 2nd Avenue and McKinley Street, which are
both paved, City maintained roads.
Criteria #4: Public services and facilities are adequate to serve the proposed use.
Applicant Response: There is water + sewer on 2 sides of the property.
Staff Response: The properties located along both 2nd Avenue and McKinley Street have
access to City water, City sewer, natural gas, electricity, and telephone services. 2nd
Avenue and McKinley Street are paved roads which are 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 18 parking spaces. The attached application meets
this requirement by providing a garage and driveway for parking at least two vehicles per
each dwelling unit.
Criteria #5: The proposed use will not be harmful to the public safety, health or
welfare.
Applicant Response: We will be adding 2 drive ways McKinley and 1 new drive way on
2nd Ave, all tenant parking will be on the lot.
Staff Response: The use of an additional eight single family dwelling units will not be
harmful to the public safety, health and welfare. Staff believes that public services are
available to adequately serve this development. The applicant has provided the City with
a draft site plan, which indicates that there will be sufficient parking available for residents
and guests. Access to 4 units will be provided via individual driveways on McKinley Street.
The access to the four remaining units will be provided via a driveway from 2nd Avenue.
Criteria #6: Specific conditions deemed necessary.
Applicant Response: All traffic will be headed to the spur hwy so no tenant traffic should
bother the neighbors. All parking for the tenants will be on the property.
Staff Response: See Conditions of Approval as set forth below. The applicant must obtain
a building permit and an approved site plan 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.
Page 37
Page 5 of 5
2. Prior to issuance of a Building Permit, a landscape/site plan must be reviewed and
approved by the Planning Director.
3. Prior to issuance of a Building Permit, conditions listed under Footnote 3 of the KMC
14.22.010 Land use table must be reviewed and approved by the Planning Director.
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 yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
6. The applicant will meet with City staff for on-site inspections when requested.
7. 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).
8. 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.
9. 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. PZ2021-01
B. Application
C. Site Plan
D. Map
E. Elevation/Floor Plan Drawings
Page 38
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-01
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A CONDITIONAL USE PERMIT FOR EIGHT ADDITIONAL SINGLE FAMILY
DWELLING UNITS.
APPLICANT: Byler Contracting
REPRESENTATIVE: Rob Coreson
PROPERTY ADDRESS: 1614 Second Avenue
LEGAL DESCRIPTION: GL 107, Sec.31, T6N, R11W
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04311006
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on January 5, 2021; 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 January 27, 2021, 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 eight additional proposed single-family unit’s meet the intent of
KMC14.20.150 and the intent of the RS Zone, given compliance with the staff
recommended specific conditions set forth below. The RS Zone is intended to provide for
medium density residential development in areas which will be provided with common
utility systems. The Land Use Table provides that a seven or more family dwelling is a
conditional use; therefore, a conditional use permit must be granted to construct the
additional 8 single family dwelling units in this zone. The proposed construction of the
eight units will offer four 2-bedroom and four 3-bedroom units. Access to the four 2-
bedroom units is via McKinley Street and the four 3-bedroom units are accessed via 2nd
Avenue. Traffic generated from eight single-family units is not anticipated to bring heavy
traffic into an existing neighborhood.
Page 39
Resolution No. PZ2021-01
Page 2 of 4
With the addition of the eight single family units, the total square footage of buildings
located on the property will be approximately 14,052 square feet; 12,752 square feet for
the eight new units, plus the approximately 1,300 square feet of the existing single family
dwelling. The maximum lot coverage allowed under Kenai Municipal Code 14.24.20 –
Development Requirements Table is 32,670 square feet at 30% maximum coverage,
therefore, the proposed development is well below the maximum lot coverage
requirement.
A conditional use permit for a Suburban Residential District with seven or more family
dwellings must also meet the conditions cited in footnote 3 of the KMC 14.22.010 Land
use table.
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.
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 primarily single-family dwellings
to the north, west, and east, and commercial businesses and a church to the south, which
front on the Kenai Spur Hwy. The applicant states that the proposed development will offer
value in the current market and will not negatively impact the surrounding properties.
Generally speaking, new residential construction of this nature, tends to increase
neighborhood property values.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Criteria Met. The Land Use Plan in 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
Page 40
Resolution No. PZ2021-01
Page 3 of 4
classification provides for areas that will typically be developed at a higher density than
the Low Density Residential classification.
The subject lot is larger than a typical suburban residential lot. The subject lot contains
approximately 108,900 square feet, which is much larger than the required minimum lot
size of 64,800 square feet required for nine single family dwelling units in the Suburban
Residential district.
Water and sewer services are available along 2nd Avenue and McKinley Street, which are
both paved, City maintained roads.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Criteria Met. The properties located along both 2nd Avenue and McKinley Street have
access to City water, City sewer, natural gas, electricity, and telephone services. 2nd
Avenue and McKinley Street are paved roads which are 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 18 parking spaces. The attached application meets
this requirement by providing a garage and driveway for parking at least two vehicles per
each dwelling unit.
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 an additional eight single family dwelling units will not be harmful
to the public safety, health and welfare. Staff believes that public services are available to
adequately serve this development. The applicant has provided the City with a draft site
plan, which indicates that there will be sufficient parking available for residents and guests.
Access to 4 units will be provided via individual driveways on McKinley Street. The access
to the four remaining units will be provided via a driveway from 2nd Avenue.
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 below. The applicant must obtain a building permit
and an approved site plan 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 Byler Contracting for the use of an
additional eight residential single-family dwelling units on GL 107, Sec.31, T6N,
R11W located at 1614 Second Avenue.
Section 2. That the conditional use permit is subject to the following conditions:
Page 41
Resolution No. PZ2021-01
Page 4 of 4
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 Planning Director.
3. Prior to issuance of a Building Permit, conditions listed under Footnote 3 of the KMC
14.22.010 Land use table must be reviewed and approved by the Planning Director.
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 yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
6. The applicant will meet with City staff for on-site inspections when requested.
7. 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).
8. 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.
9. 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 27th day of January, 2021.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CMC, CITY CLERK
Page 42
Page 43
Page 44
Page 45
GL 107, Sec.31, T6N, R11W1614 2nd AvenueParcel 0431100 6
N GILL STTHIRD AVE
HALLER STSECOND AVE MCKINLEY STKENAI SPUR HWY COOLIDGE LNTANAGA AVE
S GILL STGRANT PLEADIES WAYKOA CIRHAIDA DRWESBET CT
COTTONWOOD CIR
.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
0 16080 Feet
LEGEND
Su bject Parcel
Date: 1/22/2021
Page 46
Page 47
Page 48
PLANNING & ZONING
COMMISSION
Resolution PZ2021-01 –Conditional Use Permit –Eight Additional Dwelling Units
1614 2nd Avenue
1
Page 49
SUMMARY
2
Applicant:Byler Contracting
PO Box 877750
Wasilla, AK 99687
Legal
Description:
GL 107, Sec.31, T6N, R11W
Property
Address:
1614 2nd Avenue
KPB Parcel
No:
04311006
Lot Size:2.50 (108,900 square feet)
Existing
Zoning:
Suburban Residential
Current Land
Use:
Single Family Dwelling Unit
Land Use
Plan:
Suburban Residential
Page 50
DRAFT SITE PLAN
Proposal for an additional 8 single family
dwelling units:
4 2-bedroom units
4 3-bedroom units
Existing single family dwelling unit.
Neighboring properties include single
family residential, commercial, and
institutional.
3
Page 51
2-BEDROOM DRAWINGS
4
Page 52
3-BEDROOM DRAWINGS
5
Page 53
STAFF 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:
6
Page 54
REVIEW CRITERIA
Criteria #1: The use is consistent with the purpose of this chapter and the purposes
and intent of the zoning district.
Criteria #2: The value of the adjoining property and neighborhood will not be
significantly impaired.
Criteria #3: The proposed use is in harmony with the Comprehensive Plan.
Criteria #4: Public services and facilities are adequate to serve the proposed use.
Criteria #5: The proposed use will not be harmful to the public safety, health or
welfare.
Criteria #6: Specific conditions deemed necessary.
7
Page 55
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 Planning Director.
3.Prior to issuance of a Building Permit,conditions listed under Footnote 3 of the KMC
14.22.010 Land use table must be reviewed and approved by the Planning Director.
4.Prior to beginning construction of the project, a building permit must be issued by
the Building Official for the City of Kenai.
8
Page 56
RECOMMENDATIONS CONTINUED
5.A yearly Conditional Use Permit report must be submitted to the City of Kenai prior
to the 31st day of December of each year.
6.The applicant will meet with City staff for on-site inspections when requested.
7.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).
8.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.
9.Failure to provide documentation to the City for meeting these conditions shall be
grounds for the suspension or revocation of the conditional use permit.
9
Page 57
ATTACHMENTS
A. Resolution
B. Application
C. Site Plan
D. Map
E. Elevation/Floor Plan Drawings
F. Requirements Tables
10
Page 58
A. RESOLUTION
11
Page 59
A. RESOLUTION CONTINUED
12
Page 60
B. APPLICATION
13
Page 61
C. SITE PLAN
14
Page 62
D. AERIAL MAP
15
Page 63
E. 2-BEDROOM DRAWINGS
16
Page 64
E. 3-BEDROOM DRAWINGS
17
Page 65
F. LAND USE TABLE
18
Page 66
F. LAND USE TABLE
19
Page 67
F. MINIMUM LOT REQUIREMENTS
20
Page 68
F. DEVELOPMENT REQUIREMENTS
21
Page 69
File Attachments for Item:
City Council
Page 70
Kenai City Council - Regular Meeting Page 1 of 4
January 20, 2021
Kenai City Council - Regular Meeting
January 20, 2021 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. Dr. Kristin Mitchell - COVID-19 Vaccine Update and Q & A.
2. Joy Merriner, BDO USA, LLP - Presentation of the FY2020 City of Kenai Comprehensive
Annual Financial Report, Federal and State Single Audit Reports, and Audit Wrap Up.
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED AS AMENDED. Ordinance No. 3177-2021 - Authorizing a Shop Local
Economic Stimulus Program to Benefit Kenai Small Businesses And Award of a
Professional Services Agreement to the Kenai Chamber of Commerce and Visitor Center
for Administration of the Program.
• Substitute Ordinance No. 3177-2021 - Authorizing a Shop Local Economic Stimulus
Program to Benefit Kenai Small Businesses And Residents And Award of a Professional
Services Agreement to the Kenai Chamber of Commerce and Visitor Center for
Administration of the Program.
2. ENACTED UNANIMOUSLY. Ordinance No. 3178-2021 - Accepting and Appropriating a
COVID Cares Act for Older Adults and Their Caregivers 2021 Grant Passed Through the
State of Alaska for Kenai Senior Center Expenditures in Support of its Response to the
COVID-19 Public Health Emergency.
Page 71
Kenai City Council - Regular Meeting Page 2 of 4
January 20, 2021
3. ADOPTED UNANIMOUSLY. Resolution No. 2021-01 - Approving Amendments to the
Kenai Community Library Policies to Adopt Rules Regarding the Lending of Various
Electronic Devices and to Make Housekeeping Changes.
4. ADOPTED UNANIMOUSLY. Resolution No. 2021-02 - Further Extending the Disaster
Emergency Declaration for the City of Kenai Made on March 18, 2020 in Response to the
COVID-19 Health Emergency.
5. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2021-03 - Supporting an
Amendment Under Consideration by the Kenai Peninsula Borough Anadromous Waters
Habitat Protection Work Group to Allow Limited Commercial Activities Within the Habitat
Protection District in the City of Kenai.
6. ADOPTED UNANIMOUSLY. Resolution No. 2021-04 - Accepting a Quitclaim Deed from
the Kenai Peninsula Borough for the Land Described as T.6N., R.11W. Sec. 31, Lots 40,
41, and 42 Containing 3.75 Acres, More Commonly Known as the 4th Avenue Park, for the
Public Purposes of Maintaining a Public Park.
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of January 6, 2021.
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified.
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Purchase Orders Over
$15,000.
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Non-Objection to the
Liquor License Renewals for The Bow Bar and The Cannery Lodge.
4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/3/2021.
*Ordinance No. 3179-2021 - Amending Positions in the Classified Service in the Public
Works and Senior Center Departments as Established by the Annual Budget.
5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/3/2021.
*Ordinance No. 3180-2021 - Amending Kenai Municipal Code 3.05.070-Citation
Procedure, and Kenai Municipal Code 13.10.015 – Minor Offense Fine Schedule to
Incorporate Various Animal Control Offenses into the Minor Offense Fine Schedule and
Make Other Housekeeping Changes.
6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/3/2021.
*Ordinance No. 3181-2021 - Waiving Kenai Municipal Code 21.10.130 - Lease Execution
and Approving a Lease Execution Extension to July 27, 2021 to Kenai Aviation Operations,
LLC for Lot 9A, Block 5, General Aviation Apron Subdivision No. 5.
7. APPOINTMENT OF DAVID PECK CONFIRMED. Action/Approval - Confirmation of
Mayoral Nomination for Appointment to Harbor Commission.
Page 72
Kenai City Council - Regular Meeting Page 3 of 4
January 20, 2021
8. APPROVED UNANIMOUSLY AS AMENDED. Action/Approval - Supporting a
Transportation Program for Individuals Receiving COVID-19 Vaccinations at Locations in
Kenai.
9. APPROVED UNANIMOUSLY. Action/Approval - Supporting an Amendment to the Grant
Agreement with the Kenai Peninsula Food Bank of Alaska.
10. Discussion - Development of City of Kenai Business Stimulus / Incentive Programs.
11. Discussion - Kenai Fine Arts Center Remodel Update.
12. Discussion - COVID-19 Response.
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks & Recreation Commission
5. Planning & 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
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
Page 73
Kenai City Council - Regular Meeting Page 4 of 4
January 20, 2021
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. Join Zoom Meeting https://us02web.zoom.us/j/88043579001 Meeting ID: 880 4357 9001 Passcode: 372771
OR
Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 880 4357 9001 Passcode: 372771
Page 74
File Attachments for Item:
Kenai Peninsula Borough Planning
Page 75
144 N. Binkley Street, Soldotna, Alaska 99669 (907) 714-2215 (907) 714-2378 Fax
Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building
Office of the Borough Clerk
Melanie Aeschliman, Planning Director • Charlie Pierce, Borough Mayor
Blair Martin, Chair – Kalifornsky Beach ~ Robert Ruffner, Vice Chair – Kasilof/Clam Gulch Syverine Abrahamson-Bentz, Parliamentarian – Anchor Point/Ninilchik ~ Jeremy Brantley – Sterling Paulette Bokenko-Carluccio – City of Seldovia ~ Cindy Ecklund – City of Seward ~ Pamela Gillham – Ridge Way Davin Chesser – Northwest Borough ~ Diane Fikes – City of Kenai ~ Virginia Morgan – East Peninsula ~ Franco Venuti – City of Homer
Planning Commission Tentative Agenda
January 25, 2021
7:30 p.m.
The hearing procedure for the Planning Commission public hearings are as follows:
1) Staff will present a report 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 per person
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 AGENDAS
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and non-
controversial by the Planning Commission and may be approved by one motion. There will be no separate discussion of
consent agenda items unless a Planning Commissioner removes the item from the consent agenda. The removed item will
then be considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item, please advise the recording secretary before the meeting begins, and
she will inform the Chair of your wish to comment.
*1. Time Extension Requests
*2. Planning Commission Resolutions
*3. Administrative Approvals
*4. Plat Amendment Requests
*5. Commissioner Excused Absences
Virginia Morgan – East Peninsula
*6. Minutes
a. January 11, 2020 Plat Committee Meeting Minutes
b. January 11, 2020 Planning Commission Meeting Minutes
D. OLD BUSINESS
Page 76
Planning Commission Tentative Agenda January 25, 2021
Page 2
E. NEW BUSINESS
1. Moose Range Ridge Estates Oehler Replat
KPB File: 2020-155; [Segesser Surveys/Oehler Family Trust]
Location: Sandlin Street & Velma Avenue
Sterling Area
2. Right-Of-Way Vacation – Essick Remote NW
Location and request: Vacate Essick Remote NW right of way south of intersection with
Gene Smart Remote NW as dedicated on Caribou Island Amended, Plat SW -37. The right-
of-way being vacated is 100 feet in width, unconstructed, and located within the North 1/2
of Section 25, Township 4 North, Range 7 West, Seward Meridian, Alaska, within the Kenai
Peninsula Borough; KPB File 2020-154V; Petitioners: Michael & Peggy Clements
3. Ordinance 2021-__: Amending KPB 21.06, Administration, and KPB 21.06.070,
“Development” definition, for floodplain management purposes.
4. Ordinance 2021-19-__: Authorizing the acquisition of real property located at 4135 Hohe
Street, Homer, AK on behalf of South Peninsula Hospital, appropriating $315,000.00 from
the South Peninsula Hospital Plant Replacement & Expansion Fund for the purchase, and
authorizing an amendment to the SPH, Inc. Operating Agreement.
F. UNFINISHED BUSINESS
G. PLAT COMMITTEE REPORT - Plat Committee Meeting did not meet on January 25, 2021
H. OTHER
I. PUBLIC COMMENT/PRESENTATION (Items other than those appearing on the agenda or scheduled
for public hearing. Limited to five minutes per speaker unless previous arrangements are made)
1. Alaska Department of Transportation Presentation: Sterling Highway MP 45-60 Project
J. DIRECTOR'S COMMENTS
K. COMMISSIONER COMMENTS
L. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, February 8, 2021 in the Betty J. Glick Assembly
Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at
7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
ADVISORY COMMISSION MEETING LOCATION DATE TIME
Anchor Point Anchor Point Chamber of Commerce TBD
Cooper Landing Zoom TBD
Funny River Funny River Community Center TBD
Kalifornsky Zoom TBD
Kachemak Bay Zoom TBD
Page 77
Planning Commission Tentative Agenda January 25, 2021
Page 3
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. Links
to the websites can be found on the Planning Department website.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2215
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning@kpb.us
website: http://www.kpb.us/planning-dept/planning-home
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.
Moose Pass Moose Pass Community Hall TBD
Hope / Sunrise Zoom TBD
Page 78
JANUARY 27, 2021
PLANNING AND ZONING COMMISSION MEETING
ADDITIONAL MATERIAL/REVISION
REQUESTED REVISIONS TO THE AGENDA/PACKET:
ACTION ITEM REQUESTED BY
Add to Item E.1. Resolution No. PZ2021-03
Memorandum to Commission
Revised Resolution to Amend a Condition
of Approval
Administration
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: January 27, 2021
SUBJECT: Amendment to Resolution PZ2021-03 – Preliminary Plat – Illiamna View
Subdivision 2020 Replat
Administration recommends that the Commission amend Resolution PZ2021-03 – Preliminary
Plat – Illiamna View Subdivision 2020 Replat to replace the second condition in Section 1 with a
new condition, by making the following motion;
I move to replace the second condition in Section 1 with a new condition as follows:
Remove Note 6 from the Plat, the City of Kenai does not participate in the FEMA Floodplain
program and does not comply with Title 21, Chapter 6 of the Kenai Peninsula Borough
Code of Ordinances.
Thank you for your consideration.
Attachment:
Amended Resolution PZ2021-03 – Preliminary Plat – Illiamna View Subdivision 2020 Replat
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-03
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT ILLIAMNA VIEW SUBDIVISION 2020 REPLAT
ATTACHED HERETO BE APPROVED
WHEREAS, the City of Kenai received the plat from McLane Consulting, Inc. and,
WHEREAS, the plat meets Municipal Code requirements of the Rural Residential Zone; and,
WHEREAS, street names are referenced correctly; and,
WHEREAS, Kenaitze Court and I Street SE provide access to the proposed Lots 1-B and 1-C,
Block Two (2) Illiamna View Subdivision 2020 Replat; and,
WHEREAS, Kenaitze Court is a gravel City maintained road. The right-of-way for I Street SE
provides legal access to the proposed lots; however, this street has not been developed. Because
it is unlikely that these parcels will be further developed, the City of Kenai will not require that I
Street SE be further developed at this time. An installation agreement is not required; and
WHEREAS, City water and sewer lines are not located in this area and an installation agreement
will not be required; and,
WHEREAS, A note on the plat provides that conditions might not be suitable for onsite wastewater
treatment and disposal systems. No wastewater will be generated or disposed of on these lots as
of the date of this plat. If circumstances change to allow lawful onsite wastewater treatment and
disposal systems, those systems must meet the wastewater disposal requirements of KPB
Chapter 20.40 and the regulatory requirements of the Alaska Department of Environmental
Conservation; 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, easements are 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 14.24.010 Minimum lot area requirements, the
proposed lots meets City standards for minimum lot sizes.
3. 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.
Resolution No. PZ2021-03
Page 2 of 2
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the preliminary plat of Illiamna View Subdivision 2020 Replat 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. Remove Note 6 from the Plat, the City of Kenai does not participate in the FEMA
Floodplain program and does not comply with Title 21, Chapter 6 of the Kenai Peninsula
Borough Code of Ordinances.
3. If circumstances change to allow lawful onsite wastewater treatment and disposal
systems, those systems must meet the wastewater disposal requirements of KPB Chapter
20.40 and the regulatory requirements of the Alaska Department of Environmental
Conservation.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 27th day of January, 2021.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CITY CLERK