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HomeMy WebLinkAbout2021-04-28 Planning & Zoning PacketKenai Planning & Zoning Commission - Regular Meeting Page 1 of 3 April 28, 2021 Kenai Planning & Zoning Commission - Regular Meeting April 28, 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. 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 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. *April 14, 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 PZ2021-06 – Preliminary Subdivision Plat of TKC Subdivision, submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, AK 99669, on behalf of TKC, LLC, P.O. Box 10658, Bakersfield, CA 93389 2. Resolution PZ2021-13 – Preliminary Subdivision Plat of Baleen Cove Subdivision, submitted by Segesser Surveys, 30485 Rosland Street, Soldotna,AK 99669, on behalf of Vann Revocable Trust, P.O. Box 561, Kasilof, AK 99610 Page 1 Kenai Planning & Zoning Commission - Regular Meeting Page 2 of 3 April 28, 2021 F. PUBLIC HEARINGS 1. Resolution PZ2021-12 – Application for a Conditional Use Permit for a Day Care for the property described as Lot 1, Block L, Woodland Subdivision Part 1, located at 530 Ash Avenue, Kenai, Alaska 99611. The application was submitted by Lupine Orlob, 530 Ash Avenue, Kenai, AK 99611 2. Resolution PZ2021-10 – Application for a Conditional Use Permit for a Planned Unit Development for the property described as Tract A, Kenai Landing Cottages Subdivision, located at 2101 Bowpicker Lane, Kenai, Alaska 99611. The application was submitted by Kenai Landing, Inc., 2101 Bowpicker Lane, Kenai, AK 99611 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. Council Comments L. INFORMATIONAL ITEMS 1. Planning and Zoning Resolutions - First Quarter 2021 2. Building Permits - First Quarter 2021 3. Code Enforcement – First Quarter 2021 M. NEXT MEETING ATTENDANCE NOTIFICATION 1. May 12, 2021 N. COMMISSION COMMENTS AND QUESTIONS O. ADJOURNMENT Page 2 Kenai Planning & Zoning Commission - Regular Meeting Page 3 of 3 April 28, 2021 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/88610458566 Meeting ID: 886 1045 8566 Passcode: 655934 +1 253 215 8782 +1 669 900 6833 Meeting ID: 886 1045 8566 Passcode: 655934 Page 3 File Attachments for Item: 1. *April 14, 2021 Page 4 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING APRIL 14, 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, J. Halstead, G. Woodard, G. Greenberg, A. Douthit Commissioners absent: R. Springer, D. Fikes Staff/Council Liaison present: 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: Commissioner Halstead MOVED to approve the agenda as written and Commissioner Woodard SECONDED the motion. There were no objections; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Halstead MOVED to approve the consent agenda and Commissioner Woodard 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 Page 5 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 3 April 14, 2021 B. APPROVAL OF MINUTES 1. *March 24, 2021 The minutes were approved by the Consent Agenda. C. SCHEDULED PUBLIC COMMENT – None. D. UNSCHEDULED PUBLIC COMMENT – None. E. CONSIDERATION OF PLATS 1. Resolution PZ2021-06 – Preliminary Subdivision Plat of TKC Subdivision, submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, AK 99669, on behalf of TKC, LLC, P.O. Box 10658, Bakersfield, CA 93389 MOTION: Commissioner Douthit MOVED to approve Resolution No. PZ2021-06 and Commissioner Halstead SECONDED the motion. MOTION TO POSTPONE: Commissioner Douthit MOVED to postpone Resolution No. PZ2021-06 until the utility line design has been confirmed. Commissioner Halstead SECONDED the motion. Planning Director Foster explained that the utility line drawing that was submitted would not work for a subdivision, and the applicant needs to provide a letter of intent about what design they want to use. VOTE ON POSTPONEMENT: YEA: Halstead, Douthit, Greenberg, Woodard, 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 Glendening reported on the actions from the April 7, Page 6 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 3 April 14, 2021 2021 City Council meeting. 2. Borough Planning – No report. 3. City Administration – Planning Director Foster reported on the following: • The next Planning & Zoning meeting of April 28, 2021 is set to include two conditional use permits, a plat, and possibly the postponed plat for Resolution 2021-06 if the requirements are met; • Commissioner training is upcoming, but will not take place before the next meeting. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments 2. Council Comments L. INFORMATIONAL ITEMS M. NEXT MEETING ATTENDANCE NOTIFICATION 1. April 28, 2021 N. COMMISSION COMMENTS & QUESTIONS Commissioner Greenberg mentioned that the coordinator for the spruce bark beetle mitigation program was recently on the radio discussing the issue, and may be available to speak to the City about it. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:23 p.m. Minutes prepared and submitted by: ____________________________ Meghan Thibodeau Deputy City Clerk Page 7 File Attachments for Item: 1. Resolution PZ2021-06 – Preliminary Subdivision Plat of TKC Subdivision, submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, AK 99669, on behalf of TKC, LLC, P.O. Box 10658, Bakersfield, CA 93389 Page 8 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-06 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT TKC SUBDIVISION HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Segesser Surveys, Inc. and, WHEREAS, the plat meets Municipal Code requirements of the Suburban Residential (SR) zone; and, WHEREAS, street names are referenced correctly; and, WHEREAS, access to the proposed Lot 1A is provided via McKinley Street which is a paved City maintained road. Access to the proposed Lots 3 and 4, is provided via Second Avenue which is a paved City maintained road; and WHEREAS, there is an existing building located on the proposed Lot 3 which is connected to City water and sewer services. There are water and sewer lines located in the rights-of-way of McKinley Street and Second Avenue and the eight family dwelling units will connect to those services. 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, 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, and maximum height. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of TKC SUBDIVISION be approved subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. Page 9 Resolution No. PZ2021-06 Page 2 of 2 2. The plat number referenced for the Kenai Christian Church lot which lies to the South is labeled incorrectly; the plat number should be changed to KN2011-52. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28th day of April, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ MMC, CITY CLERK Page 10 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: April 23, 2021 SUBJECT: PZ2021-06 – Preliminary Plat – TKC Subdivision Applicant: TKC LLC P.O. Box 10658 Bakersfield, CA 93389 Submitted By: Segesser Surveys 30485 Rosland St. Soldotna, AK 99669 Requested Action: Preliminary Subdivision Plat – TKC Subdivision Legal Description: Government Lot 107, Section 31, Township 6 North, Range 11 West, Seward Meridian Property Address: 1614 Second Avenue KPB Parcel No: 04311006 Lot Size: Approximately 2.5 Acres (108,900 square feet) Existing Zoning: Suburban Residential Current Land Use: Single Family Dwelling Land Use Plan: Suburban Residential GENERAL INFORMATION Kenai Municipal Code 14.22.010. Land Use Table provides that a seven or more family dwelling is listed as a conditional use within the Suburban Residential Zone. The Planning and Zoning Commission reviewed and passed Resolution PZ 2021-01 on January 27, 2021, allowing for eight Page 11 Page 2 of 3 additional single family dwellings units to be constructed on a 2.5 acre parcel. Subsequent to the issuance of the Conditional Use Permit, the property owner decided to divide the 2.5 acre parcel into three lots. It is the intent of the property owner, to construct eight family dwellings. The proposed Lot 1A will contain four (4) family dwellings; Lot 3 will contain the existing single family dwelling; and the proposed Lot 4 will contain (4) family dwellings. The proposed plat includes a footprint of the proposed family dwelling to assure that the building setback requirements as set forth under condition number three of the Conditional Use Permit, Resolution PZ2021-01. Segesser Surveys, LLC. has submitted a preliminary plat on behalf of the property owner, TKC, LLC. The plat affects the parcel described as Government Lot 107, Section 31, Township 6 North, Range 11West, Seward Meridian. The plat will subdivide the 2.5 acre (approximately 108,900 square feet) Government Lot 107, into three smaller lots. Lot 1A will consist of approximately 28,862 square feet; Lot 3, will consist of approximately 14,770 square feet; and Lot 4, will consist of approximately 44,577 square feet. 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 April 8, 2021. ANALYSIS Access to the proposed Lot 1A is provided via McKinley Street which is a paved City maintained road. Access to the proposed Lots 3 and 4, is provided via Second Avenue which is a paved City maintained road. There is an existing building located on the proposed Lot 3 which is connected to City water and sewer services. There are water and sewer lines located in the rights-of-way of McKinley Street and Second Avenue and the eight family dwellings will connect to those services. An installation agreement is not required. The preliminary plat meets requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations. RECOMMENDATIONS City staff recommends approval of the preliminary plat of TKC Subdivision, subject to the following conditions: Page 12 Page 3 of 3 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. The plat number referenced for the Kenai Christian Church lot which lies to the South is labeled incorrectly; the plat number should be changed to KN2011-52. ATTACHMENTS 1. Resolution No. PZ2021-06 2. Application 3. Preliminary Plat 4. Aerial Map Page 13 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-06 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT TKC SUBDIVISION HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Segesser Surveys, Inc. and, WHEREAS, the plat meets Municipal Code requirements of the Suburban Residential (SR) zone; and, WHEREAS, street names are referenced correctly; and, WHEREAS, access to the proposed Lot 1A is provided via McKinley Street which is a paved City maintained road. Access to the proposed Lots 3 and 4, is provided via Second Avenue which is a paved City maintained road; and WHEREAS, there is an existing building located on the proposed Lot 3 which is connected to City water and sewer services. There are water and sewer lines located in the rights-of-way of McKinley Street and Second Avenue and the eight family dwelling units will connect to those services. 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, 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, and maximum height. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of TKC SUBDIVISION be approved subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. Page 14 Resolution No. PZ2021-06 Page 2 of 2 2. The plat number referenced for the Kenai Christian Church lot which lies to the South is labeled incorrectly; the plat number should be changed to KN2011-52. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28th day of April, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ MMC, CITY CLERK Page 15 Page 16 Page 17 Page 18 PLANNING & ZONING COMMISSION PZ2021-06 –Preliminary Plat - TKC Subdivision 1 Page 19 SUMMARY Segesser Surveys, LLC. has submitted a preliminary plat on behalf of the property owner, TKC, LLC. The Planning and Zoning Commission reviewed and passed Resolution PZ 2021-01 on January 27, 2021, allowing for eight additional single family dwellings units to be constructed on a 2.5 acre parcel. Subsequent to the issuance of the Conditional Use Permit, the property owner decided to divide the 2.5 acre parcel into three lots. 2 Page 20 SUMMARY On April 14, 2021 the Planning and Zoning Commission postponed the consideration of the TKC Subdivision plat to await the final design of the utilities associated with the development of the eight additional units and the subdivision into 3 lots. The Public Works Department has accepted the design for the water and sewer connections for the proposed parcels. 3 Page 21 PRELIMINARY PLAT The plat affects the parcel described as Government Lot 107, Section 31, Township 6 North, Range 11West, Seward Meridian. The plat will subdivide the 2.5 acre Government Lot 107, into three smaller lots. Lot 1A will consist of approximately 28,862 square feet; Lot 3, will consist of approximately 14,770 square feet; and Lot 4, will consist of approximately 44,577 square feet. 4 Page 22 STAFF ANALYSIS Access to the proposed Lot 1A is provided via McKinley Street which is a paved City maintained road. Access to the proposed Lots 3 and 4, is provided via Second Avenue which is a paved City maintained road. There is an existing building located on the proposed Lot 3 which is connected to City water and sewer services. There are water and sewer lines located in the rights-of-way of McKinley Street and Second Avenue and the eight family dwellings will connect to those services. An installation agreement is not required. The preliminary plat meets requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations. 5 Page 23 RECOMMENDATIONS City staff recommends approval of the preliminary plat of TKC Subdivision, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. The plat number referenced for the Kenai Christian Church lot, which lies to the South is labeled incorrectly; the plat number should be changed to KN2011-52. 6 Page 24 ATTACHMENTS 1. Resolution No. PZ2021-06 2. Application 3. Preliminary Plat 4. Aerial Map 5. Utility Design 7 Page 25 1. RESOLUTION 8 Page 26 2. APPLICATION 9 Page 27 3. PRELIMINARY PLAT 10 Page 28 4. AERIAL MAP 11 Page 29 5. UTILITY DESIGN 12 Page 30 File Attachments for Item: 2. Resolution PZ2021-13 – Preliminary Subdivision Plat of Baleen Cove Subdivision, submitted by Segesser Surveys, 30485 Rosland Street, Soldotna,AK 99669, on behalf of Vann Revocable Trust, P.O. Box 561, Kasilof, AK 99610 Page 31 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-13 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT BALEEN COVE SUBDIVISION ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Segesser Surveys, Inc. and, WHEREAS, the plat meets Municipal Code requirements of the Limited Commercial (LC) zone; and, WHEREAS, street names are referenced correctly; and, WHEREAS, Primary access to the lots would be via Baleen Avenue which is a gravel City maintained road; and WHERESAS, An access easement along the Southerly 30 feet of the lots and the Easterly 30 feet of the Lot 1 has been granted by the property owner. The access easement could provide secondary access to the proposed lots via VIP Drive: and WHEREAS, The City of Kenai does not have water and sewer lines in this area. Property owners would have to install individual water wells and septic systems. The septic systems must be installed by a DEC certified installer and meet Department of Environmental Conservations regulatory requirements; and WHEREAS, A 15 foot utility easement exists along the Southerly boundary of the lots and the Easterly boundary of Lot 1, Baleen Cove Subdivision. 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 32 Resolution No. PZ2021-13 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 Baleen Cove Subdivision 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. Delineate the access easement as set forth under Plat Note number 4 on the face of the plat. 3. Add to Plat Note number 4 that the City of Kenai does not recommend that the access easement be used as primary access into the subdivision. 4. Specify the acreage or square footage of each lot on the face of the plat. 5. The surrounding property notation for Lots 8 and 9, Block 3, should be changed to Lot 8A, Block 3, KN 2014-86. 6. Capitalize the “k” for Kasilof under the owner’s signature line. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28th day of April, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ MMC, CITY CLERK Page 33 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: April 22, 2021 SUBJECT: PZ2021 – 13 - Preliminary Plat – Baleen Cove Subdivision Applicant: Vann Revocable Trust P.O. Box 561 Kasilof, AK 99610 Submitted By: Segesser Surveys 30485 Rosland St. Soldotna, AK 99669 Requested Action: Preliminary Subdivision Plat – Baleen Cove Subdivision Legal Description: That portion of the S½ of the SE1/4 of the SW1/4, Section 17, T5N, R11W, Seward Meridian, lying North of the Northerly Right of Way of Kalifornsky Beach Road; EXCEPTING THEREFROM any portion lying within VIP Country Estates Subdivision, Part 5, according to Plat No. 85-124 Property Address: 725 Baleen Avenue KPB Parcel No: 04941052 Lot Size: 10 acres (approximately 435,600 square feet) Existing Zoning: Limited Commercial (LC) Current Land Use: Vacant Land Land Use Plan: Low Density Residential Page 34 Page 2 of 3 GENERAL INFORMATION Segesser Surveys, LLC. submitted a preliminary plat on behalf of the property owner, Vann Revocable Trust. The plat affects the parcel described as: That portion of the S½ of the SE1/4 of the SW1/4, Section 17, T5N, R11W, Seward Meridian, Kenai Recording District, Third Judicial District, lying North of the Northerly Right of Way of Kalifo rnsky Beach Road; EXCEPTING THEREFROM any portion lying within VIP Country Estates Subdivision, Part 5, according to Plat No. 85-124. The applicant wishes to subdivide the approximately 10 acre parcel into 7 lots. The lots are ranging in size from approximately 1 acre to approximately 2 acres. The minimum lot size exceeds the minimum lot size requirement of 12,500 square feet for development in the Limited Commercial zone. The lots also exceed the minimum lot width requirement of 90 feet for development as set forth in Kenai Municipal Code 14.24.020. 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 April 22, 2021. ANALYSIS The lots in the subdivision front Kalifornsky Beach Road, which is a paved road maintained by the State of Alaska, Department of Transportation. Plat Note number 5 denotes that “No private access to State maintained ROW s permitted unless approved by the State of Alaska Department of Transportation”. The primary access to the proposed lots would be via Baleen Avenue which is a gravel City maintained road. The applicant granted a 30-foot access easement adjacent to the rights-of way for Kalifornsky Beach Road and VIP Drive. The applicant indicated that this access easement could be used to access the lots in the subdivision. City staff does not recommend that the access easement be utilized for primary access to the lots. Individuals wishing to utilize the access easement would have to make a sharp right turn immediately from Kalifornsky Beach Road onto VIP Drive. This could impede traffic flow exiting off of Kalifornsky Beach Road. The City of Kenai recommends that Baleen Avenue be the primary access for the lots in the subdivision. The City of Kenai does not have water and sewer lines in this area. Property owners would have to install water wells and septic systems. The septic systems must be installed by a DEC certified Page 35 Page 3 of 3 installer and meet Department of Environmental Conservations regulatory requirements. An installation agreement is not required. A 15 foot utility easement lies along the Southerly boundary of the lots and the Easterly boundary of Lot 1, Baleen Cove Subdivision. The preliminary plat meets requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations. RECOMMENDATIONS City staff recommends approval of the preliminary plat of Baleen Cove Subdivision, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Delineate the access easement as set forth under Plat Note number 4 on the face of the plat. 3. Add to Plat Note number 4 that the City of Kenai does not recommend that the access easement be used as primary access into the subdivision. 4. Specify the acreage or square footage of each lot on the face of the plat. 5. The surrounding property notation for Lots 8 and 9, Block 3, should be changed to Lot 8A, Block 3, KN 2014-86. 6. Capitalize the “k” for Kasilof under the owner’s signature line. ATTACHMENTS 1. Resolution No. PZ2021-13 2. Application 3. Preliminary Plat 4. Aerial Map Page 36 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-13 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT BALEEN COVE SUBDIVISION ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Segesser Surveys, Inc. and, WHEREAS, the plat meets Municipal Code requirements of the Limited Commercial (LC) zone; and, WHEREAS, street names are referenced correctly; and, WHEREAS, Primary access to the lots would be via Baleen Avenue which is a gravel City maintained road; and WHERESAS, An access easement along the Southerly 30 feet of the lots and the Easterly 30 feet of the Lot 1 has been granted by the property owner. The access easement could provide secondary access to the proposed lots via VIP Drive: and WHEREAS, The City of Kenai does not have water and sewer lines in this area. Property owners would have to install individual water wells and septic systems. The septic systems must be installed by a DEC certified installer and meet Department of Environmental Conservations regulatory requirements; and WHEREAS, A 15 foot utility easement exists along the Southerly boundary of the lots and the Easterly boundary of Lot 1, Baleen Cove Subdivision. 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 37 Resolution No. PZ2021-13 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 Baleen Cove Subdivision 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. Delineate the access easement as set forth under Plat Note number 4 on the face of the plat. 3. Add to Plat Note number 4 that the City of Kenai does not recommend that the access easement be used as primary access into the subdivision. 4. Specify the acreage or square footage of each lot on the face of the plat. 5. The surrounding property notation for Lots 8 and 9, Block 3, should be changed to Lot 8A, Block 3, KN 2014-86. 6. Capitalize the “k” for Kasilof under the owner’s signature line. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28th day of April, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ MMC, CITY CLERK Page 38 Page 39 Page 40 Page 41 PLANNING & ZONING COMMISSION PZ2021-13 –Preliminary Plat - Baleen Cove Subdivision 1 Page 42 SUMMARY Segesser Surveys, LLC has submitted a preliminary plat on behalf of the property owner, Vann Revocable Trust. 2 Page 43 PRELIMINARY PLAT The plat affects the parcel described as :That portion of the S½ of the SE1/4 of the SW1/4, Section 17, T5N, R11W, Seward Meridian, Kenai Recording District, Third Judicial District, lying North of the Northerly Right of Way of Kalifornsky Beach Road; EXCEPTING THEREFROM any portion lying within VIP Country Estates Subdivision, Part 5, according to Plat No. 85-124. The plat will subdivide the 10 acre lot, into 7 lots, from approx. 1-2 acres each. 3 Page 44 STAFF ANALYSIS Kalifornsky Beach Road is a paved road maintained by the Alaska, DOT. Plat Note number 5 denotes that “No private access to State maintained ROWs permitted unless approved by the State of Alaska Department of Transportation”. The primary access to the proposed lots would be via Baleen Avenue which is a gravel City maintained road. The applicant was granted a 30 foot public access easement which could be used for access along the southern side of the lots, but is not recommended for primary access. A 15 foot utility easement lies along the Southerly boundary of the lots and the Easterly boundary of Lot 1, Baleen Cove Subdivision. The City of Kenai does not have water and sewer lines in this area. Property owners would have to install water wells and septic systems. The septic systems must be installed by a DEC certified installer and meet Department of Environmental Conservations regulatory requirements. 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 45 RECOMMENDATIONS City staff recommends approval of the preliminary plat of Baleen Cove Subdivision, subject to the following conditions: 1.Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2.Delineate the access easement as set forth under Plat Note number 4 on the face of the plat. 3.Add to Plat Note number 4 that the City of Kenai does not recommend that the access easement be used as primary access into the subdivision. 4.Specify the acreage or square footage of each lot on the face of the plat. 5.The surrounding property notation for Lots 8 and 9, Block 3, should be changed to Lot 8A, Block 3, KN 2014-86. 6.Capitalize the “k” for Kasilof under the owner’s signature line. 5 Page 46 ATTACHMENTS 1. Resolution No. PZ2021-13 2. Application 3. Preliminary Plat 4. Aerial Map 6 Page 47 1. RESOLUTION 7 Page 48 2. APPLICATION 8 Page 49 3. PRELIMINARY PLAT 9 Page 50 4. AERIAL MAP 10 Page 51 File Attachments for Item: 1. Resolution PZ2021-12 – Application for a Conditional Use Permit for a Day Care for the property described as Lot 1, Block L, Woodland Subdivision Part 1, located at 530 Ash Avenue, Kenai, Alaska 99611. The application was submitted by Lupine Orlob, 530 Ash Avenue, Kenai, AK 99611 Page 52 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-12 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER. APPLICANT: Lupine M. Orlob PROPERTY ADDRESS: 530 Ash Avenue LEGAL DESCRIPTION: Lot 1, Block L, Woodland Subdivision Part One KENAI PENINSULA BOROUGH PARCEL NUMBER: 04325011 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on April 1, 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 April 28, 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 proposed Day Care meets the intent of the Suburban Residential Zone (RS) to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy; (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. Page 53 Resolution No. PZ2021-12 Page 2 of 3 The Land Use Table provides that Day Care Centers are a conditional use; therefore, a conditional use permit must be granted for the operation of Day Care Centers. The applicant has provided a site plan that provides the layout of the premises. Further, the site plan indicates that the rear yard is fenced. 2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met. The parcels located to the North, South, East and West of the Day Care contain single family dwellings. Ms.Orlob has operated this Day Care for 10 years and circumstances will not change, other than she will providing child care services for 12 children rather than 8 children. The value of adjacent properties should not be significantly impacted by this change. The value of adjacent properties should not be significantly impacted by this change. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Criteria Met. The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. The City has not received any complaints concerning the operation of this Day Care during the 10 years that it has been in operation. Given the history of this Day Care, it is determined that the continued operation of the Day Care will not impair the quality of life within the neighborhood. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met. The residence located at 530 Ash Avenue is connected to City water and sewer services, and has access to natural gas, electricity and telephone services. Ash Avenue is a paved road which is maintained by the City of Kenai. The operation of a Day Care will not have an impact on these services. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Criteria Met: Sproutlets Creative Learning has operated successfully for the past 10 years without any negative effects to public safety, health, or welfare. There is no reason to believe that the continued operation of the Day Care will be harmful to the public safety, health or welfare of the community. 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. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Page 54 Resolution No. PZ2021-12 Page 3 of 3 Section 1. That a conditional use permit is granted to Lupine M. Orlob for a Day Care Center for property described as Lot 1, Block L, Woodland Subdivision Part One, and located at 530 Ash 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. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 3. Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 4. The applicant will meet with City staff for on-site inspections when requested. 5. 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). 6. 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. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28th day of April, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, MMC, CITY CLERK Page 55 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: April 22, 2021 SUBJECT: PZ2021-12 – Conditional Use Permit – Day Care Applicant: Lupine M. Orlob 530 Ash Avenue Kenai, Alaska 99611 Legal Description: Lot 1, Block L, Woodland Subdivision Part One Property Address: 530 Ash Avenue KPB Parcel No: 04325011 Lot Size: .30 Acres (13,068 square feet) Existing Zoning: Suburban Residential Current Land Use: Single Family Dwelling Land Use Plan: Suburban Residential GENERAL INFORMATION Kenai Municipal Code 14.20.230(b)(2) provides that a day care of no more than eight (8) children under the age twelve (12), including children related to the caregiver is allowed with a Home Occupation Permit. Home Occupation Permit PZ11-03 was passed by the Planning and Zoning Commission on January 26, 2011 for a home daycare. The applicant has successfully operated Sproutlets Creative Learning for the past ten (10) years. Ms. Orlob is in compliance with the Home Occupation Permit. Jeremiah Hamilton, Fire Marshal, for the City of Kenai, performed a fire inspection on March 26, 2021 and found the premises is compliant. The applicant wishes to increase the number of children attending Sproutlets Creative Learning from a maximum of 8 children to a maximum of 12 children; therefore, it is necessary for the applicant to obtain a Conditional Use Permit for a Day Care. The applicant has indicated that she will be adding an additional staff person to care for the children pursuant to State licensing requirements. Page 56 Page 2 of 4 Application, Public Notice, Public Comment 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: I have been running a Day Care from my home since 2011. I’d like to accept more than 8 children. I am a State licensed Day Care with a business license. Staff Response: The proposed Day Care meets the intent of the Suburban Residential Zone (RS) to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy; (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. The Land Use Table provides that Day Cares are a conditional use; therefore, a conditional use permit must be granted for the operation of Day Care Centers. The applicant has provided a site plan that provides the layout of the premises. Further, the site plan indicates that the rear yard is fenced. Criteria #2: The value of the adjoining property and neighborhood will not be significantly impaired. Applicant Response: Nothing will change, I just want to have more children. Staff Response: The parcels located to the North, South, East and West of the Day Care contain single family dwellings. Ms.Orlob has operated this Day Care for 10 years and circumstances will not change, other than she will providing child care services for 12 Page 57 Page 3 of 4 children rather than 8 children. The value of adjacent properties should not be significantly impacted by this change. Criteria #3: The proposed use is in harmony with the Comprehensive Plan. Applicant Response: This is just my house, that happens to have a business that helps me survive and pay bills. There is no impact to anyone else. The state requires that I have a maximum of 12 children. Staff Response: The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. The City has not received any complaints concerning the operation of this Day Care during the 10 years that it has been in operation. Given the history of this Day Care, it is determined that the continued operation of the Day Care will not impair the quality of life within the neighborhood. Criteria #4: Public services and facilities are adequate to serve the proposed use. Applicant Response: Yes, all facilities are kept up and checked on by State every six months. Staff Response: The residence located at 530 Ash Avenue is connected to City water and sewer services, and has access to natural gas, electricity and telephone services. Ash Avenue is a paved road which is maintained by the City of Kenai. The operation of a Day Care will not have an impact on these services. Criteria #5: The proposed use will not be harmful to the public safety, health or welfare. Applicant Response: Parking at the facility has been established for years. I have three parking slots in my driveway. Only a small amount of times when three parents show up at one time and its brief for pickup. Staff Response: Sproutlets Creative Learning has operated successfully for the past 10 years without any negative effects to public safety, health, or welfare. There is no reason to believe that the continued operation of the Day Care will be harmful to the public safety, health or welfare of the community. Criteria # 6: Specific conditions deemed necessary. Applicant Response: Nope, not al all. Except some of their children use my day care. Staff Response: See Conditions of Approval as set forth below. 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: Page 58 Page 4 of 4 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 3. Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 4. The applicant will meet with City staff for on-site inspections when requested. 5. 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). 6. 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. ATTACHMENTS A. Resolution No. PZ2021-12 B. Application/Child Care License/Site Plan C. Aerial Map Page 59 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-12 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER. APPLICANT: Lupine M. Orlob PROPERTY ADDRESS: 530 Ash Avenue LEGAL DESCRIPTION: Lot 1, Block L, Woodland Subdivision Part One KENAI PENINSULA BOROUGH PARCEL NUMBER: 04325011 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on April 1, 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 April 28, 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 proposed Day Care meets the intent of the Suburban Residential Zone (RS) to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy; (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. Page 60 Resolution No. PZ2021-12 Page 2 of 3 The Land Use Table provides that Day Care Centers are a conditional use; therefore, a conditional use permit must be granted for the operation of Day Care Centers. The applicant has provided a site plan that provides the layout of the premises. Further, the site plan indicates that the rear yard is fenced. 2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met. The parcels located to the North, South, East and West of the Day Care contain single family dwellings. Ms.Orlob has operated this Day Care for 10 years and circumstances will not change, other than she will providing child care services for 12 children rather than 8 children. The value of adjacent properties should not be significantly impacted by this change. The value of adjacent properties should not be significantly impacted by this change. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Criteria Met. The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. The City has not received any complaints concerning the operation of this Day Care during the 10 years that it has been in operation. Given the history of this Day Care, it is determined that the continued operation of the Day Care will not impair the quality of life within the neighborhood. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met. The residence located at 530 Ash Avenue is connected to City water and sewer services, and has access to natural gas, electricity and telephone services. Ash Avenue is a paved road which is maintained by the City of Kenai. The operation of a Day Care will not have an impact on these services. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Criteria Met: Sproutlets Creative Learning has operated successfully for the past 10 years without any negative effects to public safety, health, or welfare. There is no reason to believe that the continued operation of the Day Care will be harmful to the public safety, health or welfare of the community. 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. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Page 61 Resolution No. PZ2021-12 Page 3 of 3 Section 1. That a conditional use permit is granted to Lupine M. Orlob for a Day Care Center for property described as Lot 1, Block L, Woodland Subdivision Part One, and located at 530 Ash 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. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 3. Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 4. The applicant will meet with City staff for on-site inspections when requested. 5. 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). 6. 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. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28th day of April, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, MMC, CITY CLERK Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 PLANNING & ZONING COMMISSION Resolution PZ2021-12 –Conditional Use Permit –Day Care 530 Ash Avenue 1 Page 69 SUMMARY 2 Applicant:Lupine M. Orlob 530 Ash Avenue Kenai, Alaska 99611 Legal Description: Lot 1, Block L, Woodland Subdivision Part One Property Address: 530 Ash Avenue KPB Parcel No: 04325011 Lot Size:.30 Acres (13,068 square feet) Existing Zoning: Suburban Residential Current Land Use: Single Family Dwelling Land Use Plan: Suburban Residential Page 70 SUMMARY 3 Kenai Municipal Code 14.20.230(b)(2) provides that a day care of no more than eight (8) children under the age twelve (12), including children related to the caregiver is allowed with a Home Occupation Permit. Home Occupation Permit PZ11-03 was passed by the Planning and Zoning Commission on January 26, 2011 for a home daycare. The applicant has successfully operated Sproutlets Creative Learning for the past ten (10) years. Ms. Orlob is in compliance with the Home Occupation Permit. Jeremiah Hamilton, Fire Marshal, for the City of Kenai, performed a fire inspection on March 26, 2021 and found the premises is compliant. The applicant wishes to increase the number of children attending from a maximum of 8 children to a maximum of 12 children; therefore, requiring a Conditional Use Permit for a Day Care. The applicant has indicated that she will be adding an additional staff person to care for the children pursuant to State licensing requirements. Page 71 SITE PLAN Site plan identifies the layout of the interior of the day care. 4 Page 72 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: 5 Page 73 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. 6 Page 74 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.A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 3.Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 4.The applicant will meet with City staff for on-site inspections when requested. 5.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). 6.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. 7 Page 75 ATTACHMENTS A. Resolution B. Application C. Site Plan D. Aerial Map E. Child Care License 8 Page 76 A. RESOLUTION 9 Page 77 A. RESOLUTION CONTINUED 10 Page 78 B. APPLICATION 11 Page 79 C. SITE PLAN 12 Page 80 D. AERIAL MAP 13 Page 81 E. CHILD CARE LICENSE 14 Page 82 File Attachments for Item: 2. Resolution PZ2021-10 – Application for a Conditional Use Permit for a Planned Unit Development for the property described as Tract A, Kenai Landing Cottages Subdivision, located at 2101 Bowpicker Lane, Kenai, Alaska 99611. The application was submitted by Kenai Landing, Inc., 2101 Bowpicker Lane, Kenai, AK 99611 Page 83 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-10 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT. APPLICANT: Kenai Landing, Inc. REPRESENTATIVE: Jonathan Faulkner PROPERTY ADDRESS: 2101 Bowpicker Lane LEGAL DESCRIPTION: Tract A, Kenai Landing Cottages Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBER: 04910123 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on March 12, 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 April 28, 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; Criteria Met: The Kenai Municipal Code 14.22.010 – Land Use Table provides that a planned unit residential development is a conditional use for the Heavy Industrial zoning district. The proposed street network is anticipated to be sufficient to accommodate the traffic generated from 60 residential units in Phase A. In addition, a conditional use permit for a PUD must also meet the conditions cited in 14.20.170 Planned Unit Residential Development. b) Planned Unit Residential Development shall be subject to the following standards: (1) The proposed development shall meet the applicable conditions specified in KMC 14.20.150. Page 84 Resolution No. PZ2021-10 Page 2 of 6 Staff Response: The planned unit residential development and the associated 60 dwelling units meet the intent of KMC14.20.150, given compliance with the staff recommended specific conditions set forth below. (2) A detailed development plan shall be submitted to the Commission including a site plan drawn to scale. The site plan shall include, but not be limited to, the topography and drainage of the proposed site, the location of all existing and proposed structures, designated areas of common open space, internal and external circulation patterns, and location of the required parking spaces. A general floor plan of the principal buildings, together with any requested information, shall also be submitted to the Commission. A development schedule shall also be submitted for the purpose of coordinating the development and open space components of the Planned Unit Residential Development. Staff Response: A detailed development plan has been submitted by the applicant and includes exhibits for a site plan, utilities, parking, phasing, development areas, open space plans, and general floor plans. (3) The minimum parcel size allowed for a Planned Unit Residential Development shall be two and one-half (2.5) acres, inclusive of any dedicated right-of-way or public use easement which may exist within the boundaries of the site. Staff Response: This application meets this standard with an approximately 13 acre project site for Phase A. (4) The maximum number of dwelling units per acre allowable within the gross area of a Planned Unit Residential Development shall be as follows: Zoning District (Gross Area) Dwelling Units/Acre Rural Residential Six (6) Suburban Residential Subject to Commission Determination Urban Residential Subject to Commission Determination Staff Response: The Heavy Industrial zoning district is not specified in this standard’s table, therefore, the dwelling units per acre are subject to Commission determination. Staff considers this application meeting this standard with a 4.59 dwelling units/acre, less than the 6 dwelling units per acre of the low-density Rural Residential zoning district, a zoning district that generally does not have as much intensity of use as the Heavy Industrial district. (5) The allowable land use activities shall include the following: Page 85 Resolution No. PZ2021-10 Page 3 of 6 (A) Residential uses including single-family, duplex, multiplex, and townhouse dwelling units; (B) Any principal, secondary, or conditional uses permitted within the zoning district in which the Planning Unit Residential Development is to be established. Staff Response: This standard is met with the inclusion of single-family, duplex, multiplex, and townhouse dwelling units. (6) The building coverage within the Planned Unit Residential Development shall not exceed thirty percent (30%) of the site area in the RR and RS zones or forty percent (40%) of the site if located in the RU zone. Staff Response: Phase A lot coverage is approximately 10% of the 13.05 acre project site, therefore, this standard is met as substantially lower than 30% lot coverage. (7) The following design standards shall govern the Planned Unit Residential Development: (A) The development requirements of the specific zoning district, except as otherwise allowed, shall apply to all portions of the development; Staff Response: Prior to issuance of a Building Permit, conditions listed under 14.20.160 Townhouses must be reviewed and approved by the Planning Director. Adjustments to criteria regarding lot width, lot size, and setbacks will be considered due to the nature of the project, including the Condominium approach in lieu of fee simple lots. This condition of approval is noted below. (B) All areas not devoted to building or associated parking areas shall be left in its natural state, appropriately landscaped, utilized for an active or passive recreation area, or developed for a purpose specified in a submitted site development plan; Staff Response: Exhibits have been provided demonstrating the reserved usable open space, which includes a dock, promenade, plaza, and natural spaces. A detailed landscape/site plan is required as a condition of approval as noted below. (C) A minimum of thirty percent (30%) of the site shall be reserved as usable open space. Any portion of this open space may be reserved in common for the benefit of the residents within the Planned Unit Residential Development. Staff Response: Approximately 34% of the project site is reserved as usable open space. (D) Residential and nonresidential uses within the Planned Unit Residential Development shall be separated by a buffer strip, landscaped area, fence, or other manner deemed appropriate by the Commission. Staff Response: This application does not have any non-residential uses. (E) Any use developed along the perimeter of the Planned Unit Residential Development shall be consistent with principal uses allowed in the abutting zoning districts. Page 86 Resolution No. PZ2021-10 Page 4 of 6 Staff Response: Neighboring parcels are also zoned heavy industrial, and the residential use of the PUD is considered compatible with the lodging and event uses on the adjacent property to the south. This application does not have development planned for the northern perimeter of the subject parcel. (8) The developer or subdivider of any Planned Unit Residential Development including common open area, property, or amenities, shall have evidence that compliance with Uniform Common Interest Ownership Act, AS 34.08, has been made prior to the sale of any townhouse dwelling units. Staff Response: This standard has been added as a condition of approval of the Conditional Use Permit application as set forth below. 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 City leased land, North Pacific Seafoods, and open space to the north, Cannery Lodge to the south, the Kenai River to the east, and Hillcorp and residential to the west. Generally speaking, new residential construction of this nature, tends to increase neighborhood property values and should not negatively impair the value of adjacent properties. 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 Industrial, which may include warehousing, trucking, packaging, distribution, production, manufacturing, processing, marine-related industry and storage, and similar industrial activities. As noted in the Comprehensive Plan, the decline of the commercial fishing industry has affected operations of some fish processing plants, a past use of the subject property. Kenai Municipal Code 14.22.010 – Land Use Table provides that a Planned unit residential development is a conditional use for the Heavy Industrial zoning district, and a development option that can meet the current demands for multiple types of housing, along with outdoor amenities, in the City of Kenai. Below are additional goals/objectives from the Comprehensive Plan that support this PUD application:  Q-9 Encourage healthy lifestyles by providing opportunities and/or facilities for outdoor activities.  LU-14 Ensure a pattern of connecting streets and blocks that allows people to get around easily by foot, bicycle or car when approving new developments, both commercial and multifamily.  LU-10 Encourage creative subdivision design for residential areas. PR-4 Support projects that provide additional quality outdoor and indoor recreation. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Page 87 Resolution No. PZ2021-10 Page 5 of 6 Criteria Met. Existing public sewer and water utilities are located on Bridge Access Road and are approximately two miles away from the subject property, and therefore, are not a viable option for this project. The PUD Phase A will have access to water, sewer, waste removal, and road maintenance provided by the commercial condominium. Natural gas service will be provided by Enstar and electricity by Homer Electric Association. Kenai Municipal Code 14.20.250(b)(8) requires that there are two parking spaces available for each unit for a total of 120 parking spaces for the 60 units. The attached application meets this requirement by providing a garage and surface parking for at least two vehicles per each dwelling unit with an additional 20 spaces dedicated to transient, RV, and boat launch parking. While primarily provided by a private entity, staff believes the services and facilities are adequate to serve the development. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Criteria Met: A planned unit residential development of 60 dwelling units for Phase A will not be harmful to the public safety, health and welfare. Staff believes that 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. The subject property is transitioning away from a traditional heavy industrial zoning use, and therefore, industrial impacts on public safety, health and welfare do not have to be considered in evaluating this project. 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. 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 Landing, Inc. for the use of a planned unit residential development with 60 dwelling units on Tract A, Kenai Landing Cottages Subdivision located at 2101 Bowpicker Lane. 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 Planning Director. 3. Prior to issuance of a Building Permit, conditions listed under 14.20.170 Planned Unit Residential Development must be reviewed and approved by the Planning Director. 4. Prior to issuance of a Building Permit, conditions listed under 14.20.160 Townhouses must be reviewed and approved by the Planning Director. Page 88 Resolution No. PZ2021-10 Page 6 of 6 Adjustments to criteria regarding lot width, lot size, and setbacks will be considered due to the nature of the project, including the Condominium approach in lieu of fee simple lots. 5. Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. 6. Applicant will provide a copy of DEC compliance certification on the water/sewer system. 7. Approval and issuance of the Conditional Use Permit for the Planned Unit Residential Development results in expiration of PZ2020-35 granting a Conditional Use Permit for two, two unit townhouses and one three unit townhouse on the subject property. 8. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 9. The applicant will meet with City staff for on-site inspections when requested. 10. 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). 11. 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. 12. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. 13. The developer or subdivider of any Planned Unit Residential Development including common open area, property, or amenities, shall have evidence that compliance with Uniform Common Interest Ownership Act, AS 34.08, has been made prior to the sale of any townhouse dwelling units. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28th day of April, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, CMC, CITY CLERK Page 89 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: April 23, 2021 SUBJECT: Resolution PZ2021-10 – Conditional Use Permit – Planned Unit Development at 2101 Bowpicker Lane Applicant: Kenai Landing, Inc. 2101 Bowpicker Lane Kenai, AK 99611 Legal Description: Tract A, Kenai Landing Cottages Subdivision Property Address: 2101 Bowpicker Lane KPB Parcel No: 04910123 Lot Size: 49 acres (2,134,440 square feet) Existing Zoning: Heavy Industrial (IH) Current Land Use: Lodging and Event Center Land Use Plan: Heavy Industrial GENERAL INFORMATION A planned unit residential development (PUD) is listed as a conditional use within the Heavy Industrial (IH) district in Kenai Municipal Code 14.22.010, Land Use Table. The applicant, Kenai Landing, Inc., has submitted an application for a conditional use permit to construct 60 dwelling units of Phase A at 2101 Bowpicker Lane. In order to construct the proposed dwelling units, a conditional use permit, including conditions cited in 14.20.170 Planned Unit Residential Development, 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 Planned unit residential development is a conditional use. Accordingly, on March 12, 2021, an application for a conditional Page 90 Page 2 of 8 use permit for was submitted by Kenai Landing, 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: Criteria #1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Applicant Response: For Tract A; the purpose and intent of the zoning district was influenced by the historical presence of the Wards Cove Cannery that pre-dated the incorporation of the city of Kenai. Applicant's proposed mix of residential with light commercial and retail activity is consistent with the historic purpose of Tract A that existed when the zoning district was formed. The intent of Tract A's zoning district has always been to encourage large scale investment, to accommodates a range of residential and commercial uses, and to avoid heavy industrial uses that impact the environment or surrounding lands too adversely. Thus, the proposed PUD is consistent with the purpose and intent of the IH zoning district here. Staff Response: The Kenai Municipal Code 14.22.010 – Land Use Table provides that a planned unit residential development is a conditional use for the Heavy Industrial zoning district. The proposed street network is anticipated to be sufficient to accommodate the traffic generated from 60 residential units in Phase A. In addition, a conditional use permit for a PUD must also meet the conditions cited in 14.20.170 Planned Unit Residential Development. b) Planned Unit Residential Development shall be subject to the following standards: (1) The proposed development shall meet the applicable conditions specified in KMC 14.20.150. Staff Response: The planned unit residential development and the associated 60 dwelling units meet the intent of KMC14.20.150, given compliance with the staff recommended specific conditions set forth below. Page 91 Page 3 of 8 (2) A detailed development plan shall be submitted to the Commission including a site plan drawn to scale. The site plan shall include, but not be limited to, the topography and drainage of the proposed site, the location of all existing and proposed structures, designated areas of common open space, internal and external circulation patterns, and location of the required parking spaces. A general floor plan of the principal buildings, together with any requested information, shall also be submitted to the Commission. A development schedule shall also be submitted for the purpose of coordinating the development and open space components of the Planned Unit Residential Development. Staff Response: A detailed development plan has been submitted by the applicant and includes exhibits for a site plan, utilities, parking, phasing, development areas, open space plans, and general floor plans. (3) The minimum parcel size allowed for a Planned Unit Residential Development shall be two and one-half (2.5) acres, inclusive of any dedicated right-of-way or public use easement which may exist within the boundaries of the site. Staff Response: This application meets this standard with an approximately 13 acre project site for Phase A. (4) The maximum number of dwelling units per acre allowable within the gross area of a Planned Unit Residential Development shall be as follows: Zoning District (Gross Area) Dwelling Units/Acre Rural Residential Six (6) Suburban Residential Subject to Commission Determination Urban Residential Subject to Commission Determination Staff Response: The Heavy Industrial zoning district is not specified in this standard’s table, therefore, the dwelling units per acre are subject to Commission determination. Staff considers this application meeting this standard with a 4.59 dwelling units/acre, less than the 6 dwelling units per acre of the low-density Rural Residential zoning district, a zoning district that generally does not have as much intensity of use as the Heavy Industrial district. (5) The allowable land use activities shall include the following: (A) Residential uses including single-family, duplex, multiplex, and townhouse dwelling units; Page 92 Page 4 of 8 (B) Any principal, secondary, or conditional uses permitted within the zoning district in which the Planning Unit Residential Development is to be established. Staff Response: This standard is met with the inclusion of single-family, duplex, multiplex, and townhouse dwelling units. (6) The building coverage within the Planned Unit Residential Development shall not exceed thirty percent (30%) of the site area in the RR and RS zones or forty percent (40%) of the site if located in the RU zone. Staff Response: Phase A lot coverage is approximately 10% of the 13.05 acre project site, therefore, this standard is met as substantially lower than 30% lot coverage. (7) The following design standards shall govern the Planned Unit Residential Development: (A) The development requirements of the specific zoning district, except as otherwise allowed, shall apply to all portions of the development; Staff Response: Prior to issuance of a Building Permit, conditions listed under 14.20.160 Townhouses must be reviewed and approved by the Planning Director. Adjustments to criteria regarding lot width, lot size, and setbacks will be considered due to the nature of the project, including the Condominium approach in lieu of fee simple lots. This condition of approval is noted below. (B) All areas not devoted to building or associated parking areas shall be left in its natural state, appropriately landscaped, utilized for an active or passive recreation area, or developed for a purpose specified in a submitted site development plan; Staff Response: Exhibits have been provided demonstrating the reserved usable open space, which includes a dock, promenade, plaza, and natural spaces. A detailed landscape/site plan is required as a condition of approval as noted below. (C) A minimum of thirty percent (30%) of the site shall be reserved as usable open space. Any portion of this open space may be reserved in common for the benefit of the residents within the Planned Unit Residential Development. Staff Response: Approximately 34% of the project site is reserved as usable open space. (D) Residential and nonresidential uses within the Planned Unit Residential Development shall be separated by a buffer strip, landscaped area, fence, or other manner deemed appropriate by the Commission. Staff Response: This application does not have any non-residential uses. (E) Any use developed along the perimeter of the Planned Unit Residential Development shall be consistent with principal uses allowed in the abutting zoning districts. Page 93 Page 5 of 8 Staff Response: Neighboring parcels are also zoned heavy industrial, and the residential use of the PUD is considered compatible with the lodging and event uses on the adjacent property to the south. This application does not have development planned for the northern perimeter of the subject parcel. (8) The developer or subdivider of any Planned Unit Residential Development including common open area, property, or amenities, shall have evidence that compliance with Uniform Common Interest Ownership Act, AS 34.08, has been made prior to the sale of any townhouse dwelling units. Staff Response: This standard has been added as a condition of approval of the Conditional Use Permit application as set forth below. Criteria #2: The value of the adjoining property and neighborhood will not be significantly impaired. Applicant Response: Cannery Lodge is a successful lodging and event venue that is the only adjacent landholder to the proposed PUD to the south of Tract A. Its owner, PRL (Ron Hyde) is supportive of this PUD as it represents the least likely use to impair the value of his investment and most likely to enhance it, especially when compared to other possible permitted uses in the IH zone. Traffic, for example, will increase but not as intensely as commercial traffic associated with a large fish processing or manufacturing facility. The PUD, therefore, is more likely to enhance the value of like property that surrounds the PUD. Staff Response: The surrounding neighborhood consists of City leased land, North Pacific Seafoods, and open space to the north, Cannery Lodge to the south, the Kenai River to the east, and Hillcorp and residential to the west. Generally speaking, new residential construction of this nature, tends to increase neighborhood property values and should not negatively impair the value of adjacent properties. Criteria #3: The proposed use is in harmony with the Comprehensive Plan. Applicant Response: The Comprehensive Plan recognizes a history of mixed use on Tract A, a significant component of which was seasonal residential lodging for hundreds of fishermen, engineers and cannery workers, The Comprehensive Plan emphasizes harmony of adjacent uses and this PUD application advances that objective. Finally, it brings valuable land into production in a manner that reflects its highest and best economic use, and highest potential assessed value. Staff Response: The Land Use Plan in the City’s Comprehensive Plan designates this property as Industrial, which may include warehousing, trucking, packaging, distribution, production, manufacturing, processing, marine-related industry and storage, and similar industrial activities. As noted in the Comprehensive Plan, the decline of the commercial fishing industry has affected operations of some fish processing plants, a past use of the subject property. Kenai Municipal Code 14.22.010 – Land Use Table provides that a Planned unit residential development is a conditional use for the Heavy Industrial zoning district, and a development option that can meet the current demands for multiple types of housing, along with outdoor amenities, in the City of Kenai. Page 94 Page 6 of 8 Below are additional goals/objectives from the Comprehensive Plan that support this PUD application:  Q-9 Encourage healthy lifestyles by providing opportunities and/or facilities for outdoor activities.  LU-14 Ensure a pattern of connecting streets and blocks that allows people to get around easily by foot, bicycle or car when approving new developments, both commercial and multifamily.  LU-10 Encourage creative subdivision design for residential areas.  PR-4 Support projects that provide additional quality outdoor and indoor recreation. Criteria #4: Public services and facilities are adequate to serve the proposed use. Applicant Response: Yes, the commercial condominium, will provided water, waste, road maintenance and other services to unit owners. Primary physical and legal access is provided via Cannery Road, an existing public road. HEA will provide power and Enstar will provide natural gas. Thus, a combination of both public and private services offered through the commercial condo association create an adequate base of service. Staff Response: Existing public sewer and water utilities are located on Bridge Access Road and are approximately two miles away from the subject property, and therefore, are not a viable option for this project. The PUD Phase A will have access to water, sewer, waste removal, and road maintenance provided by the commercial condominium. Natural gas service will be provided by Enstar and electricity by Homer Electric Association. Kenai Municipal Code 14.20.250(b)(8) requires that there are two parking spaces available for each unit for a total of 120 parking spaces for the 60 units. The attached application meets this requirement by providing a garage and surface parking for at least two vehicles per each dwelling unit with an additional 20 spaces dedicated to transient, RV, and boat launch parking. W hile primarily provided by a private entity, staff believes the services and facilities are adequate to serve the development. Criteria #5: The proposed use will not be harmful to the public safety, health or welfare. Applicant Response: There are no elements of the PUD use which are deemed harmful to the public health, safety and welfare- certainly none that increase risks to the public over the historic industrial fish processing use. Harmful effects, if any, simply reflect those associated with living in a residential mixed use waterfront environment. Staff Response: A planned unit residential development of 60 dwelling units for Phase A will not be harmful to the public safety, health and welfare. Staff believes that 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. The subject property is transitioning away from a traditional heavy industrial zoning use, and therefore, industrial impacts on public safety, health and welfare do not have to be considered in evaluating this project. Page 95 Page 7 of 8 Criteria #6: Specific conditions deemed necessary. Applicant Response: N/A Staff Response: See Conditions of Approval as set forth below. RECOMMENDATIONS City staff find that the applicant meets the criteria for issuance of a Conditional Use Permit as set forth in Kenai Municipal Code 14.20.150 and Kenai Municipal Code 14.20.170 Planned unit residential development, 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 14.20.170 Planned Unit Residential Development must be reviewed and approved by the Planning Director. 4. Prior to issuance of a Building Permit, conditions listed under 14.20.160 Townhouses must be reviewed and approved by the Planning Director. Adjustments to criteria regarding lot width, lot size, and setbacks will be considered due to the nature of the project, including the Condominium approach in lieu of fee simple lots. 5. Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. 6. Applicant will provide a copy of DEC compliance certification on the water/sewer system. 7. Approval and issuance of the Conditional Use Permit for the Planned Unit Residential Development results in expiration of PZ2020-35 granting a Conditional Use Permit for two, two unit townhouses and one three unit townhouse on the subject property. 8. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 9. The applicant will meet with City staff for on-site inspections when requested. 10. 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). 11. 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. 12. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. Page 96 Page 8 of 8 13. The developer or subdivider of any Planned Unit Residential Development including common open area, property, or amenities, shall have evidence that compliance with Uniform Common Interest Ownership Act, AS 34.08, has been made prior to the sale of any townhouse dwelling units. ATTACHMENTS A. Resolution No. PZ2021-10 B. Application C. Site Plan/Exhibits D. Elevation/Floor Plan Drawings E. DEC Documentation Page 97 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-10 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT. APPLICANT: Kenai Landing, Inc. REPRESENTATIVE: Jonathan Faulkner PROPERTY ADDRESS: 2101 Bowpicker Lane LEGAL DESCRIPTION: Tract A, Kenai Landing Cottages Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBER: 04910123 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on March 12, 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 April 28, 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; Criteria Met: The Kenai Municipal Code 14.22.010 – Land Use Table provides that a planned unit residential development is a conditional use for the Heavy Industrial zoning district. The proposed street network is anticipated to be sufficient to accommodate the traffic generated from 60 residential units in Phase A. In addition, a conditional use permit for a PUD must also meet the conditions cited in 14.20.170 Planned Unit Residential Development. b) Planned Unit Residential Development shall be subject to the following standards: (1) The proposed development shall meet the applicable conditions specified in KMC 14.20.150. Page 98 Resolution No. PZ2021-10 Page 2 of 6 Staff Response: The planned unit residential development and the associated 60 dwelling units meet the intent of KMC14.20.150, given compliance with the staff recommended specific conditions set forth below. (2) A detailed development plan shall be submitted to the Commission including a site plan drawn to scale. The site plan shall include, but not be limited to, the topography and drainage of the proposed site, the location of all existing and proposed structures, designated areas of common open space, internal and external circulation patterns, and location of the required parking spaces. A general floor plan of the principal buildings, together with any requested information, shall also be submitted to the Commission. A development schedule shall also be submitted for the purpose of coordinating the development and open space components of the Planned Unit Residential Development. Staff Response: A detailed development plan has been submitted by the applicant and includes exhibits for a site plan, utilities, parking, phasing, development areas, open space plans, and general floor plans. (3) The minimum parcel size allowed for a Planned Unit Residential Development shall be two and one-half (2.5) acres, inclusive of any dedicated right-of-way or public use easement which may exist within the boundaries of the site. Staff Response: This application meets this standard with an approximately 13 acre project site for Phase A. (4) The maximum number of dwelling units per acre allowable within the gross area of a Planned Unit Residential Development shall be as follows: Zoning District (Gross Area) Dwelling Units/Acre Rural Residential Six (6) Suburban Residential Subject to Commission Determination Urban Residential Subject to Commission Determination Staff Response: The Heavy Industrial zoning district is not specified in this standard’s table, therefore, the dwelling units per acre are subject to Commission determination. Staff considers this application meeting this standard with a 4.59 dwelling units/acre, less than the 6 dwelling units per acre of the low-density Rural Residential zoning district, a zoning district that generally does not have as much intensity of use as the Heavy Industrial district. (5) The allowable land use activities shall include the following: Page 99 Resolution No. PZ2021-10 Page 3 of 6 (A) Residential uses including single-family, duplex, multiplex, and townhouse dwelling units; (B) Any principal, secondary, or conditional uses permitted within the zoning district in which the Planning Unit Residential Development is to be established. Staff Response: This standard is met with the inclusion of single-family, duplex, multiplex, and townhouse dwelling units. (6) The building coverage within the Planned Unit Residential Development shall not exceed thirty percent (30%) of the site area in the RR and RS zones or forty percent (40%) of the site if located in the RU zone. Staff Response: Phase A lot coverage is approximately 10% of the 13.05 acre project site, therefore, this standard is met as substantially lower than 30% lot coverage. (7) The following design standards shall govern the Planned Unit Residential Development: (A) The development requirements of the specific zoning district, except as otherwise allowed, shall apply to all portions of the development; Staff Response: Prior to issuance of a Building Permit, conditions listed under 14.20.160 Townhouses must be reviewed and approved by the Planning Director. Adjustments to criteria regarding lot width, lot size, and setbacks will be considered due to the nature of the project, including the Condominium approach in lieu of fee simple lots. This condition of approval is noted below. (B) All areas not devoted to building or associated parking areas shall be left in its natural state, appropriately landscaped, utilized for an active or passive recreation area, or developed for a purpose specified in a submitted site development plan; Staff Response: Exhibits have been provided demonstrating the reserved usable open space, which includes a dock, promenade, plaza, and natural spaces. A detailed landscape/site plan is required as a condition of approval as noted below. (C) A minimum of thirty percent (30%) of the site shall be reserved as usable open space. Any portion of this open space may be reserved in common for the benefit of the residents within the Planned Unit Residential Development. Staff Response: Approximately 34% of the project site is reserved as usable open space. (D) Residential and nonresidential uses within the Planned Unit Residential Development shall be separated by a buffer strip, landscaped area, fence, or other manner deemed appropriate by the Commission. Staff Response: This application does not have any non-residential uses. (E) Any use developed along the perimeter of the Planned Unit Residential Development shall be consistent with principal uses allowed in the abutting zoning districts. Page 100 Resolution No. PZ2021-10 Page 4 of 6 Staff Response: Neighboring parcels are also zoned heavy industrial, and the residential use of the PUD is considered compatible with the lodging and event uses on the adjacent property to the south. This application does not have development planned for the northern perimeter of the subject parcel. (8) The developer or subdivider of any Planned Unit Residential Development including common open area, property, or amenities, shall have evidence that compliance with Uniform Common Interest Ownership Act, AS 34.08, has been made prior to the sale of any townhouse dwelling units. Staff Response: This standard has been added as a condition of approval of the Conditional Use Permit application as set forth below. 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 City leased land, North Pacific Seafoods, and open space to the north, Cannery Lodge to the south, the Kenai River to the east, and Hillcorp and residential to the west. Generally speaking, new residential construction of this nature, tends to increase neighborhood property values and should not negatively impair the value of adjacent properties. 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 Industrial, which may include warehousing, trucking, packaging, distribution, production, manufacturing, processing, marine-related industry and storage, and similar industrial activities. As noted in the Comprehensive Plan, the decline of the commercial fishing industry has affected operations of some fish processing plants, a past use of the subject property. Kenai Municipal Code 14.22.010 – Land Use Table provides that a Planned unit residential development is a conditional use for the Heavy Industrial zoning district, and a development option that can meet the current demands for multiple types of housing, along with outdoor amenities, in the City of Kenai. Below are additional goals/objectives from the Comprehensive Plan that support this PUD application:  Q-9 Encourage healthy lifestyles by providing opportunities and/or facilities for outdoor activities.  LU-14 Ensure a pattern of connecting streets and blocks that allows people to get around easily by foot, bicycle or car when approving new developments, both commercial and multifamily.  LU-10 Encourage creative subdivision design for residential areas. PR-4 Support projects that provide additional quality outdoor and indoor recreation. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Page 101 Resolution No. PZ2021-10 Page 5 of 6 Criteria Met. Existing public sewer and water utilities are located on Bridge Access Road and are approximately two miles away from the subject property, and therefore, are not a viable option for this project. The PUD Phase A will have access to water, sewer, waste removal, and road maintenance provided by the commercial condominium. Natural gas service will be provided by Enstar and electricity by Homer Electric Association. Kenai Municipal Code 14.20.250(b)(8) requires that there are two parking spaces available for each unit for a total of 120 parking spaces for the 60 units. The attached application meets this requirement by providing a garage and surface parking for at least two vehicles per each dwelling unit with an additional 20 spaces dedicated to transient, RV, and boat launch parking. While primarily provided by a private entity, staff believes the services and facilities are adequate to serve the development. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Criteria Met: A planned unit residential development of 60 dwelling units for Phase A will not be harmful to the public safety, health and welfare. Staff believes that 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. The subject property is transitioning away from a traditional heavy industrial zoning use, and therefore, industrial impacts on public safety, health and welfare do not have to be considered in evaluating this project. 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. 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 Landing, Inc. for the use of a planned unit residential development with 60 dwelling units on Tract A, Kenai Landing Cottages Subdivision located at 2101 Bowpicker Lane. 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 Planning Director. 3. Prior to issuance of a Building Permit, conditions listed under 14.20.170 Planned Unit Residential Development must be reviewed and approved by the Planning Director. 4. Prior to issuance of a Building Permit, conditions listed under 14.20.160 Townhouses must be reviewed and approved by the Planning Director. Page 102 Resolution No. PZ2021-10 Page 6 of 6 Adjustments to criteria regarding lot width, lot size, and setbacks will be considered due to the nature of the project, including the Condominium approach in lieu of fee simple lots. 5. Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. 6. Applicant will provide a copy of DEC compliance certification on the water/sewer system. 7. Approval and issuance of the Conditional Use Permit for the Planned Unit Residential Development results in expiration of PZ2020-35 granting a Conditional Use Permit for two, two unit townhouses and one three unit townhouse on the subject property. 8. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 9. The applicant will meet with City staff for on-site inspections when requested. 10. 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). 11. 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. 12. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. 13. The developer or subdivider of any Planned Unit Residential Development including common open area, property, or amenities, shall have evidence that compliance with Uniform Common Interest Ownership Act, AS 34.08, has been made prior to the sale of any townhouse dwelling units. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28th day of April, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, CMC, CITY CLERK Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Category Description Area (SF) Development Areas Cannery Row South E 17,295 Cannery Row South W 14,340 Cannery Row North 16,870 The Plaza 39,695 Highliner Row 62,285 Front Street Lofts 17,825 The Range 32,630 The Bluffs 146,685 Roads 50' Public Access Rd ROW 36911 Homeport Way 22716 Homeport Way (Loop)48829 Alleyway (S)4343 Alleyway (N)4333 Alleyway (Highliner)7054 Cannery St 6443 Front St.10641 Highliner St.9712 The Ways 18318 Sidewalk/Walkways Promenade and Pathways 14936 Plaza (20' Pedestrian Pathways)11710 Dock 9942 Highliner St 3707 Front St 2350 Parking Areas Homeport Way Transient Parking 3000 Cannery South “Unit 12”400 North Plaza 8725 PPA Parking 3200 Cannery Row - Front Street Loft Parking 3500 Highliner Row - Front Street Loft Parking 6550 RV Parking & Overflow Parking 13000 Bio Swales (Estimated) 1 2000 2 4400 3 600 4 2700 5 1800 6 440 Reserve Areas Water System Common Element (Future Phase) 17,144 Common Element Community Waste System (phase A)27,282 Common Element Waste System Reserve (Future phase) 27220 PUD Phases (Includes Roadways) Phase A 374945 Phase A Open Space Recreation 193430 Phase B 190850 Phase C 182400 Phase D 299500 Phase E 816600 1Page 118 Home Port PUD Total Acreage of Phase A 568,375 sq. ft. 13.05 Total Dwelling Units 60 Dwelling Units Per Acre 4.9 Total Phase One Open Space 193,430 sq.ft.34% Total Lot Coverage--By Dev. Area Square Footage Lot Coverage Ratio by DA Cannery Row South 31,635 9,695 31%Illiamna Model (20')Redoubt Model (24') Cannery Row North 16,870 To be Determined 863 sf 1,030 sf The Plaza 39,695 11,200 28% Front Street Lofts 17,825 11,040 62% Highliner Row 62,285 16,560 27% The Range 32,630 7,680 24% Total 200,940 56,175 28% Phase A Lot Coverage With Open Space 10% Phase A Lot Coverage Without Open Space 15% Parking Requirements Proposed Units Residential Parking met by private Parking met by private Location of Parking Required garages within Unit designated spaces Designated spaces (2 stalls per DU) Development Areas Cannery Row South 10 20 16 4 Unit Driveway off Alleyway Cannery Row North To Be Determined To Be Determined To Be Determined Unit Driveway off Alleyway Front Street Lofts 13 26 0 26 Cannery North Alleyway The Plaza 14 28 14 14 South Side Highliner Street Highliner Row 15 30 30 0 All Garages Within Units The Range 8 16 8 8 Unit Driveway off 50' Access Column Totals 60 120 68 52 Total Resident Parking Provided 120 Transient, RV and Boat Launch 20 Total All Shown 140 Building Footprints Page 119 UPUP HFDCB2451GA3JGARAGE BCONCRETEENTRY BTILET.O. DRIVEWAY TOBE 1" BELOWGARAGE SLAB, TYPSTAIRSCARPET4" CONC.STOOP,TYPGARAGE ACONCRETEV1LINE OFCONSTRUCTIONABOVEV1V1STUDY AVINYLENTRY AVINYLWHBLR6'-2"11'-7"12'-10"20'-0"50'-7 1/32"30'-7"2'-0"4'-6"8'-5"8'-6"16'-7"2'-0"7'-8"43'-2"38'-0"4'-6"7'-4 1/2"201'-8 21/32"6'-3"7'-1 1/2"3'-11 3/4"2'-11 1/2"12'-1 1/4"11 1/2"8'-5" 11 1/2" 3'-4"2'-10 1/2"4'-0 1/2"WHBLRSTAIRSCARPET9'-8"6'-5"CL6'-0"CL5'-6" CL 10'-0"CL7 3/4"CLBONUS ROOMTILEMECHANICAL ACONCRETEELEVCONCRETE2'-0"3'-8"V1V1V1V1V1V1V1V1V1V1V1V1V1V2V2V2V2V3V3V3V3V3V4V312'-0"12'-0"1231 Gambell Ste. 400 Anchorage, Alaska 99501 907-349-1425Revisions:Job No.:Checked By:Drawn By:Drawing Date:PB3/12/21EJD2118HOMEPORT CONDOMINIUMS Kenai, Alaska DUPLEX PRE-100% DRAWINGS GENERAL SHEET NOTES:1FIRST FLOOR PLANA2.1FIRST FLOOR PLAN LEGEND:FDFD(OPTIONAL)BENCHSTORAGECABINET5'-1" 2'-5 1/2"9'-4"9'-9"Page 120 UPDNDNUPHFDCB2451GA3JSIDE VENTEDFIREPLACE, TYPBEDROOM B1CARPETBATHROOM B1VINYLPANTRY BVINYLKITCHEN BVINYLLIVING ROOM BVINYLDINING ROOM BVINYLP.T. WOOD DECKAND RAILPOWDER AVINYLBEDROOM A1CARPETKITCHEN AVINYLDINING ROOM AVINYLLIVING ROOM AVINYLHALL ACARPETDECK A6'-2"11'-7"12'-10"20'-0"50'-7"30'-7"2'-0"4'-6"8'-5"8'-6"16'-7"2'-0"7'-8"42'-0"5'-1 1/4"6'-3"43'-2" 4'-7 1/2"3'-1"10"1'-6"6'-0 1/4"3'-8 3/4" 3'-7 1/2"3'-10 1/4"5'-1 3/4"9'-10 1/4"CL6'-5 1/2"5'-1 1/2"7'-4 1/2"CLCL4'-2"CL 6'-6 3/4"CL6'-9"6'-6"CLCL1'-0 3/4" CL 9'-8" 2'-5"3'-8" 5'-5"4'-6" 6"2'-6"2'-4"2'-5"6'-9"3'-11"4'-0"4'-9 3/4"5'-11 3/4"3'-7 1/2"1'-4 1/4"8'-6 3/4" CL 2'-11 1/2" CL 6'-6" CL EGRESSEGRESSV1 V1V1V1V1V1V1V1V1V1V1V1V3V3V2V3V3V3V3V3V3V32'-4"STAIRSVINYLSTAIRSCARPETSTAIRSVINYL1231 Gambell Ste. 400 Anchorage, Alaska 99501 907-349-1425Revisions:Job No.:Checked By:Drawn By:Drawing Date:PB3/12/21EJD2118HOMEPORT CONDOMINIUMS Kenai, Alaska DUPLEX PRE-100% DRAWINGS GENERAL SHEET NOTES:1SECOND FLOOR PLANA2.2SECOND FLOOR PLAN LEGEND:Page 121 WDDNDNW D HFDCB2451GA3JBEDROOM A2CARPETMASTERBATH AVINYLHALL ACARPETMASTERBEDROOM ACARPETBEDROOM B2CARPETBATHROOM B2VINYLHALL BCARPETLAUNDRY BVINYLMASTERBATH BVINYLMASTERBEDROOM BCARPETBATH A2VINYLLAUNDRY AVINYL6'-2"11'-7"12'-10"20'-0"50'-7"30'-7"2'-0"4'-6"8'-5"8'-6"16'-7"2'-0"7'-8"42'-0"5'-1 1/4"6'-3"43'-2"20'-0 1/4"4'-3 1/4"3'-8 1/4"2'-2 1/4"11'-3 3/4"2'-0" 9'-11 1/2"CL 2'-6 1/2"5'-10 1/2"CL6'-5"CL6'-9"CL6'-6"CL6'-6" CL 11" CL 5'-1 3/4"CL6'-5 1/2"CLCL 2'-6 1/2"EGRESSEGRESS 3 1/2"V1V1V1V1V1V1V1V1V1V1V1V3V3V1V1V1V11'-0 1/2"2'-9 3/4"5'-6 1/4"TYPTYPV3V3V31231 Gambell Ste. 400 Anchorage, Alaska 99501 907-349-1425Revisions:Job No.:Checked By:Drawn By:Drawing Date:PB3/12/21EJD2118HOMEPORT CONDOMINIUMS Kenai, Alaska DUPLEX PRE-100% DRAWINGS1THIRD FLOOR PLANA2.3THIRD FLOOR PLAN GENERAL SHEET NOTES:LEGEND:Page 122 HFDCB2451GA3J1231 Gambell Ste. 400 Anchorage, Alaska 99501 907-349-1425Revisions:Job No.:Checked By:Drawn By:Drawing Date:PB3/12/21EJD2118HOMEPORT CONDOMINIUMS Kenai, Alaska DUPLEX PRE-100% DRAWINGS1ROOF PLANA2.4ROOF PLAN GENERAL SHEET NOTES:LEGEND:Page 123 24513FIRST FLOOR40'-0"SECOND FLOOR50'-6"THIRD FLOOR61'-0"TOP PLATE70'-1 1/8"CONT RIDGE VENT,TYP1231 Gambell Ste. 400 Anchorage, Alaska 99501 907-349-1425Revisions:Job No.:Checked By:Drawn By:Drawing Date:PB3/12/21EJD2118HOMEPORT CONDOMINIUMS Kenai, Alaska DUPLEX PRE-100% DRAWINGS GENERAL SHEET NOTES:1SOUTH ELEVATIONA3.1SOUTH ELEVATIONPage 124 54321FIRST FLOOR40'-0"SECOND FLOOR50'-6"THIRD FLOOR61'-0"TOP PLATE70'-1 1/8"1231 Gambell Ste. 400 Anchorage, Alaska 99501 907-349-1425Revisions:Job No.:Checked By:Drawn By:Drawing Date:PB3/12/21EJD2118HOMEPORT CONDOMINIUMS Kenai, Alaska DUPLEX PRE-100% DRAWINGS GENERAL SHEET NOTES:1NORTH ELEVATIONA3.2NORTH ELEVATIONPage 125 JHGFDCBAFIRST FLOOR40'-0"SECOND FLOOR50'-6"THIRD FLOOR61'-0"TOP PLATE70'-1 1/8"1231 Gambell Ste. 400 Anchorage, Alaska 99501 907-349-1425Revisions:Job No.:Checked By:Drawn By:Drawing Date:PB3/12/21EJD2118HOMEPORT CONDOMINIUMS Kenai, Alaska DUPLEX PRE-100% DRAWINGS GENERAL SHEET NOTES:1EAST ELEVATIONA3.3EAST ELEVATIONPage 126 HGFDCBAJFIRST FLOOR40'-0"SECOND FLOOR50'-6"THIRD FLOOR61'-0"TOP PLATE70'-1 1/8"1231 Gambell Ste. 400 Anchorage, Alaska 99501 907-349-1425Revisions:Job No.:Checked By:Drawn By:Drawing Date:PB3/12/21EJD2118HOMEPORT CONDOMINIUMS Kenai, Alaska DUPLEX PRE-100% DRAWINGS GENERAL SHEET NOTES:1WEST ELEVATIONA3.4WEST ELEVATIONPage 127 UPUP HFDCB2451GA3JGARAGE BENTRY BSTAIRSGARAGE ASTUDY AENTRY AWHBLRWHBLRSTAIRSBONUS ROOMMECHANICAL AELEV1231 Gambell Ste. 400 Anchorage, Alaska 99501 907-349-1425Revisions:Job No.:Checked By:Drawn By:Drawing Date:PB3/12/21EJD2118LANDS END Kenai, Alaska HOMEPORT CONDOMINIUMS - DUPLEX PRE-100% DRAWINGS GENERAL SHEET NOTES:1FIRST FLOOR MECH., LIGHTING, & ELEC. PLANME2.1FIRST FLOOR MECHANICAL, LIGHTING, & ELECTRICAL PLAN(OPTIONAL)FDAAAAAAAAAAGASFMOFMOGFIFDWMOGFIWMOWMOWMOWMOWMOGFIPANEL3 333G3GFIGFIMPGPGASCSCWMOWMOGFIFMOAA3GGPMPGAGAGAPANEL3GASAAAAAAAA3DGFIGFISCSCWMOWMOWMOWMOSC33333333 MECH. & ELEC. LEGEND:ASC3GFIGGAGPMPPANELFMOWMOBFFMTUCVVTWHBLRFDGASBDUWPage 128 UPDNDNUPHFDCB2451GA3JBEDROOM B1BATHROOM B1PANTRY BKITCHEN BLIVING ROOM BDINING ROOM BPOWDER ABEDROOM A1KITCHEN ALIVING ROOM AHALL ADECK ASTAIRSSTAIRSSTAIRS1231 Gambell Ste. 400 Anchorage, Alaska 99501 907-349-1425Revisions:Job No.:Checked By:Drawn By:Drawing Date:PB3/12/21EJD2118HOMEPORT CONDOMINIUMS Kenai, Alaska DUPLEX PRE-100% DRAWINGS GENERAL SHEET NOTES:1SECOND FLOOR MECH., LIGHTING, & ELEC. PLANME2.2SECOND FLOOR MECHANICAL, LIGHTING, & ELECTRICAL PLAN MECH. & ELEC. LEGEND:ASC3GFIGGAGPMPPANELFMOWMOBFFMTUCVVTWHBLRFDGASBDGFIFMOFMOGFIDDDGAVT UW3SCBBBBBDBFAAPPTTTD GADUCUCFMSC333DVTVBVTBAAGFIBFVAAATD AGAUCUCFMGFIDUCUCASC33SCSCBBDDGAVTTPPPDWMODELEV(OPTIONAL)Page 129 WDDNDNW D HFDCB2451GA3JBEDROOM A2MASTERBATH AHALL AMASTERBEDROOM ABEDROOM B2BATHROOM B2HALL BLAUNDRY BMASTERBATH BMASTERBEDROOM BBATH A2LAUNDRY A1231 Gambell Ste. 400 Anchorage, Alaska 99501 907-349-1425Revisions:Job No.:Checked By:Drawn By:Drawing Date:PB3/12/21EJD2118HOMEPORT CONDOMINIUMS Kenai, Alaska DUPLEX PRE-100% DRAWINGS GENERAL SHEET NOTES:1THIRD FLOOR MECH., LIGHTING, & ELEC. PLANME2.3THIRD FLOOR MECHANICAL, LIGHTING, & ELECTRICAL PLAN MECH. & ELEC. LEGEND:ASC3GFIGGAGPMPPANELFMOWMOBFFMTUCVVTWHBLRFDGASBDUWFMOFMOGFI3SC3BB3VT3GFIBFVGFIVBFABBBBBBVTD3 DGFIBFVVTBBBBB33ABGFIVBFBFSC3SC3BBB3ELEV(OPTIONAL)VTGFIVBFBFABBPage 130 Page 131 Page 132 Page 133 Page 134 Department of Environmental Conservation DIVISION OF WATER Wastewater Discharge Authorization Program 610 University Avenue Fairbanks, Alaska 99709-3643 Main: 907.451-2100 Toll free: 800.510.2332 Fax: 907.451.2187 May 27, 2015 Mr. Jon Faulkner Kenai Landing Inc. 4786 Homer Spit Road Homer, Alaska 99603 Re: Kenai Landing Commercial Condominium Association Wastewater Treatment Facility (WWTF) Authorization Dear Mr. Faulkner: The Alaska Department of Environmental Conservation has completed its review of the Notice of Intent for Kenai Landing Commercial Condominium Association WWTF and is issuing authorization AKG572094. A Discharge Monitoring Report form will be sent to you in the near future for use in reporting your effluent monitoring results. If you have any technical questions concerning this authorization, please contact Brian Doyle at brian.doyle@alaska.gov or (907)465-5366. Sincerely, Brian Doyle Environmental Program Manager Wastewater Discharge Authorization Program Enclosures: Authorization: AKG572094 Page 135 PLANNING & ZONING COMMISSION Resolution PZ2021-10 –Conditional Use Permit –Planned Unit Residential Development 2101 Bowpicker Lane 1 Page 136 SUMMARY 2 Applicant:Kenai Landing, Inc. 2101 Bowpicker Lane Kenai, AK 99611 Legal Description: Tract A, Kenai Landing Cottages Subdivision Property Address: 2101 Bowpicker Lane KPB Parcel No: 04910123 Lot Size:49 acres (2,134,440 square feet) Existing Zoning: Heavy Industrial (IH) Current Land Use: Lodging and Event Center Land Use Plan: Heavy Industrial Page 137 DRAFT SITE PLAN Proposal for a planned unit residential development (PUD) for 60 dwelling units in Phase A. Phase A includes six development areas within an approximately 13 acre project site. 3 Page 138 DRAFT SITE/MASTER PLAN 4 Page 139 DRAFT ROAD NETWORK 5 Page 140 DRAFT UTILITY PLAN 6 Page 141 FLOOR PLANS/ELEVATIONS 7 Page 142 FLOOR PLANS/ELEVATIONS 8 Page 143 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: A conditional use permit for a PUD must also meet the conditions cited in 14.20.170 Planned Unit Residential Development. This criteria is reviewed under Criteria #1 of the Conditional Use Permit in this application. 9 Page 144 REVIEW CRITERIA Criteria #1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district (includes conditions cited in 14.20.170 Planned Unit Residential Development). 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. 10 Page 145 RECOMMENDATIONS City staff find that the applicant meets the criteria for issuance of a Conditional Use Permit as set forth in Kenai Municipal Code 14.20.150 and Kenai Municipal Code 14.20.170 Planned unit residential development, 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 14.20.170 Planned Unit Residential Development must be reviewed and approved by the Planning Director. 4.Prior to issuance of a Building Permit, conditions listed under 14.20.160 Townhouses must be reviewed and approved by the Planning Director. Adjustments to criteria regarding lot width, lot size, and setbacks will be considered due to the nature of the project, including the Condominium approach in lieu of fee simple lots.11 Page 146 RECOMMENDATIONS CONTINUED 5.Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. 6.Applicant will provide a copy of DEC compliance certification on the water/sewer system. 7.Approval and issuance of the Conditional Use Permit for the Planned Unit Residential Development results in expiration of PZ2020-35 granting a Conditional Use Permit for two, two unit townhouses and one three unit townhouse on the subject property. 8.A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 9.The applicant will meet with City staff for on-site inspections when requested. 10.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). 12 Page 147 RECOMMENDATIONS CONTINUED 11.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. 12.Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. 13.The developer or subdivider of any Planned Unit Residential Development including common open area, property, or amenities, shall have evidence that compliance with Uniform Common Interest Ownership Act, AS 34.08, has been made prior to the sale of any townhouse dwelling units. 13 Page 148 ATTACHMENTS A. Resolution B. Application C. Site Plan/Exhibits D. Elevation/Floor Plan Drawings E. DEC Documentation 14 Page 149 A. RESOLUTION 15 Page 150 A. RESOLUTION CONTINUED 16 Page 151 A. RESOLUTION CONTINUED 17 Page 152 B. APPLICATION 18 Page 153 B. APPLICATION CONTINUED 19 Page 154 B. APPLICATION CONTINUED 20 Page 155 B. APPLICATION CONTINUED 21 Page 156 B. APPLICATION CONTINUED 22 Page 157 C. SITE PLAN/EXHIBITS 23 Page 158 C. SITE PLAN/EXHIBITS 24 Page 159 C. SITE PLAN/EXHIBITS 25 Page 160 C. SITE PLAN/EXHIBITS 26 Page 161 C. SITE PLAN/EXHIBITS 27 Page 162 C. SITE PLAN CALCULATIONS 28 Page 163 D. FLOOR PLANS/ELEVATIONS 29 Page 164 D. FLOOR PLANS/ELEVATIONS 30 Page 165 E. DEC DOCUMENTATION 31 Page 166 E. DEC DOCUMENTATION 32 Page 167 File Attachments for Item: 1. City Council Page 168 Kenai City Council - Regular Meeting Page 1 of 4 April 21, 2021 Kenai City Council - Regular Meeting April 21, 2021 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) 1. Dr. Keith Hamilton - Update on Alaska Christian College's Program, Goals, and Future Hopes C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3202-2021 - Amending Kenai Municipal Code Sections 1.15.120, Rules Of Order, and 1.90.050, Proceedings, to Adopt the Most Current Edition of Robert’s Rules of Order Newly Revised as the Adopted Rules of Parliamentary Procedure for the City Council and for City Boards, Commissions, and Committees. (City Clerk) 2. ENACTED UNANIMOUSLY. Ordinance No. 3203-2021 - Accepting and Appropriating a Volunteer Fire Assistance 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) 3. ENACTED. Ordinance No. 3208-2021 - Accepting and Appropriating a Grant from the State of Alaska – Department of Health and Social Services – Division of Public Health – COVID-19 Emergency Operations Center, for Community Funding to Support Efforts to Page 169 Kenai City Council - Regular Meeting Page 2 of 4 April 21, 2021 Increase Access to Testing and Vaccinations and Decrease Health Inequities for All Alaskans. (Administration) 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Adoption (Requires Five Affirmative Votes) 4. ADOPTED UNANIMOUSLY. Resolution No. 2021-24 - Authorizing the City Manager to Enter an Airline Operating Agreement and Terminal Area Lease with Hageland Aviation, D/B/A Rambler Air, LLC. (Administration) 5. ADOPTED UNANIMOUSLY. Resolution No. 2021-25 - Awarding a Contract for External Audit Services to BDO USA, LLP. (Administration) 6. ADOPTED UNANIMOUSLY. Resolution No. 2021-26 - Allocating Previously Appropriated Funds For The Wildwood Drive Rehabilitation Project. (Administration) 7. ADOPTED UNANIMOUSLY. Resolution No. 2021-27 - Authorizing a Budget Transfer in the General Fund, Fire Department. (Administration) E. MINUTES 1. ADOPTED UNANIMOUSLY. *Regular Meeting of April 7, 2021. (City Clerk) F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration) 2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Non-Objection to the Renewal of the Liquor License for Don Jose's. (City Clerk) 3. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Special Use Permit to State of Alaska Department of Natural Resources, Division of Forestry for Aircraft Loading and Parking. (Administration) 4. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Special Use Permit to Pacific Star Seafoods for Aircraft Loading and Off-Loading. (Administration) 5. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Special Use Permit to Everts Air Fuel for Aircraft Parking. (Administration) 6. APPROVED BY THE CONSENT AGENDA. *Act ion/Approval - Special Use Permit to United Parcel Service Company, Inc. for Aircraft Loading and Parking. (Administration) 7. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Special Use Permit to Empire Airlines, Inc. for Aircraft Parking. (Administration) 8. APPROVED BY THE CONSENT AGENDA. *Action/Approval - First Amendment to Janitorial Agreement to Reborn Again Janitorial. (Administration) Page 170 Kenai City Council - Regular Meeting Page 3 of 4 April 21, 2021 9. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 5/5/2021. *Ordinance No. 3205-2021 - Authorizing a Budget Transfer in the General Fund, Fire and Non-Departmental Departments and Increasing Estimated Revenues and Appropriations in the Public Safety Improvement Capital Project Fund to Provide Supplemental Funding to the Fire Station #2 Station Alerting Project and the Dispatch Base Station Radio Replacement Project. (Administration) 10. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 5/5/2021. *Ordinance No. 3206-2021 - Accepting and Appropriating Private Donations to the Kenai Animal Shelter for the Care of Animals. (Administration) 11. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 5/5/2021. *Ordinance No. 3207-2021 - Increasing Estimated Revenues and Appropriations in the General Fund – Police Department and Accepting Funds from Both the Department of Justice and Alaska Municipal League Joint Insurance Association for the Purchase of Ballistic Vests. (Administration) 12. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 5/5/2021. *Ordinance No. 3209-2021 - Accepting and Appropriating a Grant from Derek Kaufman Fund through the Alaska Community Foundation for the Purchase of Library Materials. (Administration) 13. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 5/5/2021. *Ordinance No. 3210-2021 - Amending Kenai Municipal Code Chapter 23.55 - Pay Plan, Chapter 23.25.020-Pay Plan and Adoption, and 23.35.030 – Pay Plan Amendment to Amend the Salary Schedule, Provide for a Temporary Employee Salary Schedule, and Require that Changes to the Salary Schedule be Proposed by the City Manager and be Effective After Approval of the City Council. (Administration) 14. APPROVED UNANIMOUSLY. Action/Approval - Purchase Orders Over $15,000. (Administration) 15. Discussion - COVID-19 Response. (Administration) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR Page 171 Kenai City Council - Regular Meeting Page 4 of 4 April 21, 2021 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. Updated Kenai Municipal Airport Land Brochure 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/88281846135 Meeting ID: 882 8184 6135 Passcode: 501586 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 882 8184 6135 Passcode: 501586 Page 172 File Attachments for Item: 2. Kenai Peninsula Borough Planning Page 173 144 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 April 26, 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 Request *2. Planning Commission Resolutions *3. Plats Granted Administrative Approval *4. Plats Granted Final Approval (20.10.040) *5. Plat Amendment Request *6. Commissioner Excused Absences *7. Minutes a. April 12, 2021 Planning Commission Meeting D. OLD BUSINESS - None Page 174 Planning Commission Tentative Agenda April 26, 2021 Page 2 E. NEW BUSINESS 1. Right-of-Way Vacation Vacate a portion of Hough Rd., a 60’ right-of-way including adjoining utility easements, as dedicated on Stream Hill Park Unit 1, Plat HM 2006-54 & Christensen Tracts No. Plat HM 2003-90; KPB File 2021-046V; City of Homer 2. Conditional Land Use Permit – Anadromous Waters Protection District For an erosion protection project on the north bank of the Kenai River at MP 57 of the Sterling Highway within the State of Alaska Department of Transportation (ADOT) highway easement; KPB Parcel Number: 025-180-03; Cooper Landing Area 3. Conditional Land Use Permit – Anadromous Waters Protection District For an erosion protection project along the road embankment at MP 58 of the Sterling Highway within the State of Alaska Department of Transportation (ADOT) highway easement; KPB Parcel Number: 025-180-03; Cooper Landing Area 4. Ordinance 2021-__: An Ordinance amending KPB 21.06 Floodplain Management to adopt flood depths for three neighborhoods in the Seward Mapped Flood Data Area and to incorporate the Seward Mapped Flood Data Area into the Minimum National Flood Insurance Standards. 5. PC Resolution 2021-11: Recommending adopting amendments to “Comprehensive Plan: Moose Pass, February 1993”, an element of the Kenai Peninsula Borough Comprehensive Plan. 6. PC Resolution 2021-12: Recommending adoption of the City of Soldotna All Hazard Mitigation Plan 2019 Update as a part of the Kenai Peninsula Borough Hazard Mitigation Plan 7. PC Resolution 2021-13: A resolution establishing the appeal procedure for appeal of the Planning Director’s Decision on reconsideration to uphold a prior decision approving a nonconforming use application within C & H Estates Local Option Zone District F. PLAT COMMITTEE REPORT - Plat Committee will review 7 Plats G. OTHER H. 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) I. DIRECTOR'S COMMENTS J. COMMISSIONER COMMENTS K. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, May 10, 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. Page 175 Planning Commission Tentative Agenda April 26, 2021 Page 3 ADVISORY PLANNING COMMISSION MEETINGS ADVISORY COMMISSION MEETING LOCATION DATE TIME Anchor Point Zoom June 10, 2021 7:00 PM Cooper Landing Zoom June 9, 2021 6:00 PM Funny River Funny River Community Center June 9, 2021 7:00 PM Kalifornsky Zoom June 9, 2021 6:00 PM Kachemak Bay Zoom June 10, 2021 7:00 PM Moose Pass Inactive TBD N/A Hope / Sunrise Zoom June 9, 2021 7:00 PM 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. Page 176 144 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 Paulette Bokenko-Carluccio – City of Seldovia ~ Robert Ruffner – Kasilof/Clam Gulch Pamela Gillham – Ridge Way ~ Cindy Ecklund – City of Seward ~ Franco Venuti, Alternate – City of Homer Plat Committee Tentative Agenda April 26, 2021 6:00 p.m. The hearing procedure for the Plat Committee public hearings is 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 1. Election of Officers 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 Plat Committee 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. Agenda *2. Member / Alternate Excused Absences *3. Minutes a. Plat Committee April 12, 2021 Meeting Minutes D. OLD BUSINESS - None E. NEW BUSINESS 1. Anchor River S J Chapman Jeppesen 2021 Replat KPB File 2021-040; {Geovera, LLC / Kyllonen] Location: Sterling Hwy. & Chapman St. Anchor Point Area; Anchor Point APC Page 177 Plat Committee Tentative Agenda April 26, 2021 Page 2 2. West Hill Subdivision Harness Addition KPB File 2021-021; [Fineline Surveys, Inc. / Palser-Harness, LLC] Location: W est Hill Road City of Homer 3. Fourth of July Creek Subdivision Seward Marine Industrial Center Coastal Lots Replat KPB File 2021-039; [Enterprise Engineering, Inc. / City of Seward] Location: Mustang Ave., Nash Rd., Morris Ave. & Sorrel Rd. City of Seward 4. Marimac Subdivision Eischens Addition KPB File 2021-044; [Enterprise Engineering, Inc. / Eischens] Location: East End Rd. & Tremain Ave. Fitz Creek Area; Kachemak Bay APC 5. Cliff House Acres Subdivision KPB File 2021-041; [Edge Survey & Design, LLC / Dunn] Location: Approximately PM 48.5 Sterling Hwy. Cooper Landing Area; Cooper Land APC 6. McCorison Lindholm Subdivision KPB File 2021-042; [Edge Survey & Design, LLC / McCorison] Location: Broady Rd. & W illy Ave. Ninilchik Area 7. River Acres Subdivision KPB File 2021-004R1; [Edge Survey & Design, LLC / Swanson] Location: Kasilof River Access Coho Area F. PUBLIC COMMENT G. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING The next regularly scheduled Planning Commission meeting will be held Monday, May 10, 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. 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 Written comments will be accepted until 1:00 p.m. on the last business day (usually a Friday) before the day of the Plat Committee meeting in which the item is being heard. If voluminous information and materials are submitted staff may request seven copies be submitted. Maps, graphics, photographs, and typewritten information that is submitted at the meeting must be limited to 10 pages. Seven copies should be given to the recording secretary to provide the information to each Committee member. If using large format visual aids (i.e. poster, large-scale maps, etc.) please provide a small copy (8 ½ x 11) or digital file for the recording secretary. Audio, videos, and movies are not allowed as testimony. If testimony is given by reading a prepared statement, please provide a copy of that statement to the recording secretary. 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. Page 178 File Attachments for Item: 1. Planning and Zoning Resolutions - First Quarter 2021 Page 179 Page 180 File Attachments for Item: 2. Building Permits - First Quarter 2021 Page 181 Page 182 Page 183 File Attachments for Item: 3. Code Enforcement - First Quarter 2021 Page 184 MEMORANDUM TO: Planning & Zoning Commission THROUGH: Ryan Foster, Planning Director FROM: Wilma Anderson, Planning Assistant DATE: April 22, 2021 SUBJECT: Code Enforcement Action 2021 FIRST QUARTER REPORT Planning & Zoning currently has four active code cases: Junk Vehicles 2 Junk Vehicles and Debris & Junk 1 Debris & Junk 0 Garbage 0 Building Code Violation 0 Miscellaneous Code Violation 1 Cases transferred to Legal Department/Civil Penalties being assessed. 0 TOTALS: 4 Code Enforcement Action during the months of January – March , 2021: Closed Cases 1 Opened Cases 1 Page 185 Welcome to Home Port A Unique Alaskan Fishing Town. The Heart of a Small Fishing Town Where big dreams live, history looms large, and great stories abound.. A Quiet Place. Secluded On the Water Surrounded by Nature •Bordered by the Kenai River Wildlife Refuge. •Yet, six minutes from downtown Kenai. •Kenai River out the front door; South Beach out the back door. •Sunrise over the Refuge and sunsets over the Inlet! •Private launch ramp access to Kenai River. •Resident-owned dock and utility network. •Nature trails and abundant wildlife. •Adjacent to Cannery Lodge. Home Port Phase One: Available Now for 2021 Season •Two Waterfront Townhomes •3,024 sf, 4 bedrooms •2,520 sf, 3 bedrooms •Three Riverview Townhomes •Augustine Model •Illiamna Model •Denali Model Six Distinct Development Areas Each With a Unique Sense of Place Cannery Row South Rooted in history, with a pride in the past Front Street Lofts: A Shared Waterfront Experience Ageless Attractive Practical A waterfront promenade out one door, a pedestrian friendly street front out the other. A town that celebrates simplicity and convenience but welcomes diversity in living space. The Front Street Lofts Where residency and occupations share a shingle Just Up The Street: Highliner Row: Where the Past is Always Present The Plaza A place where people connect… With the water and with their neighbors. The Meadows Limited Opportunities to Nest With Nature The Bluffs Bring Nature Indoors The Range A Change of Pace and Place