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HomeMy WebLinkAbout2022-04-27 Planning & Zoning PacketKenai Planning & Zoning Commission – Regular Meeting Page 1 of 2 April 27, 2022 Kenai Planning & Zoning Commission - Regular Meeting April 27, 2022 ꟷ 7:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 2** www.kenai.city Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 5. *Excused Absences *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the 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. *Regular Meeting of April 13, 2022 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 F. PUBLIC HEARINGS 1. Resolution PZ2022-10 - Application for a Conditional Use Permit for Cabin Rentals, for the property described as LOT 11 BLK 1 CENTRAL HEIGHTS SUB 1ST ADDN, located at 321 Portlock St, Kenai, Alaska 99611. The application was submitted by Richard W. Main, 207 Walker Lane, Kenai AK 99611. G. UNFINISHED BUSINESS H. NEW BUSINESS Page 1 Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 April 27, 2022 I. PENDING ITEMS J. REPORTS 1. City Council 2. Kenai Peninsula Borough Planning 3. City Administration K. ADDITIONAL PUBLIC COMMENT (Public comment limited to five (5) minutes per speaker) 1. May 11, 2022 L. INFORMATIONAL ITEMS M. NEXT MEETING ATTENDANCE NOTIFICATION N. COMMISSION COMMENTS AND QUESTIONS O. ADJOURNMENT The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting https://us02web.zoom.us/j/86497450911 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 864 9745 0911 Passcode: 349008 Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING APRIL 13, 2022 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING MINUTES A. CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of the Allegiance. 2. Roll Call Commissioners present: J. Twait, A. Douthit, G. Woodard, J. Halstead, V. Askin, D. Fikes, G. Greenberg Commissioners absent: Staff/Council Liaison present: Planning Director R. Foster, Administrative Assistant K. Rector, Deputy Clerk M. Thibodeau, Council Liaison T. Winger A quorum was present. 3. Agenda Approval MOTION: Commissioner Halstead MOVED to approve the agenda. Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Halstead MOVED to approve the consent agenda. Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 5. *Excused absences – None B. APPROVAL OF MINUTES Page 3 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 10 April 13, 2022 1. *Regular Meeting of March 23, 2022 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENT – None. D. UNSCHEDULED PUBLIC COMMENT – None. E. CONSIDERATION OF PLATS F. PUBLIC HEARINGS 1. Resolution PZ2022-08 - Application for a Conditional Use Permit for Cabin Rentals for the property described as Lot 3, Angler Acres Subdivision Part 4, located at 1025 Angler Drive, Kenai, Alaska 99611. The application was submitted by Thomas Hoesing, 1865 Fredericksen St, Fremont NE 68025 MOTION: Vice Chair Douthit MOVED to approve Resolution PZ2022-08. Vice Chair Woodard SECONDED the motion. Planning Director Foster presented his staff report with information provided in the packet explaining that the applicant wishes to obtain conditional use permits (CUP) for cabin rentals (PZ2022-08) and for a guide service (PZ2022-09). The criteria for conditional use permits was reviewed; it was noted the application met the criteria and City staff recommends approval of both CUPs, 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 starting any business operations, a landscape/site plan must be reviewed and approved by the Planning Director. 3. Prior to beginning any construction or renovations, a building permit must be issued by the Building Official for the City of Kenai. 4. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 5. The applicant will meet with City staff for on-site inspections when requested. 6. 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(l)(5). 7. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 8. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. 9. Quiet Hours are 10pm to 6am. Applicant Tom Hoesing explained that he believes his application meets the criteria in Kenai Municipal Code for CUPs, and that he understands the conditions of the CUP and does not expect a conflict with his business operations. He clarified that he intends to use Airbnb and VRBO for bookings of seasonal lodging. Page 4 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 10 April 13, 2022 Chair Twait opened for public hearing. Jim Richardson stated his opposition to this CUP as written, noting that he had provided written testimony that included recommended stipulations the commission could add. He explained that in recent years he had experienced a number of problems from local CUP operators including increased traffic from trucks and golf carts, increased noise level, and lodgers trespassing on his property. He discussed suggested recommendations including specifying the number of cabins and guides, improving the communication between City staff and the Planning & Zoning Commission, and specifying the number of noise complaints that can be made against a property before permit revocation. Jerry Huf stated his opposition to this CUP, noting that he had provided written testimony that was included in the laydown. He explained that he wants to protect the neighborhood from people who don’t live there year-round and operate businesses in a way that degrades property values. He shared his experiences living in a neighborhood with several CUP businesses, noting multiple issues including decreased property values, noise and traffic. He noted problems with another CUP business in the neighborhood, and said that Mr. Hoesing’s business is another branch of this same business. He expressed frustration that he felt his concerns had not been heard when they were previously brought to the City. Greg Anderson stated his opposition partially based on the City’s inability to enforce the conditions of a CUP. He stated that there are no consequences for a CUP owner when they violate their conditions, and he is concerned about businesses expanding their scope beyond what they are permitted. He noted that he had heard that a different CUP business will be running Mr. Hoesing’s property, and that the expansion of businesses in the neighborhood had changed the dynamic and worsened conditions for residents. He expressed frustration about the lack of response to violations from the City. Mack Padgett noted that he has seen a deterioration in the quality of life in the Beaver Creek neighborhood with the increase of high volume operators. He encouraged the commission to consider Beaver Creek as a residential neighborhood, and stated that his neighborhood has to fight CUPs at inception because they are difficult to revoke. Jason Foster encouraged the commission to research complaints against this business, noting that he is not the kind of operator described in previous testimony. He said that this is a nice business, that the City has been enforcing violations, and the complaints being voiced are one- sided. Tom Hoesing answered questions from the commission, explaining that prior to the purchase of this property he had been told by the former City Planner that his business would not require a CUP. He clarified that the first notice issued by Director Foster had been sent to his mailing address in Nebraska, and that he had been advertising on Airbnb for about a year and a half. There being no one else wishing to be heard, the public hearing was closed. Director Foster clarified the changes made to the Kenai Municipal Code on conditional use permits, which included informing the Planning & Zoning Commission of violations. He explained how enforcement in the Planning Department is driven by complaints, which are investigated and if verified with evidence a code violation letter will be issued to the CUP owner. He emphasized that code provides CUP owners an opportunity to come up with a remedy for their violation, and Page 5 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 10 April 13, 2022 if remediation does not occur the CUP may come back before the commission for revocation. He noted that the conditions provided in the staff report are recommendations that the commission has the power to make changes to, and that conditions help in the management and enforcement of CUPs. The commission discussed how the changes to the CUP code are less than a year old and the results have yet to be seen in a summer season. Clarification was provided that police records for complaint calls on this property had not been requested. Commissioner Halstead stated that he believed that the City does not currently have the resources to enforce the CUP requirements. He stated that Criteria #2 “KMC 14.20.150(e)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired” has not been met, as evidenced by the neighbors who provided testimony that the non-economic value of the area has been affected; Criteria #3 “KMC 14.20.150(e)(3) The proposed use is in harmony with the Comprehensive Plan” has not been met because this CUP will create an unacceptable neighborhood atmosphere that people will not want to be a part of; and that it also fails to meet Criteria #5 “KMC 14.150(e)(5) The proposed use will not be harmful to the public safety, health or welfare.” He stated that he opposes this resolution. Commissioner Woodard stated her opposition, noting that she agreed with the comments of Commissioner Halstead. Vice Chair Douthit discussed how adding more conditions could provide further means for enforcement. He stated he is in favor of the resolution but believes there is room to provide the ability for more enforcement. The commission deliberated whether additional conditions they add could effectively be enforced with the City’s resources. Commissioner Fikes stated that based on the testimony heard tonight and at previous meetings about CUP use in this neighborhood, the applicant’s history of operating his business without a CUP and his plans to not be present at the location, and the City’s lack of an enforcement mechanism, her findings are that she does not believe that the harmony of the neighborhood will be kept up and that the value of the neighborhood will be diminished. She noted that there have been some changes in the CUP code but not enough for her to feel confident and to be in favor of this resolution, and for these reasons she would oppose it. Director Foster clarified that he had included his recommendation for Condition #9 “Quiet Hours are 10pm to 6am” based on recent commission decisions on cabin rentals and dormitories. The commission considered conditions that had been recommended from written public testimony, including making quiet hours consistent with other CUP businesses in the area, requiring a local contact that is responsible for ensuring conditions are met, and limiting the number of guests or beds on the property. It was noted that trespassing issues should be handled by law enforcement. Clarification was provided on the revocation process for CUPs as provided in the City code. Director Foster noted that once a complaint is received, it must be investigated and verified prior to citing a code violation; he reiterated that once the CUP owner receives a code violation letter, the burden is put on the permit holder to determine and notify staff of how they propose to resolve Page 6 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 5 of 10 April 13, 2022 the violation within a reasonable timeframe. He explained that if no remedy has been made within a reasonable time, Director Foster could recommend that the permit come before the Planning & Zoning Commission for a hearing to consider revocation. The commission considered the timeframe required to observe the effects of enforcement efforts, which can potentially span an entire season of a business’s operations; it was suggested that this process be expedited to avoid this issue. Concern was expressed about placing limits on the number of guests, and it was noted that there is not an effective mechanism for enforcing this. Chair Twait noted that the application is similar to previous ones approved by the commission, but since then CUP code had been changed to include that a neighborhood’s noneconomic value not be significantly impaired under Criteria #2, a point which is relevant to this application; he noted that the upcoming summer season will show whether the new code changes have the desired effect for this neighborhood. He stated he opposed the resolution with the idea that the effect of the changes be observed for the upcoming summer season, and explained that the public testimony shows that the quality of life in this neighborhood has diminished which speaks to its noneconomic value. He encouraged the applicant to re-apply for the CUP after this summer season. It was noted that not issuing a permit in anticipation of a violation that hasn’t occurred yet because of the presumption that the City can’t enforce it sets a dangerous precedent which could discourage future business owners from applying for permits. It was noted that Jason Foster had been cited last year for violations and his remedy has not yet been demonstrated during his normal summer business season, and he may be helping to manage Tom Hoesing’s property. Tom Hoesing clarified that Cyndi Hannah will be providing cleaning and check-in services for this property in Mr. Hoesing’s absence. He noted that he has properties in multiple states and has had no problems from neighbors; he questioned where the burden of proof was for the neighbor’s accusation, and asked the commission to consider his application for what happens on his own property. Commission discussed whether additional information such as police reports would be helpful, or if testimony is sufficient; they considered whether additional time to develop more conditions could be beneficial. MOTION TO AMEND : Vice Chair Douthit MOVED to amend Condition #9 to read “Quiet Hours are 10pm to 5am.” Commissioner Halstead SECONDED the motion. VOTE ON AMENDMENT: YEA: Halstead, Douthit, Greenberg, Twait NAY: Askin, Fikes, Woodard MOTION PASSED. MOTION TO AMEND : Vice Chair Douthit MOVED to add a condition requiring a local manager who will be responsible for the property while in operation. Commissioner Halstead SECONDED the motion. Page 7 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 6 of 10 April 13, 2022 VOTE ON AMENDMENT: YEA: Halstead, Woodard, Douthit, Greenberg, Twait NAY: Fikes, Askin MOTION PASSED. The commission discussed adding a condition to limit the number of visitors at the property, and how that might be determined. Director Foster clarified that a Fire Marshal inspection is part of the CUP process. MOTION TO AMEND : Vice Chair Douthit MOVED to add a condition that the number of registered overnight occupants be limited to the City’s fire code regulations for the number of people allowed for the size of dwelling. Commissioner Woodard SECONDED the motion. VOTE ON AMENDMENT: YEA: Halstead, Woodard, Douthit, Greenberg, Twait, Askin NAY: Fikes MOTION PASSED. Clarification was provided that there is no set number of complaints that will result in CUP revocation; an explanation of the notice of violation and permit revocation procedures was provided. VOTE ON MAIN MOTION AS AMENDED: YEA: Douthit, Greenberg NAY: Woodard, Twait, Askin, Fikes, Halstead MOTION FAILED. Chair Twait noted the fifteen-day appeal period. 2. Resolution PZ2022-09 - Application for a Conditional Use Permit for a Guide Service for the property described as Lot 3, Angler Acres Subdivision Part 4, located at 1025 Angler Drive, Kenai, Alaska 99611. The application was submitted by Thomas Hoesing, 1865 Fredericksen St, Fremont NE 68025 MOTION: Commissioner Halstead MOVED to approve Resolution PZ2022-09. Commissioner Woodard SECONDED the motion. It was noted that the staff report for PZ2022-09 was shared with PZ2022-08 and had been provided earlier in the meeting. Applicant Tom Hoesing stated that he would like his application to stand on its own, and that it is not fair to vote based on assumptions about someone’s future performance. He expressed uncertainty about what good a guide service CUP would do for him without lodging. Page 8 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 7 of 10 April 13, 2022 Chair Twait opened for public hearing. Jerry Huf, noting that the applicant will not have lodging nor a dock and is not a registered guide, expressed doubt about his business plan. He referred to the Comprehensive Plan’s goal to maintain quality of life, and stated that he had seen this diminish in his neighborhood because of CUP business operations. He noted that residents are highly inconvenienced by this sort of activity, and once granted CUPs the operations will expand to become high volume businesses. He asked the commission to focus on the area as a residential neighborhood with year-round residents. Greg Anderson questioned how the applicant could run a guide service with no dock, and noted that the Parks service may need to approve the property which he has not seen happen. Mack Padgett stated that the carrying capacity of Beaver Creek is beyond its limit, and encouraged the commission to look at what is happening to it and how it impacts the health of the Kenai River. Jim Richardson stated that he had once served as the president of Kenai River Special Management area, and clarified what the dock requirements were when they were first developed. He stated that he had previously pointed out violations but could not get enforcement, discussed the limitations of law and code enforcement, and emphasized the need for better communication. Stated that he opposed the guide service based on past problems at this location. MJ Loveland stated that Beaver Creek is part of the Kenai River, and she believes it is at its capacity for number of boats and opposes allowing any more boating activities there. There being no one else wishing to be heard, the public hearing was closed. The commission discussed postponement based on possible appeal of PZ2022-08, noting that the applicant may no longer want this CUP based on the denial of his cabin rental CUP. Chair Twait stated that the applicant could run a guide business from the property and launch his boats from another location, but he would vote no based on the applicant’s testimony. Vice Chair Douthit stated he would vote no based on the testimony of the applicant, who said that without the cabins he didn’t see the need for having a guide service. He noted that he feasibly could run a guide service on the property without a dock, but he agreed with the applicant and doesn’t feel it necessary. Commissioner Greenberg stated that he would vote yes because the applicant could feasibly run a guide service from the property. Commissioner Askin stated that she would vote no based on the applicant’s statements and out of concern for the condition of Beaver Creek. Commissioner Fikes stated that she would vote no, noting that additional testimony from the applicant about his plans for the guide service would have been helpful; based on his testimony from PZ2022-08 she did not see how the neighborhood would benefit from this business. Commissioner Halstead stated that he votes no based on the applicant’s testimony and his Page 9 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 8 of 10 April 13, 2022 absence from the rest of the commission’s discussion on the guide service. He stated that a guide could potentially run a guide service without a dock if the boat was moved to another dock. Commissioner Woodard stated that she voted no because the applicant said the guide service CUP wouldn’t be useful to have without the cabin rental CUP. She noted that she couldn’t see how he could bring boats into the area without damaging the environment. VOTE: YEA: Greenberg NAY: Twait, Douthit, Askin, Fikes, Halstead, Woodard MOTION FAILED . Chair Twait noted the fifteen-day appeal period. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. Action/Approval - Special Use Permit to Weaver Brothers, Inc. for Truck Trailer Storage. MOTION: Commissioner Askin MOVED to recommend approval of the Special Use Permit to Weaver Brothers, Inc. for Truck Trailer Storage. Commissioner Halstead SECONDED the motion. Director Foster provided a staff report noting that the same Special Use Permit (SUP) came before the commission last summer, and this year’s request is for the same five parcels. He noted that the parcels are adjacent to existing leases Weaver Brothers has, the reason for the SUP is expansion beyond their lease, and the SUP would be for one year. Clarification was provided that this SUP is for the same lots as the previous year and Weaver Brothers currently has trailers on them, and that SUPs are issued for a maximum of twelve months. Director Foster stated he does not believe the utilization of these parcels would impact other properties in the area. VOTE: YEA: Greenberg, Twait, Askin, Fikes, Halstead, Woodard, Douthit, NAY: None MOTION PASSED UNANIMOUSLY. 2. Action/Approval - Resolution No. 2022-XX – Approving the Execution of a Lease to Joel Caldwell. MOTION: Commissioner Askin MOVED to recommend approval of the Execution of a Lease to Joel Caldwell. Commissioner Woodard SECONDED the motion. Director Foster provided a staff report noting that Joel Caldwell had proposed an estimated Page 10 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 9 of 10 April 13, 2022 $100,000 in improvements to the property which include additional storage, restroom facility and paving, to be completed within two years of signing the lease. The activities noted on the application is aircraft storage and maintenance, and the requested lease term is seventeen years. He noted that to date no competing lease applications have been submitted. VOTE: YEA: Woodard, Douthit, Greenberg, Twait, Askin, Fikes, Halstead NAY: None MOTION PASSED UNANIMOUSLY. I. PENDING ITEMS – None. J. REPORTS 1. City Council – Council Member Winger reported on the actions of the April 6, 2022 City Council Meeting. 2. Borough Planning – Commissioner Fikes reported on the actions of the March 21, 2022 Kenai Peninsula Borough Planning meeting. 3. City Administration – Planning Director Foster reported on the following: • Next Commission meeting on April 27, 2022 will include a CUP application. • Upcoming meetings on the Kenai Waterfront Revitalization project will be held on May 2nd and 3rd. K. ADDITIONAL PUBLIC COMMENT – None. L. INFORMATIONAL ITEMS 1. Kenai Dog Park Program Council Member Winger noted that there will be a resolution at the next City Council meeting to consider a land donation for the Kenai Dog Park. M. NEXT MEETING ATTENDANCE NOTIFICATION 1. April 27, 2022 N. COMMISSION COMMENTS & QUESTIONS Council Member Askin noted that it had been a good meeting. Commissioner Halstead noted that he would like to have a template to guide the commission when adding criteria to a guide service CUP, and suggested scheduling a work session. Commissioner Greenberg stated that an underlying problem is that people have lost confidence in the process, and asked the commission to consider how to build back that confidence so that a permit can be evaluated on its own merit. Page 11 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 10 of 10 April 13, 2022 Commissioner Fikes agreed that a work session or discussion would be beneficial, because placing conditions will provide a tool for enforcement. She expressed concern about whether changing conditions for CUP applicants will be fair to past or future applicants. Vice Chair Douthit agreed that a work session will help to clarify understanding of enforcement issues, and in adding enforceable conditions to a CUP the community’s trust in the process can be built back. Council Liaison Winger noted she will bring the commission’s concerns to Council, and encourages scheduling a work session with the City Attorney. Chair Twait recognized the passing of Mayor Gabriel’s mother. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 10:03 p.m. Minutes prepared and submitted by: ____________________________ Meghan Thibodeau Deputy City Clerk Page 12 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2022-10 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR CABIN RENTALS. APPLICANT: Richard W. Main PROPERTY ADDRESS: 321 Portlock Street LEGAL DESCRIPTION: Lot 11, Block 1, Central Heights Subdivision 1st Addition KENAI PENINSULA BOROUGH PARCEL NUMBER: 04901211 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on April 4, 2022; 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 27, 2022, 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(e)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; Critera Met: The proposed cabin rentals (single family dwelling) meets the intent of the Suburban Residential (RS) Zone 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 13 Resolution No. PZ2022-10 Page 2 of 4 The existing home is consistent with the intent of the Suburban Residential District by preserving a medium density residential neighborhood with a site design that provides light, air, and privacy between neighboring parcels via lot setbacks, trees, a grass lawn, and back yard fencing. While cabin rentals generate consistent vehicle trips, it would likely not generate heavy traffic, those persons renting the house would generate approximately as many trips as a year round residence on the property. KMC 14.22 Land Use Table permits single dwelling house on a Suburban Residential property. The Land Use Table provides that Cabin Rentals are a conditional use for the Suburban Residential zoning district; therefore, a conditional use permit must be granted for the operation of rental cabins. The applicant has provided a site plan that provides the layout of the parcel and parking. 2. KMC 14.20.150(e)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met. The parcel located to the north is a single family home, to the east is a single family home, to the south is a commercial business, and to the west is a single family home. Portlock Street consists of Suburban Residential zoned parcels with primarily single family residences. The subject property, a single family home, fits in with the character of the neighborhood by land use, lot size, lot orientation, and natural character of the property. Both the economic and noneconomic value of adjacent properties should not be significantly impacted by the use of cabin rentals. All improvements on the subject property are existing. 3. KMC 14.20.150(e)(3) The proposed use is in harmony with the Comprehensive Plan; Criteria Met. The Land Use Plan, from the 2016 Comprehensive Plan, proposes a Suburban Residential land use for this neighborhood. The Suburban Residential Land Use Classification is defined in the Comprehensive Plan: “Suburban Residential is intended for single-family and multi-family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are required or planned. Some developments may be required to construct streets to a paved standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate.” The subject parcel has similar land use, lot size and orientation, City water and wastewater connections, and medium density as neighboring properties. Portlock Street is paved with no sidewalks. The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application: Goal 1 of the Comprehensive Plan is to promote and encourage quality of life in Kenai.  Q-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses Page 14 Resolution No. PZ2022-10 Page 3 of 4 Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai.  ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. 4. KMC 14.20.150(e)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met. The subject property is accessed via Portlock Street, a paved, City maintained road. City water and sewer is located adjacent to the subject property along Portlock Street. The property has access to electricity, gas, and telephone services. 5. KMC 14.150(e)(5) The proposed use will not be harmful to the public safety, health or welfare; Criteria Met: The use of a rental cabin will not be harmful to public safety, health, or welfare. Staff believes that services are available to adequately serve this use. There are recommended conditions with requirements related to public safety, health, and welfare:  2. Prior to starting any business operations, a landscape/site plan must be reviewed and approved by the Planning Director. This condition ensures site plan and landscaping requirements are met, including for vehicle parking.  9. Quiet Hours are 10pm to 6am. This condition would help ensure the welfare of neighbors is protected from noise. 6. KMC 14.150(e)(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 Richard Main for Cabin Rentals for property described as Lot 11, Block 1, Central Heights Subdivision 1st Addition, and located at 321 Portlock Street. 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 starting any business operations, a landscape/site plan must be reviewed and approved by the Planning Director. 3. Prior to beginning any construction or renovations, a building permit must be issued by the Building Official for the City of Kenai. Page 15 Resolution No. PZ2022-10 Page 4 of 4 4. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 5. The applicant will meet with City staff for on-site inspections when requested. 6. 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(l)(5). 7. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 8. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. 9. Quiet Hours are 10pm to 6am. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 27th day of April, 2022. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 16 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: April 19, 2022 SUBJECT: PZ2022-10 – Conditional Use Permit – Cabin Rentals Applicant: Richard W. Main 207 Walker Lane Kenai, AK 99611 Legal Description: Lot 11, Block 1, Central Heights Subdivision 1st Addition Property Address: 321 Portlock Street KPB Parcel No: 04901211 Lot Size: 0.25 Acres (10,890 square feet) Existing Zoning: Suburban Residential (RS) Current Land Use: Residential Dwelling Land Use Plan: Suburban Residential GENERAL INFORMATION The applicant, Richard Main, has submitted a conditional use permit application for Cabin Rentals at 321 Portlock Street. Cabin rentals are listed as a conditional use within the Suburban Residential zone in Kenai Municipal Code 14.22.010, Land Use Table. KMC 14.20.320 Definitions, defines cabin rentals, “Cabin rentals” means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. The proposed B&B (actually a Cabin Rental) is a 2 BR, 2 BA, single car garage home, on a .25 acre lot in Central Heights Sub. Bedroom #1 has a queen bed, bedroom #2 has a twin size bunk bed and a second bunk bed a twin over a full. Total sleeping for 7 people and off street parking for two vehicles. Page 17 Page 2 of 5 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(e) – 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(e)-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: The conditional use of this residence will look very much like it always has, the occasional coming and goings of families as they recreate in our area. The volume of traffic will likely be less than expected from a full time resident. Staff Response: The proposed cabin rentals (single family dwelling) meets the intent of the Suburban Residential (RS) Zone 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 existing home is consistent with the intent of the Suburban Residential District by preserving a medium density residential neighborhood with a site design that provides light, air, and privacy between neighboring parcels via lot setbacks, trees, a grass lawn, and back yard fencing. While cabin rentals generate consistent vehicle trips, it would likely not generate heavy traffic, those persons renting the house would generate approximately as many trips as a year round residence on the property. KMC 14.22 Land Use Table permits single dwelling house on a Suburban Residential property. The Land Use Table provides that Cabin Rentals are a conditional use for the Suburban Residential zoning district; therefore, a conditional use permit must be granted for the Page 18 Page 3 of 5 operation of rental cabins. The applicant has provided a site plan that provides the layout of the parcel and parking. Criteria #2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Applicant Response: The expectations of vacation renters can be high and good reviews are necessary for good business. For this and other reasons the property will always be clean and maintained to a high standard. Staff Response: The parcel located to the north is a single family home, to the east is a single family home, to the south is a commercial business, and to the west is a single family home. Portlock Street consists of Suburban Residential zoned parcels with primarily single family residences. The subject property, a single family home, fits in with the character of the neighborhood by land use, lot size, lot orientation, and natural character of the property. Both the economic and noneconomic value of adjacent properties should not be significantly impacted by the use of cabin rentals. All improvements on the subject property are existing. Criteria #3: The proposed use is in harmony with the Comprehensive Plan. Applicant Response: The conditional use of this property is in harmony with stated goals #2 Economic Development and goal #3 Land Use strategies to implement a forward looking approach to community growth and development. Staff Response: The Land Use Plan, from the 2016 Comprehensive Plan, proposes a Suburban Residential land use for this neighborhood. The Suburban Residential Land Use Classification is defined in the Comprehensive Plan: “Suburban Residential is intended for single-family and multi-family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are required or planned. Some developments may be required to construct streets to a paved standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate.” The subject parcel has similar land use, lot size and orientation, City water and wastewater connections, and medium density as neighboring properties. Portlock Street is paved with no sidewalks. The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application: Goal 1 of the Comprehensive Plan is to promote and encourage quality of life in Kenai.  Q-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses Page 19 Page 4 of 5 Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai.  ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. Criteria #4: Public services and facilities are adequate to serve the proposed use. Applicant Response: The home is on public water and sewer. The driveway allows for a minimum of two vehicles parking off the street. Staff Response: The subject property is accessed via Portlock Street, a paved, City maintained road. City water and sewer is located adjacent to the subject property along Portlock Street. The property has access to electricity, gas, and telephone services. Criteria #5: The proposed use will not be harmful to the public safety, health or welfare. Applicant Response: The short term rental of this house is expected to attract young families vacationing to this area. Trouble regarding safety, health or welfare will not be allowed and I live just down the street so I will be able to monitor activities. Staff Response: The use of a rental cabin will not be harmful to public safety, health, or welfare. Staff believes that services are available to adequately serve this use. There are recommended conditions with requirements related to public safety, health, and welfare:  2. Prior to starting any business operations, a landscape/site plan must be reviewed and approved by the Planning Director. This condition ensures site plan and landscaping requirements are met, including for vehicle parking.  9. Quiet Hours are 10pm to 6am. This condition would help ensure the welfare of neighbors is protected from noise. Criteria # 6: Specific conditions deemed necessary. Applicant Response: The house currently has good separation with neighboring homes. The back yard is fenced in for containment of pets. Additional side fencing or landscaping could provide additional privacy. 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 (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, 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 starting any business operations, a landscape/site plan must be reviewed and approved by the Planning Director. Page 20 Page 5 of 5 3. Prior to beginning any construction or renovations, a building permit must be issued by the Building Official for the City of Kenai. 4. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 5. The applicant will meet with City staff for on-site inspections when requested. 6. 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(l)(5). 7. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 8. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. 9. Quiet Hours are 10pm to 6am. ATTACHMENTS A. Application B. Draft Site Plan C. Central Heights Subdivision Plat D. Business License E. Aerial Map Page 21 Name: Mailing Address: City: Phone Number(s}: Email: Name: Mailing Address: City: Phone Number(s): Email: Bed and Breakfast Conditional Use Permit Application k ~~' State: 0\ "'-. State: Kenai Peninsula Borough Parcel# (Property Tax ID): Physical Address: 3 2-. I \? o .-.TI o c k Legal D escription: Z · 5.,.hl omng: vii:' Acres: -2..S How is this property currently being used? City of Kenai Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 planning@kenai.city www.kenai.city/planning Zip Code: Of °t 6 l l Zip Code: Describe details of the bed and breakfast conditional use (attach additional sheets if necessary). Include the number of beds: Tke. fJ r o.,o s ec:L t$ ~& i s 0\ 2.. ~ f' '2.. B°' J '3 '• ...,s ie c G'l 1' ~ ct-"o..:J~ he> VH e. o 11 °" . z..s ct.cl"~ fol \,,.. Ce,.,-t-r"ql l-(e'l5kTs 5t.1b. 'S~d-,.oom ~I tic...s q <o<.1ee11 h-eJ> ~e&lav~ ~ z. h.o.s Cl\ 'f-i..v~11 s:: z e. ~ '-'"1-/:::. \? e J °' .,. d. °' .j. e c-0&1.t!. b v ""K C, ~ C\, i-w'. 11 ~ ue....,.. 0\. ~ ~v II. -r Jta.l .S (eQ;::i;11_5 -(' 0 / 7 p eo(J 1-e.., ~ .S +l'ee\ JPo.,.,.. (..;:-~"'5' ._f C'., +-(..c.I 0 Explain how the conditional use is -consistent with purposes and intent of the zoning district of the property: 'Tl1~ cc::>nd:i;0•1.0<.\ LJSe_ ·o -t-4:,S fle~;d~MCe_ .1...-</\ll Jook_ cJel'y ·Wtjc..~ like_ ~-+ a'wo.ys "rcts -f-1,,.tl oc.CO\.S :01..1a.. l e.&V"t;V75 ~""d ~a~li1'.:)5' CJ..{1-..J'~""'~l:e> o...5; i-h.ey ~~cV'eo.~ ;"" e>Vf" ~~e..q_,. T4e... t.1olcJHie.._ 0 Tv"oJ.Jlc vv\ll ltkety be lco>S"S -\-tiC\V\ e)<.f1ec+~ 4 t'Ovvt 01. f'1.1l\-riwie. f~31d~ Page 22 Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: Use of surrounding property -north: Use of sur roundi ng property -south: "(/" ~ v~+-e.. CG> .,,,,,,ette~t\ \ Use of surrounding property-east: P ,-; v O\+e ((.es ',A., ,,..~~o. \ Use o(surrounding property-west: P 11 ~v(),,+.p _()_es :J e~i-~0-\ \ Tow li\"'-ovse_ t1 QtJo \ ePvn.e.Z\I Explairi how the conditional use is in harmony with the City's Comprehensive Plan: . Are public services and facilities on the property adequate to serve the proposed conditional use? Include considerations of off-street parking for the owner and all guests in your response. I h .e.__ ho ""'1 e.... \.s' o ""' (.) v '9 l~ c_ vJ ot.. '{-e V' ex ""'d ~ e..wet1t # 1 ~ -e... d..-~v.Q.WOL'-/ cx\\ows ~&../' 0\. VV\'\vt~V\<.)V\o\_ o.J.. TUlo vek~c..les f)<Xr"lc :vi~ ® # -t--L, e .>+rc;;i et-, Explain how the co nditi o nal use will not be harmful to publi c safety, health, or welf are: Are there a ny meas ures with acce ss, screen ing , site de velopment, b u ilding d es ign, or bus iness operatio n th at wi ll les se n ·potential impacts of the conditional use to neighbors? I"' -e ltovse. c. c.n/l'e.1.1:i"ly h~s '3 D<?d Self/<>.1"<>t"'"tlv£1.. ru i+i, vt e ~jh ~<:>~I a.ts (.., o k-"l e ~ 1"1-e. taoi..c l< y CU"d \ S' -Pe.va.e ed. ', ~ -/.:JV' e 6' ""-+°'; Vl .-.. e "'' e> + ¥' e-t-s . Q. 6-~ ~~ ~ o tA ~ l s ;de :/-e.,. c.~ ""!3 . o ..,. 'Cl\ "'c!~c°'-t?; ~_s e c:;u IJ (.> Io v ~~ a.M i-\-\o vtc:\ l P (' ~ I) ~ c.. '-1 ~ W ill the establishment be owner-occup ied? g YES Will no more than one person outside of the family be employed for the home occupation? Will no more than 30% of the gros s floor area of all buildings on t he lot be used f or the home occ upat ion? Will the home occ upation take pla ce in a wholly enclo sed principal bui lding o r other building accessory to the principa l building on the property? Has the City Fire Ma rshal inspected the property for Fire Code compliance? Signature: r1: 1... u ~-·-, !:&YES *YES Ne? 18 YES DYES P rint Name: ,/1;'1 ' !T it le/Business: I · /J .,, -Y-.,..,,. J) ' d .P e ~ ' -T T I 0\\ ~ t"-.0\a.v' t vr· "-• I ~~ 1'-11'1 'C\ U. For City Use Only Date Appl ication Fee Received : PZ Reso lution Number: Page 23 Katie Rector From: Sent: To: Subject: Richard Main <rich a rdwmain@g ma i I .com> Monday, April 4, 2022 3:28 PM Katie Rector Re: Conditional Use Permit CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Katie, It is my intention to apply for a Conditional use permit for Cabin Rental. Thank you for reaching out to clarify. Sent from my iPhone On Apr 4, 2022, at 3:16 PM, Katie Rector <krector@kenai.city> wrote: Good afternoon, It was good speaking with you this afternoon. As I stated on the phone, we just need confirmation that you intended on applying for a conditional use permit for cabin rentals and not a B&B. We have all the information we need from your application otherwise. Have a great day, Katie Rector Planning Admin Assistant Ill Ki;NAI City of Kenai I 210 Fidalgo Avenue I Kenai, AK 99611 P: (907) 283-8237 I W: www.kenai.city I E: krector@kenai.city Page 24 / / Lot 12 Note: This lot is serv0d by Citj of Kefl'1; woter ond :seffer. / / Lot 10 / / ASDUir:r CERTIFICATION !,WJ...fil • f"ound Rebor KENAI RECORDING C>1SlRlC r Plat: 83-6$ Oot~: 3-2-09 S<:ole: 1 • -30· Or own: ..f'S Job: {!9016 Book: 08-5 --------'---------'--------! SEGESSER SURVEYS 3Gf85 1">a?a.nd SL SOLOOTN.i\. AX 99880 (1)G7) 262-3909 ------·--· ------·---... I hcrct>y certify \hot I nave sun'<lyed the tollowin9 de~cribcd property. lot 11 Central Helghtl). Subdivision fifst Addition ond thol no ~croochm<:nls c>1ii1t cxc4'f')t 0$ il'lcti<:ate<i. E:xetv:ijoo ti~ It Is toe responsibility or the O-woer to determine the c>iistence of ony easeme~ts. covenants, or rcstrlctioM wt.k;h do rtot oppeor on the recorded subdivision plot. 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ALAS.KA 9860) -------·--------~ (tfl11NUR A"D tU~VlVOlt• '1AA0l.f) H. GAl.1.eU'f, JR. 746 F SIA£tT At4CHORAGC ' A.LAS.KA ·n~o I UA1f• JAffUAM'f 1 ... IH TOTAL •~EA · 7.1 6 AC ~&e SC'.4LE• 1"• ~o · DAAWH 8Y• RkG Page 26 Alaska Business L icense'# 21527 48 Alaska Department of Commerce, Community, and Economic Development Division of Co rporations, Business, and Professional Licensing PO Box 110806, Juneau, AK 99811-08 06 This is to certify that Raptor Ridge Rentals 207 Walker Ln, Kenai , AK 99611 owned by Richard William Main; Sheryl Dee Main is licensed by the department to conduct business for the period March 22 , 2022 to December 31, 2023 for the following line(s) of business: 53 -Real Estate, Rental and Leasing This licens e shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States . This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Julie Sande Commissioner Page 27 144 N . Binkley Street Soldotna, Alaska 99669 • {907) 714-2175 • {907) 714-2376 Fax A Division of the Finance Department Sales Tax Account# 00209234 Sales Tax Introduction Letter and Certificate of Registration Charlie Pierce Borough Mayor 111111 111l" •Mh11•ll'1tl1111.11.1111111 •1•h'•1•ll•ll•'111•11• RAPTOR RIDGE RENTALS 207 WALKER LANE KENAI AK 99611 UNITED STATES Dear Business Owner : Attached is your new certi fi cate of Authority to Collect Sales Tax. March 29, 2022 Net proceeds of the borough-wide sales tax of 3% is dedicated to our Borough schools. In addition, sales tax is collected for, and turned over to the cities. The schools and cities must have this sales tax money to operate; therefore, enforcement of the sal es tax ordinance is strictly maintained. Businesses ar e encouraged to pr omptly file sales tax returns and remit the taxes collected each reporting period by the due date prescribed. By reporting prompUy, accounts may receive a 5% credit of the sales tax up to $1,000 per quarte r . Filing is required on a QUARTERLY basis. Please note that a return MUST be filed for EVERY reporting period, even if there were no sales (check the box, "RETURN HAS NO SA LES.). The Sales Tax Division will m a il returns at the end of each reporting period. The due date on the return is the day that the return MUST BE POSTMARKED BY or TURNED IN TO OUR OFFICE BY. Accounts will be subject to a missing filing fee of $25 for each return not filed; if two (2) consecutive returns are missed a reinstatement fee of $100 will be assessed, in addition to any penalty or interest for late filing and remittance. In an effort to reduce costs we are no longer ma iling a hard copy of the sal es tax code of ord in ances; the sales tax code of ordinances are available online at http://www.kpb.us/finance-deptlsales-tax/sales-tax-information. A 'paper copy can be requested by phon e (907)714-2175 or email salestax@kpb.us. The Sales Tax staff in the Finan ce Department will be glad to answer questions or assist in any way they can regarding your sales tax account. Mer 29 2022 1 :O()AM 13 KENAI PE NINSULA BOROUGH CERTIFICATE OF AUTHORITY TO COLLECT BOROUGH SALES TAX THIS IS TO CERTIFY THAT RAPTOR RIDGE RENTALS is autnorimd and empowered by the Mayor of 1b.e Ken11i Pi:ninsula Borough to rollect for the Borough Sales Tax on retail Sales, Rents and Services imposed pursuant to Ordinance No 5.18 of the Kenai Peninsula Borough. This certificate is non-assignable and non-trllll~ferable and must be suxrendered to the Mayor by the seller to whom it was issued upon his ceasing to do business at the location named herein, or any change in owners hip, form of ownership. or any other change. RAPTOR RIDGE RENTALS 207 WALKER LANE KENAI AK 99611 UNITED STATES THIS CERTIFICATE MUST BE DISPLAYED PROMINENTLY AT TIIE PLACE OF BUSINESS. ACCOUNT NUMBER DATE OF 00209234 REG ISTRATION April 1, 2022 ck MAYOR Page 28 Conditional Use Permit - Bed and Breakfast Application CHECKLIST City of Kenai Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 planning@kenai.city www.kenai.city/planning ·g--Evaluate uses allowed in your zoning district Information on zoning is available at kenai. municipal .codes/KMC/14 .20 . !El Submit completed application form. The application form must include an attached site plan/floor plan with square footages of all structures on the property and parking areas. If applicable, include a State Business License and a KPB Tax Compliance Form with the application . Intents of zoning districts are at kenai.municioal.codes/KMC/14.20. Information about the Comprehensive Plan is at kenai.citv/planninq/paqe/comprehensive-plan. D Pay the $265 fee as outlined in the Fee Schedule ($250 + 6% tax). D City staff will evaluate your application following: Kenai Municipal Code 14.20.150-Conditional Use Permits (kenai.municipal.oodes/KMC/14.20.150 ) and Kenai Municipal Code 14.20.321-Bed and breakfast establishments kenai. municipal. codes/KMC/14.20 .321 Please answer questions from City staff about your application. 0 Meet with Fire Marshall for inspection of premises. The Fire Marshal will contact you to arrange an inspection. O Post sign on your property and confirm the posting with the City. Planning staff will contact you and provide a sign stating a conditional use permit application has been submitted. The sign must be posted at least 10 days before the Planning & Zoning Commission meeting. 0 Attend Planning & Zoning Commission meeting (not mandatory, but recommended). Attendance is beneficial so you are able to answer questions of the Commission. D 15-day appeal period of the Planning & Zoning Commission's decision . Thank you for choosing the City of Kenai! Please contact the Planning & Zoning Department with application questions. Page 29 PZ2022-10 CUP Cabin Rentals321 Portlock StreetParcel 0490121 1 PORTLOCK ST.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 4020 Feet LEGEND Su bject Parcel Date: 4/19/2022 Page 30 PLANNING & ZONING COMMISSION Resolution PZ2022-10 –Conditional Use Permit –Cabin Rentals 321 Portlock Street 1 Page 31 SUMMARY 2 Applicant:Richard W. Main 207 Walker Lane Kenai, AK 99611 Legal Description: Lot 11, Block 1, Central Heights Subdivision 1st Addition Property Address: 321 Portlock Street KPB Parcel No: 04901211 Lot Size:0.25 Acres (10,890 square feet) Existing Zoning: Suburban Residential (RS) Current Land Use: Residential Dwelling Land Use Plan: Suburban Residential Page 32 SUMMARY 3 Cabin Rentals and are listed as a conditional uses within the Suburban Residential zone in Kenai Municipal Code 14.22.010. KMC 14.20.320 Definitions, “Cabin rentals” means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. The proposed B&B (actually a Cabin Rental) is a 2 BR, 2 BA, single car garage home, on a .25 acre lot in Central Heights Sub. Page 33 SITE PLAN Site plan identifies the layout of the existing cabin (house), driveway, and parking. 4 Page 34 STAFF ANALYSIS Kenai Municipal Code 14.20.150(e) –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(e)- 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 35 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 economic and noneconomic 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 36 RECOMMENDATIONS City staff find that the applicant meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, 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 starting any business operations, a landscape/site plan must be reviewed and approved by the Planning Director. 3.Prior to beginning any construction or renovations, a building permit must be issued by the Building Official for the City of Kenai. 4.A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 7 Page 37 RECOMMENDATIONS CONTINUED 5.The applicant will meet with City staff for on-site inspections when requested. 6.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(l)(5). 7.Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 8.Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. 9.Quiet Hours are 10pm to 6am. 8 Page 38 ATTACHMENTS A. Application B. Draft Site Plan C. Central Heights Subdivision Plat D. Business License E. Aerial Map 9 Page 39 A. APPLICATION 10 Page 40 B. SITE PLAN 11 Page 41 C. CENTRAL HEIGHTS SUBDIVISION PLAT 12 Page 42 D. BUSINESS LICENSE 13 Page 43 E. AERIAL MAP 14 Page 44 Kenai City Council - Regular Meeting Page 1 of 3 April 20, 2022 Kenai City Council - Regular Meeting April 20, 2022 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 3** 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. Kenai Dog Park Friends, Current Need and Future Expansion of the Kenai Dog Park, Committee Member Crystal Locke. 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. 3277-2022 – Accepting a Grant from the Federal Aviation Administration Under the Coronavirus Response and Relief Supplemental Appropriation Act, 2021 and Appropriating Funds into the Special Revenue Fund. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3278-2022 – Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and Airport Improvements Capital Project Funds and Authorizing a Professional Services Agreement Amendment to Complete Design Phase Services for the Kenai Municipal Airport Runway Rehabilitation Project. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3279-2022 – Accepting and Appropriating a State of Alaska Grant Passed through the Southern Region EMS Council, Inc., for Three Scoop Stretchers, Three Adult Vacuum Splints and Three Pediatric Vacuum Splints. (Administration) 4. ENACTED UNANIMOUSLY. Ordinance No. 3280-2022 – 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) 5. ENACTED UNANIMOUSLY. Ordinance No. 3281-2022 – Accepting and Appropriating an American Rescue Plan Act Grant Passed through the State of Alaska Department of Health and Social Services for Kenai Senior Center Expenditures in Support of its Response to the COVID- 19 Public Health Emergency. (Administration) Page 45 Kenai City Council - Regular Meeting Page 2 of 3 April 20, 2022 6. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3282-2022 – Increasing Estimated Revenues and Appropriations in the Water and Sewer Special Revenue Fund and Wastewater Treatment Plant Improvements Capital Project Fund to Provide Supplemental Funding for the Sludge Press Replacement Project. (Administration) 7. ENACTED UNANIMOUSLY. Ordinance No. 3283- 2022 – Authorizing a Budget Revision in the Airport Special Revenue Fund and Increasing Estimated Revenues and Appropriations in the Terminal Improvement Capital Project Fund for Design Services for the Terminal Landscaping Project. (Administration) 8. ADOPTED UNANIMOUSLY. Resolution No. 2022-23 – Authorizing the City Manager to Execute an Amendment to the City of Kenai’s Participation Agreement with the Public Employees’ Retirement System (PERS) to Remove the “Program or Project Employee” Category of Employees from Participation Effective July 1, 2022. (Administration) 9. ADOPTED UNANIMOUSLY. Resolution No. 2022-24 – Authorizing a Construction Contract Award for the Mission Avenue Water Main Improvements Project. (Administration) 10. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2022-25 – Approving the Fifth Amendment to the City’s Airline Operating Agreement and Terminal Area Lease to Reduce Certain Insurance Requirements for Operators. (Administration) 11. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2022-26 – Authorizing the Use of Additional Land at the Daubenspeck Family Park for Expansion of the Dog Park. (Council Member Winger and Vice Mayor Glendening) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of April 6, 2022. (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 - Purchase Orders Over $15,000. (Administration) 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 5/4/2022. *Ordinance No. 3284-2022 – Accepting and Appropriating Private Donations to the Kenai Animal Shelter for the Care of Animals. (Administration) 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 5/4/2022. *Ordinance No. 3285-2022 – Increasing Estimated Revenues and Appropriations in the General Fund – Police Department and Accepting a Grant from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. (Administration) 5. APPROVED UNANIMOUSLY. Action/Approval – Consent to Assignment and Assumption of Lease Agreement, of Lot 5, Block 1, Gusty Subdivision Addition No. 1 Amended, to Forever Business Plaza, LLC. (Administration) 6. APPROVED UNANIMOUSLY. Action/Approval – Special Use Permit to Laser Art Alaska, LLC for a four-month term from May 1, 2022 through August 31, 2022 (Administration) 7. WORK SESSION SCHEDULED FOR 5/14/2022. Discussion/Action – Setting Budget Work Session Schedule. (Mayor Gabriel) Page 46 Kenai City Council - Regular Meeting Page 3 of 3 April 20, 2022 H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION 1. Possible Donation or Sale of Park View Subdivision Tract A, Kenai Peninsula Borough Parcel #04701018. Pursuant to AS 44.62.310(c)(1) a Matter of which the Immediate Knowledge may have an Adverse Effect Upon the Finance of the City. M. PENDING ITEMS N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 2. Cook Inlet Regional Citizens Advisory Council - Update from the Board of Directors 3. Kenai Peninsula Borough 2022 Reapportionment Committee Final Report 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 OR https://us02web.zoom.us/j/85336877469 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 853 3687 7469 Passcode: 983861 Meeting ID: 853 3687 7469 Passcode: 983861 Page 47 Planning Commission Kenai Peninsula Borough Meeting Agenda 144 North Binkley Street Soldotna, AK 99669 Betty J. Glick Assembly Chambers7:30 PMMonday, April 25, 2022 Zoom Meeting ID 907 714 2200 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 Page 1 Printed on 4/18/2022Page 48 April 25, 2022Planning Commission Meeting Agenda C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and non-controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. 1. Time Extension Request 2. Planning Commission Resolutions 3. Plats Granted Administrative Approval Plats - Administrative ApprovalsKPB-4130 C3. Admin ApprovalAttachments: 4. Plats Granted Final Approval (KPB 20.10.040) 5. Plat Amendment Request 6. Commissioner Excused Absences 7. Minutes April 11, 2022 PC Meeting MinutesKPB-4131 D. OLD BUSINESS E. NEW BUSINESS Right-of-Way Vacation: A portion of 60' Wide Van Antwerp St. and Associated Utility Easements KPB-4132 E1.ROWV VanAntwerp_PacketAttachments: Ordinance 2022-16: An ordinance amending KPB 21.46.040 to repeal the Kalifornsky Center Single Family Residential (R1) Local Option Zoning District on an approximately 55-acre privately owned parcel. KPB-4133 E2. Kalifornsky Center LOZD_PacketAttachments: F. PLAT COMMITTEE REPORT Page 2 Printed on 4/18/2022Page 49 April 25, 2022Planning Commission Meeting Agenda 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 NO ACTION REQUIRED NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, May 9, 2022 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. 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 3 Printed on 4/18/2022Page 50