HomeMy WebLinkAbout2022-05-11 Planning & Zoning PacketKenai Planning & Zoning Commission –
Regular Meeting
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May 11, 2022
Kenai Planning & Zoning Commission -
Regular Meeting
May 11, 2022 ꟷ 7:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
**Telephonic Participation Info on Page 2**
A Work Session will be held at 5:30 PM prior to the Regular Meeting to discuss
Conditional Use Permits.
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 27, 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 PZ2022-11 - Application for a Conditional Use Permit for a Day Care Center,
for the property described as Lot 1 Blk G Woodland Sub Pt I, located at 502 Ash Avenue,
Kenai, Alaska 99611. The application was submitted by Stephanie Nella Lenzini-LeBaron,
502 Ash Avenue, Kenai, Alaska 99611.
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Kenai Planning & Zoning Commission –
Regular Meeting
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May 11, 2022
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. Action/Approval - Recommending the Kenai City Council Adopt a Resolution
Approving the Updated 2022 Kenai Peninsula Borough Community Wildfire Protection
Plan.
2. Action/Approval - Recommending the Kenai City Council Enact Ordinance 3287-2022 -
Conditionally Donating Certain City Owned Property Described as Tract A Park View
Subdivision (KPB Parcel No. 047010118) to the Boys and Girls Club of the Kenai Peninsula
for Development of Facilities for Youth Sports, Recreation, Education, After School Care
and Other Youth Activities.
3. Action/Approval - Recommending the Kenai City Council Adopt Resolution No. 2022-XX
– Approving the Execution of a Lease to Swanson Properties, LLC for Lot 6, Block 5,
General Aviation Subdivision No. 1 Amended.
I. PENDING ITEMS
J. REPORTS
1. City Council
2. Kenai Peninsula Borough Planning
3. City Administration
K. ADDITIONAL PUBLIC COMMENT
(Public comment limited to five (5) minutes per speaker)
L. INFORMATIONAL ITEMS
M. NEXT MEETING ATTENDANCE NOTIFICATION
1. May 25, 2022
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/83804233444 OR Call: (253) 215-8782 or (301) 715-8592
Meeting ID: 838 0423 3444 Passcode: 981438
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KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
APRIL 27, 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, D. Fikes, G.
Greenberg
Commissioners absent: V. Askin
Staff/Council Liaison present: Planning Director R. Foster, Administrative Assistant K.
Rector, Deputy Clerk M. Thibodeau, Vice Mayor J.
Glendening, City Attorney S. Bloom
A quorum was present.
3. Agenda Approval
MOTION:
Commissioner Halstead MOVED to approve the agenda. Commissioner Woodard SECONDED
the motion. There were no objections; SO ORDERED.
4. Consent Agenda
MOTION:
Commissioner Halstead MOVED to approve the consent agenda. 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 – Askin
B. APPROVAL OF MINUTES
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April 27, 2022
1. *Regular Meeting of April 13, 2022
Approved by the consent agenda.
C. SCHEDULED PUBLIC COMMENT – None.
D. UNSCHEDULED PUBLIC COMMENT – None.
E. CONSIDERATION OF PLATS – None.
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.
MOTION:
Vice Chair Douthit MOVED to approve Resolution PZ2022-10. Commissioner Halstead
SECONDED the motion.
Planning Director Foster presented his staff report with information provided in the packet
explaining that the applicant wishes to obtain a conditional use permit (CUP) for cabin rentals.
The criteria for conditional use permits was reviewed; it was noted the application met the criteria
and City staff recommends approval 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 Rick Main explained that he is a longtime resident of the neighborhood and this house
is a retirement investment; his intent is for it to be a rental and was interested in trying a short-
term rental business.
Chair Twait opened for public hearing.
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April 27, 2022
Karen Monell expressed concerns about Airbnb’s reputation of bringing in noise, crime,
trespassing, parties and drinking which could change the dynamics of her neighborhood. She
noted that her neighborhood has struggling for years because of rentals, and raised questions
about privacy and child safety.
Angela Kniceley noted that she doesn’t have issue with the Main’s rentals, but expressed
concerns with strangers coming into the neighborhood, child safety, traffic and partying. She
stated that the applicant had told her they would be close to the property except when on vacation,
and requested that there be a contact if problems arise. She expressed frustration with problems
in the neighborhood which include noise, drugs and fighting; noted that there are hotels nearby
where travelers can stay. She discussed the lack of privacy in the neighborhood and child safety.
Ashley Bauman stated that she had called police on noise problems before and was told there is
no noise ordinance in Kenai. She noted that the Mains choose good tenants but do leave for
vacation, and explained how the neighborhood affords little privacy. She stated that there are
tenants and landlords who are not properly caring for their properties, and described problems
that her neighborhood has experienced with rentals. Expressed concerns about child safety, and
stated that the laws are not set up to allow the police to help in the way they need to.
Jeanne VanGorder read a letter from the neighborhood which expressed concerns about a
nationwide problem of commercial landlords buying up properties for Airbnb and harming
neighborhoods by bringing in dangerous strangers, noise, crime and parties.
Sheryl Main thanked her neighbors for their positive comments, and noted that she had
established a neighborhood watch group 25 years ago and has worked with the police to improve
the area. She explained that this home was purchased for its view, emphasized that it will be a
nice home and not a party house; clarified that her brother lives nearby and can respond to issues
at the property in her absence. Discussed her experience as a landlord and problems that can
arise in long and short term rentals.
Rick Main responded to questions from the commission about their current plans for check in and
checkout.
Jeanne VanGorder raised questions about Sheryl Main’s brother’s work schedule, which Mrs.
Main clarified and noted that if he is not in town she can ask someone also to keep an eye on the
property.
There being no one else wishing to be heard, the public hearing was closed.
MOTION TO AMEND:
Vice Chair Douthit MOVED to add a condition that a 6 foot privacy fence be installed on the
property. Commissioner Greenberg SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Woodard, Greenberg, Fikes, Halstead, Twait, Douthit
NAY: None
MOTION PASSED UNANIMOUSLY.
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April 27, 2022
MOTION TO AMEND:
Commissioner Fikes MOVED to add a requirement that the owners are there to meet the guests
face-to-face. Commissioner Woodard SECONDED the motion.
It was noted that the owners may not always be available to meet in person; the commission
discussed allowing the owners to have a representative meet the guests. Commissioner Fikes
revised her motion to include that the owners “or their representative.” There was concurrence
of the Second.
It was suggested that an option be provided to greet people via camera system if someone wasn’t
available. Discussion involved whether the addition of a camera security system should be
considered as a separate condition, or within this condition as an alternative to in-person greeting.
Commissioner Fikes revised her motion to add “or provide a video and/or security style check-in
for confirmation.” There was concurrence of the Second.
Discussion involved how most Airbnbs don’t require in-person check in or security system;
interpretation of “security system” and range of possible camera types; how having video could
help with enforceability; how adding a camera requirement raises questions of data retention,
video quality and falsifiability; and the procedure for late arrivals.
Commissioner Fikes requested to divide the question, voting first on adding a condition that the
owner or owners representative must be available to meet the guest at the location at check-in,
and voting second on adding a provision for video or security system check-in for confirmation if
owner or representative is unable to meet in person.
Commission considered changing the timeframe requirement for in-person or video confirmation
of guest.
VOTE ON MOTION TO AMEND BY ADDING CONDITION TO REQUIRE THE OWNER OR
THEIR REPRESENTATIVE TO MEET THE GUEST AT LOCATION WHEN THEY CHECK IN:
YEA: Fikes, Halstead, Twait, Woodard
NAY: Greenberg, Douthit
MOTION PASSED.
VOTE ON MOTION TO AMEND CONDITION BY ALLOWING VIDEO CHECK-IN:
YEA: Fikes, Twait, Douthit, Woodard
NAY: Halstead, Greenberg
MOTION PASSED.
It was noted that the applicant has been a capable long-term landlord in the past, and the added
conditions will help with enforceability.
City Attorney Bloom provided clarification on the noise ordinance under the KMC nuisance code,
which is enforced by the Planning and Zoning Department.
Director Foster clarified that in response to noise complaints on CUP properties, the Planning and
Zoning Department must verify the complaints with evidence that their quiet hours condition has
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April 27, 2022
been violated. He noted that code violation complaints can be reported through the City of Kenai
website.
Further discussion involved conditions for removal of disruptive guests; fire code compliance; city
code on securely storing garbage; and posting of quiet hours in the building.
MOTION TO AMEND:
Vice Chair Douthit MOVED to add a condition that the regulations for quiet hours and house rules
be clearly posted in the facility. Commissioner Fikes SECONDED the motion.
VOTE:
YEA: Halstead, Twait, Douthit, Woodard, Greenberg, Fikes
NAY: None
MOTION PASSED UNANIMOUSLY.
Vice Chair Douthit noted that he supports approval because the owner is a responsible landlord
as evidenced in public testimony. He noted that Airbnb could work well in the wintertime when
the area is quiet, and from personal experience with vacation rentals near his home they have
not caused significant issues. He noted that enforceability for CUPs is being improved.
Commissioner Fikes stated that she agreed with concerns about vacation rentals expressed by
members of the public, and noted that she has not experienced issues with her own neighbor.
Hopes that additional conditions will help strengthen enforcement abilities and rectify some of the
concerns of neighbors. She expressed support for approval, and encouraged those who testified
to reach out to the Planning & Zoning Department when they experience issues.
Commissioner Greenberg noted that testimony had provided character support for the applicants
as property managers, and having responsive property managers results in fewer complaints from
neighbors. He stated that he will vote to approve.
Commissioner Halstead noted that there will be an upcoming work session on CUPs that is open
to the public.
VOTE:
YEA: Twait, Douthit, Woodard, Greenberg, Fikes, Halstead
NAY:
MOTION PASSED UNANIMOUSLY.
Chair Twait noted the fifteen-day appeal period.
G. UNFINISHED BUSINESS – None.
H. NEW BUSINESS – None.
I. PENDING ITEMS – None.
J. REPORTS
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April 27, 2022
1. City Council – Council Member Winger reported on the actions of the April 20, 2022
City Council Meeting.
2. Borough Planning – Commissioner Fikes reported on the actions of the April 25, 2022
Kenai Peninsula Borough Planning meeting.
3. City Administration – Planning Director Foster reported on the following:
• There was a discussion on the goals and focus for the upcoming work session on
CUPs. The work session was scheduled for 5:30 p.m. on May 11, 2022 prior to
the commission’s regular meeting;
• Next commission meeting on May 11, 2022 will include a CUP and lease renewal
application;
• Upcoming waterfront revitalization project meetings will take place on May 2nd and
3rd at the Kenai Visitor Center.
K. ADDITIONAL PUBLIC COMMENT
Jeanne VanGorder noted that she would like contact phone numbers from the Main’s
representative if the Mains are not available. She expressed frustration about telling people to
lower their noise.
Sheryl Main responded to Jeanne Van Gorder, noting that they will take care of any issues to the
best of their ability.
Ashley Bauman discussed how she has contacted the police department about problems in her
neighborhood and not received satisfactory help, and stated she will reach out to the Planning &
Zoning Department in the future. She expressed frustration in the lack of communication with the
public about how to take care of issues in their neighborhood.
Angela Kniceley expressed frustration with the City’s response when she called about junk cars
and other problems, and expressed concerns about changes in the community.
Sheryl Main commented on the great job Pat Porter had done as Mayor, and suggested the
commissioners drive through Central Heights neighborhood.
L. INFORMATIONAL ITEMS – None.
M. NEXT MEETING ATTENDANCE NOTIFICATION
1. May 11, 2022
N. COMMISSION COMMENTS & QUESTIONS
Commissioner Woodard encouraged the public to apply to serve on a City commission.
Commissioner Halstead expressed appreciation for the commission and noted that it had been a
good discussion.
Commissioner Greenberg noted that they had had a good discussion.
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April 27, 2022
Commissioner Fikes expressed appreciation for the commission’s civility.
Vice Chair Douthit thanked the public for coming out to testify. He noted that he understand what
they’re going through recognizes their concerns.
Vice Mayor Glendening noted that he had materials about the Kenai Dog Park project.
O. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 9:51p.m.
Minutes prepared and submitted by:
____________________________
Meghan Thibodeau
Deputy City Clerk
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2022-11
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER.
APPLICANT: Stephanie Nella Lenzini-LeBaron
PROPERTY ADDRESS: 502 Ash Avenue
LEGAL DESCRIPTION: Lot 1, Block G, Woodland Subdivision Part One
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04326047
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on April 25, 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 May 11, 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(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.
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
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Resolution No. PZ2022-11
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light, air, and privacy between neighboring parcels via lot setbacks, trees, a grass lawn,
and back yard fencing. While a Day Care Center would generate consistent vehicle trips,
it would likely not generate heavy traffic. KMC 14.22 Land Use Table permits a single
dwelling house on a Suburban Residential property.
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 a Day Care Center. The
applicant has provided a site plan that provides the layout of the premises.
2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired;
Criteria Met. The parcels located to the north and west of the subject property contain
single family dwellings. The parcels located to the east and south are vacant parcels with
trees and wetlands. The economic and noneconomic 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 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. Ash Avenue 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. The single family home where the Day Care Center operations
would take place, is in harmony with the site design and layout of the Suburban
Residential Zoning District.
Goal 2 of the Comprehensive Plan is to provide economic development to support the
fiscal health of Kenai. Day Care Centers contribute to the economic vitality of the City by
providing for child care during working hours for parents. The availability of child care can
have a significant impact on the ability of parents to maintain employment.
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Resolution No. PZ2022-11
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4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Criteria Met. The residence located at 502 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: The operation of a Day Care Center will not be harmful to public safety,
health, or welfare. Staff believes that services are available to adequately serve this use
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:
Section 1. That a conditional use permit is granted to Stephanie Nella Lenzini-LeBaron for a Day
Care Center for property described as Lot 1, Block G, Woodland Subdivision Part
One, and located at 502 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 11th day of May, 2022.
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Resolution No. PZ2022-11
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JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
Meghan Thibodeau, Deputy City Clerk
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STAFF REPORT
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: May 5, 2022
SUBJECT: PZ2022-11 – Conditional Use Permit – Day Care Center
Applicant: Stephanie Nella Lenzini-LeBaron
502 Ash Avenue
Kenai, Alaska 99611
Legal Description: Lot 1, Block G, Woodland Subdivision Part One
Property Address: 502 Ash Avenue
KPB Parcel No: 04326047
Lot Size: .34 Acres (14,810 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. The applicant wishes to operate a day care with a maximum of 12 children;
therefore, it is necessary for the applicant to obtain a Conditional Use Permit for a Day Care
Center, which The Land Use Table provides as a conditional use in the Suburban Residential
zoning district. “Day care center” means an establishment where child care is regularly provided
for children for periods of less than twenty-four (24) hours, including the building housing the
facility and adjoining areas, and where tuition, fees, or other compensation for the care of the
children is charged. The applicant has been in contact with Jeremiah Hamilton, Fire Marshal, for
the City of Kenai, to schedule a fire inspection.
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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: By providing a childcare facility in the community that can accept
state assistance for payment and help families in the community in need of reliable and
close childcare.
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 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 a Day Care Center would generate consistent vehicle trips,
it would likely not generate heavy traffic. KMC 14.22 Land Use Table permits a single
dwelling house on a Suburban Residential property.
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 a Day Care Center. The
applicant has provided a site plan that provides the layout of the premises.
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Page 3 of 5
Criteria #2: The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired.
Applicant Response: By adding a childcare facility to the neighborhood I will increase the
safety of the neighborhood by providing a safe location for children to be attended by a
licensed provider. I will also be adding to the general moral of the neighborhood, giving
local families a place they can depend on.
Staff Response: The parcels located to the north and west of the subject property contain
single family dwellings. The parcels located to the east and south are vacant parcels with
trees and wetlands. The economic and noneconomic 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: The use of the property will be in harmony with the City's
Comprehensive Plan by providing a vital service to the community and contributing to the
economic development to the city of Kenai. In doing so I will also be providing reliable and
affordable childcare so parents and caregivers can also attend economically progressive
jobs.
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. Ash Avenue 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. The single family home where the Day Care Center operations
would take place, is in harmony with the site design and layout of the Suburban
Residential Zoning District.
Goal 2 of the Comprehensive Plan is to provide economic development to support the
fiscal health of Kenai. Day Care Centers contribute to the economic vitality of the City by
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Page 4 of 5
providing for child care during working hours for parents. The availability of child care can
have a significant impact on the ability of parents to maintain employment.
Criteria #4: Public services and facilities are adequate to serve the proposed use.
Applicant Response: Yes.
Staff Response: The residence located at 502 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: The use of the property will be to add safety and care to the
communities children and their families.
Staff Response: The operation of a Day Care Center will not be harmful to public safety,
health, or welfare. Staff believes that services are available to adequately serve this use
will be harmful to the public safety, health or welfare of the community.
Criteria # 6: Specific conditions deemed necessary.
Applicant Response: No.
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. 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.
Page 17
Page 5 of 5
ATTACHMENTS
A. Application
B. Site Plan
C. Aerial Map
Page 18
State:Zip Code:
State:Zip Code:City:
City:
PETITIONER REPRESENTATIVE (LEAVE BLANK IF NONE)
Mailing Address:
Phone Number(s):
Email:
Name:
Explain how the conditional use is consistent with purposes and intent of the zoning district of the property:
Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional
use:
Legal Description:
How is this property currently being used?
Zoning:
Acres:
CONDITIONAL USE DESCRIPTION
(include site plan/floor plan with square footages)
(include State Business License and KPB Tax Compliance if applicable)
Conditional Use Requested for (attach additional sheets if necessary):
PROPERTY OWNER
Mailing Address:
City of Kenai
Planning and Zoning Department
210 Fidalgo Avenue
Kenai, AK 99611
(907) 283-8200
planning@kenai.city
www.kenai.city/planning
Conditional Use Permit
Application
Name:
PROPERTY INFORMATION
Physical Address:
Phone Number(s):
Email:
Kenai Peninsula Borough Parcel # (Property Tax ID):
Stephanie Nella Lenzini-LeBaron
502 Ash ave
Kenai AK 99611
847-363-0691
NellaL@busybeesak.org
04326047
502 Ash Ave, Kenai AK 99611
T 6N R 11W SEC 31 SEWARD MERIDIAN KN 0001522 WOODLAND SUB PT I LOT 1 BLK G
Suburban Residential KEN4120
0.34
Living
Request to use a portion of the property as a state licensed childcare facility.
By providing a childcare facility in the community that can accept state assistance for payment and
help families in the community in need of reliable and close childcare.
By adding a childcare facility to the neighborhood I will increase the safety of the neighborhood by
providing a safe location for children to be attended by a licensed provider. I will also be adding to the
general moral of the neighborhood, giving local families a place they can depend on.
Page 19
Signature:Date:
Print Name: Title/Business:
Are there any measures with access, screening, site development, building design, or business operation that will
lessen potential impacts of the conditional use to neighbors?
Use of surrounding property - north:
Use of surrounding property - south:
Use of surrounding property - east:
Use of surrounding property - west:
Explain how the conditional use is in harmony with the City's Comprehensive Plan:
Explain how the conditional use will not be harmful to public safety, health, or welfare:
Are public services and facilities on the property adequate to serve the proposed conditional use?
Date Application Fee Received:
PZ Resolution Number: For City Use Only
AUTHORITY TO APPLY FOR CONDITIONAL USE:
I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I
petition for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. I understand that
payment of the application fee is nonrefundable and is to cover the costs associated with processing this
application, and that it does not assure approval of the conditional use. I also understand that assigned hearing
dates are tentative and may have to be postponed by Planning Department staff of the Planning and Zoning
Commission for administrative reasons. I understand that a site visit may be required to process this application.
City of Kenai personnel are authorized to access the above-referenced property for the purpose of processing this
application.
Yard/ driveway
Yard / outdoor play area
Driveway / shed
Yard / outdoor play area
The use of the property will be in harmony with the City's Comprehensive Plan by providing a vital
service to the community and contributing to the economic development to the city of Kenai. In doing
so I will also be providing reliable and affordable childcare so parents and caregivers can also attend
economically progressive jobs.
Yes
The use of the property will be to add safety and care to the communities children and their families.
No
04/25/2022
Stephanie Nella Lenzini-LeBaron Administrator/ Busy Bees Child Learning Center
Page 20
Conditional Use Permit
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
Evaluate uses allowed in your zoning district. Information on zoning is available at
kenai.city/planning/page/zoning.
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.municipal.codes/KMC/14.20.
Information about the Comprehensive Plan is at kenai.city/planning/page/comprehensive-plan.
Pay the $265 fee as outlined in the Fee Schedule ($250 + 6% tax).
City staff will evaluate your application following Kenai Municipal Code 14.20.230
(kenai.municipal.codes/KMC/14.20.150). Please answer questions from City staff about your
application.
Meet with Fire Marshall for inspection of premises (if necessary).
The Fire Marshal will contact you to arrange an inspection.
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.
Attend Planning & Zoning Commission meeting (not mandatory, but recommended).
Attendance is beneficial so you are able to answer questions of the Commission.
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 21
•All of the first floor will remain as private residential space. Occupied by Stephanie, Bryce, &
Kaladin LeBaron.
•All of the lower level will be used for the daycare facility.
•Outside spaces will be shared residential and commercial use.
•All residential cars will be parked in the attached garage.
•Any cars parking temporarily to drop-off or pick-up children will park in the driveway.
Page 22
PZ2022-11 C UP Day Care Cente r502 Ash AvenueParcel 0432604 7
ASH AVEF I F T H AV E
.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: 5/5/2022
Page 23
PLANNING & ZONING
COMMISSION
Resolution PZ2022-11 –Conditional Use Permit –Day Care Center
502 Ash Avenue
1
Page 24
SUMMARY
2
Applicant:Stephanie Nella Lenzini-LeBaron
502 Ash Avenue
Kenai, Alaska 99611
Legal
Description:
Lot 1, Block G, Woodland Subdivision
Part One
Property
Address:
502 Ash Avenue
KPB Parcel
No:
04326047
Lot Size:.34 Acres (14,810 square feet)
Existing
Zoning:
Suburban Residential
Current Land
Use:
Single Family Dwelling
Land Use
Plan:
Suburban Residential
Page 25
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.
The applicant wishes to operate a day care with a maximum of 12 children;
therefore, requiring a Conditional Use Permit for a Day Care Center.
. “Day care center” means an establishment where child care is regularly provided
for children for periods of less than twenty-four (24) hours, including the building
housing the facility and adjoining areas, and where tuition, fees, or other
compensation for the care of the children is charged.
Page 26
SITE PLAN
Site plan identifies the layout of the interior
of the day care.
4
Page 27
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 28
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 29
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.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 30
ATTACHMENTS
A. Application
B. Site Plan
C. Aerial Map
8
Page 31
A. APPLICATION
9
Page 32
B. SITE PLAN
10
Page 33
C. AERIAL MAP
11
Page 34
MEMORANDUM
TO: Planning and Zoning Commission
THROUGH: Ryan Foster, Planning and Zoning Director
FROM: Tony Prior, Fire Chief
DATE: April 29, 2022
SUBJECT: Action/Approval: Recommending the City Council Adopt a Resolution
Approving the Updated 2022 Kenai Peninsula Borough Community
Wildfire Protection Plan.
The City of Kenai participated as one of the 17 communities to develop a single Borough-wide
Community Wildfire Protection Plan (CWPP). I was one of the Core Team Members who
participated in putting together the plan over a two-year period. The plan combined the 17
individual plans into one all encompassing plan that addresses the landscapes across the
peninsula.
The CWPP project was driven by a dedicated core team made of local, state, federal agencies
as well as non-government agencies and residents. The team was tasked with decision making,
data sharing, experience and communication with the communities. The core team conducted
five meetings in addition to regular emails or conference calls. The project was broadly promoted
throughout the borough, including public venues, comprehensive meetings with individual fire
departments, tribal entities, and critical infrastructure utilities and transportation agencies. The
core team participated in a six-week review period to comment on the working draft. We finished
with what we feel is a very comprehensive plan that will guide us with mitigation efforts and future
planning to make our City and other communities on the Peninsula prepared for the potential of
future fire events resulting in communities that are Firewise.
Your consideration is appreciated. The Commission’s recommendation will be included in the
Resolution to the City Council for the May 18th meeting.
The CWPP update is located at www.kpb.us/cwpp
Does the Planning and Zoning Commission recommend the Council approve the
Community Wildfire Protection Plan?
Page 35
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: May 5, 2022
SUBJECT: Action/Approval: Recommending the Kenai City Council Enact
Ordinance 3287-2022 - Conditionally Donating Certain City Owned
Property Described as Tract A Park View Subdivision (KPB Parcel No.
04701018) to the Boys and Girls Club of the Kenai Peninsula for
Development of Facilities for Youth Sports, Recreation, Education,
Af ter School Care and Other Youth Activities.
The Boys and Girls Club of the Kenai Peninsula is interested in expanding and providing a campus
to serve its mission in the City of Kenai. The Boys and Girls club has the opportunity to purchase
an existing facility at located at 320 S. Spruce Street, (KPB Parcel No. 04701028) and approached
the City requesting a donation of the adjacent City owned parcel, Tract A Park View Subdivision,
to allow the organization enough space to complete its campus providing afterschool and summer
care, and sports and recreational activities for youth. The Boys and Girls Club has stated it intends
to utilize the City property for construction of a club house and parking as well as a potential green
house and play ground. The campus as a whole is intended to provide administrative offices and
areas for youth activities including sports, recreation, education, and after school and summer
activities.
Please review the attached materials.
Does the Commission recommend Council approve conditionally donating City owned
land to the Boys and Girls Club?
Attachments
Aerial Map illustrating the proposed parcel to be donated
Ordinance 3287-2022
Page 36
Ordinance No. 3287-2022Conditional Donation to Boys and Girls ClubKPB #04701018
CHAR CIR
S SPRUCE ST.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
0 8040 Feet
LEGEND
Su bject Parcel
Date: 5/5/2022
Page 37
Sponsored by: Mayor Gabriel and Council Member Baisden
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3287-2022
AN ORDINANCE CONDITIONALLY DONATING CERTAIN CITY OWNED PROPERTY DESCRIBED AS TRACT A PARK VIEW SUBDIVISION (KPB PARCEL NO. 047010118) TO THE BOYS AND GIRLS CLUB OF THE KENAI PENINSULA FOR DEVELOPMENT OF FACILITIES FOR YOUTH SPORTS, RECREATION, EDUCATION, AFTER SCHOOL CARE AND OTHER YOUTH ACTIVITIES.
WHEREAS, KMC 22.05.095- Method of Sale or Disposal, provides in relevant part, in subsection (b)(iii), that the City may grant property by ordinance to a nonprofit corporation for an agreed upon sum when in the best interest of the City; and,
WHEREAS, the Boys and Girls Club of the Kenai Peninsula is a nonprofit corporation with a mission to enable all young people, especially those who need it most, to reach their full potential as productive caring and responsible citizens; and,
WHEREAS, the Boys and Girls Club of the Kenai Peninsula has over 1,000 members, and provides approximately 50,000 meals to youths per year, provides after-school and summer camps, after school and summer care, provides sports and recreational opportunities as well as other educational and youth activities; and,
WHEREAS, Tract A Park View Subdivision, a 2.09 acre parcel, has previously been determined as not needed for a public purpose by Ordinance No. 919-84, making the property eligible for sale or donation; and,
WHEREAS, there is a strong need in the community for the services provided by the Boys and Girls Club of the Kenai Peninsula; and,
WHEREAS, the City desires to support the mission of the Boys and Girls Club of the Kenai Peninsula; and,
WHEREAS, the subject parcel is uniquely situated adjacent to a facility to be acquired by the Boys and Girls Club of the Kenai Peninsula allowing them to create a campus to serve its mission inside Kenai; and,
WHEREAS, donating the subject parcel to the Boys and Girls of the Kenai Peninsula will allow them to expand services for youth and families in the City and is in the best interest of the City; and,
WHEREAS, certain conditions must be placed on the transfer to ensure the property is developed for its intended purpose, and in the event of a sale, to a for profit entity, the value shall be reimbursed to the City, if a sale occurs within twenty years after transfer to the Boys and Girls Club of the Kenai Peninsula.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS:
Section 1. Form: That this is a non-code ordinance.
Section 2. That the Kenai City Council hereby authorizes the City manager to execute the transfer of title of Tract A Park View Subdivision to the Boys and Girls Club of the Kenai Peninsula, on a form
Page 50
Page 38
Ordinance No. 3287-2022 Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
approved by the City Attorney, for less than fair market value ($1.00) for the sole purpose of developing facilities to further the stated mission of the Boys and Girls Club of the Kenai Peninsula.
Section 3. That the City Council finds that disposal of the subject parcel is in the best interest of the citizens of the City of Kenai and that the public interest is served by disposing of the land for less than the fair market value, in accordance with the recitals above which are incorporated herein.
Section 4. That the Boys and Girls Club of the Kenai Peninsula will pay all closing costs and fees associated with the transfer of title.
Section 5. That if the Boys and Girls Club of the Kenai Peninsula is unable to or otherwise does not obtain the adjacent parcel (KPB Parcel No. 04701028) within one year of the effective date of this Ordinance, the transfer of title of Tract A Park View Subdivision will not occur, without further Council action.
Section 6. That if no development occurs on Tract A Park View Subdivision within two years of the transfer of title of the subject property to the Boys and Girls Club of the Kenai Peninsula, ownership will revert to the City unless further Council action is taken.
Section 7. That in the event of a sale of the subject tract, or any future subdivided portion thereof, by the Boys and Girls Club of the Kenai Peninsula to a for profit entity, the then current market value of the entire parcel, or subdivided portion sold, whichever occurs, shall be reimbursed to the City, if a sale occurs within twenty years after transfer to the Boys and Girls Club of the Kenai Peninsula.
Section 8. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application.
Section 9. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS DAY 18TH OF MAY, 2022.
___________________________________ Brian Gabriel Sr., Mayor ATTEST:
___________________________________ Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: May 4, 2022 Enacted: May 18, 2022 Effective: June 3, 2022
Page 51
Page 39
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: May 4, 2022
SUBJECT: Action/Approval: Recommending the City Council Approve Resolution
No. 2022-XX – Approving the Execution of a Lease to Swanson
Properties, LLC
On April 4, 2014, Swanson Properties, LLC entered into an assignment of lease for Lot 6, Block
5, General Aviation Subdivision No. 1 with Jacqueline Ann Swanson. The lease term for an office
and warehouse use was effective on April 14, 1967, for a term of 55 years and terminates on
June 30, 2022.
Swanson Properties, LLC proposes to maintain the current office and warehouse operations; with
the appraised value of existing improvements allowing a lease term of 45 years according to the
term table in Kenai Municipal Code 22.05.055, though the applicant is requesting a shorter lease
term to June 30, 2031, in order to align with another existing lease they have on the adjacent
property at 149 N Willow Street. At that time, the lease for non-aeronautical uses with direct airfield
access can be evaluated.
Pursuant to Kenai Municipal Code 21.10.060 Lease application review, notice of the lease
application was posted in the Peninsula Clarion and stated competing applications may be
submitted for the parcel within 30 -days to the City. The 30 -day window from publication ends on
May 21, 2022, and to-date, no competing applications have been submitted to the City.
The parcel is within the Airport Light Industrial (ALI) Zone. Pursuant to KMC 14.20.065, the
purpose of the ALI Zone is to protect the viability of the Kenai Municipal Airport as a significant
resource to the community by encouraging compatible land uses and reducing hazards that may
endanger the lives and property of the public and aviation users. The proposed use, rental and
equipment sales as an Airport Compatible Use, is a permitted and compatible use in the ALI Zone.
The Imagine Kenai 2030 Comprehensive Plan outlines goals, objectives, and action items for the
City, including this one pertaining to the Kenai Municipal Airport:
Objective T- 1: Support future development near or adjacent to the airport when such
development is in alignment with the Kenai Municipal Airport's primary mission, "To be the
commercial air transportation gateway to the Kenai Peninsula Borough and Cook Inlet."
Page 40
Page 2 of 2
The proposed use complies with the Imagine Kenai 2030 Comprehensive Plan by supporting
development on lease lots with development that is in alignment with the Kenai Municipal Airport's
marketing strategy.
The Airport Land Use Plan was developed to identify the highest and best uses of Kenai Municipal
Airport land. The Airport Land Use Plan discusses leasing land and enhancing opportunities for
local economic development. The proposed use by Swanson Properties, LLC complies with the
Airport Land Use Plan and would enhance local economic development.
Please review the attached materials.
Does the Commission recommend Council approve the execution of a lease to Swanson
Properties, LLC?
Attachments:
City of Kenai Land Lease Application from Swanson Properties, LLC
145 N Willow St Map
Draft Resolution 2022-XX
Page 41
Page 42
Page 43
145 N Willow StLot 6, Block 5, General Aviation Subdivision No 1 AmendedParcel 04324020
N WILLOW 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: 5/4/2022
Page 44
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROVING THE
EXECUTION OF A LEASE OF AIRPORT RESERVE LANDS USING THE STANDARD LEASE
FORM BETWEEN THE CITY OF KENAI AND SWANSON PROPERTIES, LLC ON LOT 6,
BLOCK 5, GENERAL AVIATION SUBDIVISION NO. 1 AMENDED.
WHEREAS, the lease to Swanson Properties, LLC for Lot 6, Block 5, General Aviation
Subdivision No. 1 Amended expires on June 30, 2022; and,
WHEREAS, on April 15, 2022, Swanson Properties, LLC submitted an application for a lease of
City owned properties within the Airport Reserve, described as Lot 6, Block 5, General Aviation
Subdivision No. 1 Amended; and,
WHEREAS, the Swanson Properties, LLC lease application states the intention to maintain
current warehouse and office operations; with the appraised value of existing improvements that
gives a lease term of 45 years (and a requested lease term of 9 years) according to the term table
in Kenai Municipal Code 22.05.055; and,
WHEREAS, the proposed development would be mutually beneficial and would conform with the
Kenai Municipal Code for zoning and Kenai's Comprehensive Plan; and,
WHEREAS, the City of Kenai did not receive a competing lease application within thirty (30) days
of publishing a public notice of the lease application from Swanson Properties, LLC; and,
WHEREAS, at their regular meeting on May 11, 2022, the Planning and Zoning Commission
reviewed the lease application and recommended approval by the City Council; and,
WHEREAS, at their regular meeting on May 12, 2022, the Airport Commission reviewed the lease
application and recommended approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That a Lease of Airport Reserve Lands is approved and the City Manager is
authorized to execute a lease between the City of Kenai, Lessor, and Swanson Properties, LLC,
Lessee, as follows:
The lease term will be 9 years;
Lot developments will prevent unauthorized access to the airfield;
Structures will be built behind the 100 foot building restriction line;
Page 45
Resolution No. 2022-XX
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Swanson Properties, LLC is responsible for all snow removal, and snow may not touch
the perimeter security fence or be piled to a height that would allow access to the airport;
and
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of June, 2022.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Page 46
Kenai City Council - Regular Meeting Page 1 of 3
May 04, 2022
Kenai City Council - Regular Meeting
May 04, 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. Velda Geller, Kenai Senior Connections, 2022 Meals on Wheels Event.
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. 3284-2022 – Accepting and Appropriating Private
Donations to the Kenai Animal Shelter for the Care of Animals. (Administration)
2. ENACTED UNANIMOUSLY. 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)
3. ADOPTED UNANIMOUSLY. Resolution No. 2022-27 – Approving the Execution of a Lease
of Airport Reserve Lands Using the Standard Lease form Between the City of Kenai and Joel
Caldwell on Lot 3, Block 4, FBO General Aviation Apron. (Administration)
4. ADOPTED UNANIMOUSLY. Resolution No. 2022-28 – Authorizing an Agreement for
Professional Engineering Services for the Roadway Capital Improvements Projects.
(Administration)
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of April 20, 2022. (City Clerk)
2. APPROVED BY THE CONSENT AGENDA. *Special Meeting of April 25, 2022. (City Clerk)
Page 47
Kenai City Council - Regular Meeting Page 2 of 3
May 04, 2022
3. APPROVED UNANIMOUSLY. *Special Meeting of April 26, 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 – Non-Objection to Liquor
License Renewals for The Upper Deck. (City Clerk)
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Amending Employment
Agreements between the City of Kenai and City Manager, Paul Ostrander and City Clerk,
Michelle Saner. (Mayor Gabriel)
4. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Amending and Extending
an Employment Agreement between the City of Kenai and City Attorney, Scott Bloom. (Mayor
Gabriel)
5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 5/18/2022.
Ordinance No. 3286-2022 – Increasing Estimated Revenues and Appropriations in the
General Fund – Police Department and Accepting a Grant from the US Department of
Transportation Passed Through the State of Alaska Department of Transportation and Public
Facilities for Traffic Enforcement Overtime Expenditures. (Administration)
6. INTRODUCED AND REFERRED TO THE PLANNING AND ZONING COMMISSION FOR
RECOMMENDATION/PUBLIC HEARING SET FOR 5/18/2022. *Ordinance No. 3287-2022
– Conditionally Donating Certain City Owned Property Described as Tract A Park View
Subdivision (KPB Parcel No. 047010118) to the Boys and Girls Club of the Kenai Peninsula
for Development of Facilities for Youth Sports, Recreation, Education, After School Care and
Other Youth Activities. (Mayor Gabriel and Council Member Baisden)
7. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 5/18/2022.
*Ordinance No. 3288-2022 – Accepting and Appropriating a Scholarship from the Alaska
Association of Municipal Clerks for Employee Travel and Training. (City Clerk)
8. APPROVED UNANIMOUSLY. Action/Approval – Special Use Permit to Weaver Brothers,
Inc. for Truck Trailer Storage. (Administration)
9. APPROVED UNANIMOUSLY. Action/Approval – Amending the Special Use Permit to State
of Alaska, Department of Natural Resources, Division of Forestry for Aeronautical and/or
Aviation Related Activities. (Administration)
10. Discussion – Public Meetings and Video Conferencing (Council Member Pettey)
11. Discussion – Disposal Options for Tract A Park View Subdivision (KPB Parcel No.
047010118) (Administration)
12. BOARD OF ADJUSTMENT SCHEDULED FOR 5/31/2022. Discussion – Scheduling a
Board of Adjustment Appeal Hearing. (City Clerk)
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
Page 48
Kenai City Council - Regular Meeting Page 3 of 3
May 04, 2022
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
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000
The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of
resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior
to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231.
Join Zoom Meeting OR
https://us02web.zoom.us/j/87936440018 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 879 3644 0018 Passcode: 551912 Meeting ID: 879 3644 0018 Passcode: 551912
Page 49
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 4/25/2022Page 50
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
C7. 041122 PC Meeting MinutesAttachments:
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:
Page 2 Printed on 4/25/2022Page 51
April 25, 2022Planning Commission Meeting Agenda
Ordinance 2022-16: An ordinance amending KPB 21.46.040 to repeal
the Kalifornsky Center Single Family Residential (R1) Local Option
Zoning District.
KPB-4133
E2. Kalifornsky Center LOZD_Packet
Desk_Kalifornsky LOZD repeal MEMO.docx
Desk_Kalifornsky LOZD repeal ORD.docx
Desk_Kalifornsky Center LOZD Aerial Map
Desk_Public Meeting 42122 Memo
Desk_Kalifornsky Center Zoning Change Objection Letter
Desk_Steven Foster Comment
Attachments:
F. PLAT COMMITTEE REPORT
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
Page 3 Printed on 4/25/2022Page 52
April 25, 2022Planning Commission Meeting Agenda
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 4 Printed on 4/25/2022Page 53
MAY 11, 2022
PLANNING & ZONING COMMISSION
ADDITIONAL MATERIAL/REVISIONS
REQUESTED ADDITIONS TO THE PACKET:
ACTION ITEM REQUESTED BY Add to item F.1 Resolution PZ2022-11
• Public Comment Planning Director
From:Kristine Schmidt
To:Ryan Foster
Cc:Alex Douthit; Diane Fikes - Planning & Zoning Commission (dmfikes@yahoo.com); Gary Greenberg
(ggreenberg@akmapco.com); Gwen Woodard (woodard.g@outlook.com); Jeff Twait; Joe Halstead
(joe@digitsak.com); Teea Winger; ectt@ptialaska.net
Subject:CUP Application - 502 Ash Avenue, Woodland Subdivision
Date:Wednesday, May 11, 2022 11:04:17 AM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
We request that the Planning and Zoning Commission vote no on the CUP for 502 Ash
Avenue, Kenai, Alaska for the following reasons:
• Notices did not comply with Kenai Municipal Code
-- sign not posted on subject property until Wednesday May 4, 2022 (6 days before meeting)
-- supposed to be posted 10 days before the date of the meeting per KMC 14.20.280(d)
-- published on May 5, 2022, 6 days "prior to date of hearing" on Wednesday May 11, 2022
meeting -- supposed to be published 7 days "prior to date of hearing" per KMC 14.20.280(b)
• Businesses in Woodland Subdivision are prohibited by the Covenants Conditions and
Restrictions of Woodland Subdivision, in effect since 1967
-- Subject property restricted to single family residential use per Woodland Subdivision
covenants
-- The Planning Commission should not give a permit to violate subdivision covenants
-- City of Kenai Planning Department used to deny CUPs for businesses in residential
subdivisions with restrictive covenants, at least through the 1980s
• This business is not appropriate for this location, this commercial use is not consistent
with the purposes and intent of the relevant zoning district
-- This commercial use will be harmful to public safety. Small children in nearby houses
dash into and play in Ash Avenue as it
-- Ash Avenue is one of the two busiest streets in Woodland Subdivision, one of the main
routes for subdivision traffic to access N. Forest Drive, Fourth Avenue and Kenai Spur
Highway
-- The house is located on a dangerous corner with lots of traffic
-- This commercial use will generate heavy traffic multiple times daily, there will be a large
increase in business traffic in neighborhood
-- The back yard is small, because it is sloughing off into "Richka Creek" -- no place for
children to play except for front yard
-- Increase in noise outside
• Domino effect
-- There are no other large businesses in Woodland Subdivision
-- This CUP would open the door for other large, inappropriate businesses in the
neighborhood
Thank you for your consideration.
Kristine Schmidt and Bob Molloy
513 Ash Avenue
Kenai, Alaska 99611
(907) 283-7373
kristine@molloyschmidt.com
bob@molloyschmidt.com