HomeMy WebLinkAbout2023-01-25 Planning & Zoning Packet• / Kenai Planning & Zoning Commission -
Regular Meeting
January 25, 2023 — 7:00 PM
IKenai City Council Chambers
KENA210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
"Telephonic/Virtual Info Page 2**
Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
5. *Excused Absences
*All items listed with an asterisk (*) are considered to be routine and non -controversial by the
Commission and will be approved by one motion. There will be no separate discussion of these
items unless a Commission Member so requests, in which case the item will be removed from
the Consent Agenda and considered in its normal sequence on the agenda as part of the
General Orders.
B. APPROVAL OF MINUTES
1. *Regular Meeting of December 28, 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 PZ2023-01 — A Request by Joe Rizzo for a Conditional Use Permit to Allow a
Performing Arts Center on the Eastern Portion of the Property Described as Tract 4A of
Baron Park 2020 Replat, Located at 450 Marathon Road in the Light Industrial (IL) Zone.
2. Action/Approval —Recommending the Kenai City Council Enact Ordinance No. 3332-2023
— Amending Kenai Municipal Code Section 3.10.070-Livestock within the City Limits, to
Allow a Maximum of Twelve (12) Chicken Hens to be Kept on Certain Lots Less than 40,000
Square Feet within the City of Kenai.
Kenai Planning & Zoning Commission — Page 1 of 2
Regular Meeting
January 25, 2023
Page 1
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. Action/Approval — Time Extension for Compliance with the Conditional Use Permit
Conditions in Resolution PZ2021-38.
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. Next Meeting: February 8, 2023
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/l/81983082301 OR Call: (253) 215-8782 or (301) 715-8592
Meeting ID: 819 8308 2301 Passcode: 978907 Meeting ID: 819 8308 2301 Passcode: 978907
Kenai Planning & Zoning Commission — Page 2 of 2
Regular Meeting
January 25, 2023
Page 2
KENAI PLANNING & ZONING COMMISSION —
REGULAR MEETING
DECEMBER 28, 2022 — 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
CHAIR JEFF TWAIT, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai Planning & Zoning Commission was held on December 28, 2022, in City
Hall Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:00 p.m.
1. Pledge of Allegiance
Chair Twait led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Commissioners present:
Commissioners absent:
Staff/Council Liaison present
A quorum was present.
3. Agenda Approval
J. Twait, G. Woodard, J. Halstead, G. Greenberg, J. Glendening
D. Fikes, J. Coston
Planning Director L. Mitchell, Vice Mayor J. Baisden, Deputy Clerk
M. Thibodeau
MOTION:
Vice Chair Halstead MOVED to approve the agenda as presented. Commissioner Woodard SECONDED
the motion. There being no objection; SO ORDERED.
4. Consent Agenda
MOTION:
Vice Chair Halstead MOVED to approve the consent agenda. Commissioner Woodard SECONDED the
motion. There being no objection; 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 — J. Coston
B. APPROVAL OF MINUTES
1. *Regular Meeting of December 14, 2022
Approved by the consent agenda.
C. SCHEDULED PUBLIC COMMENTS — None.
Planning & Zoning Commission Meeting Pag
December 28, 2022 Page 3
D. UNSCHEDULED PUBLIC COMMENTS — None.
E. CONSIDERATION OF PLATS — None.
F. PUBLIC HEARINGS
1. Resolution PZ2022-27 — A request by Michael Campanella for an Encroachment Permit
for a Side Yard Setback Reduction on the property described as Lot 7, Block 2, Kenai
Peninsula Estates Subd. Part 2, located at 910 Salmon Run Drive in the Rural Residential
(RR) Zone.
MOTION:
Commissioner Greenberg MOVED to adopt Resolution PZ2022-27. Commissioner Glendening
SECONDED the motion.
Planning Director Mitchell presented her staff report with information provided in the packet explaining
that the applicant is requesting an encroachment permit for a side yard setback reduction. Clarification
was provided that the current use is a single-family dwelling, and the proposed two-story addition would
encroach about three feet into the required 15 foot side setback, leaving twelve feet between the addition
and the north property line. The criteria for encroachment permits was reviewed; it was noted the
application met the criteria and City staff recommends approval subject to the following conditions:
1. Applicant must comply with all federal, State of Alaska, and local regulations.
2. Applicant must obtain a building permit issued by the Building Official.
Chair Twait opened for public hearing. There being no one wishing to be heard, the public hearing was
closed.
Clarification was provided that the encroachment is only one corner of the northeast portion of the
addition encroaches and not the entire length of the structure, that it has been built but not finalized,
and that the application was submitted after the applicants had been notified by the Building Inspector
of the need for this permit.
Questions were raised about the accuracy of the distance of the encroachment as seen in the survey,
and it was clarified that the Building Inspector will verify the measurements on site during the final
inspection. Further discussion involved toleration of variance in surveying, whether the applicant had
submitted for a building permit, and consideration of an additional condition requiring an as -built.
VOTE:
YEA: Woodard, Greenberg, Glendening, Twait, Halstead
NAY: None.
MOTION PASSED UNANIMOUSLY.
G. UNFINISHED BUSINESS — None.
H. NEW BUSINESS
1. Action/Approval - Time Extension for Compliance with the Conditional Use Permit
Conditions in Resolution PZ2021-44.
MOTION:
Commissioner Greenberg MOVED to approve a Time Extension for Compliance with the Conditional Use
Permit Conditions in Resolution PZ2021-44. Commissioner Halstead SECONDED the motion.
Planning Director Mitchell presented her staff report explaining that Resolution PZ2021-44 had been
approved by the Planning & Zoning Commission the previous year, granting the applicant a Conditional
Planning & Zoning Commission Meeting Pag
December 28, 2022 Page 4
Use Permit (CUP) for a standard marijuana cultivation facility. The conditions of the permit stipulated
that the applicant must get a building permit or establish the use within the year, or the permit would
lapse; the applicant has requested additional time to comply with these conditions. It was noted that
the applicant had already submitted a landscape site plan and building permit application which are
under review, and that staff expects these conditions to be accomplished within the next few weeks.
It was noted that the applicant was actively working towards meeting the conditions.
VOTE:
YEA: Glendening, Twait, Halstead, Woodard, Greenberg
NAY: None.
MOTION PASSED UNANIMOUSLY.
PENDING ITEMS — None.
J. REPORTS
City Council — Vice Mayor Baisden reported on the actions of the December 21, 2022 City
Council Meeting, and noted that the City Manager employment agreement had been
finalized with Terry Eubank.
2. Kenai Peninsula Borough Planning — None.
3. City Administration — Planning Director Mitchell reported on the following:
• Conditional Use Permit annual reports: 49 received, over 100 pending. She will be
looking thoroughly at the reports to determine compliance, and sending notices to
inactive CUPs which may result in more requests for time extensions.
• Would like the commission to provide written budget goals for the Planning & Zoning
Department.
• Code cleanups will be brought to the commission more regularly; asked commissioners
to notify her if they see any areas that need revision.
• Bluff Project update: Kenai is officially part of the National Floodplain Insurance
Program.
• There is no longer a planning assistant on staff.
K. ADDITIONAL PUBLIC COMMENTS — None.
L. INFORMATION ITEMS — None.
M. NEXT MEETING ATTENDANCE NOTIFICATION
1. Next Meeting Date: January 11, 2023
N. COMMISSION COMMENTS & QUESTIONS
Commissioner Glendening thanked staff for bringing issues to the commission's attention. Suggested the
commission look at last year's budget to see what the concerns are.
Commissioner Woodard wished everyone a happy New Year.
Vice Chair Halstead agreed that the Planning Director has been doing a phenomenal job and has a lot on
her plate.
Commissioner Greenberg stated that it is great to see the CUP report included in the packet, and thanked
Planning Director Mitchell.
Planning & Zoning Commission Meeting Pag
December 28, 2022 Page 5
Chair Twait noted that some of the businesses on the CUP report may still be in operation, and wished
everyone a happy New Year.
O. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:36 p.m.
Minutes prepared and submitted by:
Meghan Thibodeau
Deputy City Clerk
Planning & Zoning Commission Meeting Pag
December 28, 2022 Page 6
j 7/
71
C-1
KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2023-01
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A CONDITIONAL USE PERMIT FOR A PERFORMING ARTS CENTER.
APPLICANT: Joe Rizzo
PROPERTY ADDRESS: 450 Marathon Road
LEGAL DESCRIPTION: Tract 4A of Baron Park 2020 Replat
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04501061
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on December 9, 2022; and,
WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit
have been met pursuant to Kenai Municipal Code 14.20.150; and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing on January 18, 2023, following requirements outlined in Kenai Municipal Code
14.20.280 for public hearings and notifications.
WHEREAS, the Planning and Zoning Commission finds:
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, -
Findings The proposed use is consistent with the purpose of the Kenai Zoning Code and
Land Use Table. The land use table indicates a theater is a conditional use; therefore, a
conditional use permit may be granted for a performing arts center.
The Light Industrial (IL) Zone is designed to provide for the development of
industrial and commercial uses which are usually compatible and which are of a
type which has no nuisance effects upon surrounding property, or which may be
controlled to prevent any nuisance effects upon surrounding property. New
residential uses and other non -industrial uses, except as otherwise provided in
this chapter, are not permitted in this zone as principal uses because it is intended
that land classified in this zone be reserved for industrial and commercial
purposes, and because the IL zone is not suited to the excluded uses.
The proposed use is permitted in the zone with an approved conditional use permit. A
performing arts center is an appropriate commercial use in the zone as it is a compatible
Resolution No. PZ2023-01
Page 2 of 4
use with the adjacent public park. The proposed number of provided parking space
exceeds the minimum parking requirements for a theater. It is not anticipated that the
proposed use will have any nuisance effects upon the surrounding properties.
2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired;
Findings: The economic and noneconomic value of adjacent properties would not be
significantly impacted by this change. Most of the surrounding properties are city -owned
with the following surrounding uses: institutional, industrial, commercial, and recreational.
It is anticipated that most of the activities/events at the performing arts center would occur
after business hours; therefore, the proposed use would not significantly impair the
economic and noneconomic value of the adjoining properties and neighborhood as the
surrounding uses encompass a variety of land use types.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject
property with the Industrial land use classification. The Industrial Land Use Classification
is defined in the Comprehensive Plan:
Industrial is intended for a variety of light and heavy industrial uses such as:
warehousing, trucking, packaging, distribution, production, manufacturing,
processing, marine -related industry and storage, and similar industrial activities.
Public water and sewer; utilities; and safe, convenient vehicular access are
required or planned. Because uses generate noise, odors and emissions typically
at a higher level than other land uses, measures should be taken to minimize
conflicts with adjacent non -industrial uses. Buffers between industrial uses and
adjacent non -industrial uses are desirable.
The surrounding uses are not primarily industrial but recreational and commercial. The
proposed use would be compatible with the existing uses and would not require any buffer
between surrounding uses.
As stated by the applicant, the enterprise will not only bring the arts to Kenai for both
children and adults but will add greatly to the economic development of the City of Kenai.
In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and
Implementation", several goals and objectives are met from the proposed use.
Goal 1 — Quality of Life is to promote and encourage quality of life in Kenai.
Objective Q-1: Establish siting and design standards so that development is in
harmony and scale with surrounding uses.
Goal 2 — Economic Development is to provide economic development to support the
fiscal health of Kenai.
Objective ED-9: Capitalize on the tourism industry by marketing Kenai as a
destination for recreational activities, conventions, festivals, arts, cultural and other
events.
Page 8
Resolution No. PZ2023-01
Page 3 of 4
Goal 3 — Land Use is to develop land use strategies to implement a forward -looking
approach to community growth and development.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Findings: City water and sewer run beneath most of the constructed loop of Daubenspeck
Road, a paved road. There are adequate public services and facilities to serve the
proposed use.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Findings: A performing arts center will not be harmful to public safety, health, or welfare.
The proposed plans show a single driveway access to the parking lot along the east
property line. The single access point reduces the interruption of the traffic flow along
Daubenspeck Road. The proposed development will provide sidewalks and lighting to the
area. The proposed use will not negatively affect the public safety, health or welfare.
6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission
to fulfill the above -mentioned conditions should be met by the applicant. These may
include, but are not limited to, measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the proposed
use.
Findings: The proposed use is not anticipated to have any adverse impacts on the
surrounding properties as most of the activities/events will occur in the evening and the
adjacent uses are recreational. Specific conditions are not deemed necessary to fulfill the
above -mentioned conditions.
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 Joe Rizzo for a Performing Arts Center on
approximately 2 acres of the eastern portion of the property described as Tract 4A of
Baron Park 2020 Replat, and located at 450 Marathon Road.
Section 2. That the conditional use permit is subject to the following conditions:
1. Any development or use of the property shall comply with all applicable Federal, State of
Alaska, and City regulations regardless of whether or not the requirements are listed as
conditions for the approval of the Conditional Use Permit.
2. Upon request, the applicant or applicant's representative shall meet with City staff for an
on -site inspection.
3. Prior to issuance of a building permit, a landscape/site plan must be reviewed and
approved by the Planning and Zoning Department.
Page 9
Resolution No. PZ2023-01
Page 4 of 4
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 25T" DAY OF JANUARY, 2023.
JEFF TWAIT, CHAIRPERSON
ATTEST:
Meghan Thibodeau, Deputy City Clerk
STAFF REPORT
�. PLANNING &ZONING DEPARTMENT
KF_NA1
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: January 20, 2023
SUBJECT: Resolution No. PZ2023-01 — Conditional Use Permit — Performing Arts
Center
Request The applicant is proposing a performing arts center.
Staff Adopt Resolution PZ2023-01 approving a Conditional Use Permit for a
Recommendation performing arts center.
Applicant
Property Owner
Legal Description
Property Address
KPB Parcel No.
Lot Size
Zoning
Current Use
Land Use Plan
SUMMARY
Joe Rizzo
City of Kenai
Tract 4A of Baron Park 2020 Replat
450 Marathon Road
04501061
Approximately 2 Acres of the 5.844 Acres Lot
Light Industrial (IL)
Vacant
Industrial
The applicant has requested a conditional use permit for a performing arts center with an audience
of up to 150 people. The proposed use will be on approximately 2 acres of the eastern portion of
the city -owned parcel. The subject parcel is vacant.
The proposed plans would be to construct a 2-story building with an approximate gross floor area
of 7,726 square feet. The overall building is a modern design with multiple asymmetrical single -
plane roofs. The exterior materials would consist of pre -finished metal siding, composite panel
system, aluminum windows, and a standing seam metal roof. The approximate number of
provided parking spaces is 63, where a minimum of 40 parking spaces is required. A single
driveway access would be provided along the east property line.
City Council enacted Ordinance No. 3219-2021 to conditionally donate the approximate 2-acre
parcel for a performing arts center with stipulations that have been extended for completion of
improvements under Ordinance No. 3314-2022. One of the stipulations require a preliminary plat
to subdivide the parcel.
ANALYSIS
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. Prior to granting a conditional use permit, the Commission shall determine
that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits Review
Criteria are met.
Criteria 1: The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
Findings: The proposed use is consistent with the purpose of the Kenai Zoning Code and
Land Use Table. The land use table indicates a theater is a conditional use; therefore, a
conditional use permit may be granted for a performing arts center.
The Light Industrial (IL) Zone is designed to provide for the development of
industrial and commercial uses which are usually compatible and which are
of a type which has no nuisance effects upon surrounding property, or
which may be controlled to prevent any nuisance effects upon surrounding
property. New residential uses and other non -industrial uses, except as
otherwise provided in this chapter, are not permitted in this zone as
principal uses because it is intended that land classified in this zone be
reserved for industrial and commercial purposes, and because the IL zone
is not suited to the excluded uses.
The proposed use is permitted in the zone with an approved conditional use permit. A
performing arts center is an appropriate commercial use in the zone as it is a compatible
use with the adjacent public park. The proposed number of provided parking space
exceeds the minimum parking requirements for a theater. It is not anticipated that the
proposed use will have any nuisance effects upon the surrounding properties.
Criteria 2: The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired.
Findings: The economic and noneconomic value of adjacent properties would not be
significantly impacted by this change. Most of the surrounding properties are city -owned
with the following surrounding uses: institutional, industrial, commercial, and recreational.
It is anticipated that most of the activities/events at the performing arts center would occur
after business hours; therefore, the proposed use would not significantly impair the
economic and noneconomic value of the adjoining properties and neighborhood as the
surrounding uses encompass a variety of land use types.
Criteria 3: The proposed use is in harmony with the Comprehensive Plan.
Findings: The Land Use Plan, from the 2016
RELEVENT GOALS
Comprehensive Plan, identifies the subject property
with the Industrial land use classification. The Industrial
In Imagine Kenai 2030
Land Use Classification is defined in the
Comprehensive Plan, Chapter
Comprehensive Plan:
6, "Goals, Objectives, and
Implementation", several goals
Industrial is intended for a variety of light and
and objectives are met from the
heavy industrial uses such as: warehousing,
proposed use.
trucking, packaging, distribution, production,
manufacturing, processing, marine -related
Goal 1 — Quality of Life is to
industry and storage, and similar industrial
promote and encourage quality of
activities. Public water and sewer, utilities; and
life in Kenai.
safe, convenient vehicular access are required or
planned. Because uses generate noise, odors
Objective Q-1
Establish siting and design
and emissions typically at a higher level than
standards so that development is
other land uses, measures should be taken to
in harmony and scale with
minimize conflicts with adjacent non -industrial
surrounding uses.
uses. Buffers between industrial uses and
adjacent non -industrial uses are desirable.
Goal 2 — Economic Development is
to provide economic development
The surrounding uses are not primarily industrial but
to support the fiscal health of
recreational and commercial. The proposed use would
Kenai.
be compatible with the existing uses and would not
require any buffer between surrounding uses.
Objective E
Capitalize onn the tourism industry
by marketing Kenai as a
As stated by the applicant, the enterprise will not only
destination for recreational
bring the arts to Kenai for both children and adults but
activities, conventions, festivals,
will add greatly to the economic development of the
arts, cultural and other events.
City of Kenai.
Goal 3 — Land Use is to develop
land use strategies to implement a
forward -looking approach to
community growth and
development.
Criteria 4: Public services and facilities are adequate to serve the proposed use.
Findings: City water and sewer run beneath most of the constructed loop of
Daubenspeck Road, a paved road. There are adequate public services and facilities to
serve the proposed use.
Criteria 5: The proposed use will not be harmful to the public safety, health or welfare.
Findings: A performing arts center will not be harmful to public safety, health, or welfare.
The proposed plans show a single driveway access to the parking lot along the east
property line. The single access point reduces the interruption of the traffic flow along
Daubenspeck Road. The proposed development will provide sidewalks and lighting to the
area. The proposed use will not negatively affect the public safety, health or welfare.
Criteria 6: Any and all specific conditions deemed necessary by the Commission to
fulfill the above -mentioned conditions. 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.
Findings: The proposed use is not anticipated to have any adverse impacts on the
surrounding properties as most of the activities/events will occur in the evening and the
adjacent uses are recreational. Specific conditions are not deemed necessary to fulfill the
above -mentioned conditions.
PUBLIC NOTICE
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. City staff
submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the
public hearing for the conditional use permit request.
No public comments have been received.
STAFF RECOMMENDATION
Staff finds that the proposed use 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 adopt Resolution PZ2023-01 approving
the Conditional Use Permit, subject to the following conditions:
Any development or use of the property shall comply with all applicable Federal, State of
Alaska, and City regulations regardless of whether or not the requirements are listed as
conditions for the approval of the Conditional Use Permit.
2. Upon request, the applicant or applicant's representative shall meet with City staff for an
on -site inspection.
3. Prior to issuance of a building permit, a landscape/site plan must be reviewed and
approved by the Planning and Zoning Department.
ATTACHMENTS
Aerial Map
Application
Plans
KENAI
Resolution PZ2023-01
Conditional Use Permit
450 Marathon Road
KPB Parcel ID: 04501061
Date Printed: 1/20/2023
N Map for Reference Only
NOT A LEGAL DOCUMENT
A
0 250 500 1,000 Feet
Page 15
City of Kenai
Planning and Zoning department
Conditional Use Permit 210 Fidalgo Avenue
Kenai, AK 99611
Application (907) 283-8200
planning@kenai.city
ww. kena i. citylplan ning
a ■ +N
Name:
City of Kenai
Mailing Address:
210 Fidalg❑ Ave
City:
Kenai
State:
Alaska
JZip Code:
199611
Phone Numbers):
Email:
Name:
Alaska Children's Institute for the Performing Arts
Mailing Address:
PO Sox 322
City:
Kenai State: JAIaska
Zip Code:
199611
Phone Number(s):
(907) 394-1159
Email:
hereliesdrama@hotrnail.com
Kenai Peninsula Borough Parcel # (Property Tax ID):
104501061
Physical Address:
Legal Description:
Track 4A Baron Park 2020 Replatt
Zoning:
Acres:
CONDITIONAL USE DESCRIPTION
(include site planifloor plan with square footages)
nclude State Business License and KPB Tax Compliance if applicable)
How is this property currently being used? Vacant Lot
Conditional Use Requested for (attach additional sheets if necessary):
The erecting of a performing arts center.
Explain how the conditional use is consistent with purposes and intent of the zoning district of the property:
This commercial building will be consistent with surrounding buildings that are also used for commercial
use. No residential homes are in this area. -
Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional
use:
The theater will not impair adjoining properties because the majority of use of this performing arts center
will be after business hours. Additionally, adequate parking is included -in the- design- and
property.
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:
Part of the City's comprehensive plan is to develop the arts. This enterprise will not only bring the arts to Kenai
for both children and adults but will add greatly to the economic development of the City of Kenai.
Performances, children's programs, etc will bring many people to Kenai who in turn wiii patronize restaurants,
stores, etc.
Are public services and facilities on the property adequate to serve the proposed conditional use?
Yes.
Explain how the conditional use will not be harmful to public safety, health, or welfare:
This facility will have adequate parking so there will be no need for patrons to park on the roadway.
Additionally, the design will be ADA compliant and have exterior sidewalks, lighting, etc.
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?
Since the majority of the use of this facility (audiences attending plays and other arts events) occur in the
evenings, that will certainly lessen the potential impact of operations impacting neighbors.
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.
Signature:
f
Date: J��p
Print Name:
TitlelBusiness:
For City Use Only pate Application Fee Received: rl/9r2-7-
PZ Resolution Number,
Triumvirate Theatre Date: 7.27.2021
Conceptual Design Narrative and Code Information
General Description:
The proposed Triumvirate Theatre is designed to house live performing events with an audience up to one
hundred and fifty people. The Triumvirate Theatre group has worked with the city of Kenai to secure roughly 2
acres of land in the middle of the city adjacent to a city owned park in the commercial district.
Site Information:
The site is located near the intersection of Marathon Road and Daubenspeck Road. The lot is currently
undeveloped, native ground and relatively flat in topography. We expect three feet of organics will need to be
removed and replaced with NFS fill at all building and parking locations. The roughly two acre lot can
accommodate 63 parking spaces as well as a loading zone for the theatre. Daubenspeck Road is paved and
has water, sewer, power and telephone located in the right of way.
Foundation:
The building will be founded on a concrete thickened edge footing system with a 4" concrete slab on grade
throughout the building. Where needed, spread footings shall be provided for interior steel columns.
Exterior Wall Construction:
The exterior walls shall be dimensional wood framing at 6 inches and 8 inches, filled with minimum R-21
continuous batt insulation. Vapor barrier and 5/8" gypsum wall board will be installed on the interior side.
Exterior side of the wall will consist of 5/8" sheathing, weather barrier and pre -finished metal siding. At some
areas a composite panel system will be used to highlight public areas.
Roof Construction:
Pre -fabricated wood trusses shall be utilized to span the exterior walls and 5/8" plywood sheathing shall provide
shear for the roof system. The plywood will be protected with ice and water shield, then covered by a pre -
finished, standing seam metal roof.
Doors and Windows:
All windows shall be 4 inch or 6 inch aluminum windows, with glazed 1-inch, insulated glass units. Exterior doors
shall be insulated steel doors, galvanized and custom painted. Interior doors, fire -rated or non -fire -rated doors
will be solid core wood doors with wood veneer faces. All door frames will be hollow metal, painted.
Interior Finishes:
• Flooring — Carpet tile: 24" x 24" in theater, offices, lobby hallways and balcony areas.
• Concrete — Polished concrete in bathrooms and sealed concrete in accessory spaces.
• Paint — Gypsum wall board — No VOC Latex paint. Metal — Acrylic Direct to Metal. Wood — Clear Acrylic
• Ceilings — The majority of the ceilings shall be suspended ceiling tile. Linear wood ceilings shall be used
in limited public locations as design elements.
Theatre Design:
The theatre interior shall have appropriate lighting, acoustics and sound system throughout. Special care will be
used when designing each system to account for live performances as well as motion pictures. The theatre
floor shall be a gentle sloping floor to the stage allowing for good sight lines between fixed seats. The stage will
be made supported by wood framing, sheeted and painted black.
K+A designstudios
Architecture + Planning
WWW.KA-DESIGNSTUDIOS.COM Page 18
Triumvirate Theatre
Conceptual Design Narrative and Code Information
Date: 7.27.2021
Mechanical Systems:
The heating and cooling systems will be provided from ground mounted HVAC units through routed through the
plenum space in the building. The building will also have a boiler system to provide additional heat to the
building through cabinet unit heaters and baseboard heat. The boiler will also provide heat to hot water and the
public sidewalks.
Fire Prevention:
The building will be equipped with an automatic fire suppression system as well as a manual fire alarm. The
building is adjacent to a city water main, which will be tied into for fire water.
Electrical Systems:
The theatre will have access to 3-phase power form the adjacent street which will feed the air -handlers and
theatre required lighting and sound. We look forward to working with a lighting and sound specialist to design
these systems. The general area lighting and support spaces will be designed by the electrical engineer. Site
lighting will be provided by light poles throughout the parking lot.
2012 International Building Code Information:
Construction Type: V-B
Occupancy Type: A-2
Building Area: Story 1: 6,590 S.F.
Story 2: 1,136 S.F.
Total Area: 7,726 S.F.
Building Height: 2 stories under 40 feet tall
Sprinkler System: Provided
Manual Fire Alarm System: Provided
K+A designstudios
Architecture + Planning
WWW.KA-DESIGNSTUDIOS.COM Page 19
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City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: January 20, 2023
SUBJECT: Action/Approval — Recommending the Kenai City Council Enact
Ordinance No. 3332-2023 — Amendment of KMC Section 3.10.070 -
Livestock within City Limits
At their regular meeting held on January 4, 2023, City Council referred Ordinance No. 3332-2023
to Planning and Zoning Commission for a recommendation. Ordinance No. 3332-2023 is an
amendment to Kenai Municipal Code (KMC) Section 3.10.070-Livestock within the City Limits, to
allow a maximum of twelve (12) chicken hens to be kept on certain lots less than 40,000 square
feet within the City of Kenai.
Please find the attached memo from Council Member Douthit on Ordinance No. 3332-2023, the
Ordinance that would make these amendments, along with the Ordinance itself. Technical
corrections have been identified within Ordinance No. 3332-2023 and will be forwarded to the
Council for correction during their meeting on February 1, 2023.
Pursuant to KMC 14.20.280(b) and (c) notice of the public hearing was published in the Peninsula
Clarion on January 18, 2023 and posted in three (3) public places. Attached are public comments
received before the publication of the agenda packet.
The commission may make a recommendation to enact the ordinance, enact it with modifications
recommended by the commission, or to not enact the ordinance.
The commission is not making a final decision, so the commission action is not subject to appeal.
Attachments
Memo from Council Member Douthit
Memo from City Clerk
Public Comments
KENAI
City a{ Kenai 1210 Fidalgo Ave, Kenai, Aft 99611-7794 1907.283.75351 wwwkenai.city
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Council Member Alex Douhit
DATE: December 29, 2022
SUBJECT: Ordinance No. 3332-2023 Amending KMC Section 3.10.070-Livestock
Within the City Limits
This Ordinance addresses proposed changes to KMC Section 3.10.070 that will allow a relatively
small number of chicken hens to be kept on certain lots within the city limits. Under the current
ordinance, the keeping of chicken hens on lots less than 40,000 square feet is prohibited.
Residents have expressed an interest in keeping chicken hens on lots less than 40,000 square
feet to provide a supply of fresh eggs. The raising of chicken hens for their eggs helps to promote
food security in our community.
The proposed changes will allow a maximum of 12 chicken hens to be kept on lots less than
40,000 square feet except for the following zones: RU, RS1, RS2, and TSH, these four zones
uniquely prohibit the keeping of any livestock regardless of lot size. Attached is a map of where
chicken hens will be permitted under the proposed amendment. The proposed changes also
includes specific conditions under which the keeping of chicken hens will be permitted.
Your consideration is appreciated.
City of Kenai
KMC 3.10.070-Livestock within city limits
Proposed Amendment to Allow
Chicken Hens on Certain Lots
Less than 40,000 Square Feet
Proposed Amendment to Allow Chicken Hen!
Lots Less Than 40,000 SF (3,307)
=Livestock are Permitted
=Prohibited Zones (RU, RS1, RS2, and TSH)
0
0.5 1
2 Miles
Thi raphic representation
onl page 27 of Kenai assumes no
res errors on this map.
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Fri
Sponsored by: Council Member Douthit
KENAI
CITY OF KENAI
ORDINANCE NO. 3332-2023
AN ORDINANCE AMENDING KENAI MUNICIPAL CODE SECTION 3.10.070-LIVESTOCK WITHIN
THE CITY LIMITS, TO ALLOW A MAXIMUM OF TWELVE (12) CHICKEN HENS TO BE KEPT ON
CERTAIN LOTS LESS THAN 40,000 SQUARE FEET WITHIN THE CITY OF KENAI.
WHEREAS, the keeping of chicken hens within the City of Kenai on lots less than forty thousand (40,000)
square feet and in the Urban Residential (RU), Suburban Residential 1 (RS1) Suburban Residential 2
(RS2), and Townsite Historic (TSH) zoning districts is currently prohibited; and,
WHEREAS, residents have expressed an interest in keeping chicken hens on lots less than forty
thousand (40,000) square feet for personal use; and,
WHEREAS, outside the RU, RS1, RS2, and TSH zoning districts, a relatively small number of chicken
hens may be kept within populated areas of the City without causing an unreasonable risk of nuisance
or wild animal attractant if the hens are properly located, contained, managed and maintained; and,
WHEREAS, twelve (12) chicken hens or less is a reasonable number to provide a household with eggs
without having too high a density of chickens, which could increase the likelihood of causing a nuisance
or wild animal attractant.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of Section 3.10.070 of Kenai Municipal Code: That Kenai Municipal Code,
Section 3.10.070, Livestock within the city limits, is hereby amended as follows:
3.10.070 Livestock within the city limits.
(a) Except as otherwise provided in this section, no person shall keep or maintain livestock within the
City of Kenai.
(b) No livestock shall be allowed in the RU, RS1, RS2 or TSH zones.
([B]c) Except in the RU, RS1, RS2, or TSH zones, [L]livestock, other than bees, may be kept on lots of
forty thousand (40,000) square feet or greater. [NO LIVESTOCK SHALL BE ALLOWED IN THE
RU, RS1, RS2 OR TSH ZONES. ANIMALS RAISED FOR A FUR -BEARING PURPOSE ARE
NOT ALLOWED IN ANY ZONE. BEEKEEPING WILL BE RESTRICTED AS DESCRIBED IN
SUBSECTION (G).]
The keeping of chicken hens on lots less than forty thousand (40,000) square feet will be
subject to the standards in subsection (k).
(2) Animals raised for a fur -bearing purpose are prohibited within the city limits.
(3) Beekeeping will be restricted as described in subsection (1).
([c]d) In this section "livestock" is defined as the following animals:
(1) Cow
TEXT BRACKETED]
Ordinance No. 3332-2023
Page 2 of 4
(2)
Horse
(3)
American bison
(4)
Llama
(5) Alpaca
(6) Sheep
(7) Swine
(8) Goat
(9) Mule
(10) Donkey
(11) Ratite
(12) Duck
(13) Goose
(14) Chicken
(15) Turkey
(16) Rabbit
(17) Honey bees (Apis mellifera)
([D]e) (1) Except for the RS1, RS2, RU, TSH zone(s), the Chief Animal Control Officer may issue
temporary permits of not more than fourteen (14) days for the keeping of livestock not otherwise
allowed for public exhibitions or entertainment events. The Chief Animal Control Officer may
impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene.
The permit may be revoked for a violation of the conditions of the permit or pertinent section of
the Kenai Municipal Code. The City may charge a permit fee, which fee shall be as set forth in
the City's schedule of fees adopted by the City Council.
(2) Except in the RU zone, the Chief Animal Control Officer may, after notifying adjoining property
owners in writing and allowing reasonable time for comment, issue a permit for the keeping of
livestock for educational or youth activities, such as 4-H, Future Farmers of America, or Boy/Girl
Scouts on lots not otherwise eligible under this section. The permit shall state the duration of
the permit, which shall not exceed two (2) years, and the type and number of livestock to be
kept. The Chief Animal Control Officer may impose conditions on the permits as reasonably
necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the
conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or revocation
of a permit may be made in writing to the board of adjustment. A permit may be renewed
following written notice and reasonable time for comment to the adjoining property owners. The
City may charge a permit fee, which fee shall be as set forth in the City's schedule of fees
adopted by the City Council.
([E]f) Lots on which livestock are kept on the effective date of the ordinance codified in this section
which are not eligible for the keeping of livestock under this section shall be considered a non-
conforming use of land under KMC 14.20.050. No new or replacement livestock may be kept or
introduced on such lots after the effective date of the ordinance codified in this section. Offspring
of livestock allowed as a non -conforming use under this section may be kept on such lots only
until they are old enough to be relocated to a site conforming to this section or outside of the
city limits.
New Text Underlinl p, o �o p TEXT BRACKETED]
Ordinance No. 3332-2023
Page 3 of 4
([F]g) Except as set forth in subsections ([G]h) and i , below, corrals, pens, hutches, coops, fences or
other animal containment structures must have a minimum setback of twenty-five feet (25') from
the property's side yards, fifty feet (50) from the front yard, and ten feet (10') from the back yard.
All animal containment structures must be secure and in good repair.
(h) The keeping of chicken hens on lots less than forty thousand (40,000) square feet is allowed,
except in the RU, RS1, RSL, and TSH zoning districts, subject to the following standards:
(1) A maximum of twelve (12) chicken hens may be kept on lots with a permitted principal
structure.
(2) Chicken hens must be kept in an enclosed shelter or fully fenced -in at all times.
(3) Chicken coops, hutches or other fully enclosed shelters may not be located in a front yard
or side yard that abuts a street in a residential zoning district and must have a minimum
setback of fifteen feet (15') from the side yards, ten feet (10') from the rear yard, and twenty-
five feet (25') from residential dwellings on neighboring lots.
4) Fences, corral, pen, or other similar containment structures must have a minimum setback
of fifteen feet (15') from the side yards, twenty-five feet (25') from the front yard, ten feet
(10') from the rear yard, and twenty-five feet (25) from residential dwellings on neighboring
lots.
(5) All shelters or containment structures must be constructed of durable weather resistant
materials, secured, and kept in good repair.
(6) No person may slaughter chickens on -site except when in an area of the property not visible
to the public or adjoining properties.
(7) Chicken hens may not be kept in such a manner as to constitute a public nuisance as
defined by Kenai Municipal Code.
(8) The keeping of chicken hens must be consistent with terms of this title and does not in or
of itself constitute a nuisance or a disturbance.
([G]i) No person may keep honey bees, Apis mellifera, in a manner that is inconsistent with the
following requirements or that is inconsistent with any other section of this code.
(1) Colonies shall be managed in such a manner that the flight path of bees to and from the
hive will not bring the bees into contact with people on adjacent property. To that end,
colonies shall be situated at least twenty-five feet (25') from any lot line not in common
ownership; or oriented with entrances facing away from adjacent property; or placed at
least eight feet (8') above ground level; or placed behind a fence at least six feet (6') in
height and extending at least ten feet (10') beyond each hive in both directions.
(2) No person shall keep more than four (4) hives on a lot of ten thousand (10,000) square feet
or smaller, nor shall any person keep more than one (1) additional hive for each additional
two thousand four hundred (2,400) square feet over ten thousand (10,000) on lots larger
than ten thousand (10,000) square feet.
(3) It shall be a violation for any beekeeper to keep a colony or colonies in such a manner or
in such a disposition as to cause any unhealthy condition to humans or animals.
(4) Beekeepers shall take appropriate care according to best management practices when
transporting hives of bees. Bees being transported shall have entrance screens or be
secured under netting.
(5)
The term "hive" as used in this section means the single structure intended for the housing
of a single bee colony. The term "colony" as used in this section means a hive and its
equipment and appurtenances, including bees, comb, honey, pollen, and brood.
TEXT BRACKETED]
Ordinance No. 3332-2023
Page 4 of 4
[(H) A PERSON SEEKING RELIEF FROM THE PROVISIONS OF THIS SECTION MAY APPLY FOR A CONDITIONAL
USE PERMIT UNDER KMC 14.20.150.]
Section 2. 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 3. 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 18T" DAY OF JANUARY, 2023.
ATTEST:
Michelle M. Saner, MMC, City Clerk
Brian Gabriel Sr., Mayor
Introduced:
January 4, 2023
Enacted:
January 18, 2023
Effective:
February 17, 2023
TEXT BRACKETED]
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City of Kenai 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
MEMORANDUM
TO: Chair Twait and Planning Commission Members
FROM: Shellie Saner, City Clerk
DATE: January 18, 2023
SUBJECT: City Council Ordinance No. 3332-2023 - Technical Corrections
Technical corrections have been identified within Ordinance No. 3332-2023, the following
technical amendments will be forwarded to the Council for correction during their meeting on
February 1, 2023:
• Section 1, paragraph c. 1. References subsection (k); the reference should be to
subsection (h).
• Section 1 paragraph c. 3.: References subsection (1); the reference should be to
subsection (i).
• Section 1 paragraph h: Exception RSL should be RS2.
January 17, 2023
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Kenai Planning and Zoning Commission, City Council, and Mayor Gabriel,
Subject: Opposition to Ordinance No. 3332-2023
Allowing for Chickens to be Kept on Lots Less Than 40,000 s.f.
I urge the city council to NOT support Ordinance No. 3332-2023. 1 am opposed to
Ordinance No. 3332-2023 which would allow chickens to be kept on lots less than 40,000 s.f. in a
densely populated residential zone. I live in a residential neighborhood that is zoned RS (The Woodland
Subdivision). I would like the city council to continue to preserve the character and integrity of our
residential neighborhoods. Allowing chickens to be kept in a residential neighborhood like the
Woodland Subdivision would cause great angst among neighbors. When I bought my house in 1988 1
deliberately chose a lot in a residential neighborhood because I didn't want to live next to farm animals,
a pack of sled dogs, a gravel pit, or other disruptive nuisances and I certainly didn't want to five next
door to where chickens could be slaughtered. If I wanted to live in an area with less regulations, I could
have bought property outside city limits as there is plenty of lots to pick from. I enjoy the amenities that
the City of Kenai has to offer and I don't want to see the character and integrity our residential
neighborhoods compromised.
In a memorandum from Council Member Alex Douthit, dated December 29, 2022 two reasons were
given for the proposed code changes: 1) Provide a supply of fresh eggs, and 2) Promote food security.
Until recently, I have never had a problem with buying fresh eggs from the local grocery stores. As for
food security we first need to understand what it is. One definition of food security is this:
"The state of having reliable access to a sufficient quantity of affordable, nutritious food." By that
definition I don't see a problem in our community. We have three grocery stores in the City of Kenai
which seem to provide reliable access to a sufficient quantity of food. If the City of Kenai wants to
address food security then maybe it would be better to establish a Food Security Task Force to
recommend the best ways to address it. It seems that there are better ways to address this issue
without compromising the integrity of our peaceful residential neighborhoods. One way to address
food security without impacting one's neighbors is to grow a garden.
To bring further clarity to this issue we need to ask the right question. If you ask the question: Do you
want fresh eggs and food security then the answer is yes. But if you ask the question: Are the proposed
changes to the city code appropriate for lots less than 40,000 s.f. in a residential zone (IRS zone) then the
answer is No.
The second Whereas in Ordinance 3332-2023 is also misleading. It states that residents have expressed
an interest in keeping chickens hens on lots less than forty thousand (40,000) square feet for personal
use. While this statement may be technically true it's reallyjust a few residents that have expressed this
interest. There is no massive demand by the residents to raise chickens in residential neighborhoods.
This ordinance aims to satisfy the interest of a few residents at the expense of all others. This ordinance
reeks of an agenda to be satisfied and appears to be retaliatory in nature due to the last incident
involving chickens kept on a residential lot when neighbors expressed opposition to a Livestock Permit
for Chickens (Case No. BA-22-01, Board of Adjustment Hearing of June 20, 2022).
Page 1 of 3
The sponsor of this ordinance has clearly demonstrated that he does not know how to balance the
interests of residents in the Kenai community. The agenda that is driving this ordinance is simply bias.
Ordinance No. 3332-2023, as written, is not a balanced proposal
Currently the city code allows for chickens to be raised on 28% of the city's lots but if this ordinance
passes, then it would allow for chickens to be raised on 96% of the city's lots. This would create a
complete imbalance for those who want chickens in their residential neighborhood and those who
don't.
Facts and Figures
Total number of Kenai city lots is 4,895
Current number of lots allowed to raise chickens is 1,384 (28%)
The proposed ordinance would allow an additional 3,307 (68%) lots for raising chickens
The result of the proposed ordinance would allow a total of 4,691 (96%) lots for raising chickens
These facts and figures can be verified with City Planning Director, Linda Mitchell
Inequity Among Subdivisions
The Inlet View Subdivision (Rogers Road area) is zoned RS1 and does not allow for raising chickens. But I
live in the Woodland Subdivision, Part 4 which is zoned IRS and it does allow for raising chickens with a
conditional use permit. However, the average lots size in the Inlet View Subdivision (Rogers Road area)
is larger than the lots in my Woodland Subdivision, Part 4. These two subdivisions have similar profiles
(lot sizes, densely populated, street widths, etc.) but yet they are treated differently when it comes to
raising chickens. The lot sizes in both of these subdivisions are too small to provide adequate buffers or
practical setbacks to protect adjacent neighbors from nuisance activities. The proposed ordinance, as
written, would create further inequity among Kenai subdivisions with similar profiles. (To create equity
among similar subdivisions, see Alternative 1 and 2 below)
Reasons not to change the code:
1) The current code already allows for the raising of chickens and is adequate.
2) There are plenty of parcels outside city limits to raise chickens.
3) Ordinance No. 3332-2023 is not a balanced proposal. It only considers the will of those who want to
raise chickens in a residential area.
4) Ordinance No. 3332-2023 creates a situation where it is likely to be a breeding place for flies and
vermin. See KMC 12.10.010 (L)
5) Ordinance No. 3332-2023 invites the potential for more nuisance in our residential neighborhoods.
6) Ordinance No. 3332-2023 would change the character and integrity of our residential
neighborhoods that are currently zoned RS.
7) Ordinance No. 3332-2023 will invite more angst among neighbors.
8) Ordinance No. 3332-2023 invites the potential to attract predators into our residential
neighborhoods.
9) Ordinance No. 3332-2023 will naturally attract more rodents into the neighborhood.
10) Ordinance No. 3332-2023 invites the potential to attract domestic cats and dogs to prey on
neighborhood chickens causing more conflict among neighbors.
11) Ordinance No. 3332-2023 will circumvent the conditional use process. The conditional use process
helps to decide if a particular parcel has merit for raising chickens. The proposed ordinance is a
blanket proposal which would allow chickens to be raised on almost any lot without consideration.
Page 2 of 3
City of Soldotna
The City of Soldotna prohibits the raising of chickens in all residential zones that are less than 1% acres.
City of Soldotna Municipal Code 17.10.365 —Animals: `in the Single, Single-Family/Two-Family and
Multi -Family Residential Districts and on properties in the Rural Residential District 1% acres or less in
size, the keeping of farm or wild animals shail be prohibited..."
I urge the Kenai City Council to NOT support Ordinance No. 3332-2023 as written and consider some
sort of compromise between those who want chickens in their residential neighborhood and those who
don't.
ask the Kenai City Council to consider some alternatives.
Alternative 1: Modify the proposed ordinance as follows:
Add language to allow the raising of chickens in Part 1 and Part 2 of the Woodland Subdivision
but prohibit the raising of chickens in Part 3 and Part 4 of the Woodland Subdivision. This would
be a more.balanced proposal and preserve the character and integrity of our neighborhoods.
Parts 1 and 2 contain some lots that are large enough for more impactful activities while Parts 3
and 4 have a profile that is on par with the Inlet View Subdivision (Rogers Road area) which is
zoned RS1 and prohibits the raising of chickens.
Alternative 2: Modify the proposed ordinance to prohibit the raising of chickens in RS Zones
(Suburban Residential) as follows:
Please amend Section 1, part (b) to read as follows:
(b) No livestock shall be allowed in the RS, RU, RS1, R52 or TSH zones.
Please amend Section 1, part (h) to read as follows:
h The keeping of chickens hens on lots less than 40,000 square feet is allowed except in
the RS, RU, R51, R52 and TSH zoning districts, subiect to the following standards:
Adding the RS zone into Section 1, part (b) and part (h) above will help to preserve the character
and integrity of our residential neighborhoods.
Alternative 3: Modify the proposed ordinance as follows:
Add language that would establish a minimum lot size of 20,000 s.f. to raise chickens.
Lots that are 20,000 s.f. will be large enough to sustain more impactful activities while buffering
neighboring properties. Such lots are large enough to provide natural buffers and practical
setbacks to protect neighboring properties from impactful activities.
Any of the above alternatives would seem to be a reasonable balance between those who want chickens
in their densely populated residential neighborhood and those who don't. If no compromise can be
made then I urge the city council to NOT support Ordinance No. 3332-2023.
Sincerely,
,C06-
Daniel A. Conetta
Page 3of3
January 18, 2023
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Re: Opposition to Ordinance No. 3332-2023
To; Mayor Gabriel and Kenai City Council
Kenai Planning and Zoning Commission
Thank you to the City Council for referring this sweeping ordinance (affecting 3,307 parcels) to
the Planning and Zoning Commission. This will give the public more opportunity for notice and
comment. We wish to express our strong opposition to the passage of Ordinance No. 3332-
2023. Passage of this ordinance will dramatically change the character of our neighborhoods.
it severely limits the properties for residents who don't want to reside near chickens. Our
guess is the majority of Kenai residents would oppose it if they were aware of it and of the
impacts.
Most of the City Council was present for the .tune 20, 2022 Board of Adjustment Hearing (Case
No. BA-22-01) where we and others expressed our opposition to our adjacent neighbor's
Livestock Permit for Chickens. We purchased our home in Woodland Subdivision in 1988
(zoned Suburban Residential) because we wanted to live in a residential neighborhood. For
over two years we witnessed blatant violation of the terms of our neighbor's 2020 permit. it
wasn't until a "renewal" was applied for did Animal Control perform inspections in April 2022
and found the applicant violated not only the original permit but also the requested new
permit. In addition, fencing and structures violating the setback requirements still have not
been removed. This is a prime example of where residents did not comply with their permit. if
the current laws can't be managed, new and broader allowances won't be enforced either.
Fresh eggs can be purchased locally. We buy eggs at local businesses where sales tax is
collected to help support our community. As far as the increased cost of eggs, there is also an
increasing cost to have proper chicken coops, fencing, feed, electricity and other expenses.
It seems this ordinance intends to satisfy a few residents at the expense of many. A similar
ordinance failed in 2015.
We can attest that a dozen chickens, or several dozen chickens, are a nuisance in a densely
populated subdivision on lots smaller than 40,000 square feet. Along with elevated noise,
odors and spread of disease, there is an increased potential for predators, wild and domestic.
We think most homeowners affected by this ordinance bought their property knowing that
chickens were not a permitted land use and had an expectation that their neighbors wouldn't
have chickens either. Passage of this ordinance will pit neighbor against neighbor.
Please reject this ordinance.
Thank you for your consideration in this matter.
Sincerely,
�- /4440
Kim and Dave Howard
P.O. Box 2823
Kenai, AK 99611
Attachment: Photo from our side yard window, 3/29/22
2
January 19, 2023
Mayor Brian Gabriel and Council Members
Planning & Zoning Commission Members
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
RE: ORDINANCE NO. 3332-2023 - Amending Kenai Municipal Code Section
3.10.070-Livestock Within the City Limits, to Allow a Maximum of Twelve (12)
Chicken Hens to be Kept on Certain Lots Less Than 40,000 Square Feet Within
the City of Kenai.
Thank you for reviewing and considering amendments to Kenai Municipal Code
3.10.070, Livestock. I live in Woodland Subdivision, and due to personal experience
during 2022 as well as a neighbor's encounter with the ins and outs of the existing
ordinance, it is very apparent the Livestock ordinance sorely needs attention, as well
as monitoring of the ordinance.
My concerns with Ordinance No. 3332-2023 are listed below:
(d) -- In the listing of animals defined as "livestock," should (14) Chicken be
amended to read "(14) Chicken Hens?"
(d) -- Should "roosters" be added to animals defined as "livestock?" Definition of
chickens, i.e., the difference between chicken hens and roosters, was pointed
out during the appeal for extending a permit for keeping chickens at Hansen
Heritage Homestead during 2022.
(g) -- "All animal containment structures must be secure and in good repair."
Fairly subjective. Who will be policing these requirements?
(h) (1) -- "A maximum of twelve (12) chickens may be kept on lots with a permitted
principal structure." Add "hers" to "chickens"; perhaps reference where in
the Code "permitted principal structure" is defined to assist the public; and,
identify whether it would be the Animal Control Officer or Building Official
who would be approving the structure.
(h)(3)
& (4) -- Happy to see setbacks included, but concerned with the statement "and
twenty-five feet (25) from residential dwellings on neighboring lots." Should a
statement be included that requires a setback of containment structures
from neighboring property lines/fences? Also, who will be
inspecting/monitoring where and if containment structures have been placed
according to Code?
Mayor and Council Member
Planning & Zoning Commission Members
January 19, 2023
Page 2
(h)(5) -- "All shelters or containment structures must be constructed of durable
weather -resistant materials, secured, and kept in good repair." Who will be
policing whether these requirements are followed? If it is to be the Chief
Animal Control Officer or Building Official, then include that information.
(h) (7) -- "Chicken hens may not be kept in such a manner as to constitute a public
nuisance as defined by Kenai Municipal Code." Should where in the Code
public nuisance is defined be added? Who decides if a public nuisance is
taking place?
Add as
(h) (9) -- No keeping of chicken hens, roosters, coops, fences, containment shelters,
etc. may be situated on city -owned property without a City -approved permit
(which could require a survey taken to identify property corners and whether
any of the above are trespassing on city -owned property). (This was an issue
raised during the Hansen Homestead appeal.)
During the Hansen appeal, it was apparent follow-up was lacking as to the permitted
number of chickens (six (6) were permitted on the Hansen property and I believe it was
reported approximately 30+ were actually counted by City officials existing on the
property). Woodland Subdivision is a fairly highly populated subdivision. Even if half
of the properties decide to raise chicken hens, that a huge amount of chicken hens in
one area of the city. If passed as it is, for Animal Control to properly police the
potential amount of chickened properties in Woodland Subdivision, along with the
number of other under 40,000 sq. ft. properties within the city this ordinance will
affect, plus responsibilities already assigned, I am not sure if tighter restrictions would
be needed. And, whether additional staff will be needed which will affect the City's
overall and year -around budget.
For someone to say, "I want to raise chicken hens in my backyard" takes on year -
around responsibilities and issues. Having livestock affects more than just that
property. Not everyone lives in a subdivision within the city to now have livestock
living next door. City budgetary issues, property values; neighbors with allergies to
livestock; avian flu; predatory animals; errant neighborhood dogs; foul/fowl odors, etc.
are factors of concern to evaluate when considering Ordinance No. 3332-2023.
Th k you._
Caro . F"r�as
609 Maple Drive
Kenai, AK 99611
KENAI
City a{ Kenai 1210 Fidalgo Ave, Kenai, Aft 99611-7794 1907.283.75351 wwwkenai.city
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning DirectorA
DATE: January 19, 2023
SUBJECT: Resolution PZ2021-38 — Time Extension for a Conditional Use Permit
Resolution PZ2021-38 granted a conditional use permit for a recreational vehicle park on three
(3) parcels described as Lots 2, 3, 14, and 15, Beaver Creek Alaska Subdivision Amended
located at 6575/6607 Kenai Spur Highway and 3415 Mudhen Drive. The conditional use permit
was approved on November 10, 2021. Pursuant to KMC 14.20.150(I)(1), the permit will lapse 12
months after approval if a building permit has not issued or the use has not been initiated. If the
administrative official does not issue a written notice concerning lapse or expiration, the permittee
may request a time extension at any time within two (2) years of the date the permit was issued
or the use ceased, whichever is later.
Casey Gaze has requested a time extension to complete the site improvements and comply with
remaining conditions of approval for the conditional use permit.
KMC 14.20.150(I)(3), allows a time extension of up to one (1) year upon findings that
circumstances have not changed significantly to warrant reconsideration of the permit approval
or that good cause exists to grant the time extension, not to exceed a total of two (2) years from
the date of the Commission's grant of the first time extension. There are no proposed changes
to the permit. The applicant is requesting for additional time to complete the site improvements
and comply with the required conditions outlined in Resolution PZ2021-38.
If the Planning and Zoning Commission approves the time extension request, the applicant shall
comply with all conditions for the Conditional Use Permit on or before November 9, 2023, unless
another time extension is requested.
Does the Commission approve a one-year time extension for Resolution PZ2021-38?
Attachments
Annual Report Letter
Aerial Map
Resolution PZ2021-38
December 13, 2022
To: City of Kenai Planning Dept.
From: Casey & Liana Gaze
6575 Kenai Spur Hwy
Kenai, AK 99611
Conditional Use Permit #PZ2021-38
2022 Annual Update
Driveway and approximately half of the parking spaces have been roughed in. We
will continue work in spring of 2023. We are planning to finish driveway and
remaining parking spaces by July. We are hoping to open in a limited capacity
with parking, picknick tables, fire rings, and restrooms for 2023 season, with
electricity, potable water, and dump station in 2024. Please contact us with any
questions.
Thank you,
Casey & Liana Gaze
KENA
Resolution PZ2021-38 - Time Extension
Recreation Vehicle Park
6575/6607 Kenai Spur Hwy & 3415 Mudhen Dr.
KPB Parcel I Ds: 04106302, 04106303, 04106317
N Map for Reference Only
NOT A LEGAL DOCUMENT
0 250 500 1,000 Fe Page 43
FA
Date Printed: 1/17/2023
KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-38
A RESOLUTION OF THE PLANNING AN❑ ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A CONDITIONAL USE PERMIT FOR A RECREATIONAL VEHICLE PARK.
APPLICANT: Casey & Llana Gaze
PROPERTY ADDRESS:
6575 Kenai Spur Highway
6607 Kenai Spur Highway
3415 Mudhen Drive
LEGAL DESCRIPTION:
Lot 2, Block F, Beaver Creek Alaska Subdivision Amended
Lot 3, Block F. Beaver Creek Alaska Subdivision Amended
Lot 14&15, Block F, Beaver Creek Alaska Subdivision Amended
KENAI PENINSULA BOROUGH PARCEL NUMBER:
04106302
04106303
04106317
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on October 11, 2 021 ; 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 November 10, 2021, following requirements outlined in Kenai Municipal Code
14.20.280 for public hearings and notifications.
WHEREAS, the Planning and Zoning Commission finds:
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: Both 6575 Kenai Spur Highway and 6607 Kenai Spur Highway are zoned
General Commercial (CG). The proposed Recreational Vehicle Park meets the intent of
Resolution No. P22021-38
Page 2of5
the General Commercial Zone (CG) to provide for areas where a broad range of retail,
wholesale, and service establishments is desirable. Uses are regulated to concentrate
commercial development to the greatest extent possible and to prevent any uses which
would have an adverse effect upon nearby properties. New single- and two (2) family
residential uses and other noncommercial uses, except as otherwise provided in this
chapter. are not permitted in this zone as principal uses because It is intended that land
classified in this zone be reserved for commercial purposes, and because a commercial
zone is not suited to the uses excluded above. A Recreational Vehicle Park would be a
primary commercial use.
3415 Mudhen Drive is designated Rural Residential (RR). The RR Zone is intended to
provide for low density residential development in outlying and rural areas in a form which
creates a stable and attractive residential environment. The specific intent in establishing
this zone Is:
(1) To separate residential structures to an extent which will:
(A) Preserve the rural, open quality of the environment;
(B) Prevent health hazards in areas not served by public water and sewer
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas
A Recreational Vehicle Park Is consistent with the intent of the Rural Residential District
by preserving the rural, open quality of the environment with a site design that preserves
as many trees as possible and creates privacy between neighboring parcels as well as
RV parking spaces. Recommended Condition 2. Applicant will provide a copy of DEC
compliance certification on the wate0sewer system. The well as shown will likely need to
be separated further from the proposed dump station: would prevent health hazards in an
area not served by public sewer and that is served by private well.
Parcels in the vicinity of the subject parcels, do not have a residential character and consist
of general commercial uses and vacant lots. The proposed use would increase the amount
of traffic entering and existing the subject properties, but would not be generating heavy
traffic in a predominantly residential area.
The Land Use Table provides that Recreational Vehicle Parks are a conditional use for
both General Commercial and Rural Residential Zoning Districts; therefore, a conditional
use permit must be granted for the operation of a Recreational Vehicle Park. The applicant
has provided a site plan that provides the layout of the premises.
2. KMC 94. 20.150(d)(2) The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired,
Criteria Met. The adjacent parcels located to the South, East and West are vacant. Parcels
to the North, across the Kenai Spur Highway consist of a propane business, a Homer
Electric Association facility, and a steel distributor, all general commercial land uses that
Resolution No. PZ2021-38
Page 3 of 5
should not be negatively impacted by the proposed recreational vehicle park. Both 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 General
Commercial land use for this neighborhood. The General Commercial Land Use
Classification is defined in the Comprehensive Plan:
"General Commercial is intended for retail, service, and office businesses that serve Kenai
and the larger region. General Commercial is appropriate for locations along the arterial
road system. General Commercial -type development requires larger parcels of land and
access to a major road system. It is also intended to support smaller -scale businesses."
All of the parcels adjacent to the Kenai Spur Highway are zoned General Commercial, the
lots located behind those zoned General Commercial are zoned Rural Residential, though
the vast majority are not accessible by existing roads and have platted rights -of -way.
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
• 0-9 Encourage healthy lifestyles by providing opportunities and/or facilities for outdoor
activities
Goal 2 of the Comprehensive Plan is to provide economic development to support the
fiscal health of Kenai. The tourism industry is an important component for economic
development within the City of Kenai.
• E❑-9 Capitalize on the tourism industry by marketing Kenai as a destination for
recreational activities, conventions, festivals, arts, cultural and other events.
Goal 3 of the Comprehensive Plan is to Develop land use strategies to implement a
forward -looking approach to community growth and development.
• LU-2 Promote the infill of existing, improved subdivision lots.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Criteria Met. The subject properties are accessed via a paved, State of Alaska Department
of Transportation maintained highway. There are no City sewer services in the vicinity,
therefore; a private septic system will be required. City water services, are located in the
northern half of the right-of-way, but beyond the two hundred (200) feet required for
connecting to the public water system per Kenai Municipal Code 17.10.010. The subject
property is located approximately 255 feet from the existing water line in the ROW. The
application proposes utilizing a water well. A dump station is proposed for use by
recreational vehicles. Recommended Condition 2 requires providing the City DEC
compliance certification of the water and wastewater systems; 2. Applicant will provide a
Resolution No. PZ2021-38
Page 4 of 5
copy of DEC compliance certification on the water/sewer system. The well as shown will
likely need to be separated further from the proposed dump station.
There is access to natural gas, electricity, and telephone services.
5. iKMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Criteria Met: There are recommended conditions with requirements related to public
safety, health, and welfare:
3. Provide accommodations for trash and restroom facilities.
4. Prior to starting operations, a landscapelsite plan must be reviewed and
approved by the Planning Director, which shall include a site grading plan that
minimizes runoff onto neighboring properties and demonstrates sufficient space
to prevent backup onto the highway, and demonstrates sufficient space for
emergency service vehicles to respond to all RV sites.
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 Casey & Llana Gaze for a Recreational
Vehicle Park for properties described as Lot 2, Block F, Beaver Creek Alaska
Subdivision Amended Lot 3, Block F, Beaver Creek Alaska Subdivision Amended Lot
14&15, Block F, Beaver Creek Alaska Subdivision Amended and located at 6575
Kenai Spur Highway, 6607 Kenai Spur Highway, and 3415 Mudhen Drive.
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. Applicant will provide a copy of DEC compliance certification on the water/sewer
systems. The well as shown will likely need to be separated further from the
proposed dump station.
3. Provide accommodations for trash and restroom facilities.
4, Prior to starting operations, a landscapelsite plan must be reviewed and
approved by the Planning Director, which shall include a site grading plan that
minimizes runoff onto neighboring properties and demonstrates sufficient space
to prevent backup onto the highway, and demonstrates sufficient space for
emergency service vehicles to respond to all RV sites.
5. Prior to beginning constructions of any new structures, a building permit must be
issued by the Building Official for the City of Kenai.
Resolution No. PZ2021-38
Page 5 of 5
8, Staff encourages the applicant pursue consolidation of the three subject parcels
into one parcel and submitting a rezoning application to rezone 3415 Mudhen
Drive from Rural Residential to General Commercial.
7. A yearly Conditional Use Permit report must be submitted to the City of Kenai
prior to the 31 st day of December of each year.
8. The applicant will meet with City staff for on -site inspections when requested.
9. 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).
10. 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.
11. Failure to provide documentation to the City for meeting these conditions shall be
grounds for the suspension or revocation of the conditional use permit.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 10th day of November, 2021.
to.
JE T HAIRPERSON
ATTEST-
- -c.y.EN A/ *4111
JAMIE HEI C, CITY CLERK r' %
.{a r9 * A.,
J Kenai City Council - Regular Meeting
January 04, 2023 — 6:00 PM
Kenai City Council Chambers
KENAI 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 comments 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 comments limited to ten (10) minutes per speaker)
C. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
ENACTED WITHOUT OBJECTION. Ordinance No. 3324-2022 - Increasing Estimated
Revenues and Appropriations in the Airport Special Revenue and Airport Improvements Capital
Project Funds and Authorizing the Purchase of Airport Snow Removal Equipment.
(Administration)
2. ENACTED AS AMENDED WITHOUT OBJECTION. Ordinance No. 3325-2022 - Accepting
and Appropriating Donations to the Kenai Community Library for the Purchase of Program
Supplies and Equipment. (Administration)
3. ENACTED WITHOUT OBJECTION. Ordinance No. 3326-2022 - Increasing Estimated
Revenues and Appropriations in the General Fund Parks, Recreation and Beautification
Department, and Authorizing an Increase to the Multi -Purpose Facility Management Services
Purchase Order to Red Line Sports for Additional Ice Maintenance Services. (Administration)
4. ENACTED WITHOUT OBJECTION. Ordinance No. 3327-2022 - Increasing and Decreasing
Estimated Revenues and Appropriations to Reallocate Grant Funds Previously Appropriated for
Construction of a Pedestrian Bridge in the Kenai Municipal Park to Playground Equipment
Replacement at the Softball Greenstrip. (Administration)
5. ENACTED WITHOUT OBJECTION. Ordinance No. 3328-2022 - Increasing Estimated
Revenues and Appropriations in the Airport Snow Removal Equipment Capital Project Fund to
Provide Supplemental Funding for the Kenai Municipal Airport's Snowblower and Increasing
the Existing Purchase Order to Craig Taylor Equipment. (Administration)
Kenai City Council - Regular Meeting Page 1 of 3
January 04, 2023
Page 49
6. ENACTED WITHOUT OBJECTION. Ordinance No. 3329-2022 - Increasing Estimated
Revenues and Appropriations in the General and Visitor Center Improvement Capital Project
Funds to Provide Supplemental Funding for the Roof Replacement Project. (Administration)
7. ENACTED WITHOUT OBJECTION. Ordinance No. 3330-2022 - Increasing Estimated
Revenues and Appropriations in the General and Recreation Center Improvement Capital
Project Funds to Provide Supplemental Funding for the Kenai Recreation Center Improvements
Project. (Administration)
8. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-01 - Adopting an Alternative
Allocation Method for the FY23 Shared Fisheries Business Tax Program and Certifying that this
Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business
Activity in FMA 14: Cook Inlet Area. (Administration)
9. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-02 - Adopting Goals to Guide the
Preparation of the Fiscal Year 2024 Annual Budget. (Administration)
E. MINUTES
1. *Work Session of December 21, 2022. (City Clerk)
2. *Regular Meeting of December 21, 2022. (City Clerk)
F. UNFINISHED BUSINESS
G. NEW BUSINESS
*Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Non -Objection to the Renewal of a Golf Course -Seasonal Liquor License
to Griffin Golf LLC. DBA: Kenai Golf Course - License 5788. (Clerk)
3. *Action/Approval - Non -Objection to the Transfer of Controlling Interest for a Beverage
Dispensary and Restaurant Designation Permit Liquor License to G&P Inc., DBA: The White
Moose - License 204. (Clerk)
4. *Ordinance No. 3331-2023 - Increasing Estimated Revenues and Appropriations in the
General Fund — Police Department and Accepting Grants from the United States Department
of Justice and Alaska Municipal League Joint Insurance Association for the Purchase of Ballistic
Vests. (Administration)
5. INTRODUCED AND REFERRED TO THE PLANNING & ZONING COMMISSION, AND
SCHEDULED FOR PUBLIC HEARING ON 21112023. *Ordinance No. 3332-2023 - Amending
Kenai Municipal Code Section 3.10.070-Livestock within the City Limits, to Allow a Maximum of
Twelve (12) Chicken Hens to be Kept on Certain Lots Less than 40,000 Square Feet within the
City of Kenai. (Douthit)
6. APPROVED WITHOUT OBJECTION. Action/Approval - Confirming the Mayor Appointment
of Kenneth Ayers to the Council on Aging for a Partial Term Ending December 31, 2024.
(Gabriel)
7. APPROVED WITHOUT OBJECTION. Action/Approval - Special Use Permit to Beacon
Occupational Health & Safety for Exclusive Lease Space in the Alaska Fire Training Center.
H. COMMISSION / COMMITTEE REPORTS
Council on Aging
Kenai City Council - Regular Meeting Page 2 of 3
January 04, 2023
Page 50
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENTS
1. Citizens Comments (Public comments limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
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/m/81303072020 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 813 0307 2020 Passcode: 480578 Meeting ID: 813 0307 2020 Passcode: 480578
Kenai City Council - Regular Meeting
January 04, 2023
Page 3 of 3
J Kenai City Council - Regular Meeting
January 18, 2023 — 6:00 PM
Kenai City Council Chambers
Kr � � I 210 Fidalgo Avenue, Kenai, Alaska
LC **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 comments 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 comments limited to ten (10) minutes per speaker)
C. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
ENACTED WITHOUT OBJECTION. Ordinance No. 3331-2023 - Increasing Estimated
Revenues and Appropriations in the General Fund — Police Department and Accepting Grants
from the United States Department of Justice and Alaska Municipal League Joint Insurance
Association for the Purchase of Ballistic Vests. (Administration)
2. ADOPTED WITHOUT OBJECTION AS AMENDED BY SUBSTITUTE. Resolution No. 2023-
03 - Amending the City of Kenai's Schedule of Rates, Charges and Fees to Establish New Fees
for Conference and Training Rooms at the Alaska Regional Fire Training Center.
(Administration)
E. MINUTES
1. *Work Session Minutes of January 4, 2023. (City Clerk)
2. *Regular Meeting of January 4, 2023. (City Clerk)
F. UNFINISHED BUSINESS
G. NEW BUSINESS
*Action/Approval - Bills to be Ratified. (Administration)
2. *Ordinance No. 3333-2023 - Amending Kenai Municipal Code 8.05.010 - Adoption of Fire
Prevention Standards, and Repealing and Replacing Kenai Municipal Code 8.05.030 - Local
Kenai City Council - Regular Meeting Page 1 of 3
January 18, 2023
Page 52
Amendments to the 2009 International Fire Code, to Adopt the 2021 International Fire Code
with Local Amendments. (Administrations)
3. *Ordinance No. 3334-2023 - Amending Kenai Municipal Code Title 4 - Uniform Codes, to Adopt
the 2021 Editions of the International Building Code, International Residential Code,
International Mechanical Code, International Fuel Gas Code, Uniform Plumbing Code,
International Existing Building Code, International Property Maintenance Code and the 2020
National Electrical Code and Incorporate Local Amendments. (Administration)
4. APPROVED WITHOUT OBJECTION. Action/Approval - Authorizing the Issuance of a
Conditional Letter of Non -Objection for a New Standard Marijuana Cultivation Facility License
to Nicholas Mann DBA: Shackleford Investments — License 31826. (Administration)
5. APPROVED WITHOUT OBJECTION. Action/Approval - Consent to Assignment and
Assumption of Lease Agreement, of ADL 37765, ATS 770, to Riverfront Investments, LLC.
(Administration)
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENTS
1. Citizens Comments (Public comments limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
M. PENDING ITEMS
1. Ordinance No. 3332-2023 - Amending Kenai Municipal Code Section 3.10.070-Livestock
within the City Limits, to Allow a Maximum of Twelve (12) Chicken Hens to be Kept on Certain
Lots Less than 40,000 Square Feet within the City of Kenai. (Douthit and Winger) [01104123
Introduced by Council; Referred for recommendation to the 01125123 Planning and Zoning
Commission Meeting; Public Hearing by Council Scheduled for 02101123.1
N. ADJOURNMENT
O. INFORMATION ITEMS
Kenai City Council - Regular Meeting Page 2 of 3
January 18, 2023
Page 53
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/88278369539
Meeting ID: 882 7836 9539 Passcode: 827712
Kenai City Council - Regular Meeting
January 18, 2023
OR
Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 882 7836 9539 Passcode: 827712
Page 3 of 3
%V -NJ
NSG Kenai Peninsula Borough
l
Meeting Agenda
0 iq 0 0
Planning Commission
Monday, January 9, 2023
Jeremy Brantley, Chair — District 5 Sterling/Funny River
Blair Martin, Vice Chair — District 2 Kenai
Pamela Gillham — District 1 Kalifornsky
Virginia Morgan, Parliamentarian — District 6 East Peninsula
John Hooper — District 3 Nikiski
Michael Horton — District 4 Soldotna
VACANT —District 7 Central
David Stutzer — District 8 Homer
Dawson Slaughter — District 9 South Peninsula
Diane Fikes — City of Kenai
Franco Venuti — City of Homer
Charlene Tautfest — City of Soldotna
Troy Staggs — City of Seward
VACANT — City of Seldovia
144 North Binkley Street
Soldotna, AK 99669
7:30 PM ZOOM ONLY MEETING - Meeting Not Physically Open
To Public
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.
Printed on 11612023
Planning Commission Meeting Agenda January 9, 2023
All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or
her name and mailing address on the sign -in sheet located by the microphone provided for public comment.
They must begin by stating their name and address for the record at the microphone. All questions will be
directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities.
Decorum must be maintained at all times and all testifiers shall be treated with respect.
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine
and non -controversial by the Planning Commission and will be approved by one motion. There will be no
separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item
will be removed from the consent agenda and considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please
advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to
comment.
1. Time Extension Request
2. Planning Commission Resolutions
3. Plats Granted Administrative Approval
Printed on 11612023
Planning Commission Meeting Agenda January 9, 2023
KPB-4829 a. AA Mattox Subdivision Johnson Addition; KPB File 2022-064
b.
Bear Run Tract 2 Replat; KPB File 2022-043
c.
Beaver Creek Alaska Subdivision 2020 Replat; KPB File 2021-006
d.
Breakfield-McCaughey Subdivision; KPB File 2022-054
e.
Catkin Subdivision 2021 Replat; KPB File 2021-144
f.
C L Hatton Subdivision Eagles Crest Addition Byler Replat;
KPB File 2022-027
g.
Crane -France Subdivision; KPB File 2022-096
h.
D & J subdivision; KPB File 2022-065
i.
Foothills Subdivision Sunset View Estate 2020 Addition;
KPB File 2020-113P2
j.
Fritz Creek Acres 2022 Replat; KPB File 2022-095
k.
K.D.M. Subdivision 2022 Addition; KPB File 2022-146
1.
Kasilof Alaska Subdivision 2022 Replat; KPB File 2022-119
m.
Lillian Walli Estate 2022 Replat; KPB File 2022-083
n.
Lobdell Subdivision; KPB File 2022-018
o.
McClaren Subdivision; KPB File 2016-083
p.
Monk Acres; KPB File 2022-071
q.
Puffin Acres Bayweld 2022 Replat; KPB File 2022-046
Attachments: C3. Admin Approvals
4. Plats Granted Final Approval (KPB 20.10.040)
KPB-4830 a. Alisyn Acres Subdivision McDonald Replat; KPB File 2022-149
b. Foster Lake Subdivision Vasilie Replat; KPB File 2022-140
c. Golf -Fairway 2022 Replat; KPB File 2022-138
d. John Buchanan Subdivision; KPB File 2022-154
Attachments: C4. Final Approvals
5. Plat Amendment Request
6. Commissioner Excused Absences
7. Minutes
KPB-4831 December 12, 2022 PC Meeting Minutes
Attachments: C7. 12-12-22 PC Minutes
D. OLD BUSINESS
E. NEW BUSINESS
Printed on 11612023
Planning Commission Meeting Agenda January 9, 2023
1. KPB-4832 Building Setback Encroachment Permit; KPB File 2022-176
Petitioner/Landowner: Richard Shreves
Request: Permits a house that is encroaching 12.2;' by 25.9' within the
building setback on Lot 2A Spruce Lake Estates Addition No. 2, Plat
HM 86-34
Location: Whisky Gulch Street & Cape Ninilchik Avenue
Anchor Point Area
Attachments: El. BSEP Spruce Lake Estates - Lot 2
2. KPB-4833 Building Setback Encroachment Permit; KPB File 2022-181
Petitioner/Landowner: Jay Snow
Request: Permits a 9.1' by 4.3' portion of a house to remain in the
building setback granted on Hollywood Subdivision No. 4, Plat HM
86-90
Location: Whisky Gulch Street
Anchor Point Area
Attachments: E2. BSE Hollywood Hills Sub No. 4
3. KPB-4834 Ordinance 2022-46: Amending KPB 21.02.230 to modify the
boundaries of the Nikiski Advisory Planning Commission.
Attachments: E3. ORD 2022-46 Nikiski APC
E3. ORD 2022-46 Desk Packet
4. KPB-4835 Ordinance 2023-XX: Authorizing an amendment to the Kenai
Peninsula Archers lease to provide a ten-year extension of the term
and a ten-year renewal option.
Attachments: E4. ORD 2023-XX KP Archers Lease
5. KPB-4836 Resolution 2023-XX: Providing a 30-day application period prior to
inactivating the Kachemak Bay Advisory Planning Commission.
Attachments: E5. RES 2023-XX Kachemak Bay APC
F. PLAT COMMITTEE REPORT
G. OTHER
KPB-4864 Advisory Planning Commission Meeting Minutes
Attachments: Misc Info
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)
Printed on 11612023
Planning Commission Meeting Agenda January 9, 2023
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, January 23, 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.
Printed on 11612023
V -NJNs Kenai Peninsula Borough 144 North Binkley Street
Ge Soldotna, AK 99669
Meeting Agenda
OR00�
Plat Committee
Monday, January 9, 2023 5:30 PM ZOOM ONLY MEETING - Meeting Not Physically Open
To Public
Zoom Meeting ID 907 714 2200
The hearing procedure for the Plat Committee 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
Printed on 11612023
Plat Committee Meeting Agenda January 9, 2023
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and
noncontroversial by the Plat Committee and may be approved by one motion. There will be no separate
discussion of consent agenda items unless a Planning Commissioner removes the item from the consent agenda.
The removed item will then be considered in its normal sequence on the regular agenda. If you wish to comment
on a consent agenda item, please advise the recording secretary before the meeting begins, and she will inform
the Chair of your wish to comment.
1. Agenda
2. Member / Alternate Excused Absences
3. Minutes
KPB-4837 December 12, 2022 Plat Committee Meeting Minutes
Attachments: C3. 12-12-22 Plat Minutes
D. OLD BUSINESS
E. NEW BUSINESS
1. KPB-4838 Bay Ridge Estates Lot 22 Caron 2023 Replat; KPB File 2022-175
Seabright Surveying / Caron
Location: Diamond Ridge Road
Diamond Ridge Area
Attachments: El. Bay Ridge Estates Lot 22 Caron 2023 Replat Packet
2. KPB-4839 Brown's Acre Estates Addition No. 1; KPB File 2022-170
Peninsula Surveying, LLC
Anchorage Development & Construction, LLC
Location: Lopez Avenue
Sterling Area
Attachments: E2. Brown's Acre Estates Addn. No. 1 Packet
3. KPB-4840 Fort Raymond Subdivision No. 1 Hemlock Addition;
2022-177
R&M Consultants, Inc / City of Seward
Location: Hemlock Avenue, Sea Lion Avenue & Seward Highway
City of Seward
Attachments: E3. Fort Raymond Sub No. 1 Hemlock Addn. Packet
KPB File
Printed on 11612023
Plat Committee Meeting Agenda January 9, 2023
4. KPB-4841 Surreal Subdivision Tract C Replat; KPB file 2022-174
Ability Surveys / Cabbage, Maxon
Location: Diamond Ridge Road, Zoe Street & Elliot Avenue
Diamond Ridge Area
Attachments: E4. Surreal Sub Tract C Replat Packet
E4. Surreal Sub Desk Packet
5. KPB-4842 Hank & Mattie Bartos Subdivision; KPB File 2022-180
Edge Survey & Design, LLC / Bureau of Indian Affairs, Minium, Lee
Location: Lois Anne Lane, Jacque Street & Bend Street
Nikiski Area
Attachments: E6. Hank & Matti Bartos Subdivision Packet
6. KPB-4843 Tatum Denise Subdivision Derks Lake Addition; KPB File
2022-155R1
McLane Consulting Group / Friendshuh
Location: Derks Lake Road & Cinnamon Street
Ridgeway Area
Attachments: E5. Tatum Denise Sub Derks Lake Addn. Packet
7. KPB-4844 Smith -Stanton Subdivision; KPB File 2022-178
Edge Survey & Design. LLC / Smith
Location: Lower Salamatof Avenue, Amethyst Avenue & Beryl Street
Salamatof Area
Attachments: ET Smith -Stanton Subdivision Packet
8. KPB-4845 The Place Subdivision; KPB File 2022-179
Edge Survey & Design, LLC / The Place Motel Bar & Grill, LLC
Location: Sparrow Land & Kenai Spur Highway
Salamatof Area
Attachments: E8. The Place Subdivision Packet
F. PUBLIC COMMENT
(Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per
speaker unless previous arrangements are made)
G. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING
Printed on 11612023
Plat Committee Meeting Agenda January 9, 2023
The next regularly scheduled Plat Committee meeting will be held Monday, January 23, 2023 in the Betty J.
Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144
North Binkley Street, Soldotna, Alaska at 7:30 p.m.
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2215
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning@kpb.us
website: http://www.kpb.us/planning-dept/planning-home
Written comments will be accepted until 1:00 p.m. on the last business day (usually a Friday) before the day of
the Plat Committee meeting in which the item is being heard. If voluminous information and materials are
submitted staff may request seven copies be submitted. Maps, graphics, photographs, and typewritten
information that is submitted at the meeting must be limited to 10 pages. Seven copies should be given to the
recording secretary to provide the information to each Committee member. If using large format visual aids (i.e.
poster, large-scale maps, etc.) please provide a small copy (8'/2 x 11) or digital file for the recording secretary.
Audio, videos, and movies are not allowed as testimony. If testimony is given by reading a prepared statement,
please provide a copy of that statement to the recording secretary.
An interested party may request that the Planning Commission review a decision of the Plat Committee by filing
a written request within 10 days of the written notice of decision in accordance with KPB 2.40.080.
Printed on 11612023
%V -NJ
NSG Kenai Peninsula Borough
l
Meeting Agenda
OR00�
Planning Commission
Jeremy Brantley, Chair — District 5 Sterling/Funny River
Blair Martin, Vice Chair — District 2 Kenai
Pamela Gillham — District 1 Kalifornsky
Virginia Morgan, Parliamentarian — District 6 East Peninsula
John Hooper — District 3 Nikiski
Michael Horton — District 4 Soldotna
VACANT —District 7 Central
David Stutzer — District 8 Homer
Dawson Slaughter — District 9 South Peninsula
Diane Fikes — City of Kenai
Franco Venuti — City of Homer
Charlene Tautfest — City of Soldotna
Troy Staggs — City of Seward
VACANT — City of Seldovia
144 North Binkley Street
Soldotna, AK 99669
Monday, January 23, 2023 7:30 PM Betty J. Glick Assembly Chambers
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.
Printed on 111312023
Planning Commission Meeting Agenda January 23, 2023
All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or
her name and mailing address on the sign -in sheet located by the microphone provided for public comment.
They must begin by stating their name and address for the record at the microphone. All questions will be
directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities.
Decorum must be maintained at all times and all testifiers shall be treated with respect.
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine
and non -controversial by the Planning Commission and will be approved by one motion. There will be no
separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item
will be removed from the consent agenda and considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please
advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to
comment.
1. Time Extension Request
2. Planning Commission Resolutions
3. Plats Granted Administrative Approval
KPB-4874 a. Bear Lahai Roi Subdivision Sockeye Run View Addition
KPB File 2022-074
Attachments: C3. Admin Approvals
4. Plats Granted Final Approval (KPB 20.10.040)
5. Plat Amendment Request
6. Commissioner Excused Absences
7. Minutes
KPB-4875 January 9, 2023 Planning Commission Meeting Minutes
Attachments: C7. 010923 PC Minutes Draft
D. OLD BUSINESS
E. NEW BUSINESS
Printed on 111312023
Planning Commission Meeting Agenda January 23, 2023
1. KPB-4876 Bidarki Creek No. 5; KPB File 2022-160
Attachments: El. Bidarki Creek No. 5 Packet
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
KPB-4877 APC Meeting Minutes
NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, February 13, 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
Printed on 111312023
Planning Commission Meeting Agenda January 23, 2023
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.
Printed on 111312023
V -NJ
Ns Kenai Peninsula Borough 144 North Binkley Street
Ge Soldotna, AK 99669
Meeting Agenda
OR0tl�
Plat Committee
Monday, January 23, 2023 6:30 PM Betty J. Glick Assembly Chambers
Zoom Meeting ID: 907 714 2200
The hearing procedure for the Plat Committee public hearings are as follows:
1) Staff will present a report on the item.
2) The Chair will ask for petitioner's presentation given by Petitioner(s) / Applicant (s) or their representative
— 10 minutes
3) Public testimony on the issue. — 5 minutes per person
4) After testimony is completed, the Planning Commission may follow with questions. A person may only
testify once on an issue unless questioned by the Planning Commission.
5) Staff may respond to any testimony given and the Commission may ask staff questions.
6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present
new testimony or evidence.
7) The Chair closes the hearing and no further public comment will be heard.
8) The Chair entertains a motion and the Commission deliberates and makes a decision.
All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or
her name and mailing address on the sign -in sheet located by the microphone provided for public comment.
They must begin by stating their name and address for the record at the microphone. All questions will be
directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities.
Decorum must be maintained at all times and all testifiers shall be treated with respect.
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and
noncontroversial by the Plat Committee and may be approved by one motion. There will be no separate
discussion of consent agenda items unless a Planning Commissioner removes the item from the consent agenda.
The removed item will then be considered in its normal sequence on the regular agenda. If you wish to comment
on a consent agenda item, please advise the recording secretary before the meeting begins, and she will inform
the Chair of your wish to comment.
Printed on 111312023
Plat Committee Meeting Agenda January 23, 2023
1. Agenda
2. Member / Alternate Excused Absences
3. Minutes
KPB-4869 January 9, 2023 Plat Committee Meeting Minutes
Attachments: C3. 010923 Plat Committee Meeting Minutes
D. OLD BUSINESS
E. NEW BUSINESS
1. KPB-4870 Federal Addition to Seward Saltwater Safari Replat; KPB File
2022-184
Attachments: El. Federal Addn. Seward Saltwater Sarfari Replat Packet
2. KPB-4871 Kingswood Estates subdivision 2022; KPB File 2022-183
Attachments: E2. Kingswood Estates Subdivision Packet
3. KPB-4872 Ninilchik Townsite Vanek 2023 Replat; KPB File 2022-182
Attachments: E3. Ninilchik Townsite Vanek 2023 Replat Packet
4. KPB-4873 Russian Gap Subdivision 2023 Addition; KPB File 2022-185
Attachments: E4. Russian Gap Sub 2023 Addn. Packet
F. PUBLIC COMMENT
(Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per
speaker unless previous arrangements are made)
G. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, February 13, 2023 in the Betty J.
Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144
North Binkley Street, Soldotna, Alaska at 7:30 p.m.
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Printed on 111312023
Plat Committee Meeting Agenda January 23, 2023
Phone: 907-714-2215
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning@kpb.us
website: http://www.kpb.us/planning-dept/planning-home
Written comments will be accepted until 1:00 p.m. on the last business day (usually a Friday) before the day of
the Plat Committee meeting in which the item is being heard. If voluminous information and materials are
submitted staff may request seven copies be submitted. Maps, graphics, photographs, and typewritten
information that is submitted at the meeting must be limited to 10 pages. Seven copies should be given to the
recording secretary to provide the information to each Committee member. If using large format visual aids (i.e.
poster, large-scale maps, etc.) please provide a small copy (8 % x 11) or digital file for the recording secretary.
Audio, videos, and movies are not allowed as testimony. If testimony is given by reading a prepared statement,
please provide a copy of that statement to the recording secretary.
An interested party may request that the Planning Commission review a decision of the Plat Committee by filing
a written request within 10 days of the written notice of decision in accordance with KPB 2.40.080.
Printed on 111312023
KENAI
City a{ Kenai 1210 Fidalgo Ave, Kenai, Aft 99611-7794 1907.283.75351 wwwkenai.city
MEMORANDUM
TO: Planning & Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: January 20, 2023
SUBJECT: Tentative Work Sessions
Work session dates are tentative and subject to change.
Work Session Date
Subject
February 8, 2023
Department Budget Goals
March 22, 2023
Historic Preservation
April 26, 2023
Short -Term Rentals (STRs)
TBD
Sign Code
TBD
Land Use Table — Conditional Uses
TBD
Zoning Code Clean-up
JANUARY 25, 2023
PLANNING AND ZONING COMMISSION MEETING
ADDITIONAL MATERIALS/REVISIONS
REQUESTED REVISIONS TO THE PACKET
ACTION ITEM REQUESTED BY
Add to item F.2 Action/Approval — Recommending the Kenai Planning Director
City Council Enact Ordinance No. 3332-2023
• Public Comments
From: Rachael Gaedeke
To: City Clerk
Subject: Public comment regarding chicken rearing in Kenai city limits
Date: Sunday, January 22, 2023 6:02:00 PM
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To Whom it May Concern:
I'm writing to express my support in allowing the citizens of Kenai to be allowed to keep chickens in
their backyards.
Keeping a small flock of chickens in your own backyard has many benefits from supplying you with
fresh, healthy eggs from well -cared -for animals, to giving you great fertilizer for gardening, to
providing lively pets —as well as being part of the drive to local, sustainable food systems.
Sustainable food systems have always been a top priority for Alaskans. Now more than ever, we
need to be able to count on reliable, nutritious food sources.
Eggs laid from healthy chickens provide a much needed kitchen staple. Currently the price of eggs
is skyrocketing and many grocery stores have empty shelves where their eggs used to be plentiful.
Home -raised hens produce eggs that are fresher, better tasting and often more nutritious than their
commercially farmed counterparts.
Millions of people keep backyard chickens responsibly. Let our children have the opportunity to
understand where food comes from and contribute to its production.
Please include this email in public comment for the upcoming meeting.
Sincerely,
Rachael Gaedeke
rgaedeke@gmail.com
Linda Mitchell
From: Kristine Schmidt <kristine@kenaialaska.us>
Sent: Friday, January 20, 2023 3:49 PM
To: Linda Mitchell
Subject: Chicken Ordinance 3332-2023: for January 25, 2023 P&Z Commission Meeting
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
Dear Planning & Zoning Commissioners:
I am opposed to the chicken ordinance, Ordinance No. 3332-2023, as written. I agree with the three letters in your
1/25/23 meeting packet opposing this ordinance.
This ordinance is a major disruption to City of Kenai land use rules, and has the potential to harm our (Kenai residents')
quality of life very greatly. Our family lives in Woodland Subdivision, on a very small lot (less than 1/3 acre). Our lot has
5 lots right next to us, and under this ordinance there could be as many as 60 chickens kept right next to our backyard.
Kenai residents went through a divisive process on chickens just a few years ago, and the two chicken ordinances were
both failed, even the second one, which had only 2 chickens. Ordinance 3332-2023 allows 12 chickens — that is a
chicken farm, not just "backyard chickens."
There are many many other problems with this ordinance. Just one example: there is a bird flu epidemic across the
United States, including Alaska, killing millions of birds, especially wild birds, and much of the infection comes from
backyard chickens! Do we really want to destroy the wild bird population in Kenai?
I will be sending a second letter detailing the many problems with this ordinance before your 1/25/23 meeting.
I am also extremely disappointed with the City's process for consideration of this ordinance. With no notice to Kenai
residents, the ordinance was introduced ONE DAY after the Christmas/New Year's holidays, in the dead of winter, when
many Kenai residents are out of town. It was put on the fast track to be heard and enacted within 2 weeks of
introduction. Call me cynical, but this process seems designed to ensure that the public who might oppose the
ordinance get as little time and input as possible. Luckily, Councilman Knackstedt convinced the City Council to send it
to the Planning & Zoning Commission first.
However, there is no work session at either City Council or Planning & Zoning Commission scheduled to consider this
ordinance and changes to it. Most if not all major ordinance changes like this one go through at least one work session,
which allows the public and Council/Commission members to consider amendments.
I request that the Planning & Zoning Commission postpone action on Ordinance 3332-2023 and schedule a work session
on it.
Thank you for your consideration of these comments.
Kristine Schmidt
513 Ash Avenue
Kenai, Alaska 99611
(907) 283-7373 (work)
January 24, 2023
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Dear Commissioners:
RE: Ordinance No. 3332-2023
Amending KMC 3.10.070 to Allow a Maximum of Twelve (12) Chickens to Be Kept on Lots
Less Than 40,000 Square Feet - Except for RU, RS4, RS-2 and TSHZoning Districts
I oppose ordinance No. 3332-2023 as written and ask that the Commission recommend to
Council that: (1) this ordinance not be enacted as written; (2) the ordinance be amended to also
except the RS Zone from its scope; and (3) the Council otherwise postpone action and refer the
ordinance back to the Commission for a public work session or sessions for consideration.
My spouse and I purchased our home on Ash Avenue in Woodland Subdivision, Kenai, Alaska,
in 1985. When we bought our home in 1985, our property in Woodland Subdivision was zoned
Suburban Residential (RS). We specifically chose to purchase a home in Woodland Subdivision
because there were covenants restricting use to residential and there were the protections of the
RS Zone. We raised our daughter there and have lived there for the last thirty-eight (38) years.
Land Use Inequity in Suburban Residential Zones.
The Suburban Residential Zone is intended to provide for medium density residential
development and to prohibit uses which would violate the residential character of the
environment. The Suburban Residential Zone includes the RS, RS4, and RS-2 Zones.
Our lot is a small lot, 0.31 acre, which is approximately 13,504 s.f. The majority of lots in
Woodland Subdivision, properties zoned RS, are of similar size. Some lots in Inlet View
Subdivision, property zoned RS4, are of slightly larger size, approximately 16,500 s.f., but are
still small lots. The RS-2 Zone also has small lots.
The raising of chickens will have similar impacts on all of these RS Zones, but only properties in
RS Zone are subject to the impacts that will be caused by this ordinance as written. There is no
A
xplanation of the policy reason supporting excepting all properties in the RS4 and RS-2 Zones
while including all properties in the RS Zone. This is arbitrary.
As you know, the City's Land Use Table establishes the land uses in the RS Zone (like the other
zones) that are Permitted (P), Conditional (C), Secondary (S), and Not Permitted (N).
"Chickens" are defined to be "livestock", and "agriculture" includes "raising livestock." The
.and Use Table for RS, RS4 and RS-2 Zones all have a "N" for Not Permitted for "general
agriculture." Raising 12 chicken hens in small lots can qualify as "general agriculture " in a
small lot, and would violate the residential character of the environment.
Even if the Commission and the Council deem raising 12 chicken hens on a small lot to be not
"general agriculture," this ordinance does not distinguish between raising chickens for personal
use and for commercial use. There is at least one tenant in Woodland Subdivision who offers
eggs for sale, and chicks for individuals who want to raise chickens, through use of social media.
That is a retail business.
Retail business and wholesale business are both "N" in RS-1 "Ald RS-2, but are a C in RS Zone.
But this ordinance does not provide that commercial use is prohibited, nor does it require a
conditional use permit or any application at all for any use, or the written consent of the property
owner who has leased the property to the tenant who is raising livestock.
The ordinance should be amended to add the RS Zone to the exceptions, or to limit the lot sizes
to lots greater than 20,000 s.f., while also limiting the maximum number of chicken hens to six
(6) hens.
Other issues.
There are many other issues not addressed in this ordinance, such as:
- Nothing limits containment areas to back yards;
- Nothing about setbacks from streams and other waters;
Free range within a fence is allowed, since enclosed shelters such as coops are optional;
Nothing specific about standards for the dimensions, materials, and appearance of a
"containment structure" such as a coop, or for protections against bears and other
predators;
Nothing requiring the containment area to be kept clean and sanitary, and nothing about
removal of waste or other issues regarding odor;
Nothing about enforcement and resources for enforcement.
Thank you for your consideration.
Bob Molloy
January 24, 2023
Planning & Zoning Commission
City of Kenai
210 Fidalgo Avenue
Kenai, Alaska 99611
Chicken Ordinance No. 3332-2023
Dear Commissioners:
I do not support Ordinance 3332-2023, which would allow keeping of 12 chickens in RS
(Suburban Residential) zones with very little regulation of this practice to protect the neighbors.
Currently, chickens are not allowed on property in RS zones. For some reason, the ordinance
singles out RS zones to allow chickens, while keeping a no chicken rule in RU, RS4, RS-2 and
TSH zones, with no explanation. Also, the RS zone currently does not permit agriculture such as
chicken raising without a conditional use permit, in the Land Use Table.l
My neighborhood, Woodland Subdivision, is zoned RS. My family has lived in the
subdivision since 1985. Our subdivision consists of small lots of one -quarter to one-third acre.
Allowing large flocks of unregulated chickens would be a nuisance -- noise, odor, unsightly sheds
and pens -- and disturb the quality of life in our neighborhood. There is little to nothing in the
ordinance to address these concerns. Just take a look at the photo in your packet (page 38) of
what one Woodland Subdivision owner gets to look at out their side window, and ask yourself if
this is what you would want to see on five sides around you.2
Here is a partial list of reasons why you should give this ordinance a "no"
recommendation if you have to vote on it Wednesday 1/25/2023. It would be better if you had a
work session on the ordinance, to bring out all the issues with it, and address them.
1. The Planning Commission and City Council Voted Down Chicken
Ordinances in 2013 and 2015, and Nothing Has Changed. The Planning Commission (6-0)
and the Kenai City Council (4-3) voted down a similar unregulated 12-chicken ordinance in 2013,
even when the ordinance sponsor agreed to reduce the number of chickens to 6. The City
Council also voted down a similar ordinance two years later, in 2015.3 Nothing has changed since
2013 and 2015 that would make this chicken ordinance any more acceptable. The Commission
really needs to review what happened in 2013 and 2015, and the reasons why these ordinances
Failed.
1 The ordinance does not address the conflict with the land use table.
a Woodland Subdivision lots are staggered, so there could be five lots with chickens around a lot
such as our lot, for a total of 60 chickens. See attached photo; our lot has yellow borders.
3 See, "Kenai Chicken Ordinance Fails Again," Peninsula Clarion 11/6/2015.
2. Chickens Are A Nuisance And Ordinance 3332-2023 Does Nothing To
Reduce Or Prevent the Nuisance. There is nothing in the ordinance that reduces or prevents
the well known nuisances of barnyard animals, such as noise, odor, open waste, close proximity
to residences, and attractiveness to dangerous predators such as bears. The setbacks are not
sufficient. The ordinance merely recites that chicken keeping should not be a public nuisance
(undefined). That is not enough.
3. Ordinance 3332-2023 Is Discriminatory, In Ways That Do Not Make Sense.
For some unexplained reason, this ordinance singles out the RS zone to allow chickens, but
excepts the RU, RS-I, RS-2 and TSH zones — why? The ordinance does not distinguish between
large lots in the RS zone, where keeping chickens might be less burdensome on the neighbors, and
small lots such as those in Woodland Subdivision — why not? Traditionally the City of Kenai
has recognized that there can be more negative impacts on high density subdivisions versus lower
density subdivisions in land use decisions — why is this not a consideration in this ordinance?4
The Animal Control Code, Title 3, has substantial regulations on keeping more than 3
dogs, or keeping bees, but few regulations on keeping chickens, which doesn't make sense. I
can't see how bees in the summer are more of a problem than having up to 60 chickens living
around you, year round.
4. The Price Or Scarcity of Eggs Are Red Herrings. You will no doubt hear that
the price or scarcity of eggs are factors in favor of the ordinance. However, the reason for the
increase in price or scarcity of eggs involves several factors, all of which are temporary, such as
the bird flu pandemic (spread by backyard chickens), and egg farmers holding back product
because retailers won't pay the prices they want. These temporary issues will resolve in a short
period of time, but the ordinance, if passed, could have a very negative effect on people owning
homes in Kenai, over the long term.
5. The Ordinance Has Insufficient Protection For
Homeowners/Neighborhoods. This ordinance has little to no regulation to protect adjacent
homeowners or neighborhoods from the negative effects of chickens. Even Wasilla, Alaska has
chicken keeping regulations that provide some protections, including requiring administrative
approval or permits. Some examples of regulations that should be in the ordinance:
(a) Prohibit keeping chickens in front yards (allowed under Ord. 332-2023);
(b) Require licenses, like dogs (currently required in the Animal Code);
(c) Require that the chickens be kept for personal use only, and that the chicken farming
can't be spread over multiple lots;
(d) Require the homeowner's written consent for tenants keeping chickens;
(e) Regulate the location, number and materials of pens or sheds to reduce nuisances such
as noise, odor, waste and unsightliness;
(f) Stiff fines for roosters, because of course chicken farmers will keep them too.
a See, "Kenai Chicken Ordinance Fails Again," Peninsula Clarion 11/6/2015.
-2-
Also, the ordinance is written to be self -enforcing, or complaint -driven. That won't
work, especially when you are allowing 3,000+ more lots to have chicken farms, but no more
funding for enforcement. The days when most people recognized a responsibility to be good
citizens and obey municipal laws and regulations are over. Now people do what they want until
they are caught. That is why permits should be required; so that the Animal Control Office has a
handle on where potential problems may arise.
6. The Ordinance Does Not Protect Public Safety. In 2013, Larry Lewis from
the Alaska Department of Fish and Game testified that backyard chickens were bear attractants.
Brett Reid, Kenai Animal Control officer, testified that backyard chickens caused bear and other
problems. There is nothing different now.
Now there is also a bird flu epidemic worldwide, that is killing millions of birds,
especially wild birds. Backyard chickens are a major reason for the spread of bird flu. Many
Kenai residents enjoy the wild birds that live here, and Kenai is known throughout Alaska and
Outside for its wild birding — we even built a platform on the Kenai River Flats for better birding.
It doesn't make sense to risk more bird flu infection by opening up 3,000+ more Kenai lots to
infection.
These are just a few reasons why Ordinance 3332-2023 is a bad fit for Kenai as written.
Please vote "no" on this ordinance.
Sincerely,
Kristine A. Schmidt
513 Ash Avenue
Kenai, Alaska 99611
(907) 283-7373
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Kenai chicken ordinance fails again I Peninsula Clarion
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https: //www.peninsulaclarion.com/news/kenai-chicken-ordinance-fails-...
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Kenai chicken ordinance fails
again
By Ben Boettger
Friday, November 6, 2015 6:07pm 1 NEWS KENAI
Kenai city council members Terry Bookey and Ryan Marquis
introduced an ordinance allowing up to twelve hens to be kept on
Kenai residential properties under 40,000 square feet — an activity
that currently violates city code. At Wednesday's council meeting, the
council voted down the ordinance 4-3. A similar chicken ordinance,
introduced by then -member Mike Boyle, failed in 2013.
Marquis, who declined to run in the recent election and will soon leave
the council after two terms, said that voting against the 2013 chicken
ordinance was one of his few regrets.
"At that time, my primary reason for voting against it was bears being
attracted to residential areas because of the chickens," Marquis said.
"Since then, I've spent a lot of time walking through residential
neighborhoods, and I realize how many people have chickens within
the city — I'm assuming illegally — and I haven't heard much about
any increased bear activity within the city."
Mayor Pat Porter was the first to oppose the ordinance.
"I live within >_5 feet of my neighbor," Porter said. "The subdivision I live in
is really tight quarters, and I cannot imagine having to live next door to
chickens. Particularly where they don't have to be fenced off where I can't
see them, or they can get loose."
Asked about bear activity by Porter, Kenai Police Chief Gus Sandahl said that
bear reports in Kenai have been "significantly lower in the past two
summers." When Porter asked again at a later point, Sandahl said bear
encounters in Kenai have been "minimal."
"Maybe it's because we don't have any chickens," Porter said.
Chickens can be legally kept in Kenai — on lots greater than 40,00o square
feet, or if the owner applies for and receives a conditional use permit from
the Planning and Zoning Commission. Kenai City Manager Rick Koch said
no chicken permits had been applied for in his nine years as City Manager.
Council member Henry Knackstedt is a legal Kenai chicken owner — he said
he keeps about 3o egg -laying hens on about 3o acres.
"I really haven't had any problems with bears..." Knackstedt said. "I haven't
had any problems with my neighbors because of the size of the lot. The
zoning works, because I'm greater than 40,000 square feet."
ADVERTISEMENT
1 of 3 1/23/23, 4:40 PM
Kenai chicken ordinance fails again I Peninsula Clarion
https: //www.peninsulaclarion.coin/news/kenai-chicken-ordinance-fails-...
Knackstedt said he "spent a lot of time" with the 2013 chicken ordinance as
a then -member of the Planning and Zoning commission. According to
previous Clarion reporting, the 2013 chicken ordinance was debated by the
city council and Planning and Zoning for 7 months.
"If it's done right, I don't think anyone would have a problem with (hen -
keeping)," Knackstedt said. "And I think there are people who should have
conditional use permits, but don't. It goes on just fine, just like a lot of other
things. But when I look at this, it looks like it has Planning and Zoning
written all over it... the way it should be managed, supervised. I think
neighbors should have a say if they don't want to have chickens next door.
I'm conflicted because I think it can be done, but not the way it's written at
this point."
Knackstedt encouraged Marquis and Bookey to send the ordinance to the
Planning and Zoning commission, pointing out that "it's a different
planning and zoning than we had a few years ago."
Council member Tim Navarre said he opposed allowing hen -keeping, not
because of bears but because of "health issues that come with chickens."
Council member Brian Gabriel said the present permit allowance was
sufficient to allow hen -keeping where appropriate.
"The fact is that when you get into smaller lot sizes, you run into issues that
aren't really relevant to larger lot sizes," Gabriel said. "Such as proximity to
your neighbors. Your neighbors might have dogs on several sides of your
chicken coop. The effect on them could be pretty dramatic... I don't have an
objection to chickens, but the idea of having neighbors weigh in on the
effects it might have on them in high -density neighborhoods, there's a
value to that I don't thinkwe should overlook."
Bookey responded to Gabriel.
"To address the dogs, I think that's more an issue ofproperty-owners
having dogs and not controlling them," Bookey said. "I understand the
reasoning and the need for zoning and planning and things like that. But
when we continually reference `your neighbors should have a say in what
you do on your property,' I think that's true to some extent. But in many,
many cases we're putting more value on what the neighbors think I should
do on the parcel of land that I own than what I think I should do on the
parcel of land that I own."
Council members Gabriel, Knackstedt, Navarre, and Mayor Porter voted
against chicken legalization.
Reach Ben Boettger at ben.boettger�a peninsulaclarion.com
2 of 3 1/23/23, 4:40 PM
Linda Mitchell
From: Deni Oren <mrsoren23@gmail.com>
Sent: Tuesday, January 24, 2023 6:19 PM
To: City of Kenai Planning Department
Subject: Ordinance No. 3332-2023a
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or
clicking links, especially from unknown senders.
To whom it may concern,
Good evening, I am writing to express my support in favor of City of Kenai's Ordinance No. 3332-2023a; in
regards to allowing residents on properties less than 40k square feet in size to own up to 12 laying hens.
As a City of Kenai resident I think this is a great idea to help offset some of the food supply issues and food
insecurities my fellow neighbors and myself are starting to face in regards to inflation and supply chain issues lately. I
do understand the concerns of some when it relates to how the city will pass this in a manner that doesn't create
neighborhood nuisances. But as homeowners, I think this can be done in a responsible and appropriate way just as we
are expected to do with any of our pets.
I think passing this ordinance would be so beneficial for local residents, not only for just each individual
property/homeowner, but as well as for our neighbors who may benefit from receiving or purchasing fresh local eggs
when our local stores are depleted. With rising costs of food, lack of food on shelves, it would be a world of difference
to be able to offset some of these worries by having a more sustainable way to provide food for our families. I have
read through the expectations listed and I find them to be very fair, and do believe it would help to reduce any issues in
regards to having the hens. I also believe the allowance of up to 12 hens is perfect for a majority of the properties in the
City of Kenai.
Thank you for your time and I hope that the City of Kenai takes my support into consideration.
Respectfully,
Mr. & Mrs. Oren
Jeremy & Bridget Grieme
PO Box 2066
Kenai, AK 99611
bhgrieme@gmail.com
January 24, 2023
City of Kenai Planning & Zoning Members and Kenai City Council Members
To Whom It May Concern:
We are writing to express our support for City Ordinance No. 3332-2023a to allow
residents on properties less than 40,000 square feet in size to own up to twelve laying
hens to address food security issues.
The cost of a dozen eggs has increased sixty -percent in the last few months. This is on
top of consistent and drastic rising food costs over the last three years. At last check, a
dozen fresh local eggs was selling for $10. Eggs are not isolated in these drastic
increases. Allowing residents to keep up to twelve hens on their property to provide eggs
for their family would help alleviate the financial burden that rising food costs have on
Kenai residents.
Chickens require a small amount of space to be healthy and happy. Three square feet
per chicken is recommended by Rural Living Today. That means that a thirty-six square
foot coop could easily accommodate up to twelve chickens. That equates to a relatively
small (6'x6') coop, which is smaller than most backyard sheds in Kenai neighborhoods.
Chickens, unlike dogs and other animals, do not need to be outside and have room to
roam — and actually are quite content to not be outside in the winter months. To this end,
giving residents the option to keep up to twelve laying hens will not create an eye sore,
or reduce the aesthetic appearance of our neighborhoods and homes.
Some may raise concerns about the potential noise nuisance that chickens could create
in residential neighborhoods. People, such as myself, who choose to live in residential
neighborhoods accept the noise that comes with living in close proximity to others. These
sources of noise are often dogs, loud vehicles, and even children. A dozen laying hens
would not create additional noise pollution or raise it to an unbearable level. Not unlike
homeowners who have multiple dogs, it would be chicken owners' responsibility to be
considerate of others and be sure their pets are not interfering with the quality of life for
their neighbors. Homeowners who have pets have to perform "poop patrol" to clean up
after their pets in their yards. Similarly, chicken owners would clean up after their
chickens. Spring time in Alaska is an odorific experience — with or without chickens. I
feel confident that home owners can and will do this in a responsible and appropriate way,
no different than other pet owners.
Alaskans pride themselves on being self-sufficient and providing for themselves and their
families. How many members of the council or committee have proudly announced to
friends and family that they harvested a moose or filled the freezer with salmon to feed
their family all winter. Eggs are no different, and allowing up to twelve hens reinforces
the Alaskan way of life that we are proud of and what sets us apart from other parts of
the country.
Amending the current ordinance to allow up to twelve laying hens for residents of Kenai
would be beneficial for families to provide for themselves and to share with their
neighbors. Being an Alaskan is also about never knowing a stranger. Through this
amendment, chicken owners will have the opportunity to share eggs with others who are
also struggling to make ends meet due to the current economic climate we are
experiencing.
Mr. Douthit's proposed amendment is fair, reasonable, and attainable. It is a small
change in policy that has the potential to make a huge change for residents. For these
reasons, and those outlined above, I urge you to pass this ordinance.
Respectfully,
Jeremy & Bridget Grieme
From: Amanda Smith
To: City Clerk
Subject: Comment for Ordinance No. 3332-2023
Date: Wednesday, January 25, 2023 2:56:13 PM
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Good Afternoon,
As a resident who would be directly impacted by the proposed amendment of Kenai Municipal Code Section
3.10.070, I am writing to express my support.
Removing barriers to individual food security and self-reliance only serves to improve the lives of residents of the
City of Kenai. When individuals are able to provide for themselves, their family, and friends, the entire community
becomes more economically resilient. This is always important, but has become especially critical during the
economic crises that have continued to impact various sectors since the start of Covid-19.
With no end in sight for the current economic downturn, I implore you to allow Kenai residents the freedom to feed
their families.
Sincerely,
Amanda Smith
From:
Nathan Smith
To:
City Clerk
Subject:
Ordinance No. 3332-2023
Date:
Wednesday, January 25, 2023 1:37:48 PM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Afternoon,
I send you this due to the email address posted( city_council@kenai.city)to send any support
or concern continues to reject mine and my wife's email in support of this email. It comes up
with a 550 code which is due to a spam blocker the city uses. This is concerning of itself as
how many people attempt to have their voices heard but are met with this Code when
attempting to email city council.
It would be foolish to not pass this ordinance and allow the citizens of kenai to raise Chickens.
This could help provide food to low income families as well as teach children a valuable skill
of raising and harvesting their own food.
I encourage the council to pass this ordnance and look forward to being allowed to raise my
own chickens within city limits.
Thank you,
Nathan Smith
PLANNING & ZONING COMMISSION
Resolution PZ2023-01 — Conditional Use Permit — Performing Arts Center
450 Marathon Road
January 25, 2023
KENAI
450 Marathon Road
Curre*t Use Vacant
Tract 4A of Baron Park 2020 Replat
Zoning Light Industrial (IL)
Land Use Industrial
Designation
Lot Size 2 acres of 5.844-acre lot
ruwaounding UYS "I I
North , City Facilities
South Public Park
West Vacant
East City Facilities
Proposed %rtian of tot for �.
Performing Arts Center
L—J Subject Parcel
[� Panels
Zoning
Conservation
Airport Light Irbdustria
Rural Residential 1
General Commercial
Light Mustria I
KMC 14.20.150(e) Conditional Use Permit Review Criteria
STAFF ANALYSI!Z
The use is consistent with the purpose of this chapter and the
Criteria 1 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.
Any and all specific conditions deemed necessary by the
Commission to fulfill the above -mentioned conditions. These may
Criteria 6 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.
Met
Met
Met
Met
Met
Met
Adopt the Resolution PZ2023-01 approving a Conditional Use Permit for a
performing arts center subject to the listed conditions.
PLANNING & ZONING COMMISSION
Resolution PZ2023-01 — Conditional Use Permit — Performing Arts Center
450 Marathon Road
January 25, 2023
KENAI
1. Any development or use of the property shall comply with all applicable Federal, State of Alaska,
and City regulations regardless of whether or not the requirements are listed as conditions for the
approval of the Conditional Use Permit.
2. Upon request, the applicant or applicant's representative shall meet with City staff for an on -site
inspection.
3. Prior to issuance of a building permit, alandscape/site plan must be reviewed and approved by
the Planning and Zoning Department.
LEGEND:
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CERTIFICATE of OWNERSHIP
and DEDICATION
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NOTARY'S ACKNOWLEDGEMENT
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FOR PUBUC PURPOSES THE REAL PROP TY TO BE DEpCATED BY MIS PUT INCLUONO
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