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HomeMy WebLinkAbout2023-11-08 Planning & Zoning PacketKenai Planning & Zoning Commission – Regular Meeting Page 1 of 2 November 08, 2023 Kenai Planning & Zoning Commission - Regular Meeting November 08, 2023 ꟷ 7:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Info on Page 2** Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items 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 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 October 25, 2023 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 PZ2023-19 – Recommending Approval to Rezone the Properties Located at 103 Birch Street and 1202, 1204, and 1206 First Avenue From General Commercial (CG) to Suburban Residential (RS) Zoning District. G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Requesting an Excused Absence for the October 25, 2023 Regular Meeting – Greenberg. 2. *Action/Approval – Granting a Home Occupation Permit to Allow a Home Day Care for up to Eight (8) Children on a Property Located at 621 Fir Drive in the Suburban Residential (RS) Zoning District. Page 1 Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 November 08, 2023 I. REPORTS 1. City Council 2. Kenai Peninsula Borough Planning 3. City Administration J. ADDITIONAL PUBLIC COMMENT (Public comment limited to five (5) minutes per speaker) K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: November 22, 2023 L. COMMISSION COMMENTS AND QUESTIONS M. PENDING ITEMS N. ADJOURNMENT O. INFORMATIONAL 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 https://us02web.zoom.us/j/81385877609 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 813 8587 7609 Passcode: 786109 Meeting ID: 813 8587 7609 Passcode: 786109 Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING OCTOBER 25, 2023 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR JEFF TWAIT, PRESIDING Planning & Zoning Commission Meeting Page 1 of 4 October 25, 2023 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on October 25, 2023, 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: Jeff Twait, Chair Joe Halstead, Vice Chair Gwen Woodard Jim Glendening John Coston Diane Fikes A quorum was present. Absent: Gary Greenberg Also in attendance were: Linda Mitchell, Planning Director Meghan Thibodeau, Deputy City Clerk 3. Approval of Agenda and Consent Agenda MOTION: Vice Chair Halstead MOVED to approve the agenda and consent agenda. Commissioner Woodard SECONDED the motion. The items on the Consent Agenda were read into the record. Chair Twait opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. 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. B. APPROVAL OF MINUTES 1. *Regular Meeting of September 27, 2023 Approved by the consent agenda. Page 3 Planning & Zoning Commission Meeting Page 2 of 4 October 25, 2023 C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS – None. F. PUBLIC HEARINGS 1. Resolution PZ2023-19 - Recommending Approval to Rezone the Properties Located at 103 Birch Street and 1202, 1204, and 1206 First Avenue From General Commercial (CG) to Suburban Residential (RS) Zoning District. Clarification was provided that due to discrepancies found by staff in the future land use map, the resolution was not included in the packet and no action would be taken at this meeting. However, because the item was advertised as a public hearing at this meeting, any members of the public who wanted to speak on the issue had the opportunity to do so. Chair Twait opened the floor for public testimony. Nancy Wiles spoke in support, noting that the area has always been residential and she had previously advocated to have the zoning changed to mixed use, and had canvassed the neighborhood with a petition. Keith Shaffer spoke in support, noting he would not enjoy having a commercial business right across from his property. He stated that he would like to see the lot at 103 Birch Street to be rezoned to residential. There being no one wishing to be heard, the public comment period was closed. 2. Resolution PZ2023-20 - Granting an Encroachment Permit for a Multi-Tenant Commercial Building to Encroach into the Required (East) Side Yard Setback on the Property Located at 735 Baleen Avenue in the Limited Commercial (LC) Zoning District. MOTION: Vice Chair Halstead MOVED to approve Resolution PZ2023-20. Commissioner Woodard 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 to accommodate a boiler room for a multi-tenant commercial building. Uses of surrounding areas and criteria for encroachment permits were reviewed; it was noted the application met the criteria and City staff recommends approving an encroachment permit to allow the multi-tenant commercial building to encroach into the required 15-foot (east) side yard setback by 3 feet 1 inch. Chair Twait opened the floor for public comment. Billy Anderson explained that he lives north of the property, and did not support the prior rezone of this area from residential to limited commercial. He described issues he has experienced during the construction of this building. There being no one else wishing to be heard, the public comment period was closed. Clarification was provided that access is off of Baleen Avenue and not Kalifornsky Beach Road which would require additional approval from the State, and that Baleen Avenue is a City-maintained road. There was discussion on how the measurement of 3 feet and 1 inch was reached, the building inspection process, and restrictions on building size. Chair Twait re-opened the floor for public comment. Page 4 Planning & Zoning Commission Meeting Page 3 of 4 October 25, 2023 Richard Burton expressed concern about the potential for increase in traffic along Baleen Avenue, noting that the road will need improvement. There being no one else wishing to be heard, the public comment period was closed. There was discussion on possibly increasing the encroachment amount, whether the boiler room was already constructed, and how the access issue could be addressed by recommending that Baleen Avenue be added to the City’s Capital Improvement Plan. It was noted that the applicant owns the property to the east, and if the commission does not approve the easement the property owner can do a lot line adjustment and meet the setback. MOTION TO AMEND: Commissioner Glendening MOVED to amend Resolution PZ2023-20 by adding a condition to require an as-built certification to be provided prior to issuance of a certificate of occupancy. Vice Chair Halstead SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. There being no objection; SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: YEA: Halstead, Glendening, Woodard, Coston, Fikes, Twait NAY: None ABSENT: Greenberg MOTION PASSED WITHOUT OBJECTION. Chair Twait noted the 15-day appeal period. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. *Action/Approval - Requesting an Excused Absence for the September 27, 2023 Regular Meeting – Halstead. Approved by the consent agenda. 2. *Action/Approval – Add a Condition to the Preliminary Plat – Strawberry Hill Estates 2023 Addition (Resolution PZ2023-15). Approved by the consent agenda. I. REPORTS 1. City Council – None. 2. Kenai Peninsula Borough Planning – Commissioner Fikes reported on the actions of the October 9, 2023 Kenai Peninsula Borough Planning Commission Meeting. 3. City Administration – Planning Director Mitchell reported on the following: • A second part-time Planning administrative assistant has been hired. • The Kenai Peninsula Borough will be updating its GIS maps to a new platform. • The State Recorder’s Office in Kenai has been permanently closed. • The Clerk’s Office will be sending out a survey as part of the upcoming Commission & Committee review. • The Capital Improvement Plan is being circulated to commissions and committees for review; will not go to Planning & Zoning as there are no related projects. • Attended a FEMA training on disaster warning coordination. Page 5 Planning & Zoning Commission Meeting Page 4 of 4 October 25, 2023 J. ADDITIONAL PUBLIC COMMENT – None. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: November 8, 2023 Commissioner Halstead noted he may be absent. L. COMMISSION COMMENTS AND QUESTIONS Commissioner Glendening noted that there had been a good discussion. M. PENDING ITEMS – None. N. ADJOURNMENT O. INFORMATIONAL ITEMS – None. There being no further business before the Commission, the meeting was adjourned at 8:19 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of October 25, 2023. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 6 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ2023-19 A RESOLUTION RECOMMENDING THE KENAI CITY COUNCIL APPROVE THE REZONE FROM GENERAL COMMERCIAL (CG) TO SUBURBAN RESIDENTIAL (RS) ZONING DISTRICT FOR THE FOLLOWING PROPERTIES AND AS DEPICTED ON THE ATTACHED BOUNDARY MAP. Parcel No. 04317028 Address Lot Size Legal Description 1202 First Avenue 0.49-acre Lot 1, Letzring 1985 Subd. of Gov. Lot 169 04317029 1206 First Avenue 0.31-acre Lot 2, Letzring 1985 Subd. of Gov. Lot 169 04317030 1204 First Avenue 0.31-acre Lot 3, Letzring 1985 Subd. of Gov. Lot 169 04317013 103 Birch Street 1.25 acres Govt Lot 170 WHEREAS, the City of Kenai received a rezone application from the majority of property owners in accordance with Kenai Municipal Code (KMC) Section 14.20.270 Amendment procedures; and, WHEREAS, the area proposed to be rezoned contains a minimum of one (1) acre (excluding street or alley rights-of-way); and, WHEREAS, the proposed amendment to the zoning ordinance is not substantially the same as any other unapproved proposed amendment submitted within the previous nine (9) months; and, WHEREAS, a map has been included of the proposed rezone area and applicable signatures; and, WHEREAS, the City of Kenai Planning and Zoning Department conducted a duly advertised public hearing, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. The current zoning district, CG allows for the widest range of commercial and industrial uses compared to other commercial zoning districts. The existing CG zone is not compatible land use for this area since there are existing residential uses to the north and east of the proposed rezone area and an existing single-family dwelling in the proposed rezone area. Page 7 Resolution No. PZ2023-19 Page 2 of 2 2. The rezone to RS zone would increase the adjacent RS zoning district, which it is anticipated that it would be developed in junction with the surrounding residential uses to the north and east. Therefore, minimizing potential impacts of commercial development on existing residential uses. 3. The existing land use classification states a compatible mix of residential and commercial uses. It is anticipated that this area will become residential uses. In the RS zone, several commercial uses are permitted subject to a Conditional Use Permit as listed in KMC Section 14.22.010 Land Use Table. The proposed rezone to RS zone would be consistent with the Mixed-Use land use classification as identified in the Comprehensive Plan. 4. The proposed rezone to RS would align with the current low to medium density residential character of the neighborhood. 5. The proposed rezone to RS zone would make the existing single-family dwelling compliant with the zoning district. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That Kenai City Council approve the rezone request for the properties located at 1202, 1204, and 1206 First Avenue and 103 Birch Street from General Commercial (CG) to Suburban Residential (RS) zoning district. Section 2. That the Commission will forward its written recommendation to the Kenai City Council, along with all certified minutes and public records relating to the proposed amendment. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 8TH DAY OF NOVEMBER, 2023. JEFF TWAIT, CHAIRPERSON ATTEST: Meghan Thibodeau, Deputy City Clerk Page 8 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: November 8, 2023 SUBJECT: Resolution PZ2023-19 – Rezone Four (4) Parcels from General Commercial (CG) to Suburban Residential (RS) Zoning District Request The applicants are requesting a rezone of four (4) parcels from General Commercial (CG) to Suburban Residential (RS) Zoning District. Staff Recommendation Adopt Resolution PZ2023-19 recommending approval of a rezone of four (4) parcels from General Commercial (CG) to Suburban Residential (RS) Zoning District. Applicants: Nancy and Michael Wiles Five D Investments LLC 1206 First Avenue c/o Ken Dunbar Kenai, AK 99611 P.O. Box 969 Kenai, AK 99611 Parcel No. 04317028 Address Lot Size Legal Description 1202 First Avenue 0.49-acre Lot 1, Letzring 1985 Subd. of Gov. Lot 169 04317029 1206 First Avenue 0.31-acre Lot 2, Letzring 1985 Subd. of Gov. Lot 169 04317030 1204 First Avenue 0.31-acre Lot 3, Letzring 1985 Subd. of Gov. Lot 169 04317013 103 Birch Street 1.25 acres Govt Lot 170 Current Zoning: General Commercial (GC) Proposed Zoning: Suburban Residential (RS) Current Land Use Single-Family Residence, Accessory Structures, and Vacant Parcels Land Use Plan Mixed-Use Ki;NAI Page 9 Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 2 of 6 SUMMARY The applicants are seeking to rezone properties located at 1202, 1204, and 1206 First Avenue and 103 Birch Street from General Commercial (CG) to Suburban Residential (RS) zoning district. The purpose of the rezone is to allow additional affordable housing rather than commercial use on the subject parcels. For the parcel located at 103 Birch Street, the property owner intends to subdivide and construct a single-family dwelling unit on each lot. In the applicants’ letter, it is indicated that 103 Birch Street would be subdivide and four (4) single-family homes would be constructed. However, Planning staff received the preliminary plat and it shows a 5-lot subdivision. The preliminary plat is subject to compliance with KMC Chapter 14.10 Subdivision Regulations and would come before the Planning & Zoning Commission for review/recommendation at a later time contingent on the decision of the rezone. If approved, the zone change would allow a residential use as a principal use, whereas under the existing zone, CG, a residential use is only permitted as a secondary use. ANALYSIS Pursuant to KMC Section 14.20.270, the initiation of a Zoning Map Amendment may be initiated by a majority of the property owners in the area to be rezone. Furthermore, the area to be rezoned contains a minimum one (1) acre (excluding street or alley rights-of-way) unless the amendment enlarges an adjacent district boundary. Three (3) out of the four (4) parcels are under the same ownership with the remaining parcel owned by a different property owner. Both property owners jointly applied for the rezone; therefore, meeting the initiation of a rezone application. To further support their request, the applicants have provided a list of signatures from surrounding property owners/residents to support their rezone petition. The combined area of the rezone is approximately 2.36 acres, which exceeds the minimum one (1) acre requirement for a zoning map amendment and it would expand the adjacent Suburban Residential zoning district to the north and east of the proposed rezone area. Existing and Proposed Zoning The existing zoning is General Commercial (CG) and the intent as outlined in KMC Section 14.20.120 states the following: The CG Zone is established 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. Findings: The proposed rezone area is surrounded by a commercial office/warehouse with outdoor storage to the west, residential uses to the north and east, and a commercial center, known as Swanson Square to the south across First Avenue. The current zoning, CG prohibits single-family and two-family residential uses unless it is a secondary use according to the land use table found in KMC Section 14.22.010 as shown below (highlighted in yellow). Page 10 Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 3 of 6 LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU RESIDENTIAL One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21 Two-, Three- Family Dwelling N C18 P P P P P P P21 S1 C C C22 P P P S1/C21 Four-Family Dwelling N C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C21 Five-, Six- Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/C21 Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21 Footnotes: 1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC Chapter 14.25 shall include any secondary uses in the landscaping and site plans. Page 11 Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 4 of 6 In addition, CG zone allows for the widest range of commercial and industrial uses compared to other commercial zoning districts. The existing CG zone is not a compatible land use for this area since there are existing residential uses to the north and east of the proposed rezone area and an existing single-family dwelling in the proposed rezone area. While the site plan/landscaping review is intended to provide adequate buffers, transitions, and impacts between commercial/industrial uses and residential uses, this could be further implemented through a suitable zoning designation. The intent of the CG zone is not compatible with the existing residential uses in the adjacent RS zoning district to the north and east. There are other restrictive commercial zoning districts that allows residential use as a principal use but it would provide a disconnect between the existing CG zone to the west of the proposed rezone area. The proposed zoning is Suburban Residential (SR) and the intent as outlined in KMC Section 14.20.090 states the following: The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy; (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. Findings: The rezone to RS zone would increase the adjacent RS zoning district, which it is anticipated that it would be developed in junction with the surrounding residential uses to the north and east. Therefore, minimizing potential impacts of commercial development on existing residential uses. As noted by the applicants, there is a need for additional housing and this rezone would allow for residential uses without going through additional planning processes. Comprehensive Plan – Land Use Classification The existing land use classification is Mixed-Use and the intent as outlined in the Imagine Kenai 2030 Comprehensive Plan (“Comprehensive Plan”) states the following: Mixed use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses are co-located in an integrated way that supports sustainable forms of transport such as public transport, walking and biking, and increases neighborhood amenities. Compatibility issues are addressed through careful site layout and building design. Findings: The existing land use classification states a compatible mix of residential and commercial uses. It is anticipated that this area will become residential uses. In the RS zone, several commercial uses are permitted subject to a Conditional Use Permit (see attached Land Use Table). The proposed rezone to RS zone would be consistent with the Mixed-Use land use classification as identified in the Comprehensive Plan. Therefore, an amendment to the land use map in the Comprehensive Plan is not required. During the 2016 Comprehensive Page 12 Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 5 of 6 Plan update, City Council passed Ordinance No. 2908-2016, approving and adopting a revised 2030 Comprehensive Plan updated in 2016, which shows that the draft land use plan map included in the Ordinance packet but it was not carry into the final version of the Comprehensive Plan (see attached draft Land Use Plan map). This is important to note the correct land use classification because it determines whether an amendment to the Comprehensive Plan is required. If it was classified as General Commercial as it is shown in the final version, then the City would need to make the findings for the Comprehensive Plan amendment in addition to the rezone of the zoning district. The Comprehensive Plan supports this rezoning in the following identified goal: Goal 1 – Quality of Life: 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. Findings: The proposed rezone to RS would align with the current low to medium density residential character of the neighborhood. Existing Use In the proposed rezone area, the only existing principal use is a single-family dwelling on the property located at 1206 First Avenue, which is adjacent to the storage yard for the commercial office/warehouse in the northwest corner of N. Spruce Street and First Avenue. Findings: The proposed rezone to RS zone would make the existing single-family dwelling compliant with the zoning district. Under the existing CG zone, the existing residence is considered a non-conforming use since residential use is not permitted to be a principal use. Therefore, any expansions or alterations of the residence would be subject to KMC Section 14.20.050 Nonconforming lots, structures, and uses. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280 notices of the public hearing for the rezone were mailed to property owners within a three hundred-foot (300’) periphery of the subject properties. City staff published notice of the public hearing in the Peninsula Clarion, and notification was posted. No public comments have been received as-of-date. This rezone request was previously advertised as a public hearing for Planning & Commission meeting held on October 25, 2023. Due to discrepancies discovered by Planning staff, a staff report and resolution was not included in the packet. Therefore, no action was taken at the public meeting. However, due to the advertisement of the proposal as a public hearing, public testimony was opened and the applicant, Nancy Wiles was present to support the rezone request. In addition, Mr. Keith Shaffer, resident at 104 Birch Street was in support of the rezone to residential. STAFF RECOMMENDATION Based on the findings and analysis in this staff report, Staff recommends the Planning & Zoning Commission recommend approval of the rezone request for the properties located at 1202, 1204, and 1206 First Avenue and 103 Birch Street from General Commercial (CG) to Suburban Page 13 Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 6 of 6 Residential (RS) zoning district. Planning & Zoning Commission’s recommendation will be forwarded to City Council for consideration. ATTACHMENTS Zoning Map Application Materials Application Letter of Intent Aerial Map Petition Signature List KMC 14.22.010 Land Use Table Draft Land Use Plan Map Page 14 Resolution PZ2023-19 Rezone from CG to RS 1202, 1204, and 1206 First Avenue And 103 Birch Street N Map for Reference Only NOT A LEGAL DOCUMENT Date Printed : 11/8/2023 ' 0.-------.------1 1---------------1 A. 80 160 320 Feet Page 15 RECEIVED CITY O KENAI City of Kenai Rezoning Application Planning Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 9961 ·I (907) 283-8200 planning@kenai .city By: www .ken a i .cily/pla nning Name: N Mailing Address: Phone Number(s): Email: Kenai Peninsula Borough Parcel# (s): Physical Address: Legal Description: Present Zone: Intended Use and/or Reason for Rezoning (attach additional sheets if necessary): The area proposed to be rezoned contains a minimum of 1 acre (excluding street or alley rights- of-way), unless the amendment enlarges an adjacent zoning district boundary. This proposed amendment to the zoning ordinance is not substantially the same as any other unapproved proposed amendment submitted within the previous 9 months. I understand a public hearing is required as outlined in the Kenai Zoning Code, a $250 fee is required ($265 total after tax), and that this application will be reviewed following Kenai City Code 14.20.270, available at kenai.municipal.codes/KMC/14.20.270. I have included a map of the proposed rezone area and applicable signatures. The proposed Zoning Code and Official Zoning Map Amendments is initiated by (check one): D Kenai City Council D Kenai Planning & Zoning Commission E Petition of majority of the property owners in the area to be rezoned 0 Petition bearing the signatures of 50 registered voters within the City of Kenai D Petition as provided by the Home Rule Charter of the City of Kenai Signature: Printed Name: Date: For City Use Only PZ Resolution Number: lXJYES t$YES '6?J.YES YES Page 16 Rezoning Application Nancy & Michael Wiles 1206 First Avenue Kenai, AK 99611 Ken Dunbar P.O. Bdt969 Kenai, AK 99611 {907) 398-6613 nlwiles@hotmail.com (907) 947-3000 kdunbar@dunbarandsons.com Kenai Peninsula Borough Parcel Numbers/Physical Address/Legal Description: 04317028 04317029 04317030 04317013 1202 First Ave T 6N R 11 W SEC 31 Seward Meridian KN 0850055 letzring 1985 SUB OF GOVT LOT 169 LOT 1 1206 First Ave T 6N R 11W SEC 31 Seward Meridian KN 0850055 letzring 1985 SUB OF GOVT LOT 169 LOT 2 1204 First Ave T 6N R 11W SEC 31 Seward Meridian KN 0850055 Letzring 1985 SUB OF GOVT LOT 169 LOT 3 103 Birch St T 6N R 11 W SEC 31 Seward Meridian KN GOVT LOT 170 Intended Use and/or Reason for Rezoning: As property owners of the above lots, we request they be rezoned from Central Commercial to Suburban Residential. It is our belief that the community is better served with additional affordable housing rather than commercial use in this area. As attested by the 56 neighborhood signatures (as well as our two), our neighbors agree and wish to have homes built in this area. Rezoning to SR would bring this section of the block into alignment with the current neighborhood. Mr. Dunbar wishes to subdivide and build four single family homes on the 103 Birch St. lot. The City would benefit from having the additional tax base of the completed homes, as well as the income from water and sewer utilities. The community would benefit by having affordable rental properties in a convenient location. The Wiles originally purchased 1202 and 1204 First Ave. in order to be able to gift or sell a lot to each of their children in order to build a home or cabin. There is the potential of two more homes being built. They have lived in the home at 1206 First Avenue since 1985. Page 17 1202, 1204, 1206 1st Ave & 103 Birch St M O ----- ·~. ·--~ --- • I • ·-~ C • ~· -~ ~.. . ii , 't .. . .,._ . . Thi~ niap is a user ganernted static oU~)IJt from an Internet mapoing site and Is ror retereoa, ooly. Oat;) layers that appear on 11115 map may or -, not be ocairatl!, wrrent or otherwise renablE, Do not use fer navlqati~n DATE PRINTED: 9/12/2023 • MIieposts City Limits Highways Major Roads Roads Town Medlurn VctJm• -Town Lcwl8Moom:i1; ~her f'ropgocd P~rcels Image ■ Red: Rell ■ G""'n: GrHn • BIU8! Blus 0 Page 18 PETITION TO REZONE \ aTlplateLAB Subject Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. (Government lot 170 and letzring Subdivision, formerly Government lot 169) The property at 1202, 1204, 1206 First Avenue and the adjoining lot at 103 Birch Street are currently zoned General Commercial. We request this land be rezoned to Suburban Residential to bring it into alignment with the majority of the surrounding area. We welcome the opportunity to have more homes built in our neighbourhood, and see no need for commercial property at this site as there is plenty of land zoned commercial in more appropriate areas of Kenai. Name: G:¾u I f ~14.Y lC.5 Address: JID BircA.. 71 Signature: iJ2e / ,,,K~ Name: k' f,;, 1-rH S riR Fr"LIZ_ Address: ID Lt T31 ~ St, Signatur~~ Name: _'J';//ti.3/. .,l P/?-~ JS Address: /(t)'fJ/_1.&/1-ST, , sq:oatur•A'~ f . eflU-i-l .• ,./ Name: V 't C \-o \ \ o.._ /}::owe, Address: f ll '1S\<ch S\-1 'he,(\~\ A"' Signature: ~ D (iv:...:J',,(_ 2 3 © templatelab.com Page 19 ( PETITION TO REZONE ~ 'DV ~ ",mptate l 8 Subiect Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the comer of Birch Street and First Avenue. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) Name : Giv (1 5 1'; l _s Address: 'Sl () ~'u(Jf+k_ ~{)rt.V<.e s·-1-' /Gv~ l iAI<-~~ L ( l Signature:~---~ Name: t:\.. £t.t,~-A-Htt.cl h -e~ Address: / / o 3 2,•1~:1 /J ve. nue. f(-r::ncu /-1 k. t/rrc,• I I Signature: ,/e ~~:rffo~ Name: G-in (A So.rn ue.} r Address: /ID;;), -rfiJR._J> fl . r6£.r70--l, Signature: Name: ~[~ce,. W~•(...g./'· Address; 41!.f /J-~vfv Sf) -~i-u,~..,, Signature: t)ui,~~C(../ LU~ Name: ~ ~ ;/ W cd4 Address : 2. l Lf !3 ~ ~.M{ Signature: 9"0..;z:;; +/-.. lJ ~ © templatelab.com Page 20 ( PETITION TO REZONE 1 1 einplate LAB Subject Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) Name : /l/4 lv'fiJ"f l)Af ~ L,( Address: 1-08 B/12--C H S T(l.£'-&,J Signature/~ ;> Name: WRA Address: z, Signature: r Name: ~l.,.. Loc.,YJJ~ Address, ;;;i_o s ~ SI Signature, ~ I\A;:;:: ~oMrt-J<rlA<e"2-Name: ·t1 1 '" Address: \. J.. O L\ J ruQ, ~ Signature: {>~,~--------- {5 lb l1 © templatelab.com Page 21 PETITION. TO REZO NE r:r "'IBV , . ..:mplateLAB Subject Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of airch Street and First Avenue. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) Name: 1(0 ~av+ ,S;pV'-"'-;r'v' Address: }20'1 ~lrd t4v-e ~ Signatu~ Name: ${ \0-S~c\·~<\e,{ Address: 13-0lP Th\rd A,J~ .. Signature :.J)~v--~ .. ~ Name: t!.f64Rl € S /:1+1h,/<+4WI 4 Address: / ;1..e:>-:Z.. Pbc<.eN PA-CG Signature: ~K~ Name: ( V~ ~sm Address: 3o 11 [3vU, A ✓ l-• Signature: ~} ( ~ Name : \tW Address: 30 l 1 b-U.. Jwt,, /~ Signaturett,,,$ /7/,Z Name: ~ q .;+~ Address: 3 C) \ _& tfl. c~ ✓ Signature:~ Q,_, f{ ~-·· f.cJ. ~-:ix l3~} I-<( e,, ~c-.,; © t e mplatelab.com Page 22 ( PETITION_ TO REZONE \a JinplateLAB Sublect Matter: We petition the City of t<enai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. {Government lot 170 and L-etzring Subdivision, formerfy Government Jot 169) ~ t4t1~ Name: ---~ ti e.,r--. Cr-\, Address: D c2 Signature:~~- !{ O"_j/1) /IU'5 Name: I( Address: ) ti B ;// l 5 f Signature: D f I ./4,Jt~ /\ Cl"-(_,/+tt,,~ ,~ Name: Otv1~-eJLt. eobmt.-+s~ Address: Ll D 2. f:>i 'l..C. h. S+. Signature \)~ ~ Name: 4 { f ~v... /G(r""-r Address: '-( Ol {St re~ 5 /- Signature: Name: ploSSo VV\ fvl C &i~ Address: tfoli2 e;, Y-C,,N\ S\- Signature : © templatelab.com Page 23 PETITION TO REZO NE '• JinplateLAB Sublect Matter: We petition the City of Kenai to Amend the Kena; Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. (Government tot 170 and Letzring Subdivision, formerly Government lot 169) Na~e: (t~ {)~~ Address: /J.4. (},~ G /1) Id Signa ture: {I(~ a~7 / Nam e: ¼---e.Cl l~·"""' ~~,,( Address: Ill I ~ C) .. r<~a \ 1~'£. qq ~ l / Signatu r e:~ vt/~ Nam e: M 41..cot.n M cg/l~Ae Address: , , I/ r 111 er K6AJ;w::. Signature :~ A'P~(s Name: WflO'h, ~-. Address : \ z_cr;-~'>(h c_J- Signature:~ 31 © templatelab.com Page 24 PETITION TO REZON E ~~ jfnplate LAB Subiect Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. (G.overnment lot 170 and Letzring Subdivision, formerly Government lot 169) Name: G/...ENNA /YL sw~AR.tN {;G""N Address: / D 7 BJ/( Cf-/ St Signature~Jf~ Name: -~ ~ s..p"· ce.-r Address : 120 fo 1 I¼ A 'I -r-/'i---ve Signature: _ -A _ . ~Y-A-,Jl. s l' (. Clk\ Name: /Z.0 6Q.. v-t-~ \ vt,SD"V'. Address : 12-0(o lj f',,1 _A Ve - Signature: ~-LJ ~~~~ N~me: ~t:tf-h l.e.~ (cot,kle) +>, n \:::Q..y-~Oy\ Address : l"l.03 l.{+h A ·../e, kevtA.'\ 1 AK .. Signature: C...~ ~~ 31 40 © templatelab.com Page 25 ( PETITION TO REZO NE Subiect Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner.of Birch Street and First Avenue. (Government lot 170 and letiring Subdivision, formerly Government lot 169) Name: Ul\<.U.. f-,.\. ca~:H ~ Address: '313 c\'-'..di CiV, 1<..<-~: A-,_ ci'l<Ll\ Signatu r-e: -o<'~~~.w&c.._-~-l/1- l/4 Name: ~ZG:C:·r Le__ c~ .,,,..,, ,M<..- Add"ress: Signature: ~,/2.-/ ~/~ l-f ~~::; /J A L ){.(or er" r Name: • /\ 0 mo ft , (_. .. V -~. J4A_ Address: 3 I .2 c· I ll Ci Y I r /\.,,C' /1 J4 I I Signature1 ~ / /,1/~ Name: iA t f 1 fiolE fr Address: 3 / L C II~ 1> r c.., A, l-c;E»4 :r- Signature: -1t/ ,a!f-1t-{ ?-- l{] © templatelab.com Page 26 PETITION TO REZONE Subject Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue·. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) Name: VerV\~ \_~ lSV\,~ Address: )'l.t o ..\""" ~~ \.(t,,ft-~, A\~ 9tt lt l/ Signature: -~ ~-~ Signature: Name: J?DC.U.:> 5~jvJy~ Address-: j 1-l)i, &/ -r'-1 A J f: , K~ ;J/k Signature: ~ ,Y~ ' Name: ew-\~ ~bJJ Address : l:LJ J l{!? ~ /~ r kfL Signature:d,f__ ~ Name: (JADE 1'1-0(C.f).~ Address: 2 (( tJ t f..C µ, .s-<. f<.e;tf,4 • , Ilk; Signature: ~J ~ sO © templatelab.c.om Page 27 PETITION TO REZONE ' . einplateLAB Subject Matter:-We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and Fi rst Aven ue. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) Name: (Y'cv +'-'a L . W\~~ Address: -2.J) ~lvcll\ 5 ~ Signature: ~ I ~ Name: ·('(\ Pr~~--(Y'\ QO'Q..£_ Address; \ )-0 7 )'~ f/v--l ~fv1~ Signature: Person lodging this petition is: Name: fv&i\ C· W \ \e., °S' . Add ress: r:;iJ -80 \-Av~ l< ~M \ A k 9~ I/ Signature: <if~ L uJ ~ Person lodging this petiv on is: . )_ Name : K81/HBl1 L._., Du11t1J{}C/r , Address: F✓o, ~)C 9b </' /{~(), #(,{ 99C✓ Signature: ~~"'----- s5 © templat elab.com Page 28 KMC 14.22.010, Land use table Page 1 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU RESIDENTIAL One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21 Two-, Three-Family Dwelling N C18 P P P P P P P21 S1 C C C22 P P P S1/C21 Four-Family Dwelling N C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C21 Five-, Six-Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/C21 Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21 Mobile Home Parks6 N N C N C C C C C C C C N C N N C Planned Unit Residential Development7 N C18 C C29 C C C C C C C C N C C C C Townhouses4 N C18 C3 C3,29 C3 C3 C3 C3 C C C C C22 C C C C Accessory Building on Parcel Without Main Building or Use (See N N C C C C C C N N N N N N C N N Page 29 KMC 14.22.010, Land use table Page 2 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. KMC 14.20.200) COMMERCIAL Airport Compatible Uses P N N N N N N N C C C C N N N C C Adult Businesses N N N N N N N N P31 P31 P31 P31 N N N N N Automotive Sales C N C N N N N C P P P P N N N N P Automotive Service Stations C N C N N N N C P P P P N C N N P Banks C N C N C N N C P P P C N C C C P Business/Consumer Services C N C C C N N C P P P C N C C C P Commercial Recreation N N C N C N N C P P C C N P C C P Guide Service C N C N C N N C P P P P N P P C P Hotels/Motels C N C N C N N C P P P C N C P C P Lodge C N C N C N N C P P P C N P P C P Marijuana Cultivation Facility, Limited30 N N N N N N N N N C C C N N N C N Marijuana Cultivation Facility, Standard30 N N N N N N N N N C C C N N N C N Marijuana Product Manufacturing Facility30 N N N N N N N N N C C C N N N N N Marijuana Testing Facility30 N N N N N N N N C C P P N N N C C Professional Offices C N C C C N N P P P P P N C P P P Page 30 KMC 14.22.010, Land use table Page 3 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. Restaurants C N C N C N N C P P P C N C C C P Retail Business C N26 C N C N N C P P P P S24 S24 C C P Retail Marijuana Store30 N N N N N N N N N C C C N N N C C Theaters N N C N C N N C P P C C N P C C P Wholesale Business C N C N C N N C C P P P N S24 C C N INDUSTRIAL Airports C P20 C N C N N C C C C C N C N N C Necessary Aviation Facilities P P C C C C C C P P P P C P C P P Automotive Repair P N C N C N N C P P P P N N N N P Gas Manufacturer/Storage C9 N N N C N N N N N C9 C9 N N N N N Manufacturing/Fabricating/Assembly P N C N C N N C C P P P N C C N C Mini-Storage Facility C N C N C N N C C P P P N N N C C Storage Yard C N C N C N N C C P P P N N N N C Warehouses C N C N C N N C N P P P N C N N N PUBLIC/INSTITUTIONAL Assisted Living N C C C C C C C C C C C C C C C C Churches* N C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P Clinics N C C N C C C C P P P C C C C P P Page 31 KMC 14.22.010, Land use table Page 4 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. Colleges* N C C C29 C C C C P P C C P C C C P Elementary Schools* N C C C29 C C C C P P C C P C C C P Governmental Buildings P C C C29 C C C C P P P C P C C P P High Schools* N C C C29 C C C C P P C C P C C C P Hospitals* N C C N C C C C P P P C C C C C P Libraries* N C C C29 C C C C12 P P P C P C P C P Museums C C C C29 C C C C P P P C P C P C P Parks and Recreation N P C C29 C C C C P P P P P P P C P MISCELLANEOUS Animal Boarding/Commercial Kennel13 C C C N C C N N C C C C N C N C C Assemblies15 (Large: Circuses, Fairs, etc.) P C C N C C C C P15 P15 P15 P15 P15 C P N P15 Bed and Breakfasts N C C C C C C C C C C C N P C C P Cabin Rentals N C C N C N N N P P P C N P P C P Cemeteries P C C N C N N N N C C C N C C N N Communications Towers and Antenna(s), Radio/TV Transmitters/Cell Sites** 28 C P C N C C C C P P P P P C C C C Crematories/Funeral Homes N N C N C N N C C C C C N C C C C Page 32 KMC 14.22.010, Land use table Page 5 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. Day Care Centers12 N C C C29 C C C C P P P C C C C P P Dormitories/Boarding Houses N C C N C C C P P21 S C P P23 C C C P Essential Services P P P P P P P P P P P P P P P P P Farming/General Agriculture*** N P P N N N N N N N N P N P N N N Fraternal Organizations/ Private Clubs/Social Halls and Union Halls N N C N C C C C P P P C N C P C P Greenhouses/Tree Nurseries13 N C C N C C C C P P P C N C C C P Gunsmithing, Taxidermy N N C C C C C C P P P P N C P P P Nursing, Convalescent or Rest Homes N N C N C C C C P P C C C C C C P Parking, Public Lots12 C C C N C C C C C C C C C C C C C Personal Services25 N C C N C C C C P P P P C C P P/C27 P Recreational Vehicle Parks N C C N C N N C C C C C N C C N C Subsurface Extraction of Natural Resources16 C C C C C C C C C C C C N C N N N Surface Extraction of Natural Resources17 C C C N C N N C N C C C N C N N N * See 42 U.S.C. Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) ** See 42 U.S.C. Telecommunications Act of 1996, Sec. 704(a) *** See, however, the limitations imposed under KMC 3.10.070 Footnotes: Page 33 KMC 14.22.010, Land use table Page 6 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. 1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC Chapter 14.25 shall include any secondary uses in the landscaping and site plans. 2 One (1) single-family residence per parcel, which is part of the main building. 3 Allowed as a conditional use, subject to satisfying the following conditions: a The usable area per dwelling unit shall be the same as that required for dwelling units in the RS Zone; b The site square footage in area must be approved by the Commission; c Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR Zone; d Water and sewer facilities shall meet the requirements of all applicable health regulations; e The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i The property adjacent to the proposed dwelling group will not be adversely affected. 4 See “Townhouses” section. 5 See “Mobile Homes” section. 6 Allowed as a conditional use, subject to “Mobile Homes” section; and provided, that any mobile home park meets the minimum Federal Housing Authority requirements. 7 See “Planned Unit Residential Development” section. 8 Allowed as a conditional use; provided, that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9 Allowed as a conditional use; provided, that all applicable safety and fire regulations are met. 10 Provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. Page 34 KMC 14.22.010, Land use table Page 7 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. 11 Allowed as a conditional use; provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line; and provided further, that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12 Allowed as a conditional use; provided, that the following conditions are met: a The proposed location of the use and the size and characteristics of the site will maximize its benefit to the public; b Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13 Allowed as a conditional use; provided, that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. Animal boarding and commercial kennels require a kennel license (see KMC Chapter 3.15). 14 Allowed as a conditional use; provided, that no indication of said use is evident from the exterior of the mortuary. 15 Allowed; provided, that the following conditions are met: a An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16 See “Conditional Uses” section. 17 See “Conditional Use Permit for Surface Extraction of Natural Resources” section. 18 Conditional use allowed only on privately held property. Not allowed on government lands. 19 Reserved. 20 The airport-related uses allowed under this entry are aircraft approach and departure zones pursuant to KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, taxiways or parking aprons, FAA authorized uses are allowed. 21 Developments for use shall be the same as those listed in the Development Requirements Table for the RU/TSH Zones. 22 Allowed as a conditional use in conjunction with a permitted use in the ED Zone. For example, housing for teachers or students for a school in the zone. 23 Allowed as an accessory use in conjunction with a permitted use in the ED Zone. For example, a dormitory used to house students for a school or educational facility. Page 35 KMC 14.22.010, Land use table Page 8 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. 24 Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25 Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26 Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27 Personal services not set forth in the below matrix are conditional uses. Limited Commercial Zone Personal Services Permitted (P) Conditional Use (C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Fitness Centers X Massage Therapist X Photographic Studios X Self-Service Laundries X Tailors X Tanning Salons X Tattoo Parlors X 28 Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.150 and 14.20.255 are met. 29 Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a dedicated right-of-way and that driveway access is not more than two hundred seventy-five (275) feet as measured from Page 36 KMC 14.22.010, Land use table Page 9 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as-built drawing/survey of the parcel. 30 See marijuana regulations, KMC 14.20.230—Home Occupations, 14.20.320—Definitions, 14.20.330—Standards for commercial marijuana establishments. 31 See KMC 14.20.175—Adult businesses; no adult business may be located within one thousand (1,000) feet of another adult business, or sensitive use. “Sensitive use” means a church or other place of worship, a public or private school (licensed pre-K through twelfth grade) or businesses where or areas where youth are likely to be present (limited to public parks, youth recreational centers, public playgrounds, public libraries). (Amended during 7-7-99 supplement; Ord. 1862-2000; Amended during 12-1-00 supplement; Ords. 1911-2001, 1938-2001, 1956-2002, 1962-2002, 1990-2003, 1994-2003, 2053-2004, 2081-2005, 2112-2005, 2113-2005, 2144-2006, 2152-2006, 2185-2006, 2195-2006, 2246-2007, 2272-2007, 2403-2009, 2425-2009, 2546-2011, 2610-2012, 2649-2012, 2688-2013, 2784-2014, 2870-2016, 2884-2016, 3025-2018, 3056-2019, 3083-2019 (Substitute), 3363-2023) The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. City Website: www.kenai.city City Telephone: (907) 283-7535 Hosted by Code Publishing Company, A General Code Company. Page 37 Fo r e s t D r 20 1 6 C i t y K e n a i C o m p r e h e n s i v e P l a n Pu b l i c H e a r i n g D r a f t 61 Ju l y 2 0 1 6 Ma 7. Land Use Plan -General Commercial D Central Commercial Low Density Residential -Airport Industrial -Mixed Use -Industrial Institutional Parks, Recreation & Open Space Data Source: City of Kenai _,,,.-· 2016 I ·-·-·-·, t ' \ j ,·"' 0.5 2 Miles Date: 10/14/2016 Page 38 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: November 8, 2023 SUBJECT: 621 Fir Drive – Granting a Home Occupation Permit for Home Day Care for Up to Eight (8) Children Request The applicant is requesting to operate a home day care for up to eight (8) children. Staff Recommendation Approve the Home Occupation Permit for a Home Day Care for up to eight (8) children under the age of 12, including children related to the child care provider. Applicant: Pamela Brown Property Owner: Same as Applicant Legal Description: Lot 13, Block L, Woodland Subdivision Part II Property Address: 621 Fir Drive KPB Parcel No.: 04329017 Lot Size: 0.24-acre Zoning: Suburban Residential (RS) Current Use: Single-Family Dwelling Land Use Plan: Suburban Residential (SR) SUMMARY The applicant has applied for a Home Occupation Permit (HOP) to operate a home day care for up to eight (8) children. The HOP would be conducted within an approximately 998 square foot single-family dwelling consisting of two (2) bedrooms, 1 bath, and a 364 square foot attached garage. The proposed use would take place primarily within the dining area and living room for an approximate total area of 399 square feet. The applicant indicated on the application that they do not intend to have a small business sign. K(;NAI Page 39 621 Fir Drive Home Occupation Permit Child Care Home Page 2 of 3 ANALYSIS Pursuant to KMC 14.20.230(a), the intent of a home occupation permit is to allow uses that are compatible with other permitted uses and with the residential character of a neighborhood, and that are clearly secondary or incidental to the residential use of the main building. Prior to granting a home occupation permit, the administrative official shall determine that the application meets the criteria as outlined in KMC 14.20.230 Home Occupations Permit Application and recommend that the Commission grant the permit on the consent agenda. The proposed Home Day Care meets the intent of Kenai Zoning Code for home occupations because it would be an accessory use to the existing single-family residence. The parking requirement is same as a single-family/two-family dwellings, two (2) spaces per dwelling units and this requirement is met with the existing 1-car garage and driveway. Home Occupations – Development Requirements Kenai Municipal Code 14.20.230(d) sets forth the development requirements of a Home Occupation, as follows: • KMC14.20.230(d)(1) Not more than one (1) person outside the family shall be employed in the Home occupation. • Findings: The applicant states that there will not be more than one person outside of the family that will be employed for the home occupation. This requirement is met. • KMC 14.20.230(d)(2) No more than thirty percent (30%) of the gross floor area of all buildings on the lot shall be used for the home occupation. • Findings: The applicant has submitted a floorplan (see attachment) detailing the proposed area for the home day care. This area is approximately 399 square feet and is less than 30% of the gross floor area of all buildings on the lot. This requirement is met. • KMC 14.20.230(d)(3) The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. Findings: Only a portion of the single-family dwelling will be used for home day care. This requirement is met. Fire Code Inspections Pursuant to KMC 14.20.230(h)(1), Day care facilities shall be inspected by the Fire Marshal for compliance with the Fire Code (KMC 8.05) prior to approval of the permit. Thereafter, they shall be inspected every other year by the Fire Marshal. The initial fire safety inspection will be conducted at the request from Alaska Child Care Program Office (CCPO). A fire safety inspection is required by the State prior to becoming licensed. A biennial inspection will be required by the City. Page 40 621 Fir Drive Home Occupation Permit Child Care Home Page 3 of 3 PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.230(e)(4) Notice of the consideration by the Commission of a home occupation permit application shall be published once at least two (2) days prior to the meeting in a paper of general circulation in the City of Kenai. The public notice was published on Saturday, November 4, 2023 in the Peninsula Clarion. At this time, staff has not received any comments. STAFF RECOMMENDATION Staff finds that the proposed use meets the criteria for issuance of a Home Occupation Permit as set forth in Kenai Municipal Code 14.20.230, and hereby recommends that the Planning and Zoning Commission grant the Home Occupation Permit for a Home Day Care for up to eight (8) children under the age of 12, including children related to the child care provider within the designated area of the existing single-family dwelling, 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 Home Occupation Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. 3. A biennial inspection shall be conducted by the Fire Marshal for compliance with the Fire Code. 4. If a sign is proposed, the applicant must obtain a sign permit for the Home Occupation. ATTACHMENTS Aerial Map Application Floorplan Page 41 Suburban Residential Su b u r b a n R e s i d e n t i a l Suburban Residential Suburban Residential Suburban Residential Suburban Residential FI R D R CE D A R D R ELM AVE WAL N U T A V E OAK AVE Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community ¯0 100 20050 Feet Home Occupation Permit Home Day Care 621 Fir Drive KPB Parcel ID: 04329017 Date Printed: 11/8/2023 Parcels Subject Parcel Map for Reference Only NOT A LEGAL DOCUMENT K~NAI I I I I Page 42 Name: Mailing Address: City: Phone Number(s): Email: Name: Mailing Address: City: Phone Number(s): Email: Legal Description: Zoning: RECEIVED. City of Kenai Home Occupation OCT O g 2 023 Planning and Zoning Department 210 Fidalgo Avenue Permit F�I r�rni,·, r'j 8 oning Kenai, AK 99611 i,�.l ,iii;;:,•"... (907)283-8200 Appl i cati CIB}":-·-···�-·-------plann ing_@_kenai.cit� www .kena1 .city/planning Zip Code: State: Zip Code: Home occupation use (attach additional sheets if necessary): �-\--a.-\e L\Le� -:s...� -� ��� \ +�°'-'��\'-\ 't::>� E.c.l>-.;� �v -\a � e,,�\\C\X"e..n Home occupations are accessory uses conducted so the average neighbor would not be aware of its existence. Describe how the home occupation is compatible with other permitted uses and with the residential character of the neighborbood: Will you place a sign on the property for your home occupation? (allowed with an approved sign permit) □YES �O -- Kenai Peninsula Soro Physical _Addr~ss: Page 43 -~ Will no more than one person outside of the family be employed for the home occupation? Will no more than 30% of the gross floor area of all buildings on the lot be used for the home occupation? Will the home occupation take place in a wholly enclosed principal building or other building accessory to the principal building on the property? !(_YES ~YES ll YES AUTHORITY TO APPLY FOR HOME OCCUPATION PERMIT: 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 home occupation permit in conformance with Title 14 of the Kenai Municipal Code . I understand that assigned hearing dates are tentative and may have to be postponed by Planning Department staff for administrative reasons. I understand that a site visit may be required to process this applicat ion. City of Kenai personnel are authorized to access the above-referenced property for the purpose of processing this application. Signature: Print Name: Title/Business: Fire Inspection Status : For City Use Only Date Application Fee Received: PZ Resolution Number : Page 44 . . lo~\ ~\-r Dn\1-tJ 'r!...e.~ '~L C\C\~\\ ~\\ ~~4,~C P9:& ~ -t\.\..~~ ~ - ~..l. 1 ~-\~ O,C\."t_u\ '5~u--+-ll\\ ~'-r.L ( V Page 45 Kenai City Council - Regular Meeting Page 1 of 3 November 01, 2023 Kenai City Council - Regular Meeting November 01, 2023 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 3** Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. COUNCIL MEMBER KNACKSTEDT ELECTED AS VICE MAYOR. Election of Vice Mayor 4. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items 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 ADMINISTRATIVE REPORTS C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker) 1. Kenai Peninsula Economic Development District Quarterly Update, Tim Dillon Executive Director. D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3375-2023 - Accepting and Appropriating Donations from the Kenaitze Indian Tribe to Both the Animal Shelter and the Senior Center. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3376-2023 - Increasing Estimated Revenues and Appropriations in the General Fund, Parks and Recreation Department for the Purchase of Playground Equipment Utilizing a Grant from Marathon Petroleum. (Administration) 3. ADOPTED UNANIMOUSLY. Resolution No. 2023-62 - Establishing the 2024 City Council Regular Meeting Schedule. (City Clerk) 4. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2023-63 - Requesting the Governor of the State of Alaska Designate by Proclamation an Economic Disaster for 2023 for the Upper Cook Inlet East Side Set Net Fishery and Supporting A Recovery Plan. (Knackstedt) 5. ADOPTED UNANIMOUSLY. Resolution No. 2023-64 - Authorizing a Professional Services Agreement and Corresponding Purchase Order for the 2024 Apron Crack Seal, Marking and Seal Coat Project for the Kenai Municipal Airport. (Administration) Page 46 Kenai City Council - Regular Meeting Page 2 of 3 November 01, 2023 6. ADOPTED UNANIMOUSLY. Resolution No. 2023-65 - Authorizing a Contract for Employee Health Care and Basic Life Insurance Effective January 1, 2024. (Administration) F. MINUTES 1. *Regular Meeting of October 19, 2023. (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. *Action/Approval - Confirmation of Mayoral Nominations for Partial Term Appointments to the Harbor Commission. (Mayor Gabriel) 4. ADDED TO AND APPROVED BY THE CONSENT AGENDA. Action/Approval - Letter of Support for the Kenai Peninsula Housing Initiatives, Inc. Grant application to develop Senior and Low-Income Housing. (Administration) 5. *Ordinance No. 3377-2023 - Accepting and Appropriating an Increase in the Title III Grant from the State of Alaska Department of Health and Social Services for Nutrition, Transportation and Support Services and an American Rescue Plan Act Grant Passed through the State of Alaska Department of Health and Social Services for Kenai Senior Center Expenditures in Support of its Response to the COVID-19 Public Health Emergency. (Administration) 6. *Ordinance No. 3378-2023 - Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Area-Wide Senior Thanksgiving Dinner. (Administration) 7. *Ordinance No. 3379-2023 - Accepting and Appropriating a Grant from the U.S. Department of Homeland Security Passed through the State of Alaska Department of Military and Veterans’ Affairs for the Purchase of Trauma Care Supplies. (Administration) 8. *Ordinance No. 3380-2023 - Amending Kenai Municipal Code 22.05.095 - Methods of Sale or Disposal, to Provide a Veterans Land Purchase Price Discount for Certain Residential Land Purchases. (Baisden) 9. APPROVED UNANIMOUSLY AND COUNCIL MEMBER ASKIN APPOINTED TO SUPERVISORY SUB-COMMITTEE. Action/Approval - Mayoral Liaison Nominations for Appointment to Committees and Commissions. (Gabriel) 10. Discussion/Action - Virtual Meetings Participation. (Clerk) I. 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 J. REPORT OF THE MAYOR Page 47 Kenai City Council - Regular Meeting Page 3 of 3 November 01, 2023 K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION N. PENDING ITEMS O. ADJOURNMENT P. 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/j/88254302807 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 882 5430 2807 Passcode: 357355 Meeting ID: 882 5430 2807 Passcode: 357355 Page 48 Planning Commission Kenai Peninsula Borough Meeting Agenda 144 North Binkley Street Soldotna, AK 99669 Betty J. Glick Assembly Chambers7:30 PMMonday, October 23, 2023 Zoom Meeting ID 907 714 2200 The hearing procedure for the Planning Commission public hearings are as follows: 1) Staff will present a report on the item. 2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative – 10 minutes 3) Public testimony on the issue. – 5 minutes per person 4) After testimony is completed, the Planning Commission may follow with questions. A person may only testify once on an issue unless questioned by the Planning Commission. 5) Staff may respond to any testimony given and the Commission may ask staff questions. 6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence. 7) The Chair closes the hearing and no further public comment will be heard. 8) The Chair entertains a motion and the Commission deliberates and makes a decision. All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or her name and mailing address on the sign -in sheet located by the microphone provided for public comment . They must begin by stating their name and address for the record at the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities . Decorum must be maintained at all times and all testifiers shall be treated with respect. A. CALL TO ORDER Reappointment of Commissioner a. Troy Staggs, City of Seward B. ROLL CALL Page 1 Printed on 10/23/2023Page 49 October 23, 2023Planning Commission Meeting Agenda C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and non-controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. 1. Time Extension Request 2. Planning Commission Resolutions 3. Plats Granted Administrative Approval a. A.A. Mattox 2023 Replat; KPB File 2023-050 b. Crossman Ridgeview; KPB File 2022-044 c. North 20 Subdivision AHO Replat; KPB File 2022-152 d. Patch Subdivision 2023; KPB File 2023-030R1 e. Stanley’s Meadow 2023; KPB File 2023-024 KPB-5563 C3. Admin ApprovalsAttachments: 4. Plats Granted Final Approval (KPB 20.10.040) 5. Plat Amendment Request 6. Commissioner Excused Absences a. Pamela Gillham, Kalifornsky-Kasilof District 7. Minutes October 9, 2023 PC Meeting MinutesKPB-5564 C7. 100923 PC MinutesAttachments: D. NEW BUSINESS Page 2 Printed on 10/23/2023Page 50 October 23, 2023Planning Commission Meeting Agenda Building Setback Encroachment Permit; KPB File 2023-097 Petitioner/Landowner: Frison Request: 20’ x 24’ garage to be constructed in the 20’ building setback Location: Block 1, Lot 1, Ashton Park Subdivision; Plat KN 1997-074 Kalifornsky Area KPB-5566 D1. BSEP_Ashton Park_Packet D1. Desk Packet Attachments: E. OLD BUSINESS Remand Hearing Building Setback Encroachment; KPB File 2022-121 Legal Description: Lot 10, Lake Estates Subdivision, Plat KN 1648 Applicants: David & Nancy Whitmore General Location: GL Hollier Street Ridgeway Area KPB-5565 E1. BSEP Lake Estates SubAttachments: F. PLAT COMMITTEE REPORT G. OTHER Planning Commission Bylaws DiscussionKPB-5567 G1. PC Bylaws_PacketAttachments: H. PUBLIC COMMENT/PRESENTATION (Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per speaker unless previous arrangements are made) I. DIRECTOR'S COMMENTS J. COMMISSIONER COMMENTS K. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING Page 3 Printed on 10/23/2023Page 51 October 23, 2023Planning Commission Meeting Agenda The next regularly scheduled Planning Commission meeting will be held Monday, November 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. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 Phone: toll free within the Borough 1-800-478-4441, extension 2215 Fax: 907-714-2378 e-mail address: planning@kpb.us website: http://www.kpb.us/planning-dept/planning-home A party of record may file an appeal of a decision of the Planning Commission in accordance with the requirements of the Kenai Peninsula Borough Code of Ordinances. An appeal must be filed with the Borough Clerk within 15 days of the notice of decision, using the proper forms, and be accompanied by the filing and records preparation fees. Vacations of right-of-ways, public areas, or public easements outside city limits cannot be made without the consent of the borough assembly. Vacations within city limits cannot be made without the consent of the city council. The assembly or city council shall have 30 calendar days from the date of approval in which to veto the planning commission decision. If no veto is received within the specified period, it shall be considered that consent was given. A denial of a vacation is a final act for which the Kenai Peninsula Borough shall give no further consideration . Upon denial, no reapplication or petition concerning the same vacation may be filed within one calendar year of the date of the final denial action except in the case where new evidence or circumstances exist that were not available or present when the original petition was filed. Page 4 Printed on 10/23/2023Page 52 PLANNING & ZONING COMMISSION Resolution PZ2023-19 –Rezone from General Commercial (CG) to Suburban Residential (RS) Zoning District 1202, 1204, and 1206 First Avenue and 103 Birch Street November 8, 2023 REZONE –General Commercial (CG) to Suburban Residential (RS) Summary Current Uses Single-Family Residence, Accessory Structures, and Vacant Parcels Proposed Zoning Suburban Residential (SR) Land Use Designation Mixed-Use Rezone Area 2.36 acres (4 parcels) Surrounding Uses North Residential South Commercial West Commercial/Industrial East Residential EXISTING ZONINGThe CG Zone is established 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 usesbecause 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. PROPOSED ZONINGThe RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1)To separate residential structures to an extent which will allow for adequate light, air, and privacy; (2)To prohibit uses which would: (A)Violate the residential character of the environment; (B)Generate heavy traffic in predominantly residential areas. LAND USE CLASSIFICATIONMixed use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses are co-located in an integrated way that supports sustainable forms of transport such as public transport, walking and biking, and increases neighborhood amenities. Compatibility issues are addressed through careful site layout and building design. Staff Recommendation Adopt Resolution PZ2023-19 recommending approval to rezone the properties located at 1202,1204,and 1206 First Avenue and 103 Birch Street from General Commercial (CG)to Suburban Residential (RS)zoning district. Next Steps •Planning &Zoning Commission’s recommendation will be forwarded to CityCouncilforconsideration. •If the Rezone is approved by City Council,the submitted preliminary plat tosubdivide103BirchStreetwillbeprocessedaccordingly. PLANNING & ZONING COMMISSION Resolution PZ2023-19 –Rezone from General Commercial (CG) to Suburban Residential (RS) Zoning District 1202, 1204, and 1206 First Avenue and 103 Birch Street November 8, 2023 CERTIFICATE OF PUBLICATION & POSTING I, Linda Mitchell, Planning Director of the City of Kenai, do hereby certify that on the 30th day of October 2023, I electronically mailed or caused to be published the foregoing Notice of Meeting to the Peninsula Clarion and requested that this Notice be published in the November 4, 2023 edition of their newspaper. On the 8th day of November, 2023, the full meeting agenda was also posted at Kenai City Hall and on the internet at www.kenai.city. ___________________________ Linda Mitchell, Planning Director