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HomeMy WebLinkAbout2025-01-08 Planning & Zoning PacketPlanning & Zoning Commission - Regular Meeting Page 1 of 2 January 08, 2025 Kenai Planning & Zoning Commission - Regular Meeting January 08, 2025 - 7:00 PM Council Chambers, City Hall, 210 Fidalgo Avenue, Kenai, AK 99611 *Telephonic/Virtual Information on Page 2* http://www.kenai.city Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Election of Chair and Vice Chair 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 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 11, 2024 C. SCHEDULED PUBLIC COMMENT (Public comment limited to ten (10) minutes per speaker) D. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. CONSIDERATION OF PLATS 1. Resolution PZ2025-01 - Recommending Approval of Preliminary Plat – Barber Heights for a replat of Lot 1, Riedel Subdivision in the Rural Residential (RR) Zoning District. F. PUBLIC HEARINGS G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval – Requesting Excused Absences for the December 11, 2024 Regular Meeting – Krause and Fikes 2. Action/Approval – Recommending the Kenai City Council Enact Ordinance No. XXXX-2025 – Amending Kenai Municipal Code Section 14.22.010 – Land Use Table to allow Airports as a principal permitted use in the Airport Light Industrial Zone. 3. Discussion/Recommendation - Review CY2024 and Develop CY2025 Goals. Page 1 Planning & Zoning Commission - Regular Meeting Page 2 of 2 January 08, 2025 I. REPORTS 1. Planning Director 2. Commission Chair 3. Kenai Peninsula Borough Planning 4. City Council Liaison J. ADDITIONAL PUBLIC COMMENT (Public comment limited to five (5) minutes per speaker) K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: January 22, 2025 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. **COMMISSIONERS, PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING** Zoom Registration: Registration link for the 1/8 P&Z: Registration is required to join the meeting remotely through Zoom. Please use the link below to register: https://us02web.zoom.us/meeting/register/AOsgjz9fQvS3XdrG2N1LGQ Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING DECEMBER 11, 2024 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR JOE HALSTEAD, PRESIDING Planning & Zoning Commission Meeting Page 1 of 3 December 11, 2024 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on December 11, 2024, in City Hall Council Chambers, Kenai, AK. Chair Halstead called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Chair Halstead led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Joe Halstead, Chair Jeff Twait, Vice Chair Glenese Pettey Sonja Earsley Gwen Woodard A quorum was present. Absent: Diane Fikes Stacie Krause Also in attendance were: Kevin Buettner, Planning Director Deborah Sounart, City Council Liaison Meghan Thibodeau, Deputy City Clerk 3. Approval of Agenda and Consent Agenda MOTION: Commissioner Pettey 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 Halstead 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 November 13, 2024 Page 3 Planning & Zoning Commission Meeting Page 2 of 3 December 11, 2024 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS 1. Resolution No. PZ2024-24 – Recommending Approval of Preliminary Plat – FBO Subdivision 2024 Addition for a Replat of Lots 5A and 5B of FBO Subdivision No. 10 Located in the Airport Light Industrial (ALI) Zoning District. MOTION: Vice Chair Twait MOVED to approve Resolution PZ2024-24. Commissioner Woodard SECONDED the motion. Planning Director Buettner provided an overview of the staff report as included in the packet and attached to Resolution No. PZ2024-24, and explained the purpose of the plat was to merge two plats into one so that setback requirements can be met for future development; it was noted that staff’s recommendation is approval. Commissioner Pettey expressed support; further clarification was provided that Edge Surveying recommended the replat on behalf of another private company. UNANIMOUS CONSENT was requested. There being no objection; SO ORDERED. F. PUBLIC HEARINGS – None. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. *Action/Approval – Requesting an Excused Absence for the November 13, 2024 Regular Meeting – Krause Approved by the consent agenda. I. REPORTS 2. Commission Chair – Noted the dangerous road conditions due to weather; encouraged the Commissioners to meet an attending member of the public who was interested in Planning & Zoning. 1. Planning Director – Planning Director Buettner reported on the following: • The regular meeting of December 26, 2024 is cancelled due to lack of agenda items. • Upcoming business in the new year for the Planning & Zoning Commission will include recommendations for code amendments. 3. Kenai Peninsula Borough Planning – No report. 4. City Council Liaison – Council Member Sounart reported on recent actions and activities of the City Council. J. ADDITIONAL PUBLIC COMMENT – None. Page 4 Planning & Zoning Commission Meeting Page 3 of 3 December 11, 2024 K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: January 8, 2025 Commissioner Earsley noted she would be absent. L. COMMISSION COMMENTS AND QUESTIONS M. PENDING ITEMS – None. N. ADJOURNMENT O. INFORMATIONAL ITEMS – None. There being no further business before the Planning & Zoning Commission, the meeting was adjourned at 7:11 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of December 11, 2024. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 5 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-01 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT FOR BARBER HEIGHTS ATTACHED HERETO BE APPROVED. PROPERTY ADDRESSES: 5450 King Salmon Drive LEGAL DESCRIPTIONS: Lot 1, Riedel Subdivision KPB PARCEL NUMBERS: 04950007 WHEREAS, the City of Kenai received a preliminary plat from Peninsula Surveying, LLC, on behalf of the property owners, Zachary and Micha Savage for a replat of Lot 1, Riedel Subdivision; and, WHEREAS, the preliminary plat meets the minimum lot width and minimum lot depth requirements as outlined in Kenai Municipal Code (KMC) Section 14.10.070(d)(2); and, WHEREAS, the existing street names are referenced correctly; and, WHEREAS, the proposed lot has access from King Salmon Drive (a City-maintained gravel road); and, WHEREAS, City water and sewer lines are not available to the lot; and, WHEREAS, an installation agreement is not required; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to KMC 14.10.070 Subdivision Design Standards, the preliminary plat for replat, subject to the listed conditions, provides utilities/access easements, provides a satisfactory and desirable building site, and the on-site water and wastewater systems are subject to the regulatory requirements of ADEC. 2. Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is a replat of two lots within a subdivision that has dedicated rights-of-way and determined acceptable access, subject to the listed conditions. Therefore, an installation agreement is not required. 3. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the RR zoning district of 20,000 square feet, the resulting lot size of this merger will be approximately 4.871 acres. Page 6 Resolution No. PZ2025-01 Page 2 of 2 4. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width/depth and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That preliminary plat Barber Heights for a replat of Lot 1, Riedel Subdivision be approved subject to the following conditions, 1. Further development of the property will conform to all federal, State of Alaska, and local regulations. 2. Addition of a plat note stating “All lands within the City of Kenai are subject to City of Kenai Zoning regulations. Additionally, all development on Lot 1-A must comply with Kenai Zoning regulations. Landowners must contact the City of Kenai Planning Department prior to development.” PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 8TH DAY OF January, 2025. JOE HALSTEAD, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 7 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Brandon McElrea, Planning Technician DATE: December 23, 2024 SUBJECT: Resolution No. PZ2025-01 – Preliminary Plat – Barber Heights Request The applicant is proposing a preliminary plat to replat Lot 1, Riedel Subdivision. Staff Recommendation Adopt Resolution No. PZ2025-01 recommending approval of Preliminary Plat – Barber Heights enlarging Lot 1, Riedel Subdivision to 4.871 acres. Applicant: Peninsula Surveying, LLC. Attn: Jason Schollenberg 10535 Katrina Blvd Ninilchik, AK 99639 Property Owner: Zachary and Micha Savage Legal Description: Lot 1, Riedel Subdivision Property Address: 5450 King Salmon Drive KPB Parcel No.: 04950007 Zoning District: Rural Residential (RR) Land Use Plan: Low Density Residential (LDR) Surrounding Uses: Rural Residential SUMMARY A preliminary plat has been submitted from Peninsula Surveying, LLC on behalf of Zachary and Micha Savage for a replat of Lot 1, Riedel Subdivision to merge with approximately 1.179 acres of the proposed development to the east. The subject lot is on King Salmon Drive. The subject lot is improved with a single-family dwelling, driveway, private well and septic system. The purpose Page 8 Resolution No. PZ2025-01 Preliminary Plat Barber Heights Page 2 of 3 of this subdivision is to provide a buffer space between the existing dwelling and the new residential development to the east. Merging these lots will ensure that the dwelling on the subject lot maintains privacy from future development to the east. As a portion of this proposed lot will reside outside of the Kenai City limits, staff recommends that a plat note be added requiring the entire lot be subject to all City of Kenai Zoning regulations. While the current preliminary plat does not have this note included, staff has been in contact with the surveyor requiring the addition of this note (see Attachment 1). Kenai Municipal Code (KMC) Chapter 14.10 Subdivision Regulations states preliminary plats or replats must first be submitted to the City for review and provide recommendation to the Kenai Peninsula Borough Planning Commission. ANALYSIS The proposed parcel merger meets the preliminary plat requirements and development requirements for the Rural Residential (RR) zoning district. At 4.871 acres, the proposed merged parcel exceeds the RR minimum lot size of 20,000 square feet. Access is off of King Salmon Drive, which is a City maintained gravel road. City water and wastewater are not available in this area, however, onsite water and wastewater have been installed on-site and are subject to the regulatory requirements of the State of Alaska, Department of Environmental Conservation (ADEC). The Public Works Director, Fire marshal, and Building Official have reviewed the preliminary replat and have no comments. Staff finds that the preliminary plat for a replat of Lot 1, Riedel Subdivision meets the following Title 14 of Kenai Municipal Code (KMC) sections and aligns with the intent of the Kenai Zoning Code. 1. Pursuant to KMC 14.10.070 Subdivision Design Standards, the preliminary plat for replat, subject to the listed conditions, provides utility/access easements, provides a satisfactory and desirable building site, and the on-site water and wastewater systems are subject to the regulatory requirements of ADEC. 2. Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is a replat of a lot within a subdivision that has dedicated rights-of-way and determined acceptable access, subject to the listed conditions. Therefore, an installation agreement is not required. 3. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the RR zoning district of 20,000 square feet, the resulting lot size of this merger will be approximately 4.871 acres. 4. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width/depth and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. STAFF RECOMMENDATION Staff finds that the proposed preliminary plat for Barber Heights to replat Lot 1, Riedel Subdivision meets the general standards of Kenai Municipal Code (KMC), Chapter 14.10 Subdivision Regulations and Chapter 14.24 Development Requirements Table and hereby recommends that Page 9 Resolution No. PZ2025-01 Preliminary Plat Barber Heights Page 3 of 3 the Planning and Zoning Commission recommend approval of Resolution No. PZ2025-01 for a replat of Lot 1, Riedel Subdivision to the Kenai Peninsula Borough, subject to the following conditions. 1. Further development of the property will conform to all federal, State of Alaska, and local regulations. 2. Addition of a plat note stating “All lands within the City of Kenai are subject to City of Kenai Zoning regulations. Additionally, all development on Lot 1-A must comply with Kenai Zoning regulations. Landowners must contact the City of Kenai Planning Department prior to development.” ATTACHMENTS Aerial Map Application Preliminary Plat, Barber Heights Attachment 1 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. XXXX-2025 AN ORDINANCE AMENDING KENAI MUNICIPAL CODE SECTION 14.22.010 – LAND USE TABLE, TO ALLOW AIRPORTS AS A PRINCIPAL PERMITTED USE IN THE AIRPORT LIGHT INDUSTRIAL ZONE. WHEREAS, the Imagine Kenai 2030 Comprehensive Plan (“Comprehensive Plan”), identified a Land Use objective to review existing zoning and subdivision codes to determine if they address current and future land uses adequately; and, WHEREAS, the Kenai Municipal Airport and surrounding land was transferred to the City of Kenai by the federal government in 1963 and was a permitted use within the Conservation zone; and, WHEREAS, the City of Kenai enacted Kenai Municipal Code Section 14.20.065 – Airport Light Industrial (ALI) Zone in May 2016 with Ordinance 2884-2016; and, WHEREAS, the City of Kenai rezoned 51 parcels owned by the City, including the Kenai Municipal Airport, within the Airport Reserve Boundary to ALI in May 2016 with Ordinance 2885-2016; and, WHEREAS, Airports are currently considered a conditional use within the ALI zone; and, WHEREAS, Airports should be a principal permitted use within the ALI zone; and, WHEREAS, at its meeting on January 8, 2025, the Planning and Zoning Commission recommended ____________; and, WHEREAS, at its meeting on January 9, 2025, the Airport Commission recommended ____________; and, WHEREAS, it is in the best interests of the City to align the zoning code to current land uses around the Kenai Municipal Airport to clarify the type of development sought for future economic investments; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section of Kenai Municipal Code: That Kenai Municipal Code, Section 14.22.010 – Land Use Table, Industrial subsection, Airports is hereby amended as follows: KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions Page 19 Ordinance No. XXXX-2025 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ZONING DISTRICTS LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU WW INDUSTRIAL Airports P [C] P20 C N C N N C C C C C N C N N C C 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 XXND DAY OF January, 2025. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: Month DD, YYYY Enacted: Month DD, YYYY Effective: Month DD, YYYY Page 20 MEMORANDUM TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director DATE: January 8, 2025 SUBJECT: Action/Approval – Recommending the Kenai City Council Enact an Ordinance – Amending Kenai Municipal Code Section 14.22.010 – Land Use Table, to Allow Airports as a Principal Permitted Use in the Airport Light Industrial Zone The Kenai Municipal Airport was transferred to the City of Kenai by the federal government in 1963. At the time of its transfer, the airport was located in the Conservation Zone as defined in the land use table of Kenai Municipal Code. Airports are only a primary permitted use in the Conservation Zone, and may be a conditional use in other zones, as outlined in the aforementioned land use table. In 2016, the City of Kenai enacted Kenai Municipal Code Section 14.20.065 – Airport Light Industrial (ALI) Zone with Ordinance 2884-2016. Subsequently, the City of Kenai rezoned 51 parcels owned by the City, including the Kenai Municipal Airport, within the Airport Reserve Boundary to ALI with Ordinance 2885-2016. The intent of the ALI Zone is to protect the viability of the Kenai Municipal Airport as a significant resource to the community. Upon review in 2024, it was discovered that Airports, as a land use, are not a Principal Permitted Use within the ALI Zone. Instead, Airports are a conditional use in the ALI Zone. As currently zoned and defined in Kenai Municipal Code, the Kenai Municipal Airport would require a Conditional Use Permit to be issued by the Planning & Zoning Commission and an annual report would be required. Planning staff believe this is an unnecessary requirement and would not be an efficient use of staff resources. Further, Planning staff believes it is in the best interests of the City to align the zoning code to current land uses in and around the Kenai Municipal Airport to clarify the type of development sought for future economic investments. Zoning codes should be clear and concise, reducing confusion and promoting the growth and vibrancy of the City. As such, the Planning staff have recommended to the Planning & Zoning Commission that an amendment to Kenai Municipal Code Section 14.22.010 should be made as follows: Page 21 Page 2 of 2 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 WW INDUSTRIAL Airports P [C] P20 C N C N N C C C C C N C N N C C MEMORANDUM TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Beth McDonald, Planning Assistant DATE: January 8, 2025 SUBJECT: Planning and Zoning – 2024 Report General Information It was a busy year for Planning and Zoning, and Staff would like to thank the Commission for their work and dedication to the City of Kenai. With the departure of a Planning Director and the onboarding of a new one, there have been a few hurdles to overcome, but both the Commission and staff have kept everything on an even keel. A number of projects that were to be implemented or initiated in 2024 have been pushed to 2025 either due to staffing or a lack of anticipated grant funding. One of the major projects forecast for 2025 will be the update to the City of Kenai Hazard Mitigation Plan. This plan is a requirement for the city to pursue grant funding for mitigation and prevention projects to reduce the impacts from natural and man-made disasters. Looking forward into 2025, I am asking for the Commission’s support in undertaking a more proactive, economic development-focused direction for the City. This may include pursuing grant funding for the next phase of the Waterfront Revitalization project, which could serve as a catalyst for development in the City. Other potential changes may be the consideration of rezoning areas of town where there are numerous conditional use permits, to reduce the burden on our local small businesses. A review of the conditional use permitting procedures may also be beneficial to streamline the process for the benefit of staff, the Commission, and the residents/busi nesses that call our city home. Staff are also planning to assist other city departments pursue funding opportunities to implement projects that are contained within Master Plans, Capital Improvement Plans, and other guiding documents. This would not detract from normal workloads, but would enhance the city’s ability to maintain Kenai as the best city on the peninsula. Public Inquiry  See Attached Report Page 23 Page 2 of 2 Application Summary  Lands – See Attached Report  Leases – See Attached Report  Planning & Zoning – See Attached Report Code Enforcement and Compliance In 2024, Planning and Zoning received a total of 57 complaints, resulting in 53 cases opened, of which 35 were closed. Our current total of open cases is 26, with 4 cases referred to other departments. The attached report shows the breakdown of types of complaints, as well as the current case status. Due to other priority projects, staff has delayed the implementation of the code enforcement solution. It is anticipated that Code Enforcement and the implementation of Cloud Permit will be a priority in 2025. Planning and Zoning Commission  There were 14 public meetings in 2024, and 1 work session.  There were 24 Resolutions presented to the commission. o 9 Preliminary Plats (1 denied) o 11 Conditional Use Permits (1 denied) o 1 Encroachment Permit o 1 Variance Permit (denied)  3 Resolutions were forwarded to 2 hearings of the Board of Adjustment, where the decision of the Commission was upheld.  There were 12 Action/Approvals presented to the Commission: o Recommendations to Council: 5 o Home Occupation Permit Approvals: 2 o Lease Approvals: 3 o Street Rename: 1 o CUP Transfer: 1 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 CERTIFICATE OF PUBLICATION & POSTING I, Beth McDonald, Planning Administrative Assistant of the City of Kenai, do hereby certify that on the 30th day of December, 2024, 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 January 3rd edition of their newspaper. On the 2nd day of January 2025, the full meeting agenda was also posted at Kenai City Hall and on the internet at www.kenai.city. ___________________________ Beth McDonald Planning Administrative Assistant