HomeMy WebLinkAbout2025-02-12 Planning & Zoning PacketPlanning & Zoning Commission - Regular Meeting Page 1 of 2
February 12, 2025
Kenai Planning & Zoning Commission - Regular
Meeting
February 12, 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. 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 January 22, 2025
C. SCHEDULED PUBLIC COMMENT (Public comment limited to ten (10) minutes per
speaker)
1. Aspen Creek Construction – Doug Clegg, Owner
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 PZ2025-04 - Granting a Conditional Use Permit for Off Street Parking on the
Property Described as Tract 1, Frontage Road Subdivision, Located at Approximately Mile 11.4
Kenai Spur Highway, Within the Central Mixed Use (CMU) Zoning District.
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. *Action/Approval – Requesting Excused Absences for the January 22, 2025 Regular Meeting
– Woodard
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Planning & Zoning Commission - Regular Meeting Page 2 of 2
February 12, 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: February 26, 2025
L. COMMISSION COMMENTS AND QUESTIONS
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATIONAL ITEMS
1. April 16, 2025, 5 PM: Joint Work Session with City Council - Safe Streets for All Draft Plan to
be held in Council Chambers
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**
Registration is required to join the meeting remotely through Zoom. Please use the link below to
register:
https://us02web.zoom.us/meeting/register/ct5pi_NMTpGwPS7JZn-VHA
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KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
JANUARY 22, 2025 – 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 4
January 22, 2025
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai Planning & Zoning Commission was held on January 22, 2025, 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
Stacie Krause Diane Fikes
A quorum was present.
Absent:
Gwen Woodard
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:
Vice Chair Twait MOVED to approve the agenda and consent agenda. Commissioner Fikes 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. AP PROVAL OF MINUTES
1. *Regular Meeting of January 8, 2025
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Planning & Zoning Commission Meeting Page 2 of 4
January 22, 2025
Approved by the consent agenda.
C. SCHEDULED PUBLIC COMMENTS - None.
D. UNSCHEDULED PUBLIC COMMENTS - None.
E. CONSIDERATION OF PLATS
1. Resolution PZ2025-02 - Recommending Approval of Preliminary Plat – The Lake at Kenai
2025 Addition for a Replat of Tract A, The Lake at Kenai 2016 Addition – Phase 1 in the
Rural Residential (RR) Zoning District.
MOTION:
Vice Chair Twait MOVED to approve Resolution PZ2025-02. Commissioner Fikes SECONDED the
motion.
Planning Director Buettner provided an overview of the staff report as included in the packet and attached
to Resolution No. PZ2025-02, and explained the purpose of the plat was to create nine residential lots
and dedicate the rights-of-way for 60-foot wide Peace of Mind Circle, and 102-foot wide Anglers Cove
Court. It was noted that staff’s recommendation is approval subject to the conditions specified within the
staff report as attached to Resolution No. PZ2025-02.
VOTE:
YEA: Fikes, Twait, Earsley, Pettey, Krause, Halstead
NAY: None
ABSENT: Woodard
MOTION PASSED WITHOUT OBJECTION.
2. Resolution PZ025-03 - Recommending Approval of Preliminary Plat – Beaver Loop Acres
No. 3 Subdivision for a Subdivision of SW1/4 Nw1/4 & SW1/4 & S1/2 SE1/4 &NE1/4 SE1/4,
Section 3, Township 5 North, Range 11 West, Seward Meridian in the Rural Residential
(RR) Zoning District.
MOTION:
Commissioner Earsley MOVED to approve Resolution PZ2025-03. Vice Chair Twait SECONDED the
motion.
Planning Director Buettner provided an overview of the staff report as included in the packet and attached
to Resolution No. PZ2025-03, and explained the purpose of the plat was a subdivision that will create
five parcels. It was noted that staff’s recommendation is approval subject to the conditions specified within
the staff report as attached to Resolution No. PZ2025-03.
MOTION:
Vice Chair Twait MOVED to correct the title on the agenda to PZ2025-03. Commissioner Earsley
SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to correct the title.
There being no objection; SO ORDERED.
VOTE:
YEA: Krause, Earsley, Pettey, Fikes, Halstead, Twait
NAY: None
ABSENT: Woodard
MOTION PASSED WITHOUT OBJECTION.
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Planning & Zoning Commission Meeting Page 3 of 4
January 22, 2025
F. PUBLIC HEARINGS – None.
G. UNFINISHED BUSINESS – None.
H. NEW BUSINESS
1. *Action/Approval – Requesting Excused Absences for the January 8, 2025 Regular
Meeting – Halstead, Earsley, and Krause
Approved by the consent agenda.
2. Action/Approval – Approving the Transfer of a Conditional Use Permit PZ2021-42 for the
use of a Hotel (Short Term Recreational Rentals) on the property described as Lot 1, Block
2, Anglers Acres Sub Addn. No. 1, Part 2, located at 1230 Angler Drive within the Rural
Residential Zoning District.
MOTION:
Vice Chair Twait MOVED to approve the Transfer of a Conditional Use Permit PZ2021-42. Commissioner
Fikes SECONDED the motion.
Planning Director Buettner provided an overview of the staff report as included in the packet, and
explained that the use will remain the same and only the owner will change for the site. It was noted that
staff’s recommendation is approval subject to the conditions set forth in the previously approved CUPs.
Clarification was provided that no code violations or complaints had been reported on this property.
VOTE:
YEA: Earsley, Pettey, Krause, Halstead, Fikes, Twait
NAY: None
ABSENT: Woodard
MOTION PASSED WITHOUT OBJECTION.
3. Action/Approval – Approving a time extension for the finalization of Windhaven Estates
Phase 4 Preliminary Plat.
MOTION:
Vice Chair Twait MOVED to approve a time extension for the finalization of Windhaven Estates Phase 4
Preliminary Plat. Commissioner Fikes SECONDED the motion.
Planning Director Buettner provided an overview of the staff report as included in the packet, and
explained that the Kenai Peninsula Borough Platting Authority has asked for the Commission’s
recommendation to approve the time extension for a second time.
Discussion followed on status of road development and reasons for delay.
VOTE:
YEA: Twait, Earsley, Fikes, Halstead, Krause, Pettey
NAY: None
ABSENT: Woodard
MOTION PASSED WITHOUT OBJECTION.
I. REPORTS
1. Planning Director – Planning Director Buettner reported on the following:
• Conditional Use Permits provided in the packet under Informational Items had been
requested during the previous meeting.
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Planning & Zoning Commission Meeting Page 4 of 4
January 22, 2025
• Planning and Zoning Department is reviewing Title 14 for administrative changes and
sections in need of update; rewrites will be brought to the Commission for their
recommendation.
• Kenai Municipal Airport Master Plan update is ongoing.
2. Commission Chair – No report.
3. Kenai Peninsula Borough Planning – Commissioner Fikes reported on recent actions of the
Kenai Peninsula Borough Planning Commission.
4. City Council Liaison – Council Member Sounart reported on recent actions of the City
Council.
J. ADDITIONAL PUBLIC COMMENT – None.
K. NEXT MEETING ATTENDANCE NOTIFICATION
1. Next Meeting: February 12, 2025
Vice Chair Twait noted he will be absent; Commissioner Krause will be attending remotely.
L. COMMISSION COMMENTS AND QUESTIONS
Commissioner Pettey thanked Administration for providing the Aspen Creek CUPs in the packet.
Commissioner Fikes thanked Administration for providing the Aspen Creek CUPs, and inquired about
the new restaurant that will be in the Airport.
M. PENDING ITEMS – None.
N. ADJOURNMENT
O. INFORMATIONAL ITEMS
1. Conditional Use Permits - 701 N. Forest Drive, Aspen Creek
2. Airport Master Plan Public Meeting – February 4, 2025, 5:30 PM in Council Chambers at
City Hall
There being no further business before the Planning & Zoning Commission, the meeting was adjourned
at 7:32 p.m.
I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of January
8, 2025.
___________________________________
Meghan Thibodeau
Deputy City Clerk
Page 6
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2025-04
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE USE OF ON-
STREET PARKING SPACES ALONG FRONTAGE ROAD TO MEET THE MINIMUM OFF-
STREET PARKING REQUIREMENTS FOR THE BOW BAR.
APPLICANT: Kelsey Meyer
PROPERTY OWNER: D & E Investments
PROPERTY ADDRESS: 502 Main Street
LEGAL DESCRIPTION: Lot 1, Block 4, Original Townsite of Kenai Rainbow Addition
Amended
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04706442
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on January 15, 2025; and,
WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit
have been met pursuant to Kenai Municipal Code 14.20.150; and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing on February 12, 2025, following requirements outlined in Kenai Municipal Code
14.20.280 for public hearings and notifications.
WHEREAS, the Planning and Zoning Commission finds:
1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the
purposes and intent of the zoning district;
Findings: The proposed use is consistent with the purpose of the Kenai Zoning Code,
specifically, KMC 14.20.250 Off-Street Parking and Loading Requirements. Under the
provision of KMC 14.20.250, it states certain conditions must be met in order to allow the
use of public parking lot to be counted towards the minimum off-street parking
requirement, which is analyzed in detailed under Criteria 6. The following table shows the
required parking for a drinking establishment.
Page 7
Resolution No. PZ2025-04
Page 2 of 4
INSTITUTIONS, PUBLIC
USES/COMMERCIAL
MINIMUM NUMBER OF PARKING
SPACES REQUIRED
Restaurants, cafés, delicatessen, eating and
drinking establishments, clubs, nightclubs and
lodges, etc.
One (1) per each two hundred (200) square
feet of gross floor area or one (1) per four (4)
seats, whichever is greater.
The proposed use would not violate the character of the neighborhood as it has functioned
as a public parking area for over fifty (50) years. Furthermore, the proposed use is not
anticipated to generate additional traffic. The existing density would remain unchanged.
Staff finds that the proposed use meets the intent of the zoning district.
2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired;
Findings: The economic and noneconomic value of adjacent properties would not be
significantly impacted by the granting of this CUP. The surrounding properties consist of
a mix of commercial uses, each with abundant parking for their own use and would not be
significantly impacted by the proposed use.
Staff finds the proposed use aligns with the intended use of the public parking area and
would not significantly impair the economic and noneconomic value of adjoining
properties. The proposed utilization of sixteen (16) parking spaces leaves forty-seven (47)
spaces remaining for neighboring use.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject
property with the Mixed Use (MU) land use classification. The MU Land Use Classification
is defined in the Comprehensive Plan:
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.
The surrounding uses are primarily improved commercial in all directions, including retail,
dining, professional offices, the Kenai Visitors Center and American Legion Post 20. The
ability to share parking between neighboring properties is in harmony with the City’s
Comprehensive Plan, and the intent of the Mixed Use classification.
In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and
Implementation”, several goals and objectives are met from the proposed expansion.
Goal 1 – Quality of Life is to promote and encourage quality of life in Kenai.
Page 8
Resolution No. PZ2025-04
Page 3 of 4
Objective Q-4
Establish siting and design standards so that development is in harmony and scale with
surrounding uses.
Objective q-14
Continue to foster a compact, intensive mix of private and public uses in the downtown
core area.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Findings: City water and sewer run beneath most of Frontage Road, a City-maintained
road. The on-street parking spaces are existing and are maintained by the City. Staff finds
there are adequate public services and facilities to serve the proposed use.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Findings: The on-street parking spaces have been used by surrounding businesses for
over fifty (50) years. Staff finds the use of the on-street parking spaces would not adversely
impact the public safety, health or welfare.
6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission
to fulfill the above-mentioned conditions should be met by the applicant. These may
include, but are not limited to, measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the proposed
use.
Findings: No additional or specific conditions are deemed necessary to fulfill the above-
mentioned criteria.
In addition to the above criteria for a CUP, specific conditions are outlined in KMC Section
14.20.250(b)(6) Exception to this Section [off-street parking] -Public Parking Lots that must be
met prior to the issuance of a CUP use of a public parking lot.
Condition A: The public parking lot exists within reasonable distance of the use, or
plans for the public parking lot are sufficiently advanced to give reasonable assurance
that the lot will be in use within one (1) year of the time of issuance of the conditional
use permit.
Findings: At least 16 on-street parking spaces are within ±300 feet of the subject property.
Staff finds that is within reasonable distance of the use, and is consistent with the
corresponding Code Section, which states the use of public parking lots to meet the off-street
parking requirements should be within 300 feet of existing or planned public lots.
Condition B: The owner and/or occupant of the use in question shall sign a covenant
agreeing to join an assessment district to pay for the public parking lot.
Page 9
Resolution No. PZ2025-04
Page 4 of 4
Findings: Staff consulted with the City Attorney and this provision applies to the construction
of new public parking lots. Therefore, this provision is not applicable as the on-street parking
is existing.
Condition C: The public parking lot has or will have sufficient capacity to
accommodate the use in question plus other parking needs of existing and potential
uses within a reasonable distance of the lot. The Commission shall use the off-street
parking requirement as cited above to estimate the parking spaces needed within a
reasonable distance of the lot.
Findings: There are 63 on-street parking spaces along this section of Frontage Road, of
which 16 are being requested in this CUP. Staff finds that the remaining 47 on-street
parking spaces along Frontage Road can accommodate other parking needs of existing
and potential uses within a reasonable distance to the lot.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That the conditional use permit is granted to allow the use of on-street parking spaces
along Frontage Road to meet the minimum off-street parking requirements on a
property described as Lot 1, Block 4, Original Townsite of Kenai Rainbow Addition,
located at 502 Main Street in the Central Commercial (CC) Zoning District.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 12TH DAY OF FEBRUARY, 2025.
JOE HALSTEAD, CHAIRPERSON
ATTEST:
______________________________________
Meghan Thibodeau, Deputy City Clerk
Page 10
STAFF REPORT
PLANNING & ZONING DEPARTMENT
TO: Planning and Zoning Commission
FROM: Kevin Buettner, Planning Director
THROUGH: Brandon McElrea, Planning Technician
DATE: February 3, 2025
SUBJECT: Resolution No. PZ2025-04 – Conditional Use Permit – Allow the Use of On-
Street Parking Spaces to Meet Off-Street Parking Requirements
Request The applicant is requesting to use the on-street parking spaces along
Frontage Road to count towards the off-street parking
requirements.
Staff
Recommendation
Adopt Resolution No. PZ2025-04 approving a Conditional Use Permit
for the use of on-street parking spaces along Frontage Road to meet
the minimum off-street parking requirements for the Bow Bar.
Applicants: Kelsey Meyer and Jed Brown
Property Owners: D & E Investments, Inc.
Legal Description: Lot 1, Block 4, Original Townsite of Kenai Rainbow Addition Amended
Property Address: 502 Main Street
KPB Parcel No.: 04706442
Lot Size: Approximately 5,417 Square Feet
Zoning: Central Commercial (CC)
Current Use: Commercial – Bow Bar
Land Use Plan: Mixed Use
Page 11
Resolution No. PZ2025-04
Conditional Use Permit
On-Street Parking Page 2 of 5
SUMMARY
The applicants have requested a Conditional Use Permit (CUP) to authorize the use of on-street
parking spaces to meet the minimum off-street parking requirements. Due to the size of the
subject property and building placement, there is inadequate area to provide the minimum
required parking spaces. The applicant is interested in purchasing the subject property and
contacted the City inquiring about permitting requirements. In reviewing the parcel file staff found
that the subject parcel is unable to meet the minimum parking requirements of sixteen (16) parking
spaces. The building residing on the subject parcel is approximately 3,287 square feet and is
currently a drinking establishment (The Bow Bar). Pursuant to KMC 14.20.250(b)(8), drinking
establishments are required to provide one off-street parking space per two hundred (200) square
feet of gross floor area or one (1) per four (4) seats, whichever is greater. The applicant indicated
that there are 60 seats in the establishment, which would require fifteen (15) parking spaces,
therefore the gross floor area calculation of sixteen (16) parking spaces applies.
Pursuant to Kenai Municipal Code (KMC) 14.20.250(b)(6) Exception to this Section [off-street
parking] – Public Parking Lots, “…when a use is located within three hundred feet (300’) of an
existing or planned public lot, the off-street parking requirements of this chapter may be met if
under the procedures specified in this chapter, the Commission issues a conditional use permit…”
ANALYSIS
Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that
may be compatible with the designated principal uses in specific zoning districts provided certain
conditions are met. Prior to granting a conditional use permit, the Commission shall determine
that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits Review
Criteria are met.
Criteria 1: The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
Findings: The proposed use is consistent with the purpose of the Kenai Zoning Code,
specifically, KMC 14.20.250 Off-Street Parking and Loading Requirements. Under the
provision of KMC 14.20.250, it states certain conditions must be met in order to allow the
use of public parking lot to be counted towards the minimum off-street parking
requirement, which is analyzed in detailed under Criteria 6. The following table shows the
required parking for a drinking establishment.
INSTITUTIONS, PUBLIC
USES/COMMERCIAL
MINIMUM NUMBER OF PARKING
SPACES REQUIRED
Restaurants, cafés, delicatessen, eating and
drinking establishments, clubs, nightclubs and
lodges, etc.
One (1) per each two hundred (200) square
feet of gross floor area or one (1) per four (4)
seats, whichever is greater.
Page 12
Resolution No. PZ2025-04
Conditional Use Permit
On-Street Parking Page 3 of 5
The proposed use would not violate the character of the neighborhood as it has functioned
as a public parking area for over fifty (50) years. Furthermore, the proposed use is not
anticipated to generate additional traffic. The existing density would remain unchanged.
Staff finds that the proposed use meets the intent of the zoning district.
Criteria 2: The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired.
Findings: The economic and noneconomic value of adjacent properties would not be
significantly impacted by the granting of this CUP. The surrounding properties consist of
a mix of commercial uses, each with abundant parking for their own use and would not be
significantly impacted by the proposed use.
Staff finds the proposed use aligns with the intended use of the public parking area and
would not significantly impair the economic and noneconomic value of adjoining
properties. The proposed utilization of sixteen (16) parking spaces leaves forty-seven (47)
spaces remaining for neighboring use.
Criteria 3: The proposed use is in harmony with the Comprehensive Plan.
Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject
property with the Mixed Use classification. The MU Land Use Classification is defined in
the Comprehensive Plan:
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.
The surrounding uses are primarily improved commercial in all directions, including retail,
dining, professional offices, the Kenai Visitors Center and American Legion Post 20. The
ability to share parking between neighboring properties is in harmony with the City’s
Comprehensive Plan, and the intent of the Mixed Use classification.
RELEVENT GOALS
In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and
Implementation”, several goals and objectives are met from the proposed use.
Goal 1 – Quality of Life is to promote and encourage quality of life in Kenai.
Objective Q-4
Establish siting and design standards so that development is in harmony and scale
with surrounding uses.
Objective Q-14
Continue to foster a compact, intensive mix of private and public uses in the downtown
core area.
Page 13
Resolution No. PZ2025-04
Conditional Use Permit
On-Street Parking Page 4 of 5
Criteria 4: Public services and facilities are adequate to serve the proposed use.
Findings: City water and sewer run beneath most of Frontage Road, a City-maintained
road. The on-street parking spaces are existing and are maintained by the City. Staff finds
there are adequate public services and facilities to serve the proposed use.
Criteria 5: The proposed use will not be harmful to the public safety, health or welfare.
Findings: The on-street parking spaces have been used by surrounding businesses for
over fifty (50) years. Staff finds the use of the on-street parking spaces would not adversely
impact the public safety, health or welfare.
Criteria 6: Any and all specific conditions deemed necessary by the Commission to
fulfill the above-mentioned conditions. These may include, but are not limited to,
measures relative to access, screening, site development, building design, operation
of the use and other similar aspects related to the proposed use.
Findings: No additional or specific conditions are deemed necessary to fulfill the above-
mentioned criteria.
In addition to the above criteria for a CUP, specific conditions are outlined in KMC Section
14.20.250(b)(6) Exception to this Section [off-street parking] -Public Parking Lots that must be
met prior to the issuance of a CUP use of a public parking lot.
Condition A: The public parking lot exists within reasonable distance of the use, or
plans for the public parking lot are sufficiently advanced to give reasonable assurance
that the lot will be in use within one (1) year of the time of issuance of the conditional
use permit.
Findings: At least 16 on-street parking spaces are within ±300 feet of the subject property.
Staff finds that is within reasonable distance of the use, and is consistent with the
corresponding Code Section, which states the use of public parking lots to meet the off-
street parking requirements should be within 300 feet of existing or planned public lots.
Condition B: The owner and/or occupant of the use in question shall sign a covenant
agreeing to join an assessment district to pay for the public parking lot.
Findings: Staff consulted with the City Attorney and this provision applies to the
construction of new public parking lots. Therefore, this provision is not applicable as the
on-street parking is existing.
Condition C: The public parking lot has or will have sufficient capacity to
accommodate the use in question plus other parking needs of existing and potential
uses within a reasonable distance of the lot. The Commission shall use the off-street
parking requirement as cited above to estimate the parking spaces needed within a
reasonable distance of the lot.
Page 14
Resolution No. PZ2025-04
Conditional Use Permit
On-Street Parking Page 5 of 5
Findings: There are 63 on-street parking spaces along this section of Frontage Road, of
which 16 are being requested in this CUP. Staff finds that the remaining 47 on-street
parking spaces along Frontage Road can accommodate other parking needs of existing
and potential uses within a reasonable distance to the lot.
PUBLIC NOTICE
Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional
use were mailed to property owners within a three hundred-foot (300’) periphery of the subject
property. City staff published notice of the public hearing in the Peninsula Clarion. The applicant
submitted an Affidavit of Posting verifying signage was placed on the parcel with information on
the public hearing for the conditional use permit request.
As of the writing of this report, no public comments have been received.
STAFF RECOMMENDATION
Staff finds that the proposed Conditional Use Permit for on-street parking to meet off-street
parking requirements meets the criteria for issuance of a Conditional Use Permit as set forth in
subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150 and Subsection (b)(6) of
KMC 14.20.250, and hereby recommends that the Planning and Zoning Commission adopt
Resolution PZ2025-04 approving the Conditional Use Permit, subject to the following conditions:
ATTACHMENTS
Aerial Map
Application
Page 15
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Page 20
January 27, 2025 – 6:30 PM Action Agenda Betty J. Glick Assembly Chambers
George A. Navarre Kenai Peninsula Borough Administration Building and Through
Jeremy Brantley, Chair Sterling/Funny River Term Expires 2024
Pamela Gillham, Vice Chair
Kalifornsky / Kasilof District
Term Expires 2026
Virginia Morgan
Cooper Landing / Hope
Eastern Peninsula District
Term Expires 2025
Diane Fikes
City of Kenai
Term Expires 2025
Paul Whitney
City of Soldotna
Term Expires 2027
Franco Venuti
City of Homer
Term Expires 2025
Vacant
City of Seward
Term Expires 2026
Jeffrey Epperheimer
Nikiski District
Term Expires 2026
Dawson Slaughter
South Peninsula District
Term Expires 2025
Remote participation will be available through Zoom, or other audio or video means, wherever technically feasible. ZOOM MEETING DETAILS
Zoom Meeting Link: https://us06web.zoom.us/j/9077142200 Zoom Toll Free Phone Numbers: 888-788-0099 or 877-853-5247 Zoom Meeting ID: 907 714 2200
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA AND CONSENT AGENDA
(Action items listed with an asterisk (*) are considered to be routine and
non-controversial by the Planning Commission and will be approved by
one motion. There will be no separate discussion of these items unless a
Commissioner so requests, in which case the item will be removed from
the Consent Agenda and considered in its normal sequence on the
agenda.)
ACTION ITEMS CURRENTLY ON CONSENT AGENDA:
*1. Agenda
*2. Member Excused Absences - None
*3. Minutes
a. January 13, 2025 Plat Committee Meeting Minutes
*4. Grouped Plats E2. Sterling Meadows Subdivision Reutov Addition; KPB File 2024-143 E3. TJ Seggy’s Subdivision Frisk Addition; KPB File 2024-142
Motion to approve the consent and regular agenda passed by
unanimous vote (6-Yes)
D. UNFINISHED BUSINESS - None
Plat Committee
Page 21
E. NEW BUSINESS
Public Hearing: Quasi-Judicial Matters (Commission members may not receive or engage in ex-
parte contact with the applicant, other parties interested in the application, or members of the
public concerning the application or issues presented in the application)
1. St. Theresa Subdivision Merkes Addition; KPB File 2025-003
Johnson Surveying / Ande, LLC
Location: Steadman Street & Hall Road
Sterling Area
Motion to grant preliminary approval to St. Theresa Subdivision Merkes Addition, passed by
unanimous vote (6-Yes)
Motion to have the final plat come by for review by the plat committee passed by unanimous
vote (6-Yes)
Motion to grant the exception request to KPB 20.30.190 – Lot Dimensions, failed by unanimous
vote (6-No)
2. Sterling Meadows Subdivision Reutov Addition; KPB File 2024-143 Segesser Surveys / WTR Investments
Location: Whale of a Tail Avenue
Sterling Area
Motion to grant preliminary approval to Sterling Meadows Subdivision Reutov Addition, passed
by unanimous vote (6-Yes)
3. TJ Seggy’s Subdivision Frisk Addition; KPB File 2024-142
Segesser Surveys / Frisk
Location: Sterling Highway & Foolsgold Street
Kalifornsky Area
Motion to grant preliminary approval to TJ Seggy’s Subdivision Frist Addition, passed by
unanimous vote (6-Yes)
F. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 MINUTES
PER SPEAKER)
G. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING The next regularly scheduled Plat Committee meeting will be held Monday, February 10, 2025 in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m.
Page 22
CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 / Toll free within the Borough 1-800-478-4441, extension 2215 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.
Page 23
January 27, 2025 – 7:30 PM Action Agenda Betty J. Glick Assembly Chambers
George A. Navarre Kenai Peninsula
Borough Administration Building and Through
Jeremy Brantley, Chair Sterling/Funny River Term Expires 2024
Pamela Gillham, Vice Chair
Kalifornsky / Kasilof District
Term Expires 2026
Virginia Morgan
Cooper Landing / Hope
Eastern Peninsula District
Term Expires 2025
Diane Fikes
City of Kenai
Term Expires 2025
Paul Whitney
City of Soldotna
Term Expires 2027
Franco Venuti
City of Homer
Term Expires 2025
Vacant
City of Seward
Term Expires 2026
Jeffrey Epperheimer
Nikiski District
Term Expires 2026
Dawson Slaughter
South Peninsula District
Term Expires 2025
Remote participation will be available through Zoom, or other audio or video means, wherever technically feasible
ZOOM MEETING DETAILS
Zoom Meeting Link: https://us06web.zoom.us/j/9077142200
Zoom Toll Free Phone Numbers: 888-788-0099 or 877-853-5247 Zoom Meeting ID: 907 714 2200
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA AND CONSENT AGENDA
(Action items listed with an asterisk (*) are considered to be routine and non-controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commissioner so
requests, in which case the item will be removed from the Consent Agenda and
considered in its normal sequence on the agenda.)
ACTION ITEMS CURRENTLY ON CONSENT AGENDA:
*1. Time Extension Request - None
*2. Planning Commission Resolutions – None
*3. Plats Granted Administrative Approval - None
*4. Plats Granted Final Approval - None
*5. Plat Amendment Request – None
*6. Commissioner Excused Absences a. Jeffrey Epperheimer, Nikiski District
*7. Minutes a. January 13, 2025 Planning Commission Meeting Minutes
Motion to pass the consent and regular agendas pass by unanimous vote (7-
Yes, 1-Absent)
D. UNFINISHED BUSINESS - None
Planning Commission
Page 24
E. NEW BUSINESS
Public Hearing: Legislative Matters
1. Ordinance 2024-19-24: Authorizing the acquisition of 80 acres of real property located in Seward,
appropriating $1,200,000.00 from the Land Trust Investment Fund and $50,000.00 from the Land
Trust Fund for the purchase, and authorizing the mayor to enter into a memorandum of
agreement with the State of Alaska Mental Health Trust Authority for the completion of a road
access feasibility study.
Motion to forward to the Assembly a recommendation to adopt Ordinance 2024-19-24, passed
by unanimous vote (7-Yes, 1-Absent)
2. Ordinance 2025-02: Authorizing the disposal of real property located in Kenai necessary to
resolve title matters related to the erroneous recording of a 1977 tax foreclosure deed.
Motion to forward to the Assembly a recommendation to adopt Ordinance 2025-02, passed by
unanimous vote (7-Yes, 1-Absent)
3. Ordinance 2025-03: Amending KPB Chapter 21.20 relating to hearing and appeals to a hearing officer.
MOTION: Move to forward to the Assembly a recommendation to adopt Ordinance 2025-03,
passed by unanimous vote (7-Yes, 1-Absent)
Public Hearing: Quasi-Judicial Matters - None (Commission members may not receive or engage in ex-parte
contact with the applicant, other parties interested in the application, or members of the public concerning the application or issues presented in the application)
F. PLAT COMMITTEE REPORT – The plat committee will review 3 plats
G. OTHER
H. PRESENTATIONS/PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE
AGENDA (3 MINUTES PER SPEAKER)
I. DIRECTOR’S COMMENTS
J. COMMISSIONER COMMENTS
K. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, February 10, 2025 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.
Page 25
CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 / Toll free within the Borough 1-800-478-4441, extension 2215 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 rights-of-way, 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 26
Kenai City Council - Regular Meeting Page 1 of 3
February 05, 2025
Kenai City Council - Regular Meeting
February 05, 2025 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. 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
1. Annual Review of City of Kenai Permanent Funds, 2024 Financial Performance, Financial
Projections and Recommended 2025 Asset Allocations for the City’s Permanent Funds, Brandy
Niclai and Bill Lierman, from Alaska Permanent Capital Management.
C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker)
1. Kenai Chamber of Commerce and Visitor Center Annual Report, Samantha Springer,
Executive Director.
D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
E. PUBLIC HEARINGS
1. ENACTED WITHOUT OBJECTION. Ordinance No. 3448-2025 - 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. (Administration)
2. ADOPTED WITHOUT OBJECTION. Resolution No. 2025-08 - Designating the Investment
and Allocation Plan for the City’s Permanent Funds and Establishing Appropriate Benchmarks
to Measure Performance for Calendar Year 2025. (Administration)
3. ADOPTED WITHOUT OBJECTION. Resolution No. 2025-09 - Authorizing a Contract Award
for the 2025 Parks and Recreation Master Plan. (Administration)
4. ADOPTED WITHOUT OBJECTION. Resolution No. 2025-10 - Authorizing the Use of the Fleet
Replacement Fund for the Purchase of One Ford F-150 Responder Vehicle Utilizing the State
of Alaska Equipment Fleet Contract and Municipality of Anchorage Contract. (Administration)
Page 27
Kenai City Council - Regular Meeting Page 2 of 3
February 05, 2025
5. ADOPTED WITHOUT OBJECTION. Resolution No. 2025-11 - Authorizing the Use of the
Water and Sewer Fund for the Purchase of Two Ford Trucks Utilizing the State of Alaska
Equipment Fleet Contract. (Administration)
6. ADOPTED WITHOUT OBJECTION. Resolution No. 2025-12 - Authorizing the Use of the Fleet
Replacement Fund for the Purchase of Two Ford Transit Vans Utilizing the State of Alaska
Equipment Fleet Contract. (Administration)
7. ADOPTED WITHOUT OBJECTION. Resolution No. 2025-13 - Redirecting Public Safety
Capital Project Funds to Complete the Emergency Services Facility Assessment.
(Administration)
8. ADOPTED WITHOUT OBJECTION. Resolution No. 2025-14 - Authorizing a Contract for the
2025 Emergency Services Facility Programming and Assessment. (Administration)
F. MINUTES
1. *Regular Meeting of January 15, 2025. (City Clerk)
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Non-Objection to Renewal of a Package Store Liquor License for Carr-
Gottstein Foods Co. DBA Oaken Keg #1808 - License No. 3218. (City Clerk)
3. *Action/Approval - Non-Objection to Renewal of a Package Store Liquor License for Three
Bears Alaska, Inc. DBA Three Bears - License No. 4118. (City Clerk)
4. *Ordinance No. 3449-2025 - Increasing Estimated Revenues and Appropriations in the
General Fund – Police Department and Accepting Grants from the United States Department
of Justice and Alaska Municipal League Joint Insurance Association for the Purchase of Ballistic
Vests. (Administration)
5. *Ordinance No. 3450-2025 - Amending Sections of Kenai Municipal Code Title 23 - Personnel
Regulations, Sections 23.05.070 - Definitions, 23.25.080 - Promotion, 23.30.030 - Probationary
Period for Employees in the Classified Service, and 23.55.020 - Compensation Structure by
Grade for Employees in the Classified Service, to Ensure a Consistent Approach to Pay
Adjustments for City Employees. (Administration)
6. APPROVED WITHOUT OBJECTION. Action/Approval - Airport Commission 2025 Work Plan.
(City Clerk)
7. SCHEDULED FOR 4/16/2025 AT 5:00 P.M. Discussion - Scheduling a Joint Work Session
with the Planning & Zoning Commission for the Presentation of the Draft SS4A Comprehensive
Safety Action Plan. (Administration)
8. Discussion - City of Kenai Arbitration Panel - Membership Terms. (City Clerk)
I. COMMISSION REPORTS
1. Council on Aging Commission
2. Airport Commission
• Airport Commission 2024 Annual Report
Page 28
Kenai City Council - Regular Meeting Page 3 of 3
February 05, 2025
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Commission
J. REPORT OF THE MAYOR
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.
Registration is required to join the meeting remotely through Zoom. Please use the following link to
register:
https://us02web.zoom.us/meeting/register/Chz3Iw5ATqSCnihFBt0XAg
Page 29
CERTIFICATE OF PUBLICATION & POSTING
I, Beth McDonald, Planning Administrative Assistant of
the City of Kenai, do hereby certify that on the 13th day of
January, 2025, 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 17, 2025 edition of their
newspaper. On the 17th 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