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HomeMy WebLinkAbout2025-02-26 Planning & Zoning PacketPlanning & Zoning Commission - Regular Meeting Page 1 of 2 February 26, 2025 Kenai Planning & Zoning Commission – Regular Meeting February 26, 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 February 12, 2025 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 PZ2025-09 – Recommending Approval of Preliminary Plat – Valhalla Heights Subdivision Conan Replat of Lot 9 and Lot 10, Block 5A, Valhalla Heights Subdivision Part 5 in the Rural Residential (RR) Zoning District. 2. Resolution PZ2025-11 – Recommending Approval of Preliminary Plat - Inlet Woods Subdivision 2025 Replat of Inlet Woods Subdivision, Part One, Lots 1 & 2, Block 10 in the Suburban Residential (RS) Zoning District. 3. Resolution PZ2025-12 – Recommending Approval of Preliminary Plat – Holland Spur Highway Subdivision Addition No. 1 Replat of Holland Spur Highway Subdivision, Tract 1 in the General Commercial (CG) Zoning District. F. PUBLIC HEARINGS 1. Resolution PZ2025-08 – Recommending Approval to Rezone the Properties Located at 202 N. Forest Drive and 1408 Second Avenue from Suburban Residential (RS) to General Commercial (CG) Zoning District. Page 1 Planning & Zoning Commission - Regular Meeting Page 2 of 2 February 26, 2025 2. Resolution PZ2025-10 – Granting a Conditional Use Permit to Operate a Retail Businesses (Greenhouse, Café/Retail, Law Office) of the Existing Structures on the Property Described as Lot 1, Fresh Start Subdivision, Located at 202 N. Forest Drive within the Suburban Residential (RS) Zoning District. 3. Resolution PZ2025-06 – Granting a Conditional Use Permit for a Cabin Rental (I.E Short-term Rental) and Boarding House in a Single-Family Dwelling on the Property Described as Lot 16, Block 1, Anglers Acres Sub, Part 2, Located at 1305 Angler Drive, Within the Rural Residential (RR) Zoning District. 4. Resolution PZ2025-07 – Granting a Conditional Use Permit for a Lodge and Guide Service in a Single-Family Dwelling on the Property Described as Lot 14-A, Block 1, Anglers Acres Sub, Beaver Creek Replat, Located at 1235 Angler Drive, Within the Rural Residential (RR) Zoning District. G. UNFINISHED BUSINESS 1. Discussion – Aspen Creek, 701 N. Forest Drive Conditional Use Permit H. NEW BUSINESS 1. Discussion/Action – Schedule a work session to examine the current Conditional Use Permits in terms of Potential Rezoning. 2. *Action/Approval – Requesting Excused Absences for the February 12, 2025 Regular Meeting – Twait, Krause 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: March 12, 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. Registration is required to join the meeting remotely through Zoom. Please use the link below to register: https://us02web.zoom.us/meeting/register/SVmhw133R6K8_9GIc19EtA **COMMISSIONERS, PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING** Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 12, 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 February 12, 2025 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on February 12, 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 Sonja Earsley Glenese Pettey Diane Fikes Gwen Woodard A quorum was present. Absent: Jeff Twait, Vice Chair Stacie Krause Also in attendance were: Kevin Buettner, Planning Director Victoria Askin, 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 January 22, 2025 Page 3 Planning & Zoning Commission Meeting Page 2 of 4 February 12, 2025 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS 1. Aspen Creek Construction – Doug Clegg, Owner Doug Clegg, owner of Aspen Creek Senior Living Facility, located at 701 N. Forest Drive, explained that he was there at Planning Director Buettner’s request after learning about neighborhood complaints about traffic from the City Attorney; he noted that no neighbors had contacted him directly. He clarified that Aspen Creek’s Conditional Use Permits (CUP) restricts access via Ponderosa to emergency vehicles, deliveries, and trash removal; ongoing construction has caused increased traffic, and the neighbor’s concerns may be resolved when construction is completed; his main priority is resident safety; he will encourage Forest Drive access but cannot police Ponderosa; and he is willing to work with the City for solutions. D. UNSCHEDULED PUBLIC COMMENTS Residents of the neighborhood near the Aspen Creek Senior Living Facility addressed the Commission with concerns related Aspen Creek’s expansion. Concerns were expressed regarding Aspen Creek not adhering to the conditions set in their CUPs; the significant increase in traffic on the residential streets of Ponderosa and Pine; large delivery trucks and semis on the residential street; traffic noise; speeding; dangerous conditions for children and pedestrians; insufficient noticing to the public; violation of the residential character of the neighborhood; new challenges for snow removal; and potential for decreased property values. Suggested solutions provided during testimony included purchasing the vacant land to north of Aspen Creek for dedicated access, and a locked gate at back entrance for authorized vehicles only; it was requested that the Commission to take action on this issue. The following individuals provided testimony: • Ken Peterson • M. Scott Moon • Kit Hill • Arlys Miskinis • Howard Hill • Shelly Peterson • Merri Duby Doug Clegg addressed concerns raised during the previous public testimony and responded to questions from the Commission. The Commission requested that an action item be added to a future agenda to address this issue, and for a report of activities to be provided at the Commission’s next meeting. E. CONSIDERATION OF PLATS – None. F. PUBLIC HEARINGS 1. Resolution No. 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. MOTION: Commissioner Woodard MOVED to approve Resolution PZ2025-04. Commissioner Pettey SECONDED the motion. Page 4 Planning & Zoning Commission Meeting Page 3 of 4 February 12, 2025 Planning Director Buettner provided an overview of the staff report as included in the packet and attached to Resolution No. PZ2025-04; he noted that the application was for a CUP to authorize the use of on- street parking spaces to meet the minimum off-street parking requirements. The current use of the property is a drinking establishment (The Bow Bar), and the applicant is a prospective buyer. It was noted that staff’s recommendation is approval. Applicant Kelsey Meyer noted that she was the prospective new owner of The Bow Bar; the business had been previously functioning with no parking, which was an issue she would like to resolve prior to acquisition. Chair Halstead opened the floor for public hearing; there being no one wishing to be heard, the public hearing period was closed. Clarification was provided that the spaces are under 300 feet from the edge of the property, and the parking spaces are public and are not designated only for The Bow Bar’s use. VOTE: YEA: Fikes, Woodard, Earsley, Pettey, Halstead NAY: None ABSENT: Twait, Krause MOTION PASSED WITHOUT OBJECTION. Chair Halstead noted the 15-day appeal period. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. *Action/Approval – Requesting Excused Absences for the January 22, 2025 Regular Meeting – Woodard Approved by the consent agenda. I. REPORTS 1. Planning Director – Planning Director Buettner reported on the following: • Received a petition signed by neighbors of Aspen Creek, which will be presented as part of a future public hearing. • A Joint Work Session with the City Council has been scheduled for April 16, 2025 for a presentation of the draft SS4A Comprehensive Safety Action Plan. 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 Askin reported on recent actions of the City Council. J. ADDITIONAL PUBLIC COMMENT – None. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: February 26, 2025 Commissioner Earsley noted she will be absent. L. COMMISSION COMMENTS AND QUESTIONS Page 5 Planning & Zoning Commission Meeting Page 4 of 4 February 12, 2025 Commissioner Pettey expressed appreciation for the robust conversation, and noted that she looks forward to working towards a solution and the completion of construction at Aspen Creek. Chair Halstead noted he is looking forward to settling the issue with Aspen Creek and its neighbors. M. PENDING ITEMS – None. 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 There being no further business before the Planning & Zoning Commission, the meeting was adjourned at 8:17 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of February 12, 2025. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 6 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-09 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT VALHALLA HEIGHTS SUBDIVISION CONAN REPLAT ATTACHED HERETO BE APPROVED. PROPERTY ADDRESSES: 4311 North Lupine Drive 4315 North Lupine Drive LEGAL DESCRIPTIONS: Lot 9 and Lot 10, Block 5A, Valhalla Heights Subdivision Part 5 KPB PARCEL NUMBERS: 0933010 and 04933009 WHEREAS, the City of Kenai received a preliminary plat from Edge Survey and Design, on behalf of the property owner, Conan Egan for a replat of Lot 9 and Lot 10, Block 5A, Valhalla Heights Subdivision Part 5; 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 will have access from North Lupine Drive (a City-maintained gravel road); and, WHEREAS, City water and sewer lines are not available to the lots; and, WHEREAS, a 10-foot easement for utilities is located along all boundaries of the proposed 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 as denoted in plat notes 2 and 3, provides a satisfactory and desirable building site, and the on-site water and wastewater systems are subject to the regulatory requirements of the City of Kenai Public Works Department. 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 Page 7 Resolution No. PZ2025-09 Page 2 of 2 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 30,840 square feet. 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 Valhalla Heights Subdivision Conan Replat for a replat of Lot 9 and Lot 10, Block 5A, Valhalla Heights Subdivision Part 5 be approved. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 26TH DAY OF FEBRUARY, 2025. JOE HALSTEAD, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 8 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Brandon McElrea, Planning Technician DATE: February 18, 2025 SUBJECT: Resolution No. PZ2025-09 – Preliminary Plat – Valhalla Heights Subdivision Conan Replat Request The applicant is proposing a preliminary plat to replat Lots 9 & 10, Block 5A, Valhalla Heights Subdivision Part 5. Staff Recommendation Adopt Resolution No. PZ2025-09 recommending approval of Preliminary Plat – Valhalla Heights Subdivision Conan Replat for the parcel merger of Lots 9 and 10, Block 5A, Valhalla Heights Subdivision Part 5. Applicant: Edge Survey and Design Attn: Jason Young P.O. Box 208 Kasilof, AK 99610 Property Owner: Conan Egan Legal Descriptions: Lot 9 and Lot 10, Block 5A, Valhalla Heights Subdivision Part 5. Property Addresses: 4311 North Lupine Drive 4315 North Lupine Drive KPB Parcel Nos.: 04933010 and 04933009 Zoning District: Rural Residential (RR) Land Use Plan: Suburban Residential (SR) Surrounding Uses: Vacant and Improved Residential Page 9 Resolution No. PZ2025-09 Preliminary Plat Valhalla Heights Subdivision Conan Replat Page 2 of 3 SUMMARY The City received a preliminary plat from Edge Survey and Design, Inc. on behalf of the property owner for a replat of Lots 9 and 10, Block 5A, Valhalla Heights Subdivision Part 5, to merge lots 9 and 10 into one (1) lot of approximately 30,840 square feet (0.708 acre). Currently, a single- family dwelling is situated on the lot line between lots 9 and 10, with private water well and private septic residing on lots 10 and 9, respectively. 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. Access to the subject lots is via North Lupine Drive, which is a City maintained gravel road. At 30,840 square feet, the proposed merged parcel exceeds the RR minimum lot size of 20,000 square feet. City water and wastewater are not available in this area, however onsite water on lot 10, and wastewater on lot 9, are installed and 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 plat and have no comments. Staff finds that the preliminary plat 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 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 the 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 30,840 square feet. 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 Valhalla Heights Subdivision Conan Replat to replat Lots 9 and 10, Block 5A, Valhalla Heights Subdivision Part 5 meets the general standards for Kenai Municipal Code (KMC) Chapter 14.10 Subdivision Regulations and Chapter 14.24 Development Requirements Table and hereby recommends that the Planning and Zoning Page 10 Resolution No. PZ2025-09 Preliminary Plat Valhalla Heights Subdivision Conan Replat Page 3 of 3 Commission recommends approval of Resolution No. PZ2025-09 to the Kenai Peninsula Borough, subject to the following condition: 1. Further development of the property will conform to all Federal, State of Alaska, and local regulations. ATTACHMENTS Aerial Map Application Preliminary Plat, Valhalla Heights Subdivision Conan Replat Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-11 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT FOR THE INLET WOODS SUBDIVISION 2025 REPLAT ATTACHED HERETO BE APPROVED. PROPERTY ADDRESSES: 1406 & 1408 Hedley Dr., Kenai, AK 99611 LEGAL DESCRIPTIONS: Inlet Woods Subdivision, Part One, Lots 1 & 2, Block 10 KPB PARCEL NUMBERS: 04101139 & 04101140 WHEREAS, the City of Kenai received a preliminary plat from McLane Consulting, on behalf of the property owner, Margaret Winston for a replat of Lots 1 & 2, Block 10, Inlet Woods Subdivision, Part One; 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 lots have access from Hedley Drive; and, WHEREAS, City water and sewer lines are 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 satisfactory and desirable building sites, and the on-site water and sewer systems will be subject to the regulatory requirements of the Public Works Department; and, 2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the RS zoning district of 7,200 square feet, the proposed lot is approximately 16,800 square feet (0.386 acre). 3. 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. Page 17 Resolution No. PZ2025-11 Page 2 of 2 NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That preliminary plat Inlet Woods Subdivision 2025 Replat be approved subject to the following conditions, 1. Further development of the property will conform to all federal, State of Alaska, and local regulations. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 26th DAY OF FEBRUARY, 2025. JOE HALSTEAD, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 18 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director DATE: February 19, 2025 SUBJECT: Resolution No. PZ2025-11 – Preliminary Plat – Inlet Woods Subdivision 2025 Replat Request The applicant is proposing a preliminary plat to merge Lots 1 & 2, Block 10, Inlet Woods Subdivision, Part One Staff Recommendation Adopt Resolution No. PZ2025-11 recommending approval of Preliminary Plat – Inlet Woods Subdivision 2025 Replat, creating 1 parcel of 0.386 acres. Applicant: McLane Consulting Attn: Andrew Hamilton P.O. Box 468 Soldotna, AK 99669 Property Owner: Margaret Winston Legal Description: Inlet Woods Subdivision, Part One, Lots 1 & 2, Block 10 Property Address: 1406 & 1408 Hedley Dr., Kenai, AK 99611 KPB Parcel No.: 04101139 & 04101140 Zoning District: Suburban Residential (RS) Land Use Plan: Suburban Residential (SR) Surrounding Uses: Suburban Residential SUMMARY A preliminary plat has been submitted from McLane Consulting on behalf of Margaret Winston to merge Lots 1 & 2, Block 10, Inlet Woods Subdivision, Part One, to create one lot. The subject lots are located at the northwest corner of the intersection of Hedley Drive and Backwood Avenue in the Inlet Woods subdivision. Page 19 Resolution No. PZ2025-11 Preliminary Plat Inlet Woods Subdivision 2025 Replat Page 2 of 3 There is a single-family dwelling on Lot 2 (1406 Hedley Drive) and no improvements to Lot 1 (1408 Hedley Drive). If approved, the merging of the two (2) subject lots will result in a 0.3863- acre lot. 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 replat meets the minimum lot size requirement of 7,200 square feet (0.165 acre) for the Suburban Residential (RS) zoning district. The size of Lots One (1) and Two (2) are 0.22 acres each and the merged lot will total 0.386 acres when allowing for the public right of way on the northeast corner of the lot. City water and wastewater are available in this area. Property owner(s) currently have water and wastewater services provided by the City of Kenai. Access to the proposed Lots is provided via Hedley Drive, which is connected to Redoubt Avenue through a series of other local roads within the Inlet Wood Subdivision. All rights-of-way within the proposed preliminary plat are currently existing. The Public Works Director has reviewed the preliminary plat and had no comments. Therefore, staff finds that an installation agreement is not required for the preliminary plat. A 10-foot easement for utilities is located along the north and east boundaries of the lots adjacent to existing right-of-way. This is denoted in plat note two (2), which states the front 10-feet adjacent to right-of-way is a utility easement. Staff finds that the preliminary plat to merge Lots 1 & 2, Block 10, Inlet Woods Subdivision, Part One 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 utilities/access easements, provides a satisfactory and desirable building site, and the accessible water and wastewater systems are subject to the regulatory requirements of the City of Kenai Public Works Department. 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 RS zoning district of 7,200 square feet (0.165 acre), the resulting lot sizes of this subdivision will be approximately 0.386-acre. 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. Page 20 Resolution No. PZ2025-11 Preliminary Plat Inlet Woods Subdivision 2025 Replat Page 3 of 3 STAFF RECOMMENDATION Staff finds that the preliminary plat to merge Lots 1 & 2, Block 10, Inlet Woods Subdivision, Part One, 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 the Planning and Zoning Commission recommend approval of Resolution No. PZ2025-11 for a merger of Lots 1 & 2, Block 10, Inlet Woods Subdivision, Part One, subject to the following conditions. 1. Further development of the property will conform to all federal, State of Alaska, and local regulations. ATTACHMENTS Aerial Map Application Preliminary Plat, Inlet Woods Subdivision 2025 Replat Page 21 In l e t W o o d s S u b 2 0 2 5 R e p l a t Le g e n d Ph y s i c a l A d d r e s s e s Tr a n s p o r t a t i o n Mi l e p o s t s Ro a d s Me d i u m C o l l e c t o r Me d i u m V o l u m e - Un m a i n t a i n e d Me d i u m V o l u m e - Ma i n t a i n e d Lo w / S e a s o n a l Le g a l T r a i l Pr i v a t e St a t e H w y Pl a t t e d / P r o p o s e d Pa r c e l s a n d P L S S Pa r c e l s 9" I m a g e r y Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e 0 10 0 20 0 ft NO T E : E v e r y r e a s o n a b l e e f f o r t h a s b e e n m a d e t o e n s u r e t h e a c c u r a c y o f t h e s e d a t a . H o w e v e r , b y a c c e p t i n g t h i s m a t e r i a l , y o u a g r e e t h a t t h e K e n a i P e n i n s u l a B o r o u g h a s s u m e s n o l i a b i l i t y o f a n y k i n d a r i s i n g f r o m t h e u s e o f t h i s d a t a . T h e da t a a r e p r o v i d e d w i t h o u t w a r r a n t y o f a n y k i n d , e i t h e r e x p r e s s e d o r i m p l i e d , i n c l u d i n g b u t n o t l i m i t e d t o t i m e , m o n e y o r g o o d w i l l a r i s i n g f r o m t h e u s e , o p e r a t i o n o r m o d i f i c a t i o n o f t h e d a t a . I n u s i n g t h e s e d a t a , y o u f u r t h e r a g r e e t o in d e m n i f y , d e f e n d , a n d h o l d h a r m l e s s K e n a i P e n i n s u l a B o r o u g h f o r a n y a n d a l l l i a b i l i t y o f a n y n a t u r e a r i s i n g f r o m t h e l a c k o f a c c u r a c y o r c o r r e c t n e s s o f t h e d a t a , o r u s e o f t h e d a t a . 2/ 2 0 / 2 0 2 5 9 : 3 5 : 1 8 A M Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-12 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT FOR THE HOLLAND SPUR HIGHWAY SUBDIVISION ADDITION NO.1 ATTACHED HERETO BE APPROVED. PROPERTY ADDRESSES: 7450 Kenai Spur Highway, Kenai, AK 99611 LEGAL DESCRIPTIONS: Holland Spur Highway Subdivision, Tract 1 KPB PARCEL NUMBERS: 04103055 WHEREAS, the City of Kenai received a preliminary plat from Peninsula Surveying, LLC, on behalf of the property owner, Glen F. Martin, for a subdivision of Holland Spur Highway Subdivision, Tract 1; 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 lots have access from the Kenai Spur Highway; 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 subdivision, subject to the listed conditions, provides utility/access easements, provides satisfactory and desirable building sites, and the on-site water and wastewater systems are subject to the regulatory requirements of ADEC. 2. Pursuant to KMC 14.24.010 Minimum lot area requirements, there are no minimum lot sizes for General Commercial (CG) zones. If approved, this subdivision will create Tract 1A and Tract 1B, with areas of 2.548 and 2.734 acres respectively. 3. Pursuant to KMC 14.10.120 Division of a Commercial Tract, the owner of a commercial tract located in a commercial zone may divide the tract into fragment lots provided that such a division is not inconsistent with the approved commercial site plan and recorded declarations, covenants and restrictions applicable to the commercial tract. The subdivision of this tract, if approved, will be consistent with the proposed land use in this area. Page 29 Resolution No. PZ2025-12 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 Holland Spur Highway Subdivision Addition No. 1 be approved subject to the following conditions, 1. Further development of the property will conform to all federal, State of Alaska, and local regulations. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 26th DAY OF FEBRUARY, 2025. JOE HALSTEAD, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 30 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director DATE: February 19, 2025 SUBJECT: Resolution No. PZ2025-12 – Preliminary Plat – Holland Spur Highway Subdivision Addition No. 1 Request The applicant is proposing a preliminary plat to subdivide Holland Spur Highway Subdivision, Tract 1. Staff Recommendation Adopt Resolution No. PZ2025-12 recommending approval of Preliminary Plat – Holland Spur Highway Subdivision Addition No. 1, creating 2 parcels of 2.548 and 2.734 acres, respectively. Applicant: Peninsula Surveying, LLC. Attn: Jason Schollenberg 10535 Katrina Blvd Ninilchik, AK 99639 Property Owner: Glen F. Martin Legal Description: Holland Spur Highway Subdivision, Tract 1 Property Address: 7450 Kenai Spur Highway, Kenai, AK 99611 KPB Parcel No.: 04103055 Zoning District: General Commercial (CG) Land Use Plan: Mixed Use Surrounding Uses: Mixed Use and Rural Residential SUMMARY A preliminary plat has been submitted from Peninsula Surveying, LLC on behalf of Glen F. Martin for a subdivision of Holland Spur Highway Subdivision, Tract 1, to create 2 parcels. The two parcels, if approved would total 2.548 and 2.734 acres respectively, which will allow varied commercial uses to be developed while maintaining necessary parking requirements, access management for safe access to the Kenai Spur Highway, and building setbacks. Page 31 Resolution No. PZ2025-12 Preliminary Plat Holland Spur Highway Subdivision Addition No. 1 Page 2 of 3 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 replat meets intent of the General Commercial (CG) zoning district. There are no minimum lot sizes within the General Commercial zoning district, but the proposed lot sizes will allow for a variety of potential commercial uses to be developed on each parcel. The area is immediately adjacent to the Kenai Spur Highway and commercial uses are preferred due to the increased road noise. Commercial developments can help shield future residential development through proper vegetative screening, and the increased distance form the highway. City water and wastewater are not available in this area. Property owner(s) will need to install private wells and septic systems. The septic systems must meet the regulatory requirements of the State of Alaska, Department of Environmental Conservation (ADEC). Access to the proposed Lots is provided via the Kenai Spur Highway. All rights-of-way within the proposed preliminary plat are existing. The Public Works Director has reviewed the preliminary plat and had no comments. Therefore, staff finds that an installation agreement is not required for the preliminary plat. A 15-foot easement for utilities is located along the south boundary of the lots adjacent to existing rights-of-way. This is denoted in plat note three (3), which states the front 15-feet adjacent to rights-of-way is a utility easement. Staff finds that the preliminary plat for a subdivision of Holland Spur Highway Subdivision, Tract 1 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 subdivision, subject to the listed conditions, provides utility/access easements, provides satisfactory and desirable building sites, and the on-site water and wastewater systems are subject to the regulatory requirements of ADEC. 2. Pursuant to KMC 14.24.010 Minimum lot area requirements, there are no minimum lot sizes within the General Commercial zoning district, but the proposed lot sizes will allow for a variety of potential commercial uses to be developed on each parcel. 3. 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 Holland Spur Highway Subdivision Addition No. 1, 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 the Planning and Zoning Commission recommend approval of Resolution No. PZ2025-12 for a Page 32 Resolution No. PZ2025-12 Preliminary Plat Holland Spur Highway Subdivision Addition No. 1 Page 3 of 3 subdivision of Holland Spur Highway Subdivision, Tract 1 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. ATTACHMENTS Aerial Map Application Preliminary Plat, Beaver Loop Acres No. 3 Page 33 Ho l l a n d S p u r H i g h w a y S u b A d d n N o . 1 Le g e n d Ph y s i c a l A d d r e s s e s Tr a n s p o r t a t i o n Mi l e p o s t s Ro a d s Me d i u m C o l l e c t o r Me d i u m V o l u m e - Un m a i n t a i n e d Me d i u m V o l u m e - Ma i n t a i n e d Lo w / S e a s o n a l Le g a l T r a i l Pr i v a t e St a t e H w y Pl a t t e d / P r o p o s e d Pa r c e l s a n d P L S S Pa r c e l s 9" I m a g e r y Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e 0 50 0 10 0 0 ft NO T E : E v e r y r e a s o n a b l e e f f o r t h a s b e e n m a d e t o e n s u r e t h e a c c u r a c y o f t h e s e d a t a . H o w e v e r , b y a c c e p t i n g t h i s m a t e r i a l , y o u a g r e e t h a t t h e K e n a i P e n i n s u l a B o r o u g h a s s u m e s n o l i a b i l i t y o f a n y k i n d a r i s i n g f r o m t h e u s e o f t h i s d a t a . T h e da t a a r e p r o v i d e d w i t h o u t w a r r a n t y o f a n y k i n d , e i t h e r e x p r e s s e d o r i m p l i e d , i n c l u d i n g b u t n o t l i m i t e d t o t i m e , m o n e y o r g o o d w i l l a r i s i n g f r o m t h e u s e , o p e r a t i o n o r m o d i f i c a t i o n o f t h e d a t a . I n u s i n g t h e s e d a t a , y o u f u r t h e r a g r e e t o in d e m n i f y , d e f e n d , a n d h o l d h a r m l e s s K e n a i P e n i n s u l a B o r o u g h f o r a n y a n d a l l l i a b i l i t y o f a n y n a t u r e a r i s i n g f r o m t h e l a c k o f a c c u r a c y o r c o r r e c t n e s s o f t h e d a t a , o r u s e o f t h e d a t a . 2/ 2 0 / 2 0 2 5 9 : 4 4 : 3 4 A M Page 34 Page 35 Page 36 Page 37 Page 38 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ2025-08 A RESOLUTION RECOMMENDING THE KENAI CITY COUNCIL APPROVE THE REZONE FROM SUBURBAN RESIDENTIAL (RS) TO GENERAL COMMERCIAL (CG) ZONING DISTRICT FOR THE FOLLOWING PROPERTIES AND AS DEPICTED ON THE ATTACHED BOUNDARY MAP. Parcel No. 04312013 Address Lot Size Legal Description 202 N. Forest Drive 0.64-acre Lot 1, Fresh Start Subdivision 04312014 1408 Second Avenue 0.83-acre Lot 2, Fresh Start Subdivision 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, 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, Suburban Residential (RS) is intended to provide for medium density residential development. The existing RS zone is not the preferred land use for this area as there are existing commercial/institutional uses to the south and west of the proposed rezone area and the subject properties are located within 600 feet of the Kenai Spur Highway. 2. The rezone to General Commercial (CG) zone would increase the adjacent CG zoning district, which it is anticipated that it would be developed in conjunction with the surrounding commercial and institutional uses along the Kenai Spur Highway and South Forest Drive. Page 39 Resolution No. PZ2025-08 Page 2 of 2 Therefore, minimizing potential impacts of commercial development on existing residential uses. 3. North Forest Drive has a Functional Classification as a Major Collector, as designated by the Alaska Department of Transportation, which infers a higher annual average daily traffic volume than surrounding neighborhood streets and therefore less desirable for residential uses due to vehicle noise. 4. The existing land use classification states that the area is to be Suburban Residential. Due to North Forest Drive being a Major Collector route, there is reason to anticipate that this area will become low-impact commercial uses, as traffic volume is higher along N. Forest Drive and the associated road noise make residential uses less desirable. In the current RS zone, several commercial uses are permitted subject to a Conditional Use Permit (see attached Land Use Table). The proposed rezone to CG zone would be consistent as a natural extension of the Mixed-Use land use classification that is immediately south of the subject properties as identified in the Comprehensive Plan and reduce the administrative burden on business owners and city staff. 5. The proposed rezone to CG would align with the current low to medium density commercial/institutional character of the neighborhood. 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 202 N. Forest Drive and 1408 Second Avenue from Suburban Residential (RS) to General Commercial (CG) 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 26TH DAY OF FEBRUARY, 2025. Joe Halstead, CHAIRPERSON ATTEST: Meghan Thibodeau, Deputy City Clerk Page 40 STAFF REPORT PLANNING & ZONING DEPARTMENT O: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director DATE: February 26, 2025 SUBJECT: Resolution PZ2025-08 – Rezone Two (2) Parcels from Suburban Residential (RS) to General Commercial (GC) Zoning District Request The applicants are requesting a rezone of two (2) parcels from Suburban Residential (RS) to General Commercial (CG) Zoning District. Staff Recommendation Adopt Resolution PZ2025-08 recommending approval of a rezone of two (2) parcels from Suburban residential (RS) to General Commercial (CG) Zoning District. Applicants: John and Parrisa Harris 202 N. Forest LLC 215 Fidalgo Ave, Ste 104 Kenai, AK 99611 Parcel No. 04312013 Address Lot Size Legal Description 202 N Forest Dr. 0.49-acre FRESH START SUB LOT 1 04312014 1408 Second Avenue 0.83-acre FRESH START SUB LOT 2 Current Zoning: Suburban Residential (RS) Proposed Zoning: General Commercial (CG) Current Land Use Single-Family Residence, Accessory Structures Land Use Plan Suburban Residential Page 41 Resolution No. PZ2025-08 Rezone from Suburban Residential (RS) to General Commercial (CG) 202 N. Forest Dr. and 1408 Second Ave. Page 2 of 5 SUMMARY The applicants are seeking to rezone properties located at 202 N. Forest Drive and 1408 Second Avenue from Suburban Residential (RS) to General Commercial (CG) zoning district. The purpose of the rezone is to allow light commercial uses on the subject parcels. For the parcel located at 202 N. Forest Drive, the property owner intends to operate a law office, coffee shop, and commercial greenhouse. The parcel at 1408 Second Avenue would remain undeveloped, but be used for snow storage from the adjoining lot. North Forest Drive is classified as a Major Collector by the Alaska Department of Transportation and as such, is used to access several neighborhoods between the Kenai Spur Highway and Redoubt Avenue. A Major Collector route often has higher annual average daily traffic counts than surrounding streets, and generally results in higher associated road noise. This noise often deters substantial residential development directly on the route. This property has historically had a conditional use permit, initially issued in 1999 (PZ1999-24) for a Greenhouse, Gift Shop, and Coffee Shop. The current owners seek to reactivate this property with a similar mix of commercial uses, with the exception of the Gift Shop which would be replaced by a law office. There is vegetative screening for adjacent properties to the north, east, and south. N. Forest Drive is on the west side of the property. If approved, the zone change would allow commercial uses as a principal use, whereas under the existing zone, RS, a commerical use is only permitted as a conditional 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. Both affected parcels are owned by the same owner, 202 N. Forest, LLC, therefore, meeting the initiation of a rezone application. The combined area of the rezone is approximately 1.32 acres, which exceeds the minimum one (1) acre requirement for a zoning map amendment and it would expand the adjacent General Commercial zoning district to the south of the proposed rezone area. Existing and Proposed Zoning The existing zoning is Suburban Residential (RS) 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. Page 42 Resolution No. PZ2025-08 Rezone from Suburban Residential (RS) to General Commercial (CG) 202 N. Forest Dr. and 1408 Second Ave. Page 3 of 5 Findings: The proposed rezone area is surrounded by a commercial office/warehouse (Salvation Army) to the west, residential uses to the north and east, and a commercial zoned area along First Avenue. The current zoning, RS prohibits commerical uses unless it is a conditional use according to the land use table found in KMC Section 14.22.010 as shown below (highlighted in yellow). 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 The proposed zoning is General Commercial (CG) and the intent as outlined in KMC Section 14.20.120 states the following: The CG zone allows for the widest range of commercial uses compared to other commercial zoning districts. The current zoning district, Suburban Residential (RS) is intended to provide for medium density residential development. The existing RS zone is not the preferred land use for this area as there are existing commercial/institutional uses to the south and west of the proposed rezone area and the subject properties are located within 600 feet of the Kenai Spur Highway. The rezone to General Commercial (CG) zone would increase the adjacent CG zoning district, which it is anticipated that it would be developed in conjunction with the surrounding commercial and institutional uses along the Kenai Spur Highway and South Forest Drive. Therefore, it would minimize potential impacts of commercial development on existing residential uses. North Forest Drive has a Functional Classification as a Major Collector, as designated by the Alaska Department of Transportation, which infers a higher annual average daily traffic volume than surrounding neighborhood streets and therefore less desirable for residential uses due to vehicle noise. Findings: The rezone to CG zone would increase the adjacent RCGS zoning district, which it is anticipated that it would be developed in conjunction with the surrounding commercial/institutional uses to the west and south. Therefore, minimizing potential impacts of commercial development on existing uses. As noted by the applicants, this property has historically functioned as a commercial property with a Conditional Use Permit and rezoning would reduce the administrative burden on both the businesses, and the city staff. Page 43 Resolution No. PZ2025-08 Rezone from Suburban Residential (RS) to General Commercial (CG) 202 N. Forest Dr. and 1408 Second Ave. Page 4 of 5 Comprehensive Plan – Land Use Classification The existing land use classification is Suburban Residential and the intent as outlined in the Imagine Kenai 2030 Comprehensive Plan (“Comprehensive Plan”) states the following: Kenai residents place a high value on residential neighborhoods that are safe for all ages and located near important community facilities such as schools, recreational facilities, the library, parks, government services, and commercial areas. Findings: The existing land use classification states that the area is to be Suburban Residential. Due to North Forest Drive being a Major Collector route, there is reason to anticipate that this area will become low-impact commercial uses, as traffic is higher along N. Forest Drive and the associated road noise make residential uses less desirable. In the current RS zone, several commercial uses are permitted subject to a Conditional Use Permit (see attached Land Use Table). The proposed rezone to CG zone would be consistent as a natural extension of the Mixed-Use land use classification that is immediately south of the subject properties as identified in the Comprehensive Plan. An amendment to the land use map in the Comprehensive Plan is not currently required, as all the proposed uses are allowable in Suburban Residential zones, albeit as conditional uses. The City anticipates updating the Comprehensive Plan within a couple years, and a new Land Use Plan may be developed as a part of this process. 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 CG would align with the current low to medium density development of the neighborhood. Existing Use In the proposed rezone area, the only existing principal use are the existing buildings (greenhouse, coffee shop, and law office) on the property located at 202 N. Forest Drive, which are adjacent the intersection of N. Forest Drive and Second Avenue. Findings: The proposed rezone to CG zone would make the existing buildings (greenhouse, coffee shop, and law office) compliant with the zoning district. Under the existing RS zone, the existing buildings are considered a non-conforming use since commercial uses are not permitted to be a principal use. Therefore, any expansions or alterations of the buildings 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. Page 44 Resolution No. PZ2025-08 Rezone from Suburban Residential (RS) to General Commercial (CG) 202 N. Forest Dr. and 1408 Second Ave. Page 5 of 5 No public comments have been received as-of-date. 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 202 N. Forest Drive and 1408 Second Avenue from Suburban Residential (RS) to General Commercial (CG) zoning district. Planning & Zoning Commission’s recommendation will be forwarded to City Council for consideration. ATTACHMENTS Zoning Map Application Materials Letter of Intent Aerial Map Plat KMC 14.22.010 Land Use Table Draft Zoning Map Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 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 Ch. 14.22 Land Use Table | Kenai Municipal Code Page 1 of 12 The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024. Page 52 ZO N I N G D I S T R I C T S LA N D U S E S AL I C RR RR - 1 RS RS - 1 RS - 2 RU CC CG IL IH ED R TS H LC CM U WW RE S I D E N T I A L On e - F a m i l y Dw e l l i n g N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C 21 S33 /C Tw o - , T h r e e - Fa m i l y D w e l l i n g N C18 P P P P P P P21 S1 C C C22 P P P S1/C 21 P Fo u r - F a m i l y Dw e l l i n g N C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C 21 P Fi v e - , S i x - F a m i l y Dw e l l i n g N C18 C3 N P N N P P21 S1 C C N N P C S1/C 21 P Se v e n - o r M o r e Fa m i l y D w e l l i n g N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C 21 P Mo b i l e H o m e Pa r k s 6 N N C N C C C C C C C C N C N N C N Pl a n n e d U n i t Re s i d e n t i a l De v e l o p m e n t 7 N C18 C C29 C C C C C C C C N C C C C P To w n h o u s e s 4 N C18 C3 C3,29 C3 C3 C3 C3 C C C C C22 C C C C C Ac c e s s o r y Bu i l d i n g o n Pa r c e l W i t h o u t Ma i n B u i l d i n g or Us e ( S e e K M C 14 . 2 0 . 2 0 0 ) N N C C C C C C N N N N N N C N N N Ch. 14.22 Land Use Table | Kenai Municipal Code Page 2 of 12 The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024. Page 53 ZO N I N G D I S T R I C T S LA N D U S E S AL I C RR RR - 1 RS RS - 1 RS - 2 RU CC CG IL IH ED R TS H LC CM U WW CO M M E R C I A L Ai r p o r t Co m p a t i b l e U s e s P N N N N N N N C C C C N N N C C C Ad u l t B u s i n e s s e s N N N N N N N N P31 P31 P31 P31 N N N N N N Au t o m o t i v e S a l e s C N C N N N N C P P P P N N N N P N Au t o m o t i v e Se r v i c e S t a t i o n s C N C N N N N C P P P P N C N N P C Ba n k s C N C N C N N C P P P C N C C C P P Bu s i n e s s / Co n s u m e r Se r v i c e s C N C C C N N C P P P C N C C C P P Co m m e r c i a l Re c r e a t i o n N N C N C N N C P P C C N P C C P P Gu i d e S e r v i c e C N C N C N N C P P P P N P P C P P Ho t e l s / M o t e l s C N C N C N N C P P P C N C P C P P Lo d g e C N C N C N N C P P P C N P P C P P Ma r i j u a n a Cu l t i v a t i o n Fa c i l i t y , L i m i t e d 30 N N N N N N N N N C C C N N N C N N Ma r i j u a n a Cu l t i v a t i o n Fa c i l i t y , St a n d a r d 30 N N N N N N N N N C C C N N N C N N Ch. 14.22 Land Use Table | Kenai Municipal Code Page 3 of 12 The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024. Page 54 ZO N I N G D I S T R I C T S LA N D U S E S AL I C RR RR - 1 RS RS - 1 RS - 2 RU CC CG IL IH ED R TS H LC CM U WW Ma r i j u a n a Pr o d u c t Ma n u f a c t u r i n g Fa c i l i t y 30 N N N N N N N N N C C C N N N N N N Ma r i j u a n a T e s t i n g Fa c i l i t y 30 N N N N N N N N C C P P N N N C C N Pr o f e s s i o n a l Of f i c e s C N C C C N N P P P P P N C P P P P Re s t a u r a n t s C N C N C N N C P P P C N C C C P P Re t a i l B u s i n e s s C N26 C N C N N C P P P P S24 S24 C C P P Re t a i l M a r i j u a n a St o r e 30 N N N N N N N N N C C C N N N C C C Th e a t e r s N N C N C N N C P P C C N P C C P P Wh o l e s a l e Bu s i n e s s C N C N C N N C C P P P N S24 C C N N IN D U S T R I A L Ai r p o r t s C P20 C N C N N C C C C C N C N N C C Ne c e s s a r y Av i a t i o n F a c i l i t i e s P P C C C C C C P P P P C P C P P C Au t o m o t i v e Re p a i r P N C N C N N C P P P P N N N N P C Ch. 14.22 Land Use Table | Kenai Municipal Code Page 4 of 12 The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024. Page 55 ZO N I N G D I S T R I C T S LA N D U S E S AL I C RR RR - 1 RS RS - 1 RS - 2 RU CC CG IL IH ED R TS H LC CM U WW Ga s Ma n u f a c t u r e r / St o r a g e C9 N N N C N N N N N C9 C9 N N N N N C Ma n u f a c t u r i n g / Fa b r i c a t i n g / As s e m b l y P N C N C N N C C P P P N C C N C C Mi n i - S t o r a g e Fa c i l i t y C N C N C N N C C P P P N N N C C N St o r a g e Y a r d C N C N C N N C C P P P N N N N C C32 Wa r e h o u s e s C N C N C N N C N P P P N C N N N C PU B L I C / IN S T I T U T I O N A L As s i s t e d L i v i n g N C C C C C C C C C C C C C C C C C Ch u r c h e s * N C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P P Cl i n i c s N C C N C C C C P P P C C C C P P P Co l l e g e s * N C C C29 C C C C P P C C P C C C P P El e m e n t a r y Sc h o o l s * N C C C29 C C C C P P C C P C C C P P Go v e r n m e n t a l Bu i l d i n g s P C C C29 C C C C P P P C P C C P P P Hi g h S c h o o l s * N C C C29 C C C C P P C C P C C C P P Ho s p i t a l s * N C C N C C C C P P P C C C C C P C Ch. 14.22 Land Use Table | Kenai Municipal Code Page 5 of 12 The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024. Page 56 ZO N I N G D I S T R I C T S LA N D U S E S AL I C RR RR - 1 RS RS - 1 RS - 2 RU CC CG IL IH ED R TS H LC CM U WW Li b r a r i e s * N C C C29 C C C C12 P P P C P C P C P P Mu s e u m s C C C C29 C C C C P P P C P C P C P P Pa r k s a n d Re c r e a t i o n N P C C29 C C C C P P P P P P P C P P MI S C E L L A N E O U S An i m a l B o a r d i n g / Co m m e r c i a l Ke n n e l 13 C C C N C C N N C C C C N C N C C C As s e m b l i e s 15 (L a r g e : C i r c u s e s , Fa i r s , e t c . ) P C C N C C C C P15 P15 P15 P15 P15 C P N P15 P Be d a n d Br e a k f a s t s N C C C C C C C C C C C N P C C P C Ca b i n R e n t a l s N C C N C N N N P P P C N P P C P P Ce m e t e r i e s P C C N C N N N N C C C N C C N N N Co m m u n i c a t i o n s To w e r s a n d An t e n n a ( s ) , Ra d i o / T V Tr a n s m i t t e r s / C e l l Si t e s ** 28 C P C N C C C C P P P P P C C C C C Cr e m a t o r i e s / Fu n e r a l H o m e s N N C N C N N C C C C C N C C C C N Ch. 14.22 Land Use Table | Kenai Municipal Code Page 6 of 12 The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024. Page 57 ZO N I N G D I S T R I C T S LA N D U S E S AL I C RR RR - 1 RS RS - 1 RS - 2 RU CC CG IL IH ED R TS H LC CM U WW Da y C a r e Ce n t e r s 12 N C C C29 C C C C P P P C C C C P P C Do r m i t o r i e s / Bo a r d i n g H o u s e s N C C N C C C P P21 S C P P23 C C C P P Es s e n t i a l S e r v i c e s P P P P P P P P P P P P P P P P P P Fa r m i n g / G e n e r a l Ag r i c u l t u r e ** * N P P N N N N N N N N P N P N N N C Fr a t e r n a l Or g a n i z a t i o n s / Pr i v a t e C l u b s / So c i a l H a l l s a n d Un i o n H a l l s N N C N C C C C P P P C N C P C P P Gr e e n h o u s e s / Tr e e N u r s e r i e s 13 N C C N C C C C P P P C N C C C P P Gu n s m i t h i n g , Ta x i d e r m y N N C C C C C C P P P P N C P P P P Nu r s i n g , Co n v a l e s c e n t o r Re s t H o m e s N N C N C C C C P P C C C C C C P P Pa r k i n g , P u b l i c Lo t s 12 C C C N C C C C C C C C C C C C C C Pe r s o n a l Se r v i c e s 25 N C C N C C C C P P P P C C P P/ C27 P P Ch. 14.22 Land Use Table | Kenai Municipal Code Page 7 of 12 The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024. Page 58 ZO N I N G D I S T R I C T S LA N D U S E S AL I C RR RR - 1 RS RS - 1 RS - 2 RU CC CG IL IH ED R TS H LC CM U WW Re c r e a t i o n a l Ve h i c l e P a r k s N C C N C N N C C C C C N C C N C C Su b s u r f a c e Ex t r a c t i o n o f Na t u r a l Re s o u r c e s 16 C C C C C C C C C C C C N C N N N C Su r f a c e Ex t r a c t i o n o f Na t u r a l Re s o u r c e s 17 C C C N C N N C N C C C N C N N N N Ch. 14.22 Land Use Table | Kenai Municipal Code Page 8 of 12 The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024. Page 59 *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: 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. Ch. 14.22 Land Use Table | Kenai Municipal Code Page 9 of 12 The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024. Page 60 10 Provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 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. 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). Ch. 14.22 Land Use Table | Kenai Municipal Code Page 10 of 12 The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024. Page 61 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 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). Ch. 14.22 Land Use Table | Kenai Municipal Code Page 11 of 12 The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024. Page 62 The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024. 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 General Code. 32 Allowed as a conditional use; provided, it is a maritime-related use to accommodate recreational boating activities, recreational facilities, accessory uses, and service facilities. 33 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. (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, 3392-2024) Ch. 14.22 Land Use Table | Kenai Municipal Code Page 12 of 12 The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024. Page 63 Page 64 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-10 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A RETAIL BUSINESS (GREENHOUSE, CAFÉ/RETAIL, LAW OFFICES) IN EXISTING SINGLE-FAMILY DWELLING AND ACCESSORY BUILDINGS. APPLICANT: 202 N. Forest, LLC – Parissa Harris PROPERTY ADDRESS: 202 N. Forest Drive LEGAL DESCRIPTION: Lot 1, Fresh Start Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBER: 04312013 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on February 10, 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 26, 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 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. Page 65 Resolution No. PZ2025-10 Page 2 of 4 The proposed use would not necessarily violate the residential character of the neighborhood as it would function/remain as it has historically operated with a Conditional Use Permit. Furthermore, the proposed use is not anticipated to generate a significant change in traffic, as North Forest Drive is considered a Major Collector route by the Alaska Department of Transportation, given that it creates access to several neighborhoods between the Kenai Spur Highway and Redoubt Avenue. A Major Collector route often has higher annual average daily traffic counts than the surrounding streets, so no significant change in traffic is anticipated. There is adequate parking available. The existing density would remain unchanged since there is no proposed alteration to increase the number of accessory buildings. Staff finds that the proposed use meets the intent of the RS 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 proposed use is similar the previously issued Conditional Use Permit, PZ1999-24. The Greenhouse, gift and coffee shop operated without complaint or problems recorded, until the primary structure was remodeled to provide living quarters for the previous owners when they retired. 202 N. Forest LLC purchased the property with the intention of revitalizing and reopening business already established on the premises. Furthermore, they have requested a rezone to General Commercial, which would allow the requested use without the need for a Conditional Use Permit, and have applied for the Conditional Use Permit in the meantime to assure they remain in compliance with Kenai Municipal Code. Staff finds the proposed use, similar to the previously approved Conditional Use Permit, would not have an adverse impact on the neighborhood and adjoining properties. Staff finds the proposed use would not impair the economic and noneconomic value of adjacent properties and neighborhood. 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 Suburban Residential (RS) land use classification. The RS Land Use Classification is defined in the Comprehensive Plan: Suburban Residential is intended for single-family and multi-family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are required or planned. Some developments may be required to construct streets to a pave standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate. The existing land use classification states that the area is to be Suburban Residential. Due to North Forest Drive being a Major Collector route, there is reason to anticipate that this area will become low-impact commercial, as traffic is higher along N. Forest Drive and the associated road noise make residential uses less desirable. The surrounding uses consist of an empty lot to the north east and south, and North Forest Drive and a Church to the west. The church property as well as the properties to the south are designated General Commercial, and the applicant has applied to have that zone extended to cover their property at both 202 N. Forest and 1408 Second Avenue. Staff Page 66 Resolution No. PZ2025-10 Page 3 of 4 finds that the proposed use meets is in harmony with the Comprehensive Plan both as currently zoned, and the proposed rezone to General Commercial. As stated by the applicant, the proposed reinvigoration of the property as proposed is consistent and in harmony with several goals in the 2016 Comprehensive Plan. 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. Goal 3 – Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Objective LU-5 Support development at emerging community “centers” that lie outside the major employment centers but provide a mix of retail, service and residential uses. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: City water and sewer are available and adequate for the proposed use. North Forest is a paved City-maintained road. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: There is adequate parking and buffer for the proposed use to minimize the impact to the surrounding area. It is not anticipated that the continued use will be harmful to the public safety, health or welfare. As noted by the applicant, their vision for this property and the neighboring parcel, referred to as Fireweed Square, is to create a quaint, aesthetically pleasing “third place” for community enrichment and gathering. The location is ideal for such a goal, as it Is only 1.5 blocks from the Kenai Spur Highway, and the use will not significantly increase already established traffic patterns. 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. Page 67 Resolution No. PZ2025-10 Page 4 of 4 Findings: Staff finds that allowing Retail Businesses (Greenhouse, Café/Retail, Law Offices) in the existing structures would not cause any adverse impacts on the surrounding properties. Staff finds that additional specific conditions are not deemed necessary to fulfill the above-mentioned conditions. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional use permit is granted to operate a Retail Business (Greenhouse, Café/Retail, Law Offices) in the existing single-family and accessory structures on the property described as Lot 1, Fresh Start Subdivision, located at 202 N. Forest Drive. Section 2. That the conditional use permit is subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 26TH DAY OF FEBRUARY, 2025 JOE HALSTEAD, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 68 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Beth McDonald, Planning Administrative Assistant DATE: February 26, 2025 SUBJECT: Resolution PZ2025-10 – Conditional Use Permit – Retail Business (Greenhouse, Café/Retail, Law Offices) Request The applicant is requesting to operate Retail Business out of existing structures on the property. Staff Recommendation Adopt Resolution PZ2025-10 approving a Conditional Use Permit to operate Retail Business out of existing structures on the property. Applicant: 202 N. Forest, LLC – Parissa Harris Legal Description: Lot 1, Fresh Start Subdivision Property Address: 202 N. Forest Drive KPB Parcel No.: 04312013 Lot Size: 27538.35 square feet (.63-acres) Zoning: Suburban Residential (RS) currently, though they have petitioned for a Rezone of the property to General Commercial (CG). Current Use: Single Family Dwelling Land Use Plan: Suburban Residential (RS) SUMMARY The applicant is requesting to operate the existing single-family dwelling and accessory buildings as a Retail Business, specifically a Greenhouse, a Café/Retail Space and Law Offices. A Conditional Use Permit (CUP) is required to operate the existing single-family dwelling and accessory buildings as Retail businesses. This property has historically had a conditional use permit, originally issued in 1999 (PZ1999-24) for a Greenhouse, Gift Shop and Coffee Shop. The current owners seek to reactivate this property with a similar mix of commercial uses with the Gift Page 69 Resolution No. PZ2025-10 Conditional Use Permit Retail Business (Greenhouse, Café/Retail, Law Office) Page 2 of 5 Shop being replaced by the Law Offices. Additionally, applicants have requested rezoning of the property in question, with the understanding that if it is approved, the conditional use permit would become automatically expire. 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 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. The proposed use would not necessarily violate the residential character of the neighborhood as it would function/remain as it has historically operated with a Conditional Use Permit. Furthermore, the proposed use is not anticipated to generate a significant change in traffic, as North Forest Drive is considered a Major Collector route by the Alaska Department of Transportation, given that it creates access to several neighborhoods between the Kenai Spur Highway and Redoubt Avenue. A Major Collector route often has higher annual average daily traffic counts than the surrounding streets, so no significant change in traffic is anticipated. There is adequate parking available. The existing density would remain unchanged since there is no proposed alteration to increase the number of accessory buildings. Staff finds that the proposed use meets the intent of the RS zoning district. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Findings: The proposed use is similar the previously issued Conditional Use Permit, PZ1999-24. The Greenhouse, gift and coffee shop operated without complaint or problems recorded. The primary structure was remodeled to provide living quarters for the previous owners when they retired. 202 N. Forest LLC purchased the property with the intention of revitalizing and reopening business already established on the premises. Furthermore, they have requested a rezone to General Commercial, which would allow the requested use without the need for a Conditional Use Permit, and have applied for the Page 70 Resolution No. PZ2025-10 Conditional Use Permit Retail Business (Greenhouse, Café/Retail, Law Office) Page 3 of 5 Conditional Use Permit in the meantime to assure they remain in compliance with Kenai Municipal Code. Staff finds the proposed use, similar to the previously approved Conditional Use Permit, would not have an adverse impact on the neighborhood and adjoining properties. Staff finds the proposed use would not impair the economic and noneconomic value of adjacent properties and neighborhood. 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 Suburban Residential (RS) land use classification. The RS Land Use Classification is defined in the Comprehensive Plan: Suburban Residential is intended for single-family and multi-family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are required or planned. Some developments may be required to construct streets to a pave standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate. The existing land use classification states that the area is to be Suburban Residential. Due to North Forest Drive being a Major Collector route, there is reason to anticipate that this area will become low-impact commercial, as traffic is higher along N. Forest Drive and the associated road noise make residential uses less desirable. The surrounding uses consist of an empty lot to the north east and south, and North Forest Drive and a Church to the west. The church property as well as the properties to the south are designated General Commercial, and the applicant has applied to have that zone extended to cover their property at both 202 N. Forest Drive and 1408 Second Avenue. Staff finds that the proposed use meets is in harmony with the Comprehensive Plan both as currently zoned, and the proposed rezone to General Commercial. As stated by the applicant, the proposed reinvigoration of the property as proposed is consistent and in harmony with several goals in the 2016 Comprehensive Plan. 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. Goal 3 – Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-1 Establish siting and design standards so that development is in harmony and scale Page 71 Resolution No. PZ2025-10 Conditional Use Permit Retail Business (Greenhouse, Café/Retail, Law Office) Page 4 of 5 with surrounding uses. Objective LU-5 Support development at emerging community “centers” that lie outside the major employment centers but provide a mix of retail, service and residential uses. Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: City water and sewer are available and adequate for the proposed use. North Forest is a paved City-maintained road. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: There is adequate parking and buffer for the proposed use to minimize the impact to the surrounding area. It is not anticipated that the continued use will be harmful to the public safety, health or welfare. As noted by the applicant, their vision for this property and the neighboring parcel, referred to as Fireweed Square, is to create a quaint, aesthetically pleasing “third place” for community enrichment and gathering. The location is ideal for such a goal, as it Is only 1.5 blocks from the Kenai Spur Highway, and the use will not significantly increase already established traffic patterns. 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: Staff finds that allowing Retail Businesses (Greenhouse, Café/Retail, Law Offices) in the existing structures would no cause any adverse impacts on the surrounding properties. Staff finds that additional specific conditions are not deemed necessary to fulfill the above-mentioned conditions. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use were mailed to property owners within a three hundred-foot (300’) periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. City staff submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use permit request. No public comments have been received at the time of this report. STAFF RECOMMENDATION Staff finds that the proposed Conditional Use Permit for Retail Businesses (Greenhouse, Café/Retail, Law Offices) in the existing Single Family Dwelling and Accessory Structures on the property described as Lot 1, Fresh Start Subdivision meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code Page 72 Resolution No. PZ2025-10 Conditional Use Permit Retail Business (Greenhouse, Café/Retail, Law Office) Page 5 of 5 14.20.150, and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2025-10 approving the Conditional Use Permit, subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. ATTACHMENTS Aerial Map Application Application Letter Site Plan Fresh Start Subdivision Plat Page 73 20 2 N . F o r e s t D r i v e Le g e n d Ph y s i c a l A d d r e s s e s Tr a n s p o r t a t i o n Mi l e p o s t s Ro a d s Me d i u m C o l l e c t o r Me d i u m V o l u m e - Un m a i n t a i n e d Me d i u m V o l u m e - Ma i n t a i n e d Lo w / S e a s o n a l Le g a l T r a i l Pr i v a t e St a t e H w y Pl a t t e d / P r o p o s e d Pa r c e l s a n d P L S S Pa r c e l s 9" I m a g e r y Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e 0 25 0 50 0 ft NO T E : E v e r y r e a s o n a b l e e f f o r t h a s b e e n m a d e t o e n s u r e t h e a c c u r a c y o f t h e s e d a t a . H o w e v e r , b y a c c e p t i n g t h i s m a t e r i a l , y o u a g r e e t h a t t h e K e n a i P e n i n s u l a B o r o u g h a s s u m e s n o l i a b i l i t y o f a n y k i n d a r i s i n g f r o m t h e u s e o f t h i s d a t a . T h e da t a a r e p r o v i d e d w i t h o u t w a r r a n t y o f a n y k i n d , e i t h e r e x p r e s s e d o r i m p l i e d , i n c l u d i n g b u t n o t l i m i t e d t o t i m e , m o n e y o r g o o d w i l l a r i s i n g f r o m t h e u s e , o p e r a t i o n o r m o d i f i c a t i o n o f t h e d a t a . I n u s i n g t h e s e d a t a , y o u f u r t h e r a g r e e t o in d e m n i f y , d e f e n d , a n d h o l d h a r m l e s s K e n a i P e n i n s u l a B o r o u g h f o r a n y a n d a l l l i a b i l i t y o f a n y n a t u r e a r i s i n g f r o m t h e l a c k o f a c c u r a c y o r c o r r e c t n e s s o f t h e d a t a , o r u s e o f t h e d a t a . 2/ 1 2 / 2 0 2 5 1 0 : 0 3 : 2 7 A M Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-06 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A CABIN RENTAL / BOARDING HOUSE OF A SINGLE-FAMILY DWELLING. APPLICANT: Tower Rock Lodge, LLC PROPERTY ADDRESS: 1305 Angler Drive LEGAL DESCRIPTION: Lot 16, Block 1, Anglers Acres Sub Part 2 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04939023 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on January 30, 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 26, 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 RR Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. Page 82 Resolution No. PZ2025-06 Page 2 of 4 The proposed use would not necessarily violate the residential character of the neighborhood as it would function/remain as a single-family dwelling and be seasonally used as a short-term rental and/or a boarding house for employees of the neighboring parcel Guide Services and Lodge (PZ2025-07). Furthermore, the proposed use is not anticipated to generate heavy traffic as the use is limited to the single-family dwelling, and there is adequate parking available. The existing density would remain unchanged since there is no proposed alteration to increase the number of dwelling units. Staff finds that the proposed use meets the intent of the RR 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 proposed use is similar to other properties on Angler Drive, where there are several Lodges and Guides in operation. The City has not received any complaints involving 1305 Angler Dr. Staff finds the proposed use, similar to the nearby properties, would not have an adverse impact on the neighborhood and adjoining properties. Staff finds the proposed use would not impair the economic and noneconomic value of adjacent properties and neighborhood. 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 Low Density Residential (LDR) land use classification. The LDR Land Use Classification is defined in the Comprehensive Plan: Low Density Residential because of location or poor site conditions is intended for large- lot single-family low-density residential development. The area will typically be developed with individual on-site water supply and wastewater disposal systems. Streets will typically be constructed to rural street standards (i.e., gravel) and sidewalks will not be typically included in the subdivision design. Rural Residential becomes Low Density Residential to avoid confusion with zoning category. The surrounding uses are a mix of residential and commercial/recreation uses. The proposed use would be compatible with the existing uses and would not require any buffer between surrounding uses since most lots are approximately an acre. Additionally, the applicant states the impact on the area will be minimal giving they have no intent to remove vegetation or heavily modify the natural aesthetics of the property. 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. Goal 2 – Economic Development is to provide economic development to support the fiscal health of Kenai. Page 83 Resolution No. PZ2025-06 Page 3 of 4 Objective ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. Goal 3 – Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-1 Establish siting and design standards so that development is in harmony and scale with surrounding issues. Objective LU-3 Review existing zoning and subdivision codes to determine if they address current and future land uses adequately. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: City water and sewer is not in the vicinity of the subject property but onsite water and wastewater treatment and disposal systems are in place. The applicants are required to be in compliant with wastewater disposal requirements of Kenai Peninsula Borough Chapter 20.40 and regulatory requirements of the Alaska Department of Environmental Conservation. Angler Drive is a paved road, which is a City-maintained road. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: There is adequate parking and buffer for the proposed use to minimize the impact to the surrounding area. It is not anticipated that the continued use will be harmful to the public safety, health or welfare. As noted by the applicant, the proposed use will not be harmful and the impact on the neighbors would be minimal. It falls into line with other property uses in the area, and their company has been in the fishing and lodging business for over 30 years, with an immaculate record. There is a natural buffer zone around the properties, and they intend to maintain and enhance those zones for a feeling of privacy and seclusion. 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: Staff finds that allowing short-term rentals and a boarding house for lodge employees in the existing single-family dwelling would not cause any adverse impacts on the surrounding properties. Staff finds that additional specific conditions are not deemed necessary to fulfill the above-mentioned conditions. Page 84 Resolution No. PZ2025-06 Page 4 of 4 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional use permit is granted to operate a cabin rental (i.e., short-term rental) / Boarding House in the existing single-family dwelling on a property described as Lot 16, Block 1 or the Anglers Acres Subdivision Part 2, located at 1305 Angler Dr. Section 2. That the conditional use permit is subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 26TH DAY OF FEBRUARY, 2025 JOE HALSTEAD, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 85 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Beth McDonald, Planning Administrative Assistant DATE: February 26, 2025 SUBJECT: Resolution PZ2025-06 – Conditional Use Permit – Cabin Rentals / Boarding House Request The applicant is requesting to operate a cabin rental (i.e., short-term rental) and Boarding House at the existing single-family dwelling. Staff Recommendation Adopt Resolution PZ2025-06 approving a Conditional Use Permit to operate a Cabin Rental (Short-Term Rental) and Boarding House of a single-family dwelling. Applicant: Tower Rock Lodge, LLC – Joseph Chambers Legal Description: Lot 16, Block 1, Anglers Acres Sub Part 2 Property Address: 1305 Angler Drive KPB Parcel No.: 04939023 Lot Size: 49266.36 square feet (1.131-acres) Zoning: Rural Residential (RR) Current Use: Single Family Dwelling Land Use Plan: Low Density Residential (LDR) SUMMARY The applicant is requesting to operate the existing single-family dwelling as a Cabin Rental (Short- term Rental) / Boarding House. A Conditional Use Permit (CUP) is required to operate the existing single-family dwelling as a cabin rental (i.e., short-term rental) and Boarding House. Page 86 Resolution No. PZ2025-06 Conditional Use Permit Cabin Rental/Boarding House Page 2 of 5 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 RR Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. The proposed use would not necessarily violate the residential character of the neighborhood as it would function/remain as a single-family dwelling and be seasonally used as a short-term rental and/or a boarding house for employees of the neighboring parcel Guide Services and Lodge (PZ2025-07). Furthermore, the proposed use is not anticipated to generate heavy traffic as the use is limited to the single-family dwelling, and there is adequate parking available. The existing density would remain unchanged since there is no proposed alteration to increase the number of dwelling units. Staff finds that the proposed use meets the intent of the RR zoning district. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Findings: The proposed use is similar to other properties on Angler Drive, where there are several Lodges and Guides in operation. The City has not received any complaints involving 1305 Angler Dr. Staff finds the proposed use, similar to the nearby properties, would not have an adverse impact on the neighborhood and adjoining properties. Staff finds the proposed use would not impair the economic and noneconomic value of adjacent properties and neighborhood. Page 87 Resolution No. PZ2025-06 Conditional Use Permit Cabin Rental/Boarding House Page 3 of 5 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 Low Density Residential (LDR) land use classification. The LDR Land Use Classification is defined in the Comprehensive Plan: Low Density Residential because of location or poor site conditions is intended for large-lot single-family low-density residential development. The area will typically be developed with individual on-site water supply and wastewater disposal systems. Streets will typically be constructed to rural street standards (i.e., gravel) and sidewalks will not be typically included in the subdivision design. Rural Residential becomes Low Density Residential to avoid confusion with zoning category. The surrounding uses are a mix of residential and commercial/recreation uses. The proposed use would be compatible with the existing uses and would not require any buffer between surrounding uses since most lots are approximately an acre. Additionally, the applicant states the impact on the area will be minimal giving they have no intent to remove vegetation or heavily modify the natural aesthetics of the property. As stated by the applicant, the proposed use of a Cabin Rental and/or a Boarding House is consistent and in harmony with several goals in the 2016 Comprehensive Plan, specifically Goals 1, 2 and 4 listed below. 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. Goal 2 – Economic Development is to provide economic development to support the fiscal health of Kenai. Objective ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. Goal 3 – Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Objective LU-3 Review existing zoning and subdivision codes to determine if they address current and future land uses adequately. Page 88 Resolution No. PZ2025-06 Conditional Use Permit Cabin Rental/Boarding House Page 4 of 5 Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: City water and sewer is not in the vicinity of the subject property but onsite water and wastewater treatment and disposal systems are in place. The applicants are required to be in compliant with wastewater disposal requirements of Kenai Peninsula Borough Chapter 20.40 and regulatory requirements of the Alaska Department of Environmental Conservation. Angler Drive is a paved road, which is a City-maintained road. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: There is adequate parking and buffer for the proposed use to minimize the impact to the surrounding area. It is not anticipated that the continued use will be harmful to the public safety, health or welfare. As noted by the applicant, the proposed use will not be harmful and the impact on the neighbors would be minimal. It falls into line with other property uses in the area, and their company has been in the fishing and lodging business for over 30 years, with an immaculate record. There is a natural buffer zone around the properties, and they intend to maintain and enhance those zones for a feeling of privacy and seclusion. 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: Staff finds that allowing short-term rentals and a boarding house for lodge employees in the existing single-family dwelling would not cause any adverse impacts on the surrounding properties. Staff finds that additional specific conditions are not deemed necessary to fulfill the above-mentioned conditions. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use were mailed to property owners within a three hundred-foot (300’) periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. City staff submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use permit request. No public comments have been received at the time of this report. STAFF RECOMMENDATION Staff finds that the proposed Conditional Use Permit for a cabin rental (i.e., short-term rental) and/or boarding house in the existing single-family dwelling on the property described as Lot 16, Block 1 of the Angler Acres Subdivision Part 2 meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2025-06 approving the Conditional Use Permit, subject to the following conditions: Page 89 Resolution No. PZ2025-06 Conditional Use Permit Cabin Rental/Boarding House Page 5 of 5 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. ATTACHMENTS Aerial Map Application Site Plan Angler Acres Subdivision Part 2 Plat Page 90 13 0 5 A n g l e r D r i v e Le g e n d Ph y s i c a l A d d r e s s e s Tr a n s p o r t a t i o n Mi l e p o s t s Ro a d s Me d i u m C o l l e c t o r Me d i u m V o l u m e - Un m a i n t a i n e d Me d i u m V o l u m e - Ma i n t a i n e d Lo w / S e a s o n a l Le g a l T r a i l Pr i v a t e St a t e H w y Pl a t t e d / P r o p o s e d Pa r c e l s a n d P L S S Pa r c e l s 9" I m a g e r y Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e 0 15 0 30 0 ft NO T E : E v e r y r e a s o n a b l e e f f o r t h a s b e e n m a d e t o e n s u r e t h e a c c u r a c y o f t h e s e d a t a . H o w e v e r , b y a c c e p t i n g t h i s m a t e r i a l , y o u a g r e e t h a t t h e K e n a i P e n i n s u l a B o r o u g h a s s u m e s n o l i a b i l i t y o f a n y k i n d a r i s i n g f r o m t h e u s e o f t h i s d a t a . T h e da t a a r e p r o v i d e d w i t h o u t w a r r a n t y o f a n y k i n d , e i t h e r e x p r e s s e d o r i m p l i e d , i n c l u d i n g b u t n o t l i m i t e d t o t i m e , m o n e y o r g o o d w i l l a r i s i n g f r o m t h e u s e , o p e r a t i o n o r m o d i f i c a t i o n o f t h e d a t a . I n u s i n g t h e s e d a t a , y o u f u r t h e r a g r e e t o in d e m n i f y , d e f e n d , a n d h o l d h a r m l e s s K e n a i P e n i n s u l a B o r o u g h f o r a n y a n d a l l l i a b i l i t y o f a n y n a t u r e a r i s i n g f r o m t h e l a c k o f a c c u r a c y o r c o r r e c t n e s s o f t h e d a t a , o r u s e o f t h e d a t a . 2/ 3 / 2 0 2 5 2 : 4 7 : 2 0 P M Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-07 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A LODGE AND GUIDE SERVICE OF A SINGLE-FAMILY DWELLING. APPLICANT: Tower Rock Lodge, LLC PROPERTY ADDRESS: 1235 Angler Drive LEGAL DESCRIPTION: Lot 14-A, Block 1, Anglers Acres Sub Beaver Creek Replat KENAI PENINSULA BOROUGH PARCEL NUMBER: 04939058 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on January 30, 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 26, 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 RR Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. Page 102 Resolution No. PZ2025-07 Page 2 of 4 The proposed use would not necessarily violate the residential character of the neighborhood as it would function/remain as a single-family dwelling and be seasonally used as a Lodge and Fishing Guide Service. Furthermore, the proposed use is not anticipated to generate heavy traffic as the use is limited to the single-family dwelling, and there is adequate parking available. The existing density would remain unchanged since there is no proposed alteration to increase the number of dwelling units. Staff finds that the proposed use meets the intent of the RR 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 proposed use is similar to other properties on Angler Drive, where there are several Lodges and Guides in operation. The City has not received any complaints involving 1235 Angler Dr. Staff finds the proposed use, similar to the nearby properties, would not have an adverse impact on the neighborhood and adjoining properties. Staff finds the proposed use would not impair the economic and noneconomic value of adjacent properties and neighborhood. 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 Low Density Residential (LDR) land use classification. The LDR Land Use Classification is defined in the Comprehensive Plan: Low Density Residential because of location or poor site conditions is intended for large- lot single-family low-density residential development. The area will typically be developed with individual on-site water supply and wastewater disposal systems. Streets will typically be constructed to rural street standards (i.e., gravel) and sidewalks will not be typically included in the subdivision design. Rural Residential becomes Low Density Residential to avoid confusion with zoning category. The surrounding uses are a mix of residential and commercial/recreation uses. The proposed use would be compatible with the existing uses and would not require any buffer between surrounding uses since most lots are approximately an acre. Additionally, the applicant states the impact on the area will be minimal giving they have no intent to remove vegetation or heavily modify the natural aesthetics of the property. Furthermore, they intend to plant trees and shrubs to replace cleared spruce beetle infestations, especially along the property lines. They also intend to add privacy fences with revegetation to add privacy for both them and the neighbors. Future plans involve a gravel path to protect the wetlands, and using fill dirt and vegetation conducive to the environment to rebuild barren ground left from the over-clearing by previous owners. 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. Page 103 Resolution No. PZ2025-07 Page 3 of 4 Goal 2 – Economic Development is to provide economic development to support the fiscal health of Kenai. Objective ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. Goal 3 – Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-1 Establish siting and design standards so that development is in harmony and scale with surrounding issues. Objective LU-3 Review existing zoning and subdivision codes to determine if they address current and future land uses adequately. Goal 8 – Environmental Resources: Protect and enhance the natural resources and environment of the community. Objective ER-2 Development plans should include provisions to avoid or minimize impacts on environmental resources such as the dunes, bluffs and wetlands. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: City water and sewer is not in the vicinity of the subject property but onsite water and wastewater treatment and disposal systems are in place. The applicants are required to be in compliant with wastewater disposal requirements of Kenai Peninsula Borough Chapter 20.40 and regulatory requirements of the Alaska Department of Environmental Conservation. Angler Drive is a paved road, which is a City-maintained road. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: There is adequate parking and buffer for the proposed use to minimize the impact to the surrounding area. It is not anticipated that the continued use will be harmful to the public safety, health or welfare. As noted by the applicant, the proposed use will not be harmful and the impact on the neighbors would be minimal. It falls into line with other property uses in the area, and their company has been in the fishing and lodging business for over 30 years, with an immaculate record. There is a natural buffer zone around the properties, and they intend to maintain and enhance those zones for a feeling of privacy and seclusion. Page 104 Resolution No. PZ2025-07 Page 4 of 4 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: Staff finds that allowing a Lodge and Fishing Guide business in the existing single-family dwelling would not cause any adverse impacts on the surrounding properties. Staff finds that additional specific conditions are not deemed necessary to fulfill the above- mentioned conditions. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional use permit is granted to operate a Lodge and Guide Service in the existing single-family dwelling on the property described as Lot 14-A, Block 1 of the Angler Acres Subdivision Beaver Creek Replat, located at 1235 Angler Dr. Section 2. That the conditional use permit is subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 26TH DAY OF FEBRUARY, 2025 JOE HALSTEAD, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 105 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Beth McDonald, Planning Administrative Assistant DATE: February 26, 2025 SUBJECT: Resolution PZ2025-07 – Conditional Use Permit – Lodge and Guide Service Request The applicant is requesting to operate a Lodge and Guide Service at the existing single-family dwelling. Staff Recommendation Adopt Resolution PZ2025-07 approving a Conditional Use Permit to operate a Lodge and Guide Service in a single-family dwelling. Applicant: Tower Rock Lodge, LLC – Joseph Chambers Legal Description: Lot 14-A, Block 1, Anglers Acres Sub Beaver Creek Replat Property Address: 1235 Angler Drive KPB Parcel No.: 04939058 Lot Size: 88905.96 square feet (2.041-acres) Zoning: Rural Residential (RR) Current Use: Single Family Dwelling Land Use Plan: Low Density Residential (LDR) SUMMARY The applicant is requesting to operate the existing single-family dwelling as a Lodge and Guide Service. A Conditional Use Permit (CUP) is required to operate the existing single-family dwelling as a Lodge and Guide Service. Page 106 Resolution No. PZ2025-07 Conditional Use Permit Lodge and Guide Service Page 2 of 5 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 RR Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. The proposed use would not necessarily violate the residential character of the neighborhood as it would function/remain as a single-family dwelling and be seasonally used as a Lodge and Guide Service. Furthermore, the proposed use is not anticipated to generate heavy traffic as the use is limited to the single-family dwelling, and there is adequate parking available. The existing density would remain unchanged since there is no proposed alteration to increase the number of dwelling units. Staff finds that the proposed use meets the intent of the RR zoning district. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Findings: The proposed use is similar to other properties on Angler Drive, where there are several Lodges and Guides in operation. The City has not received any complaints involving 1235 Angler Dr. Staff finds the proposed use, similar to the nearby properties, would not have an adverse impact on the neighborhood and adjoining properties. Staff finds the proposed use would not impair the economic and noneconomic value of adjacent properties and neighborhood. Page 107 Resolution No. PZ2025-07 Conditional Use Permit Lodge and Guide Service Page 3 of 5 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 Low Density Residential (LDR) land use classification. The LDR Land Use Classification is defined in the Comprehensive Plan: Low Density Residential because of location or poor site conditions is intended for large-lot single-family low-density residential development. The area will typically be developed with individual on-site water supply and wastewater disposal systems. Streets will typically be constructed to rural street standards (i.e., gravel) and sidewalks will not be typically included in the subdivision design. Rural Residential becomes Low Density Residential to avoid confusion with zoning category. The surrounding uses are a mix of residential and commercial/recreation uses. The proposed use would be compatible with the existing uses and would not require any buffer between surrounding uses since most lots are approximately an acre. Additionally, the applicant states the impact on the area will be minimal giving they have no intent to remove vegetation or heavily modify the natural aesthetics of the property. Furthermore, they intend to plant trees and shrubs to replace cleared spruce beetle infestations, especially along the property lines. They also intend to add privacy fences with revegetation to add privacy for both them and the neighbors. Future plans involve a gravel path to protect the wetlands, and using fill dirt and vegetation conducive to the environment to rebuild barren ground left from the over-clearing by previous owners. As stated by the applicant, the proposed use of a Lodge and Guide Service is consistent and in harmony with several goals in the 2016 Comprehensive Plan, specifically Goals 1, 2, 3 and 8 listed below. 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. Goal 2 – Economic Development is to provide economic development to support the fiscal health of Kenai. Objective ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. Goal 3 – Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-1 Establish siting and design standards so that development is in harmony and scale Page 108 Resolution No. PZ2025-07 Conditional Use Permit Lodge and Guide Service Page 4 of 5 with surrounding uses. Objective LU-3 Review existing zoning and subdivision codes to determine if they address current and future land uses adequately. Goal 8 – Environmental Resources: Protect and enhance the natural resources and environment of the community. Objective ER-2 Development plans should include provisions to avoid or minimize impacts on environmental resources such as the dunes, bluffs and wetlands. Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: City water and sewer is not in the vicinity of the subject property but onsite water and wastewater treatment and disposal systems are in place. The applicants are required to be in compliant with wastewater disposal requirements of Kenai Peninsula Borough Chapter 20.40 and regulatory requirements of the Alaska Department of Environmental Conservation. Angler Drive is a paved road, which is a City-maintained road. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: There is adequate parking and buffer for the proposed use to minimize the impact to the surrounding area. It is not anticipated that the continued use will be harmful to the public safety, health or welfare. As noted by the applicant, the proposed use will not be harmful and the impact on the neighbors would be minimal. It falls into line with other property uses in the area, and their company has been in the fishing and lodging business for over 30 years, with an immaculate record. There is a natural buffer zone around the properties, and they intend to maintain and enhance those zones for a feeling of privacy and seclusion. 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: Staff finds that allowing a Lodge and Guide business in the existing single- family dwelling would not cause any adverse impacts on the surrounding properties. Staff finds that additional specific conditions are not deemed necessary to fulfill the above- mentioned conditions. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use were mailed to property owners within a three hundred-foot (300’) periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. City staff submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use permit request. Page 109 Resolution No. PZ2025-07 Conditional Use Permit Lodge and Guide Service Page 5 of 5 No public comments have been received at the time of this report. STAFF RECOMMENDATION Staff finds that the proposed Conditional Use Permit for a Lodge and Guide Service in the existing single-family dwelling on the property described as Lot 14-A, Block 1 of the Angler Acres Subdivision Beaver Creek Replat meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2025-07 approving the Conditional Use Permit, subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. ATTACHMENTS Aerial Map Application Site Plan Angler Acres Subdivision Beaver Creek Replat Page 110 12 3 5 A n g l e r D r . Le g e n d Ph y s i c a l A d d r e s s e s Tr a n s p o r t a t i o n Mi l e p o s t s Ro a d s Me d i u m C o l l e c t o r Me d i u m V o l u m e - Un m a i n t a i n e d Me d i u m V o l u m e - Ma i n t a i n e d Lo w / S e a s o n a l Le g a l T r a i l Pr i v a t e St a t e H w y Pl a t t e d / P r o p o s e d Pa r c e l s a n d P L S S Pa r c e l s 9" I m a g e r y Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Re d : R e d Gr e e n : G r e e n Bl u e : B l u e 0 30 0 60 0 ft NO T E : E v e r y r e a s o n a b l e e f f o r t h a s b e e n m a d e t o e n s u r e t h e a c c u r a c y o f t h e s e d a t a . H o w e v e r , b y a c c e p t i n g t h i s m a t e r i a l , y o u a g r e e t h a t t h e K e n a i P e n i n s u l a B o r o u g h a s s u m e s n o l i a b i l i t y o f a n y k i n d a r i s i n g f r o m t h e u s e o f t h i s d a t a . T h e da t a a r e p r o v i d e d w i t h o u t w a r r a n t y o f a n y k i n d , e i t h e r e x p r e s s e d o r i m p l i e d , i n c l u d i n g b u t n o t l i m i t e d t o t i m e , m o n e y o r g o o d w i l l a r i s i n g f r o m t h e u s e , o p e r a t i o n o r m o d i f i c a t i o n o f t h e d a t a . I n u s i n g t h e s e d a t a , y o u f u r t h e r a g r e e t o in d e m n i f y , d e f e n d , a n d h o l d h a r m l e s s K e n a i P e n i n s u l a B o r o u g h f o r a n y a n d a l l l i a b i l i t y o f a n y n a t u r e a r i s i n g f r o m t h e l a c k o f a c c u r a c y o r c o r r e c t n e s s o f t h e d a t a , o r u s e o f t h e d a t a . 2/ 5 / 2 0 2 5 1 0 : 3 7 : 3 6 A M Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 February 10, 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 2027 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 To join the meeting from a computer, visit the Zoom meeting link above. If you connect by computer and do not have speakers or a microphone, connect online and then select phone for audio. A box will come up with toll free numbers, the meeting ID, and your participant number. To attend the Zoom meeting by telephone, use the Zoom toll free phone numbers listed above. The hearing procedure for Planning Commission public hearings is as follows: 1) Staff will present a report on the item. 2) The Chair will ask for the 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 must begin by stating his or her name and mailing 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. If participating via Zoom the testifier will need to use the Zoom “raise hand” feature or press *9 by phone to speak. A. CALL TO ORDER B. ROLL CALL Planning Commission Page 122 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.) Motion to approve the consent & regular agendas passed by unanimous vote (7-Yes, 1-Absent). 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. Dawson Slaughter, South Peninsula District *7. Minutes a. January 27, 2025 Planning Commission Meeting Minutes D. UNFINISHED BUSINESS - None 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. Building Setback Encroachment Permit; KPB File 2025-006 Planning Commission Resolution 2025-02 Swan Surveying / Isitt Request: Permits a portion of a 20.1’ x 52.7’ structure to remain approximately 2.4” in the 20’ building setback adjacent to Fritz Street on Lot 5A, Schlereth Subdivision Sanders Addition, Plat KN 97-11 Sterling Area Motion to grant the building setback encroachment permit passed by unanimous vote (7-Yes, 1-Absent) 2. Building Setback Encroachment Permit; KPB File 2025-008 Planning Commission Resolution 2025-03 Edge Survey & Design / Presley Request: Permits a portion of a 32.2’ x 43.3’ garage to remain approximately 2’ within the 20’ building setback on Lot 4-C, Block 1, Echo Hills Subdivision No.2, Plat KN 81-142 Kalifornsky Area Motion to grant the building setback encroachment permit passed by unanimous vote (7-Yes, 1-Absent) Page 123 Public Hearing: Legislative Matters - None F. PLAT COMMITTEE REPORT – The plat committee reviewed 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 24, 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. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 / 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 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 124 February 10, 2025 – 6:30 PM Motion Agenda Betty J. Glick Assembly Chambers George A. Navarre Kenai Peninsula Borough Administration Building and Through Jeremy Brantley, Chair Sterling/Funny River Term Expires 2027 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 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 Remote participation will be available through Zoom, or other audio or video means, wherever technically feasible. To join the meeting from a computer, visit the Zoom meeting link above. If you connect by computer and do not have speakers or a microphone, connect online and then select phone for audio. A box will come up with toll free numbers, the meeting ID, and your participant number. To attend the Zoom meeting by telephone, use the Zoom toll free phone numbers listed above. The hearing procedure for Planning Commission public hearings is as follows: 1) Staff will present a report on the item. 2) The Chair will ask for the 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 must begin by stating his or her name and mailing 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. If participating via Zoom the testifier will need to use the Zoom “raise hand” feature or press *9 by phone to speak. A. CALL TO ORDER B. ROLL CALL PLAT COMMITTEE MEMBERS: • Pamela Gillham, Kalifornsky/Kasilof District • Paul Whitney, City of Soldotna • Virginia Morgan, Cooper Landing/Hope/Eastern Peninsula District • Franco Venuti, City of Homer Plat Committee Page 125 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 27, 2025 Plat Committee Meeting Minutes *4. Grouped Plats E1. Barber Heights; KPB File 2023-013R1 E2. Sterling Vista Subdivision Roster Replat; KPB File 2025-005 E3. Whiskey Gulch Beach Subdivision; KPB File 2025-007 Motion to approve the consent and regular agendas passed by unanimous vote (4-Yes) D. UNFINISHED BUSINESS - None 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. Barber Heights; KPB File 2023-013R1 Peninsula Surveying / Savage, Barber Location: King Salmon Drive & Strawberry Road City of Kenai Motion to grant preliminary approval passed by unanimous vote (4-Yes) 2. Sterling Vista Subdivision Roster Replat; KPB File 2025-005 Vector Surveying LLC Magnitude & Direction / Roster Location: Cottontree Lane & Bunny Court Sterling Area Motion to grant preliminary approval passed by unanimous vote (4-Yes) Page 126 3. Whiskey Gulch Beach Subdivision; KPB File 2025-007 Edge Survey & Design / Thomas Location: Near MP 152 of Sterling Highway Anchor Point Area / Anchor Point APC Motion to grant preliminary approval passed by unanimous vote (4-Yes) 4. Bayview Subdivision Lighthouse Village Replat; KPB File 2024-131 (Postponed to the 2/24/25 Plat Committee meeting) Seabright Surveying / Doyon Limited, Doyon Tourism Inc. Location: Homer Spit Road & B Street City of Homer 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 24, 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 6:30 p.m. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 / 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. Page 127 Kenai City Council - Regular Meeting Page 1 of 3 February 19, 2025 Kenai City Council - Regular Meeting February 19, 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 C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker) 1. Project Homeless Connect 2025, Executive Director of Love INC Leslie Rohr. 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. 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) 2. ADOPTED UNANIMOUSLY. 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) 3. ADOPTED UNANIMOUSLY. Resolution No. 2025-15 - Authorizing the City Manager to Execute a Lease of Airport Reserve Lands Between the City of Kenai and ENA, Limited Liability Corporation for Lots 5A and 5B, FBO Subdivision No. 10, to be Described as Lot 5C, FBO Subdivision 2024 Addition Upon Approval of Final Plat. (Administration) F. MINUTES 1. *Regular Meeting of February 5, 2025. (City Clerk) G. UNFINISHED BUSINESS Page 128 Kenai City Council - Regular Meeting Page 2 of 3 February 19, 2025 H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - First Extension to the Agreement with Guardian Security Systems, Inc. for Security Guard Services at the Kenai Municipal Airport. (Administration) 3. *Action/Approval - Council Confirmation of Mayoral Nomination of Gina Kuntzman to the Council on Aging Commission. (Gabriel) 4. *Ordinance No. 3451-2025 - Accepting and Appropriating Donations to the Kenai Community Library for Library Materials, Equipment, Furniture, and Programming. (Administration) 5. *Ordinance No. 3452-2025 - Accepting and Appropriating a Polar Bear and Brown Bear Taxidermy Donation from the Warren E Johnson Estate for Display in the Kenai Municipal Airport Terminal. (Administration) 6. *Ordinance No. 3453-2025 - Amending Kenai Municipal Code Chapter 7.15 – Purchases and Sales, Sections 7.15.060 – Procurement of Professional Services and 7.15.070 – Innovative Procurements and Other Exceptions, to Allow Insurance Coverages to be Procured by Direct Negotiation and Authorize Other Procurement Exceptions Subject to City Council Approval by Resolution. (Knackstedt) 7. *Ordinance No. 3454-2025 - Amending Kenai Municipal Code 23.35.032 - Arbitration Panel to Amend the Member Terms from Indefinite Terms to Three-Year Terms. (City Clerk) 8. *Ordinance No. 3455-2025 - Authorizing the Purchase of a Used Ventrac Tractor and Attachments from KNC Golf, Inc., that Deviates from Procurement Procedures Authorized by Kenai Municipal Code Chapter 7.15 Purchases and Sales. (Administration) 9. APPROVED UNANIMOUSLY. Action/Approval - Authorizing the City Manager to Modify the Agreement with the Kenai Peninsula Borough for Accepting Landfill Leachate at the Waste Water Treatment Plant. (Administration) 10. SUPPORTED UNANIMOUSLY. Discussion/Action - Digester Blowers Standardization. (Administration) 11. Discussion - Grants to Other Agencies - Annual Reports. (Douthit) I. COMMISSION REPORTS 1. Council on Aging Commission 2. Airport Commission 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 Page 129 Kenai City Council - Regular Meeting Page 3 of 3 February 19, 2025 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/J1If0VUzTm63fb5URHsT4w Page 130 FEBRUARY 26, 2025 PLANNING & ZONING COMMISSION MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET ACTION ITEM REQUESTED BY Add to Items F.3 & F.4 Resolutions PZ2025-06 & PZ2025-07 • Public Comment Planning Director February 26, 2025 To: Planning and Zoning Commission, City of Kenai From: Jim Richardson Re: Conditional Use Permit Applications PZ2025-06 and PZ2025-07 Chair Joe Halstead and Commission Members: I would like to provide you with my testimony on the two applications for conditional use permits listed above. Background situation: My family and I are 36 year owners and part-year residents at 1015 Angler Drive. During that time, we have seen many changes in the neighborhood. When we bought our property, many of the owners along Angler Drive were residents. There was only one conditional use permit approved at the time, for a property owner to operate a guide business, taking clients out of their property to fish on the Kenai. Clearly, a property owner could operate this type of business without causing problems to their neighbors. This is not what evolved over the years however. The Commission members should in their considerations of these and other conditional use applications take into account the nature of the properties along Angler Drive. The lots are long and narrow, diminishing the buffer for noise and disturbances on one property from having a negative effect on adjacent (and further away) neighbors. The City of Kenai has been deficient in monitoring and enforcing conditional use activities that have been approved, making the effects on neighbors worse than they could be. My property, and my neighbors one lot upstream on Beaver Creek are the most prominent examples of the effects of these disturbances and their effects on our lives. As you know, the current operator, who is not the owner or conditional use permit holder, at 1005 Angler Drive has for years caused excessive noise and has had a huge impact on the "quiet enjoyment" of the adjacent property owners for a considerable distance upstream and downstream. During the summer, they operate what is in effect an outdoor nightclub with up to 30 or even more individuals excessively drinking, shouting, singing with loud music (frequently amplified) in outdoor tents or in the open air (not contained with buildings). None of these activities are covered in the conditional use permit for this property. We have brought this to the attention of the City of Kenai many times and there has been no action to bring the activities at this property in-line with what is contained in their permit. And other activities, that are not allowed in the zoning for this property are ignored. The adjacent property owners upstream and downstream have come to the Planning and Zoning Commission, several City Managers, the City of Kenai Police and the City Attorney, many times, seeking some management of the problem. All of these attempts have had little effect in resolving the problems. I ask that you consider carefully the likely and potential effects of these two conditional use permit applications on the adjacent neighbors and the neighborhood. Application PZ2025-06 in particular appears to be asking to bring in numerous structures for staff serving another location. These are "dry" cabins, presumably without water and sewer. page 1 The number, density and traffic impacts of the activities are not identified, but given the very narrow structure of the lots, the noise, crowding and other disturbances is magnified. The wetlands along this stretch of Angler Drive make septic systems problematic in the best of situations. It is not clear how the personal/bathroom facilities of these housing cabins will work, and what the effects on neighbors, water quality and other issues are undefined. Commission members are probably familiar with the overall decline in Kenai River and Cook Inlet fisheries in general. ADF&G just closed all chinook salmon fisheries and the species has been proposed for protection under the endangered species act. And as you know, coho salmon have also declined to be the lowest levels in many, many years. Those two species were the target for almost all of the guided angler visits to the Kenai through since the sharp decline began more than 10 years ago. Neither ADF&G nor any of the other fisheries agencies has any ideas in when, and if, the recent trends will reverse to allow recovery. So your decisions should be based on current conditions and likely economic viability given the current situations. If you visit Beaver Creek during the summer, you will see very little activity at any of the existing businesses, because the public is well aware of the fisheries resource problems on the river. Several of the business are up for sale and/or not operating. As you know, that has changed, with many conditional use applications approved over the years. And as you know, the diminished fisheries on the Kenai River and elsewhere Our problem has Requested Actions: Comments specific to PZ2025-06: In the 'findings', you state that this zoning is intended to: Separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. and, 2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. I believe that this proposed level of activity is not consistent with these provisions. This is a small, narrow lot and adding not just business activities like a guide operation, but employee housing, will add density, traffic, noise and disturbances of an unacceptable level to the surrounding neighbors. The applicant indicates that the impacts will be "minimal" but this is not realistic, given the increased density and use on this property. Their 30 year history of operations is at another location which does not translate to minimal impacts and disturbances at this location. However, if the Planning and Zoning Commission believes they need to approve these applications, please place conditions on the approval for specific activities, specific limits of page 2 development (i.e. how many "housing units" should be allowed without causing excessive noise, traffic, parking to neighbors, and The Planning and Zoning Commission has typically left water and sewer issues to DEC, however they are not in the business of evaluating violations to water quality and do not have staff to investigate and enforce the state regulations. If P&Z does not consider these impacts on a small lot, there is nobody else to do so. Finally, the Planning and Zoning Commission should recognize that given that this proposal is for staffing in support of a distant business, the City of Kenai will not gain any sales tax from any activity. Comments for both PZ2025-06 and 07 The City of Kenai has limited properties with advantageous characteristics like Angler Drive. I believe it would be advantageous to the City of Kenai to manage the zoning along Angler Drive in a manner that would encourage residential development of year-round homes that will make a vibrant and attractive, coherent, neighborhood. The current direction has resulted in a rundown aggregation of mostly disused commercial operations that developed with little tie to either the neighborhood or the City of Kenai. Look along other sections of the Kenai River, supporting stable, attractive residential development that lead to year-round residents and higher tax values to both the City of Kenai and to the Borough. From a personal perspective, I can tell you that Angler Drive, as allowed to develop by the City of Kenai is not an attractive stable neighborhood. In our case, my wife and I hoped to retire to our property on Angler Drive and rebuild our retirement home on this property.. The unrestrained level of development and the continual noise and disturbances allowed by the City at 1005 and 1025 Angler Drive - that are not even permitted - prevented us from achieving our aspirations. If you do allow these two permits, please stipulate limits (that will be enforced) for: •the levels of traffic and parking •the overall number (square footage) of buildings of all types allowed on the property •a specific number of allowed persons to be living on the property •a requirement for any dock on Beaver Creek to meet the guidelines in the Kenai River Management Plan (i.e. 80 square feet). You can't leave this to State Parks. They have neither the staff nor enforcement capability to monitor and enforce the rules. •achievement of a plan for water and sewer treatments on this property. Again, noting that although ADEC is supposedly responsible for setting regulations, they do not do investigations nor enforcement of their regulations Thank you for the opportunity to comment. We will watch your deliberations with interest. Sincerely: Jim Richardson 1015 Angler Drive Kenai and 1543 E 26th Avenue Anchorage page 3 CERTIFICATE OF PUBLICATION & POSTING I, Beth McDonald, Planning Administrative Assistant of the City of Kenai, do hereby certify that on the 10th day of February, 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 February 14, 2025 edition of their newspaper. On the 20th day of February, 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