HomeMy WebLinkAboutResolution No. PZ2026-19CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2026-19
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE DEVELOPMENT AND
USE OF ZERO LOT LINE TOWNHOUSES AND A SIX -FAMILY DWELLING IN THE RURAL
RESIDENTIAL ZONING DISTRICT.
PROPERTY OWNER: Gregory Enders
APPLICANT: Carter R. Callahan
PROPERTY ADDRESS: 307 Highbush Lane & 309 Highbush Lane
LEGAL DESCRIPTION: Lots 1 & 2, Enders Subdivision
KENAI PENINSULA BOROUGH PARCEL AUMBER: 04521062 & 04521063
WHEREAS, a complete application meeting the Zquirements of Kenai Municipal Code 14.20.150
was submitted to the City on May 26, 2026; 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 Plant)fng and Zoning Commission conducted a duly advertised
public hearing on June 24, 2026/ following requirements outlined in Kenai Municipal Code
14.20.280 for public hearings anc iotifications.
WHEREAS, the Planning andZoning Commission finds:
1. KMC 14.20.150(d) ) The use is consistent with the purpose of this chapter and the
purposes and int9fit of the zoning district,
Finding& The RR one is intended to provide for low density residential development
in outlying and r ral areas in a form which creates a stable and attractive residential
environment
. a 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,
% (8) 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,
(8) Generate heavy traffic in predominantly residential areas.
Staff finds that the proposed use is consistent with the purpose of this chapter and
the intent of the zoning district. The proposed site plan will have the property
surrounded by a privacy fence and landscaping that preserves the areas rural
Resolution No. PZ2026-19
Page 2 of 5
character and would not change or harm the residential nature of the area.
Highbush Lane is a paved City maintained road that is directly accessed by the
Kenai Spur Highway, a main corridor in the community providing adequate travel
in and out of the neighborhood to limit the generation of increased traffic from a
multi -dwelling lot in a residential area. Using commonly used traffic generation
methods developed by the Institute of Transportation Engineers (ITE) Trip
Generation Manual, the expected increase would be 120 trips per/day, or
approximately five additional vehicles an hour.
2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired, 7
Findings: The lots currently are vacant, raw land. The approval of this conditional use
permit will provide essential housing for current and future Kenai residents as well as
promote development within the City. New development will build equity on a what is
currently an empty lot, thereby positively impacting values of the neighborhood. Staff finds
that the proposed use of townhouses would not negatively impact economic nor
noneconomic value of adjoining properties or 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/(SR) land use classification. The SR Land Use
Classification is defined in the Comprehensive Plan as:
Intended for single-family and multifamily residential uses that are urban or suburban in
character. The area will typicallylbe developed at a higher density, lots that are typically
smaller, and, public water and sewer services are required or planned. Some
developments may be required to construct streets to a paved standard and larger
subdivisions may be requ red to provide sidewalks and public areas. Parks and open
space land uses may be considered appropriate.
The surrounding lots are a mixture of undeveloped land and residential dwellings. The
proposed developme is consistent with current use and intended use of the area.
Townhouses provid for multi -family units that will develop the area at a higher density
and will be serviced by City water and City sewer. Both lots are accessible by Highbush
Lane, a paved City maintained road allowing for adequate, safe, travel to both lots.
As stated by the applicant, the proposed development and use of Townhouses will provide
economic development and support the fiscal health of the community by bringing housing
for new families along with their taxes and utility payments, as well as support growth and
development in the area. The proposed use is consistent with the following goals in the
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 2 — Economic Development is to provide economic development to support the
fiscal health of Kenai.
Objective ED-1
Establish siting and design standards so that development is in harmony and scale
/ with surrounding uses.
Resolution No. PZ2026-19
Page 3 of 5
Goal 3 — Land Use is to develop land use strategies to implement a forward-Ing
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-2
Promote the infill of existing, improved subdivision lots.
Objective LU-10
Encourage creative subdivision design for residential areas.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Findings: Both lots will be serviced by City water and City sewer that is adequate to
serve the proposed use. Trash services are available in the area and the lots are
serviced by Highbush Lane a paved and City maintained road.
5. KMC 14.150(d)(5) The proposed use will!not be harmful to the public safety, health or
welfare; j
Findings: The submitted plans show bdequate parking on site, each unit has an attached
garage and there will be additiona�arking spaces on -site to service for safe, off-street
parking. The development will be closely monitored by the City Building Official to
ensure that the property is constructed to required Code and Safety Standards ensuring
safe housing for future tenants. Staff finds that the proposed use will not be harmful to
public safety, health, or welfare.
6. KMC 14.150(d)(6) Any a`nd all specific conditions deemed necessary by the Commission
to fulfill the above-mgFntioned conditions should be met by the applicant. These may
include, but are not l#inited to, measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the proposed
use.
Findings: Both Townhouses and Zero Lot Line Developments are subject to the following
standards per KMC 14.20.160 and 14.20.161, respectively:
1. The development conforms to the adopted comprehensive plan
� a. See Finding 1 of this report.
2. Public services and facilities are adequate to serve the townhouse/zero lot line
development
r a. See Finding 4 of this report.
,/' 3. Health, safety, and welfare will not be jeopardized as a result of the proposed
development
a. See Finding 5 of this report
4. Standards for townhouse/zero lot line development are satisfied in their
respective section
f ' a. The proposed development has met the applicable processing conditions
/ specified in the conditional use permit section (see above findings).
Resolution No. PZ2026-19
Page 4of5
b. A detailed development plan was submitted and drawn to scale. ,
c. No more than six contiguous townhouses are being built in a row (4 total
per building).
d. Each building is greater than 15' away from other buildinPl'
e. Lot width per townhouse exceeds 24'.
f. The lot area for each townhouse exceeds 2000 square feet
i. Lot coverage meets the requirements of KM,O 14.24
g. Garages are included with each unit.
h. The developer conforms to the Uniform Commo Interest Ownership Act
in Alaska Statute 34.08.
i. Areas not devoted to development are covered with natural or
ornamental vegetative materials including grass, trees, and shrubs.
5. Any and all specific conditions deemed necessary by the Commission to fulfill
the above -mentioned conditions shall be met by the applicant.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNINJG AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That a conditional use permit is granted far the development and use of zero lot line
townhouses and a six -family dwelling on the properties described as Lots 1 & 2,
Enders Subdivision.
i
Section 2. That the conditional use permit is subject to the following conditions:
1. Any development or use of the -property -shall comply with all applicable Federal, State of
Alaska, and City regulations regardless of whether or not the requirements are listed as
conditions for the approval of the, Conditional Use Permit.
2. Upon request, the applicant or applicant's representative shall meet with City staff for an
on -site inspection.
3. If there is an expansionor change of use for the above described property, a new
Conditional Use Permit must be obtained, as stated in KMC 14.20.150(1)(5).
4. The applicant will hav,� a routine fire inspection performed every 2 (two) years.
5. Pursuant to 14.20.1'6,0 all areas not devoted to buildings, drives, walks, parking areas or
other authorized installations will be covered with lawn, grass, natural or ornamental
shrubbery or trees, or other suitable materials approved by the Commission.
6. Property owner and tenants will maintain the premises free from significant accumulations
of junk, garbage, or litter. Adequate trash containment will be acquired either by the
property owner or tenant; If individual garbage containers are utilized, they must be
labeled with the apartment they belong to.
Resolution No. PZ2026-19
Page 5 of 5
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 24T" DAY OF JUNE, 2026
Jeanne Keaton, Chair
ATTEST:
Logan Parks, Deputy City Clerk
STAFF REPORT
�. PLANNING &ZONING DEPARTMENT
KENAI
TO: Planning and Zoning Commission
FROM: Kevin Buettner, Planning Director
THROUGH: Jessica See, Planning Technician
DATE: June 5, 2026
SUBJECT:
Request
Staff
Recommendatior
Property Owner:
Petitioner:
Legal Description:
Property Address:
KPB Parcel No.:
Lot Size:
Zoning:
Current Use:
Land Use Plan:
Resolution PZ2026-19 — Conditional Use Permit — Zero Lot Line
Townhouses & Six -Family Dwelling
The applicant is requesting a�Conditional Use Permit for the
development and use of zer0ot line townhouses and a six -family
dwelling in a Rural Residentiat (RR) Zone.
Adopt Resolution PZ2026"19 approving a Conditional Use Permit for
the development zero lot line townhouses.
Gregory Enders
Carter R. Callahan
Lots 1 & 2, Enders Subdivision
307 Highbush Lane & 309 Highbush Lane
04521063 & 04521062
0.7,6-acres & 0.76-acres
Rural Residential (RR)
Vacant
Suburban Residential (RS)
SUMMARY
The applicant is requesting to develop zero lot line townhomes with a total of six (6) livable ups
on each lot. Pursuant to the Land Use Table in KMC 14.22.010 a Conditional Use Permit (GUP)
is required to develop and operate townhouses and a six -family dwelling in a RR Zone.
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 9: 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 r & served by public water and sewer.
(2) To prohibit uses which would:
(A) Violate the residential chara1pter of the environment,
(B) Generate heavy traffic in predominantly residential areas.
Staff finds that the proposed use is consistent with the purpose of this chapter and the intent
of the zoning district. The proposed site plan will have the property surrounded by a privacy
fence and landscaping that preserves the areas rural character and would not change or harm
the residential nature of the area. Highbush Lane is a paved City maintained road that is
directly accessed by the Kenai Spur Highway, a main corridor in the community providing
adequate travel in and out of the neighborhood to limit the generation of increased traffic from
a multi -dwelling lot in a residential area. Using commonly used traffic generation methods
developed by the Institute of Transportation Engineers (ITE) Trip Generation Manual, the
expected increase would be 120 trips per day, or approximately five additional vehicles an
hour.
Criteria 2: The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired.
Findings: The,lots currently are vacant, raw land. The approval of this conditional use permit
will provide o'ssential housing for current and future Kenai residents as well as promote
developme� t within the City. New development will build equity on a what is currently an empty
lot, therep� positively impacting values of the neighborhood. Staff finds that the proposed use
of townhouses would not negatively impact economic nor noneconomic value of adjoining
properties or neighborhood.
Resolution No. PZ2026-19
Conditional Use Permit
Zero Lot Line Townhouses
Page 2 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 Suburban Residential (SR) land use classification. The SR Land Use
Classification is defined in the Comprehensive Plan as:
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 that are
typically smaller, and, public water and sewer services are required or planned. Some
developments may be required to construct streets to a paved standard and larger
subdivisions may be required to provide sidewalks and public areas. Parks and open
space land uses may be considered appropriate. i
The surrounding lots are a mixture of undeveloped )and and residential dwellings. The
proposed development is consistent with current -use and intended use of the area.
Townhouses provide for multi -family units that will develop the area at a higher density
and will be serviced by City water and City sewer. Both lots are accessible by Highbush
Lane, a paved City maintained road allowing for adequate, safe, travel to both lots.
As stated by the applicant, the proposed development and use of Townhouses will provide
economic development and support the fiscal health of the community by bringing housing
for new families along with their taxes and utility payments, as well as support growth and
development in the area. The proposed use is consistent with the following goals in the
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 2 — Economic Development: provide economic development to support the fiscal
health of Kenai/!1
Objective ED
Promote projects that create workforce development opportunities.
Goal 3 — nand Use is to develop land use strategies to implement a forward -looking
approac Io 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-2
Promote the infill of existing, improved subdivision lots.
Objective LU-10
j Encourage creative subdivision design for residential areas.
Resolution No. PZ2026-19
Conditional Use Permit
Zero Lot Line Townhouses
Page 3 of 5
Criteria 4: Public services and facilities are adequate to serve the proposed use.
Inc z: Both lots will be serviced by City water and City sewer that is adequate to serve
the proposed use. Trash services are available in the area and the lots are serviced by
Highbush Lane a paved and City maintained road.
Criteria 5: The proposed use will not be harmful to the public safety, health or welfare.
Findings: The submitted plans show adequate parking on site, each unit has an attached
garage and there will be additional parking spaces on -site to service for safe, off-street
parking. The development will be closely monitored by the City Building Official to ensure that
the property is constructed to required Code and Safety Standards ensuring safe housing for
future tenants. Staff finds that the proposed use will not be harmful to public safety, health, or
welfare.
Criteria 6: Any and all specific conditions deemed necessary by the Commission to
fulfill the above -mentioned conditions. These may include, but are not limited to,
measures relative to access, screening, site development, building design, operation
of the use and other similar aspects related to the proposed use.
Findings: Both Townhouses and Zero Lot Line Developments are subject to the following
standards per KMC 14.20.160 and 14.20.161, respectively:
1. The development conforms to the adopted comprehensive plan
a. See Finding 1 of this report.
2.-Public services and facilities are adequate to serve the townhouse/zero lot line
development
a. See Finding 4 of this report.
3. Health, safety, and welfare will not be jeopardized as a result of the proposed
development
a. See Finding 5 of this report
4. Standards for townhouse/zero lot line development are satisfied in their
respective sectio,
a. The proposed development has met the applicable processing conditions
specifj d in the conditional use permit section (see above findings).
b. A deiailed development plan was submitted and drawn to scale.
c. No/fnore than six contiguous townhouses are being built in a row (4 total
por building).
d. Each building is greater than 15' away from other buildings.
e. Lot width per townhouse exceeds 24'.
f. The lot area for each townhouse exceeds 2000 square feet
i. Lot coverage meets the requirements of KMC 14.24
g. Garages are included with each unit.
h. The developer conforms to the Uniform Common Interest Ownership Act
in Alaska Statute 34.08.
i. Areas not devoted to development are covered with natural or
ornamental vegetative materials including grass, trees, and shrubs.
5. Any and all specific conditions deemed necessary by the Commission to fulfill
the above -mentioned conditions shall be met by the applicant.
i
Resolution No. PZ2026-19
Conditional Use Permit
Zero Lot Line Townhouses
Page 4 of 5
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') peripheryyof 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 hformation on the
public .hearing for the conditional use permit request.
One public comment has been received at the time of this report and is included in this packet.
STAFF RECOMMENDATION
Staff finds that the proposed Conditional Use Permit for the use and development of zero lot line
townhouses and a six -family dwelling on the properties described as Lots 1 & 2, Enders
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 14.20.150, and hereby recommends that the
Planning and Zoning Commission adopt Resolution PZ2026-19 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.
3. If there is an expansion or change of use for the above described property, a new
Conditional Use Permit must -be obtained, as stated in KMC 14.20.150(I)(5).
4. The applicant will have a 'routine fire inspection performed every 2 (two) years.
5. Pursuant to 14.20.16,0 all areas not devoted to buildings, drives, walks, parking areas or
other authorized installations will be covered with lawn, grass, natural or ornamental
shrubbery or trees;/or other suitable materials approved by the Commission.
6. Property owney'and tenants will maintain the premises free from significant accumulations
of junk, garbage, or litter. Adequate trash containment will be acquired either by the
property owner or tenant; If individual garbage containers are utilized, they must be
labeled with the apartment they belong to.
ATTACHMENTS
Aerial Map
Application
Plat
Site AIan
Floe'"r Plan
P lic Comment
Resolution No. PZ2026-19
Conditional Use Permit
Zero Lot Line Townhouses
Page 5 of 5