HomeMy WebLinkAbout2012-08-22 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
August 22, 2012 - 7 :00 p.m.
Work Session
6 p.m. - 7 p.m. da May continue after the regular
meeting, adjourning no later than 9 p.m.
> Amend KMC 14.20.320 - Definitions
> Comprehensive Plan - Future Land Use
1. CALL TO ORDER:
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences
➢ Commissioner Bryson
➢ Commissioner Peterson
*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.
2. *APPROVAL OF MINUTES:
a. *August 8, 2012
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ12 -25 — An application for a Conditional Use Permit for an assisted living facility for
the property known as Government Lots 27, 28, 29, 32, 33 & portions of Government
Lots 34 and 31 (11823 Kenai Spur Highway). Application submitted by Riverside
Assisted Living, LLC, Robert Nash, P.O. Box 740, Zephyr Cove, Nevada.
6. UNFINISHED BUSINESS:
7. NEW BUSINESS:
a. PZ12-20 — A resolution of the Kenai Planning and Zoning Commission recommending
Kenai City Council amend Kenai Municipal Code Section 14.20.320, "Definitions," to
add definitions for uses listed in KMC 14.22.010, "Land Use Table" and to amend other
existing definitions. Discussion/Set Public Hearing.
Agenda
August 22, 2012
8. PENDING ITEMS:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
12. NEXT MEETING ATTENDANCE NOTIFICATION: September 12, 2012
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
Page 2
CITY OF KENAI
PLANNING & ZONING COMMISSION
AUGUST 8, 2012
7 :00 P.M.
CITY COUNCIL CHAMBERS
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER
Chair Twait called the meeting to order at approximately 7:01 p.m.
1 -a. Pledge of Allegiance
Chair Twait led those assembled in the Pledge of Allegiance.
1 -b. Roll Call
Roll was confirmed as follows:
Commissioners present:
Commissioners absent:
Staff/ Council Liaison present:
A quorum was present.
1 -c. Agenda Approval
MOTION:
Chair J. Twait, K. Peterson, C. Smith, P. Bryson,
J. Rowell, H. Knackstedt, K. Koester
None
City Planner M. Kebschull, Council Member
T. Navarre, Deputy City Clerk C. Hall
Commissioner Knackstedt MOVED to approve the agenda as presented and
Commissioner Peterson SECONDED the motion. There were no objections. SO
ORDERED.
1 -d. Consent Agenda
MOTION:
Commissioner Koester MOVED to approve the consent agenda and Commissioner
Rowell SECONDED the motion. There were no objections. SO ORDERED.
1 -e. *Excused Absences
Approved by consent agenda.
*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.
2. *APPROVAL OF MINUTES:
2 -a. July 25, 2012
2 -b. July, 25, 2012 Work Session Summary (Information Only)
Approved by consent agenda.
3. SCHEDULED PUBLIC COMMENT -- None.
4. CONSIDERATION OF PLATS
4 -a. PZ12 -24 - Preliminary Plat - Fresh Start Subdivision - A subdivision of
Government Lot 111. Plat submitted by Integrity Surveys, 43335 K-
Beach Road, Suite 10, Soldotna, Alaska.
MOTION:
Commissioner Knackstedt MOVED to approve PZ12-24 and Commissioner Rowell
SECONDED the motion.
City Planner Kebschull reviewed the staff report included in the packet, recommending
approval with no contingencies.
Twait read the rules of public hearing and opened the meeting to public comment.
There being no one wishing to speak, the public hearing was closed.
Bryson asked if parking had been evaluated. Kebschull noted there would be no
changes to the size of the building, so there would be sufficient parking.
Knackstedt asked about the availability of water and sewer. Kebschull noted service
lines would need to be run to the new lots.
VOTE: MOTION PASSED UNANIMOUSLY.
5. PUBLIC HEARINGS:
5 -a. PZ12 -19 - A resolution of the Kenai Planning and Zoning Commission
recommending Kenai City Council amend Kenai Municipal Code Section
14.22 "Land Use Table," to make technical corrections by deleting
duplicative references to certain uses (Parking, Printing, and Charitable
Institutions), dividing out uses grouped together so they are separated-
PLANNING AND ZONING COMMISSION MEETING
AUGUST 8, 2012
PAGE 2
listed uses, and adding internal code references.
MOTION:
Commissioner Knackstedt MOVED to approve PZ12 -19 and Commissioner Peterson
SECONDED the motion.
Kebschull reviewed the staff report included in the packet, and explained the changes
being made.
Twait opened the meeting to public hearing. There being on one wishing to speak, the
public hearing was closed.
VOTE: MOTION PASSED UNANIMOUSLY.
5 -b. PZ12 -22 - An application for a Conditional Use Permit for an assisted
living facility for the property known as Tract 37, Killen Estates
Subdivision No. 1 (701 North Forest Drive). Application submitted by
Clint Hall, P.O. Box 2829, Kenai, Alaska.
MOTION:
Commissioner Rowell MOVED to approve PZ12 -22 and Commissioner Smith
SECONDED the motion.
Kebschull reviewed the staff report included in the packet, noting the following
criteria:
1. The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
2. The value of the adjoining property and neighborhood will not be
significantly impaired.
3. The proposed use is in harmony with the Comprehensive Plan.
4. Public services and facilities are adequate to serve the proposed use.
5. The proposed use will not be harmful to the public safety, health or welfare.
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.
Administration recommended approval with the following contingency:
• Facility be licensed by the State of Alaska and managed in compliance
with State licensing requirements.
Twait opened the meeting to public hearing.
PLANNING AND ZONING COMMISSION MEETING
AUGUST 8, 2012
PAGE 3
Clint Hall, Applicant -- Mr. Hall offered to answer any questions the Commission
had.
Peterson asked if the land would be left natural around the perimeter. Hall noted
trees would be left as buffers, but future development could change that.
Bryson asked if the addition would change the footprint. Hall noted the addition
would be very small and not noticeable.
There being no one else wishing to speak, the public hearing was closed.
Twait passed the gavel to Knackstedt. Twait stated he had been contacted by the
applicant in what could be considered an ex parte' communication. Twait stated that
he recommended Mr. Hall contact administration regarding the application and he did
not have a conflict of interest. Knackstedt noted the contact was duly noted and
returned gavel.
VOTE: MOTION PASSED UNANIMOUSLY.
Twait read the rules of the 15 day appeal process.
5 -c. PZ12 -23 - A resolution of the Kenai Planning and Zoning Commission
recommending Kenai City Council amend Section 14.20.230, "Home
Occupations," to clarify that appeals regarding Home Occupation Permits
shall be made in accordance with KMC 14.20.290, "Appeals -Board of
Adjustment," and to make other technical changes to provide uniformity
with the Kenai Zoning Code, KMC Chapter 14.20.
MOTION:
Commissioner Koester MOVED to approve PZ12 -23 and Commissioner Peterson
SECONDED the motion.
Kebschull reviewed the staff report included in the packet, noting the resolution would
make technical corrections, update the language and update the appeal process.
Twait opened the meeting to public hearing. There being on one wishing to speak, the
public hearing was closed.
VOTE: MOTION PASSED UNANIMOUSLY.
6. UNFINISHED BUSINESS -- None.
7. NEW BUSINESS -- None.
8. PENDING ITEMS -- None.
PLANNING AND ZONING COMMISSION MEETING
AUGUST 8, 2012
PAGE 4
9. REPORTS
9 -a. City Council -- Council Member Navarre reviewed the August 1, 2012
City Council meeting.
9 -b. Borough Planning -- No report.
9 -c. Administration -- Kebschull noted upcoming work sessions on
definitions and review of the land use map would be on August 22; the draft plan
would be ready by mid September for a 30 -day public comment period; and, there
would be an Open House on the draft Comprehensive Plan on October 5 at the Senior
Center.
10. PERSONS PRESENT NOT SCHEDULED -- None.
11. INFORMATION ITEMS
11 -a. PZ12 -21 - Landscape /Site Plan - Dena'ina Health & Wellness Clinic, 508
Upland Street, Kenai, Alaska.
12. NEXT MEETING ATTENDANCE NOTIFICATION
12.a. August 22, 2012
Commissioners Peterson and Bryson requested excused absences from the August 22
meeting.
13. COMMISSION COMMENTS & QUESTIONS -- None.
14. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
approximately 7:39 p.m.
Minutes prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
PLANNING AND ZONING COMMISSION MEETING
AUGUST 8, 2012
PAGE 5
STAFF REPORT
54,
To: Planning & Zoning Commission
Date: August 3, 2012
Res: PZ12 -25
GENERAL INFORMATION
Applicant:
Robert Nash
Riverside Assisted Living, LLC
P.O. Box 740
Zephyr Cove, NV 89448
208 -861 -4966
Requested Action:
Legal Description:
Street Address:
KPB Parcel No:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Conditional Use Permit — Assisted Living Facility
Government Lots 27, 28, 29, 32, 33 & portions of
Government Lots 34 & 31
11823 Kenai Spur Highway
04702017, 04702199, and 04702011
CG — General Commercial and RS — Suburban Residential
Mobile Home Park
Neighborhood Commercial/Neighborhood Residential
General Information:
The applicant is proposing to build an assisted living facility. The proposed facility is
approximately 29,000 square feet with 50 rooms. The zoning code defines an assisted
living facility as, "a living arrangement in which people with special needs, especially
seniors with disabilities, reside in a facility that provides help with everyday tasks such as
bathing, dressing, and taking medication." The majority of this property is located in the
General Commercial zone. Government Lot 34 is zoned Suburban Residential. Assisted
living facilities are listed in the Land Use Table and require a Conditional Use Permit in
all zones. In addition to obtaining a Conditional Use Permit, the facility must be licensed
by the State of Alaska.
The applicant has a signed purchase agreement to purchase the properties for this
development. This site provides approximately 6 acres for the development of the
facility. This is the current location of Anchor Trailer Park, a mobile home park. As part
PZ12 -25 Comments
Page 2
of this development, the tenants will be relocated. Due to the relocation, it is anticipated
that construction will begin in the spring of 2013.
KMC 14.20.150 details the intent and application process for conditional uses. The code
also specifies the review criteria that must be satisfied prior to issuing the permit. The
criteria are:
• The use is consistent with the purpose of this chapter and the purposes and intent
of the zoning district.
o Staff finds the proposed development meets this standard.
This majority of this property is located in the General Commercial zone. The
General Commercial Zone is established to provide for areas where a broad
range of retail, wholesale, and service establishments is desirable. Uses are
regulated to concentrate commercial development to the greatest extent
possible and to prevent any uses which would have an adverse effect upon
nearby properties. New single and two-family residential uses and other
noncommercial uses, except as otherwise provided in this chapter, are not
permitted in this zone as principal uses because it is intended that land
classified in this zone be reserved for commercial purposes, and because a
commercial zone is not suited to the uses excluded above.
A portion of the property is located in the Suburban Residential zone. The
Suburban Residential zone is intended to provide for medium density
residential development in areas which will be provided with common utility
systems. The zone is intended to separate residential structures to an extent
which will allow for adequate light, air, and privacy to prohibit uses which
violate the residential character of the environment and generate heavy traffic
in predominantly residential areas.
The applicant proposes to build and operate an assisted living facility. The
access to the properly will be directly off Kenai Spur Highway and the traffic
impact to the area should be minimal. The facility will be staffed by 25 -35
staff members but this number could change and will depend on the number of
residents and State of Alaska requirements. The development fronts on the
Kenai Spur Highway and South Spruce Street. Adjoining developments
include the City of Kenai baseball fields and two churches. The development
will be landscaped to provide separation from adjoining properties. The
facility is considered a commercial use under the building and fire codes and
will be constructed to current building and fire standards. Assisted living
provides long -term care in an institutional setting. The use appears consistent
with the intent of the zone(s).
• The value of the adjoining property and neighborhood will not be significantly
impaired.
PZ12 -25 Comments
Page 3
o Staff finds the proposed development meets this standard.
The proposed development must meet commercial building and fire codes. A
landscaping /site plan must be submitted and approved. Site plans are
required to provide for orderly and safe development. Landscaping will
provide attractive and functional separation and screening between uses. The
proposed development site is large enough to provide sufficient separation
from adjoining developments.
This property is located off the Kenai Spur Highway and South Spruce Street.
Several institutional uses are located in the area including the City's baseball
facility, two churches, the Kenai Peninsula Community Care Center, the
LeeShore Center, and at the end of South Spruce, the City's wastewater
treatment plant. The impact of the development should be minimal to the
area.
The development will upgrade the property and will not impair the value of
the adjoining neighborhood.
• The proposed use is in harmony with the Comprehensive Plan.
o Staff finds the proposed development meets this standard.
The property is designated in the 2003 Comprehensive Plan as Neighborhood
Commercial and Neighborhood Residential.
The 2003 Comprehensive Plan defines the Neighborhood Commercial district
as applicable to areas along the arterial road system that are suitable for
small -scale neighborhood - serving retail, service, and office uses.
The Plan identifies the Neighborhood Residential as consisting of single -
family and multi family residential areas that are urban or suburban in
character. Typically, public water and sewer services are in place or planned
for installation. This land use district may include both single-family and
multi family dwellings subject to reasonable density transitions and/or design
compatibility. Formal public outdoor spaces (parks) are a critical feature in
this district. Small home -based businesses may be accommodated within
certain design guidelines. Neighborhood institutional uses such as churches,
schools, and day care facilities may be intermixed if they comply with
neighborhood design guidelines.
The proposed assisted living facility is located along an arterial road, is a
commercial facility, and will blend with existing institutional uses in the area.
PZ12 -25 Comments
Page 4
• Public services and facilities are adequate to serve the proposed use.
o Staff finds the proposed development meets this standard.
City water and sewer are available to serve the development. The Kenai Spur
Highway and South Spruce Street are paved streets. The State maintains the
Kenai Spur Highway and the City maintains South Spruce Street.
• The proposed use will not be harmful to the public safety, health or welfare.
o Staff finds the proposed development meets this standard.
The development will be constructed to meet building and fire codes. Access
will be built to provide adequate access for public safety vehicles.
• 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.
o Facility be licensed by the State of Alaska and managed in compliance with
State licensing requirements.
RECOMMENDATIONS
Based on the application and a review of the criteria required to approve the permit, it
appears the application meets the intent of the zone and complies with the
Comprehensive Plan. Prior to construction, the development will require replatting to
remove lot lines to create one large parcel. When the plat is submitted for the City's
review and recommendation, the recommendation will be to rezone the area zoned
Suburban Residential to General Commercial to remove what would become a split -zone.
Recommend approval with the following requirement:
1. Facility be licensed by the State of Alaska and managed in compliance with
State licensing requirements.
ATTACHMENTS:
1. Resolution No. PZ12 -25
2. Application
3. Drawings
the (#0/
KENAI, ALASKA
'Village milk a Past, a with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014
www.ci.kenai.ak.us
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ12 -25
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO:
NAME: Riverside Assisted Living,_ LLC
USE: Assisted Living Facility
LOCATED: 11823 Kenai Spur Highway — Government Lots 27, 28, 29, 32, 33 & portions of
Government Lots 34 & 31
(Street Address /Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: 04702017, 04702199, and 04702011
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.150 has been submitted and received
on: August 1, 2012
2. This request is on land zoned: CG — General Commercial and RS — Suburban Residential
3. That the applicant has demonstrated with plans and other documents that they can and will meet the
following specific requirements and conditions in addition to existing requirements:
a. Facility be licensed by the State of Alaska and managed in compliance with State
licensing requirements.
4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on:
August 22, 2012.
5. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED
ASSISTED LIVING FACILITY MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION
AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL
TO ISSUE THE APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, AUGUST 22, 2012.
CHAIRPERSON: ATTEST:
PZ12 -25 - Conditional Use Permit
Assisted Living Facility
the tityof/
KENAI, ALASKA
"Village with a Past, C with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 WV
Telephone: 907 -283 -7535 / Fax: 907 - 283 -3014 11111,
www.ci.kenai.ak.us
799?
f/
APPLICATION FOR
CONDITIONAL USE PERMIT
KMC 14.20.150
AuG 1 2012
PROPERTY INFORMATION
Property Tax ID #: (
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Site Street Address: t- ZZ> l�r S „--
Current Legal Description:
Conditional Use Requested For: (Describe the project, and use additional sheets if necessary)
Zoning: e r c
DOCUMENTATION
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Acrea D c
Required Attachments:
Completed Application Form
Site Plan/Floor Plan with Square Footage
5125 Fee (plus applicable sales tax)
KPB Tax Compliance (if applicable)
State Business License (if applicable)
AUTHORITY TO APPLY FOR CONDITIONAL USE:
I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I
petition for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. I understand that
payment of the application fee is nonrefundable and is to cover the costs associated with processing this application,
and that it does not assure approval of the conditional use. I also understand that assigned hearing dates are
tentative and may have to be postponed by Planning Department staff of the Planning and Zoning Commission for
administrative reasons. I understand that a site visit may be required to process this application. City of Kenai
personnel are authorized to access the above- referenced property for the purpose of processing this application.
Date:
Signature:
6/18/2012
Representatives must provide written proof of authorization
Page 1 of 4
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Date: qjl h
OWNER
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PETITIONER REPRESENTATIVE (IF ANY)
Name: �,
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Name: ?Auecs tF -/5%.9 Looc.,i u.4
Mailing Address:
Mailing Address: 0 r3�\, ?-9()
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Phone Number:
Phone Number: 2 0 — cc� /- l f 4.6
Fax Number:
Fax Number:
Email:
Email: ry io , .-, .-,--4-. �,
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PROPERTY INFORMATION
Property Tax ID #: (
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Site Street Address: t- ZZ> l�r S „--
Current Legal Description:
Conditional Use Requested For: (Describe the project, and use additional sheets if necessary)
Zoning: e r c
DOCUMENTATION
/6/6/1
Acrea D c
Required Attachments:
Completed Application Form
Site Plan/Floor Plan with Square Footage
5125 Fee (plus applicable sales tax)
KPB Tax Compliance (if applicable)
State Business License (if applicable)
AUTHORITY TO APPLY FOR CONDITIONAL USE:
I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I
petition for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. I understand that
payment of the application fee is nonrefundable and is to cover the costs associated with processing this application,
and that it does not assure approval of the conditional use. I also understand that assigned hearing dates are
tentative and may have to be postponed by Planning Department staff of the Planning and Zoning Commission for
administrative reasons. I understand that a site visit may be required to process this application. City of Kenai
personnel are authorized to access the above- referenced property for the purpose of processing this application.
Date:
Signature:
6/18/2012
Representatives must provide written proof of authorization
Page 1 of 4
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CONDITIONAL USE STANDARD (KMC 14.20.150)
The Planning and Zoning Commission may only approve the conditional use if the commission finds
that all the following six (6) standards are satisfied. Each standard must have a response in as much
detail as it takes to explain how your project satisfies the standard. The burden of proof rests with you.
Feel free to use additional paper if needed.
1. The use is consistent with the purpose of this chapter and the purposes and intent of the
zoning district;
2.The value of the adjoining property and neighborhood will not be significantly impaired;
3.The proposed use is in harmony with the Comprehensive Plan;
4.Public services and facilities are adeq to to serve the proposed use;
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6/18/2012
Page 2 of 4
5.The proposed use will not be harmful to the public safety, health or welfare;
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.
LAND USE
Describe current use of property covered by this application:
72,4\ I--0 2 CO U r V
Surrounding property: (Describe how land adjacent to the property is currently being used)
North: R ,-_) 5 , n -, 5 rs u , c) , --, 5 s .,__.-v.,,,\\
South:
East:
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West:
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6/18/2012
Page 3 of 4
Application for Conditional Use Permit
Questions and Answers
1. The use and the development scheme for the use is in harmony with the intent of the zoning
district in which it is to be located and with any specific standards associated with that
conditional use within the district;
The proposed site is zone for commercial business. Riverside Assisted Living is a for profit
commercial business, which will employ approximately 25 to 35 employees. Examples of some
of the positions will include an executive director, an administrator, an activities director, nurse,
health care providers, many certified nurse's assistants and other care givers, full time cook and
kitchen workers, laundry and housekeeping, maintenance, lawn care etc... Being a commercial
business, we will obtain the proper Business License for the state of Alaska and other local and
city permits and all other licensing needed for an assisted living.
In addition to the hiring of its own 25 to 35 employees, Riverside will contract out and allow
many other "outside businesses" to serve its residents. Examples of the professional services
that residents of Riverside wuld need include Home Health and Hospice Providers, Doctors,
Physical Therapists, Massage Therapists and Beauticians etc...
2. The use is in Harmony with the general standards of this zoning code, the Comprehensive Plan,
and surrounding land uses;
Riverside Assisted Living is a commercial business which is in the business of providing a
"continuum of care" to seniors who want and need those professional services. Being centrally
located, Riverside along with the many other businesses will provide it clients with the best
healthcare options, doctor offices, shopping, dining, recreation and so forth all of which can be
located in the surrounding area.
3. The use shall be so located and arranged on the site to avoid significant noise, glare, odor, or
other nuisances and dangers;
The site plan created provides for its clients a serene and peaceful setting . The site plan shows
the site that no noise, glare, odor or other nuisances or dangers will be present.
4. The development of the use shall not significantly impair the value of the adjoining property;
We feel that the new commercial building that we are building will be a significant upgrade and
increase the value of all of the surrounding properties and provide an economic benefit to Kenai
and the surrounding communities. Thus, we feel that not only will the development not impair
but will significantly improve the values of adjoining property.
5. The size and scale of the use is such that it shall be adequately served by existing public services
and facilities;
The building we are proposing to build is about 29,000 square feet. The public services that are
at the site including city sewer and water are more than adequate. Existing curb cuts on both
the Spruce and the Spur Highway will provide ingress and egress for both fire, residents, guests
and commercial vendors.
6. Granting of the conditional use shall not be harmful to the public safety, health or welfare.
Having done our due diligence and being somewhat familiar with the history of the Anchor
Court Trailer Park as currently constituted, we feel like the current buildings are a safety hazard,
the site of the building and the site itself is unbecoming and that our building, site plan and
proposed commercial use of the property will not only not be harmful to public safety, health
and welfare but would improve it dramatically.
Anchor Park Assisted Living
11823 Kenai Spur Highway
Kenai, Alaska
Conditional Use Permit
Riverside Assisted Living
Mission Statement
"Celebrating Riverside Moments"
Executive Summary (To further elaborate on the proposed Riverside Assisted Living)
Riverside Assisted Living (Riverside) is a full service provider for assisted living clients. Riverside
would consist of approximately 50 rooms and be about 29,000 square feet in size. An Assisted Living
provides a continuum of care to its residents. We use an assessment tool that allows us to evaluate the
current needs of potential residents and then provide an individualized care plan. Levels of care
provided would be levels 1 -5 based on our assessment tool.
Benefits to the Community— Serving the Needs of our Beloved Seniors / Economic Benefit
Serving the Needs of our Beloved Seniors —
Throughout our marketing analysis we have found that there is a rather large demand for an
assisted living facility on the Kenai Peninsula. The city of Kenai had a marketing analysis done several
years ago and even back then research showed that an assisted living would support over 50 people per
month once stabilized (92% occupancy). Our own analysis has also shown that this is the case. We
believe that there are many seniors who have the need for an assisted living but are reluctant to go
based on the limited options they now have on the peninsula as follows:
• Seniors who do not want to go out of their own community to live in one (i.e. seniors move to
anchorage or out of state for care)
• Seniors who do not want to go to a small "mom and pop" assisted living which have limited
amenities
• Seniors who lack the financial wherewithal to live in one.
• Seniors who do not want to live in a nursing home when they only have the level of care that an
assisted living provides.
Having a first rate facility would provide the following:
• A first class facility in seniors own community so they can live in their own community that they
help build and that they love. Stay close to their families that live in the area.
• Our proposed facility would provide first class facility to live in with a top notch experienced
operator.
• The ability to live in a beautiful assisted living that not only provides for a great quality of life,
but a "Continuum of Care" that they really need and should have.
• Receive the proper care they need from a great operator with years of experience which care
could include assistance with their medications, assistance with dressing, assistance with their
meals, memory care, supervision, incontinence (the need for adult diapers), but do not need
nursing home, ect...
• Financial assistance programs are available for people who lack the financial wherewithal to
support themselves in an assisted living when the need is there.
Economic Benefit to the Community —
Riverside Assisted Living is a for profit commercial business, which will employ approximately
25 to 35 employees. Examples of some of the positions will include an executive director, an
administrator, an activities director, nurse, health care providers, many certified nurse's assistants and
other care givers, full time cook and kitchen workers, laundry and housekeeping, maintenance, lawn
care etc... Being a commercial business, we will obtain the proper Business License for the state of
Alaska and other local and city permits and all other licensing needed for an assisted living.
In addition to the hiring of its own 25 to 35 employees, Riverside will contract out and allow
many other "outside businesses" to serve its residents. Examples of the professional services that
residents of Riverside would need include Home Health and Hospice Providers, Doctors, Physical
Therapists, Massage Therapists and Beauticians etc...
In addition, Riverside monthly expenses once stabilized (at 92% occupancy) will be about
1000,000 to 120,000 dollars a month which will be used to purchase food from local stores, supplies,
payroll, healthcare, entertainment, activities, etc..
Total cost including construction costs, furniture, fixtures and equipment, marketing, startup
costs, etc... will be about 5 million dollars.
NOTES;
1) NO FIELD SURVEY HAS BEEN PERFORMED
FOR THIS SITE PLAN.
2) THIS DRAWING 15 A PRELIMINARY SITE PLAN.
IT MAY BE SUBJECT TO CHANGE AS THE
PLANS ARE EDITED OR REVISED.
3) NO DIRECT ACCESS TO STATE OF ALASKA
ROWS ARE PERMITTED WITHOUT CONSENT.
4) PROPERTY MAY BE SUBJECT TO EASEMENTS,
RESERVATIONS, OR COVENANTS A TITLE
REPORT IS REQUIRED TO VERIFY ALL ITEMS
THAT MAY HAVE AN AFFECT ON THIS
PROPERTY.
5) PROPERTY 15 SUBJECT TO THE CITY OF
KENAI ZONING REGULATIONS.
6) REPLATTING OF THE PROPERTY WILL OCCUR
TO REMOVE ALL INTERIOR BOUNDARIES AND
THE ASSOCIATED BUILDING SETBACK UNES.
,SVO£f 3,L 1.,Z LOOS
\ G
•
POft;iTOPH ()JF
OV4, LOT 39
58930'12 'E 123.71'
6CI
L.
\
,frek6EED
PARCEL
SB953'30'E 144.09' *Ar.
GVT. LOTS 27,28,29
32 & 33
PROPERTY INFORMATION.
ZONING: GENERAL COMMERCIAL (NORTH PORTION)
SUBURBAN RESIDENTIAL (SOUTH PORTION)
PROPERTY ADDRESS: 11823 KENAI SPUR HWY.
KENAI, AK 99611
UTILITIES: WATER AND SEWER SERVICES PROVIDED BY
THE CITY
ELECTRIC PROVIDER - HEA
TELEPHONE PROVIDER - ACS
NATURAL GAS PROVIDER - ENSTAR
PARKING SPACES 27 - 10' X 20 PARKING SPACES
10' Bt50. g1BACN
S89'S7'00 "E 304.17'
e1'!T, LOT Z5
8
U
O
sea 00'E 2567r
) .>46'.d u- 325
31T 5
GVT. LOT 34
NORTH 150'
10' BLDG- SE1BACK
N895T00 "W 258.70'
it
NT. LOT 34
/
TN
VICINITY
MAP
1' . 1 MILE
Kenai CHy
30
Limits
29
�I4
itfir
T 1-14 WE PLAN
28
33
4
8
U.S.G.S. 4, (1972)
SITE COVERAGE
SQUARE FEET
BUILDING FOOTPRINT 27,395 S.F.
ON -SITE A.C. PAVING 22,961 S.F.
CONC. WALKS 17.904 S.F.
LANDSCAPE & OPEN SPACE 187,378 S.F.
TOTAL PARCEL SIZE 255,784 S.F.
NOTE: AMOUNTS OF SITE COVERAGE APPROXIMATE.
AS THE PLANS ARE EDITED OR REVISED.
LOT 992-M
MOMEM ESTATE
7•RGENDu++
• -,R10 CONIFEROUS
TREE - DECIDUOUS
UGHT POLE
PERCENTAGE
11X
9%
75
73%
100%
AMOUNTS MAY CHANGE
KENAI ASSISTED LIVING CENTER
SITE PLAN
LOCATED WTHIN GOVERNMENT LOTS 27, 28, 29, 32, 33 &
DEED PARCEL PORTION OF GOVERNMENT LOT 31 AND THE
NORTH 150' OF GOVT. LOT 34
WITHIN THE NE1 /4 NE1 /4 SECTION 6,
T05N, 611W, SEWARD MERIDIAN, CITY OF KENAI,
KENAI RECORDING DISTRICT, KENAI PENINSULA BOROUGH.
ALASKA
CONTAINING 5.872 ACRES
JOB NO: 212136
DNA
OI Au9u'4 2012 S4
SURVEYED: N/A
REID OK: N/A
SCALE 1' . 60'
RI.E: 212136 AS011C
■
\Iher4saf
KENAI, ALASKA.
\y
11A.
"Villa, with a Past, Gi with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -77944
Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 1JJJ
1992
MEMO:
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: August 9, 2012
SUBJECT: PZ12 -20 - A RESOLUTION OF THE KENAI PLANNING AND ZONING
COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND KENAI
MUNICIPAL CODE SECTION 14.20.320, "DEFINITIONS," TO ADD
DEFINITIONS FOR USES LISTED IN KMC 14.22.010, "LAND USE TABLE"
AND TO AMEND OTHER EXISTING DEFINITIONS.
The attached resolution recommends an amendment to KMC 14.20.320, "Definitions." The
amendment would provide definitions for all land uses listed in the Land Use Table. The
recommended changes are the result of the review of the Land Use Table for uses in the
residential zones. During that review, it was discovered that uses that were not defined created
confusion and a variety of interpretations. In anticipation that the Land Use Table will be
amended to include "Commercial Kennel," I have included a definition for "Commercial
Kennel."
Unless the Commission's recommends an alternate schedule, I have set this resolution for public
hearing on September 12th.
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ12 -20
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION
RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE
SECTION 14.20.320, "DEFINITIONS," TO ADD DEFINITIONS FOR USES LISTED IN
KMC 14.22.010, "LAND USE TABLE," AND TO AMEND OTHER EXISTING
DEFINITIONS.
WHEREAS, definitions for the Kenai Zoning Code are listed in KMC 14.20.320; and,
WHEREAS, the definitions listed in KMC 14.20.320 are used to define uses listed in
the Land Use Table, KMC 14.22.010; and,
WHEREAS, KMC 14.20.320 does not provide definitions for all uses listed in the Land
Use Table, KMC 14.22.010; and,
WHEREAS, it is in the City's best interest to define all uses listed in the Land Use
Table, KMC 14.22.010 and to replace the definition of "Boarding House;" and,
WHEREAS, to provide consistency throughout KMC 14.20.320 and to modernize terms
used throughout the Kenai Zoning Code, it is useful to amend existing definitions.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING
COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI,
ALASKA, AMEND KENAI MUNICIPAL CODE as follows:
Section 1. Form: This is a Code ordinance.
Section 2. Amendment of Section 14.20.320 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 14.20.320, Definitions, is hereby amended as follows:
14.20.320 Definitions.
(a) General Interpretation.
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word "person" includes a corporation as well as an individual.
(4) The word "lot" includes the word "plot" or "parcel."
(5) The term "shall" is always mandatory.
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Resolution PZ12 -20
Page 2 of 12
(6) The word "used" or "occupied" as applied to any land or building shall be
construed to include the words "intended," "arranged" or "designed to be
used or occupied."
(b) Specific Definitions.
"Accessory building" means a detached building or structure, the use of which
is appropriate, subordinate, and customarily incidental to that of the main building or
to the main use of the land and which is located on the same lot as the main building
or use. An accessory building shall be considered to be a part of the main building
when joined to the main building by a common wall or when any accessory building
and the main building are connected by a breezeway.
"Accessory use" means a use customarily incidental and subordinate to the
principal use of the land, building, or structure and located on the same lot or parcel
of land.
"Administrative official" means the person charged with the administration
and enforcement of this chapter.
"Agricultural building" means a building or structure used to shelter farm
implements, hay, grain, poultry, livestock, or other farm produce, in which there is no
human habitation and which is not used by the public.
"Agriculture" means the science, art, and business of cultivating soil,
producing crops, and raising livestock; farming.
"Airport" means a location where aircraft such as fixed -wing aircraft,
helicopters, and blimps take off and land. Aircraft may be stored or maintained at an
airport. An airport consists of at least one (1)_ surface such as a runway for a plane to
take off and land, a helipad, or water for takeoffs and landings, and often includes
buildings such as control towers, hangars and terminal buildings.
"Alley" means a public way designed and intended to provide only a secondary
means of access to any property abutting thereon.
"Alterations" means any change, addition, or modification in construction,
location, or use classification.
"Animal boarding" means any building or structure and associated premises
in which animals are fed, housed, and/or exercised for commercial gain.
"Apartment house," see "Dwelling, multiple."
"Area building" means the total of areas taken on a horizontal plane at the
main grade level of the principal building and all accessory buildings, exclusive of
steps.
"Assemblages" means a large gathering of people for an event such as a
concert, fair, or circus.
"Assisted living" means a living arrangement in which people with special
needs, especially seniors with disabilities, reside in a facility that provides help with
everyday tasks such as bathing, dressing, and taking medication.
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Resolution PZ12 -20
Page 3 of 12
"Automobile Sales" means the use of any building or structure and
associated premises for the display and sale of new or used automobiles, panel trucks
or vans, trailers, or recreation vehicles and including any warranty repair work and
other repair service conducted as an accessory use.
"Automobile Service Station" means the use of any building or structure and
associated premises or other space used primarily for the retail sale and dispensing of
motor fuels, tires, batteries, and other small accessories; the installation and servicing
of such lubricants, tires, batteries, and other small accessories; and such other
services which do not customarily or usually require the services of a qualified
automotive mechanic.
"Automobile wrecking" means the dismantling of used motor vehicles or
trailers or the storage or sale of parts from dismantled or partially dismantled,
obsolete, or wrecked vehicles.
"Automotive Repair" means the use of any building or structure and
associated premises on which a business, service, or industry involving the
maintenance, servicing, repair, or painting of vehicles is conducted or rendered.
"Bank" means any establishment or building or structure used for a financial
institution that provides financial services for its clients or members. The term "bank"
includes savings and loan.
"Bed and Breakfast" means a residential, owner- occupied dwelling in which
rooms are rented to paying guests on an overnight basis with no more than one (1)
meal served daily.
[ "BOARDINGHOUSE" MEANS A BUILDING OTHER THAN A HOTEL WHERE
LODGING, WITH OR WITHOUT MEALS, IS PROVIDED FOR COMPENSATION FOR
THREE (3) OR MORE PERSONS, ON OTHER THAN DAY -TO -DAY BASIS AND WHICH
IS NOT OPEN TO TRANSIENT GUESTS.]
"Boarding House" means a dwelling where the principal use is a dwelling by
the owner or keeper and where the owner or keeper provides lodging for three (3) or
more persons who are not members of the owner's or keeper's family and the lodgers
pay compensation to use one or more rooms. The common parts of the building or
structure are maintained by the owner or keeper who may also provide lodgers with
some services, such as meals, laundry, and cleaning. Boarding houses are not motels
or hotels and are not open to transient guests.
"Building" means any structure built for the support, shelter, or enclosure of
persons, animals, or property of any kind.
"Building Code" means the building code and /or other building regulations
applicable in the City.
"Building, existing" means a building erected prior to the adoption of the
ordinance codified in this chapter or one for which a legal building permit has been
issued.
"Building height" means the vertical distance from the "grade," as defined
herein, to the highest point of the roof.
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Resolution PZ12 -20
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"Building, principal or main" means a building or structure in which is
conducted the principal or main use [OF] on the lot [ON] which said building is
situated.
"Business /Consumer Services" means the provision of services to others on a
fee or contract basis, such as advertising and mailing; building maintenance;
employment service; management and consulting services; protective services;
equipment rental and leasing; commercial research; development and testing; photo
finishing; and personal supply services.
"Cabin rentals" means the renting out of one (1) or more individual, detached
dwelling units or buildings to provide overnight sleeping accommodations for a period
of less than thirty (30) consecutive days.
"Cemetery" means any property used to inter the dead in buried graves or in
columbarium, stacked vaults, or similar structures.
"Centerline" means the line which is in the center of a public right -of -way.
"Church" means a building or structure in which persons regularly assemble
for worship, ceremonies, rituals, and education pertaining to a particular system of
beliefs. The term "church" includes a synagogue or temple.
"City" means the City of Kenai, Alaska.
"Clinic" (or outpatient clinic or ambulatory care clinic) means a health care
facility that is primarily devoted to the care of outpatients. Clinics can be privately
operated or publicly managed and funded, and typically cover the primary health care
needs of populations in local communities,_ in contrast to larger hospitals which offer
specialized treatments and admit inpatients for overnight stays.
"College" means an educational institution providing postsecondary (after high
school) education.
"Collector street" means a street located and designed for the primary
purpose of carrying through traffic and of connecting major areas of the City. Unless
otherwise designated by the Commission, collector street shall be defined on the plan
for streets and community facilities in the comprehensive development plan.
"Commercial Recreation" means a recreation facility operated as a business
and open to the public for a fee.
"Commercial Kennel" has the same meaning given in KMC 3.05.010.
"Commission" means the Kenai Planning and Zoning Commission.
"Communication Antenna(s) has the same meaning given in KMC 14.20.255.
"Communication Tower" has the same meaning given in KMC 14.20.255.
"Conditional use" means a use which is permitted under the terms of this
chapter provided that under the specified procedures, the Commission finds that
certain conditions, specified in this chapter are fulfilled. Conditional uses are listed in
the Land Use Table.
"Condominium" means a common interest ownership dwelling in which:
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Resolution PZ12 -20
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(1) Portions of the real estate are designated for separate ownership;
(2) The remainder of the real estate is designated for common ownership
solely by the owners of those portions;
(3) The undivided interests in the common elements are vested in the unit
owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be
treated as two (2) or more family dwellings. For example, a four (4) unit
condominium building would be treated as a four (4) family dwelling.
"Coverage" means that percentage of the total lot area covered by the building
area.
"Crematory /Funeral Home" means building or structure used for preparation
of the deceased for display and /or interment and may also be used for ceremonies
connected with interment. Preparation may include cremation, which is the process
of reducing dead bodies to basic chemical compounds in the form of gases and bone
fragments. This is accomplished through burning —high temperatures, vaporization,
and oxidation.
"Day Care Center" means an establishment where child care is regularly
provided for children for periods of less than 24 hours, including the building housing
the facility and adjoining areas, and where tuition, fees, or other compensation for the
care of the children is charged
"Dormitory" means a building, whether public or private, associated with a
school, college or university and designed, used, and arranged for private sleeping,
studying, and living accommodation for students.
"Dwelling" means a building or any portion thereof designed or used
exclusively for residential occupancy including one (1) family, two (2) family and
multiple- family dwellings, but not including any other building wherein human beings
may be housed.
"Dwelling unit" means one (1) or more rooms and a single kitchen in a
dwelling designed as a unit for occupancy by not more than one (1) family for living or
sleeping purposes.
"Dwelling, one - family" means any detached building containing only one (1)
dwelling unit.
"Dwelling, two- family" means any building containing only two (2) dwelling
units.
"Dwelling, multiple family" means any building containing three (3) or more
dwelling units.
"Elementary School" means any school consisting of grades kindergarten
through grade eight or any combination of grades within this range.
"Essential service" means the erection, construction, alteration, or
maintenance by public utility companies or municipal departments or commissions, of
underground or overhead gas, electrical, steam, or water transmission or distribution
systems, collection, communication, supply, or disposal systems, including poles,
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Resolution PZ12 -20
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wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals,
hydrants, and other similar equipment and accessories in connection therewith. This
definition shall not be interpreted to include public buildings.
"Family" means any number of individuals living together as a single
housekeeping unit in a dwelling unit.
"Farming" means a tract of land cultivated for the purpose of commercial
agricultural production.
"Fence, height" means the vertical distance between the ground directly under
the fence and the highest point of the fence.
"Floor area" means the total of each floor of a building within the surrounding
outer walls but excluding vent shafts and courts.
"Fraternal Organization" means a group of people formally organized for a
common object, purpose, or interest (usually cultural, religious or entertainment) that
conducts regular meetings and has written membership requirements.
"Frontage" means all the property fronting on one side of a street between
intersection streets.
"Gas Manufacturer /Storage" means the surface use of lands used in the
production, the mechanical transformation, or the chemical transformation of
hydrocarbon gas and includes uses for gas conditioning /compressor stations.
"Storage" means surface uses necessary for storage of produced or non - native natural
gas.
"Garage, private" means an accessory building or any portion of a main
building used in connection with residential purposes for the storage of passenger
motor vehicles.
"Garage, public" means any garage other than a private garage, available to
the public, operated for gain, and which is used for storage, repair, rental, greasing,
washing, servicing, adjusting, or equipping of automobiles or other vehicles.
"Governmental Buildings" means a building or structure owned and operated
by any department, commission, or agency of the United States or of a state or
municipality and used to conduct official business of government.
"Grade (ground level)" means the average level of the finished ground at the
center of all walls to a building. In case walls are parallel to and within five (5) feet of a
public sidewalk, the ground level shall be measured at the sidewalk.
"Greenhouse" means a building or structure, usually a glassed or clear plastic
enclosure, used for the cultivation and protection of plants.
"Guest room" means any room in a hotel, dormitory, boarding, or lodging
house used and maintained to provide sleeping accommodations for one (1) or more
persons.
"Guide service" means any activity on any premises used for collecting or
returning persons from recreational trips when remuneration is provided for the
service.
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Resolution PZ12 -20
Page 7 of 12
"Gunsmith" means a person who repairs, modifies, designs, or builds firearms.
"High School" means a secondary school consisting of grades seven through
12 or any appropriate combination of grades within this range and that may include
the establishment of one or two grades beyond the 12th grade.
"Home occupation" means an accessory use [OF A SERVICE CHARACTER
CUSTOMARILY CONDUCTED WITH A] carried out for remuneration by a resident in
the resident's dwelling unit. [DWELLING, BY THE RESIDENTS, WHICH DOES NOT
INVOLVE THE CONDUCT OF TRADE ON THE PREMISES.]
"Hospital" means an institution that provides medical, surgical, or psychiatric
care and treatment for the sick or the injured.
"Hotel" means a building or group of buildings containing more than five (5)
guest rooms used for the purpose of offering public lodging on a day -to -day basis with
or without meals.
"Junkyard" means any space one hundred (100) square feet or more of any lot
or parcel of land used for the storage, keeping, or abandonment of junk or waste
material, including scrap metals or other scrap materials, or for the dismantling,
demolition, or abandonment of automobiles, other vehicles, machinery, or any parts
thereof.
"Library" means a collection of sources, resources, and services, and the
structure in which it is housed; it is organized for use and maintained by a public
body, an institution, or a private individual.
"Loading space" means an off - street space or berth on the same lot with a
building or structure to be used for the temporary parking of commercial vehicles
while loading or unloading merchandise or materials.
"Lodge" means a building or group of buildings containing five (5) or fewer
guest rooms used for the purpose of offering public lodging on a day -to -day basis with
or without meals.
"Lot" means a parcel of land occupied or to be occupied by a principal use and
having frontage on a public street.
"Lot, corner" means a lot situated at the junction of, and bordering on, two (2)
intersecting streets, two (2) platted rights -of -way, two (2) government easements, or
any combination thereof.
"Lot coverage" means that portion of the lot covered by buildings or structures
that require a building permit.
"Lot depth" means the horizontal distance separating the front and rear lot
lines of a lot and at right angles to its width.
"Lot line, front - corner lot" means the shortest street line of a corner lot.
"Lot line, front - interior lot" means a line separating the lot from the street.
"Lot line, rear" means a line that is opposite and most distant from the front
lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than
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Resolution PZ12 -20
Page 8 of 12
ten feet (10') in length, within a lot, parallel to and at the maximum distance from the
front lot line.
"Lot line, side" means any lot boundary line not a front lot line or a rear lot
line.
"Lot width" means the mean horizontal distance separating the side lot lines of
a lot and at right angles to its depth.
" Manufacturing /Fabricating/Assembly" means the mechanical or chemical
transformation of materials or substances into new products including assembling of
components parts, the manufacturing_of products, and the blending of materials such
as lubricating oils, plastics, resins or liquors.
"Manufactured housing" means a dwelling unit that meets Department of
Housing and Urban Development Standards for manufactured housing and is wider
than sixteen feet (16'), has a roof pitch of 4:12 or greater with roofing and siding
common to standard residential construction and is transported to the site and placed
on a permanent foundation.
"Mini- storage facility" means a completely enclosed structure containing
three (3) or more areas or rooms available for lease or rent for the purpose of the
general storage of household goods, vehicles or personal property; where the lessee of
the unit is provided direct access to deposit or store items and where vehicles do not
fill the majority of the allowed storage space.
"Mobile home" means a structure, which is built on a permanent chassis in
accordance with Department of Housing and Urban Development Standards and
designed to be used as a dwelling unit, with or without a permanent foundation when
connected to the required utilities. A mobile home is subject to all regulations applying
thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are
removed and regardless of the nature of the foundation provided.
"Mobile home park" means a site with required improvements and utilities for
the long -term parking of mobile homes which may include services and facilities for
the residents.
"Modular home" means a dwelling constructed in modules or sections at a
place other than the building site, built to conform to Title 4 of the Kenai Municipal
Code, is transported to the site and then assembled and placed on a permanent
foundation.
"Motel" means a group of one (1) or more detached or semi - detached buildings
containing two (2) or more individual dwelling units and /or guest rooms designed for,
or used temporarily by, automobile tourists or transients, with a garage attached or
parking space conveniently located to each unit, including groups designated as auto
courts, motor lodges, or tourist courts.
"Museum" means a building or structure that houses and cares for a collection
of artifacts and other objects of scientific, artistic, or historical importance and makes
them available for public viewing through exhibits that may be permanent or
temporary.
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Resolution PZ12 -20
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"Non- conforming lot" means a lot lawfully existing at the time this chapter
became effective, which by reason of area or dimensions, does not meet the
development requirements for the zone in which it is located.
"Non- conforming structure" means a structure or portion thereof, lawfully
existing at the time this chapter became effective, which by reason of its yards,
coverage, height, or other aspects of design, does not meet the development
requirements of this zone.
"Non- conforming use" means a use of a structure of land, or of a structure
and land in combination, lawfully existing at the time this chapter became effective, or
established on the premises of a previous non - conforming use as specified in this
chapter, which is not in conformity with the uses permitted in the zone in which it
exists.
[ "NURSERY, CHILDREN'S" MEANS ANY HOME OR INSTITUTION USED OR
MAINTAINED TO PROVIDE DAY CARE FOR CHILDREN NOT MORE THAN SEVEN (7)
YEARS OF AGE.]
"Nursing, Convalescent or Rest Home" means a building or structure used as
a residence for people who require constant nursing care and /or have significant
deficiencies with activities of daily living.
"Office" means a room or group of rooms used for conducting the affairs of a
business, profession, service, industry, or government.
"Parking space, private" means any automobile parking space, excluding
garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in
total area.
"Parking space, public" means an area of not less than one hundred eighty
(180) square feet exclusive of drives or aisles giving access thereto in area accessible
from streets and alleys for the storage of passenger motor vehicles operated by
individual drivers.
"Parking, Public Lots" means a parking area available to the public, whether
or not a fee for use is charged.
"Parks" means a tract of land, designated by a public entity for the enjoyment
of the public and generally used for active and passive recreational activities.
"Person" means a natural person, his or her heirs, executors, administrators,
or assigns, and also including firm, partnership, or corporation, [ITS] or their
successors and /or assigns or the agent of any of the aforesaid.
"Personal Services" means establishments engaged in providing services
involving the care of a person or his or her apparel.
"Planned Unit Residential Development" means an alternative method of
development of a residential neighborhood under more flexible conditions than
otherwise required in a specific zoning district.
"Principal use" means the major or predominant use of a lot or parcel of land.
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Resolution PZ12 -20
Page 10 of 12
"Profession" means an occupation or calling requiring the practice of a learned
art through specialized knowledge based on a degree issued by an institution of high
learning, e.g., Doctor of Medicine.
"Property owner" means the owner shown on the latest tax assessment roll.
"Recreation" means leisure activities sometimes requiring equipment and
taking place at prescribed places, sites, parks, or fields. It can include active
recreation, such as structured individual or team activities requiring the use of special
facilities, courses, fields or equipment or passive recreation, such as activities that do
not require prepared facilities such as wildlife and bird viewing, observing and
photographing nature, picnicking, and walking.
"Recreational vehicle" means a vehicular -type unit, primarily designed as
temporary living quarters for recreational camping, or travel use, which either has its
own motor power or is mounted on or drawn by another vehicle. Recreational vehicles
include, but are not limited to travel trailers, camping trailers, truck campers, and
motor homes.
"Recreational vehicle park" means an area established by a conditional use
permit for the parking of two (2) or more recreational vehicles on a temporary basis.
"Restaurant" means an establishment where food and drink is prepared,
served, and consumed primarily within the principal building.
"Retail Business" means establishments engaged in selling goods or
merchandise to the general public for business or personal/ household consumption
and rendering services incidental to the sale of such goods.
"Secondary use (S)" means a use allowed on a lot or parcel of land only if there
is also an allowed principal use on the property.
[ "SERVICE STATION" MEANS ANY BUILDING, STRUCTURE, PREMISES OR
OTHER SPACE USED PRIMARILY FOR THE RETAIL SALE AND DISPENSING OF
MOTOR FUELS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; THE
INSTALLATION AND SERVICING OF SUCH LUBRICANTS, TIRES, BATTERIES, AND
OTHER SMALL ACCESSORIES; AND SUCH OTHER SERVICES WHICH DO NOT
CUSTOMARILY OR USUALLY REQUIRE THE SERVICES OF A QUALIFIED
AUTOMOTIVE MECHANIC.]
"Sign" means any words, letters, parts of letters, figures, numerals, phrases,
sentences, emblems, devices, trade names, or trademarks by which anything is made
known, such as are used to designate an individual, firm, association, corporation,
profession, business, or a commodity or product, which are visible from any public
street or highway and used to attract attention.
"State highway" means a right -of -way classified by the State of Alaska as a
primary or secondary highway.
"Storage yard" means a lot used primarily for the storage of operational
vehicles, construction equipment, construction materials or other tangible materials
and equipment.
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"Street" means a public right -of -way used as a thoroughfare and which is
designed and intended to provide the primary means of access to property abutting
thereon.
"Structure" means that which is built or constructed, an edifice or a building
of any kind, composed of parts joined together in some definite manner.
"Subsurface Extraction of Natural Resources" means removing valuable
minerals or other geological materials from the earth, from an ore body, vein or (coal)
seam. Materials recovered could include gas, oil, base metals, precious metals, iron,
uranium, coal, diamonds, limestone, oil shale, rock salt and potash.
"Surface Extraction of Natural Resources" means removal of material,
usually soil, gravel, or sand for use at another location.
"Taxidermy" means the act of mounting or reproducing dead animals, fish,
and /or birds for display.
"Theater" means a building or structure, or part thereof, devoted to the indoor
exhibition of motion pictures and /or of live dramatic, speaking, musical, or other
presentations.
"Townhouse" means single - family dwelling units constructed in a series or
group of two (2) or more units separated from an adjoining unit by an approved party
wall or walls, extending from the basement of either floor to the roof along the linking
lot line.
"Tree Nursery" means a place where trees /plants are propagated and grown to
usable size.
"Use" means the purpose for which land or a building is arranged, designed, or
intended, or for which either land or a building is or may be occupied or maintained.
"Variance" means the relaxation of the development requirements of this
chapter to provide relief when the literal enforcement would deprive a property owner
of the reasonable use of his real property.
"Warehouse" means a building or structure used for the storage of goods,
wares and merchandise that will be processed, sold or otherwise disposed of off of the
premises.
"Wholesale business" means business conducted primarily for the purpose of
selling wares or merchandise in wholesale lots to retail merchants for resale.
"Yard" means an open, unoccupied space, other than a court, unobstructed
from the ground to the sky, except where specifically provided by this chapter, on the
same lot on which a building is situated.
"Yard, front" means a yard extending across the full width of the lot between
the front lot line of the lot and the nearest exterior wall of the building which is the
nearest to the front lot line.
"Yard, rear" means a yard extending across the full width of the lot between
the most rear main building and the rear lot line.
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"Yard, side" means a yard on each side of a main building and extending from
the front lot line to the rear lot line. The width of the required side yard shall be
measured horizontally from the nearest point of a side lot line to the nearest part of
the main building.
"Zoning change" means the alteration or moving of a zone boundary; the
reclassification of a lot, or parcel of land, from one zone to another; and the change of
any of the regulations contained in this chapter.
"Zoning ordinance or ordinances" means the zoning ordinance of the City of
Kenai and Kenai Municipal Code Chapter 14.
Dated at Kenai, Alaska this day of 2012.
CHAIR:
ATTEST:
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Sponsored by: Planning & Zoning Commission
CITY OF KENAI
ORDINANCE NO. * -2012
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KENAI MUNICIPAL CODE SECTION 14.20.320, "DEFINITIONS," TO
PROVIDE DEFINITIONS FOR USES LISTED IN KMC 14.22.010, "LAND USE TABLE"
AND TO REPLACE THE DEFINITION OF BOARDING HOUSE TO BETTER DEFINE
BOARDING HOUSE IN KMC 14.22.010, "LAND USE TABLE."
WHEREAS, definitions for the Kenai Zoning Code are listed in KMC 14.20.320; and,
WHEREAS, the definitions listed in KMC 14.20.320 are used to define uses listed in
the Land Use Table, KMC 14.22.010; and,
WHEREAS, KMC 14.20.320 does not provide definitions for all uses listed in the Land
Use Table, KMC 14.22.010; and,
WHEREAS, it is in the City's best interest to define all uses listed in the Land Use
Table, KMC 14.22.010 and to replace the definition of "Boarding House;" and,
WHEREAS, to provide consistency throughout KMC 14.20.320 and to modernize terms
used throughout the Kenai Zoning Code, it is useful to amend existing definitions.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: This is a Code ordinance.
Section 2. Amendment of Section 14.20.320 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 14.20.320, Definitions, is hereby amended as follows:
14.20.320 Definitions.
(a) General Interpretation.
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word "person" includes a corporation as well as an individual.
(4) The word "lot" includes the word "plot" or "parcel."
(5) The term "shall" is always mandatory.
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(6) The word "used" or "occupied" as applied to any land or building shall be
construed to include the words "intended," "arranged" or "designed to be
used or occupied."
(b) Specific Definitions.
"Accessory building" means a detached building or structure, the use of which
is appropriate, subordinate, and customarily incidental to that of the main building or
to the main use of the land and which is located on the same lot as the main building
or use. An accessory building shall be considered to be a part of the main building
when joined to the main building by a common wall or when any accessory building
and the main building are connected by a breezeway.
"Accessory use" means a use customarily incidental and subordinate to the
principal use of the land, building, or structure and located on the same lot or parcel
of land.
"Administrative official" means the person charged with the administration
and enforcement of this chapter.
"Agricultural building" means a building or structure used to shelter farm
implements, hay, grain, poultry, livestock, or other farm produce, in which there is no
human habitation and which is not used by the public.
"Agriculture" means the science, art, and business of cultivating soil,
producing crops, and raising livestock; farming.
"Airport" means a location where aircraft such as fixed -wing aircraft,
helicopters, and blimps take off and land. Aircraft may be stored or maintained at an
airport. An airport consists of at least one (1) surface such as a runway for a plane to
take off and land, a helipad, or water for takeoffs and landings, and often includes
buildings such as control towers, hangars and terminal buildings.
"Alley" means a public way designed and intended to provide only a secondary
means of access to any property abutting thereon.
"Alterations" means any change, addition, or modification in construction,
location, or use classification.
"Animal boarding" means any building or structure and associated premises
in which animals are fed, housed, and /or exercised for commercial gain.
"Apartment house," see "Dwelling, multiple."
"Area building" means the total of areas taken on a horizontal plane at the
main grade level of the principal building and all accessory buildings, exclusive of
steps.
"Assemblages" means a large gathering of people for an event such as a
concert, fair, or circus.
"Assisted living" means a living arrangement in which people with special
needs, especially seniors with disabilities, reside in a facility that provides help with
everyday tasks such as bathing, dressing, and taking medication.
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"Automobile Sales" means the use of any building or structure and
associated premises for the display and sale of new or used automobiles, panel trucks
or vans, trailers, or recreation vehicles and including any warranty repair work and
other repair service conducted as an accessory use.
"Automobile Service Station" means the use of any building or structure and
associated premises or other space used primarily for the retail sale and dispensing of
motor fuels, tires, batteries, and other small accessories; the installation and servicing
of such lubricants, tires, batteries, and other small accessories; and such other
services which do not customarily or usually require the services of a qualified
automotive mechanic.
"Automobile wrecking" means the dismantling of used motor vehicles or
trailers or the storage or sale of parts from dismantled or partially dismantled,
obsolete, or wrecked vehicles.
"Automotive Repair" means the use of any building or structure and
associated premises on which a business, service, or industry involving the
maintenance, servicing, repair, or painting of vehicles is conducted or rendered.
"Bank" means any establishment or building or structure used for a financial
institution that provides financial services for its clients or members. The term "bank"
includes savings and loan.
"Bed and Breakfast" means a residential, owner- occupied dwelling in which
rooms are rented to paying guests on an overnight basis with no more than one (1)
meal served daily.
[ "BOARDINGHOUSE" MEANS A BUILDING OTHER THAN A HOTEL WHERE
LODGING, WITH OR WITHOUT MEALS, IS PROVIDED FOR COMPENSATION FOR
THREE (3) OR MORE PERSONS, ON OTHER THAN DAY -TO -DAY BASIS AND WHICH
IS NOT OPEN TO TRANSIENT GUESTS.]
"Boarding House" means a dwelling where the principal use is a dwelling by
the owner or keeper and where the owner or keeper provides lodging for three (3) or
more persons who are not members of the owner's or keeper's family and the lodgers
pay compensation to use one or more rooms. The common parts of the building or
structure are maintained by the owner or keeper who may also provide lodgers with
some services, such as meals, laundry, and cleaning. Boarding houses are not motels
or hotels and are not open to transient guests.
"Building" means any structure built for the support, shelter, or enclosure of
persons, animals, or property of any kind.
"Building Code" means the building code and /or other building regulations
applicable in the City.
"Building, existing" means a building erected prior to the adoption of the
ordinance codified in this chapter or one for which a legal building permit has been
issued.
"Building height" means the vertical distance from the "grade," as defined
herein, to the highest point of the roof.
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"Building, principal or main" means a building or structure in which is
conducted the principal or main use [OF] on the lot [ON] which said building is
situated.
"Business /Consumer Services" means the provision of services to others on a
fee or contract basis, such as advertising and mailing; building maintenance;
employment service; management and consulting services; protective services;
equipment rental and leasing; commercial research; development and testing; photo
finishing; and personal supply services.
"Cabin rentals" means the renting out of one (1) or more individual, detached
dwelling units or buildings to provide overnight sleeping accommodations for a period
of less than thirty (30) consecutive days.
"Cemetery" means any property used to inter the dead in buried graves or in
columbarium, stacked vaults, or similar structures.
"Centerline" means the line which is in the center of a public right -of -way.
"Church" means a building or structure in which persons regularly assemble
for worship, ceremonies, rituals, and education pertaining to a particular system of
beliefs. The term "church" includes a synagogue or temple.
"City" means the City of Kenai, Alaska.
"Clinic" (or outpatient clinic or ambulatory care clinic)_means a health care
facility that is primarily devoted to the care of outpatients. Clinics can be privately
operated or publicly managed and funded, and typically cover the primary health care
needs of populations in local communities, in contrast to larger hospitals which offer
specialized treatments and admit inpatients for overnight stays.
"College" means an educational institution providing postsecondary (after high
school) education.
"Collector street" means a street located and designed for the primary
purpose of carrying through traffic and of connecting major areas of the City. Unless
otherwise designated by the Commission, collector street shall be defined on the plan
for streets and community facilities in the comprehensive development plan.
"Commercial Recreation" means a recreation facility operated as a business
and open to the public for a fee.
"Commercial Kennel" has the same meaning given in KMC 3.05.010.
"Commission" means the Kenai Planning and Zoning Commission.
"Communication Antenna(s) has the same meaning given in KMC 14.20.255.
"Communication Tower" has the same meaning given in KMC 14.20.255.
"Conditional use" means a use which is permitted under the terms of this
chapter provided that under the specified procedures, the Commission finds that
certain conditions, specified in this chapter are fulfilled. Conditional uses are listed in
the Land Use Table.
"Condominium" means a common interest ownership dwelling in which:
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area.
(1) Portions of the real estate are designated for separate ownership;
(2) The remainder of the real estate is designated for common ownership
solely by the owners of those portions;
(3) The undivided interests in the common elements are vested in the unit
owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be
treated as two (2) or more family dwellings. For example, a four (4) unit
condominium building would be treated as a four (4) family dwelling.
"Coverage" means that percentage of the total lot area covered by the building
"Crematory/Funeral Home" means building or structure used for preparation
of the deceased for display and /or interment and may also be used for ceremonies
connected with interment. Preparation may include cremation, which is the process
of reducing dead bodies to basic chemical compounds in the form of gases and bone
fragments. This is accomplished through burning —high temperatures, vaporization,
and oxidation.
"Day Care Center" means an establishment where child care is regularly
provided for children for periods of less than 24 hours, including the building housing
the facility and adjoining areas, and where tuition, fees, or other compensation for the
care of the children is charged
"Dormitory" means a building, whether public or private, associated with a
school, college or university and designed, used, and arranged for private sleeping,
studying, and living accommodation for students.
"Dwelling" means a building or any portion thereof designed or used
exclusively for residential occupancy including one (1) family, two (2) family and
multiple- family dwellings, but not including any other building wherein human beings
may be housed.
"Dwelling unit" means one (1) or more rooms and a single kitchen in a
dwelling designed as a unit for occupancy by not more than one (1) family for living or
sleeping purposes.
"Dwelling, one - family" means any detached building containing only one (1)
dwelling unit.
"Dwelling, two - family" means any building containing only two (2) dwelling
units.
"Dwelling, multiple family" means any building containing three (3) or more
dwelling units.
"Elementary School" means any school consisting of grades kindergarten
through grade eight or any combination of grades within this range.
"Essential service" means the erection, construction, alteration, or
maintenance by public utility companies or municipal departments or commissions, of
underground or overhead gas, electrical, steam, or water transmission or distribution
systems, collection, communication, supply, or disposal systems, including poles,
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wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals,
hydrants, and other similar equipment and accessories in connection therewith. This
definition shall not be interpreted to include public buildings.
"Family" means any number of individuals living together as a single
housekeeping unit in a dwelling unit.
"Farming" means a tract of land cultivated for the purpose of commercial
agricultural production.
"Fence, height" means the vertical distance between the ground directly under
the fence and the highest point of the fence.
"Floor area" means the total of each floor of a building within the surrounding
outer walls but excluding vent shafts and courts.
"Fraternal Organization" means a group of people formally organized for a
common object, purpose, or interest (usually cultural, religious or entertainment) that
conducts regular meetings and has written membership requirements.
"Frontage" means all the property fronting on one side of a street between
intersection streets.
"Gas Manufacturer /Storage" means the surface use of lands used in the
production, the mechanical transformation, or the chemical transformation of
hydrocarbon gas and includes uses for gas conditioning /compressor stations.
"Storage" means surface uses necessary for storage of produced or non - native natural
gas.
"Garage, private" means an accessory building or any portion of a main
building used in connection with residential purposes for the storage of passenger
motor vehicles.
"Garage, public" means any garage other than a private garage, available to
the public, operated for gain, and which is used for storage, repair, rental, greasing,
washing, servicing, adjusting, or equipping of automobiles or other vehicles.
"Governmental Buildings" means a building or structure owned and operated
by any department, commission, or agency of the United States or of a state or
municipality and used to conduct official business of government.
"Grade (ground level)" means the average level of the finished ground at the
center of all walls to a building. In case walls are parallel to and within five (5) feet of a
public sidewalk, the ground level shall be measured at the sidewalk.
"Greenhouse" means a building or structure, usually a glassed or clear plastic
enclosure, used for the cultivation and protection of plants.
"Guest room" means any room in a hotel, dormitory, boarding, or lodging
house used and maintained to provide sleeping accommodations for one (1) or more
persons.
"Guide service" means any activity on any premises used for collecting or
returning persons from recreational trips when remuneration is provided for the
service.
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"Gunsmith" means a person who repairs, modifies, designs, or builds firearms.
"High School" means a secondary school consisting of grades seven through
12 or any appropriate combination of grades within this range and that may include
the establishment of one or two grades beyond the 12th grade.
"Home occupation" means an accessory use [OF A SERVICE CHARACTER
CUSTOMARILY CONDUCTED WITH A] carried out for remuneration by a resident in
the resident's dwelling unit. [DWELLING, BY THE RESIDENTS, WHICH DOES NOT
INVOLVE THE CONDUCT OF TRADE ON THE PREMISES.]
"Hospital" means an institution that provides medical, surgical, or psychiatric
care and treatment for the sick or the injured.
"Hotel" means a building or group of buildings containing more than five (5)
guest rooms used for the purpose of offering public lodging on a day -to -day basis with
or without meals.
"Junkyard" means any space one hundred (100) square feet or more of any lot
or parcel of land used for the storage, keeping, or abandonment of junk or waste
material, including scrap metals or other scrap materials, or for the dismantling,
demolition, or abandonment of automobiles, other vehicles, machinery, or any parts
thereof.
"Library" means a collection of sources, resources, and services, and the
structure in which it is housed; it is organized for use and maintained by a public
body, an institution, or a private individual.
"Loading space" means an off - street space or berth on the same lot with a
building or structure to be used for the temporary parking of commercial vehicles
while loading or unloading merchandise or materials.
"Lodge" means a building or group of buildings containing five (5) or fewer
guest rooms used for the purpose of offering public lodging on a day -to -day basis with
or without meals.
"Lot" means a parcel of land occupied or to be occupied by a principal use and
having frontage on a public street.
"Lot, corner" means a lot situated at the junction of, and bordering on, two (2)
intersecting streets, two (2) platted rights -of -way, two (2) government easements, or
any combination thereof.
"Lot coverage" means that portion of the lot covered by buildings or structures
that require a building permit.
"Lot depth" means the horizontal distance separating the front and rear lot
lines of a lot and at right angles to its width.
"Lot line, front -corner lot" means the shortest street line of a corner lot.
"Lot line, front - interior lot" means a line separating the lot from the street.
"Lot line, rear" means a line that is opposite and most distant from the front
lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than
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ten feet (10') in length, within a lot, parallel to and at the maximum distance from the
front lot line.
"Lot line, side" means any lot boundary line not a front lot line or a rear lot
line.
"Lot width" means the mean horizontal distance separating the side lot lines of
a lot and at right angles to its depth.
" Manufacturing /Fabricating /Assembly" means the mechanical or chemical
transformation of materials or substances into new products including assembling of
components parts, the manufacturing of products, and the blending of materials such
as lubricating oils, plastics, resins or liquors.
"Manufactured housing" means a dwelling unit that meets Department of
Housing and Urban Development Standards for manufactured housing and is wider
than sixteen feet (16'), has a roof pitch of 4:12 or greater with roofing and siding
common to standard residential construction and is transported to the site and placed
on a permanent foundation.
"Mini- storage facility" means a completely enclosed structure containing
three (3) or more areas or rooms available for lease or rent for the purpose of the
general storage of household goods, vehicles or personal property; where the lessee of
the unit is provided direct access to deposit or store items and where vehicles do not
fill the majority of the allowed storage space.
"Mobile home" means a structure, which is built on a permanent chassis in
accordance with Department of Housing and Urban Development Standards and
designed to be used as a dwelling unit, with or without a permanent foundation when
connected to the required utilities. A mobile home is subject to all regulations applying
thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are
removed and regardless of the nature of the foundation provided.
"Mobile home park" means a site with required improvements and utilities for
the long -term parking of mobile homes which may include services and facilities for
the residents.
"Modular home" means a dwelling constructed in modules or sections at a
place other than the building site, built to conform to Title 4 of the Kenai Municipal
Code, is transported to the site and then assembled and placed on a permanent
foundation.
"Motel" means a group of one (1) or more detached or semi - detached buildings
containing two (2) or more individual dwelling units and /or guest rooms designed for,
or used temporarily by, automobile tourists or transients, with a garage attached or
parking space conveniently located to each unit, including groups designated as auto
courts, motor lodges, or tourist courts.
"Museum" means a building or structure that houses and cares for a collection
of artifacts and other objects of scientific, artistic, or historical importance and makes
them available for public viewing through exhibits that may be permanent or
temporary.
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"Non- conforming lot" means a lot lawfully existing at the time this chapter
became effective, which by reason of area or dimensions, does not meet the
development requirements for the zone in which it is located.
"Non- conforming structure" means a structure or portion thereof, lawfully
existing at the time this chapter became effective, which by reason of its yards,
coverage, height, or other aspects of design, does not meet the development
requirements of this zone.
"Non- conforming use" means a use of a structure of land, or of a structure
and land in combination, lawfully existing at the time this chapter became effective, or
established on the premises of a previous non - conforming use as specified in this
chapter, which is not in conformity with the uses permitted in the zone in which it
exists.
[ "NURSERY, CHILDREN'S" MEANS ANY HOME OR INSTITUTION USED OR
MAINTAINED TO PROVIDE DAY CARE FOR CHILDREN NOT MORE THAN SEVEN (7)
YEARS OF AGE.]
"Nursing, Convalescent or Rest Home" means a building or structure used as
a residence for people who require constant nursing care and /or have significant
deficiencies with activities of daily living.
"Office" means a room or group of rooms used for conducting the affairs of a
business, profession, service, industry, or government.
"Parking space, private" means any automobile parking space, excluding
garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in
total area.
"Parking space, public" means an area of not less than one hundred eighty
(180) square feet exclusive of drives or aisles giving access thereto in area accessible
from streets and alleys for the storage of passenger motor vehicles operated by
individual drivers.
"Parking, Public Lots" means a parking area available to the public, whether
or not a fee for use is charged.
"Parks" means a tract of land, designated by a public entity for the enjoyment
of the public and generally used for active and passive recreational activities.
"Person" means a natural person, his or her heirs, executors, administrators,
or assigns, and also including firm, partnership, or corporation, [ITS] or their
successors and /or assigns or the agent of any of the aforesaid.
"Personal Services" means establishments engaged in providing services
involving the care of a person or his or her apparel.
"Planned Unit Residential Development" means an alternative method of
development of a residential neighborhood under more flexible conditions than
otherwise required in a specific zoning district.
"Principal use" means the major or predominant use of a lot or parcel of land.
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"Profession" means an occupation or calling requiring the practice of a learned
art through specialized knowledge based on a degree issued by an institution of high
learning, e.g., Doctor of Medicine.
"Property owner" means the owner shown on the latest tax assessment roll.
"Recreation" means leisure activities sometimes requiring equipment and
taking place at prescribed places, sites, parks, or fields. It can include active
recreation, such as structured individual or team activities requiring the use of special
facilities, courses, fields or equipment or passive recreation, such as activities that do
not require prepared facilities such as wildlife and bird viewing, observing and
photographing nature, picnicking, and walking.
"Recreational vehicle" means a vehicular -type unit, primarily designed as
temporary living quarters for recreational camping, or travel use, which either has its
own motor power or is mounted on or drawn by another vehicle. Recreational vehicles
include, but are not limited to travel trailers, camping trailers, truck campers, and
motor homes.
"Recreational vehicle park" means an area established by a conditional use
permit for the parking of two (2) or more recreational vehicles on a temporary basis.
"Restaurant" means an establishment where food and drink is prepared,
served, and consumed primarily within the principal building.
"Retail Business" means establishments engaged in selling goods or
merchandise to the general public for business or personal/ household consumption
and rendering services incidental to the sale of such goods.
"Secondary use (S)" means a use allowed on a lot or parcel of land only if there
is also an allowed principal use on the property.
[ "SERVICE STATION" MEANS ANY BUILDING, STRUCTURE, PREMISES OR
OTHER SPACE USED PRIMARILY FOR THE RETAIL SALE AND DISPENSING OF
MOTOR FUELS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; THE
INSTALLATION AND SERVICING OF SUCH LUBRICANTS, TIRES, BATTERIES, AND
OTHER SMALL ACCESSORIES; AND SUCH OTHER SERVICES WHICH DO NOT
CUSTOMARILY OR USUALLY REQUIRE THE SERVICES OF A QUALIFIED
AUTOMOTIVE MECHANIC.]
"Sign" means any words, letters, parts of letters, figures, numerals, phrases,
sentences, emblems, devices, trade names, or trademarks by which anything is made
known, such as are used to designate an individual, firm, association, corporation,
profession, business, or a commodity or product, which are visible from any public
street or highway and used to attract attention.
"State highway" means a right -of -way classified by the State of Alaska as a
primary or secondary highway.
"Storage yard" means a lot used primarily for the storage of operational
vehicles, construction equipment, construction materials or other tangible materials
and equipment.
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Ordinance No. * -2012
Page 11 of 12
"Street" means a public right -of -way used as a thoroughfare and which is
designed and intended to provide the primary means of access to property abutting
thereon.
"Structure" means that which is built or constructed, an edifice or a building
of any kind, composed of parts joined together in some definite manner.
"Subsurface Extraction of Natural Resources" means removing valuable
minerals or other geological materials from the earth, from an ore body, vein or (coal)
seam. Materials recovered could include gas, oil, base metals, precious metals, iron,
uranium, coal, diamonds, limestone, oil shale, rock salt and potash.
"Surface Extraction of Natural Resources" means removal of material,
usually soil, gravel, or sand for use at another location.
"Taxidermy" means the act of mounting or reproducing dead animals, fish,
and /or birds for display.
"Theater" means a building or structure, or part thereof, devoted to the indoor
exhibition of motion pictures and /or of live dramatic, speaking, musical, or other
presentations.
"Townhouse" means single- family dwelling units constructed in a series or
group of two (2) or more units separated from an adjoining unit by an approved party
wall or walls, extending from the basement of either floor to the roof along the linking
lot line.
"Tree Nursery" means a place where trees /plants are propagated and grown to
usable size.
"Use" means the purpose for which land or a building is arranged, designed, or
intended, or for which either land or a building is or may be occupied or maintained.
"Variance" means the relaxation of the development requirements of this
chapter to provide relief when the literal enforcement would deprive a property owner
of the reasonable use of his real property.
"Warehouse" means a building or structure used for the storage of goods,
wares and merchandise that will be processed, sold or otherwise disposed of off of the
premises.
"Wholesale business" means business conducted primarily for the purpose of
selling wares or merchandise in wholesale lots to retail merchants for resale.
"Yard" means an open, unoccupied space, other than a court, unobstructed
from the ground to the sky, except where specifically provided by this chapter, on the
same lot on which a building is situated.
"Yard, front" means a yard extending across the full width of the lot between
the front lot line of the lot and the nearest exterior wall of the building which is the
nearest to the front lot line.
"Yard, rear" means a yard extending across the full width of the lot between
the most rear main building and the rear lot line.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. * -2012
Page 12 of 12
"Yard, side" means a yard on each side of a main building and extending from
the front lot line to the rear lot line. The width of the required side yard shall be
measured horizontally from the nearest point of a side lot line to the nearest part of
the main building.
"Zoning change" means the alteration or moving of a zone boundary; the
reclassification of a lot, or parcel of land, from one zone to another; and the change of
any of the regulations contained in this chapter.
"Zoning ordinance or ordinances" means the zoning ordinance of the City of
Kenai and Kenai Municipal Code Chapter 14.
Section 3. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take
effect one month after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of
, 2012.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: , 2012
Adopted: , 2012
Effective: , 2012
New Text Underlined; [DELETED TEXT BRACKETED]
ACTION AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
AUGUST 15, 2012
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
A. CALL TO ORDER
1. Pledge of Allegiance
2, Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment 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 PUBLIC COMMENTS (Public comment limited to ten (10)
minutes per speaker)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
1. Ordinance No. 2645 -2012 -- Increasing Estimated Revenues and
Appropriations by $5,000 in the Senior Citizen Fund for a Donation
Received from Marathon Oil. APPROVED UNANIMOUSLY
2. Resolution No. 2012 -51 -- Designating the State of Alaska, Department
of Environmental Conservation (ADEC) Grant Funds for the Project
Entitled Wastewater Treatment Plant Upgrades -Phase I as the Number
One Local State Funding Priority for Fiscal Year 2014.
APPROVED UNANIMOUSLY
E. MINUTES
1. *Work Session Notes of August 1, 2012
2. *Regular Meeting of August 1, 2012
3. *Special Meeting of August 7, 2012
APPROVED BY CONSENT AGENDA
F. UNFINISHED BUSINESS -- None
G. NEW BUSINESS
1. Action /Approval -- Bills to be Ratified
APPROVED UNANIMOUSLY
2, Action /Approval -- Purchase Orders Exceeding $ 15,000
APPROVED UNANIMOUSLY
3. Discussion -- City Attorney - Recruitment and Transition
4. *Ordinance No. 2646 -2012 -- Increasing Estimated Revenues and
Appropriations by $4,000,000 in Various Capital Improvement Project
Funds for a Citywide Road and Infrastructure Improvement Grant from
the State of Alaska.
INTRODUCED BY CONSENT AGENDA, PUBLIC HEARING SCHEDULED
ON SEPTEMBER 5, 2012.
5. *Ordinance No. 2647 -2012 -- Increasing Estimated Revenues and
Appropriations by $1,500 in the General Fund for an Alaska State
Library Grant for Library Personnel Travel.
INTRODUCED BY CONSENT AGENDA, PUBLIC HEARING SCHEDULED
ON SEPTEMBER 5, 2012.
6. *Ordinance No. 2648 -2012 -- Amending Kenai Municipal Code Section
14.20.230, "Home Occupations," to Clarify that Appeals Regarding Home
Occupation Permits Shall be Made in Accordance with KMC 14.20.290,
"Appeals — Board of Adjustment," and to Make Other Technical Changes
to Provide Uniformity within the Kenai Zoning Code, KMC Chapter 14.20.
INTRODUCED BY CONSENT AGENDA, PUBLIC HEARING SCHEDULED
ON SEPTEMBER 5, 2012.
7. *Ordinance No. 2649 -2012 -- Amending the Kenai Municipal Code,
Chapter 14.22, "Land Use Table," to Make Technical Corrections by
Deleting Duplicative References to Certain Uses (Parking, Printing, and
Charitable Institutions), Dividing Out Uses Grouped Together so They
Are Separately- Listed Uses, and Adding Internal Code References.
INTRODUCED BY CONSENT AGENDA, PUBLIC HEARING SCHEDULED
ON SEPTEMBER 5, 2012.
H. COMMISSION /COMMITTEE REPORTS
1, Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission
7. Beautification Committee
City of Kenai Council Meeting Agenda Page 2 of 3
August 15, 2012
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five
speaker)
2. Council Comments
L. EXECUTIVE SESSION -- None
M. PENDING ITEMS
(5)
minutes per
1. Resolution No. 2012 -47 -- Amending its Comprehensive Schedule of
Rates, Charges, and Fees for Changes to Increase Rents at the Vintage
Pointe Senior Housing Facility.
[Clerk's Note: At its August 1, 2012 meeting, Council postponed Resolution.
No. 2012 -47 to September 5, 2012, allowing administration to propose
alternative methods of increased rents.]
N. ADJOURNMENT 8:20 P.M.
****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review
2. Correspondence from Rita Daubenspeck in Appreciation of the
Daubenspeck Family Park Dedication.
3. Correspondence from the Jordan Family of Palmer, AK Regarding Dip Net
Fishery.
The agenda and supporting documents are posted on the City's website at
wu'r.aci.konai.ak.us . 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 907-283-7535 ext 231.
City of Kenai Council Meeting Agenda Page 3 of 3
August 15, 2012
MEMBERS:
Alice Joanne Collins
Anchor Point / Ninilchik
Term Expires 2013
Mari Anne Gross
Southwest Borough
Term Expires 2014
Harry Lockwood
Ridgeway
Term Expires 2013
Robert Ruffner
Kasilof / Clam Gulch
Term Expires 2015
ALTERNATES:
James (sham
Sterling
Term Expires 2015
Jason Tauriainen
(July Only)
Northwest Borough
Term Expires 2014
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
5:30 p.m. August 13, 2012
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member /Alternate Excused Absences
a. Robert Ruffner, Kasilof / Clam Gulch
3. Minutes
a. July 16, 2012 Plat Committee Minutes
16
D. PUBLIC COMMENT
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
E. SUBDIVISION PLAT PUBLIC HEARINGS
1. Horse Creek Subd. No. 3
KPB File 2012 -093 [Johnson /Deford]
Location: Hope area
2. Fort Raymond Sub Replat No. 3
KPB File 2012 -094 [Cline /City of Seward, KPB]
Location: City of Seward
3. Cooper Sub Haaland Addition
KPB File 2012 -095 [Imhoff /Haaland]
Location: City of Homer
4. Triangle J Subdivision
KPB File 2012 -096 [Integrity /Ferguson]
Location: On Marcus Street in Soldotna
5. Northwood Acres Sub 2012 Addition
KPB File 2012 -097 [Integrity /Ellis]
Location: On Lake Street in Nikiski
6. Ptarmigan Acres No. 5 2012 Replat
KPB File 2012 -101 [Seabright/Wanamaker, Simmons]
Location: On Holoholo Ct. in Homer
K -Bay APC
1
7. Deitz Home Estates No. 11 2012 Replat
KPB File 2012 -102 [Seabright/Bellamy, McCollum]
Location: City of Kachemak
8. Peaceful Acres Lytle Replat
KPB File 2012 -099 [Segesser /Lytle]
Location: On John's Road in Soldotna
9. Coursen Sub Merkes Addn.
KPB File 2012 -104 [Segesser /Merkes]
Location: On Scout Lake Loop in Sterling
10. UBU Landing
KPB File 2012 -105 [SegesserNann]
Location: On Kalifornsky Beach Rd in Soldotna
11. Forest Hills Lookout Watson Addn.
KPB File 2012 -106 [Segesser/Watson]
Location: On Diamond Willow Lane in Soldotna
12. Bavarsky Homestead
KPB File 2012 -107 [Ability /Bavarsky]
Location: On Hubbard Lane in Homer
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, August 27, 2012
in the Assembly Chambers of the George A. Navarre Kenai Peninsula Borough Building, 144
North Binkley, Soldotna, Alaska at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907- 714 -2215 Fax: 907- 714 -2378
Phone: toll free within the Borough 1 -800- 478 -4441, extension 2215
e -mail address: planning borough.kenai.ak.us
web site: www. borough .kenai.ak.us /planningdept
Philip Bryson
Chairman
Kenai City
Term Expires 2013
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2015
Alice Joanne Collins
PC Member
Anchor Point/ Ninilchik
Term Expires 2013
Cindy Ecklund
PC Member
City of Seward
Term Expires 2014
Dr. Rick Foster
Parliamentarian
Homer City
Term Expires 2013
Mari Anne Gross
PC Member
Southwest Borough
Term Expires 2014
Sandra Key Holsten
PC Member
East Peninsula
Term Expires 2013
James Isham
PC Member
Sterling
Term Expires 2015
Harry Lockwood
PC Member
Ridgeway
Term Expires 2013
Blair Martin
Vice Chairman
Kalifornsky Beach
Term Expires 2015
Paul Whitney
PC Member
City of Soldotna
Term Expires 2014
Robert Ruffner
PC Member
Kasilof /Clam Gulch
Term Expires 2015
KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
August 13, 2012 - 7:30 P.M.
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk ( *) are consent agenda items. Consent agenda items are considered
routine and non - controversial by the Planning Commission and will be approved by one motion. There will
be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which
case the item will be removed from the consent agenda and considered in its normal sequence on the
regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing,
please advise the recording secretary before the meeting begins, and she will inform the Chairman of your
wish to comment.
*1. Time Extension Request
a. Bonnie Subdivision (formerly Rogers Sub)
KPB File 2008 -222; Lobdell /Rogers
Location: City of Kenai
b. Grant Fritz Subdivision No. 4
KPB File 2011 -025; Johnson /Fritz
Location: Kasilver Street in Kasilof area
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval
*4. Plats Granted Final Approval (20.04.070)
*5. Plat Amendment Request
a. R.M. Thompson 2012 Addition
KPB File 2012 -035; Integrity /Friendship Mission
Recording No. KN 2012 -19
Location: City of Kenai
*6. Commissioner Excused Absences
a. Philip Bryson, City of Kenai
b. Cindy Ecklund, City of Seward
c. Robert Ruffner, Kasilof / Clam Gulch
*7. Minutes
a. July 16, 2012 Plat Committee Minutes
b. July 16, 2012 Planning Commission Minutes
Jason Tauriainen
PC Member
Northwest Borough
Term Expires 2014
Max J. Best
Planning Director
Mike Navarre
Borough Mayor
D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
1. Reappointments to the Planning Commission
a. Paulette Bokenko- Carluccio, City of Seldovia
b. James Isham, Sterling
c. Blair Martin, Kalifornsky Beach
d. Robert Ruffner, Kasilof / Clam Gulch
2. Appointment to the Planning Commission
a. Paul Whitney, City of Soldotna
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1. Vacate that portion of Mosquito Avenue, lying west of Kalifornsky Beach
Road, a 60 -foot public right -of -way adjacent to Tract 1A & & 2A, dedicated by
Kalbea Subdivision (Plat KN 75 -23), also shown on Kalbea Subdivision No. 2
(Plat KN 84 -32); retaining the 50 -foot public Access Easement adjacent to
Cook Inlet; within Section 31, Township 5 North, Range 11 West, Seward
Meridian, Alaska and within the Kenai Peninsula Borough. KPB File 2012-
098. Note: An existing public beach access, Watsjold Lane to the north
is fully developed and in use nearby. Petitioners: John N. & Gerda A.
Trent of Anchorage, Richard L. & Terry L. Davis, Timothy B. Keener and
Wayne Schultz all of Kenai, Alaska. Location: West on K -Beach Rd in Kenai
2. Resolution 2012 - ; Authorizing the Borough, on Behalf of the South Kenai
Peninsula Hospital Service Area, to Enter into a Lease Agreement for
Pediatric Clinic Space Located in Homer, Alaska, and Authorizing an
Amendment to the Sublease and Operating Agreement with South Peninsula
Hospital, Inc. to Include this Lease
3. Public notice is hereby given that public hearings will be held to name private
roads and to rename existing streets to facilitate the Enhanced 911 Street
Naming and Addressing Methods within the Kenai Peninsula Borough.
Streets under consideration at this meeting are described as follows:
a. Unnamed Private Easement located within HM0980069 Inspiration
Ridge Preserve; T 5S R13W SECTION 36; Seward Meridian, AK;
off of Skyline Dr in the Fritz Creek Community; ESN 202; REASON
FOR NAMING: Provides access to three or more structures;
PROPOSED NAME: Alldredge Rd
b. Unnamed 50' Right -of -way Easement partially located within
HM0750067 Rea -Jay Subdivision; T 5S R 13W SECTION 25
Seward Meridian, AK; off of Skyline Dr in the Fritz Creek Community;
ESN 202; REASON FOR NAMING: Provides access to three or
more structures PROPOSED NAME: Rea Dr
c. Unnamed Road Access Easement shown on HM2005079 Cowgill
Acres No 4; T 6S R12W SECTION 6 SEWARD MERIDIAN, AK; off
of Birch Park Dr in the Fritz Creek community; ESN 202; REASON
FOR NAMING: Provides access to three or more structures
PROPOSED NAME: Kokomo Rd
d. Unnamed 50' Roadway Easement within HM0830082 South 20
Subdivision; T 5S R 12W SECTION 27 SEWARD MERIDIAN, AK;
off of Wilderness Ln in the Fritz Creek Community; ESN 202;
REASON FOR NAMING: Provides access to three or more
structures; PROPOSED NAME: Natural Way
e. Unnamed 50' Private Road Easement within HM0880032 Fritz
Creek Acres No 2; T 5S R 12W SECTION 28 SEWARD MERIDIAN,
AK; off of East End Rd in the Fritz Creek Community; ESN 202;
REASON FOR NAMING: Provides access to three or more
structures; PROPOSED NAME: Acquiesce St
f. Unnamed 20' Right of Way Easement within HM980050 McNeil
Point Subdivision Lot 5 Replat; T 5S R 12W SECTION 23 SEWARD
MERIDIAN, AK; off of McNeil Canyon Rd in the Fritz Creek
Community; ESN 202; REASON FOR NAMING: Provides access to
three or more structures PROPOSED NAME: Agrestic Ln
Unnamed Private Rd within HM2000075 Stanley's Meadow No 18;
T 4S R 11W SECTION 34 SEWARD MERIDIAN, AK; off of Jones Dr
in the Fritz Creek Community; ESN 202; REASON FOR NAMING:
Provides access to three or more structures; PROPOSED NAME:
Affinity Dr
g.
h. Unnamed Private Rd within HM0910064 Buttermilk Meadows
Three; T 5S R 12W SECTION 13 SEWARD MERIDIAN, AK; off of
East End Rd in the Fritz Creek Community; ESN 202; REASON
FOR NAMING: Provides access to three or more structures
PROPOSED NAME: Apricity Rd
Unnamed Private Rd within HM0860090 Canyon View No 2 Lot 4; T
4S R 11W SECTION 26 SEWARD MERIDIAN, AK; off of East End
Rd in the Fox River Community; ESN 202; REASON FOR NAMING:
Provides access to three or more structures; PROPOSED NAME:
Coulibiac Ln
Unnamed Private Rd traveling through ASLS 91 -193, Alaska Stat
DNR Land (18515036), and ASLS 83 -112; T 4S R 11W SECTIONS
13, 14, 23 AND T 4S R 10 W SECTION 18 SEWARD MERIDIAN,
AK; off of Basargin Rd in the Fox River Community; ESN 202;
REASON FOR Naming: officially enter into the MSAG; PROPOSED
NAME: Toboggan Rd
k. Glen Erin Ct within HM0880028 Glen Erin Subdivision originally
named Kelly Ct; renamed by SN 2004 -08; T 6S R 12W SECTION 6
SEWARD MERIDIAN, AK; off of Kaleen St in the Fritz Creek
community; ESN 202; REASON FOR RENAMING: to use the name
on another street; PROPOSED NAME: Cline Ct
Unnamed Private Easement located within HM0880028 Glen Erin
Subdivision; T 6S R 12W SECTION 6 SEWARD MERIDIAN, AK; off
of Kaleen St in the Fritz Creek community; ESN 202; REASON FOR
RENAMING: officially enter into the MSAG; PROPOSED NAME:
Glen Erin Rd
m. Voznesenka Rd within HM0850031 Voznesenka Subdivision; T 4S
R 11W SECTION 36 SEWARD MERIDIAN, AK; off of East End Rd
within the Fox River community; ESN 202; REASON FOR
RENAMING: update suffix to match KPB code requirements;
PROPOSED NAME: Voznesenka Loop
n. Hanging Cir within HM0810032 Skipper's View originally named
Strawberry St; renamed by SN 2003 -10; T06S R13W SECTION 1
SEWARD MERIDIAN, AK; off of Waterman Rd within the Fritz Creek
community; ESN 202; REASON FOR RENAMING: direct extension
of Waterman Rd; PROPOSED NAME: Waterman Rd
o. Langhus Dr within HM0720202 Lind —Urch- Langhus Subdivision; T
05S R 12 W SECTION 13 SEWARD MERIDIAN, AK; off of Wyoh
Way and Wild Haven Rd within the Fritz Creek Community; ESN
202; REASON FOR RENAMING: Jump Street; PROPOSED NAME:
Langhus St N & Langhus St S
P.
q.
Glacier View Rd within HM0770017 Fernwood Subdivision Unit 3 &
HM0800023 C & H Estates; T05S R 12W SECTIONS 6 & 31
SEWARD MERIDIAN, AK; off of Fernwood Dr and Taku Ave within
the Fritz Creek community; ESN 202; REASON FOR RENAMING:
Jump Street; PROPOSED NAME: Glacier View Rd N & Glacier
View Rd S
Taku Ave within HM0760076 Fernwood Subdivision Unit 2 &
HM0800023 C & H Estates originally named Clove Ave; renamed by
SN 2005 -06; T 06S R 12W SECTION 6 SEWARD MERIDIAN, AK;
off of Fernwood Dr and Portlock Dr; ESN 202; REASON FOR
RENAMING: Jump Street PROPOSED NAME: Taku Ave E & Taku
Ave W
r. Saber Ave originally named by HM0690338 Spruce Woods
Subdivision 1969 Addition as Saber St; renamed by SN 2011 -18; T
05S R 12W SECTION 28 SEWARD MERIDIAN, AK; off of Greer Rd
and Yukon St within the Fritz Creek community; ESN 202; REASON
FOR RENAMING: Jump Street; PROPOSED NAME: Saber Ave E
& Saber Ave W
s. Hill St originally named by HM0740012 Wilshire Acres Subdivision
as Westland Dr; renamed by SN 1997 -02; T 05S R 12W SECTIONS
27 & 28 SEWARD MERIDIAN, AK; off of Greer Rd & Chelsey St
within the Fritz Creek community; ESN 202; REASON FOR
RENAMING: Jump Street; PROPOSED NAME: Hill Ave E & Hill
Ave W
t. Upland St within HM0760016 Glacierview Farm & HM0820004
Mountain Glacier Estates Part Three; T 05S R 11W SECTIONS 6 &
7 SEWARD MERIDIAN, AK; off of East End Rd & Mossberry Ave
within the Fritz Creek community; ESN 202; REASON FOR
RENAMING: Jump Street; PROPOSED NAME: Upland St N &
Upland St S
u. Pitzman Ave (East of Diamond Ridge Rd) within HM0750004
Ridgewood Estates Subdivision Unit 1; T 06S R 14W SECTION 12
SEWARD MERIDIAN, AK; off of Diamond Ridge Rd within the
Diamond Ridge community; ESN 202; REASON FOR RENAMING:
Direct extension of Bidarki Dr; PROPOSED NAME: Bidarki Dr
G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) - None
VACATIONS NOT REQUIRING A PUBLIC HEARING
1. Vacate portions of the 10 -foot wide natural gas easements located within
Tract Al of Isaak Son's Subdivision 2011 Addition (Plat KN 2011 -56).
Vacate the southerly portion of the 10 -foot wide natural gas easement near
the easterly boundary of said Tract Al; and vacate the southerly portion of
the 10 -foot wide natural gas easement that presently serves the existing
structure located in the north- center - eastern portion of said Tract Al, also
shown within proposed Lot 2 and Tract A2 of proposed plat Isaak Son's
Subdivision 2012 Addition; within Section 11, Township 4 North, Range 11
West, Seward Meridian, Alaska and within the Kenai Peninsula Borough.
KPB File No. 2012 -100. Note: A 10 -foot utility easement will be granted
on the center of the buried gas service line on proposed plat.
Petitioners: David and Sharon Isaak of Soldotna, Alaska. Location: Off
Jefferson Avenue in Soldotna
SPECIAL CONSIDERATIONS
1. Kasulka Subdivision Lot 4 Bldg. Setback Exception
KPB File 2012 -103 KPB PC Resolution 2012 -35
Petitioners: Phillip J. & Carline R. Miller
Location: On Kenai Lake in Cooper Landing
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 12 preliminary plats
K. OTHER /NEW BUSINESS
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Kenai Planning & Zoning Commission Minutes
-July 11,2012
- July 25, 2012
2. Seward Planning Commission Minutes
- June 5, 2012
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, August
13, 2012 in the Assembly Chambers, Kenai Peninsula Borough George A. Navarre
Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m.
5
ADVISORY PLANNING COMMISSION MEETINGS
Advisory
Commission
Meeting Location
Date
Time
Anchor Point
Anchor Point
Chamber of Commerce
August 21, 2012
September 4, 2012
7:00 p.m.
Cooper Landing
Cooper Landing
Community Hall
September 5, 2012
6:00 p.m.
Hope / Sunrise
Hope
Social Hall
September 6, 2012
7:00 p.m.
The Kachemak Bay and Funny River
Advisory Planning Commissions are inactive at this time.
NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting
date, location, and time with the advisory planning commission chairperson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907 - 714 -2200
Phone: toll free within the Borough 1- 800 - 478 -4441, extension 2215
Fax: 907 - 714 -2378
e -mail address: planninqborouqh.kenai.ak.us
web site: www.borough .kenai.ak.us /planningdect
6