HomeMy WebLinkAbout2015-08-26 Planning & Zoning Packet
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
AUGUST 26, 2015 - 7:00 P.M.
1. CALL TO ORDER:
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences
*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 12, 2015 ................................................................................................ 1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS:
6. PUBLIC HEARINGS:
a. PZ15-23 – Reconsideration of Application to Rezone 207 Evergreen Street &
12848 Kenai Spur Highway from Rural Residential (RR) to General Commercial
(CG). Application submitted by City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska.
............................................................................................................................. 5
b. PZ15-24 – An application for a Conditional Use Permit for an Assisted Living
Facility for the property known as Tract 36, Killen Estates Addition No. 1 (to be
known as Tract 36A, Killen Estates 2014 Replat when plat is recorded), 707 N.
Forest Drive. Application submitted by Clint Hall, P.O. Box 2829, Kenai, Alaska.
........................................................................................................................... 22
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS: None
9. PENDING ITEMS: None
10. REPORTS:
a. City Council ....................................................................................................... 36
b. Borough Planning ............................................................................................ 39
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS: None
13. NEXT MEETING ATTENDANCE NOTIFICATION: Sept. 9, 2015
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
AUGUST 12, 2015 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1.CALL TO ORDER:
Commissioner Twait called the meeting to order at 7:02 p.m.
a.Pledge of Allegiance
Twait led those assembled in the Pledge of Allegiance.
b.Roll Call
Commissioners present: G. Pettey, D. Fikes, R. Springer, J. Twait, J. Glendening
Staff/Council Liaison present: City Planner M. Kelley, Deputy Clerk J. Heinz, Council Liaison H.
Knackstedt
A quorum was present.
c. *Excused Absences – K. Peterson, J. Focose
d.Agenda Approval
MOTION:
Commissioner Pettey MOVED to approve the agenda; Commissioner Fikes SECONDED the
motion. There were no objections; SO ORDERED.
e.Consent Agenda
MOTION:
Commissioner Springer MOVED to approve the consent agenda and Commissioner Fikes
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion
of these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
2.*APPROVAL OF MINUTES: July 8, 2015
Approved by the consent agenda.
3.SCHEDULED PUBLIC COMMENT: (10 Minutes) – None.
1
4.PERSONS PRESENT NOT SCHEDULED: (3 Minutes) – None.
5.CONSIDERATION OF PLATS:
a.PZ15-22 – Preliminary Original Plat Valhalla Heights Frisk Replat, submitted by
Segesser Surveys, 30485 Rosland St., Soldotna, AK 99669
City Planner Kelley reviewed his staff report recommending approval of the plat with the
following conditions:
•Applicants must comply with all Federal, State and local regulations.
•Applicants must obtain a building permit prior to beginning construction of the greenhouse.
•The Plat of Valhalla Heights Frisk Replat must be recorded prior to the issuance of a
building permit to construct the greenhouse.
MOTION:
Commissioner Fikes MOVED to approve Resolution No. PZ15-22 and Commissioner Pettey
SECONDED the motion.
Chairman Twait opened the public hearing; there being no one wishing to speak, the public
hearing was closed.
VOTE:
YEA: Pettey, Fikes, Springer, Twait
NAY:
ABSTAIN: Glendening
[Clerk’s Note: Glendening abstained because, as a member of the Borough’s Planning
Commission, he would be voting on this matter at the Borough level.]
MOTION PASSED.
6.PUBLIC HEARINGS:
a.PZ15-23 – Application to Rezone 207 Evergreen Street & 12848 Kenai Spur
Highway from Rural Residential (RR) to General Commercial (CG). Application
submitted by City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska
City Planner Kelley reviewed his staff report recommending approval of the plat with the
following conditions:
•Applicants must comply with all Federal, State and local regulations.
MOTION:
Commissioner Glendening MOVED to approve Resolution No. PZ15-23 and Commissioner
Fikes SECONDED the motion.
Chairman Twait opened the public hearing.
2
Richard Lewin spoke against rezoning the property pointing out that commercial businesses are
typically noisy. He also explained that many people walk on the neighborhood street and the
commercial business would increase traffic which would deter walkers.
Dan Sturchie spoke against the rezone pointing out that the plans to build a steel building will
not be desirable for the neighborhood; encouraged donating another lot.
Mayor Porter explained that the manager has been tasked with developing conditions for the
contract associated with the donation which would be approved by Council in the future. She
also pointed out that the planning department would have to approve or not approve a
development plan in the future.
There being no one else wishing to speak, the public hearing was closed.
During discussion, administration clarified that a theater use is allowed by Conditional Use in the
Rural Residential zone. It was also clarified that terms of the grant, obtained by Kenai
Performers, required the property be zoned such that special exceptions for the use didn’t have
to be applied for.
VOTE:
YEA: Pettey, Fikes,
NAY: Springer, Twait, Glendening
MOTION FAILED .
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Knackstedt explained that the City of Soldotna had recently held a
meeting regarding the legalization of marijuana and was in the beginning stages of
discussing impacts; he also reviewed the action agenda of the August 5, 2015 council
meeting which was provided in the packet.
b. Borough Planning – Glendening explained he had been excused from the meeting, but
pointed out that the minutes from the August 10, 2015 borough planning meeting were
provided in the packet.
c. Administration – Kelley reported that he was working on the following matters:
• Regulation of marijuana.
• Junk car ordinance.
• Airport rezone.
11. PERSONS PRESENT NOT SCHEDULED:
3
Janice Houtz spoke against allowing marijuana to be legal in the City of Kenai. She pointed out
that Soldotna is making positive progress, encouraged the Planning and Zoning Commission to
work toward positive changes.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: August 26, 2015
COMMISSION COMMENTS & QUESTIONS:
Glendening pointed out that members of the audience could join commissions or participate in
discussions in several ways; including the Mayor’s coffee.
Pettey thanked the community for being present and commenting.
Springer explained that Council tasked the Planning and Zoning Commission to provide
guidance regarding zoning options for legalizing marijuana and that Council is ultimately
responsible for adopting legislation.
Fikes pointed out some of the positive changes Kenai has been making such as identifying a
park where a stage could be built and offering grants to businesses to refurbish their properties.
She also said it was unfortunate that the rezone of the property on Evergreen didn’t pass for the
performers as that would have been another positive change.
14. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
7:54 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy City Clerk
4
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Pursuant to KMC 1.15.060(g), any member who voted on the prevailing side may move a
project for reconsideration. Pursuant to KMC 1.15.060(h), “A motion to reconsider requires four
(4) votes; if such motion thus prevails, the subject shall be open to debate and amendment in
the same manner as the original question.”
Thus, pursuant to the above, Commissioner Glendenning has requested that the subject
application be moved for reconsideration by the Planning and Zoning Commission.
Thank you for your consideration.
6
STAFF REPORT
To: Planning & Zoning Commission
Date: August 12, 2015 Res: PZ15-23
GENERAL INFORMATION
Applicant: City of Kenai
201 Fidalgo Avenue
Kenai, AK 99611
Requested Action: Rezone – Rural Residential (RR) to General Commercial
(CG)
Legal Description: Tracts A-1 and A-2, Evergreen Tract A Resub.
Street Address: 207 Evergreen Street & 12848 Kenai Spur Highway
KPB Parcel No.: 04314102 & 04314101
Existing Zoning: RR – Rural Residential
Current Land Use: Vacant
Land Use Plan: Neighborhood Residential
ANALYSIS
General Information:
This is an application to rezone the properties described above as Tract A-1 and Tract A-
2, Evergreen Tract A Resub., as shown on Attachment A from Rural Residential to
General Commercial. As shown on Attachment A, both lots are presently vacant.
Kenai Municipal Code (KMC) 14.20.270 describes amendment procedures. Section 2
states, “Amendments to the Official Zoning Map shall be considered only if the area to
be rezoned contains a minimum of one (1) acre (excluding street or alley rights-of-way)
unless the amendment enlarges an adjacent district boundary.” As shown on Attachment
B, the subject parcel is zoned Rural Residential and is adjacent to the General
Commercial zone. Tract A-1 is approximately 3.02 acres and Tract A-2 is approximately
5.50 acres, for an approximate total of 8.52 acres. Therefore the proposed rezone meets
the criteria for an amendment.
The subject parcels are currently zoned Rural Residential.
7
PZ15-23 – Staff Report
Page 2
The intent of the Rural Residential zone is, “The RR Zone is intended to provide for low
density residential development in outlying and rural areas in a form which creates a
stable and attractive residential environment.” The proposed zoning is General
Commercial. The intent of the General Commercial zone is, “The CG 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.”
The Comprehensive Plan classifies the area as Neighborhood Residential.
“The Neighborhood Residential district consists 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.”
While presently, the Comprehensive Plan Land Use designation is Neighborhood
Residential, it may; however, not be consistent with that of a commercial use for a
performing arts theater. It is therefore recommended that the Comprehensive Plan Land
Use designation be revised to that of Neighborhood Commercial to be more consistent.
The Comprehensive Plan defines Neighborhood Commercial as “The Neighborhood
Commercial district applies to areas along the arterial road system that are suitable for
small-scale neighborhood-serving retail, service and office uses.
The applicant is requesting this rezone to allow for the potential construction of a future
Performing Arts Center by the Kenai Performers a local Non-Profit theater group. At
their meeting of April 15, 2015, the Kenai City Council directed City Administration to
enter into negotiations for the donation of approximately two acres of city-owned
property. At that meeting, City Administration presented three potential locations which
would be suitable for the Kenai Performers upon which to construct the proposed theater.
Kenai City Council selected the parcel located at 207 Evergreen Street and directed City
Administration to look at rezoning the subject parcel as well as the adjacent subject
parcel 12848 Kenai Spur Highway to an appropriate zoning district to allow for the
construction of a theater. In reviewing KMC 14.20.320 a 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.”
In reviewing KMC 14.22.010 a compatible zoning district for a theater as an allowed use
8
PZ15-23 – Staff Report
Page 3
would be the General Commercial Zone.
Pursuant to Attachment B, the subject parcels are zoned Rural Residential. Adjacent
zoning includes Suburban Residential and Suburban Residential 1 to the north, General
Commercial to the east, Suburban Residential to the south and Recreational to the west.
The requested rezone would enlarge a neighboring commercial use. A rezone would
result in a General Commercial zone abutting a Suburban Residential; however, that
situation presently exists across Evergreen Street. Therefore, continuing the General
Commercial zone along the Kenai Spur Highway would continue to allow for
commercial uses, which are generally more compatible fronting along a highway rather
than residential uses.
RECOMMENDATIONS
As proposed the rezone meets the requirements of Kenai Municipal Code 14.20.270. The
Subject parcels are accessed off of Evergreen Street and the Kenai Spur Highway. The
rezone will enlarge an adjacent zoning boundary, and expand the General Commercial
Zone to allow for additional commercial uses along the Kenai Spur Highway and
Evergreen Street. The proposed rezone is consistent with the General Commercial Zone.
The issuance of the Rezoning permit shall be conditioned upon the following:
1. Applicant shall comply with all Federal, State and local regulations.
ATTACHMENTS:
1. Resolution No. PZ15-23
2. Application
3. Maps
9
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15-23
REZONE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA, APPROVAL OF THE REQUESTED REZONING.
WHEREAS, the applicant is the City of Kenai, who’s address is 210 Fidalgo Avenue,
Kenai, Alaska, 99611; and
WHEREAS, the legal descriptions are Tracts A-1 & A-2, Evergreen Tract A Resub; and
WHEREAS, the parcel addresses are 207 Evergreen Street & 12848 Kenai Spur
Highway; and
WHEREAS, the KPB Parcel Numbers are 04314102 & 04314101; and
WHEREAS, the Planning & Zoning Commission finds that Kenai Municipal Code
Section 14.20.270 describes the amendment procedures and initiation of Zoning Code
and Official Map Amendments; and
WHEREAS, Kenai Municipal Code Section 14.20.270(b)(1)(C) provides that the request
may be submitted by the property owner in the area to be rezoned; and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. The subject parcels are currently zoned Rural Residential;
2. The present land use plan designation is Neighborhood Residential;
3. The proposed Zoning District is General Commercial; and
WHEREAS, the rezone to General Commercial is not generally consistent with the 2003
City of Kenai Comprehensive Plan and that the Land Use Plan Classification should be
amended to Neighborhood Commercial from Neighborhood Residential to provide
consistency; and
WHEREAS, the City of Kenai Planning and Zoning Commission finds that the conditions
which are prerequisite to issuance of a rezone have been met, as follows:
1. Applicant must comply with all Federal, State and local regulations.
10
Resolution No. PZ15-23
Page 2 of 2
2. That a duly advertized public hearing as required by Kenai Municipal Code
14.20.153 was conducted by the Commission on August 12, 2015.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI, ALASKA, HEREBY RECOMMENDS TO THE
COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE PETITIONED REZONING
OF TRACTS A-1 AND A-2, EVERGREEN TRACT A RESUB. BE APPROVED.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 12TH DAY OF AUGUST, 2015.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
11
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5
KENAI SPUR HWY
EVERG
REEN ST
SECOND AVE
DUJEMI DR
®
0 200 400100Feet
Attachment A
Zoning
Rural Residential
Surburban Residential
Suburban Residential 1
General Commercial
Recreational
14
KENAI SPUR HWY
EVERG
REEN ST
SECOND AVE
DUJEMI DR
®
0 200 400100Feet
Attachment B
Zoning
Rural Residential
Surburban Residential
Suburban Residential 1
General Commercial
Recreational
15
16
17
18
19
20
THIS PAGE INTENTIONALLY LEFT BLANK
21
STAFF REPORT
To: Planning & Zoning Commission
Date: August 26, 2015 Res: PZ15-24
GENERAL INFORMATION
Applicant: Clint Hall 260-7607
P.O. Box 2829
Kenai, AK 99611
Requested Action: Conditional Use Permit – Assisted Living Facility
Legal Description: Tract 36, Killen Estates Addition No. 1
Street Address: 707 North Forest Drive
KPB Parcel No: 04321014
Existing Zoning: RS – Suburban Residential
Current Land Use: Vacant
Land Use Plan: Neighborhood Residential
ANALYSIS
General Information:
The applicant is proposing to build a 24-bed assisted living facility. 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 property is located in the Suburban Residential zone. 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 Planning & Zoning Commission granted the applicant a Conditional Use Permit
PZ13-26 for an assisted living facility on June 12, 2013. Kenai Municipal Code
14.20.150(i)(1) provides that a conditional use permit lapses twelve (12) months after
approval if no building permit is procured or if the allowed use is not initiated. A
building permit was not issued nor was the use initiated; therefore, Conditional Use
Permit PZ13-26 lapsed.
On November 12, 2014, the Planning & Zoning Commission recommended approval
of the original preliminary plat of Killen Estates 2014 Replat. Said plat reconfigures
Tract 36, Killen Estates Addn. No. 1 and Tract 37A, Killen Estates 2012 Replat into
one larger tract to be known at Tract 36A, Killen Estates 2014 Replat. Integrity
22
Surveys estimates that the plat of Killen Estates 2014 Replat will be recorded in
approximately four weeks. At such time as the plat is recorded, Tract 36 will be
known as Tract 36A, Killen Estates 2014 Replat.
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 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 property will be directly off North Forest Drive. The facility
will be staffed by five staff members per shift; however, this number could
change and will depend on the number of residents and State of Alaska
requirements. There should be minimal traffic generated by the facility.
The development will be landscaped to provide separation from adjoining
properties and will not violate the residential character of the area.
• The value of the adjoining property and neighborhood will not be significantly
impaired.
o Staff finds the proposed development meets this standard.
The proposed development must meet commercial building and fire codes.
A landscaping/site plan was submitted and approved (PZ15-25). 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, especially the residential
subdivision.
This property is located off North Forest Drive, a collector street which
provides access to multiple neighborhoods. An identical facility is south of
the development, this structure is the second (2) phase of a proposed four
(4) phase development. The properties north and west are undeveloped.
Woodland Subdivision is located across North Forest Drive. Other
institutional uses along Forest Drive include the Salvation Army, Church of
23
the Latter Day Saints Star of the North Lutheran Church, Fireweed Herb
Garden, and Courtyard Gardens (apartments and short-term rentals).
The Suburban Residential zone provides for multi-family dwellings up to a
6-plex as a permitted use. Multiple 6-plexes could be built on this
property. The applicant proposes to build an assisted living facility which
will provide housing for individuals with disabilities. The applicant plans to
hire five staff persons per shift; however, this number could change and is
dependent on the number of residents and State requirements. The
proposed development will have less impact on the adjoining properties
from noise and traffic than would multi-family dwellings.
The proposed development 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 2003 Comprehensive Plan defines the Neighborhood Residential
district 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.
• 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. North
Forest Drive is a paved City street.
• The proposed use will not be harmful to the public safety, health or welfare.
o Staff finds the proposed development meets this standard.
• 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.
24
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. Recommend approval with the following requirement:
1. Prior to issuance of the Certificate of Occupancy allowing residents to
occupy the building, the applicant must provide the City of Kenai with a
recorded copy of the Plat of Killen Estates 2014 Replat.
2. Facility be licensed by the State of Alaska and managed in compliance
with State licensing requirements.
ATTACHMENTS:
1. Resolution No. PZ15-24
2. Application
3. Landscape/Site Plan PZ15-25
4. Site Plan
5. Map
25
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15-24
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: Clint Hall _
USE: Assisted Living Facility _
LOCATED: 707 North Forest Drive – Tract 36, Killen Estates Addition No. 1 (to be
known as Tract 36A, Killen Estates 2014 Replat when plat is recorded) _
(Street Address/Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: 04321014
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.150 has been
submitted and received on: July 29, 2015
2. This request is on land zoned: 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. Prior to issuance of the Certificate of Occupancy, the applicant must provide
the City of Kenai with a recorded copy of the Plat of Killen Estates 2014 replat.
b. Facility by the State of Alaska and managed in compliance with State licensing
requirement.
4. That the Commission conducted a duly advertised public hearing as required by
KMC 14.20.280 on August 26, 2015.
5. Applicant must comply with all Federal, State, and local regulations.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.ci.kenai.ak.us
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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, ON THE 26TH DAY OF AUGUST, 2015.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
AUGUST 19, 2015, 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
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)
1. John Williams, Kenai Resident – Resurrection and Restoration of the Old
White Fire Truck.
2. Richard Page, Soar International Industry – City of Kenai Airport Leases &
Appraisals.
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY. Ordinance No. 2849-2015 – Accepting and
Appropriating a Grant from the State of Alaska for the Purchase of Library
Books.
2. ENACTED UNANIMOUSLY. Ordinance No. 2850-2015 – Increasing
Estimated Revenues and Appropriations by $2,500 in the General Fund – Fire
Department for an Equipment Grant Provided by the Southern Region EMS
Council.
3. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2015-47 –
Creation of a Subcommittee to the Parks and Recreation Commission for the
Purpose of Determining the Feasibility and Costs for the Phased Construction
of a Park Facility, Including a Permanent Stage.
Kenai City Council Meeting Page 2 of 3
August 19, 2015
4. ADOPTED UNANIMOUSLY. Resolution No. 2015-48 – Awarding a Contract
for the Purchase of Two Lifepak 15 Monitor/Defibrillators.
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of August 5,
2015
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be
Ratified.
2. REMOVED FROM THE CONSENT AGENDA; APPROVED UNANIMOUSLY.
*Action/Approval – Purchase Orders Exceeding $15,000.
3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET FOR 9/2.
*Ordinance No. 2851-2015 – Increasing General Fund Estimated Revenues
And Appropriations For Unbudgeted Costs Related To The Acquisition Of
Property Retained For A Public Purpose.
4. WORK SESSION SET FOR 9/16 AT 5:30. Action/Approval – Schedule a
Work Session in September to Discuss Funding Requests for FY17 Capital
Improvement Priorities.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
• Kenai Bluff Section 116 United States Army Corps of Engineer’s
Summary of May 13, 2015 Meeting.
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
Kenai City Council Meeting Page 3 of 3
August 19, 2015
2. Council Comments
L. EXECUTIVE SESSION
1. To Discuss the Purchase of Lands and other Improvements from ARK
Properties, LLC to Facilitate Construction of an Access Road to the Beach
Near the South Side of the Mouth of the Kenai River, a Matter that the
Immediate Knowledge of which would Clearly have an Adverse Effect upon the
Finances of the City [AS 44.62.10 (c)(1)].
DIRECTION WAS PROVIDED TO AUTHORIZE THE CITY MANAGER AND
CITY ATTORNEY TO PURSUE NEGOTIATIONS FOR PURCHASE OF
LANDS AND OTHER PROPERTIES FROM ARK PROPERTIES, LLC.
2. To Discuss Amending the City’s Agreement with the Public Employees’’
Retirement System (PERS) to Remove the City Manager’s Position, a Matter
that the Immediate Knowledge of which would Clearly have an Adverse Effect
upon the Finances of the City and may be a Subject that tends to Prejudice the
Reputation and Character of any Person, provided the Person May Request a
Public Discussion [AS 44.62.10 (c)(1)(2)].
NO ACTION TAKEN OR DIRECTION GIVEN.
M. PENDING ITEMS
1. Resolution No. 2015-12 – Supporting Alaska State Senate Bill 1, an Act
Prohibiting Smoking in Certain Places; Relating to Education on the Smoking
Prohibition.
N. ADJOURNMENT
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INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
The agenda and supporting documents are posted on the City’s website at
www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s
Office or outside the Council Chamber prior to the meeting. For additional information,
please contact the City Clerk’s Office at 907-283-8231.
KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
August 24, 2015 - 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. James Waddell Survey Petska Addition ...................................... 1
KPB 2006-122 [Imhoff / Petska]
Location: City of Homer
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval
*4. Plats Granted Final Approval (20.10.040) - None
*5. Plat Amendment Request - None
*6. Utility Easement Vacations
a. Vacate the 10-foot utility easement along the eastern ................ 6
boundary of Tract C and the 10-foot utility easement
along the western boundary of Tract B granted by Corea
Bend Subdivision #2 (HM 99-41). Said 10-foot utility
easement along western boundary of Tract B is also
shown along the western boundary of Tract B1 Corea
Bend Subdivision #3 (HM 2003-53), and the western
boundary of Tract B-2A Corea Bend Subdivision #4 (HM
2007-116) all lying within Section 27, Township 1 North,
Range 13 West, Seward Meridian, Alaska within the
Kenai Peninsula Borough; KPB File 2015-085. Purpose
as stated in petition (summarized): The Ogrens own
Tract B-2A and Tract C. The property is being replatted
back into one piece, and there is no reason for a utility
easement through the middle of the property.
Petitioners: Dennis K. and Martha E. Ogren, Co-
Trustees of the Ogren 2013 Family Trust of Clam Gulch,
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Alice Joanne Collins
PC Member
Anchor Point/ Ninilchik
Term Expires 2016
Cindy Ecklund
PC Member
City of Seward
Term Expires 2017
Robert F. Ernst
PC Member
Northwest Borough
Term Expires 2017
Dr. Rick Foster
Parliamentarian
Southwest Borough
Term Expires 2017
James Glendening
PC Member
Kenai City
Term Expires 2016
Sandra Key Holsten
PC Member
East Peninsula
Term Expires 2016
James Isham
PC Member
Sterling
Term Expires 2018
Harry Lockwood
PC Member
Ridgeway
Term Expires 2016
Blair Martin
Chairman
Kalifornsky Beach
Term Expires 2018
Robert Ruffner
Vice Chairman
Kasilof/Clam Gulch
Term Expires 2018
Franco Venuti
PC Member
Homer City
Term Expires 2016
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Alaska and Marta Duff, Javan Simpson, and Alana
Simpson of Springfield Missouri.
b. Vacate the 10-foot utility easement along the southern ............ 21
boundary of Lots 3-5 Block 5 granted by Baranoff
Terrace Subdivision (KN 1556) within Section 26,
Township 7 North, Range 12 West, Seward Meridian,
Alaska, Nikiski area, within the Kenai Peninsula
Borough; KPB File 2015-091. Purpose as stated in
petition: We did not know the easement existed when
buying the house. We would like to vacate the
easement if we ever sell the house. Petitioners: Carl R.
& Bonita R. Quale of Nikiski, Alaska.
*7. Commissioner Excused Absences
a. Paul Whitney, City of Soldotna
*8. Minutes
a. August 10, 2015 Plat Committee Minutes
b. August 10, 2015 Planning Commission Minutes
D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless
previous arrangements are made
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1. Public notice is hereby given that a petition has been received ............. 32
to vacate a portion of a right-of-way within the City of Kenai. The
right-of-way vacation under consideration is described as
follows: Location and request: Vacate approximately 630 feet of
the south portion of Beluga Drive North, a 60-foot wide right-of-
way, as dedicated by Beluga Subdivision (KN1425), which was
later corrected by Beluga Subdivision (KN1447). Proposed
vacation extends from Beluga Drive West to the northern
boundary of Lot 3 Beluga Subdivision. The proposed vacation is
within the SW1/4 of Section 33, Township 6 North, Range 11
West, Seward Meridian, Alaska, within the City of Kenai and
Kenai Peninsula Borough; KPB File 2015-080. Purpose as
stated in petition: The vacation will allow the landowner to have
one large parcel that is not encumbered with ROWs and lot lines.
Petitioner: Rev. Stephen Brown, Kenai New Life Assembly of
God, Kenai, Alaska
2. Public notice is hereby given that a petition has been received ............. 50
to vacate a portion of Toppenberg Avenue, associated utility
easements, and a half 50-foot radius temporary turnaround
within the Sterling area. The proposed vacation is described as
follows: Location and request: Vacate that portion of
Toppenberg Avenue lying west of Lot 2 Block 3 Marriott
Subdivision Addition No. 1 Part Two, said vacation being the
west 375 to 435 feet, more or less, of Toppenberg Avenue, a 60-
Paul Whitney
PC Member
City of Soldotna
Term Expires 2017
Max J. Best
Planning Director
Mike Navarre
Borough Mayor
40
foot public right-of-way, including the half 50-foot radius
temporary turnaround easement located on the north side at the
western end of Toppenberg Avenue within Lot 1 Block 3 Marriott
Subdivision Addition No. 1 Part Two. Also vacate any
associated utility easements granted with these portions of right-
of-way. Toppenberg Avenue, associated utility easements, and
the half 50-foot radius temporary turnaround were
dedicated/granted by Marriott Subdivision Addition No. 1 Part
Two (Plat KN 78-83) and Sangster Subdivision (Plat KN 2005-
35). All portions of the requested vacations are located within the
NW14 SW1/4, Section 21, Township 5 North, Range 9 West,
Seward Meridian, Alaska, within the Kenai Peninsula Borough;
KPB File No. 2015-083. Purpose as stated in petition:
(summarized) The undeveloped portion of Toppenberg Avenue
is not constructed; is not suited for development; and is not used
by pedestrian, all-terrain, or motor vehicle traffic. Petitioner(s):
Ralph & Leila Portell of Sterling, Connie Miller of Soldotna, and
John & Margaret Toppenberg of Sterling, Alaska.
3. Public notice is hereby given that a petition has been received ............. 95
to vacate a right-of-way within the City of Seward. Area under
consideration is described as follows: Location and request:
Vacate that portion of the 20-foot wide alleyway lying north of Lot
11 Block 10 and north of Lot 30 Block 10 according to the
original townsite of Seward Laubner Addition, Plat SW 0002
within the SW¼ of Section 3, Township 1 South, Range 1 West,
Seward Meridian, Alaska and within the Kenai Peninsula
Borough. KPB File 2015-089. Purpose as stated in petition:
The right-of-way is within the Seward Lagoon and is entirely
submerged. The portion of the Alley providing access to the
Lagoon shoreline is being left intact and there are other public
access points to the Lagoon. This vacation is being submitted in
conjunction with a replat of the Benny Benson City Park.
Additional rights-of-ways are being dedicated for existing roads
around the perimeter of the park to bring them into compliance
with current width standards. Petitioner(s): City of Seward,
James Hunt, City Manager
G. ANADROMOUS WATER HABITAT PROTECTION (21.18)
1. Resolution 2105-025; Conditional use permit to install buried ............. 127
water-main and service lines within the 50-foot Habitat Protection
District of the Ninilchik River. Request and Location: A
Conditional Use Permit application has been received pursuant
to KPB 21.18.081 to install a new community water system for
the Old Ninilchik Village townsite area. Portions of this project
will involve trenching in water lines within the habitat protection
district of the Ninilchik River. The water system will be located
in Section 34, T1S R14W, along and in the Bayview Street,
Valley Avenue and the Mission Avenue right-of-ways.
Petitioner: Holly L. Morris of Michael L. Foster & Associates on
behalf of The Ninilchik Water and Sewer Association, PO Box
39701, Ninilchik, AK 99639.
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
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I. SPECIAL CONSIDERATIONS - None
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 5 preliminary plats and 1 final
plat.
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. The Alaska LNG Monitor .................................................................................... 141
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday,
September 14, 2015 in the Mt Alice Conference Room at Breeze Inn Seward Alaska Hotel,
303 North Harbor Dr, Seward, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
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: planning@borough.kenai.ak.us
web site: http://www.borough.kenai.ak.us/planning-dept/planning-home
Advisory
Commission
Meeting Location Date Time
Anchor Point Anchor Point
Chamber of Commerce
August 18, 2015
September 8, 2015 7:00 p.m.
Cooper Landing Cooper Landing
Community Hall September 9, 2015 6:00 p.m.
Hope / Sunrise Hope Social Hall September 3, 2015 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.
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KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:30 p.m. August 24, 2015
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
3. Minutes
a. August 10, 2015 Plat Committee Minutes
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. Davis-Mills Subdivision #2 ........................................................................ 1
KPB File 2015-073 [Johnson / Mills]
Location: Off of Carol Rd & Toombs Ave in the Cohoe area
2. Seward Original Townsite Snowden Replat ........................................... 17
KPB File 2015-082 [Integrity / Blue Yonder, LLC]
Location: City of Seward
3. High Tide Replat (NC) ............................................................................. 38
KPB File 2015-092 [Seabright / Hall, High Tide LLC, Dragonfly, LLC]
Location: City of Homer
4. Sunset Park Subdivision Mahan Addition ............................................... 62
KPB File 2015-095 [McLane / Mahan]
Location: Off of Sunset Park in the Ridgeway area
5. Glenwood Subdivision Allenwood Replat ............................................... 75
KPB File 2015-096 [Segesser / Wood, Kvasnikoff]
Location: Off Oil Well Rd in the Ninilchik area
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
1. Webber Subdivision No. 9 ...................................................................... 91
KPB File 2015-053 [Geovera / Long]
Location: Crittenden Drive, City of Homer
G. OTHER / NEW BUSINESS
MEMBERS:
Paulette Bokenko-
Carluccio
City of Seldovia
Term Expires 2018
Cindy Ecklund
City of Seward
Term Expires 2017
James Isham
Sterling
Term Expires 2018
Blair Martin
Kalifornsky Beach
Term Expires 2018
ALTERNATES:
Franco Venuti
City of Homer
Term Expires 2016
Paul Whitney
City of Soldotna
Term Expires 2017
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H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
I. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, September
14, 2015 in the Mt Alice Conference Room at Breeze Inn Seward Alaska Hotel, 303 North
Harbor Dr, Seward, 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: http://www.borough.kenai.ak.us/planning-dept/planning-home
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