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HomeMy WebLinkAbout2016-04-27 Planning & Zoning Packet AGENDA KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING APRIL 27, 2016 - 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA http://www.kenai.city 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. *April 13, 2016 ..................................................................................................... 1 3. SCHEDULED PUBLIC COMMENT: None 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 5. CONSIDERATION OF PLATS: None 6. PUBLIC HEARINGS: None 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: a. Review of Shore Fishery Leases ....................................................................... 9 9. PENDING ITEMS: None 10. REPORTS: a. City Council ....................................................................................................... 93 b. Borough Planning ............................................................................................ 97 c. Administration 11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 12. INFORMATIONAL ITEMS: a. Planning & Zoning Resolutions – First Quarter 2016 .................................. 103 b. Code Enforcement Report– First Quarter 2016 ........................................... 105 c. Building Permits – First Quarter 2016 .......................................................... 107 13. NEXT MEETING ATTENDANCE NOTIFICATION: May 11, 2016 14. COMMISSION COMMENTS & QUESTIONS: 15. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS APRIL 13, 2016 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Commission Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Twait led those assembled in the Pledge of Allegiance. b. Roll Call Commissioners present: R. Springer, J. Twait, K. Peterson, G. Pettey, J. Focose, D. Fikes Staff/Council Liaison present: City Planner M. Kelley, City Attorney S. Bloom, Deputy Clerk J. Heinz, Planning Assistant W. Anderson, Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval Commissioner Peterson noted the following items to be removed/added to the agenda/packet: 6.a. PZ16-06 • Staff Report dated March 23, 2016 • Presentation of Drone Flyover Video • Correspondence from Citizens MOTION: Commissioner Peterson MOVED to approve the agenda including the removals/additions to the agenda/packet; Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda; 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 1 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. e. *Excused Absences – James Glendening 2. *APPROVAL OF MINUTES: March 9, 2016 and March 23, 2016 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) a. Bob McIntosh - Citizen’s Committee and Voter Approval for Final Comprehensive Plan (10 minutes) The scheduled individual was not present at the meeting; no comments were provided. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 5. CONSIDERATION OF PLATS: None. 6. PUBLIC HEARINGS: a. PZ16-06 – Application for a Conditional Use Permit to operate an approximately 400- square-foot Retail Marijuana Store and an approximately 860-square-foot Marijuana Cultivation Facility, Standard, within an existing approximately 2,256-squre-foot commercial building; located on the property known as 5455 Kenai Spur Highway, Lot 6A1, Thompson Park 2013 Replat, KPB Parcel No. 04907032. Application submitted by: Roger Boyd, 37095 Kalifornsky Beach Road, Kenai, Alaska 99611 [Clerk’s Note: At its March 23, 2016 meeting the Planning & Zoning Commission postponed Resolution PZ16-06 to April 13, 2016 to allow for additional public hearing. A motion to approve PZ16-06 is on the floor.] City Planner Kelley noted his staff report had not changed and the opportunity for continued public testimony. He also noted the additional information obtained from the attorney, determining that the adjacent home used as a home school did not set buffers into place. Chairman Twait opened the public hearing. Eric Derleth showed video of a flyover done with a drone to show the property noting the fencing doubled up on places, giving views of the property, noted where fencing was planned to prevent access to back of establishment. Brian Olson spoke in favor of the Conditional Use Permit noting he viewed commercial cannabis licensing from the perspective of alcohol licensing pointing out that cannabis was much more regulated. He stated he owned a winery, knows the alcohol regulations, read the marijuana regulations and pointed out that the regulations are for the safety of the public. Roger Boyd spoke in favor of the Conditional Use Permit, noting the issue was regarding zoning and asked the Commission to review it based on those merits pointing out that the Limited Commercial zone was to provide a transition between business and residential areas. He pointed 2 out that in this situation the line was merely a property line, stated he was sympathetic to neighbors, and noted it would require a lot of communication and understanding on the company’s part. He also pointed out that no one knew what the impact on property values would be and that the establishment would do no more harm than the liquor store as cleaning up the vacant business would improve the neighborhood. Ed Gaethele Spoke against the Conditional Use Permit noting that he was involved in real estate and stated the marijuana establishment would have detrimental impact. He also noted that he recently took custody of two grandchildren and would not have knowingly put them in a neighborhood with drugs and or alcohol. Kevin Moore testified in opposition of the Conditional Use Permit stating that it was not a benefit for the community noting the oil and gas economic driver, which required heavy homeland security. He further stated that if someone working in the oil and gas industry was found to have drugs in their system they couldn’t ever work in the industry again meaning lost jobs and wages. Robert Rinehart testified that his concern with the Conditional Use Permit was with the parking lot tying into Lupine Street pointing out that customers could pull through neighborhood to consume. He also pointed out that traffic decreased after the liquor store closed. He requested that Lupine Street be blocked off leaving the neighborhood out of the picture. John White spoke against the Conditional Use Permit noting previous testimony that marijuana could be beneficial for seniors and veterans; he stated he was a senior and a veteran and opposed marijuana establishments in the City of Kenai, suggesting the establishments be placed in other locations where there was more commerce. Janice Houtz spoke against the Conditional Use Permit stating she didn’t want any marijuana establishments in the City of Kenai noting that they didn’t fit with the mission of the City; didn’t see a future with the industry; pointing out it was a bad example for youth. She also stated that only the establishment owners were going to benefit, and asked for consideration be given to the community, City and children. Mark Tyler spoke in favor of the Conditional Use Permit stating he believed the establishment was consistent with the zoning regulations. He stated he was aware of negative activity in the area and that he believed the ownership group would make the area safer being occupied, lit, and with much higher security protocols. He pointed out that many were testifying that there was a fear with the establishment’s proximity to children and noted that nobody ever expanded on what the danger to children looked like. Chad Boterious noted that he lived in the neighborhood, that he was in favor of dispensaries, requested the business hours be from 10:00 a.m. to 5:00 or 6:00 p.m., and that it would be better if the establishment were in a more commercial area. He also noted that he was concerned about property values. Chris Cook spoke against the Conditional Use Permit, noting that strip zoning was a problem and suggested marijuana be confined to the old Lowe’s building or in the downtown district. She echoed previous testimony that the former liquor store had been burglarized and feared that the establishment would be a target for those looking to steal suggesting the establishment was an inconsistent use. 3 Patricia Patterson spoke in favor of the Conditional Use Permit pointing out that when the Commission was considering the regulations, it was brought up that there were so many other entities being buffered that the marijuana establishments were going to be pushed out of the main commercial district of town. She also pointed out that the marijuana establishment owners were going to have to be good neighbors as the establishment would be highly scrutinized. Elizabeth Brennan spoke against the Conditional Use Permit noting that even though she was in favor of dispensaries, she didn’t believe in them being so close to a neighborhood. She suggested there would be recordings of the business itself, but none provided for the surrounding residences. Ron Isaacs spoke in favor of the Conditional Use Permit noting there were a lot of entities that had been buffered within the City. He noted several residents of the area weren’t present and that may be taken as support for the establishment. Chris Burccholz pointed out that the notice was only sent to residents that lived within 500 feet of the establishment. Leif Abel spoke in favor of the Conditional Use Permit noting that the permit should be granted if it met the zoning requirements. He also stated that the economic opportunity was good for the community. Chairman Twait closed the public hearing. It was clarified that federal funding for the Kenai Spur Highway was not jeopardized as the Cole Memorandum, if followed, allowed the state to govern itself. It was pointed out that the purpose of a public hearing was to take testimony to determine if additional conditions such as parking, hours of operation, or buffers could be put into place to make the establishment harmonious with the area. It was reiterated that the City would have an opportunity to comment at every renewal which would allow for review of the Conditional Use Permit as well. Staff clarified that in 2006 the zoning of the property was changed from General Commercial to Limited Commercial. Commissioner Twait noted the City Council gave the Planning & Zoning Commission the directive to find areas that Commercial Marijuana Establishments could exist within the City and that there was not a lot of input during those meetings. He also noted that the task of the Commission was not to debate cannabis but determine if the establishments could meet the conditions set forth. Finally, Commissioner Twait pointed out that the public has opportunity to weigh in on the Conditional Use Permit annually. Commissioner Peterson stated his intention to vote in favor as the establishment followed the ordinances set forth. Commissioner Fikes noted a previous contentious issue regarding a Conditional Use Permit noting that the City had processes in place for rectifying situations. She noted that based on the state’s licensing regulations and the City’s land use regulations being met, she would vote in favor of the Conditional Use Permit. 4 Commissioner Springer noted he was not an advocate for marijuana sales, but would vote in favor after considering the zoning regulations combined with the fact that the property had consistently been used as a retail establishment. He also noted the security measures proposed to be put into place were commendable. Commissioner Pettey noted that the Conditional Use Permit provided the opportunity to determine if the proposed establishment was in harmony with the surrounding community and after listening to the comments from the surrounding property owners, she would vote against the Conditional Use Permit. Commissioner Focose noted that after considering the zoning regulations, he would be voting in favor of the Conditional Use Permit. It was noted that based on the delay of the issuance of the license combined with the time it took to grow the product, the retail establishment would not be able to sell for a full year before the Conditional Use Permit could be reviewed again. VOTE: YEA: Peterson, Fikes, Focose, Twait, Springer NAY: Pettey MOTION PASSED. Commission Chair Twait noted the 15-day appeal period. b. PZ16-10 – A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, Recommending Council Adopt the City of Kenai Annex to the Kenai Peninsula Borough All Hazard Mitigation Plan. City Planner Kelley reviewed his staff report noting that the Plan called for an update every five years and dealt with panic and hazard situations. He briefly discussed some of the changes that were made after the work session held on March 23, 2016, most affecting the erosion sections. MOTION: Commissioner Peterson MOVED to adopt Resolution PZ16-10; Commissioner Focose SECONDED the motion. Chairman Twait opened the public hearing; there being no on wishing to be heard, the public hearing was closed. A numbering inconsistency was pointed out. MOTION TO AMEND : Commissioner Peterson MOVED to amend the table to be numbered sequentially number and add mobile home parks; Commissioner Fikes SECONDED the motion. VOTE ON THE AMENDMENT: 5 YEA: Focose, Twait, Springer, Peterson, Fikes, Pettey NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Focose, Twait, Springer, Peterson, Fikes, Pettey NAY: MOTION PASSED UNANIMOUSLY. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Council Member Knackstedt reviewed the action agenda from the 4/6 Council Meeting which was provided in the packet and added that there was renewed interest from the Beautification Committee regarding the Storefront Improvement program. b. Borough Planning – No report; Commissioner Glendening was absent. c. Administration – Kelley provided a reminder for the Town Hall meetings on April 16 and April 26 regarding the Comprehensive Plan revision. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: April 27, 2016 14. COMMISSION COMMENTS & QUESTIONS: Commissioner Focose noted the Public Hearings went smoothly. Commissioner Pettey stated that she was honored to participate in the public process. Commissioner Peterson thanked Chariman Twait for his management of the meeting. Commissioner Fikes echoed Commissioner Peterson’s comments noting Chairman Twati’s, kindness and professionalism in allowing everyone to speak. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 9:16 p.m. 6 Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC Deputy Clerk 7 THIS PAGE INTENTIONALLY LEFT BLANK 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 THIS PAGE INTENTIONALLY LEFT BLANK 92 ACTION AGENDA KENAI CITY COUNCIL – REGULAR MEETING APRIL 20, 2016, 6:00 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. Presentation of Colors by Cub Scout Pack No. 152. 3. National Anthem by Kenai Central High School Student Olivia Brewer. 4. Roll Call 5. Agenda Approval 6. 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 1. ADOPTED UNANIMOUSLY. Resolution No. 2016-15 – Consenting to the Vacation of Certain Rights-of-Way, Utility Easements and Drainage Easements and Consenting to the Acceptance of Certain Rights-of-Way and Utility Easements as Set Forth on the Plat of Dragseth Subdivision 2016 Addition, which is Attached here to as Exhibit “A”. 2. ADOPTED UNANIMOUSLY. Resolution No. 2016-16 – Awarding an Agreement for Construction of Water System Improvements 2015-2016 Reservoir #2. E. MINUTES 1. ADOPTED BY THE CONSENT AGENDA. *Regular Meeting of April 6, 2016 F. UNFINISHED BUSINESS 93 1. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2016-10 – Confirming the Assessment Roll on the VIP Drive Lid Street Improvement Special Assessment District. [Clerk’s Note: At its April 6 meeting, Council postponed the Resolution to the April 20 meeting. A motion to approve is on the floor. The Council may convene in executive session to discuss this matter pursuant to AS 44.62.310(c)(1)(3) a matter of which the immediate knowledge may have an adverse effect upon the finances of the City, and a matter by which law, municipal charter, or ordinance are required to be confidential.] • Substitute Resolution No. 2016-10 [Clerk’s Note: Council May Suspend the Rules to Allow Public Testimony on the Substitute Resolution as there are Substantial Proposed Amendments.] G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be Ratified. 2. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET FOR 5/4. *Ordinance No. 2886-2016 – Accepting and Appropriating Funds Forfeited to the Kenai Police Department. 3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET FOR 5/4. *Ordinance No. 2887-2016 – Accepting and Appropriating a Grant from the Federal Aviation Administration for the Small Taxiways and Aircraft Tiedown Rehabilitation 2015-2016 Project and Awarding a Construction Contract to Knik Construction Company, Inc. 4. MEETING SET FOR 05/16/16. Action/Approval – Scheduling a Board of Adjustment Hearing for an Appeal Filed by Thomas H. Wagoner on the Variance Granted by the Planning and Zoning Commission for the Construction of Four-Plex on a Lot within the Rural Residential Zone, which is Approximately 18,295 Square Feet in Size where 20,000 Square Feet is Required; Located at 240 Fern Street, Otherwise Known as Lot 4, Block 2, Thompson Park Subd. Addn. No. 1. 5. SPECIAL USE PERMIT APPROVED UNANIMOUSLY. Action/Approval – Authorizing a Special Use Permit to Provide Office Space in the Fire Training Building to Kenai Peninsula United Way. 6. LEASE AMENDMENT APPROVED UNANIMOUSLY. Action/Approval – Authorizing an Amendment of the Special Use Permit to Hilcorp Alaska, LLC to Allow Additional Vehicle Parking at the Kenai Airport. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 94 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee 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 (5) minutes per speaker) 2. Council Comments L. DIRECTION PROVIDED TO THE CITY MANAGER. EXECUTIVE SESSION – To Discuss an Unsolicited Offer to Purchase Airport Property Lot 4A, Cook Inlet Industrial Air Park 2014 Replat, According to Plat 2014-21, a Matter of which the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances of the City [AS 44.62.310(c)(1)]. M. PENDING ITEMS 1. Ordinance No. 2883-2016 – Amending Kenai Municipal Code Section 21.15.260 – Acquisition of Real Property, to Allow for Acquisition of Real Property Outside the Airport Reserve as Airport Lands for Public Use, Including Use for Establishing and Maintaining Buffer Zones. 2. Ordinance No. 2884-2016 – Enacting Kenai Municipal Code Section 14.20.065 – Airport Light Industrial Zone, Amending Kenai Municipal Code Section 14.22.010 – Land Use Table and Kenai Municipal Code Chapter 14.24 – Development Requirements Table, to add the Airport Light Industrial Zone. 3. Ordinance No. 2885-2016 – Amending the Official Kenai Zoning Map by Rezoning 51 Parcels Owned by the City of Kenai, Located within the Airport Reserve Boundary from Conservation Zone, Rural Residential Zone, Suburban Residential Zone, and Light Industrial Zone to Airport Light Industrial Zone and Ratifying the Application to the Planning And Zoning Commission for the Amendments. 4. Action/Approval – Schedule a Work Session to Discuss Proposed Ordinances Relating to Establishment of Airport Light Industrial Zone and the Rezoning of Parcels to Airport Light Industrial. N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 95 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Migratory Bird Treaty Centennial, 100 Years of Bird Conservation in Alaska, 1916-2016. 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. 96 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 April 25, 2016 - 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 - None *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. Notice is hereby given that an application to vacate a utility easement in the Kalifornsky area has been received by the Planning Department of the Kenai Peninsula Borough. Location: Vacate the west 40 feet of the 15-foot wide utility easement along the eastern portion of the south boundary of Lot 3, granted by Beach View Subdivision (Plat KN 2004-51); within Section 24, Township 04 North, Range 12 West, Seward Meridian, Alaska, within the Kenai Peninsula Borough. KPB File 2016-041. Purpose as stated in petition: The septic monitoring pipe was unintentionally put into the easement and there are currently no utilities located at this area. The Kenaitze Indian Tribe owns 23 acres adjacent to the property and the petitioner doubts any development will occur. Petitioner(s): Jacqueline and John Trotter of Kasilof, Alaska. *7. Commissioner Excused Absences *8. Minutes a. April 11, 2016 Plat Committee Minutes 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 City of Homer Term Expires 2016 97 b. April 11, 2016 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. Resolution 2016-11; Public hearing for a conditional land use permit for material extraction on a parcel in the K-Beach area. Applicant / Landowner: Doug Norris. Parcel: 055-550-42. Legal Description: Tract A-1, Bremond Farm Estates Norris Addition, according to Plat 2005- 27, Kenai Recording District, State of Alaska. Location: The parcel is located directly west of an existing gravel pit at 46653 Bonita Avenue. 2. Resolution 2016-12; Public hearing for a conditional land use permit for material extraction on a parcel in the Funny River area. Applicant / Landowner: Gary Knopp. Parcel: 066-161-04. Legal Description: Lot 5, Riverwind I Subdivision, according to Plat 72-48, Kenai Recording District, State of Alaska. Location: The parcel is located on the south side of Funny River Road, ¼ mile west of the fire station. 3. Resolution 2016-13; Public hearing for a conditional land use permit for material extraction on a parcel in the Clam Gulch / Ninilchik area. Applicant / Landowner: Sean Wedemeyer. Parcel: 139-100-07. Legal Description: Government Lot 7, Section 27, Township 1 North, Range 13 West, Seward Meridian, Homer Recording District, State of Alaska. Location: 72480 Sterling Highway (near milepost 125). G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) 1. Resolution 2016-15; A Conditional Use Permit pursuant to KPB 21.18 to reconstruct a portion of the Sterling Highway from MP 58 – MP 79 for a safety enhancement project that includes 3 R (Resurfacing, Restoration, and Rehabilitation) elements as well as new passing lanes and wildlife undercrossings. Portions of the project are within Borough’s 50-foot Habitat Protection District as established in KPB 21.18.081(B)(4) and KPB 21.18.091. 2. Resolution 2016-16; Application for an exception to the Floodplain Requirements has been received to conduct activities within the Coastal Special Flood Hazard Area designated as Zone V. Request and Location: A Floodplain Development Application has been received to excavate approximately 210 cubic yards of beach sand from below mean hide tide and to use that material to reinforce the root wad revetment that runs along the shoreline at Anchor River State Recreational Area. The revetment serves as an erosion barrier to a section of shoreline that protects the parking area near the Anchor Point tractor launch. Significant erosion has occurred along this stretch of shoreline, exposing the root wads and threatening to undercut the parking area. The excavated material will be placed on top of the exposed root wads. KPB 21.06.050(D)(1)(a) states: “All new construction shall be located landward of the reach of mean high tide.” An exception is requested from the Planning Commission to excavate the material from below mean high tide in the vicinity of the area where the material eroded from Paul Whitney PC Member City of Soldotna Term Expires 2017 Max J. Best Planning Director Mike Navarre Borough Mayor 98 the root wad revetment. This project is located at the Anchor River State Recreation Area, Section 5, T5S, R15W, SM, AK, (KPB Parcel #169- 010-48). Petitioner: Jason Okuly, Park Ranger, Alaska Department of Natural Resources, Division of Parks & Outdoor Recreation H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None I. SPECIAL CONSIDERATIONS - None J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 4 preliminary plats and one 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 NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, May 9, 2016 in the Assembly Chambers of the George A Navarre Kenai Peninsula Borough, 144 North Binkley St, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Commission Meeting Location Date Time Anchor Point Anchor Point Chamber of Commerce TBD 7:00 p.m. Cooper Landing Cooper Landing Community Hall May 4, 2016 6:00 p.m. Hope / Sunrise Hope Social Hall TBD 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. 99 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 100 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 6:30 p.m. April 25, 2016 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. April 11, 2016 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. W.R. Benson’s 2016 KPB File 2016-042 [Ability / Porter] Location: Off of Charles Way in the City of Homer 2. Doser Subdivision 2016 Addition KPB File 2016-045 [Integrity / Tuttle, McDowell, McDowell, McDowell] Location: Near Milepost 82 of the Sterling Highway in Sterling 3. Grouse Creek Subdivision (N/C) KPB File 2016-046 [Integrity / Marshall & Esther Ronne Living Trust] Location: Near Milepost 7 of the Seward Highway in Bear Creek 4. Bush Homestead 2016 Addition (Revised) KPB File 2016-036 [Integrity / Bush] Location: Near MP 107 of the Sterling Highway in Kasilof F. FINAL SUBDIVISION PLAT PUBLIC HEARING 1. Alaska State Land Survey No. 2010-17 KPB File 2013-043 [Enterprise Engineering / State of Alaska DNR] Location: Off of Snug Harbor Rd in Cooper Landing Cooper Landing APC MEMBERS: JoAnne Collins Anchor Point / Ninilchik Term Expires 2016 Cindy Ecklund City of Seward Term Expires 2017 James Glendening City of Kenai Term Expires 2016 James Isham Sterling Term Expires 2018 ALTERNATES: Robert Ernst Northwest Borough Term Expires 2017 Harry Lockwood Ridgeway Term Expires 2016 Franco Venuti City of Homer Term Expires 2016 101 G. OTHER / NEW BUSINESS H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED I. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, May 9 2016 in the Assembly Chambers of the George A Navarre Kenai Peninsula Borough, 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: http://www.borough.kenai.ak.us/planning-dept/planning-home 102 103 THIS PAGE INTENTIONALLY LEFT BLANK 104 MEMO: TO: Planning & Zoning Commission THRU: Matt Kelley, City Planner FROM: Wilma Anderson, Planning Assistant DATE: April 27, 2016 SUBJECT: Code Enforcement Action 2016 1st Quarterly Report Planning & Zoning currently has thirteen (13) active code cases: Junk Vehicles 2 Debris & Junk 1 Garbage 6 Building Code Violation 3 Miscellaneous Code Violation 1 Cases transferred to Legal Department/Civil Penalties being assessed. 0 TOTALS: 13 Code Enforcement Action during the months of Jan. – Mar., 2016: Closed Cases 4 Opened Cases 11 Administration is still working with three (3) individual property owners to eliminate building code violations on their property. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 105 THIS PAGE INTENTIONALLY LEFT BLANK 106 107 THIS PAGE INTENTIONALLY LEFT BLANK 108