HomeMy WebLinkAbout2017-02-08 Planning & Zoning Packet AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
February 8, 2017 - 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. * January 25, 2017 ............................................................................................ 1
3. SCHEDULED PUBLIC COMMENT: None
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS:
a. PZ17-02 – Original Preliminary plat of Kenai Meadows, submitted by Segesser
Surveys, 30485 Rosland St., Soldotna, AK 99669 on behalf of the City of Kenai,
210 Fidalgo Ave., Kenai, AK 99611 ................................................................... 9
6. PUBLIC HEARINGS: None
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS:
a. PZ17-03 - A resolution of the Planning and Zoning Commission of the City of Kenai,
recommending a resolution to the Council of the City of Kenai, consenting to an
amendment changing the purpose set forth in the lease of certain city-owned
property described as Lot 3, Block 1, Gusty Subdivision from restaurant to retail
business. ......................................................................................................... 21
9. PENDING ITEMS: None
10. REPORTS:
a. City Council ...................................................................................................... 30
b. Borough Planning (Next Meeting Scheduled for February 13, 2017)
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS:
a. Planning & Zoning Resolutions – Fourth Quarter 2016 ..................................... 34
b. Building Permits – Fourth Quarter 2016 ........................................................... 35
c. Code Enforcement Report – Fourth Quarter 2016 ............................................ 37
13. NEXT MEETING ATTENDANCE NOTIFICATION: February 22, 2017
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
JANUARY 25, 2017- 7:00 P.M.
COMMISSION 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
Commission Chair Twait led those assembled in the Pledge of Allegiance.
b.Roll Call
Commissioners present: R. Springer, D. Fikes, J. Twait, K. Peterson, J. Halstead, G.
Greenberg, V. Askin
Staff/Council Liaison present: City Planner M. Kelley, Planning Assistant W. Anderson, Deputy
Clerk J. Heinz, and Council Liaison J. Glendening.
A quorum was present.
c.Agenda Approval
Chariman Twait noted the following revisions to the agenda and packet:
Add to Item 6. a. & 6. b. Resolution Nos. PZ16-39 & PZ16-40
•Amendment Memorandum
•Correspondence from Property Owner
Add to Item 8. a. Resolution No. PZ16-44
•Revised Map
Move item 6. c. to be considered before item 6. a.
MOTION:
Commissioner Askin MOVED to approve the agenda with the revisions to the agenda and packet
and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED.
d.Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda; Commissioner Springer
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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.
e. *Excused Absences – None.
2. *APPROVAL OF MINUTES: January 11, 2017
Minutes were approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None.
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS:
c. PZ16-43 - Application for a Conditional Use Permit for a dog daycare which
provides grooming, training and overnight care for the property known as G. L.
19, 20, & 21, Sec. 6, T5N, R11W, (11888 Kenai Spur Hwy., Unit 1) Kenai,
Alaska. Application submitted by Lizz Giver, d/b/a Woof Pack Grooming &
Daycare, P.O. Box 3218, Soldotna, AK 99669.
[Clerk’s Note: This item was moved to be considered first at approval of the agenda.]
City Planner Kelley reviewed his staff report, which indicated staff found the proposal satisfied the
review criteria and recommended approval with the following conditions:
• Applicant must comply with all Federal, State, and local regulations.
• Prior to operation, the applicant must obtain a commercial kennel license from Animal
Control pursuant to Kenai Municipal Code section 3.05.10(7)(a).
• Prior to any construction, the applicant must obtain a Building Permit for any work
requiring a Building Permit.
• Dog Day Care business hours shall be from 8:00 a.m. to 7:00 p.m., Monday through
Saturday.
• Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code section 14.20.150(f).
• If there is a change of use for the above described property, a new Conditional Use
Permit must be obtained pursuant to Kenai Municipal Code section 14.20.150(i)(5).
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-43 and Commissioner Askin
SECONDED the motion.
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Commission Chair Twait opened the public hearing
Applicant Lizz Giver clarified that commercial chain link fencing with privacy slats would be utilized
and noted that, though the premises wouldn’t be staffed overnight surveillance cameras would be
in place and the animals viewable through the ‘Petcube’ phone application.
Animal Control noted that once the public comment period closed, they would be able to view the
premises and issue their decision; had approximately seventeen days to accomplish their tasks.
There being no one else wishing to speak, public hearing was closed.
VOTE:
YEA: Springer, Fikes, Halstead, Twait, Peterson, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the fifteen-day appeal period.
a. PZ16-39 – Application for an After the Fact Amendment of PZ05-35 (PZ03-32), a
Conditional Use Permit for the Extraction of Natural Resources below the water
table and the operation of a Sand and Gravel Pit for the property located at 2369
Beaver Loop Road; further described as Tract A1, Beaver Loop Acres Addition No.
1. Application submitted by James Doyle on behalf of Mary Doyle, 2243 Beaver
Loop Road., Kenai, AK 99611. [Clerk’s Note: This item was continued from the
January 11, 2017 meeting.]
It was noted the staff report had been given at the January 11 meeting; requested whereas be
added to the resolutions; available to answer questions.
It was noted that the public hearing was properly noticed for this meeting.
Commission Chair Twait opened the public hearing.
Don Moffits added that the adjacent property the City owned wasn’t worth anything, thus the ten-
foot buffer would not be a big deal. Also noted that the ten-foot buffer was consistent with the
other adjacent gravel pits; pointed out that a portion of the site had been reclaimed as duck habitat
and permits would be required to fill the pond back in with material.
There being no one else wishing to speak, the public hearing was closed.
It was clarified that each gravel pit was different depending on the amount of material available
and reclamation plans go into effect once the desired material had been extracted. It was also
noted the area within the 150-foot buffer was included in the reclamation plan.
MOTION TO AMEND :
Commissioner Askin MOVED to amend by adding a whereas clause immediately before the
Conditions of Approval, that read, “Whereas, a Public Hearing was held on January 11, 2017 and
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was continued until January 25, 2017, and said public hearing was duly advertised as required
by the Kenai Municipal Code 14.20.280 and was conducted by the Planning and Zoning
Commission on January 25, 2017; and,” and Commissioner Fikes SECONDED the motion.
VOTE:
YEA: Peterson, Springer, Fikes, Twait, Halstead, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION:
YEA: Peterson, Springer, Fikes, Halstead, Greenberg, Askin, Twait
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the fifteen-day appeal period.
b. PZ16-40 – Application for an After the Fact Variance to Setbacks for the Extraction
of Natural Resources below the water table within 10 (ten) feet of the Rear Property
Line, where 150 (one hundred and fifty) feet is required for the property located at
2369 Beaver Loop Road; and further described as Tract A1, Beaver Loop Acres
Addition No. 1. Application submitted by James Doyle on behalf of Mary Doyle,
2243 Beaver Loop Road., Kenai, AK 99611. [Clerk’s Note: This item was continued
from the January 11, 2017 meeting.]
It was noted the staff report had been given at the January 11 meeting; nothing to add; available
to answer questions.
Commission Chair Twait opened and closed the public hearing; there was no one wishing to
testify
It was suggested that there would be more damage trying to put the buffer back; there was
minimal amount of impact to the adjacent property; other gravel pits buffers were at the same
distance.
MOTION TO AMEND :
Commissioner Askin MOVED to amend by adding a whereas clause immediately before the
Conditions of Approval, that read, “Whereas, a Public Hearing was held on January 11, 2017 and
was continued until January 25, 2017, and said public hearing was duly advertised as required
by the Kenai Municipal Code 14.20.280 and was conducted by the Planning and Zoning
Commission on January 25, 2017; and,” and Commissioner Halstead SECONDED the motion.
VOTE:
YEA: Peterson, Springer, Fikes, Halstead, Twait, Greenberg, Askin
NAY:
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MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION:
YEA: Peterson, Springer, Fikes, Twait, Halstead, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the fifteen-day appeal period.
c. PZ16-43 - Application for a Conditional Use Permit for a dog daycare which
provides grooming, training and overnight care for the property known as G. L.
19, 20, & 21, Sec. 6, T5N, R11W, (11888 Kenai Spur Hwy., Unit 1) Kenai,
Alaska. Application submitted by Lizz Giver, d/b/a Woof Pack Grooming &
Daycare, P.O. Box 3218, Soldotna, AK 99669.
[Clerk’s Note: This item was moved to be considered before item 6.a. at approval of the
agenda.]
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. PZ16-44 – Application for a Transfer of a Conditional Use Permit PZ97-38 (PZ88-
16) for Surface Extraction of Natural Resources (Gravel Pit) from Zubeck, Inc,
Transferor, to Beaver Loop Pit LLC, Transferee.
City Planner Kelley reviewed his staff report, which noted the transferor and transferee were same
operator and recommended approval with the following conditions:
• Facility be licensed by the State of Alaska and managed in compliance with State
licensing requirements;
• Applicant must comply with all Federal, State, and local regulations;
• Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code section 14.20.150(f);
• If there is a change of use for the above described property, a new Conditional Use
permit must be obtained pursuant to Kenai Municipal Code 14.20150(i)(5).
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-44 and Commissioner
Springer SECONDED the motion.
It was clarified that in the past City staff didn’t annually inspect gravel pits; the Kenai Peninsula
Borough did; City Planner wanted to start inspecting gravel pits annually.
Halstead noted he had a working relationship with the Zubecks but felt he could be impartial with
his decision and added that he did not stand to gain financially if the Resolution was approved.
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Commission Chair Twait ruled Commissioner Halstead was allowed to vote.
It was clarified that there would not be a requirement for property corners and property lines to
be marked for inspection unless there was a question.
VOTE:
YEA: Peterson, Twait, Springer, Fikes, Halstead, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
b. PZ17-01 – Application for a Transfer of a Conditional Use Permit PZ03-43 (amended
by PZ 05-03) for Hotels, Motels, Restaurant, Bar, Food Vendors, Bakery,
Theatre/Commercial Recreation, Recreational Vehicle Park, and Common Interest
Ownership Community (Condominium Project) from Kenai Landing, Inc., Transferor,
to PRL Logistics, Inc., Transferee.
City Planner Kelley reviewed his staff report, which indicated this Conditional Use Permit
recognized condominium ownership and use and staff recommended approval with the following
conditions:
• Facility be licensed by the State of Alaska and managed in compliance with State
licensing requirements;
• Applicant must comply with all Federal, State, and local regulations;
• Submit State of Alaska, Department of Environmental Conservation documentation
of approval for septic systems and water systems for the conditional uses;
• Provide landscape/site plans for review and approval when applications for building
permits are submitted;
• Provide landscape/site plan for the recreation vehicle park for review and approval;
• If the recreational vehicle sites are increased in the future, submit landscape/site plan
for approval;
• Mark all buildings with proper unit number not less than four inches (4”);
• Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code section 14.20.150(f);
• If there is a change of use for the above described property, a new Conditional Use
permit must be obtained pursuant to Kenai Municipal Code 14.20150(i)(5).
• All streets within the development must be maintained by the CIOC.
MOTION:
Commissioner Halstead MOVED to approve Resolution No. PZ17-01 with recommended
conditions and Commissioner Askin SECONDED the motion.
It was clarified that the transfer of ownership accomplished in 2005 did not include the units being
transferred with this resolution. It was further clarified that a transfer was accomplished when the
first two condominium lots were purchased, but not the subsequently purchased lots and this
resolution rectified that.
VOTE:
Page 6 of 37
YEA: Peterson, Springer, Fikes, Halstead, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Glendening reviewed the action agenda from the January
18 Council Meeting noting approval of increased appropriations for the Personal Use
Fishery for startup money for the 2017 season as the season falls on the threshold of fiscal
years; authorized a purchase of 80 acres north and west of the airport; authorized the
purchase of 2.7 acres in the Beaver Creek area to provide wellhead protection; adopted
a policy on Council’s use of mobile devices; authorized a rearranged sale of the Bowling
Alley property; appointed Shauna Thornton and Charlie Stephens to the Parks &
Recreation Commission. Also reported that at their January 24 Work Session, there was
discussion regarding selling a portion of Lawton acres in which an agreement had been
reached with the neighborhood’s residents.
b. Borough Planning – Council Member Glendening reported on actions from the January 23
Planning Commission meeting, noting the following:
• Supported the acquisition of access easements from the State of Alaska in a Flood
Risk Management Zone;
• Plat committee approved one preliminary plat.
c. Administration – City Planner M. Kelley noted administration was looking at developing a
land sale policy and amending Kenai Municipal Code where necessary; would be
distributing a bound copy of the adopted Comprehensive Plan soon.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: February 8, 2017
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Askin suggested meetings begin at 6:00 p.m.
Commissioner Peterson thanked Council Member Glendening and staff for their reports.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 8:22 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC, Deputy City Clerk
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STAFF REPORT
To: Planning & Zoning Commission
Date: February 8, 2017 Res: PZ17-02
GENERAL INFORMATION
Applicant: City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Submitted by: Segesser Surveys
30485 Rosland Street
Soldotna, AK 99611
Requested Action: Original Preliminary Subdivision Plat – Kenai Meadows
Existing Legal
Description: That portion of the SE ¼ Lying East of Mommsen
Subdivision Addition No. 2, Section 25, T6N, R11W
Proposed Legal
Description: Lot 1, 2, and Tract A Kenai Meadows
Street Address: 2300 Redoubt Avenue
KPB Parcel No.: 03901018
Existing Zoning: (RR) Rural Residential
Current Land Use: Vacant
Land Use Plan: Suburban Residential
ANALYSIS
The proposed plat would create two approximately 1.2 acre parcels, shown as
Lots 1, and 2. The subject plat would also create an approximately 74-acre
parcel shown as Tract A. Presently, the subject parcel is an aliquot parts parcel
and is approximately 77 acres in size. The subject parcel is bound to the south
by Redoubt Avenue and Fifth Street to the east. It is further bound by the Kenai
City Limits to the north and Nightingale Street to the west.
Pursuant to Ordinance No. 2899-2016, Lots 1 and 2 are being created from the
existing aliquot parts parcel for the purposes of donating them to Kenai Peninsula
Housing Initiative. The newly created lots would be utilized for the development
of income restricted and senior housing, which would be owned and operated by
Kenai Peninsula Housing Initiative.
Page 9 of 37
PZ17-02 Staff Report Page 2
The subject parcel is zoned Rural Residential, therefore, pursuant to Kenai
Municipal Code 14.24.010 the minimum lot size is 20,000 square feet. As
proposed, Lots 1, 2, and Tract A would meet the minimum lot size. Furthermore,
the new lots would also meet the minimum lot width of 90 feet as required by the
Rural Residential Zoning.
Water and sewer would serve the new subject Lots 1 and 2 and well as the
reconfigured Tract A, which is presently located on Redoubt Avenue. Driveway
access for the subject lots would be taken from Redoubt Avenue. Therefore, an
installation agreement would not be required.
The proposed preliminary plat would also dedicate an additional 30-foot right-of-
way along Fifth Street, thereby creating a 60-foot right-of-way. Tract A,
according to Plat KN 76-66 that is located to the west of the subject plat does not
contain a right-of-way along its eastern property line. The subject plat would
dedicated a 30-foot right-of-way for that portion of Tract A according to Plat KN
76-66 along the eastern property line. Thus, only half a right-of-way would be
dedicated along Tract A according to Plat KN 76-66.
RECOMMENDATIONS
The Planning and Zoning staff recommend approval with the following
requirements:
a. Further development of the property shall conform to all Federal, State
and local regulations.
b. The City of Kenai must sign the final plat as property owner.
c. The preliminary plat should be revised to reflect Paul Ostrander as the
City Manager of the City of Kenai.
d. Tract A, according to KN 76-66 as shown to be outside the preliminary plat
should be revised to show that a 30-foot right-of-way is not located along
its eastern property line.
ATTACHMENTS:
1. Resolution No. PZ17-02
2. Preliminary Plat
3. Ordinance No. 2899-2016
3. Application
4. Map
Page 10 of 37
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-02
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat of KENAI MEADOWS was referred to the City of Kenai
Planning and Zoning Commission on February 8, 2017, and received from Segesser
Surveys; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Rural Residential and therefore subject to said zone conditions.
2. Plat does not subdivide property within a public improvement district subject to special
assessments. There is not a delinquency amount owed to the City of Kenai for the
referenced property.
3. Installation agreement or construction of improvements is not required.
4. Status of surrounding land is shown.
5. Utility easements, if required, shall be shown.
6. Surveyor shall verify that no encroachments exist. If an encroachment exists; the plat
does not create nor increase the encroachment.
7. Street names designated on the plat are correct.
8. CONDITIONS:
a. Further development of the property shall conform to all Federal, State and local
regulations.
b. The City of Kenai must sign the final plat as property owner.
c. The preliminary plat should be revised to reflect Paul Ostrander as the City
Manager of the City of Kenai.
d. Tract A, according to KN 76-66 as shown to be outside the preliminary plat should
be revised to show that a 30-foot right-of-way is not located along its eastern
property line.
Page 11 of 37
Resolution No. PZ17-02
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE KENAI MEADOWS, SUBJECT TO
ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 8th day of February, 2017.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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6A .
500 '
Date: 2/3/2017
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
1 inch equals 494 feet
That Portion of the SE 1/4 LyingEast of Mommsen Sub. Addn. No. 2
Subject Parcel
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-03
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
RECOMMENDING A RESOLUTION TO THE COUNCIL OF THE CITY OF KENAI,
CONSENTING TO AN AMENDMENT CHANGING THE PURPOSE SET FORTH IN THE LEASE
OF CERTAIN CITY-OWNED PROPERTY DESCRIBED AS LOT 3, BLOCK 1, GUSTY
SUBDIVISION FROM RESTAURANT TO RETAIL BUSINESS.
WHEREAS, on May 3, 1978, the City entered into a Lease of Airport Lands or Facilities with
YOSHI and RUTH SHIOHIRA for City-owned lands described as follows:
Lot Three (3), Block One (1), GUSTY SUBDIVISION, according to
the official plat thereof, filed under Plat No. K-1700, Records of the
Kenai Recording District, Third Judicial District, State of Alaska; and
WHEREAS , said Lease of Airport Lands or Facilities, hereinafter referred to as Lease, was
recorded in Book 125 at Pages 463 – 471, on May 30, 1978, in the Kenai Recording District, Third
Judicial District, State of Alaska; and,
WHEREAS, the Lease was assigned to Ronald S. Yamamoto and Cathrine Collette Yamamoto,
and recorded on December 27, 1978 in Book 137 at Page 459; and,
WHEREAS, the Lease was assigned to L & M Ventures, Inc., and recorded on December 8, 1998,
in Book 547 at Page 082; and,
WHEREAS, on September 3, 2015, L & M Ventures, Inc., Michael J. Lott, Natasha L. Lott, and
Nina L. Marion, Assignors, assigned their interest in the Lease to Judilee Forrest, Assignee, by
that certain Assignment of Lease, recorded on September 15, 2015, document number 2015-
008154-0; and,
WHEREAS, there have been six (6) Amendments of Lease to reflect renegotiated rental
payments; and,
WHEREAS, said Amendments to Lease were recorded on August 3, 1988, in Book 331 at Page
555; recorded on April 10, 1992, in Book 397 at Page 718; recorded on May 13, 1997, in Book
505 at Page 948; recorded on July 30, 2002, document number 2002-007063-0; recorded on
November 2, 2007, document number 2007-011711-0; and recorded May 18, 2012, document
number 2012-004622-0; and,
WHEREAS, an Amendment to Lease was recorded on January 14, 1998, in Book 549 at Pages
845 – 848, to amend the insurance requirements as set forth in the original Lease; and,
WHEREAS, on October 21, 2016, Ordinance 2923-2016 relocated the Airport Reserve Boundary
and the subject lot was removed from within the Airport Reserve Boundary; however, said parcel
is still designated as Airport Land; and,
WHEREAS, the original Lease stipulated that the purpose of the Lease was a restaurant; and
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WHEREAS, the establishment located on the leased property is no longer being used as a
restaurant; therefore, the Lessee, Judilee Forrest, has requested that the Lease be amended to
reflect that the purpose is a retail business; and,
WHEREAS, pursuant to Kenai Municipal Code 21.15.070, no leased land may be changed in
use, nor may any renewal lease be issued until the proposed use or renewal has been reviewed
by the Planning and Zoning Commission and approved by the City Council.
NOW, THEREFORE, BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA, THAT A RESOLUTION TO THE COUNCIL OF THE CITY OF KENAI, BE APPROVED
OF CONSENTING TO AN AMENDMENT CHANGING THE PURPOSE SET FORTH IN THE
LEASE OF CERTAIN CITY-OWNED PROPERTY DESCRIBED AS LOT 3, BLOCK 1, GUSTY
SUBDIVISION FROM RESTAURANT TO RETAIL BUSINESS.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 8th day of February, 2017.
CHAIRPERSON:
Jeff Twait, Chairperson
ATTEST:
Sandra Modigh, City Clerk
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ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
FEBRUARY 1, 2017 – 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. Roll Call
3. Recognition of Volunteer Services for Phillip Morin
4. Agenda Approval
5. 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 and Linda Giguere – Update and Explanation of what Cook
Inlet Regional Citizen’s Advisory Council is and Does, and why John Williams
Represents the City.
2. Alaska Permanent Capital Management – Performance Review of City
Permanent Fund Investments, Establishment of 2017 Investment Allocation
and Benchmarks, and 2017 Economic Outlook. [Clerk’s Note: APC has
requested additional speaking time of up to 25 minutes.]
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. 2017-05 – Pertaining to the
Authorized Investments of, the Investment Allocations of, and Establishing
Appropriate Benchmarks to Measure Performance of the City’s Permanent
Funds for Calendar Year 2017.
2. ADOPTED UNANIMOUSLY. Resolution No. 2017-06 – Authorizing the
Amended Sale of Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition, City-
Owned Airport Property Located Outside the Airport Reserve, to Dean You, or
His Assignee.
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E. MINUTES
1. APPROVED BY THE CONSENT AGENDA.*Regular Meeting of January 18,
2017
F. UNFINISHED BUSINESS
1. POSTPONED TO 2/15/2017. Resolution No. 2017-03 – Establishing a Sub-
Committee of Council for the Purpose of Improving Efficiency in the
Supervision of the City Attorney, City Clerk and City Manager and Approving
Council Policy 2017-02 Establishing Procedures and Responsibilities of the
Sub-Committee. [Clerk’s Note: This resolution was postponed from the
January 18th meeting; a motion to enact is on the floor.]
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA.*Action/Approval – Bills to be
Ratified.
2. REMOVED FROM THE AGENDA. *Action/Approval – Purchase Orders
Exceeding $15,000.
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Non-
Objection of the Liquor License Renewals for the Following:
• 2 Go Mart #206
• Peninsula Oilers
• The Cannery Lodge
4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 2/15/2017.
*Ordinance No. 2939-2017 – Decreasing Estimated Revenues and
Appropriations by $35,000.00 in the Parks Improvement Capital Project Fund
and by $20,000.00 in the Kenai Recreation Center Improvements Capital
Project Fund for Postponed Capital Projects and Authorizing Budget Transfers
in the Parks Improvement Capital Project Fund, the Cemetery Improvements
Capital Project Fund, the Comprehensive Plan Capital Project Fund, the City
Hall Improvements Capital Project Fund and the Trail Construction Capital
Project Fund for the Transfer of Remaining Balances from Completed or
Postponed Capital Projects to the General Fund.
5. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 2/15/2017.
*Ordinance No. 2940-2017 – Accepting and Appropriating Additional Funds
from the Federal Aviation Administration for the Small Taxiways and Aircraft
Tie-Down Rehabilitation 2015-2016 Project.
6. GLENDA FEEKEN RE-APPOINTED TO THE AIRPORT COMMISSION.
Action/Approval – Mayoral Nomination and Council Confirmation to Appoint
Glenda Feeken to the Airport Commission.
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7.SPECIAL USE PERMIT APPROVED. Action/Approval – Special Use Permit
for the Challenger Learning Center of Alaska to Continue Use of a Donation
Kiosk in the Kenai Airport Terminal.
8.SPECIAL USE PERMIT APPROVED. Action/Approval – Special Use Permit
for Evert’s Air Fuel Inc. for Equipment Parking and Container Storage.
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
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.EXECUTIVE SESSION
1.ITEM NOT DISCUSSED. Discussion of an Offer to Purchase Property Located
at 10639 Kenai Spur Highway, Kenai AK also known as Lot 3A, Block 1, Spur
Subdivision No. 1, 1983 Addition (the old Bowling Alley), 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.
M.PENDING ITEMS
1.Ordinance No. 2932-2016 – Donating and Declaring no Longer Needed for a
Public Purpose a Certain Parcel Described as Lot 17, Block 5, Original
Townsite of Kenai, (KPB Parcel No. 047-071-21) to the Kenaitze Indian Tribe.
[Clerk’s Note: This ordinance was postponed from the January 4th meeting and
again from the January 18th to the February 15th meeting; a motion to enact is
on the floor.]
N. ADJOURNMENT
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INFORMATION ITEMS
1.Purchase Orders between $2,500 and $15,00 for Council Review.
2.Correspondence from Wreaths Across America.org thanking the City for its
donation.
3.Correspondence from the Kenai Peninsula Economic Development Board of
Directors thanking the City for its support with the 2017 Industry Outlook
Forum.
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.
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MEMO:
TO: Planning & Zoning Commission
THRU: Matt Kelley, City Planner
FROM: Wilma Anderson, Planning Assistant
DATE: February 2, 2017
SUBJECT: Code Enforcement Action
2016 Fourth Quarter Report
Planning & Zoning currently has 4 active code cases:
Junk Vehicles 2
Debris & Junk 0
Garbage 0
Building Code Violation* 1
Miscellaneous Code Violation 1
Cases transferred to Legal Department/Civil
Penalties being assessed.
0
TOTALS: 4
Code Enforcement Action during the months of Oct. – Dec. 2016:
Closed Cases 7
Opened Cases 0
*Administration is working with the property owner to eliminate the building code violation on
her property.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
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