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HomeMy WebLinkAbout2017-06-14 Planning & Zoning Packet AGENDA KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING June 14, 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. *May 24, 2017 .................................................................................................... 1 3. SCHEDULED PUBLIC COMMENT: None 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 5. CONSIDERATION OF PLATS: a. PZ17-22 – Original Preliminary Plat of Thompson Park Subdivision Pettey Replat submitted by Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611, on behalf of Jay and Shirley G. Pettey, 590 Dolchok Lane, Kenai, AK 99611 ..................... 13 6. PUBLIC HEARINGS: a. PZ17-17 - Application for a Conditional Use Permit to construct a residential income based six family dwelling unit located in Kenai, Alaska, and further described as Lot 2, Kenai Meadows. The application was submitted by Kenai Peninsula Housing Initiatives, 3751 Sterling Highway, Homer, Alaska 99603 ........................................................................................................................ 21 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: a. Discussion/Recommendation – Lease Renewal by Dewayne Benton for a period of five years on the property located at 170 Granite Point Court. .................... 39 9. PENDING ITEMS: None 10. REPORTS: a. City Council ...................................................................................................... 79 b. Borough Planning ..................................................................................... 83 c. Administration 11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 12. INFORMATIONAL ITEMS: None 13. NEXT MEETING ATTENDANCE NOTIFICATION: June 28, 2017 14. COMMISSION COMMENTS & QUESTIONS: 15. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS MAY 24 , 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, G. Greenberg, V. Askin, J. Twait Staff/Council Liaison present: City Planner M. Kelley, Acting City Clerk J. Heinz, and Council Liaison B. Molloy A quorum was present. c. Agenda Approval Commission Chair Twait noted the following revisions to the packet: Add to Item 6. a. Resolution PZ17-10 • Correspondence from Michael and Joyce Nelson Add to Items 6. b. – g. Resolutions PZ17-12 thru PZ17-16, and PZ17-19 • Memo from staff MOTION: Commissioner Springer MOVED to approve the agenda and Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Askin MOVED to approve the consent agenda; Commissioner Greenberg 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 Page 1 of 89 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 – J. Halstead, K. Peterson, D. Fikes 2. *APPROVAL OF MINUTES: May 10, 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: a. PZ17-10 - Application for a Conditional Use Permit to operate an approximately 500- square-foot Marijuana Cultivation Facility, Limited, within an existing approximately 576 square foot detached garage; located on the property known as 1030 Angler Drive, Kenai, AK 99611, and further described as Lot 2, James H Cowan Subd. Application submitted by: Kathryn Staskon, 1030 Angler Dr., Kenai, Alaska 99611. City Planner Kelley reviewed his staff report provided in the packet noting the Conditional Use Permit would allow a Marijuana Cultivation Facility, Limited in a detached garage, which, based on the review of criteria found that the permit could be approved with the following conditions: • Further development of the property shall conform to all Federal, State, and local regulations; • A building permit will be required for the construction of the Commercial Marijuana Establishment as shown on the submitted floor plan and to recognize the construction of the existing detached garage; • Prior to operation of the facility, an Encroachment Permit for the existing detached garage will need to be reviewed and approved by the Planning Commission; • Prior to operation of the facility, the property owner shall submit a copy of the approved and fully executed license for the Marijuana Cultivation Facility, Limited. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board; • There are to be no signs placed on the subject parcel or on the subject Commercial Marijuana Establishment, which advertises its use on the property; • All security lighting for the establishment shall be downcast and shielded; • Pursuant to KMC 14.20.330(e), the establishment shall not emit an odor that is detectable by the public from outside the establishment; • Pursuant top KMC 14.20.150(f), the applicant shall submit an annual report to the City. MOTION: Page 2 of 89 Commissioner Springer MOVED to approve Resolution No. PZ17-10 and Commissioner Greenberg SECONDED the motion. Commission Chair Twait opened the public hearing. Greg Anderson spoke against the operation of the facility noting most of the residents in the area were against it and that the use didn’t fit with the neighborhood; suggested there was no precedent for the staff’s finding that the property values wouldn’t be affected. Katherine Staskon explained that she had always had a passion for horticulture and the business was an extension of that and being used to make money from home which the guides in the area were also able to do. She pointed out that her business wouldn’t have walk up customers or signage and it wouldn’t be visible from the street that the property was anything but a residence. Ms. Staskon also provided an overview of her business plan and clarification on the state regulations requiring the Conditional Use Permit, security, and testing. Amber Buta, Staskon’s sister, spoke in favor of her sister’s endeavor pointing out that Alaskans came together to allow for commercial marijuana; noted her sister was a responsible and reliable person, was following the legally applicable processes, and seeking the permits to run her business legally. Debra Shuey spoke against the operation of the facility noting that she had testified in the past, when the regulations were being developed, that the areas being allowed for commercial marijuana needed to be thought about; expressed having a cultivation facility in her residential area would be a worst case scenario. Also noted that she was of Baha’i faith, a religion that met in homes and that youth walked the neighborhood streets; expressed concern for the security of the neighborhood. Aaron Langlois spoke in favor of the business noting that his internet based research on land values in other states found that property values were not decreasing but increasing when in proximity to marijuana establishments except warehouses, which did show a decrease; clarified the business was a residential garage. Helen Groeneveld expressed concern about the German Shepherd dogs that the business owner mentioned having and wanted to know if they would be restrained as other residents in the neighborhood walked their dogs. It was confirmed that the business owner would have proper restraining for the dogs. There being no one else wishing to speak, the public hearing was closed. It was clarified that the property met the 40,000 square foot requirement, but not required to as it was a Cultivation Facility - Limited; no fencing required as the entire facility was enclosed; also clarified that driveway easements were forever. It was noted that the nature of the Conditional Use Permit was that if the conditions weren’t met, the permit would go back to the Planning and Zoning Commission for review and that the permittee had to submit annual reports showing compliance. Commissioner Springer noted the application appear to meet the criteria and would be voting in favor. Page 3 of 89 Commission Chair Twait noted the new industry could be difficult to embrace; felt the application met the criteria. Also noted that the industry needed to be scrutinized and the Conditional Use Permit provided the needed reviews; would be voting in favor. VOTE: YEA: Greenberg, Askin, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. Commission Chair Twait noted the fifteen-day appeal period. b. PZ17-12 - Application for a Conditional Use Permit to operate an airport utilizing the current/historically use hangar facility on the property, tie downs for small aircraft, staging, light maintenance for small aircraft (up to a Twin Otter) and fueling; located on the property known as 2270 Royal Street, Kenai, Alaska, 99611, and further described as Tract A, Dragseth Subdivision 2016 Addition. Application submitted by PRL Logistics, LLC, 421 W. 1st Ave., Suite 250, Anchorage, AK 99501 City Planner Kelley reviewed his staff report provided for Resolutions PZ17-12, 13, 14, 15, 16, and 19 in the packet noting the permits would allow a proposed private lodge, professional office, and private use airport and, based on the review of criteria, found that the permit could be approved with the following conditions: • Further development of the property shall conform to all Federal, State, and local regulations; • The operation of the Limited Use Airport (Airstrip) shall comply with all regulations of the FAA; • The US Corps of Engineers shall approve the filling or impact to any wetlands; • Prior to operation of the airstrip, PRL, Inc. shall submit an operational plan for review by the City. Every two years following the submittal of the first operational plan, a revised Plan shall be submitted to the City of Kenai for review; any revisions to the operational plan will require approval of the City Manager before their implementation; • The existing airstrip shall remain a grass surface vegetated with Alaska native grasses and there shall be no placement of fill material on the subject parcels without an amendment to the Conditional Use Permit and approval of the Planning and Zoning Commission; • The footprint shall not be expanded without an amendment to the Conditional Use Permit and approval of the Planning and Zoning Commission; • Within 16-months of the issuance of the Conditional Use Permits, the existing post and chain fence that is fronting the dunes shall be extended south to Royal Street by PRL, Inc. The posts and chain fence shall be of similar materials and colors and shall be subject to inspection by the City of Kenai after their installation; • The operation of the Limited Use Airport or Airstrip shall at no time damage or impact the dune area to the west of the Airstrip. There shall be no construction or the placement of any material on or in the dune area. PRL, Inc. shall remedy any damages done to the dunes because of the operation or construction of the Limited Use Airport or Airstrip to the satisfaction of the City of Kenai; Page 4 of 89 • The loading or unloading of aircraft or airships shall take place during the period between morning civil twilight and the end of evening civil twilight at the south end of the existing Airstrip; • Unless for safety or weather conditions the flight path for all aircraft approaching or departing the Airstrip shall be located over the waters of Cook Inlet; • At no time shall the use of any aircraft or airships endanger any participants of the Personal Use Fishery; • At no time shall there be any hazing or disturbing of any migratory birds utilizing the wetland areas to the north or east of the existing Airstrip; • Until such time as a Subdivision Plat is recorded, the use of that portion of Tract B Dragseth Subdivision and a portion of Government Lots 9-15, inclusive, and a portion of the SE ¼, SE ¼, NE ¼, Section 7, T5N, R11W for a Limited Use Airport and Airstrip shall be restricted to the area shown on Attachment A. • At no time shall members of the public be restricted from accessing the beach area shown on Attachment A as “Area Reserved for Public Access Easement”; • Prior to operation of the restaurant or lodge, the applicant shall submit documentation from the Alaska DEC of approval for the septic and water systems for the Conditional Uses; • Prior to operation of the lodge or bed and breakfast, the City of Kenai Fire Marshal shall inspect the premises compliance with the International Fire Code. Thereafter, the City of Kenai Fire Marshal shall inspect the premises every other year pursuant to KMC 147.20.321; • Until such time as it expires, the Conditional Use Permits shall also be subject to the conditions of approval in the Special Use Permit issued as a part of Resolution No. 2017-20; • Loud music and other loud noises related to assemblage shall not occur between the ours of 8:00 P.M. and 9:00 A.M. Sunday through Thursday and 11:00 P.M. through 9:00 A.M. Friday through Saturday; • Operation of the professional office shall be subject to the requirements of this Conditional Use Permit; • Pursuant to KMC 14.20.150(f), the applicant shall submit annual reports to the City of Kenai. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ17-12 and Commissioner Askin SECONDED the motion. Commission Chair Twait opened the public hearing; there being no one wishing to speak, public hearing was closed. MOTION TO AMEND : Commissioner Springer MOVED to amend by replacing condition #9 to read as follows, “Loading or unloading of all aircraft or airships shall not unreasonable interfere with the enjoyment of neighboring private property given their residential character,” and Commissioner Greenberg SECONDED the motion. It was clarified that the Planning and Zoning Commission or the nuisance laws in Kenai Page 5 of 89 Municipal Code would determine what was “unreasonable.” VOTE ON THE AMENDMENT: YEA: Greenberg, Askin, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Greenberg, Askin, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. Commission Chair Twait noted the fifteen-day appeal period. c. PZ17-13 Application for a Conditional Use Permit to operate a private lodge in the existing single-family residence which could be used as a bed & breakfast, vacation rental home, hotel, and general living quarters; located on the property known as 2270 Royal Street, Kenai, Alaska, 99611, and further described as Tract A, Dragseth Subdivision 2016 Addition. Application submitted by PRL Logistics, LLC, 421 W. 1st Ave., Suite 250, Anchorage, AK 99501. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ17-13 and Commissioner Askin SECONDED the motion. Commission Chair Twait opened the public hearing; there being no one wishing to speak, public hearing was closed. MOTION TO AMEND : Commissioner Springer MOVED to amend by replacing condition #9 to read as follows, “Loading or unloading of all aircraft or airships shall not unreasonable interfere with the enjoyment of neighboring private property given their residential character,” and Commissioner Greenberg SECONDED the motion. VOTE ON THE AMENDMENT: YEA: Greenberg, Askin, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Greenberg, Askin, Twait, Springer Page 6 of 89 NAY: MOTION PASSED UNANIMOUSLY. Commission Chair Twait noted the fifteen-day appeal period. d. PZ17-14 - Application for a Conditional Use Permit to operate assemblies which could consist of weddings, private parties, and other outdoor events located on the property known as 2270 Royal Street, Kenai, Alaska, 99611, and further described as Tract A, Dragseth Subdivision 2016 Addition. Application submitted by PRL Logistics, LLC, 421 W. 1st Ave., Suite 250, Anchorage, AK 99501 MOTION: Commissioner Springer MOVED to approve Resolution No. PZ17-14 and Commissioner Askin SECONDED the motion. Commission Chair Twait opened the public hearing; there being no one wishing to speak, public hearing was closed. MOTION TO AMEND : Commissioner Springer MOVED to amend by replacing condition #9 to read as follows, “Loading or unloading of all aircraft or airships shall not unreasonable interfere with the enjoyment of neighboring private property given their residential character,” and Commissioner Askin SECONDED the motion. VOTE ON THE AMENDMENT: YEA: Greenberg, Askin, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Greenberg, Askin, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. Commission Chair Twait noted the fifteen-day appeal period. e. PZ17-15 – Application for a Conditional Use Permit to operate professional offices for PRL staff and contractors; located on the property known as 2270 Royal Street, Kenai, Alaska, 99611, and further described as Tract A, Dragseth Subdivision 2016 Addition. Application submitted by PRL Logistics, LLC, 421 W. 1st Ave., Suite 250, Anchorage, AK 99501 MOTION: Page 7 of 89 Commissioner Springer MOVED to approve Resolution No. PZ17-15 and Commissioner Greenberg SECONDED the motion. Commission Chair Twait opened the public hearing; there being no one wishing to speak, public hearing was closed. MOTION TO AMEND : Commissioner Springer MOVED to amend by replacing condition #9 to read as follows, “Loading or unloading of all aircraft or airships shall not unreasonable interfere with the enjoyment of neighboring private property given their residential character,” and Commissioner Greenberg SECONDED the motion. VOTE ON THE AMENDMENT: YEA: Greenberg, Askin, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Greenberg, Askin, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. Commission Chair Twait noted the fifteen-day appeal period. f. PZ17-16 - Application for a Conditional Use Permit to operate a restaurant and mobile concession; located on the property known as 2270 Royal Street, Kenai, Alaska, 99611, and further described as Tract A, Dragseth Subdivision 2016 Addition. Application submitted by PRL Logistics, LLC, 421 W. 1st Ave., Suite 250, Anchorage, AK 99501 MOTION: Commissioner Springer MOVED to approve Resolution No. PZ17-16 and Commissioner Greenberg SECONDED the motion. Commission Chair Twait opened the public hearing; there being no one wishing to speak, public hearing was closed. MOTION TO AMEND : Commissioner Springer MOVED to amend by replacing condition #9 to read as follows, “Loading or unloading of all aircraft or airships shall not unreasonable interfere with the enjoyment of neighboring private property given their residential character,” and Commissioner Askin SECONDED the motion. VOTE ON THE AMENDMENT: Page 8 of 89 YEA: Greenberg, Askin, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Greenberg, Askin, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. Commission Chair Twait noted the fifteen-day appeal period. g. PZ17-19 – Application for a Conditional Use Permit to operate an airport to be utilized for small aircraft, airship operations, cargo loading and unloading, light maintenance for small aircraft and fueling; located on property described as a portion of Tract B, Dragseth Subdivision 2016 Addition, and a portion of Government Lots 9 through 15, inclusive, and a portion of the SE ¼ SE ¼ NE ¼, Section Seven, Township 5 North, Range 11 West, Seward Meridian. Application submitted by PRL Logistics, LLC, 421 W. 1st Ave., Suite 250, Anchorage, AK 99501 MOTION: Commissioner Springer MOVED to approve Resolution No. PZ17-19 and Commissioner Greenberg SECONDED the motion. Commission Chair Twait opened the public hearing; there being no one wishing to speak, public hearing was closed. MOTION TO AMEND : Commissioner Springer MOVED to amend by replacing condition #9 to read as follows, “Loading or unloading of all aircraft or airships shall not unreasonable interfere with the enjoyment of neighboring private property given their residential character,” and Commissioner Askin SECONDED the motion. VOTE ON THE AMENDMENT: YEA: Greenberg, Askin, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. It was clarified that it was unknown when the airstrip was put into use, but had been in place for many years; also noted that the homeowner had been asked to notify the FAA in 2007 but it was unclear whether that happened or not. It was also clarified that when the tower was open, aircraft landing at the airstrip needed tower approval and when the tower was closed, aircraft landed at the airstrip at their own risk. Page 9 of 89 VOTE ON THE MAIN MOTION: YEA: Greenberg, Askin, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. Commission Chair Twait noted the fifteen-day appeal period. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: a. Discussion – Ordinance No. 2960-2017 Amending Kenai Municipal Code 14.25.015- Landscaping/Site Plan for Land Clearing, and Kenai Municipal Code14.25.020-Application, to Prohibit Land Clearing of More Than Twenty Percent of a Parcel Without an Approved Landscaping/Site Plan Kelley reported that the ordinance was a stop gap until the ordinance being worked on could be adopted which would likely be next building season. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Council Member Molloy reviewed the Action Agenda of the May 17 City Council meeting which was provided in the packet. b. Borough Planning – Borough Planning Commissioner Glendening reviewed actions from the May 22 meeting. c. Administration – City Planner M. Kelley reported on the following: • Properties donated to Habitat for Humanity had been transferred; construction would begin in the summer; • Airport leases that were up for renewal were coming forth; • Kenai Peninsula Housing Initiative had applied for their Conditional Use Permit to build low-income housing; • His office was busy with permitting and projects. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: June 14, 2017 Commissioner Springer and Chair Twait noted they would not be present. 14. COMMISSION COMMENTS & QUESTIONS: None. 15. ADJOURNMENT: Page 10 of 89 There being no further business before the Commission, the meeting was adjourned at 8:57 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC Acting City Clerk Page 11 of 89 THIS PAGE INTENTIONALLY LEFT BLANK Page 12 of 89 STAFF REPORT To: Planning & Zoning Commission Date: June 14, 2017 Res: PZ17-22 GENERAL INFORMATION Applicant: Jay L. and Shirley G. Pettey 590 Dolchok Lane Kenai, AK 99611 Submitted by: Integrity Surveys, Inc. 820 Set Net Dr. Kenai, AK 99611 Requested Action: Original Preliminary Subdivision Plat – Thompson Park Subdivision Pettey Replat Existing Legal Description: Lots 1 and 2, Block 3, Thompson Park Subdivision Proposed Legal Description: Lot 1A, Block 3, Thompson Park Subdivision Pettey Replat Street Address: 340 Thompson Place KPB Parcel No.: 04907016 Existing Zoning: Limited Commercial (CL) Current Land Use: Residence Land Use Plan: Suburban Residential ANALYSIS The new plat vacates the property line between Lots 1 and 2, Block 3, Thompson Park Subdivision, The lot line vacation will result in the proposed Lot 1A, Block 3, Thompson Park Subdivision Pettey Replat, containing approximately 23,057 square feet. The proposed lot meets the minimum lot size requirement of 12,500 square feet for the Limited Commercial zone. The reconfigured lot meets the minimum lot width of 90 feet for the Suburban Residential zone. Thompson Place road provides access to the proposed lot, which is a City maintained gravel road. The residence located on the proposed lot is serviced by a private well and septic system. Thus, an installation agreement will not be required. The applicants wish to construct an approximately 422 square foot addition to the existing residence, which is located on Lot 1, Block 3, Thompson Park Subdivision. Page 13 of 89 PZ17-22 Staff Report Page 2 The proposed addition would create a violation of Building Code and Kenai Municipal Code 14.24.020 in that the building setback requirements would not be met and the proposed addition would encroach across the property line between Lots 1 and 2. The non-compliance with building set back requirements and the encroachment would be resolved by the vacation of the property line between Lots 1 and 2. The applicants have requested that they be allowed to begin construction of the addition prior to the recordation of the proposed plat, which vacates the property line. After discussions with the applicant; Planning Administration and the Building Official have concluded that it is permissible to allow the applicants to begin construction on the addition; however, a final inspection of the premises will not be conducted until the plat has been recorded. In the event that the proposed plat which vacates the property line between the two lots is not recorded, any work that has been completed which does not comply with KMC 14.24.020 and building code must be removed or altered in order to comply with these codes. 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 name of Shirley G. “Petter” should be corrected to reflect the correct spelling of the applicant’s name. ATTACHMENTS: 1. Resolution No. PZ17-22 2. Preliminary Plat 3. Application 4. Map Page 14 of 89 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ17-22 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 THOMPSON PARK SUBDIVISION PETTEY REPLAT was referred to the City of Kenai Planning and Zoning Commission on June 14, 2017, and received from Integrity Surveys; and, WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Limited Commercial 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 name of Shirley G. “Petter” should be corrected to reflect the correct spelling of the applicant’s name. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE THOMPSON PARK SUBDIVISION PETTEY REPLAT, SUBJECT TO THE CONDITIONS OF APPROVAL SET FORTH ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 14th day of June, 2017. CHAIRPERSON: ATTEST: Jeff Twait, Chairperson Jamie Heinz, Acting City Clerk Page 15 of 89 Page 16 of 89 Page 17 of 89 Page 18 of 89 Page 19 of 89 THIS PAGE INTENTIONALLY LEFT BLANK Page 20 of 89 STAFF REPORT To: Planning & Zoning Commission Date: June 14, 2016 Res: PZ17-17 GENERAL INFORMATION Applicant: Kenai Peninsula Housing Initiatives 3751 Sterling Hwy. Homer, AK 99603 Requested Action: Conditional Use Permit – Six Family Dwelling Unit Legal Description: Lot 2, Kenai Meadows Street Address: Redoubt Avenue (the property will be addressed at such time as construction begins on the project) KPB Parcel No: 03901064 Existing Zoning: Rural Residential Current Land Use: Vacant Land Use Plan: Suburban Residential ANALYSIS General Information: Kenai Municipal Code 22.05.125 allows the Council, by Ordinance, to donate foreclosed real property that is no longer needed by the City for a public purpose, to a non-profit corporation for consideration; agreed upon between the City and grantee without a public sale if the devotion is advantageous to the City. Accordingly, the Kenai City Council granted Ordinance No. 2899-2016 approving the donation of the subject property to Kenai Peninsula Housing Initiatives. At such time as the donation was approved, the property was subdivided into three parcels. The subject lot is approximately 1.214 acres. The minimum lot size requirement for the Rural Residential zone is 20,000.00 square feet; therefore, the subject lot meets the minimum lot size requirement for the zone. The property is located in the Rural Residential Zone which provides that a Five or Six Family Dwelling is a conditional use; therefore, a Conditional Use Permit must be granted prior to commencement of the construction of the six-unit apartment community. 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: Page 21 of 89 PZ17-17 Staff Report Page 2  The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. 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 Land Use Table provides that a five or six-family dwelling is a conditional use; therefore, a Conditional Use Permit must be granted to construct a six unit apartment community in this zone. The proposed six-unit apartment community will offer two, one-bed room units; two, two-bedroom units; and two three-bedroom units. Staff finds that the proposed six-unit apartment community meets the intent of KMC14.20.150 and the intent of the Rural Residential Zoning District with respect to the proposed use as a six-unit apartment community, given compliance with the staff recommended specific conditions set forth below.  The value of the adjoining property and neighborhood will not be significantly impaired. The surrounding neighborhood consists of both single-family dwellings and multi-family dwellings. There are currently two larger apartment complexes, which front Redoubt Avenue. In addition, there is a detached four-plex located on McKinley Avenue, which is accessed directly off Redoubt Avenue. The applicant states that an independent market analysis performed by the national firm Novagradac concluded the proposed development will offer value in the market and not negatively impact the surrounding properties It is the opinion of the staff that the six-unit apartment community will not significantly impair the neighborhood, and therefore, recommends approval of the Conditional Use Permit subject to the conditions as set forth below.  The proposed use is in harmony with the Comprehensive Plan. The Comprehensive Plan designates this property as Suburban Residential, which provides for single-family and multi-family residential uses that are urban or suburban in character. The area will typically be development at a higher density; lots are typically smaller; and public water and sewer are required or planned. There are three large subdivisions located along Redoubt Avenue; namely, Woodland Subdivision, Inlet View Subdivision, and Mommsen’s Subdivision. The subject lot is larger than a majority of the lots in these subdivisions; the subject lot contains approximately 52,882 square feet, which is much larger than the required minimum lot size of 7,200 square feet as required in the Rural Residential Zoning District. Page 22 of 89 PZ17-17 Staff Report Page 3 Water and sewer services are available along Redoubt Avenue. Redoubt Avenue provides access to the proposed complex, which is a paved City maintained road. Staff finds that the land use designation as a six-unit apartment community is compatible with the neighborhood; and therefore, recommends approval of the Conditional Use Permit subject to the conditions as set forth below. Public services and facilities are adequate to serve the proposed use. The properties located along Redoubt Avenue are serviced by water, sewer, natural gas, electricity, and telephone services. Redoubt Avenue is a paved road which is maintained by the City of Kenai. Kenai Municipal Code 14.20.250(b)(8) requires that there are two parking spaces available for each unit for a total of 12 parking spaces. The attached site plan designates 12 parking spaces for residents and guests of the six-unit apartment community. Staff finds that public services and facilities are adequate to serve the proposed use; and therefore, recommends approval of the Conditional Use Permit subject to the conditions as set forth below. The proposed use will not be harmful to the public safety, health or welfare. The use of a six-unit apartment community will not be harmful to the public safety, health and welfare. Staff believes that public services are available to adequately serve the six- unit apartment community. The applicant has provided the City with a site plan, which indicates that there will be sufficient parking available for residents and guests of the complex. Access to the complex will be provided by Redoubt Avenue which is a City maintained paved road; therefore, the proposed use will not be harmful to the public safety, health and welfare. 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. See Conditions of Approval as set forth below. 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 conditions: 1. Further development of the property shall conform to all Federal, State, and local regulations. Page 23 of 89 PZ17-17 Staff Report Page 4 2. Prior to issuance of a Building Permit, a Landscape/Site plan must be reviewed and approved by the City Planner. 3. Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. 4. A biennial fire inspection must be completed by the Fire Marshall for the City of Kenai. 5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. ATTACHMENTS: 1. Resolution No. PZ17-17 2. Application 3. Floor Plan 4. Site Plan with Parking Spaces 5.Map Page 24 of 89 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ17-17 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 CONSTRUCT A RESIDENTIAL INCOME BASED SIX-FAMILY DWELLING UNIT. APPLICANT: Kenai Peninsula Housing Initiatives PROPERTY ADDRESS: Redoubt Avenue (Address Number to be Determined) LEGAL DESCRIPTION: Lot 2 Kenai Meadows KENAI PENINSULA BOROUGH PARCEL NO: 03901064 WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted and received on May 4, 2017; and, WHEREAS, the application affects land which is zoned as Rural Residential (RR); and, WHEREAS, a duly advertised public hearing as required by Kenai Municipal Code 14.20.153 was conducted by the Planning and Zoning Commission on June 14, 2017; and, WHEREAS, the applicant has demonstrated with plans and other documents that the prerequisites of a Conditional Use Permit have been met; and, WHEREAS, Kenai Municipal Code 14.20.150 details the intent and application process for conditional uses and specifies the review criteria that must be satisfied prior to issuing the permit, which are the following: (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. 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 Land Use Table provides that a five or six-family dwelling is a conditional use; therefore, a Conditional Use Permit must be granted to construct a six unit apartment community in this zone. The proposed six-unit apartment community will offer two, one-bed room units; two, two-bedroom units; and two three-bedroom units. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.kenai.city Page 25 of 89 Resolution No. PZ17-17 Conditional Use Permit Page | 2 Staff finds that the proposed six-unit apartment community meets the intent of KMC14.20.150 and the intent of the Rural Residential Zoning District with respect to the proposed use as a six-unit apartment community, given compliance with the staff recommended specific conditions set forth below. (2) The value of the adjoining property and neighborhood will not be significantly impaired. The surrounding neighborhood consists of both single-family dwellings and multi-family dwellings. There are currently two larger apartment complexes, which front Redoubt Avenue. In addition, there is a detached four-plex located on McKinley Avenue, which is accessed directly off Redoubt Avenue. The applicant states that an independent market analysis performed by the national firm Novagradac concluded the proposed development will offer value in the market and not negatively impact the surrounding properties It is the opinion of the staff that the six-unit apartment community will not significantly impair the neighborhood, and therefore, recommends approval of the Conditional Use Permit subject to the conditions as set forth below. (3) The proposed use is in harmony with the Comprehensive Plan. The Comprehensive Plan designates this property as Suburban Residential, which provides for single-family and multi-family residential uses that are urban or suburban in character. The area will typically be development at a higher density; lots are typically smaller; and public water and sewer are required or planned. There are three large subdivisions located along Redoubt Avenue; namely, Woodland Subdivision, Inlet View Subdivision, and Mommsen’s Subdivision. The subject lot is larger than a majority of the lots in these subdivisions; the subject lot contains approximately 52,882 square feet, which is much larger than the required minimum lot size of 7,200 square feet as required in the Rural Residential Zoning District. Water and sewer services are available along Redoubt Avenue. Redoubt Avenue provides access to the proposed complex, which is a paved City maintained road. Staff finds that the land use designation as a six-unit apartment community is compatible with the neighborhood; and therefore, recommends approval of the Conditional Use Permit subject to the conditions as set forth below. (4) Public services and facilities are adequate to serve the proposed use. The properties located along Redoubt Avenue are serviced by water, sewer, natural gas, electricity, and telephone services. Redoubt Avenue is a paved road, which is maintained by the City of Kenai. Kenai Municipal Code 14.20.250(b)(8) requires that there are two parking spaces available for each unit for a total of 12 parking spaces. The attached site plan designates 12 parking spaces for residents and guests of the six-unit apartment community. Page 26 of 89 Resolution No. PZ17-17 Conditional Use Permit Page | 3 Staff finds that public services and facilities are adequate to serve the proposed use; and therefore, recommends approval of the Conditional Use Permit subject to the conditions as set forth below. (5) The proposed use will not be harmful to the public safety, health or welfare. The use of a six-unit apartment community will not be harmful to the public safety, health and welfare. Staff believes that public services are available to adequately serve the six-unit apartment community. The applicant has provided the City with a site plan, which indicates that there will be sufficient parking available for residents and guests of the complex. Access to the complex will be provided by Redoubt Avenue which is a City maintained paved road; therefore, the proposed use will not be harmful to the public safety, health and welfare. WHEREAS, any and all specific conditions deemed necessary by the Planning and Zoning Commission to fulfill the conditions as set forth below shall 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, as follows: 1. Further development of the property shall conform to all Federal, State, and local regulations. 2. Prior to issuance of a Building Permit, a Landscape/Site plan must be reviewed and approved by the City Planner. 3. Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. 4. A biennial fire inspection must be completed by the Fire Marshall for the City of Kenai. 5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED CONSTRUCTION OF A RESIDENTIAL INCOME BASED SIX-FAMILY DWELLING UNIT 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, this 14th day of June 2017. ___________________________ ATTEST: JEFF TWAIT, CHAIRPERSON _______________________________________ Jamie Heinz, Acting City Clerk Page 27 of 89 Page 28 of 89 Page 29 of 89 Page 30 of 89 Page 31 of 89 Page 32 of 89 Page 33 of 89 FLORIDA AVE SECOND STTHIRD STREDOUBT AVE FOURTH STSECOND STTHIRD STTEXAS AVE NIGHTINGALE STREDOUBT AVESKYLER LNMIRANDA CT1114111711141111111011091108110711061105110411031102110111001004102610271024102510271026102710241025102310221023110411031102110111001027111211101108110611041102110010221020101810161014101210101008100611151112102610241004 10001114111711141111111011091108110711061105102110201021101910181019101710161017101510141015101310121013101010111023102210231021102010211019101810191017101610171015101410151013101210131010101110091008100910071005100510011000100123962398 239410081020 2415 2401 20011115111211121110110811061104110211001026102410221020101810161014101210101008100610041000 2300230010091008100910071005100510011000100123962398239410081020 2415 2401 2001 7301808 1806 1804 18 0 2 1801180318071805 1711 17091801 730180318071805 1711 1709 1808 1806 1804 1801 Date: 6/9/2017 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. Lot 2Kenai MeadowsZoning Map Zoning Conservation Rural Residential Rural Residential 1 Suburban Residential Suburban Residential 1 Suburban Residential 2 Urban Residential Central Commercial General Commercial Central Mixed Use Limited Commercial Light Industrial Heavy Industrial Recreational Townsite Historic Education ®Page 34 of 89 Page 35 of 89 Page 36 of 89 Page 37 of 89 THIS PAGE INTENTIONALLY LEFT BLANK Page 38 of 89 Page 39 of 89 Page 40 of 89 Page 41 of 89 Page 42 of 89 Page 43 of 89 Page 44 of 89 Page 45 of 89 Page 46 of 89 Page 47 of 89 Page 48 of 89 Page 49 of 89 Page 50 of 89 Page 51 of 89 Page 52 of 89 Page 53 of 89 Page 54 of 89 Page 55 of 89 Page 56 of 89 Page 57 of 89 Page 58 of 89 Page 59 of 89 Page 60 of 89 Page 61 of 89 Page 62 of 89 Page 63 of 89 Page 64 of 89 Page 65 of 89 Page 66 of 89 Page 67 of 89 Page 68 of 89 Page 69 of 89 Page 70 of 89 Page 71 of 89 Page 72 of 89 Page 73 of 89 Page 74 of 89 Page 75 of 89 Page 76 of 89 Page 77 of 89 THIS PAGE INTENTIONALLY LEFT BLANK Page 78 of 89 KENAI CITY COUNCIL – REGULAR MEETING JUNE 7, 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. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 2960-2017 – Amending Kenai Municipal Code 14.25.015-Landscaping/Site Plan for Land Clearing, and Kenai Municipal Code 14.25.020-Application, to Prohibit Land Clearing of More Than Twenty Percent of a Parcel Without an Approved Landscaping/Site Plan. 2. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2961-2017 – Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2017 and Ending June 30, 2018 and Committing $1,000,000 of General Fund, Fund Balance for Capital Improvements. 3. ENACTED UNANIMOUSLY. Ordinance No. 2962-2017 – Amending the Kenai Municipal Code, Title 23, “Personnel Regulations,” Chapter 23.55 Fiscal Year 2018 Operating Budget Salary Schedule. 4. ENACTED UNANIMOUSLY. Ordinance No. 2963-2017 – Authorizing Budget Adjustments and Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. 5. ENACTED UNANIMOUSLY. Ordinance No. 2964-2017 – Repealing Kenai Municipal Code Chapter 5.15-Private Detective Agencies, Removing Specific Local Regulation of Detective Agencies. Page 79 of 89 6. ADOPTED UNANIMOUSLY. Resolution No. 2017-25 – Authorizing the Purchase of Real Property Described as U.S. Survey 257, Located within Section 5, Township 5 North, Range 11 West, Seward Meridian, from Russell Clark, for the Public Purpose of Including the Property in the Bluff Erosion Restoration Project and Determining that the Public Interest will Not be Served by an Appraisal. 7. ADOPTED UNANIMOUSLY. Resolution No. 2017-26 – Awarding an Agreement for Engineering of Kenai Recreation Center Mechanical Improvements. 8. ADOPTED UNANIMOUSLY. Resolution No. 2017-27 – Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2017 and Ending June 30, 2018. 9. ADOPTED. Resolution No. 2017-28 – Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to be Adopted in the FY2018 Budget Process to Include Adjusting Monthly Rental Rates at Vintage Pointe, Increasing Fees at the Kenai Municipal Airport, Increasing Fees for Water and Sewer Service, and Increasing Fees at the Kenai Multipurpose Facility. 10. ADOPTED UNANIMOUSLY. Resolution No. 2017-29 – Authorizing the City Manager to Enter into a Contract with Premera Blue Cross Blue Shield Of Alaska to Provide Employee Health Care to City Employees Effective July 1, 2017. 11. ADOPTED UNANIMOUSLY. Resolution No. 2017-30 – Authorizing the City Manager to Renew the City’s Insurance Coverage with Alaska Public Entity Insurance (APEI) for July 1, 2017 through June 30, 2018. E. MINUTES 1.APPROVED BY THE CONSENT AGENDA. *Work Session of May 15, 2017 2.APPROVED BY THE CONSENT AGENDA. *Regular Meeting of May 17, 2017 F. UNFINISHED BUSINESS 1. APPROVED. Resolution No. 2017-24 – Amending Policy No. 2016-01, Procedures for Commissions, Committees and Council on Aging – To Provide Procedures for Council Involvement in Commissions, Committees and Council on Aging Meetings. G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be Ratified. Page 80 of 89 2. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 6/21/2017. *Ordinance No. 2965-2017 – Amending Kenai Municipal Code 4.32.015 – Local Amendments to the 2012 International Residential Code, to Facilitate Fee Schedule Changes for Building Permits and Plan Reviews. 3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 6/21/2017. *Ordinance No. 2966-2017 – Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. 4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 6/21/2017. *Ordinance No. 2967-2017 – Appropriating Transfers for FY2018 Budgeted Capital Projects in the Public Safety Capital Project Fund, the Kenai Animal Shelter Improvements Capital Project Fund, the Municipal Roadway Improvements Capital Project Fund, the City Shop Improvements Capital Project Fund, and the Cemetery Improvements Capital Project Fund. 5. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 6/21/2017. *Ordinance No. 2968-2017 – Appropriating General Fund Balance Funds into General Fund Land Administration-Lands Fund for the Purchase by the City of Kenai’s General Fund of Airport Property Outside the Airport Reserve Constituting Approximately 16.49 Acres of Real Property Described as S1/2 S1/2 SW1/4, Section 33,T6N, R11W, Seward Meridian, Commonly Referred to as ‘Lawton Acres’ and Deed Restricting the Future Use Of the Property to Parks and Recreational Uses to be Retained by the City for a Public Purpose. 6. MANAGER AUTHORIZED TO SEND NOTIFICATION. Action/Approval – Approving Notification to the Kenai Peninsula Borough that the City of Kenai will not be Utilizing Consolidated Public Safety Dispatching. 7. UNANIMOUSLY APPROVED. Action/Approval – Special Use Permit to Crowley Petroleum Distribution Alaska, LLC for Fueling on the Apron at the Kenai Municipal Airport. 8. UNANIMOUSLY APPROVED. Action/Approval – Special Use Permit to Evert’s Air Fuel, Inc. for Aircraft Taking Delivery of Bulk Fuel on the Apron at the Kenai Municipal Airport. 9. UNANIMOUSLY APPROVED. Action/Approval – Special Use Permit to Evert’s Air Fuel, Inc. for Aircraft Loading and Parking on the Apron at the Kenai Municipal Airport. 10. UNANIMOUSLY APPROVED. Action/Approval – Special Use Permit to Pacific Star Seafoods, Inc. for On Loading and Offloading Fish at the Kenai Municipal Airport. 11. JOANIS APPOINTED UNANIMOUSLY. Action/Approval – Mayoral Nomination and Council Confirmation of Jennifer Joanis to the Parks and Recreation Commission. Page 81 of 89 12. UNANIMOUSLY APPROVED. Action/Approval – Approving a Hiring Process for the City Clerk Position. 13. CITY ATTORNEY GIVEN DIRECTION. Action/Approval – Authorizing the City Manager or City Attorney to Obtain an Appraisal for Lawton Acres. 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 – None. M. PENDING ITEMS – None. N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Notification of Selection of Brittany Gilman as Student Representative. 3. Alaska LNG Update. 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. Page 82 of 89 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 June 12, 2017 - 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. Kee’s Tern Subdivision ................................................................ 2 KPB File 2013-023 [Segesser/Martin] Location: Kenai b. S.J. Chapman No 18 .................................................................... 9 KPB File 2012-058; [Imhoff/Trimble] Location: Anchor Point Anchor Point APC *2. Planning Commission Resolutions - None *3. Plats Granted Administrative Approval ................................................... 14 *4. Plats Granted Final Approval (20.10.040) - None *5. Plat Amendment Request a. Rhodes Estates Tubbs/Craig Replat ......................................... 19 KPB File 2016-050; [Segesser/Tubbs, Craig] Recording Number KN 2016-31 Location: On Cohoe Loop Road *6. Utility Easement Vacation a. Utility Easement Vacation of two 20-foot wide........................... 25 utility easements in the Kenai area of the Kenai Peninsula Borough. Location: Vacate the 20-foot utility easements centered on the former lot lines between Lots 22, 23, and 24, granted by Carl F Ahlstrom Sub (Plat KN0000216); within S25, T06N, R12W, Seward Meridian, Alaska, within the City of Kenai and the KPB. Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2018 Vacant PC Member Anchor Point/ Ninilchik Term Expires 2019 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 Diane Fikes PC Member Kenai City Term Expires 2019 James Isham PC Member Sterling Term Expires 2018 Harry Lockwood PC Member Ridgeway Term Expires 2019 Blair Martin Chairman Kalifornsky Beach Term Expires 2018 Virginia Morgan PC Member East Peninsula Term Expires 2019 Robert Ruffner Vice Chairman Kasilof/Clam Gulch Term Expires 2018 Franco Venuti PC Member City of Homer Term Expires 2019 Page 83 of 89 File 2017-046V. Petitioner(s): John Mellish of Kenai, Alaska. *7. Commissioner Excused Absences a. Anchor Point / Ninilchik – Vacant *8. Minutes a. May 22, 2017 Plat Committee Minutes b. May 22, 2017 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 1. Appointment to the Planning Commission - Oath of Office a. Diane Fikes, City of Kenai E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1. Vacation of a public right-of-way (ROW) in the City of ........................... 39 Soldotna. Location and request: Vacate portion of Kobuk St along Lot M-1 and M-2 of Resbudivision of Lot M Riverview Subdivision, Plat KN 0790035 & Lot 1 of Riverview Subdivision Schwankl Addition, Plat KN 0950027. This portion of ROW was originally dedicated on Resubdivision of Lot M Riverview Subdivision, Plat KN 0790035. The ROW being vacated is unconstructed and located within the SE1/4 NE1/4 of S31, T05N, R10W, SM, AK, and the City of Soldotna and within the KPB. File 2017-063V. Petitioner(s): William S. and Jennifer A. Coghill of Soldotna, AK. David A. and Susan M. Rodgers of Atascadero, CA. 2. Vacation of a public roadway easement in the Homer area. .................. 55 Location and request: Vacate that portion of the 33-foot public roadway easement that lies along the western boundary of Lot 12-A-1 of DeGarmo Subdivision No. 2, Plat HM 2009005, as granted in United States Patent 1137121 on December 15, 1952; within the SW1/4 NW1/4 of S23, T6S, R13W, SM, AK and within the City of Homer and the KPB; Location: Kachemak Drive, City of Homer; KPB File 2017-005V. Petitioner(s): Joshua and Elizabeth Garvey of Homer, AK. 3. Ordinance 2017-12; An ordinance authorizing a cooperative ................ 68 sale and exchange of interests in lands with the State of Alaska Department of Transportation and Public Facilities in the areas of Crown Point and Miller Loop Road. (Postponed from the May 22, 2017 Planning Commission Meeting.) 4. Standard Marijuana Cultivation Facility license application in the .......... 78 Anchor Point area. Applicant: Coastal Outfitters; Landowner: Charles G. Keim; Parcel Number: 169-132-04; Paul Whitney PC Member City of Soldotna Term Expires 2017 Max J. Best Planning Director Mike Navarre Borough Mayor Page 84 of 89 Property Description: That portion of the East 1/2 of the southeast 1/4 of the northeast 1/4 of the northeast 1/4, S23, T5S, R15W, SM laying north of Old Sterling Hwy. Location: 38928 Old Sterling Hwy, Anchor Point. 5. Resolution 2017-16; Conditional Land Use permit application ............. 119 for material extraction on a parcel in the Cohoe/Kasilof area. Applicant: Jeff Tubbs / Heather Craig; Landowner: Jeff Tubbs / Heather Craig. Parcel Number: 133-451-47. Legal Description: Lot 5A, Rhodes Estates Tubbs/Craig Replat, according to Plat 2016-31, Kenai Recording District. Location: Northwest corner of Cohoe Loop Road and Secora Avenue. G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) - None H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None I. SPECIAL CONSIDERATIONS 1. Resolution 2017-___; A resolution supporting an application .............. 140 to the US Board on Geographic Names to officially name a ridge and three unnamed peaks north of Moose Pass as Locomotive Ridge, Engine Peak, Tender Park and Caboose Peak. J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 14 preliminary plats. K. OTHER/NEW BUSINESS L. ASSEMBLY COMMENTS M. LEGAL REPRESENTATIVE COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Kenai Planning & Zoning Commission Minutes ................................................. 165 - May 10, 2017 NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, June 26, 2017 in the Assembly Chambers of the George A Navarre Kenai Peninsula Borough, 144 North Binkley St, Soldotna, Alaska at 7:30 p.m. Page 85 of 89 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@kpb.us website: http://www.kpb.us/planning-dept/planning-home Advisory Commission Meeting Location Date Time Anchor Point Anchor Point Chamber of Commerce TBD 7:00 p.m. Cooper Landing Cooper Landing Community Hall July 12, 2017 6:00 p.m. Moose Pass Moose Pass Community Hall TBD 6:30 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. Page 86 of 89 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 5:30 p.m. June 12, 2017 Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. Virginia Morgan, East Peninsula \ 3. Minutes a. May 22, 2017 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. Bay View Subdivision Northwind 2017 Replat .......................................... 2 KPB File 2017-074 [Seabright / DeCreeft, Tintzman] Location: Lakeshore Dr in the City of Homer Homer APC 2. Chamberlain and Watson Subdivision 2017 Replat ............................... 20 KPB File 2017-056 [Seabright / Livingston] Location: Ohlson Ln in the City of Homer Homer APC 3. Rolling Meadows 2017 ............................................................................ 47 KPB File 2017-069 [Ability / Kalugin] Location: Off Greer Rd in the Fritz Creek area Kachemak Bay APC 4. Salamatof Air Park Kustatan Leasing Addition ....................................... 64 KPB File 2014-060 [Segesser / Wolverine Leasing, LLC] Location: Off Citabria St in the Salamatof area 5. Sunrise Hills Creary Addition .................................................................. 73 KPB File 2017-072 [Segesser / Creary] MEMBERS: Robert Ernst Northwest Borough Term Expires 2017 Robert Ruffner Clam Gulch /Kasilof Term Expires 2018 Paul Whitney City of Soldotna Term Expires 2017 ALTERNATES: Harry Lockwood Ridgeway Term Expires 2019 Virginia Morgan East Peninsula Term Expires 2019 Page 87 of 89 Location: South of Echo Lake Rd 6. Carrol Martin Subdivision Diamond M Resort 2017 Addition ................. 83 KPB File 2017-0058 [Integrity / Martin] Location: West of Bridge Access Rd, off of Kalifornsky Beach Road 7. Kalifonsky Business Park Part 3 ........................................................... 103 KPB File 2017-067 [Integrity / Straume] Location: East of Merrywood Ave in the Kalifornsky area 8. Leilani Subdivision Albright Addition ..................................................... 114 KPB File 2017-071 [Integrity / Albright] Location: Robinson Loop Rd in the Sterling area 9. R. C. Morris Subdivision 2017 Replat ................................................... 124 KPB File 2017-068 [Integrity / Monzon] Location: North of Wayside Rd, South of Deep Creek 10. Waleka Lake Acres 2017 Addition ........................................................ 139 KPB File 2017-055R1 [Integrity / Cazares] Location: Bell Ave & Duke St in the Nikiski area 11. Martin Subdivision Leech Addition ........................................................ 153 KPB File 2017-064 [Lang & Assoc / Leech] Location: Off McCracken Dr in Lowell Point area 12. Moose Range Ridge Estates Subdivision McKenney Addition ............ 168 KPB File 2017-070 [Tinker Creek / McKenney] Location: Off Alice Jean Dr in the Sterling area 13. Glory View Subdivision Church of the Nazarene Addition .................... 178 KPB File 2017-066 [Anderson / Alaska District Church of the Nazarene] Location: Off of Hunter St in the City of Homer Homer APC 14. Hollywood Subdivision Glasgow Replat No. Two ................................. 197 KPB File 2017-065 [Anderson / Johnson] Location: N of Whiskey Gulch St Anchor Point APC F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. OTHER / NEW BUSINESS H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED I. ADJOURNMENT Page 88 of 89 NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, June 26, 2017 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@kpb.us web site: http://www.kpb.us/planning-dept/planning-home Page 89 of 89