HomeMy WebLinkAbout2017-09-13 Planning & Zoning PacketAGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
SEPTEMBER 13, 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 - Commissioner R. Springer
*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: August 23, 2017 .................................................................. 1
3. SCHEDULED PUBLIC COMMENT: (Public comment limited to ten (10) minutes per
speaker)
4. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
5. CONSIDERATION OF PLATS:
a. PZ17-29 - Original Preliminary Plat of Aleyeska Subdivision 2017 Replat, submitted by
Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611, on behalf of John C. Schweiger
Loving Trust, 220 Ashland Street, Ashland, OR 97520 ................................................ 7
6. PUBLIC HEARINGS: None
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS:
a. Discussion/Recommendation – Consent to Assignment of Lease of Airport Lands or
Facilities between Kenai Aviation Leasing Company, LLC., and Schilling Rentals, LLC.,
on the real property described as Lot 2, Block 2, and Lot 2, Block 4, General Aviation
Apron No. 1, according to Amended Plat No. 2004-20 ............................................... 15
b. Discussion/Recommendation – Consent to Second Amendment of Lease of Certain
Airport Lands within the Airport Reserve between the City of Kenai, Lessor and SOAR
International Ministries, Inc., Lessee, on real property described as Lot 2, Block 3 General
Aviation Apron No. 1, according to Amended Plat No. 2004-20 ................................. 23
9. PENDING ITEMS: None
____________________________________________________________________________________
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
SEPTEMBER 13, 2017 - 7:00 P.M.
Page 2 of 2
10. REPORTS:
a. City Council ……………………………………………………………………………....….27
b. Borough Planning
c. Administration
11. ADDITIONAL PUBLIC COMMENT (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
12. INFORMATIONAL ITEMS: None
13. NEXT MEETING ATTENDANCE NOTIFICATION: September 27, 2017
14. COMMISSION COMMENTS & QUESTIONS
15. ADJOURNMENT
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
AUGUST 23, 2017- 7:00 P.M.
COMMISSION CHAIR 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: B. Springer, D. Fikes, J. Twait, V. Askin, J. Halstead, G.
Greenberg
Staff/Council Liaison present: City Planner M. Kelley, Planning Assistant W. Anderson, Acting
City Clerk J. Heinz, and Council Liaison J. Glendening
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Halstead 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 Springer
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 – K. Peterson
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2. *APPROVAL OF MINUTES:
a. *August 9, 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:
a. PZ17-28 - Original Preliminary Plat of Cook Inlet Shores 2017 Addition and Section Line
Easement Vacation, submitted by Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611,
on behalf of Steve Perrizo, 2290 Royal Street, Kenai, Alaska 99611 and Salamatof Native
Association, Inc., P.O. Box 2682, Kenai, AK 99611
City Planner Kelley reviewed his staff report provided in the packet noting the plat vacated a
section line easement and eliminated a public access point to the beach, but pointed out that the
creation of Royal Street nearby provided equal or better access and recommended approval with
the following conditions:
• Further development of the property shall conform to all Federal, State, and local
regulations.
MOTION:
Commissioner Fikes MOVED to approve Resolution No. PZ17-28 and Commissioner Halstead
SECONDED the motion.
Commission Chair Twait opened the public hearing; there being no one wishing to be heard,
public comment was closed.
It was clarified that application had been made to the state for approval of the section line vacation
which would take place after the City and the Kenai Peninsula Borough approved it.
VOTE:
YEA: Fikes, Springer, Greenberg, Askin, Twait, Halstead
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS:
a. PZ17-25 - Application for a Conditional Use Permit to redevelop the existing boat launch
located at Eagle Rock to be more user friendly and protect vulnerable natural features.
Redevelopment is proposed to include: Resurfacing and reconstruction of the Entrance
Road; Installation of new Traffic Flow Devices; Construction of a Camp Host Site,
Replacement of the Existing Boat Ramp and Installation of New Elevated Walkways;
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Development also Includes Installation of Bank Erosion Control Measures and User
Interpretative Features. The project is located at 4306 Eagle Rock Drive (KPB Parcel
Number 049-060-88), and further described as Tract A, Poore Subdivision. The
application was submitted by State of Alaska, Department of Natural Resources, Division
of Parks & Outdoor Recreation, 550 W. 7th Ave., Suite 650, Anchorage, Alaska 99501.
City Planner Kelley reviewed his staff report provided in the packet noting the Conditional Use
Permit would allow improvements to the existing boat launch and parking facility located at Eagle
Rock Boat Launch 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, including those required by the Kenai Peninsula Borough;
• Prior to construction or redevelopment, the applicant shall obtain all required Building
Permits;
• The applicant shall minimize damage to all vegetation and shall revegetate all
disturbed areas with native vegetation;
• Construction techniques and best management practices shall be utilized to ensure
that land disturbing activities do not result in water runoff or sedimentation to the
Kenai River;
• Pursuant to Kenai Municipal Code Section, 14.20.150(f) the property owner shall
submit an Annual Report to the City of Kenai.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ17-25 and Commissioner Askin
SECONDED the motion.
Commission Chair Twait opened the public hearing.
Loren Flory suggested that without adding extra parking at the boat launch, the project wasn’t
necessary.
Tracy Poore noted the boat launch opened in 1965 or 1966; suggested the reduction of parking
would cause more problems.
Jacob Gondeck, Engineer for State Parks, clarified that usage was considered when developing
the parking plan; noted the intent to limit RV parking and creating two ADA parking lots while
following ASHOE guidelines. Noted that as many parking spaces as possible were incorporated
after considering multiple configurations and maximizing the space available due to inability to
expand the area. Also clarified that if additional parking were to become available, the flow pattern
in existence would be utilized and that they hoped to begin construction early 2018 and be
completed by the time fishing season began.
Jacques Kosto, Chief Ranger for Kenai Management Area, noted the difficulty in determining the
number of parking spots available as the first parked vehicles for the day set the parking
configuration; discussed the facility’s daily use. Mr. Kosto also explained the department was
hopeful to contract with a private shuttle service to assist with transporting launch users to a
nearby parking area in July, which was the only time the launch exceeded capacity.
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There being no one else wishing to be heard, public comment was closed.
It was clarified that the parking ordinance didn’t set regulations for commercial recreational
spaces; also clarified that the City commented on the Department of Transportation’s roadway
project, suggesting a solution be put into place to curb or enforce parking in the Right-of-W ay
across the highway from Eagle Rock Road.
VOTE:
YEA: Springer, Fikes, Greenberg, Askin, Twait, Halstead
NAY:
MOTION PASSED UNANIMOUSLY.
Chairman Twait noted the fifteen-day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Glendening reviewed the Action Agenda for the August 16
City Council meeting which was provided in the packet.
b. Borough Planning – Kenai Peninsula Borough Planning Commissioner Fikes reviewed
actions from the Borough Planning Commission meeting of August 14.
c. Administration – City Planner M. Kelley reported on the following:
• Asked that Commissioners consider the APA conference in
November;
• Attended FEMA’s Risk Mapping meeting.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: September 13, 2017
Commissioner Springer noted that he wasn’t going to be attending the September 13 meeting.
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Greenberg thanked the State Parks Department for upgrading Eagle Rock and
also noted the Kenai Peninsula Borough Comprehensive Plan Revision team had a booth at
Industry Appreciation Day and encouraged the Commissioners to stop by.
15. ADJOURNMENT:
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There being no further business before the Commission, the meeting was adjourned at 8:06 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Acting City Clerk
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THIS PAGE INTENTIONALLY LEFT BLANK
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STAFF REPORT
To: Planning & Zoning Commission
Date: September 13, 2017 Res: PZ17-29
GENERAL INFORMATION
Applicant: John C. Schweiger Loving Trust
2200 Ashland St.
Ashland, OR 97520
Submitted by: Integrity Surveys, Inc.
820 Set Net Dr.
Kenai, AK 99611
Requested Action: Original Preliminary Subdivision Plat – Aleyeska Subdivision 2017
Replat
Existing Legal
Description: Lots Nine (9) and Twelve (12), Aleyeska Subdivision Part Two
Proposed Legal
Description: Lot 9A, Aleyeska Subdivision 2017 Replat
Street Address: 215 S. Willow St. and 220 Caviar St.
KPB Parcel No.: 04101149 and 04101150
Existing Zoning: Central Mixed Use
Current Land Use: Theatre
Land Use Plan: Central Commercial
ANALYSIS
The proposed preliminary plat vacates the property line between Lots Nine (9) and
Twelve (12), Aleyeska Subdivision Part Two. The proposed plat will result in the
proposed Lot 9A, Aleyeska Subdivision 2017 Replat containing approximately 1.37
acres. Access to the proposed lot is provided by Willow Street and Caviar Street, which
are City maintained paved roads. The existing theatre building located on subject
property is connected to City water and sewer services; therefore, an installation
agreement is not required.
The building located on Lots Nine (9) and Twelve (12) Aleyeska Subdivision Part Two is
considered a non-conforming structure because it crosses the property line between the
two lots, pursuant to Kenai Municipal Code Section 14.20.050. The vacation of the
property line between the two lots would rectify the issue with the building crossing
property lines.
The subject parcels contain an existing 10-foot utility easement, which runs along the
northern property line of both lot’s, Nine (9) and Twelve (12). As shown on the
preliminary plat, 10-foot utility easements are being dedicated along both the eastern
and western property as well.
Page 7 of 42
PZ17-29 Staff Report Page 2
As further shown on the preliminary plat a 10-foot utility easement is currently located
between both lot’s, Nine (9) and Twelve (12). Pursuant to Homer Electric Association,
Inc., a 14.4/25KV electrical cable runs within the subject utility easement, which is
located beneath the existing theater building. On April 20, 2017, Homer Electric
Association, Inc. issued a Letter of Non-Objection recognizing that the building footprint
sits on top of a buried 14.4/25KV electrical cable within the ten-foot (10’) utility
easements. A stipulation in said letter provided that “Any improvements or modifications
to the existing building or parking areas whereby new foundations or below-grade
excavation is proposed will require the owner to relocate the buried electrical cable at no
cost to HEA.” Pursuant to the Land Management Officer, for Homer Electric
Association, Inc., they have indicated that they have spoken with the applicant and
requested an application and drawings detailing the design for re-routing the electrical
cable. Thus, the existing electrical cable will be relocated within the proposed 10-foot
utility easements being dedicated by the subject preliminary plat.
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. Prior to issuance of a building permit, the property owner must vacate the utility
easement located beneath the theater building and submit an application with
Homer Electric Association, Inc. to re-route the electrical cable.
c. The typographical errors within the title block should be corrected prior to
recordation of the plat.
ATTACHMENTS:
1. Resolution No. PZ17-29
2. Preliminary Plat
3. Application
4. Map
5. Non-objection Letter – HEA
Page 8 of 42
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-29
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 ALEYESKA SUBDIVISION 2017 REPLAT was referred to the
City of Kenai Planning and Zoning Commission on September 13, 2017, and received from
Integrity Surveys, Inc.; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Central Mixed Use 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. Prior to issuance of a Building Permit, the property owner must vacate the utility easement
located beneath the theater building and submit an application with Homer Electric
Association, Inc., to re-route the electrical cable.
c. The typographical errors within the title block should be corrected prior to recordation of
the plat.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING
COMMISSION APPROVE ALEYESKA SUBDIVISION 2017 REPLAT, SUBJECT TO THE
CONDITIONS OF APPROVAL SET FORTH ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 13th day of September, 2017.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Jamie Heinz, City Clerk
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MERIT ADD'N.
ELKS REPLAT
4
3
11
13
1
4-A
21
9
6
7
5
8
4-B
12
7
10
6
4-C 221220227230260210200205220215260255506
600
111201115211184 210200205220215260255506
600
111201115211184 221220227230260.
100 '
Date: 9/8/2017
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 104 feet
Lots 9 and 12, ALEYESKASUBD. PART 2
SOUTH WILLOW STREETKENAI SPUR HIG
H
W
A
YCAVIAR STREETPage 12 of 42
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1A
3
9A
TR. A
2
3
3
1A
2
6
7
5
(4)
(5)
(2)135170145150135130155170145150135130155145135145NORTH WILLOW STGRANITE POINT CT135170145150135130155170145150135130155145135145.
100 '
Date: 9/8/2017
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 104 feet
Lot 2, Block 2Lot 2, Block 4GAA SUBD. NO. 1
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ETOLIN SUBD.SECOND ADDNAVIATIONAPRON
NO. 1
1A
2
2
3
1A
1A
1A 1
9
3
2
4(3)
(1)115105101330325 135130135130110125115100105101330325 115FBO RD115105101330325 135130135130110125115100105101330325 115.
100 '
Date: 9/8/2017
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 104 feet
Lot 2, Block 3GAA SUBD. NO. 1
Page 26 of 42
ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
SEPTEMBER 6, 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)
1. Tim Dillon, Executive Director, Kenai Peninsula Economic Development
District – City, Borough, and State Economic Update.
2. Johna Beech, Kenai Visitor and Cultural Center – Second Quarter 2017
Statistics Report.
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes
per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2977-2017 -
Amending Kenai Municipal Code Sections 14.20.151 – Application for Conditional
Use Permit for Surface Extraction of Natural Resources, 14.20.152 – Review of
Application, 14.20.153 – Public Hearing, 14.20.154 – Issuance of Permit, 14.20.155
– Operation, 14.20.156 – Yearly Review, 14.20.157 – Termination, 14.20.158 –
Amendment or Transfer, to Allow the City Planner to Determine Application
Completeness and Making Other Housekeeping Changes. (Clerk’s Note: This item
was postponed to this meeting at the August 16 meeting for the purposes of
preparing a substitute ordinance and a second public hearing; a motion to enact is
on the floor.)
• Substitute Ordinance No. 2977-2017 – Amending Kenai Municipal Code
Sections 14.20.151 – Application for Conditional Use Permit for Surface
Extraction of Natural Resources, 14.20.152 – Review of Application, 14.20.153
– Public Hearing, 14.20.154 – Issuance of Permit, 14.20.155 – Operation,
14.20.156 – Yearly Review, 14.20.157 – Termination, 14.20.158 – Amendment
Page 27 of 42
or Transfer, to Allow the City Planner to Determine Application Completeness,
Impose Onsite Clearing Limit Delineations and Making Other Housekeeping
Changes.
2. FAILED. Ordinance No. 2979-2017 – Amending KMC 14.20.330 Standards For
Commercial Marijuana Establishments, to Change how Buffer Distances are
Measured from Commercial Marijuana Establishments to Post-Secondary Schools,
Recreation or Youth Centers, Churches, Correctional Facilities, and Substance
Abuse Treatment Facilities and Approving a Policy to Provide Guidance in
Measuring Pedestrian Routes.
3. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2980-2017 –
Declaring that Lot 9, Block 8, Original Townsite of Kenai, According to Plat No. K-
2970, Located within Section 5, Township 5 North, Range 11 West, Seward
Meridian, also Known as 612 Inlet Street, Kenai, Alaska, whose Last Recorded
Owner Under Borough Assessment Records was Billy A McCann, Po Box 92,
Kenai, Alaska, Shall be Retained by the City Of Kenai for a Public Purpose.
• Substitute Ordinance No. 2980-2017
4. ADOPTED UNANIMOUSLY. Resolution No. 2017-59 – Authorizing the Use of the
Equipment Replacement Fund to Purchase Two Trucks, With Attachments, for the
Streets Department to be used as Snow Plows, Dump Trucks, and Sanders Utilizing
the Alaska Department of Transportation & Public Facilities Fleet Procurement
Contract.
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Special Meeting of August 11, 2017
2. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of August 16, 2017
F. UNFINISHED BUSINESS
1. POSTPONED TO THE 9/20/17 MEETING. Resolution No. 2017-57 – Consenting
to a Renewal of Lease of Certain Airport Lands within the Airport Reserve Between
the City of Kenai, Lessor, and SOAR International Ministries, Inc., Lessee, on
Property Described as Lot 2, Block 3, General Aviation Apron Number One. (Clerk’s
Note: This item was postponed to this meeting at the August 16 meeting; a motion
to adopt is on the floor.)
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be
Ratified.
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Purchase Orders
Exceeding $15,000.
3. *Ordinance No. 2981-2017 – Amending Kenai Municipal Code, Chapter 1.15 –
Rules of Order, to Change Gender Specific Language to Gender Neutral, Provide
Page 28 of 42
Consistency in the References to the Chair of a Meeting, and Other Housekeeping
Changes.
4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 9/20/2017.
*Ordinance No. 2982-2017 – Amending Kenai Municipal Code Section 7.30.010 –
Airport Land Sale Permanent Fund, to Eliminate References to the Airport
Enterprise Fund which is No Longer Utilized.
5. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 9/20/2017.
*Ordinance No. 2983-2017 – Accepting and Appropriating a Donation to the Kenai
Parks & Recreation Department for the Purchase of Bleachers.
6. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 9/20/2017.
*Ordinance No. 2984-2017 – Amending Kenai Municipal Code Section 23.55.060
– Stand-By Pay, to Amend the Rate of Stand-By Pay and Increasing Water & Sewer
Fund Estimated Revenues and Appropriations to Provide Standby Pay for Certified
Water and Wastewater Operators that was Not Included in the FY2018 Budget.
7. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 9/20/2017.
*Ordinance No. 2985-2017 – Amending Kenai Municipal Code Section 13.20.035-
Camping, Fires and Other Activities on City Beaches, to Prohibit the Burning of
Pallets and Other Wood Materials Containing Metal Fasteners on City Beaches.
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. JAMIE HEINZ APPOINTED CITY CLERK/EMPLOYMENT AGREEMENT
AWARDED. Action/Approval - Hiring, Recruitment, and Contract Discussion and
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Negotiation for a City Clerk. [Clerk’s Note: Council May Convene into Executive
Session to Discuss this Agenda Item which Pursuant to AS 44.62.310(C)(2) May
be a Subject that Tends to Prejudice the Reputation and Character of the Applicant
and per AS 44.62.310(c)(1) is a Matter of which the Immediate Knowledge may
have an Adverse Effect Upon the Finances of the City.]
M. PENDING ITEMS – None.
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
The agenda and supporting documents are posted on the City’s website at www.kenai.city.
Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the
Council Chamber prior to the meeting. For additional information, please contact the City
Clerk’s Office at 907-283-8231.
Page 30 of 42
KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
August 28, 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 - None
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval ..................................................... 2
*4. Plats Granted Final Approval (20.10.040) - None
*5. Plat Amendment Request - None
*6. Utility Easement Vacation
a. Utility easement vacation of a 6 foot wide by 12 foot .................. 8
long portion of the 10 foot wide utility easement in the
southeast corner of Henley Addition No. 4, Lot 3B, Block
1, granted by Henley Addition No. 4 (Plat KN 95-89)
within S23, T6N, R12W, SM, AK, west of Sam Street, in
the Salamatof area, within the KPB; File 2017-110V
Purpose as stated in petition: The encroaching well was
in its current location when the owners purchased the
house. The owners would like to sell the house but need
a utility easement vacation to satisfy the lender.
Petitioners: Robert L Borgen and Kelly Borgen of Nikiski,
Alaska.
*7. Commissioner Excused Absences
*8. Minutes
a. August 14, 2017 Plat Committee Minutes
b. August 14, 2017 Planning Commission Minutes
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Syverine Bentz
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 31 of 42
D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless
previous arrangements are made.)
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1. Public Hearings on the Marijuana Facility License Renewal Applications
to provide comments to the State of Alaska.
a. Applicant: Croy's Enterprises, LLC; Facility Type: ................. 15
Standard Marijuana Cultivation; Parcel: 058-290-15;
Location: 36130 Pine St. Soldotna; Legal Description:
Lot 2A1, Block 6, Robinette Commercial Subdivision #3,
according to Plat 2011-39, Kenai Recording District.
b. Applicant: Croy's Enterprises, LLC; Facility Type: ................. 34
Retail Marijuana Store; Parcel: 058-290-15; Location:
36130 Pine St. Soldotna; Legal Description: Lot 2A1,
Block 6, Robinette Commercial Subdivision #3,
according to Plat 2011-39, Kenai Recording District.
2. Public Hearing on a Marijuana Facility License Application ................... 50
to provide comments to the State of Alaska. Applicant: Homer
Budz, LLC; Landowner: Patrick E. Moore; Parcel Number:
173-550-07; Property Description: Lot 2, Cundiff Subdivision,
according to Plat 76-22, excluding Lot 2-A, Cundiff Subdivision
Addition No. 1, according to Plat 77-90, Homer Recording
District. Location: 67835 Virginia Ave, Homer
3. Resolution 2017-25; Conditional land use permit for .............................. 99
material extraction on a parcel in the Sterling area. Applicant:
Granite Construction Inc.; Landowner: Casey Eshleman;
Parcel Number: 065-322-30; Legal Description: Lot 5, El
Rancho Costa Plente Subdivision, according to Plat 99-57, Kenai
Recording District. Location: 28491 Sterling Highway.
4. Resolution 2017-26; Conditional Land Use permit ............................... 124
modification for an approved material site in the Sterling area.
Applicant: Granite Construction Inc.; Landowner: Robert
Eshleman; Parcel Number: 065-322-29; Legal Description:
Lot 4, El Rancho Costa Plente Subdivision, according to Plat 99-
57, Kenai Recording District. Location: 28691 Sterling
Highway, immediately east of Card Street.
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18)
1. Resolution 2017-29; Conditional Use Permit to construct .................... 139
improvements to the Eagle Rock Facility of the Kenai River
Special Management Area. This project is located on the right
bank of the Kenai River at River Mile 11, T5N R10W Section 6
Seward Meridian KN 2012025 Poore Subdivision Tract A, (KPB
Parcel # 049-060-88) in Kenai, AK. Petitioner: Alaska
Department of Natural Resources
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
Paul Whitney
PC Member
City of Soldotna
Term Expires 2020
Max J. Best
Planning Director
Mike Navarre
Borough Mayor
Page 32 of 42
I. SPECIAL CONSIDERATIONS
1. Henley Addition No. 4 Lot 3B Block 1 ................................................... 208
Building Setback Exception
KPB File 2017-108 / Resolution 2017-27
Location: On Sam Street in the Salamatof area
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 6 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 Meeting Minutes ................................... 224
- August 9, 2017
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
< < < NEW LOCATION FOR THIS MEETING ONLY > > >
The next regularly scheduled Planning Commission meeting will be held Monday,
September 11, 2017 in the Mt Alice Conference Room at Breeze Inn Seward Alaska Hotel,
303 North Harbor Dr, Seward, Alaska at 7:30 p.m.
Page 33 of 42
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
September 6, 2017
October 4, 2017 6:00 p.m.
Moose Pass Moose Pass
Comm unity 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 34 of 42
KENAI PENINSULA BOROUGH PLANNING COMMISSION
BREEZE INN SEWARD ALASKA HOTEL
MT ALICE CONFERENCE ROOM
303 NORTH HARBOR DR
SEWARD, ALASKA 99664
September 11, 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. Anchor Crest 2011 Time Extension ............................................. 2
KPB File 2011-041 [Imhoff/Kyllonen]
Location: Anchor Point area (Old Sterling Highway)
Anchor Point APC
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval ..................................................... 7
*4. Plats Granted Final Approval (20.10.040) - None
*5. Plat Amendment Request - None
*6. Utility Easement Vacation
a. Vacation of the ten foot utility easement between ..................... 12
Lot 13A & Lot 3B Fernwood Subdivision Unit 3 Curlew
Addition, granted by Fernwood Subdivision Unit 3
Curlew Addition (Plat HM 82-65) within S31, T5S,
R12W, SM, AK, in the Fritz Creek area, within the KPB;
File 2017-106V Purpose as stated in petition: This
easement was granted when Lot 13 was previously
subdivided into two lots. Lots 13A and 13B are currently
being replatted back into a single lot and this easement
is no longer needed. Additionally, it crosses a deep gully
and is an impractical location for utility use. Petitioners:
Kenneth & Nancy Kleine of Homer, AK.
*7. Commissioner Excused Absences
a. Paulette Bokenko-Carluccio, City of Seldovia
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Syverine Bentz
PC Member
Anchor Point/ Ninilchik
Term Expires 2019
Cindy Ecklund
PC Member
City of Seward
Term Expires 2020
Robert F. Ernst
PC Member
Northwest Borough
Term Expires 2020
Dr. Rick Foster
Parliamentarian
Southwest Borough
Term Expires 2020
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 35 of 42
b. Rick Foster, Southwest Borough
c. James Isham, Sterling
d. Robert Ruffner, Kasilof / Clam Gulch
*8. Minutes
a. August 28, 2017 Plat Committee Minutes
b. August 28, 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.)
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1. Vacation of a portion of the Spinnaker Ave right-of-way ........................ 22
abutting Lot 1 Block 2 Nelson-Collie Tracts as dedicated on
Nelson-Collie Tracts, Plat HM77-19. The portion of the right-of-
way being vacated is unconstructed and located within the
NE1/4 of S4, T5S, R15W, SM, AK, within the KPB. File 2017-
117V. Purpose as stated in petition: Spinnaker Ave beyond its
intersection with Nelson St is unnecessary for access to any
adjacent parcels and reversion to Lot 1 Block 2 will increase the
lot size to above the legal minimum lot size of 42,000 sq. ft.
There is a precipitous drop to the north and east. Petitioner:
Emmitt & Mary Trimble Joint Revocable Trust of Anchor Point,
AK.
2. Vacation of a public access easement within S3, T2S, .......................... 33
R14W, SM as granted on the Public Access Easement recorded
within Serial #2002-004111-0, Homer Recording District. The
public access easement being vacated is partially developed and
located within the SW1/4 SE1/4 of S3, T2S, R14W, SM, AK,
within the KPB. File 2015-127V. Purpose as stated in the
petition: The roadway was improved and moved to a new
location that is being proposed for a public right-of-way. Approval
of this vacation will be conditioned upon approval and formal
dedication of the new right-of-way. Petitioner: Canterwood
Cabins, LLC of Ninilchik, AK.
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) – None
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS - None
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 7 preliminary plats.
K. OTHER/NEW BUSINESS
Paul Whitney
PC Member
City of Soldotna
Term Expires 2020
Max J. Best
Planning Director
Mike Navarre
Borough Mayor
Page 36 of 42
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday,
September 25, 2017 in the Assembly Chambers of the George A Navarre Kenai Peninsula
Borough, 144 North Binkley St, Soldotna, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
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 October 4, 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 37 of 42
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:30 p.m. August 28, 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
3. Minutes
a. August 14, 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. Cook Inlet Overview Subdivision 2017 Replat .......................................... 2
KPB File 2017-107
[Integrity / Zirul, Korpinen]
Location: Eddies Way in the Salamatof area
PLAT WITHDRAWN BY SURVEYOR & OWNER
2. Dragseth Subdivision – 2017 Addition ...................................................... 4
KPB File 2017-113
[Integrity / City of Kenai]
Location: Off Bowpicker Ln in the City of Kenai
3. Federal Addition to Seward 2017 Addition ............................................. 29
KPB File 2017-115
[Integrity / Low, Kang]
Location: 2Nd Ave & C St in the City of Seward
4. Frank Raby Subdivision Barnard Replat ................................................. 46
KPB File 2017-111
[Integrity / Barnard]
Location: Anderson Way & Young St in the City of Seldovia
5. Hodnik Subdivision ................................................................................. 69
KPB File 2015-052R2
[Mullikin / Hodnik]
Location: Off Kachemak Dr in the City of Homer
Homer APC
6. Voznesenka 2017 School Replat .......................................................... 108
MEMBERS:
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Cindy Ecklund
PC Member
City of Seward
Term Expires 2020
Harry Lockwood
PC Member
Ridgeway
Term Expires 2019
Franco Venuti
PC Member
City of Homer
Term Expires 2019
ALTERNATES:
Jim Isham
Sterling
Term Expires 2018
Paul Whitney
City of Soldotna
Term Expires 2020
Page 38 of 42
KPB File 2017-116
[Orion / Voznesenka Community Council, Inc., Kusnetsov]
Location: Voznesenka Loop / Fox River area
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED
I. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, September
11, 2017 in the Mt Alice Conference Room at Breeze Inn Seward Alaska Hotel, 303 North
Harbor Dr, Seward, Alaska at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907-714-2215 Fax: 907-714-2378
Phone: toll free within the Borough 1-800-478-4441, extension 2215
e-mail address: planning@kpb.us
web site: http://www.kpb.us/planning-dept/planning-home
Page 39 of 42
KENAI PENINSULA BOROUGH PLAT COMMITTEE
BREEZE INN SEWARD ALASKA HOTEL
MT ALICE CONFERENCE ROOM
303 NORTH HARBOR DR
SEWARD, ALASKA 99664
6:00 p.m. September 11, 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. Paulette Bokenko-Carluccio, City of Seldovia
b. James Isham, Sterling
3. Minutes
a. August 28, 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. Gann’s Corner Subdivision 2017 Addition ................................................ 2
KPB File 2017-121
[Johnson / Scott, Gann]
Location: Off Scout Lake Loop Rd in Sterling
2. Bing Browns Subdivision ........................................................................ 21
KPB File 2017-126
[Segesser / Bass]
Location: Off Sterling Hwy in Sterling
3. Dan Lee Subdivision No. 2 (Revised) ..................................................... 34
KPB File 2017-073R2
[Segesser / Johnson]
Location: between Ridgeview St & Trader John St in Nikiski
4. Hooting Owl Subdivision Addition No. 2 ................................................. 61
KPB File 2017-118
[Segesser / Hines]
Location: Sterling Hwy & Osemore St in Clam Gulch
5. Jones-Seward Subdivision Hughes-Kirr Replat ...................................... 71
KPB File 2017-127
[Segesser / Hughes, Kirr]
Location: Dayspring St in Sterling
MEMBERS:
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Cindy Ecklund
PC Member
City of Seward
Term Expires 2020
Harry Lockwood
PC Member
Ridgeway
Term Expires 2019
Franco Venuti
PC Member
City of Homer
Term Expires 2019
ALTERNATES:
Jim Isham
Sterling
Term Expires 2018
Paul Whitney
City of Soldotna
Term Expires 2020
Page 40 of 42
6. Poacher’s Cove Christenson Replat ....................................................... 85
KPB File 2017-124
[Segesser / Todd & Kay Cee Christenson Only Trust]
Location: Poacher’s Cove area in Ridgeway
7. Snader Acres ........................................................................................ 101
KPB File 2017-119
[Segesser / Alaska Land Barons, LLC]
Location: Tall Tree Ave in Anchor Point
Anchor Point APC
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED
I. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, September
25, 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 41 of 42
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