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HomeMy WebLinkAbout2017-10-11 Planning & Zoning PacketAGENDA KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING OCTOBER 11, 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: September 13, 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: None 6. PUBLIC HEARINGS: None 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: a. PZ17-32 – Application for Transfer of Conditional Use Permit PZ97-24 (and as amended by PZ16-16) for a coffee house, commonly known as “Veronica’s”, from Mary S. Darling, Transferor, to Stephen M. Pyfer,Transferee, located at 602 Petersen Way, and further described as Lot 39A, Dolchok Subdivision. .............................................................. 5 b. PZ17-30 – Conduct Completeness Review of the application submitted by Dr. Vern Davidhizar for a Conditional Use Permit for Extraction of Natural Resources pursuant to Kenai Municipal Code 14.20.152 AND consider scheduling the application for a Public Hearing on October 25, 2017. Said application affects property located at 4905 Silver Salmon Dr., and further described as a portion of Government Lots 1 and 9, and a portion of the NE ¼ of Section 7, Township 5 North, Range 10 West lying West of Spur Highway and East of the Kenai River (Kenai Borough Parcel No. 04937136). ........................ 10 9. PENDING ITEMS: None ____________________________________________________________________________________ AGENDA KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING OCTOBER 11, 2017 - 7:00 P.M. Page 2 of 2 10. REPORTS: a. City Council ………………………………………………………………………………….…19 b. Borough Planning ……………………………………………………………………………...23 c. Administration 11. ADDITIONAL PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 12. INFORMATIONAL ITEMS: a. Planning & Zoning Resolutions – Third Quarter 2017 ................................................. 36 b. Building Permits – Third Quarter 2017 ....................................................................... 37 c. Code Enforcement Report – Third Quarter 2017 ........................................................ 39 13. NEXT MEETING ATTENDANCE NOTIFICATION: October 25, 2017 14. COMMISSION COMMENTS & QUESTIONS 15. ADJOURNMENT CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS SEPTEMBER 13, 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: D. Fikes, J. Twait, V. Askin, J. Halstead, G. Greenberg, K. Peterson, B. Springer Staff/Council Liaison present: City Planner M. Kelley, 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 Peterson SECONDED the motion. There were no objections; SO ORDERED. d.Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda; Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. e.*Excused Absences – None. Page 1 of 39Page 1 of 40 2. *APPROVAL OF MINUTES: a. *August 23, 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. PZ17-29 - 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 City Planner Kelley reviewed his staff report provided in the packet noting the plat vacated a property line which bisected a building making it a non-conforming use which resolved by the vacation. He recommended approval with the following conditions: • Further development of the property shall conform to all Federal, State, and local regulations; • 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; • The typographical errors within the title block should be corrected prior to recordation of the plat. MOTION: Commissioner Askin MOVED to approve Resolution No. PZ17-29 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 the property owner also owned the adjacent parcel and it was not believed that future planned work would require any additional re-platting. VOTE: YEA: Fikes, Greenberg, Askin, Twait, Halstead, Peterson, Springer NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: None. 7. UNFINISHED BUSINESS: None. Page 2 of 39Page 2 of 40 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 City Planner Kelley noted Schilling Rentals, LLC would be assuming the leases from Kenai Aviation Leasing Company, LLC. MOTION: Commissioner Peterson MOVED to recommend approval of the consent to Assignment of Lease of Airport Lands 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 and Commissioner Fikes SECONDED the motion. It was clarified that the 55-year lease expired in 2031 and was being assumed by Schilling Rentals. VOTE: YEA: Fikes, Greenberg, Askin, Twait, Halstead, Peterson, Springer NAY: MOTION PASSED UNANIMOUSLY. 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. City Planner Kelley noted the terms had been renegotiated since the previous approval in August and due to there being no reinvestment into the property, could only be renewed for five years. The new term negotiated was to renew for one year with the option for four additional years with the thought that the new policies and code would be implemented and would allow for different negotiating terms. MOTION: Commissioner Fikes MOVED to recommend approval of 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 and Commissioner Askin SECONDED the motion. It was clarified that the President of SOAR felt it was more advantageous TO enter into the one- year extension with the opportunity for an additional four years due to its lease rate and the upcoming leasing changes. Page 3 of 39Page 3 of 40 VOTE: YEA: Fikes, Greenberg, Askin, Twait, Halstead, Peterson, Springer NAY: MOTION PASSED UNANIMOUSLY. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Council Member Glendening reviewed the Action Agenda for the September 6 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 September 11 noting three plats had been approved and one time extension request had been approved. c. Administration – City Planner M. Kelley reported on the following: • Provided American Planning Association Conference information and reminded of the deadline for registering. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: September 27, 2017 14. COMMISSION COMMENTS & QUESTIONS: Commissioner Peterson congratulated Heinz on her promotion and thanked Commissioner Fikes and Councilor Glendening for their reports. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:36 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC City Clerk Page 4 of 39Page 4 of 40 STAFF REPORT To: Planning & Zoning Commission Date: October 11, 2017 Res: PZ17-32 GENERAL INFORMATION Transferor: Mary S. Darling P.O. Box 98 Kasilof, AK 99610 Transferee: Stephen M. Pyfer 116 Deepwood Ct. Kenai, AK 99611 Requested Action: Transfer of Conditional Use Permit PZ 97-24 a coffee house Legal Description: Lot 39A, Dolchok Subd. Street Address: 602 Peterson Way KPB Parcel No: 04704015 Existing Zoning: Townsite Historic District Current Land Use: Mixed Use ANALYSIS The Planning and Zoning Commission granted a Conditional Use Permit (PZ 97-24) to Mary Ann Alfano on June 25, 1997, for a coffee house. The business has been open since 1997, and has changed ownership numerous times as evidenced by the Transfers of Conditional Use Permit PZ97-24, as set forth below: On September 8, 2004, Conditional Use Permit PZ97-24 was transferred to Rebecca Lambourne and Stanley Coleman by Resolution PZ04-398; On December 10, 2008, Conditional Use Permit PZ97-24 was transferred to Diane E. Hooper by Resolution PZ08-61; and On December 11, 2013, Conditional Use Permit PZ97-24 was transferred to the Transferee, Shilo Miller, by Resolution PZ13-38; and On June 8, 2016, Conditional Use Permit PZ97-24 was transferred to the Transferor, Mary S. Darling. Page 5 of 39Page 5 of 40 On September 19, 2017, an Application for Transfer of Conditional Use Permit was submitted by Transferee, Stephen M. Pyfer, pursuant to Kenai Municipal Code as set forth below:  KMC 14.20.150(i)(5) A Conditional Use Permit is not transferable from one (1) parcel of land to another. Conditional Use Permits may be transferred from one (1) owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained.  KMC 14.20.158(a) No Conditional Use Permit issued hereunder shall be transferred until the proposed transferee has made application for transfer in writing filed with the administrative official, which application shall state that he intends to be bound by the plan and statements contained in the application of the permit holder or shall contain the amendments to the plan his proposed operation would mandate. The Commission shall approve the application for transfer and in so doing amend the site plan and statements if such amendments as are contained in the application for transfer would have been approved had they been contained in the original application. Stephen M. Pyfer, Transferee, has indicated that he agrees to operate under the terms and conditions of the original Conditional Use Permit PZ97-24. RECOMMENDATIONS Staff hereby recommends approval of the Transfer of Conditional Use Permit PZ97-24, subject to the following additional conditions: a. Applicant must comply with all Federal, State and local regulations. b. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.150(f) c. If there is a change of use for the above described property, a new Conditional Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5). ATTACHMENTS: Resolution PZ17-32 Application for Transfer of Conditional Use Permit Conditional Use Permit PZ97-24 Map of Subject Property Page 6 of 39Page 6 of 40   Resolution PZ 17‐32  Page 1 of 2                  CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ17-32 TRANSFER OF CONDITIONAL USE PERMIT PZ97-24 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A TRANSFER OF CONDITIONAL USE PERMIT TO: NAME: Stephen M. Pyfer USE: Coffee House LOCATED: Lot 39A, Dolchok Subd. – 602 Peterson Way KENAI PENINSULA BOROUGH PARCEL NO: 04704015 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sections 14.20.150(i)(5) and 14.20.158 has been submitted to the City of Kenai on September 19, 2017; 2. This request is on land zoned as TSH – Townsite Historic District; 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements:   a. Applicant must comply with all Federal, State and local regulations. b. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.150(f). c. If there is a change of use for the above described property, a new Conditional Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5). 210 Fidalgo Avenue, Kenai, Alaska  99611‐7794  Telephone: 907‐283‐7535 / Fax: 907‐283‐3014  www.kenai.city  Page 7 of 39Page 7 of 40   Resolution PZ 17‐32  Page 2 of 2    NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT FOR SHILO MILLER FOR A COFFEE HOUSE BE TRANSFERRED TO STEPHEN M. PYFER. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 11th day of October, 2017.   CHAIRPERSON: ATTEST: _______________________ Jeff Twait Jamie Heinz, City Clerk Page 8 of 39Page 8 of 40 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ97-24 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR: MARY ANN ALFANO USE A COFFEE HOUSE LOCATED 604 PETERSON WAY-LOT 39A-DOLCHOK SUBDIVISION WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.150 has been submitted and received on: Ma 21, 1997 2f This request is on land zoned: TSH-Townsite Historic District 31 That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. b. 4~ That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: ,tune 12, 1997 & June 25, 1997 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED COFFEE HOUSE 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, JUNE 25 , 1997. HAIRPERSON ATTEST. Planning ~cretary Page 9 of 39Page 9 of 40 SUBD. DOLCHOK AMENDED PETERSEN SUBD. NO. 3 U.S.S. 1435 TOYON MISSION ESTATES ADD'N. NO. 1BELUGALOOKOUTADDN. TOWNSITE OF KENAIKENAITZE ADDITION SUBD. 5 192A1 2 168-A 4 1-B 2 5 4 63 192A2 7 3 38-A 16 7 2 9 5 A1A1 8 7 25 4 TR. A-1B 2 6 8 5 2 39-A 1 4 151-A(6) (14) (7) (5) (8)10 0 0500504506502508 61360460611 0 4 11 0 5608 50911 0 6510602 513602 10 0 7 604 514515606 517608 101 3 10 0 1 101 2 610 101 0101 1 6 12 1109 1107420 11 0 6 10 1 0 92 9 151 5606 500504506502508510602604606494498606 11 0 4 11 0 5608 509513602 10 0 7 604 514515608 101 3 10 0 1 101 2 610 101 0101 1 6136 12 1109 915 10 1 0 92 9 151 5606420PETERSEN WAYMISSION STGARDEN MI S S I O N A V EOVERLAND AVEWESTWARD STINLET STOVERLAND AVEAL A S K A A V E MI S S I O N A V E 10 0 0500504506502508 61360460611 0 4 11 0 5608 50911 0 6510602 513602 10 0 7 604 514515606 517608 101 3 10 0 1 101 2 610 101 0101 1 6 12 1109 1107420 11 0 6 10 1 0 92 9 151 5606 500504506502508510602604606494498606 11 0 4 11 0 5608 509513602 10 0 7 604 514515608 101 3 10 0 1 101 2 610 101 0101 1 6136 12 1109 915 10 1 0 92 9 151 5606420 . 160 ' Date: 10/5/2017 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 159 feet Lot 39A, DOLCHOK SUBD. Text Subject Parcel Page 10 of 39Page 10 of 40 MEMORANDUM TO: Planning and Zoning Commission FROM: Matt Kelley, City Planner DATE: October 5, 2017 SUBJECT: PZ17-30 – Application Completeness Review The applicant Dr. Davidhizar has requested a Conditional Use Permit for the Extraction of Natural Resources on an approximately 52.57-acre parcel located off over Silver Salmon Drive. The subject parcel is located at 4905 Silver Salmon Drive, and further described as a portion of Government Lots 1 and 9, and a portion of the NE ¼ of Section 7, Township 5 North, Range 10 West lying West of Spur Highway and East of the Kenai River (Kenai Borough Parcel No. 04937136). The proposed project would extract approximately 500,000 cubic yards of gravel material over a period of three (3) years according to the applicant. The project would consist of the excavation of the existing top soil and over burden and the creation of two ponds, which would be approximately 20 feet deep. The ponds would then be allowed to fill with natural ground water thereby creating two small private lakes. Pursuant to Kenai Municipal Code, 14.20.152, staff is requesting that the Planning and Zoning Commission review the submitted application materials to determine if they are complete. The applicant has submitted a site plan, which shows the location of the proposed ponds to be a distance of 150 from surrounding property lines. Furthermore, the applicant has submitted a letter, which discusses the proposed project as well. Once the Planning and Zoning Commission has determined that, the application is complete, the Commission may then consider scheduling it for a Public Hearing at the next regular meeting of October 25, 2017. Should the Commission wish, pursuant to Kenai Municipal Code 14.20.152, additional information to determine application completeness may be requested and presented by the applicant for review at the next regular meeting of October 25, 2017. Thank you for your consideration. Page 11 of 39Page 11 of 40 Page 12 of 39Page 12 of 40 Page 13 of 39Page 13 of 40 Page 14 of 39Page 14 of 40 Page 15 of 39Page 15 of 40 Page 16 of 39Page 16 of 40 Page 17 of 39Page 17 of 40 STRAWBERRY RD CHINOOK D RDEVRAY STI ST. SE BWR TRR REAY SKE N A I T Z E C T D SOCKEYE CI NIGHTHAWKLNMAR T I N C T MUSKRAT WAYKENAI SPUR HWYCHINOOK C T SILVER S AL M O N D R STRAWBERRY RD SILVER SALMO N D R MOCKINGBIRD 4705 1320 4705 1320 451 0 451 5 452 0 47154715453 0 453 5 454 0 455 0 456 0 450 0 451 0 451 5 452 0 453 0 453 5 454 0 455 0 456 0 456 3 4 5 6 3 1 2 6 012401250 1 2 4 5 1310 49051 2 6 012401250 1 2 4 5 1310 4905446 3 458 6 4705 1205 1210121512201 2 1 0 1230 1220 1335 134513301225123010104570 446 310104570 458 6 4705 1205 12101215122012251230 47004575450 0 47074707 15001205 41 4 4 12001 2 1 0 1230 1220 1335 13451330 51051340 51101350 1 4 0 5 1 4 2 0 1 4 3 5 1 4 4 0 148 0 1331 4 0 0 2 15001205 41 4 4 120051051340 51101350 1 4 0 5 1 4 2 0 1 4 3 5 1 4 4 0 148 0 1331 4 0 0 2 51995199 52205220920472548054815 4804 4806 433 6 42 0 8 9204725 4805 4815 4804 4806 433 6 42 0 8 5205 5210 5201 1 2 4 0 5125511513 15 13 30 132013 35 133013401360137013853 8 56 13151315 5205 5210 5201 1 2 4 0 5125511513 15 13 30 132013 35 13301360137013853 8 56 5120KE N A I S P U R H W Y STRAWBERRY RD SILVER SALMO N D RCHINOOK DRI ST SE MUSKRAT WAYKING SALMON DR Location of ProposedGravel Pit / Ponds Location of ProposedGravel Pit / Ponds Private Driveway Page 18 of 39Page 18 of 40 THIS PAGE INTENTIONALLY LEFT BLANK Page 19 of 39Page 19 of 40 Page 20 of 39Page 20 of 40 Page 21 of 39Page 21 of 40 Page 22 of 39Page 22 of 40 THIS PAGE INTENTIONALLY LEFT BLANK Page 23 of 39Page 23 of 40 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 September 25, 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) ................................................ 7 *5. Plat Amendment Request - None *6. Utility Easement Vacation a. Ten foot utility easement vacation in the Nikiski area .................. 9 adjacent to the rear lot lines of Lots 4, 6, 7, 8, and 9, Block 2 and the remaining portion of the 10 foot utility easement adjacent to the rear lot line of Lot 5, Block 2 Galen Gray Subdivision, granted by Galen Gray Subdivision (Plat KN-899) within S15, T7N, R12W, SM, AK, within the KPB. File 2017-134V. Purpose as stated in petition: Six lots are being combined into one parcel. The utility easement will be right in the middle of the new parcel. By vacating the utility easement it will provide more usable area for the parcel. Petitioners: Barrett Jackman & Rebecca Corbeille-Jackman of Kenai, Alaska. b. Five foot wide utility easement vacation in ................................ 18 Kachemak City beyond the fifteen foot utility easement along the side lot lines within the building setback of Tract A-1 and Lots 5 and 6, Block 1 Kachemak Estates Subdivision 2004 (Plat HM 2005-34); within S1, T6S, R13W, SM, AK, within the KPB. File 2017-120V. Purpose as stated in petition: Petitioner is subdividing a Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2018 Syverine Abrahamson 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 24 of 39Page 24 of 40 large tract and rearranging the lot line between two lots adjoining the tract to the south. A right-of-way is being dedicated throughout the new subdivided area and a 15 foot wide utility easement will adjoin the right-of-way. Petitioner wishes to vacate the easements along the side lines within the building setback of the original tract. Petitioners: Kenneth Kleine and Nancy Kleine of Homer, Alaska. *7. Commissioner Excused Absences *8. Minutes a. September 11, 2017 Plat Committee Minutes b. September 11, 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 33' wide Section Line Easement................. 30 in Homer lying within Lot 1 Ditton 2014 Replat, Plat HM 2015-23. The Section Line Easement being vacated is unconstructed and located within the NE1/4 of S24, T06S, R14W, SM, AK, within the KPB. File 2017-098V. Purpose as stated in petition: Due to the nature of the slope of Lot 1, a leach field needs to be placed within the 33 foot section line easement. No section line easement exists to the north of this portion of section line easement. Petitioners: Tom Blackmon, Diane Ditton, James E. Travis, William James Blackmon, Joan Peters Blackmon of Homer, AK. 2. Resolution 2017-30; Conditional Land Use Permit for ........................... 67 material extraction on a parcel in the Nikiski area. Applicant: Remote Alaska Solutions; Landowner: GAS Holdings; Parcel Number: 014-180-05; Legal Description: The Northeast ¼ of the Northwest ¼ and the Northwest ¼ of the Northeast ¼, Section 15, Township 7 North, Range 12 West, Seward Meridian. Location: East of the Kenai Spur Highway, at the end of Tachatna Avenue. 3. Resolution 2017-31; Conditional Land Use Permit for ........................... 93 material extraction on a parcel in the Kenai National Wildlife Refuge. Applicant: Granite Construction Company; Landowner: U.S. Fish and Wildlife; Parcel Number: 025-180- 02; Legal Description: A portion of the North ½, Northeast ¼, Section 13, Township 5 North, Range 6 West, and a portion of the West ½, Northwest ¼, Northwest ¼, Section 18, Township 5 North, Range 5 West, Seward Meridian. Location: MP 63 Sterling Highway (½ mile east of Mystery Creek Road) G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) - None Paul Whitney PC Member City of Soldotna Term Expires 2020 Max J. Best Planning Director Mike Navarre Borough Mayor Page 25 of 39Page 25 of 40 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 9 preliminary plats. K. OTHER/NEW BUSINESS 1. Plat Committee (October, November, December 2017) - 5 Members / 2 Alternates 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 ................................... 156 - August 23, 2017 2. Highway Safety Improvement Project ................................................................ 162 NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, October 9, 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 26 of 39Page 26 of 40 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 27 of 39Page 27 of 40 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 6:00 p.m. September 25, 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. September 11, 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. Anderson Schmidt Subdivision ................................................................. 2 KPB File 2017-130 [Rodney P Kinney Assoc / Anderson, Schmidt] Location: Motsy St in the Sterling area 2. Commercial Park Unit 1 .......................................................................... 19 KPB File 2016-039R1 [Geovera / Arno, TI Investments, LLC] Location: Fireweed Lane, City of Homer Homer APC 3. Dannie Garroutte 2017 ........................................................................... 46 KPB File 2017-125 [Ability / Garroutte, Simpson] Location: Oil Well Rd in the Ninilchik area 4. Fernwood Subdivision Unit 3 Kleine Replat ............................................ 59 KPB File 2017-106 [Orion / Kleine] Location: Highview Ct in the Fritz Creek area Kachemak Bay APC 5. Hauck’s View Subdivision No. 2 ............................................................. 73 KPB File 2017-123 [Johnson / Hauck] Location: Cohoe Loop Rd 6. Haus Subdivision .................................................................................... 84 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 28 of 39Page 28 of 40 KPB File 2017-135 [Mullikin / Haus] Location: Old Sterling Hwy in the Anchor Point area Anchor Point APC 7. Johnson’s Landing No. Three ................................................................. 98 KPB File 2017-133 [Integrity / Johnson] Location: Katlin’s Way in the Salamatof area 8. McKinley Estates .................................................................................. 114 KPB File 2017-122 [Integrity / Sorhus] Location: Connor Rd & Yarrow Ave in the West Mackey Lake area 9. Moose Run Estates 2017 Addition ....................................................... 132 KPB File 2017-132 [Integrity / Russ] Location: East of Island Lake in the Nikiski 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, October 9, 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 29 of 39Page 29 of 40 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 October 9, 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. Twenty foot utility easement vacation adjoining .......................... 9 Voznesenka Loop within Lot 8-B Voznesenka Seven and Lot 24 Voznesenka Subdivision; excepting there from a ten foot by ten foot portion protecting a telephone pedestal adjoining Voznesenka Loop approximately 84 feet from the most westerly corner of Lot 8-B, granted by Voznesenka Subdivision (Plat HM 85-31); within S25, T4S, R11W, SM, AK and S36, T4S, R11W, SM, AK, within the KPB. KPB File 2017-116V. Purpose as stated in petition: This lot is used by the Voznesenka school and is very crowded. Both KPB and VCCI have buildings in the utility easement along the Voznesenka Loop Road right-of-way. Due to the large number of encroachments and the lack of a mechanism to grant an exception to utility easement encroachments, KPB has requested that we vacate the entire easement. Petitioner(s)/Owner(s): Voznesenka Community Council, Inc. of Homer, AK. *7. Commissioner Excused Absences Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2018 Syverine Abrahamson 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 30 of 39Page 30 of 40 a. James Isham, Sterling *8. Minutes a. September 25, 2017 Plat Committee Minutes b. September 25, 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. Public Hearing on a Limited Marijuana Cultivation ................................. 24 Facility License Application to provide comments to the State of Alaska. Applicant: Hardworking Hippies; Landowner: Michael Sheldon Penrod; Parcel Number: 131-400-34; Property Description: Lot 1, Walbar Subdivision, according to Plat 81- 127, Kenai Recording District. Location: 297756 Wilson St, Soldotna, AK. 2. Resolution 2017-35; Variance from the setback ..................................... 67 requirements on the north property line of Parcel 131-410-04 which is located in the College Heights Local Option (Single- family Residential R-1) Zoning District in the K-Beach area. Applicant: Robert & Cynthia Scott; Legal Description: Lot 4, Block 1 College Heights Subdivision, according to Plat 76-103, Kenai Recording District. Location: 33365 Community College Dr, Soldotna, AK. G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) 1. Resolution 2017-32; Conditional Use Permit to place ............................ 82 structures within the 50-foot Habitat Protection District of the Kenai River. This project is located on the right bank of the Kenai River at River Mile 17, Poacher’s Cove Planned Unit Development, Section 19, T5N, R10W, SM, KN0870069 AK. Petitioner: Evelyn Breazeal, Kenai, AK - Parcel 057-489-17, Lot 88. 2. Resolution 2017-33; Conditional Use Permit to place .......................... 104 structures within the 50-foot Habitat Protection District of the Kenai River. This project is located on the right bank of the Kenai River at River Mile 17, Poacher’s Cove Planned Unit Development, Section 19, T5N, R10W, SM, KN0870069 AK. Petitioner: Michael & Lacy Kelsey, Canby, OR – Parcel 057- 487-75, Lot 163 3. Resolution 2017-34; Conditional Use Permit to place .......................... 138 structures within the 50-foot Habitat Protection District of the Kenai River. This project is located on the right bank of the Kenai River at River Mile 17, Poacher’s Cove Planned Unit Development, Section 19, T5N, R10W, SM, KN0870069 AK. Paul Whitney PC Member City of Soldotna Term Expires 2020 Max J. Best Planning Director Mike Navarre Borough Mayor Page 31 of 39Page 31 of 40 Petitioner: Rhonda Koski, Anchorage, AK – Parcel 057-487-78, Lot 166. 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 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 NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, October 23, 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 Advisory Commission Meeting Location Date Time Anchor Point Anchor Point Chamber of Commerce TBD 7:00 p.m. Cooper Landing Cooper Landing Community Hall November 8, 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 32 of 39Page 32 of 40 Fax: 907-714-2378 e-mail address: planning@kpb.us website: http://www.kpb.us/planning-dept/planning-home Page 33 of 39Page 33 of 40 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 6:30 p.m. October 9, 2017 Tentative Agenda A. CALL TO ORDER B. ROLL CALL 1. Election of Officers (Chairman & Vice Chairman) C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences 3. Minutes a. September 25, 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. Galen Gray Subdivision Jackman Addition ............................................... 2 KPB File 2017-134 [Integrity / Jackman, Corbeille-Jackman] Location: Gray Ave & Tarawa St in the Nikiski area 2. Misty Mountain Subdivision 2017 Addition ............................................. 12 Right-of-Way Acquisition Plat KPB File 2017-139 [Integrity / Brown, Sullivan] Location: Suthard Blvd & Sunrise Ave in the Ridgeway area 3. Hope Lake Subdivision 2017 Addition .................................................... 22 KPB File 2017-137 [Johnson / Letzring, Inc] Location: Yewell Rd in the Kalifornsky area 4. Poacher’s Cove Craner Replat ............................................................... 35 KPB File 2017-138 [Segesser / Craner] Location: Big Eddy Rd in the Ridgeway area 5. James 2017............................................................................................. 50 KPB File 2017-128R1 [Orion / The Sign Tree, LLC, James] Location: Hematite Ave in the Fritz Creek area Kachemak Bay APC MEMBERS: Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2018 Cindy Ecklund PC Member City of Seward Term Expires 2020 Robert Ernst PC Member Northwest Borough Term Expires 2020 Virginia Morgan PC Member East Peninsula Term Expires 2019 ALTERNATES: Robert Ruffner PC Member Kasilof / Clam Gulch Term Expires 2018 Franco Venuti PC Member City of Homer Term Expires 2019 Paul Whitney PC Member City of Soldotna Term Expires 2020 Page 34 of 39Page 34 of 40 6. Kachemak Estates Subdivision No. 16 ................................................... 68 KPB File 2017-120 [Geovera / Beachy, Pate, Patten] Location: Morning Star Rd in Kachemak City Kachemak Bay 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, October 23, 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 35 of 39Page 35 of 40 THIS PAGE INTENTIONALLY LEFT BLANK Page 36 of 39Page 36 of 40 Page 37 of 39Page 37 of 40 Page 38 of 39Page 38 of 40 Page 39 of 39Page 39 of 40 MEMORANDUM TO: Planning & Zoning Commission THROUGH: Matt Kelley, City Planner FROM: Wilma Anderson, Planning Assistant DATE: October 11, 2017 SUBJECT: Code Enforcement Action 2017 Third Quarter Report Planning & Zoning currently has 5 active code cases: Junk Vehicles 4 Junk Vehicles and Debris & Junk 0 Debris & Junk 0 Garbage 0 Building Code Violation 1 Miscellaneous Code Violation 0 Cases transferred to Legal Department/Civil Penalties being assessed. 0 TOTALS: 5 Code Enforcement Action during the months of July – Sept., 2017: Closed Cases 2 Opened Cases 3 Page 40 of 40