HomeMy WebLinkAbout2018-02-14 Planning & Zoning PacketAGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
FEBRUARY 14, 2018 - 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: January 24, 2018 .............................................................. 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. Resolution PZ2018-04 – Application for Transfer of Conditional Use Permit PZ96-73 for
a Retail of Plants and Garden Accessories from Residential Greenhouse, from Connie
Royal Transferor, to Daniel Foust, Transferee, for the property located at 4806 Strawberry
Road, and further described as Tract 1, A Rocking Bar Subdivision. The application was
submitted by Daniel Foust, 4806 Strawberry Road., Kenai, Alaska 99611 …………………7
b. PZ17-30 - Review of 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. 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)………………………………………………..14
____________________________________________________________________________________
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
FEBRUARY 14, 2018 - 7:00 P.M.
Page 2 of 2
9. PENDING ITEMS: None
10. REPORTS:
a. City Council ………………………………………………………………………………….32
b. Borough Planning ……………………………………………………………………..........36
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: February 28, 2018
14. COMMISSION COMMENTS & QUESTIONS
15. ADJOURNMENT
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
JANUARY 24, 2018 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
http://www.kenai.city
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 the Allegiance.
b. Roll Call
Commissioners present: J. Twait, V. Askin, G. Greenberg, K. Peterson, B. Springer,
D. Fikes
Staff/Council Liaison present: City Planner M. Kelley, Deputy Clerk J. Kennedy, Planning
Assistant W. Anderson, Council Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Peterson MOVED to approve the agenda and Commissioner Fikes SECONDED
the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda and 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 – Commissioner J. Halstead
2. *APPROVAL OF MINUTES: January 10, 2018
Meeting minutes approved by the consent agenda.
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3. SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled.
4. UNSCHEDULED PUBLIC COMMENT: (3 minutes)
Chairman Twait called for public comment with none being offered.
5. CONSIDERATION OF PLATS:
a. Resolution PZ2017-43 – Original Preliminary Plat of Pelch Subdivision White Addition,
submitted by McLane Consulting, Inc. P.O. Box 468, Soldotna, Alaska 99669, on behalf
of James A. White, 2214 Stephanie Brooke, Wenatchee, WA 98801
Clerical error was noted regarding the Resolution number on the agenda; it should have been
PZ2017-42. The correct documentation was provided in the packet.
City Planner Kelley reviewed his staff report, which was provided in the packet, noting the
proposed preliminary plat will create three lots from an aliquot part parcel and was zoned Rural
Residential. He further noted that number (2) on the proposed preliminary plat stated “A building
setback of twenty (20) feet is required from all street rights-of-way”. However, the building set
back requirements were subject to change, and the City recommended that the current note be
removed and replaced with the following notation: Development of this parcel is subject to the
City of Kenai Zoning Standards.
Based on City Planner review, approval was recommended with the following conditions:
• Further development of the property shall conform to all Federal, State and local
regulations.
• Block One should be added to the face of the plat.
• The City Manager for the City of Kenai must sign the plat to acknowledge acceptance of
the right-of-way dedication of Ames Road.
MOTION:
Commissioner Askin MOVED to approve Resolution No. PZ2017-42 with staff recommendations
and the amendment; Commission Vice-Chair Springer SECONDED the motion.
Chairman Twait opened the floor for public testimony; there being no one who wished to speak,
the public comment period was closed.
VOTE:
YEA: Peterson, Fikes, Askin, Greenberg, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
b. Resolution PZ2018-02 – Original Preliminary Plat of Original Townsite of Kenai Bluff
Replat, submitted by Segesser Surveys, 30485 Rosland St., Soldotna, AK 99669, on
behalf of Jerry A. Sprague and Patricia Bushman-Sprague 2012 Trust, 32000 Green
Rd., Cloverdale, CA 95425; Julie Latta, 37070 Cannery Rd., Kenai, AK 99611; and City
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of Kenai, 210 Fidalgo Ave., Kenai, AK 99611
City Planner Kelley reviewed his staff report, which was provided in the packet, noting it was part
of the Bluff Erosion project that the City was actively pursuing. It was further noted that Tract A of
the proposed plat would become part of the bluff erosion project and would not be serviced by
water, sewer or utilities.
Based on his review, approval was recommended with the following conditions:
• Further development of the property shall conform to all Federal, State and local
regulations.
• The City Council for the City of Kenai must approve the vacation of the right-of-way for
Riverview Drive pursuant to Kenai Municipal Code 22.05.110 and Kenai Peninsula
Borough Code 20.70.110.
• The City Manager must sign the proposed plat to accept the dedication of the right-of-
way created on the parcel of property owned by the City of Kenai.
• The area that the City of Kenai is proposing be dedicated to right-of-way should be
delineated or noted on the plat.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ2018-02 with staff
recommendations and Commissioner Peterson SECONDED the motion.
Chairman Twait opened the floor for public testimony; there being no one who wished to speak,
the public comment period was closed.
It was clarified that only one additional plat was expected to come before the Commission in
regards to the Bluff Erosion Project. It was further clarified that the City would only be purchasing
part of the parcel along the top of the Bluff property line, out to the river.
VOTE:
YEA: Peterson, Fikes, Askin, Greenberg, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS:
Resolution PZ2017-40 - Application for a Conditional Use Permit to construct and operate an
approximately 1,656-square-foot Marijuana Product Manufacturing Facility located on an
approximately 1-acre parcel, which is, zoned Light Industrial (IL). The use would consist of the
extraction of Marijuana Concentrate from Marijuana via CO2 extraction technology and ethanol
extraction, located on the property known as 14927 Kenai Spur Highway, Lots 1—5, Block 4,
Radar Subdivision, KPB Parcel No. 03901010. Application submitted by: Buddy Crowder d/b/a
Herban Extracts, 410 Magic Avenue, Kenai, Alaska 99611
City Planner Kelley reviewed his staff report, which was provided in the packet, noting it was
specifically to construct and operate a Marijuana Product Manufacturing Facility, not for retail to
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the general public. Based on his review, approval was recommended 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.
• Prior to issuance of the Building Permit, the applicant shall submit a Landscape Site Plan
for review and approval by Planning Administration. The Landscape Site Plan shall
demonstrate compliance with Kenai Municipal Code Chapter 14.25 – Landscaping/Site
Plan Regulations.
• Prior to final of the Building Permit, the applicant shall submit a letter from the Department
of Environmental Conservation, which demonstrates approval of the Septic and Water
Well.
• Prior to issuance of the Building Permit, the applicant shall submit a copy of the recorded
final subdivision plat of Radar Subdivision 2017 Replat.
• Prior to operation of the Marijuana Product Manufacturing Facility, the applicant shall
submit a copy of the approved and fully executed license from the Alaska Alcohol &
Marijuana Control Board. The applicant shall comply with all regulations as stipulated by
the State of Alaska Marijuana Control Board.
• A Sign Permit will be required for the construction of any proposed signage.
• Pursuant to Kenai Municipal Code Section, 14.20.150(f) the applicant shall submit an
Annual Report to the City of Kenai.
MOTION:
Commission Vice-Chair Springer MOVED to approve Resolution No. PZ2017-40 with staff
recommendations and Commissioner Greenberg SECONDED the motion.
Chairman Twait opened the floor for public testimony.
Buddy Crowder spoke in support and noted that the business would be operated in compliance
with the Alaska Statutes. The business was for extraction of oils and manufacturing only, not retail
or open to the public; would be good for increased business and tax base for the City of Kenai.
Crowder reported that he had been in Alaska since 1965, owned and operated several businesses
over the years, and hoped to prove to people that there could be healthy business coming out of
the marijuana field.
Concern was expressed about the use of ethanol and its flammability. It was clarified that if
ethanol was used, it would be specifically for the chilling process.
Lisa Coats, business partner to Crowder, provided an overview of the use of ethanol.
Coats clarified that there would be no need to have special qualifications to work with the
chemicals and expected less than five employees. She added that they had a chemist and her
personal career was based in a lab; the process would be to make only a good quality oil with no
special additives to it.
Ryan Tunseth, spoke in support; stated Alaskans voiced support in marijuana use. He noted this
would strengthen the overall health and safety standards that related to the products and prevents
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a diversion of products to minors. Tunseth added he knew Crowder most of his life, children grew
up together, family friend and he represented a consistency in character that would contribute to
a business the City of Kenai would be proud of. Tunseth further added that he had known Coats
much of his professional life and had full confidence in her quality work and he expressed his
intention to carry Urban Extracts in his retail store.
There being no one else who wished to be heard, the public comment period was closed.
VOTE:
YEA: Fikes, Askin, Greenberg, Twait, Springer, Peterson
NAY:
MOTION PASSED UNANIMOUSLY.
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS: None
9. PENDING ITEMS: None
10. REPORTS:
a. City Council – Council Member Knackstedt reported the following:
• Reviewed the action agenda from the January 17 City Council meeting;
• A carport was being built to display the renovated firetruck in the City of Kenai;
• A presentation was done by Project Homeless Connect, it was very informative;
• A vacancy on Parks and Recreation Commission.
b. Borough Planning –Commissioner Fikes reported that the Kenai Peninsula Borough
meeting was on January 22; main topic of discussion was the relocation of the Cooper
Landing Sporting Club shooting range. The Borough approved leasing the new property to
the Club. The Club would recycle any projectiles and any funds from it would be returned to
the Borough. Fikes further noted the Peninsula Central Emergency Services is in need of a
new fire station; the current location was shared by the Police Department in Soldotna and
space was minimal; some potential new sites were discussed.
c. Administration – City Planner Kelley noted that on January 9 he met with a Project
Manager for Dr. David Hizer’s Gravel Pit; discussed code, visual impacts, and he expected
something to come back soon with a revised application. Kelley further reported that this
would be his last Planning and Zoning Commission meeting as he was leaving the City of
Kenai, returning to California to be closer to family. He expressed his gratitude for the
Commissioners and the City of Kenai.
W. Anderson expressed appreciation for Kelley and offered best wishes.
11. ADDITIONAL PUBLIC COMMENT: (3 Minutes)
Commission Chair Twait opened the floor for public testimony; there being no one who wished to
speak, the public comment period was closed.
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12. INFORMATIONAL ITEMS – None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: February 14, 2018
14. COMMISSION COMMENTS & QUESTIONS
All Commissioners expressed appreciation to City Planner Kelley, congratulated him and
wished him farewell. His skill set, experience, and his great work with the Commission was
noted.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:58 p.m.
Minutes prepared and submitted by:
_____________________________
Jacquelyn Kennedy
Deputy City Clerk
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STAFF REPORT
To: Planning & Zoning Commission
Date: February 14, 2018 Res: PZ2018-04
GENERAL INFORMATION
Transferor: Connie Royal
48843 Jones Rd.
Soldotna, AK 99669
Transferee: Daniel Foust
4806 Strawberry Rd.
Kenai, AK 99611
Requested Action: Transfer of Conditional Use Permit PZ96-73 – Retail Sale of
Plants and Garden Accessories from Residential
Greenhouse
Legal Description: Tract 1, A Rocking Bar Subdivision
Street Address: 4806 Strawberry Rd.
KPB Parcel No: 04937107
Existing Zoning: Rural Residential
Current Land Use: Mixed Use
ANALYSIS
The Planning and Zoning Commission granted Conditional Use Permit PZ96-73 to
Connie Royal on December 11, 1996, for the Retail Sale of Plants and Garden
Accessories from Residential Greenhouse. The business has been operating since the
summer of 1996. This is a family business, Mr. Foust is the son of Connie Royal and
she has transferred her ownership in the business to him.
On January 17, 2018, an Application for Transfer of Conditional Use Permit was
submitted by Transferee, Daniel Foust, 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
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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.
Daniel Foust, Transferee, has indicated that he agrees to operate under the terms and
conditions of the original Conditional Use Permit PZ96-73.
Mr. Foust filed an annual report for 2017, pursuant to Kenai Municipal Code
14.20.150(f). Further, Mr. Foust is current with obligations due the City of Kenai and the
Kenai Peninsula Borough.
RECOMMENDATIONS
Staff hereby recommends approval of the Transfer of Conditional Use Permit PZ96-73,
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 PZ2018-04
Application for Transfer of Conditional Use Permit
Conditional Use Permit PZ96-73
Map of Subject Property
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2018-04
TRANSFER OF CONDITIONAL USE PERMIT PZ96-73
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: Daniel Foust
USE: Retail Sale of Plants and Garden Accessories from Residential Greenhouse
LOCATED: Tract 1, Rocking Bar A Subdivision
KENAI PENINSULA BOROUGH PARCEL NO: 04937107
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 January 17, 2018;
2. This request is on land zoned as RR – Rural Residential;
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
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NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT
FOR CONNIE ROYAL FOR THE RETAIL SALE OF PLANTS AND GARDEN
ACCESSORIES FROM RESIDENTIAL GREENHOUSE BE TRANSFERRED TO
DANIEL FOUST.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 14th day of February, 2018.
CHAIRPERSON: ATTEST: _______________________
Jeff Twait Jamie Heinz, City Clerk
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850 '
Date: 2/7/2018
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 833 feet
Tract 1, A RockingBar Subdivision 13
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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.
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Location of ProposedGravel Pit / Ponds
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ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
FEBRUARY 7, 2018 – 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. Alaska Permanent Capital Management – Kenai Permanent Fund Investment
Performance for 2017, Outlook for 2018, and Establishment of the 2018 Investment
Allocation and Benchmarks. [Clerk’s Note: It has been requested to allow 20-25
minutes to complete this presentation.]
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. 2999-2018 – Increasing / (Decreasing)
Estimated Revenues and Appropriations in the Airport Equipment Capital Project Fund
and Authorizing Grant Amendments to Adjust Estimated Grant Proceeds as a Result
of Proceeds from the Sale of Equipment Previously Purchased with Federal Aviation
Administration Grant Funds.
2. ENACTED UNANIMOUSLY. Ordinance No. 3000-2018 – Accepting and
Appropriating a Federal Grant from the Institute of Museum and Library Services
(IMLS) Passed Through the Alaska State Library for Employee Travel and Training.
3. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3001-2018 – Repealing
and Re-Enacting Kenai Municipal Code Section 7.15.090- Sales, Surplus, Competitive
Bidding to Provide Administrative Authority for the Disposal of Certain Surplus or
Obsolete Supplies, Materials or Equipment.
32
4. ENACTED UNANIMOUSLY. Ordinance No. 3002-2018 – Increasing / (Decreasing)
Estimated Revenues and Appropriations in the Personal Use Fishery Fund for the
Remaining FY2018 Expenditures which were Presented in the 2017 Kenai River
Personal Use Fishery Report.
5. ENACTED UNANIMOUSLY. Ordinance No. 3003-2018 – Amending Kenai Municipal
Code Section 17.10.010-Mandatory Connection and Abandonment of Old Well, and
Section 17.20.010- Mandatory Connections and Abandonment of Old On-Site Sewer
Systems, to Change the Mandatory Connection Requirements.
6. POSTPONED INDEFINITELY. Ordinance No. 3004-2018 – Amending Kenai
Municipal Code Section 1.15.050-Order of Business, to Amend the Use of the Pending
Legislation Agenda Item and Make Other Housekeeping Changes.
7. FAILED. Ordinance No. 3005-2018 – Amending Kenai Municipal Code Chapter 7.10-
Sales Tax, to Exempt Public Water and Sewer Utility Services to Residential Housing
from the City’s Levy of Sales Tax.
8. ADOPTED UNANIMOUSLY. Resolution No. 2018-04 – Amending the City of Kenai
Public Records Management and Record Retention Policy Adopted on May 17, 2017
by Resolution No. 2017-22 by Amending Retention Lengths on Meeting Packets and
Providing for Retention for Business License Records and Making Other
Housekeeping Changes.
9. ADOPTED UNANIMOUSLY. Resolution No. 2018-05 - Adopting a Policy to Provide
Procedures for Including Contingency in Contracts.
10. ADOPTED UNANIMOUSLY. Resolution No. 2018-06 – Authorizing the City of Kenai
Mayor to Sign Kenai Peninsula Borough Joint Resolution No. 2018-001 Requesting
the Alaska Board of Fisheries Adopt a Policy to Rotate the Upper Cook Inlet Finfish
Meeting Between the Three Principle Communities of Kenai/Soldotna, Palmer/Wasilla,
and Anchorage.
11. ADOPTED UNANIMOUSLY. Resolution No. 2018-07 – Consenting to the Vacation
of Certain Rights-of-Way and Utility Easements within the Proposed Buxton
Subdivision, Eagle Rock Addition.
12. ADOPTED UNANIMOUSLY. Resolution No. 2018-08 – Pertaining to the Authorized
Investments of, the Investment Allocations of, and Establishing Appropriate
Benchmarks to Measure Performance of the City’s Permanent Funds for Calendar
Year 2018.
13. ADOPTED UNANIMOUSLY. Resolution No. 2018-09 – Amending its
Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to
Land Lease Application and Renewal Application Fees for Airport Reserve Land.
14. ADOPTED UNANIMOUSLY. Resolution No. 2018-10 – Approving a Standard Lease
Form for Leasing Airport Reserve Lands.
E. MINUTES
33
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of January 17, 2018
2. APPROVED BY THE CONSENT AGENDA. *Corrected Minutes of May 20, 2014
F. UNFINISHED BUSINESS
1. FAILED. Ordinance No. 2992-2017 - Waiving the Requirements of KMC 17.20.010 -
Mandatory Connections and Abandonment of Old On-Site Sewer Systems, for 2737
Iliamna Road. [Clerk’s Note: This Item was Postponed to this Meeting from the January
17, 2018 Meeting; A Motion to Enact is On the Floor.]
2. POSTPONED AS AMENDED TO 02/21/2018. Ordinance No. 2993-2017 - Amending
Kenai Municipal Code Chapter 14.25-Landscaping/Site Plan Regulations, to Require
Landscaping and Site Plans for All Retention Basins, Commercial, Industrial and
Multifamily Development and Land Clearing in Certain Zones in the City and Making
other Material and Housekeeping Changes. [Clerk’s Note: This Item was Postponed
to this Meeting from the January 3, 2018 Meeting; A Motion to Enact is On the Floor.]
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be Ratified.
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Purchase Orders
Exceeding $15,000.
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Non-Objection to
Liquor License Renewals for:
• Acapulco Mexican Restaurant
• Main Street Tap & Grill
• American Legion Post #20
4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 02/21/2018.
*Ordinance No. 3006-2018 – Increasing Estimated Revenues and Appropriations by
$1,441.42 in the General Fund for the Police Department to Purchase Supplies from
Asset Forfeiture Funds Received from the State of Alaska.
5. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 02/21/2018
*Ordinance No. 3007-2018 – Appropriating Available Fund Balance to the
Multipurpose Facility Capital Project Fund for Facility Improvements Including the
Purchase of New Heaters for the Player Benches and Spectator Area.
6. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 02/21/2018
*Ordinance No. 3008-2018 – Accepting and Appropriating $1,600.00 from the Kenai
Chamber of Commerce and Visitor Center (the Chamber) for a New Camera in
Support of the City and the Chamber’s Joint Eagle Camera Project.
7. EASEMENT APPROVED. Action/Approval – Consent to Non-Exclusive Easement
to ACS of the Northland, Inc., for the Installation of Underground Telecommunication
Utilities at Two Locations through Lands Owned by the City of Kenai.
34
8. PROGRAM APPROVED. Action/approval – Council Approval to Implement the
“Read on the Fly Program” at the Kenai Municipal Airport.
9. ISSUANCE OF RFP AUTHORIZED. Action/Approval – Authorizing the Issuance of
a Request for Proposal for Audit Services.
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
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.
35
KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
February 12, 2018 - 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. Nedosik Tracts Tulin Skyline Highland
KPB File 2000-130 [Johnson/Tulin]
Location: Diamond Ridge
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval
*4. Plats Granted Final Approval (20.10.040) - None
*5. Plat Amendment Request - None
*6. Utility Easement Vacation
a. Vacation of the remainder of the 20' utility easement, 10’ on each
side of the shared lot line between Lots 2 and 3 Block Four
Parsons Lake Shores Subdivision, granted by Parsons Lake
Shores Subdivision (Plat KN 84-205); within S18, T7N, R11, SM,
AK, within the KPB. File 2017-177V. Purpose as stated in
petition: Two lots are being combined into one parcel. The
vacation of the utility easement (which will be in the middle of the
new parcel) will allow for the entire parcel to be used by the land
owner. Petitioners: Douglas and Rose Armstrong of Kenai, AK.
*7. Commissioner Excused Absences
a. Harry Lockwood, Ridgeway
b. Blair Martin, Kalifornsky Beach
*8. Minutes
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Syverine Abrahamson-
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
36
a. January 22, 2018 Plat Committee Minutes
b. January 22, 2018 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 to vacate Horwarth Street, a 30-foot wide right-of-way
adjoining the eastern lot line of Tract D-1 of Ten-Mar Ranch Bowser
Addition as dedicated on Ten-Mar Ranch Bowser Addition, Plat KN
2004-115. The right-of-way being vacated is unconstructed and located
within the SW1/4 SW1/4 of S18, T5N, R9W, SM, AK, within the KPB. File
2017-112V. Purpose as stated in petition: The right-of-way that is being
dedicated is not used for access to any parcels. There is no connection
from any other right-of-ways to the right-of-way that is being vacated. It is
essentially a "landlocked" right-of-way. The parcels in the parent plat are
being combined into one lot. If the property is subdivided in the future
then right-of-way dedication will occur at that time to provide access to all
parcels. Petitioners: Timothy L and Marian S Bowser Trust and Maurice I
Hughes of Soldotna, AK.
2. Public hearing on a Limited Marijuana Cultivation Facility license
application to provide comments to the State of Alaska. Applicant:
Althea’s Morning Bear Cultivation; Landowner: Brennan Norden; Parcel
Number: 137-230-59; Property Description: Lot 33, Benchmark
Subdivision Renault 1986 Subdivision of Tract D, according to Plat 86-
122, Kenai Recording District; Location: 21565 Evelyn May St, Kasilof.
3. Ordinance 2018-____; Authorizing the Negotiated Lease of Office and
Meeting Space at the Nikiski Community Recreation Center.
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18)
1. Resolution 2018-02; Public notice is hereby given that an application for
a Conditional Use Permit has been received to improve Beaver Loop
Road and add a Pedestrian Pathway from milepost (MP) 0.0 to MP 3.75.
The project is located in the City of Kenai and within the 50-foot Habitat
Protection District.
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
Paul Whitney
PC Member
City of Soldotna
Term Expires 2020
Max J. Best
Planning Director
Charlie Pierce
Borough Mayor
37
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
- January 10, 2018
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday,
February 12, 2018 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 March 7, 2018 6:00 p.m.
Moose Pass Moose Pass
Community Hall TBD 6:30 p.m.
Hope / Sunrise Hope Social Hall TBD 6:00 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.
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KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:00 p.m. February 12, 2018
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. January 22, 2018 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. Tsunami View No. 2
KPB File 2018-003
[Ability / Nelson, Nehus] Location: West Bayview Ave & Dehel Ave City of Homer 2. J. Waddell Survey Dierich Addition Lot 4B – 3A 2018 Replat KPB File 2018-002 [Seabright / Kenai Peninsula Housing Initiatives, Inc] Location: Nelson Ave & Ronda St City of Homer 3. McCord Subdivision KPB File 2018-004 [Tinker Creek / McCord] Location: Dolly Varden Way & Blue Ridge Ave Ridgeway Area
4. Robinette Subdivision Laurel Ryan Addition No. 2
KPB File 2018-001
[Johnson / Harris]
Location: Padfoot Ave E
Sterling Area
5. Norman K. McGahan 2018 Addition
KPB File 2017-179
[Integrity / North Kenai Chapel, Inc.]
Location: Kenai Spur Hwy & Providence Cir
Nikiski Area
MEMBERS:
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Cindy Ecklund
PC Member
City of Seward
Term Expires 2020
Robert Ruffner
PC Member
Kasilof / Clam Gulch
Term Expires 2018
Paul Whitney
PC Member
City of Soldotna
Term Expires 2020
ALTERNATES:
Robert Ernst
PC Member
Northwest Borough
Term Expires 2020
James Isham
PC Member
Sterling
Term Expires 2018
40
6. Right of Way Acquisition Kenai Spur Highway Rehabilitation - Phase II
KPB File 2017-171
[State of AK DOT / State of Alaska]
Location: Sports Lake Rd to Robin Dr
City of Kenai
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, February 26,
2018 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
41