HomeMy WebLinkAbout2018-03-28 Planning & Zoning PacketAGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
MARCH 28, 2018 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
http://www.kenai.city
Work Session from 6:00 p.m. to 7:00 p.m. to discuss amending
Kenai Municipal Code 14.20.330 – Standards for Commercial
Marijuana Establishments.
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: March 14, 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:
a. Resolution PZ2018-06 - Application for a Conditional Use Permit for an Overflow Parking
Lot located on property known as 260 S. Willow St., and further described as Lot 4A,
Aleyeska Subdivision Merit Addition; for the benefit of properties located at 255 S. Willow
St., 215 S. Willow St., and 220 Caviar Street Kenai, Alaska 99611, and further described
as Lots 8, 9, and 12, Aleyeska Subdivision, Part 2. The application was submitted by
Stephen M. and Roberta J. England, 140 Bidarka St., Unit 1466, Kenai, AK 99611 … 7
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS: None
9. PENDING ITEMS: None
____________________________________________________________________________________
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
MARCH 28, 2018 - 7:00 P.M.
Page 2 of 2
10. REPORTS:
a. City Council ............................................................................................................... 23
b. Borough Planning .................................................................................................... 27
a. 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: April 11, 2018
14. COMMISSION COMMENTS & QUESTIONS
15. ADJOURNMENT
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
MARCH 14, 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: Chair J. Twait, Vice-Chair R. Springer, J. Halstead, K.
Peterson, V. Askin, D. Fikes, G. Greenberg
Commissioners absent: None.
Staff/Council Liaison present: City Manager P. Ostrander, City Clerk J. Heinz, 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 Halstead
SECONDED the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda and Commissioner Halstead
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.
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2. *APPROVAL OF MINUTES: February 14, 2018 and February 28, 2018.
The minutes were approved by the Consent Agenda.
3. SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled.
4. UNSCHEDULED PUBLIC COMMENT: (3 minutes) None.
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS:
a. Resolution PZ2018-05 - Application for a Conditional Use Permit to operate an
approximately 984 square-foot Marijuana Cultivation Facility, Standard, within an
existing approximately 1,216 square foot detached garage; located on the property
known as 505 Ames Rd., Kenai, AK 99611, and further described as a portion of the
NW1/4SW1/4, Section1, Township 5 North, Range 11 West. Application submitted by:
Janna Karvonen, d/b/a Lone Fox Farms LLC, P.O. Box 393, Sterling, AK 99672.
[Clerk’s Note: Commissioner Fikes joined the meeting at 7:06 p.m.]
City Manager Ostrander reviewed the staff report, which was provided in the packet, noting the
marijuana cultivation facility would occupy an existing detached garage, reviewed the findings
relevant to the criteria for issuance pointing out that the Conditional Use Permit could be approved
with the following conditions:
• Further development of the property shall conform to all State and local regulations;
• A building permit will be required for the remodeling of the Commercial Marijuana
Establishment as shown on the submitted floor plan;
• Prior to operation of the Marijuana Cultivation Facility, Standard, the property owner
shall submit a copy of an approved Business License issued by the State of Alaska,
Department of Commerce, Community and Economic Development;
• Prior to operation of the Marijuana Cultivation Facility, Standard, the property owner
shall submit a copy of the approved and fully executed license or the Marijuana
Cultivation Facility, Standard. The applicant shall comply with all regulations as
stipulated by the State of Alaska Marijuana Control Board;
• Other than a 1.5 foot x 2 foot sign near the main entrance of the building that will
contain the name if the business, no signs will be placed on the subject parcel or on
the subject Commercial Marijuana Establishment, which will advertise its use on the
property;
• All security lighting for the Commercial Marijuana Establishment shall be downcast
and shielded;
• Pursuant to Kenai Municipal Code Section 14.20.330(e), the Commercial Marijuana
Establishment shall not emit an odor that is detectable by the public from outside the
Commercial Marijuana Establishment;
• The Commercial Marijuana Establishment may not increase in square footage
without a new or amended Conditional Use Permit;
• Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit
an Annual Report to the City of Kenai.
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MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ2018-05 with staff
recommendations and Commissioner Halstead SECONDED the motion.
Chairman Twait opened the floor for public testimony.
Tim Flick spoke in opposition suggesting it would impair property values; expressed concern with
the unknown outlet of the floor drain; also expressed concern that it was a Landlord/Tenant
situation.
Casey Bierner inquired about a petition of neighbors stopping the Commercial Marijuana
Establishment from operating.
Phil Daniel spoke in opposition noting he had small children and was concerned with the proximity
of the establishment to the property line; asked if a condition could be added for a privacy fence
to keep children from accessing property.
Tim Flick pointed out that Alaska Department of Transportation was doing construction on Beaver
Loop Road and was doing a lot of clearing; expressed concern that the establishment would be
seen from the road.
There being no one else wishing to be heard, public comment was closed.
MOTION:
Commissioner Halstead MOVED to amend by requiring a six-foot slatted screening fence on the
back and side lot area as appropriately deemed by land management and Commissioner Askin
SECONDED the motion.
It was noted the fence was to provide for screening for children in the neighborhood.
Removal of naturally screening trees to construct a fence and setting precedence for requiring a
fence were discussed.
The motion was withdrawn with approval of the second.
The unknown outlet of the floor drain and the location of restroom facilities for employees were
discussed.
Commissioner Springer noted he disagreed with Administration with regard to values of adjoining
properties stating that, in his opinion as a Real Estate Broker, the values would be impaired as
potential buyers are made aware of marijuana facilities in disclosure statements and if there was
one aspect of a neighborhood a buyer didn’t like, they wouldn’t purchase the property. He pointed
out that during work sessions where the Commission was creating guidelines, they recommended
marijuana establishments not be allowed in residential areas and that had been changed to
permitted by Conditional Use Permit; suggested readdressing the issue.
Commissioner Greenberg noted the standard cultivation license provided for unlimited square
footage and didn’t think a standard license was appropriate for a garage in a residential area; was
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more appropriate as an industrial use.
It was clarified that the license was held by the tenant and without a marijuana establishment
license, the facility could not be operated by anyone else. It was further clarified that the
Conditional Use Permit was associated with the property and was transferrable so, if another
licensee came in, the Conditional Use Permit could be transferred.
Commissioner Fikes expressed concerns with the tenant/landlord situation, with the unknown
drain outlet and the potential use of pesticides, and the industrial type use with no means of
screening or buffering.
Commission Chair Twait pointed out that use of pesticides was not in the scope of the
Commission’s concern.
It was pointed out that if Commissioners intended to deny the Permit, the decision needed to be
based on something in the code and drainage out of a floor drain was not a criteria in code.
VOTE:
YEA: Peterson, Twait, Greenberg
NAY: Fikes, Springer, Halstead, Askin
MOTION FAILED.
Chairman Twait noted there was a 15-day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS: None
9. PENDING ITEMS: None
10. REPORTS:
a. City Council – Council Member Knackstedt reviewed the action agenda from the March 7
City Council meeting and added the City was recruiting for Public Works Director and
reviewing the candidates for the City Planner. He also pointed out that that denying a
Conditional Use Permit required the decision to be based on findings and code; suggested
the Commission have discussions and request Administration’s help drafting defendable
code changes and forward to Council to adopt.
b. Borough Planning – Commissioner Fikes noted that on March 12 the Commission
approved two Conditional Use Permits in the water habitat district to improve a walkway
and place structures; postponed a third Conditional Use Permit for the purpose of
requesting more information; approved a Conditional Use Permit for material extraction in
the Happy Valley area.
c. Administration – City Manager Ostrander reported on the following:
• Alaska Department of Corrections work camp at PacStar for inmates may require a
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change of use; not pursuing program immediately;
• Alaska Gas line Development Corporation looking at feasibility of extending the City’s
water lines six miles north; found it to be feasible with added wells; will insure no
negative impacts to residents if the decision is made to move forward;
• The Alaska Board of Fisheries agreed to hold their 2020 meeting in the Kenai/Soldotna
area; thanked Mayor Gabriel for participating in person;
• The new owner of the theater and fun center was getting started on improvements to
screen rooms and the fun center;
• The Bluff Erosion project was moving forward again; April 30 deadline will be missed
but not delayed by much.
11. ADDITIONAL PUBLIC COMMENT
Jim Glendening pointed out that when there were issues with gravel pits, he brought forth an
ordinance to change the code and suggested the same in the case of marijuana; also suggested
an at ease to deliberate or postponement if more information was needed.
Phil Daniel asked about mailed notices; it was clarified that one was mailed to him but his address
had not been updated with the Borough. He urged the Commission to consider looking at
residential zoned areas and only permitting the smaller, limited cultivation.
12. INFORMATIONAL ITEMS – None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: March 28, 2018
14. COMMISSION COMMENTS & QUESTIONS
Commissioner Askin suggested scheduling a work session to discuss code amendments relevant
to marijuana establishments.
Commissioners Halstead and Greenberg echoed Commissioner Askin’s concerns.
Commissioner Springer thanked the Commission for listening to his opposition. Suggested
revisiting the code; a lot of commercial vacancies that could easily house the facilities rather than
their being in residential neighborhoods where he believed it would affect real estate values.
Commissioner Fikes clarified she felt the establishment would negatively impact property values
with the size being impactful.
Commissioner Twait asked Administration to have a work session to discuss marijuana
establishments at 6pm on March 28th.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:15 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
City Clerk
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STAFF REPORT
To: Planning & Zoning Commission
Date: March 28, 2018 Res: PZ2018-06
GENERAL INFORMATION
Applicant: Stephen M. and Roberta J. England
140 Bidarka St., Unit 1466
Kenai, AK 99611
Requested Action: Conditional Use Permit – Overflow Parking Lot
Legal Description: Lot 4A, Aleyeska Subdivision Merit Addn.
Street Address: 260 S. Willow St.
KPB Parcel No.: 043-200-21
Existing Zoning: Central Mixed Use
Current Land Use: Commercial – Catering Business
Land Use Plan: Central Commercial
ANALYSIS
General Information:
The applicant currently operates three businesses from the parcel located at 260
S. Willow Street; namely: Kenai Catering; Gotta Have Desserts; and the Iditarod
Café. A paved parking lot provides parking for patrons of these businesses.
The John C. Schweiger Loving Trust, hereinafter referred to as “Trust”, applied
for a building permit to add an addition to the Kenai Cinemas building (Kambe)
located as 215. S Willow Street and remodel the building located at 255 S.
Willow Street. During the review of the site plan submitted to the City of Kenai, it
was determined that the owner could not meet the parking requirements as set
forth in Kenai Municipal Code 14.20.250 on the Trust property The parking
requirements are as follows:
Theatre: Assembly with fixed seats: Auditoriums, churches, funeral
chapels, sports arena and theaters
One (1) per four (4) seats in the principal assembly area. The width of a
seat of a seat or a bench or pew shall be considered twenty-two inches
(22”)
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Fun Center: Assembly without fixed seats: Churches, civic clubs,
convention centers, dance halls, exhibition halls, skating rinks and similar
uses
One (1) per two hundred (200) square feet of gross floor area.
Additionally, Kenai Municipal Code 14.20.250(b)(2) provides that where there is
more than one (1) use in a single structure or on a site (e.g., doctor, attorney,
and retail grocery) or two (2) or more separate instances of the same use, off-
street parking requirements shall be the sum of the requirements for the various
uses; provided however, that where two (2) or more uses provide a single joint
parking area, and their total required spaces totals twenty (20) or more, the
minimum requirement will be seventy-five percent (75%) of the sum of the
requirements for the various computed separately.
Based on these requirements, Administration determined that 193 parking space
would be required to meet the parking requirements. The site plan submitted by
the owner of the properties indicates that there will be 143 on-site parking
spaces; therefore, it is necessary for the owner to arrange for off-site parking,
pursuant to KMC 14.20.250(b)(3).
The Trust, owns the properties located at 215 S. Willow Street, 255 S. Willow
Street, and 220 Caviar Street; and Stephen M. and Roberta J. England, own the
property located at 260 S. Willow St. The parties have entered into a Letter of
Agreement allowing the patrons of the theatre and fun center to use 50 parking
spaces in the existing parking lot located at 260 S. Willow Street.
Accordingly, the applicant has submitted an application for a Conditional Use
Permit, pursuant to Kenai Municipal Code 14.20.250(b)(3) as follows:
Location of Parking. Any parking space provided pursuant to this section
shall be on the same lot with the main use it serves or on an adjoining lot
except that the Commission, by a conditional use permit as specified in
this chapter, may allow parking spaces on any lot if it is determined that it
is impractical to provide parking on the same or adjoining lot.
KMC 14.20.150(d) details the intent and application process for conditional uses.
The code also specifies the review criteria that must be satisfied prior to
issuance of the permit. The criteria are:
(1) The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
The subject parcel is located within the Central Mixed Use Zone. The businesses
currently located on the parcel are classified as restaurants and/or retail
businesses which are a permitted use in the Central Mixed Use Zone. These
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businesses will continue to operate as they have always operated. An existing
paved parking lot provides on-site parking for the patrons of these businesses.
(2) The value of the adjoining property and neighborhood will not be significantly
impaired.
The existing parking lot is currently being used for parking for patrons of three (3)
businesses and that will not change. The businesses located on the property will
continue to operate as they have been operating in the past; therefore, the value
of the adjoining property and neighborhood will not be significantly impaired.
(3) The proposed use is in harmony with the Comprehensive Plan.
The Land Use designation for the parcel is Central Commercial which is intended
for retail, service, and office businesses at a more compact and denser scale
which are accessible and convenient to both motorists and pedestrians. The
businesses located on the parcel are compatible with that designation; therefore,
the proposed use is in harmony with the Comprehensive Plan.
(4) Public services and facilities are adequate to serve the proposed use.
The businesses that are currently served by public services and facilities will not
change; therefore, public services and facilities are adequate to serve the
proposed use.
(5) The proposed use will not be harmful to the public safety, health or welfare.
The parking lot has existed for a number of years. The public safety, health and
welfare will not be impacted by allowing the patrons of the theatre and fun center
to park in the existing parking lot.
(6) Any and all specific conditions deemed necessary by the commission to fulfill
the above-mentioned conditions should be met by the applicant. These may
include, but are not limited to measures relative to access, screening, site
development, building design, operation of the use and other similar aspects
related to the proposed use.
1. Further development of the property shall conform to all State and local
regulations.
2. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall
submit an Annual Report to the City of Kenai.
RECOMMENDATIONS
Based on the application and a review of the criteria required to approve the
permit, it is the recommendation of staff that the proposed Conditional Use
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Permit for an overflow parking for the benefit of properties located at 215 S.
Willow Street; 255 S. Willow Street; and 220 Caviar Street, lot be approved,
subject to the following conditions:
1. Further development of the property shall conform to all State and local
regulations.
2. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall
submit an Annual Report to the City of Kenai.
Attachments:
1. Application
2. Site Plan
3. Map
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2018-06
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 AN OVERFLOW
PARKING LOT FOR THE BENEFIT OF PROPERTIES LOCATED AT 215 S. WILLOW
STREET; 255 S. WILLOW STREET; AND 220 CAVIAR STREET
APPLICANT: STEPHEN M. ENGLAND and ROBERTA J. ENGLAND
PROPERTY ADDRESS: 260 S. WILLOW STREET
LEGAL DESCRIPTION: LOT 4A, ALEYESKA SUBDIVISION MERIT ADDN.
KENAI PENINSULA BOROUGH PARCEL NO: 043-200-21
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on March 21, 2018; and,
WHEREAS, the application affects land which is zoned as Central Mixed Use; and,
WHEREAS, a duly advertised public hearing as required by Kenai Municipal Code 14.20.153
was conducted by the Planning and Zoning Commission on March 28, 2018; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met; and,
WHEREAS, Kenai Municipal Code 14.20.150 details the intent and application process for
conditional uses and specifies the review criteria that must be satisfied prior to issuing the
permit, which are the following:
(1) The use is consistent with the purpose of this chapter and the purposes and intent of
the zoning district.
The subject parcel is located within the Central Mixed Use Zone. The businesses currently
located on the parcel are classified as restaurants and/or retail businesses which are a
permitted use in the Central Mixed Use Zone. These businesses will continue to operate as
they have always operated. An existing paved parking lot provides on-site parking for the
patrons of these businesses.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
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(2) The value of the adjoining property and neighborhood will not be significantly impaired.
The existing parking lot is currently being used for parking for patrons of three (3)
businesses and that will not change. The businesses located on the property will continue
to operate as they have been operating in the past; therefore, the value of the adjoining
property and neighborhood will not be significantly impaired.
(3) The proposed use is in harmony with the Comprehensive Plan.
The Land Use designation for the parcel is Central Commercial which is intended for retail,
service, and office businesses at a more compact and denser scale which are accessible
and convenient to both motorists and pedestrians. The businesses located on the parcel
are compatible with that designation; therefore, the proposed use is in harmony with the
Comprehensive Plan.
(4) Public services and facilities are adequate to serve the proposed use.
The businesses that are currently served by public services and facilities will not change;
therefore, public services and facilities are adequate to serve the proposed use.
(5) The proposed use will not be harmful to the public safety, health or welfare.
The parking lot has existed for a number of years. The public safety, health and welfare will
not be impacted by allowing the patrons of the theatre and fun center to park in the existing
parking lot.
WHEREAS, any and all specific conditions deemed necessary by the Planning and Zoning
Commission to fulfill the conditions as set forth below shall be met by the applicant. These
may include, but are not limited to measures relative to access, screening, site
development, building design, operation of the use and other similar aspects related to the
proposed use, as follows:
1. Further development of the property shall conform to all State and local regulations.
2. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit an
Annual Report to the City of Kenai.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS DEMONSTRATED THAT AN
OVERFLOW PARKING LOT FOR THE BENEFIT OF PROPERTIES LOCATED AT 215 S.
WILLOW STREET; 255 S. WILLOW STREET; AND 220 CAVIAR STREET MEETS THE
CONDITIONS REQUIRED AND; THEREFORE, THE COMMISSION DOES AUTHORIZE THE
ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT.
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PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 28th day of March, 2018.
___________________________
ATTEST: Jeff Twait, Chairperson
_______________________________________
Jamie Heinz, City Clerk
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ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
MARCH 21, 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)
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. 3010-2018 - Accepting and
Appropriating a Scholarship from the Alaska Association of Municipal Clerks for
Employee Travel and Training. (City Clerk)
2. POSTPONED TO APRIL 4. Ordinance No. 3011-2018 – Amending Kenai Municipal
Code Section 14.20.290 – Appeals – Board of Adjustment, to Amend Standing
Requirements for Filing an Appeal, Filing Fee Waivers, Who Makes Initial
Determinations on Standing, and Making Other Housekeeping Changes. (Council
Members Pettey and Knackstedt)
3. ENACTED UNANIMOUSLY. Ordinance No. 3012-2018 – Authorizing a Budget
Transfer in the Municipal Roadway Improvements Capital Project Fund and
Appropriating Funds Transferred from the Municipal Roadway Improvements Capital
Project Fund in the Personal Use Fishery Capital Project Fund for Projects Identified
in the City’s 2017 Personal Use Fishery Report. (Administration)
4. ADOPTED UNANIMOUSLY. Resolution No. 2018-15 – Consenting to Vacation of
Certain Utility Easements within the Proposed Radar Subdivision 2017 Replat.
(Administration)
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5. ADOPTED UNANIMOUSLY. Resolution No. 2018-16 – Authorizing the Purchase of
Real Property Described as a Portion of Government Lot 7, Section Five (5), Township
5 North, Range 11 West, and Designated as Kenai Peninsula Borough Parcel Number
047-119-01, from Lancet Ann Boyer Trust and James E. Johnson Revocable Trust,
for the Public Purpose of Including the Property in the Bluff Erosion Restoration Project
and Determining that Public Interest will Not be Served by an Appraisal.
(Administration)
6. ADOPTED UNANIMOUSLY. Resolution No. 2018-17 – Approving an Award of a
Professional Services Contract for Engineering the Peninsula Avenue Bluff Erosion
Design 2018. (Administration)
E. MINUTES
1.*Regular Meeting of March 7, 2018
F. UNFINISHED BUSINESS – None.
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. NO ACTION TAKEN; WILL BE ON APRIL 4 AGENDA. Action/Approval – Schedule
a Special Meeting to Conduct Annual Performance Evaluations for the City Attorney,
City Clerk, and City Manager.
4. APPROVED UNANIMOUSLY. Action/Approval – Non-Objection to Liquor License
Transfer for MITAK, LLC, DBA Main Street Tap & Grill.
5. APPROVED UNANIMOUSLY. Action/Approval – Non-Objection to Issuance of New
Liquor License to BPO Elks Lodge #2425.
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
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2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION – None.
M. PENDING ITEMS – None.
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review
2. Kenai Watershed Forum Sponsorship Request.
The agenda and supporting documents are posted on the City’s website at www.kenai.city.
Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council
Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at
907-283-8231.
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March 26, 2018
7:30 p.m.
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
a. Canyon Trails Amended ................................................................................. 4
KPB File 2006-332A1
[Seabright/Crawford, Forquer, Williams, Thomas]
Recording HM 2012-13
Location: Off Birch Lane, City of Homer
b. Sunland Southview Amended 2 ................................................................11
KPB File 2006-097A2
[Seabright/Peterson, Abel, Ellison, Van Aman, Katherine L
Schneider Trust, Sheldon]
Recording No. HM 2006-69
Location: Off Bonnie Avenue and Walters Street, Fritz Creek area
c. Virginia Lynn No 6 Amended .....................................................................18
KPB File 2005-126A1
[Seabright/Bowersox, Robl]
Recording No. HM 2005-77
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
27
Location: Off Mattox Road and Aurora Court, City of Homer
*6. Utility Easement Vacation
a. Vacate the 10’ wide utility easement adjacent to those ..................24
portions of the south lot lines of Lots 4 and 5 Ross’
Retreat Three fronting the Mark Ross Court right-of-way
and the 10’ wide utility easements on both sides of the
shared lot line between Lots 4 and 5, for a total width of
20’, granted by Ross’ Retreat Three (Plat SL 92-7); within
S15, T8S, R14W, SM, AK, within the KPB. File 2017-172V2.
Petitioners: Amelia R. and Christopher J. Pollack of
Seldovia, AK.
b. Vacate that 6 foot by 6 foot portion of the ten foot.........................40
wide utility easement adjacent to Covenants Circle
encompassing a well on Lot 3 Tote Estates Subdivision,
Plat KN 2005-9, granted by Tote Estates Subdivision, Plat
KN 2005-9; within S27, T4N, R11W, SM, AK, within the
KPB. File 2017-162V. Petitioners: Daniel A. and Monica
Brown of Soldotna, AK.
*7. Commissioner Excused Absences
a. Cindy Ecklund, City of Seward
b. Harry Lockwood, Ridgeway
*8. Minutes
a. March 12, 2018 Plat Committee Minutes
b. March 12, 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. - Vacation of the east to west 20' wide alleyway right-of-way ................54
adjacent to the west 100’ of the north boundary of Lot 1A Block
5 Cliff Addition to Seward Townsite Faust Replat as dedicated on
Cliff Addition to Seward Townsite Faust Replat (Plat SW 2017-8).
- Vacation of the 20’ wide public access easement adjacent to
Franco Venuti
PC Member
City of Homer
Term Expires 2019
Paul Whitney
PC Member
City of Soldotna
Term Expires 2020
Max J. Best
Planning Director
Charlie Pierce
Borough Mayor
28
the west 100’ of the north boundary of Lot 1A Block 5 Cliff
Addition to Seward Townsite Faust Replat, Plat SW 2017-8, as
recorded on October 10, 1996 in Book 83, Page 405 Seward
Recording District.
- Vacation of the remaining portion of the connecting north to
south 20’ wide alleyway right-of-way originally dedicated on Cliff
Addition to Seward Townsite (Plat SW 3). Said north to south
alleyway is bounded on the west by Tracts 1 and 2, on the east
by Tract 3, and on the north by Tract 4 of Dairy Hill Tracts 1-5
(Plat SW 2000-21) and also bounded on the east by Lots 3, 4, 5,
and 6 Block 5 Cliff Addition to Seward Townsite (Plat SW 3).
- Vacation of the associated utility easements as dedicated on
Cliff Addition to Seward Townsite Faust Replat (Plat SW 2017-8),
Dairy Hill Subdivision Tracts 1-5 (Plat SW 2000-21), and Cliff
Addition to Seward Townsite (Plat SW 3).
The right-of-ways being vacated are unconstructed and located
within the W1/2 of S3 and E1/2 of S4, T1S, R1W, SM, AK, within
the KPB. File 2017-180V. Petitioners: Leirer Enterprises LLC, Linda
B. Murray-Leirer, Steven C. Leirer, Susan M. Faust, Harold E. Faust
of Seward, AK.
2. Pursuant to Kenai Peninsula Borough (KPB) Code of Ordinances, ..............92
Chapter 17.10.080, the KPB proposes to classify certain parcels of
borough owned land.
3. Ordinance 2018-13; An ordinance authorizing the sale of .......................... 136
certain parcels of Borough Land by Sealed Bid followed by an
over-the-counter sale.
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18)
1. Resolution 2018-11; A Conditional Use Permit (CUP) .................................... 158
to extend the Elevated Light Penetrating Walkway at Swiftwater
Park. This project is located on the right bank of the Kenai River
at river mile 23, T5N, R10W, S33, SM, AK. Parcel 060-330-14.
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS - None
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee reviewed and conditionally approved 6 preliminary
plats.
29
K. OTHER/NEW BUSINESS
1. Plat Committee (April, May June 2018)
- 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 Minutes ............................................................... 180
- February 14, 2018; February 28, 2018
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, April 9,
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
ADVISORY
COMMISSION
MEETING
LOCATION DATE TIME
Anchor Point Anchor Point Chamber of
Commerce TBD 7:00 p.m.
Cooper Landing Cooper Landing
Community Hall April 4, 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.
CONTACT INFORMATION
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.
30
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2215
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
31
THIS PAGE INTENTIONALLY LEFT BLANK
32
March 26, 2018
6:30 p.m.
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
a. Cindy Ecklund, City of Seward
3. Minutes
a. March 12, 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. Crossman Ridge Subdivision Tract 3 2018 Replat ................................................ 2
KPB File 2017-174 [Seabright / Alward]
Location: Crossman Ridge Rd
Kachemak Bay APC
2. Voznesenka Rainwater Addition ................................................................................21
KPB File 2018-021 [Ability / Rainwater]
Location: Off East End Road
Fox River area
3. Griner Subdivision Overson Replat ...........................................................................42
KPB File 2018-024 [Peninsula Surveying / Overson]
Location: Griner Ave & Sterling Highway
Anchor Point APC
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
33
4. Clan Maxwell Estates Avalon Heights Addition No 4 ........................................55
KPB File 2018-020 [Lang & Assoc. / Avalon Heights Land Trust, Cutler]
Location: Big Bear Street
Seward area
5. McBride Subdivision 2018 Replat ..............................................................................73
KPB File 2018-019 [Johnson / Carl, Kenai Peninsula Borough]
Location: Bear Creek area
6. Mattison Subdivision ......................................................................................................86 KPB File 2018-022 [Segesser / Mattison] Location: West of Mackey Lake Rd
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, April 9,
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
34