HomeMy WebLinkAbout2018-04-11 Planning & Zoning PacketAGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
APRIL 11, 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: March 28, 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. Recommending approval of Lease Amendment extending the timeframe for Legacy
Electric LLC, Lessee, to complete improvements as set forth in the Original Lease of
Airport Reserve Lands for property located at 115 FBO Road, Kenai, Alaska, 99611;
further described as Lot 2, Block 1, General Aviation Apron ....................................... 5
b. Resolution PZ2018-09 - Application for Transfer of Conditional Use Permit PZ03-32
(amended by PZ05-35 and PZ16-39) from Mary J. Doyle, Transferor, to Beaver Loop
Sand & Gravel LLC, Transferee, located at 2369 Beaver Loop Road, Kenai, Alaska,
99611; further described as Tract A1, Beaver Loop Acres Addition No. 1 ................ 13
9. PENDING ITEMS: None
10. REPORTS:
a. City Council …………………………………………………………………………………..21
b. Borough Planning ………………………………………………………………………….. 25
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: April 25, 2018
14. COMMISSION COMMENTS & QUESTIONS
15. ADJOURNMENT
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
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 Attorney S. Bloom, 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 Halstead
SECONDED the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Askin 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.
Page 3 of 32
2. *APPROVAL OF MINUTES: March 14, 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 PZ2018-06 - 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.
City Manager Ostrander reviewed the staff report, which was provided in the packet, noting that
during the review of the site plan submitted to the City of Kenai, it was determined that the parking
requirements as set forth in Kenai Municipal Code could not be met. He further noted that, 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 Permit for an overflow parking lot be
approved, subject to the following conditions:
• Further development of the property shall conform to all State and local regulations.
• Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit an
Annual Report to the City of Kenai.
MOTION:
Commissioner Halstead MOVED to approve Resolution No. PZ2018-06 with staff
recommendations and Commissioner Askin SECONDED the motion.
Chairman Twait opened the floor for public testimony.
Marty Mativa, with Coming Attraction Kenai Theater and the Extreme Fun Center of Wasilla,
spoke in support and expressed enthusiasm about the expansion of the theater and development
of the Fun Center in Kenai.
There being no one else wishing to be heard, public comment was closed.
Commission members expressed concern about the increased amount of public crossing Willow
Street after a movie. Mr. Mativa clarified theater operations to prevent the parking lot from
becoming full. He added that the lot between the movie theater and Fun Center would be leveled,
repaved and fully striped for better use of parking space than the current lot.
Mr. Mativa clarified the timeframe in completing the expansion of the movie theater and opening
Page 4 of 32
the Fun Center was Fall 2018.
City Manager Ostrander clarified that traffic control options could be a condition added to the
conditions required; however, in looking at other similar areas and talking to the owner of the
Theater and Fun Center about operations, they were hopeful those additional parking spots would
not be needed. It was noted the re-paving and striping of the current lot should alleviate that
concern and he recommended holding off.
City Manager Ostrander also clarified the current utilization of the Kenai Catering parking lot was
minimal and added that the agreement would be between Bobbi England and the Coming
Attractions Theater. Further noting, if the England’s need for parking space grew, the owner of
the theater would be required to re-address in how to meet the requirements for the Conditional
Use Permit.
VOTE:
YEA: Twait, Springer, Halstead, Peterson, Askin, Fikes, Greenberg
NAY:
MOTION PASSED.
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
21 City Council meeting.
b. Borough Planning – Commissioner Fikes noted that on March 26 the Commission met
and approved 6 Plats while the Ordinance regarding a Borough land sale of 11 parcels
failed on the basis of the lack of information in the packet to make a solid decision on what
the classification may be.
c. Administration – City Manager Ostrander reported on the following:
• Met with Alaska Department of Transportation (DOT) and learned that DOT likely had
federal funding that could be directed to the City of Kenai for improvement of the
roads, will continue to follow this;
• The Harbor Commission requested No Wake signs be posted at the mouth of the
Kenai River; the item is on the next City Council meeting agenda for discussion;
• Introduced Elizabeth Appleby as the new City Planner, to start on April 9;
• Interviews were held last week for a Public Works Director; hoping to make hiring
decision soon; and
• The Department of Corrections was continuing to revise their work release program
Page 5 of 32
for inmates but was not prepared to move forward just yet.
11. ADDITIONAL PUBLIC COMMENT – None.
12. INFORMATIONAL ITEMS – None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: April 11, 2018
14. COMMISSION COMMENTS & QUESTIONS
Commissioner Halstead expressed thanks for the discussion in the work session.
Commissioners welcomed the new planner and looked forward to working with her and thanked
Council and Administration for their input in the work session and participation in how to move
forward.
Commissioner Twait noted that the Home Show would be next weekend, April 7-8.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:39 p.m.
Minutes prepared and submitted by:
_____________________________
Jacquelyn Kennedy
Deputy City Clerk
Page 6 of 32
1'0ff~ «J/th Q PaJ'~ e~ «Jt'th Q Fat~ II
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
Planning & Zoning Commission
Paul Ostrander, City Manager ? c.::>.
Willie Anderson, Planning Assistant ~
April 2, 2018
SUBJECT: First Amendment to Lease of Airport Reserve Lands -Lot 2, Block 1, General
Aviation Apron -Legacy Electric LLC
The City of Kenai, Lessor, and Legacy Electric LLC, Lessee entered into a Lease of Airport
Reserve Lands on January 12, 2015, which included the follow ing provision:
1. REQUIRED IMPROVEMENTS : At no cost to the City, Lessee agrees to complete land
development and construction of Permanent Improvements including removal of waste
material previously buried on the site and construct two (2) 6-plex unit t-hanger heated
complex, by no later than September 1, 2016, with an appraised value of at least
$500,000.00. In addition to the as-built drawings required by this lease , the Lessee must
submit to the City written evidence that the Lessee has completed the land development and
constructed improvements on the Premises with an aggregate cost or investment of not less
than $500,000.00.
The evidence must be submitted to the City within sixty (60) days of the completion of the
development and improvements, but by no later tha n September 1, 2016.
The Lessee completed construction on the first t-hanger; however, construction has not begun
on the second t-hanger. Th e time period for him to complete constructio n on both t-hangers
ended on September 1, 2016. Lessee states that the materials necessary for construction of the
second t-hanger are on site.
On March 26, 2018, Legacy Electric LLC submitted an application requesting the City of Kenai
grant an extension for construction of the second hanger until December 1, 2018.
Page 7 of 32
Page 2 of 2
First Amendment to Lease -Legacy Electric LLC
Accordingly, the City Attorney has prepared A First Amendment to Lease of A irport Reserve
Lands to be executed by the City of Kenai and Legacy Electric LLC. Article XIV Section (B),
Subsection ( 1 ), is hereby amended as follows:
1. REQUIRED IMPROVEMENTS: At no cost to the City, Lessee agrees to complete land
development and construction of Permanent Improvements including removal of waste
material previously buried on the site and construct two (2) 6-plex unit t-hanger heated
complex, by no later than December 1, 2018, with an appraised value of at least
$500,000.00. In addition to the as-built drawings required by this lease, the Lessee must
submit to the City written evidence that the Lessee has completed the land development and
constructed improvements on the Premises with an aggregate cost or investment of not less
than $500,000.00.
The evidence must be submitted to the City within sixty (60) days of the comp letion of the
development and improvements.
Except as expressly modified or stated herein, all other terms and conditions of the Lease
remain in full force and effect.
Thank you for your consideration .
Page 8 of 32
City of Kenai
Kenai Munic ipal Airport
Land Lease Application
Name of Applicant: Derek Leichliter
Mailing Address : 46113 Sather Court City: Soldotna
Application for :
0New Lease
0Amendment
D Extension/Renewal
State: AK Zip Code : 99669
Phone Number(s): Home Phone : ( 907) 252-4391 Work/ Message Phone : ( 907) 262-4391
E-mail: (Optional) legacyelectricak@gmail.com
Name to Appear on Lease : Legacy Electric, LLC
Mailing Address: 46113 Sather Court City: Soldotna State: AK Zip Code : 99669
Phone Number(s): Home Phone : ( 907) 252-4391 Work/ Message Phone: (907) 262-4391
E-mail : (Optional) legacyelectricak@gmail.com
Type of Applicant: 01ndividual (at least 18 years of age) D Partnership
[{]Limited Liability Company (LLC) D Government
D Corporation
D Other ______ _
. . . ..
: . Description of Property and Term Requested
. .
Legal Description of Property : 115 FBO Road, Kenai, AK
Does the Property Require Subdivision? (if Yes, answer next two questions)
Are you prepared to be responsible for all costs associated with subdivision?
Do you believe the proposed subdivision would serve othe r Airport purposes?
Do you have or have you ever had a Lease with the City of Kenai?
If Yes, please provide description of property leased (e.g. lega l or physical description):
115 FBO Road , Kenai, AK
Is this application for renewal or term extension of an existing lease?
If Yes, please provide a description of the property leased:
115 FBO Road, Kenai , AK
Proposed Use (check one): l./I Aeronautical 0Non-Aeronautical
Do you plan to construct new or additional improvements?
DYES [Z]No
DYES ONo
DYES ONo
[Z]YES ONO
[ZJYES DNo
[{]YES 0No
Page 9 of 32
If yes, will the improvement change or alte r the use under an existing lease? DYES [{]No
If yes , what is the new proposed use?
If yes, what is the type of improvem ent? {e .g . building improvement, land improvement)
If yes , what is the nature of the improvements? (e.g . maintenance, landscaping , new construction)
List of proposed use and business activities:
Airplane Hangar . . ) to request an extension for construction of the second hanger until December l , 2018. Article XIV(B)(l
provided that construction would be completed no later than September l , 2016.
I -· -·
: Lease Extension or Renewal
I
Method to determine value of improvements/term for a lease renewal or expiring lease:
0 Professional estimate of the remaining useful life of the principle improvement on the property
0Market value appraisal of the principle improvement on the property
D Purchase price of improvements
Submitting an application for a lease does not give the applicant a right to lease or use the land requested in the application , T he app licati on
shall expire twe lve (12) months afte r the date the appl ication has been made if the City and t he app licant have not, by that ti me, entered into a
lease, unless the C ity Council for good cause grants an extension for a period not to exceed six (6) months. The City has no obligatio n to
amend, renew or extend a lease and m ~line to do so upon making specific findings as to w hy a lease renewa l, extension, or amendme nt
is n ot in t he best interest of th 1 City / !,
Signature: ........... 1// Date: 'l3 ~ {,~
~
Print Name: Derek Leichliter Title:
Page 10 of 32
FIRST AMENDMENT TO LEASE OF AIRPORT RESERVE LANDS
THIS Amendment to Lease is made as of the _____ day of ___________, 2018, by
and between the CITY OF KENAI (City), a municipal corporation whose address is 210
Fidalgo Avenue, Kenai, Alaska 99611, and Legacy Electric, LLC. whose address is 46113
Sather Court, Soldotna, AK 99669.
WITNESSETH
WHEREAS, on January 12, 2015, the City entered into a lease with Legacy Electric,
LLC. for City-owned lands identified as Lot 2, Block 1, General Aviation Apron, which
lease was recorded at 2015-002299-0, on March 25, 2015, in the Kenai Recording District,
Third Judicial District, State of Alaska; and,
WHEREAS, the City and Legacy Electric, LLC., for mutual consideration, mutually
agree to amend the lease described herein to extend the timeframe for Legacy Electric, LLC.,
to complete improvements as provided below.
NOW THEREFORE, the City and Legacy Electric, LLC. agree as follows:
1. Article XIV Section (B) Subsection (1) is hereby amended as follows:
REQUIRED IMPROVEMENTS: At no cost to the City, Lessee agrees to complete
land development and construction of Permanent Improvements including removal
of waste material previously buried on the site and construct two (2) 6-plex unit
t-hanger heated complex, by no later than December 1, 2018, with an appraised
value of at least $500,000.00. In addition to the as-built drawings required by this
lease, the Lessee must submit to the City written evidence that the Lessee has
completed the land development and constructed improvements on the Premises with
an aggregate cost or investment of not less than $500,000.00.
The evidence must be submitted to the City within sixty (60) days of the completion
of the development and improvements.
2. Except as expressly modified or stated herein, all other terms and conditions of the
Lease remain in full force and effect.
Page 11 of 32
CITY OF KENAI
By: _________________________
Paul Ostrander
Its: City Manager
Legacy Electric, LLC.
By: __________________________
Name: ________________________
Its: ___________________________
Approved as to form:
_______________________
Scott Bloom
City Attorney
State of Alaska )
) ss
Third Judicial District )
The foregoing instrument was acknowledged before me this ____ day of ________, 2018,
by Paul Ostrander, City Manager for the City of Kenai.
___________________________
Notary Public of Alaska
My Commission Expires: _______
Page 12 of 32
State of Alaska )
) ss
Third Judicial District )
The foregoing instrument was acknowledged before me this ____ day of ________, 2018,
by _________________________(Name), _________________________(Title) for
Legacy Electric, LLC.
____________________________
Notary Public of Alaska
My Commission Expires: _______
RETURN TO:
CITY OF KENAI
210 Fidalgo Avenue
Kenai, AK 99611-7794
Page 13 of 32
Lot 2, Block 1
GAA SUBD.
NO. 1
_ tlraif)ftf, _
KENAI~
~
N W+E
s
100 '
1 inch equals 104 feet
The information depicted here
on is for graphic representation
only of the best available sources.
The City of Kena i assu mes no
re sponsib ility for errors on thi s
map.
Date: 3/30/2018
Page 14 of 32
STAFF REPORT
To: Planning & Zoning Commission
Date: April 11, 2018 Res: PZ2018-09
GENERAL INFORMATION
Transferor: Mary J. Doyle
2243 Beaver Loop Road
Kenai, AK 99611
Transferee: Beaver Loop Sand & Gravel LLC
P.O. Box 1290
Kenai, AK 99611
Requested Action: Transfer of Conditional Use Permit from Mary J. Doyle,
Transferor, to Beaver Loop Sand & Gravel LLC
Legal Description: Tract A1, Beaver Loop Acres Addition No. 1
Street Address: 2369 Beaver Loop Road
KPB Parcel No: 04912051
Existing Zoning: Rural Residential
Current Land Use: Mixed Use
ANALYSIS
In 1976, the original Conditional Use Permit (CUP) was issued to River Bend Sand and
Gravel. Then in 1985, the Conditional Use Permit was transferred to Mr. and Ms. Doyle
after they purchased the subject parcel and gravel pit. There have been three
amendments to the Conditional Use Permit; namely: PZ03-32, PZ05-35, and PZ16-39.
This gravel pit has been operated by the Doyle family since 1985 and will continue to be
a family run business. The gravel pit has been purchased by Beaver Loop Sand &
Gravel, LLC; the managing members of said Limited Liability Corporation are family
members.
On March 19, 2018, an Application for Transfer of Conditional Use Permit was
submitted by Transferee, Beaver Loop Sand & Gravel LLC, 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.
Page 15 of 32
• 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.
David Yragui, Managing Member, of Beaver Loop Sand & Gravel LLC, Transferee, has
indicated that he agrees to operate under the terms and conditions of the original
Conditional Use Permit PZ03-32 and the amendments thereto.
Mary J. Doyle filed an annual report for 2017, pursuant to Kenai Municipal Code
14.20.150(f). Further, Mary J. Doyle 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 PZ03-32,
as amended by PZ05-35 and PZ16-39, subject to the existing conditions:
1. Prior to commencement of extraction of Natural Resources or any reclamation
activities, the Applicant shall obtain all necessary State and Federal Permits.
2. Prior to commencement of any extraction of Natural Resources or any
reclamation activities, the Applicant shall repair or replace any damaged fencing
located on the rear of the site.
3. Prior to commencement of any extraction of Natural Resources or any
reclamation activities, the Applicant shall submit a revised site plan which labels
the area behind Area 2 as Area 2A and ensures that the further subsurface
extraction is limited to within 10 feet of the rear property line.
4. Excavation below the water table shall only be allowed in those locations marked
Area 1, Area 2, Area 2A and Area 3.
5. There shall be no further excavation below the water table in the Area located up
to 10 feet from the rear property line behind Area 2. The final working face shall
be back sloped to minimum angle of 2:1.
6. The excavation may not penetrate the subsurface clay/silt layer located
approximately 30 feet below the original ground surface.
7. If fill material is placed in the pits, it must be fill material originally from this
approximately 52.5-acre site and it must not contain any “hazardous
substances,” or “industrial waste,” “mining waste,” “solid waste,” or “other waste”
as defined in Alaska State Statues.
Page 16 of 32
8. Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code 14.20.155.
9. Applicant shall employ the use of dust control measures to ensure the material
site and the driveway fronting onto Beaver Loop Road remain dust free. Dust
control shall include the daily use of a water truck and placement of Calcium
Chloride on the driveway. A water truck shall also be used to control dust from
the working face of the Gravel Pit; and,
10. 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 PZ2018-09
Application for Transfer of Conditional Use Permit
Map of Subject Property
Page 17 of 32
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2018-09
TRANSFER OF CONDITIONAL USE PERMIT PZ03-32
(AMENDED BY PZ05-35 AND PZ2018-39)
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: BEAVER LOOP SAND & GRAVEL LLC
USE: EXTRACTION OF NATURAL RESOURCES
LOCATED: Tract A1, BEAVER LOOP ACRES ADDITION NO. 1
KENAI PENINSULA BOROUGH PARCEL NO: 04912051
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 March 29, 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:
1. Prior to commencement of extraction of Natural Resources or any reclamation
activities, the Applicant shall obtain all necessary State and Federal Permits.
2. Prior to commencement of any extraction of Natural Resources or any
reclamation activities, the Applicant shall repair or replace any damaged fencing
located on the rear of the site.
3. Prior to commencement of any extraction of Natural Resources or any
reclamation activities, the Applicant shall submit a revised site plan which labels
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
Page 18 of 32
the area behind Area 2 as Area 2A and ensures that the further subsurface
extraction is limited to within 10 feet of the rear property line.
4. Excavation below the water table shall only be allowed in those locations marked
Area 1, Area 2, Area 2A and Area 3.
5. There shall be no further excavation below the water table in the Area located up
to 10 feet from the rear property line behind Area 2. The final working face shall
be back sloped to minimum angle of 2:1.
6. The excavation may not penetrate the subsurface clay/silt layer located
approximately 30 feet below the original ground surface.
7. If fill material is placed in the pits, it must be fill material originally from this
approximately 52.5-acre site and it must not contain any “hazardous
substances,” or “industrial waste,” “mining waste,” “solid waste,” or “other waste”
as defined in Alaska State Statues.
8. Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code 14.20.155.
9. Applicant shall employ the use of dust control measures to ensure the material
site and the driveway fronting onto Beaver Loop Road remain dust free. Dust
control shall include the daily use of a water truck and placement of Calcium
Chloride on the driveway. A water truck shall also be used to control dust from
the working face of the Gravel Pit; and,
10. 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).
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT
FOR MARY J. DOYLE EXTRACTION OF NATURAL RESOURCES BE
TRANSFERRED TO BEAVER LOOP SAND & GRAVEL LLC.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 11th day of APRILS, 2018.
CHAIRPERSON: ATTEST: _______________________
Jeff Twait, Chairperson Jamie Heinz, City Clerk
Page 19 of 32
RECEIVED
CITY OF Kf t\JAI
MAR 2 9 ZU:8 APPLICATION FOR TRANSFER OF CONDITIONAL USE PERM!
KMC 14.20 .150(i)(5) & 14 .20 .158
PLANNING DERA kTMENT
Email : ~c:s
PROPERTY INFORMATION FOR EXISTING CONDITIONAL USE PERMIT
Pro ert Tax ID#: O
Current CUP Resolution #:
Site Street Address:
PROPERTY INFORMATION FOR PROPOSED CONDITIONAL USE PERMIT -IF DIFFERENT
Pro ert Tax ID#:
Site Street Address:
CERTIFICATION OF TRANSFEREE: I hereby certify that I am the property owner
(transferee), or have been authorized to act on behalf of the property owner1, and
hereby apply for a transfer of Conditional Use Permit PZ 03-32. . I agree to operate
under the terms and conditions of the original Conditional Use Permit and application.
I understand site visits ma be re uired to rocess this a Ii · for ur ose of
confirmin com liance with conditional use ermit condi: ns. )
bate: 3 -z g-Z.v 1 8 I Transferee Signature:~
ACKNOWLEGEMENT OF TRANSFEROR: I hereby acknowledge that
i)~()1!Jtt/ •/IY?-riui · (name of Transferee) has applied for a transfer of Conditional
Use Permft PZ D3=3 2 , and consent to the transfer.
Date:
Revised 11 /6/2014
't'C\()0-.v\_ ooL-tiU.., ~ ~ Lw\Cl.J...;_J\ W~G /.PctA
Transferor Signature:
Page 20 of 32
Tract A 1, Beaver Loop
Acres Addn. No.1
. thaity•f .
KENAl~KA
"V/
N W+E
s
850'
1 inch equals 833 feet
The information depicted here
on is for graph ic representation
only of the best available sources.
The City of Kenai assumes no
responsibility for errors on this
map .
Date: 4/5/2018 Page 21 of 32
THIS PAGE INTENTIONALLY LEFT BLANK
Page 22 of 32
ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
APRIL 4, 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 – None.
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA.*Regular Meeting of March 21, 2018
F. UNFINISHED BUSINESS – None.
1. ENACTED. 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)
[Clerk’s Note: This Item was Postponed to this Meeting from the March 21, 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. REMOVED FROM THE AGENDA. *Action/Approval – Purchase Orders Exceeding
$15,000.
Page 23 of 32
3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 04/18/2018.
*Ordinance No. 3013-2018 - Increasing Estimated Revenues and Appropriations by
$286,288 in the Airport Special Revenue and Airport Terminal Improvements Capital
Project Funds for Increased Costs Associated with Phase II of the Project to Design
the Airport Terminal Rehabilitation Project and Authorizing a Contract Amendment
with Wince-Corthell-Bryson for Completion of Phase II of the Project’s
Design. (Administration)
4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 04/18/2018.
*Ordinance No. 3014-2018 – Making Housekeeping Amendments to KMC Section
3.25.060- Adoption Procedure, 3.25.090- Protective Custody, 3.30.030-Quarantine of
Individual Animal, 4.25.020- Fee Schedule, 12.25.030- Leaving of Junk or Illegally
Parked Vehicles, 13.30.090-Sign Bearing the Legend, 18.25.030 – Inspection Fee,
and 23.50.010- Employee Classification. (Legal and City Clerk)
5. SPECIAL MEETINGS SCHEDULED FOR 05/14/18 AND 05/15/18 AT 6:00 P.M.
Action/Approval – Schedule a Special Meeting to Conduct Annual Performance
Evaluations for the City Attorney, City Clerk, and City Manager. (City Clerk)
6. WORK SESSION SCHEDULED FOR 05/19/18 AT 9:00 A.M. Action/Approval –
Schedule a Work Session to Review and Discuss the Fiscal Year 2019 City of Kenai
Budget. (City Clerk)
7. Discussion – Harbor Commission’s Recommendation for Wake Zone Signs at the
Mouth of the Kenai River. (City Manager)
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.
Page 24 of 32
M. PENDING ITEMS – None.
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review
The agenda and supporting documents are posted on the City’s website at www.kenai.city.
Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council
Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at
907-283-8231.
Page 25 of 32
THIS PAGE INTENTIONALLY LEFT BLANK
Page 26 of 32
April 9, 2018
6:30 p.m.
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. March 26, 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. Bettyann’s Acres 2018 Addition ................................................................................... 2
KPB File 2018-026
[Integrity / Mary Lou Roofe Trust, Harris, Roofe]
Location: Nola St & Warren Ave, Salamatof area
2. Peterson Forest Subdivision ........................................................................................26
KPB File 2017-022R1
[Segesser / Peterson]
Location: Off Gas Well Rd, Kalifornsky area
3. Veil O’Mist No. 17 ............................................................................................................53
KPB File 2018-023
[Segesser / Mark & Loretta Moor Living Trust, Moore, Veil O’Mist Inc.]
Location: Otter Trail Rd & Balderdash Rd, Sterling area
MEMBERS
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Rick Foster (JUNE ONLY)
PC Member
Southwest Borough
Term Expires 2020
James Isham
PC Member
Sterling
Term Expires 2018
Paul Whitney
PC Member
City of Soldotna
Term Expires 2020
ALTERNATES:
Diane Fikes
PC Member
City of Kenai
Term Expires 2019
Virginia Morgan
PC Member
East Peninsula
Term Expires 2019
Franco Venuti
PC Member
City of Homer
Term Expires 2019
Page 27 of 32
4. Section Line Easement Vacation Plat Associated with ......................................71
Davis-Mills Subdivision No. 2 Tracts I1 and I2
KPB File 2018-008
[Johnson / Mills]
Location: North of Cohoe Loop Road, Cohoe
5. Whitcomb Subdivision Addition Number 6 ..........................................................85
KPB File 2018-025
[Johnson / Cronkhite]
Location: Pioneer Access Road, Rebecca Dr & Heistand Ave E,
Funny River area
Funny River Advisory Planning Commission 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 23,
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
Page 28 of 32
April 9, 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 - None
*6. Utility Easement Vacations - None
*7. Commissioner Excused Absences
a. Rick Foster, Southwest Borough
b. Harry Lockwood, Ridgeway
*8. Minutes
a. March 26, 2018 Plat Committee Minutes
b. March 26, 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.)
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
Page 29 of 32
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1. Public hearing on a Limited Marijuana Cultivation .............................................. 6
Facility license application to provide comments to the State of
Alaska. Applicant: Green Escape; Parcel Number: 159-200-91;
Property Description: Lot 17, Stariski Meadows, according to
Plat 97-62, Homer Recording District. Location: 26189 Pepper
Road
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18)
1. Resolution 2018-10; A Conditional Use Permit to replace the ......................73
existing twin culverts with a box culvert under Nikolaevsk Rd.
This project is located in Section 26, T4S, R14W, SM, AK within
the Nikolaevsk Rd right-of-way. Petitioner: Alaska Department
of Transportation & Public Facilities.
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 5 preliminary
plats.
K. OTHER/NEW BUSINESS
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Kenai Planning & Zoning Commission Meeting Minutes ............................................. 135
- March 14, 2018
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
Page 30 of 32
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, April
23, 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
May 9, 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
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
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 31 of 32
THIS PAGE INTENTIONALLY LEFT BLANK
Page 32 of 32