HomeMy WebLinkAbout2018-07-25 Planning & Zoning PacketAGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
JULY 25, 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
a. June 27, 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 No. PZ2018-35 - Application for a Home Occupation Permit to operate a
gunsmithing, repair, and selling of firearms business from the existing garage located
at 115 Haida Dr., submitted by Andrew Whipple, 115 Haida Dr., Kenai, AK 99611 .... 13
b. Commercial Marijuana Facility Update – Statistics on facilities permitted by the Planning
and Zoning Commission ............................................................................................ 25
____________________________________________________________________________________
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
JULY 25, 2018 - 7:00 P.M.
Page 2 of 2
9. PENDING ITEMS - None
10. REPORTS
a. City Council …………………………………………………………………………………...31
b. Borough Planning …………………………………………………………………………....34
a. Administration
11. ADDITIONAL PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
12. INFORMATIONAL ITEMS
a. Planning and Zoning Resolutions – Second Quarter 2018 ........................................ 40
b. Code Enforcement – Second Quarter 2018 .............................................................. 41
c. Building Permits – Second Quarter 2018 ................................................................... 42
d. Memorandum of Agreement Between City of Kenai and Kenai Municipal Borough for
Hazard Mitigation Plan Coordination ......................................................................... 44
13. NEXT MEETING ATTENDANCE NOTIFICATION: August 8, 2018
14. COMMISSION COMMENTS AND QUESTIONS
15. ADJOURNMENT
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
JUNE 27, 2018 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER
Commission Chair Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Commission Chair Twait led those assembled in the Pledge of the Allegiance.
b. Roll Call
Commissioners present: Chair J. Twait, Vice-Chair R. Springer, D. Fikes, K.
Peterson, G. Greenberg, V. Askin
Commissioners absent: J. Halstead
Staff/Council Liaison present: City Manager P. Ostrander, City Attorney S. Bloom, City
Clerk J. Heinz, City Planner E. Appleby, Deputy City Clerk
J. Kennedy, Planning Assistant W. Anderson, Council
Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
Commissioner Peterson noted the following addition to the packet:
Add: 6(a) Letter of Opposition – Allison Gottesman
Letter of Opposition – Kenai Soil & Water Conservation District
Letter of Opposition – Bruce Richards and Shanda Hall
MOTION:
Commissioner Peterson MOVED to approve the agenda with the addition of laydown items for
6(a) and Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda and Commissioner Greenberg
SECONDED the motion. There were no objections; SO ORDERED.
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*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
2. *APPROVAL OF MINUTES: June 13, 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 PZ17-30 – Application for a Conditional Use Permit for Extraction of Natural
Resources submitted by Lavern Davidhizar for the 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
City Planner Appleby reviewed the staff report and noted the history of the application process.
Appleby noted that of eleven requirements, one does not apply to this application as the City
ordinance requirement change went into effect after the application was submitted. Appleby
reviewed the ten requirements for approval of the application.
Appleby reported that staff recommended the Planning and Zoning Commission deny Resolution
PZ17-30 application for a conditional use permit for surface extraction of natural resources. Denial
was recommended on the basis that the application did not meet requirements for screening,
access impacts, compatibility with zoning code and the Comprehensive Plan, did not outweigh
detrimental impacts to neighboring properties, and was a risk to public welfare. She added that
the applicant did not contact the Alaska Department of Transportation to check for compliance
with their permitting processes and regulations, as requested by the Planning and Zoning
Commission.
Appleby summarized the ten requirements and noted the applicant met two of the requirements,
one was undetermined, and seven were not met. She added the application did not follow State
of Alaska requirements of gravel and rock extraction.
Jason Foster, on Lavern Davidhizar’s behalf noted the application was not for a gravel pit and
that a gravel pit included machinery, continuous work, sales of surface and subsurface
aggregates, Storm Water Pollution Prevention Plans, etc. He clarified that the purpose was to
extract gravel to make a body of water, similar to Ames Avenue and Angler Drive. He noted that
currently there was a swamp on the property and Mr. Davidhizar wanted to make it a body of
water with the work taking place this winter only, and not continuing afterwards as a gravel pit.
Mr. Foster clarified that a barrier fence would be put up during the work, even if it was not in the
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application as it was the normal practice and the intent. He added that the conditions required to
do the work would be met. Mr. Foster noted that he would not be helping Mr. Davidhizar in this
project if it was for the purpose of a gravel pit as it would be in competition with his gravel pit
company. He clarified the purpose would be a one-time, over a period of two months in the winter,
gravel extraction to fill Mr. Davidhizar’s other properties off-site and make a lake from the current
wetlands on the property, which would have more curb appeal to the property owner versus a
swamp. He offered to answer questions about the use of the gravel and the process. He noted
that the yield of gravel as noted in the application was not accurate and that the boundaries were
estimated. Mr. Foster reiterated that it would not be operated as a gravel pit at all.
MOTION:
Commissioner Greenberg MOVED to adopt Resolution No. PZ17-30 and Commissioner Peterson
SECONDED the motion.
Chair Twait opened the floor for public testimony.
Bruce Richards spoke in opposition based on the code that governed the process. Focused on
the requirements of the conditional use permit, he was pleased with the staff report and
recommendation to deny the permit.
Joe Connors, Vice-Chair of the Kenai River Special Management Advisory (KRSMA) Board spoke
in opposition of the conditional use permit because of the possible adverse impacts and affects it
would have on the Kenai River. He noted the potential for ponds becoming part of the Kenai River
through erosion, flooding and river natural realignment had not been accorded any weight. Mr.
Connors provided a letter by the President of the KRSMA Board reiterating the Board’s opposition
of the conditional use permit.
Ron Lazenby spoke in opposition of the conditional use permit and agreed with the staff report.
He further noted that other people would have a lot to lose with a gravel extraction site in the area.
Alison Gottesman submitted a letter on June 25 in opposition of the conditional use permit. She
concurred with the staff report and denial of the application. She noted that a pond, gravel pit or
anything similar would have a serious negative impact.
James Nelson spoke in opposition of the conditional use permit. He noted that he owned two
properties, similar homes, with equal value, and proximity to the Kenai River, with nothing
between the homes except wilderness and other homes. The project would lower the properties
values, he noted it unnecessary to develop an unnatural pond, and the trucks extracting the gravel
would be a disruption to the community.
Christine Hutchison spoke in opposition of the application, clarifying that the Kenai River is an
anadromous river and it would be a grievous mistake to approve the permit.
Dwight Kramer spoke in opposition of the application and commented on habitat quality. He noted
that in looking at the effects of various developments in wetland areas, the effects would be
unknown until later in time. He added that it was unknown what could happen long-term to the
Kenai River if this was approved, and it was not worth the potential effects.
Jack Sinclair, Executive Director of the Kenai Watershed Forum spoke in opposition of the
application. He noted appreciation of the Commission packet and the thorough information
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provided. He spoke on various projects done and noted the importance of the wetlands, the
nutrients produced and its flood protection. He reiterated that the property was a high value
wetland and a necessity.
Marcus Mueller spoke in opposition of the application, noting his property was at the end of the
channel to this property. He commented on flood plains and backwater channel, specifically noting
his property by the River was the largest salmon rearing backwater channel. He noted the concern
of the channel was avulsion.
Tim McIntyre spoke in opposition of the conditional use permit, noting his agreeance with the staff
report. Mr. McIntyre commented on the opening of a potential half-mile long “pond’ at the base of
the bluff, could channel the Kenai River toward that bluff and cause erosion to occur, altering the
flow of the river with long term affects. He noted the significant noise pollution with a gravel pit in
a residential area and indicated the absence of a specific reclamation plan nor adequate financial
restitution available if the project did not go as planned.
Laura Rhyner, representative of Cook Inlet Keeper spoke in opposition of the application. She
noted by the public presence at the meeting, the residents of Kenai greatly support the protection
of the Kenai River. She added that baby salmon are reared in wetlands and it allows continual
return each year. Ms. Rhyner noted there was a gap in the process though and advised it be
addressed. She referenced the Alaska Department of Fish and Game, Army Corps of Engineers,
and the Kenai Comprehensive Plan. She also noted that the flood plain of the Kenai River was
not a suitable place for gravel extraction.
Kathy Heus thanked the commissioners and City Planner for their service, and spoke in opposition
of the application. She noted the Kenai River was too valuable to risk on the proposed
development. She agreed with the staff report where the applicant did not meet several of the
requirements. Ms. Heus further noted the applicant had sufficient time to follow through with what
was requested and required for the conditional use permit but did not.
John Hammelman spoke in opposition of the application. He noted it would be more acceptable
if the project was as described by Mr. Foster as a partial one-winter, smaller project. He
commented on how the application does not reflect the same figures in amount of gravel and size
of pond, or the timeframe. He added that would be a significant amount of water removed from
wetlands only to make a pond. It would result in chemical changes and characteristics that would
be a significant negative impact.
Sarah Pyhala spoke in opposition of the conditional use permit. She noted it was t oo high of risk
on the flood plains, referencing the Anchor River as an example. The river was listed as impaired
and it would increase turbidity and any other chemical change. She added that the Kenai River
was too high of value and this project would destroy the Kenai River habitat.
Dale Sandahl spoke in opposition of the application. He noted he had lived in that neighborhood
for 20 years. He commented that City Planner Appleby addressed his concerns and answered
his questions. Mr. Sandahl noted that this was about protecting the river. He held up a Kenai
magazine and referenced an article by Mayor Gabriel regarding the relationship of past to present,
historical references and over fifty percent of the magazine was about the “national treasure” of
the Kenai River. Mr. Sandahl also held up a Soldotna magazine, noting it labeled the Kenai River
as a “hot spot” for fishing. He further referenced the Kenai Comprehensive Plan and noted that
this property was part of the tidelands. Mr. Sandahl expressed appreciation of the representatives
of the State, Borough, local cities and the community in attendance to this meeting.
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Kaitlin Vadla, City of Soldotna Planning and Zoning Commissioner, spoke in opposition of the
application. She noted characteristics of the Kenai River and the unknown negative impacts it
would have. She advised the Commission to write a resolution to City Council to revisit the gravel
extraction Ordinance to better this process. She added that the City of Soldotna had an overlay
of 100 feet.
There being no one else wishing to be heard, Chair Twait closed public comment.
On behalf of Mr. Davidhizar, Mr. Foster noted he respects the desire to protect the Kenai River
and that this was not an issue of protection; further clarified the distance between the river and
the project was 300 feet. He agreed that as a resident he would not want anything to obstruct that
view and clarified that a pond would not do that. He stated there were septic systems and wells
within 300 feet of the river, which would have more of an impact if more homes were developed
instead. He agreed that Mr. Davidhizar should have had an engineer to provide reassuring
specifics versus the broad details or plans as currently in the application. Mr. Foster asked if the
material did not leave the site if a conditional use permit was required. City Planner Appleby
clarified that a conditional use permit would not be required.
Mr. Foster noted the request for historical data of the negative impacts with tidal concerns
because he believed it as a non-issue. He added that he thought the figure of 500,000 cubic yards
was a miscalculation. He clarified that his company, North Star Paving, would not be doing the
work, as it was unionized and had expensive costs. He was asked individually to oversee the
project noting Mr. Davidhizar bought the property from Mr. Foster’s parents. He clarified that Mr.
Davidhizar wanted to extract gravel to bring to his other properties. He added that he believed it
would be a valid project, over one winter period, a small circular lake, and it would not affect the
wetland close to the river. He clarified the soil under the top two feet would not be frozen and the
overburden would stay on-site and spread around.
Mr. Foster clarified that this was a reclamation project as it would be taking a swamp and turning
it into a pond; shaping it to make it safe for animals entering and exiting it.
MOTION TO AMEND:
Commissioner Greenberg MOVED to amend to make findings for the ten criteria and
Commissioner Peterson SECONDED the motion. There were no objections; the ten criteria would
be discussed individually.
Chair Twait noted Criteria No. 1 stated the application was in substantial compliance with the
requirements of Kenai Municipal Code Section 14.20.154. It was noted staff found this application
was not in substantial compliance with the requirements of this chapter. The applicant has not
demonstrated the proposed use meets the requirements for boundaries of the proposed
extraction, buffer strips and screening, back slopes, or fencing. Some required criteria were not
possible to evaluate without guessing because the application neglected to provide detailed
information despite the direction of the Planning and Zoning Commission and additional time
given to the applicant.
MOTION TO AMEND:
Commissioner Greenberg MOVED to amend that the application was not in substantial
compliance with the Kenai Municipal Code and adopt the City Planner’s recommendation;
Commissioner Askin SECONDED. There were no objections; SO ORDERED.
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It was noted the City Planner did a comprehensive job on the findings and there was agreement
with the applicant’s representative that the application was vague.
Chair Twait noted Criteria No. 2 stated the boundaries of the proposed excavation at its greatest
dimensions, including back slopes, are at least two hundred feet (200') from any road or public
right-of-way and at least one hundred fifty feet (150') from other surrounding property lines, except
that adjoining permitted surface extraction of natural resources sites are not required to maintain
the above one hundred fifty feet (150') excavation between sites.
It was noted staff found the application did not denote exact dimensions. Using the May 2018
paper map submitted by the applicant containing outlines of the gravel pits and a ruler, the
boundaries of the proposed excavation and the distance from other surrounding property lines
and roads could be estimated. Assuming one inch equaled 86.957 feet (calculated from the scale
bar showing 11.5 inches equals 1,000 feet), the proposed gravel pits are approximately 530 feet
from Silver Salmon Drive, 108 feet and 130 feet from property lines to the south and north,
approximately 240 feet from the Kenai River to the west, and approximately 195 feet from
residential properties to the east. Using these numbers, the proposed use did not meet the
property line boundaries required by KMC 14.20.154(a)(2).
MOTION TO AMEND:
Commissioner Greenberg MOVED to amend by adopting staff findings for Criteria No. 2;
Commissioner Peterson SECONDED. There were no objections; SO ORDERED.
Chair Twait noted Criteria No. 3 stated the buffer strips between the excavation site and roadways
and property lines contain sufficient natural screening to obscure the entire excavation from sight
of roadways and inhabited areas. If there is not sufficient natural screening, the site plan must
provide for artificial screening.
It was noted staff found, the applicant stated, “the site cannot be seen from Silver Salmon Drive”
and “there will be trees on all sides of the pond after project completed…the area will continue to
be remote wilderness”. KMC 14.20.154(a)(3) stated there must be sufficient natural screening to
obscure the entire excavation from the site of roadways and inhabited areas. The neighboring
properties of the subject property were not remote wilderness, zoned residential and contained
homes. Several residences on two different streets directly overlook ed the site of the proposed
excavation from a higher elevation. Even if all trees surrounding the pond were left in place and
the applicant successfully used an ice road, these residences would still directly overlook the
excavation. Since there was not sufficient natural screening, KMC 14.20.154(a)(3) stated there
must be artificial screening. The application provided for no artificial screening or fencing, and
does not meet this requirement.
MOTION TO AMEND:
Commissioner Greenberg MOVED to amend Criteria No. 3 finding that it did not contain sufficient
natural screening from roadways and inhabited areas; Commissioner Askin SECONDED. There
were no objections; SO ORDERED.
Chair Twait noted Criteria No. 4 stated the site plan provides that back slopes be a minimum of a
2:1 slope, except for the contiguous working face. It was noted staff found, the application had a
line reading, “the pond will be a 2:1 slope or greater” as part of a description of the proposed use.
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The site plan provided with the application contained no post-extraction contours or any detail of
where extracted material would be stored, other than it would be hauled off-site. There is not a
site plan showing grading or proposed reclamation slopes to verify this requirement.
MOTION TO AMEND:
Commissioner Greenberg MOVED to amend by adopting the staff findings for Criteria No. 4 and
Commissioner Springer SECONDED. There were no objections; SO ORDERED.
Chair Twait noted Criteria No. 5 stated the site plan does not provide for excavation below the
water table except where a reasonable method of drainage is available at the particular site or
where the proposed future development plan provides for a lake on the site of the excavation. It
was noted staff found, the June 12, 2018 Site Investigation Report noted the “groundwater table
was generally encountered within a half foot of the surface in proposed pond areas”. The
application did not discuss any methods of drainage on the site. The application proposed to form
two ponds as a result of the excavation and therefore met this requirement.
MOTION TO AMEND:
Commissioner Greenberg MOVED to amend by adopting staff findings for Criteria No. 5 and
Commissioner Peterson SECONDED. There were no objections; SO ORDERED.
Chair Twait noted Criteria No. 6 stated if the excavation was to be below the water table and the
site was likely to endanger the public safety, the site plan shall provide for fencing of the work
area. It was noted staff found the applicant stated no fencing would be needed and that a gate
would block the private driveway. Due to their proximity to homes and the Pillars Boat Launch, a
person from the boat launch or nearby residence could easily access the pit and work area without
a fence or other safety barrier.
Staff also found the applicant proposed to only extract gravel in the winter when the ground was
frozen using an ice road and to only drive on the area to be extracted. This plan is not realistic.
Ice roads are used rarely on the Kenai Peninsula. When Peak Oilfield Service Company built a
three-mile ice road for NordAq Energy Incorporated to conduct exploratory drilling within the Kenai
National Wildlife Refuge during the single winter season of 2010-2011, special equipment and
plans were necessary. This included plans to use equipment to drive the frost level deeper and
earlier, interlocking steel rig mats, water and ice chips, snowmakers, and contingencies for
warmer weather. Using the paper map submitted by the applicant and a ruler, the proposed width
of the ponds are approximately 0.21 miles and 0.1 miles. While the applicant’s ice roads would
be much shorter than the three-mile ice road referenced, it is still unrealistic to propose ice roads
for the climate of the Kenai Peninsula with no contingencies or plans for warmer weather. If the
ice roads were not stable, the underlying wetlands could be damaged, and the land could become
deeply rutted and prone to erosion.
The applicant proposed to work long hours to finish the work within three years. Without specific
hours of operation, it was not possible to determine if the activity is compatible as a use within the
RR zone adjacent to residences.
MOTION TO AMEND:
Commissioner Greenberg MOVED to amend by including comments of the City Planner as a
finding to Criteria No. 6 and Commissioner Peterson SECONDED. There were no objections; SO
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ORDERED.
Chair Twait noted Criteria No. 7 stated the proposed use of land after extraction is completed, is
feasible and realistic, and is a use permitted in the zone in which the property is located. It was
noted staff found the property under consideration was within the Rural Residential (RR) Zone.
The Land Use Table allowed surface extraction of natural resources in the RR Zone with an
approved conditional use permit. Permits may be granted if the proposed use would be
compatible with the surroundings and the conditions and requirements were met.
The June 12, 2018 Site Investigation Report stated the area “can be developed as shallow ponds”.
The applicant’s proposed use was not accurately described as shallow ponds. The proposed use
was gravel pits to be excavated to a maximum depth of 20 feet of encompassing approximately
13 acres. It is misleading to refer to the proposed conditional use as solely to build small ponds.
The Kenai River Center did not have jurisdiction over the proposed use because it is outside of
the 50-foot River Habitat buffer. However, the River Center raised concerns for the ponds and
surrounding lowlands to become inundated and have significant erosion in the event of a flood.
The ponds would be approximately 240 feet from the Kenai River based upon paper calculations
with a ruler from the map submitted by the applicant.
In 2002, a six-acre abandoned gravel mine abandoned in 2000 and developed within 100 feet of
the South Fork of the Anchor River was captured by the river. This had detrimental impacts to fish
in the river. The U.S. Fish and Wildlife Service paid for the Anchor River to be restored. However,
avoiding the capture of the gravel mines would have been less expensive and provided better fish
habitat. Because of the proximity of the extraction to the Kenai River and the possibility for the
Kenai River to capture the two proposed ponds and adversely affect the salmon fishery, the
proposed use poses an unreasonable risk for the City of Kenai with potential effects far outside
of the neighborhood of the proposed use.
MOTION TO AMEND:
Commissioner Springer MOVED to amend by adopting the staff findings for Criteria No. 7 and
Commissioner Greenberg SECONDED. There were no objections; SO ORDERED.
It was noted, through testimony of the community, there was agreement with the City Planner’s
findings and that Joe Richards, KRSMA Board, was a great influence in helping understand the
intent of application and the impacts to the area.
Chair Twait noted Criteria No. 8 stated the extraction does not destroy the land for the purposes
for which it is zoned. It was noted staff found properties adjacent to the subject property were also
in the RR Zone. To the west of the subject property is t he Kenai River. Silver Salmon Drive and
the Kenai Spur Highway border the northern extension and eastern edge of the property. See
findings under 14.20.154(a)(7) for concerns about potential river capture, erosion, fisheries risks,
and damage to wetlands.
MOTION TO AMEND:
Commissioner Springer MOVED to amend Criteria No. 8 by adopting staff findings relating to river
capture, erosion, fisheries at risk and damage to wetlands; Commissioner Askin SECONDED.
There were no objections; SO ORDERED.
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Chair Twait noted Criteria No. 9 stated the need for the particular natural resource within the City
of Kenai outweighs any detrimental effects the operation may have on surrounding property
owners. It was noted staff found, gravel pits and other surface extraction may be compatible uses
within the RR Zone, provided the applicant has plans to address screening, operating hours, post-
extractive use, and truck/machinery traffic. This application did not address any of those items.
Without any plans to mitigate the impact of a gravel pit on a residential neighborhood, this
proposed use would have detrimental effects on surrounding property owners. Surrounding
homes looked directly over the site of the proposed surface extraction. The quality of life in the
neighborhood would be affected by noise, traffic, and views. The character of the neighborhood
would be greatly impacted by this use during operation.
After the extraction, there were no plans for future site development and the site would not be
backfilled. The water table was very close to the surface, so the gravel pits would fill with water
even while extraction was taking place. The applicant did not described any plans for drainage or
diverting water. There was a risk of the Kenai River capturing the two ponds and the applicant did
not follow State of Alaska Best Management Practices for surface material extraction.
There were several other gravel pits operating within the City of Kenai. More suitable locations
for surface extraction in Kenai were available away from water bodies and could more easily
include mitigating measures for neighbors, such as screening. The applicant did not identify a
need within the City of Kenai for the resource. The test probes also indicated the resource on the
subject property was of uncertain quality and quantity. The proposed use constituted an
unreasonable risk to the City of Kenai, and the risk did not outweigh the needs for the resource
with the City.
MOTION TO AMEND:
Commissioner Springer MOVED to amend by adopting staff findings for Criteria No. 9 and
Commissioner Askin SECONDED. There were no objections; SO ORDERED.
It was pointed out that the applicant’s representative testified the applicant did not have a
reclamation plan or any plans of a noise mitigation plan in the residential area.
Chair Twait noted Criteria No. 10 states the applicant is the owner of the subject property, and,
according to the staff report, staff has found the applicant is the owner of the subject property.
MOTION TO AMEND:
Springer MOVED to amend by adopting staff findings for Criteria No. 10 and Commissioner
Peterson SECONDED. There were no objections; SO ORDERED.
Commissioner Peterson thanked Mr. Foster for the information and answering questions, and
thanked the audience for the civility of tonight’s meeting. He noted he would not be voting in favor
of the conditional use permit.
Commissioner Springer agreed with Peterson and noted with all information provided and public
testimony, he would not be voting in favor.
Commissioner Greenberg noted this hinged on the Site Plan, Kenai Peninsula Borough parcel
viewer, and given the findings of staff, he would not be voting in favor.
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Commissioner Askin thanked Mr. Foster for the information and all the residents that provided
their information and opinion. Askin noted that she would not be voting in favor because it did not
meet the intent of the Kenai Comprehensive Plan and, as a steward of the Kenai River, it was not
in the best interest of future development.
Chair Twait noted if this was to be a successful project it needed an engineering professional for
more accurate information. He further noted it lacked completeness and follow through on what
was requested; thanked Mr. Foster for attending.
Commissioner Fikes noted there was a lot of thoughtful, resourceful, and factual information
regarding the Kenai Municipal Code and Kenai Comprehensive Plan. She added the applicant’s
plans were continually changing, the rise of the water table and risk of flooding without any
accurate engineering information provided, and with the applicant not present for a second time
to answer questions, she would not be voting in favor.
VOTE ON THE RESOLUTION:
YEA:
NAY: Peterson, Fikes, Askin, Greenberg, Twait, Springer
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 June
20 City Council Meeting. He specifically noted an ordinance that was enacted regarding
standards for commercial marijuana establishments and the land use table to prohibit
standard marijuana cultivation facilities in residential zones as initiated by the Planning
and Zoning Commission. He also reported on the approved sale of two airport
properties, one on Trading Bay Road and the other a Dry Cleaner business at the south
end of Airport Road.
b. Borough Planning – Commissioner Fikes reported that the Commission met on June
25; noted five plats were approved; three utility easement vacations were approved; and
reported a limited marijuana cultivation application in K-Beach area was approved.
c. Administration – City Planner Appleby thanked the public for all the input and direction.
She clarified that after the 15-day appeal period, if a conditional use permit was not
granted, the applicant cannot submit another conditional use permit application for
similar use for nine (9) months. Appleby also reported on the following:
Alaska Gasline Development Corporation announced the new Kenai Spur Highway
route was decided, clarifying it was not the residential route;
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She attended a Kenai Peninsula Economic Development District (KPEDD) meeting
and reviewed the 2018 Peninsula Borough Economic Development Strategy, which
would provide data on economic industry; and
She met with the local bike advocacy group; noted it was a joint membership, and
the City of Kenai would help provide support with information to apply for a bicycle
funding designation for the City of Kenai.
11. ADDITIONAL PUBLIC COMMENT
John Hammelman thanked the Commission for their work and requesting more information from
the applicant. He also noted appreciation for the excellent and thorough staff report.
Kristine Schmidt noted the gravel ordinance needed to be reviewed again and updated. She
added that it would be better if it was more comprehensive to address some of the requirements
that were noted as missing by the applicant, requiring it be provided through the ordinance.
Tim McIntyre thanked the Commission, noting it was interesting and instructive. He further
thanked the City Planner for her report.
12. INFORMATIONAL ITEMS – None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: July 11, 2018
City Planner Appleby noted there were no agenda items for July 11 and suggested cancelling the
meeting. There were no objections; the next meeting would be July 25. Chair Twait and Vice-
Chair Springer noted they may not be able to attend.
14. COMMISSION COMMENTS & QUESTIONS
Commissioner Greenberg noted the application was not approved mostly for technical reasons
and agreed with Schmidt that the Commission should review the gravel extraction ordinance.
Commissioner Fikes appreciated the information and input provided by the Planning and Zoning
Commissioner of Soldotna regarding review of our code and possible gaps.
The Chair and Commissioners expressed appreciation of City Planner Appleby’s thorough report,
the civility of the meeting, the public comment, and attendance.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 9:39 p.m.
Minutes prepared and submitted by:
_____________________________
Jacquelyn Kennedy
Deputy City Clerk
11
THIS PAGE INTENTIONALLY LEFT BLANK
12
STAFF REPORT
To: Planning & Zoning Commission
Date: July 11, 2018 Res: PZ2018-17
GENERAL INFORMATION
Applicant: Andrew Whipple
115 Haida Drive
Kenai, Alaska 99611
Owner: Carl Rodgers
P.O. Box 1237
Kenai, Alaska 99611
Requested Action: Home Occupation – Gunsmithing and Repairs,
Selling Firearms
Existing Legal Description: Lot 4, Block 3, Redoubt Terrace Subd. Addn. No. 8
Street Address: 115 Haida Drive
KPB Parcel No: 04715027
Existing Zoning: Suburban Residential (RS)
Current Land Use: Residence
Land Use Plan: Suburban Residential
ANALYSIS:
Applicant has submitted an application for a Home Occupation Permit to operate a
gunsmithing, repair, and selling of firearms business from the existing garage on his
residential property. The applicant states that the garage consists of 768 square feet and
168 square feet will be used for the gunsmithing, repair, and firearms business. Only hand
tools will be used for the business. The applicant will not use major machinery.
The applicants rents the residence located at 115 Haida Drive from Carl Rodgers. The
applicant has provided a letter from Mr. Rodgers consenting to the establishment of this
home occupation in his residence.
The applicant is employed in the oilfield industry; therefore, this business will only be
operated on his days off. He anticipates only one or two customers a week visiting the
location. His business would not impact neighborhood traffic or parking.
The applicant has submitted an application to the Bureau of Alcohol, Tobacco, and
Firearms to obtain a federal firearms dealer’s license. The license will not be issued until
the applicant can show he has met requirements within the City of Kenai.
Kenai Municipal Code (KMC) 14.20.230 provides that the intent of this chapter to permit
home occupations that are compatible with other permitted uses and with the residential
character of a neighborhood, and that are clearly secondary or incidental to the residential
use of the main building. The use should be conducted that the average neighbor would
not be aware of the use. KMC 14.20.230(d) sets forth the development requirements of a
home occupation, as follows:
13
(1) Not more than one (1) person outside the family shall be employed in the home
occupation.
Applicant states that he will be the sole employee and that he has no plans to
employ other individuals.
Staff finds that applicant meets this development requirement.
(2) No more than thirty percent (30%) of the gross floor area of all buildings on the
lot shall be used for the home occupation.
The 168 square feet is less than thirty percent (30%) of the total square footage of
the garage.
Staff finds that applicant meets this development requirement.
(3) The home occupation shall be carried on wholly within the principal building,
or other buildings, which are accessory thereto. Any building used for a home
occupation shall be wholly enclosed.
Applicant states that the home occupation will be in the garage, which is a wholly
enclosed structure.
Staff finds that applicant meets this development requirement.
KMC 14.20.230(h)(2) states that residences may be required to be inspected by the Fire
Marshall. The Fire Marshall confirmed by email to City Staff that a fire inspection was not
necessary. City Staff recommends leaving in as a condition of the permit that the Fire
Marshall may still require an inspection after the permit is granted, if deemed necessary.
RECOMMENDATIONS:
The applicant’s intended use meets the development requirements for a Home
Occupation Permit. City Staff recommends the Planning and Zoning Commission approve
the application for a Home Occupation Permit to operate a gunsmithing, repair, and selling
of firearms business from the existing garage on this residential property, subject to the
following conditions:
1. Applicant must comply with all Federal, State, and local regulations, including, but
not limited to regulations imposed by the Bureau of Alcohol, Tobacco, and Firearms.
2. Prior to operation, the applicant must submit a copy of the federal firearms license
issued by the Bureau of Alcohol, Tobacco, and Firearms to the City of Kenai.
3. If the Fire Marshall for the City of Kenai deems it necessary to perform a fire
inspection, pursuant to KMC 14.20.230(h)(2), the premises shall be inspected for
compliance with the Fire Code (KMC 8.05). Failure to comply with the Fire Code
(KMC8.05) shall be grounds for the suspension or revocation of the home occupation
permit.
14
ATTACHMENTS:
1. Resolution No. PZ2018-17
2. Application
3. Site Plan
4. Business License
5. Map
15
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2018-17
HOME OCCUPATION PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT TO OPERATE A
GUNSMITHING, REPAIR, AND SELLING OF FIREARMS BUSINESS WITHIN AN EXISTING
GARAGE ON A RESIDENTIAL PROPERTY, AS AUTHORIZED BY KENAI MUNICIPAL CODE
14.20.230, FOR
APPLICANT: Andrew Whipple
PROPERTY OWNER: Carl Rodgers
PROPERTY ADDRESS: 115 Haida Drive, Kenai, Alaska 99611
LEGAL DESCRIPTION: Lot 4, Block 3, Redoubt Terrace Subdivision Addition No. 8
KENAI PENINSULA BOROUGH PARCEL NO.: 04715027
WHEREAS, an application for Home Occupation Permit meeting the requirements of KMC
14.20.230 has been submitted and received on June 14, 2018; and,
WHEREAS, the application affects land which is zoned Suburban Residential (SR) and this use
is compatible within that zone; and,
WHEREAS, the applicant’s use meets development requirements outlined in KMC 14.20.230(d)
for not more than one (1) person outside the family to be employed in the home occupation, no
more than thirty percent (30%) of the gross floor area of all buildings on the lot shall be used for
the home occupations, and the home occupation shall be carried on within a wholly enclosed
accessory building to the principal building; and,
WHEREAS, the Fire Marshall for the City of Kenai has deemed it not necessary to inspect the
property prior to the issuance of the Home Occupation Permit.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS DEMONSTRATED THE
PROPOSED DEVELOPMENT MEETS THE CONDITONS REQUIRED FOR A HOME
OCCUPATION PERMIT, SUBJECT TO THE FOLLOWING CONDITIONS:
1. Applicant must comply with all Federal, State, and local regulations; including, but not
limited to regulations imposed by the Bureau of Alcohol, Tobacco, and Firearms.
2. Prior to operation, the applicant must submit a copy of the federal firearms license
issued by the Bureau of Alcohol, Tobacco, and Firearms to the City of Kenai.
16
3. If the Fire Marshall for the City of Kenai deems it necessary to perform a fire inspection,
pursuant to KMC 14.20.230(h)(2), the premises shall be inspected for compliance with
the Fire Code (KMC 8.05). Failure to comply with the Fire Code (KMC8.05) shall be
grounds for the suspension or revocation of the home occupation permit.
PASSED BY THE PLANNING AND ZONING COMMISSION THE CITY OF KENAI, ALASKA,
this 11th day of July, 2018.
Jeff Twait, Chairman
ATTEST:
___________________________________
Jamie Heinz, City Clerk
17
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23
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MEMORANDUM TO: Planning and Zoning Commission FROM: Elizabeth Appleby, City Planner DATE: July 19, 2018 SUBJECT: Marijuana Facilities Statistics ____________________________________________________________________________ Approved Marijuana Facilities The table below shows permitted marijuana facilities within Kenai. The attached maps show the location of all facilities, manufacturing facilities, retail facilities, and cultivation facilities. AddressManufacturingRetailCultivationBusiness NameMeeting DateZoneApproval?12516 Kenai Spur HighwayStandard Red Run6/28/2017 Commercial (CG)Approved14429 Kenai Spur HighwayKenai River Cannabis 6/13/2018Commercial (CG) Approved12656 Kenai Spur Highway Limited, Standard Majestic Gardens 6/28/2017 Commercial (CG) Approved5455 Kenai Spur Highway Standard Red Run 3/23/2016Commercial (LC) Approved14927 Kenai Spur Highway L&J Outfitters 1/24/2018Industrial (I) Approved10767 Kenai Spur Highway East Rip 12/13/2017 Mixed Use (CMU) Approved by Appeal1030 Angler Drive Limited Peninsula Botanicals 5/24/2017 Residential (RR) Approved1817 Sunset Boulevard Limited Grateful Buds 2/28/2018Residential (RR) Approved25
Page 2 of 2 Marijuana Facilities Statistics Four permitted facilities were within a commercial zone, one was in a mixed use zone, one was in an industrial zone, and two were within a residential zone (both limited cultivation facilities). The two limited cultivation facilities within the residential zone are both located in existing garages. Two facilities are located in new buildings constructed on vacant lots. The remaining four facilities are located in existing buildings that were previously vacant. Marijuana Facilities Denied Approval The table below shows two marijuana facilities within Kenai which were denied approval. The standard cultivation facility was deemed incompatible within the residential zoning district. The other facility did not meet buffer requirements. Neither of these are included on the attached maps. Kenai Police Department Report The Kenai Police Department reported via email on July 19, 2018 that no calls for service could be located at any of the addresses for permitted marijuana facilities. State of Alaska Onsite Use Regulations Update The discussion of onsite use regulations has been delayed. A discussion is expected to occur in July or August of 2018. City Staff Recommendation City Staff recommends the Planning and Zoning Commission not spend time at present considering updates to Code related to marijuana facilities. After the State’s discussion on onsite consumption, this may be more appropriate. AddressManufacturingRetailCultivationBusiness NameMeeting DateZoneApproval?505 Ames RoadStandard Lone Fox Farms2/28/2018 Residential (RR) Failed11888 Kenai Spur HighwayLimited Majestic Gardens 6/22/2016 Commercial (CG) Failed26
Generated:All Permitted Marijuana Facilities 7/19/18
Majestic Gardens
L & J Outfitters
.4,300 '
Red Run
Kenai River Cannabis
East Rip
Red Run
Grateful Buds
Peninsula Botanicals 27
Generated:Marijuana Cultivation Facilities 7/19/18
Majestic Gardens
Grateful Buds
Peninsula Botanicals
Red Run
.4,300 '
Red Run 28
Generated:Marijuana Manufacturing Facilities 7/19/18
Majestic Gardens
L & J Outfitters
.4,300 '
Red Run 29
Generated:Marijuana Retail Stores 7/19/18
Majestic Gardens
Kenai River Cannabis
East Rip Red Run
.4,300 '30
ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
JULY 5, 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. 3033-2018 – Appropriating Transfers
for FY2019 Budgeted Capital Projects in the Public Safety Capital Project Fund, the
Kenai Recreation Center Improvements Capital Project Fund, the Vintage Pointe
Manor Capital Project Fund, and the Water and Sewer Capital Project Fund.
(Administration)
2. ADOPTED UNANIMOUSLY. Resolution No. 2018-38 – Awarding an Agreement to
Peninsula Pumping, Inc., for Providing and Servicing Portable Restrooms and
Dumpsters on The North and South Kenai Beaches, Including Portable Restrooms at
the City Dock, During the 2018 Personal Use Fishery. (Administration)
3. ADOPTED UNANIMOUSLY. Resolution No. 2018-39 – Awarding an Agreement to
Alaska Waste – Kenai Division, LLC, for Providing and Servicing Road Accessible
Dumpsters at the End of South Spruce Street, Kenai Little League Parking Lot, and
Kenai City Dock During the 2018 Personal Use Fishery. (Administration)
4. ADOPTED UNANIMOUSLY. Resolution No. 2018-40 – Approving the Execution of
a Lease of Airport Reserve Lands Using the Standard Lease Form Between the City
of Kenai and James H. Doyle, Individually, D/B/A Weaver Brothers, Inc. for Tract A,
31
Gusty Subdivision No. 3, and Tract B, Gusty Subdivision No. 6, Amended.
(Administration)
5. ADOPTED UNANIMOUSLY. Resolution No. 2018-41 – Consenting to The Vacation
of the Easternmost Portion of Riverview Drive Right-of-Way between Broad Street and
Lot 2C, Original Townsite of Kenai Laddville Replat No. 3, a Portion of Broad Street
Right-of-Way South of Cook Avenue, and the Unnamed Right-of-Way South of Cook
Avenue Adjacent to Lot 2C Original Townsite of Kenai Laddville Replat No. 3 and Lot
1, Block 18, Original Townsite Of Kenai. (Administration)
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of June 20, 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
Over $15,000
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Non-Objection to
Limited Marijuana Cultivation Facility License Renewal for Peninsula Botanicals,
License No. 12303. (City Clerk)
4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 08/01/2018.
*Ordinance No. 3034-2018 - Repealing Kenai Municipal Code Chapters 16.05-
General Provisions, and 16.10- Procedure, within Title 16- Public Improvements and
Special Assessments and Re-Enacting and Renaming Chapter 16.05- Special
Assessment Districts. (Council Member Knackstedt)
5. APPROVED UNANIMOUSLY AS AMENDED. Action/Approval – Special Use
Permit for the Kenai Chamber of Commerce and Visitor Center to Allow the
Moosemeat John Cabin to be Used and Operated on City-owned Property Known as
Lot 1, Gusty Subdivision, Addition 8. (Administration)
6. AMENDMENT APPROVED UNANIMOUSLY. Action/Approval – Amending an
Employment Agreement between the City of Kenai and City Manager Paul Ostrander.
(Administration)
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
• Harbor Roles & Responsibilities Sub-Committee
4. Parks and Recreation Commission
5. Planning and Zoning Commission
32
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
2. FY18 Audit Planning Document
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.
33
Paulette Bokenko-Carluccio
PC Member
Gty of Seldovia
Term Expires 2018
Syverine Abrahamson-Bentz
PC Member
.Anchor Point/ Ninilchik
Term Expires 2019
Gndy Ecklund
PC Member
Gty 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
VACANT
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
\Ace Chairman
Kasilof/Clam Gulch
Term Expires 2018
144 N . Binkley Street, Soldotna, Alaska 99669 • (907) 714-2215 • (907) 714-2378 Fax
A. CALL TO ORDER
July 16, 2018
7:30 p.m.
Assembly Chambers
George A. Navarre Kenai Peninsula
Borough Administration Building
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.
*2.
*3.
*4.
*5.
*6.
Time Extension Request
a. Nakacheba Subdivision ................................................................................... 2
KPB File 2009-133
[McClintock Land Associates/Tyonek Native Association]
Location: Beluga
Planning Commission Resolutions -None
Plats Granted Administrative Approval ............................................................... 9
Plats Granted Final Approval (20.10.040) -None
Plat Amendment Request -None
Utility Easement Vacations -None
*7. Commissioner Excused Absences
a. Robert Ernst, Northwest Borough
b. James Isham, Sterling
c. Vacant, Ridgeway
*8. Minutes
34
Franco Venuti
PC Member
Gty of Homer
Term Expires 2019
Paul Whitney
PC Member
Gty of Soldotna
Term Expires 2020
Max J. Best
Planning Director
01arlie Pierce
Borough Mayor
a. June 25, 2018 Plat Committee Minutes
b. June 25, 2018 Planning Commission Minutes
D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
E.
(Items other than those appearing on the agenda. Limited to five minutes per
speaker unless previous arrangements are made.)
UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1. Public hearing on a Retail Marijuana Store License application .................. 15
to provide comments to the State of Alaska. Applicant: K Beach
Reef. Parcel Number: 055-331-15. Property Description: Lot
5-A, Hawkins Subdivision, according Plat 79-177 , Kenai
Recording District. Location: 42106 Kalifornsky Beach Rd,
Soldotna
2. Resolution 2018-24. Public hearing on a conditional land ........................... 51
use permit application for material extraction on a parcel in the
K-Beach area. Applicant / Landowner: Peninsula Paving, LLC.
Parcel #055-072-72. Legal Description: Northwest 1/4 Northwest
1/4, Section 25, Township 5 North, Range 11 West, Seward
Meridian, excluding Ravenwood Subdivision Addition No. 5.
Location: Ravenwood Street N, approximately 112 mile south of
Ciechanski Road.
3. Resolution 2018 -22. Public hearing on a conditional land ............................ 76
use permit application for material extraction on a parcel in
Anchor Point. Applicant: Walter Blauvelt, DBA Axtel Enterprises.
Landowner: Dale Griner. Parcel #169-190-32. Legal
Description: Tract 2B-1A, Griner Subd. Four, according to Plat
2008-103, Homer Recording District. Location: Adjacent to
34614 Sterling Highway.
4. Resolution 2018-23. Public hearing on a conditional land ............................ 99
use permit application for material extraction on a parcel in
Anchor Point. Applicant / Landowner: Beachcomber, LLC.
Parcel #169-010-67. Legal Description: Tract B, McGee Tracts -
Deed of Record Boundary Survey (Plat 80-104) -Deed recorded
in Book 4, Page 116, Homer Recording District. Location:
Adjacent to 34614 Sterling Highway.
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18)
H. VACATIONS NOT REQUIRING A PUBLIC HEARING -None
I. SPECIAL CONSIDERATIONS -None
35
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee will review 5 preliminary plats.
K. OTHER/NEW BUSINESS
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
0. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Kenai Planning & Zoning Commission Minutes ................................................................ 128
-June 13, 2018
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday,
August 13, 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 MEETING DATE TIME COMMISSION LOCATION
Anchor Point Anchor Point Chamber of TBD 7:00 p.m. Commerce
Cooper Landing Cooper Landing July 11, 2018 6:00 p.m . Community Hall Auqust 4, 2018
Moose Pass Moose Pass Community TBD 6:30 p.m. Hall
Hope I Sunrise Hope TBD 6:00 p.m . Social Hall
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.
36
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
37
MEMBERS
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
AL TERNA TES:
Virginia Morgan
PC Member
East Peninsula
Term Expires 2019
Paul Whitney
PC Member
City of Soldotna
Term Expires 2020
144 N. Binkley Street, Soldotna, Alaska 99669 • (907) 714-2200 • (907) 714-2378 Fax
July 16, 2018
6:30 p.m.
Assembly Chambers
George A. Navarre Kenai Peninsula
Borough Administration Building
A. CALL TO ORDER
B.
c.
D.
ROLL CALL
APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
3. Minutes
a. June 25, 2018 Plat Committee Minutes
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. Piper's Haven 2018 Replat .............................................................................................. 2
KPB File 2018-055
[Peninsula Surveying/ Estate of Roy L. Morris]
Location: Off Cloyds Rd & Emily Ct
Anchor Point APC
2. Landess Subdivision No. 3 ........................................................................................... 25
KPB File 2018-060
[Tinker Creek/ Landess]
Location: Off Bunno Rd, Sterling
3. Sunville Acres Addition No. 2 ..................................................................................... 38
KPB File 2018-063
[Mclane/ Consolidated Development & Management, LLC]
Location: Off Virginia Dr., Kalifornsky
4. Lindsey Reader Subdivision and Associated Right of Way ............................ 54
38
Easement Vacation
KPB File 2018-064
[Mclane/ Shield]
Location: Off Miller Loop, Nikiski
5. North Kenai Subdivision 2018 Addition ................................................................. 70
KPB File 2018-065
[Johnson I Church]
Location: Off Monique Ave & Island Shore St., Nikiski
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. OTHER I 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, August 13,
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
39
40
42
43
MEMORANDUM OF AGREEMENT BETWEEN
THE KENAI PENINSULA BOROUGH AND MUNICIPALIES OF HOMER,
KACHEMAK, KENAI, SELDOVIA, SEWARD, AND SOLDOTNA FOR
THE PURPOSE OF ESTABLISHING A MULTI-JURISDICTIONAL TEAM
TO REVIEW HAZARD MITIGATION PLANS AFFECTING THE
BOROUGH
This Memorandum of Agreement (MOA) is by and between the Kenai Peninsula Borough,
whose address is 144 North Binkley Street, Soldotna, AK 99669, hereinafter “Borough,” and the
participating borough municipalities of Homer, Kachemak City, Kenai, Seldovia, Seward and
Soldotna, hereinafter “Cities,” whose addresses are included on the signatory page below, for the
purpose of providing representation and participation on a multi-jurisdictional review team for
consistency and synchronized plan submission deadlines as described below.
WHEREAS, the Borough updates the Hazard Mitigation Plan (HMP) every five years in
accordance with the Title 44 Code of Federal Regulations Part 201.6 (hereinafter 44 CFR
§201.6) and approved by the U.S. Department of Homeland Security, Federal Emergency
Management Agency Region X (hereinafter FEMA); and
WHEREAS, Local Hazard Mitigation Plans (LHMP) are specific to individual Cities’ hazards
and mitigation projects; and
WHEREAS, the LHMP process is completed in accordance with 44 CFR §201.6 and approved
by FEMA; and
WHEREAS, the Borough adopts each City’s LHMP by way of resolution to be included as
annexes to the Borough HMP;
NOW THEREFORE, the Borough and Cities agree to actively participate as members of a
multi-jurisdictional review team to ensure the following outputs are completed:
A. Members shall set up a monthly meeting schedule to update the HMP and annexes as well as
complete changes as recommended throughout the state and FEMA review processes.
B. The team will work together to review shared plan products, elements or mitigation actions
as an effort to reduce costs, eliminate duplication or identified redundancy.
C. The team shall establish deadlines for Cities to update their individual annex to the HMP.
D. Cities electing to complete a LHMP agree to align their update process with the Borough’s
timeline for the purpose of being a current annex of the HMP.
44
E. Each City agrees to complete its individual LHMP update based upon its local hazards and
identified mitigation actions in accordance with FEMA regulations on or before the deadline
as established by the review team.
F. After the HMP has been approved by FEMA, the team will set up a regular meeting schedule
continuing through the duration of the adopted HMP plan to evaluate plan actions, to
complete shared mitigation projects affecting multi-jurisdictional boundaries and to prepare
for the next update cycle.
G. This MOA becomes effective upon the last date of signing, and shall continue from year to
year for the purpose of completing annual action items as described in Sections A - F. This
agreement must be amended in writing and signed by all parties.
KENAI PENINSULA BOROUGH
By:_________________________________
Charlie Pierce, Mayor
Approved as to Form and Legal Sufficiency:
(Borough Seal) Colette Thompson, Borough Attorney
The foregoing instrument was acknowledged before me this ___ day of
, 2018, by Charlie Pierce, Mayor of the Kenai Peninsula Borough, an Alaska municipal
corporation, on behalf of the Kenai Peninsula Borough.
___________________________________
NOTARY PUBLIC for State of Alaska
My Commission Expires: ____________
(Notary Seal)
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
45
CITY OF HOMER
By:_________________________________
Katie Koester, City Manager
The foregoing instrument was acknowledged before me this ___ day of
, 2018, by Katie Koester, Manager of the City of Homer, an Alaska municipal
corporation, on behalf of the corporation.
___________________________________
NOTARY PUBLIC for State of Alaska
My Commission Expires: ____________
(Notary Seal)
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
46
CITY OF KACHEMAK
By:_________________________________
William Overway, Mayor
The foregoing instrument was acknowledged before me this ___ day of
, 2018, by William Overway, Mayor of the City of Kachemak, an Alaska municipal
corporation, on behalf of the corporation.
___________________________________
NOTARY PUBLIC for State of Alaska
My Commission Expires: ____________
(Notary Seal)
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
47
CITY OF KENAI
By:_________________________________
Paul Ostrander, City Manager
The foregoing instrument was acknowledged before me this ___ day of
, 2018, by Paul Ostrander, Manager of the City of Kenai, an Alaska municipal
corporation, on behalf of the corporation.
___________________________________
NOTARY PUBLIC for State of Alaska
My Commission Expires: ____________
(Notary Seal)
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
48
CITY OF SELDOVIA
By:_________________________________
Cassidi Little, City Manager
The foregoing instrument was acknowledged before me this ___ day of
, 2018, by Cassidi Little, Manager of the City of Seldovia, an Alaska municipal
corporation, on behalf of the corporation.
___________________________________
NOTARY PUBLIC for State of Alaska
My Commission Expires: ____________
(Notary Seal)
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
49
CITY OF SEWARD
By:_________________________________
James Hunt, City Manager
The foregoing instrument was acknowledged before me this ___ day of
, 2018, by James Hunt, Manager of the City of Seward, an Alaska municipal corporation,
on behalf of the corporation.
___________________________________
NOTARY PUBLIC for State of Alaska
My Commission Expires: ____________
(Notary Seal)
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
50
CITY OF SOLDOTNA
By:_________________________________
Stephanie Queen, City Manager
The foregoing instrument was acknowledged before me this ___ day of
, 2018, by Stephanie Queen, Manager of the City of Soldotna, an Alaska municipal
corporation, on behalf of the corporation.
___________________________________
NOTARY PUBLIC for State of Alaska
My Commission Expires: ____________
(Notary Seal)
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
51
Sign Code
August 8, 2018
FY19 Planning and Zoning Department Goal #4
Goal #4. Review and update Kenai Municipal Code related to signs.
Objective: Improve clarity of ordinances and code addressing signs in
the City.
Measure: Start the sign code review process in the second half of
FY2019, with an initial focus on Kenai Municipal Code Section
14.20.220-Signs.
Why Update the Sign Code?
The court unanimously found that placing limits on temporary
directional signs that were more stringent than these other types
of temporary signs was a content-based regulation of speech—a
violation of the First Amendment.
(Taken from International Sign Association website)
Content -Based Regulations
Because the ordinance at issue in Reed had different size, height and duration requirements for political signs than it did for signs providing directions to an assembly or other event, the Court concluded it was “content based” and therefore subject to “strict scrutiny.” (Taken from www.smwlaw.com)
An ordinance that allows “political” signs to be twelve square feet, but limits “temporary directional signs” to six square feet, is content-based. So is an ordinance that prohibits signs without a permit, but provides an exception to this permit requirement for historical markers, real estate signs, address signs, etc. .” (Taken from www.smwlaw.com)
Signs may still be regulated based on size, material, location, and duration
KMC 14.20.220 Signs
•Breaks sign permits into Residential
Zones (RR, RS, RR-1, RS-1, RS-2, TSH),
Commercial/Industrial/Education Zones
(CC, CG, IL, IH, ED),
Limited Commercial Zone (LC),
Conservation Zone (C), Central Mixed
Use Zone (CMU)
•Gives specifications for allowed signs
not requiring a permit, allowed signs
requiring a permit, prohibited signs
within these zoning district groups
Kenai Sign Code Issues
Many places in the KMC Sign Code are content-based. For instance, separate regulations for political signs, construction signs, holiday decorations, real estate signs.
No intent or objectives
Needs modernization to address lighting from signs
More clearly addresses sandwich board signs
Better application form and enforcement process may be implemented with an easier to understand and legal sign code
Goals
•Work with the community to obtain appropriate guidance from
residents and businesses
•Make the Code easy to interpret
•Make the Code enforceable
•Make the Code legal (no content-based regulation)
•Create appropriate standards for different categories of signs in
different areas of the City of Kenai
Process
•Review model sign codes and what has been done in similar
communities
•Throw out existing Sign Code and start totally new
•Create a template/rough format for the new sign code
•Communicate with business, citizens, and the media about the sign
code update
•Address topics/issues individually to fill in the details of the sign code
regulations
•Roll out new sign code and a new sign code permit application form
Thing to Think About
•Temporary vs. Permanent Signs
•Commercial vs. noncommercial speech signs
•Temporary Sign Issues
•Seasonal regulation—different rules for summer months?
•Consider allowing off-premise temporary signs?
•Avoid prohibiting all signs in right-of-way ---work with the State of Alaska on
a Memorandum of Agreement allowing some signs in the right-of-way
•Lighting
Source: Sign Research Foundation, Best Practices in Regulating
Temporary Signs
Temporary Signs, Signs in the Right-of-Way
Banners and Flags
Lighted Signs
Air-Activated Signs
Research and Ideas –Soldotna Sign Code Update
Research and Ideas –American Planning Association
Research and Ideas –International Sign Association