HomeMy WebLinkAbout2019-03-13 Planning & Zoning PacketAGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
MARCH 13, 2019 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
www.kenai.city
1.ALL 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.February 27, 2019………………………………………………………………………………1
3.SCHEDULED PUBLIC COMMENT
(Public comment limited to ten (10) minutes per speaker)
4.UNSCHEDULED PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
5.CONSIDERATION OF PLATS - None
6.PUBLIC HEARINGS
a.Resolution PZ2019-04 – Application for an Encroachment Permit for an Existing
Single-Family Residence Side Yard Setback for the property located at 2730 VIP Drive,
Kenai, Alaska, 99611, and further described as Lot 12, Block 3, VIP Ranch Estates
Subdivision Part One. The application was submitted by Tom Campanella, 2730 VIP
Drive, Kenai, Alaska 99611……………………………………………………………………9
b.Resolution PZ2019-07 – Application for a Conditional Use Permit to operate a Bed and
Breakfast and Guide Service located at 1555 Angler Drive, Kenai, Alaska 99611, and
further described as Lot 31, Block 1, Anglers Acres Subdivision Part 2. The application
was submitted by Evan and Kathy Harding, 1555 Angler Drive, Kenai, Alaska
99611…………………………………………………………………………………………...21
7. UNFINISHED BUSINESS -None
8 . NEW BUSINESS -None
9. PENDING ITEMS -None
10. REPORTS
a. City Council ................................................................................................. 39
b. Borough Planning ......................................................................................... 43
c. Administration
11. ADDITIONAL PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
12. INFORMATIONAL ITEMS
13. NEXT MEETING ATTENDANCE NOTIFICATION -March 27, 2019
14. COMMISSION COMMENTS AND QUESTIONS
15. ADJOURNMENT
AGENDA
KENAI PLANNING & ZONING COMMISSION -REGULAR MEETING
MARCH 13, 2019 -7 :00 P.M .
Page 2 of 2
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
FEBRUARY 27, 2019 – 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 D. Fikes, R. Springer, G.
Greenberg, T. McIntyre, J. Halstead, V. Askin
Commissioners absent:
Staff/Council Liaison present: City Planner E. Appleby, Deputy City Clerk J. LaPlante, City
Attorney S. Bloom, City Clerk J. Heinz, Planning Dept.
Assistant W. Anderson, Council Liaison B. Molloy
A quorum was present.
c. Agenda Approval
Chair Twait noted the following revisions to the packet:
Add to item 6.a. Resolution No. PZ2019-04
x Correction of Map
Add to item 6.b. Resolution No. PZ2019-01
x Staff Memorandum
x Six Emails in Support of Resolution
x Kenai Police Dispatch Call Records
MOTION:
Commissioner Halstead MOVED to approve the agenda with the revisions noted and
Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED.
d. Consent Agenda
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City of Kenai Planning and Zoning Commission
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MOTION:
Commissioner Springer 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.
2. *APPROVAL OF MINUTES – January 23, 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 PZ2019-04 – Application for an Encroachment Permit for an Existing Single-
Family Residence Side Yard Setback for the property located at 2730 VIP Drive, Kenai,
Alaska, 99611, and further described as Lot 12, Block 3, VIP Ranch Estates Subdivision
Part One. The application was submitted by Tom Campanella, 2730 VIP Drive, Kenai,
Alaska 99611
The City Planner reviewed the staff report as provided in the meeting packet and specifically
noted the as-built survey disclosed the attached garage on the single-family residence
encroached into the side yard setback. She added that in 2009 a building permit was issued to
enclose the carport and there was an error in measurements or development of the site plan.
The City Planner noted that there was a clerical error in the notices for this action, and to allow
proper notice with correct information, it was recommended this item be postponed to the next
meeting for the purpose of holding another public hearing.
The City Planner summarized that the applicant met the criteria for issuance of an Encroachment
Permit set forth in the Kenai Municipal code, subject to the following conditions:
x Applicant must comply with all federal, State of Alaska, and local regulations; and
x Pursuant to KMC 14.20.185(g), this permit shall expire automatically upon termination or
interruption of the use; damage to the building, structure, or object which makes it
uneconomic to repair the building, structure, or object; or, the expiration of the useful life
of the building, structure, or object, whichever comes first.
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City of Kenai Planning and Zoning Commission
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MOTION:
Chair Twait MOVED to postpone Resolution No. PZ2019-04 to the next Commission Meeting on
March 13 to allow proper notice with corrections, and Commissioner Halstead SECONDED the
motion. There being no objection; SO ORDERED.
b. Resolution PZ2019-01 – Application for a Conditional Use Permit to operate a Boarding
House located at 160 Phillips Drive, Kenai, Alaska 99611, and further described as Lot
9, Block 8, Valhalla Heights Subdivision Part 3. The application was submitted by Perry
and Sheryl Neel, P.O. Box 1075, Kasilof, Alaska 99610
The City Planner reported that staff found the applicant meets the criteria for issuance of a
conditional use permit and recommended approval of the application for the use of a boarding
house, subject to the following conditions:
x Applicant must comply with all federal, State of Alaska, and local regulations;
x Applicant will file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.150(f) prior to the 31st day of December of each year;
x Applicant will include a copy of the house rules as part of their annual Conditional
Use Permit report to the City;
x Applicant will report the number of residents living on the property and the typical
number of vehicle kept on the property as part of their annual Conditional Use Permit
report to the City;
x No more than five people may live in the boarding house at any given time (the
number of people includes both the caretaker and paying residents); and
x The residence, driveway, and yard must be kept neat in appearance.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ2019-04 and Commissioner Askin
SECONDED the motion.
Chair Twait opened the floor for public testimony.
Perry Neel, owner, explained that he was a part of the Wildwood prison ministry team and a
mentor in the re-entry program to transition inmates back into society. He noted that there was an
ongoing need for transition programs for people being released from prison. Mr. Neel added he
and his wife purchased the home in 2011 with the intent to offer it as a means for transition, with
rules in place. The home had been used for this type of assistance since 2012 as he was unaware
he needed a conditional use permit. He clarified that there were five bedrooms, six beds, and
Mika Reems was the current house manager, offering supervision on behalf of the owners,
enforcing house rules, and the residents were to remain in compliance with their conditions for
release. He further noted they have a weekly bible study, a potluck the evening of fellowship, and
are required to show positive efforts of moving forward.
Virginia Turner expressed opposition to the application noting she was a former correctional
officer, and did not feel comfortable living there. She added t hat she wanted the owner or manager
onsite 100 percent of the time.
Charles Ray Reeves, expressed gratitude to owners’ efforts to help but opposed the location of
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City of Kenai Planning and Zoning Commission
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the current halfway/boarding house. He further noted he backed out of the purchase of the
property based on the interactions he has had with those that live in the halfway/boarding house.
Craig Thomsen expressed gratitude toward the owners’ efforts, but opposed the house in this
neighborhood. Mr. Thomsen read from the Kenai Municipal Code about intent of a Rural
Residential zone. He noted that this type of home use was in violation of residential code,
depreciated the value of his home, and affected his health and safety. He recommended that the
City Planner speak to patrol officers regarding the call volume and response times to that house.
Jeff Landrum spoke in support of the Conditional Use Permit noting he was a former inmate. He
expressed appreciation to the owners and their help in his transition. He noted he was in the
house for 7 months; the home was clean, safe and a proactive environment; it was a well-
organized and faith-based home; and the manager was there continually, very interactive with the
residents. Mr. Landrum stated he was now a foreman electrician, and Mr. Neel’s house was an
instrumental part of his recovery.
Mika Reems spoke in support of the application and reported that he moved in, in July 2017. He
explained that he worked a part-time job, made regular contact with each resident of the house
each day, there were strict rules in place that had to be followed, and parole officers stopped by
for random check-ins. Mr. Reems added that he saw a positive transition of people at the house
leaving as a productive citizen on their own.
Cathy Campbell expressed concern with this type of housing and questioned if staff had
substance abuse training or similar to meet the potential need in an emergency. She further
expressed concern with living in a neighborhood with this type of housing.
Jake Gibbs spoke in support of the permit stating he managed the house, full-time, from
approximately May 2013 to February 2018. He added that it was a safe place for men in need
that offered hope, compassion, positive encouragement and a second chance.
Cheryl Russell spoke in opposition of the application, noting there was increased drug use in that
neighborhood, and she had concern for the incoming families with young children moving to that
area.
Tim Barber spoke in support of the permit and expressed appreciation of the efforts by Mr. Neel
and his wife. Mr. Barber explained he was not in prison but moved to Kenai from Virginia with
nowhere to live and Mr. Neel offered him this home and gave him a chance to go in the right
direction, and obtain a good job. Mr. Barber noted the owners care about the residents and he
was thankful for what they do. He added that he had seen a few residents return to Wildwood,
but this was an opportunity for a second chance to those that wanted positive change.
Loretta Pierce spoke in opposition of a boarding house and noted that she did not know it was
already acting as one. Ms. Pierce expressed concern with conditional use permit applicants only
receiving minimal reprimand for not having one in place. She stated she wanted the missed
conditional use permits to be looked into and receive penalty. Ms. Pierce added that the
neighborhood had much more foot traffic.
Ed Marsh spoke in support of the owners’ efforts and supported the boarding house. He explained
that he had been carrying the Alcoholics Anonymous message at the prison for several years and
was a part of the Kairos Prison Ministry. He stated that the path of least resistance is drugs and
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City of Kenai Planning and Zoning Commission
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alcohol. Mr. Marsh noted the need for a place to transition from prison and a positive environment
for change.
Michael Lavelly spoke in support of the permit. He expressed understanding to the public
concerns about not wanting places like a boarding house, or a daycare, or similar businesses in
in their neighborhoods even though it is agreed there is need. He clarified that, though he was a
member of Kairos Prison Ministry, he had been to jail and homeless in his life and without
compassionate people like Mr. Neel and his wife, these men would have little chance for change.
Alison Bushnell, Housing Specialist at Love Inc., spoke in support of the application and stated
that one of biggest struggles they face is housing. She noted that this house has helped with
struggles of homelessness or men transitioning from prison needing placement. Ms. Bushnell
stated Mr. Neel, his wife and this house was an asset to community. She clarified it was not built
to be a typical emergency shelter; it offered a home and accountability with the lease contract.
Jennifer Thomsen thanked the owners for their efforts but expressed concern about the lack of
municipal code controlling this specific type of house and the limitations in the future and potential
increase of these types of houses, interrupting rural harmony.
Grant Shuman spoke in support of the application and stated he lived in the house. He expressed
gratitude for the life change that could not have been possible without the love, support, and home
by the owners. He noted he was introduced by Love, Inc. and clarified there was no specific
process to be eligible to live in the house.
Dennis Murray expressed support for the application and noted it was not for profit work, it was
mission work. He noted that it sounded like there were more problems and increased concern in
the neighborhood due to the undeveloped lots. He added that he hopes to see the
community/neighborhood work together to help these people. Mr. Murray pointed out that there
was a Freedom House for women in Soldotna and another home similar for men being opened in
Soldotna. He suggested that this was not a halfway house.
Clyde Crandall spoke in support of the permit and stated he was a Kairos Prison Ministry member
and a part of the ministry for five years. He stated he has had many dealings with the house
transition program and helped establish rules at the home. Mr. Crandall noted the owners were
helping fulfill a need in the community; not for profit. He added that he deals with the residents
regularly to make a positive difference in their lives and the community. He added that he
supported building more if it was an option.
There being no one else wishing to be heard, public comment was closed.
Perry Neel clarified that the back-up plan, in the absence of a house manager, was the longest
resident/senior in the house. Mr. Neel noted that there was approximately six months without a
house manager, and he was there more often and the senior resident helped.
Clarification was provided regarding the vetting process, which included contact by Love, Inc.,
probation officers, or homeless people recommended by Love, Inc. Mr. Neel noted they now ask
about mental stability, and if a sex offender to ensure they are registered but does not
discriminate. He further clarified that there was no curriculum, other than bible study and it was
not a halfway house. He added that he would be open to do background check on a homeless
person that has no history from Wildwood or parole officer.
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March 13, 2019
City of Kenai Planning and Zoning Commission
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MOTION TO AMEND:
Commissioner Springer MOVED to amend Condition No. 5 to say, “No more than six people, to
include on-site manager…”; Commissioner Halstead SECONDED the motion.
It was noted that parking spaces should meet Kenai Municipal Code requirements with the
number of people in the home.
VOTE ON THE AMENDMENT:
YEA: Twait, Askin, Halstead, Greenberg, Fikes, Springer
NAY: McIntyre
MOTION PASSED.
MOTION TO AMEND:
Commissioner Springer MOVED to amend the conditions to include an annual building inspection
by the City to confirm it is a safe living environment and Commissioner Askin SECONDED the
motion.
VOTE ON THE AMENDMENT:
YEA: Askin, McIntyre, Greenberg, Fikes, Springer, Twait
NAY: Halstead
MOTION PASSED.
MOTION TO AMEND:
Commissioner McIntyre MOVED to add a Condition 8. Parking spaces be provided in accordance
with Kenai Municipal Code regulated parking for a boarding house, and Commissioner Fikes
SECONDED the motion.
There was discussion regarding the ability to defer from municipal code requirements.
Commissioner Fikes noted she found that the conditions were met, she agrees with an annual
inspection and would be voting in favor.
The City Planner reiterated that the house rules were provided in the application and a required
condition of approval.
It was clarified that State statute requires that the location of sex offenders be made known and
that there was a State website, tracking the locations of sex offenders.
Chair Twait noted the fact that the house had been operating for 6 years and, if approved, would
have more requirements in place; he would be voting in favor.
Commissioner Greenberg agreed that it could be uncomfortable for neighbors but the business
practices were focused on and it aligned with the requirements of a conditional use permit; he
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March 13, 2019
City of Kenai Planning and Zoning Commission
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would be voting in favor.
VOTE ON THE AMENDMENT:
YEA: Askin, McIntyre, Greenberg, Fikes, Springer, Twait, Halstead
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN MOTION AS AMENDED:
YEA: Askin, Springer, Halstead, McIntyre, Fikes, Twait, Greenberg
NAY:
MOTION PASSED UNANIMOUSLY.
Chair 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 Molloy reviewed the action agenda from the January
16 and February 6 City Council Meetings and two work sessions. He specifically noted
Council and Administration met with Capital Management Partners to discuss the
Permanent Fund. He clarified the Bowling Alley and its balloon payment has been
ongoing discussion. U-Haul purchased the old Lowes building but plans and revenues
to the City of Kenai are unknown.
b. Borough Planning – Vice-Chair Fikes reported the Commission met on February 25
and approved an Ordinance for a Memorandum of Understanding (MOU) between the
State of Alaska, Department of Transportation and Kenai Peninsula Borough regarding
the Kenai escape route; there was a public hearing that approved a land use permit for
gravel extraction, noting it was a second time around, as there was concern regarding
the requirements for berms around the property.
c. Administration – City Planner Appleby reported on the following:
x She provided the January 2019 Report in the packet; and
x Tomorrow is release date for draft EIS to be released for the Alaska LNG Project.
11. ADDITIONAL PUBLIC COMMENT
Virginia Turner suggested working together to develop a section in Code for the future that clarifies
the difference between private property and a true boarding house.
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March 13, 2019
City of Kenai Planning and Zoning Commission
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Charles Reeves inquired about the Bowling Alley and purpose for the old Lowes Building. He
thanked the Commission for the discussion.
12. INFORMATIONAL ITEMS
a. January 2019 Planning and Zoning Department Report City of Kenai Bicycle Friendly
Community Report Card
13. NEXT MEETING ATTENDANCE NOTIFICATION – March 13, 2019
City Planner noted she planned on work sessions prior to regular meetings until the summer.
14. COMMISSION COMMENTS & QUESTIONS
Commissioner thanked the public for their attendance and testimony.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 10:07 p.m.
Minutes prepared and submitted by:
____________________________
Jacquelyn LaPlante
Deputy City Clerk
Page 8 of 48
March 13, 2019
City of Kenai Planning and Zoning Commission
STAFF REPORT
To: Planning & Zoning Commission
Date: February 27, 2019
Subject: Resolution PZ2019-04 – Encroachment Permit
GENERAL INFORMATION
Applicant:Tom Campanella
2730 VIP Drive
Kenai, Alaska 99611
Requested Action:Encroachment Permit
Legal Description:Lot 12, Block 3, VIP Ranch Estates Subdivision Part One
(1)
Property Address:2730 VIP Drive
KPB Parcel No:04940013
Lot Size:42,253 square feet (0.97 acres)
Existing Zoning:Rural Residential (RR)
Current Land Use:Single Family Dwelling
Land Use Plan:Low Density Residential
ANALYSIS
The applicant submitted an application for an encroachment permit because an as-built survey
prepared on January 19, 2019, discloses that the attached garage for the single-family residence
located on the premises encroaches into the side yard setback. The Rural Residential (RR) Zone
requires a fifteen foot (15’) side yard setback, as set forth in Kenai Municipal Code (KMC) 14.24
Development Requirements Tables. The as-built survey shows the garage to be located 10.3 feet
from the property line. The garage encroaches into the side yard setback on the southern
boundary of the property.
A single-family residence, including a carport, was constructed in 1977 on the property. The
carport was enclosed in 2008. On May 26, 2009, a building permit was issued to the applicant for
an addition to the carport. The site plan submitted with the application for the building permit
indicated that the carport met the side yard setback requirement for the Rural Residential Zone.
It appears that there was an error in measuring the distance from the property line during
construction of the addition to the carport.
Page 9 of 48
March 13, 2019
City of Kenai Planning and Zoning Commission
PZ2019-04 Staff Report Page 2
KMC 14.20.185(a)(b)(c) details the definition, intent, and permit application process for
encroachment permits. City staff deemed the application to be complete and the City is in receipt
of the application fee. Pursuant to KMC 14.20.280, Public hearing and notifications, City staff
published notice of the public hearing twice in the Peninsula Clarion, sent notification to real
property owners within three-hundred-feet (300’) of the affected parcel, and the applicant posted
notice of the application for an encroachment permit on the parcel.
The intent of an encroachment permit is to relax development requirements to remedy
encroachments and nonconforming uses which satisfy the requirements of financial institutions
and which do not fall under KMC 14.20.050, Nonconforming lots, structures, and uses. KMC
14.20.185(d) Encroachment Permits Review Criteria states four conditions that the Planning and
Zoning Commission must deem to exist when establishing findings prior to issuing an
encroachment permit:
x KMC 14.20.185(d)(1) An encroachment as defined in subsection (a) exists.
Condition Exists: Subsection (a) defines an encroachment as any object or structure
above or below ground and constructed or located in a manner other than set forth in the
Development Requirements Table. The garage was constructed above ground and into
the side yard setback as set forth in KMC 14.24 Development Requirements Table and
an encroachment exists.
x KMC 14.20.185(d)(2) The encroachment does not encroach upon a Federal, State or
City right-of-way or utility easement.
Condition Exists: The structure faces VIP Drive, a City-maintained road. The utility
easements are located within the front ten feet (10’) of the property line adjacent to the
right-of-way for VIP Drive. Therefore, the structure does not encroach onto a right-of-way
or utility easement.
x KMC 14.20.185(d)(3) The issuance of the encroachment permit will not authorize a use
which is a not a principal permitted use in the zoning district in which the property is
located.
Condition Exists: A single-family dwelling, defined as a building or any portion thereof
designed for residential occupancy with one dwelling unit, is a principal permitted use in
the Rural Residential Zone. Accessory buildings are considered part of the main building
when connected by a common wall, as is the case with the attached garage.
x KMC 14.20.185(d)(4) The encroachment is not located across a platted lot line.
Condition Exists: The encroachment does not cross a platted lot line.
Building Official Comments: There is sufficient separation from the property line and no changes
in construction will be required.
RECOMMENDATIONS
City staff find that the applicant meets the criteria for issuance of an Encroachment Permit as set
forth in subsections (d)(1) through (d)(4) of Kenai Municipal Code 14.20.185, and hereby
recommends that the Planning and Zoning Commission approve the encroachment permit
application, subject to the following conditions:
Page 10 of 48
March 13, 2019
City of Kenai Planning and Zoning Commission
PZ2019-04 Staff Report Page 3
1. Applicant must comply with all federal, State of Alaska, and local regulations.
2. Pursuant to KMC 14.20.185(g), this permit shall expire automatically upon termination or
interruption of the use; damage to the building, structure, or object which makes it
uneconomic to repair the building, structure, or object; or, the expiration of the useful life
of the building, structure, or object, whichever comes first.
ATTACHMENTS
A. Resolution No. PZ2019-04
B. Encroachment Permit Application
C. As-built
D. Map
Page 11 of 48
March 13, 2019
City of Kenai Planning and Zoning Commission
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City of Kenai Planning and Zoning Commission
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March 13, 2019
City of Kenai Planning and Zoning Commission
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City of Kenai Planning and Zoning Commission
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City of Kenai Planning and Zoning Commission
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March 13, 2019
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VIP Ranch Estates
Part 1
BALEEN AVENUEVIP DRIVEPage 19 of 48
March 13, 2019
City of Kenai Planning and Zoning Commission
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Page 22 of 48
March 13, 2019
City of Kenai Planning and Zoning Commission
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significantly impaired.
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Kenai City Council Meeting Page 1 of 3
March 6, 2019
ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
MARCH 6, 2019 – 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 casetheitem
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.ADOPTED UNANIMOUSLY AS AMENDED.Resolution No. 2019-14 – Authorizing
the City Manager to Enter into an Amended Restaurant Concession Agreement for the
Kenai Municipal Airport. (Administration)
E. MINUTES
1.APPROVED BY THE CONSENT AGENDA.*Work Session Summary of February 20,
2019
2.APPROVED BY THE CONSENT AGENDA.*Regular Meeting of February 20, 2019
F. UNFINISHED BUSINESS
1.ENACTED UNANIMOUSLY AS AMENDED.Ordinance No. 3048-2019 – Amending
Kenai Municipal Code Chapter 5.25, Mobile Food Vendors, to Revise Application
Requirements, License Terms, and Business Conduct Requirements and Make Other
Housekeeping Amendments. (City Clerk)
[Clerk’s Note: During the 02/06/19 Meeting, this Item was Postponed to This Meeting;
a Motion to Enact is On the Floor.]
x Substitute Ordinance No. 3048-2019
Page 39 of 48
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City of Kenai Planning and Zoning Commission
Kenai City Council Meeting Page 2 of 3
March 6, 2019
G. NEW BUSINESS
1.APPROVED BY THE CONSENT AGENDA.*Action/Approval – Bills to be Ratified.
(Administration)
2.REMOVED FROM THE AGENDA.*Action/Approval – Purchase Orders Exceeding
$15,000. (Administration)
3.INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 3/20/19.
*Ordinance No. 3054-2019 – Accepting Drug Seizure Funds Forfeited to the City in
the Amount of $2,153.52 and Appropriating those Funds into the Police Professional
Services Account in the Furtherance of Criminal Investigations. (Administration)
4.INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 3/20/19.
*Ordinance No. 3055-2019 – Accepting and Appropriating a Scholarship from the
Alaska Association of Municipal Clerks for Employee Travel and Training.
(Administration)
5.INTRODUCED/REFERRED TO PLANNING & ZONING/PUBLIC HEARING SET
FOR 4/03/19.*Ordinance No. 3056-2019 – Amending Kenai Municipal Code
14.22.010-Land Use Table, to Allow Business/ Consumer Services and
Taxidermy/Gunsmithing in RR1 Zoning District by Conditional Use Permit and
Removing the Location Restriction on Professional Offices Allowed by Conditional Use
Permit Within the RR1 Zone. (Council Members Peterkin & Glendening)
6.APPROVED UNANIMOUSLY.Action/Approval – Special Use Permit to Kenaitze
Indian Tribe for Snow Storage. (Administration)
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)
Page 40 of 48
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City of Kenai Planning and Zoning Commission
Kenai City Council Meeting Page 3 of 3
March 6, 2019
2. Council Comments
L. EXECUTIVE SESSION
M. PENDING ITEMS –None.
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review
2. Kenai Historical Society Newsletter – February 2019
The agenda and supporting documents are posted on the City’s website at www.kenai.city.
Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council
Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at
907-283-8231.
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City of Kenai Planning and Zoning Commission
144 N. Binkley Street, Soldotna, Alaska 99669 (907) 714-2200 (907) 714-2378 Fax
Office of the Borough Clerk
Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building
Paulette Bokenko-Carluccio – City of Seldovia • Jeremy Brantley – Sterling
Blair Martin – Kalifornsky Beach • Paul Whitney – City of Soldotna
Alternates: Virginia Morgan – East Peninsula
Plat Committee Tentative Agenda
March 11, 2019
7:00 p.m.
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
3. Minutes
a. February 25, 2019 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. Spur Vista Subdivision 2019 Replat
KPB 2019-006 [Segesser Surveys / Bolstridge]
Location: on Josiah Spurr Court and Kalifornsky Beach Road, Kalifornsky
2. Seward Original Townsite Petersen Replat
KPB 2019-011 [Johnson Surveying / Petersen]
Location: on Third Avenue, off Monroe Street, City of Seward
3. Herrin Subdivision 2019 Addition
KPB File 2019-012 [Johnson Surveying / Koberstein]
Location: On Lost Street and Blithe Court, Cohoe
F. FINAL SUBDIVISION PLAT PUBLIC HEARING - None
G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED
I. ADJOURNMENT
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City of Kenai Planning and Zoning Commission
Plat Committee Tentative Agenda March 11, 2019
Page 2
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, March 25, 2019 in the Betty J. Glick
Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building,
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 44 of 48
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City of Kenai Planning and Zoning Commission
144 N. Binkley Street, Soldotna, Alaska 99669 (907) 714-2215 (907) 714-2378 Fax
Office of the Borough Clerk
Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building
Max J. Best, Planning Director • Charlie Pierce, Borough Mayor
Blair Martin, Chairman – Kalifornsky Beach • Robert Ruffner, Vice Chairman – Kasilof/Clam Gulch
Dr. Rick Foster, Parliamentarian – Southwest Borough • Syverine Abrahamson-Bentz – Anchor Point/Ninilchik
Jeremy Brantley – Sterling • Paulette Bokenko-Carluccio – City of Seldovia • Cindy Ecklund – City of Seward
Robert F. Ernst – Northwest Borough • Diane Fikes – City of Kenai • Virginia Morgan – East Peninsula
Franco Venuti – City of Homer • Paul Whitney – City of Soldotna
Planning Commission Tentative Agenda
March 11, 2019
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 - None
*4. Plats Granted Final Approval (20.10.070) - None
*5. Plat Amendment Request - None
*6. Utility Easement Vacations - None
*7. Commissioner Excused Absences
a. Robert F. Ernst, Northwest Borough
b. Vacant, Ridgeway
*8. Minutes
a. February 25, 2019 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.)
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City of Kenai Planning and Zoning Commission
Planning Commission Tentative Agenda March 11, 2019
Page 2
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1. Public hearing on a Limited Marijuana Cultivation Facility license in the Nikiski area to
provide comment to the State of Alaska. Applicant: AK Gold, LLC. Landowner: Mark F.
Powell. Parcel Number: 015-010-57. Property Description: Lot 1, Swanson Alaska
Subdivision, Waggoner / Powell Replat, according to Plat 2005-85, Kenai Recording
District. Location: 46657 Kenai Spur Hwy.
2. Ordinance 2019-__, Amending KPB 21.45.040 Zoning a 160-Acre Parcel Creating the
Murwood South Single Family Residential R-1 Local Option Zoning District.
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18)
1. Resolution 2019-09; A Conditional Use Permit (CUP) to replace an existing golf cart
bridge with a new bridge and golf cart path within the 50-foot Habitat Protection
District of an unnamed anadromous stream (Anadromous Waters Catalog #244-30-
10010-2007). This project is located on both banks of the unnamed anadromous
stream PNT GLS 1, 2, 3, & 4 Per Lse Amds 395-749 & 395-754 excluding Five Irons
Heights Subdivision, Section 3, Township 5 North, Range 11 West, City of Kenai,
Seward Meridian, Kenai Peninsula Borough, Alaska. Parcel: 049-382-16. Applicant: City
of Kenai, Parks and Rec Department
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS
1. Time Extension Request
Epperheimer Subdivision
KPB File 2015-036 [No Surveyor / Epperheimer]
Location: On Borgen Avenue and Sam Street, Salamatoff
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee will review 3 preliminary plat.
K. OTHER/NEW BUSINESS
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
Page 46 of 48
March 13, 2019
City of Kenai Planning and Zoning Commission
Planning Commission Tentative Agenda March 11, 2019
Page 3
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, March 25, 2019 in the
Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration
Building, 144 North Binkley St, Soldotna, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
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.
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
ADVISORY COMMISSION MEETING LOCATION DATE TIME
Anchor Point Anchor Point Chamber of Commerce April 3, 2019 7:00 p.m.
Cooper Landing Cooper Landing Community Hall April 3, 2019 6:00 p.m.
Moose Pass Moose Pass Community Hall TBD 6:30 p.m.
Hope / Sunrise Hope Social Hall TBD 6:00 p.m.
The Kachemak Bay and Funny River
Advisory Planning Commissions are inactive at this time.
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