HomeMy WebLinkAbout2019-09-11 Planning & Zoning Packet Kenai Planning & Zoning Commission - Regular Meeting Page 1 of 36
September 11, 2019
Kenai Planning & Zoning Commission - Regular Meeting
September 11, 2019 – 7:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
https://www.kenai.city
AGENDA
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
5. *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.
B. APPROVAL OF MINUTES
1. *August 28, 2019
C. SCHEDULED PUBLIC COMMENT
Public comment limited to ten (10) minutes per speaker)
D. UNSCHEDULED PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
E. CONSIDERATION OF PLATS
1. Resolution PZ2019-36 – Original Preliminary Plat of Bridge Road Subdivision 2019
Replat, submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, AK 99669,
on behalf of Peninsula Mini Storage LLC, 47 Spur View Dr., Kenai, AK 99611.
F. PUBLIC HEARINGS
G. UNFINISHED BUSINESS
H. NEW BUSINESS
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Kenai Planning & Zoning Commission - Regular Meeting Page 2 of 36
September 11, 2019
1. Resolution PZ 2019-38 – Application for Transfer of Conditional Use Permit
PZ15-28, for Professional Office in a Rural Residential Zone, from Clifford and
Kristin Smith, to VIP Monitoring Services, LLC, located at 2785 Beaver Loop Road,
and described as a portion of the NW ¼, Section 11, Township 5 North, Range 11
West, Seward Meridian.
I. PENDING ITEMS
J. REPORTS
1. City Council
2. Borough Planning
3. Administration
K. ADDITIONAL PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. INFORMATIONAL ITEMS
M. NEXT MEETING ATTENDANCE NOTIFICATION
1. September 25, 2019
N. COMMISSION COMMENTS AND QUESTIONS
O. ADJOURNMENT
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KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
AUGUST 28, 2019 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
CHAIR JEFF TWAIT, PRESIDING
MINUTES
A. CALL TO ORDER
Commission Chair Twait called the meeting to order at 7:00 p.m.
1. Pledge of Allegiance
Commission Chair Twait led those assembled in the Pledge of the Allegiance.
2. Roll Call
Commissioners present: Chair J. Twait, Vice-Chair D. Fikes, R. Springer, J. Halstead,
V. Askin, T. McIntyre, G. Greenberg
Commissioners absent: None.
Staff/Council Liaison present: City Planner E. Appleby, Planning Assistant W. Anderson,
City Clerk J. Heinz, City Attorney S. Bloom, Council Liaison
B. Molloy
A quorum was present.
3. Agenda Approval
The following revisions to the agenda were noted:
Move item F.1. to Resolution No. PZ2019-33
H.1. as a discussion item.
MOTION:
Commissioner Askin MOVED to approve the agenda and Commissioner Fikes SECONDED the
motion.
MOTION TO AMEND:
Commissioner Fikes MOVED to amend the agenda by moving item F.1. to New Business as a
discussion item and Commissioner Askin SECONDED the motion.
There were no objections on the amendment; SO ORDERED.
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Planning and Zoning Commission Meeting Page 2 of 4
August 28, 2019
There were no objections on the motion as amended; SO ORDERED.
4. Consent Agenda
MOTION:
Commissioner Askin MOVED to approve the consent agenda and Commissioner Fikes
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.
5. *Excused absences – None.
B. APPROVAL OF MINUTES
1. *August 14, 2019
The minutes were approved by the Consent Agenda.
C. SCHEDULED PUBLIC COMMENT – None.
D. UNSCHEDULED PUBLIC COMMENT – None.
E. CONSIDERATION OF PLATS – None.
F. PUBLIC HEARINGS
1. Resolution PZ2019-33 - Recommending the Kenai City Council Amend Kenai Municipal
Code 14.20.175 – Adult Businesses, to Increase the Buffer Distances Between Adult
Businesses and Sensitive Uses from 500 Feet to 1,000 Feet and Define Sensitive Uses.
[Clerk’s Note: This item was moved to item H.1. during agenda approval.]
G. UNFINISHED BUSINESS – None.
H. NEW BUSINESS
[Clerk’s Note: This item was moved to item H.1. during agenda approval.]
1. Discussion - Resolution PZ2019-33 - Recommending the Kenai City Council Amend
Kenai Municipal Code 14.20.175 – Adult Businesses, to Increase the Buffer Distances
Between Adult Businesses and Sensitive Uses from 500 Feet to 1,000 Feet and Define
Sensitive Uses.
City Attorney Bloom noted an ordinance had been introduced to change the zoning of adult
businesses adding that naked dancing was protected under federal and state constitutions as a
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Planning and Zoning Commission Meeting Page 3 of 4
August 28, 2019
form of expression. He provided an overview of an Alaska Superior Court ruling and the guidance
it provided in narrowly tailoring regulations to combat harmful secondary effects of adult oriented
businesses which was a compelling government interest and providing an evidence-based
analysis demonstrating restriction was combatting harmful secondary effects. He reviewed case
law which provided that buffers could not be crafted in a way that less than five percent of property
in the City would be available for the use of adult oriented businesses noting that the proposed
ordinance increased the buffer from 500 to 1,000-feet which would leave approximately six
percent available. He added that, as currently written, the Code provided for adult establishments
as an allowed use without a Conditional Use Permit and that would remain the case in the
proposed ordinance, which expanded the buffer and provided more defined sensitive uses such
as libraries, schools, etc. Mr. Bloom provided examples of evidence based decisions from other
cities and a legal review which showed the difficulty in achieving the five percent requirement and
why that requirement should not be applied to rural communities such as ours. He noted a report
from Mt. Vernon, which discussed the evidence they found, and the process used to obtain the
evidence. The final report Mr. Bloom provided showed evidence from New York where the harmful
secondary effects can have impacts up to 1,000-feet and more likely even 1,500-feet from adult
businesses.
Mr. Bloom noted that, when looking at adult oriented businesses in the Kenai Municipal Code, the
regulations were detailed, out of date, and a lot potentially need to be changed but Council
Member Pettey wanted to propose initial action now and may want to propose additional action
later. He added that there was case law where a distinction was made between a business
periodically featuring adult oriented material such as an occasional show, and a business which
was in the business of featuring adult oriented material.
Clarification was provided that a recommendation from the Planning & Zoning Commission was
legally required in the amendment of the zoning law.
Clarification was also provided on certain constitutional protections and how the percentage of
available land was calculated.
I. PENDING ITEMS – None.
J. REPORTS
1. City Council – Council Member Molloy noted the decisions on Ordinance No. 3083-
2019 relating to the adult oriented businesses discussed and the potential for its referral
to the Planning and Zoning Commission, reviewed the action agenda from the August
21 City Council meeting, and noted the recommendation for hours of operation for
Marijuana Retail Stores would be a discussion item at Council’s meeting September 4.
2. Borough Planning – Vice-Chair Fikes reported action from the August 26 Borough
Planning Commission and Platting Committee meetings.
3. Administration – City Planner Appleby reported on the following:
• Noted the department had received two inquiries on the adult business ordinance
and if it was related to marijuana;
• Noted the supplemental information for the ordinance related to adult businesses
was also available online;
• Noted an increase in complaints on gravel pits and most were resolved;
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August 28, 2019
• W ork was ongoing on material for a sign code ordinance and would schedule
another work session; and
• Work on the Lands Management Plan was also ongoing.
K. ADDITIONAL PUBLIC COMMENT – None.
L. INFORMATIONAL ITEMS – None.
M. NEXT MEETING ATTENDANCE NOTIFICATION – September 11, 2019
Commission Chair Twait and Commissioner Springer noted they would be absent from the
September 11 meeting.
N. COMMISSION COMMENTS & QUESTIONS
Vice Chair Fikes thanked Council and administration for the iPads.
O. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:49 p.m.
Minutes prepared and submitted by:
____________________________
Jamie Heinz, CMC
City Clerk
Page 6
STAFF REPORT
To: Planning & Zoning Commission
From: Elizabeth Appleby, City Planner
Date: September 6, 2019
Subject: Resolution PZ2019-36 – Preliminary Subdivision Plat – Bridge Road Subdivision 2019
Replat
Applicants: Peninsula Mini Storage LLC
47 Spur View Drive
Kenai, AK 99611
SBC Development Group, Inc.
42115 Kalifornsky Beach Rd., Suite B
Soldotna, AK 99669
Submitted By: McLane Consulting, Inc.
P. O. Box 468
Soldotna, AK 99669
Requested Action: Preliminary Subdivision Plat – Bridge Road Subdivision 2019
Replat
Legal Description: Lot 7A, Block 1, Bridge Road Subdivision Lockwood Addition
Lot 4, 5, 6, and Tract A, Block 1, Bridge Road Subdivision No 2
Property Address: 1345 Bridge Access Rd.
1249 Bridge Access Rd.
1217 Bridge Access Rd.
1185 Bridge Access Rd.
514 Van Antwerp Ave.
KPB Parcel No: 04901323
04901306
04901305
04901304
04901309
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PZ2019-36 Staff Report Page 2
Lot Size: 3.367 acres (146,667 square feet)
1.54 acres (67,082 square feet)
1.54 acres (67,082 square feet)
1.54 acres (67,082 square feet)
5.01 acres (218,236 square feet)
Existing Zoning: Heavy Industrial (IH)
Current Land Use: Mini Storage Facility and Vacant Lot
Land Use Plan: Industrial
GENERAL INFORMATION
The applicants, Peninsula Mini Storage LLC, owners of Tract A, Lots 5 and 6, Block 1, Bridge
Road Subdivision No. 2 and Lot 7A, Block 1, Bridge Road Subdivision Lockwood Addition; and
SBC Development Group, Inc., owner of Lot 4, Block 1, Bridge Road Subdivision No. 2 have
submitted a plat that would vacate the property lines between the four lots and Tract A to create
two lots.
Peninsula Mini Storage LLC will own the tract referred to as Tract A-1, Block 1, of the proposed
preliminary plat of Bridge Road Subdivision 2019 Replat. The tract encompasses 12.014 acres
(approximately 523,330 square feet) and meets requirements of the Heavy Industrial (IH) zone.
Peninsula Mini Storage LLC has applied for three building permits to construct four additional
storage units.
SBC Development Group, Inc. will own the lot referred to as Lot 4-A, Block 1, of the proposed
preliminary plat of Bridge Road Subdivision 2019 Replat. This tract encompasses 0.992 acres
(approximately 43,212 square feet) and meets the requirements of the Heavy Industrial zone.
SBC Development Group, Inc. has submitted a building permit to construct a building which they
will lease to a third party.
Application, Public Notice, Public Comment
KMC 14.10.010 General under Chapter 14.10 Subdivision Regulations states preliminary plats or
replats must first be submitted to the City for review prior to the submittal of the plat to the Kenai
Peninsula Borough Planning Department. Kenai Municipal Code (KMC) 14.10.060 describes the
process in more detail. The plat will be reviewed first by the City of Kenai Planning and Zoning
Commission and then by the Kenai Peninsula Borough’s Plat Committee and Planning
Commission.
The property owners completed the City of Kenai preliminary plat submittal form. City staff
deemed the application to be complete. The City of Kenai follows Kenai Peninsula Borough Code
20.25.070 and 20.25.080 for preliminary plat submittal requirements.
City staff published notice of the consideration of the plat as part of the agenda for the City of
Kenai Planning and Zoning Commission in the Peninsula Clarion. No public comments have been
received as of September 6, 2019.
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PZ2019-36 Staff Report Page 3
ANALYSIS
Access to the proposed Tract A-1 is via Bridge Access Road and Beaver Loop Road which are
paved roads maintained by the State of Alaska. Tract 4-A is provided access via Bridge Access
Road. The property owner has a permit from the State of Alaska, Department of Transportation
to develop a driveway off of Bridge Access Road. The proposed plat does not dedicate any
additional rights-of-way. Street names are denoted accurately on the preliminary plat.
City of Kenai water and sewer lines are within the right-of-way of Bridge Access Road; however,
City Council enacted Ordinance 2009-2017 granting the property owner an exception to KMC
17.10 Connection to Public Water System and KMC 17.20 Connection to Public Sewer System.
This exception affects a portion of Tract A-1 that is proposed to be formerly known as Lot 7A,
Block 1, Bridge Road Subdivision Lockwood Addition). The agreement states it is to move with
the property. The City would follow through to get a new agreement in place following the
finalization of the plat. The City Public Works Director approves of the plans for water and sewer
connection. An installation agreement is not required.
A ten foot (10’) utility easement runs along the perimeter of Tract A-1 and the southwesterly ten
feet (10’) of Lot A-4 of the proposed plat. A ten foot (10’) utility easement centered on the new lot
line of Lot A-4 is proposed to be added to the plat. In addition, a twenty foot (20’) utility easement
that runs across the middle of Tract A-1 is proposed to be vacated. These changes meet City
Code and would allow for orderly development of the new parcel. City staff does not object and
would plan to recommend approval of the easement changes to City Council.
Based upon the submitted materials and this review, the preliminary plat meets requirements of
KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under
Chapter 14.10 Subdivision Regulations. City staff recommends a condition of approval for the
property to conform to all federal, State of Alaska, and local regulations.
RECOMMENDATIONS
City staff recommends approval of the preliminary plat of Bridge Road Subdivision 2019 Replat,
subject to the following conditions:
1.Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
2.A City of Kenai Water and Sewer Waiver Agreement be signed for the new parcel with the
new owner.
ATTACHMENTS
1.Draft Resolution No. PZ2019-36
2.Preliminary Plat (Exhibit A)
3.Application
4.Map
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2019 - 36
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT BRIDGE ROAD SUBDIVISION 2019 REPLAT
ATTACHED HERETO AS EXHIBIT “A” BE APPROVED SUBJECT TO THE CONDITIONS
OUTLINED BELOW.
WHEREAS, the City of Kenai received the plat attached as Exhibit A from McLane Consulting,
Incorporated; and,
WHEREAS, the plat meets City Code requirements of the Heavy Industrial Zone; and,
WHEREAS, the plat accurately represents street names and surrounding properties; and,
WHEREAS, the plat will not change the existing access to the properties; and,
WHEREAS, Bridge Access Road and Beaver Loop Road, which are paved and State-maintained
roads, provide access to the property; and,
WHEREAS, the plat proposes changes to utility easements that would allow for orderly
development of the property; and,
WHEREAS, City water and sewer lines are located within the right-of-way of Bridge Access Road
and City Council enacted Ordinance 2009-2017 granting the property owner an exception to KMC
17.10 Connection to Public Water System and KMC 17.20 Connection to Public Sewer System,
and this exemption is to stay with the property; and,
WHEREAS, an installation agreement is not required; and,
WHEREAS, the applicant will obtain a building permit from the City of Kenai prior to construction
in order to follow local regulations; and,
WHEREAS, the Planning and Zoning Commission finds:
1. Pursuant to Kenai Municipal Code 14.10.070 Subdivision design standards, the plat
conforms to the minimum street widths, an easement is sufficiently provided for utilities,
the proposed lot would be arranged to provide satisfactory and desirable building sites,
and the proposed lot meets standards for connection to City water and sewer lines.
2. Pursuant to Kenai Municipal Code 14.10.080 Minimum improvements required, there is
adequate access and facilities available to the proposed parcel. An installation agreement
is not required.
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Resolution No. PZ2019-36
Page 2 of 2
3. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the lot
meets City standards for minimum lot sizes.
4. Pursuant to Kenai Municipal Code 14.24.020 General Requirements, the lots meet City
standards for minimum lot width, maximum lot coverage, maximum height, and setbacks.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the Bridge Road Subdivision 2019 Replat attached as Exhibit “A” be approved
subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
2. A City of Kenai Water and Sewer Waiver Agreement be signed for the new parcel with the
new owner.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 11th day of September, 2019.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CITY CLERK
Page 11
Δ=
NORTH
Book No. :Scale 1" = 100'19-XXDate :AUG 2019
KPB File No.2019-xxx
Drawn by :JAH
Project No.192013
ENGINEERING - TESTING
SURVEYING - MAPPING
P.O. BOX 468
SOLDOTNA, AK. 99669
VOICE: (907) 283-4218
FAX: (907) 283-3265
WWW.MCLANECG.COM
Plat #
Time M
Rec Dist
Date
20
JAMES A. HALL
85032-S
R
E
GISTEREDPROFESSIO N A L L A NDSURVEYORExhibit A Page 12
Page 13
Page 14
Page 15
BRID
G
E AC
CESS R
D
VAN ANTWERP AVE
.
Date: 9 /6 /2 01 9
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
1 inch equals 208 feet
PZ2019-36
Parcels0490132304901306049013050490130404901309
208 '
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STAFF REPORT
To: Planning & Zoning Commission
Date: September 5, 2019
Subject: Resolution PZ2019-38 – Transfer of Conditional Use Permit from Clifford and Kristin
Smith, Transferors, to VIP Monitoring Services LLC, Transferee
Applicant: Clifford and Kristin Smith
2785 Beaver Loop Rd.
Kenai, AK 99611
Requested Action: Transfer of Conditional Use Permit PZ15-28
Legal Description: A portion of the Northwest one-quarter (NW ¼), Section 11,
Township 5 North, Range 11 West, Seward Meridian
Property Address: 2785 Beaver Loop Road
KPB Parcel No: 04911002
Lot Size: 16,988 square feet (0.39 acres)
Existing Zoning: Rural Residential (RR)
Current Land Use: Professional Office
Land Use Plan: Low Density Residential
GENERAL INFORMATION
Clifford and Kristin Smith hold a conditional use permit to operate a professional office in the Rural
Residential Zone. The City has received an application to transfer the permit to VIP Monitoring
Services LLC.
Application, Public Notice, Public Comment
On August 30, 2019, the Transferor, Clifford and Kristin Smith, submitted an Application for
Transfer of Conditional Use Permit to follow Kenai Municipal Code (KMC) 14.20.158(a) requiring
Page 17
PZ2019-38 Staff Report Page 2
an application for transfer in writing.
City staff published notice of the application in the Peninsula Clarion. No public comments have
been received as of September 6, 2019.
ANALYSIS
On September 23, 2015, the Planning and Zoning Commission passed Resolution PZ15-28 for
the conditional use of a professional office. The permit was issued to Clifford and Kristin Smith,
subject to the following conditions:
a. Further development of the property shall conform to all Federal, State, and local
regulations.
b. Property owner must obtain a sign permit prior to placing a sign on the premises
to advertise the business.
c. Property owner must provide five (5) parking spaces and one of the spaces must be
an ADA parking space pursuant to the guidelines as set forth in the 2009 International
Building Code.
d. Property owner shall submit an annual report for the Conditional Use Permit as set
forth in KMC 14.20.150(f).
Mr. Smith obtained a sign permit prior to constructing a sign, added the required parking spaces,
and has submitted annual reports as required by KMC14.20.150(f). He is current with obligations
due to the City of Kenai and the Kenai Peninsula Borough.
Kenai Municipal Code (KMC) 14.20.150(i)(5) states the following on transfers of conditional use
permits:
KMC 14.20.150(i)(5) Transferability. A Conditional Use Permit is not transferable
from one (1) parcel of land to another. Conditional Use Permits may be transferred
from one (1) owner to another for the same use, but if there is a change in use on
the property, a new permit must be obtained.
The applicant has provided information to the City showing the current permit holder, Clifford and
Kristin Smith, meet the conditions of PZ15-28. The new permit holder would continue to operate
under the terms and conditions of the original Conditional Use Permit PZ15-28. There will not be
a change in use.
RECOMMENDATIONS
The transfer of Conditional Use Permit PZ15-28 for a professional office meet the requirements
of Kenai Municipal Code 14.20.150(i)(5) and 14.20.157(a). City staff recommends approval of the
transfer of Conditional Use Permit PZ15-28, subject to the following conditions:
a. Further development of the property shall conform to all Federal, State, and local
regulations.
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PZ2019-38 Staff Report Page 3
b. Property owner must obtain a sign permit prior to placing a sign on the premises
to advertise the business.
c. Property owner must provide five (5) parking spaces and one of the spaces must be
an ADA parking space pursuant to the guidelines as set forth in the 2009
International Building Code.
d. Property owner shall submit an annual report for the Conditional Use Permit as set
forth in KMC 14.20.150(f).
ATTACHMENTS
1. Draft Resolution No. PZ2019-38
2. Resolution No. PZ15-28
3. Application
4. Map
Page 19
Resolution PZ2019-38
Page 1 of 2
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2019 - 38
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A TRANSFER OF CONDITIONAL USE PERMIT FOR THE
USE A PROFESSIONAL OFFICE IN THE RURAL RESIDENTIAL ZONE TO:
APPLICANT: VIP MONITORING SERVICES LLC
USE: PROFESSIONAL OFFICE
LEGAL DESCRIPTION: A PORTION OF SECTION 11, TOWNSHIP 5 NORTH,
RANGE 11 WEST, SEWARD MERIDIAN
PHYSICAL ADDRESS: 2785 BEAVER LOOP ROAD
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04911002
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code
14.20.150 was submitted to the City on August 30, 2019; and,
WHEREAS, the application affects land zoned as Rural Residential; and,
WHEREAS, the application meets the requirements of Kenai Municipal Code 14.20.150(5)
stating conditional use permits may be transferred from one owner to another for the same use;
and,
WHEREAS, the Planning and Zoning Commission finds:
1. The transferor has complied with the conditions of the existing Conditional Use Permit
PZ15-28; and,
2. The transferee will comply with the conditions of the existing Conditional Use Permit
PZ15-28; and,
3. The transfer of the conditional use permit would not change the use of the property.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the conditional use permit granted under PZ15-28 is transferred to
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
Page 20
Resolution PZ2019-38
Page 2 of 2
VIP Monitoring Services LLC.
Section 2. That the conditional use permit is subject to the following conditions:
a. Further development of the property shall conform to all Federal, State,
and local regulations.
b. Property owner must obtain a sign permit prior to placing a sign on the
premises to advertise the business.
c. Property owner must provide five (5) parking spaces and one of the spaces
must be an ADA parking space pursuant to the guidelines as set forth in
the 2009 International Building Code.
d. Property owner shall submit an annual report for the Conditional Use Permit as
set forth in KMC 14.20.150(f).
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 111th day of September, 2019.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CMC, CITY CLERK
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Kenai City Council - Regular Meeting Page 1 of 4
September 04, 2019
Kenai City Council - Regular Meeting
September 04, 2019 – 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
ACTION AGENDA
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. POSTPONED AS AMENDED TO 10/2/19. Ordinance No. 3072-2019 - Renaming,
Repealing and Re-Enacting Kenai Municipal Code Title 22-General Fund Lands,
Renaming Title 21-City Airport and Airport Lands, and Repealing Kenai Municipal
Code Chapter 21.15-Lease and Sale of Airport Lands Outside of the Airport Reserve
to Encourage Responsible Growth and Development to Support a Thriving
Business, Residential, Recreational and Cultural Community through Responsible
Land Policies and Practices. (Administration) [Clerk’s Note: At the 08/21/19
Meeting, this Item was Postponed to the Meeting After a Work Session was Held
Regarding the Matter for a Second Public Hearing. A Work Session was Held On
09/03/19. A Motion to Enact is On the Floor.]
2. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3079-2019
- Increasing Estimated Revenues and Appropriations in the Airport Special Revenue
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Kenai City Council - Regular Meeting Page 2 of 4
September 04, 2019
and Airport Improvements Capital Project Funds and Accepting a Grant from the
Federal Aviation Administration for the Purchase of Two Aircraft Rescue and
Firefighting (ARFF) Vehicles, Rehabilitation of the Fire Training Props, and
Rehabilitation of the Training Facility for the Alaska Regional Fire Training Facility.
(Administration)
3. ENACTED UNANIMOUSLY. Ordinance No. 3080-2019 - Increasing Estimated
Revenues and Appropriations in the Terminal Improvements Capital Fund, and
Authorizing an Increase to the Construction Purchase Order to Blazy Construction,
Inc. (Administration)
4. ENACTED UNANIMOUSLY. Ordinance No. 3081-2019 - Increasing Estimated
Revenues and Appropriations in the Airport Improvements Capital Project Fund, and
Authorizing an Increase to the Construction Purchase Order to Polar North
Construction, Inc. (Administration)
5. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3082-2019
- Amending Kenai Municipal Code Chapter 5.35, Oil and Gas Wells, to Provide that
Applications and Supplemental Applications be Filed with the City Manager. (City
Clerk)
6. REFERRED AS AMENDED TO PLANNING & ZONING/SECOND PUBLIC
HEARING SET FOR 10/2/19. Ordinance No. 3083-2019 - Amending Kenai
Municipal Code 14.20.175 - Adult Businesses, To Increase The Buffer Distances
Between Adult Businesses And Sensitive Uses From 500 Feet To 1000 Feet And
Define Sensitive Uses. (Council Member Pettey)
• Substitute Ordinance No. 3083-2019 - Amending Kenai Municipal Code
14.20.175 - Adult Businesses, To Increase The Buffer Distances Between Adult
Businesses And Sensitive Uses From 500 Feet To 1000 Feet And Define
Sensitive Uses and Amend Kenai Municipal Code 14.22.010 – Land Use Table,
to Add Adult Businesses. (Council Members Pettey and Knackstedt)
7. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2019-61 - Awarding
a Construction Contract for Rehabilitation of Training Props at the Alaska Regional
Fire Training Facility. (Administration)
8. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2019-62 - Awarding
a Construction Contract for Rehabilitation of the Alaska Regional Fire Training
Facility. (Administration)
9. ADOPTED UNANIMOUSLY. Resolution No. 2019-63 - Authorizing the Use of the
State of Alaska Department of Transportation and Public Facilities Fleet
Procurement Program for the Purchase of Two Aircraft Rescue and Firefighting
(ARFF) Vehicles for the Alaska Regional Fire Training Facility. (Administration)
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Regular Meeting
of August 21, 2019
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Kenai City Council - Regular Meeting Page 3 of 4
September 04, 2019
F. UNFINISHED BUSINESS
1. POSTPONED TO 10/2/19. Resolution No. 2019-58 - Amending its Comprehensive
Schedule of Rates, Charges, and Fees to Incorporate Changes to Application Fees
for Lands Outside the Airport Reserve. (Administration) [Clerk’s Note: At the
08/21/19 Meeting, this Item was Postponed to the Meeting which Ordinance No.
3072-2019 was Scheduled for its Second Public Hearing; a Motion to Enact is On
the Floor.]
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be
Ratified. (Administration)
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Purchase Orders
Exceeding $15,000. (Administration)
3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR
10/2/19. *Ordinance No. 3084-2019 - Increasing Estimated Revenues and
Appropriations in the General Fund for Reimbursement Received for Support of the
Swan Lake Fire Suppression Efforts. (Administration)
4. DIRECTION GIVEN TO ADMINISTRATION TO DRAFT AN ORDINANCE.
Discussion – Amending Kenai Municipal Code 14.20.330 - Standards for
Commercial Marijuana Establishments, to Incorporate Hours of Operation for Retail
Marijuana Establishments into the City of Kenai’s Code of Ordinances as
Recommended by the Planning and Zoning Commission. (Council Member Molloy)
5. HEARING SET FOR 10/7/19 AT 6:00 P.M. Discussion - Set a Board of
Adjustment Hearing Date. (City Clerk)
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
Page 30
Kenai City Council - Regular Meeting Page 4 of 4
September 04, 2019
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
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000.
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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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
September 9, 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
a. S. J. Chapman No. 18
KPB File 2012-058
[Geovera / Trimble]
Location: Anchor Point area
Anchor Point APC
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval
*4. Plats Granted Final Approval (20.10.070) - None
*5. Plat Amendment Request - None
*6. Utility Easement Vacations a. Petition to vacate a utility easement in the area. Vacate the 10-foot utility easement
running east to west approximately 352 feet centered on the common lot line between Tract 1 and Tract 2 of Spur Vista Subdivision (Plat KN 82-131); within Section 31,
Township 5 North, Range 11 West, Seward Meridian, Kenai Peninsula Borough, Alaska. KPB File 2019-006V. Petitioners: Michael Bolstridge and Aaron Henrie.
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Planning Commission Tentative Agenda September 9, 2019
Page 2
*7. Commissioner Excused Absences
a. Vacant, Ridgeway
*8. Minutes
a. August 26, 2019 Planning Commission Meeting
D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per speaker unless previous arrangements are made.) E. SPECIAL CONSIDERATIONS
1. Building Setback Exception Lot 2 Deitz Home Estates No. 5 Addition No. 1
KPB File 2019-102; Resolution 2019-30
Location: On Gladys Court from East End Road, Kachemak area.
F. UNFINISHED BUSINESS
1. Ordinance 2019-__; An Ordinance Amending KPB Chapter 21.25, Conditional Land Use
Permits and Amending KPB Chapter 21.29, Material Site Permits.
G. PUBLIC HEARINGS - None
H. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) – None
I. VACATIONS NOT REQUIRING A PUBLIC HEARING – None
J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee will review 4 preliminary plat.
K. OTHER/NEW BUSINESS
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION
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Planning Commission Tentative Agenda September 9, 2019
Page 3
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, September 23, 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 October 9, 2019 7:00 p.m.
Cooper Landing Cooper Landing Community Hall October 9, 2019 6:00 p.m.
Funny River TBD TBD TBD
Moose Pass Moose Pass Community Hall TBD 6:30 p.m.
Hope / Sunrise Hope Social Hall TBD 6:00 p.m.
The Kachemak Bay Advisory Planning Commission is inactive at this time.
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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 • Dr. Rick Foster – Southwest Borough Virginia Morgan – East Peninsula • Paul Whitney – City of Soldotna Alternates: Jeremy Brantley – Sterling
Plat Committee Tentative Agenda
SEPTEMBER 9, 2019
6:30 p.m.
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
3. Minutes
a. August 26, 2019 Plat Committee Meeting
D. PUBLIC COMMENT
(Items other than those appearing on the agenda or not scheduled for public hearing. Limited to five minutes per speaker unless previous arrangements are made.)
E. SUBDIVISION PLAT PUBLIC HEARINGS
1. Every Homestead Subdivision
KPB File 2019-097 [Edge Survey & Design, LLC / Every, Hindman]
Location: on Kenai Spur Highway and Manders Street; Nikiski
2. Kidney Lake West Subdivision Warren Addition
KPB File 2019-099; [Edge Survey & Design, LLC / Warren]
Location: Holt Lamplight Road to Emerald Street to Glenwood Avenue; Nikiski
3. Kenai River Salmon Run Subdivision 2019 Replat KPB File 2019-101 [Johnson Surveying / Boyden] Location: Salmon Run Drive to Fishermans Road; Funny River
Funny River APC
4. Duncan Subdivision Addition No. 3 KPB File 2019-059 [Segesser Surveys / Duncan]
Location: on Ariels Lane and Kalifornsky Beach Road; Kalifornsky F. FINAL SUBDIVISION PLAT PUBLIC HEARING - None G. OTHER / NEW BUSINESS
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Plat Committee Tentative Agenda September 9, 2019
Page 2
H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED
I. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, September 23, 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
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