HomeMy WebLinkAbout2019-10-30 Planning & Zoning Packet Kenai Planning and Zoning Commission - Regular Meeting Page 1 of 60
October 30, 2019
Kenai Planning and Zoning Commission - Regular
Meeting
October 30, 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. *September 25, 2019
C. SCHEDULED PUBLIC COMMENT
Public comment limited to ten (10) minutes per speaker)
1. Jennifer LeMay, LeMay Engineering & Consulting, Inc. to Discuss the City of Kenai
Local Hazard Mitigation Plan
D. UNSCHEDULED PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
E. CONSIDERATION OF PLATS
1. Resolution PZ2019-40 - Original Preliminary Plat of Valhalla Heights Osmond
Replat, submitted by Edge Survey and Design, P.O. Box 468, Soldotna AK 99669,
on behalf of Jeremiah N. and Jennifer Cates, 415 Phillips Dr., Kenai, AK 99611
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Kenai Planning and Zoning Commission - Regular Meeting Page 2 of 60
October 30, 2019
2. Resolution PZ2019-41 - Original Preliminary Plat of Valhalla Heights 2019 Replat,
submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna AK 99669, on
behalf of Jeremiah N. and Jennifer Cates, 415 Phillips Dr., Kenai, AK 99611
3. Resolution PZ2019-42 – Original Preliminary Plat of Valhalla Heights White
Replat, submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, AK 99669,
on behalf of John J. and Mary L. White, 5327 Kenai Spur Highway, Kenai, AK
99611
F. PUBLIC HEARINGS
G. UNFINISHED BUSINESS
H. NEW BUSINESS
I. PENDING ITEMS
J. REPORTS
1. City Council
2. Borough Planning
3. Administrative Report
K. ADDITIONAL PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
L. INFORMATIONAL ITEMS
1. Planning and Zoning Resolutions – Third Quarter 2019
2. Building Permits – Third Quarter 2019
3. Code Violations – Third Quarter 2019
M. NEXT MEETING ATTENDANCE NOTIFICATION
1. November 13, 2019 - 7.pm - Regular Meeting
N. COMMISSION COMMENTS AND QUESTIONS
O. ADJOURNMENT
2
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
SEPTEMBER 25, 2019 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
COMMISSION 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: Vice-Chair D. Fikes, J. Halstead, V. Askin, G. Greenberg,
Chair J. Twait, R. Springer, T. McIntyre
Commissioners absent: None
Staff/Council Liaison present: City Planner E. Appleby, Planning Assistant W. Anderson,
City Clerk J. Heinz, Council Liaison B. Molloy
A quorum was present.
3. Agenda Approval
MOTION:
Commissioner Halstead MOVED to approve the agenda and Commissioner Askin SECONDED
the motion.
There were no objections on the amendment; SO ORDERED.
4. Consent Agenda
MOTION:
Commissioner Askin MOVED to approve the consent agenda and Commissioner Halstead
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
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Planning and Zoning Commission Meeting Page 2 of 6
September 25, 2019
as part of the General Orders.
5. *Excused absences – None.
B. APPROVAL OF MINUTES
1. *September 11, 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 PZ2019-37 – Application for a Conditional Use Permit to operate
Gunsmithing Business, located at 310 Princess Street, Kenai, Alaska 99611, and
further described as Lot 2, Cinderella Subdivision. The application was submitted
by Ronald Carlson, 310 Princess Street, Kenai, Alaska 99611.
MOTION:
Commissioner Askin MOVED to approve Resolution No. PZ2019-37 and Commissioner Springer
SECONDED the motion.
City Planner Appleby reviewed the staff report and rationale for how the application met the
approval criteria provided in the packet noting the Conditional Use Permit was for a gunsmithing
business in the RR-1 Zone and recommended approval with the following conditions:
Applicant must comply with all federal, State of Alaska, and local regulations;
Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.155;
The applicant will meet with City staff for on-site inspections when requested;
If there is a change of use for the above described property, a new Conditional Use Permit
must be obtained, pursuant to 14.20.150(i)(5);
Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination
or interruption of the use for a period of at least one year;
Prior to operation, the applicant must submit a copy of the federal firearms license issued
by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives;
Prior to operation, the applicant must schedule and appointment for an inspection by the
City of Kenai Fire Marshal and shall comply with instructions from the Fire Marshal to meet
municipal Fire Code. The applicant will provide documentation to the City of biannual fire
inspections (once every two years) after the initial inspection prior to operation;
Prior to operation, the applicant will install security cameras, improved door locks, and
update the security of his fencing as required by the Federal Bureau of Alcohol, Tobacco,
Firearms, and Explosives and the City of Kenai Fire Marshal. Casual access shall not be
available to the garage;
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If the applicant decides to put up a sign for his business, he will first obtain a sign permit
from the City of Kenai;
Failure to provide documentation to the City of meeting these conditions prior to operation
of the gunsmithing business shall be grounds for the suspension or revocation of the
Conditional Use Permit.
Commission Chair Twait opened the floor for public testimony.
Ronald Carlson noted he had already begun work on the necessary improvements; clarified that
test firing would take place at the gun club.
There being no one else wishing to be heard, public comment was closed.
Clarification was provided that after the federal permit was applied for, an agent would inspect
the property and make recommendations on what additional security measures needed to be in
place.
VOTE:
YEA: Greenberg, Fikes, Askin, Halstead, Twait, McIntyre, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the 15-day appeal period.
2. 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 and Amend Kenai Municipal Code 14.22.010 - Land Use
Table, to Add Adult Businesses.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ2019-33 and Commissioner Askin
SECONDED the motion.
City Planner Appleby reviewed the staff report provided in the packet noting the Council had
requested a recommendation from the Commission and that the ordinance provided a definition
for sensitive uses and added adult uses to the Land Use Table. She also referenced the
supplemental information provided at a previous meeting, which contained information regarding
negative secondary effects and noted goals in the Comprehensive Plan which would be met with
the adoption of the ordinance.
Commission Chair Twait opened the floor for public testimony; there being no one wishing to be
heard, public comment was closed.
Clarification was provided on the following:
If a property owner met buffer requirements and existing code, an adult business would
be a principally permitted use;
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September 25, 2019
Once an adult business was established, they wouldn’t have to close if an establishment
defined as a sensitive use wanted to locate within the buffer;
Distance was measured in a straight line from the nearest point on the premises to the
nearest property line;
The buffer tool in the City’s GIS Software would be utilized to measure distances;
The measurement described in the code was the most clear way to measure and was
comparable to marijuana buffer measurement points;
A one time or occasional show could not be regulated the same as a full-time
establishment because the secondary effects are not the same; and
Secondary effects related to each particular type of adult business needed review because
a firm line did not exist on what constituted an occasional show versus a full-time
establishment.
The point was made that the map would need to be checked any time a new adult business was
seeking to establish.
It was restated that the adult businesses would be principally permitted in only four specific zones.
VOTE:
YEA: Greenberg, Fikes, Askin, Halstead, Twait, Springer, McIntyre
NAY:
MOTION PASSED UNANIMOUSLY.
G. UNFINISHED BUSINESS – None.
H. NEW BUSINESS
1. Resolution PZ 2019-39 – Application for a Home Occupation Permit for a Home
Day Care of No More Than Eight (8) Children Under the Age of Twelve (12) years,
located at 604 Laurel Drive, Kenai, Alaska 99611, and further described as Lot 1,
Block J, Woodland Subdivision Part One (1). The application was submitted by
Mindy Dalebout, 604 Laurel Drive, Kenai, AK 99611.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ2019-39 and Commissioner Askin
SECONDED the motion.
City Planner Appleby reviewed the staff report provided in the packet noting the Home Occupation
Permit required improvements to the home and was intended for a daycare within a residence of
no more than eight (8) children under the age of twelve (12), including children related to the
caregiver and recommended approval with the following condition:
Applicant must comply with all federal, State of Alaska, and local regulations;
The City of Kenai Fire Marshal must perform an inspection to verify that the applicant has
complied with his requirements set forth on the inspection dated August 22, 2019;
including, but not limited to, the installation of egress windows. The applicant may not
operate her business until this has been done.
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The applicant will discuss plans for the egress windows with the City Building Official and,
if necessary, will obtain a Building Permit from the City to install the egress windows.
Pursuant to KMC 14.20.230(h)(1), the premises shall be inspected every other year by the
Fire Marshal for the City of Kenai;
A copy of the license issued by the State of Alaska for the day care facilities must be
submitted to the City of Kenai prior to operating the day care;
Pursuant to KMC 14.20.230(f), this Home Occupation Permit is not transferable to another
person or location;
If the applicant decides to put up a sign for her business, she will first obtain a sign permit
from the City of Kenai;
Failure to provide documentation to the City of meeting these conditions prior to operation
of the gunsmithing business shall be grounds for the suspension or revocation of the
Conditional Use Permit.
Clarification was provided that the Fire Marshal provided the inspection on the residence.
It was suggested that, being a daycare, fire code requirements may need to be followed instead
of City building codes.
VOTE:
YEA: Greenberg, Fikes, Askin, Halstead, Twait, Springer, McIntyre
NAY:
MOTION PASSED UNANIMOUSLY.
I. PENDING ITEMS – None.
J. REPORTS
1. City Council – Council Member Molloy reviewed the action agenda from the September
18 meeting.
2. Borough Planning – Vice-Chair Fikes reported action from the September 23 Borough
Planning Commission and Platting Committee meetings.
3. Administration – City Planner Appleby reported on the following:
Asked if there was objection to rescheduling the October 23 meeting to October 30;
there was no objection;
Noted the consultant for the Hazard Mitigation Plan would be present at the
rescheduled October 30 meeting;
The adult business ordinance would be before the Council at their next meeting;
Alaska LNG Draft Environmental Impact Statement comments were being accepted
until October 3;
The land sale and leasing policy ordinance would be before Council at their next
meeting; and
Work on the Land Management Plan was ongoing.
K. ADDITIONAL PUBLIC COMMENT – None.
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L. INFORMATIONAL ITEMS – None.
M. NEXT MEETING ATTENDANCE NOTIFICATION – October 9, 2019
N. COMMISSION COMMENTS & QUESTIONS
Commissioner Greenberg noted that the regulation had changed for gunsmithing in the RR-
1 zone and asked about the professional offices; it was confirmed both uses were approved
by the ordinance.
Commissioner Springer noted he appreciated an inspection was completed in the daycare
Home Occupation Permit.
O. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:03 p.m.
Minutes prepared and submitted by:
____________________________
Jamie Heinz, CMC
City Clerk
8
STAFF REPORT
To: Planning & Zoning Commission
From: Elizabeth Appleby, City Planner
Date: October 25, 2019
Subject: Resolution PZ2019-40 – Preliminary Subdivision Plat – Valhalla Heights Osland Replat
Applicant: Tyler Scott Osland
236 River Watch Drive
Soldotna, AK 99669
Submitted By: Edge Survey and Design, Inc.
43335 K-Beach Road, Suite 16B
Soldotna, AK 99669
Requested Action: Preliminary Subdivision Plat – Valhalla Heights Osland Replat
Legal Description: Lots 15 and 16, Block 11, Valhalla Heights Subdivision Part 4
Property Address: 455 Philips Drive, 465 Phillips Drive
KPB Parcel No: 04934015, 04934016
Lot Size: 22,651 square feet (0.52 acres), 28,314 square feet (0.65 acres)
Existing Zoning: Rural Residential
Current Land Use: Vacant
Land Use Plan: Suburban Residential
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PZ2019-40 Staff Report Page 2
GENERAL INFORMATION
The applicant, Tyler Scott Osland, owner of Lots 15 and 16, Block 11, Valhalla Heights
Subdivision Part 4 has submitted a plat that would vacate the property lines between the two lots
to create one larger lot.
Tyler Scott Osland would own the lot proposed to be Lot 15A, Block 11, Valhalla Heights Osland
Replat as shown on the preliminary plat. The new Lot 15A would encompass 1.167 acres
(approximately 50,835 square feet) and meets requirements of the Rural Residential (RR) zone.
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 October 25, 2019.
ANALYSIS
Access to the proposed Lot 15A, Block 11 is via Phillips Drive, a gravel road maintained by the
City of Kenai. The proposed plat does not dedicate any additional rights-of-way. Street names are
denoted accurately on the preliminary plat.
The City of Kenai does not have water and sewer lines within the Valhalla Heights Subdivision.
The applicant will need to install a private well and wastewater treatment and disposal system,
pursuant to the State of Alaska Department of Environmental Conservation regulations.
An existing ten foot (10’) utility easement runs along the east boundary of the proposed Lot 15A,
Block 11. The proposed plat will dedicate an additional ten foot (10’) utility easement along the
south and west boundaries of the proposed lot. The utility easement will allow for orderly
development of the new parcel.
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. A second
recommendation for approval of the plat is to remove the building setback requirements. Building
setbacks are set forth in the City of Kenai zoning regulations as described under Note #2 on the
preliminary plat. City of Kenai zoning regulations could change in the future and then the building
10
PZ2019-40 Staff Report Page 3
setback would become inaccurate on the plat.
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. Remove Note #4 on the plat covering building setbacks as it is covered under Note #2
referencing City of Kenai zoning regulations.
3. Remove the depiction of the building setback line from the plat as the building setback is
a City of Kenai zoning regulation that could be amended with a Code change.
ATTACHMENTS
1. Draft Resolution No. PZ2019-40
2. Application
3. Preliminary Plat
4. Maps
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2019 - 40
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THE VALHALLA HEIGHTS OSLAND REPLAT ATTACHED
HERETO AS EXHIBIT “A” BE APPROVED.
WHEREAS, the City of Kenai received the plat attached as Exhibit A from Edge Survey and
Design, Incorporated; and,
WHEREAS, the plat meets City Code requirements of the Rural Residential 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, Phillips Drive is a gravel City-maintained road which 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, the City of Kenai does not have water and sewer lines within this subdivision and the
property owners are not required to connect to City water and sewer lines; and,
WHEREAS, an installation agreement is not required; 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.
2. Pursuant to Kenai Municipal Code Title 17 Public Utilities and Enterprises, the proposed
lot is not required to connect to City water and sewer lines. A condition of approval is to
follow State of Alaska regulations for further development, including those covering a
private well and wastewater treatment and disposal system.
3. 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.
4. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the lot
meets City standards for minimum lot sizes.
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Resolution No. PZ2019-40
Page 2 of 2
5. 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 Valhalla Heights Osland Replat attached as Exhibit “A” be approved
subject to the following conditions:
Section 2. That the approval of the Valhalla Heights Osland Replat attached as Exhibit “A” be
subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
2. Remove Note #4 on the plat covering building setbacks as it is covered under Note #2
referencing City of Kenai zoning regulations.
3. Remove the depiction of the building setback line from the plat as the building setback is
a City of Kenai zoning regulation that could be amended with a Code change.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 30th day of October, 2019.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CITY CLERK
13
14
CITY OF KENAI PLANNING DEPARMENT
PRELIMINARY PLAT SUBMITTAL FORM
APPLICANT
Tyler Scott Osland
MAILING ADDRESS
236 River Watch Dr.
CITY, STATE, ZIP
Soldotna, AK 99669
PHONE 252-7995
NAME OF PLAT Valh alla Heights -Osland Replat
Preliminary Plat x Revised Preliminary Plat
CURRENT ZONING WHERE APPLICABLE : Rural Res identi al
USE: Residential Recreational Commercial Other
x
SEWER: On S ite x City Community
WATER: On Site x City Community
Vacation of Public Right-of-Way Yes No x
STREET NAME:
EXCEPTIONS REQUIRED AND REQUESTED:
None
COMMENTS:
Lot line removal, creating larger parcel
6/24/2014
T
Exhibit A
15
PHI
L
L
I
PS DRSHELL DR
SHELL DRSHELL DR
Date: 1 0/21/2019
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.
04934015, 04934016Lots 15 and 16, Block 11,Valhalla Heights SubdPart 4
Map for PZ2019-40(1:800 Scale).
0 8040 Feet
04934016Lot 16, Block 11
04934015Lot 15, Block 11
16
KENAI
SPUR
HWYPHILL
IPS
DRFERN STSHELL DRFIREWEED
LN
LUPIN
E
D
R
DEVRAY STWOLFE STSTANDARD DRWORTHAM AVEROBIN
D
R RICHFIELD DRSHANE CTDOGW
O
O
D
R
D
VALHALLA LNSHELL DR
Date: 10/21/2019
The information depicted here
on is for graphic representation
only of the best available sources.
The City of Kenai assumes no
responsibility for errors on this
map.
04934015, 04934016Lots 15 and 16, Block 11,Valhalla Heights SubdPart 4
Map for PZ2019-40(1:6,000 Scale).
0 600300 Feet
LEGENDZoning
Rural Residential (RR)
Rural Residential 1 (RR-1)
Suburban Residential (SR)
Limited Commercial
17
STAFF REPORT
To: Planning & Zoning Commission
From: Elizabeth Appleby, City Planner
Date: October 25, 2019
Subject: Resolution PZ2019-41 – Preliminary Subdivision Plat – Valhalla Heights 2019 Replat
Applicants: Jeremiah N. Cates
Jennifer Cates
415 Phillips Drive
Kenai, AK 99611
Submitted By: McLane Consulting, Inc.
P.O. Box 468
Soldotna, AK 99669
Requested Action: Preliminary Subdivision Plat – Valhalla Heights 2019 Replat
Legal Description: Lots 10 and 11, Block 11, Valhalla Heights Subdivision Part 4
Property Address: 405 Phillips Drive and 415 Phillips Drive
KPB Parcel No: 04934010 and 04934011
Lot Size: 45,302 square feet (1.04 acres)
40,946 square feet (0.94 acres)
Existing Zoning: Rural Residential
Current Land Use: Vacant and Single Family Dwelling
Land Use Plan: Suburban Residential
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PZ2019-41 Staff Report Page 2
GENERAL INFORMATION
Jeremiah N. and Jennifer Cates are the owners of Lots 10 and 11, Block 11, Valhalla Heights
Subdivision Part 4. On the owners’ behalf, McLane Consulting, Inc. has submitted a plat that
would vacate the property lines between the two lots to create one larger lot.
Jeremiah N. and Jennifer Cates would own the lot proposed to be Lot 10A, Block 11, as shown
on the preliminary plat of Valhalla Heights 2019 Replat. The tract encompasses 1.966 acres
(approximately 85,639 square feet) and meets requirements of the Rural Residential (RR) zone.
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 October 25, 2019.
ANALYSIS
Access to the proposed Lot 10A, Block 11 is via Phillips Drive, a gravel road maintained by the
City of Kenai. The proposed plat does not dedicate any additional rights-of-way. Street names are
denoted accurately on the preliminary plat.
The City of Kenai does not have water and sewer lines within this subdivision. The applicant has
installed a private well and wastewater treatment and disposal system to service the residence
on the lot, pursuant to the State of Alaska Department of Environmental Conservation regulations.
An existing ten foot (10’) utility easement runs along the east boundary of the proposed Lot 10A,
Block 11. The utility easement will allow for orderly development of the new parcel.
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 Valhalla Heights 2019 Replat, subject
to the following conditions:
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PZ2019-41 Staff Report Page 3
1. Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
ATTACHMENTS
1. Draft Resolution No. PZ2019-41
2. Application
3. Preliminary Plat
4. Map
20
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2019 - 41
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT VALHALLA HEIGHTS 2019 REPLAT ATTACHED
HERETO AS EXHIBIT “A” BE APPROVED.
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 Rural Residential 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, Phillips Drive is a gravel City-maintained road which provide access to the property;
and,
WHEREAS, the utility easement shown on the proposed would allow for orderly development of
the property; and,
WHEREAS, the City of Kenai does not have water and sewer lines within this subdivision and the
property owners are not required to connect to City water and sewer lines; and,
WHEREAS, an installation agreement is not required; 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.
2. Pursuant to Kenai Municipal Code Title 17 Public Utilities and Enterprises, the proposed
lot is not required to connect to City water and sewer lines. The applicant has installed a
private well and wastewater treatment and disposal system and a condition of approval is
to continue to follow State of Alaska regulations for further development, including those
covering a private well and wastewater treatment and disposal system.
3. 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. PZ2019-41
Page 2 of 2
4. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the lot
meets City standards for minimum lot sizes.
5. 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 Valhalla Heights 2019 Replat attached as Exhibit “A” be approved subject
to the following conditions:
Section 2. That the approval of the Valhalla Heights Osland Replat attached as Exhibit “A” be
subject to the following condition:
1. Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 30th day of October, 2019.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CITY CLERK
22
23
24
Exhibit A
25
PHI
L
L
I
PS DRDate: 1 0/21 /2019
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.
04934010, 04934011Lots 10 and 11, Block 11,Valhalla Heights SubdPart 4
Map for PZ2019-41(1:1,250 Scale).
0 12562.5 Feet
04934010Lot 10, Block 11
04934011Lot 11, Block 11
26
KENAI
SPUR
HWYPHILL
IPS
DRFERN STSHELL DRFIREWEED
LN
LUPIN
E
D
R
DEVRAY STWOLFE STSTANDARD DRWORTHAM AVEROBIN
D
R RICHFIELD DRSHANE CTDOGW
O
O
D
R
D
VALHALLA LNSHELL DR
Date: 10/21/2019
The information depicted here
on is for graphic representation
only of the best available sources.
The City of Kenai assumes no
responsibility for errors on this
map.
04934010, 04934011Lots 10 and 11, Block 11,Valhalla Heights SubdPart 4
Map for PZ2019-41(1:6,000 Scale).
0 600300 Feet
LEGENDZoning
Rural Residential (RR)
Rural Residential 1 (RR-1)
Suburban Residential (SR)
Limited Commercial
27
STAFF REPORT
To: Planning & Zoning Commission
From: Elizabeth Appleby, City Planner
Date: October 25, 2019
Subject: Resolution PZ2019-42 – Preliminary Subdivision Plat – Valhalla Heights White Replat
Applicants: John J. White
Mary L. White
5327 Kenai Spur Highway
Kenai, AK 99611
Submitted By: McLane Consulting, Inc.
P.O. Box 468
Soldotna, AK 99669
Requested Action: Preliminary Subdivision Plat – Valhalla Heights White Replat
Legal Description: Lots 3, 4, and 5, Block 9, Valhalla Heights Subdivision No. 1
Property Address: 5327 Kenai Spur Highway; 5301 Kenai Spur Highway; and 5295
Kenai Spur Highway
KPB Parcel No: 04925018, 04925019, 04925020
Lot Size: 23,097 square feet (0.53 acres)
27,443 square feet (0.63 acres)
31,799 square feet (0.73 acres)
Existing Zoning: Rural Residential
Current Land Use: Single Family Dwelling, Single Family Dwelling Accessory
Structure, and Vacant
Land Use Plan: Suburban Residential
28
PZ2019-42 Staff Report Page 2
GENERAL INFORMATION
John and Mary White are the owners of Lots 3, 4, and 5, Block 9, Valhalla Heights Subdivision
No. 1. On the owners’ behalf, McLane Consulting, Inc. has submitted a plat that would vacate the
property lines between the three lots to create one larger lot. The property owners currently have
their residence on one lot and their shop on another lot. Removing the lots lines would place the
primary and accessory residential structures on one lot.
John and Mary White would own the lot proposed to be Lot 3A, Block 9, as shown on the
preliminary plat of Valhalla Heights White Replat. The new parcel would be 1.891 acres
(approximately 82,272 square feet) and meets requirements of the Rural Residential (RR) zone.
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 October 25, 2019.
ANALYSIS
Access to the proposed Lot 3A is via the Kenai Spur Highway, a paved road maintained by the
State of Alaska, Department of Transportation. The proposed plat does not dedicate any
additional rights-of-way. Street names are denoted accurately on the preliminary plat.
The City of Kenai does not have water and sewer lines within this subdivision. The applicant has
installed a private well and wastewater treatment and disposal system to service the residences
that are currently located on the lots, pursuant to the Department of Environmental Conservation
regulations. Additional development would also be required to follow State of Alaska guidelines.
There are no utility easements dedicated by this plat. The lots are serviced by overhead utilities
located within the right-of-way of the Kenai Spur Highway.
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.
29
PZ2019-42 Staff Report Page 3
RECOMMENDATIONS
City staff recommends approval of the preliminary plat of Valhalla Heights White Replat, subject
to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
2. Add “Block 9” to the legal description on the proposed plat.
ATTACHMENTS
1. Draft Resolution No. PZ2019-42
2. Application
3. Preliminary Plat
4. Map
30
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2019 - 42
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT VALHALLA HEIGHTS WHITE REPLAT ATTACHED
HERETO AS EXHIBIT “A” BE APPROVED.
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 Rural Residential 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, the Kenai Spur Highway is a paved State-maintained road which provide access to
the property; and,
WHEREAS, utilities are provided by the overhead lines located within the right-of-way of the Kenai
Spur Highway which provide for orderly development of the property; and,
WHEREAS, the City of Kenai does not have water and sewer lines within this subdivision and the
property owners are not required to connect to City water and sewer lines; and,
WHEREAS, an installation agreement is not required; 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.
2. Pursuant to Kenai Municipal Code Title 17 Public Utilities and Enterprises, the proposed
lot is not required to connect to City water and sewer lines. A condition of approval is to
follow State of Alaska regulations for further development, including those covering a
private well and wastewater treatment and disposal system.
3. 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.
4. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the lot
meets City standards for minimum lot sizes.
31
Resolution No. PZ2019-42
Page 2 of 2
5. 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 Valhalla Heights White Replat attached as Exhibit “A” be approved subject
to the following conditions:
Section 2. That the approval of the Valhalla Heights Osland Replat attached as Exhibit “A” be
subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
2. Add “Block 9” to the legal description on the proposed plat.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 30th day of October, 2019.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CITY CLERK
32
33
34
Exhibit A35
KENAI SPUR HWYDate: 1 0/21/2019
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.
04925018, 04925019, 04925020,Lots 3, 4, and 5, Block 9,Valhalla Heights SubdNo. 1
Map for PZ2019-42(1:800 Scale).
0 8040 Feet
04925018Lot 3, Block 9
04925019Lot 4, Block 9
04925020Lot 5, Block 9
36
KENAI
SPUR
HWYPHILL
IPS
DRFERN STSHELL DRFIREWEED
LN
LUPIN
E
D
R
DEVRAY STWOLFE STSTANDARD DRWORTHAM AVEROBIN
D
R RICHFIELD DRSHANE CTDOGW
O
O
D
R
D
VALHALLA LNSHELL DR
Date: 10/21/2019
The information depicted here
on is for graphic representation
only of the best available sources.
The City of Kenai assumes no
responsibility for errors on this
map.
04925018, 04925019, 04925020Lots 3, 4, and 5, Block 9,Valhalla Heights SubdNo. 1
Map for PZ2019-42(1:6,000 Scale).
0 600300 Feet
LEGENDZoning
Rural Residential (RR)
Rural Residential 1 (RR-1)
Suburban Residential (SR)
Limited Commercial
37
38
39
40
41
42
43
44
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
OCTOBER 14, 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. Denali Subdivision Sexton Addition No. 2
KPB File 2009-194 [No Surveyor / Sexton]
Location: Kalifornsky Area; Kalifornsky 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. Vacate a 20-foot wide utility easement in the City of Kenai. Utility easement is on
the shared lot lines of Tract A and Lots 4, 5, 6, Block 1 of Bridge Road Subdivision
Number Two (Plat KN 0840068) and Lot 7A, Block 1 of Bridge Road Subdivision
Lockwood Addition (Plat KN 2004018); within Section 4, Township 5 North, Range
11 West, Seward Meridian, Kenai Peninsula Borough, Alaska. KPB File 2019-114V.
Petitioners: Peninsula Mini Storage LLC, of Kenai, AK and SBC Development Group,
Inc., of Soldotna, AK.
45
Planning Commission Tentative Agenda October 14, 2019
Page 2
*7. Commissioner Excused Absences
a. Cindy Ecklund, City of Seward
b. Dr. Rick Foster, Southwest Borough
c. Vacant, Ridgeway
*8. Minutes
a. September 23, 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. UNFINISHED BUSINESS - None
F. PUBLIC HEARINGS
1. Petition to vacate a 30-foot wide portion of Greatland Street public right-of-way in the
City of Homer. The right-of-way proposed to be vacated is unconstructed and located
within Section 19, Township 6 South, Range 13 West, Seward Meridian, Kenai Peninsula
Borough, Alaska. KPB File 2019-105V. Petitioner: Tom Livingston of Anchorage, AK.
2. Petition to vacate Backer’s Island Lane, a public right of way in the City of Seldovia. Also,
vacate the associated utility easement described as the front 10 feet of the 20 foot setback
and the full 20 feet within 5 feet of the side lot lines adjoining Backer’s Island Lane. The
right-of-way proposed to be vacated is unconstructed and located within Section 32,
Township 8 South, Range 14 West, Seward Meridian, Kenai Peninsula Borough, Alaska. KPB
File 2019-109V. Petitioner(s): Precious Earth Inc. of Bakersfield, California.
3. Ordinance 2019-__; An Ordinance correcting Ordinance 2019-13 by re-authorizing
retention or sale of certain real property obtained by the Kenai Peninsula Borough through
tax foreclosure proceedings, and thereby providing time to correct a notice deficiency
discovered after enactment of Ordinance 2019-13.
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18)
1. An application for a Conditional Use Permit to install a 50-foot by 4-foot elevated, light penetrating (ELP) access walkway and an 8-foot by 20-foot ELP fishing platform within the 50-foot Habitat Protection District of the Kenai River. Petitioner: Terence W. Johnson of
Kenai, AK. Physical Address: 45579 Fish On Drive, Kenai, AK. Legal Description: Section 19, Township 5 North, Range 10 West, Seward Meridian, KN 0840140, Castaway Cove
Subdivision Amended Lot 3, Block 6. Parcel Number: 055-256-30
46
Planning Commission Tentative Agenda October 14, 2019
Page 3
H. VACATIONS NOT REQUIRING A PUBLIC HEARING – None
I. SPECIAL CONSIDERATIONS
1. Building Setback Exception
Northridge Acres Subdivision Hopkins Addition
KPB File 2019-110; Resolution 2019-33
Location: On Eddy Hill Drive from Sports Lake Road and from Kenai Spur Highway;
Ridgeway
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
P. PENDING ITEMS FOR FUTURE ACTION
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, October 28, 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
ADVISORY COMMISSION MEETING LOCATION DATE TIME
Anchor Point Anchor Point Chamber of Commerce November 6, 2019 7:00 p.m.
Cooper Landing Cooper Landing Community Hall November 6, 2019 6:00 p.m.
Funny River Donald E. Gilman River Center TBD 6:00 p.m.
Moose Pass Moose Pass Community Hall TBD 6:30 p.m.
47
Planning Commission Tentative Agenda October 14, 2019
Page 4
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
Hope / Sunrise Hope Social Hall TBD 6:00 p.m.
The Kachemak Bay Advisory Planning Commission is inactive at this time.
48
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 Jeremy Brantley – Sterling • Paulette Bokenko-Carluccio – City of Seldovia • Cindy Ecklund – City of Seward Robert Ruffner – Kasilof/Clam Gulch • Paul Whitney – City of Soldotna Alternates: Dr. Rick Foster– Southwest Borough • Franco Venuti – City of Homer
Plat Committee Tentative Agenda
OCTOBER 14, 2019
6:30 p.m.
A. CALL TO ORDER
B. ROLL CALL
1. Election of Officers
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
a. Cindy Ecklund, City of Seward
3. Minutes
a. September 23, 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. Doyle Estates Subdivision Fifth Addition
KPB File 2019-112 [McLane Consulting Group / Doyle]
Location: on Karluk Avenue and Dalton Street S; Kalifornsky
Kalifornsky APC
2. Karluk Reef Hollier Replat
KPB File 2019-113; [Edge Survey & Design, LLC / Karluk Reef Inc] Location: on Reef Drive off Exchange Way and Kalifornsky Beach Road; Kalifornsky
Kalifornsky APC
3. Johansen Subdivision KPB File 2019-005R1 [Global Positioning Services, Inc. / Bureau of Indian Affairs, Johansen, Blizzard, Kidder]
Location: off Pipeline Road and Holt Lamplight Road; Nikiski 49
Plat Committee Tentative Agenda October 14, 2019
Page 2
F. FINAL SUBDIVISION PLAT PUBLIC HEARING - None G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED
I. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, October 28, 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
50
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
OCTOBER 28, 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
*4. Plats Granted Final Approval (20.10.070) - None
*5. Plat Amendment Request - None
*6. Utility Easement Vacations - None
*7. Commissioner Excused Absences
a. Syverine Abrahamson-Bentz, Anchor Point / Ninilchik b. Cindy Ecklund, City of Seward
c. Vacant, Ridgeway *8. Minutes
a. October 14, 2019 Planning Commission Meeting
D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
51
Planning Commission Tentative Agenda October 28, 2019
Page 2
(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. UNFINISHED BUSINESS - None
F. PUBLIC HEARINGS
1. A petition was received to vacate a Section Line Easements and Rights-of-Way with
associated utility easement in the Sterling area. The vacations are located within Section 35
and 36, Township 5 North, Range 10 West, Seward Meridian, Kenai Peninsula Borough,
Alaska. The rights-of-way to be vacated are portions of Mountain Ash Street, Paper Birch
Lane and Foster Avenue. KPB File 2019-117V. Petitioner(s): Cody R. McLane of Soldotna,
AK.
2. An application for the formation of a Single-Family Residential (R-1) local option zoning
district (LOZD) in the Funny River area. The area proposed for inclusion within the LOZD includes various lots from various River Bend Ridge Subdivision plats. Location: Certain lots
along Treeline Avenue, River Bend Drive, and River View Terrace Drive.
3. A modification application for a conditional land use permit for material extraction on a
parcel in the Anchor Point area. Applicant/Landowner: Harry Olson Parcel Number: 169-
012-13 Legal Description: A portion of the South ½ Southeast ¼, Section 9, Township 5
South, Range 15 West, Seward Meridian, excluding Olsen Hills Phase One Subdivision,
according to Plat 2006-68. Location: 35979 Sterling Highway Proposed Land Use: The applicant wishes to modify the required buffers on the parcel listed above.
4. A modification application for a conditional land use permit for material extraction on a
parcel in the Kasilof/Cohoe area. Applicant / Landowner: T & L Equipment, Inc. Parcel Number: 133-370-34 Legal Description: Southwest ¼ Southeast ¼ Southwest ¼, Section
31, Township 3 North, Range 11 West, Seward Meridian, excluding Cabin Avenue right-of-way. Location: 51822 Cabin Avenue Proposed Land Use: The applicant wishes to modify the
required buffers on the parcel listed above. G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) - None
H. VACATIONS NOT REQUIRING A PUBLIC HEARING – None
I. SPECIAL CONSIDERATIONS - None
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee will review 4 preliminary plat.
K. OTHER/NEW BUSINESS
L. ASSEMBLY COMMENTS
52
Planning Commission Tentative Agenda October 28, 2019
Page 3
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED
NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Tuesday, November 12, 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 November 7, 2019 7:00 p.m.
Cooper Landing Cooper Landing Community Hall November 6, 2019 6:00 p.m.
Funny River Funny River Community Center January 6, 2020 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 Advisory Planning Commission is inactive at this time.
53
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 Jeremy Brantley – Sterling • Paulette Bokenko-Carluccio – City of Seldovia • Cindy Ecklund – City of Seward Robert Ruffner – Kasilof/Clam Gulch • Paul Whitney – City of Soldotna Alternates: Dr. Rick Foster– Southwest Borough • Franco Venuti – City of Homer
Plat Committee Tentative Agenda
OCTOBER 28, 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
a. Cindy Ecklund, City of Seward
3. Minutes
a. October 14, 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. Seldovia Island 2019
KPB File 2019-109 [Ability Surveys / Precious Earth Inc.]
Location: Backer’s Island Lane that is accessed by water or air; City of Seldovia
2. Barker Subdivision
KPB File 2019-119 [Edge Survey & Design, LLC / Barker]
Location: on Entrada Drive and Louis Street, off the Sterling Highway; Sterling
3. Fort Morgan Subdivision Gossman Addition KPB File 2019-120 [Edge Survey & Design, LLC / Gossman]
Location: on Yukon Road off Byington; Kasilof
4. Bridge Road Subdivision 2019 Replat KPB File 2019-114 [McLane Consulting Inc. / Peninsula Mini Storage LLC and SBC Development Group Inc.]
Location: on Bridge Access Road and Beaver Loop Road; City of Kenai 54
Plat Committee Tentative Agenda October 28, 2019
Page 2
F. FINAL SUBDIVISION PLAT PUBLIC HEARING - None G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED
I. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Tuesday, November 12, 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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57
58
59
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Hazard Mitigation Planning ProcessDevelopment of a City of Kenai Hazard Mitigation PlanPlans must be updated every five years and approved by DHS&EM and FEMA and then be adopted by the community via City Council resolution for the community to remain eligible for FEMA grant funding.Public Meeting #1: October 30, 2019
An annex to the Kenai Peninsula Borough Hazard Mitigation Plan was prepared in 2010 and briefly listed natural hazard risks for the City of Kenai. The Plan has expired. LeMay Engineering & Consulting, Inc. was hired by DHS&EM to assist in creating a stand alone City of Kenai Hazard Mitigation Plan. The effort to develop this Plan is a public process, and you are invited to participate. Today is Public Meeting #1 as part of the regularly-scheduled Planning & Zoning Commission meeting on October 30, 2019. Within the next two weeks, the City will post the Draft 2019 Hazard Mitigation Plan on its website for review by the community and begin a 30-day public comment period. Public Meeting #2 will occur December 4 at the regularly-scheduled City Council meeting and will serve as a public hearing and forum to provide comments on the Plan. Today’s meeting is a forum to present a summary of the planning process and evaluate mitigation actions for the community. I welcome your input. Comments can be provided during this meeting or by email or phone. Send Jennifer LeMay, PE, PMP an email at jlemay@lemayengineering.comor call her at (907) 350-6061.
Which hazards are applicable for the City of Kenai?•Flood/Erosion•Wildland/Conflagration Fires•Earthquakes•Volcanic Ashfall•Severe Weather•Changes in the CryosphereFor the Hazard Mitigation Plan, we’re interested in information related to: •Hazard Identification, •Profiles (characteristics), •Previous occurrences, •Locations,•Extents (breadth, magnitude, and severity),•Impacts, and •Recurrence probability statements.
Plan Process•Public Meeting #1 on October 30, 2019.•Draft Plan available for public comment (Second Week of November, 2019).•Public hearing for Draft Plan (December 4, 2019).•State/FEMA review and pre-approval of Draft Plan.•Newsletter announcing Final Plan (the public may still comment).•City Council adoption.•Final Approval from State/FEMA. After the 2019 Hazard Mitigation Plan is completed, approved, and adopted, the City of Kenai will be eligible to apply for mitigation project funds from DHS&EM and FEMA for five years until the plan requires an update in 2025.Contacts:Jennifer LeMay, PE, PMP, LeMay Engineering & Consulting, Inc. Planner (907) 350-6061Brent Nichols, CFM, State of Alaska DHS&EM Hazard Mitigation Officer (907) 428-7085
Changes in the Cryosphere•The City of Kenai is not affected by glaciers, permafrost, or avalanches.•According to the 2018 U.S. Army Corps of Engineers’ Kenai Bluffs’ report, both sea ice and river ice collect at the toe of the Kenai Bluffs during winter months. Ice gouges the beach and causes damage.
Earthquakes•The entire geographic area of Alaska is prone to earthquake effects. The most recent large earthquake occurred on January 24, 2016, with a magnitude of 7.1 and was located 53 miles west of Anchor Point. A total of four homes were destroyed on Lilac Lane.•The USGS earthquake probability model places the probability of an earthquake with a likelihood of experiencing strong shaking within Kenai at 0.6 to 0.8 g PGA with a 2% probability in 50 years. A 2% probability in 50 years is a rare, large earthquake, and statistically, it happens on average every 2,500 years.
Flood/Erosion•The 2017 FEMA Risk Map study did not identify any areas of concern for the City of Kenai with regards to flooding.•The 2017 FEMA Risk Map study identified the Wastewater Treatment Plant at risk of erosion.•The Kenai Bluffs are 5,000 linear feet of high bank located in the City along the north bank of the Kenai River at the mouth of Cook Inlet. The U.S. Army Corps of Engineers completed a feasibility study in September 2018 that recommended installation of a protective berm at the bluff toe.
Mitigation Goals for the City of KenaiGoal ID Description1Reduce or eliminate loss of homes and property due to fires.2Reduce or eliminate the erosion of the bluff at the mouth of the Kenai River.3Prepare citizens and the built environment to better survive the hazards associated with earthquakes. 4Prepare citizens to adequately protect themselves and property from the hazards of volcanic ash.5Update the City’s Emergency Operating Plan to ensure the appropriate response to natural hazards.6Update the ARFT as an Emergency Operations Command Center.
Mitigation Actions for the City of KenaiAction IDDescription Pri-orityRespon-siblePartyPotential FundingTime-frame1Promote the FireWise program including public education programs in school and neighborhoods. Promote the development of defensible space and landscaping techniques to community and home construction contractor participation. Encourage the reduction of fuels in hazardous areas and egress routes in coordination with the Kenai Peninsula Spruce Bark Beetle Mitigation Office, State Forestry, and land owners.Trees infected with spruce bark beetle need to be identified and removed. High Fire ChiefDHS Preparedness Technical Assistance Program, HMGP, PDM Grants >1 year 2Seek funding for bluff protection measure recommended in the 2018 U.S. Army Corps of Engineers’ Kenai Bluffs study. High City PlannerCity, USACE, State Legislature1-5 years
Mitigation Actions for the City of KenaiAction IDDescription Pri-orityRespon-siblePartyPotential FundingTime-frame3In an effort to reduce property damage, the City will continue to adopt and enforce current building codes and construction standards that address the seismic concerns for the KPB. Prepare citizens and the built environment to better survive the hazards associated with earthquakes through the promotion of public education and the practice of sheltering in place. Encourage the preparation of citizens for self -sufficiency on a post-earthquake scenario.High City PlannerKPB School District, Emergency Services, DHS&EMOngoing4Continue cooperative effort with Kenai Peninsula Borough Office of Emergency Management, local media, and City of Kenai websites to provide the public with preparedness information prior to and during periods of increased volcano seismic activity.High City Planner City, KPB, AVO Ongoing5Update the City’s Emergency Operating Plan to ensure the appropriate response to natural hazards.High Fire Chief Fire Department 20206Update the ARFT as an Emergency Operations Command Center.Medium City Manager 2020-2025
Vulnerability of the City of KenaiPopulation2010 U.S. Census was 7,100.2016 ACS Data was 7,551. Houses and Critical Infrastructure 3,221 single-family residential structures per 2016 ACS. Critical facilities and infrastructure are being identified.