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Home My WebLink About2020-05-27 Planning & Zoning Packet Kenai Planning and Zoning Commission Meeting Page 1 of 2 May 27, 2020 Kenai Planning and Zoning Commission Meeting May 27, 2020 ꟷ 7:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city *Telephonic/Virtual Information Below* 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. *May 13, 2020 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 PZ2020-10 - Preliminary Subdivision Plat of Baron Park 2020 Replat, submitted by Segesser Surveys, 30485 Rosland St., Soldotna AK 99669, on behalf of City of Kenai, 210 Fidalgo Ave., Kenai, AK 99611 2. Resolution PZ2020-14 - Preliminary Subdivision Plat of Newton-Segura Subdivision, submitted by Segesser Surveys, 30485 Rosland St., Soldotna AK 99669, on behalf of Frank D. and Marilyn K. Newton, 260 Juliussen St., Kenai, AK 99611 and Peggy A. Segura, 270 Juliussen St., Kenai, AK 99611 F. PUBLIC HEARINGS G. UNFINISHED BUSINESS Page 1 Kenai Planning and Zoning Commission Meeting Page 2 of 2 May 27, 2020 H. NEW BUSINESS 1. Discussion - Kenai Municipal Code 14.20.180(c)(2) - Review Criteria for Variances I. PENDING ITEMS J. REPORTS 1. City Council 2. Kenai Peninsula Borough Planning 3. City Administration K. ADDITIONAL PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) L. INFORMATIONAL ITEMS M. NEXT MEETING ATTENDANCE NOTIFICATION 1. June 10, 2020 - Regular Meeting N. COMMISSION COMMENTS AND QUESTIONS O. ADJOURNMENT The agenda and supporting documents are posted on the City’s website at www.kenai.city. For additional information, please contact the Planning and Zoning Department at 907-283-8237. Virtual Participation (join Zoom meeting): https://us02web.zoom.us/j/82816829135 Meeting ID: 828 1682 9135 Password: 996364 OR Telephonic Participation: +1 253 215 8782 or +1 301 715 8592 Meeting ID: 828 1682 9135 Password: 996364 Page 2 File Attachments for Item: *May 13, 2020 Page 3 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING MAY 13, 2020 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING MINUTES A. CALL TO ORDER Commission Chair J. Twait called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Commission Chair J. Twait led those assembled in the Pledge of the Allegiance. 2. Roll Call Commissioners present: J. Twait, D. Fikes, V. Askin, R. Springer, T. McIntyre, J. Halstead Commissioners absent: G. Greenberg Staff/Council Liaison present: City Planner E. Appleby, City Clerk J. Heinz, Deputy Clerk J. LaPlante, Council Liaison H. Knackstedt A quorum was present. 3. Agenda Approval Chair Twait noted the following revisions to the agenda and packet: Add to Item D.1. Resolution No. PZ2020-07  Memorandum of Additional Recommended Conditions Add to Item F.1. Resolution No. PZ2020-04  Memorandum of Supplemental Information  Memorandum Attachment – Written Public Comment Letter from Mr. Jason R. Park and Ms. Hannah C. Parks, 740 Baleen Avenue  Memorandum Attachment – Kenai Municipal Code 14.22.010 Land use table MOTION: Commissioner Askin MOVED to approve the agenda with the requested additions to the agenda and packet and Commissioner Springer SECONDED the motion. There were no objections; SO ORDERED. Page 4 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 7 May 13, 2020 4. Consent Agenda MOTION: Commissioner Halstead MOVED to approve the consent agenda and Commissioner Askin 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 – G. Greenberg B. APPROVAL OF MINUTES 1. *April 8, 2020 The minutes were approved by the Consent Agenda. C. SCHEDULED PUBLIC COMMENT – None. D. UNSCHEDULED PUBLIC COMMENT – None. E. CONSIDERATION OF PLATS 1. Resolution PZ2020-07 - Preliminary Subdivision Plat of Beaver Loop Acres, Addition No. 2. The plat was submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, AK 99660, on behalf of Beaver Loop Sand and Gravel, LLC, P.O. Box 1290, Kenai, AK 99611 and the Estate of Patrick Doyle and Mary Doyle, 2243 Beaver Loop Rd., Kenai, AK 99611. MOTION: Commissioner Springer MOVED to approve Resolution PZ2020-07 and Commissioner Halstead SECONDED the motion. The City Planner provided the staff report noting the preliminary plat showed that the owner is subdividing parcels into several smaller lots. It was clarified that Beaver Loop Road was currently maintained by the State of Alaska and that maintenance would transfer to the City of Kenai upon completion of paving on Beaver Loop Road this summer. The City Planner further clarified that the proposed Tract A2, Beaver Loop Acres Addition No. 2 was currently a gravel pit operated under a City conditional use permit by Beaver Loop Sand and Gravel, LLC. It was the intention of the property owner to reclaim the lots for the development of the proposed subdivision and the subdivision was in alignment with the reclamation plans of Beaver Loop Sand and Gravel, LLC. City staff recommended approval of the preliminary plat of Beaver Loop Acres Addition No. 2, subject to the following conditions: Page 5 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 7 May 13, 2020  Further development of the property shall conform to all federal, State of Alaska, and local regulations;  The title block shall be revised to include that the re-subdivision also covers Lot 2, Beaver Loop Acres Subdivision, Plat 94-15;  The “former lot line” shall be labeled on Lot 2A. 4. The signature line for Patrick Doyle shall be revised to read “The Estate of Patrick J. Doyle, deceased”; and  The text box reading “Inlet” superimposed over the word “Map” in “Vicinity Map” shall be deleted. VOTE: YEA: McIntyre, Halstead, Springer, Fikes, Askin, Twait NAY: MOTION PASSED UNANIMOUSLY. F. PUBLIC HEARINGS 1. Resolution PZ2020-04 - Application for the rezoning of an approximately 10.6 acre parcel, described as a portion of the S1/2 SE1/4 SW 1/4, lying North of K-Beach Road, Section 17, T5N, R11W, excepting therefrom VIP Country Estates Subdivision Part 5 from Rural Residential (RR) to Limited Commercial (LC). The application was submitted by the majority property owners, Rick and Connie Vann, P.O. Box 561, Kasilof, AK 99610. MOTION: Commissioner Springer MOVED to approve Resolution PZ2020-04 and Commissioner Halstead SECONDED the motion. The City Planner reviewed the staff report and rationale for how the application met the approval criteria provided in the packet noting the LC Zone was more consistent with the layout of the parcel; adding that the applicant had indicated plans to construct a multi-unit complex that would have commercial development on the first floor. An overview of establishments and residential surrounding the parcel was provided, and concerns about increased traffic was included in the packet, addressing the restrictive and less restrictive uses. It was noted that the rezone request of 725 Baleen Avenue from the Rural Residential Zone to the Limited Commercial Zone was suitable for an approval recommendation by the Planning and Zoning Commission to the Kenai City Council. Commission Chair Twait opened the floor for public testimony. Owner Connie Vann noted this would create economic opportunity and development in Kenai, allowing new businesses to start out at home, to ease startup costs and allow business growth. Commercial access was anticipated from Kalifornsky Beach Road or VIP Drive, with private access for the home from Baleen Avenue. Resident Hannah Parks noted concerns with increased noise and traffic, safety of pedestrians, Page 6 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 7 May 13, 2020 and decreasing property value with the commercial lot and clearing of trees, and submitted a thorough letter to the Commission as provided in the laydown. There being no one else wishing to be heard, public comment was closed. Clarification was provided regarding acre size requirement and that this application was specifically about a zone change. Support was noted with commercial use across the street, a zone change for potential business purpose was highest and best use for this property. Residents were thanked for submitting public comment. VOTE: YEA: Fikes, Springer, McIntyre, Askin, Twait, Halstead NAY: MOTION PASSED UNANIMOUSLY. 2. Resolution PZ2020-11 - Application for a Conditional Use of a Six-Plex for Senior Housing, on an approximately 1.215 acre parcel, described as Lot 1, Kenai Meadows, and located at 2392 Redoubt Avenue. The application was submitted by Kenai Peninsula Housing Initiatives, Inc., P.O. Box 1869, Homer, AK 99603. The City Planner reviewed the staff report and rationale for how the application met the approval criteria provided in the packet noting this foreclosed property was donated to Kenai Peninsula Housing Initiatives, Inc. in 2016 for restricted income and senior housing. It was further noted the applicant obtained a conditional use permit to construct one six-plex that was completed and in order to add a second six-plex to the parcel, a conditional use permit must be granted by the City of Kenai. The maximum lot coverage allowed under Kenai Municipal Code 14.24 was clarified, noting the applicant exceeded it by approximately 630 square feet and an application for a variance permit was also submitted, which was contingent upon approval of the conditional use permit for the additional structure. City staff found that the applicant met the criteria for issuance of a Conditional Use Permit as set forth in Kenai Municipal Code 14.20.185, and recommended that the Planning and Zoning Commission approve the Conditional Use Permit application, subject to the conditions outlined in the resolution. MOTION: Commissioner Springer MOVED to approve Resolution PZ2020-11 and Commissioner Askin SECONDED the motion. Commission Chair Twait opened the floor for public testimony. Owner Connie Vann noted that when the property was donated it was the intention to put two buildings on it. Page 7 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 5 of 7 May 13, 2020 There being no one else wishing to be heard, public comment was closed. Favor was expressed with the current building’s positive aesthetics and project management, providing improvement to the area. VOTE: YEA: Twait, Askin, Halstead, Fikes, Springer NAY: McIntyre MOTION PASSED. Chair Twait noted the 15-day appeal period. 3. Resolution PZ2020-12 - Application for a Variance of Kenai Municipal Code 14.14.020 - Maximum Lot Coverage, on an approximately 1.215 acre parcel, described as Lot 1, Kenai Meadows, and located at 2392 Redoubt Avenue. The application was submitted by Kenai Peninsula Housing Initiatives, Inc., P.O. Box 1869, Homer, AK 99603. The City Planner reviewed the staff report noting a variance application was submitted due to the lot coverage size being 630 square feet over what was allowed by Kenai Municipal Code. She added that the donation of this property was specifically for the purpose of restricted income and senior housing, and the value of the property would revert to the City if a sale occurred within 20 years of the land transfer. City staff finds the applicant meets the criteria for issuance of a variance permit in accordance with Kenai Municipal Code and recommended that the Planning and Zoning Commission approve the application, subject to the following conditions:  Further development of the property shall conform to all federal, State of Alaska, and local regulations;  Prior to issuance of a Building Permit for an additional structure on the property, a Landscape/Site plan must be reviewed and approved by the City Planner; and  Prior to issuance of a Building Permit for a second six-plex, a conditional use permit must be approved by the City of Kenai Planning and Zoning Commission. Commission Chair Twait opened the floor for public testimony. Owner Connie Vann reiterated that it was always the intent to have two buildings on the lot. The funds were previously awarded and granted for this purpose, and until recently was not aware of the variance concern. There being no one else wishing to be heard, public comment was closed. Clarification was provided that even if this application was approved, the 15-day appeal must pass on the Conditional Use Permit before the variance approval was valid. Commissioner McIntyre noted concern that the second condition was not met and subsequently lost connection from the meeting. Page 8 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 6 of 7 May 13, 2020 COMMISSIONER MCINTYRE DISCONNECTED FROM THE MEETING AT 8:25 PM COMMISSIONER MCINTYRE RE-JOINED THE MEETING AT 8:31 PM VOTE: YEA: Askin, Halstead, Fikes, Springer, Twait NAY: McIntyre MOTION PASSED. Chair Twait noted the 15-day appeal period. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS – None. I. PENDING ITEMS – None. J. REPORTS 1. City Council – Council Member Knackstedt reported on the actions from the April 15 and May 6, 2020 City Council meetings. 2. Borough Planning – Commissioner Fikes reported that an anadromous waters habitat protection permit application was denied; will be able to pursue a conditional use permit; a lease was recommended to the Borough Assembly for a wireless communication tower in Kenai; and the Borough Planning and Zoning Commission would be reorganized. 3. Administration – City Planner Appleby reported the Hazard Mitigation Plan was adopted and annexed to the Borough’s plan; the budget and efficiency initiative report would be before Council at their next meeting; and an overview was provided of the permit approval process for the wireless communication tower. K. ADDITIONAL PUBLIC COMMENT – None. L. INFORMATIONAL ITEMS – None. M. NEXT MEETING ATTENDANCE NOTIFICATION – May 27, 2020 N. COMMISSION COMMENTS & QUESTIONS Commissioner McIntyre noted regret with missing a portion of discussion and would be contacting the City Attorney to discuss specifics of the applications. Chair Twait encouraged completion of the 2020 Census. Page 9 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 7 of 7 May 13, 2020 O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 9:12 p.m. Minutes prepared and submitted by: ____________________________ Jacquelyn LaPlante Deputy City Clerk Page 10 File Attachments for Item: Resolution PZ2020-10 - Preliminary Subdivision Plat of Baron Park 2020 Replat, submitted by Segesser Surveys, 30485 Rosland St., Soldotna AK 99669, on behalf of City of Kenai, 210 Fidalgo Ave., Kenai, AK 99611 Page 11 STAFF REPORT TO: Planning and Zoning Commission FROM: Elizabeth Appleby, City Planner DATE: May 20, 2020 SUBJECT: PZ2020-10 – Baron Park 2020 Replat Applicant: City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Submitted By: Segesser Surveys, Inc. 30485 Rosland Street Soldotna, AK 99669 Requested Action: Preliminary Plat - Baron Park 2020 Replat Legal Description: Tracts One through Five, inclusive, Baron Park 2012 Addition Property Address: 550 Daubenspeck Circle; 450 Daubenspeck Circle; 500 Marathon Road; 450 Marathon Road; and 400 Marathon Road KPB Parcel No: 04501032; 04501033; 04501034; 04502035; and 04502036 Lot Size: 9.37 acres (408,157 square feet); 9.29 acres (404,672 square feet); 6.17 acres (268,765 square feet); 6.85 acres (298,836 square feet); and 7.62 acres (331,927 square feet) Existing Zoning: Light Industrial (IL) Current Land Use: City Shop, Fire Training Facility, Vacant (available for lease); and Daubenspeck Family Park Land Use Plan: Institutional (Tract 2); Industrial (Tracts 1, 3 and 4); and Parks, Recreation & Open Space (Tract 5) Page 12 Page 2 of 3 GENERAL INFORMATION Segesser Surveys, Inc. has submitted a preliminary plat on behalf of the City of Kenai. The plat affects the parcels described as Tracts One through Five, inclusive, Baron Park 2012 Addition. The lot lines between Tracts Four and Five will be reconfigured to add square footage to the Tract to be known as Tract 5A, Baron Park 2020 Replat to accommodate the development of a dog park adjacent to Daubenspeck Family Park. The lot lines between Tracts One and Two will be reconfigured to add the area designated for the cell tower to Tract 1A, Baron Park 2020 Replat. Finally, the plat of Baron Park 2020 Replat will dedicate a sixty-foot right-of-way along the existing roadway between Tracts 3A and 4A and vacate the turnaround at the North end of Daubenspeck Circle. These changes were made after City Council held a work session in 2019 to discuss the Baron Park Subdivision properties. City Council passed Resolution 2019-55 and 2019-54 to amend management authority between the Airport Fund and General Fund to accurately reflect investment and responsibility. The memorandum for these Resolutions mentions the City’s plan to move forward with a subdivision to address the issues with the existing and unplatted road, the dog park, and the communication tower. The change to add the communication tower to proposed Tract 1A will keep it under management of the City’s General Fund. Proposed Tract 2A contains the Fire Training Facility and is under management of the City’s Airport Fund. Proposed Tract 4A would still be available for lease and under management of the Airport Fund. Proposed Tract 5A would contain the dog park and Daubenspeck Park and would be under management of the City’s General Fund. Tract 3A would remain under management of the Airport Fund and the existing road along the southern boundary would be dedicated by the plat. 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 surveyor completed the plat submittal form on behalf of the property owners. 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 May 22, 2020. ANALYSIS Page 13 Page 3 of 3 Access to the proposed tracts is via Marathon Road, Magic Avenue, and Daubenspeck Circle, which are paved (Marathon) and gravel (Magic and Daubenspeck) and maintained by the City of Kenai. The proposed plat does not vacate any of the existing utility easements or clearing easement within the tracts and the existing right-of way of Daubenspeck Circle. City of Kenai water and sewer lines are within the right-of-ways of Marathon Road, Magic Avenue, and Daubenspeck Circle and the interior of Tract Two, Baron Park 2012 Addition. An installation agreement is not required. 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 Baron Park 2020 Replat, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. ATTACHMENTS 1. Resolution No. PZ2020-10 2. Application 3. Preliminary Plat 4. Current Plat with Changes 5. Aerial Map Page 14 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-10 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT BARON PARK 2020 REPLAT ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Segesser Surveys, Incorporated; and, WHEREAS, the plat meets City Code requirements of the Light Industrial Zone; and, WHEREAS, street names are referenced correctly; and, WHEREAS, the plat maintains existing utility easements and clearing easement; and, WHEREAS, the plat will not change the existing access to the properties; and, WHEREAS, Marathon Road is paved and Magic Avenue and Daubenspeck Circle are gravel and City-maintained roads providing access to the property; and, WHEREAS, the plat dedicates a sixty-foot right-of-way along the existing road between Tract 3A and 4A, Baron Park 2020 Replat; and WHEREAS, the plat vacates a portion of the turnaround at the north end of Daubenspeck Circle.; and WHEREAS, an installation agreement is not required; and, WHEREAS, the plat is consistent with City Council Resolutions 2019-55 and 2019-54 regarding the Baron Park Subdivision plat and management authority between the City’s Airport Fund and General Fund; 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. Page 15 Resolution No. PZ2020-10 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 preliminary plat of Baron Park 2020 Replat be approved subject to the following conditions: 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 27th day of May, 2020. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, CITY CLERK Page 16 Page 17 ~ I I f----1 I I 0 • .l 1/•" -llriUlll CN' wo..,,¥011 ro.,ro ~tr~·~""'~ )Jr~·~C,,,.~tl1 lllCCCJttl DA~ lli\A~ IO'J~M 4llD KN 2007-8 Troct Al I I I KN 2013-44 I Lot 8 NQIES; 0 () I I I I 1) lll• ~;.. ... 11.;.ct to C:..t79' K-°"8't• I•,... ..... ,..,.~ ...... :t) .... CJf NOflfl9 .... ~""' .... ~ P.,,a., 20'J ..._._ .... ,,., »t-lt. ~e"d RK'O'dnfo;.trlt-1. ----t ,/I ,, ";/ r J) r...,11 .. Oe...t~I ~ tNI IUOflwtJ' -'!ol C:Of'IO'l'll le • • ..., .. , kel.e 0, ........ Ol'MltocClil t~ 4) ftot11 1:. lff'l oopc.it to 1~1 ... of--01 i. °'" • t1ll•l1 .. .....,_.., ,.. 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Ala.slit• t9tU J (00?) ••• _,,_ ....... ..... ,. .... ••J0-20:t0 Wllt\l'[O -·-"""' 1·-1w , ... _. .... Kn . .... Page 18 s UOUID ( I Roco~ Cota KN199NS1 UNSUBD/V/Of:D BASIS Of BEAAJNG N 198•2,.,r IE um. 1T (126$.00"J 694.00' 1! ,, ,, ,, ,, 11 ,, ,, '1 ~I ~, 'I ,, 'r r, ,, fi Ut.10' TRACT 3 0.1MAC )O'IJTlJTYuarl" CENTERED OH LOT IJriE L .. 1 I --' i;,;.;;...-~-----------------------------------------+.-~ ~\co.4'C-~ ,. ete.\st\ftl I • !!/ . .;;,J ;r ::~ ~ .i f .. 8 e-,,i lt '~Q !!~'l e I Z i ~:: ~: i I I I I .. ,.. . ~, !Ci, 0 ~! 1, ~ ~ .. f1 I i ,1 ,1 ,1 ,1 !f 1, 1, 1, I. I' ,1 ,1 ,, ,1 1' ~' g: TRACT 4 N es·1Sw e 1suw -: -· ----..... :---;-. . ~ ,/ -:-· ....•........... ·1 /. ~ ·. ·. · ......... · TrcAcT s '. ·. ·. ·. ·. ·. ·. ·. 1 (:. "') •.•••••. ·~ •••••• ··~-.,,.'-· .. • •. • .. • .• · •• • ••• •• · .• ·.~I /• .......... . 1'· ... --.... ·,,,..~ ----........ -. -\ I. II II II /I ii ,; r ..................... /' -. ... I '\... ") I // Ii II ~ . . . . . . . . . / '-. . . . . . . . / / ...... _._·~-~ / :-.::-,1 11 1 I 10"UTIUTYEAWT ,i--.. ·~ II II II 11 I I ii ti 11 11 II .../ :..1_ tl' 1.1r1l.rt'Y EAWT r::~ ""'...,..,,,, .... TRACT 1 9.370AC TRACT 2 11.1.SfilAC I I 79U3' ~Ml-UWE 133016' • 1 · (SIJ!J"?l"J'rW fJ.Xl,CQ") ~ AVMU• ---___ --_ _L. --. ------_J1! !!..__ -----------~· ---____ ~!IL_ ------~~TL---------N SS~3'S9' E 13958'' __ !'!'~~-- N 88°24'!3" E 2N.\3' (."88'20rw 201.~') HOTH Development or thlo wbcllvlsion io subject to the Ci1y of Konoi Zooln~ Regula11<>n1. The ifont 10 i..t tlong U10 cled""8d ri\:ht..,....oy and 20 feet wi<hln 5 :Wt of the 1Kle loC IWIH io • "*-!-~ No permenenl ttruc:turt ahd ce CX>Mtrueted or placed y,itt;in a utilit)' eoaerMnt wh.ch wcukl ilterfere with the libiity O: • utffity to use t:-.e eesemunt. An excep(ion to KPD 20.20.1~0 . tmck length , v.aa gran1ed by the plat committee on , i/0512012. Ae<eptance of the plot by the Boro119h doe• not lndicol• oocepl>lnoe of •ny ellQtlldwnentl by the ~ oi Konei or the r.enei Poniil1u!.i 8 0tough. I I I I ---------------------1-I I I I I !OT 1 W/\STEWA TER DISPOSAL: Pfllns tor w11tewater dispau l, ttlat rMet r.gulatory f9<1UITTl~nt; •re on f!le ct the OlpartmMlt of En'vlmnrnentll CcnMM<'.lo<\ I I I I I I I I I- ~ ~ ~ g :> ~ CUOVE RADIUS Cl ''"'" C2 201X7 C3 20."1 C4 ... 00 C> IO.UC7 co I0.00 C7 ''""' cs 20."1 TRACT 1A --OC-1.TA TAfr'OEN f C'10f10 ~~~~·=~tMG t16.73' ,,......... \00.04' .... 5' 31"2' ao·o1·~ 20.01' 21.:CIJ N43'UU7'E 15.llO' <M"4.4'5e" 11.18' 15.12' N2:1"<rl!O'"w ~.90' 44"4 1?5" ''""" 36.01' su·u~E 7130' IW.Q'eo' ... 7T ,. ... 6 0-X'J'C'W-- 111.sa 13'4·24~· 111.111 ..... HN~V"W ""'°' 144-z.a·.w l .1fll' 15.12' s:incoo-w :.u1· ......... "-"' n 2a' S 4e"Jr'.C1"E I I UNSUBDl'llOEO Plat # ~~OUT. OAT> l.:J ./3 l<AZ TIM(.~bJ.s:-A.#. CllRTIPICATI! OP OWNlt'.118"1fl AND DllDICATIOH We heroby oenify thot we ,,. tht ownora oltht -p:npotly '"°""' on<l doo<ribod ~ ond tho! we hel9by odQlll lhlo pl"1 ol •ul>dMsion ond by OU<-oonMntdedle*lll ~y to Mc "iitra11.....-10 theuoe ohown. AICk KckH • CITY MANll 60> CITY CF KENAI · ZlO FIDAl.&O KENAI, Ak 99611 NOTIJIY"S ACKNOWl.l!DODlll!lfT SUbo-I nd twOm before me thio !''Ill day of DE:<f:i..1SE-g 2012 -- For )l.\C.)? Ko'" ~~ My Commi11ion Expires ~f: flLAT Al'rtlOVAL This plat was apptt>'ied by tho KM\ol Poninaulo 8C<ougt: Pl'""""' Comn>iooion ot the IT1fftlnv ol !l•ti"liW 5, lO 11- KENAJ rENINSULA BOROUGH By: '/l t.;;;/ f, 't'J..,.r/-- A di1Z'9dO!!lci1I l:ENAI AECCIU>INS DISTRICT BARON PARK 2012 Addition A ~ESU80MSJON OF W.ACTS M-A. A.-1-ll BARON PA.qK SUdOMSION ARE AOOlTlON (KNVl-61) LOCATEOWTHI NTHE W112 s eC.33, TSN, ~1 1W, s~. AK CITY OF KENA.I , KENAI PE!°'INSU tA BOROUGH • 40.S53 ~ WH ITFC!RD S U RVEYIN G PO Y O X 4 03 2 • SCL.OOTNA , AK 9 966c;, '.9071 :198•67 0!5 ---------,-------·-----t SUftil!YtO. IM !i.2012 $'"'.AL; r•100' Page 19 Page 20 File Attachments for Item: 2. Resolution PZ2020-14 - Preliminary Subdivision Plat of Newton-Segura Subdivision, submitted by Segesser Surveys, 30485 Rosland St., Soldotna AK 99669, on behalf of Frank D. and Marilyn K. Newton, 260 Juliussen St., Kenai, AK 99611 and Peggy A.Segura, 270 Juliussen St., Kenai, AK 99611 Page 21 STAFF REPORT TO: Planning and Zoning Commission FROM: Elizabeth Appleby, City Planner DATE: May 22, 2020 SUBJECT: PZ2020-14 – Preliminary Subdivision Plat – Newton-Segura Subdivision Applicants: Frank D. and Marilyn K. Newton 260 Juliussen St. Kenai, AK 99611 Peggy A. Segura 270 Juliussen St. Kenai, AK 99611 Submitted By: Segesser Surveys. 30485 Rosaland St. Soldotna, AK 99669 Requested Action: Preliminary Subdivision Plat – Newton-Segura Subdivision Legal Description: Tract A1, Quandt Subdivision 2014 Replat and a portion of Government Lot 3, Section1, T5N, R11W as per Deed 71 at Page 324 Property Address: 260 Juliussen Street 270 Juliussen Street KPB Parcel No: 04926069 04926037 Lot Size: 1.05 acres (approximately 45,738 square feet) 0.56 acres (approximately 24,394 feet) Existing Zoning: Rural Residential (RR) Current Land Use: Residences Land Use Plan: Low Density Residential Page 22 Page 2 of 3 GENERAL INFORMATION Segesser Surveys has submitted a preliminary plat on behalf of Frank D. and Marilyn K. Newton and Peggy Segura. The plat affects the parcels described as Tract A1, Quandt Subdivision 2014 Replat (04926069), and a portion of Government Lot 3, Section 1, Township 5 North, Range 11 West, as described in Deed 71 at Page 324 (04926037). The preliminary plat shows that the owners are moving the property line between the two parcels in order to alleviate an encroachment. The existing driveway providing access to the parcel owned by Peggy Segura (04926037) encroaches onto the parcel owned by Frank D. and Marilyn K. Newton (04926069). 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. 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 May 22, 2020. ANALYSIS Access to the proposed lots is via Juliussen Street which is gravel and maintained by the City of Kenai. Juliussen Street connects to Beaver Loop Road, which is paved and with maintenance to be taken over by the City of Kenai later this summer. The proposed plat does not dedicate any additional rights-of-way. The plat does include a notation that no private access to City maintained rights-of-way permitted unless approved by the City of Kenai. As such time as the Beaver Loop Road Improvement and Pedestrian Pathway Project, identified as Project No. 53456 is completed, ownership of the Beaver Loop right-of-way shall transfer to the City of Kenai and the City of Kenai will maintain Beaver Loop Road. City of Kenai water and sewer lines are not available to the proposed subdivision. Property owners have installed private wells and Alaska Department of Environmental Conversation approved septic systems. An installation agreement is not required. Plat note number six (6) on the proposed plat addresses wastewater disposal on the property. The note provides that the soil conditions, water table levels, and soil slopes in this subdivision have been found suitable for conventional onsite wastewater systems serving single-family or duplex residences. Any other type of onsite wastewater treatment and disposal system must be designed by a professional engineer, and the design must be approved by the Alaska Department of Environmental Conservation. Page 23 Page 3 of 3 A fifteen-foot (15’) easement for utilities is located along the property lines adjacent to the rights- of-way for Beaver Loop Road and Juliussen Street. 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. Remove plat note 4 because the City will be taking over Beaver Loop Road and there will not be adjacent State maintained right-of-way; renumber remaining plat notes to continue sequentially to have notes 1 through 7. ATTACHMENTS 1. Resolution No. PZ2020-14 2. Application 3. Preliminary Plat 4. Aerial Map Page 24 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-14 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT NEWTON-SEGURA SUBDIVISON ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Segesser Surveys, Incorporated; and, WHEREAS, the plat meets Municipal Code requirements of the Rural Residential Zone; and, WHEREAS, street names are referenced correctly; and, WHEREAS, the plat grants a fifteen-foot (15”) utility easement adjacent to the rights-of-way of Beaver Loop Road and Juliussen Street; and WHEREAS, the plat will not change the existing access to the properties; and, WHEREAS, Juliussen Street is a gravel and City maintained road providing access to the property; and, WHEREAS, Beaver Loop Road is a paved and City maintained road providing access to the property; 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, and the preliminary plat meets standards for water and wastewater. 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. 3. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the proposed lots meets City standards for minimum lot sizes. 4. Pursuant to Kenai Municipal Code 14.24.020 General Requirements, the proposed lots meet City standards for minimum lot width, maximum lot coverage, maximum height, and setbacks. Page 25 Resolution No. PZ2020-14 Page 2 of 2 NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of Newton-Segura Subdivision be approved subject to the following condition: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Remove plat note 4 because the City will be taking over Beaver Loop Road and there will not be adjacent State maintained right-of-way; renumber remaining plat notes to continue sequentially to have notes 1 through 7. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 27th day of May, 2020. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, CITY CLERK Page 26 Page 27 ~ 0 1•/Y•&.ss.c.>PlllCHfa..t.O • ~ lltlM •l'\.t.S1'C """'°""'° o vr 'lllAlll •l"lM'llt w i.Sle)t stt ( ) MCOllD D.AT\N ..... , »1-•• .. .NQT.ES.. 1) Sc.;., ot 0e«ir9 ...... ·-loslB v •• ~ ,_.., '"'"· "'-' U-17.J. ICa"tol lltecor...,OlirttlCL 1) r _,.,,_. ..... CllPl"W'I 91 lhe P'OP'9'tt ..... _,,,_,!!\ t. tfl , ..... , $1911• •I N ...... ol!odtocd1~1..,. 3) ~en1 ''"'"'"'"'Ctr•' .i.,,1 ~ t• z-. It"°'"'..,..,..,, Ht.,""',• occ:"' to°'',.......,.,... ~ ...,.,..,, °""_.. •1 tt1• c11, M 11Ct1N11 •) No cit+ ... 1.0 O<tff• '' S1•t• l'IWll!ltalMd ~. """'"'" ... 1 ... -..... ... c.1 tM Stol• 01 AIOtlio 0-0.ll'!'llfflt Of '"''""'totlO!o. !I) ffi...11 Ol'CIP~l'I ;,. tottijt<t t.o • '"°"'t'Cl:ot\ •f .. ~I jOf 111.,. .. , "''""' °""' .... , o~t• •""" '"-*'"r 10t •te>'fftiOftot, "'"''., •lflltr ~ IH ditel~tl)'P11411fc WtlO OfW Nt. 60!, W Gmft\ ... •1 '"*'.c ...,,,.. 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NOT•"~ f~ "'ASJ(A M"' CCtittit1»t C"'1'11S NOTARY'S ACKNOWLEDG.filim ·~~------------~ AOt'~ •CC ..C-"--C•T ti ~ MJ'l#t'f 11\.aJC IO!t M.A$1C'A ltlYQ)rll'lll"°"'( ... 1 --- .l::i.QIAlffS ACK~OW!.EDGEMEKT ·~~------------~ -.QC""a..LDQ(O 111(111( Ill( •--.__ OAT IT 20_. "'°'~,. "-*'C 'Olt At.A5K.A ""CDir'-""°""c...-s ___ _ KPB nu:: ~o Ne wlon Seaure Subdivision A ,...,.t>d'"""'°" 01 l,oc.t A. Ovondt ~bel•\of••or'I 201' Addlllon oiMS 1t10 ll"(lt:IC'flt Oot«leed "" s.H·ol nUIT'bef 2010-010620-0 l<tnOI RKOld•flt O+ttflct ~O<ottd -'1~ U1• N(l/4 t.•1/• SK I ~ I, 16H lhlW !>.», °'' ., lfOllel. l(tMI ,_..., ..... 9' ~ c.,..1-"" 111n.u s..r .. S:aa11ar s ·urveys :504Ub Ro•l•nd St Soldotne. AK mtlt (90'1) ···---""'"" ..... P'4C¥f.I> vo,, J010 f'C\DIOI)( ,..., o.-· ,.....1;.11 .... M•rlty. ... .., ,....... I ft•••\.M 71'0 .l•ttt:"«O 9l U0 l11ll\nN • k ltt:M&, •JC INJI KH •l,AltMtll ........ ~16->t»O ''"" 1·-w """ Page 28 Parcels 04926069 and 04926037 260 and 270 Juliussen Street Tract A1, Quandt Subdivision 2014 Replat and a portion of Government Lot 3, Sec 1, T5N, R11W GA B R I E A D D I T I QUANDT SUBD.2014 REPLATP H I L W I L SO N S U B D 1 1 3 4 2 2 1 1 2 TR. A 3452 6 0 3501745451745452 4 5 2 5 5 2 4 5 2 5 5 2 7 0 4945442 2 8 0 3253353452 7 0 4945442 2 8 0 32533504926069 04926037 J U L I U S S E N S TBEAVER LOOP RDDOLCHOK LNALEENE WAY .Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. Date: May 2020 LEGEND Parcels Amended by Preliminary Plat 04020 Feet Preliminary Plat Aerial Map Page 29 File Attachments for Item: Discussion - Kenai Municipal Code 14.20.180(c)(2) - Review Criteria for Variances Page 30 MEMORANDUM TO: City of Kenai Planning and Zoning Commission FROM: Elizabeth Appleby, City Planner DATE: May 22, 2020 SUBJECT: Discussion – KMC 14.20.180(c)(2) At the City of Kenai Planning and Zoning Commission meeting held on May 13, 2020, Commissioners requested clarification on Kenai Municipal Code 14.20.180(c)(2), which states the following condition to be met for granting a variance permit: The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. The City Attorney will be present at the City of Kenai Planning and Zoning Commission meeting on May 27, 2020 to discuss Kenai Municipal Code 14.20.180(c)(2). Cc: Scott Bloom, City Attorney Page 31 File Attachments for Item: City Council Page 32 Kenai City Council - Regular Meeting Page 1 of 5 May 20, 2020 Kenai City Council - Regular Meeting May 20, 2020 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska *Telephonic/Virtual Information on Page 4* 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 TO 06/17/2020. Ordinance No. 3117-2020 - Appropriating Funds in the Airport Fund, Accepting a Grant From the Federal Aviation Administration and Appropriating Funds in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment (SRE) – Loader with Attachments. (Administration) [Clerk’s Note: This Item was Postponed to this Meeting from the May 6, 2020 Meeting; A Motion to Enact is on the Floor.] 2. ENACTED UNANIMOUSLY. Ordinance No. 3120-2020 - Accepting $26,545.90 in Asset Forfeiture Sharing Funds and Appropriating those Funds into the Police Machinery & Equipment and Small Tools Accounts for the Purpose of Purchasing Law Enforcement Equipment. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3121-2020 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2020 and Ending June 30, 2021, Amending the Salary Schedule in Kenai Municipal Code Chapter 23.55- Pay Plan and Amending Employee Classifications in Kenai Municipal Code Chapter 23.50. (Administration) Page 33 Kenai City Council - Regular Meeting Page 2 of 5 May 20, 2020 4. ENACTED UNANIMOUSLY. Ordinance No. 3122-2020 - Accepting and Appropriating a Volunteer Fire Assistance (VFA) Grant From the United States Department of Agriculture Forest Service Passed Through the State of Alaska Division of Forestry for the Purchase of Forestry Firefighting Equipment. (Administration) 5. ENACTED UNANIMOUSLY. Ordinance No. 3124-2020 - Accepting and Appropriating a Meals on Wheels COVID-19 Response Fund Grant from Meals on Wheels America for Kenai Senior Center Expenditures in Support of COVID-19 Pandemic Response. (Administration) 6. ENACTED UNANIMOUSLY. Ordinance No. 3125-2020 - Accepting and Appropriating Additional Nutrition, Transportation and Support Services Grant Funds From the United States Department of Health and Human Services Passed Through the State of Alaska Department of Health and Social Services for Kenai Senior Center Expenditures in Support of COVID-19 Pandemic Response. (Administration) 7. ENACTED UNANIMOUSLY. Ordinance No. 3130-2020 - Decreasing Estimated Revenues and Appropriations in the General Fund, Increasing Estimated Revenues and Appropriations in the COVID-19 CARES Act Recovery Fund and Accepting Federal Cares Act Funding Passed Through the State of Alaska for Expenditures in Response to the COVID-19 Pandemic, Waiving the $5,000 Limitation in KMC 7.25.020 (A) on These Funds to Allow the City Manager to Allocate the Funds to the Proper Account As Needs Arise and Declaring an Emergency. (Administration) 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Adoption (Requires Five Affirmative Votes) 8. ADOPTED UNANIMOUSLY. Resolution No. 2020-25 - Fixing The Rate Of Levy Of Property Tax For The Fiscal Year Commencing July 1, 2020 And Ending June 30, 2021. (Administration) 9. ADOPTED UNANIMOUSLY. Resolution No. 2020-26 - Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes Included in the FY2021 Budget to Include Adjusting the Kenai Municipal Airport Apron Rental Rates, Airport Reserve Land Annual Lease Rates, and Adjusting the Monthly Rental Rates at Vintage Pointe. (Administration) 10. ADOPTED UNANIMOUSLY. Resolution No. 2020-27 - Encouraging the Governor to Modify COVID-19 Health Mandate 010: International and Interstate Travel - Order for Self Quarantine, by Allowing Interstate Travel and Implementing Alternative Safety Measures to Support Alaskan Businesses that Rely on Seasonal Tourism While Recognizing the Successful Efforts of the State Leadership and Alaskan Residents to Slow the Spread of COVID-19. (Council Members Peterkin and Pettey) 11. ADOPTED UNANIMOUSLY. Resolution No. 2020-28 - Authorizing Contracts for Employee Health Care and Other Benefits Effective July 1, 2020. (Administration) 12. ADOPTED UNANIMOUSLY. Resolution No. 2020-29 - Adopting the Capital Improvement Project Plan (CIP) for Fiscal Years 2021-2025. (Administration) Page 34 Kenai City Council - Regular Meeting Page 3 of 5 May 20, 2020 13. POSTPONED TO 06/17/2020. Resolution No. 2020-30 - Recommending the Kenai Peninsula Borough Assembly Enact Ordinance 2020-24 which would Provide for Vote by Mail Elections, More Time Between a Regular Election and Run-Off Election and Removal of Proposition Statements. (Council Member Peterkin) 14. ADOPTED UNANIMOUSLY. Resolution No. 2020-31 - Approving a Conversion of a Lease of Airport Reserve Lands Described as Lot 4, FBO Subdivision No. 7 with the State of Alaska, Division of Forestry, on a Non-Standard Lease Form. (Administration) 15. ADOPTED UNANIMOUSLY. Resolution No. 2020-32 - Approving a Memorandum of Understanding with the Kenai Historical Society, Inc. to Preserve and Promote the History of Kenai through the Kenai Cabin Park. (Legal) 16. ADOPTED UNANIMOUSLY. Resolution No. 2020-33 - Approving an Agreement for Use of the Cranes, Offices, and Operating Area at the City Boating Facility. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of May 6, 2020. (City Clerk) F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration) 2. INTRODUCED BY THE CONSENT AGENDA; PUBLIC HEARING SET FOR 06/03/2020. *Ordinance No. 3127-2020 - Repealing and Replacing Kenai Municipal Code Title 6 - Elections to Provide Clarity, Process Improvements, and Increase Voter Accessibility through Vote By Mail Elections. (Council Member Peterkin) 3. INTRODUCED BY THE CONSENT AGENDA; PUBLIC HEARING SET FOR 06/03/2020. *Ordinance No. 3128-2020 - Amending Kenai Municipal Code Section 1.85.040 – Records Public, To Provide For A Record Retention Length. (City Clerk) 4. INTRODUCED BY THE CONSENT AGENDA; PUBLIC HEARING SET FOR 06/03/2020. *Ordinance No. 3129-2020 - Accepting and Appropriating Private Donations to the Kenai Animal Shelter for the Care of Animals. (Administration) 5. APPROVED UNANIMOUSLY. Action/Approval - Purchase Orders Over $15,000. (Administration) 6. APPROVED UNANIMOUSLY. Action/Approval - Special Use Permit to James Doyle D/B/A Weaver Brothers for Truck Trailer Storage. (Administration) 7. APPROVED UNANIMOUSLY. Action/Approval - Special Use Permit to Axtel Enterprises, LLC for Fuel Reduction. (Administration) Page 35 Kenai City Council - Regular Meeting Page 4 of 5 May 20, 2020 8. APPROVED UNANIMOUSLY. Action/Approval - Lease Assignment of Lot 2, Kenai Spit Subdivision from North Pacific Seafoods, Inc. to E&E Foods, Inc. d/b/a Pacific Star Seafoods. (Administration) 9. Discussion - City Response to COVID-19. (Administration) 10. Discussion - Resuming In-Person Council Meetings. (Mayor Gabriel) 11. WORK SESSION SET FOR 05/29/2020. Discussion - Set a Work Session to Review Election Processes and Ordinance No. 3127-2020. (City Clerk) 12. APPROVED UNANIMOUSLY. Action/Approval – Systems Design West Contract Amendment. (City Manager) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION 1. Discussion of the Facility Management Agreement for the Kenai Visitor and Cultural Center, pursuant to AS 44.32.310(c)(1)(3) a matter of which the immediate knowledge may have an adverse effect upon the finances of the City, and a matter by which law, municipal charter, or ordinance are required to be confidential. Page 36 Kenai City Council - Regular Meeting Page 5 of 5 May 20, 2020 M. PENDING ITEMS N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000. Join Zoom Meeting https://us02web.zoom.us/j/87128335187 Meeting ID: 871 2833 5187 Password: 673685 OR Dial in by your Location: (253) 215-8782 or (301) 715-8592 Meeting ID: 871 2833 5187 Password: 673685 The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Page 37 File Attachments for Item: 2. Kenai Peninsula Borough Planning Page 38 144 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 Final Agenda May 11, 2020 7:30 p.m. Due to the current COVID‐19 pandemic and CDC guidelines, the meeting will not be physically open to the public. The meeting will be held through Zoom. The Planning Commission and staff members will be attending via teleconferencing. The public will be able to listen or participate. To join the meeting from a computer visit https://zoom.us/j/2084259541. To attend the Zoom meeting by telephone call toll free 1‐888‐788‐0099 or 1‐877‐853‐5247. When calling in you will need the Meeting ID 208 425 9541. If you connect by computer and do not have speakers or a microphone, connect online and then select phone for audio. A box will come up with toll free numbers, the Meeting ID, and your participant number. Detailed instructions will be posted on the Planning Commission’s webpage prior to the meeting. https://www.kpb.us/planning‐dept/planning‐ commission. The hearing procedure for the Planning Commission public hearings are as follows: 1) Staff will present a report and staff recommendations on the item. 2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative – 10 minutes 3) Public testimony on the issue. – 5 minutes 4) After testimony is completed, the Planning Commission may follow with questions. A person may only testify once on an issue unless questioned by the Planning Commission. 5) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence. 6) The Chair closes the hearing and no further public comment will be heard. 7) The Chair entertains a motion and the Commission deliberates and makes a decision. All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or her name and mailing address on the sign‐in sheet located by the microphone provided for public comment. They must begin by stating their name and address for the record at the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities. Decorum must be maintained at all times and all testifiers shall be treated with respect. 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. Page 39 Planning Commission Tentative Agenda May 11, 2020 Page 2 *1. Time Extension Request a. Ptarmigan Estates Subdivision Struthers Addition KPB File 2012‐140 [Segesser/Struthers] Location: Sterling b. Krogseng Subdivision KPB File 2011‐145 [Segesser / Krogseng] Location: Island Lake, Nikiski *2. Planning Commission Resolutions ‐ None *3. Plats Granted Administrative Approval a. Bunnell’s Subdivision Number 17; KPB File 2018‐027 b. Gruening Vista 2020 Replat; KPB File 2019‐140 c. Huske Scout Lake Subdivision; KPB File 2019‐127 d. James Waddell Homestead Petska 2018 Addition; KPB File 2018‐049 e. Kalifornsky Center Subdivision; KPB File 2019‐132R1 f. Konovalof Lake Subdivision Beier Addition; KPB File 2020‐001 g. Over the Edge; KPB File 2019‐145 *4. Plats Granted Final Approval (20.10.040) ‐ None *5. Plat Amendment Request ‐ None *6. Utility Easement Vacations a. Vacate the north 5 feet of the 10‐foot utility easement, adjoining Lot 36A, Bunnell’s Subdivision No. 17 (HM 86‐44) in the SE1/4 NE1/4 Sec 19, T6S, R13W, Seward Meridian, AK; KPB File 2020‐036V; Petitioner: Homer Professional Office Building LLC of Homer, AK Motion to approve the utility easement vacation as petitioned, vacating the north 5 feet of the 10‐foot utility easement, adjoining the south boundary of Lot 36‐A, Bunnell’s Subd. No. 17 siting the 11 findings provided in the staff report and adherence to borough code, passed by unanimous consent. *7. Commissioner Excused Absences a. Dr. Rick Foster, Southwest Borough b. Vacant, Ridgeway *8. Minutes a. April 13, 2020 Planning Commission Meeting Motion to remove item C6 from the consent agenda and move it to public hearings and approve the remaining consent agenda items and the regular agenda passed by unanimous consent. D. UNFINISHED BUSINESS E. PUBLIC HEARINGS 1. Vacate a portion of Camelot Drive right‐of‐way associate with Lots 6, 7 and 8, Block 2 as dedicated on Camelot by the Sea Subdivision (SW‐76); NW1/4 SE1/4 Sec 23, T1N, R1W, Seward Meridian, AK; KPB File 2020‐032V; Petitioners: John Craig Turnbull & Catherine Therese Murphy Turnbull of Seward, AK Page 40 Planning Commission Tentative Agenda May 11, 2020 Page 3 Motion to approve the vacation, based on the means of evaluating public necessity established by KPB 20.70, subject to staff recommendations and compliance with borough code, was passed by unanimous consent. 2. Vacate a portion of Fritz Creek Valley Drive right‐of‐way adjacent to Tract E and a portion of the 66‐ foot wide section line easement located associated with Fritz Creek Acres Addition Tracts D & E (HM 78‐105) NW1/4 SW1/4 Sec 28 and the NE1/4 SE1/4 Section 29, T5S, R12W, Seward Meridian, AK; KPB File 2020‐035; Petitioner: Terri Bramel Trust of Anchorage, AK Motion to approve the vacations, based on the means of evaluating public necessity established by KPB 20.70, subject to staff recommendations and compliance with borough code, was passed by unanimous consent. 3. Ordinance 2020‐23, Authorizing a One‐Time Extension of KPB 20.70.130 Which Sets a One‐Year Deadline to Record a Final Plat Following Vacation Approval Motion to forward to the Assembly a recommendation to approve Ordinance 2020‐23, authorizing a One‐Time Extension of KPB 20.70.130 Which Sets a One‐Year Deadline to Record a Final Plat Following Vacation Approval passed with unanimous consent. 4. Ordinance 2020‐17, Authorizing a Lease to New Cingular Wireless PCS LLC for Approximately 1,600 Square Feet of Borough Land in Kenai for a Communications Site Motion to recommend to the Assembly the following change in Ordinance 2020‐17 language:  Section One: That the Assembly finds that leasing this land to New Cingular Wireless PCS, LLC for a communication tower site would benefit the public and borough by improving communication capabilities  Deletion of Section 3.3 Motion passed by unanimous consent Motion to forward to the Assembly a recommendation to approve Ordinance 2020‐17 passed by majority vote. (Yes‐8, No‐2, Absent‐1) 5. Ordinance 2020‐22, Authorizing the Negotiated Lease of Rental Space at the Nikiski Community Recreation Center with the Kenaitze Indian Tribe Motion to recommend Ordinance 2020‐22, authorizing the negotiated lease of rental space at the Nikiski Community Recreation Center with the Kenaitze Tribe to the Assembly, passed by unanimous consent. F. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) PUBLIC HEARINGS 1. Appeal of a denial of a KPB 21.18 permit for rebuilding a structure within the 50‐foot Habitat Protection District of the Kenai River; KPB Parcel Number 065‐190‐82; Applicant: Jack Toumi of Anchorage, AK Motion to uphold staff denial of a prior existing use application for rebuilding a structure within the 50‐foot Habitat Protection District of the Kenai River failed by a majority vote (No‐8, Yes‐2, Absent‐ 2) 2. Resolution 2020‐13; Conditional Use Permit for the installation of an elevated, light‐penetration platform within the 50‐foot Habitat Protection District of the Kenai River; KPB Parcel Numbers: 055‐ 253‐13 & 055‐255‐47; Applicant: Castaway Cove Homer Owners Association, Kenai, AK Motion to postpone hearing PC Resolution 2020‐13 to the June 8, 2020 meeting passed by unanimous consent. 3. Resolution 2020‐12; Conditional Use Permit for the replacement of two culverts on Pollard Creek, a tributary to the Kasilof River; KPB Parcel Number 133‐120‐45; Applicant: Gregory Bosick of Kasilof, AK Page 41 Planning Commission Tentative Agenda May 11, 2020 Page 4 Motion to approve PC Resolution 2020‐12 issuing a conditional use permit, subject to permit conditions and compliance with borough code, passed by unanimous consent. G. VACATIONS NOT REQUIRING A PUBLIC HEARING – None H. SPECIAL CONSIDERATIONS – None I. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee reviewed and approved 10 plats at the April 27, 2020 meeting. J. 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.) 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 ADVISORY PLANNING COMMISSION MEETINGS Due to the current COVID‐19 pandemic and CDC guidelines, the meeting will not be physically open to the public. The meeting will be held through Zoom. Please see the area Advisory Planning Commission webpage for meeting details. Advisory Planning Commission webpages are linked to the Planning Department website https://www.kpb.us/planning‐ dept/planning‐home . June 8, 2020 7:30 P.M. Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building 144 N. Binkley St. Soldotna, Alaska ADVISORY COMMISSION MEETING LOCATION DATE TIME Anchor Point Anchor Point Senior Center TBD 7:00 p.m. Cooper Landing Cooper Landing Community Hall TBD 6:00 p.m. Funny River Funny River Community Center TBD 6:00 p.m. Kalifornsky Zoom Meeting 5/13/20 6:00 p.m. Page 42 Planning Commission Tentative Agenda May 11, 2020 Page 5 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 (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 A party of record may file an appeal of a decision of the Planning Commission in accordance with the requirements of the Kenai Peninsula Borough Code of Ordinances. An appeal must be filed with the Borough Clerk within 15 days of the notice of decision, using the proper forms, and be accompanied by the filing and records preparation fees. Vacations of right‐of‐ways, public areas, or public easements outside city limits cannot be made without the consent of the borough assembly. Vacations within city limits cannot be made without the consent of the city council. The assembly or city council shall have 30 calendar days from the date of approval in which to veto the planning commission decision. If no veto is received within the specified period, it shall be considered that consent was given. A denial of a vacation is a final act for which the Kenai Peninsula Borough shall give no further consideration. Upon denial, no reapplication or petition concerning the same vacation may be filed within one calendar year of the date of the final denial action except in the case where new evidence or circumstances exist that were not available or present when the original petition was filed. Moose Pass Moose Pass Community Hall TBD 6:30 p.m. Hope / Sunrise Hope Social Hall TBD 6:00 p.m. Kachemak Bay Zoom Meeting 5/12/20 6:00 p.m. Page 43 144 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 • Cindy Ecklund – City of Seward Robert Ruffner – Kasilof/Clam Gulch • Paul Whitney – City of Soldotna Alternate: Franco Venuti – City of Homer Plat Committee Tentative Agenda May 26, 2020 5:30 p.m. Due to the current COVID-19 pandemic and CDC guidelines, the meeting will not be physically open to the public. The meeting will be held through Zoom. The Planning Commission and staff members will be attending via teleconferencing. The public will be able to listen or participate. To join the meeting from a computer visit https://zoom.us/j/2084259541. To attend the Zoom meeting by telephone call toll free 1-888-788-0099 or 1-877- 853-5247. When calling in you will need the Meeting ID 208 425 9541. If you connect by computer and do not have speakers or a microphone, connect online and then select phone for audio. A box will come up with toll free numbers, the Meeting ID, and your participant number. Detailed instructions will be posted on the Planning Commission’s webpage prior to the meeting. https://www.kpb.us/planning-dept/planning-commission. The hearing procedure for the Plat Committee public hearings are as follows: 1) Staff will present a report and staff recommendations on the item. 2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative – 10 minutes 3) Public testimony on the issue. – 5 minutes 4) After testimony is completed, the Plat Committee may follow with questions. A person may only testify once on an issue unless questioned by the Plat Committee. 5) Staff may respond to any testimony given and the Committee may ask staff questions. 6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence. 7) The Chair closes the hearing and no further public comment will be heard. 8) The Chair entertains a motion and the Committee deliberates and makes a decision. All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or her name and mailing address on the sign-in sheet located by the microphone provided for public comment. They must begin by stating their name and address for the record at the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities. Decorum must be maintained at all times and all testifiers shall be treated with respect. 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. April 27, 2020 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.) Page 44 Plat Committee Tentative Agenda May 26, 2020 Page 2 E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Betty Goodrich Churchill Meadows KPB File 2020-020R1; [McLane / Best, Buerge] Location: off Kayeway Rd; Kalifornsky Kalifornsky APC 2. Camelot by the Sea 2019 Replat KPB File 2020-032; [Lang & Associates / Turnbull] Location: off Camelot Dr. & Wizard Ave.; Bear Creek 3. Cranewings No. 4 KPB File 2020-041; [Geovera / Artz] Location: off East End Rd., Seaside Farm Dr. & Cranewings Ct. 4. East Ridge Subdivision Reilly Addition KPB File 2020-039; [Peninsula Surveying / Reilly] Location: Off Mosey Along Rd. & Kalifornsky Beach Rd.; Kalifornsky Kalifornsky APC 5. General Aviation Apron Tract A Replat KPB File 2020-038; [Segesser / City of Kenai] Location: off N. Willow St. & Granite Point St.; Kenai 6. Grant Fritz Subdivision No. 5 KPB File 2020-042; [Johnson / Fitz III, Blossom] Location: Off Moose Head St.; Kasilof 7. Inglima Tracts 2019 Replat KPB File 2019-139; [Geovera / Drake, Gallios] Location: off Old Sterling Hwy., Appleberry St., Mossberry St. 8. Kristine Subdivision No. 1 KPB File 2020-037; [McLane / Ambrose, Estate of Donald Fredrickson] Location: on Bridge Access Rd.; Kenai 9. Team Shredder Subdivision KPB File 2020-40; [Peninsula Surveying / Phillips] Location: off Rust Ave. & Woohead St.; Ninilchik 10. Voznesenka 2020 KPB File 2020-016R1; [Ability / Basargin, Voznesenka Community Council Inc.] Location: off East End Rd. & Thereses Ln.; Fox River F. FINAL SUBDIVISION PLAT PUBLIC HEARING - None Page 45 Plat Committee Tentative Agenda May 26, 2020 Page 3 G. OTHER / NEW BUSINESS H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED I. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING June 22, 2020 5:30 P.M. Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building 144 N. Binkley St. Soldotna, Alaska CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 (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 An interested party may request that the Planning Commission review a decision of the Plat Committee by filing a written request within 10 days of the written notice of decision in accordance with KPB 2.40.080. Page 46