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Home My WebLink About2020-07-08 Planning & Zoning PacketKenai Planning and Zoning Commission Meeting Page 1 of 2 July 8, 2020 City of Kenai Planning and Zoning Commission Meeting July 8, 2020 - 7:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska *Telephonic/Virtual Information on Page 2 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 it em 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. *June 24, 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 PZ2020-18 - Preliminary Subdivision Plat of Eventyr Subdivision No. 3, submitted by Edge Survey and Design LLC, P.O. Box 59, Kasilof, AK 99669, on behalf of Molly E. Hannigan, 108 Linwood Lane, Kenai, AK 99611, and Christopher Etheridge, P.O. Box 1406, Kenai, AK 99611 F. PUBLIC HEARINGS G. UNFINISHED BUSINESS H. NEW BUSINESS I. PENDING ITEMS Page 1 Kenai Planning and Zoning Commission Meeting Page 2 of 2 July 8, 2020 J. REPORTS 1. City Council 2. Kenai Peninsula Borough 3. City Administration K. ADDITIONAL PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) L. INFORMATIONAL ITEMS 1. Planning and Zoning Midmonth Report to City Council – May 2020 2. Building Permit Report – Second Quarter 2020 M. NEXT MEETING ATTENDANCE NOTIFICATION 1. July 22, 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/88150190240 Meeting ID: 881 5019 0240 Password: 664995 OR Telephonic Participation: +1 253 215 8782 or +1 301 715 8592 Meeting ID: 881 5019 0240 Password: 664995 Page 2 File Attachments for Item: *June 24, 2020 Page 3 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING JUNE 24, 2020 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA VICE-CHAIR DIANE FIKES, 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: J. Twait, D. Fikes, G. Greenberg, R. Springer, J. Halstead Commissioners absent: T. McIntyre, V. Askin Staff/Council Liaison present: City Planner E. Appleby, Planning Assistant W. Anderson, City Clerk J. Heinz, Council Liaison H. Knackstedt A quorum was present. 3. Agenda Approval MOTION: Vice Chair Fikes MOVED to approve the agenda with the requested addition and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Halstead MOVED to approve the consent agenda and Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 5. *Excused absences – None. Page 4 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 3 June 24, 2020 B. APPROVAL OF MINUTES 1. *June 10, 2020 The minutes were approved by the Consent Agenda. C. SCHEDULED PUBLIC COMMENT Laura Sievert spoke encouraging consideration of ceasing transfers of Conditional Use Permits and instead require applicants to apply for their own Conditional Use Permit to provide for the public noticing that goes along with a new Conditional Use Permit. She noted that she owns property adjacent to the Quality Asphalt Paving pit which used to be the Cone pit noting the permit holder had been violating conditions of the Conditional Use Permit including storing old asphalt in the pit which has since been buried, covering an anadromous fish stream with dirt, a stream in which fish culverts were put in under the highway downstream, pumping pit water into an anadromous fish pond which was on her property which the Kenai Peninsula Borough successfully stopped. D. UNSCHEDULED PUBLIC COMMENT – None. E. CONSIDERATION OF PLATS – None. F. PUBLIC HEARINGS – None. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. Action/Approval – Application for Four-Year Lease Renewal of City-Owned Land within the Airport Reserve described as Lot 4, Block 1, F.B.O. Subdivision and located at 411 North Willow Street. The application was submitted by CPD Alaska, LLC, 201 Arctic Slope Ave. Anchorage, AK 99518. The City Planner reviewed the staff report provided in the packet and noted the lease term was determined based on useful life of improvements but the improvements weren’t scheduled to be completed until 2024; it was determined the applicant qualified for a four-year lease renewal and could apply for an extension when they were closer to actual investment in the property. MOTION: Commissioner Fikes MOVED to recommend approval of a four-year lease renewal of city-owned land within the Airport Reserve described as Lot 4, Block 1, F.B.O. Subdivision and located at 411 North Willow Street to CPD Alaska, LLC, and Commissioner Halstead SECONDED the motion. VOTE: YEA: Twait, Springer, Halstead, Fikes, Greenberg NAY: Page 5 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 3 June 24, 2020 MOTION PASSED UNANIMOUSLY. I. PENDING ITEMS – None. J. REPORTS 1. City Council – Council Member Knackstedt reported on the actions from the June 17 City Council meeting and June 18 work session. 2. Borough Planning – Commissioner Fikes noted the Borough Planning Commission hasn’t met since her last report. 3. Administration – City Planner Appleby reported on the following: • Update on the Davidson Street issue for the McLennon Estates Addition No. 1 plat from the June 10 meeting; it has been decided it should be Davidson Drive; • Noted the new budget starts on July 1; • Personal Use Fishery begins on July 10; recommending participants follow social distancing guidelines. K. ADDITIONAL PUBLIC COMMENT – None. L. INFORMATIONAL ITEMS – None. M. NEXT MEETING ATTENDANCE NOTIFICATION – July 8, 2020 N. COMMISSION COMMENTS & QUESTIONS – None. Commissioner Halstead noted past practice of Planning Department conducting code enforcement; has had several requests in his neighborhood such as junk cars and garbage in yards which do not get investigated or resolved. Commissioner Greenberg noted the transfer process for Conditional Use Permits for gravel pits do not go through the same process as a new Conditional Use Permit. Commissioner Chair Twait noted it was nice to see everyone. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:49 p.m. Minutes prepared and submitted by: ____________________________ Jamie Heinz, CMC City Clerk Page 6 File Attachments for Item: Resolution PZ2020-18 - Preliminary Subdivision Plat of Eventyr Subdivision No. 3, submitted by Edge Survey and Design LLC, P.O. Box 59, Kasilof, AK 99669, on behalf of Molly E. Hannigan, 108 Linwood Lane, Kenai, AK 99611, and Christopher Etheridge, P.O. Box 1406, Kenai, AK 99611 Page 7 STAFF REPORT TO: Planning and Zoning Commission FROM: Elizabeth Appleby, City Planner DATE: July 2, 2020 SUBJECT: PZ2020-18 – Preliminary Plat – Eventyr Subdivision No. 3 Applicants: Molly E. Hannigan 108 Linwood Lane Kenai, AK 99611 Christopher Etheridge P.O. Box 1406 Kenai, AK 99611 Submitted By: Edge Survey and Design, LLC P.O. Box 59 Kasilof, AK 99611 Requested Action: Preliminary Subdivision Plat – Eventyr Subdivision No. 3 Legal Description: Lot 4, Eventyr Subdivision and Lots 5 and 6, Eventyr Subdivision No. 2 Property Address: 108 Linwood Lane, 104 Linwood Lane, and 1303 Lawton Drive KPB Parcel No: 04515417, 04515420, and 04515421 Lot Size: 1.11 acres (approximately 48,352 square feet); 1.18 acres (approximately 51,401 square feet) and .73 acres (approximately 31,799 square feet) Existing Zoning: Suburban Residential (RS) Current Land Use: Residences and Detached Garage Land Use Plan: Suburban Residential Page 8 Page 2 of 3 GENERAL INFORMATION Edge Survey and Design, LLC submitted a preliminary plat on behalf of Molly E. Hannigan and Christopher Etheridge. The plat affects the parcels described as Lot 4, Eventyr Subdivison and Lots 5 and 6, Eventyr Subdivision No. 2. The preliminary plat discloses that the owners are reconfiguring three lots into two larger lots. Lot 4A will be 1.280 acres (55,757 square feet), and Lot 5A will be 1.747 acres (approximately 76,099 square feet). There are residences located on both of the proposed lots. The property owners would also like to vacate utility easements along the southern ten feet (10’) of Lot 4, Eventyr Subdivision and the northern ten feet (10’) of Lots 5 and 6, Eventyr Subdivision No. 2; and the eastern ten feet (10’) of Lot 6, Eventyr Subdivision No. 2. The preliminary plat will also dedicate utility easements adjacent to the rights-of way of Colonial Drive and Lawton Drive 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 July 2, 2020. ANALYSIS Access to the proposed Lot 4A is a private driveway off of Linwood Lane. Currently, the driveway is located within the northern 20 feet of Lot 5, Eventyr Subdivision No. 2. The property owner of Lot 5, Eventyr Subdivision No. 2 granted an easement for egress and ingress to the property owner of Lot 4, Eventyr Subdivision. The easement was recorded on October 19, 2006, under document number 2006-011437-0. The proposed plat will move the property line thirty feet to the south, which will result in having the private driveway located entirely on Lot 4A, Eventyr Subdivision No. 3. Access to the proposed Lot 5A is via Linwood Lane and Lawton Drive. These are paved roads maintained by the City of Kenai. The proposed plat does not dedicate any additional rights-of- way. The owner of the proposed Lot 5A is already connected to City water and sewer. An installation agreement is not required. The residence located on Lot 5, Eventyr Subdivision No. 2 was reportedly removed from the premises in 2008; therefore, the detached garage is a non- conforming structure because it is an accessory structure without a primary residence. The vacation of the property line between Lots 5 and 6, Eventyr Subdivision No. 2 will alleviate the non-conformity. Page 9 Page 3 of 3 The owner of the proposed Lot 4A is connected to City water only and has a private septic system installed on site. Plat note number nine (9) requires that wastewater treatment and disposal systems must meet the regulatory requirements of the Alaska Department of Environmental Conservation. The water line providing service to Lot 4A is located within the 20-foot easement granted by the owners of Lot 5, Eventyr Subdivision No. 2. The proposed plat will move the property line thirty feet to the south which will result in having the majority of the waterline located entirely on Lot 4A, Eventyr Subdivision No. 3. The remainder of the waterline is located in the easement delineated on the west boundary of the proposed Lot 5A, Eventyr Subdivision No. 3. 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 and for an installation agreement to be finalized prior to the recording of the plat. RECOMMENDATIONS City staff recommends approval of the preliminary plat of Eventyr Subdivision No. 3, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. The plat number on the surrounding properties (Lots 4 and 5, Roper Subdivision) lying Northeast of Lot 4A should be changed from Plat 619 to Plat K-1409. 3. The Kenai City Council must declare the ten foot (10’) utility easements not needed for a public purpose and approve the vacation of the utility easements as shown on the preliminary plat. ATTACHMENTS 1. Resolution No. PZ2020-18 2. Application 3. Preliminary Plat 4. Aerial Map Page 10 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-18 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT EVENTYR SUBDIVISION ADDITION NO. 3 ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Edge Survey and Design LLC; and, WHEREAS, the plat meets Municipal Code requirements of the Suburban Residential Zone; and, WHEREAS, street names are referenced correctly; and, WHEREAS, the plat dedicates a ten-foot (10’) utility easement adjacent to the rights-of-way of Colonial Drive and Lawton Drive; and, WHEREAS, the plat will vacate the utility easements along the southern ten feet (10’) of Lot 4, Eventyr Subdivision, the northern ten feet (10’) of Lots 5 and 6, Eventyr Subdivision No. 2, and the eastern ten feet (10’) of Lot 6, Eventyr Subdivision No. 2; and, WHEREAS, the plat will not change the existing access to the properties; and, WHEREAS, Linwood Lane and Lawton Drive are City-maintained roads providing access to the proposed Lot 5A, Eventyr Subdivision No. 3; and, WHEREAS, the access to the proposed Lot 4A, Eventyr Subdivision No. 3 is provided by a private driveway from Linwood Lane and Linwood Lane is a City-maintained road; and WHEREAS, an installation agreement will not be required; and, WHEREAS, the removal of the lot line between Lots 5 and 6, Eventyr Subdivision No. 2 will alleviate the non-conformity of the structure (detached garage); 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 14.24.010 Minimum lot area requirements, the proposed lots meets City standards for minimum lot sizes. Page 11 Resolution No. PZ2020-18 Page 2 of 2 3. 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. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of Eventyr Subdivision No. 3 be approved subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. The plat number on the surrounding properties (Lots 4 and 5, Roper Subdivision) lying Northeast of Lot 4A should be changed from Plat 619 to Plat K-1409. 3. The Kenai City Council must declare the ten foot (10’) utility easements not needed for a public purpose and approve the vacation of the utility easements as shown on the preliminary plat. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 8th day of July, 2020. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, CITY CLERK Page 12 City of Kenai JC Planning and Zoning Department Preliminary Plat 210 Fidalgo Avenue Kenai , AK 99611 Submittal Form (907) 283-8200 planning@kenai. city www.kenai city/planning .. r;".,'"ll~ Name: Edge Survey and Design Mailing Address: PO Box 59 City: I Kasilof State: IAK IZip Code : I 99610 Phone Number(s): 907-283-904 7 Email: jason@edgesurvey.net ~ ~ Name: Molly E. Hannigan Mailing Address: 108 Linwood Lane City: I Kena i State: IAK IZip Code: I 99611 Phone Number(s): 907-690-014 7 Email : mollyehannigan@gmail.com t!1 Kenai Peninsula Borough Parcel #: 04515417 Current City Zoning : Suburban Residential Use: l!J Residential D Recreational D Commercial D Other: Water: D On Site ~City D Community Sewer: D On Site ~City D Community Preliminary Plat Name : Eventyr Subdivison No. 3 Revised Preliminary Plat Name: Vacation of Public Right-of-Way: DYes ~No Street Name (if vacating ROW): Exceptions Required and Requested: None Comments: "'oo - II Certificate to Plat II (1) 24" x 36" Plat II (2) 11" x 17" Plats ~~~ Signature: (~ 7-J-..---,. " ; I Date : I May 13, 2020 Print Name: Molly E . Hanr£tgan / I Title/Business : Page 13 Eventyr Subdivision Number 3 Exception to borough code 20.30.170 block length, 20 .31030 Street Layout and 20.30.230 Double Frontage Asking exception not to extend Teresa Street from Colonial Drive to Lawton Drive. The block has yet to be split North to South or East to West. Plats 83-149 and 86-75 had the opportunity to dedicate right of way and did not. Teresa Street to the North is undeveloped and un-used by the public. Teresa Street to the North is blocked by a structure. Development trends within the block of concern is larger city parcels. Two parcels remain original government lots. Plat 2016-89 recently combined lots within block of concern to create a larger parcel. Owner of Lots 5 and 6 Eventyr Subdivision No.2 chooses to create one larger lot. Most of the middle block or 330 break roads are not constructed or dedicated in full in the neighborhood. Examples being Teresa Street, broken portions of Copper Lane, and Shelikof. Right of way dedication would encroach close to the current structures on Lots 4 and Lot 6. Building patterns within the Block are larger houses with larger yards. Not planned or intended for future development. Page 14 : : ! • : i ! a ! ! 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Ml '4R ~ OllOil)ft. ~...-:r. ~ - OhO -....C JlfltllC 9'CMt Oii ftC PVI CIOftl'O M ~ CIS1M ~/II'> lllCM~ ofLCllG.,,. OIEAttD Utl.tn' (*MOO #Cl llWllCELS ~ l't'1"1S "'-Ame ~IS Dl:PIC'ltD Clllf'IA. tlllJTt'o.tblJlft'S .. WCATr:D MS ...... M lllCCU'fMCIC 'I UICll • "*-C Ull Oii ~......,_DOG fllClf ~ K "*X Oft## tOoOMtO llDOl"'lO ~. Cf'IOW,ll. Oii .......... ~ ~ W: 6h1Wiii -6f'f ilWWSbl QIU'[r------ """'""" 210 nDJrt.00 1#(. «OW. 11.'*A ... , 1 '-WM MOC111 l'*2-S,, ICJllDtf cortY'I' '*1 I Ill A IQSfDllED ~ I.MG --.ca " M RAK Cl AiA9C4 l#J t>W Ml ".ll~A~ lll'Or.l'l"CCllll\ICO:W(WCI' .......... l#J '*' " illlOIUIDds ttQlel Qf ,,. II.NV llCIUllJ,.'f' ElllJ M ~.MO MU .U. ~NG OMlt oroas « "'C #ID o:.ul 10 1K IBT OI W1 IOIDalXllX. PRELIMINARY PLAT G ! CIJl7lnQM OF --llG)CA1IOH C fCllOr«ltfrt"1C•Ho.otlClN111(.f&. ................ ~MIJllEOl4NCt'nW.C )CMIJI'"~ ,._ l'\#IOI...,,_.. /i#OCUI nB COllOtf om.::AJI JU. ~.....,. /i#O ll'U&.C ##IA fO ""9.JC wr. NG GIWlf AL OIDCMfS JO n4l: UK - iiiirL~ ••&..oaDUM ~NlflKA ... 11 WN!ihii tHJmQt JO-HOI JllM.~ .... , - KPB nu: No. 2020- EVENTYR SUBDIVS/ON NUMBER 3 A .s:uKMSJCW OI LOfS•f:ttOITrR~ ,,,,,., &J-t•• -U1T$ .5 NI(). l.VlNTYft $UOM$ICW Ml z Pl.AT M-7' ltENAI ff£.CORDIHC OISTlllCT MOU.Y(.~ ID& UNWOOO lANl KEM. NJii!i¥,A '"'' -Clf!lm)AOt1\CAIOC( PO IOX' 140I !CDW. JU$t(A ttll 1 toe(~ WT>iW S'lf f/4 st.r:noN J4i r.1H..1tt11r.S.At Clf'IOI'---...-----STAJ(' or ALA,gCA CDNTNNJHC .J.JJZ1 ACRE'S ·"-· unn••an.ut l':IO• O.OV.MOO ""'-' ,,,;n ,...._,"° -.. Page 15 Parcels 04515417, 04515420, and 04515421108 Linwood Lane, 104 Linwood Lane, 1303 Lawton DriveLot 4, Eventyr Subdivision, Lots 5 and 6 Eventyr Subdivision No. 2 04515420 04515417 04515421LINWOOD LNLAWTON DR COLONIAL DR TERESA ST.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. Aerial MapPreliminary Plat: Eventyr Subdivision No. 3 Date: July 2020 LEGENDParcels Amendedby Preliminary Plat 0 4020 Feet Page 16 File Attachments for Item: City Council Page 17 Kenai City Council - Regular Meeting Page 1 of 5 July 01, 2020 Kenai City Council - Regular Meeting July 01, 2020 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska *Telephonic/Virtual Information on Page 5* 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) 1. Dan Sterchi - Evergreen Street Hotel Remodel. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. POSTPONED TO 08/19/2020. 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) [Clerk's Note: At the June 3 Meeting, this item was Postponed to this Council Meeting. A Motion to Adopt is On the Floor.] 2. ENACTED UNANIMOUSLY. Ordinance No. 3136-2020 - Increasing Estimated Revenues and Appropriations in the General and the Public Safety Capital Project Funds and Authorizing the Sole Source Purchase and Installation of Updated Radio Consoles for the City of Kenai Dispatch Center. (Administration) 3. ENACTED AS AMENDED. Ordinance No. 3137-2020 - Increasing Estimated Revenues and Appropriations in the General and Municipal Roadway Improvements Capital Project Funds to Provide Matching Funds to the State of Alaska Department of Transportation and Public Facilities to Construct a Pedestrian Path From the Kenai Spur Highway to Beaver Page 18 Kenai City Council - Regular Meeting Page 2 of 5 July 01, 2020 Loop Along Bridge Access Road Utilizing Restricted General Fund, Fund Balance. (Administration) 4. ENACTED UNANIMOUSLY. Ordinance No. 3138-2020 - Increasing Fiscal Year 2020’s Estimated Revenues and Appropriations in the Airport Land Sale Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts to the City’s Airport Fund. (Administration) 5. ENACTED UNANIMOUSLY. Ordinance No. 3139-2020 - Increasing Estimated Revenues and Appropriations in the COVID-19 CARES Act Recovery Fund for a Federal CARES Act Grant Passed through the State of Alaska Department of Public Safety for Overtime and Direct Expenditures of the Police, Fire, and Communications Departments of the City from March 16, 2020 through May 17, 2020. (Administration) 6. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3140-2020 - Increasing Estimated Revenues and Appropriations in the Personal Use Fishery Special Revenue Fund to Provide Supplemental Funding for Additional Portable Restrooms and to Award a Contract to Provide Dumpsters, Portable Restrooms and Portable Hand Wash Stations for the 2020 Kenai River Personal Use Fishery. (Administration) • Substitute Ordinance No. 3140-2020 7. ENACTED UNANIMOUSLY. Ordinance No. 3141-2020 - Increasing Estimated Revenues and Appropriations in the General Fund, Visitor Center Department and Authorizing Amendment to the Facility Management Agreement with the Kenai Chamber of Commerce and Visitor Center, Inc., for the Operation and Management of the Kenai Visitor and Cultural Center. (Administration) 8. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3143-2020 - Increasing General Fund Estimated Revenues and Appropriations by $34,216 in the General Fund, Parks, Recreation and Beautification Department for an Increase of a Grant from the United States Environmental Protection Agency Passed through the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City’s Beaches from July 1, 2020 through March 1, 2021. (Administration) 9. ADOPTED UNANIMOUSLY. Resolution No. 2020-51 - Approving a Lease Renewal of Airport Reserve Lands Between the City of Kenai and CPD Alaska, LLC, for Lot 4, Block 1, FBO Subdivision. (Administration) 10. ADOPTED UNANIMOUSLY. Resolution No. 2020-52 - Approving the Use of the Fleet Replacement Fund for the Purchase of Two Fire Department Utility Trucks Utilizing the State of Alaska Equipment Fleet Contract. (Administration) 11. ADOPTED UNANIMOUSLY. Resolution No. 2020-53 - Renaming Pelchy Drive to Pelch Drive. (Administration) 12. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2020-54 - Amending the City’s Grant Disbursement Program for Small Businesses and Non-Profit Organizations Utilizing Funds from the Coronavirus Aid, Relief, and Economic Security (CARES) Act. (Administration) Page 19 Kenai City Council - Regular Meeting Page 3 of 5 July 01, 2020 13. ADOPTED UNANIMOUSLY. Resolution No. 2020-55 - Approving Rent Relief Measures for Kenai Municipal Airport Concessionaires During Mandatory Closures Caused by the COVID-19 Public Health Emergency. (Administration) 14. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2020-56 - Approving a Grant Disbursement Program for Individual Assistance Utilizing Funds from the Coronavirus Aid, Relief, and Economic Security (CARES) Act. (Administration) 15. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2020-57 - Authorizing the Award of a Construction Agreement for the Peninsula Avenue Bluff Erosion Repair Project. (Administration) 16. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2020-58- Authorizing the Award of a Construction Agreement for the Kenai Beach Vault Restrooms Project. (Administration) 17. ADOPTED UNANIMOUSLY. Resolution No. 2020-59 - Requesting the State of Alaska Department of Transportation and Public Facilities Warranty and Maintain Responsibility for Beaver Loop Road Improvements for a Reasonable time After the City Begins Maintenance Activities. (Council Member Knackstedt) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of June 3, 2020. (City Clerk) 2. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of June 17, 2020. (City Clerk) 3. APPROVED BY THE CONSENT AGENDA. *Work Session of June 18, 2020. (City Clerk) F. UNFINISHED BUSINESS 1. POSTPONED TO 08/19/2020. Ordinance No. 3128-2020 - Amending Kenai Municipal Code Section 1.85.040 – Records Public, To Provide For A Record Retention Length. (City Clerk) [Clerk's Note: At the June 3 Meeting, this item was Postponed to this Council Meeting. A Motion to Adopt is On the Floor.] G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration) 2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Purchase Orders Over $15,000. (Administration) 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 07/15/20. *Ordinance No. 3144-2020 - Amending the Official Kenai Zoning Map by Rezoning Tracts 1 and 2, Holland Spur Highway Subdivision from Rural Residential (RR) to General Commercial (GC). (Elizabeth Appleby) Page 20 Kenai City Council - Regular Meeting Page 4 of 5 July 01, 2020 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 07/15/20. *Ordinance No. 3145-2020 - Waiving a Provision of Kenai Municipal Code 23.40.030 – Annual Leave, to Remove the Requirement that Employees Use a Minimum Amount of Leave for Calendar Year 2020. (Legal) 5. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Special Use Permit to Alaska Air Fuel for Aircraft Loading and Parking. (Administration) 6. APPROVED. Action/Agenda - Approving Official's Bond Amounts for City Manager, City Clerk, and Finance Director. (Administration) 7. Discussion - City Response to COVID-19. (Administration) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION 1. Plan for Utilizing Resiliency Funding, 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. (Administration) Page 21 Kenai City Council - Regular Meeting Page 5 of 5 July 01, 2020 M. PENDING ITEMS 1. Ordinance No. 3133-2020 (Substitute) - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue Fund, Authorizing a Budget Transfer in the Airport Terminal Improvement Capital Project Fund and Appropriating FY2020 Budgeted Funds in the Airport Master Plan Capital Project, Airport Snow Removal Equipment and Airport Operations Facility Improvement Capital Project Funds for Heating, Ventilation and Air Conditioning (HVAC) Improvement to the Airport Operations Facility and Replacement of the Airport’s Wide Area Mower. (Administration) [Clerk's Note: At the June 17 meeting this item was postponed to the July 15 meeting.] N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000. 2. Mayoral Letter of Support for CIRCAC's Recertification 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. Join Zoom Meeting https://us02web.zoom.us/j/85741561637 Meeting ID: 857 4156 1637 Password: 320827 OR Dial in: (253) 215-8782 or (301) 715-8592 Meeting ID: 857 4156 1637 Password: 320827 Page 22 File Attachments for Item: 2. Kenai Peninsula Borough Page 23 144 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 Action Agenda June 22, 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. May 26, 2020 Plat Committee Meeting Motion to approve the agenda, excused absences, and minutes passed by unanimous consent. Page 24 Plat Committee Tentative Agenda May 26, 2020 Page 2 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. Fair Wind Subdivision 2020 KPB File: 2020-045 [Geovera / Garay] Location: Off Sibson Dr. & East End Rd., Fritz Creek Kachemak Bay APC Motion to grant preliminary approval based on staff recommendations and compliance with borough code passed by unanimous consent. 2. Nedosik 1998 Tract C Jack Hamilton Replat No. 2 KPB File: 2020-051; [Geovera / Crow] Location: Off Nedosik Rd. & Skyline Dr. City of Homer Motion to grant preliminary approval based on staff recommendations and compliance with borough code passed by unanimous vote. 4 Yes, 0 No Motion to grant approval to exception request to KPB 20.30.240 – Removal of the 20 ft. building setback note per HM 87-22 passed by unanimous vote. 4 Yes, 0 No 3. Ridgewood Estates Subdivision Unit 2 Tract 5-A 2020 Replat KPB File: 2020-047; [Seabright / Faber] Location: Off Bidarki Drive & Bridger Rd.; Diamond Ridge Kachemak Bay APC Motion to grant preliminary approval based on staff recommendations and compliance with borough code passed by unanimous vote. 4 Yes, 0 No Motion to grant approval to exception request to KPB 20.30.170-Block length passed by unanimous vote 4 Yes, 0, No 4. Dustin Subdivision Lopeman Addition KPB File: 2020-050; [Edge / Lopeman] Location: Off Straight in Trail REM SW & Reno St.; Ninilchik Motion to grant preliminary approval based on staff recommendations and compliance with borough code passed by unanimous consent. 5. Cowan McFarland Subdivision Stirman Replat KPB File: 2020-053; [Edge / Stirman] Location: Off Owen St. & McFarland Rd. Funny River APC Motion to grant preliminary approval based on staff recommendations and compliance with borough code passed by unanimous consent. Page 25 Plat Committee Tentative Agenda May 26, 2020 Page 3 6. Barbara Heights 2020 KPB File: 2020-052; [Ability / Millard, Nelson, Johnson] Location: Off Nutbeem Rd.; Seldovia Village Motion to grant preliminary approval based on staff recommendations and compliance with borough code passed by unanimous vote. 4 Yes, 0 No Motion to grant approval to exception request to KPB 20.60.200(F)-Survey and monumentation failed by unanimous vote. 4 No, 0 Yes 7. Waterfront Resubdivision 2020 Replat KPB File: 2020-028; [Ability / D&D Business, LLC] Location: On Fulmor Ave. & Alder St. City of Seldovia Motion to grant preliminary approval based on staff recommendations and compliance with borough code passed by unanimous vote. 4 Yes, 0 No Motion to grant approval to exception request to KPB 20.30.060(D)-Easement requirements, not requiring the front 10 ft. of the building setback being designated as a utility easement passed by unanimous vote. 4 Yes, 0 No Motion to grant approval to exception request to KPB 20.30.120(A)-Street width requirements, to Fulmore Ave. & Alder St. passed by unanimous vote. 4 Yes, 0 No Motion to grant approval to exception request to KPB 20.30.230-Lots, double frontage prohibited on lots less than 250’ in depth to Lot 1A passed by unanimous vote. 4 yes, 0 No 8. Aggregate Subdivision 2020 Replat KPB File: 2020-048; [McLane / North Star Paving & Construction Inc.] Location: Off Frontier Ave. & Kenai Spur Hwy.; Ridgeway Motion to grant preliminary approval based on staff recommendations and compliance with borough code passed by unanimous vote. 4 Yes, 0 No Motion to grant approval to exception request to KPB 20.30.030-Proposed street layout requirements for Knight Dr., Abor St. & Tyee St. and to KPB 20.30.170-Block length passed by unanimous vote. 4 Yes, 0 No 9. Dan Lee Subdivision No. 4 KPB File: 2020-044; [Segesser / Johnson] Location: Off Trader John St. & Holt Lamplight Rd.; Nikiski Motion to grant preliminary approval based on staff recommendations and compliance with borough code passed by unanimous vote. 4 Yes, 0 No Motion to grant approve to exception request to KPB 20.30.030-Proposed street layout & KPB 20.30.170- Block length passed by unanimous vote. 4 Yes, 0 No Page 26 Plat Committee Tentative Agenda May 26, 2020 Page 4 10. Right of Way Acquisition Sterling Hwy. MP 46-60 Sunrise to Skilak Lake Road Reconstruction KPB File: 2020-054; [SOA DOT&PF / SOA] Location: Mile Post 45 to 60 Sterling Hwy. Cooper Landing APC Motion to grant preliminary approval based on staff recommendations and compliance with borough code passed by majority vote. 3 Yes, 1 No F. FINAL SUBDIVISION PLAT PUBLIC HEARING - None G. OTHER / NEW BUSINESS H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED I. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING July 13, 2020 5:30 P.M. Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building 144 N. Binkley St. Soldotna, Alaska 99669 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 27 File Attachments for Item: Planning and Zoning Midmonth Report to City Council – May 2020 Page 28 MEMORANDUM TO: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: June 9, 2020 SUBJECT: Planning and Zoning May 2020 Report Planning and Zoning Commission Agenda Items and Resolutions  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.  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.  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.  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.  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.  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 29 Page 2 of 2 Building Permit and Site Plan Reviews Planning and Zoning staff reviews all Building Permits for compliance with the zoning code. The Department conducted 6 Building Permit application reviews in May 2020. Code Enforcement 2 cases were opened in May 2020 for Garbage. 1 case was opened in May 2020 for Debris and Junk. Lands  Non-standard lease conversion to State of Alaska, Division of Forestry approved by City Council at their 5/20/20 meeting.  Lease assignment to E&E Foods approved by City Council at their 5/20/20 meeting.  Special Use Permit approved to Axtel Enterprises approved at their 5/20/20 meeting.  Special Use Permit approved to Weaver Brothers approved at their 5/20/20 meeting.  Pending: one special use permit application, three lease renewal applications, one development incentives application, and one new lease application.  Annual and Five-Year Interval lease rate changes will occur in July 2020. Page 30 File Attachments for Item: 2. Building Permit Report – Second Quarter 2020 Page 31 CITY OF KENAI BUILDING PERMITS --2nd Quarter 2020 Permit#: Date Parcel# Owner Address Legal Description Comments Valuation RIC B5495 5/4/2020 Joshua & Rebecca 375 Dolchok L 7, B4 Basin View Sub. #Single Family $528,000 R Schultz Dwelling B5496 5/6/2020 Ross and Angela 1535 Angler Drive L29, B1 Anglers Acres #176 Addition $21,000 R Harding Subdivision 85497 5/15/2020 Patrick & Leslie Cooper 565 Devray St. Tr. C, Strawberry Fields #2112 Sqf Addition $258,600 c Forever Addn. #2 85498 5/20/2020 Shawn T & Maureen 1323 Barabara Drive L 1, Wild Rose Subdivision #800 sqf Garage $38,300 R Brown Add ti on B5499 5/20/2020 Brian Scow -Markham -14863 Kenai Spur Hwy 83, Radar Sub. #1200 Storage $57,960 c Scow Ventures , LLC Bu ilding 85500 5/28/2020 Hall Building , LLC 2280 Roya l Street L 1 Waterfront Estates #Includes a 3600 $633,000 R sfq detached garage B5501 6/1/2020 Kenai Peninsula 2392 Redoubt Ave L1 #Approva l with $800,000 c Hou sing Initiative stipulations B5502 6/5/2020 Brian Johnson 1100 First Street L 1, B9 #672 sf garage $32,500 R addition B5503 6/1/2020 Fred Perez 204 Birch Street L2 White Birch Subdivision #440 sf Addition $54,000 R Wed11esday, July I, 2020 Page I o/2 Page 32 Permit#: Date Parcel# Owner Address Legal Description Comments Valuation RIC 85504 6/9/2020 Jeff Olson 520 Ash Ave L 1, BJ Woodland #Modify garage $16,500 R Subdivision roof from a flat roof to a pitched roof 85505 6/8/2020 Kena itze Indian Tribe 1001 Mission A ve L 1, Toyon Subdivision #Change of $700 ,000 c Occupancy from R- 2 to Business B5506 6/18/2020 Bryan R. Lowe 1517 Pey Drive L 14 Shoreline Heights #Two Fami ly $472,000 R Subdivision Dwelling 85507 6/18/2020 Thom as Donaghe 1335 Chinook Drive L21 Oberts Pillars #Single Family $850,000 R Residence Wednesday, July I, 2020 Pa ge2of2 Page 33