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Home My WebLink About2020-07-22 Planning & Zoning PacketKenai Planning and Zoning Commission Meeting Page 1 of 2 July 22, 2020 City of Kenai Planning and Zoning Commission Meeting July 22, 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. *July 8, 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 PZ2020-19 - Preliminary Subdivision Plat of Oberts Pillars Subdivision Donaghe Replat, submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, AK 99669, on behalf of Thomas Donaghe, 3305 Togiak St., Unit A, Kenai, AK 99611 F. PUBLIC HEARINGS G. UNFINISHED BUSINESS H. NEW BUSINESS I. PENDING ITEMS J. REPORTS Page 1 Kenai Planning and Zoning Commission Meeting Page 2 of 2 July 22, 2020 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 M. NEXT MEETING ATTENDANCE NOTIFICATION 1. August 12 - 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. Participation (join Zoom meeting): https://us02web.zoom.us/j/89391066123 Virtual Meeting ID: 893 9106 6123 Password: 165710 OR Telephonic Participation: +1 253 215 8782 or +1 301 715 8592 Meeting ID: 893 9106 6123 Password: 165710 Page 2 File Attachments for Item: *July 8, 2020 Page 3 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING JULY 8, 2020 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING MINUTES A. CALL TO ORDER Commission Vice Chair Fikes called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Commission Vice Chair Fikes led those assembled in the Pledge of the Allegiance. 2. Roll Call Commissioners present: D. Fikes, G. Greenberg, R. Springer, J. Halstead, T. McIntyre, V. Askin Commissioners absent: J. Twait 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: Commissioner Springer MOVED to approve the agenda as written and Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Askin MOVED to approve the consent agenda and Commissioner Springer 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 July 8, 2020 B. APPROVAL OF MINUTES 1. *June 24, 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 PZ2020-18 - 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 MOTION: Commissioner Askin MOVED to recommend approval of the preliminary subdivision plat of Eventyr Subdivision No. 3, submitted by Edge Survey and Design LLC, and Commissioner Springer SECONDED the motion. The City Planner reviewed the staff report provided in the packet and noting the plat reconfigured three lots into two lots recommending approval with the following conditions: • Further development of the property shall conform to all federal, State, and local regulations. • 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. • 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. Clarification was provided that what is identified as Teresa Street is currently wooded and would not impact the block or the neighborhood. VOTE: YEA: Springer, Halstead, Fikes, Greenberg, Askin, McIntyre NAY: MOTION PASSED UNANIMOUSLY. F. PUBLIC HEARINGS – None. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS – None. Page 5 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 3 July 8, 2020 I. PENDING ITEMS – None. J. REPORTS 1. City Council – Council Member Knackstedt reported on the actions from the July 1 City Council meeting. 2. Borough Planning – Commissioner Fikes noted the Borough Planning Commission will meet again on July 13. 3. Administration – City Planner Appleby reported on the following: • Met with the operator of the gravel pit on Beaver Loop Road and asked for more trees to be planted; added Kenai Peninsula Borough staff had developed an agreement with them to mitigate a stream issue; • Would be providing the Midmonth Report to Council in the packets; • A Code Enforcement tool on the website was available; • Ongoing Dipnet meetings before the fishery opens; • Still planning to hold the second meeting in July. K. ADDITIONAL PUBLIC COMMENT – None. 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 – July 22, 2020 N. COMMISSION COMMENTS & QUESTIONS – None. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:29 p.m. Minutes prepared and submitted by: ____________________________ Jamie Heinz, CMC City Clerk Page 6 File Attachments for Item: Resolution PZ2020-19 - Preliminary Subdivision Plat of Oberts Pillars Subdivision Donaghe Replat, submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, AK 99669, on behalf of Thomas Donaghe , 3305 Togiak St., Unit A, Kenai, AK 99611 Page 7 STAFF REPORT TO: Planning and Zoning Commission FROM: Elizabeth Appleby, City Planner DATE: July 16, 2020 SUBJECT: PZ2020-19 – Preliminary Plat – Oberts Pillars Subdivision Donaghe Replat Applicants: Thomas Donaghe 3305 Togiak St., Unit A Kenai, AK 99611 Submitted By: McLane Consulting, Inc. P.O. Box 468 Soldotna, AK 996 69 Requested Action: Preliminary Subdivision Plat – Oberts Pillars Subdivision Donaghe Replat Legal Description: Lots 21 and 22, Oberts Pillars Subdivision Part 2 Property Address: 1335 Chinook Drive and 1345 Chinook Drive KPB Parcel No: 04937134 and 04937135 Lot Size: 1.51 acres (approximately 65,776 square feet), and 1.41 acres (approximately 61,420 square feet) Existing Zoning: Rural Residential (RR) Current Land Use: Vacant Lots Land Use Plan: Low Density Residential Page 8 Page 2 of 3 GENERAL INFORMATION McLane Consulting, Inc submitted a preliminary plat on behalf of the property owner, Thomas Donaghe. The plat affects the parcels described as Lots 21 and 22, Oberts Pillars Subdivision Part Two. The property owner wishes to vacate the property line between the two lots which will create a larger lot described as Lot 21A, Oberts Pillars Subdivision Donaghe Replat. Lot 21A, Oberts Pillars Subdivision will be approximately 2.911 acres (approximately 126,802 square feet). The property owner has obtained a building permit from the City of Kenai to construct a single family dwelling with an attached garage on Lot 21, Oberts Pillars Subdivision Part Two. The property owner has indicated that he would like to construct a detached garage on Lot 22, Oberts Pillars Subdivision Part Two. Kenai Municipal Code would not allow him to construct the detached garage (accessory structure) without a primary residence being on the parcel. The vacation of the lot line between the two lots will allow the property owner to construct the detached garage (accessory structure) because it will be on the same parcel as the primary residence. 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 16 , 2020. ANALYSIS The proposed Lot 21A is bordered by roads on three sides. The Kenai Spur Highway is maintained by the State of Alaska. Silver Salmon Drive and Chinook Drive are paved and maintained by the City of Kenai. The property owner must obtain a driveway permit from the City of Kenai before constructing a planned driveway from Chinook Drive. Plat Note number two (2) provides that no direct access to state-maintained rights-of-way is permitted unless approved by the State of Alaska Department of Transportation and Public Facilities, which would apply to any access from the Kenai Spur Highway. City water and sewer connections are not available in this area. The owner will need to install a private well and onsite septic system. A plat note states that plans for wastewater disposal that meet regulatory requirements are on file at the Department of Environmental Conservation. The surveyor has emailed that the parent plat has an approved engineers subdivision and soils report on file with the Kenai Peninsula Borough. An installation agreement is not required. Page 9 Page 3 of 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 additional label for the 10-foot utility easement to be added to the plat. The additional label of the 10-foot utility easement will match how the easement is labeled on the parent plat for clarity. RECOMMENDATIONS City staff recommends approval of the preliminary plat of Oberts Pillars Subdivision Donaghe Replat, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Insert an additional label for the “10’ utility easement” to add clarity to the plat. ATTACHMENTS 1. Resolution No. PZ2020-19 2. Application 3. Preliminary Plat 4. Aerial Map Page 10 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-19 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT OBERTS PILLARS SUBDIVISION DONAGHE REPLAT ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from McLane Consulting, Inc. and, WHEREAS, the plat meets Municipal Code requirements of the Rural Residential Zone; and, WHEREAS, street names are referenced correctly; and, WHEREAS, Chinook Drive and Silver Salmon Drive are paved and City-maintained roads providing access to the proposed Lot 21A, Oberts Pillars Subdivision Donaghe Replat; and, WHEREAS, the property owner will obtain a driveway permit off of Chinook Drive from the City; and, WHEREAS, City water and sewer lines are not located in this area and an installation agreement will not be required; and, WHEREAS, the property owner will install a private well and onsite septic system which meet the regulatory requirements of the Alaska Department of Environmental Conservation; and WHEREAS, the removal of the lot line between Lots 21 and 22 Oberts Pillars Subdivision Part Two will allow the property owner to construct a detached garage on Lot 21A, Oberts Pillars Subdivision Donaghe Replat; 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, easements are 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. 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. Page 11 Resolution No. PZ2020-19 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 Oberts Pillars Subdivision Donaghe 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. 2. Insert an additional label for the “10’ utility easement” to add clarity to the plat. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 22nd day of July, 2020. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, CITY CLERK Page 12 City of Kenai JC Planning and Zoning Dep artm ent Prel iminary Plat 210 Fidalgo A venue Kenai. AK 99611 Subm ittal Form (907) 283-8200 planning@kenai.ci ty www.kenai.city/planning /.:.,*"l_l{l..t.:1~~-, (~~\'~'@;11 Name: Mclane Consulting Mailing Address; PO BOX468 City: I Soldotna State : IAK IZip Code: I 99669 Phone Number(s): 907-283-4218 Email: JHALL@MCLANECG .COM l :Jt@ ~~lfrWf~W,~tf ;~ Name: Thomas Donaghe Mailing Address: 3305 Togiak St. Unit A City; I Kena i State: IAK IZip Code: 199611 Phone Number(s): 907-252-2097 Email; t:{~3"'fri'1 1.rIT":@illiW.@It Kenai Peninsula Borough Parcel #: 04937135 Current City Zoning; Rural Residential Use: ~ Residential D Recreational D Commercial 0 Other: Water: l!l On Site 0 City 0 Community Sewer: !!! On Site 0 City D Community l;l~"i r ll~~U-~1®'~ Preliminary Plat Name; Oberts Pillars Subdiv ision Donaghe Rep lat Revised Preliminary Plat Name: Vacation of Public Right-of-Way: OYes l!I No Street Name (if vacating ROW): Exceptions Required and Requested : Comments: fi[~1 4,n.~~lM300 l!!!!!l Certificate to Plat ~ (1) 24" x 36" Plat ~ (2) 11" x 17" Plats /) --~~~~~ Signature: I -~ ~ \~ \....L___ I Date ; I 7/7/?Jj ,, ~- Print Name: ~ Thomas Donagh~ ~ !Title/Bus iness: Page 13 ~- lt:EtottDl.'4.WMON •921·51t97 ---+---- .. IASG Of IUll:INGS .. IH91-)J ---H7A- N00'1)()'00"E --10101· + (UIWflAIU CUlll\1 •1 onu. I~ "'"'"' c.i I 1r.,,,."1 tM,, MIU l\ .. J1'J1"'l itO.eo }0" r41"W ft"'4.1f UUI ...... ...... 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Page 14 Parcels 04937134 and 049371351335 and 1345 Chinook DriveLots 21 and 22, Oberts Pillars Subdivision Part 2 SILVER S AL M O N D R K E N A I S P U R HW Y CHINOOK C T CHIN O O K D R .Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. Aerial MapPreliminary Plat: Oberts Pillars Subdivision Donaghe Replat Date: July 2020 LEGENDParcels Amendedby Preliminary Plat 0 4020 Feet Page 15 File Attachments for Item: City Council Page 16 Kenai City Council - Regular Meeting Page 1 of 4 July 15, 2020 Kenai City Council - Regular Meeting July 15, 2020 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information Below** 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. ENACTED UNANIMOUSLY. 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). (Administration) 2. ENACTED UNANIMOUSLY. 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) 3. ADOPTED UNANIMOUSLY. Resolution No. 2020-60 - Authorizing a Budget Transfer in the COVID-19 CARES Act Recovery Fund. (Administration) 4. ADOPTED UNANIMOUSLY. Resolution No. 2020-61 - Amending Council Policy Number 2018-01 – Parks and Recreation Commission Student Representative Policy, to Broaden the Qualifications and Requirements for the Student and Make the Policy More Inclusive. (Vice Mayor Molloy) Page 17 Kenai City Council - Regular Meeting Page 2 of 4 July 15, 2020 5. ADOPTED UNANIMOUSLY. Resolution No. 2020-62 - Supporting the City’s Request to Plan, Design, Contract, and Perform Construction Administration of the Bridge Access Road Pedestrian Pathway Project. (Council Member Knackstedt) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of July 1, 2020. (City Clerk) F. UNFINISHED BUSINESS 1. POSTPONED TO 08/05/2020. Substitute Ordinance No. 3133-2020 - 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 this Council Meeting. A Motion to Enact is On the Floor.] G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration) 2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - FY2020 Purchase Orders over $15,000. (Administration) 3. APPROVED BY THE CONSENT AGENDA. *Action/Approval - FY2021 Purchase Orders Over $15,000. (Administration) 4. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Non-Objection to the Issuance of a New Restaurant/Eating Place Liquor License for Jersey Subs. (City Clerk) 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 08/05/20. *Ordinance No. 3146-2020 - Increasing Estimated Revenues and Appropriations in the General Fund, Library Improvement Capital Project Fund, Visitor Center Improvement Capital Project Fund, Municipal Roadway Improvements Capital Project Fund, Kenai Recreation Center Improvements Capital Project Fund, Information Technology Improvements Capital Project Fund, and City Hall Improvements Capital Project Fund to Fund Capital Projects Deferred During the FY2021 Budget Process. (Administration) 6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 08/05/20. *Ordinance No. 3147-2020 - Accepting and Appropriating $2,135.25 in Asset Forfeiture Sharing Funds for Purchasing Law Enforcement Equipment into the General Fund, Police Department. (Administration) 7. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 08/05/20. *Ordinance No. 3148-2020 - Accepting and Appropriating a Meals on Wheels COVID-19 Response Fund Grant Round Two from Meals on Wheels America for Kenai Senior Center Page 18 Kenai City Council - Regular Meeting Page 3 of 4 July 15, 2020 Expenditures in Support of its Response to the COVID-19 Public Health Emergency. (Administration) 8. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 08/05/20. *Ordinance No. 3149-2020 - Accepting and Appropriating a Grant from the Federal Aviation Administration and Authorizing the Purchase of Property Described as Lot 5, Spruce Creek Subdivision which is in the Airport’s Runway Protection Zone. (Administration) 9. 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 M. PENDING ITEMS 1. 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 July 1 Meeting, this item was Postponed to the 08/19/20 Council Meeting.] 2. 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 July 1 Meeting, this Item was Postponed to the 08/19/20 Council Meeting.] N. ADJOURNMENT Page 19 Kenai City Council - Regular Meeting Page 4 of 4 July 15, 2020 O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000. 2. Recovery Grant Correspondence 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/86548858652 Or Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 865 4885 8652 Password: 385081 Page 20 File Attachments for Item: 2. Kenai Peninsula Borough Page 21 144 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: Plat Committee Final Agenda July 13, 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 1. Election of Officers C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences 3. Minutes a. May 26, 2020 Plat Committee Meeting Page 22 Plat Committee Tentative Agenda July 13, 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. Roan Walden Chalets at Johnstone Bay KPB File 2020-060; [Edge Surveys/Design, LLC] Remote Location, Johnstone Bay Area 2. Rumley Collie Eight KPB File 2020-061; [Orion Surveys/East End Mini Storage, LLC] On East End Rd. & Collie St. City of Homer 3. Baron Park 2020 Replat KPB File 2020-057; [Segesser/City of Kenai] Off Daubenspeck Cir. & Magic Ave. City of Kenai 4. Beaver Loop Acres Addition No. 2 KPB File 2020-049; [Segesser/Beaver Loop Sand & Gravel LLC & Estate of Patrick, Joseph & Mary] Off Beaver Loop Road City of Kenai 5. Newton Segura Subdivision KPB File 2020-056; [Segesser/Newton] Off Juliussen St. & Beaver Loop Rd. City of Kenai 6. Jeanwood Estates Puentes Addition KPB File 2020-055 [Segesser/Puentes] Off Foraker Ave. & Scout Lake Loop Rd. Sterling Area F. FINAL SUBDIVISION PLAT PUBLIC HEARING - None G. OTHER / NEW BUSINESS H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED I. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING Page 23 Plat Committee Tentative Agenda July 13, 2020 Page 3 August 10, 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 24 144 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 Action Agenda July 13, 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 Page 25 Planning Commission Tentative Agenda June 8, 2020 Page 2 Chairman of your wish to comment. *1. Time Extension Request a. Kees Tern Subdivision KPB File 2013-023; [Segesser / Martin] Location: City of Kenai *2. Planning Commission Resolutions - None *3. Plats Granted Administrative Approval – 6 Plats *4. Plats Granted Final Approval (20.10.040) - None *5. Plat Amendment Request - None *6. Utility Easement Vacations *7. Commissioner Excused Absences a. Robert Ernst, Northwest Borough b. Jeremy Brantley, Sterling c. Vacant, Ridgeway *8. Minutes a. June 8, 2020 Planning Commission Meeting Motion to approve the consent and regular agenda passed by unanimous vote. D. UNFINISHED BUSINESS E. PUBLIC HEARINGS 1. Vacate a portion of the cul-de-sac at the north end of Daubenspeck Circle as dedicated on Baron Park 2012 Addition Plat KN 2012-89; KPB File 2020-057V; Petitioner(s): City of Kenai, Kenai, AK Motion to approve the vacation as petitioned based on the means of evaluation public necessity established by KPB 20.70 passed by unanimous vote. 9 Yes, 0 No 2. Vacate the following; a. Vacate Sara Jane St. a 100 ft. right-of-way (per Rappe Park Sub. Amended KN 87-105 & Patent Deed KN Bk. 31 Pg. 299 & Patent Deed Bk. 27, Pg. 65) b. Vacate a portion of Park Rd. a 60 ft. right-of-way (per Rappe Park Sub. Amended KN 87- 105 & ADL 220394, Serial Number KN 2018-007092-0) c. Vacate 50 ft. right-of-way easements on the east and west of Government Lot 19 (per Patent Deed KN Bk. 27, Pg. 65). KPB File 2020-059V; Petitioner(s): Louis F. Oliva Jr. & Stacy Ann Oliva of Nikiski, AK and Triple Know Land & Livestock LLC of Kenai, AK. Motion to postpone action until brought back by staff passed by unanimous vote. 9 Yes, 0 No Page 26 Planning Commission Tentative Agenda June 8, 2020 Page 3 3. Ordinance 2020-34 Authorizing a negotiated sale with Jerry D. & Cheryl E. James at fair market value for Tract E, Alaska State Land Survey 2003-5, Plat No. 2006-21, Seward Recording District. Motion to forward to the Assembly a recommendation to approve Ordinance 2020-34 passed by unanimous vote. 9 Yes, 0 No 4. Resolution 2020-XX Authorizing the Borough, on behalf of the South Kenai Peninsula Hospital Service Area, to Enter into a long-term lease agreement for a professional office building at 4251 Bartlett Street, Homer, Alaska Motion to forward to the Assembly a recommendation to approve Ordinance Resolution 2020-XX passed by unanimous vote. 9 Yes, 0 No F. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) PUBLIC HEARINGS G. UTILITY EASEMENT VACATIONS 1. Vacate the 10 foot wide drainage easement on Lot 24-A, AA Mattox Peggi's Addition, granted by AA Mattox Peggi's Addition (Plat HM 99-64); within Section 17, Township 6 South, Range 13 West, Seward Meridian, Alaska, within the Kenai Peninsula Borough; KPB File 2019-048V; Petitioner(s)/Owner(s): Annalisa Cox of Homer, AK & Former Land Owner, Peggi L. Patton of Homer, AK Motion to approve the utility easement as petitioned passed by unanimous vote. 9 Yes, 0 No 2. Vacate the 10 foot utility easement adjoining the south boundary of Lot 1, excluding 10 feet adjoining Owen Road right of way; the 10 foot utility easement adjoining the east boundary of Lot 10, excluding the 10 feet adjoining Cowen Road right of way, and the 10 foot utility easement adjoining the east and north boundary of Lot 11, excluding the 10 feet adjoining Owen Road right of way, located within Cowan-McFarland Subd. No. 3 (Plat KN 83-227), utility easements granted by Cowan McFarland Subdivision No 1 (Plat KN 1660) and Cowan-McFarland Subd. No. 3 (Plat KN 83-227); within Section 22, Township 5 North, Range 9 West, Seward Meridian, Alaska, within the Kenai Peninsula Borough. KPB File 2020-053V; Petitioner(s)/Owner(s): Russell A. Stirman of Kennewick, WA. Motion to approve the utility easement as petitioned passed by unanimous vote. 9 Yes, 0 No H. SPECIAL CONSIDERATIONS 1. Building Setback Exception Hansen Subdivision Lot 2 Block 1 KPB File 2020-058; Resolution 2020-15 Location: Off Oehler Road, Industrial St. & Funny River Rd. Motion to approve the building setback exception passed by unanimous vote. 9 Yes, 0 No Page 27 Planning Commission Tentative Agenda June 8, 2020 Page 4 I. SUBDIVISION PLAT PUBLIC HEARINGS a. The Plat Committee reviewed and approved 10 plats at the June 22, 2020 meeting. b. The Plat Committee reviewed 6 plats, approved 5 and postpone 1 at the July 13, 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 1. KPB Comprehensive Plan Discussion Focus Area: Agriculture and 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 . August 10, 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 Zoom Meeting 7/8/20 6:00 p.m. Funny River Funny River Community Center TBD 6:00 p.m. Kalifornsky Zoom Meeting 7/8/20 6:00 p.m. Page 28 Planning Commission Tentative Agenda June 8, 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 7/9/20 6:00 p.m. Page 29 File Attachments for Item: 3. City Administration Page 30 MEMORANDUM TO: Kenai Planning and Zoning Commission FROM: Elizabeth Appleby, City Planner DATE: July 7, 2020 SUBJECT: Planning and Zoning Mid-Month Report June 2020 Planning and Zoning Commission Agenda Items and Resolutions • Resolution PZ2020-13 - Application for the Rezoning of two parcels adjacent to the Kenai Spur Highway and described as Tracts 1 and 2, Holland Spur Highway Subdivision, and located at 7344 and 7450 Kenai Spur Highway, from Rural Residential (RR) to General Commercial (CG). The application was submitted by the majority property owner, Glen Martin, P.O. Box 1389, Soldotna, AK 99669. • Resolution PZ2020-15 - Preliminary Subdivision Plat of Holland Spur Highway Subdivision 2020 Addition, submitted by Segesser Surveys, 30485 Rosland St., Soldotna, AK 99669, on behalf of Glen Martin, P.O. Box 1389, Soldotna, AK 99669. • Resolution PZ2020-16 - Preliminary Subdivision Plat of McLennan Estates Addition No. 1, submitted by Segesser Surveys, 30485 Rosland St., Soldotna, AK 99669, on behalf of Cheney and Maryann McLennan, 701 Davidson Dr., Kenai, AK 99611. • Resolution PZ2020-17 - Request to Rename Pelchy Drive to Pelch Drive. The request was submitted by the adjacent property owner, Michael J. Pelch, Jr. 3230 Harlow Rd., Eugene, OR 97401. • Resolution PZ2020-18 - Preliminary Subdivision Plat of Eventyr Subdivision No. 3, submitted by Edge Survey and Design LLC, P.O. Box 59, Soldotna, AK 99669, on behalf of Molly E. Hannigan, 108 Linwood Lane, Kenai, AK 99611, and Christopher Etheridge, P.O. Box 1406, Kenai, AK 99611. • Action/Approval - Authorizing the City Planner to Send a Letter to the Kenai Peninsula Borough Supporting a One-Year Time Extension to Finalize the Plat of Kee’s Tern Subdivision. • Action/Approval - Application for Ten-Year Lease Renewal of City-Owned Land Within the Airport Reserve described as Lot 1A, Block 1, General Aviation Apron Subdivision No. 6 and located at 330 Main Street Loop. The application was submitted by Kenai Aviation Services, Inc. d/b/a Aviation Services, 1755 Lincoln Hill Rd. Martinsville, IN 46151. • Action/Approval - Transitioning to In-Person / Zoom Hybrid Meetings Page 31 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 7 Building Permit reviews in May 2020. Code Enforcement 3 cases were opened in June 2020 for Garbage. 1 case was opened in June 2020 for Debris and Junk. Lands • Lease assignment from DeWayne Benton to Joel Caldwell • Special Use Permit approved to the Kenai Chamber of Commerce and Visitor Center for the Moosemeat John Cabin • Lease renewal of 10 years approved for Kenai Aviation Services, Inc. d/b/a Aviation Services (UPS) • Lease conversion and development incentives approved for SOAR International Ministries, Inc. Page 32