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HomeMy WebLinkAbout2020-09-23 Planning & Zoning Packet Kenai Planning and Zoning Commission Meeting Page 1 of 2 September 23, 2020 Kenai Planning and Zoning Commission Meeting September 23, 2020 ꟷ 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. *September 9, 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 F. PUBLIC HEARINGS 1. Resolution PZ2020-30 – Application for a Conditional Use Permit for the breeding and sale of dogs, for the property described as Lot 1, Block 7, North 90 feet thereof, Mommsens Subdivision Replat Additions No. 1 and 2, located at 1115 First Street, Kenai, Alaska 99611. The application was submitted by Robert H. and Donna L. Myers, 1115 First Street, Kenai, Alaska 99611 G. UNFINISHED BUSINESS H. NEW BUSINESS Page 1 Kenai Planning and Zoning Commission Meeting Page 2 of 2 September 23, 2020 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) 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. INFORMATIONAL ITEMS M. NEXT MEETING ATTENDANCE NOTIFICATION 1. October 14, 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. 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. Participation (join Zoom meeting): https://us02web.zoom.us/j/88619201987 Virtual Meeting ID: 886 1920 1987 Password: 870090 OR Telephonic Participation: +1 253 215 8782 or +1 301 715 8592 Meeting ID: 886 1920 1987 Passcode: 870090 Page 2 File Attachments for Item: *September 9, 2020 Page 3 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING SEPTEMBER 9, 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 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, J. Halstead, V. Askin, T. McIntyre Commissioners absent: R. Springer, G. Greenberg Staff/Council Liaison present: City Attorney S. Bloom, Planning Assistant W. Anderson, Deputy City Clerk J. LaPlante, Council Liaison H. Knackstedt A quorum was present. 3. Agenda Approval MOTION: Commissioner Halstead 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 Halstead SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 5. *Excused absences – R. Springer, G. Greenberg Page 4 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 3 September 9, 2020 B. APPROVAL OF MINUTES 1. *August 26, 2020 The minutes were approved by the Consent Agenda. C. SCHEDULED PUBLIC COMMENT – None. D. UNSCHEDULED PUBLIC COMMENT – None. E. CONSIDERATION OF PLATS – None. F. PUBLIC HEARINGS – None. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. Resolution PZ2020-32 - Recommending to the Kenai City Council that the City of Kenai Rename Daubenspeck Circle to Daubenspeck Road on the Plat of Baron Park 2020 Replat. The request was submitted by the City of Kenai, 210 Fidalgo Street, Kenai, AK 99611 The Planning Assistant referred to the staff report in the packet noting the Plat of Baron Park 2020 was recommended for approval by the Commission in May 2020. With the vacation of the right- of -way for the cul-de -sac of Daubenspeck Circle, the road was being extended, it was recommended by the Kenai Peninsula Borough to rename it from Daubenspeck Circle to Daubenspeck Road for ease to emergency services. MOTION: Commissioner Askin MOVED to recommend Council approval of Resolution No. PZ2020-32 and Commissioner Fikes SECONDED the motion. VOTE: YEA: McIntyre, Halstead, Fikes, Askin, Twait NAY: MOTION PASSED UNANIMOUSLY. 2. Action/Approval – Recommendation to the Kenai City Council for the Execution of a Forty-Five Year Lease of Airport Reserve Lands Using the Standard Lease Form Between the City of Kenai and Kenai Aviation Operations, LLC, for Lot 9A, Block 5, General Aviation Apron No. 5. The Planning Assistant reviewed the memorandum in the packet, adding that a notice was advertised opening the space for additional applicants submission and there were none. MOTION: Page 5 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 3 September 9, 2020 Commissioner Askin MOVED to recommend approval of the execution of a forty-five year lease between the City of Kenai and Kenai Aviation Operations, LLC as described and Commissioner Fikes SECONDED the motion. VOTE: YEA: Halstead, McIntyre, Twait, Fikes, Askin NAY: MOTION PASSED UNANIMOUSLY. I. PENDING ITEMS – None. J. REPORTS 1. Borough Planning – Commissioner Fikes reported the Borough Planning Commission has not met since the last Planning and Zoning Commission meeting; the next meeting is on September 14. 2. City Council – Council Member Knackstedt reported on the actions from the September 2 City Council meeting, also noting a presentation by Janice Nightingale regarding the need for cold-weather shelter in Kenai/Soldotna area, and introduction of the new Executive Director at the Kenai Chamber of Commerce and Visitors’ Center, Brittany Brown. 3. Administration – City Attorney S. Bloom reported that Assistant Planner, W. Anderson was the point of contact for the Planning Department until a new Planning Director was hired. It was also reported that Deputy Clerk, Jacquelyn LaPlante submitted her resignation to be a stay at home mother; her last day would be October 6. K. ADDITIONAL PUBLIC COMMENT – None. L. INFORMATIONAL ITEMS – None. M. NEXT MEETING ATTENDANCE NOTIFICATION – September 23, 2020 N. COMMISSION COMMENTS & QUESTIONS – None. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:31 p.m. Minutes prepared and submitted by: ____________________________ Jacquelyn LaPlante Deputy City Clerk Page 6 File Attachments for Item: Resolution PZ2020-30 – Application for a Conditional Use Permit for the breeding and sale of dogs, for the property described as Lot 1, Block 7, North 90 feet thereof, Mommsens Subdivision Replat Additions No. 1 and 2, located at 1115 First Street, Kenai, Alaska 99611. The application was submitted by Robert H. and Donna L. Myers, 1115 First Street, Kenai, Alaska 99611 Page 7 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-30 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR THE BREEDING AND SALE OF DOGS APPLICANT: Robert H. and Donna L. Myers PROPERTY ADDRESS: 1115 First Street LEGAL DESCRIPTION: Lot 1, Block 7, North 90 feet thereof, Mommsens Subdivision Replat Addition No. 1 and 2 KENAI PENINSULA BOROUGH PARCEL NUMBER: 03910116 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City; and, WHEREAS, the applicant has demonstrated with plans and other documents that the prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code 14.20.150; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on September 23, 2020, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; The intent of the RS Zone is to provide for medium density residential development in areas which will be provided with common utility systems. Kennels are a conditional use within this zone. The parcel is about a third larger in size than many of the other surrounding parcels. The layout of the property is such that a kennel would not violate the neighborhood character of surrounding parcels as there is sufficient space to accommodate the kennel and there will only be two females available for breeding. 2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; The surrounding neighborhood is comprised of single family dwellings and four-plexes. The applicant states that the breeding operation will be small in scale with two females Page 8 Resolution No. PZ2020-30 Page 2 of 3 available for breeding at a time. Typically, there are between 4 and 6 puppies in a litter. The property on three sides of the property are vacant lots and wooded so barking would be absorbed. The parcel to the south is owned by the City of Kenai and is recommended to be retained for a potential road right-of -way at some point in the future. The parcel to the north is also owned by the City of Kenai. This parcel could potentially be developed for a single-family home eventually by a private party, but the kennel is not expected to impact the development potential. The parcels to the west are owned by a private property owner who has a house on one parcel and a vacant lot on the parcel closest to the proposed kennel. First Street fronts the parcel at the east. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. The dog breeding business will allow for a new small business without impairing the quality of life within the neighborhood. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; The properties located along First Street have access to City water, City sewer, natural gas, electricity, and telephone services. First Street is a paved road which is maintained by the City of Kenai. The operation of a commercial kennel would not have an impact on these services. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; The applicant indicates that the Shelties are totally socialized and contained within a fenced yard. The breeding business is not expected to increase traffic as customers would only occasionally come by to pick up a dog or the owner would deliver the dog. 6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. See Conditions of Approval as set forth below. The applicant must obtain a commercial kennel license. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional use permit is granted to Robert H. and Donna L. Myers for the breeding and sale of dogs at 1115 First Street. Section 2. That the conditional use permit is subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. Page 9 Resolution No. PZ2020-30 Page 3 of 3 2. Prior to operation, the applicant must obtain a commercial kennel license from Animal Control, pursuant to Kenai Municipal Code 3.05.10(7)(A). 3. The applicant will not have more than two breeding female dogs on the premises. 4. A biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 6. The applicant will meet with City staff for on-site inspections when requested. 7. If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14.20.150(i)(5). 8. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 23rd day of September, 2020. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, CMC, CITY CLERK Page 10 STAFF REPORT TO: Planning and Zoning Commission FROM: Elizabeth Appleby, City Planner DATE: September 3, 2020 SUBJECT: PZ2020-30 – Conditional Use Permit – Breeding and Sale of Dogs Applicant: Robert H. and Donna L. Myers 1115 First Street Kenai, Alaska 99611 Legal Description: Lot 1, Block 7, North 90 feet thereof, Mommsens Subdivision Replat Addn. No. 1 and 2 Property Address: 1115 First Street KPB Parcel No: 03910116 Lot Size: 0.31 acres (13,504 square feet) Existing Zoning: Suburban Residential Current Land Use: Single Family Dwelling Land Use Plan: Suburban Residential GENERAL INFORMATION The applicant purchased this residence in February of 2019, and would like to establish a small commercial kennel for the breeding of Shetland Sheep dogs. The residence is located in the Suburban Residential zone. Kenai Municipal Code 14.22.010 – Land Use Table provides that an animal boarding/commercial kennel is a conditional use; therefore, the property owner has submitted an application for a Conditional Use Permit. The applicant has also submitted an application for a commercial kennel permit to Animal Control. JJ Hendrickson, Animal Control Officer, is in the process of reviewing the application. An inspection of the premises will be performed by the Animal Control Officer to determine if it is feasible to have a small breeding operation located in the residence. The applicants have stated that the business is to be small in scale and run by their teenage daughter with some parental assistance. Page 11 Page 2 of 4 Application, Public Notice, Public Comment Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use were mailed to property owners within a three hundred-foot (300’) periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. The applicant submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use request. ANALYSIS Kenai Municipal Code 14.20.150(d) – Review Criteria for Conditional Use Permits Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that may be compatible with the designated principal uses in specific zoning districts provided certain conditions are met. KMC 14.20.150(d)-Conditional Use Permits Review Criteria states six conditions that the Planning and Zoning Commission must deem to exist when establishing findings prior to issuing a conditional use permit: • The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The intent of the RS Zone is to provide for medium density residential development in areas which will be provided with common utility systems. Kennels are a conditional use within this zone. The parcel is about a third larger in size than many of the other surrounding parcels. The layout of the property is such that a kennel would not violate the neighborhood character of surrounding parcels as there is sufficient space to accommodate the kennel and there will only be two females available for breeding. • The value of the adjoining property and neighborhood will not be significantly impaired. The surrounding neighborhood is comprised of single family dwellings and four-plexes. The applicant states that the breeding operation will be small in scale with two females available for breeding at a time. Typically, there are between 4 and 6 puppies in a litter. The property on three sides of the property are vacant lots and wooded so barking would be absorbed. The parcel to the south is owned by the City of Kenai and is recommended to be retained for a potential road right-of -way at some point in the future. The parcel to the north is also owned by the City of Kenai. This parcel could potentially be developed for a single-family home eventually by a private party, but the kennel is not expected to impact the development potential. The parcels to the west are owned by a private property owner who has a house on one parcel and a vacant lot on the parcel closest to the proposed kennel. First Street fronts the parcel at the east. • The proposed use is in harmony with the Comprehensive Plan. The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. The dog breeding business will allow for a new small business without impairing the quality of life within the neighborhood. Page 12 Page 3 of 4 • Public services and facilities are adequate to serve the proposed use. The properties located along First Street have access to City water, City sewer, natural gas, electricity, and telephone services. First Street is a paved road which is maintained by the City of Kenai. The operation of a commercial kennel would not have an impact on these services. • The proposed use will not be harmful to the public safety, health or welfare. The applicant indicates that the Shelties are totally socialized and contained within a fenced yard. The breeding business is not expected to increase traffic as customers would only occasionally come by to pick up a dog or the owner would deliver the dog. • Specific conditions deemed necessary. See Conditions of Approval as set forth below. The applicant must obtain a commercial kennel license. RECOMMENDATIONS City staff find that the applicant meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (d)(1) through (d)(4) of Kenai Municipal Code 14.20.185, and hereby recommends that the Planning and Zoning Commission approve the Conditional Use Permit application, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to operation, the applicant must obtain a commercial kennel license from Animal Control, pursuant to Kenai Municipal Code 3.05.10(7)(A). 3. The applicant will not have more than two breeding female dogs on the premises. 4. A biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 6. The applicant will meet with City staff for on-site inspections when requested. 7. If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14.20.150(i)(5). 8. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. ATTACHMENTS A. Resolution No. PZ2020-30 B. Application Page 13 Page 4 of 4 C. Site Plan D. Aerial Map Page 14 Parcel 03910116 1115 First Street Lot 1, Block 7, Mommsens Subdivision Replat FIRST STSPUR DRAUGUSTINE W A Y WIL D W O O D D R .Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. Aerial Map: PZ2020-30 Date: September 2020 LEGEND Parcel 03910116 0 4020 Feet Page 15 Name: Mailing Address: City:. Phone Number(s): Email: Name: Mailing Address: City: Phone Number(s): Email: Legal Description: Zoning: Acres: ·condition al Use Permit Applic ati on State: Conditional Use Requested for (attach additional sheets if necessary): City of Kenai Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 planning@kenai .city www.kenai.city/planning Zip Code: VttZ".e'I>•~~ f\~4J S1t~ oP ~4,,TJ~Jb tte'rJ...J'IP o S;tN"P -~ 4JLl1'C-' ,$ ft,11-~ "3"'~~ rl!'¥nAws "~Ill o~ cZ rn~ .. Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: ~ 'i1tlA4 1 ~ feµc..e11J ID Ct:>~r,,,v '"e ~l)o4 ~" .s '1€~ 1 ,~<i It Wo~ Doc:; cBi!teJ?lJ, Aµ, I< ~0.., ,_, 71> "J3 k.<M... ... I ./l'J ~ Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: . I (LST s .,..ltd'"'( ls 4 p~, 1111W'I #.!>II< fUl/Elt;J#OI. /4•~ 0 eTHe!L ~ ~s,oeµf.l' , ei.;, "' T JI. IS fl) a Page 16 Use of surrounding property -north: Use of surrounding property -south: Use of surrounding property -east: Use of surrounding property -west: Explain how the conditional use is in harmony with the City's Comprehensive Plan: "-eol<.•P4 II'( 7J.li, 'if 60..-a..s of ~ C tTll!' ""'pe.;-11f!llJ$•vf! HJH.-'; :£ s~e f\)f) er,~~,_, a w ,.,.." R~~ t!Jr "!JIG" GD 14 i,s. DpeMr10~ t:J',:' 711/S ~ /,A)IU.. l(tp ~fj1-PU.Af 70 11t& C,111 /14' Are public services and facilities on the property adequate to serve the proposed conditional use? Ulu.;1t 1a's A~ D~c9w.A-r' • 'JI~µ! A~ NJe> Pc...'8 t..+-c.. Set-1).c.D ~ ~AC-'"''.,..,& om81'--t"h,q." 1'#8 S-rU't51"-THt.s "'""e '-' o ::i-"'-/ll'cd o Explain how the conditional use will not be harmful to public safety, health, or welfare: Are there any measures with access, :;creening, site development, building design, or business operation that will lessen potential impacts of the conditional use to neighbors? 'f'" Ht ff;:>~& A-.,_b l/"'-" A-U! PR..e:ss~ 'fL."I ues•G-1" cro To flJAU' ~'se /l r:J q ~01"£A1'ril\1.. :C11. f'lt~ 0 to -rJ.16 /lJttq /./~ J./-oo, AUTHORITY TO APPLY FOR CONDITIONAL USE: I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I petition for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. I understand that payment of the application fee is nonrefundable and is to cover the costs associated with processing this application, and that it does not assure approval of the conditional use. I also understand that assigned hearing dates are tentative and may have to be postponed by Planning Department staff of the Planning and Zoning Commission for administrative reasons. I understand that a site visit may be required to process this application. City of Kenai personnel are authorized to access the above-referenced property for the purpose of processing this application. Signature: Print Name: For City Use Only Date Application Fee Received: '61 ~i ~O PZ Resolution Number: f 1.... d--'S Date: RECEIVED C\7Y OF KENA\ DATE PLANNING DEPARTMENT Page 17 ~ I L -'--• -----,- I I L ~ -.~ ........ ~ .... ---...--... ,,------------{--··; [ ,~O I I I I I "-1.. -~~-J Page 18 Alaska Business License# 2112757 Alaska Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing PO Box 110806, Juneau, AK 99811-0806 This is to certify that Sugarplum Shelties 1115 1st Street , Kenai, AK 99611 owned by Donna Lee Myers is licensed by the department to conduct business for the period August 28, 2020 to December 31, 2020 for the following line(s) of business: 11 -Agriculture, Forestry, Fishing and Hunting This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Julie Anderson Commissioner Page 19 Page 20 File Attachments for Item: City Council Page 21 Kenai City Council - Regular Meeting Page 1 of 3 September 16, 2020 Kenai City Council - Regular Meeting September 16, 2020 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 3** 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. Tim Dillon, Kenai Peninsula Economic Development District - Census and AK Cares Update. 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. 3162-2020 - Amending Municipal Code Section 23.50.010 – Employee Classification, to Amend a Class Title in the Supervisory and Professional Class. (Administration) 2. ADOPTED UNANIMOUSLY. Resolution No. 2020-76 - Renaming Daubenspeck Circle to Daubenspeck Road on the Plat of Baron Park 2020 Replat. (Administration) 3. ADOPTED UNANIMOUSLY. Resolution No. 2020-77 - Approving the Execution of a Lease of Airport Reserve Lands Using the Standard Lease Form Between the City of Kenai and Kenai Aviation Operations, LLC, for Lot 9A, Block 5, General Aviation Apron Subdivision No. 5. (Administration) 4. ADOPTED UNANIMOUSLY. Resolution No. 2020-78 - Approving an Airline Operating Agreement and Terminal Area Lease with FLOAT Shuttle/Corvus Airlines Inc., D/B/A Ravn Alaska and Ratifying a Stipulation Regarding Rejection of Unexpired Lease of Non- Residential Real Property with Ravn Group, Inc. (Administration) Page 22 Kenai City Council - Regular Meeting Page 2 of 3 September 16, 2020 5. ADOPTED UNANIMOUSLY. Resolution No. 2020-79 – Authorizing the City Manager to Accept a Grant from the Federal Aviation Administration for the Construction of the Kenai Municipal Airport’s New Sand Storage Facility. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of September 2, 2020. (City Clerk) F. UNFINISHED BUSINESS 1. POSTPONED TO THE 10/07/2020 COUNCIL MEETING. Ordinance No. 3155-2020 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund and Accepting a Grant from The Federal Aviation Administration for Phase One Construction of a New Sand Storage Facility. (Administration) 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. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Non-Objection to the Renewal of Marijuana License for Grateful Bud LLC. (City Clerk) 4. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Approving Election Workers for the October 6, 2020 Regular Election. (City Clerk) 5. Discussion - 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 Page 23 Kenai City Council - Regular Meeting Page 3 of 3 September 16, 2020 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. 3157-2020 - Amending Kenai Municipal Code Section 1.85.010 – Report of Financial and Business Interests, to Allow for Certification by Municipal Officers that a Previously Filed Statement of Disclosure Remains Accurate and Approving an Alternate Certification. (Vice Mayor Molloy) (Clerk's Note: At the 09/02/20 meeting, this item was postponed to the 10/7/20 meeting.) 2. Substitute 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 August 19 Meeting, this item was Postponed to the 10/21/20 Council Meeting; a motion to enact is on the floor.] 3. 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 August 19 Meeting, this item was Postponed to the 10/21/20 Council Meeting; a motion to enact is on the floor.] N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000. 2. Cook Inlet Regional Citizens' Advisory Council Board of Directors Update. 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/88612469335 Meeting ID: 886 1246 9335 Passcode: 874477 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 886 1246 9335 Passcode: 874477 Page 24 File Attachments for Item: 2. Kenai Peninsula Borough Planning Page 25 144 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 Marcus Mueller, Acting Planning Director • Charlie Pierce, Borough Mayor Blair Martin, Chair – Kalifornsky Beach ~ Robert Ruffner, Vice Chair – Kasilof/Clam Gulch Syverine Abrahamson-Bentz. Parliamentarian – Anchor Point/Ninilchik ~ Jeremy Brantley – Sterling Paulette Bokenko-Carluccio – City of Seldovia ~ Cindy Ecklund – City of Seward ~ Pamela Gillham – Ridgeway Diane Fikes – City of Kenai ~ Virginia Morgan – East Peninsula ~ Franco Venuti – City of Homer Planning Commission Action Agenda September 14, 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) Staff may respond to any testimony given and the Commission 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 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 that 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 Chair of your wish to comment. *1. Time Extension Request – None *2. Planning Commission Resolutions - None *3. Plats Granted Administrative Approval – *4. Plats Granted Final Approval (20.10.040) - None Page 26 Planning Commission Tentative Agenda September 14, 2020 Page 2 *5. Plat Amendment Request *6. Commissioner Excused Absences a. Pamela Gillham, Ridgeway *7. Minutes August 24, 2020 Planning Commission Meeting Motion to approve the consent & regular agendas passed by unanimous consent D. OLD BUSINESS - None E. NEW BUSINESS 1. Vacate the 66 foot wide public right of way easement within Lot 2B and Lot 3B Questa Woods Estates #6, plat SW 2003-14. The public right of way easement was labeled and granted as a 66 foot wide section line easement per Questa Woods Estates Number 6, Plat SW 2003-14. The right-of-way being vacated is unconstructed and located within the SE1/4 Section 14, Township 1 North, Range 1 West, Seward Meridian, Alaska, Kenai Peninsula Borough. KPB File 2020-094V. Petitioner(s): David J. Smith, Melanie K. Smith, Melissa Hughes and Jess Sweatt of Seward, AK. Motion to approve the vacations as petitioned based on the means of evaluating public necessity established by KPB 20.70 subject to staff recommendations & compliance with borough code passed by unanimous vote. (7-Yes) 2. Vacate a 100’ wide Section Line Easement within Tract B, Quartz Creek Subdivision (Plat SW 94-11). The Section Line Easement, running east to west, is unconstructed and located within the SW1/4 Section 25 and the NW1/4 Section 36, Township 5 North, Range 3 West, Seward Meridian, Alaska, Kenai Peninsula Borough. KPB File 2020-098V. Petitioner(s): Three Bears Alaska, Inc. of Wasilla, AK\ Motion to approve the vacations as petitioned based on the means of evaluating public necessity established by KPB 20.70 subject to staff recommendations & compliance with borough code passed by majority vote. (7-Yes, 1-No) 3. Resolution 2020-27: Conditional Use Permit to construct a post or pile supported 8-foot high cedar fence running 119 feet of the entire upstream side lot line of a parcel within the 50-foot Habitat Protection Area of the Kenai River, near Soldotna, AK; Petitioner: Marilyn DeFord; Physical Address: 35795 Sabaca Road; KPB Parcel Number: 057-483-18 Motion to adopt PC Resolution 2020-27, granting approval of a condition use permit, subject to permit conditions & compliance with borough code passed by unanimous vote. (7-Yes) 4. Resolution 2020-25: Conditional Use Permit to rehabilitate a portion of the Seward Highway Corridor between MP 17 and 22.5, north of Seward near Primrose and Crown Point. A portion of this projects falls within the Borough’s 50-foot Anadromous Waters Protection District of Kenai Lake, near Seward, AK; Petitioner: AK DOT & PF; KPB Parcel Number: Multiple Motion to adopt PC Resolution 2020-25, granting approval of a condition use permit, subject to permit conditions & compliance with borough code passed by unanimous vote. (7-Yes) 5. Resolution 2020-24: Conditional Use Permit to reshape and repair approximately 100 lineal feet of slope failure within the Borough’s 50-foot Anadromous Waters Protection District of Crooked Creek, near Kasilof, AK; Petitioner: AK DNR; Legal Description: T03N R12W SEC 25&36 S.M. KN all of Sec 36 Excluding Rhodes Estates Amended & Excluding Coho Road & Including SW1/4 SE1/3 of Sec 25; KPB Parcel Number: 133-110-88 Motion to adopt PC Resolution 2020-24, granting approval of a condition use permit, subject to permit conditions & compliance with borough code passed by unanimous vote. (7-Yes) Page 27 Planning Commission Tentative Agenda September 14, 2020 Page 3 6. Resolution 2020-26: Conditional Use Permit to install a 250 lineal log barrier fence and gravel trail within the State of Alaska Crooked Creek Recreational Site, within the Borough’s 50-foot Anadromous Waters Protection District of the Kasilof River, near Kasilof, AK. Petitioner: AK DNR; Legal Description: T03N R12W SEC 25 S.M. KN 0880051 Crooked Creek State Recreational Site Plat Lot 18-A; KPB Parcel: 133-111-53. Motion to adopt PC Resolution 2020-26, granting approval of a condition use permit, subject to permit conditions & compliance with borough code passed by unanimous vote. (7-Yes) F. PENDING ITEMS - None G. OTHER Preview of draft Ordinance 2020-__ Amending KPB Code of Ordinances including Chapter 2.40- Planning Commission, Title 20 Subdivisions, Chapter 21.20-Hearing & Appeals, to correct grammatical errors, clarify & improve certain administrative procedures. H. PLAT COMMITTEE REPORT 1. The Plat Committee will review 15 preliminary plats I. 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.) J. ASSEMBLY COMMENTS K. LEGAL REPRESENTATIVE COMMENTS L. DIRECTOR'S COMMENTS M. COMMISSIONER COMMENTS N. ADJOURNMENT O. MISCELLANEOUS INFORMATIONAL ITEMS MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, September 28, 2020 in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley St, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS ADVISORY COMMISSION MEETING LOCATION DATE TIME Anchor Point Anchor Point Chamber of Commerce Cooper Landing Cooper Landing Community Hall Funny River Funny River Community Center Kalifornsky Cook Inlet Aquaculture Association Kachemak Bay Page 28 Planning Commission Tentative Agenda September 14, 2020 Page 4 NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website. Links to the websites can be found on the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 Phone: toll free within the Borough 1-800-478-4441, extension 2215 Fax: 907-714-2378 e-mail address: planning@kpb.us website: http://www.kpb.us/planning-dept/planning-home 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 Hope / Sunrise Hope Social Hall Page 29 144 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 Jeremy Brantley – Sterling Area Plat Committee Action Agenda September 14, 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 August 24, 2020 Plat Committee Meeting Motion to approve the agenda and minutes passed by unanimous consent. 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. OLD BUSINESS – None Page 30 Plat Committee Tentative Agenda September 14, 2020 Page 2 F. NEW BUSINESS 1. Loris Landing Subdivision 2020 Replat KPB File 2020-095; [Johnson Surveys / Gregson] Off Maud Drive & Heather Avenue Kalifornsky APC Motion to grant preliminary approval based on staff recommendations & compliance with borough code passed by unanimous consent. 2. Newton Subdivision 2020 Replat KPB File: 2020-101; [Geovera, LLC/James & Kate Thacker Revocable Living Trust] Off Skyline Drive City Homer Motion to grant preliminary approval based on staff recommendations & compliance with borough code passed by unanimous consent. Motion to grant exception request to KPB 20.30.240 Building Setbacks – Removal of the 20-foot building setback plat note from parent plat passed by unanimous consent. 3. The Meadows KPB File: 2020-031R1; [Geovera, LLC/STS Development, LLC] Off Fanning Road & East End Road Kachemak City Motion to grant preliminary approval based on staff recommendations & compliance with borough code passed by unanimous consent. 4. Echo Hills Subdivision 2020 Replat KPB File: 2020-099; [McLane Consulting Group/Kuemerle] Off Oxford Avenue & Echo Lake Road Kalifornsky APC Motion to postpone until the Oct. 12, 2020 Plat Committee meeting passed by unanimous consent. 5. Sockeye Estates KPB File: 2020-100; [McLane Consulting Group/T & R Properties, LLC] Off Gerrard Avenue Sterling Area Motion to grant preliminary approval based on staff recommendations & compliance with borough code passed by unanimous consent. Motion to grant exception request to KPB 20.30.030(A)-Proposed Street Layout & KPB 20.30.170-Block Length passed by unanimous consent. Motion to grant exception request to KPB 20.30.230-Double Frontage, for Lots 7, 9, 10 & 23 passed by unanimous consent. Page 31 Plat Committee Tentative Agenda September 14, 2020 Page 3 6. Diamond Storage Subdivision KPB File 2020-105; [Orion Surveys/Negro Nest Holding Company, LLC] Diamond Ridge Road & Ruth Way; Diamond Ridge Area Kachemak Bay APC Motion to grant preliminary approval based on staff recommendations & compliance with borough code passed by unanimous consent. Motion to grant exception request to KPB 20.30.190-Lot dimensions for Lot 2 passed by unanimous consent. Motion to grant exception request to KPB 20.30.030(D)-Easement requirements – for not granting a utility easement along Ruth Way passed by unanimous consent. 7. Razdolna Subdivision 2020 Addition KPB File: 2020-104; [Orion Surveys/Martushev] Off Basargin Road: Fox River Area Kachemak Bay APC Motion to grant preliminary approval based on staff recommendations & compliance with borough code passed by unanimous consent. 8. Buckingham Cove Chartier 2020 Replat KPB File: 2020-088; [Seabright Surveying/Chartier, Rein, Gordon] Off Seldovia Bay REM & Buckingham Avenue Remote Area Motion to grant preliminary approval based on staff recommendations & compliance with borough code passed by unanimous consent. Motion to grant exception request to KPB 20.30.030-Proposed Street Layout Requirements passed by unanimous consent. Motion to grant exception request to KPB 20.30.210-Lots-Access to Street passed by unanimous consent. 9. Fish Creek Chartier 2020 Replat KPB File: 2020-106; [Seabright Surveying/Chartier] Off Buckingham Avenue Remote Area Motion to grant preliminary approval based on staff recommendations & compliance with borough code passed by unanimous consent. Motion to grant exception request to KPB 20.30.030(A)-Appropriate projection of all street / ingress for surrounding acreage parcels & KPB 20.30.170-Block Length Requirements passed by unanimous consent. 10. Beaver Loop Acres Addition No. 2 KPB File: 2020-049R1; [Segesser Surveys/Estate of Patrick Joseph, Doyle, Beaver Loop Sand & Gravel LLC] Off Beaver Loop Road City of Kenai Motion to postpone until the Oct. 12, 2020 Plat Committee meeting passed by unanimous consent. Page 32 Plat Committee Tentative Agenda September 14, 2020 Page 4 11. Cook Estates Blizzard Addition KPB File: 2020-102; [Segesser Surveys/Blizzard] Corner Three John Street & Honda Court Sterling Area Motion to grant preliminary approval based on staff recommendations & compliance with borough code passed by unanimous consent. 12. Halcyon Subdivision McDevitt Addition KPB File: 2020-096; [Segesser Surveys/Girves, McDevitt] Off W. Riverview Avenue City of Soldotna Motion to grant preliminary approval based on staff recommendations & compliance with borough code passed by unanimous consent. 13. Harold Subdivision Dale Addition KPB File: 2020-097; [Segesser Surveys/Dale] Off Holt Lamplight & Maud Circle Nikiski Area Motion to grant preliminary approval based on staff recommendations & compliance with borough code passed by unanimous consent. 14. Konovalof Lake Subdivision 2020 Addition KPB File: 2020-092; [Segesser Surveys/Bauder, Frederic] Corner of Herring Road & Grayling Street Remote Area Motion to grant preliminary approval based on staff recommendations & compliance with borough code passed by unanimous consent. Motion to grant exception request to KPB 20.30.170-Block Length Requirements passed by unanimous consent. 15. Soldotna Creek Hills Subdivision Martin Addition KPB File 2020-103; [Segesser Surveys/Martin] Off Mackey Lake Road City of Soldotna Motion to grant preliminary approval based on staff recommendations & compliance with borough code passed by unanimous consent. G. PENDING ITEMS H. OTHER I. ADJOURNMENT J. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday September 28, 2020 in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building,144 North Binkley, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2215 Fax: 907-714-2378 Page 33 Plat Committee Tentative Agenda September 14, 2020 Page 5 Phone: toll free within the Borough 1-800-478-4441, extension 2215 email address: planning@kpb.us website: http://www.kpb.us/planning-dept/planning-home Written comments will be accepted until 1:00 p.m. on the last business day (usually a Friday) before the day of the Plat Committee meeting in which the item is being heard. If voluminous information and materials are submitted staff may request seven copies be submitted. Maps, graphics, photographs, and typewritten information that is submitted at the meeting must be limited to 10 pages. Seven copies should be given to the recording secretary to provide the information to each Committee member. If using large format visual aids (i.e. poster, large-scale maps, etc.) please provide a small copy (8 ½ x 11) or digital file for the recording secretary. Audio, videos, and movies are not allowed as testimony. If testimony is given by reading a prepared statement, please provide a copy of that statement to the recording secretary. 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 34 SEPTEMBER 23, 2020 PLANNING AND ZONING COMMISSION MEETING ADDITIONAL MATERIAL/REVISION REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Add to Item F.1. Resolution No. PZ2020-30 •Memorandum to Commission •Revised Staff Report and Resolution to Add an Additional Condition of Approval •Pictures of Shetland Sheep Dog (Sheltie) •Informational Sheet for Shetland Sheep Dog Administration City of Kenai I 210 ~idalgo Ave, Kenai, AK 99611-77941907.283.7535 I www.kenai.city MEMORAN DU M TO: FROM: DATE: SUBJECT: Kenai Planning and Zoning Commission Wilma Anderson, Planning Assistant September 23, 2020 PZ2020-30 -Section 2 Additional Recommended Conditions City Administration spoke to the applicant, Donna L. Myers, and she indicated that it was her intent to only have one litter of puppies a year. Jessica Hendrickson, Animal Control Officer for the City of Kenai felt the condition that the applicant only have one litter of puppies per year was reasonable. Accordingly, the Staff Report and Resolution PZ2020-30 have been revised to add the following condition: 4. The applicant will not have more than one litter of puppies per year. Thank you for your consideration. CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-30 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR THE BREEDING AND SALE OF DOGS APPLICANT: Robert H. and Donna L. Myers PROPERTY ADDRESS: 1115 First Street LEGAL DESCRIPTION: Lot 1, Block 7, North 90 feet thereof, Mommsens Subdivision Replat Addition No. 1 and 2 KENAI PENINSULA BOROUGH PARCEL NUMBER: 03910116 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City; and, WHEREAS, the applicant has demonstrated with plans and other documents that the prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code 14.20.150; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on September 23, 2020, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; The intent of the RS Zone is to provide for medium density residential development in areas which will be provided with common utility systems. Kennels are a conditional use within this zone. The parcel is about a third larger in size than many of the other surrounding parcels. The layout of the property is such that a kennel would not violate the neighborhood character of surrounding parcels as there is sufficient space to accommodate the kennel and there will only be two females available for breeding. 2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; The surrounding neighborhood is comprised of single family dwellings and four-plexes. The applicant states that the breeding operation will be small in scale with two females Resolution No. PZ2020-30 Page 2 of 3 available for breeding at a time. Typically, there are between 4 and 6 puppies in a litter. The property on three sides of the property are vacant lots and wooded so barking would be absorbed. The parcel to the south is owned by the City of Kenai and is recommended to be retained for a potential road right-of-way at some point in the future. The parcel to the north is also owned by the City of Kenai. This parcel could potentially be developed for a single-family home eventually by a private party, but the kennel is not expected to impact the development potential. The parcels to the west are owned by a private property owner who has a house on one parcel and a vacant lot on the parcel closest to the proposed kennel.' First Street fronts the parcel at the east. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. The dog breeding business will allow for a new small business without impairing the quality of life within the neighborhood. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; The properties located along First Street have access to City water, City sewer, natural gas, electricity, and telephone services. First Street is a paved road which is maintained by the City of Kenai. The operation of a commercial kennel would not have an impact on these services. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; The applicant indicates that the Shelties are totally socialized and contained within a fenced yard. The breeding business is not expected to increase traffic as customers would only occasionally come by to pick up a dog or the owner would deliver the dog. 6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. See Conditions of Approval as set forth below. The applicant must obtain a commercial kennel license. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional use permit is granted to Robert H. and Donna L. Myers for the breeding and sale of dogs at 1115 First Street. Section 2. That the conditional use permit is subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. Resolution No . PZ2020-30 Page 3 of 3 2. Prior to operation, the applicant must obtain a commercial kennel license from Animal Control, pursuant to Kenai Municipal Code 3.05.10(7)(A). 3. The applicant will not have more than two breeding female dogs on the premises. 4. The applicant will not have more than one litter of puppies per year. 5. A biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 6. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 3P1 day of December of each year. 7. The applicant will meet with City staff for on-site inspections when requested. 8. If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14.20.150{i)(5). 9. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 23rd day of September, 2020. JEFF TWAIT, CHAIRPERSON ATTEST: JAMIE HEINZ, CMC, CITY CLERK City of Kenai I 210 !=idalgo Ave, Kenai, AK 99611-77941907.283.7535 I www.kenai.city STA FF REPORT TO: Planning and Zoning Commission FROM: Elizabeth Appleby, City Planner DATE: September 3, 2020 SUBJECT: PZ2020-30 -Conditional Use Permit-Breeding and Sale of Dogs Applicant: Robert H. and Donna L. Myers 1115 First Street Kenai, Alaska 99611 Legal Description: Lot 1, Block 7, North 90 feet thereof, Mommsens Subdivision Replat Addn. No. 1 and 2 Property Address: 1115 First Street KPB Parcel No: 03910116 Lot Size: 0.31 acres (13,504 square feet) Existing Zoning: Suburban Residential Current Land Use: Single Family Dwelling Land Use Plan: Suburban Residential GENERAL INFORMATION The applicant purchased this residence in February of 2019, and would like to establish a small commercial kennel for the breeding of Shetland Sheep dogs. The residence is located in the Suburban Residential zone . Kenai Municipal Code 14.22.010-Land Use Table provides that an animal boarding/commercial kennel is a conditional use; therefore, the property owner has submitted an application for a Conditional Use Permit. The applicant has also submitted an application for a commercial kennel permit to Animal Control. JJ Hendrickson, Animal Control Officer, is in the process of reviewing the application. An inspection of the premises will be performed by the Animal Control Officer to determine if it is feasible to have a small breeding operation located in the residence. The applicants have stated that the business is to be small in scale and run by their teenage daughter with some parental assistance. A pp lication . Public Notice , Public Comment Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use were mailed to property owners within a three hundred-foot (300') periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. The applicant submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use request. ANALYSIS Kenai Munici pal Code 14.20.1 SO (d ) -Review Criteria for Conditional Use Permits Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that may be compatible with the designated principal uses in specific zoning districts provided certain conditions are met. KMC 14.20.1 SO(d)-Conditional Use Permits Review Criteria states six conditions that the Planning and Zoning Commission must deem to exist when establishing findings prior to issuing a conditional use permit: • The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The intent of the RS Zone is to provide for medium density residential development in areas which will be provided with common utility systems. Kennels are a conditional use within this zone. The parcel is about a third larger in size than many of the other surrounding parcels. The layout of the property is such that a kennel would not violate the neighborhood character of surrounding parcels as there is sufficient space to accommodate the kennel and there will only be two females available for breeding. • The value of the adjoining property and neighborhood will not be significantly impaired. The surrounding neighborhood is comprised of single family dwellings and four-plexes. The applicarit states that the breeding operation will be small in scale with two females available for breeding at a time. Typically, there are between 4 and 6 puppies in a litter. The property on three sides of the property are vacant lots and wooded so barking would be absorbed. The parcel to the south is owned by the City of Kenai and is recommended to be retained for a potential road right-of-way at some point in the future. The parcel to the north is also owned by the City of Kenai. This parcel could potentially be developed for a single-family home eventually by a private party, but the kennel is not expected to impact the development potential. The parcels to the west are owned by a private property owner who has a house on one parcel and a vacant lot on the parcel closest to the proposed kennel. First Street fronts the parcel at the east. • The proposed use is in harmony with the Comprehensive Plan. The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. The dog breeding business will allow for a new small business without impairing the quality of life within the neighborhood. Page 2 of 4 The City of Kenai I www.kenai.city • Public services and facilities are adequate to serve the proposed use. The properties located along First Street have access to City water, City sewer, natural gas, electricity, and telephone services. First Street is a paved road which is maintained by the City of Kenai. The operation of a commercial kennel would not have an impact on these services . • The proposed use will not be harmful to the public safety, health or welfare. The applicant indicates that the Shelties are totally socialized and contained within a fenced yard. The breeding business is not expected to increase traffic as customers would only occasionally come by to pick up a dog or the owner would deliver the dog. • Specific conditions deemed necessary. See Conditions of Approval as set forth below. The applicant must obtain a commercial kennel license. RECOMMENDATIONS City staff find that the applicant meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (d)(1) through (d)(4) of Kenai Municipal Code 14.20.185, and hereby recommends that the Planning and Zoning Commission approve the Conditional Use Permit application, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to operation , the applicant must obtain a commercial kennel license from Animal Control, pursuant to Kenai Municipal Code 3.05.10(7)(A). 3. The applicant will not have more than one litter of puppies per year. 4. The applicant will not have more than two breeding female dogs on the premises. 5. A biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 6. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31 51 day of December of each year. 7. The applicant will meet with City staff for on-site inspections when requested. 8. If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14.20.150(i)(5). 9. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year . Page 3 of 4 The City of Kenai I www.kenai.city ATTACHMENTS A. Resolution No. PZ2020-30 B. Application C. Site Plan D. Aerial Map Page 4 of 4 The City of Kenai I www.kenai.city 9/21/2020 Shetland Sheepdog Breed -Facts and Traits I Hill's Pet Prescription Diet Science Diet Healthy Advantage Bioactive Recipe 9 Where to buy CONTACT US Q. Sh~t~and Sheepdog Dog Q)reed ~nformation and Personal~ty Traits l=_hetland Sheepdog Breed -Facts and Traits I Hill's Pet _j ( Pet Care Center https://www.hillspet.com/dog-care/dog-breeds/shetland-sheepdog Sign Up & Save 1/6 9/21/2020 Shetland Sheepdog Breed -Facts and Traits I Hill's Pet Prescription Diet Science Diet Healthy Advantage Bioactive Recipe '-6 9 Where to buy Sign Up & Save CONTACT US Q Often mistakenly called miniature collies, the Shetland sheepdog is a distinct breed. Size: Weight Range: Male: 14-20 lbs. Female: 14-20 lbs. Height at Withers: Male: 16 in. Female: 14 in. Features: Dolichocephalic (long face) Expectations: Exercise Requirements: 20-40 minutes/day Energy Level: Very energetic Longevity Range: 12-14 yrs. Tendency to Drool: Low Tendency to Snore: Low Tendency to Bark: High Tendency to Dig: Low Social/Attention Needs: Moderate https://www.hillspet.com/dog-care/dog-breeds/shetland-sheepdog 216 9/21/2020 Shetland Sheepdog Breed -Facts and Traits I Hill's Pet Prescription Diet Science Diet Healthy Advantage Bioactive Recipe 9 Where to buy Sign Up & Save CONTACT US Q. Characteristics: Double coat, straight Colors: Black with white and or tan, blue merle with white and or tan, sable with white and or tan Overall Grooming Needs: High Club Recognition: AKC Classification: Herding UKC Classification: Herding Dog Prevalence: Common Shetland sheepdogs look like a smaller version of the rough collie. They are strong and compact yet agile. The head is wedge-shaped, although not as refined as the modern show collie. The small,"high-set ears are erect with the tips falling forward slightly. The thick, double coat of the Sheltie provides excellent protection from bad weather. The outer coat is long and straight. The dog has a generous mane and frill and feathering on the legs and tail. The undercoat is dense and woolly. Shelties are either black, blue merle or sable, and are marked with white, tan or both. Shelties range in height from about 12 to 15 inches and weigh from 14 to 20 pounds (six to nine kilograms). They live about 12 to 15 years. Personality: Shetland sheepdogs are known for their gentle, sweet, pleasing personality. They are also playful and affectionate, all traits that have made them a popular family pet. Breed experts often comment that Shelties like to please; coupled with their intelligence, it is no wonder they excel at obedience training. Shelties are leery of strangers. As a result, they are good watchdogs, likely to greet outsiders with lots of barking. They also bark when excited. While not usually aggressive, some Shelties may nip at people they do not know, whether the strangers are adults or children. Others may be somewhat timid with strangers. Living With: Because they are active, working dogs by nature, Shelties like to be kept busy and want the company of thE. guardians. They are not dogs content to lie around alone all day. Many Shelties bark excessively. https://www.hillspet.com/dog-care/dog-breeds/shetland-sheepdog 3/6 9/21/2020 Shetland Sheepdog Breed -Facts and Traits I Hill's Pet Prescription Diet Science Diet Healthy Advantage Bioactive Recipe 9 Where to buy Sign Up & Save CONTACT US Q. often mistakenly called Miniature collies; however, although they may share the same ancestors, the Shetland sheepdog is a distinct breed developed under unique circumstances. Shelties hail from the Shetland Islands of Scotland, also known for Shetland ponies and other small breeds of animals. The area's harsh conditions, with sparse vegetation, favored smaller breeds of livestock and thus, smaller dogs to herd them. Shelties are probably the result of crossing the larger rough collie of the time with other island dogs including small herding breeds and spaniels. Some historians believe that the Sheltie was developed by 1700. The breed was refined after it was imported to mainland Scotland in the 20th century. Shelties were first recognized in England in 1909 and first registered in the United States in 1911. The Shetland sheepdog was bred to herd sheep and was considered a kind, smart, hardworking animal. The Shelties we know today are somewhat larger than their original ancestors, but they retain a reputation for intelligence, willingness to work, and good humor. The same qualities that made them exemplary helpers and herders combine to make them popular family pets. Related Pet Care Articles https ://www.hillspet.com/dog-care/dog-breeds/shetland-sheepdog 4/6