Loading...
HomeMy WebLinkAbout2020-12-09 Planning & Zoning Packet Kenai Planning and Zoning Commission Meeting Page 1 of 2 December 09, 2020 Kenai Planning and Zoning Commission Meeting December 09, 2020 ꟷ 7:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic Participation Info Page 2** Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 5. *Excused Absences *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *October 28, 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 PZ2020-36 - Preliminary Subdivision Plat of Integrity Plaza II, submitted by Cliff Baker, Surveyor, 201 Barrow Street, Unit 202, Anchorage, AK 99501, on behalf of Cliff Baker, 201 Barrow Street, Unit 202, Anchorage, AK 99501 F. PUBLIC HEARINGS 1. Resolution PZ2020-35 - Application for a Conditional Use Permit for seven zero lot line/townhouse dwellings, on Tract A, Kenai Landing Cottages, and located at 2101 Bowpicker Lane. The application was submitted by Kenai Landing, Inc., 2101 Bowpicker Lane, Kenai, AK 99611. G. UNFINISHED BUSINESS Page 1 Kenai Planning and Zoning Commission Meeting Page 2 of 2 December 09, 2020 H. NEW BUSINESS 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. December 23, 2020 2. January 13, 2021 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. Join Zoom Meeting https://us02web.zoom.us/j/81119277281?pwd=Y05kbjN4Nld4dnVSYTJJK2JkWGNxdz09 Meeting ID: 811 1927 7281 Passcode: 609892 Dial by your location +1 669 900 6833 +1 253 215 8782 Meeting ID: 811 1927 7281 Passcode: 609892 Page 2 File Attachments for Item: 1. *October 28, 2020 Page 3 Page 4 Page 5 Page 6 Page 7 File Attachments for Item: 1. Resolution PZ2020-36 - Preliminary Subdivision Plat of Integrity Plaza II, submitted by Cliff Baker, Surveyor, 201 Barrow Street, Unit 202, Anchorage, AK 99501, on behalf of Cliff Baker, 201 Barrow Street, Unit 202, Anchorage, AK 99501 Page 8 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-36 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT INTEGRTIY PLAZA II ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Cliff Baker, Surveyor, and, WHEREAS, the plat meets Municipal Code requirements of the General Commercial and Suburban Residential Zone; and, WHEREAS, the reversion to acreage and combining of Tract A and Lot 1, Integrity Plaza will remove the non-conformity that currently exists on the structure located on Lot 1, Integrity Plaza; and WHEREAS, street names are referenced correctly; and, WHEREAS, The Kenai Spur Highway is paved and maintained by the State of Alaska, Department of Transportation; and WHEREAS, Swires Road is paved and maintained by the City of Kenai; and WHEREAS, City water and sewer lines are available to the property and an installation agreement will not be required; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to Kenai Municipal Code 14.10.070 Subdivision design standards, the plat conforms to the minimum street widths, 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 sewer. 2. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the proposed tract 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 9 Resolution No. PZ2020-36 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 Integrity Plaza II be approved subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 9th day of December, 2020. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, CITY CLERK Page 10 STAFF REPORT TO: Planning and Zoning Commission FROM: Willie Anderson, Planning Assistant DATE: November 30, 2020 SUBJECT: PZ2020-36 – Preliminary Plat – Integrity Plaza II Applicant: Cliff Baker 201 Barrow Street, Unit 202 Anchorage, AK 99501 Submitted By: Cliff Baker 201 Barrow Street, Unit 202 Anchorage, AK 99501 Requested Action: Preliminary Subdivision Plat – Integrity Plaza II Legal Description: Tract A and Lot 1, Integrity Plaza Property Address: 8195 Kenai Spur Highway and 603 Swires Road KPB Parcel No: 04520024 and 04520023 Lot Size: 2.05 Acres (approximately 89,298 square feet) and .16 Acres (approximately 6,970 square feet) General Commercial (approximately 1.32 acres) and Suburban Residential (approximately .74 acres) Current Land Use: Professional Office Building and Accessory Structure (Tract A) , Single Family Dwelling (Lot 1) Land Use Plan: General Commercial and Suburban Residential Page 11 Page 2 of 3 GENERAL INFORMATION Cliff Baker, Surveyor, submitted a preliminary plat application for the proposed preliminary plat of Integrity Plaza II. Mr. Baker is also the property owner. The plat affects the parcels described as Tract A, and Lot 1, Integrity Plaza. The property owner has submitted a plat to revert to acreage and combine Tract A, and Lot 1, Integrity Plaza. This plat will vacate the property lines between Tract A and Lot 1 and create a larger tract described as Tract A1, Integrity Plaza II. Tract A1, Integrity Plaza II will be approximately 2.19 acres (approximately 95,396 square feet). 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 December 3, 2020. ANALYSIS The proposed Tract A1, Integrity Plaza II is bordered on the North by the Kenai Spur Highway which is paved and maintained by the State of Alaska. The East boundary of Tract A1, Integrity Plaza 11 is adjacent to Swires Road which is paved and maintained by the City of Kenai. The professional office building located on Tract A, Integrity Plaza is accessed via the Kenai Spur Highway and access to the single-family dwelling located on Lot 1, Integrity Plaza is via Swires Road. 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. There is a structure located on the Northeast corner of the proposed Tract A1 which at one time was a single-family dwelling; however, it has not been used as a single-family dwelling for a number of years. The property owner states that he uses it as a storage building. The Kenai Peninsula Borough classifies this structure as a shed (accessory structure). The structure located on Lot 1, Integrity Plaza is classified by the Kenai Peninsula as a single- family dwelling. The property owner states that dwelling is unoccupied and he does not have any plans to occupy the dwelling. The structure located on the lot is a non-conforming structure pursuant to Kenai Municipal Code 14.20.050(a)(2) because it does not meet the minimum lot size requirement for development. The removal of the lot line and incorporation into Tract A1, Integrity Plaza II will eliminate this non-conformity. The property owner has stated that it is his intent to Page 12 Page 3 of 3 demolish the single family dwelling and shed within the next couple of years when he further develops, Tract A1, Integrity Plaza II. Water and sewer services are available. The professional office building located on Tract A, Integrity Plaza is currently connected to City water and sewer services. Water service to Lot 1, Integrity Plaza has been discontinued since the property is unoccupied. An installation agreement is not required. A large portion of Tract A, Integrity Plaza is zoned as General Commercial and the southern portion (South of Lot 1, Integrity Plaza) is zoned as Suburban Residential. The property owner has indicated that it is his intent to request that Tract A1, Integrity Plaza II be rezoned to General Commercial prior to further development of Tract A1, Integrity Plaza II. The preliminary plat meets requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations. City staff recommends a condition of approval for the property to conform to all federal, State of Alaska, and local regulations. RECOMMENDATIONS City staff recommends approval of the preliminary plat of Integrity Plaza II, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. ATTACHMENTS 1. Resolution No. PZ2020-36 2. Application 3. Preliminary Plat 4. Aerial Map Page 13 Page 14 Page 15 Page 16 File Attachments for Item: 1. Resolution PZ2020-35 - Application for a Conditional Use Permit for seven zero lot line/townhouse dwellings, on Tract A, Kenai Landing Cottages, and located at 2101 Bowpicker Lane. The application was submitted by Kenai Landing, Inc., 2101 Bowpicker Lane, Kenai, AK 99611. Page 17 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2020-35 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR TWO, TWO UNIT TOWNHOUSES AND ONE THREE UNIT TOWNHOUSE. APPLICANT: Kenai Landing, Inc. REPRESENTATIVE: Jonathan Faulkner and Steve Agni PROPERTY ADDRESS: 2101 Bowpicker Lane LEGAL DESCRIPTION: Tract A, Kenai Landing Cottages 049-101-23; 049-101-23C012 KENAI PENINSULA BOROUGH PARCEL NUMBER: 049-101-23; 049-101-23C012 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on October 28, 2020 along with additional supplemental information submitted at later dates; 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 December 9, 2020, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications; and, 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; Criteria Met: The proposed townhouses meet the intent of KMC14.20.150 and the intent of the IH Zone with respect to the proposed use, given compliance with the staff recommended specific conditions set forth in KMC 14.20.160. The use is compatible with the designated principal uses in the IH zone given that this is a commercial condominium association on a 50 acre tract and neighboring unit developments are compatible. The IH Zone is intended to provide for a broad range of industrial and commercially uses. Conditional uses may be allowed as provided in the land use table, which townhouses are one of the allowed conditional uses. The proposed conditional use is compatible with adjacent uses on the 50 acre tract, specifically including the Cannery Lodge. Additionally, the large tract is controlled by the condominium association which can control adjacent uses which may otherwise be problematic in the IH zone. Page 18 Resolution No. PZ2020-35 Page 2 of 6 2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met. The surrounding uses on Tract A include the Cannery Lodge, and harbor and cannery facilities. The adjoining property and neighborhood value will not be negatively impaired by the development of 7 townhouses in the area. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Criteria Met. The construction of townhouses in this area meets goals 1, 2 and 3 of the comprehensive plan by promoting and encouraging quality of life in Kenai, providing economic development elements to support fiscal health, and using land use strategies to implement a forward looking approach to community growth. The proposed townhouses will provide an opportunity for new residents and visitors to stay in Kenai, supporting economic development. As industrial uses of this area have diminished with the removal of aging cannery infrastructure, taking advantage of the waterfront location for townhouse development, like the development of the Cannery Lodge, supports community growth and development. The Comprehensive Plan provides that existing industrial uses in Kenai total 850 acres, with another 320 acres of vacant industrial land. The current economic outlook does not indicate a demand for large industrial sites in the near future according to the Plan. The Plan notes that the decline in commercial fishing has affected operations of some fish processing plants. It appears there is sufficient industrial land in the City to accommodate a transition to residential uses in this area. Further, redevelopment of this area, consistent with the Cannery Lodge use, will not unduly restrict opportunities for future industrial land uses. Like the Cannery Lodge, it appears this development is compatible with the historic marine industrial use of the area 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met. Public and private services are adequate to serve this proposed 7 unit townhouse development. The location of these townhouses is the same as the location of the former Sockeye Restaurant and Event Facility that was permitted by DEC to serve hundreds of customers a day. The applicant provides that infrastructure including water, waste, gas, electric, phone, and ingress and egress are all available. Kenai Landing’s waste water plant is permitted to receive 12,000 gallons of water per day according to the applicant. Tract A is within a commercial condominium association that provides road maintenance, management and landscaping services to unit owners. The City provides emergency medical, fire and police response to the area. Both the Police Chief and Fire Chief believe adequate services can be provided to the area to accommodate the 7 unit townhouse development. Public road maintenance is provided to the property line 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Criteria Met. The development of 7 townhouse units in this area does not appear to jeopardize the health, safety or welfare of our community. The development should attract residents and visitors to the area in small numbers. With adequate police, fire and emergency medical response available, along with water and waste water, health, safety and welfare should not be impacted. Page 19 Resolution No. PZ2020-35 Page 3 of 6 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 in Section 2 below. WHEREAS, the Planning and Zoning Commission additionally finds the requirements of 14.20.160 Townhouses are met: 1. The development conforms with the adopted comprehensive plan. See finding 3 above. 2. Public Services and facilities are adequate to serve townhouse development. See finding 4 above. 3. Health, Safety and Welfare will not be jeopardized by the proposed development. See finding 5 above. 4. Standards for townhouse development are satisfied as required in this section. a. The proposed development shall meet the applicable processing conditions specified in the conditional use permit section. This requirement is met. b. A detailed development plan shall be submitted including a site plan drawn to scale. The site plan shall include, but shall not be limited to, the topography and drainage of the proposed site, the location of all buildings and structures on the site, courts, and open space areas, circulation patterns, ingress and egress points, parking areas (including the total number of parking spaces provided), and a general floor plan of the principal buildings, together with such information as the Commission shall require; The applicant has submitted a site plan to include two, two unit townhouses and one three unit townhouse. The material submitted by the Kenai Landing includes topography and drainage of the area with a plan to direct drainage to a ten acre on-site wetlands to the West Northwest of the development area. General plans submitted include the location of the proposed buildings, open areas, circulation patterns, ingress and egress points, the units will have garages for parking, and general floor plans options are provided. The commission may request Kenai Landing to provide updated documents as they become available. c. Not more than six (6) contiguous townhouses shall be built in a row with the same or approximately the same front line and not more than twelve (12) townhouses shall be contiguous. Page 20 Resolution No. PZ2020-35 Page 4 of 6 Kenai Landing is only proposing to build 2 and 3 contiguous townhouses in this phase of the project. d. Separation requirement: One series of townhouses shall not be located closer than fifteen feet (15') to another series of townhouses or any accessory structure within the townhouse developm ent. The proposed townhouse series will not be closer than 15 feet to each other. e. Minimum lot width for an individual townhouse is twenty-four feet (24'). The development will meet this requirement. Meeting this width criteria will be required nonetheless as the project is developed and the applicant is aware of this requirement. f. Minimum lot area for each townhouse unit shall be two thousand (2,000) square feet and subject to the following: (A) The total building coverage in the R, RR, RR1, RS, RS1, RS2, RU, and TSH zones shall be determined by the Development Requirements Table of KMC Title 14. The total building coverage in the IL, IH, CC, and CG zones shall be determined by the Uniform Building Code as adopted by KMC 4.05.010. (Ord. 1767-97) (B) The lot area may include a portion of the undivided common area. Kenai Landing indicates it will meet the minimum lot area and building coverage. Because this is in the IH zone, the building inspector will determine the total building coverage based on the Uniform Building Code. Meeting this criteria will be a condition of the conditional use permit along with other criteria. g. Two hundred (200) cubic feet of covered storage space shall be provided exclusive of the living area of the unit, unless a garage is provided as a part of the townhouse unit. Each townhouse as proposed will have its own garage. h. The developer or subdivider of any townhouse development including common open area, property, or amenities, shall have evidence that compliance with the Uniform Common Interest Ownership Act, AS 34.08, has been made prior to the sale of any townhouse dwelling units; Kenai Landing must provide evidence of this requirement prior to sale of any townhouse dwelling unit. i. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn, grass, natural or ornamental shrubbery or trees, or other suitable materials approved by the Commission. Pursuant to KMC Chapter 14.25 Landscaping/ Site Plan Regulations a landscaping and site plan will be required for this multifamily development in the heavy industrial zone. Page 21 Resolution No. PZ2020-35 Page 5 of 6 j. The standards set forth in this section shall complement the general standards set forth in this chapter and shall not be construed as superseding any general standard. In the event of conflict, the stricter standard shall control. This will be a requirement included in the conditional use permit. 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 Kenai Landing Inc., for the use of a two, two dwelling unit town houses and one three dwelling unit townhouse as proposed in its application on Tract A, Kenai Landing Cottages 049-01-23; 049-01 -23C012 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. 2. Prior to issuance of a Building Permit, a landscape/site plan must be reviewed and approved by the City Planner. 3. Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. 4. All criteria of KMC 14.20.160 - Townhouses must be met, with updated documents provided to the City as they become available. 5. Prior to the sale of any of the units, evidence must be provided that the developer is in compliance with the Uniform Common Interest Ownership Act, AS 34.08 . 6. A biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 7. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 8. The applicant will meet with City staff for on-site inspections when requested. 9. 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). 10. 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. 11. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. Page 22 Resolution No. PZ2020-35 Page 6 of 6 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 9th day of December, 2020. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, CMC, CITY CLERK Page 23 STAFF REPORT TO: Planning and Zoning Commission FROM: Scott Bloom, City Attorney DATE: December 3, 2020 SUBJECT: PZ2020-35 – Conditional Use Permit – Kenai Landing Applicant: Kenai Landing, Inc. 2101 Bowpicker Kenai, Alaska 99611 Legal Description: Tract A, Kenai Landing Cottages KPB Parcel #’s 049-101-23; 049-101-23C012 Property Address: 2101 Bowpicker Lot Size: Tract A - 50 Acres (project to be Approximately 1 Acre) Existing Zoning: Heavy Industrial Current Land Use: Mostly Vacant and Unoccupied/ Cannery Lodge Land Use Plan: Industrial GENERAL INFORMATION Kenai Landing, Inc. (Kenai Landing) has applied for a conditional use permit to develop a portion of its 50 acre tract along the Kenai River into townhouses. The first phase of development applicable to this application includes two, two unit townhouses and one three unit townhouse. This development will require a future modification to Kenai Landing’s Uniform Common Ownership Act filings prior to any sales. This tract is currently developed as a condominium association, and each townhouse is proposed to be located on its own unit. Town houses are allowed by conditional use in the Heavy Industrial Zone. This area has seen changes recently with the development of the Cannery Lodge and removal of cannery infrastructure. Approval of the application requires the applicant to meet both the criteria for a conditional use permit and townhouse development. Page 24 Page 2 of 7 Application, Public Notice, Public Comment An application for a Conditional Use Permit was initially received October 28, 2020 and administration has worked with the applicant to provide supplemental information. 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 Landing must meet both the criteria for townhouses as provided in KMC 14.20.160 and conditional use permits as provided in KMC 14.20.150(d). Kenai Municipal Code 14.20.160 – Townhouses Townhouses may be permitted provided they meet the following conditions: 1. The development conforms with the adopted comprehensive plan. The construction of townhouses in this area likely meets goals 1, 2 and 3 of the comprehensive plan by promoting and encouraging quality of life in Kenai, providing economic development elements to support fiscal health, and using land use strategies to implement a forward looking approach to community growth. These proposed townhouses will likely provide an opportunity for new residents and visitors to stay in our community, supporting economic development. As industrial uses of this area have diminished with the removal of aging cannery infrastructure, taking advantage of the waterfront location for townhouse development, like the development of the Cannery Lodge, supports community growth and development. The Comprehensive Plan provides that existing industrial uses in Kenai totals 850 acres, with another 320 acres of vacant industrial land. The current economic outlook does not indicate a demand for large industrial sites in the near future according to the Plan. The Plan notes that the decline in commercial fishing has affected operations of some fish processing plants. It appears there is sufficient industrial land in the City to accommodate a transition to residential uses in this area. Further, redevelopment of this area, consistent with the Cannery Lodge use , will not unduly restrict opportunities for future industrial land uses. Like the Cannery Lodge, it appears this development is compatible with the historic marine industrial use of the area. 2. Public Services and facilities are adequate to serve townhouse development. Public and private services appear adequate to serve this proposed 7 unit townhouse development. The location of these townhouses is the same as the location of the former Sockeye Restaurant and Event Facility that was permitted by DEC to serve hundreds of customers a day. The applicant provides that infrastructure including water, waste, gas, electric, phone, and ingress and egress are all available. Kenai Landing’s waste water plant is permitted to receive 12,000 gallons of water per day according to the applicant. Page 25 Page 3 of 7 Tract A is within a commercial condominium association that provides road maintenance, management and landscaping services to unit owners. The City provides emergency medical, fire and police response to the area. Both the Police Chief and Fire Chief believe adequate services can be provided to the area to accommodate the 7 unit townhouse development. Public road maintenance is provided to the property line. 3. Health, Safety and Welfare will not be jeopardized by the proposed development. The development of 7 townhouse units in this area does not appear to jeopardize the health, safety or welfare of our community. The development should attract residents and visitors to the area in small numbers. With adequate police, fire and emergency medical response available, along with water and waste water, health, safety and welfare should not be impacted. 4. Standard for townhouse development are satisfied as required in this section. The standards for townhouse development are discussed in detail below. 5. Any and all specific conditions deemed necessary by the Commission to fulfill the above mentioned conditions shall be met by the applicant. Administration does not have any recommendations for the Commission other than all the conditions and criteria for townhouse development must be met along with other applicable sections of Kenai Municipal Code related to development and construction of this project. Townhouse are additionally subject to the following standards: 1. The proposed development shall meet the applicable processing conditions specified in the conditional use permit section. This is discussed below in the Conditional Use Section analysis. 2. A detailed development plan shall be submitted including a site plan drawn to scale. The site plan shall include, but shall not be limited to, the topography and drainage of the proposed site, the location of all buildings and structures on the site, courts, and open space areas, circulation patterns, ingress and egress points, parking areas (including the total number of parking spaces provided), and a general floor plan of the principal buildings, together with such information as the Commission shall require; The applicant has submitted a site plan to include two, two unit townhouses and one three unit townhouse. The material submitted by the Kenai Landing includes topography and drainage of the area with a plan to direct drainage to a ten acre on-site wetlands to the West Northwest of the development area. General plans submitted include the location of the proposed buildings, open areas, circulation patterns, ingress and egress points, the units will have garages for parking, and general floor plans options are provided. The commission may request Kenai Landing to provide updated documents as they become available. 3. Not more than six (6) contiguous townhouses shall be built in a row with the same or approximately the same front line and not more than twelve (12) townhouses shall be contiguous. Page 26 Page 4 of 7 Kenai Landing is only proposing to build 2 and 3 contiguous townhouses in this phase of the project. 4. Separation requirement: One series of townhouses shall not be located closer than fifteen feet (15') to another series of townhouses or any accessory structure within the townhouse development. It does not appear that the proposed townhouse series will be closer than 15 feet to each other. 5. Minimum lot width for an individual townhouse is twenty-four feet (24') It appears the development will meet this requirement. Meeting this width criteria will be required nonetheless as the project is developed and the applicant is aware of this requirement. 6. Minimum lot area for each townhouse unit shall be two thousand (2,000) square feet and subject to the following: (A) The total building coverage in the R, RR, RR1, RS, RS1, RS2, RU, and TSH zones shall be determined by the Development Requirements Table of KMC Title 14. The total building coverage in the IL, IH, CC, and CG zones shall be determined by the Uniform Building Code as adopted by KMC 4.05.010. (Ord. 1767-97) (B) The lot area may include a portion of the undivided common area. Kenai Landing indicates it will meet the minimum lot area and building coverage. Because this is in the IH zone, the building inspector will determine the total building coverage based on the Uniform Building Code. Meeting this criteria will be a condition of the conditional use permit along with other criteria. 7. Two hundred (200) cubic feet of covered storage space shall be provided exclusive of the living area of the unit, unless a garage is provided as a part of the townhouse unit. Each townhouse as proposed will have its own garage. 8. The developer or subdivider of any townhouse development including common open area, property, or amenities, shall have evidence that compliance with the Uniform Common Interest Ownership Act, AS 34.08, has been made prior to the sale of any townhouse dwelling units; Kenai landing is aware of this requirement, and it will be a condition of the conditional use permit. 9. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn, grass, natural or ornamental shrubbery or trees, or other suitable materials approved by the Commission. Administration is unaware of Kenai Landings landscaping plans, but pursuant to KMC Chapter 14.25 Landscaping/ Site Plan Regulations a landscaping and site plan will be required for this multifamily development in the heavy industrial zone. Page 27 Page 5 of 7 10. The standards set forth in this section shall complement the general standards set forth in this chapter and shall not be construed as superseding any general standard. In the event of conflict, the stricter standard shall control. This will be a requirement included in the conditional use permit. 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 proposed townhouses meet the intent of KMC14.20.150 and the intent of the IH Zone with respect to the proposed use, given compliance with the staff recommended specific conditions set forth in code above. The use is compatible with the designated principal uses in the IH zone given that this is a commercial condominium association on a 50 acre tract and existing neighboring unit developments. The IH Zone is intended to provide for a broad range of industrial and commercial uses. Conditional uses may be allowed as provided in the land use table, which townhouses are one of the allowed conditional uses. The proposed conditional use is compatible with adjacent uses on the 50 acre tract, specifically including the Cannery Lodge. Additionally, the large tract is controlled by the condominium association which can control adjacent uses which may otherwise be problematic in the IH zone. • The value of the adjoining property and neighborhood will not be significantly impaired. The surrounding uses on Tract A include the Cannery Lodge, and harbor and cannery facilities. The adjoining property and neighborhood value will not be negatively impaired by the development of 7 town houses in the area. • The proposed use is in harmony with the Comprehensive Plan. The construction of townhouses in this area likely meets goals 1, 2 and 3 of the comprehensive plan by promoting and encouraging quality of life in Kenai, providing economic development elements to support fiscal health, and using land use strategies to implement a forward looking approach to community growth. These proposed townhouses will likely provide an opportunity for new residents and visitors to stay in our community, supporting economic development. As industrial uses of this area have diminished with the removal of aging cannery infrastructure, taking advantage of the waterfront location for townhouse development, like the development of the Cannery Lodge, supports community growth and development. The Comprehensive Plan provides that existing industrial uses in Kenai totals 850 acres, with another 320 acres of vacant industrial land. The current economic outlook does not indicate a demand for large industrial sites in the near future according to the Plan. The Plan notes that the decline in commercial fishing has affected operations of some fish processing plants. It appears Page 28 Page 6 of 7 there is sufficient industrial land in the City to accommodate a transition to residential uses in this area. Further, redevelopment of this area, consistent with the Cannery Lodge use, will not unduly restrict opportunities for future industrial land uses. Like the Cannery Lodge, it appears this development is compatible with the historic marine industrial use of the area. • Public services and facilities are adequate to serve the proposed use. Public and private services appear adequate to serve this proposed 7 unit townhouse development. The location of these townhouses is the same as the location of the former Sockeye Restaurant and Event Facility that was permitted by DEC to serve hundreds of customers a day. The applicant provides that infrastructure including water, waste, gas, electric, phone, and ingress and egress are all available. Kenai Landings waste water plant is permitted to receive 12,000 gallons of water per day according to the applicant. Tract A is within a commercial condominium association that provides road maintenance, management and landscaping services to unit owners. The City provides, emergency medical, fire and police response to the area. Both the Police Chief and Fire Chief believe adequate services can be provided to the area to accommodate the 7 unit townhouse development. Public road maintenance is provided to the property line. • The proposed use will not be harmful to the public safety, health or welfare. The development of 7 townhouse units in this area does not appear to jeopardize the health, safety or welfare of our community. The development should attract residents and visitors to the area in small numbers. With adequate police, fire and emergency medical response available, along with water and waste water, health, safety and welfare should not be impacted. • Specific conditions deemed necessary. See Conditions of Approval as set forth below. The applicant must obtain a building permit, an approved site and landscaping plan, and a building permit prior to construction. 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 issuance of a Building Permit, a landscape/site plan must be reviewed and approved by the City Planner. 3. Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. Page 29 Page 7 of 7 4. All criteria of KMC 14.20.160 - Townhouses must be met, with updated documents provided to the City as they become available. 5. Prior to the sale of any of the units, evidence must be provided that the developer is in compliance with the Uniform Common Interest Ownership Act, AS 34.08 . 6. A biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 7. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 8. The applicant will meet with City staff for on-site inspections when requested. 9. 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). 10. 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. 11. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. ATTACHMENTS A. Resolution No. PZ2020-35 B. Application C. Site Plan D. Drainage Plan E. Aerial Map F. Floor Plans G. Correspondence Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 File Attachments for Item: 1. City Council Page 53 Kenai City Council - Regular Meeting Page 1 of 3 November 04, 2020 Kenai City Council - Regular Meeting November 04, 2020 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 3** Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Oath of Office 5. COUNCIL MEMBER MOLLOY ELECTED VICE MAYOR. Election of Vice Mayor 6. 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. 3165-2020 - Accepting and Appropriating a Grant From the U.S. Department of Homeland Security Passed Through the State of Alaska Department of Military and Veterans’ Affairs to Update the City’s Emergency Operations Plan. (Administration) 2. ADOPTED UNANIMOUSLY. Resolution No. 2020-83 - Approving an Auto Aid Agreement and Supporting Operational Plan with Kenai Peninsula Borough for Exchange of Personnel and Equipment Response to Structure Fires. (Administration) 3. ADOPTED UNANIMOUSLY. Resolution No. 2020-84 - Authorizing the Award of a Facility Management Services Agreement for the Kenai Multi-Purpose Facility. (Administration) 4. ADOPTED UNANIMOUSLY. 2020-85 - Establishing Dates for Regular Meetings of the City Council for 2021. (City Clerk) Page 54 Kenai City Council - Regular Meeting Page 2 of 3 November 04, 2020 5. ADOPTED UNANIMOUSLY. Resolution No. 2020-86 - Authorizing a Budget Transfer in the Senior Citizen Fund Home Meals Department. (Administration) 6. ADOPTED UNANIMOUSLY. Resolution No. 2020-87 - Authorizing the Purchase of Real Property Described as Tract A, Block 18, Original Townsite of Kenai Bluff Replat for the Public Purpose of Including the Property in the Kenai Bluff Bank Stabilization Project and Determining that Public Interest Will Not be Served by an Appraisal. (Administration) 7. ADOPTED UNANIMOUSLY. Resolution No. 2020-88 - Amending the City’s Grant Disbursement Program Utilizing Funds from the Coronavirus Aid, Relief, and Economic Security (CARES) Act to Provide a Grant For The Challenger Learning Center Of Alaska For The Provision Of Educational Services. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of October 21, 2020. (City Clerk) F. UNFINISHED BUSINESS 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 a Marijuana Retail License and a Standard Marijuana Cultivation Facility for Majestic Gardens, LLC. (City Clerk) 4. APPROVED BY THE CONSENT AGENDA. *Ordinance No. 3166-2020 - Increasing Estimated Revenues And Appropriations in the Airport Special Revenue and Airport Improvements Capital Project Funds and Authorizing a Professional Services Agreement to Develop Condition Assessments for the Airfield Drainage Safety Area and Asphalt Runway Areas of the Kenai Municipal Airport. (Administration) 5. NOMINATIONS APPROVED. Action/Approval - Mayoral Nominations of Council Liaisons for Appointment to Committees and Commissions. (Mayor Gabriel) 6. APPROVED UNANIMOUSLY. Action/Approval - Special Use Permit to RAVN Alaska for Warm Storage of the De-Icing Truck. (Administration) 7. Discussion - Response to COVID-19. (Administration) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging. 2. Airport Commission Page 55 Kenai City Council - Regular Meeting Page 3 of 3 November 04, 2020 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 Report. 2. City Attorney Report. 3. City Clerk Report. 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 N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000. 2. Russian Orthodox Sacred Sites in Alaska Thank You Letter 3. Letter from M. Chatham Requesting Thanksgiving Fireworks Not be Cancelled. 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/88300853869 Meeting ID: 883 0085 3869 Passcode: 784820 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 883 0085 3869 Passcode: 784820 Page 56 Kenai City Council - Special Meeting Page 1 of 1 November 23, 2020 Kenai City Council - Special Meeting November 23, 2020 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city *Telephonic/Virtual Information Below* Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval B. PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) C. PUBLIC HEARING 1. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2020-89 - Opposing Alternative 4 Proposed to the North Pacific Fishery Management Council that would Close All Federal Waters in Cook Inlet to Commercial Salmon Fishing. (Mayor Gabriel) E. 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. Join Zoom Meeting https://us02web.zoom.us/j/85172783701 Meeting ID: 851 7278 3701 Passcode: 960578 OR Dial In: (253) 215-8782 or (669) 900-6833 Meeting ID: 851 7278 3701 Passcode: 960578 Page 57 Kenai City Council - Regular Meeting Page 1 of 4 December 02, 2020 Kenai City Council - Regular Meeting December 02, 2020 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city *Telephonic/Virtual Information on Page 3* 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. COUNCIL APPOINTMENT 1. VICTORIA ASKIN APPOINTED TO CITY COUNCIL. Selection of Appointee with the Continuation of Interviews if Needed. [Clerk’s Note: Council May Convene into Executive Session to Discuss this Agenda Item which May be a Subject that Tends to Prejudice the Reputation and Character of the Candidates for the Vacant City Council Seat (AS 44.62.310(C)(2))] 2. Appointee Oath of Office E. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3166-2020 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and Airport Improvements Capital Project Funds and Authorizing a Professional Services Agreement to Develop Condition Assessments for the Airfield Drainage Safety Area and Asphalt Runway Areas of the Kenai Municipal Airport. Page 58 Kenai City Council - Regular Meeting Page 2 of 4 December 02, 2020 2. ADOPTED UNANIMOUSLY. Resolution No. 2020-90 - Approving the Use of the Fleet Replacement Fund for the Purchase of Three Police Department Trucks Utilizing the State of Alaska Equipment Fleet Contract. 3. ADOPTED UNANIMOUSLY. Resolution No. 2020-91 - Authorizing a Budget Transfer in the COVID-19 CARES Act Recovery Fund to Increase Funding for Housing Assistance, Food Assistance, and First Responder Payroll. 4. ADOPTED UNANIMOUSLY. Resolution No. 2020-92 - Adopting an Alternative Allocation Method for the FY21 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 14: Cook Inlet. F. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of November 4, 2020. G. UNFINISHED BUSINESS H. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. 2. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12/16/2020. *Ordinance No. 3167-2020 - Increasing Estimated Revenues and Appropriations in the Cares Act Recovery Special Revenue Fund. 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12/16/2020. *Ordinance No. 3168-2020 - Increasing Estimated Revenues and Appropriations in the Airport Operations Facility, Airport Snow Removal Equipment, Terminal Improvement, Airport Improvements, Personal Use Fishery, Animal Control Improvements, Public Safety Improvements, City Shop Improvements, Municipal Roadway Improvements, Water and Sewer Improvements, and Wastewater Treatment Facility Improvements Capital Project Funds to Transfer Residual Balances from Completed or Canceled Projects Back to their Original Funding Sources. 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12/16/2020. *Ordinance No. 3169-2020 - Increasing Estimated Revenues and Appropriations in the General Fund, Finance Department for the Payment of Fees in Connection with the Collection of Remote Seller Sales Tax by the Alaska Remote Seller Sales Tax Commission on Behalf of the City of Kenai. 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12/16/2020. *Ordinance No. 3170-2020 - Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. 6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12/16/2020. *Ordinance No. 3171-2020 - Accepting and Appropriating a State of Alaska Grant Passed through the Southern Region EMS Council, Inc. for Two Automatic External Defibrillator (AED) Trainers and One Advanced Life Support (ALS) Skills Training Mannequin. Page 59 Kenai City Council - Regular Meeting Page 3 of 4 December 02, 2020 7. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12/16/2020. *Ordinance No. 3172-2020 - Waiving the $5,000 Limitation in KMC 7.25.020 (A) for Allocating CARES Act Funds to Allow the City Manager to Allocate the Funds to the Proper Account as Needs Arise and Time to Utilize the Funds Expires, and Declaring an Emergency. 8. APPROVED UNANIMOUSLY AS AMENDED. Action/Approval - Amendment to a Special Use Permit to RAVN for Additional Space of Warm Storage. 9. APPROVED UNANIMOUSLY. Action/Approval - Council Confirmation of Mayoral Nominations to the City's Commissions and Committee. 10. APPOINTMENTS OF GLENDA FEEKEN, DEREK LEICHLITER, PAUL MINELGA, TERRI WILSON, DON ERWIN, RACHAEL CRAIG, MIKE DUNN, BOB PETERS, T. GRAND WISNIEWSKI, AND DAVID RIGALL CONFIRMED. Discussion - Future Council and Commission Meeting Format. I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging report. 2. Airport Commission report. 3. Harbor Commission report. 4. Parks and Recreation report. 5. Beautification Committee report. 6. Mini-Grant Steering Committee report. J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS 1. City Manager report. 2. City Attorney report. 3. City Clerk report. L. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION – See D.1. N. PENDING ITEMS O. ADJOURNMENT Page 60 Kenai City Council - Regular Meeting Page 4 of 4 December 02, 2020 P. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000. 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/86739748798 OR Dial In: (253) 215-8782 or (669) 900-6833 Meeting ID: 867 3974 8798 Passcode: 785923 Meeting ID: 867 3974 8798 Passcode: 785923 Page 61 File Attachments for Item: 2. Kenai Peninsula Borough Planning Page 62 144 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 Pamela Gillham – Ridgeway Robert Ruffner - Kasilof/Clam Gulch Jeremy Brantley – Sterling Area Cindy Ecklund – City of Seward (Alternate) Plat Committee Final Agenda November 9, 2020 6:30 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 Procedure for the Plat Committee public hearings is 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 per person 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 a. Robert Ruffner, Kasilof/Clam Gulch 3. Minutes October 26, 2020 Plat Committee Meeting D. PUBLIC COMMENT (Items other than those appearing on the agenda or not scheduled for public hearing. Limited to five minutes per speaker unless previous arrangements are made.) E. OLD BUSINESS – None Page 63 Plat Committee Final Agenda November 9, 2020 Page 2 F. NEW BUSINESS 1. Lillian Walli Estates 2020 Replat KPB File 2020-119; [Geovera LLC/Weisser Homes, Miller, Walli, Johnson & Dobrzynski] Location: Off Linstrang Way, West Hill Road & Eric Lane City of Homer 2. Pattie Estates Addition No. 1 KPB File 2020-126; [Segesser Surveys/Pattie] Location: Tri Road & Annette Street Cohoe Area 3. Riverwind II 2020 Addition KPB File 2020-127; [Johnson Surveying/Gherman Ronald & Sharon Revocable Trust, Boedecker] Location: Off Riverwind Drive Funny River APC 4. US Survey No. 2525 James Addition Lots 8A & 8B KPB File 2020-128; [Cooper & Company/Kenai Peninsula Borough & James] Location: Off Snug Harbor Road Cooper Landing APC 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 November 30, 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 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 64 144 N. Binkley Street, Soldotna, Alaska 99669  (907) 714-2215  (907) 714-2378 Fax Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building Office of the Borough Clerk Melanie Aeschliman, 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 – Ridge Way Davin Chesser – Northwest Borough ~ Diane Fikes – City of Kenai ~ Virginia Morgan – East Peninsula ~ Franco Venuti – City of Homer Planning Commission Final Agenda November 9, 2020 7:30 p.m. Procedure for the Planning Commission public hearings is 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 a. Barnett’s South Slope Subdivision Quiet Creek Park Unit 2 KPB File 2014-016; [Seabright Surveying/Echo Trading Company LLC] Location: Off South Slope Drive, Nelson Avenue & San Jay Court City of Homer *2. Planning Commission Resolutions - None *3. Plats Granted Administrative Approval – Eight (8) plats were granted administrative approval (list of plats in desk packet) *4. Plats Granted Final Approval (20.10.040) – One (1) plat was granted administrative approval (list of plats in desk packet) *5. Plat Amendment Request – None Page 65 Planning Commission Final Agenda November 9, 2020 Page 2 *6. Commissioner Excused Absences a. Robert Ruffner, Kasilof/Clam Gulch *7. Minutes October 26, 2020 Planning Commission Meeting D. OLD BUSINESS - None E. NEW BUSINESS 1. Right-Of-Way Vacation Location & Request: Vacate a portion of Whisper Way a 60-foot right-of-way by 295 feet in length adjoining Lot 1 Block 5 & Lot 6 of Poppy Woods Subdivision, Plat KN 83-215. KPB File 2020-124V Petitioners: Marc L. & Shannon M. Kovac and John M. Reynolds of Soldotna, AK F. PENDING ITEMS – None G. PLAT COMMITTEE REPORT - The Plat Committee will review 4 preliminary plats H. OTHER 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 NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, November 30, 2020 in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS ADVISORY COMMISSION MEETING LOCATION DATE TIME Anchor Point Zoom November 5, 2020 7:00 PM Cooper Landing Zoom November 4, 2020 6:00 PM Funny River Zoom November 5, 2020 6:00 PM Kalifornsky Zoom November 4, 2020 6:00 PM Kachemak Bay Zoom November 5, 2020 7:00 PM Moose Pass Inactive TBD TBD Hope / Sunrise Zoom November 5, 2020 7:00 PM Page 66 Planning Commission Final Agenda November 9, 2020 Page 3 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. RESILIENCE & SECURITY ADVISORY COMMISSION November 12, 2020 Zoom Meeting Link: https://zoom.us/j/92309680276 6:00 PM 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. Page 67 144 N. Binkley Street, Soldotna, Alaska 99669  (907) 714-2215  (907) 714-2378 Fax Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building Office of the Borough Clerk Melanie Aeschliman, Planning Director • Charlie Pierce, Borough Mayor Paulette Bokenko-Carluccio, Chair – City of Seldovia ~ Robert Ruffner, Vice Chair – Kasilof/Clam Gulch Jeremy Brantley – Sterling ~ Pamela Gillham – Ridge Way ~ Cindy Ecklund, Alternate – City of Seward Plat Committee Final Agenda November 30, 2020 6:00 p.m. The hearing procedure for the Plat Committee public hearings is as follows: 1) Staff will present a report 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 per person 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 Plat Committee and may be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner removes the item from the consent agenda. The removed item will then be considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item, please advise the recording secretary before the meeting begins, and she will inform the Chair of your wish to comment. *1. Agenda *2. Member / Alternate Excused Absences *3. Minutes a. November 9, 2020 Plat Committee Meeting Minutes D. OLD BUSINESS E. NEW BUSINESS 1. Hjalmer Replat KPB File 2020-129; [Peninsula Surveying/Ninilchik Traditional Council] Approximately MP 135 of Sterling Hwy. 2. Rabbit Run Subdivision McCauley Replat KPB File 2020-132; [McLane Consulting Group/Rogers] Off Fatima St. & Robin Ave. Funny River APC Page 68 Plat Committee Final Agenda November 30, 2020 Page 2 3. Tutl’Uh Subdivision KPB File 2020-130; [McLane Consulting Group/Gwartney] MP 17.5 Hope Hwy & A St. Hope/Sunrise APC 4. Chigmit Vista Estates Lynch Addition KPB File 2020-138; [Segesser Surveys/Lynch] Radar Ave. & Blockade Glacier Rd. Nikiski Area 5. Doser Subdivision Eicher 2020 Replat KPB File 2020-137; [Segesser Surveys/Eicher] Doser Rd., Rydberg St. & Sterling Hwy Sterling Area 6. Kenai Bluff Stabilization Subdivision KPB File 2020-133; [Segesser Surveys/Estate of Vernon L. Bud Lofstedt] Off Toyon Way, S. Forest Dr. & Kenai Spur Hwy. City of Kenai F. PUBLIC COMMENT G. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING The next regularly scheduled Planning Commission meeting will be held Monday, December 14, 2020 in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. 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 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 69 144 N. Binkley Street, Soldotna, Alaska 99669  (907) 714-2215  (907) 714-2378 Fax Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building Office of the Borough Clerk Melanie Aeschliman, 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 – Ridge Way Davin Chesser – Northwest Borough ~ Diane Fikes – City of Kenai ~ Virginia Morgan – East Peninsula ~ Franco Venuti – City of Homer Planning Commission Final Agenda November 30, 2020 7:30 p.m. The hearing procedure for the Planning Commission public hearings are as follows: 1) Staff will present a report 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 per person 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 may be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner removes the item from the consent agenda. The removed item will then be considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item, please advise the recording secretary before the meeting begins, and she will inform the Chair of your wish to comment. *1. Time Extension Requests - None *2. Planning Commission Resolutions - None *3. Administrative Approvals a. Barabara Heights 2020; KPB File 2020-052 b. Barnett’s South Slope Subdivision Quiet Creek Park Unit 3; KPB File 2014-016P1 c. Caribou Island Subdivision; KPB File 2020-109 d. East Ridge Subdivision Reilly Addition; KPB File 2020-039 e. Hidden Hills 2020; KPB File 2020-076 f. McLennan Estates Addition No. 1; KPB File 2020-065 g. Mid River Estates Part 2 Dorland Replat; KPB File 2020-091 h. Parsons Lake West 2020 Addition; KPB File 2020-066 i. Stanley’s Meadow Jones Addn.; KPB File 2020-062 j. Winridge Estates Subdivision Hallmark Replat; KPB File 2020-072 *4. Plat Amendment Requests - None Page 70 Planning Commission Final Agenda November 30, 2020 Page 2 *5. Commissioner Excused Absences - None *6. Minutes November 9, 2020 Planning Commission Meeting Minutes D. OLD BUSINESS – None E. NEW BUSINESS 1. Ordinance 2020-47: Authorizing an amendment to the Tsalteshi Trails Association lease to provide a ten-year extension of the term. 2. Ordinance 2020-48: Authorizing a communications site lease agreement at Nikiski Fire Station 3 with SPITwSPOTS, Inc. 3. Building Setback Exception Yonder Forty Subdivision Lot 3 Block 1 KPB 2020-139; PC Resolution 2020-36 Denny Lane & Virginia Avenue Anchor Point Area 4. Utility Easement Vacation Yonder Forty Subdivision Lot 3 Block 1 KPB File 2020-135V; PC Resolution 2020-34 Denny Lane & Virginia Avenue Anchor Point Area 5. Building Setback Exception Wooded Shores Sub Part 1 Lot 17 Block 2 KPB 2020-140; PC Resolution 2020-37 Rambling Road & Island Lake Road Nikiski Area 6. Utility Easement Vacation Hollywood Park Lot 4 KPB File 2020-033V Whisky Gulch Street Anchor Point Area 7. Utility Easement Vacation Otter Creek Subdivision No. 3 Lot 8A KPB File 2020-136V; PC Resolution 2020-35 Otter Trail Road & Merkes Road Sterling Area 8. Right-Of-Way Vacation Terrace View Subdivision KPB File: 2019-150V1 Vacation Portions of: Universe Ave., Komsomol St., Markoka Ave. & Planet Pl. Nikolaevsk Area Page 71 Planning Commission Final Agenda November 30, 2020 Page 3 9. Reconsideration Echo Hills Subdivision 2020 Replat KPB File 2020-099, [McLane Consulting Group/ Kuemerle] Oxford Avenue & Echo Lake Road Kalifornsky Area F. UNFINISHED BUSINESS - None G. PLAT COMMITTEE REPORT H. OTHER I. PUBLIC COMMENT/PRESENTATION (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. DIRECTOR'S COMMENTS K. COMMISSIONER COMMENTS L. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, December 14, 2020 in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website. Links to the websites can be found on the Planning Department website. NEXT REGULARLY SCHEDULED RESILIENCE & SECURITY ADVISORY COMMISSION Meeting will conducted via Zoom – December 9, 2020 Information can be found at; https://www.kpb.us/planning-dept/resilience-security-advisory-commission-meetings 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 ADVISORY COMMISSION MEETING LOCATION DATE TIME Anchor Point Zoom 12/10/20 7:00 PM Cooper Landing Zoom 12/9/20 6:00 PM Funny River Zoom 12/10/20 6:00 PM Kalifornsky Zoom 12/9/20 6:00 PM Kachemak Bay Zoom 12/10/20 7:00 PM Moose Pass Moose Pass Community Hall TBD N/A Hope / Sunrise Zoom 12/9/20 7:00 PM Page 72 Planning Commission Final Agenda November 30, 2020 Page 4 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. Page 73