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HomeMy WebLinkAbout2021-05-12 Planning & Zoning PacketKenai Planning & Zoning Commission - Regular Meeting Page 1 of 3 May 12, 2021 Kenai Planning & Zoning Commission - Regular Meeting May 12, 2021 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. * April 28, 2021 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 PZ2021-14 – Preliminary Subdivision Plat of FBO Subdivision No. 11, submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, AK 99669, on behalf of City of Kenai, 210 Fidalgo Avenue, Kenai, AK 99611 F. PUBLIC HEARINGS 1. Resolution PZ2021-15 – Application for a Conditional Use Permit for Cabin Rentals for the property described as Lot 3, James H Cowan Estates, located at 1050 Angler Drive, Kenai, Alaska 99611. The application was submitted by Bryan Lowe, Rachel Lowe and Bryson Lowe, 411 Eadies Way, Kenai, AK 99611 Page 1 Kenai Planning & Zoning Commission - Regular Meeting Page 2 of 3 May 12, 2021 2. Resolutions PZ2021-16 and PZ2021-17 – Application for a Conditional Use Permit for a Guide Service and Lodging for the property described as Lot 4, Block 4, Basin View Subdivision Part 3, located at 345 Dolchok Lane, Kenai, Alaska 99611. The application was submitted by Dean M. Schlehofer, P.O. Box 201565, Anchorage, AK 99520-1565 G. UNFINISHED BUSINESS H. NEW BUSINESS 1. Action/Approval – Application for Lease of City-owned Lane within the Airport Reserve described as Tract A-2, General Aviation Apron Subdivision No. 7. The application was submitted by SOAR International Ministriies, P.O. Box 1714, Kenai, AK 99611 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. May 26, 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. Page 2 Kenai Planning & Zoning Commission - Regular Meeting Page 3 of 3 May 12, 2021 Join Zoom Meeting https://us02web.zoom.us/j/85126889365 Meeting ID: 851 2688 9365 Passcode: 054798 One tap mobile 16699006833 12532158782 Meeting ID: 851 2688 9365 Passcode: 054798 Page 3 File Attachments for Item: 1. * April 28, 2021 Page 4 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING APRIL 28 , 2021 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA VICE CHAIR FIKES, PRESIDING MINUTES A. CALL TO ORDER Vice Chair Fikes called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Vice Chair Fikes led those assembled in the Pledge of the Allegiance. 2. Roll Call Commissioners present: D. Fikes, J. Twait, J. Halstead, G. Woodard, G. Greenberg, A. Douthit, R. Springer Commissioners absent: Staff/Council Liaison present: Planning Director R. Foster, Planning Assistant W. Anderson, Deputy City Clerk M. Thibodeau, Council Liaison J. Glendening A quorum was present. 3. Agenda Approval MOTION: Commissioner Woodard MOVED to approve the agenda as written and Commissioner Greenberg SECONDED the motion. There were no objections; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Douthit MOVED to approve the consent agenda and Commissioner Greenberg 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. Page 5 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 7 April 28, 2021 5. *Excused absences – None B. APPROVAL OF MINUTES 1. *April 14, 2021 The minutes were approved by the Consent Agenda. C. SCHEDULED PUBLIC COMMENT – None. D. UNSCHEDULED PUBLIC COMMENT – None. E. CONSIDERATION OF PLATS 1. Resolution PZ2021-06 – Preliminary Subdivision Plat of TKC Subdivision, submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, AK 99669, on behalf of TKC, LLC, P.O. Box 10658, Bakersfield, CA 93389 [Clerk’s Note: At their April 14, 2021 meeting, Resolution PZ2021-06 was postponed by the Planning & Zoning Commission until the utility line design had been confirmed . A motion to approve is on the floor.] Planning Director Foster presented his staff report with information provided in packet noting that the commission passed PZ2021 -02 on January 27, 2021 which allowed for eight additional single family dwelling units to be constructed on a 2.5 acre parcel which, after being issued a Conditional Use Permit, the property owner decided to divide into three lots. Consideration of this subdivision was postponed at the Planning & Zoning Commission meeting of April 14, 2021 in order to confirm the final design of the utilities associated with the development of the eight additional units and the subdivision, and the design for water and sewer connections has now been accepted by the Public Works Department. Approval of the plat was recommended, subject to the following conditions: • Further development of the property shall conform to all federal, State of Alaska, and local regulations; and, • The plat number referenced for the Kenai Christian Church lot which lies to the South is labeled incorrectly; the plat number should be changed to KN2011-52. Clarification was provided that there is a driveway to access the four units on lot 4. VOTE: YEA: Springer, Halstead, Douthit, Fikes, Greenberg, Woodard, Twait NAY: MOTION PASSED UNANIMOUSLY. 2. Resolution PZ2021-13 – Preliminary Subdivision Plat of Baleen Cove Subdivision, submitted by Segesser Surveys, 30485 Rosland Street, Soldotna,AK 99669, on behalf of Vann Revocable Trust, P.O. Box 561, Kasilof, AK 99610 Page 6 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 7 April 28, 2021 Planning Director Foster presented his staff report with information provided in packet noting that the plat will subdivide the 10 acre lot into 7 lots of approximately 1-2 acres each. He noted that the primary access to the proposed lots would be via Baleen Avenue which is a gravel City maintained road, and the applicant has granted a 30 foot public access easement which could be used for access along the southern side of the lots, but is not recommended for primary access. The City does not have water and sewer lines in this area and the property owners would have to install water wells and septic systems. Approval of the plat was recommended, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations; 2. Delineate the access easement as set forth under Plat Note number 4 on the face of the plat; 3. Add to Plat Note number 4 that the City of Kenai does not recommend that the access easement be used as primary access into the subdivision; 4. Specify the acreage or square footage of each lot on the face of the plat; 5. The surrounding property notation for Lots 8 and 9, Block 3, should be changed to Lot 8A, Block 3, KN 2014-86; 6. Capitalize the “k” for Kasilof under the owner’s signature line. MOTION: Commissioner Greenberg MOVED to recommend approval of Resolution No. PZ2021-13 with staff recommendations and Commissioner Woodard SECONDED the motion. Clarification was provided that the 30 foot easement is provided in the notes, and that the easement was already existing as part of the preliminary plat and staff’s recommendation on how to handle it is based on the zoning of this parcel as limited commercial. VOTE: YEA: Halstead, Douthit, Fikes, Greenberg, Woodard, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. F. PUBLIC HEARINGS 1. Resolution PZ2021-12 – Application for a Conditional Use Permit for a Day Care for the property described as Lot 1, Block L, Woodland Subdivision Part 1, located at 530 Ash Avenue, Kenai, Alaska 99611. The application was submitted by Lupine Orlob, 530 Ash Avenue, Kenai, AK 99611 Planning Director Foster presented his staff report with information provided in packet noting that the applicant wishes to increase the number of children attending their day care to 12 children, which exceeds the maximum of eight children under the age twelve allowed with a Home Occupation Permit, therefore requiring a Conditional Use Permit. The criteria for conditional use permits was reviewed; it was noted the application met the criteria and City staff recommends approval subject to the following conditions: Page 7 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 7 April 28, 2021 • Further development of the property shall conform to all federal, State of Alaska, and local regulations; • A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year; • Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai; • The applicant will meet with City staff for on-site inspections when requested; • 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); • 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. MOTION: Commissioner Douthit MOVED to recommend approval of Resolution No. PZ2021-12 with staff recommendations and Commissioner Greenberg SECONDED the motion. Vice Chair Fikes opened for public hearing. Lupine Orlob, owner of Sproutlets Creative Learning, clarified details about her business and property for the commission including parking, the increase in children in her care, and State license status. An email from her neighbor as provided in the laydown was noted, and Ms. Orlob explained her policy on children picking up their own toys. There being no one wishing to be heard, the public hearing was closed. VOTE: YEA: Douthit, Fikes, Greenberg, Woodard, Twait, Springer, Halstead NAY: MOTION PASSED UNANIMOUSLY. The 15-day appeal period for a Conditional Use Permit was noted. 2. Resolution PZ2021-10 – Application for a Conditional Use Permit for a Planned Unit Development for the property described as Tract A, Kenai Landing Cottages Subdivision, located at 2101 Bowpicker Lane, Kenai, Alaska 99611. The application was submitted by Kenai Landing, Inc., 2101 Bowpicker Lane, Kenai, AK 99611 Planning Director Foster presented his staff report with information provided in packet noting that the applicant has proposed a planned unit residential development (PUD) for 60 dwelling units in Phase A, and that Phase A includes six development areas within an approximately 13 acre project site. The criteria for conditional use permits was reviewed; it was noted the application met the criteria and City staff recommends approval 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 Planning Director; 3. Prior to issuance of a Building Permit, conditions listed under 14.20.170 Planned Unit Page 8 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 5 of 7 April 28, 2021 Residential Development must be reviewed and approved by the Planning Director; 4. Prior to issuance of a Building Permit, conditions listed under 14.20.160 Townhouses must be reviewed and approved by the Planning Director. Adjustments to criteria regarding lot width, lot size, and setbacks will be considered due to the nature of the project, including the Condominium approach in lieu of fee simple lots; 5. Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai; 6. Applicant will provide a copy of DEC compliance certification on the water/sewer system; 7. Approval and issuance of the Conditional Use Permit for the Planned Unit Residential Development results in expiration of PZ2020-35 granting a Conditional Use Permit for two, two unit townhouses and one three unit townhouse on the subject property; 8. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year; 9. The applicant will meet with City staff for on-site inspections when requested; 10. 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); 11. 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; 12. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit; 13. The developer or subdivider of any Planned Unit Residential Development including common open area, property, or amenities, shall have evidence that compliance with Uniform Common Interest Ownership Act, AS 34.08, has been made prior to the sale of any townhouse dwelling units. MOTION: Commissioner Springer MOVED to recommend approval of Resolution No. PZ2021-10 with staff recommendations and Commissioner Greenberg SECONDED the motion. Vice Chair Fikes opened for public hearing. John Faulkner and Steve Agni presented their vision of Home Port, including the location, the phases of construction, development areas and designs for townhomes and houses, and anticipated timeline. Dawn Bragg expressed enthusiasm for the project, shared her own vision and offered suggestions. There being no one wishing to be heard, the public hearing was closed. Clarification was provided on the point at which private road maintenance takes over from State road maintenance. The applicants recognized that there are historic gravesites in the area, and assured the commission they will be preserved. Discussion included the applicant’s request to alter the language of Condition 4 to read “Prior to Issuance of a building permit, conditions listed under 14.20.160 Townhouses must be reviewed for conformity by the Planning Director. However, due to the unique nature of the project and its status as a condominium, the criteria under 14.20.160 regarding lot width, lot size and setbacks is hereby modified according to the attached grid as organized by Development Area and Page 9 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 6 of 7 April 28, 2021 represented on the Home Port master plan". The request and associated grid was provided to the commission in the laydown. Planning Director Foster explained that he had reviewed the presented data and noted that we was open to accepting the suggested replacement of Condition 4 with the understanding that, with the specificity of the setbacks provided in the grid, if things did change after the fact then the matter would have to return to the Planning & Zoning Commission. Director Foster questioned the TBD status of the side setbacks on the nonresidential side of Cannery North, and the applicant recommended that it be set at 10 feet. The applicant also clarified that Cannery South had 0 lot lines for the units who share a common wall and had a 10 foot setback on the units at the end of the building. MOTION TO AMEND: Commissioner Springer MOVED to amend Resolution No. PZ2021 -10 to replace Condition Four with the suggested version as presented in the laydown, and to clarify that the TBD for side setbacks at Cannery North to be 10 feet. Commissioner Halstead SECONDED the motion. VOTE ON AMENDMENT : YEA: Greenberg, Woodard, Twait, Springer, Halstead, Douthit, Fikes NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YEA: Woodard, Twait, Springer, Halstead, Douthit, Fikes, Greenberg NAY: MOTION PASSED UNANIMOUSLY. The 15-day appeal period for a Conditional Use Permit was noted. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS – None. I. PENDING ITEMS – None. J. REPORTS 1. City Council – Council Member Glendening reported on the actions from the April 21, 2021 City Council meeting. 2. Borough Planning – Vice Chair Fikes reported on the actions from the April 26, 2021 Borough Planning meeting, noting that they are now meeting in person with social distancing. 3. City Administration – Planning Director Foster reported on the following: • Planning & Zoning department has been very busy; Page 10 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 7 of 7 April 28, 2021 • Next meeting will include two conditional use permits and a plat, and potentially another plat and an airport lease. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments Dawn Bragg inquired about code restrictions for salmon stream habitats in the Kenai Peninsula Borough Code and Kenai Municipal Codes. 2. Council Comments L. INFORMATIONAL ITEMS M. NEXT MEETING ATTENDANCE NOTIFICATION 1. May 12, 2021 N. COMMISSION COMMENTS & QUESTIONS Chair Twait, who was participating via Zoom, noted that it was nice to see everything from a different perspective. Commissioner Halstead commended Planning Director Foster on his phenomenal and thorough job presenting all the information at tonight’s meeting. Commissioner Springer noted it was nice to be here in person for the first time in over a year. Commissioner Greenberg noted that it is very exciting to see what’s happening over at Kenai Landing, and is hoping the project will be successful. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 9:31 p.m. Minutes prepared and submitted by: ____________________________ Meghan Thibodeau Deputy City Clerk Page 11 File Attachments for Item: 1. Resolution PZ2021-14 – Preliminary Subdivision Plat of FBO Subdivision No. 11, submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, AK 99669, on behalf of City of Kenai, 210 Fidalgo Avenue, Kenai, AK 99611 Page 12 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-14 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT FBO SUBDIVISION NO. 11 ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Segesser Surveys, Inc. and, WHEREAS, the plat meets Municipal Code requirements of the Airport Light Industrial; and, WHEREAS, street names are referenced correctly; and, WHEREAS, Access to the proposed lots is via North Willow Street which is a paved City maintained street; and WHEREAS, Water and sewer lines are located within the right-of-way of North Willow Street. An installation agreement is not required; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to Kenai Municipal Code 14.10.070 Subdivision design standards, the plat conforms to the minimum street widths, easements are sufficiently provided for utilities, the proposed lot would be arranged to provide satisfactory and desirable building sites, and the preliminary plat meets standards for water and wastewater. 2. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the proposed lots meets City standards for minimum lot sizes. 3. Pursuant to Kenai Municipal Code 14.24.020 General Requirements, the proposed lots meet City standards for minimum lot width, maximum lot coverage, maximum height, and setbacks. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of FBO Subdivision No. 11 be approved subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. Page 13 Resolution No. PZ2021-14 Page 2 of 2 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 12th day of May, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, MMC, CITY CLERK Page 14 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: May 6, 2021 SUBJECT: PZ2021-14 – Preliminary Plat – FBO Subdivision No. 11 Applicant: City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 Submitted By: Segesser Surveys, Inc. 30485 Rosland St. Soldotna, AK 99669 Requested Action: Preliminary Subdivision Plat – FBO Subdivision No. 11 Legal Description: Lots 3 and 4, FBO Subdivision No. 7 Property Address: 515 N. Willow Street and 525 N. Willow Street KPB Parcel No: 04336039 and 04336040 Lot Size: Approximately 3.60 acres (156,816 square feet) per lot Existing Zoning: Airport Light Industrial Current Land Use: ARFF/SRE Facility (Lot 3) and Vacant (Lot 4) Land Use Plan: Airport Industrial GENERAL INFORMATION The Airport Operation Building is located on Lot 3, FBO Subdivision No.7. Lot 4, FBO Subdivision No. 7 is leased to the State of Alaska, Division of Forestry. The City of Kenai has been issued a building permit to construct an approximately 5,600 square foot building to be used for sand storage for maintenance of the airfield. The City of Kenai wishes to increase the size of the Lot 3 for the construction of the building. The preliminary plat of FBO Subdivision No. 11 will move the Page 15 Page 2 of 3 property line between Lots 3 and 4, FBO Subdivision No. 7 approximately northerly 125 feet, resulting in a larger lot for the sand storage building and a smaller lot that is leased to the State of Alaska, Division of Forestry. Segesser Surveys, Inc. submitted a preliminary plat on behalf of the property owners, the City of Kenai. The plat affects the parcels described as Lots 3 and 4, FBO Subdivision No. 7. The proposed Lot 3A, FBO Subdivision No. 11 is comprised of approximately 4.725 acres (approximately 205,821 square feet); and Lot 4A, FBO Subdivision No. 11 is comprised of approximately 2.475 acres (approximately 107,811 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 March 6, 2021. ANALYSIS Access to the proposed lots is provided via North Willow Street, which is a paved City maintained road. Water and sewer lines are located within the right-of-way of North Willow Street. The Airport Operations Building is connected to City water and sewer services. The Lessee of Lot 4, FBO Subdivision NO. 7 may connect to water and sewer services. An installation agreement is not required. The preliminary plat meets requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations. RECOMMENDATIONS City staff recommends approval of the preliminary plat of FBO Subdivision No. 11, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. Page 16 Page 3 of 3 ATTACHMENTS 1. Resolution No. PZ2021-14 2. Application 3. Preliminary Plat 4. Aerial Map Page 17 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-14 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT FBO SUBDIVISION NO. 11 ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Segesser Surveys, Inc. and, WHEREAS, the plat meets Municipal Code requirements of the Airport Light Industrial; and, WHEREAS, street names are referenced correctly; and, WHEREAS, Access to the proposed lots is via North Willow Street which is a paved City maintained street; and WHEREAS, Water and sewer lines are located within the right-of-way of North Willow Street. An installation agreement is not required; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to Kenai Municipal Code 14.10.070 Subdivision design standards, the plat conforms to the minimum street widths, easements are sufficiently provided for utilities, the proposed lot would be arranged to provide satisfactory and desirable building sites, and the preliminary plat meets standards for water and wastewater. 2. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the proposed lots meets City standards for minimum lot sizes. 3. Pursuant to Kenai Municipal Code 14.24.020 General Requirements, the proposed lots meet City standards for minimum lot width, maximum lot coverage, maximum height, and setbacks. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of FBO Subdivision No. 11 be approved subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. Page 18 Resolution No. PZ2021-14 Page 2 of 2 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 12th day of May, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, MMC, CITY CLERK Page 19 Page 20 Page 21 Page 22 PLANNING & ZONING COMMISSION PZ2021-14 –Preliminary Plat - FBO Subdivision No. 11 1 Page 23 SUMMARY Segesser Surveys, LLC has submitted a preliminary plat on behalf of the property owner, the City of Kenai. The City of Kenai wishes to increase the size of the Lot 3 for the construction of an approximately 5,600 sf building to be used for sand storage for maintenance of the airfield. 2 Page 24 PRELIMINARY PLAT The plat affects the parcels described as Lots 3 and 4, FBO Subdivision No. 7. The proposed Lot 3A, FBO Subdivision No. 11 is comprised of approximately 4.725 acres (approximately 205,821 square feet); and Lot 4A, FBO Subdivision No. 11 is comprised of approximately 2.475 acres (approximately 107,811 square feet). 3 Page 25 STAFF ANALYSIS Access to the proposed lots is provided via North Willow Street, which is a paved City maintained road. Water and sewer lines are located within the right-of-way of North Willow Street. The Airport Operations Building is connected to City water and sewer services. The Lessee of Lot 4, FBO Subdivision NO. 7 may connect to water and sewer services. An installation agreement is not required. The preliminary plat meets requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations. 4 Page 26 RECOMMENDATIONS City staff recommends approval of the preliminary plat of FBO Subdivision No. 11, subject to the following conditions: 1.Further development of the property shall conform to all federal, State of Alaska, and local regulations. 5 Page 27 ATTACHMENTS 1. Resolution No. PZ2021-14 2. Application 3. Preliminary Plat 4. Aerial Map 6 Page 28 1. RESOLUTION 7 Page 29 2. APPLICATION 8 Page 30 3. PRELIMINARY PLAT 9 Page 31 4. AERIAL MAP 10 Page 32 File Attachments for Item: 1. Page 33 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-15 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR CABIN RENTALS. APPLICANT: Bryan Lowe PROPERTY ADDRESS: 1050 Angler Drive LEGAL DESCRIPTION: T 5N R 11W SEC 11 Seward Meridian KN 0970071 James H Cowan Estates Lot 3 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04939055 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on April 15, 2021; 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 May 12, 2021, 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; Critera Met: The proposed four cabins meets the intent of the Rural Residential Zone (RR) to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. Page 34 Resolution No. PZ2021-15 Page 2 of 3 The Land Use Table provides that Cabin Rentals are a conditional use; therefore, a conditional use permit must be granted for the construction and operation of rental cabins. The applicant has provided a site plan that provides the layout of the cabins and parking. 2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met. The parcels located to the North, South, East and West of the subject property are zoned rural residential and are undeveloped City owned property to the west, with single family residential uses to the north, south, and east. The value of adjacent properties should not be significantly impacted with the construction of four rental cabins. Generally speaking, new construction of this nature, tends to increase neighborhood property values. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Criteria Met. The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. There are several cabins, lodges, and guide services already on Angler Drive and four additional rental cabins will not impair the quality of life within the neighborhood. Low-density residential land uses typically include single-family low-density, large lots with individual on-site water supply and wastewater disposal systems. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application: • ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. • LU-2 Promote the infill of existing, improved subdivision lots. • Q-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met. City water and sewer is not in the vicinity of the subject property, therefore, onsite water and wastewater treatment and disposal systems will be necessary. The applicant must meet the wastewater disposal requirements of KPB Chapter 20.40 and the regulatory requirements of the Alaska Department of Environmental Conservation. The property has access to electricity and telephone services. Angler Drive is a paved road which is maintained by the City of Kenai. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Criteria Met: The use of four rental cabins will not be harmful to public safety, health, or welfare. Staff believes that services are available to adequately serve this development. The applicant has provided the City with a draft site plan, which indicates that there will be sufficient parking available for rental guests. Page 35 Resolution No. PZ2021-15 Page 3 of 3 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. 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 Bryan Lowe for Cabin Rentals for property described as T 5N R 11W SEC 11 Seward Meridian KN 0970071 James H Cowan Estates Lot 3, and located at 1050 Angler Drive. 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 Planning Director. 3. Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. 4. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 5. The applicant will meet with City staff for on-site inspections when requested. 6. 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). 7. 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. 8. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 12th day of May, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, MMC, CITY CLERK Page 36 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: May 6, 2021 SUBJECT: PZ2021-15 – Conditional Use Permit – Cabin Rentals Applicant: Bryan Lowe 411 Eadies Way Kenai, Alaska 99611 Legal Description: T 5N R 11W SEC 11 Seward Meridian KN 0970071 James H Cowan Estates Lot 3 Property Address: 1050 Angler Drive KPB Parcel No: 04939055 Lot Size: 1.41 Acres (61,419 square feet) Existing Zoning: Rural Residential Current Land Use: Vacant Parcel Land Use Plan: Low Density Residential GENERAL INFORMATION Cabin rentals are listed as a conditional use within the Rural Residential zone in Kenai Municipal Code 14.22.010, Land Use Table. KMC 14.20.320 Definitions, defines cabin rentals “Cabin rentals” means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. 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 Page 37 Page 2 of 4 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: Criteria # 1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Applicant Response: The addition of these cabins is very similar in look and feel of surrounding structures. Staff Response: The proposed four cabins meets the intent of the Rural Residential Zone (RR) to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment . The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. The Land Use Table provides that Cabin Rentals are a conditional use; therefore, a conditional use permit must be granted for the construction and operation of rental cabins. The applicant has provided a site plan that provides the layout of the cabins and parking. Criteria #2: The value of the adjoining property and neighborhood will not be significantly impaired. Applicant Response: This project expands on similar uses and bolsters the status quo of the area. Staff Response: The parcels located to the North, South, East and West of the subject property are zoned rural residential and are undeveloped City owned property to the west, with single family residential uses to the north, south, and east. The value of adjacent properties should not be significantly impacted with the construction of four rental cabins. Generally speaking, new construction of this nature, tends to increase neighborhood property values. Page 38 Page 3 of 4 Criteria #3: The proposed use is in harmony with the Comprehensive Plan. Applicant Response: This project is in harmony with the current economic developments that have been established in similar land use of the area. This project aligns with the current recreation of surrounding properties in an environmentally aesthetic fashion that enriches the quality of life the Kenai is known for. Staff Response: The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. There are several cabins, lodges, and guide services already on Angler Drive and four additional rental cabins will not impair the quality of life within the neighborhood. Low-density residential land uses typically include single-family low-density, large lots with individual on-site water supply and wastewater disposal systems. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application:  ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events.  LU-2 Promote the infill of existing, improved subdivision lots.  Q-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses. Criteria #4: Public services and facilities are adequate to serve the proposed use. Applicant Response: Yes, existing utility are sufficient to serve the proposed conditional use. Staff Response: City water and sewer is not in the vicinity of the subject property, therefore, onsite water and wastewater treatment and disposal systems will be necessary. The applicant must meet the wastewater disposal requirements of KPB Chapter 20.40 and the regulatory requirements of the Alaska Department of Environmental Conservation. The property has access to electricity and telephone services. Angler Drive is a paved road which is maintained by the City of Kenai. Criteria #5: The proposed use will not be harmful to the public safety, health or welfare. Applicant Response: This conditional use is in harmony with the surrounding businesses that have grown in the area for over a decade, in addition, the applicant is well versed in this area and has years of success in building the current standard you see present in the area today. Staff Response: The use of four rental cabins will not be harmful to public safety, health, or welfare. Staff believes that services are available to adequately serve this development. The applicant has provided the City with a draft site plan, which indicates that there will be sufficient parking available for rental guests. Page 39 Page 4 of 4 Criteria # 6: Specific conditions deemed necessary. Applicant Response: No, these cabins are a continuation of current land use and fall well in line with all aspects of neighboring properties as well as the surrounding area. Staff Response: See Conditions of Approval as set forth below. 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 Planning Director. 3. Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. 4. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 5. The applicant will meet with City staff for on-site inspections when requested. 6. 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). 7. 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. 8. 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. PZ2021-15 B. Application C. Draft Site Plan D. Floor Plans/Elevation Drawings E. Aerial Map F. Business License Page 40 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-15 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR CABIN RENTALS. APPLICANT: Bryan Lowe PROPERTY ADDRESS: 1050 Angler Drive LEGAL DESCRIPTION: T 5N R 11W SEC 11 Seward Meridian KN 0970071 James H Cowan Estates Lot 3 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04939055 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on April 15, 2021; 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 May 12, 2021, 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; Critera Met: The proposed four cabins meets the intent of the Rural Residential Zone (RR) to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. Page 41 Resolution No. PZ2021-15 Page 2 of 3 The Land Use Table provides that Cabin Rentals are a conditional use; therefore, a conditional use permit must be granted for the construction and operation of rental cabins. The applicant has provided a site plan that provides the layout of the cabins and parking. 2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met. The parcels located to the North, South, East and West of the subject property are zoned rural residential and are undeveloped City owned property to the west, with single family residential uses to the north, south, and east. The value of adjacent properties should not be significantly impacted with the construction of four rental cabins. Generally speaking, new construction of this nature, tends to increase neighborhood property values. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Criteria Met. The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. There are several cabins, lodges, and guide services already on Angler Drive and four additional rental cabins will not impair the quality of life within the neighborhood. Low-density residential land uses typically include single-family low-density, large lots with individual on-site water supply and wastewater disposal systems. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application: • ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. • LU-2 Promote the infill of existing, improved subdivision lots. • Q-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met. City water and sewer is not in the vicinity of the subject property, therefore, onsite water and wastewater treatment and disposal systems will be necessary. The applicant must meet the wastewater disposal requirements of KPB Chapter 20.40 and the regulatory requirements of the Alaska Department of Environmental Conservation. The property has access to electricity and telephone services. Angler Drive is a paved road which is maintained by the City of Kenai. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Criteria Met: The use of four rental cabins will not be harmful to public safety, health, or welfare. Staff believes that services are available to adequately serve this development. The applicant has provided the City with a draft site plan, which indicates that there will be sufficient parking available for rental guests. Page 42 Resolution No. PZ2021-15 Page 3 of 3 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. 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 Bryan Lowe for Cabin Rentals for property described as T 5N R 11W SEC 11 Seward Meridian KN 0970071 James H Cowan Estates Lot 3, and located at 1050 Angler Drive. 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 Planning Director. 3. Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. 4. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 5. The applicant will meet with City staff for on-site inspections when requested. 6. 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). 7. 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. 8. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 12th day of May, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, MMC, CITY CLERK Page 43 Page 44 Page 45 Page 46 Page 47 T 5N R 11W SEC 11 Seward Meridian KN 0970071 Jam es H Cowan Estates Lot 31050 Angler Driv eParcel 0493905 5 ANGLER DR.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 11055 Feet LEGEND Su bject Parcel Date: 5/7/2021 Page 48 Page 49 PLANNING & ZONING COMMISSION Resolution PZ2021-15 –Conditional Use Permit –Cabin Rentals 1050 Angler Drive 1 Page 50 SUMMARY 2 Applicant:Bryan Lowe 411 Eadies Way Kenai, Alaska 99611 Legal Description: T 5N R 11W SEC 11 Seward Meridian KN 0970071 James H Cowan Estates Lot 3 Property Address: 1050 Angler Drive KPB Parcel No: 04939055 Lot Size:1.41 Acres (61,419 square feet) Existing Zoning: Rural Residential Current Land Use: Vacant Parcel Land Use Plan: Low Density Residential Page 51 SUMMARY 3 Cabin rentals are listed as a conditional use within the Rural Residential zone in Kenai Municipal Code 14.22.010 Land Use Table. KMC 14.20.320 Definitions, defines cabin rentals “Cabin rentals” means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. Page 52 SITE PLAN Site plan identifies the rough layout of the 4 rental cabins. Each cabin is approximately 528 sf plus a porch. 4 Page 53 STAFF 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: 5 Page 54 REVIEW CRITERIA Criteria #1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Criteria #2: The value of the adjoining property and neighborhood will not be significantly impaired. Criteria #3: The proposed use is in harmony with the Comprehensive Plan. Criteria #4: Public services and facilities are adequate to serve the proposed use. Criteria #5: The proposed use will not be harmful to the public safety, health or welfare. Criteria #6: Specific conditions deemed necessary. 6 Page 55 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 Planning Director. 3.Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. 4.A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 7 Page 56 RECOMMENDATIONS CONTINUED 5.The applicant will meet with City staff for on-site inspections when requested. 6.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). 7.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. 8.Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. 8 Page 57 ATTACHMENTS A. Resolution PZ2021-15 B. Application C. Draft Site Plan D. Floor Plans/Elevation Drawings E. Aerial Map F. Business License 9 Page 58 A. RESOLUTION 10 Page 59 A. RESOLUTION CONTINUED 11 Page 60 B. APPLICATION 12 Page 61 C. SITE PLAN 13 Page 62 D. FLOOR PLANS/ELEVATION DRAWINGS 14 Page 63 E. AERIAL MAP 15 Page 64 F. BUSINESS LICENSE 16 Page 65 File Attachments for Item: 2. Page 66 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-16 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR GUIDE SERVICE. APPLICANT: Dean Michael Schlehofer PROPERTY ADDRESS: 345 Dolchok Lane LEGAL DESCRIPTION: Lot 4, Block 4, Basin View Subdivision Part 3 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04926211 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on April 15, 2021; 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 May 6, 2021, 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; Criteria Met: The proposed guide service and lodging meets the intent of the Rural Residential Zone (RR) to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. Page 67 Resolution No. PZ2021-16 Page 2 of 4 The guide services and lodging are proposed to take place in an existing single family home, there are no proposed physical changes that would violate the residential character of the neighborhood. The maximum capacity of four bedrooms for lodging is not anticipated to generate heavy traffic in the neighborhood, and likely results in roughly the same number of vehicle trips as other single family homes in the neighborhood. The KMC 14.22 Land Use Table provides that Guide Services and Lodging are a conditional use; therefore, a conditional use permit must be granted for the operation of these services. The applicant has provided illustrations of the layout of the property and floor plans/elevations of the single family home. 2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met: This parcel is approximately 1.94 acres in size and contains a large paved driveway in the front of the residence to accommodate parking of guest vehicles. The aerial photo provided by the applicant indicates that the distances between the structures and the tree line provides a natural buffer between the properties. The parcels located to the North, South, East and West are zoned rural residential and have similar single family residential uses as the subject property. The value of adjacent properties should not be significantly impacted by the addition of guide services and lodging uses, the physical characteristics of the property remain unchanged. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Criteria Met: The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai. The tourism industry is an important component for economic developm ent within the City of Kenai. The guide services, bed and breakfast, cabin rentals, and lodging businesses support the tourism industry. Low-density residential land uses typically include single-family low-density, large lots with individual on-site water supply and wastewater disposal systems. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application:  ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met: City water and sewer lines are not available in this area; therefore, the property owner has installed a private water well and septic system. Natural gas, electricity and telephone services are available. Dolchok Avenue is a paved road which is maintained by the City of Kenai. The operation of a guide service and lodge will not impact these facilities. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Page 68 Resolution No. PZ2021-16 Page 3 of 4 Criteria Met: The property is serviced by a private well and septic system which have been installed by the property owner. Public utilities are available and access to the property is via a City maintained paved road. There is no reason to believe that the operation of the guide service and lodge will be harmful to the public safety, health or welfare of the community. 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. 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 Dean Michael Schlehofer for a Guide Service for property described as Lot 4, Block 4, Basin View Subdivision Part 3, and located at 345 Dolchok Lane. 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. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 3. Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 4. The applicant will meet with City staff for on-site inspections when requested. 5. 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). 6. 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. 7. Before a floating dock can be installed, the property owner must receive the proper permits from the Kenai River Center. 8. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 12th day of May, 2021. Page 69 Resolution No. PZ2021-16 Page 4 of 4 JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, MMC, CITY CLERK Page 70 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-17 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR LODGING. APPLICANT: Dean Michael Schlehofer PROPERTY ADDRESS: 345 Dolchok Lane LEGAL DESCRIPTION: Lot 4, Block 4, Basin View Subdivision Part 3 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04926211 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on April 15, 2021; 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 May 6, 2021, 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; Criteria Met: The proposed guide service and lodging meets the intent of the Rural Residential Zone (RR) to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. Page 71 Resolution No. PZ2021-17 Page 2 of 4 The guide services and lodging are proposed to take place in an existing single family home, there are no proposed physical changes that would violate the residential character of the neighborhood. The maximum capacity of four bedrooms for lodging is not anticipated to generate heavy traffic in the neighborhood, and likely results in roughly the same number of vehicle trips as other single family homes in the neighborhood. The KMC 14.22 Land Use Table provides that Guide Services and Lodging are a conditional use; therefore, a conditional use permit must be granted for the operation of these services. The applicant has provided illustrations of the layout of the property and floor plans/elevations of the single family home. 2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met: This parcel is approximately 1.94 acres in size and contains a large paved driveway in the front of the residence to accommodate parking of guest vehicles. The aerial photo provided by the applicant indicates that the distances between the structures and the tree line provides a natural buffer between the properties. The parcels located to the North, South, East and West are zoned rural residential and have similar single family residential uses as the subject property. The value of adjacent properties should not be significantly impacted by the addition of guide services and lodging uses, the physical characteristics of the property remain unchanged. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Criteria Met: The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai. The tourism industry is an important component for economic developm ent within the City of Kenai. The guide services, bed and breakfast, cabin rentals, and lodging businesses support the tourism industry. Low-density residential land uses typically include single-family low-density, large lots with individual on-site water supply and wastewater disposal systems. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application:  ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met: City water and sewer lines are not available in this area; therefore, the property owner has installed a private water well and septic system. Natural gas, electricity and telephone services are available. Dolchok Avenue is a paved road which is maintained by the City of Kenai. The operation of a guide service and lodge will not impact these facilities. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Page 72 Resolution No. PZ2021-17 Page 3 of 4 Criteria Met: The property is serviced by a private well and septic system which have been installed by the property owner. Public utilities are available and access to the property is via a City maintained paved road. There is no reason to believe that the operation of the guide service and lodge will be harmful to the public safety, health or welfare of the community. 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. 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 Dean Michael Schlehofer for Lodging for property described as Lot 4, Block 4, Basin View Subdivision Part 3, and located at 345 Dolchok Lane. 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. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 3. Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 4. The applicant will meet with City staff for on-site inspections when requested. 5. 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). 6. 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. 7. Before a floating dock can be installed, the property owner must receive the proper permits from the Kenai River Center. 8. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 12th day of May, 2021. Page 73 Resolution No. PZ2021-17 Page 4 of 4 JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, MMC, CITY CLERK Page 74 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: May 6, 2021 SUBJECT: PZ2021-16 – Conditional Use Permit – Guide Service PZ2021-17 – Conditional Use Permit - Lodging Applicant: Dean Michael Schlehofer P.O. Box 201565 Anchorage, Alaska 99520-1565 Legal Description: Lot 4, Block 4, Basin View Subdivision Part 3 Property Address: 345 Dolchok Lane KPB Parcel No: 04926211 Lot Size: 1.94 Acres (approximately 84,506 square feet) Existing Zoning: Rural Residential Current Land Use: Single Family Dwelling Land Use Plan: Low Density Residential GENERAL INFORMATION The applicant recently purchased this property, and would like to conduct a guide service and lodge from the premises. Kenai Municipal Code 14.22 Land Use Table provides that a guide service and lodge are a conditional use; therefore, the applicant has submitted an application for a Conditional Use Permit. The applicant states that the purpose for this conditional use request is to help him serve King of the River's clients, who have booked with him to sleep over and leave in the morning to join a professional guide for fishing on King of the River's riverboats on the Kenai or Kasilof Rivers. This is a 100% fishing service that includes accommodations. He does not offer any accommodations without first booking a fishing trip. Page 75 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: Criteria # 1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Applicant Response: The operation of the fishing season is between May and September/early October. Our fishing service provides clients with accommodations on the property, where they will stay overnight between 6 p.m. (check in) and check out early in the morning (5 a.m.- 8:00 a.m.) before their fishing trips with King of the River. The average number clients sleep over is four or five people per night for the entire summer. Our lodging includes four rooms, and our maximum capacity is eight clients. May and September are usually slow, June and August are typically busy, and the month of July is extremely popular. We operate no other activities except fishing and accommodations on the property at 345 Dolchok Lane. During the day, it will be frequently vacated/empty, especially between May and September, while clients are on the riverboats with the guides. The lodging will only be occupied with clients in the evening until early morning. There is no service in the winter from mid-October to April. Beaver Creek is closed to fishing all year round, under ADFG's regulations. King of the River clients are not allowed to fish on the waterfront of 345 Dolchok Lane. King of the River does not offer any cooked meals to clients, except a continental breakfast (yogurt, hard-boiled egg, bagels, danish, snack bar, etc.) in each room with mini refrigerators. The lower level of the house has a full kitchen. The clients can bring their own meals to cook in using the full kitchen on the lower level. Cooking is prohibited elsewhere in the rooms. All rooms are included in the floor plan maps to show the safest ways to exit the house. Staff Response: The proposed guide service and lodging meets the intent of the Rural Residential Zone (RR) to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: Page 76 Page 3 of 6 (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. The guide services and lodging are proposed to take place in an existing single family home, there are no proposed physical changes that would violate the residential character of the neighborhood. The maximum capacity of four bedrooms for lodging is not anticipated to generate heavy traffic in the neighborhood, and likely results in roughly the same number of vehicle trips as other single family homes in the neighborhood. The KMC 14.22 Land Use Table provides that Guide Services and Lodging are a conditional use; therefore, a conditional use permit must be granted for the operation of these services. The applicant has provided illustrations of the layout of the property and floor plans/elevations of the single family home. Criteria #2: The value of the adjoining property and neighborhood will not be significantly impaired. Applicant Response: The property is nearly two acres, which is wide open. The north-side neighbor has wooden fences, with nearly no visibility between the neighbor's property and our property. The south-side neighbor has almost no visibility of our property because of the forest pines. The south-side neighbor's home is closer to the Beaver Creek. It is farther from the 345 Dolchok Lane home than the north-side neighbor, and there is minimal visibility between us. The parking lot at 345 Dolchok Lane can fit many vehicles; however, most likely between four and eight of our clients will use one to three vehicle parking spaces daily. Staff Response: This parcel is approximately 1.94 acres in size and contains a large paved driveway in the front of the residence to accommodate parking of guest vehicles. The aerial photo provided by the applicant indicates that the distances between the structures and the tree line provides a natural buffer between the properties. The parcels located to the North, South, East and West are zoned rural residential and have similar single family residential uses as the subject property. The value of adjacent properties should not be significantly impacted by the addition of guide services and lodging uses, the physical characteristics of the property remain unchanged. Criteria #3: The proposed use is in harmony with the Comprehensive Plan. Applicant Response: Each room will include a laminated letter on the wall with the property instructions and restrictions (rules of the lodging) to ensure the safety and harmony of all guests. Sample Letter: Page 77 Page 4 of 6 Welcome to King of the River Accommodations And welcome to Alaska! We ask that our guests respect the following house rules: 1. Quiet hours begin at 10 p.m. 2. We are a tobacco-free facility. 3. No cleaning/filleting/vacuuming any fish (outside/inside or in the kitchen). Note King of the River provides fish processing. 4. Please remove your shoes before entering the rooms. 5. If staying for one night only, please remove your belongings in the morning before fishing. If staying for multiple nights, your belongings may be left until the last morning of your stay. 6. Meet at your fishing site (Kenai River, Kasilof, or Ninilchik) at (time of meeting) It takes approximately four minutes to drive from the King of the River's lodge to Eagle Rock State Site Parking Lot/Dock, 30 minutes to Kasilof Recreational State Park, and 50 minutes to Deep Creek State Recreation Area. For King of the River fishing, there are two things you need to remember: 1) In the morning, please park your vehicle in one of the following parking lots: Eagle Rock Launch, Kasilof Recreational State Park/Launch, or Deep Creek State Park. 2) Please DO NOT ENTER or roam around the properties of our north- and south- side neighbors because they are private property. Please respect our neighbors. Staff Response: The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai. The tourism industry is an important component for economic development within the City of Kenai. The guide services, bed and breakfast, cabin rentals, and lodging businesses support the tourism industry. Low-density residential land uses typically include single-family low-density, large lots with individual on-site water supply and wastewater disposal systems. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application:  ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. Criteria #4: Public services and facilities are adequate to serve the proposed use. Applicant Response: We have limited public services and facilities on our property because it will only be used for overnight accommodations when King of the River clients have booked and scheduled fishing trips with us. This is not a public offer and is only available to clients who have booked with King of the River through phone, email, or other correspondence before they appear at the property. Clients can search for information Page 78 Page 5 of 6 about us through our website, social media, and other advertisements. When the clients schedule/book with us, a booking agent will attach a file reservation form along with a confirmation letter via email, including directions, information, what to bring, policies, time to meet, and so on. We do not accept any clients who show up at the property without a confirmation letter or a reservation with King of the River. Staff Response: City water and sewer lines are not available in this area; therefore, the property owner has installed a private water well and septic system. Natural gas, electricity and telephone services are available. Dolchok Avenue is a paved road which is maintained by the City of Kenai. The operation of a guide service and lodge will not impact these facilities. Criteria #5: The proposed use will not be harmful to the public safety, health or welfare. Applicant Response: There are no foreseeable harms to public safety, health, or welfare on the property of 345 Dolchok Lane because a helper, my family, and I are in the house most of the time while the clients are with us. Staff Response: The property is serviced by a private well and septic system which have been installed by the property owner. Public utilities are available and access to the property is via a City maintained paved road. There is no reason to believe that the operation of the guide service and lodge will be harmful to the public safety, health or welfare of the community. Criteria # 6: Specific conditions deemed necessary. Applicant Response: Not at this time; however, I plan to research building a floating dock on Beaver Creek this summer for installation in 2022 or 2023. It is difficult to observe or comprehend whether the waterfront creek would adapt well to a floating dock or access to the Kenai River because of the low tide water level. I purchased the property on March 12, 2021. Because the creek was frozen solid at that time, it was difficult to observe or access it in the early spring because of the snow (thickness) conditions. The previous owners had never tried to use their boats on Beaver Creek. Additionally, it is 1.6 miles away from the property to the confluence of the Kenai River. The creek might be Inaccessible due to possible low water conditions such as gravel bars. I will have a full answer for the next season. I have no intention of pursuing any other measures that would affect access, screening, site development, building design, or business operation on my property. Staff Response: See Conditions of Approval as set forth below. 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: Page 79 Page 6 of 6 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 3. Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 4. The applicant will meet with City staff for on-site inspections when requested. 5. 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). 6. 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. 7. Before a floating dock can be installed, the property owner must receive the proper permits from the Kenai River Center. 8. 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. PZ2021-16 B. Resolution No. PZ2021-17 C. Application D. Site Plan Aerials E. Floor Plans/Elevation Drawings F. Aerial Map G. Email Responses Page 80 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-16 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR GUIDE SERVICE. APPLICANT: Dean Michael Schlehofer PROPERTY ADDRESS: 345 Dolchok Lane LEGAL DESCRIPTION: Lot 4, Block 4, Basin View Subdivision Part 3 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04926211 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on April 15, 2021; 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 May 6, 2021, 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; Criteria Met: The proposed guide service and lodging meets the intent of the Rural Residential Zone (RR) to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. Page 81 Resolution No. PZ2021-16 Page 2 of 4 The guide services and lodging are proposed to take place in an existing single family home, there are no proposed physical changes that would violate the residential character of the neighborhood. The maximum capacity of four bedrooms for lodging is not anticipated to generate heavy traffic in the neighborhood, and likely results in roughly the same number of vehicle trips as other single family homes in the neighborhood. The KMC 14.22 Land Use Table provides that Guide Services and Lodging are a conditional use; therefore, a conditional use permit must be granted for the operation of these services. The applicant has provided illustrations of the layout of the property and floor plans/elevations of the single family home. 2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met: This parcel is approximately 1.94 acres in size and contains a large paved driveway in the front of the residence to accommodate parking of guest vehicles. The aerial photo provided by the applicant indicates that the distances between the structures and the tree line provides a natural buffer between the properties. The parcels located to the North, South, East and West are zoned rural residential and have similar single family residential uses as the subject property. The value of adjacent properties should not be significantly impacted by the addition of guide services and lodging uses, the physical characteristics of the property remain unchanged. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Criteria Met: The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai. The tourism industry is an important component for economic developm ent within the City of Kenai. The guide services, bed and breakfast, cabin rentals, and lodging businesses support the tourism industry. Low-density residential land uses typically include single-family low-density, large lots with individual on-site water supply and wastewater disposal systems. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application:  ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met: City water and sewer lines are not available in this area; therefore, the property owner has installed a private water well and septic system. Natural gas, electricity and telephone services are available. Dolchok Avenue is a paved road which is maintained by the City of Kenai. The operation of a guide service and lodge will not impact these facilities. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Page 82 Resolution No. PZ2021-16 Page 3 of 4 Criteria Met: The property is serviced by a private well and septic system which have been installed by the property owner. Public utilities are available and access to the property is via a City maintained paved road. There is no reason to believe that the operation of the guide service and lodge will be harmful to the public safety, health or welfare of the community. 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. 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 Dean Michael Schlehofer for a Guide Service for property described as Lot 4, Block 4, Basin View Subdivision Part 3, and located at 345 Dolchok Lane. 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. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 3. Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 4. The applicant will meet with City staff for on-site inspections when requested. 5. 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). 6. 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. 7. Before a floating dock can be installed, the property owner must receive the proper permits from the Kenai River Center. 8. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 12th day of May, 2021. Page 83 Resolution No. PZ2021-16 Page 4 of 4 JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, MMC, CITY CLERK Page 84 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-17 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR LODGING. APPLICANT: Dean Michael Schlehofer PROPERTY ADDRESS: 345 Dolchok Lane LEGAL DESCRIPTION: Lot 4, Block 4, Basin View Subdivision Part 3 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04926211 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on April 15, 2021; 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 May 6, 2021, 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; Criteria Met: The proposed guide service and lodging meets the intent of the Rural Residential Zone (RR) to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. Page 85 Resolution No. PZ2021-17 Page 2 of 4 The guide services and lodging are proposed to take place in an existing single family home, there are no proposed physical changes that would violate the residential character of the neighborhood. The maximum capacity of four bedrooms for lodging is not anticipated to generate heavy traffic in the neighborhood, and likely results in roughly the same number of vehicle trips as other single family homes in the neighborhood. The KMC 14.22 Land Use Table provides that Guide Services and Lodging are a conditional use; therefore, a conditional use permit must be granted for the operation of these services. The applicant has provided illustrations of the layout of the property and floor plans/elevations of the single family home. 2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met: This parcel is approximately 1.94 acres in size and contains a large paved driveway in the front of the residence to accommodate parking of guest vehicles. The aerial photo provided by the applicant indicates that the distances between the structures and the tree line provides a natural buffer between the properties. The parcels located to the North, South, East and West are zoned rural residential and have similar single family residential uses as the subject property. The value of adjacent properties should not be significantly impacted by the addition of guide services and lodging uses, the physical characteristics of the property remain unchanged. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Criteria Met: The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai. The tourism industry is an important component for economic developm ent within the City of Kenai. The guide services, bed and breakfast, cabin rentals, and lodging businesses support the tourism industry. Low-density residential land uses typically include single-family low-density, large lots with individual on-site water supply and wastewater disposal systems. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application:  ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met: City water and sewer lines are not available in this area; therefore, the property owner has installed a private water well and septic system. Natural gas, electricity and telephone services are available. Dolchok Avenue is a paved road which is maintained by the City of Kenai. The operation of a guide service and lodge will not impact these facilities. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Page 86 Resolution No. PZ2021-17 Page 3 of 4 Criteria Met: The property is serviced by a private well and septic system which have been installed by the property owner. Public utilities are available and access to the property is via a City maintained paved road. There is no reason to believe that the operation of the guide service and lodge will be harmful to the public safety, health or welfare of the community. 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. 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 Dean Michael Schlehofer for Lodging for property described as Lot 4, Block 4, Basin View Subdivision Part 3, and located at 345 Dolchok Lane. 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. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 3. Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 4. The applicant will meet with City staff for on-site inspections when requested. 5. 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). 6. 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. 7. Before a floating dock can be installed, the property owner must receive the proper permits from the Kenai River Center. 8. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 12th day of May, 2021. Page 87 Resolution No. PZ2021-17 Page 4 of 4 JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, MMC, CITY CLERK Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 PLANNING & ZONING COMMISSION Resolution PZ2021-16 –Conditional Use Permit –Guide Service Resolution PZ2021-17 –Conditional Use Permit –Lodging 345 Dolchok Lane 1 Page 107 SUMMARY 2 Applicant:Dean Michael Schlehofer P.O. Box 201565 Anchorage, Alaska 99520-1565 Legal Description: Lot 4, Block 4, Basin View Subdivision Part 3 Property Address: 345 Dolchok Lane KPB Parcel No: 04926211 Lot Size:1.94 Acres (approximately 84,506 square feet) Existing Zoning: Rural Residential Current Land Use: Single Family Dwelling Land Use Plan: Low Density Residential Page 108 SUMMARY 3 The applicant recently purchased this property, and would like to conduct a guide service and lodge from the premises. Kenai Municipal Code 14.22 Land Use Table provides that a guide service and lodge are a conditional use, requiring a conditional use permit. The applicant states that the purpose for this conditional use request is to help him serve King of the River's clients, who have booked with him to sleep over and leave in the morning to join a professional guide for fishing on King of the River's riverboats on the Kenai or Kasilof Rivers. This is a 100% fishing service that includes accommodations and the applicant does not offer any accommodations without first booking a fishing trip. Page 109 SITE PLAN Site plan identifies the layout of the existing subject property. 4 Page 110 STAFF 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: 5 Page 111 REVIEW CRITERIA Criteria #1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Criteria #2: The value of the adjoining property and neighborhood will not be significantly impaired. Criteria #3: The proposed use is in harmony with the Comprehensive Plan. Criteria #4: Public services and facilities are adequate to serve the proposed use. Criteria #5: The proposed use will not be harmful to the public safety, health or welfare. Criteria #6: Specific conditions deemed necessary. 6 Page 112 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.A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 3.Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 4.The applicant will meet with City staff for on-site inspections when requested. 7 Page 113 RECOMMENDATIONS CONTINUED 5.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). 6.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. 7.Before a floating dock can be installed, the property owner must receive the proper permits from the Kenai River Center. 8.Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. 8 Page 114 ATTACHMENTS A. Resolution PZ2021-16 B. Resolution PZ2021-17 C. Application D. Draft Site Plan E. Floor Plans/Elevation Drawings F. Aerial Map G. Email Responses 9 Page 115 A. RESOLUTION PZ2021-16 10 Page 116 A. RESOLUTION PZ2021-16 CONTINUED 11 Page 117 B. RESOLUTION PZ2021-17 12 Page 118 B. RESOLUTION PZ2021-17 CONTINUED 13 Page 119 C. APPLICATION 14 Page 120 C. APPLICATION CONTINUED 15 Page 121 C. APPLICATION CONTINUED 16 Page 122 D. SITE PLAN AERIALS 17 Page 123 E. FLOOR PLANS/ELEVATION DRAWINGS 18 Page 124 E. FLOOR PLANS/ELEVATION DRAWINGS 19 Page 125 F. AERIAL MAP 20 Page 126 G. EMAIL RESPONSES 21 Page 127 G. EMAIL RESPONSES 22 Page 128 File Attachments for Item: 1. Action/Approval – Application for Lease of City-owned Lane within the Airport Reserve described as Tract A-2, General Aviation Apron Subdivision No. 7. The application was submitted by SOAR International Ministriies, P.O. Box 1714, Kenai, AK 99611 Page 129 MEMORANDUM TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: May 6, 2021 SUBJECT: EXECUTION OF A LEASE TO SOAR INTERNATIONAL MINISTRIES The Kenai City Council approved, via Resolution 2019-57, a 45-year lease application from SOAR International Ministries for Tract A-2, General Aviation Apron Subdivision No. 7 to be used as a hangar with office space on August 21, 2019. A 6 month application extension was granted by Kenai City Council on August 19, 2020 with an expiration date of February 21, 2021. A lease was delivered to SOAR International Ministries on February 19, 2021 and a lease extension was approved by the City Manager to SOAR until June 19, 2021. On May 3, 2021, SOAR International Ministries requested an amendment to the approved lease execution. Please review the attached draft memo, draft resolution, and application materials. Does the Commission recommend Council approve the execution of a lease to SOAR International Ministries with amendments? Page 130 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: May 6, 2021 SUBJECT: Resolution No. 2021-XX – APPROVING THE EXECUTION OF A LEASE TO SOAR INTERNATIONAL MINISTRIES The Kenai City Council approved, via Resolution 2019-57, of a 45-year lease application from Soar International Ministries for Tract A-2, General Aviation Apron Subdivision No. 7 to be used as a hangar with office space on August 21, 2019. A 6-month application extension was granted by Kenai City Council on August 19, 2020 with an expiration date of February 21, 2021. A lease was delivered to Soar International Ministries on February 19, 2021 and a lease extension was approved by the City Manager to Soar until June 19, 2021. Soar International Ministries has requested an amendment to the approved lease execution resolution on May 3, 2021. Soar has requested that the 100 foot by 110 foot connecting office facility, with an aggregate cost of $1,500,000, be completed no later than June 30, 2025, two years later than the other required improvements. All of the other required improvements from Resolution 2019-57, the approximately 120 foot by 180 foot hangar, aircraft ramp and tie-down area, and parking, with an aggregate cost of at least $2,000,000, would be completed by June 30, 2023. Soar has noted that extending the connecting office facility portion of the improvements completion date to 2025 will assist with their concurrent improvements to the former Kenai Fabric property. Thank you for your consideration. Attachment: Resolution 2019-57 and the City of Kenai Lease Development Incentive Application received July 1, 2019 from Soar International Ministries. Page 131 CITY OF KENAI RESOLUTION NO. 2019 - 57 Sponsored by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROVING THE EXECUTION OF A LEASE OF AIRPORT RESERVE LANDS USING THE STANDARD LEASE FORM BETWEEN THE CITY OF KENAI AND SOAR INTERNATIONAL MINISTRIES, INCORPORATED, FOR THE UNDEVELOPED PORTION OF TRACT A, GENERAL AVIATION APRON NUMBER TWO. WHEREAS, on July 1, 2019, SOAR International Ministries, Inc., (SOAR) submitted an application to lease City owned properties within the Airport Reserve, described as the undeveloped portion of Tract A, General Aviation Apron Number 2; and, WHEREAS, SOAR's lease application states plans to construct a hangar facility for aircraft storage and maintenance; a connecting office facility, an aircraft ramp and tie -down area, and parking, an investment that gives a lease term of 45 years according to the term table in Kenai Municipal Code 21.10.080; and, WHEREAS, the proposed development would be mutually beneficial and would conform with the Kenai Municipal Code for zoning, Kenai's Comprehensive Plan, the Airport Land Use Plan, Airport Layout Plan, Federal Aviation Administration regulations, Airport Master Plan, Airport Improvement Program grant assurances, and Airport operations; and, WHEREAS, the City of Kenai did not receive a competing lease application within thirty (30) days of publishing a public notice of the lease application from SOAR; and, WHEREAS, at their regular meeting on August 14, 2018, the Planning and Zoning Commission reviewed the lease application and recommended approval by the City Council; and, WHEREAS, at their regular meeting on August 8, 2018, the Airport Commission reviewed the lease application and recommended approval by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA Section 1: That a Lease of Airport Reserve Lands is approved and the City Manager is authorized to execute a lease between the City of Kenai, Lessor, and SOAR International Ministries, Incorporated, Lessee, as follows: Lot improvements as outlined in lease application from SOAR International Ministries, Incorporated, including an approximately 120 foot x 180 foot hangar facility for aircraft storage and maintenance, an approximately 100 foot x 110 foot connecting office facility, an aircraft ramp and tie -down area, and parking to be completed within two (2) years of signing the lease; Page 132 Resolution No. 2019-57 Page 2 of 2 The evidence must be submitted to the City within 60 days of the completion of the development and improvements; The lease term will be 45 years; Lot developments will prevent unauthorized access to the airfield; Structures will be built behind the 100 foot building restriction line; The relocation of the airport perimeter fence will allow aircraft full access to the proposed aircraft ramp and tie down area; Paving will be completed up to the existing transient aircraft apron pavement; SOAR is responsible for all snow removal, and snow may not touch the perimeter security fence or be piled to a height that would allow access to the airport; and SOAR will subdivide the property to designate the portion of Tract A, General Aviation Apron Number Two (2) that it wishes to lease from the City of Kenai as set forth on Exhibit A attached hereto, and the subdivision will include a 40 -foot easement for utilities with the cost of the subdivision being shared equally by the City and SOAR. Section 2: That this resolution takes effect immediately upon passage. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of August, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ENA/ Jamie ei , CMC, City Clerk O 1 0%.N.-.0 0NDEO Page 133 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 thecltyof www.kenai.city KENAI`ALALASKA MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: August 14, 2019 SUBJECT: Resolution 2019-57 SOAR International Ministries, Incorporated (SOAR) submitted a lease application to develop a hangar, office, and parking on the undeveloped portion of Tract A, General Aviation Apron No. 2 within the Airport Reserve on July 1, 2019. SOAR had previously submitted an application for the same parcel for the same use in 2018 that was approved by City Council, but it expired after one year after no lease was executed and an extension was not granted pursuant to Kenai Municipal Code 21.10.050 No right of occupancy - Application expiration in May 2019. The parcel is 5.25 acres fronting the aviation apron. It has street frontage on North Willow and Granite Point streets. The area adjacent to the taxiway has been developed for airplane parking and the back half of the lot with the street frontages remains treed and undeveloped. SOAR proposes to build on the portion of the lot that is currently treed, and would need to subdivide the lot prior to construction. SOAR is proposing the City share evenly in the cost of the subdivision required before the parcel may be leased. Kenai Municipal Code 21.10.040(c) states subdivision costs may be shared in whatever amount the City Council determines is reasonable given benefit to the Airport if City Council determines the subdivision serves other Airport purposes. City staff recommends an even split as both SOAR benefits and the City benefits from the creation of a more desirable parcel for lease. SOAR is current on rent payments for existing leases within the Airport Reserve from the City of Kenai. SOAR proposes to lease a portion of Tract A, General Aviation Apron No. 2 for an aeronautical use. SOAR proposes to construct an approximately 120 foot x 180 foot hangar for aircraft storage and maintenance. There would also be a connecting office facility of approximately 100 -foot x 110 -foot, an aircraft ramp and tie -down area, and parking. Possible activities noted on SOAR's lease application include flight training, aircraft parts sales, aviation safety meetings, community meetings, and storage of aircraft floats. SOAR requested a lease term of 55 years to start on September 1, 2019, however, the maximum term of a lease allowed under KMC 21.10.080 is 45 Page 134 Page 2 of 2 Resolution 2019-57 - Airport Reserve Lease Application years. In addition, with timing of Commission and Council meetings and the 30 -day waiting period to allow for a competitive lease process to accept other lease applications, the lease may not reasonably start until mid-September 2019. SOAR would need to ensure the fence encompassing its development met Airport safety and security standards. Pursuant to Kenai Municipal Code 21.10.060 Lease application review, notice of the new lease application was posted in the Peninsula Clarion and stated competing applications may be submitted for the parcel within 30 -days to the City. The 30 -day window from publication ended on August 3, 2019, and no competing applications were submitted to the City. The parcel is within the Airport Light Industrial (ALI) Zone. Pursuant to KMC 14.20.065, the purpose of the ALI Zone is to protect the viability of the Kenai Municipal Airport as a significant resource to the community by encouraging compatible land uses and reducing hazards that may endanger the lives and property of the public and aviation users. The proposed aeronautical use by SOAR is a permitted and compatible use in the ALI Zone. The Imagine Kenai 2030 Comprehensive Plan outlines goals, objectives, and action items for the City, including this one pertaining to the Kenai Municipal Airport: Objective T-1: Support future development near or adjacent to the airport when such development is in alignment with the Kenai Municipal Airport's primary mission, "To be the commercial air transportation gateway to the Kenai Peninsula Borough and Cook Inlet." The proposed use by SOAR complies with the Imagine Kenai 2030 Comprehensive Plan in that it supports development on lease lots and the development is in alignment with the Kenai Municipal Airport's marketing strategy. The Airport Land Use Plan was developed to identify the highest and best uses of Kenai Municipal Airport land. The Airport Land Use Plan discusses leasing land and enhancing opportunities for local economic development. The proposed use by SOAR complies with the Airport Land Use Plan. It would enhance local economic development. The Airport Commission and Airport Manager recommended approval of the lease application during their meeting on August 8, 2019, as they found it complied with the Airport Land Use Plan, Airport Layout Plan, Federal Aviation Administration regulations, Airport Master Plan, Airport Improvement Program grant assurances, and Airport operations. The Planning and Zoning Commission recommended approval during their meeting on August 14, 2019. Thank you for your consideration Page 135 J Municipal Airport Memo Sen)Lvu th&greatPr K.e+'ta;,Pently ala%' 305 N. VVILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907.2837951 FAX 907-2833737 i To: Elizabeth Appleby — City Planner' Wilma Anderson — Assistant to ty Plan e From: Mary Bondurant - Airport Manag Y Date: August 9, 2019 Subject: SOAR Lease Application — Tract A General Aviation Apron No. 2 Airport Commission reviewed the lease application from SOAR International Ministries at the August 8, 2019 Commission meeting. Airport Commission unanimously recommends Council approve the subject lease. If you have any questions, please contact me. Cc: Wilma Anderson www.kenaiairport.com Page 136 City of Kenai Kenai Municipal Airport Application for: Land Lease Application 0New Lease ry Axa, ALASKA Amendment Extension/Renewal NIZ Application Date: July-1—,2019 Applicant Name of Applicant: Richard Page Mailing Address: 34225 Page street City: Y Soldotna Alaska 9966State: Zip Code: Phone Number(s): Home Phone: ( 907) 252-1841 Cell Work/ Message Phone: ( 9J7) 283-1961 s E-mail: (Optional) RichardPage@soarinternational.org Name to Appear on Lease: SOAR International Ministries Mailing Address: P.O. Box 1714 City: Kenai State: Alaska Zip Code: 99611 Phone Number(s): Home Phone: ( 9o7) 252-1841 Cell Work/ Message Phone: ( 9o7) 283-1961 E-mail: (Optional) Type of Applicant: Individual (at least 18 years of age) []Partnership Corporation Limited Liability Company (LLC) []Government Other PropertyDescriptionof Legal Description of Property: Undeveloped portion of General Aviation Subdivision 2 Tract A Does the Property Require Subdivision? (if Yes, answer next two questions) RI YES NO Are you prepared to be responsible for all costs associated with subdivision? YES J NO Do you believe the proposed subdivision would serve other Airport purposes? Z YES NO Do you have or have you ever had a lease with the City of Kenai? NORIYES If Yes, please provide description of property leased (e.g. legal or physical description): Is this application for renewal or term extension of an existing lease? YES RINO If Yes, please provide a description of the property (eased: Lease Term Requested: aa`Years ";, Starting Date: September 1, 2019 Proposed Use and Activities Proposed Use (check one): [!d Aeronautical Non-Aeronautical Do you plan to construct new or additional improvements? V YES NO Page 137 Will the proposed improvement char or alter the use under an existing lea: YES [V—JNO If yes, what is the new proposed use? What is the type (e.g. building, land) and nature (e.g. maintenance, new construction) of the proposed improvement? New office and hangar facility for SOAR International Ministries and additional hangar facility to accommodate transient corporate aircraft. Potential FRO and flight training facility. What is the estimated amount of investment in the construction of new permanent improvements on the premises? The complete project is estimated to cost 3.5 million dollars. List of proposed use and business activities: Base of operations for SOAR International Ministries. Aircraft storage and maintenance, hangaring transient aircraft, potential FBO, potential flight training facility, potential aircraft parts sales, installation, removal, and inside storage of aircraft floats, facility to host community events such as aviation safety meetings, community fundraising events, etc. Lease Extension or Renewal* Method to determine value of improvements/term for a lease renewal or expiring lease: Professional estimate of the remaining useful life of the principle improvement on the property Ft—/]Market value appraisal of the principle improvement on the property Purchase price of improvements Submitting an application for a lease does not give the applicant a right to lease or use the land requested in the application. The application shall expire twelve (12) months after the date the application has been made if the City and the applicant have not, by that time, entered into a lease, unless the City Council for good cause grants an extension for a period not to exceed six (6) months. The City has no obligation to amend, renew or extend a lease and may decline to do so upon making specific findings as to why a lease renewal, extension, or amendment is not in the best interest of the City Signature: Date: t7l o of Print Name: Title: RECEIVED CITY OF KENAI DATE 7'I-1ci PLANNING DEPART Page 138 Elizabeth Appleby From: Elizabeth Appleby Sent: Monday, July 22, 2019 3:40 PM To: Richard Page' Cc: Wilma Anderson Subject: Lease Application (new lease) Good afternoon, Thanks for dropping off the new assignment request today. I was reviewing your application for the new lease and noticed you had requested a term of 55 years. The maximum term allowed in City Code is 45 years. I will amend your application term request to 45 years. Please let me know if you have questions. I think this was just a copy carry-over from when you had applied to lease this lot in 2018 as the same change was made then to the requested term. Elizabeth Elizabeth Appleby, AICP City Planner City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 907) 283-8235/phone eappl eby(a)kenai. city Page 139 cO CM c V ON04QZ O O; o oa 0M o c m 0N adIL eya w J 4et q Q-1 F - w - r m Page 140 i 1I' i I i Page 141 W u W a 4 W i u` Irl o = 20. 2 , Z,, JJ O } FFWUy < ~ ,Q,I Z Q OEE6U4UNmZi6aYmN OF 3 0NOae, om N 0N g 141 00.0£2I 9NI8v39tl0J 51576 3,91-e19's b£ £92 1 1 1S 1N/Od 31/Ndb9 09 I 6-7 RAS y1 C I I 1 ill: f_ffJ L' i: _L fi1Va 8 lJ C V; O 3 0NOae, om N 0N g 141 00.0£2I 9NI8v39tl0J 51576 3,91-e19's b£ £92 1 1 1S 1N/Od 31/Ndb9 09 I 6-7 RAS y1 C I I 1 ill: f_ffJ L' i: _L fi1Va 8 Page 142 Y m i tl yT', O 5 9 i ucrsc3.nn.tss I KA P. Y a Page 143 I Page 144 I z Page 145 Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2021-XX A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROVING THE EXECUTION OF A LEASE OF AIRPORT RESERVE LANDS USING THE STANDARD LEASE FORM BETWEEN THE CITY OF KENAI AND SOAR INTERNATIONAL MINISTRIES, INCORPORATED, FOR TRACT A-2, GENERAL AVIATION APRON SUBDIVISION NO.7. WHEREAS, on July 1, 2019, SOAR International Ministries, Inc., (SOAR) submitted an application to lease City owned properties within the Airport Reserve , described as the undeveloped portion of Tract A, General Aviation Apron Number 2; and, WHEREAS, SOAR's lease application states plans to construct a hangar facility for aircraft storage and maintenance; a connecting office facility, an aircraft ramp and tie -down area, and parking, an investment that gives a lease term of 45 years according to the term table in Kenai Municipal Code 21.10.080; and, WHEREAS, the proposed development would be mutually beneficial and would conform with the Kenai Municipal Code for zoning, Kenai's Comprehensive Plan, the Airport Land Use Plan, Airport Layout Plan, Federal Aviation Administration regulations, Airport Master Plan, Airport Improvement Program grant assurances, and Airport operations; and, WHEREAS, the City of Kenai did not receive a competing lease application within thirty (30) days of publishing a public notice of the lease application from SOAR; and, WHEREAS, at their regular meeting on August 14, 2018, the Planning and Zoning Commission reviewed the lease application and recommended approval by the City Council; and, WHEREAS, at their regular meeting on August 8, 2018 , the Airport Commission reviewed the lease application and recommended approval by the City Council. WHEREAS, the Kenai City Council approved of a 45-year lease application from Soar International Ministries for Tract A-2, General Aviation Apron Subdivision No. 7 to be used as a hangar with office space; and, WHEREAS, a 6-month application extension was granted by Kenai City Council on August 19, 2020 with an expiration date of February 21, 2021; and, WHEREAS, a lease was delivered to Soar International Ministries on February 19, 2021; and, Page 146 Resolution No. 2021-XX Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] WHEREAS, a lease extension was approved by the City Manager to Soar International Ministries until June 19, 2021; and, WHEREAS, Soar International Ministries requested an amendment to the approved lease execution resolution on May 3, 2021; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1: That a Lease of Airport Reserve Lands is approved and the City Manager is authorized to execute a lease between the City of Kenai, Lessor, and SOAR International Ministries, Incorporated, Lessee, as follows: REQUIRED IMPROVEMENTS: At no cost to the City, Lessee agrees to complete land development and construction of Permanent Improvements including prepare site for construction and construct an approximately 120 foot x 180 foot hangar facility for aircraft storage and maintenance, an aircraft ramp and tie-down area, and parking, by no later than June 30, 2023, with an aggregate cost of at least $2,000,000.00, excluding financing costs. In addition to the as-built drawings required by this Lease, the Lessee must submit to the City written evidence that the Lessee has completed the land development and constructed improvements on the Premises with an aggregate cost or investment of not less than $2,000,000.00. The evidence of cost must be submitted to the City within sixty days of the completion of the development and improvements, but by no later than August 29, 2023. At no cost to the City, Lessee agrees to complete land development and construction of Permanent Improvements including prepare site for construction and construct an approximately 100 foot x 110 foot connecting office facility, by no later than June 30, 2025, with an aggregate cost of at least $1,500,000.00, excluding financing costs. In addition to the as -built drawings required by this Lease, the Lessee must submit to the City written evidence that the Lessee has completed the land development and constructed improvements on the Premises with an aggregate cost or investment of not less than $1,500,000.00. The evidence of cost must be submitted to the City within sixty days of the completion of the development and improvements, but by no later than August 29, 2025. Lot developments will prevent unauthorized access to the airfield; Structures will be built behind the 100 foot building restriction line; The relocation of the airport perimeter fence will allow aircraft full access to the proposed aircraft ramp and tie down area; Paving will be completed up to the existing transient aircraft apron pavement; Page 147 Resolution No. 2021-XX Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] SOAR is responsible for all snow removal, and snow may not touch the perimeter security fence or be piled to a height that would allow access to the airport. Section 2: That this resolution takes effect immediately upon passage. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of June, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Page 148 File Attachments for Item: 1. City Council Page 149 Kenai City Council - Regular Meeting Page 1 of 4 May 05, 2021 Kenai City Council - Regular Meeting May 05, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 4** www.kenai.city Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes) per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Peter Torkelson - Alaska Redistricting Board's Upcoming Map-Drawing Cycle. 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. 3205-2021 - Authorizing a Budget Transfer in the General Fund, Fire and Non-Departmental Departments and Increasing Estimated Revenues and Appropriations in the Public Safety Improvement Capital Project Fund to Provide Supplemental Funding to the Fire Station #2 Station Alerting Project and the Dispatch Base Station Radio Replacement Project. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3206-2021 - Accepting and Appropriating Private Donations to the Kenai Animal Shelter for the Care of Animals. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3207-2021 - Increasing Estimated Revenues and Appropriations in the General Fund – Police Department and Accepting Funds from Both the Department of Justice and Alaska Municipal League Joint Insurance Association for the Purchase of Ballistic Vests. (Administration) Page 150 Kenai City Council - Regular Meeting Page 2 of 4 May 05, 2021 4. ENACTED UNANIMOUSLY. Ordinance No. 3209-2021 - Accepting and Appropriating a Grant from Derek Kaufman Fund through the Alaska Community Foundation for the Purchase of Library Materials. (Administration) 5. POSTPONED TO 5/19/2021. Ordinance No. 3210-2021 - Amending Kenai Municipal Code Sections 23.25.020 - Pay Plan and Adoption, 23.55.020 – Compensation Structure by Grade for Employees in the Classified Service, 23.55.050 – Hourly Rates, Removing the Appended Salary Schedule from the City’s Code of Ordinances to Allow for Adoption of the Salary Schedule through the Ordinance Adopting a Budget for the Following Fiscal Year or by Resolution. (Administration) 6. ADOPTED UNANIMOUSLY. Resolution No. 2021-28 - Adopting the City's Capital Improvement Plan for Fiscal Years 2022-2026. (Administration) 7. ADOPTED UNANIMOUSLY. Resolution No. 2021-29 - Authorizing a Budget Transfer in the Personal Use Fishery Fund for the Purchase of Automatic External Defibrillators with Enclosures for the City’s Dock, North Beach and South Beach. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Special Meeting of April 20, 2021. (City Clerk) 2. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of April 21, 2021. (City Clerk) 3. APPROVED BY THE CONSENT AGENDA. *Special Meeting of April 22, 2021. (City Clerk) 4. APPROVED BY THE CONSENT AGENDA. *Work Session Summary of April 24, 2021. (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 - Non-Objection to the Renewal of Liquor Licenses for Oaken Keg #1808 and Kenai Joe's Taphouse, LLC. (City Clerk) 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 5/19/2021. *Ordinance No. 3211-2021 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2021 and Ending June 30, 2022 and Committing $4,898,000 of General Fund, Fund Balance for Future Capital Improvements. (Administration) 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 5/19/2021. *Ordinance No. 3212-2021 - Increasing Estimated Revenues and Appropriations in the Airport Fund, Airfield and Administration Departments for Expenditures in Excess of Page 151 Kenai City Council - Regular Meeting Page 3 of 4 May 05, 2021 Budgeted Amounts Related to Additional Temporary Hours and Overtime Hours Needed for Winter Snow Removal Activity and Leave Cash-In Amounts in Excess of Budgeted Amounts Caused by Employee Retirement. (Administration) 5. INTRODUCED AND PUBLIC HEARING SET FOR 5/19/2021. *Ordinance No. 3213- 2021 - Increasing Revenues and Appropriations in the General, Airport, Water and Sewer and Senior Citizen Funds for City Employee COVID-19 Resilience Pay and Authorizing Payments to Employees on a Retroactive Monthly Basis. (Council Member Glendening, Council Member Winger) 6. APPROVED UNANIMOUSLY AS AMENDED. Action/Approval - Donation of $500 to Mountain View Elementary School to be Used for Purchasing Bike Helmets for Their Annual Bike Rodeo Event. (Council Member Winger) 7. APPROVED UNANIMOUSLY. Action/Approval - Amending Employment Agreements between the City of Kenai and City Attorney, City Clerk, and City Manager. (Mayor Gabriel) 8. Discussion - Replacement Chairs for Dais and Executive Session Conference Room. (Mayor Gabriel) 9. Discussion - COVID-19 Response. (Administration) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Page 152 Kenai City Council - Regular Meeting Page 4 of 4 May 05, 2021 L. EXECUTIVE SESSION M. PENDING ITEMS N. ADJOURNMENT O. 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/85151446831 Meeting ID: 851 5144 6831 Passcode: 802258 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 851 5144 6831 Passcode: 802258 Page 153 File Attachments for Item: 2. Kenai Peninsula Borough Planning Page 154 144 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 Tentative Agenda May 10, 2021 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 AGENDAS 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 Request *2. Planning Commission Resolutions *3. Plats Granted Administrative Approval *4. Plats Granted Final Approval (20.10.040) *5. Plat Amendment Request *6. Commissioner Excused Absences *7. Minutes a. April 26, 2021 Planning Commission Meeting D. OLD BUSINESS - None Page 155 Planning Commission Tentative Agenda May 10,, 2021 Page 2 E. NEW BUSINESS 1. Building Setback Encroachment Permit Alder Slopes 2011 Addition Tract D-1 KPB File 2021-050; PC Resolution 2021-16 Applicant: Andrew Peter of Homer, AK F. PLAT COMMITTEE REPORT - Plat Committee will review 7 Plats G. OTHER H. 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) I. DIRECTOR'S COMMENTS J. COMMISSIONER COMMENTS K. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, May 24, 2021 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 June 10, 2021 7:00 PM Cooper Landing Zoom June 9, 2021 6:00 PM Funny River Funny River Community Center June 9, 2021 7:00 PM Kalifornsky Zoom June 9, 2021 6:00 PM Kachemak Bay Zoom June 10, 2021 7:00 PM Moose Pass Inactive TBD N/A Hope / Sunrise Zoom June 9, 2021 7:00 PM 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. Page 156 144 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 – City of Seldovia ~ Robert Ruffner – Kasilof/Clam Gulch Pamela Gillham – Ridge Way ~ Cindy Ecklund – City of Seward ~ Franco Venuti, Alternate – City of Homer Plat Committee Tentative Agenda May 10, 2021 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. Plat Committee April 26, 2021 Meeting Minutes D. OLD BUSINESS - None E. NEW BUSINESS 1. Christensen Tracts 2021 Addition KPB File 2021-046; [Geovera, LLC / Hough] Location: East End Road & Hough Road City of Homer Page 157 Plat Committee Tentative Agenda May 10, 2021 Page 2 2. Barker Subdivision #2 KPB File 2021-055; [Johnson Surveying / Naptowne Holdings, LLC] Location: On Scout Lake Loop Rd., Greenwood Court & Sterling Highway Sterling Area 3. Willard Point KPB File 2021-056; [Johnson Surveying / Willard] Location: Near MP 148 Sterling Highway Happy Valley Area Anchor Point APC 4. Forest Acres Harmon Addition KPB File 2021-049; [Lang & Associates Inc. / Harmon] Location: On Hemlock Avenue & Maple Street City of Seward 5. Seldovia Townsite Pollack Addition KPB File 2021-053; [Peninsula Surveying, LLC / Pollack] Location: On Alder Street & Kachemak Street City of Seldovia 6. Alaska State Land Survey No. 2020-10 KPB File 2021-052; [McLane Consulting Group / Alaska State DNR] Location: Kenai Spur Hwy Point Possession Area 7. Van Sky Subdivision No. 7 KPB 2021-012R1; [Segesser Surveys / Dukowitz, Estate of Dennis Van Sky] Location: On Birchwood Dr., Jeffery Ave. & Sequoya Dr. Nikiski Area F. PUBLIC COMMENT G. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING The next regularly scheduled Plat Committee meeting will be held Monday, May 24, 2021 in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 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 158 MAY 12, 2021 PLANNING AND ZONING COMMISSION MEETING ADDITIONAL MATERIAL REVISION REQUESTED REVISOINS TO THE PACKET ACTION ITEM REQUESTED BY Add to Item F2 E-mails objecting to Guide Service and Lodging Residents Add to Item F2 Covenants, Conditions and Restrictions Basin View Subd. Part 3 Resident