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HomeMy WebLinkAbout2021-06-09 Planning & Zoning PacketKenai Planning & Zoning Commission - Regular Meeting Page 1 of 2 June 09, 2021 Kenai Planning & Zoning Commission - Regular Meeting June 09, 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 it em will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *May 26, 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 PZ2021-22 – Preliminary Subdivision Plat of Kenai Landing Subdivision 2021 Addition, submitted by Edge Survey and Design, P. O. Box 208, Kasilof, AK 99610, on behalf of Kenai Landing, Inc., 4786 Homer Spit Rd., Homer, AK 99603 2. Resolution PZ2021-23 – Preliminary Subdivision Plat of Triple C Subdivision, submitted by Ability Surveys, 152 Dehel Ave., Homer, AK 99603, on behalf of Mark Holmes, 4493 Lakewood Blvd., Naples, FL 34112 F. PUBLIC HEARINGS Page 1 Kenai Planning & Zoning Commission - Regular Meeting Page 2 of 2 June 09, 2021 G. UNFINISHED BUSINESS H. NEW BUSINESS 1. Action/Approval - Special Use Permit to State of Alaska, Division of Forestry for Air Tanker Reload Base 2. Action/Approval - Special Use Permit to Weaver Brothers, Inc. for Truck Trailer Storage 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. June 23, 2021 N. COMMISSION COMMENTS AND QUESTIONS O. ADJOURNMENT The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting https://us02web.zoom.us/j/84232531392 Meeting ID: 842 3253 1392 Passcode: 909445 Dial 12532158782 Dial 13462487799 Meeting ID: 842 3253 1392 Passcode: 909445 Page 2 File Attachments for Item: 1. *May 26, 2021 Page 3 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING MAY 26, 2021 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING MINUTES A. CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of the Allegiance. 2. Roll Call Commissioners present: J. Twait, J. Halstead, G. Greenberg, A. Douthit, R. Springer Commissioners absent: D. Fikes, G. Woodard 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 Halstead MOVED to approve the agenda as presented and Commissioner Douthit SECONDED the motion. There were no objections; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Halstead 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. 5. *Excused absences – G. Woodard Page 4 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 7 May 26, 2021 B. APPROVAL OF MINUTES 1. *May 12, 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 PZ2021-11 – Preliminary Subdivision Plat of Valhalla Heights 2021 Replat, submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, AK 99669, on behalf of Jeremiah and Jennifer Cates, 415 Phillips Drive, Kenai, AK 99611 MOTION: Commissioner Halstead MOVED to approve Resolution No. PZ2021-11 and Commissioner Douthit SECONDED the motion . Planning Director Foster presented his staff report with information provided in packet noting that the applicant wishes to remove the lot line between Lot 10A and Lot 12 to create a new Lot 10B Block 11, which will provide a greater wastewater disposal area for the property. 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. VOTE: YEA: Springer, Halstead, Douthit, Greenberg, Twait NAY: MOTION PASSED UNANIMOUSLY. 2. Resolution PZ2021-17 – Preliminary Subdivision Plat of Tide View Subdivision #2, submitted by Johnson Surveying, P.O. Box 27, Clam Gulch, AK 99568, on behalf of Mack and Carol Padgett, 855 Ames Rd., Kenai, AK 99611 and Ken and Elizabeth Smith, 4342 Freeman Creek Rd., Lenore, ID 83541 MOTION: Commissioner Halstead MOVED to approve Resolution No. PZ2021-17 and Commissioner Springer SECONDED the motion. Planning Director Foster presented his staff report with information provided in packet noting that the applicant wishes to move the property line between two lots, and with the adjustment of the lot line, an existing 10’x12’ cabin on Lot 1A will need to be moved in order to meet the 15 foot side Page 5 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 7 May 26, 2021 setback requirement. 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. The 10’x12’ cabin on Lot 1A will be moved in order to meet the 15 foot side setback per KMC 14.24.020. 3. Change Note 6 on the plat from 30 foot front setback to a 20 foot front setback per KMC 14.24.020 Development Requirements Table. MOTION TO AMEND: Commissioner Douthit MOVED to amend Resolution No. PZ2021-17 by changing the Resolution Number to 2021-18 and Commissioner Halstead SECONDED the motion. VOTE ON AMENDMENT : YEA: Halstead, Douthit, Greenberg, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. Clarification was provided that the applicant intends to move the cabin, but submitting an application for a waiver on the encroachment is also an option. VOTE ON MAIN MOTION: YEA: Greenberg, Twait Springer, Halstead, Douthit NAY: MOTION PASSED UNANIMOUSLY. 3. Resolution PZ2021-20 - Preliminary Subdivision Plat of TKC2 Subdivision, submitted by Segesser Surveys, 30485 Rosaland Street, Soldotna, AK 99669, on behalf of TKC LLC, P.O. Box 10658, Bakersfield, CA 93389 MOTION: Commissioner Halstead MOVED to approve Resolution No. PZ2021-20 and Commissioner Greenberg SECONDED the motion. Planning Director Foster presented his staff report with information provided in packet noting that the Byler Contracting, on behalf of the applicant, has submitted a conditional use permit (Resolution PZ 2021-19) to be reviewed by the Commission during tonight’s meeting. The plat will subdivide the 2.5 acre Government Lot 26, into two smaller lots. 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. Page 6 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 7 May 26, 2021 Clarification was provided that each parcel would be connecting sewer and water from Haller Street. VOTE: YEA: Twait, Springer, Halstead, Douthit, Greenberg NAY: MOTION PASSED UNANIMOUSLY. 4. Resolution PZ2021-22 – Preliminary Subdivision Plat of Kenai Landing Subdivision 2021 Addition, submitted by Edge Survey and Design, P. O. Box 208, Kasilof, AK 99610, on behalf of Kenai Landing, Inc., 4786 Homer Spit Rd., Homer, AK 99603 MOTION: Commissioner Halstead MOVED to approve Resolution No. PZ2021-22 and Commissioner Greenberg SECONDED the motion. Planning Director Foster noted that staff recommends postponing Resolution No. PZ2021-22 until the next scheduled Planning & Zoning Commission meeting of June 9, 2021. MOTION TO POSTPONE: Commissioner Halstead MOVED to postpone Resolution No. PZ2021-22 until the Planning & Zoning Commission meeting of June 9, 2021 and Commissioner Douthit SECONDED the motion. VOTE ON POSTPONEMENT: YEA: Springer, Halstead, Douthit, Greenberg, Twait NAY: MOTION PASSED UNANIMOUSLY. F. PUBLIC HEARINGS 1. Resolution PZ2021-19 – Application for a Conditional Use Permit for eight single family dwellings in the Suburban Residential zone, on Government Lot 26, Section 31, Township 6 North, Range 11 West, and located at 1714 Fourth Avenue. The application was submitted by Byler Contracting, P.O. Box 877750, Wasilla, AK 99687, on behalf of the TKC LLC, P.O. Box 10658, Bakersfield, CA 93389 MOTION: Commissioner Halstead MOVED to approve Resolution No. PZ2021-19 and Commissioner Douthit SECONDED the motion. Planning Director Foster presented his staff report with information provided in packet explaining that the applicant wishes to obtain a Conditional Use Permit for the purposes of constructing 8 Page 7 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 5 of 7 May 26, 2021 single-family dwelling units. 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 Footnote 3 of the KMC 14.22.010 Land use table must be reviewed and approved by the Planning Director.\ 4. Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. 5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 6. The applicant will meet with City staff for on-site inspections when requested. 7. If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14.20.150(i)(5). 8. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 9. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. Chair Twait opened for public hearing. Wayne Jones expressed concerns about the development such as the effect on neighboring property values, the organization’s non-local base, the potential loss of wooded spaces in the neighborhood, and increased traffic. Fred Braun spoke in favor of the development, and clarified that the developer is an Alaskan resident. He explained his reasons for supporting the resolution, including the lack of rentals available in the area and the tax dollars it will provide to the City. Star McCloud stated her opposition to the development, expressing concerns about the wildlife that can be found on the property, the addition of new driveways, and negative effects on neighboring property values. She encouraged the Commission to visit the neighborhood to see for themselves. Sharon Shinn stated that she shared her neighbors’ opposition to the development and their concerns about increased traffic, effect on wildlife, and negative effects on neighboring property values. Rob Coreson clarified that Byler Contracting builds all over the state, and noted the quality and cleanliness of the projects they’ve completed locally. He explained the size and layout of the proposed units. Wayne Jones noted that a number of homes in the area are rentals. He questioned the zoning classification of “medium density” for the residential area, and the length of time after planting for vegetation to hide the development. Fred Braun explained that they intend to rent to professional people and this will not be low- income housing. Page 8 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 6 of 7 May 26, 2021 There being no one wishing to be heard, the public hearing was closed. It was noted that no negative reports or complaints have been received regarding the organization’s other similar project. Commissioner Springer explained he will vote yes on this resolution, because once the plat is approved there would be no need to have a Conditional Use Permit for this, and would only need to receive a Building Permit for two four-plexes. Clarification was provided that the applicant is required to plant a screen of trees as part of their landscape plan in order to receive approval. Commissioner Douthit explained he will be voting yes, because he sees no difference in terms of density between this plan and the possibility for another contractor to create eight individual lots and create the same number of residences. He explained that the size of the proposed residences are average and not inadequately sized, and a growing community will naturally result in less green space. He also noted that the driveway plans meet City code. Chair Twait explained he is in favor of the resolution, because it meets the criteria. He noted that he understands the public’s concerns, but that the applicant can’t be penalized because neighbors wants to preserve the property as a green space. He noted that he does not expect neighboring property values to be harmed by this development. Commissioner Greenberg explained that he will vote to approve the resolution, because the property is private ownership and we can’t mandate that it remain green space. He noted that the landscape plan requirement to plant a screen of trees will provide a good buffer to maintain visual integrity. Commissioner Halstead explained that he agrees with the other commissioners and will vote to approve the resolution, because the Conditional Use Permit application meets our requirements and it follows the City code, and he anticipates this being a well-maintained project. VOTE: YEA: Halstead, Douthit, Greenberg, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. Chair Twait noted the fifteen-day appeal period. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS – None. I. PENDING ITEMS – None. J. REPORTS Page 9 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 7 of 7 May 26, 2021 1. City Council – Council Member Glendening reported on the actions from the May 19, 2021 City Council meeting, and upcoming local events. 2. Borough Planning – No report. 3. City Administration – Planning Director Foster reported on the following: • Updated Airport Lease Lands brochure; • Upcoming meeting on June 9, 2021 is anticipated to include two Special Use Permits and two plats. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments 2. Council Comments L. INFORMATIONAL ITEMS M. NEXT MEETING ATTENDANCE NOTIFICATION 1. June 9, 2021 N. COMMISSION COMMENTS & QUESTIONS Commissioner Halstead thanked everyone and noted his appreciation for the Airport Lands brochure. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:18 p.m. Minutes prepared and submitted by: ____________________________ Meghan Thibodeau Deputy City Clerk Page 10 File Attachments for Item: 1. Resolution PZ2021-22 – Preliminary Subdivision Plat of Kenai Landing Subdivision 2021 Addition, submitted by Edge Survey and Design, P. O. Box 208, Kasilof, AK 99610, on behalf of Kenai Landing, Inc., 4786 Homer Spit Rd., Homer, AK 99603 Page 11 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-22 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT KENAI LANDING SUBDIVISION 2021 ADDITION HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Edge Survey and Design; and, WHEREAS, the plat meets Municipal Code requirements of the Heavy Industrial (IH) zone; and, WHEREAS, street names are referenced correctly; and, WHEREAS, access to the preliminary plat is provided via Cannery Road, which is a paved Kenai Peninsula Borough maintained road; and WHEREAS, City water and sewer lines are not located in this area and an installation agreement will not be required; and WHEREAS, the Planning and Zoning Commission finds: 1. The preliminary plat requests exceptions to the requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations and to the Kenai Peninsula Borough Subdivision Code. 2. The Kenai Peninsula Borough has platting authority in the City of Kenai, Staff recommends that the discussion and determination of the requested exceptions be executed through the KPB platting process. Staff members with the City of Kenai would be available for any future discussions on the topic of exceptions. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of KENAI LANDING SUBDIVISION 2021 ADDITION be approved subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Add a Plat Note as following: Any infrastructure improvements (roadways, sewer, water, etc.) are considered private by the City of Kenai. Regarding any roadways or other infrastructure improvements that do not meet minimum standards required by the City of Kenai, if at any future time the City takes ownership and/or maintenance responsibilities of roadways within the subdivision or other infrastructure improvements will have to be Page 12 Resolution No. PZ2021-22 Page 2 of 2 improved to meet City of Kenai Standards in effect at time of acceptance. The cost of any infrastructure improvements to meet City of Kenai standards will be borne by property owners in the subdivision by assessment without further approval required. 3. Property owner will provide the City of Kenai a copy of DEC compliance certification on the water/sewer system. 4. The City of Kenai requests to receive approval from the Kenai Peninsula Borough on exception to requirements of Subdivision Code. 5. Plat Note 22 should update the KPB Plat Committee meeting date as necessary. 6. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet City and Borough regulations. 7. Property owner will receive approval from the Kenai Peninsula Borough on exceptions to requirements in the Kenai Peninsula Borough Subdivision Regulations. 8. Staff members of the City of Kenai would be available for any future discussions on the topic of exceptions. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 9th day of June, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ MMC, CITY CLERK Page 13 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: June 3, 2021 SUBJECT: PZ2021-22 – Preliminary Plat – Kenai Landing Subdivision 2021 Addition Applicant: Kenai Landing, Inc. 4786 Homer Spit Road Homer, AK 99603 PRL Logistics, Inc. PO Box 222029 Anchorage, AK 99522 Submitted By: Edge Survey and Design PO Box 208 Kasilof, AK 99610 Requested Action: Preliminary Subdivision Plat – Kenai Landing Subdivision 2021 Addition Legal Description: T 5N R 11W SEC 8 & 17 SEWARD MERIDIAN KN 2005029 KENAI LANDING COTTAGES SUB Tract A T 5N R 11W SEC 8 SEWARD MERIDIAN KN 2005029 KENAI LANDING COTTAGES SUB LOT 1 T 05N R 11W SEC 17 SEWARD MERIDIAN KN 2015029 KENAI RIVER SHORES SUB TRACT 1 Property Address: 2101 Bowpicker Ln, 2291 Bowpicker Ln, 2301 Bowpicker Ln KPB Parcel No: 04910123, 04910124, 04910125 Lot Size: Approximately 49 Acres (2,134,440 sf), 6.64 acres (289,238 sf), 10.6 acres (461,736 sf) Page 14 Page 2 of 4 Existing Zoning: Heavy Industrial Current Land Use: Commercial Condominium Land Use Plan: Heavy Industrial GENERAL INFORMATION Edge Survey and Design has submitted a preliminary plat on behalf of the property owners, Kenai Landing, Inc. and PRL Logistics, Inc. The plat affects the parcel described as T 5N R 11W SEC 8 & 17 SEWARD MERIDIAN KN 2005029 Kenai Landing Cottages Sub Tract A, T 5N R 11W SEC 8 SEWARD MERIDIAN KN 2005029 KENAI LANDING COTTAGES SUB LOT 1, T 05N R 11W SEC 17 SEWARD MERIDIAN KN 2015029 KENAI RIVER SHORES SUB TRACT 1. A Conditional Use Permit for a Planned Unit Residential Development (PUD) was recently issued for 2101 Bowpicker Lane in May of 2021. This plat will allow for the construction of Phase A of the PUD for 60 residential units. 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 June 4, 2021. ANALYSIS Access to the preliminary plat is provided via Cannery Road, which is a paved Kenai Peninsula Borough maintained road. City water and sewer lines are not available in this area. The properties are currently serviced by private wells and onsite septic systems and an installation agreement will not be required. The preliminary plat requests exceptions to the requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations and to the Kenai Peninsula Borough Subdivision Code (see Attachment C). These requested exceptions regard requirements for wastewater, access, and design standards. Any infrastructure improvements (roadways, sewer, water, etc.) are considered private by the City of Kenai. Regarding any roadways or other infrastructure improvements that do not meet minimum standards required by the City of Kenai, if at any future time the City takes ownership and/or maintenance responsibilities of roadways within the subdivision or other Page 15 Page 3 of 4 infrastructure improvements will have to be improved to meet City of Kenai Standards in effect at time of acceptance. The cost of any infrastructure improvements to meet City of Kenai standards will be borne by property owners in the subdivision by assessment without further approval required. The applicant will also provide the City of Kenai a copy of DEC compliance certification on the water/sewer system. Since the Kenai Peninsula Borough has platting authority in the City of Kenai, Staff recommends that the discussion and determination of the requested exceptions be executed through the KPB platting process. Staff members with the City of Kenai would be available for any future discussions on the topic of exceptions. RECOMMENDATIONS City staff recommends approval of the preliminary plat of Kenai Landing Subdivision 2021 Addition, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Add a Plat Note as following: Any infrastructure improvements (roadways, sewer, water, etc.) are considered private by the City of Kenai. Regarding any roadways or other infrastructure improvements that do not meet minimum standards required by the City of Kenai, if at any future time the City takes ownership and/or maintenance responsibilities of roadways within the subdivision or other infrastructure improvements will have to be improved to meet City of Kenai Standards in effect at time of acceptance. The cost of any infrastructure improvements to meet City of Kenai standards will be borne by property owners in the subdivision by assessment without further approval required. 3. Property owner will provide the City of Kenai a copy of DEC compliance certification on the water/sewer system. 4. The City of Kenai requests to receive approval from the Kenai Peninsula Borough on exception to requirements of Subdivision Code. 5. Plat Note 22 should update the KPB Plat Committee meeting date as necessary. 6. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet City and Borough regulations. 7. Property owner will receive approval from the Kenai Peninsula Borough on exceptions to requirements in the Kenai Peninsula Borough Subdivision Regulations. 8. Staff members of the City of Kenai would be available for any future discussions on the topic of exceptions. Page 16 Page 4 of 4 ATTACHMENTS 1. Resolution No. PZ2021-22 2. Application 3. Preliminary Plat 4. Requested KPB Subdivision Code Exceptions 5. Aerial Map Page 17 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-22 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT KENAI LANDING SUBDIVISION 2021 ADDITION HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Edge Survey and Design; and, WHEREAS, the plat meets Municipal Code requirements of the Heavy Industrial (IH) zone; and, WHEREAS, street names are referenced correctly; and, WHEREAS, access to the preliminary plat is provided via Cannery Road, which is a paved Kenai Peninsula Borough maintained road; and WHEREAS, City water and sewer lines are not located in this area and an installation agreement will not be required; and WHEREAS, the Planning and Zoning Commission finds: 1. The preliminary plat requests exceptions to the requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations and to the Kenai Peninsula Borough Subdivision Code. 2. The Kenai Peninsula Borough has platting authority in the City of Kenai, Staff recommends that the discussion and determination of the requested exceptions be executed through the KPB platting process. Staff members with the City of Kenai would be available for any future discussions on the topic of exceptions. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of KENAI LANDING SUBDIVISION 2021 ADDITION be approved subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Add a Plat Note as following: Any infrastructure improvements (roadways, sewer, water, etc.) are considered private by the City of Kenai. Regarding any roadways or other infrastructure improvements that do not meet minimum standards required by the City of Kenai, if at any future time the City takes ownership and/or maintenance responsibilities of roadways within the subdivision or other infrastructure improvements will have to be Page 18 Resolution No. PZ2021-22 Page 2 of 2 improved to meet City of Kenai Standards in effect at time of acceptance. The cost of any infrastructure improvements to meet City of Kenai standards will be borne by property owners in the subdivision by assessment without further approval required. 3. Property owner will provide the City of Kenai a copy of DEC compliance certification on the water/sewer system. 4. The City of Kenai requests to receive approval from the Kenai Peninsula Borough on exception to requirements of Subdivision Code. 5. Plat Note 22 should update the KPB Plat Committee meeting date as necessary. 6. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet City and Borough regulations. 7. Property owner will receive approval from the Kenai Peninsula Borough on exceptions to requirements in the Kenai Peninsula Borough Subdivision Regulations. 8. Staff members of the City of Kenai would be available for any future discussions on the topic of exceptions. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 9th day of June, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ MMC, CITY CLERK Page 19 Page 20 Page 21 Page 22 Kenai Landing Subdivision 2021 Addition Exceptions to borough code. 20.40.010. - Wastewater disposal. 20.30.190. - Lots—Dimensions. 20.30.200. - Lots—Minimum size. Findings: Lots 1 and 2 will not be developed and will not produce wastewater. 1) The land and improvements are for parking, and for docking and launching of marine vessels only. There are no permanent residences or offices planned or associated with this use. There is no wastewater produced by this use.; the small amounts generated by transient users is met with portable toilets. 2) Historically, potable water for marine vessels is trucked in. 3) If the need for wastewater services arises in the future, the adjacent owner operates an approved, large volume wastewater treatment facility and is agreeable to connection. Note with 20.40.080 will be provided. 20.30.210. - Lots—Access to street. 20.30.030. - Proposed street layout—Requirements. 20.30.120. - Streets—Width requirements. 20.30.170. - Blocks—Length requirements. Findings: 1) An Exception to code is likely not required insofar as an existing SLE acts as dedicated legal access to all subdivided Tracts under 20.30.030. 2) Applicant has provided an access plan verifying the existence of legal access to the subdivision boundary and that construction design requirements under KPB Chapter 20.30 are practical and economical. 20.30.050 defines legal access “where unrestricted, public ROW connects the subdivision to the state highway system….and one of the following is met.” The applicant has presented satisfactory evidence meeting criteria #2 thereunder. 3) 20.30.050(A)(1) directly references Section Lines as a means of legal access. 4) Parcel A abuts the 50'-wide public access easement created in replacement of a section line easement and carries with it all of the same rights, titles and interests to the public that a section line does. The wording of the easement supports this conclusion. 5) With reference to 20.30.050(A)(4), the state easement carries the full weight of a judicial decree since it absolutely involved a quasi-judicial proceeding involving the department of law and their consent. Page 23 6) The KPB was party to the State easement agreement and the public process that created the easement; the 60' width requirement was agreed to by the KPB at the time. It is neither fair nor reasonable to re-visit this ROW width. Page 24 2101, 2291, and 2301 Bowpicker LnParcel 0491012 3 and 04910124 and 0 4910125 BOWPICKER LNCANNERY RDS E A C A T C H D R COLUMBIA STOLD CANNERY RD VIP DRSALMON RUN DR WATERGATE WAY.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 260130 Feet LEGEND Su bject Parcel Date: 6/4/2021 Page 25 PLANNING & ZONING COMMISSION PZ2021-22 –Preliminary Plat - Kenai Landing Subdivision 2021 Addition 1 Page 26 SUMMARY Edge Survey and Design has submitted a preliminary plat on behalf of the property owners, Kenai Landing, Inc. and PRL Logistics, Inc. 2 Page 27 PRELIMINARY PLAT The plat affects the parcels described as: T 5N R 11W SEC 8 & 17 SEWARD MERIDIAN KN 2005029 Kenai Landing Cottages Sub Tract A T 5N R 11W SEC 8 SEWARD MERIDIAN KN 2005029 KENAI LANDING COTTAGES SUB LOT 1 T 05N R 11W SEC 17 SEWARD MERIDIAN KN 2015029 KENAI RIVER SHORES SUB TRACT 1. 3 Page 28 STAFF ANALYSIS Access to the preliminary plat is provided via Cannery Road, which is a paved Kenai Peninsula Borough maintained road. City water and sewer lines are not available in this area. The properties are currently serviced by private wells and onsite septic systems and an installation agreement will not be required. The preliminary plat requests exceptions to the requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations and to the Kenai Peninsula Borough Subdivision Code (see Attachment C). These requested exceptions regard requirements for wastewater, access, and design standards. 4 Page 29 STAFF ANALYSIS CONTINUED Any infrastructure improvements (roadways, sewer, water, etc.) are considered private by the City of Kenai. Regarding any roadways or other infrastructure improvements that do not meet minimum standards required by the City of Kenai, if at any future time the City takes ownership and/or maintenance responsibilities of roadways within the subdivision or other infrastructure improvements will have to be improved to meet City of Kenai Standards in effect at time of acceptance. The cost of any infrastructure improvements to meet City of Kenai standards will be borne by property owners in the subdivision by assessment without further approval required. The applicant will also provide the City of Kenai a copy of DEC compliance certification on the water/sewer system. Since the Kenai Peninsula Borough has platting authority in the City of Kenai, Staff recommends that the discussion and determination of the requested exceptions be executed through the KPB platting process. Staff members with the City of Kenai would be available for any future discussions on the topic of exceptions. 5 Page 30 RECOMMENDATIONS City staff recommends approval of the preliminary plat of Kenai Landing Subdivision 2021 Addition, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2.Add a Plat Note as following: Any infrastructure improvements (roadways, sewer, water, etc.) are considered private by the City of Kenai. Regarding any roadways or other infrastructure improvements that do not meet minimum standards required by the City of Kenai, if at any future time the City takes ownership and/or maintenance responsibilities of roadways within the subdivision or other infrastructure improvements will have to be improved to meet City of Kenai Standards in effect at time of acceptance. The cost of any infrastructure improvements to meet City of Kenai standards will be borne by property owners in the subdivision by assessment without further approval required. 3. Property owner will provide the City of Kenai a copy of DEC compliance certification on the water/sewer system. 6 Page 31 RECOMMENDATIONS CONTINUED 4.The City of Kenai requests to receive approval from the Kenai Peninsula Borough on exception to requirements of Subdivision Code. 5. Plat Note 22 should update the KPB Plat Committee meeting date as necessary. 6. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet City and Borough regulations. 7. Property owner will receive approval from the Kenai Peninsula Borough on exceptions to requirements in the Kenai Peninsula Borough Subdivision Regulations. 8. Staff members of the City of Kenai would be available for any future discussions on the topic of exceptions. 7 Page 32 ATTACHMENTS 1. Resolution No. PZ2021-22 2. Application 3. Preliminary Plat 4. Requested KPB Subdivision Code Exceptions 5. Aerial Map 8 Page 33 1. RESOLUTION 9 Page 34 2. APPLICATION 10 Page 35 3. PRELIMINARY PLAT 11 Page 36 3. PRELIMINARY PLAT 12 Page 37 4. REQUESTED CODE EXCEPTIONS 13 Page 38 5. AERIAL MAP 14 Page 39 File Attachments for Item: 2. Resolution PZ2021-23 – Preliminary Subdivision Plat of Triple C Subdivision, submitted by Ability Surveys, 152 Dehel Ave., Homer, AK 99603, on behalf of Mark Holmes, 4493 Lakewood Blvd., Naples, FL 34112 Page 40 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-23 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT “TRIPLE C“ SUBDIVISION ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Ability Surveys and, WHEREAS, the plat meets Municipal Code requirements of the Rural Residential; and, WHEREAS, street names are referenced correctly; and, WHEREAS, access to the proposed lots is via McCollum Drive and Fox Avenue. McCollum Drive is a paved City maintained road. Fox Avenue is an undeveloped road and is not maintained by the City; and WHEREAS, water and sewer services are available for connection by the property owner; and, WHEREAS an installation agreement is required for the development of Fox Avenue from McCollum Drive to Chiniak Street; 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 “Triple C” Subdivision 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 41 Resolution No. PZ2021-23 Page 2 of 2 2. Pursuant to KMC 17.10.010(a) property owner must connect to the public water system; provided, that any part of the structure is or is to be within two hundred (200) feet of an existing public water main adjacent to the property line in a right of way. 3. Pursuant to KMC 17.20.010(a) property owner must connect to the public sewage system; provided, that nay part of the structure is or is to be within two hundred (200) feet of an existing public sewer main adjacent to the property line in a right of way. 4. Pursuant to KMC 14.10.080, the City will require an installation agreement for development of Fox Avenue from McCollum Drive to Chiniak Street. The installation agreement will be developed after the preliminary plat is approved and improvements will be constructed in accordance with the installation agreement. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 9th day of June, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, MMC, CITY CLERK Page 42 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: June 4, 2021 SUBJECT: PZ2021–23 - Preliminary Plat – “Triple C” Subdivision Applicant: Mark Holmes 4493 Lakewood Blvd. Naples, FL 34112 Submitted By: Ability Surveys 152 Dehel Ave. Homer, AK 99603 Requested Action: Preliminary Subdivision Plat – “Triple C” Subdivision Legal Description: The Northwest one-quarter of the Southwest one-quarter of the Northwest one-quarter (NW ¼ SW ¼ NW 1/4, in Section 34, T6N, R11W, Seward Meridian Address: 702 McCollum Drive KPB Parcel No: 04507001 Lot Size: 10 acres (approximately 435,600 square feet) Existing Zoning: Rural Residential Current Land Use: Vacant Land Land Use Plan: Suburban Residential GENERAL INFORMATION Ability Surveys submitted a preliminary plat on behalf of the property owner, Mark Holmes. The plat affects the parcel described as the Northwest one-quarter of the Southwest one-quarter of Page 43 Page 2 of 3 the Northwest one-quarter (NW ¼ SW ¼ NW 1/4, in Section 34, Township 6 North, Range 11 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska. The property owner proposes to subdivide an approximately 10-acre parcel into two lots of approximately 4.344 acres (Lot 1) and 4.344 acres (Lot 2). ANAYLISIS The subject parcel is currently undeveloped. The subdivision is located in the Rural Residential zone, which requires a minimum lot size of 20,000 square feet. Each lot is in excess of four (4) acres; therefore, both lots meet the minimum lot size requirement for the zone. The minimum lot width for the Residential Zone is ninety feet with the exception of corner lots which require an additional ten feet as set forth in Kenai Municipal Code (KMC) 14.10.70(e)(4). Each lot is approximately 280 feet in width, therefore, the minimum lot requirement has been met. KMC 14.10.070(b)(2) requires the minimum width for minor streets shall be sixty (60) feet. The plat dedicates a 30-foot right-of-way for Fox Avenue. An additional 30- foot right-of-way for Fox Avenue has been dedicated by the plat of Kempf Subdivision which lies to the South of Lot 1, “Triple C” Subdivision. In addition, a 33-foot right-of-way was reserved in the Patent for Government Lot 55, Section 34, T6N, R11W, which lies to the South of Lot 2, “Triple C” Subdivision. McCollum Drive is developed to the Southwest corner of the proposed Lot 1, “Triple C” Subdivision. The plat dedicates a 30-foot right-of-way for McCollum Drive. A 50-foot section line easement exists on the parcel adjacent to the dedicated right-of-way for McCollum Drive. If Triple “C” Subdivision is further subdivided it would be required to develop the right-of-way of McCollum Drive. The plat dedicates a 30 foot right of way for Chiniak Street. An additional 33 feet was dedicated by the plat of Chiniak Subdivision and Chiniak Subdivision Part 2 which lies to the east of Lot 2 “Triple C” Subdivision. If Triple “C” Subdivision is further subdivided it would be required to develop the right-of-way of Chiniak Street. Access to the proposed lots is via McCollum Drive and Fox Avenue. Pursuant to KMC 14.10.080, the City will require an installation agreement for development of Fox Avenue from McCollum Drive to Chiniak Street. The installation agreement will be developed after the preliminary plat is approved and improvements will be constructed in accordance with the installation agreement. City water lines are existing within the right-of-way of Fox Avenue and can be extended to the subdivision. Pursuant to KMC 17.10.010(a) property owner must connect to the public water system; provided, that any part of the structure is or is to be within two hundred (200) feet of an existing public water main adjacent to the property line in a right of way. City sewer lines are located within the right-of-way of McCollum Drive with a manhole located at the southwest corner of the subject parcel. Additionally, sewer lines are located at the southeast corner of the subject parcel, located within the right-of-way of Fox Avenue. Pursuant to KMC 17.20.010(a) property owner must connect to the public sewage system; provided, that any part of the structure is or is to be within two hundred (200) feet of an existing public sewer main adjacent to the property line in a right of way. Page 44 Page 3 of 3 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 owner 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 June 4, 2021. 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 “Triple C” Subdivision, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Pursuant to KMC 17.10.010(a) property owner must connect to the public water system; provided, that any part of the structure is or is to be within two hundred (200) feet of an existing public water main adjacent to the property line in a right of way. 3. Pursuant to KMC 17.20.010(a) property owner must connect to the public sewage system; provided, that nay part of the structure is or is to be within two hundred (200) feet of an existing public sewer main adjacent to the property line in a right of way. 4. Pursuant to KMC 14.10.080, the City will require an installation agreement for development of Fox Avenue from McCollum Drive to Chiniak Street. The installation agreement will be developed after the preliminary plat is approved and improvements will be constructed in accordance with the installation agreement. ATTACHMENTS 1. Resolution No. PZ2021-23 2. Application 3. Preliminary Plat 4. Aerial Map Page 45 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-23 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT “TRIPLE C“ SUBDIVISION ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Ability Surveys and, WHEREAS, the plat meets Municipal Code requirements of the Rural Residential; and, WHEREAS, street names are referenced correctly; and, WHEREAS, access to the proposed lots is via McCollum Drive and Fox Avenue. McCollum Drive is a paved City maintained road. Fox Avenue is an undeveloped road and is not maintained by the City; and WHEREAS, water and sewer services are available for connection by the property owner; and, WHEREAS an installation agreement is required for the development of Fox Avenue from McCollum Drive to Chiniak Street; 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 “Triple C” Subdivision 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 46 Resolution No. PZ2021-23 Page 2 of 2 2. Pursuant to KMC 17.10.010(a) property owner must connect to the public water system; provided, that any part of the structure is or is to be within two hundred (200) feet of an existing public water main adjacent to the property line in a right of way. 3. Pursuant to KMC 17.20.010(a) property owner must connect to the public sewage system; provided, that nay part of the structure is or is to be within two hundred (200) feet of an existing public sewer main adjacent to the property line in a right of way. 4. Pursuant to KMC 14.10.080, the City will require an installation agreement for development of Fox Avenue from McCollum Drive to Chiniak Street. The installation agreement will be developed after the preliminary plat is approved and improvements will be constructed in accordance with the installation agreement. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 9th day of June, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, MMC, CITY CLERK Page 47 Page 48 Page 49 702 McCollum DriveParcel 0450700 1 FOX AVE JAPONSKI DRMCCOLLUM DRCHINIAK ST.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 13065 Feet LEGEND Su bject Parcel Date: 6/4/2021 Page 50 PLANNING & ZONING COMMISSION PZ2021-23 –Preliminary Plat - Triple C Subdivision 1 Page 51 SUMMARY Ability Surveys submitted a preliminary plat on behalf of the property owner, Mark Holmes. 2 Page 52 PRELIMINARY PLAT The plat affects the parcel described as The Northwest one-quarter of the Southwest one-quarter of the Northwest one-quarter (NW ¼ SW ¼ NW 1/4, in Section 34, T6N, R11W, Seward Meridian. The property owner proposes to subdivide an approximately 10-acre parcel into two lots of approximately 4.344 acres (Lot 1) and 4.344 acres (Lot 2). 3 Page 53 STAFF ANALYSIS The subject parcel is currently undeveloped and meets minimum lot size standards. Access to the proposed lots is via McCollum Drive and Fox Avenue, an undeveloped street. Pursuant to KMC 14.10.080, the City will require an installation agreement for development of Fox Avenue from McCollum Drive to Chiniak Street. City water lines are existing within the right-of-way of Fox Avenue and can be extended to the subdivision. Pursuant to KMC 17.10.010(a) property owner must connect to the public water system; provided, that any part of the structure is or is to be within two hundred (200) feet of an existing public water main adjacent to the property line in a right of way. 4 Page 54 STAFF ANALYSIS CONTINUED City sewer lines are located within the right-of-way of McCollum Drive with a manhole located at the southwest corner of the subject parcel. Additionally, sewer lines are located at the southeast corner of the subject parcel, located within the right-of-way of Fox Avenue. Pursuant to KMC 17.20.010(a) property owner must connect to the public sewage system; provided, that any part of the structure is or is to be within two hundred (200) feet of an existing public sewer main adjacent to the property line in a right of way. The preliminary plat meets requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations. 5 Page 55 RECOMMENDATIONS City staff recommends approval of the preliminary plat of Triple C Subdivision, subject to the following conditions: 1.Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2.Pursuant to KMC 17.10.010(a) property owner must connect to the public water system; provided, that any part of the structure is or is to be within two hundred (200) feet of an existing public water main adjacent to the property line in a right of way. 3.Pursuant to KMC 17.20.010(a) property owner must connect to the public sewage system; provided, that nay part of the structure is or is to be within two hundred (200) feet of an existing public sewer main adjacent to the property line in a right of way. 4.Pursuant to KMC 14.10.080, the City will require an installation agreement for development of Fox Avenue from McCollum Drive to Chiniak Street. The installation agreement will be developed after the preliminary plat is approved and improvements will be constructed in accordance with the installation agreement. 6 Page 56 ATTACHMENTS 1. Resolution No. PZ2021-23 2. Application 3. Preliminary Plat 4. Aerial Map 7 Page 57 1. RESOLUTION 8 Page 58 2. APPLICATION 9 Page 59 3. PRELIMINARY PLAT 10 Page 60 4. AERIAL MAP 11 Page 61 File Attachments for Item: 1. Special Use Permit to State of Alaska, Division of Forestry for Air Tanker  Reload Base                                          Page 62 MEMORANDUM TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: June 3, 2021 SUBJECT: SPECIAL USE PERMIT TO STATE OF ALASKA, DIVISION OF FORESTRY FOR AIR TANKER RELOAD BASE The State of Alaska, Division of Forestry has submitted a Special Use Permit Application for use of an air tanker reload base of that portion of Lot 4, FBO Subdivision No. 7, as delineated as Lot 4A of the proposed plat of FBO Subdivision No. 11, which will be recorded in the Kenai Recording District, Third Judicial District, State of Alaska. The preliminary plat was recommended for approval by the Planning and Zoning Commission on May 12, 2021. The plat has been sent to the Kenai Peninsula Borough for the final approval and recording process. This parcel was appraised at a rate of $2.01 per square foot in 2020 and the CPI adjustment for the past year is -1.01%. The annual lease rate would be $17,160.90 based on $2.01 per square foot, 107,811 total square feet, CPI adjustment of -1.01%, and an 8% of fair market value annual lease rate. A Special Use Permit would allow the State of Alaska, Division of Forestry to continue air tanker reload base operations for fire response on July 1, 2021. The Special Use Permit would expire in 1 (one) year on June 30, 2022. Please review the attached draft special use permit and application materials. Does the Commission recommend City Council approve the execution of a special use permit to the State of Alaska Division of Forestry? Attachment A: Special Use Permit Application dated March 8, 2021 from the Alaska Division of Forestry requesting use of the proposed Lot 4A, FBO Subdivision No. 11. Attachment B: Preliminary plat of FBO Subdivision No. 11. Attachment C: Aerial map of Lots 3 and 4, FBO Subdivision No. 7. Attachment D: Special Use Permit for State of Alaska, Division of Forestry for Air Tanker Reload Base. Page 63 Name of Applicant: City: State: Zip Code: City: State: Zip Code: Type of Applicant:  Individual (at least 18 years of age) Partnership  Corporation  Government  Limited Liability Company (LLC) Other _________________________________ Legal or physical description of the property: Description of the proposed business or activity intended: Is the area to be used in front of or immediately adjacent to any established business offering the same or similar products or services upon a fixed location? YES NO Would the use under this permit interfere with other businesses through excessive noise, odor, or other nuisances? YES NO If you answered yes to any of the above questions, please explain: What is the term requested (not to exceed one year)? Signature: Date: Print Name: Title: For City Use Only:  General Fund  Airport Reserve Land  Airport Fund  Outside Airport Reserve Mailing Address: E-mail: (Optional) Requested Starting Date: Work/ Message Phone: ( ) Work/ Message Phone: ( ) Application Date: Name to Appear on Permit: Phone Number(s): Home Phone: ( ) Home Phone: ( ) Phone Number(s): E-mail: (Optional) Mailing Address: Date Application Fee Received: City Council Action/Resolution: Account Number: City of Kenai Special Use Permit Application Property Information Applicant Information 4.29.2021 State of Alaska Division of Forestry 550 W. 7th Ave.Anchorage AK 99501 269-8461 269-8461 michael.burkhead@alaska.gov State of Alaska 550 W. 7th Ave.Anchorage AK 99501 269-8461 269-8461 michael.burkhead@alaska.gov Lot 4, FBO subdivision No. 7, According to Plat No. 2001-34 Air Tanker Reload Base 1 year July 1, 2021 4.29.2021 Michael Burkhead Procurement Specialist III Michael Burkhead 337217 Digitally signed by Michael Burkhead 337217 Date: 2021.04.29 15:37:39 -08'00' Page 64 Page 65 Page 66 Special Use Permit – State of Alaska Division of Forestry Page 1 of 6 SPECIAL USE PERMIT The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below, hereby grants to STATE OF ALASKA DIVISION OF FORESTRY (PERMITTEE), whose address is 550 W. 7th Avenue, Anchorage, AK 99501, the non-exclusive right to use approximately 107,811± square feet of area as described below: That portion of Lot 4, FBO Subdivision No. 7, as delineated as Lot 4A of the preliminary plat of FBO Subdivision No. 11, which will be recorded in the Kenai Recording District, Third Judicial District, State of Alaska. 1. TERM. This special use permit shall be for 12 months from July 1, 2021 to June 30, 2022. 2. CANCELLATION. Pursuant to requirements of the Federal Aviation Administration, the City reserves the right to cancel this special use permit on 90-days’ notice, either delivered in person to the Permittee or by mail. Any or all personal property shall be removed at Permittee’s expense upon cancellation or termination of this agreement. 3. PERMIT FEES. The Permittee shall be charged an annual permit fee of $17,160.90 plus applicable sales tax. The Permittee shall not use the parcels until starting monthly payments to the City for the permit fee. Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Hall, 210 Fidalgo Avenue, Kenai, Alaska 99611. In addition to the permit fee specified above, the Permittee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: A. Sales tax nor enforced, or levied in the future, computed upon the permit fee payable in monthly installments whether said fee is paid on a monthly or yearly basis; B. All necessary licenses and permits; all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the State, Borough, City, or by any other tax levying body, upon any taxable possessory right which Permittee may have in or to the Premises by reason of its use or occupancy or by reason of the terms of this Permit, provided however, that nothing herein contained shall prevent Permittee from contesting any increase in such tax or assessment through procedures provided by law. C. Interest at the rate of eight percent (8%) per annum and penalties of ten percent (10%) of any amount of money owed under this Special Use Permit which are not paid on or before the due date. D. Costs and expenses incident to this Special Use Permit, including but not limited to recording costs. Page 67 Special Use Permit – State of Alaska Division of Forestry Page 2 of 6 4. USE. The use by the Permittee of the Premises is limited to the purpose of an air tanker reload base. This use is subject to City, Borough, and State laws and regulations and the reasonable administrative actions of the City for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities. Use of the Premises is subject to the following conditions: A. Permittee shall use the Premises only for the purpose of an air tanker reload base. B. The premises shall be returned to its current condition prior to the end of the term of this Special Use Permit. This shall include the removal of any trash or debris. C. The Permittee shall follow requirements of the City Fire Marshal and allow City staff to inspect the premises if requested. 5. INSURANCE. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee’s insurance policy contains higher limits, the City is entitled to coverage to the extent of the higher limits. A. General Liability or Commercial General Liability Insurance, including Premises, all operations, property damage, personal injury and death, broad-form contractual, with a per-occurrence limit of not less than $1,000,000 combined single limit. The policy must name the City as an additional insured. B. Worker’s Compensation Insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide Worker’s Compensation Insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non-owned motor vehicles the Permittee uses for snow moving and storage activities to, from, or on the Premises. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated “A-” or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. iii. Permittee shall request a waiver of subrogation against City from Permittee’s insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. Page 68 Special Use Permit – State of Alaska Division of Forestry Page 3 of 6 iv. Provide the City with notification at least 30 days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City by July 1, 2021. The effective date of the insurance shall be no later than July 1, 2021. vi. This insurance shall be primary and exclusive of any other insurance carried by the City of Kenai. This insurance shall be without limitation on the time within which the resulting loss, damage, or injury is actually sustained. 6. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. The Permittee shall fully indemnify, hold harmless, and defend the City of Kenai, its officers, agents, employees, and volunteers at its own expense from and against any and all actions, damages, costs, liability, claims, losses, judgments, penalties, including reasonable Attorney’s fees of or for liability for any wrongful or negligent acts, errors, or omissions of the Permittee, its officers, agents or employees, or any subcontractor under this Permit. The Permittee shall not be required to defend or indemnify the City for any claims of or liability for any wrongful or negligent act, error, or omission solely due to the independent negligence of the City. If there is a claim of or liability for the joint negligence of the Permittee and the independent negligence of the City, the indemnif ication and hold harmless obligation shall be apportioned on a comparative fault basis. Apportionment shall be established upon final determination of the percentage of fault. If any such determination is by settlement, the percentage of fault attributed to each party for purposes of this indemnification provision shall only be binding upon the parties included in the settlement agreement. “Permittee” and “City” as used in this article include the employees, agents, officers, directors, and other contractors who are directly responsible, respectively, for each party. The term “independent negligence of the City” is negligence other than in the City’s selection, administration, monitoring, or controlling of the Permittee. 7. PERMITTEE’S OBLIGATION TO PREVENT AND REMOVE LIENS. Permittee will not permit any liens, including mechanic’s, laborer’s, construction, supplier’s, mining, or any other liens obtainable or available under existing law, to stand against the Premises or improvements on the Premises for any labor or material furnished to Permittee or to any related entity or claimed entity. The Permittee shall have the right to provide a bond as contemplated by State of Alaska law and contest the validity or amount of any such lien or claimed lien. Upon the final determination of the lien or claim for lien, the Permittee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Permittee’s own expense. 8. PERSONALTY. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit. Personal property placed or used upon the Premises and not removed upon termination of this Permit will be removed and/or impounded by the City. Property removed or impounded by the City may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus a storage fee of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or its customers. Page 69 Special Use Permit – State of Alaska Division of Forestry Page 4 of 6 9. FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions, and/or any requirement herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 10. TERMINATION, DEFAULT. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. The City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety. The City may also terminate this Permit immediately, or upon notice shorter than 30 days, due to a failure of Permittee to comply with conditions and terms of this Permit, which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period to correct the violation or breach. 11. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. 12. ASSIGNMENT. Permittee may not assign, by grant or implication, the whole any part of this Permit, the Premises, or any improvement on the Premises without the written consent of the City. Unless the City specifically releases the Permittee in writing, the City may hold the Permittee responsible for performing any obligation under this permit which an assignee fails to perform. 13. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on the Premises and its exercise of the privileges granted in this Permit. 14. NO JOINT VENTURE. The City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 15. SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of this Permit shall survive the cancellation, termination, or expiration of this Permit. 16. AUTHORITY. By signing this Permit, Permittee represents that is has read this agreements and consents to be bound by the terms and conditions herein and that the person signing this Permit is duly authorized by the business to bind the business hereunder. STATE OF ALASKA DIVISION OF FORESTRY CITY OF KENAI By:____________________________ By:_______________________________ Page 70 Special Use Permit – State of Alaska Division of Forestry Page 5 of 6 Michael Burkhead Date: Paul Ostrander Date: Procurement Specialist III City Manager ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of ________, 2021, the foregoing instrument was acknowledged before me by Paul Ostrander, City Manager of the City of Kenai, Alaska, an Alaska home rule municipality, on behalf of the City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of ________, 2021, the foregoing instrument was acknowledged before me by John Sliwinski, Vice-President of Alaska Air Fuel, Inc., on behalf of the corporation. Notary Public for Alaska My Commission Expires: Page 71 Special Use Permit – State of Alaska Division of Forestry Page 6 of 6 ATTEST: Jamie Heinz, MMC, City Clerk SEAL: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Page 72 File Attachments for Item: 2. Special Use Permit to Weaver Brothers, Inc. for Truck Trailer Storage Page 73 MEMORANDUM TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: June 3, 2021 SUBJECT: Special Use Permit to Weaver Brothers, Inc. for Truck Trailer Storage James H. Doyle, Individually, d/b/a Weaver Brothers, Inc. has requested to use three adjacent City-owned parcels along Coral Street and two portions of additional City owned land for storage of truck trailers for one-year from June 21, 2021 to June 20, 2022. Weaver Brothers, Inc. has been storing truck trailers on three parcels via special use permit from June 20, 2019 to June 20, 2021. This request differs from the previous two approved special use permits by including two additional portions of City owned land, as depicted in Attachment C, in order to adjust for actual current usage for parking truck trailers. This requested SUP use is similar to the use of two parcels under a five-year lease from the City by Weaver Brothers for truck storage along Coral Street and allows for a temporary expansion of their business. The attached maps show the location of the parcels requested for a special use permit. The application submitted to the City is also attached to this memorandum. The Coral Street Airport Zone of the City was appraised at a rate of $0.50 per square foot and the CPI adjustment for the past year is -1.01%. The annual permit fee would be $3,442.67 for all five lots based on $0.50 per square foot, 86,945 total square feet to be used, CPI adjustment of -1.01%, and an 8% of fair market value annual special use permit rate. The parcels are within the Airport Light Industrial (ALI) Zone of the City and within the Airport Reserve. Pursuant to requirements of the Federal Aviation Administration, the City would reserve the right to cancel this special use permit on 90-days’ notice. The recommendation of the Planning and Zoning Commission will be provided to City Council as part of their decision process for the special use permit. If City Council approves, City Administration would execute a special use permit for truck trailer storage for 12 months to James H. Doyle, Individually, d/b/a Weaver Brothers, Inc. Please review the attached draft special use permit and application materials. What is the recommendation of the Commission to City Council for the special use permit request? Attachment A: Special Use Permit Application submitted on May 10, 2021. Page 74 Page 2 of 2 Attachment B: Map of Lots 1, 2, and 3 requested in the SUP application. Attachment C: Map of approximately 3,754 square foot and approximately 15,641 square foot portions of City land requested in the SUP application. Attachment D: The Special Use Permit to Weaver Brothers, Inc. for Trailer Storage. Page 75 Page 76 Page 77 Page 78 Special Use Permit – Weaver Brothers, Inc. – 2021 Truck Trailer Storage Page 1 of 7 SPECIAL USE PERMIT The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below, hereby grants to JAMES H. DOYLE, INDIVIDUALLY, D/B/A WEAVER BROTHERS, INC. (PERMITTEE), whose address is P.O. Box 2229, Kenai Alaska 99611, the non-exclusive right to use 86,945 square feet of area as described below: T5N R11W SEC 5 SEWARD MERIDIAN KN 0860076 GUSTY SUB NO 4 LOT 1 BLK 3 (435 Coral Street); and, T5N R11W SEC 5 SEWARD MERIDIAN KN 0860076 GUSTY SUB NO 4 LOT 2 BLK 3 (425 Coral Street); and, T5N R11W SEC 5 SEWARD MERIDIAN KN 0860076 GUSTY SUB NO 4 LOT 3 BLK 3 (415 Coral Street); and, Approximately 3,754 square foot portion of T 5N R 11W SEC 5 SEWARD MERIDIAN KN 0890005 GUSTY SUB NO 7 TRACT C-1 as depicted in Attachment C (400 Coral Street); and, Approximately 15,641 square foot portion of T 5N R 11W SEC 5 & 6 SEWARD MERIDIAN KN PTNS OF SEC 5 & 6 as depicted in Attachment C (700 First Avenue). 1. TERM. This special use permit shall be for 12 months from June 21, 2021 to June 20, 2022. 2. CANCELLATION. Pursuant to requirements of the Federal Aviation Administration, the City reserves the right to cancel this special use permit on 90-days’ notice, either delivered in person to the Permittee or by mail. Any or all personal property shall be removed at Permittee’s expense upon cancellation or termination of this agreement. 3. PERMIT FEES. The Permittee shall be charged an annual permit fee of $3,442.67 plus applicable sales tax. The Permittee shall not use the parcels until paying the City the permit fee. Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Hall, 210 Fidalgo Avenue, Kenai, Alaska 99611. In addition to the permit fee specified above, the Permittee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: A. Sales tax nor enforced, or levied in the future, computed upon the permit fee payable in monthly installments whether said fee is paid on a monthly or yearly basis; B. All necessary licenses and permits; all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the State, Page 79 Special Use Permit – Weaver Brothers, Inc. – 2021 Truck Trailer Storage Page 2 of 7 Borough, City, or by any other tax levying body, upon any taxable possessory right which Permittee may have in or to the Premises by reason of its use or occupancy or by reason of the terms of this Permit, provided however, that nothing herein contained shall prevent Permittee from contesting any increase in such tax or assessment through procedures provided by law. C. Interest at the rate of eight percent (8%) per annum and penalties of ten percent (10%) of any amount of money owed under this Special Use Permit which are not paid on or before the due date. D. Costs and expenses incident to this Special Use Permit, including but not limited to recording costs. 4. USE. The use by the Permittee of the Premises is limited to the purpose of Truck Trailer Storage. This use is subject to City, Borough, and State laws and regulations and the reasonable administrative actions of the City for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities. Use of the Premises is subject to the following conditions: A. Permittee shall use the Premises only for truck trailer storage. B. Trailers must be stored in a manner that will not limit sight lines or create other unsafe driving conditions on adjacent right-of-ways. C. The premises shall be returned to its current condition prior to the end of the term of this Special Use Permit. This shall include the removal of any trash or debris. D. Trailers must be stored in a manner that will not impact any City snow clearing or moving activities. E. Trailers shall be stored such that there will not be oil or other hazardous fluids leaking onto the premises. F. Trailers shall be stored such that there will not be grass or vegetation growing between trailers. G. The Permittee shall follow requirements of the City Fire Marshal and allow City staff to inspect the premises if requested. H. The premises shall not be used to store junked vehicles or other salvaged vehicle or trailer parts. 5. INSURANCE. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee’s insurance policy contains higher limits, the City is entitled to coverage to the extent of the higher limits. A. Garage Liability or Commercial General Liability Insurance, including Premises, all operations, property damage, personal injury and death, broad-form contractual, Page 80 Special Use Permit – Weaver Brothers, Inc. – 2021 Truck Trailer Storage Page 3 of 7 with a per-occurrence limit of not less than $1,000,000 combined single limit. The policy must name the City as an additional insured. B. Worker’s Compensation Insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide Worker’s Compensation Insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non-owned motor vehicles the Permittee uses for snow moving and storage activities to, from, or on the Premises. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated “A-” or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. iii. Permittee shall request a waiver of subrogation against City from Permittee’s insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least 30 days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City by June 21, 2020. The effective date of the insurance shall be no later than June 21, 2020. vi. This insurance shall be primary and exclusive of any other insurance carried by the City of Kenai. This insurance shall be without limitation on the time within which the resulting loss, damage, or injury is actually sustained. 6. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. The Permittee shall fully indemnify, hold harmless, and defend the City of Kenai, its officers, agents, employees, and volunteers at its own expense from and against any and all actions, damages, costs, liability, claims, losses, judgments, penalties, including reasonable Attorney’s fees of or for liability for any wrongful or negligent acts, errors, or omissions of the Permittee, its officers, agents or employees, or any subcontractor under this Permit. The Permittee shall not be required to defend or indemnify the City for any claims of or liability for any wrongful or negligent act, error, or omission solely due to the independent Page 81 Special Use Permit – Weaver Brothers, Inc. – 2021 Truck Trailer Storage Page 4 of 7 negligence of the City. If there is a claim of or liability for the joint negligence of the Permittee and the independent negligence of the City, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. Apportionment shall be established upon final determination of the percentage of fault. If any such determination is by settlement, the percentage of fault attributed to each party for purposes of this indemnification provision shall only be binding upon the parties included in the settlement agreement. “Permittee” and “City” as used in this article include the employees, agents, officers, directors, and other contractors who are directly responsible, respectively, for each party. The term “independent negligence of the City” is negligence other than in the City’s selection, administration, monitoring, or controlling of the Permittee. 7. PERMITTEE’S OBLIGATION TO PREVENT AND REMOVE LIENS. Permittee will not permit any liens, including mechanic’s, laborer’s, construction, supplier’s, mining, or any other liens obtainable or available under existing law, to stand against the Premises or improvements on the Premises for any labor or material furnished to Permittee or to any related entity or claimed entity. The Permittee shall have the right to provide a bond as contemplated by State of Alaska law and contest the validity or amount of any such lien or claimed lien. Upon the final determination of the lien or claim for lien, the Permittee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Permittee’s own expense. 8. PERSONALTY. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit. Personal property placed or used upon the Premises and not removed upon termination of this Permit will be removed and/or impounded by the City. Property removed or impounded by the City may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus a storage fee of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or its customers. 9. FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions, and/or any requirement herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 10. TERMINATION, DEFAULT. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. The City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety. The City may also terminate this Permit immediately, or upon notice shorter than 30 days, due to a failure of Permittee to comply with conditions and terms of this Permit, which failu re remains uncured after notice by City to Permittee providing Permittee with a reasonable time period to correct the violation or breach. 11. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. Page 82 Special Use Permit – Weaver Brothers, Inc. – 2021 Truck Trailer Storage Page 5 of 7 12. ASSIGNMENT. Permittee may not assign, by grant or implication, the whole any part of this Permit, the Premises, or any improvement on the Premises without the written consent of the City. Unless the City specifically releases the Permittee in writing, the City may hold the Permittee responsible for performing any obligation under this permit which an assignee fails to perform. 13. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on the Premises and its exercise of the privileges granted in this Permit. 14. NO JOINT VENTURE. The City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 15. SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of this Permit shall survive the cancellation, termination, or expiration of this Permit. 16. AUTHORITY. By signing this Permit, Permittee represents that is has read this agreements and consents to be bound by the terms and conditions herein and that the person signing this Permit is duly authorized by the business to bind the business hereunder. WEAVER BROTHERS, INC. CITY OF KENAI By:____________________________ By:_______________________________ James H. Doyle Date: Paul Ostrander Date: President City Manager By:____________________________ James H. Doyle Date: Individually Page 83 Special Use Permit – Weaver Brothers, Inc. – 2021 Truck Trailer Storage Page 6 of 7 ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of ________, 2021, the foregoing instrument was acknowledged before me by Paul Ostrander, City Manager of the City of Kenai, Alaska, an Alaska home rule municipality, on behalf of the City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of ________, 2021, the foregoing instrument was acknowledged before me by James H. Doyle, President of Weaver Brothers, Inc., an Alaska limited liability company, on behalf of the company. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of ________, 2021, the foregoing instrument was acknowledged before me by James H. Doyle. Notary Public for Alaska My Commission Expires: Page 84 Special Use Permit – Weaver Brothers, Inc. – 2021 Truck Trailer Storage Page 7 of 7 ATTEST: Jamie Heinz, CMC, City Clerk SEAL: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Page 85 File Attachments for Item: 1. City Council Page 86 Kenai City Council - Regular Meeting Page 1 of 4 June 02, 2021 Kenai City Council - Regular Meeting June 02, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska 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. Robert Ruffner - Cook Inlet Fisheries Update C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3214-2021 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and the Airport Snow Removal Equipment Capital Project Funds to Provide Supplemental Funding for the Replacement of the Wide-Area Tractor and Mower. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3215-2021 - Increasing Estimated Revenues and Appropriations in the Water and Sewer Special Revenue and Water and Sewer Capital Projects Funds to Provide Supplemental Funding for the Wellhouse #1 Relocation Project and Authorizing the Issuance of a Contract for the Project. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3216-2021 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and Terminal Improvement Capital Project Fund to Provide Additional Local Share to the Terminal Rehabilitation Project and to Provide Funding to Install Wireless Internet Service for the Public. (Administration) Page 87 Kenai City Council - Regular Meeting Page 2 of 4 June 02, 2021 4. ADOPTED UNANIMOUSLY. Resolution No. 2021-35 - Awarding a Professional Services Agreement and Issuing a Purchase Order for Design Services for the Kenai Bluff Stabilization Project. (Administration) 5. ADOPTED UNANIMOUSLY. Resolution No. 2021-36 - Authorizing the Purchase of a New Grader for the Streets Department through Utilization of the State of Alaska Procurement Contract and Issuance of a Purchase Order. (Administration) 6. ADOPTED UNANIMOUSLY. Resolution No. 2021-37 - Approving an Amendment to 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. (Administration) 7. ADOPTED. Resolution No. 2021-38 - Authorizing Contracts for Employee Health Care and Other Benefits Effective July 1, 2021. (Administration) 8. ADOPTED UNANIMOUSLY. Resolution No. 2021-39 - Authorizing Renewal of the City’s Insurance Coverage with Alaska Municipal League Joint Insurance Association for July 1, 2021 through June 30, 2022. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of May 19, 2021. (City Clerk) F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration) 2. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 6/16/2021. *Ordinance No. 3217-2021 - Conditionally Donating Certain City Owned Property Described as Two Approximate 1 1/4 Acre Parcels to be Subdivided from a Portion of the 72 Acre More or Less Portion of the SE 1/4 Lying East of Tract A Kenai Meadows (KPB Parcel No. 039 010 65) To Kenai Peninsula Housing Initiative for the Development of Restricted Income and Senior Housing. (Mayor Gabriel, Vice Mayor Molloy, Council Member Winger) 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 6/16/2021. *Ordinance No. 3218-2021 - Accepting and Appropriating Drug Seizure Funds into the Police Small Tools Account. (Administration) 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 6/16/2021. *Ordinance No. 3219-2021 - Conditionally Donating Certain City Owned Property Described as One Approximate 2 Acre Parcel to be Subdivided from a Portion of the 6.8 Acre More or Less Portion of the East of Tract 4, Baron Park Subdivision (KPB Parcel No. 045 01 035) to Triumvirate Theatre for the Development of a Theatre Facility. (Administration) Page 88 Kenai City Council - Regular Meeting Page 3 of 4 June 02, 2021 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 6/16/2021. *Ordinance No. 3220-2021 - Authorizing a Tourism, Travel, and Hospitality Services Economic Stimulus Program to Benefit Certain Kenai Small Businesses and Award of a Professional Services Agreement to the Kenai Chamber of Commerce and Visitor Center for Administration of the Program. (Administration) 6. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Special Use Permit to Crowley Fuels, LLC, for Aviation Fueling on the Apron Fueling Area. (Eland Conway) 7. HEARINGS SET FOR 7/20/21 AT 6:00 P.M. AND 7/23/21 AT 6:00 P.M. Discussion - Set Board of Adjustment Hearings for Two Appeals. (City Clerk) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION 1. Negotiate a Settlement Agreement with Ron and Shirley Smith Regarding Utility Fees for 11440 Kenai Spur Highway Pursuant to AS 44.62.310(c)(1) a Matter of Which the Immediate Knowledge may have an Adverse Effect Upon the Finances of the City. M. PENDING ITEMS N. ADJOURNMENT Page 89 Kenai City Council - Regular Meeting Page 4 of 4 June 02, 2021 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/89022372498 Meeting ID: 890 2237 2498 Passcode: 207016 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 890 2237 2498 Passcode: 207016 Page 90 File Attachments for Item: 2. Kenai Peninsula Borough Planning Page 91 144 N. Binkley Street, Soldotna, Alaska 99669  (907) 714-2215  (907) 714-2378 Fax Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building Office of the Borough Clerk Melanie Aeschliman, Planning Director • Charlie Pierce, Borough Mayor Blair Martin, Chair – Kalifornsky Beach ~ Robert Ruffner, Vice Chair – Kasilof/Clam Gulch Syverine Abrahamson-Bentz, Parliamentarian – Anchor Point/Ninilchik ~ Jeremy Brantley – Sterling Paulette Bokenko-Carluccio – City of Seldovia ~ Cindy Ecklund – City of Seward ~ Pamela Gillham – Ridge Way Davin Chesser – Northwest Borough ~ Diane Fikes – City of Kenai ~ Virginia Morgan – East Peninsula ~ Franco Venuti – City of Homer Planning Commission Final Agenda May 24, 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 a. PC Resolution 2021-016V *3. Plats Granted Administrative Approval a. Seashore Bluffs; KPB File 2017-043R1 b. Inglima Tract 2019 Replat: KPB File 2019-139 *4. Plats Granted Final Approval (20.10.040) a. Marion Subdivision 2021 Replat; KPB File 2021-038 *5. Plat Amendment Request *6. Commissioner Excused Absences a. Davin Chesser, Northwest Borough *7. Minutes Page 92 Planning Commission Final Agenda May 24, 2021 Page 2 a. May 10, 2021 Planning Commission Meeting b. May 10, 2021 Plat Committee Meeting D. NEW BUSINESS 1. Barnett’s South Slope Subdivision Quiet Creek Park Replat Lots 35, 36 & 37 KPB File: 2021-057 Geovera, LLC / Martin, Carter, Harris, Ferraro Location: on Nelson Ave. City of Homer 2. Barnett's South Slope Subdivision Quiet Creek Park Lot 38 Replat KPB File: 2021-058 Geovera, LLC / Echo Trading Company, LLC, Drake Location: on Nelson Ave. City of Homer 3. Poage Subdivision Chaloux Replat KPB File: 2021-059 Segesser Surveys / Chaloux Location: on Robert Ave. Funny River Area / Funny River APC 4. Don's Place Subdivision Heazlett Replat KPB File: 2021-060 Segesser Surveys / Heazlett Location: on Eagle Ave. Nikiski Area 5. Bos'N Landing 2021 Replat KPB File: 2021-062 McLane Consulting Group / Edward N. Krohn Estate Location: off Lou Morgan Rd., on Starboard Beam Cir. & Focsle Cir. Sterling Area 6. River Quest 2021 Replat KPB File 2021-061 McLane Consulting Group / Schalkle, Crosswhite, Willkie Location: on Davison Ave. Kalifornsky Area / Kalifornsky APC 7. Review of the KPB Plat Committee Preliminary Approval Bluff Haven Estates 2021 Replat (Approved April 12, 2021) KPB File: 2021-030 Geovera, LLC / Evensen Location: in the Diamond Ridge Area E. OLD BUSINESS 1. Conditional Land Use Permit (CLUP) Modification of CLUP for Material Extraction PC Resolution 2021-10 Applicant: River Resources, LLC Location: 34386 Patson Rd., Soldotna, AK 99669 Page 93 Planning Commission Final Agenda May 24, 2021 Page 3 PINs: 135-243-13 & 135-243-29 F. PLAT COMMITTEE REPORT - No Meeting 5/24/21 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, June 14, 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 94