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HomeMy WebLinkAbout2021-07-14 Planning & Zoning PacketKenai Planning & Zoning Commission – Regular Meeting Page 1 of 2 July 14, 2021 Kenai Planning & Zoning Commission - Regular Meeting July 14, 2021 ꟷ 7:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 2** www.kenai.city Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 5. *Excused Absences *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the it em will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of June 23, 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 F. PUBLIC HEARINGS 1. Resolution PZ2021-26 - Application for a Variance Permit to Allow for a Rear Yard Setback of Five Feet where a Twenty-Foot Setback is Required and Height Restriction of Twelve Feet for a One-Story Accessory Building on Property Described as Lot 5, Block 3, Deepwood Park Subdivision Amended, and Located at 110 Deepwood Ct., Kenai, AK 99611. The Application was Submitted by Brad Nyquist, P.O. Box 1821, Kenai AK 99611. G. UNFINISHED BUSINESS H. NEW BUSINESS Page 1 Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 July 14, 2021 1. Action/Approval - Special Use Permit to Kenai Chamber of Commerce and Visitor Center for the Moosemeat John Cabin. 2. Action/Approval - Recommendation for Ordinance No. 3222-2021 - Determining that Real Property Described as Lot 1A, Block 1, Deshka Subdivision, City-Owned Airport Land Located Outside the Airport Reserve, is not Needed for a Public Purpose and Authorizing the Sale of the Property to Schilling Rentals (2016), LLC. 3. Action/Approval - Recommendation for Ordinance No. 3221-2021- Determining that real property described as Lot 4A, Block 3, Cook Inlet Industrial Air Park 2014 Replat, city-owned airport land located outside the airport reserve, is not needed for a public purpose and authorizing the sale of the property to Schilling Rentals, an Alaska Partnership. 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. July 28, 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/85370273695 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 853 7027 3695 Passcode: 916890 Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING JUNE 23, 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, D. Fikes, G. Woodard Commissioners absent: A. Douthit, R. Springer 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 Chair Twait noted the following revisions to the agenda and packet: Add to item F.1. Resolution PZ2021-24 • Emails objecting to Conditional Use Permit application for fire wood bundling business (storage yard) MOTION: Commissioner Halstead MOVED to approve the agenda with requested additions and Commissioner Woodard SECONDED the motion. There were no objections; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Halstead MOVED to approve the consent agenda and Commissioner Woodard 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 Page 3 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 7 June 23, 2021 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 – A. Douthit, R. Springer B. APPROVAL OF MINUTES 1. *Regular Meeting of June 9, 2021 The minutes were approved by the Consent Agenda. C. SCHEDULED PUBLIC COMMENT – None. D. UNSCHEDULED PUBLIC COMMENT – None. Kelly Kelso discussed industrial development near her neighborhood. She noted that at a previous Planning & Zoning Commission meeting regarding such development, she felt as though the Commission listened to the wishes of the neighborhood, and asked the Commission to consider the integrity of the residential area when considering future development proposals. Barb Christian reiterated the previous public comments of her neighbor, noting that she is interested in keeping industrial development as attractive as possible. She suggested keeping colors green and brown so it blends in, and expressed concern about glaring lights and wetlands protection. E. CONSIDERATION OF PLATS – None. F. PUBLIC HEARINGS 1. Resolution PZ2021-24 - Application for a Conditional Use Permit for a firewood bundling business (storage yard) in the Rural Residential zone, on Lot 24, Block 3, VIP Ranch Estates Subd. Part 6, and located at 2825 Bowpicker Lane. The application was submitted by Tracey Hedlund-Smith, 2740 Set Net Ct., Kenai, AK 99611. MOTION: Commissioner Halstead MOVED to approve Resolution No. PZ2021-24 and Vice Chair Fikes 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 (CUP) for the purposes of splitting and bundling firewood for sale. He noted that there had been an error in sign posting which had been corrected. The criteria f or 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. Page 4 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 7 June 23, 2021 2. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 3. The applicant will meet with City staff for on-site inspections when requested. 4. 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). 5. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 6. 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. Joe Lyons spoke in opposition to the CUP, expressing concern over spruce bark beetles, hours of operation, noise from the log splitter, fire danger and lack of a buffer zone. Martha Eldridge explained that many trees that had already been removed from the area due to spruce bark beetles, and expressed concern over noise and resulting stress on the neighborhood children, removal of wildlife habitat, and fire danger. Mary Rowley expressed concern about road access to the property, the diminishing number of trees on the property affecting the noise buffer, spraying wood with chemicals and water contamination, effects on home insurance rates, and increased dust. Andrea Johnson spoke in opposition and asked the Commission to order on-site inspection. She stated that she had found discrepancies such as application statements being misleading or untrue, and the error in posting the hearing date. She expressed concern for road usage, excessive operating hours, increase of spruce bark beetles, and tree removal. Trudy Jones noted that her main concern is road access to the land, and suggested the Commission get more information about trucking safety because of the children who play in these streets. Matt Smith explained that they had purchased this property because they did not want it to be developed. He clarified that the wood is seasoned to prevent beetles. He explained that it is a family business that will not significantly increase traffic nor bring in many trees from outside, and if successful will only exist on that property only until they move to a commercial property elsewhere. Gene Backstrom explained he is concerned about the noise and traffic affecting the children in the neighborhood. He expressed doubt about claims that it is a temporary location. Barbara Backstrom expressing concern for children in the area due to noise and traffic, and commercial activities taking place in a residential area. Greg Baiser noted that his main concern was hearing the noise. He asked whether it would be possible to provide the applicant the CUP on a temporary basis. He expressed concern for large vehicle traffic and long hours of operation. Tracey Hedlund-Smith explained that she intends for this to be a small family business, and that they will not be working during all listed hours of operation. She clarified that any traffic will be Page 5 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 7 June 23, 2021 deliveries and the public will not be coming to pick up from the property. She noted that as a family with children whose home is adjacent to this property, they are very invested in maintaining low traffic and fire safety in the area. There being no one wishing to be heard, the public hearing was closed. Discussion from the Commission included the level of noise and traffic that the business would generate, its effects on the spruce bark beetle infestation, and fire hazard concerns. Clarification was provided on the annual review process for CUPs and that there are provisions in code to rescind CUPs through this process, but they are not specific to noise complaints. It was explained that there is not currently precedent in code for issuing a CUP for only a limited period of time. They considered whether conditions should be imposed regarding hours of operation, restricting the time limit of the CUP, noise complaints, and the applicant’s plan for fire hazard mitigation. MOTION TO AMEND: Vice Chair Fikes MOVED to amend Resolution PZ2021-24 by adding Condition 7 to state that hours of operation for splitting will not include Saturday or Sunday. Halstead SECONDED the motion. The Commission discussed the effect of noise on the neighborhood during the weekends. VOTE ON AMENDMENT: YEA: Greenberg, Woodard, Twait NAY: Halstead, Fikes MOTION PASSED. MOTION TO AMEND: Commissioner Greenberg MOVED to amend Resolution PZ2021-24 by adding Condition 8 that includes a requirement for practicing defensible space as defined by Division of Forestry. Vice Chair Fikes SECONDED the motion. VOTE ON AMENDMENT: YEA: Fikes, Greenberg, Woodard, Twait, Halstead NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YEA: Twait, Halstead, Fikes, Greenberg NAY: Woodard Page 6 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 5 of 7 June 23, 2021 MOTION PASSED. Commission Chair Twait noted the 15-day appeal period. MOTION TO RECONSIDER THE QUESTION: Commissioner Greenberg MOVED to reconsider the question to approve Resolution PZ2021-24. Commissioner Woodard SECONDED the motion. There were no objections; SO ORDERED. MOTION TO AMEND: Commissioner Greenberg MOVED to amend Resolution PZ2021-24 by changing Condition 7 to state that hours of operation for splitting will not include Saturday or Sunday unless the applicant uses an electric splitter. VOTE ON AMENDMENT: YEA: Twait, Halstead, Fikes, Greenberg, Woodard NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YEA: Halstead, Fikes, Greenberg, Woodard, Twait NAY: MOTION PASSED UNANIMOUSLY. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. Action/Approval - 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. MOTION: Vice Chair Fikes MOVED to recommend approval of 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.and Commissioner Halstead SECONDED the motion. Clarification was provided that the City had previously donated parcels to Kenai Peninsula Housing Initiative for low income and senior housing and those projects are now complete. They are now requesting two additional parcels, and staff recommends approving this with the addition of a 60 foot right-of-way, which would provide access to 72 acres of City-owned land. Page 7 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 6 of 7 June 23, 2021 Discussion included the potential for future development in the area and extension of water and sewer services. VOTE: YEA: Greenberg, Woodard, Twait, Halstead, Fikes NAY: MOTION PASSED UNANIMOUSLY. 2. Action/Approval - 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. 045 010 35) to Triumvirate Theatre for the Development of a Theatre Facility. MOTION: Commissioner Halstead MOVED to recommend approval of 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. 045 010 35) to Triumvirate Theatre for the Development of a Theatre Facility. Commissioner Woodard SECONDED the motion. Clarification was provided that the theatre’s previous facility burned down in February 2021 and they are looking to rebuild. The new theatre would be approximately 5,000 square feet, is centrally located and next to the site of the future dog park. The value of the donation and the timeframe for construction was discussed. VOTE: YEA: Twait, Halstead, Fikes, Greenberg, Woodard NAY: MOTION PASSED UNANIMOUSLY. I. PENDING ITEMS – None. J. REPORTS 1. City Council – Council Member Glendening reported on the actions from the June 16, 2021 City Council meeting, and upcoming Board of Adjustment hearings. 2. Borough Planning – No report. 3. City Administration – Planning Director Foster reported on the following: • Upcoming meeting on July 14, 2021 is anticipated to include one assignment, one Special Use Permit, and two proposed land sale ordinances. K. ADDITIONAL PUBLIC COMMENT – None. L. INFORMATIONAL ITEMS Page 8 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 7 of 7 June 23, 2021 M. NEXT MEETING ATTENDANCE NOTIFICATION 1. July 14, 2021 N. COMMISSION COMMENTS & QUESTIONS Commissioner Halstead thanked Director Foster for the well-presented training. Commissioner Greenberg thanked Director Foster for the training work session. Vice Chair Fikes thanked Director Foster for the training presentation. Chair Twait discussed land use maps that had previously been in Chambers, and requested they be reprinted. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 9:27 p.m. Minutes prepared and submitted by: ____________________________ Meghan Thibodeau Deputy City Clerk Page 9 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-26 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE PERMIT TO ALLOW FOR A REAR YARD SETBACK OF FIVE FEET WHERE A TWENTY-FOOT SETBACK IS REQUIRED; AND A VARIANCE TO ALLOW FOR A HEIGHT OF SEVENTEEN FEET FOR A ONE STORY ACCESSORY STRUCTURE LOCATED AT LOT 5, BLOCK 3, DEEPWOOD PARK SUBDIVISION AMENDED APPLICANT: Brad Nyquist PROPERTY ADDRESS: 110 Deepwood Court LEGAL DESCRIPTION: Lot 5, Block 3, Deepwood Park Subdivision Amended KENAI PENINSULA BOROUGH PARCEL NUMBER: 04938035 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150, Variance permit – Permit Application, was submitted to the City; and, WHEREAS, Kenai Municipal Code 14.24.020 – General Requirements requires a rear yard setback of twenty-feet (20’) in the Suburban Residential (SR) zone; WHEREAS, Kenai Municipal Code 14.20.200(a)(5) – Accessory Structures - provides that “one story in height is a maximum of twelve feet (12’) high as measured from the ground to the highest point of the subject structure roof”; and WHEREAS, the applicant has demonstrated with plans and other documents that all of the conditions have been found to exist as a prerequisite to issuance of a variance permit pursuant to Kenai Municipal Code 14.20.180(c), Variance permit – Review Criteria; and, WHEREAS, the Planning and Zoning Commission finds: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. Applicant Response: The 20 ft. ROW is not a usable space for constructing a road or usable pathway due to swamp nature. The structure in question will still be set back 20 to 25 feet from the neighbors lot line. This is basically an unusable piece of property for normal use and would love to use this low area as usable space. Moving 20 feet off my back line would encroach upon large birch trees. Staff Response: Staff discussed with the applicant the possibility of decreasing the size of the deck structure so that he could comply with Kenai Municipal Code 14.20.200(2) which Page 10 Resolution No. PZ2021-26 Page 2 of 4 states as follows: Covered but unenclosed passenger landings, or storage sheds of not more than two hundred (200) square feet, with no side or end longer than sixteen feet (16'), and not more than one (1) story in height may extend into the rear yard, but such structure shall not be closer than five feet (5') to the rear lot line; and Applicant felt that reducing the size of the deck would not leave enough usable space for him to install a railing and that would create a safety issue. The applicant has indicated that the area behind his residence is sloped and that the area where he wishes to construct the deck and accessory structure (storage shed) is the flattest part of the property. The distance between the deck and property line will be five feet; however, there is a twenty- foot right-of-way adjacent to the applicant’s property line that would provide for an additional twenty-feet from the rear neighbor’s property line. Said right-of-way is reserved for use as drainage and non-vehicular transportation corridors. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. Applicant Response: The property behind the house is sloped and the West end (back) is the flattest part of the property. If the structure is placed in other open areas of the property, I would have to remove remaining deciduous trees: I have removed 11 beetle-kill spruce trees in the last year. A structure in any other open part of the property would shade the garden and greenhouse. A structure in other open spaces on the lot would be more visible to the North and South neighbors due to height on more elevated portions of the lot. The space at the far back part of the lot is not suitable for any other purpose or activity other than this proposal. It is a low, flat area and in my opinion, this is the best management of the space on this lot. Staff Response: Staff finds that it is reasonable for the applicant to place the deck and accessory structure in the proposed location since placing it at another location on the lot would necessitate the removal of additional trees. Also, the applicant states that would not be visible by any neighbor as it is in a low area on the property; the location is twenty-feet (20’) in elevation lower than the residence. A five foot rear yard setback should not negatively impact the adjacent 20 foot ROW. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. Applicant Response: There is no restriction in zoning that I am aware of for a deck to be built and used in this space. It I put a structure on it would be a building for personal use only. Staff Response: An accessory structure (storage shed) is a permitted use within the Suburban Residential (RS) Zone of the City of Kenai. The square footage of the structures located on the property, including the proposed accessory structure is under the maximum lot coverage of 4,835 square feet as allowed in the Suburban Residential Zone (RS). Page 11 Resolution No. PZ2021-26 Page 3 of 4 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. Applicant Response: The request for reasonable use of my property with the variance of allowing a 5 foot setback instead of 20 feet for a deck structure greater than 200 sq. ft. (up to 360 sq. ft), and variance of height for a single story structure to 17 feet above grade due to the deck ht of 5 ft above grade, and would be the minimum variance and not encroach any greater. Staff Response: The granting of a variance of fifteen-feet provides for a five foot rear yard setback will provide a minimum variance that will provide for the reasonable use of the subject property. Based on the topography and existing structures on the property, the variance for setback would allow for the siting of the storage building on the property, where no other locations would be suitable. The granting of a variance of five-feet provides for a seventeen foot building height will provide a minimum variance that will provide for the reasonable use of the subject property. Based on the topography of the property, including elevation change and being a lower- lying area of the backyard, the variance for building height would allow for the construction of a 5 foot deck above grade, the storage building peak is 12 feet above the 5 foot deck height for a total of 17 feet. 5. The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. Applicant Response: The evaluation of this variance application is not based upon other variance permits within the same zoning district. Staff Response: This variance is not based upon other non-conforming land uses or structures with the same land use or zoning district. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a Variance Permit is granted to Brad Nyquist relaxing the setback requirements as set forth in Kenai Municipal Code 14.24.020 – General Requirements; and That a Variance Permit is granted to Brad Nyquist relaxing the height requirement twelve feet (12’) for a one-story structure as set forth in Kenai Municipal Code 14.20.200(a)(5). Section 2. That the variance permit is subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to commencement of construction of the deck, the owner shall obtain a Building Permit from the Building Official for the City of Kenai. 3. Prior to commencement of construction of the accessory structure (shed), the owner shall obtain a Building Permit from the Building Official for the City of Kenai. Page 12 Resolution No. PZ2021-26 Page 4 of 4 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 14th day of July, 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: July 8, 2021 SUBJECT: PZ2021-26 – Variance Permit – Rear Yard Setback and Building Height Requirements Applicant: Brad Nyquist P.O. Box 1821 Kenai, AK 9611 Legal Description: Lot 5, Block 3, Deepwood Park Subdivision Amended Property Address: 110 Deepwood Court KPB Parcel No: 04938035 Lot Size: .37 acres (approximately 16,117 square feet) Existing Zoning: Suburban Residential (RS) Current Land Use: Single Family Dwelling Land Use Plan: Suburban Residential GENERAL INFORMATION Brad Nyquist wishes to construct an approximately 320 square foot deck on his property. The deck structure would be 16 x 20 feet (approximately 320 square feet), and the walkway leading to the deck will be 4 x 10 (approximately 40 square feet). Kenai Municipal Code 14.24.020 provides that the rear yard setback is twenty feet. An application has been submitted by Mr. Nyquist for a variance of fifteen feet, which will result in a five-foot rear yard setback. Mr. Nyquist plans to construct a 10 X 20 storage building (120 square feet) on top of the deck . Kenai Municipal Code 14.20.200(a)(5) - Accessory Structures provides that “one story in height is a maximum of twelve feet (12’) high as measured from the ground to the highest point of the subject structure roof”. Since the accessory structure will be sitting on the deck which is five feet above grade, the height of the accessory structure will be approximately seventeen feet (17’). Page 14 Page 2 of 4 Application, Public Notice, Public Comment City staff received a complete application for a Variance Permit. Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing were mailed to property owners within a 300 feet of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. The applicant submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the maximum lot coverage variance request. ANALYSIS KMC 14.20.180 details the intent, application, and review criteria for a Variance Permit. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a Variance Permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. Applicant Response: The 20 ft. ROW is not a usable space for constructing a road or usable pathway due to swamp nature. The structure in question will still be set back 20 to 25 feet from the neighbor’s lot line. This is basically an unusable piece of property for normal use and would love to use this low area as usable space. Moving 20 feet off my back line would encroach upon large birch trees. Staff Response: Staff discussed with the applicant the possibility of decreasing the size of the deck structure so that he could comply with Kenai Municipal Code 14.20.200(2) which states as follows: Covered but unenclosed passenger landings, or storage sheds of not more than two hundred (200) square feet, with no side or end longer than sixteen feet (16'), and not more than one (1) story in height may extend into the rear yard, but such structure shall not be closer than five feet (5') to the rear lot line; and Applicant stated that reducing the size of the deck would not leave enough usable space for him to install a railing and that would create a safety issue. The applicant has indicated that the area behind his residence is sloped and that the area where he wishes to construct the deck and accessory structure (storage shed) is the flattest part of the property. The distance between the deck and property line will be five feet; however, there is a twenty- foot right-of-way adjacent to the applicant’s property line that would provide for an additional twenty-feet from the rear neighbor’s property line. Said right-of-way is reserved for use as drainage and non-vehicular transportation corridors. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. Applicant Response: The property behind the house is sloped and the West end (back) is Page 15 Page 3 of 4 the flattest part of the property. If the structure is placed in other open areas of the property, I would have to remove remaining deciduous trees: I have removed 11 beetle-kill spruce trees in the last year. A structure in any other open part of the property would shade the garden and greenhouse. A structure in other open spaces on the lot would be more visible to the North and South neighbors due to height on more elevated portions of the lot. The space at the far back part of the lot is not suitable for any other purpose or activity other than this proposal. It is a low, flat area and in my opinion, this is the best management of the space on this lot. Staff Response: Staff finds that it is reasonable for the applicant to place the deck and accessory structure in the proposed location since placing it at another location on the lot would necessitate the removal of additional trees or structures. Also, the applicant states that it would not be visible by any neighbor as it is in a low area on the property; the location is twenty-feet (20’) in elevation lower than the residence. A five foot rear yard setback should not negatively impact the adjacent 20 foot ROW. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. Applicant Response: There is no restriction in zoning that I am aware of for a deck to be built and used in this space. It I put a structure on it would be a building for personal use only. Staff Response: An accessory structure (storage shed) is a permitted use within the Suburban Residential (RS) Zone of the City of Kenai. The square footage of the structures located on the property, including the proposed accessory structure is under the maximum lot coverage of 4,835 square feet as allowed in the Suburban Residential Zone (RS). 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. Applicant Response: The request for reasonable use of my property with the variance of allowing a 5 foot setback instead of 20 feet for a deck structure greater than 200 sq. ft. (up to 360 sq. ft), and variance of height for a single story structure to 17 feet above grade due to the deck ht of 5 ft above grade, and would be the minimum variance and not encroach any greater. Staff Response: The granting of a variance of fifteen-feet provides for a five foot rear yard setback will provide a minimum variance that will provide for the reasonable use of the subject property. Based on the topography and existing structures on the property, the variance for setback would allow for the siting of the storage building on the property, where no other locations would be suitable. The granting of a variance of five-feet provides for a seventeen foot building height will provide a minimum variance that will provide for the reasonable use of the subject property. Based on the topography of the property, including elevation change and being a lower- lying area of the backyard, the variance for building height would allow for the construction of a 5 foot deck above grade, the storage building peak is 12 feet above the 5 foot deck height for a total of 17 feet. Page 16 Page 4 of 4 5.The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. Applicant Response: The evaluation of this variance application is not based upon other variance permits within the same zoning district. Staff Response: This variance is not based upon other non-conforming land uses or structures with the same land use or zoning district. City staff finds the applicant meets the criteria for issuance of a Variance Permit in accordance with KMC 14.20.180, Variance permits, and recommends that the Planning and Zoning Commission approve the Variance Permit application, subject to the following conditions: 1.Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2.Prior to commencement of construction of the deck, the owner shall obtain a Building Permit from the Building Official for the City of Kenai. 3.Prior to commencement of construction of the accessory structure (shed), the owner shall obtain a Building Permit from the Building Official for the City of Kenai. ATTACHMENTS A. Application B. Site Plan C. Aerial Map Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 PLANNING & ZONING COMMISSION Resolution PZ2021-26 –Variance Permit –Rear Yard Setback and Building Height 110 Deepwood Court 1 Page 23 SUMMARY 2 Applicant:Brad Nyquist P.O. Box 1821 Kenai, AK 9611 Legal Description: Lot 5, Block 3, Deepwood Park Subdivision Amended Property Address: 110 Deepwood Court KPB Parcel No: 04938035 Lot Size:.37 acres (16,117 square feet) Existing Zoning: Suburban Residential Current Land Use: Single Family Dwelling Land Use Plan: Suburban Residential Page 24 SUMMARY 3 Brad Nyquist wishes to construct an approximately 320 square foot deck on his property. The deck structure would be 16 x 20 feet (approximately 320 square feet), and the walkway leading to the deck will be 4 x 10 (approximately 40 square feet). Kenai Municipal Code 14.24.020 provides that the rear yard setback is twenty feet. An application has been submitted by Mr. Nyquist for a variance of fifteen feet, which will result in a five-foot rear yard setback. Mr. Nyquist plans to construct a 10 X 20 storage building (120 square feet) on top of the deck. Kenai Municipal Code 14.20.200(a)(5) -Accessory Structures provides that “one story in height is a maximum of twelve feet (12’) high as measured from the ground to the highest point of the subject structure roof”. Since the accessory structure will be sitting on the deck which is five feet above grade, the height of the accessory structure will be approximately seventeen feet (17’). Page 25 SITE PLAN Site plan identifies the layout of the property and the proposed deck/accessory structure. 4 Page 26 STAFF ANALYSIS KMC 14.20.180 details the intent, application, and review criteria for a Variance Permit. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a Variance Permit: 5 Page 27 REVIEW CRITERIA Criteria #1: Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. Criteria #2: The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. Criteria #3: The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located . Criteria #4: The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. Criteria #5: The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. 6 Page 28 RECOMMENDATIONS City staff finds the applicant meets the criteria for issuance of a Variance Permit in accordance with KMC 14.20.180, Variance permits, and recommends that the Planning and Zoning Commission approve the Variance Permit application, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to commencement of construction of the deck, the owner shall obtain a Building Permit from the Building Official for the City of Kenai. 3. Prior to commencement of construction of the accessory structure (shed), the owner shall obtain a Building Permit from the Building Official for the City of Kenai. 7 Page 29 ATTACHMENTS A. Resolution 2021-26 B. Application C. Site Plan D. Aerial Map 8 Page 30 A. RESOLUTION 9 Page 31 A. RESOLUTION CONTINUED 10 Page 32 B. APPLICATION 11 Page 33 B. APPLICATION CONTINUED 12 Page 34 C. SITE PLAN 13 Page 35 D. AERIAL MAP 14 Page 36 MEMORANDUM TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: July 8, 2021 SUBJECT: Special Use Permit for Kenai Chamber of Commerce and Visitor Center for the Moosemeat John Cabin The Kenai Chamber of Commerce and Visitor Center has requested a Special Use Permit to use and operate the Moosemeat John Cabin located on approximately 10,000 square feet (100 feet x 100 feet) of Lot 1, Gusty Subdivision No. 8, a City-owned parcel upon which the Kenai Visitor and Cultural Center is also located. Since 2013, the Kenai Chamber of Commerce and Visitor Center has allowed the use of the Moosemeat John Cabin during the summer months by the Kenai Historical Society in conjunction with its operations in Old Town Kenai. The Kenai Chamber of Commerce operated on the premises from 1977 until 2012. In 2012, the Kenai Chamber of Commerce merged with the Kenai Convention and Visitor’s Bureau to form the new entity, “ Kenai Chamber of Commerce and Visitor Center”. A Special Use Permit that was granted for the use of the Moosemeat John Cabin for twelve months between July 31, 2020 and July 30, 2021. The Kenai Chamber of Commerce and Visitor Center would like a Special Use Permit for the same use of the Moosemeat John Cabin for July 31, 2021 to July 30, 2022. The Kenai Chamber of Commerce and Visitor Center complied with the terms of the Special Use Permit for the Moosemeat John Cabin for previous years of issuance. If the City Council approves the attached Special Use Permit with Kenai Chamber of Commerce and Visitor Center for the Moosemeat John Cabin, the City Manager will sign the Special Use Permit granting the continued use of the cabin by the Kenai Chamber on behalf of the City. 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 Kenai Chamber of Commerce and Visitor Center? Attachments A. Special Use Permit Application B. Aerial map Page 37 Page 2 of 2 C. Special Use Permit for Moosemeat John Cabin Page 38 Page 39 MAIN ST Page 40 Special Use Permit - Kenai Chamber of Commerce & Visitor Center Page 1 of 5 SPECIAL USE PERMIT The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below , hereby grants the Kenai Chamber of Commerce and Visitor Center (PERMITTEE) the right to use the Premises, identified on the attached Exhibit A to this Permit, and described as: The southeast 100 foot x 100 foot portion of Lot 1, Gusty Subdivision, Addition No. 8, Kenai Recording District, according to Plat No. 91-9, to use and operate the "Moosemeat John" Cabin. 1. Use/Term. Permittee shall have use of the Premises on the 31st day of July 2021 through the 30th day of July 2022. 2. Fee. The Permittee shall not be charged a fee for the use or privilege specified herein. 3. No Exclusivity. The use by the Permittee of the Premises is limited to the purposes specified herein and is not intended to grant any exclusive use to the described Premises except as otherwise provided herein. This use is also 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. 4. Improvements. Permittee shall not make any permanent improvements to the Premises. 5. Preparation of Premises. It is Permittee's responsibility to prepare the Premises and to assure itself to its own satisfaction that the Premises are safe for its purposes. The City does not make any warranty or guaranty of the suitability of the Premises for Permittee's intended purposes. 6. Trash and Debris. The Premises must be returned to its original condition at the end of each use. Clean up and/or repair charges beyond normal wear and tear will be billed to Permittee based upon cost of repair. Debris and trash shall be collected and removed from the Premises by Permittee. Permittee shall alert City (Parks and Recreation Department) of unsightly, unsanitary, dirty or other conditions on the Premises which exist prior to Permittee's use. 7. No Alcohol or Illegal Substances. No possession or consumption of alcoholic beverages, marijuana or illegal substances is permitted on the Premises. 8. 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. 9. Personalty. Any or all personal property placed or used upon lands or in facilities may be removed and/or impounded by the City, and when so removed and/or impounded , such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or its invitees to the Premises. Page 41 Special Use Permit - Kenai Chamber of Commerce & Visitor Center Page 2 of 5 10. Assumption of Risk. Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee , its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the Premises. 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. 11. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements 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. 12. 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, City is entitled to coverage to the extent of the higher limits. A. 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. 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 thirty (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 prior to any use. Page 42 Special Use Permit - Kenai Chamber of Commerce & Visitor Center Page 3 of 5 City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Permit. City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, Permittee shall submit to City evidence of insurance coverage that meets the requirements of the City. 13. 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. 14. Contact Information. The Contact information for the Permittee, and the person in responsible charge for Permittee during the term of the Permit , for purposes of notice and all communications from City to Permittee is: Brittany Brown Executive Director Kenai Chamber of Commerce & Visitor Center 11471 Kenai Spur Hwy. Kenai, AK 99611 15. Indemnity, Defend, and Hold Harmless Agreement: Permittee agrees to fully indemnify , defend, and hold harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments , penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities"), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with or arising from or out of Permittee's activities on or use of the Premises. This shall be a continuing obligation and shall remain in effect after termination of this Permit. 16. Authority. By signing this Permit, Permittee represents that it has read this agreement and it agrees to be bound by the terms and conditions herein and that the person signing this Permit is duly authorized by the organization to bind the organization hereunder. CITY OF KENAI KENAI CHAMBER OF COMMERCE & VISITOR CENTER By: _ By: Paul Ostrander City Manager Date _ (Title) Date Page 43 Special Use Permit - Kenai Chamber of Commerce & Visitor Center Page 4 of 5 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 Title) on behalf of Notary Public for Alaska My Commission Expires: _ Page 44 Special Use Permit – Kenai Chamber of Commerce & Visitor Center Page 5 of 5 ATTEST: Jamie Heinz, CMC, City Clerk SEAL: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Page 45 MEMORANDUM TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: June 24, 2021 SUBJECT: Ordinance No. 3222-2021 - Determining that real property described as Lot 1A, Block 1, Deshka Subdivision, city-owned airport land located outside the airport reserve, is not needed for a public purpose and authorizing the sale of the property to Schilling Rentals (2016), LLC The City has received a request to purchase the above City-owned leased land outside the Airport Reserve with substantial constructed leasehold improvements pursuant to the City’s Policy for Sale of Specific Airport Leased Lands, approved by Resolution No. 2018-12. Schilling Rentals (2016), LLC is the current lessee of Lot 1A, Block 1, Deshka Subdivision, which was entered into on November 3, 1975, with assignment to Schilling Rentals on July 7, 2017. The current use is for a jewelry store. The 55-year lease term expires on June 30, 2030 and is in good standing. On May 20, 1966 the Federal Aviation Administration (FAA), released the property for sale for other than airport purposes, allowing the property to be sold at fair market value. All revenues from the sale would be deposited in the Airport Land Sale Permanent Fund for use in the development, improvement, and operation of the Kenai Municipal Airport as required by the Deed of Release. The City’s Policy does not provide for the sale of any specific property, but only a method for such sale, subject to the Ordinances of the City of Kenai. The policy is in effect until July 6, 2021. Any specific sale must be separately approved by the City Council, which may approve or disapprove any such sale, in its sole discretion. Schilling Rentals requests to purchase the property at its fair market value excluding lessee-constructed improvements as determined by an appraisal and a minimum new investment in the construction of new permanent improvements on the premises equal to 25% of the fair market value of the land within three years of sale. Schilling Rentals submitted a good-faith deposit and the City ordered an appraisal to be performed on the property as-if vacant. The fair market value of the property was determined to be $250,000 by an appraisal performed by MacSwain Associates, LLC on May 18, 2021. Based on the amount of the appraisal, Schilling Rentals (2016), LLC proposes to meet the minimum new investment requirement equal to $62,500 on the premises within three years of the sale. The City will verify the value of the improvements using an estimate from a licensed contractor. Page 46 Page 2 of 2 If the City Council approves Ordinance 3222-2021, City Administration may proceed with a sale. Please review the attached materials. Does the Commission recommend Council approve the subject property is not needed for a public purpose and authorizing the sale of the property to Schilling Rentals (2016), LLC? Attachment A: Aerial Map of 419 Frontage Road Attachment B: Email request to begin the process for purchasing 419 Frontage Road Attachment C: Ordinance 3222-2021 Page 47 ORDINANCE 3222-2021KPB # 04705501Lot 1A, Block 1, Deshka Subdivision LAKE STF R O N T A G E R D M A R I N E A V E K E N A I S P U R H W YCAVI AR ST.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 4020 Feet LEGEND Su bject Parcel Date: 6/25/2021 Page 48 From:Duane Bannock To:Ryan Foster Subject:Purchase of City lease Lots - Schilling Rentals Date:Wednesday, April 28, 2021 8:13:20 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good Morning Mr Foster Thank you for the time on the phone to discuss the process and procedure that may lead to Schilling Rentals purchasing the following properties from the City of Kenai: 1. 100 Trading Bay Rd KPB Parcel ID: 04323031 2. 419 Frontage Rd KPB Parcel ID: 04705501 Schilling Rentals, an Alaska Partnership is the current leaseholder of the above properties. Property #1 has met the improvement threshold; it has been suggested that KPB property tax values may be acceptable to establish the city’s requirement Property #2 likely has not met the improvement threshold and we seek your guidance on the necessary investment amount As discussed yesterday, the City will accept $1,750.00 for each of the above properties to initiate the required appraisal as well as conform with the timeline as described in Resolution 2018-12. Also, your office notified me that there a credit of $900.00 in the name of Schilling Rentals; we request that credit be applied to this transaction. Accordingly, I will deliver a check from Schilling Rentals in the amount of $2,600.00 as a deposit. Once the appraisal has been reviewed and agreed to, we will cheerfully sign the Purchase and Sale Agreement. Thank you Duane Bannock Schilling Rentals 47 Spur View Drive Kenai, AK 99611 907 283 3660 Uptown Motel office 907 398 2316 cell Page 49 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3222-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DETERMINING THAT REAL PROPERTY DESCRIBED AS LOT 1A, BLOCK 1, DESHKA SUBDIVISION, ACCORDING TO PLAT NO. K-1577 CITY-OWNED AIRPORT LAND LOCATED OUTSIDE THE AIRPORT RESERVE, IS NOT NEEDED FOR A PUBLIC PURPOSE AND AUTHORIZING THE SALE OF THE PROPERTY TO SCHILLING RENTALS (2016), LLC. WHEREAS, the City of Kenai received a quitclaim deed from the Federal Aviation Administration FAA) on December 1, 1963, to nearly 2,000 acres of land subject to certain restrictions, including that no property shall be used, leased, sold salvaged, or disposed of for reasons other than for airport purposes; and, WHEREAS, on May 20, 1966, the FAA executed a Deed of Release, for an area of land subject to the Quitclaim Deed allowing for the lease, sale, or disposal of Lot 1A, Block 1, Deshka Subdivision, for other than airport purposes; and, WHEREAS, the City has received a request to purchase Lot 1A, Block 1, Deshka Subdivision, according to Plat K-1577 (the Property) from the current Lessee; and, WHEREAS, KMC 22.05.110 – Determination as to need for public purpose, provides that the City Council, may determine whether land is no longer needed for public purpose; and, WHEREAS, the Property is leased to Schilling Rentals (2016), LLC and developed for private commercial use and is not needed for a public purpose; and, WHEREAS, Resolution No. 2018-12 amended the City’s Policy for sale of specific Airport Land Lots and the subject property is one of the properties addressed in the policy; and, WHEREAS, the sale of this property is in the best interest of the City and Airport and encourages new development and/or improvements to the property; and, WHEREAS, KMC 22.05.100 – Sale procedure, the minimum acceptable offer for the land shall be the fair market value. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Statement of Ownership: That the City of Kenai is the owner of Lot 1A, Block 1, Deshka Subdivision, according to Plat K-1577 (the Property). Section 2. Public Purpose and Best Interest Findings: That the Property is not needed for future public municipal or airport purposes. Under the Airport Layout Plan, the Property is designated for non-aviation commercial or light-industrial uses. The sale of the Property is in the best interests Page 50 Ordinance No. 3222-2021 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] of the City and Airport, as it serves a purpose of continuing commercial growth and investment in the City. Section 3. Authorization of Sale: That the Kenai City Council hereby authorizes the City Manager to sell the City-owned lands described as Lot 1A, Block 1, Deshka Subdivision, according to Plat K-1577, under the procedures and terms established for the sale of lands, as set forth in KMC 22.05.100 et seq. and subject to the following additional essential terms and conditions of sale under the Policy for Sale of Specific Airport Leased Lands approved by City of Kenai Resolution No. 2018-12: a) The sale will be made through a negotiated sale to Schilling Rentals (2016), LLC for a sum not less than the fair market value of the land excluding lessee-constructed improvements as determined by an appraisal and a minimum new investment in the construction of new permanent improvements on the premises equal to 25% of the fair market value of the land within three (3) years of sale. Section 4. Title: That title shall be conveyed by quitclaim deed. Any instrument conveying title to the Property shall include the following restrictions, promises, and/or covenants: a) that the City of Kenai reserves unto that the grantee expressly agree for itself and its heirs, executors, administrators, successors, transferees, and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the Property, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on or at and for taking off from or operating on Kenai Municipal Airport; and, b) that the grantee expressly agree for itself and its heirs, executors, administrators, successors, transferees, and assigns to restrict the height of structures, objects of natural grown, and other obstructions on the Property to a height of not more than 242 feet above mean sea level; and, c) that the grantee expressly agree for itself and its heirs, executors, administrators, successors, transferees, and assigns to prevent any use of the Property which would interfere with landing or taking off of aircraft at the Kenai Munici pal Airport, or otherwise constitute an airport hazard; and, d) that all covenants heretofore stated shall run with the land and shall inure to the benefit of, and be binding upon the heirs, executors, administrators, successors, transferees, and assigns of the parties to the contract for sale and conveyance. Section 5. Proceeds of Sale: That should a sale of the Property be finalized, all revenues from the sale shall be deposited in the Airport Land Sale Permanent Fund for use in the development, improvement, and operation of the Kenai Municipal Airport and as otherwise required in the Deed of Release dated May 20, 1966. Section 6. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of August, 2021. Page 51 Ordinance No. 3222-2021 Page 3 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Introduced: July 7, 2021 Enacted: August 4, 2021 Effective: September 4, 2021 Page 52 MEMORANDUM TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: June 24, 2021 SUBJECT: Ordinance No. 3221-2021 - Determining that real property described as Lot 4A, Block 3, Cook Inlet Industrial Air Park 2014 Replat, city-owned airport land located outside the airport reserve, is not needed for a public purpose and authorizing the sale of the property to Schilling Rentals, an Alaska Partnership The City has received a request to purchase the above City-owned leased land outside the Airport Reserve with substantial constructed leasehold improvements pursuant to the City’s Policy for Sale of Specific Airport Leased Lands, approved by Resolution No. 2018-12. Schilling Rentals, an Alaska Partnership is the current lessee of Lot 4A, Block 3, Cook Inlet Air Park 2014 Replat, which was entered into on March 1, 1967. The current use is for a medical office and clinic building and includes substantial recent improvements to the building made by the Lessee. The 55-year lease term expires on June 30, 2022 and is in good standing. On August 20, 1970, the Federal Aviation Administration (FAA), released the property for sale for other than airport purposes, allowing the property to be sold at fair market value. All revenues from the sale would be deposited in the Airport Land Sale Permanent Fund for use in the development, improvement, and operation of the Kenai Municipal Airport as required by the Deed of Release. The City’s Policy does not provide for the sale of any specific property, but only a method for such sale, subject to the Ordinances of the City of Kenai. The policy is in effect until July 6, 2021. Any specific sale must be separately approved by the City Council, which may approve or disapprove any such sale, in its sole discretion. Schilling Rentals requests to purchase the property at its fair market value excluding lessee-constructed improvements as determined by an appraisal and value of improvements greater than or equal to four times the appraised fair market value of the land. Schilling Rentals submitted a good-faith deposit and the City ordered an appraisal to be performed on the property as-if vacant. The fair market value of the property was determined to be $300,000 by an appraisal performed by MacSwain Associates, LLC on May 18, 2021. Based on the amount of the appraisal, Schilling Rentals proposes to meet the minimum value of improvements Page 53 Page 2 of 2 requirement greater than or equal to four times the appraised fair market value of the land, which is $1,200,000. Attachment B identifies a total improvement value of $2,005,700. If the City Council approves the sale, City Administration may proceed with a sale. Please review the attached materials. Does the Commission recommend Council approve the subject property is not needed for a public purpose and authorizing the sale of the property to Schilling Rentals, an Alaska Partnership? Attachment A: Aerial Map of 100 Trading Bay Road Attachment B: Email request to begin the process for purchasing 100 Trading Bay Road Attachment C: Submitted value of improvements of 100 Trading Bay Road Attachment D: Ordinance 3221-2021 Page 54 ORDINANCE 3221-2021KPB # 04323031Lot 4A, Block 3, Cook Inlet Industrial Air Park 2014 Replat MAIN STREET LOOP RDTRADING BAY RDBIDARKA STFIDALGO AVE .Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 8040 Feet LEGEND Su bject Parcel Date: 6/25/2021 Page 55 From:Duane Bannock To:Ryan Foster Subject:Purchase of City lease Lots - Schilling Rentals Date:Wednesday, April 28, 2021 8:13:20 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good Morning Mr Foster Thank you for the time on the phone to discuss the process and procedure that may lead to Schilling Rentals purchasing the following properties from the City of Kenai: 1. 100 Trading Bay Rd KPB Parcel ID: 04323031 2. 419 Frontage Rd KPB Parcel ID: 04705501 Schilling Rentals, an Alaska Partnership is the current leaseholder of the above properties. Property #1 has met the improvement threshold; it has been suggested that KPB property tax values may be acceptable to establish the city’s requirement Property #2 likely has not met the improvement threshold and we seek your guidance on the necessary investment amount As discussed yesterday, the City will accept $1,750.00 for each of the above properties to initiate the required appraisal as well as conform with the timeline as described in Resolution 2018-12. Also, your office notified me that there a credit of $900.00 in the name of Schilling Rentals; we request that credit be applied to this transaction. Accordingly, I will deliver a check from Schilling Rentals in the amount of $2,600.00 as a deposit. Once the appraisal has been reviewed and agreed to, we will cheerfully sign the Purchase and Sale Agreement. Thank you Duane Bannock Schilling Rentals 47 Spur View Drive Kenai, AK 99611 907 283 3660 Uptown Motel office 907 398 2316 cell Page 56 Page 57 Page 58 Page 59 Page 60 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3221-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DETERMINING THAT REAL PROPERTY DESCRIBED AS LOT 4A, BLOCK 3, COOK INLET INDUSTRIAL AIR PARK 2014 REPLAT, ACCORDING TO PLAT NO. 2014-21 CITY-OWNED AIRPORT LAND LOCATED OUTSIDE THE AIRPORT RESERVE, IS NOT NEEDED FOR A PUBLIC PURPOSE AND AUTHORIZING THE SALE OF THE PROPERTY TO SCHILLING RENTALS, AN ALASKA PARTNERSHIP. WHEREAS, the City of Kenai received a quitclaim deed from the Federal Aviation Administration (FAA) on December 1, 1963, to nearly 2,000 acres of land subject to certain restrictions, including that no property shall be used, leased, sold salvaged, or disposed of for reasons other than for airport purposes; and, WHEREAS, on August 20, 1970, the FAA executed a Deed of Release, for an area of land subject to the Quitclaim Deed allowing for the lease, sale, or disposal of Lot 4A, Block 3, Cook Inlet Industrial Air Park Subdivision, 2014 Replat, for other than airport purposes; and, WHEREAS, the City has received a request to purchase Lot 4A, Block 3, Cook Inlet Industrial Air Park 2014 Replat, according to Plat No. 2014-21 (the Property) from the current Lessee; and, WHEREAS, KMC 22.05.110 – Determination as to need for public purpose, provides that the City Council, may determine whether land is no longer needed for public purpose; and, WHEREAS, the Property is leased to Schilling Rentals, an Alaska Partnership and developed for private commercial use and is not needed for a public purpose; and, WHEREAS, Resolution No. 2018-12 amended the City’s Policy for sale of specific Airport Land Lots and the subject property is one of the properties addressed in the policy; and, WHEREAS, the sale of this property is in the best interest of the City and Airport and encourages new development and/or improvements to the property; and, WHEREAS, KMC 22.05.100 – Sale procedure, the minimum acceptable offer for the land shall be the fair market value. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Statement of Ownership: That the City of Kenai is the owner of Lot 4A, Cook Inlet Industrial Air Park 2014 Replat, according to Plat No. 2014-21 (the Property). Section 2. Public Purpose and Best Interest Findings: That the Property is not needed for future public municipal or airport purposes. Under the Airport Layout Plan, the Property is designated for non-aviation commercial or light-industrial uses. The sale of the Property is in the best interests Page 61 Ordinance No. 3221-2021 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] of the City and Airport, as it serves a purpose of continuing commercial growth and investment in the City. Section 3. Authorization of Sale: That the Kenai City Council hereby authorizes the City Manager to sell the City-owned lands described as Lot 4A, Block 3, Cook Inlet Industrial Air Park 2014 Replat, according to Plat 2014-21, under the procedures and terms established for the sale of lands, as set forth in KMC 22.05.100 et seq. and subject to the following additional essential terms and conditions of sale under the Policy for Sale of Specific Airport Leased Lands approved by City of Kenai Resolution No. 2018-12: a) The sale will be made through a negotiated sale to Schilling Rentals, an Alaska Partnership for a sum not less than the fair market value of the land excluding lessee- constructed improvements as determined by an appraisal and meet the minimum value of improvements requirement greater than or equal to four times the appraised fair market value of the land, which is $1,200,000. Section 4. Title: That title shall be conveyed by quitclaim deed. Any instrument conveying title to the Property shall include the following restrictions, promises, and/or covenants: a) that the City of Kenai reserves unto that the grantee expressly agree for itself and its heirs, executors, administrators, successors, transferees, and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the Property, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on or at and for taking off from or operating on Kenai Municipal Airport; and, b) that the grantee expressly agree for itself and its heirs, executors, administrators, successors, transferees, and assigns to restrict the height of structures, objects of natural grown, and other obstructions on the Property to a height of not more than 242 feet above mean sea level; and, c) that the grantee expressly agree for itself and its heirs, executors, administrators, successors, transferees, and assigns to prevent any use of the Property which would interfere with landing or taking off of aircraft at t he Kenai Municipal Airport, or otherwise constitute an airport hazard; and, d) that all covenants heretofore stated shall run with the land and shall inure to the benefit of, and be binding upon the heirs, executors, administrators, successors, transferees, and assigns of the parties to the contract for sale and conveyance. Section 5. Proceeds of Sale: That should a sale of the Property be finalized, all revenues from the sale shall be deposited in the Airport Land Sale Permanent Fund for use in the development, improvement, and operation of the Kenai Municipal Airport and as otherwise required in the Deed of Release dated August 20, 1970. Section 6. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of August, 2021. Page 62 Ordinance No. 3221-2021 Page 3 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Introduced: July 7, 2021 Enacted: August 4, 2021 Effective: September 4, 2021 Page 63 Kenai City Council - Regular Meeting Page 1 of 4 July 07, 2021 Kenai City Council - Regular Meeting July 07, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 4** www.kenai.city Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes) per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY AS AMENDED. 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) [Clerk's Note: At the June 16th Meeting, this Ordinance was Postponed to this Meeting; a Motion to Enact is On the Floor.] 2. ENACTED UNANIMOUSLY AS AMENDED. 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) [Clerk's Note: At the June 16th Meeting, this Ordinance was Postponed to this Meeting; a Motion to Enact is On the Floor.] Page 64 Kenai City Council - Regular Meeting Page 2 of 4 July 07, 2021 3. ENACTED UNANIMOUSLY. Ordinance No. 3225-2021 - Accepting and Appropriating a Go Further Fund Building Capacity Grant from Meals on Wheels America for the Kenai Senior Center’s Ability to Meet the Increased Need Brought on by COVID-19, Expanding Comprehensive Services and Drive Innovation in the Areas of Nutrition and Socialization. (Administration) 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Adoption (Requires Five Affirmative Votes) 4. ADOPTED UNANIMOUSLY. Resolution No. 2021-46 - Adopting Joint Resolution No. 2021-001 of the Assembly of the Kenai Peninsula Borough and Councils of the Cities of Homer, Kenai, Seldovia, Seward and Soldotna Respectively, for the Purpose of Intergovernmental Administration of Borough and City Elections. (City Clerk) 5. ADOPTED UNANIMOUSLY. Resolution No. 2021-47 - Accepting Coronavirus State and Local Fiscal Recovery Funds Award to Non-Entitlement Units of Local Government From the State Of Alaska Department of Commerce, Community and Economic Development. (Administration) 6. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2021-48 - Authorizing a Service Agreement for the Personal Use Fishery Dumpsters and Portable Restrooms. (Administration) 7. ADOPTED UNANIMOUSLY. Resolution No. 2021-49 - Authorizing A Contract Award to Supply Operational Chemicals for the City’s Water Treatment and Wastewater Treatment Facilities. (Administration) 8. ADOPTED UNANIMOUSLY. Resolution No. 2021-50 - Authorizing a Service Contract Extension to Provide Refueling Services for City Facility Fuel Tanks. (Administration) 9. ADOPTED UNANIMOUSLY. Resolution No. 2021-51 - Amending the Schedule of Rates, Charges, and Fees to Incorporate Changes to Facility Rental Gym Fees at the Kenai Recreation Center. (Administration) 10. ADOPTED UNANIMOUSLY. Resolution No. 2021-52 - Opposing Amendment 14 to the Fishery Management Plan for Salmon Fisheries in the EEZ Off Alaska. (Mayor Gabriel and All Council Members) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of June 16, 2021. (City Clerk) F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration) Page 65 Kenai City Council - Regular Meeting Page 3 of 4 July 07, 2021 2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Purchase Orders Over $15,000. (Administration) 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 8/4/2021. *Ordinance No. 3221-2021 - Determining that Real Property Described as Lot 4A, Block 3, Cook Inlet Industrial Air Park 2014 Replat, According to Plan No. 2014-21, City-Owned Airport Land Located Outside the Airport Reserve, is Not Needed for a Public Purpose and Authorizing the Sale of the Property to Schilling Rentals, an Alaska Partnership. (Administration) 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 8/4/2021. *Ordinance No. 3222-2021 - Determining that Real Property Described as Lot 1A, Block 1, Deshka Subdivision, According to Plat No. K-1577, City-Owned Airport Land Located Outside the Airport Reserve, is Not Needed for a Public Purpose and Authorizing the Sale of the Property to Schilling Rentals (2016), LLC. (Administration) 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 8/4/2021. *Ordinance No. 3223-2021 - Increasing Fiscal Year 2021 Estimated Revenues and Appropriations in the General Fund – Police Department and Accepting a Grant from the US Department pf Transportation Passed through the State of Alaska Department of Transportation and Public Facilities for Traffic Enforcement Overtime Expenditures. (Administration) 6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 8/4/2021. *Ordinance No. 3224-2021 - Repealing and Reenacting Kenai Municipal Code Title 6 - Elections, to Provide Clarity, Housekeeping, and Process Improvements. (Vice Mayor Molloy and City Clerk) 7. AGREED TO RESUME NORMAL SEATING IN COUNCIL CHAMBERS. Action/Approval - Resume Normal Seating in Council Chambers for All Council and Commission Meetings. (City Clerk) 8. APPROVED CONTINUATION OF PUBLIC PARTICIPATION BY ZOOM FOR NON- ADJUDICATORY MEETINGS UNTIL MARCH 2022. Action/Approval - Public Participation by Zoom for Council and Commission Meetings. (City Clerk) 9. WORK SESSION SCHEDULED FOR 8/4/2021. Discussion - Introduction of Kenai Waterfront Revitalization and Economic Development Incentives and Request to Schedule a Work Session. (Administration) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission Page 66 Kenai City Council - Regular Meeting Page 4 of 4 July 07, 2021 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. BOARD OF ADJUSTMENT HEARING SET FOR 8/16/2021 AT 6:00 P.M. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION M. PENDING ITEMS N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting https://us02web.zoom.us/j/85259568763 Meeting ID: 852 5956 8763 Passcode: 496867 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 852 5956 8763 Passcode: 496867 Page 67 144 N. Binkley Street, Soldotna, Alaska 99669  (907) 714-2215  (907) 714-2378 Fax Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building Office of the Borough Clerk Melanie Aeschliman, Planning Director • Charlie Pierce, Borough Mayor Paulette Bokenko-Carluccio – City of Seldovia ~ Robert Ruffner – Anchor Point/Ninilchik/Kasilof/Clam Gulch Pamela Gillham – Ridge Way ~ Cindy Ecklund – City of Seward ~ Franco Venuti, Alternate – City of Homer Plat Committee Final Agenda June 28, 2021 6:30 p.m. Zoom Meeting Link: https://zoom.us/j/2084259541 Zoom Toll Free Phone Numbers: 888 788 0099 or 877 853 5247 Zoom Meeting ID: 208 425 9541 The hearing procedure for the Plat Committee public hearings is as follows: 1) Staff will present a report on the item. 2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative – 10 minutes 3) Public testimony on the issue. – 5 minutes per person 4) After testimony is completed, the Planning Commission may follow with questions. A person may only testify once on an issue unless questioned by the Planning Commission. 5) Staff may respond to any testimony given and the Commission may ask staff questions. 6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence. 7) The Chair closes the hearing and no further public comment will be heard. 8) The Chair entertains a motion and the Commission deliberates and makes a decision. All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or her name and mailing address on the sign-in sheet located by the microphone provided for public comment. They must begin by stating their name and address for the record at the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities. Decorum must be maintained at all times and all testifiers shall be treated with respect. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and non- controversial by the Plat Committee and may be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner removes the item from the consent agenda. The removed item will then be considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item, please advise the recording secretary before the meeting begins, and she will inform the Chair of your wish to comment. *1. Agenda *2. Member / Alternate Excused Absences Robert Ruffner – Anchor Point/Ninilchik/Clam Gulch/Kasilof *3. Minutes 6-14-21 Plat Committee Meeting Minutes D. OLD BUSINESS - None Page 68 Plat Committee Final Agenda June 28, 2021 Page 2 E. NEW BUSINESS 1. Kinder Subdivision; KPB File 2021-079 Tony Wilson / Bartolowits Location: Fairway Ave. & Cohoe Loop Rd. Cohoe Area 2. Skyline Drive Subdivision No. 7A; KPB File 2021-083 Ability Surveys / Dubber Location: Westhill Rd. City of Homer 3. Fourth of July Creek Subdivision Seward Marine Industrial Center Fire Department Replat KPB 2021-080 Enterprise Engineering Inc. / City of Seward Location: Delphin St., Morris Ave., Mustang Ave. & Jellison Ave. City of Seward 4. King’s Creek 2021 Replat; KPB File 2021-081 Geovera LLC / Baker Location: Wilderness Ln. & Sarah St.; Fitz Creek Area Kachemak APC 5. Oberts Subdivision; KPB File 2021-082 Segesser Surveys / Oberts Location: Adkins Rd. & Akeve Ave. Sterling Area 6. TKC2 Subdivision; KPB File 2021-078 Segesser Surveys / TKC LLC Location: Fourth Ave., Haller St. & Madison Ln. City of Kenai F. PUBLIC COMMENT G. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING The next regularly scheduled Planning Commission meeting will be held Monday, July 12 2021 at 6:00 PM which the public will only be able to attend via Zoom: Zoom Meeting Link: https://zoom.us/j/2084259541 Zoom Toll Free Phone Numbers: 888 788 0099 or 877 853 5247 Zoom Meeting ID: 208 425 9541 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 Phone: toll free within the Borough 1-800-478-4441, extension 2215 Fax: 907-714-2378 E-mail address: planning@kpb.us Website: http://www.kpb.us/planning-dept/planning-home Written comments will be accepted until 1:00 p.m. on the last business day (usually a Friday) before the day of the Plat Committee meeting in which the item is being heard. If voluminous information and materials are submitted staff may request seven copies be submitted. Maps, graphics, photographs, and typewritten information that is submitted at the meeting must be limited to 10 pages. Seven copies should be given Page 69 Plat Committee Final Agenda June 28, 2021 Page 3 to the recording secretary to provide the information to each Committee member. If using large format visual aids (i.e. poster, large-scale maps, etc.) please provide a small copy (8 ½ x 11) or digital file for the recording secretary. Audio, videos, and movies are not allowed as testimony. If testimony is given by reading a prepared statement, please provide a copy of that statement to the recording secretary. An interested party may request that the Planning Commission review a decision of the Plat Committee by filing a written request within 10 days of the written notice of decision in accordance with KPB 2.40.080. Page 70 144 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 June 28, 2021 7:30 p.m. Zoom Meeting Link: https://zoom.us/j/2084259541 Zoom Toll Free Phone Numbers: 888 788 0099 or 877 853 5247 Zoom Meeting ID: 208 425 9541 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 - None *2. Planning Commission Resolutions-None *3. Plats Granted Administrative Approval a. Grant Fritz Subdivision #5; KPB File 2020-042 b. Misty Acres 2020 Replat; KPB File 2020-114 c. Saindon Subd 2020 Addition; KPB File 2020-083 *4. Plats Granted Final Approval (20.10.040) *5. Plat Amendment Request - None *6. Commissioner Excused Absences a. Robert Ruffner – Anchor Point/Ninilchik/Clam Gulch/Kasilof b. Davin Chesser – Northwest Borough Page 71 Planning Commission Final Agenda June 28, 2021 Page 2 *7. Minutes a. June 14, 2021 Planning Commission Meeting D. OLD BUSINESS - None E. NEW BUSINESS 1. Conditional Use Permit; PC Resolution 2021-20 Petitioner: Jennifer Coghill Location: 51475 Dragonfly St.; Nikiski Area; PIN 01309217 Request: Install a boat ramp for access to water, and grade between the house and lake for safety by removing overburden and placing approximately 15 cubic yards of gravel on a parcel within the 50-foot Habitat Protection District of Daniels Lake 2. Conditional Use Permit; PC Resolution 2021-21 Petitioner: Randy Kleinsmith Location: 35859 Sabaca Rd.; Soldotna; PIN 05748324 Request: Install a chain link fence on a parcel within the 50-foot Habitat Protection District of the Kenai River, in Soldotna, Alaska 3. Conditional Use Permit; PC Resolution 2021-19 Petitioner: Chugach National Forest PIN: 03510013; Hope Area Request: Construct a 100-foot by 20-foot bridge on a parcel within the 50-foot Habitat Protection District of Resurrection Creek, near Hope 4. Marijuana Cultivation Facility License Applicant: Smoking Joe’s Terps Co.; Landowner: Thom, Jacob D. Location: 22845 Cache Street, Kasilof; PIN 13344109 5. Resolution 2021-__: Classifying certain parcels of Borough owned land in the Nikiski, K-Beach, Sterling Hope, Homer, Skilak Lake, Cooper Landing and Beluga areas. 6. Ordinance 2021-__: Authorizing the sale of certain parcels of borough land by outcry auction followed by an over-the-counter land sale. F. PLAT COMMITTEE REPORT - Plat Committee will review 6 Plats G. OTHER 1. Plat Committee – July/Aug/September (4 Members/1Alternate) 2. July 12, 2021 Planning Commission Meeting via Zoom Only 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) Page 72 Planning Commission Final Agenda June 28, 2021 Page 3 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, July 12 2021 at 7:30 PM which the public will only be able to attend via Zoom: Zoom Meeting Link: https://zoom.us/j/2084259541 Zoom Toll Free Phone Numbers: 888 788 0099 or 877 853 5247 Zoom Meeting ID: 208 425 9541 ADVISORY PLANNING COMMISSION MEETINGS ADVISORY COMMISSION MEETING LOCATION DATE TIME Anchor Point Zoom 7:00 PM Cooper Landing Zoom 6:00 PM Funny River Funny River Community Center 7:00 PM Kalifornsky Zoom 6:00 PM Kachemak Bay Zoom 7:00 PM Moose Pass Moose Pass Sportsman Club 6:00 PM Hope / Sunrise Zoom 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 73 144 N. Binkley Street, Soldotna, Alaska 99669  (907) 714-2215  (907) 714-2378 Fax Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building Office of the Borough Clerk Melanie Aeschliman, Planning Director • Charlie Pierce, Borough Mayor Paulette Bokenko-Carluccio – City of Seldovia ~ Robert Ruffner – Kasilof/Clam Gulch Pamela Gillham – Ridge Way ~ Cindy Ecklund – City of Seward ~ Franco Venuti, Alternate – City of Homer Plat Committee Tentative Agenda July 12, 2021 6:00 p.m. Zoom Meeting Link: https://zoom.us/j/2084259541 Zoom Toll Free Phone Numbers: 888 788 0099 or 877 853 5247 Zoom Meeting ID: 208 425 9541 The hearing procedure for the Plat Committee public hearings is as follows: 1) Staff will present a report on the item. 2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative – 10 minutes 3) Public testimony on the issue. – 5 minutes per person 4) After testimony is completed, the Planning Commission may follow with questions. A person may only testify once on an issue unless questioned by the Planning Commission. 5) Staff may respond to any testimony given and the Commission may ask staff questions. 6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence. 7) The Chair closes the hearing and no further public comment will be heard. 8) The Chair entertains a motion and the Commission deliberates and makes a decision. All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or her name and mailing address on the sign-in sheet located by the microphone provided for public comment. They must begin by stating their name and address for the record at the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities. Decorum must be maintained at all times and all testifiers shall be treated with respect. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and non- controversial by the Plat Committee and may be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner removes the item from the consent agenda. The removed item will then be considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item, please advise the recording secretary before the meeting begins, and she will inform the Chair of your wish to comment. *1. Agenda *2. Member / Alternate Excused Absences *3. Minutes June 28, 2021 Plat Committee Meeting Minutes D. OLD BUSINESS - None Page 74 Plat Committee Tentative Agenda July 12, 2021 Page 2 E. NEW BUSINESS 1. Tide View Heights #2; KPB File 2021-088 Johnson Surveying/Padget & Smith Location: Ames Road City of Kenai 2. Kenai Landing Subdivision 2021 Addition; KPB File 2021-089 Edge Survey & Design LLC/PRL Logistics Inc. & Kenai Landing Inc. Location: Bowpicker Lane, Seacatch Drive & Columbia Street City of Kenai 3. Birchwood Subdivision Sherman Addition No. 2; KPB File 2021-090 McLane Consulting Inc./Ciufo & Seymour Location: Reger Road & Edgington Road Sterling Area 4. Bay View Subdivision 2018; KPB File 2021-087 Ability Surveys/Freeman Holdings of Arkansas LLC Location: Lake Shore Drive City of Homer 5. Spruce W oods Subdivision 1975 Addition, Tract 1 Replat; KPB File 2021-091 Ability Surveys/Roth Location: Saber Avenue E., Yukon Street & East End Road Fritz Creek Area Kachemak Bay APC F. PUBLIC COMMENT G. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING The next regularly scheduled Plat Committee meeting will be held Monday, August 9, 2021 in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 Phone: toll free within the Borough 1-800-478-4441, extension 2215 Fax: 907-714-2378 E-mail address: planning@kpb.us Website: http://www.kpb.us/planning-dept/planning-home Written comments will be accepted until 1:00 p.m. on the last business day (usually a Friday) before the day of the Plat Committee meeting in which the item is being heard. If voluminous information and materials are submitted staff may request seven copies be submitted. Maps, graphics, photographs, and typewritten information that is submitted at the meeting must be limited to 10 pages. Seven copies should be given to the recording secretary to provide the information to each Committee member. If using large format visual aids (i.e. poster, large-scale maps, etc.) please provide a small copy (8 ½ x 11) or digital file for the recording secretary. Audio, videos, and movies are not allowed as testimony. If testimony is given by reading a prepared statement, please provide a copy of that statement to the recording secretary. An interested party may request that the Planning Commission review a decision of the Plat Committee by filing a written request within 10 days of the written notice of decision in accordance with KPB 2.40.080. Page 75