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HomeMy WebLinkAbout2021-12-08 Planning & Zoning PacketKenai Planning & Zoning Commission – Regular Meeting Page 1 of 2 December 08, 2021 Kenai Planning & Zoning Commission - Regular Meeting December 08, 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 November 10, 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 G. UNFINISHED BUSINESS 1. Resolution PZ2021-39 - Recommending the Council of the City of Kenai Approve and Adopt the City of Kenai Land Management Plan. [Clerk's Note: At the November 10th Meeting, this Resolution was Postponed to this Meeting; a Motion to Enact is On the Floor.] H. NEW BUSINESS Page 1 Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 December 08, 2021 1. Resolution No. PZ2021-41 - Granting a Request for a Transfer of Conditional Use Permit for the Use of a Hotel, Guide, and Boat Parking in the Rural Residential Zone to Wild Kenai Adventures, LLC, 1105 Angler Drive, Lot 6, Anglers Acres, Subdivision Part 3. 2. Resolution No. PZ2021-42 - Granting a Request for a Transfer of Conditional Use Permit for the Use of a Hotel (Short-Term Recreational Rentals) in the Rural Residential Zone to Wild Kenai Adventures, LLC, 1230 Angler Drive, Lot 1, Block 2, Anglers Acres Subdivision, Addition No.1, PT 2. I. PENDING ITEMS J. REPORTS 1. City Council 2. Kenai Peninsula Borough Planning 3. City Administration K. ADDITIONAL PUBLIC COMMENT (Public comment limited to five (5) minutes per speaker) L. INFORMATIONAL ITEMS 1. 2022 Commission Meeting Calendar 2. Land Management Plan Comment Forms 3. Letter to JAC Enterprises - Violation Remedied M. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: December 22, 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/81571516488 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 815 7151 6488 Passcode: 393119 Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING NOVEMBER 10, 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, and led the commission in a moment of silence in honor of Airport Commissioner Derek Leichliter. 2. Roll Call Commissioners present: J. Twait, D. Fikes, A. Douthit, G. Woodard (electronic), A. Douthit, J. Halstead, R. Springer, G. Greenberg Commissioners absent: Staff/Council Liaison present: Planning Director R. Foster, Deputy City Clerk M. Thibodeau, Council Liaison T. Winger A quorum was present. 3. Agenda Approval Chair Twait noted that the date under Approval of Minutes needed to be changed to October 27, 2021 and also noted the following additionsl to the agenda and packet: Add item F.1. Resolution PZ2021-21 & PZ2021-40 • Public Comment MOTION: Vice Chair Fikes MOVED to approve the agenda with requested revisions to the packet and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. 4. Consent Agenda MOTION: Vice Chair Fikes MOVED to approve the consent agenda and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. Page 3 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 9 November 10, 2021 *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 5. *Excused absences – None B. APPROVAL OF MINUTES 1. *Regular Meeting of October 27, 2021 The minutes were approved by the Consent Agenda. C. SCHEDULED PUBLIC COMMENT – None. D. UNSCHEDULED PUBLIC COMMENT – None. E. CONSIDERATION OF PLATS F. PUBLIC HEARINGS 1. Resolutions PZ2021-21 & PZ2021-40 - Application for Conditional Use Permits for a Dormitory and Bed & Breakfast, for the property described as Lot 1, Block 4, Inlet View Subdivision 1st Revision, located at 702 Lawton Drive, Kenai, Alaska 99611. The application was submitted by Kathleen Martin, P.O. Box 521, Cooper Landing, Alaska 99572. Ed Martin explained that his parents are the applicants for this property, that he operates a driving academy and the intent for this conditional use permit is to use the property as a dormitory for those students. He provided background on how he had worked with the Kenai Peninsula Borough to resolve a parking issue through the lease of adjacent property, along with the current parking and traffic access usage. He noted that he was willing to work with neighbors to mitigate concerns they raise, and that his property meets the fire marshal’s standards. Planning Director Foster presented his staff report with information provided in packet explaining that the applicant wishes to obtain conditional use permits for a dormitory and bed & breakfast. He noted that the applicant previously operated a bed & breakfast on this property from 1985- 2015. The criteria for conditional use permits was reviewed. It was noted the application met the criteria and City staff recommends approval of a dormitory CUP 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 starting operations, a landscape/site plan must be reviewed and approved by the Planning Director. Access to parking is via Lawton Drive and a Driveway Permit may be required for improvements at 750 Lawton Drive. 3. The applicant will maintain its lease for parking with the Kenai Peninsula Borough at 750 Lawton Drive. If the lease expires or is severed, the applicant will notify the City Planning Director and demonstrate how the parking requirements will be met. Page 4 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 9 November 10, 2021 4. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 5. The applicant will meet with City staff for on-site inspections when requested. 6. If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14.20.150(l)(5). 7. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 8. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. He noted that City staff recommended approval of a bed and breakfast CUP 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 starting operations, a landscape/site plan must be reviewed and approved by the Planning Director. Access to parking is via Lawton Drive and a Driveway Permit may be required for improvements at 750 Lawton Drive. 3. Bed and Breakfast regulations per KMC 14.20.321 must be maintained. 4. Buildings which are the subject of a bed and breakfast permit application shall be inspected by the Fire Marshal for compliance with the Fire Code (KMC 8.05) prior to the approval of the conditional use permit. Thereafter, they shall be inspected every other year by the City Fire Marshal. Failure to comply with the Fire Code (KMC 8.05) shall be grounds for the suspension or revocation of the conditional use permit. 5. The applicant will maintain its lease for parking with the Kenai Peninsula Borough at 750 Lawton Drive. If the lease expires or is severed, the applicant will notify the City Planning Director and demonstrate how the parking requirements will be met. 6. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 7. The applicant will meet with City staff for on-site inspections when requested. 8. If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14.20.150(l)(5). 9. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 10. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. MOTION: Vice Chair Fikes MOVED to approve Resolution No. PZ2021-21 and Commissioner Halstead SECONDED the motion. Chair Twait opened for public hearing. Kaye Reed expressed concern over the vegetation buffer, explaining that it has diminished in recent years. She noted that Lawton Drive is not currently being utilized for traffic and that coming through Rogers Road is not a good option due to ice. She inquired about the capacity, dormitory plans, and quiet time. She expressed concern over traffic and noise. Brandon Cramer noted that he is concerned about traffic access from Rogers Road, and expressed preference for access on Lawton Drive. Page 5 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 9 November 10, 2021 Ed Martin followed up with concerns about access on Rodgers Road, noting that he was willing to mitigate this issue. He noted that access via Lawton Drive makes sense and he wants to keep harmony with neighbors, although he would like to retain access on Rogers for snow removal equipment or personal use. He showed these parking spots on the map, noting they are angled and that accessing them would be difficult from the other side of the property. In response to questions from commissioners, he provided clarification on capacity, bathrooms, hours of use, the possible timeline for constructing a driveway off Lawton, culvert drainage, storage sheds, schedule for student occupancy, quiet hours, smoking rules, and potential for carpooling to minimize parking. Applicant Kathy Martin also clarified details regarding their smoking area and receptacles. There being no one else wishing to be heard, the public hearing was closed. Clarification was provided that fire marshal approval is not required for dormitory permits per Title 14. It was considered whether storage sheds on vacant lots were allowed per code. It was suggested that resurveying the lots to remove the lot line may resolve some issues. Clarification was provided regarding the egress windows in the basement study area, and it was noted that it may not currently meet code. Chair Twait re-opened for public hearing to hear the testimony of Bridget Mitchell, who requested clarification on driveway paving. Ed Martin clarified that he cannot make major alterations to the Borough-leased lot, and paving may increase traffic speed which is not encouraged. There being no one else wishing to be heard, the public hearing was closed. MOTION TO AMEND: Commissioner Springer MOVED to amend PZ2021-21 to add a condition requiring the Fire Marshal to review the Dormitory use for code compliance. Vice Chair Fikes SECONDED the motion. VOTE ON AMENDMENT: YEA: Halstead, Woodard, Greenberg, Douthit, Springer, Fikes, Twait NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Commissioner Springer MOVED to amend PZ2021-21 to add a condition to require that the main access to parking be from Lawton Drive, with a timeline of creating the access by August 1, 2022. Vice Chair Fikes SECONDED the motion. VOTE ON AMENDMENT: YEA: Woodard, Greenberg, Douthit, Springer, Fikes, Twait, Halstead Page 6 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 5 of 9 November 10, 2021 NAY: MOTION PASSED UNANIMOUSLY. Concerns were expressed over the vegetative buffer, and options for resolving this were discussed. MOTION TO AMEND: Vice Chair Fikes MOVED to amend PZ2021-21 to add a condition specifying that the applicant will utilize the lot at 436 Lawton for activity and parking for residential/private use only after August 1, 2022. Commissioner Halstead SECONDED the motion. Concerns about enforceability after the August 1, 2022 deadline were discussed. VOTE ON AMENDMENT: YEA: Greenberg, Douthit, Springer, Fikes, Twait, Halstead, Woodard NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Commissioner Douthit MOVED to amend PZ2021-21 to add a condition to set quiet hours from 10:00 PM to 6:00 AM daily. Commissioner Halstead SECONDED the motion. VOTE ON AMENDMENT: YEA: Douthit, Springer Fikes, Twait, Halstead, Woodard, Greenberg NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YEA: Springer, Fikes, Twait, Halstead, Woodard, Greenberg, Douthit NAY: MOTION PASSED UNANIMOUSLY. Chair Twait noted the fifteen-day appeal period. MOTION: Vice Chair Fikes MOVED to approve Resolution No. PZ2021-40 and Commissioner Halstead SECONDED the motion. Chair Twait opened for public hearing; there being no one wishing to be heard, the public hearing was closed. Page 7 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 6 of 9 November 10, 2021 Clarification was provided on the KMC residence requirements for owners of bed & breakfast establishments. Ed Martin clarified that the bed & breakfast aspect of the business is the owner’s backup plan if they can’t fill all the beds. He noted that they did not plan on serving meals. Clarification was provided on the definition of bed & breakfasts per code. It was noted that this property has been operating as a bed & breakfast for many years and it had fit the code. Clarification provided that 30% of floor use could be for the bed & breakfast. MOTION TO AMEND: Commissioner Douthit MOVED to amend PZ2021-40 to add a condition to set quiet hours from 10:00 PM to 6:00 AM daily. Commissioner Halstead SECONDED the motion. VOTE ON AMENDMENT: YEA: Springer, Fikes, Twait, Halstead, Woodard, Greenberg, Douthit NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YEA: Fikes, Twait, Halstead, Woodard, Greenberg, Douthit, Springer NAY: MOTION PASSED UNANIMOUSLY. Chair Twait noted the fifteen-day appeal period. 2. Resolution PZ2021-38 - Application for a Conditional Use Permit for a Recreational Vehicle Park, for the property described as Lot 2, Block F, Beaver Creek Alaska Subdivision Amended, located at 6575 Kenai Spur Highway, Kenai, Alaska 99611. The application was submitted by Casey Gaze, 6575 Kenai Spur Highway, Kenai, Alaska 99611. MOTION: Vice Chair Fikes MOVED to approve Resolution No. PZ2021-38 and Commissioner Halstead SECONDED the motion. Applicant Cazey Gaze noted that he was available to take questions. Planning Director Foster presented his staff report with information provided in packet explaining that the applicant wishes to obtain Conditional Use Permits for a recreational vehicle park. The criteria for conditional use permits was reviewed; it was noted the application met the criteria and Page 8 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 7 of 9 November 10, 2021 City staff recommends approval subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Applicant will provide a copy of DEC compliance certification on the water/sewer system. The well as shown will likely need to be separated further from the proposed dump station. 3. Provide accommodations for trash and restroom facilities. 4. Prior to starting operations, a landscape/site plan must be reviewed and approved by the Planning Director, which shall include a site grading plan that minimizes runoff onto neighboring properties and demonstrates sufficient space to prevent backup onto the highway, and demonstrates sufficient space for emergency service vehicles to respond to all RV sites. 5. Prior to beginning construction of any new structures, a building permit must be issued by the Building Official for the City of Kenai. 6. Staff encourages the applicant pursue consolidation of the three subject parcels into one parcel and submitting a rezoning application to rezone 3415 Mudhen Drive from Rural Residential to General Commercial. 7. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 8. The applicant will meet with City staff for on-site inspections when requested. 9. If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14.20.150(l)(5). 10. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 11. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. Chair Twait opened for public hearing; there being no one wishing to be heard, the public hearing was closed. Support was expressed for development of this area and it was noted that a vehicle park would be a good use for it. Clarification was provided that this area is zoned General Commercial and residency on the property is allowed as a secondary use. VOTE: YEA: Twait, Halstead, Woodard, Greenberg, Douthit, Springer, Fikes NAY: MOTION PASSED UNANIMOUSLY. Chair Twait noted the fifteen-day appeal period. 3. Resolution PZ2021-39 - Recommending the Council of the City of Kenai Approve and Adopt the City of Kenai Land Management Plan. [Clerk's Note: At the October 27th Meeting, this Resolution was Postponed to this Meeting; a Motion to Enact is On the Floor.] Page 9 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 8 of 9 November 10, 2021 Foster provided an update on Land Management Plan (LMP) discussions with other commissions, noting that all have chosen to postpone to collect comments and discussion. Chair Twait opened for public hearing. Bob Molloy noted that missing from the LMP was a discussion over continuing evaluation of city lands for future needs and potential acquisition of lands for public purpose. He also discussed parcels that have a long history of public comment and controversy, and suggested adding a new category for “To Be Determined.” Kristine Schmidt requested that the commission postponed approval, expressed concern over the fast track the plan has been on and explained that there has not been enough public outreach. Noted that she would like to see intermediate categories, and a plan for the future. She expressed disagreement with a map that included properties on W oodland subdivision, noting would like to see a vegetative area maintained as a noise buffer from the airport. Jim Glendening stated that he agreed with Kristine Schmidt, and explained that Council had expressed that commissions should take their time with LMP discussions and should not rush to judgement. There being no one else wishing to be heard, the public hearing was closed. The commission discussed how there is some confusion over how to see the plan, noting that many of the changes proposed through the LMP would still have to go through public processes per code, and this is primarily an inventory of land information. Support was expressed for providing time to engage the public and other commissions, while defining a clear timeline for a public comment period before approval. It was suggested that the commission review Title 22 to recommend changes to Council, specifically considering disposal of residential properties. MOTION: Commissioner Douthit MOVED to postpone Resolution No. PZ2021-39 until December 8, 2021 and Commissioner Halstead SECONDED the motion. VOTE: YEA: Halstead, Woodard, Greenberg, Douthit, Springer, Fikes, Twait NAY: MOTION PASSED UNANIMOUSLY. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS – None. I. PENDING ITEMS – None. J. REPORTS 1. City Council – Council Member Winger introduced herself as the new Planning & Page 10 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 9 of 9 November 10, 2021 Zoning Commission Liaison. Discussed establishing quiet hours in code, agreed with previous public comments about retaining land between airport and Woodland subdivision as noise buffer, and noted she would like to see commissions take their time and have work sessions to go through LMP by section. Reported on the actions from the November 3, 2021 City Council meeting. 2. Borough Planning – Vice Chair Fikes reported on the actions from the November 8, 2021 Kenai Peninsula Borough Planning Commission. 3. City Administration – Planning Director Foster reported on the following: • There are no items for the November 24, 2021 meeting, will be cancelled; • Nothing has been submitted yet for the December 8, 2021 meeting. K. ADDITIONAL PUBLIC COMMENT Kristine Schmidt noted that she liked the new CUP process, and that having the applicant present added value. She explained that adding conditions that the applicant agreed to do made it better, and that she would like to see them continue to work on the CUP ordinance. L. INFORMATIONAL ITEMS – None. M. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: TBD Chair Twait noted that the next meeting would be on December 8, 2021. N. COMMISSION COMMENTS & QUESTIONS Commissioner Douthit stated that he hopes Council will move forward with the waterfront revitalization plan, noting that it’s a valuable asset which will go well with the LMP. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 10:08 p.m. Minutes prepared and submitted by: ____________________________ Meghan Thibodeau Deputy City Clerk Page 11 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-39 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THE COUNCIL OF THE CITY OF KENAI APPROVE AND ADOPT THE CITY OF KENAI LAND MANAGEMENT PLAN WHEREAS, in 2018, City Council approved a City-wide approach to land management through the development of the City’s first Land Management Plan; and WHEREAS, the City of Kenai Imagine Kenai 2030 Comprehensive Plan includes economic development and land use goals and objectives to develop a land inventory and land use strategies to implement a forward-looking approach to community growth and development; and, WHEREAS, the City owns 369 subdivided parcels, including wetlands, tidelands, lands surrounding the Kenai Airport, and lands suitable for a variety of business, commercial, industrial, residential, recreational, and cultural purposes; and WHEREAS, the Planning and Zoning Commission of the City of Kenai and Planning Staff has received numerous comments and input regarding the draft City of Kenai Land Management Plan; and, WHEREAS, the Planning and Zoning Commission of the City of Kenai considered public comments and made changes to the draft City of Kenai Land Management Plan based on those comments; and, WHEREAS, City Staff held a public meeting on October 11, 2021, and scheduled public meetings for Commissions on November 4, 2021 November 8, 2021, and November 9, 2021 to receive public comments and discuss the City of Kenai Land Management Plan; and, WHEREAS, City Staff created an electronic comment form available on the City website to receive public comments on the City of Kenai Land Management Plan; and, WHEREAS, the Planning and Zoning Commission held a Public Hearing on October 27, 2021 and recommended that the Council of the City of Kenai approve the City of Kenai Land Management Plan. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. The Draft of the City of Kenai Land Management Plan is hereby approved and adopted as the City of Kenai Land Management Plan. Section 2. That a copy of Resolution PZ2021-39 be forwarded to the Kenai City Council. Page 12 Resolution No. PZ2021-39 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 27th day of October, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, CITY CLERK Page 13 MEMORANDUM TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: October 22, 2021 SUBJECT: Resolution PZ2021-39 – Recommending the Kenai City Council approve and adopt the City of Kenai Land Management Plan In 2018, City Council approved a City-wide approach to land management through the development of the City’s first Land Management Plan. Since that time, Administration has worked diligently to draft a Land Management Plan to inventory, evaluate, and develop recommendations related to City-owned lands. The City of Kenai Imagine Kenai 2030 Comprehensive Plan includes economic development and land use goals and objectives to develop a land inventory and land use strategies to implement a forward-looking approach to community growth and development. The goals of the Land Management Plan incorporate many of these objectives and include the following: • Provide an inventory of City-owned lands with detailed information on each parcel. • Identify properties required for a public purpose or to meet a future public need. • Establish recommendations for individual parcels that are surplus to the needs of the City to assist in responsible development. • Create a comprehensive reference document that establishes a format for developing land management policies and procedures. One of the City’s greatest assets is its land inventory. The City owns 369 subdivided parcels, including wetlands, tidelands, lands surrounding the Kenai Airport, and lands suitable for a variety of business, commercial, industrial, residential, recreational, and cultural purposes. The Land Management Plan is an important tool to spur economic growth and improve the quality of life for Kenai residents and is key to the long-term viability of the City. On October 11, 2021 there was a joint work session with City Council and City Commission Members to kick-off the review, discussion, and comment on the draft City of Kenai Land Management Plan. In addition to additional meeting(s) with the Planning and Zoning Commission, staff have scheduled presentations with the Airport Commission, Parks and Recreation Commission, Beautification Committee, and Harbor Commission to solicit discussion and comments on the draft Land Management Plan. Please review the attached materials. Page 14 Page 2 of 2 Does the Commission recommend Council approve and adopt the City of Kenai Land Management Plan? Attachments October 11, 2021 Joint Work Session Presentation Draft City of Kenai Land Management Plan Page 15 CITY OF KENAI LAND MANAGEMENT PLAN CITY OF KENAI Page 16 WHAT IS OUR "WHY" The purpose of the Land Management Plan is to evaluate and develop recommendations related to City- owned lands that encourage responsible growth and development to support a thriving business, residential, recreational and cultural community. LAND MANAGEMENT PLANPage 17 Background In 2018, the Kenai City Council approved land code revisions as part of a City-wide approach to land management through development of the City’s first Land Management Plan.LAND MANAGEMENT PLAN1963In 1963, the FAA transferred nearly 2,000 acres of land to the City of Kenai 1975 2006 1986 In 1975, the City first defined rules and regulations governing the administration of City-owned lands In 1981, the City began to actively dispose of lands and enacted ordinances to encourage disposal 2018 In 1986, Alaska went into recession. Land values, land sales, and leases declined In 2006, the Airport land sale and leasing code sections were repealed and reenacted In 2016, the City Council approved a policy for the sale of ten Airport leased lands (amended 2018, expired 2021) In 2018, the City Council approved revisions to the Airport Lands Code and as part of a City-wide approach to Land management In 2019, the City Council approved revisions to the General Fund lands CodePage 18 The City is unique in its ownership of a large and diverse amount of public land 5,440 Acres of Land 369 Subdivided parcels The equivalent of 4,114 Football Fields (with endzones) LAND MANAGEMENT PLANApproximately 8.5 square miles, roughly the size of Soldotna. Page 19 A SIGNIFIGANT UNDERTAKING A Land Management Plan provides an active approach to management that requires an inventory of land holdings and a comprehensive evaluation and analysis of each parcel. In 2018, the City hired a Temporary Lands Technician to research each parcel of City- owned land and enter the information into a new Lands Database. LAND MANAGEMENT PLANOver 567 recorded documents were reviewed and scanned into the database as part of this project Page 20 New City Lands Inventory and Database LAND MANAGEMENT PLANAn examination of public records and mapping was performed for each City-owned parcel to review and record detailed information in the database, including: Property Description (e.g. physical characteristics, zoning, land use) Facilities (e.g. parks, trails, structures, utilities) Status (e.g. public use, under active lease, availability for lease or sale) Fund (e.g. Airport Fund or General Fund) How the land was obtained (e.g. State, FAA, Municipal Entitlement, tax foreclosure) Encumbrances (e.g. easements, restrictions) Page 21 Land Management Plan Objectives LAND MANAGEMENT PLANProvide an inventory of City-owned lands with detailed information on each parcel Identify properties required for a public purpose or to meet a future public need Establish recommendations for individual parcels that are surplus to the needs of the City to assist in responsible development. Create a comprehensive reference document that establishes a format for developing land management policies and procedures. Page 22 IMPROVED RESPONSE TO PUBLIC The Land Management Plan can be used to actively manage City-owned lands in a wholistic way as well as provide better information to the public. In the future, we hope to make the Plan available on the City's interactive online mapping tool, allowing the public to research City-owned lands from anywhere. LAND MANAGEMENT PLANvs. No Public Inventory of City-owned Lands A member of the public must identify a parcel of interest No Individual Parcel Information on File City staff must research to determine if a parcel has conveyance or legislative restrictions No Guidance or Planning Documents Administration provides recommendation on case- by-case basis Public Listing of City-owned Lands Available listing on City website and at City Hall Individual Parcel Information Available A member of the public can immediately know if a parcel has been designated for lease or sale Land Management Plan Provides guidance and direction to Administration on the management of City- owned lands BEFORE AFTER Page 23 Land Statistics LAND MANAGEMENT PLANApproximately 1,613 acres or 129 parcels of City-owned lands are designated as Airport Fund 35% Parcels of City-owned Land are designated as "Airport Fund" 35% The City will generate $512,255 from 46 leases of land designated as Airport Fund in FY22, not including apron, airline, or terminal leases AIRPORT FUND PARCELS CURRENTLY UNDER LEASE Recommendations for Airport Fund Parcels Based on the Final Draft Land Management Plan: 49 PARCELS RECOMMENDED FOR LEASE-ONLY 19 PARCELS RECOMMENDED FOR RETENTION 47 PARCELS RECOMMENDED FOR LEASE OR SALE 14 PARCELS RECOMMENDED FOR MIXED: RETAIN/DISPOSEPage 24 Land Statistics Recommendations for General Fund Parcels Based on the Final Draft Land Management Plan: LAND MANAGEMENT PLANApproximately 3,826 acres or 239 parcels of City- owned lands are designated as General Fund.65% Parcels of City-owned Land designated as "General Fund"8.75% The City will generate $218,031 from 19 leases of land designated as General Fund in FY22, including tidelands, shorefishery, and no-cost leases GENERAL FUND PARCELS CURRENTLY UNDER LEASE 19 PARCELS RECOMMENDED FOR LEASE-ONLY 113 PARCELS RECOMMENDED FOR RETENTION 86 PARCELS RECOMMENDED FOR LEASE OR SALE 21 PARCELS RECOMMENDED FOR MIXED: RETAIN/DISPOSEPage 25 Land Management Plan Retention Recommendations LAND MANAGEMENT PLANMany City-owned lands should be retained for a public purpose and many are suitable for a variety of business, commercial, industrial, residential, recreational and cultural purposes. The Plan has four recommendation categories: Retain Dispose Dispose - Lease Only Mixed - Retain/Dispose Page 26 How the Land Management Plan is Structured The plan breaks city- owned lands into 46 areas with a map for each area Each area includes an overview and tables with detailed information on recommendations for each parcel LAND MANAGEMENT PLANPage 27 Land Management Plan Recommendation Categories LAND MANAGEMENT PLANThe Land Management Plan contains a recommendation for each parcel using the following categories: Retain Dispose Dispose - Lease Only Mixed - Retain/ Dispose 132 Parcels 67 35 131 Parcels Page 28 Land Management Plan Recommendation Categories LAND MANAGEMENT PLANRetain Dispose Dispose - Lease Only Mixed - Retain/ Dispose Page 29 Land Management Plan Recommendation Categories LAND MANAGEMENT PLANRetain Dispose Dispose - Lease Only Mixed - Retain/ Dispose IMAGERY GIS PLUS DATA Page 30 Land Management Plan Land Fund Categories LAND MANAGEMENT PLANAirport Reserve Land Airport Land Outside the Airport Reserve General Fund Land Page 31 Land Management Plan Land Fund Categories LAND MANAGEMENT PLANAirport Reserve Land Airport Land Outside the Airport Reserve General Fund Land IMAGERY GIS PLUS DATA Page 32 Land Management Plan Draft Timeline LAND MANAGEMENT PLANOCT Planning & Zoning Commission November 10 Airport Commission November 9 NOV Parks & Recreation Commission November 4 Harbor Commission November 8 JAN Resolution to approve Land Management Plan January 5 DEC Request to Schedule City Council Work Session to Finalize Land Management Plan December 1 Work Session to Finalize Land Management Plan Early December Joint Work Session Kenai Visitor Center October 11 Page 33 Land Management Plan Process LAND MANAGEMENT PLANMEET01. TODAY'S JOINT WORKSESSION INTRODUCTION OF DRAFT LAND MANAGEMENT PLAN 02. COMMISSION WORK SESSIONS / PUBLIC COMMENTS RECOMMEND AMENDMENTS e.g. additional information such as personal knowledge of a parcel appropriate to include, factual inaccuracies, reasons to change a recommendation 03. CITY COUNCIL WORK SESSION DISCUSS RECOMMENDED AMENDMENTS & COMMENTS MEET RECOMMEND Page 34 Land Management Plan Process Continued LAND MANAGEMENT PLANAdministration revises plan for approval Council determines if more work sessions are necessary Resolution approving plan scheduled by Council Hold public hearing on resolution AFTER COUNCIL WORK SESSION: Update lands database to reflect approved plan GIS needs assessment Implementation plan AFTER APPROVAL: Page 35 Online Mapping Presentation LAND MANAGEMENT PLANPage 36 Questions and Comments LAND MANAGEMENT PLANPage 37 LAND MANAGEMENT PLANQR Code to City of Kenai Land Management Plan Webpage https://www.kenai.city/lands/page/land- management-plan Page 38 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-41 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A TRANSFER OF CONDITIONAL USE PERMIT FOR THE USE OF A HOTEL, GUIDE, AND BOAT PARKING IN THE RURAL RESIDENTIAL ZONE TO: APPLICANT: Wild Kenai Adventures, LLC PROPERTY ADDRESS: 1105 Angler Drive LEGAL DESCRIPTION: Lot 6, Anglers Acres, Subdivision Part 3 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04939034 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on November 22, 2021; and, WHEREAS, the application affects land zoned as Rural Residential; and, WHEREAS, the application meets the requirements of Kenai Municipal Code 14.20.150(5) stating conditional use permits may be transferred from one owner to another for the same use; and, WHEREAS, the Planning and Zoning Commission finds: 1. The transferor has complied with the conditions of the existing Conditional Use Permit PZ05-26; and, 2. The transferee will comply with the conditions of the existing Conditional Use Permit PZ05- 26; and, 3. The transfer of the conditional use permit would not change the use of the property. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the conditional use permit granted under PZ05-26 is transferred to Wild Kenai Adventures, LLC. Section 2. That the conditional use permit is subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. Page 39 Resolution No. PZ2021-41 Page 2 of 2 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(l)(5). 5. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 6. All conditions of PZ05-26 will be met. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 8th day of December, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, MMC, CITY CLERK Page 40 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: December 2, 2021 SUBJECT: PZ2021-41 – Conditional Use Permit Transfer – 1105 Angler Drive Applicant: Wild Kenai Adventures, LLC 747 SE Dover Ln Madras, OR 97741 Legal Description: Lot 6, Anglers Acres, Subdivision Part 3 Property Address: 1105 Angler Drive KPB Parcel No: 04939034 Lot Size: 1.0 Acres (Approximately 43,560 sf) Existing Zoning: Rural Residential Current Land Use: Residential Dwellings Land Use Plan: Rural Residential GENERAL INFORMATION Blue Heron Enterprises, LLC hold a conditional use permit to operate a Hotel, Guide, and Boat Parking in the Rural Residential Zone. The City has received an application to transfer the permit to Wild Kenai Adventures, LLC dba Hi Lo Charters. On November 22, 2021, the Transferee submitted an Application for Transfer of Conditional Use Permit to follow Kenai Municipal Code (KMC) 14.20.157(a) requiring an application for transfer in writing. Page 41 Page 2 of 3 ANALYSIS On May 11, 2005, the Planning and Zoning Commission passed Resolution PZ05-26 for the conditional use of a Hotel, Guide, and Boat Parking. The permit was issued to Bryan Lowe dba Hi Lo Charters & Riverside Lodge, subject to the following conditions: 1. That an application meeting the requirements of Section 14.5020.has been submitted and received on: April 20, 2005. 2. This request is on land zoned: RR -Rural Residential. 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. Provide DEC certification for on-site septic system. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: May 11, 2005. 5. Applicant must comply with all Federal, State, and local regulations. Kenai Municipal Code (KMC) 14.20.150(l)(5) states the following on transfers of conditional use permits: KMC 14.20.150(i)(5) Transferability. A conditional use permit is not transferable from one (1) parcel of land to another. Conditional use permits may be transferred from one (1) owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. There are no outstanding conditional use permit code violations for 1105 Angler Drive, and therefore, the conditions of PZ05-26 are considered being met. The new permit holder would continue to operate under the terms and conditions of the original Conditional Use Permit PZ05-26. There will not be a change in use. RECOMMENDATIONS The transfer of Conditional Use Permit PZ05-26 for a Hotel, Guide, and Boat Parking meet the requirements of Kenai Municipal Code 14.20.150(l)(5) and 14.20.157(a). City staff recommends approval of the transfer of Conditional Use Permit PZ05-26, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 3. 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(l)(5). 5. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination Page 42 Page 3 of 3 or interruption of the use for a period of at least one year. 6. All conditions of PZ05-26 will be met. ATTACHMENTS A. Conditional Use Permit PZ05-26 B. Application C. Aerial Map Page 43 tip' ~- _ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ45-26 (PZ96-9) the~t~a~' CONDITIONAL USE PERMIT n~ sKn A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Bryan Lowe dba Hi Lo Charters & Riverside Lodge . ,, , _,. USE Hotel. Guide, & Boat Parking _ , LOCATED 1105 Angler Drive -Lot 6. Angler Acres Subdivision,Part 3 Street Address/Legal Description) ICENAI PENINSULA BOROUGH PARCEL NO: 04939034 WHEREAS, the Conunission finds: That an application meeting the requirements of Section 14.20.150 has been submitted and received on: A ril 20 2005 2. This request is on land zoned: RR -Rural Residential That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. Provide DEC certification for on-site septic system. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.2D.280 on: Ma 11 2005. 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED HOTEL, GUIDE, & BOAT PARKING MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, Ma~l,l, 2005. CHAIRPERSON: ATTEST: Page 44 Page 45 PZ2021-41 CUP Transfer1105 Angler Drive ANGLER DR.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: 12/2/2021 Page 46 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-42 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A TRANSFER OF CONDITIONAL USE PERMIT FOR THE USE OF A HOTEL (SHORT-TERM RECREATIONAL RENTALS) IN THE RURAL RESIDENTIAL ZONE TO: APPLICANT: Wild Kenai Adventures, LLC PROPERTY ADDRESS: 1230 Angler Drive LEGAL DESCRIPTION: Lot 1, Block 2, Anglers Acres Subdivision, Addition No.1, PT 2 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04939049 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on November 22, 2021; and, WHEREAS, the application affects land zoned as Rural Residential; and, WHEREAS, the application meets the requirements of Kenai Municipal Code 14.20.150(5) stating conditional use permits may be transferred from one owner to another for the same use; and, WHEREAS, the Planning and Zoning Commission finds: 1. The transferor has complied with the conditions of the existing Conditional Use Permit PZ06-84 (PZ01-11); and, 2. The transferee will comply with the conditions of the existing Conditional Use Permit PZ06- 84 (PZ01-11)and, 3. The transfer of the conditional use permit would not change the use of the property. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the conditional use permit granted under PZ06-84 (PZ01-11) is transferred to Wild Kenai Adventures, LLC. Section 2. That the conditional use permit is subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. Page 47 Resolution No. PZ2021-42 Page 2 of 2 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(l)(5). 5. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 6. All conditions of PZ06-84 (PZ01-11) will be met. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 8th day of December, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, MMC, CITY CLERK Page 48 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: December 2, 2021 SUBJECT: PZ2021-42 – Conditional Use Permit Transfer – 1230 Angler Drive Applicant: Wild Kenai Adventures, LLC 747 SE Dover Ln Madras, OR 97741 Legal Description: Lot 1, Block 2, Anglers Acres Subdivision, Addition No.1, PT 2 Property Address: 1230 Angler Drive KPB Parcel No: 04939049 Lot Size: 1.62 Acres (Approximately 70,567 sf) Existing Zoning: Rural Residential Current Land Use: Residential Dwellings Land Use Plan: Rural Residential GENERAL INFORMATION Blue Heron Enterprises, LLC hold a conditional use permit to operate a Hotel (Short-Term Recreational Rentals) in the Rural Residential Zone. The City has received an application to transfer the permit to Wild Kenai Adventures, LLC. On November 22, 2021, the Transferee submitted an Application for Transfer of Conditional Use Permit to follow Kenai Municipal Code (KMC) 14.20.157(a) requiring an application for transfer in writing. ANALYSIS On December 13, 2006, the Planning and Zoning Commission passed Resolution PZ06-84 (PZ01-11) for the transfer of a conditional use of a Hotel (Short-Term Recreational Rentals). The permit was transferred to Blue Heron Land Company, LLC, subject to the following conditions: Page 49 Page 2 of 2 1. That a Conditional Use Permit was granted to Bryan R. Lowe, Hi-Lo Charters, in 2001 for Hotel (Short-term Recreational Rentals). 2. That KMC 14.20.150(i)(4) requires that a written request for transfer be submitted. 3. A request to transfer the permit was received on November 20, 2006. 4. That the transfer requires that the permit continue operation under conditions originally outlined. 5. Applicant must comply with all Federal, State, and local regulations. Kenai Municipal Code (KMC) 14.20.150(l)(5) states the following on transfers of conditional use permits: KMC 14.20.150(i)(5) Transferability. A conditional use permit is not transferable from one (1) parcel of land to another. Conditional use permits may be transferred from one (1) owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. There are no outstanding conditional use permit code violations for 1230 Angler Drive, and therefore, the conditions of PZ06-84 (PZ01-11) are being met. The new permit holder would continue to operate under the terms and conditions of the original Conditional Use Permit PZ06-84 (PZ01-11). There will not be a change in use. RECOMMENDATIONS The transfer of Conditional Use Permit PZ06-84 (PZ01-11) for a Hotel (Short-Term Recreational Rentals) meet the requirements of Kenai Municipal Code 14.20.150(l)(5) and 14.20.157(a). City staff recommends approval of the transfer of Conditional Use Permit PZ06-84 (PZ01-11), subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 3. 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(l)(5). 5. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 6. All conditions of PZ06-84 (PZ01-11) will be met. ATTACHMENTS A. Conditional Use Permit PZ06-84 (PZ01-11) B. Application C. Aerial Map Page 50 v.~;~~~~ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-84 (PZ 01-11) ttie"~°f TRANSFER OF CONDITIONAL USE PERMIT KENA~ SKA HOTEL SHORT-TERM RECREATIONAL RENTALS) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR HOTEL (SHORT-TERM RECREATIONAL RENTALS) AS AUTHORIZED BY 14.20.158 OF THE KENAI ZONING CODE FROM: BRYAN R. LOWE TO HAL WESTBROOK, MEMBER OF BLUE HERON LAND COMPANY, LLC FOR THE PROPERTY KNOWN AS LOT 1, BLOCK 2 ANGLERS ACRES SUBDIVISION, ADDITION NO. 1 PART 2, KENAI, ALASKA. WHEREAS, the Commission finds: 1. That a Conditional Use Permit was granted to Bryan R. Lowe, Hi-Lo Charters, in 2001 for Hotel (Short-term Recreational Rentals). 2. That KMC 14.20.150 (i)(4) requires that a written request for transfer be submitted. 3. A request to transfer the permit was received on November 20, 2006. 4. That the transfer requires that the permit continue operation under conditions originally outlined. 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT FOR BRYAN R. LOWE DBA HI-LO CHARTERS FOR HOTEL SHORT TERM RECREATIONAL RENTALS) BE TRANSFERRED TO HAL WESTBROOK, MEMBER OF BLUE HERON LAND COMPANY, LLC. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AT THEIR SCHEDULED MEETING DECEMBER 13, 2006. AIRPERSON AT ,.SST Page 51 NOV. 15.Ze06 3~43PM CITY 0~ KENAI N0. 000 P.zi3 CITY OF KENAI PLANNING AND ZONING C(~MMtSSION R>~S~LUTION NO. PZ01-11 CONDITIONAL. USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REO.UEST FOR A CONDITIONAL USE PERMIT T0: NAME: Brian Lowe - HLLo Charters ..._..__________~ _ USE Hote! -Short-term Recreational Rentals LOCATED_ 1230 Analer Drive -Lot 1, Block, 2 Anglers Acres Subdivision, Part? Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL N0: 04939049 _ ~.J ._ WHEREAS, the Commission finds: 1 .. That an application meeting the requirements of Section 1 X1.20.150 has been submitted and received on: March 7, 2001 _"______. . 2. This request is on land zoned; _Rural Residential _`__ 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a . ~ c. z. G~ `{'i-Lt' c 1, c,. c~ . b. 4. That a duly advertised public hearing as required by KMC 14.20.2£i0 was conducted by the Commission on: March 28, 2001 __~_ ,~ NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS pEMONSTRATED THAT TI-{E PROPOSED HOTEL (SHORT-T1wRM RECREATIONAL. RENTALS) MEETS T~{E CONDITIONS REQUIRED FOR SAID OPERATION AND "THEREFORE THE COMMISSICIN DOES AUT!-IORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPRUPRIATC PERMIT. PASS~p BY THE PLANNING AND ZONING (;OMMISSION OF THE CITY OF KENAI, AL615KA, IVIARCH.z8 , 2401. r~~ ~ ,~~~ CHl`-IRPERS N: t _ 6-~ Yy~"~""f! .~~? ~.~ _ Q , ~ /1 Page 52 iJOV.15..?_706 3~43PM CITY 0~ KENAI P .7.01-11 Page 2 N0. deb P.:~i3 3.. Additional resluiremen~ts; a. Develop water and sewer system as submitred with application to meet D.E,C. standards for the proposed use, b. Prior to implementation of use, the structures must be inspected bey the City of Kenai Fire Marshal and meet fire code requirements for proposed use. After initial inspection, as long as the use is active, stractures must be inspected eveYy two years thereafter.. c. If food service is provided, must meet D.E.C.. requirements for food service, Page 53 Page 54 PZ2021-42 CUP Transfer1230 Angler Drive ANGLER DR.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: 12/2/2021 Page 55 Kenai City Council - Regular Meeting Page 1 of 4 December 01, 2021 Kenai City Council - Regular Meeting December 01, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 4** www.kenai.city Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes) per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Joy Merriner, BDO USA, LLP - Presentation of the FY2021 City of Kenai Annual Comprehensive Financial Report, Federal and State Single Audit Reports, and Audit Wrap Up. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3254-2021 - Amending Kenai Municipal Code Section 14.05.025 – Telephonic Participation at Planning and Zoning Commission Meetings, to Provide for Remote Electronic Participation in Planning and Zoning Commission Meetings by Commission Members. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3255-2021 - Accepting and Appropriating Grants from the U.S. Department of Homeland Security Passed Through the State of Alaska Department of Military and Veterans’ Affairs for the Purchases of Public Safety Radios for Police, Fire, and Communications Departments. (Administration) 3. ADOPTED UNANIMOUSLY. Resolution No. 2021-68 - Authorizing a Budget Transfer in the CARES Act Recovery Fund, First Responder and Incident Management Team Payroll, Page 56 Kenai City Council - Regular Meeting Page 2 of 4 December 01, 2021 CARES Act Administration and Non-payroll, and Individual Assistance Grants Departments. (Administration) 4. ADOPTED UNANIMOUSLY. Resolution No. 2021-69 - Approving the Execution of a Lease of Airport Fund Lands Using the Standard Lease Form Between the City of Kenai and Integrated Account Management, Inc. on Lot 3, Block 3, Cook Inlet Industrial Air Park Subdivision. (Administration) 5. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2021-70 - Opposing Government Mandates Requiring Vaccines and Face Coverings Related to COVID 19. (Council Members Baisden and Winger) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of November 3, 2021. (City Clerk) F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration) 2. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12/15/2021. *Ordinance No. 3256-2021 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Funds, Authorizing the Acceptance of a Grant from the Federal Aviation Administration for the Kenai Municipal Airport Sand Storage Facility Construction Phase II, and Authorizing a Budget Transfer in the Airport Improvements Capital Project Fund – Kenai Municipal Airport Sand Storage Facility Project to Facilitate the Return of Funds Advanced from the Airport Special Revenue Fund. (Administration) 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12/15/2021. *Ordinance No. 3257-2021 - Accepting and Appropriating a Collection Equity Award from the Network of the National Library of Medicine Region 5 for the Purchase of Health and Wellness Titles for the Kenai Community Library Collection. (Council Members Knackstedt and Pettey) 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12/15/2021. *Ordinance No. 3258-2021 - Accepting and Appropriating Funding from the State of Alaska Department of Health and Social Services, Division of Public Health, for the Healthy and Equitable Communities Program, and Authorizing the City Manager to Execute a Memorandum of Agreement for this Funding. (Administration) 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12/15/2021. *Ordinance No. 3259-2021 - Increasing Estimated Revenues and Appropriations in the General and Municipal Roadway Improvement Capital Project Funds, and Increasing a Purchase Order to Foster’s Construction for the 2021 Bryson Ave Bluff Erosion Repair Project. (Administration) Page 57 Kenai City Council - Regular Meeting Page 3 of 4 December 01, 2021 6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12/15/2021. *Ordinance No. 3260-2021 - Amending Kenai Municipal Code 13.40.010-Definitions, to Maintain Current Regulations on Off-Road Vehicle Use in Kenai After January 1, 2022. (Council Member Knackstedt) 7. Discussion - Land Management Plan Commission Consideration Changes (Vice Mayor Glendening and Council Member Winger) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION M. PENDING ITEMS 1. Resolution No. 2021-64 - Awarding an Agreement for the Kenai Waterfront Redevelopment Assessment and Feasibility Study. (Administration) [Clerk's Note: At the November 3, 2021 Meeting, this item was Postponed to the December 15, 2021 Council Meeting; a motion to enact is on the floor.] N. ADJOURNMENT O. INFORMATION ITEMS Page 58 Kenai City Council - Regular Meeting Page 4 of 4 December 01, 2021 1. Purchase Orders Between $2,500 and $15,000 2. Dog Park Update from Pat Porter 3. Kenai Historical Society Newsletter - 12/2021 4. United Cook Inlet Drift Association Statement on the Cook Inlet Fishery Closure. 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 OR https://us02web.zoom.us/j/87096772386 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 870 9677 2386 Passcode: 515923 Meeting ID: 870 9677 2386 Passcode: 515923 Page 59 144 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 Vacant – City of Seward ~ Vacant – City of Soldotna ~ Pamela Gillham – Ridge Way ~ Vacant – Northwest Borough Diane Fikes – City of Kenai ~ Virginia Morgan – East Peninsula ~ Franco Venuti – City of Homer Planning Commission Action Agenda November 29, 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 must begin by stating his or her name and mailing 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. If participating via Zoom the testifier will need to use the Zoom “raise hand” feature or press *9 by phone to speak. 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. Browns Acres Subdivision 2021; KPB File 2021-072 b. Causeway Subdivision 2021 Replat; KPB 2021-138 c. East Cohoe Subdivision Hedger Replat; KPB File 2021-120 d. Goodrich Acres Sanchis Replat; KPB File 2021-008 Page 60 Planning Commission Action Agenda November 29, 2021 Page 2 e. Green Forest Subdivision Black Addition; KPB File 2021-010 f. Hollywood Park Koch Addition; KPB File 2020-033 g. Kenai Landing Subdivision 2021 Addition; KPB File 2021-089 h. Kuchta Estates Hansen Addition; KPB File 2021-119 i. Melickian Subdivision 2021 Addition; KPB File 2021-094 j. Ninilchik Airport Heights 2021 Replat; KPB File 2021-103 k. Ninilchik River Estates Subdivision Addn. 1 McLean Addn.; KPB File 2021-108 l. Quandt Subdivision Newton-Segura Addition; KPB File 2020-056 m. Razdolna Subdivision 2020 Addition; KPB File 2020-104 n. Skylin e Drive Subdivision 2020 Replat; KPB 2020-062 o. Willard Point; KPB File 2021-056 *4. Plats Granted Final Approval (20.10.040) a. Corea Bend Subdivision 2021 Replat; KPB 2021-128 *5. Plat Amendment Request - None *6. Commissioner Excused Absences a. Blair Martin, Kalifornsky Beach b. City of Soldotna, Vacant c. City of Seward, Vacant d. Northwest Borough, Vacant *7. Minutes a. November 8, 2021 Planning Commission Meeting Minutes Motion to approve the consent & regular agendas passed by unanimous vote (7-Yes, 1-Absent, 3 Vacant Seats). D. OLD BUSINESS – None E. F. NEW BUSINESS 1. Building Setback Encroachment Permit Naff Subdivision Part Two Lot 2 Block 1 KPB File: 2021-145; Resolution 2021-35 Petitioner: Ramona C. & Alexander N. Connors Location: Tuffy Lane & Scout Lake Loop Road Sterling Area Motion to adopt PC Resolution 2021-35 granting a building setback encroachment permit passed by unanimous vote (7-Yes, 1-Absent, 3 Vacant Seats). 2. Ordinance 2021-40: An ordinance amending KPB 2.40.015 Regarding Planning commission membership and apportionment. Motion to forward to the assembly a recommendation to adopt Ordinance 2021-40 passed by unanimous vote (7-Yes, 1-Absent, 3 Vacant Seats). G. PLAT COMMITTEE REPORT - The Plat Committee reviewed 9 plats. H. OTHER Page 61 Planning Commission Action Agenda November 29, 2021 Page 3 I. PUBLIC COMMENT/PRESENTATION (Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per speaker unless previous arrangements are made) J. DIRECTOR'S COMMENTS K. COMMISSIONER COMMENTS L. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS 1. Nikiski Soil Treatment Facility Information NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, December 13, 2021 in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. 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 62 2022 MEETING CALENDAR All meetings take place at Kenai City Hall Council Chambers, 210 Fidalgo Ave, unless otherwise noted. For more information call 283-8231 Council Packet Deadline is 4:00 p.m. the Thursday prior to the meeting Commission Packet Deadlines are 2:00 p.m. one week prior to the meeting KEY CITY COUNCIL PLANNING & ZONING PARKS & RECREATION AIRPORT HARBOR COUNCIL ON AGING - MEETS AT SENIOR CENTER KEY CONTINUED… BEAUTIFICATION HOLIDAY – CITY OFFICES CLOSED JANUARY FEBRUARY MARCH APRIL MAY JUNE S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Page 63 City of Kenai Draft Land Management Plan 2021 Public Comment Submission Form Public comments are an important part of developing the City of Kenai Land Management Plan and are encouraged. Please note that comments submitted are considered a public document. Date: First and Last Name: Comment is Related To: Residency: Comments: Submission Information 10/13/2021 (the name entered on this form will appear as part of the public record): Andrew Walsh Comment is related to the following map(s), page(s), or parcel number(s): PARCEL ID: 04916071 Are you a resident of the City of Kenai? Yes No Comment Is the City willing to allow a Right of Way vacation as part of this land management plan? If so, what is the process to acquire unused Right of Way? Thank you, Andrew Walsh Page 64 City of Kenai Draft Land Management Plan 2021 Public Comment Submission Form Public comments are an important part of developing the City of Kenai Land Management Plan and are encouraged. Please note that comments submitted are considered a public document. Date: First and Last Name: Comment is Related To: Residency: Comments: Submission Information 10/13/2021 (the name entered on this form will appear as part of the public record): Andrew Walsh Comment is related to the following map(s), page(s), or parcel number(s): PARCEL ID: 04916071 Are you a resident of the City of Kenai? Yes No Comment Please disregard my previous comment. I now see the parcel in question is KPB owned, not City of Kenai owned. Thank you, Andrew Walsh Page 65 City of Kenai Draft Land Management Plan 2021 Public Comment Submission Form Public comments are an important part of developing the City of Kenai Land Management Plan and are encouraged. Please note that comments submitted are considered a public document. Date: First and Last Name: Comment is Related To: Residency: Comments: Submission Information 10/11/2021 (the name entered on this form will appear as part of the public record): Victoria Askin Comment is related to the following map(s), page(s), or parcel number(s): Map 10, Parcel No. 04316017, Page 48 Are you a resident of the City of Kenai? Yes No Comment Changing the zoning of a piece may be a concern for potential purchase. Would that be done before sale or after? Great Job! The plan is easy to follow + understand. Can't wait to see the online tool. Page 66 City of Kenai Draft Land Management Plan 2021 Public Comment Submission Form Public comments are an important part of developing the City of Kenai Land Management Plan and are encouraged. Please note that comments submitted are considered a public document. Date: First and Last Name: Comment is Related To: Residency: Comments: Submission Information 10/11/2021 (the name entered on this form will appear as part of the public record): Glenese Pettey Comment is related to the following map(s), page(s), or parcel number(s): Are you a resident of the City of Kenai? Yes No Comment What is the total acres in the City of Kenai? What percentage of land is in private holding? Page 67 Page 68