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Home My WebLink About2022-01-26 Planning & Zoning PacketKenai Planning & Zoning Commission – Regular Meeting Page 1 of 2 January 26, 2022 Kenai Planning & Zoning Commission - Regular Meeting January 26, 2022 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. Election of Chair and Vice-Chair 5. Consent Agenda 6. *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 January 12, 2022 C. SCHEDULED PUBLIC COMMENT (Public comment limited to ten (10) minutes per speaker) 1. Jon Faulkner - Kenai Home Port Project Update D. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. CONSIDERATION OF PLATS 1. Resolution PZ2022-02 – Preliminary Subdivision Plat of Kenaitze Government Lots Replat, submitted by Edge Survey and Design, P.O. Box 208, Kasilof, AK 99610, on behalf of Kenaitze Indian Tribe, P.O. Box 988, Kenai, AK 99611 2. Resolution PZ2022-03– Preliminary Subdivision Plat of Toyon Subdivision 2021 Replat, submitted by Edge Survey and Design, P.O. Box 208, Kasilof, AK 99610, on behalf of Kenaitze Indian Tribe, P.O. Box 988, Kenai, AK 99611 Page 1 Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 January 26, 2022 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 January 12th Meeting, this Resolution was Postponed to this Meeting; a Motion to Enact is On the Floor.] H. NEW BUSINESS I. PENDING ITEMS J. REPORTS 1. City Administration 2. Kenai Peninsula Borough Planning 3. City Council K. ADDITIONAL PUBLIC COMMENT (Public comment limited to five (5) minutes per speaker) L. INFORMATIONAL ITEMS M. NEXT MEETING ATTENDANCE NOTIFICATION 1. February 9, 2022 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/86272502978 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 862 7250 2978 Passcode: 640260 Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING JANUARY 12, 2022 – 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, A. Douthit, G. Woodard, A. Douthit, J. Halstead, R. Springer, G. Greenberg Commissioners absent: D. Fikes Staff/Council Liaison present: Planning Director R. Foster, City Manager P. Ostrander, Deputy City Clerk M. Thibodeau, Council Liaison J. Glendening A quorum was present. 3. Agenda Approval MOTION: Commissioner Halstead MOVED to approve the agenda and Commissioner Greenberg SECONDED the motion. There were no objections; SO ORDERED. 4. Election of Chair and Vice-Chair Chair Twait encouraged any commissioners to consider the Chair or Vice-Chair position if they were interested. Because not all members of the commission were present, it was decided to hold the election of Chair and Vice-Chair at their next regular meeting. 5. Consent Agenda MOTION: Commissioner Halstead MOVED to approve the consent agenda and Commissioner Woodard SECONDED the motion. There were no objections; SO ORDERED. Page 3 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 5 January 12, 2022 *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. 6. *Excused absences – None B. APPROVAL OF MINUTES 1. *Regular Meeting of December 8, 2021 Approved by the consent agenda. 2. *Regular Meeting of December 22, 2021 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENT – None. D. UNSCHEDULED PUBLIC COMMENT – None. E. CONSIDERATION OF PLATS – None. F. PUBLIC HEARINGS 1. Resolution PZ2022-01 - Application for a Conditional Use Permit for Cabin Rentals for the property described as North 70 ft of South 140 ft of Government Lot 166, located at 104 N Tinker Lane, Kenai, Alaska 99611. The application was submitted by Bill Elmore, P.O. Box 1531, Kenai, Alaska 99611. MOTION: Commissioner Halstead MOVED to approve Resolution No. PZ2022-01 and Commissioner Douthit SECONDED the motion. Dale Elmore provided a background on the property, noting that it was the estate of his wife’s father and was previously the Brown Bear Gun Shop. He explained that he wants to make the property a vacation rental, while maintaining the log cabin as a historical structure and tribute to his father-in-law, and wants it to be a destination for people who come to Kenai. Planning Director Foster presented his staff report with information provided in packet explaining that the applicant wishes to obtain a conditional use permit for cabin rentals. The criteria for conditional use permits was reviewed; it was noted the application met the criteria and City staff recommends approval subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to starting operations, a landscape/site plan must be reviewed and approved by the Planning Director. Page 4 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 5 January 12, 2022 3. Prior to beginning construction of any new structures, a building permit must be issue by the Building Official for the City of Kenai. Any renovations must check in with the Building Official regarding any required building permits. 4. Standards for commercial marijuana establishments per KMC14.20.330 must be maintained. 5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 6. The applicant will meet with City staff for on-site inspections when requested. 7. If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14.20.150(l)(5). 8. 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. 9. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. Chair Twait opened for public hearing. Mosaddeque Reza expressed concern about traffic, noting there was no speed limit sign on that road. He asked if there will be any on-site management to ensure there will be no trash left out, if there is the possibility of it turning into a hotel, and if there will be increased presence of police officers. There being no one else wishing to be heard, the public hearing was closed. In response to commissioner questions, Dale Elmore clarified that he had no plans to build additional cabins on this property; that the building would have two beds and two baths; that he there would not be on-site management but there is a plan for management, cleaning and trash; and that he resides locally. It was noted that his will be a great opportunity to use a vacant property with a good business plan that keeps the neighborhood in mind, and appreciation was expressed for the owner’s intent of maintaining the building as a historic property. MOTION TO AMEND: Commissioner Douthit MOVED to amend Resolution PZ2022-01 to add a condition of quiet hours of 10pm-6am. Commissioner Woodard SECONDED the motion. VOTE ON AMENDMENT: YEA: Springer, Halstead, Woodard, Douthit, Greenberg, Twait NAY: VOTE ON MAIN MOTION AS AMENDED: YEA: Halstead, Woodard, Douthit, Greenberg, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. Page 5 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 5 January 12, 2022 Chair Twait noted the fifteen-day appeal period. The Commission encouraged Mr. Reza to contact the City of Kenai Streets Department if he wants to pursue installation of a new speed limit sign. G. NEW BUSINESS – None. H. 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 December 22nd Meeting, this Resolution was Postponed to this Meeting; a Motion to Enact is On the Floor.] Chair Twait opened for public hearing; there being no one wishing to be heard, the public hearing was closed. Director Foster noting additional information provided by Administration that addresses the intent of the Land Management Plan (LMP), examples of motions, and a requested amendment with housekeeping changes. City Manager Ostrander provided further clarification on the implementation plan that will follow Council’s approval of the final LMP, and the status of other commissions’ resolutions recommending the LMP. MOTION: Commissioner Douthit MOVED to postpone Resolution No. PZ2021-39 until January 26, 2022 and Commissioner Woodard SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There were no objections; SO ORDERED. I. PENDING ITEMS – None. J. REPORTS 1. City Council – Vice Mayor Glendening noted he is pleased with the involvement of the commission, and reviewed the actions of the January 5, 2022 City Council meeting. 2. Borough Planning – No report. 3. City Administration – Planning Director Foster reported on the following: • Noted the letter in the Informational Items and explained how the code violation had been remedied; • Noted KMC Chapter 12.10 Nuisances in General in the Informational Items that was requested; • Provided information regarding marijuana tax as requested; • The next Planning & Zoning Commission regular meeting will include two plats, the continuation of LMP discussion, and the election of Chair and Vice Chair. Page 6 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 5 of 5 January 12, 2022 K. ADDITIONAL PUBLIC COMMENT Mosaddeque Reza provided further information on the street signs near his property. L. INFORMATIONAL ITEMS 1. Code Violation Remedy Letter - 1005 Angler 2. KMC Chapter 12.10 Nuisances in General M. NEXT MEETING ATTENDANCE NOTIFICATION 1. January 26, 2022 N. COMMISSION COMMENTS & QUESTIONS Commissioner Woodard noted that she was thankful to be re-appointed for another term. Commissioner Halstead noted that he appreciates having Chair Twait and Vice Chair Fikes. Commissioner Greenberg welcomed City Clerk Saner. Chair Twait thanked City Manager Ostrander for attending the meeting. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:59 p.m. Minutes prepared and submitted by: ____________________________ Meghan Thibodeau Deputy City Clerk Page 7 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2022-02 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT KENAITZE GOVERNMENT LOTS REPLAT ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Edge Survey and Design and, WHEREAS, the plat meets Municipal Code requirements of the General Commercial (GC); and, WHEREAS, street names are referenced correctly; and, WHEREAS, access is provided via S Spruce Street, which is a paved, City maintained road; and WHEREAS, City water and sewer lines are located along S Spruce Street; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to Kenai Municipal Code 14.10.070 Subdivision design standards, the plat conforms to the minimum street widths, easements are sufficiently provided for utilities, the proposed lot would be arranged to provide satisfactory and desirable building sites, and the preliminary plat meets standards for water and wastewater. 2. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the proposed lots meets City standards for minimum lot sizes. 3. Pursuant to Kenai Municipal Code 14.24.020 General Requirements, the proposed lots meet City standards for minimum lot width, maximum lot coverage, maximum height, and setbacks. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of Kenaitze Government Lots Replat be approved subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 26th day of January, 2022. Page 8 Resolution No. PZ2022-02 Page 2 of 2 JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ Michelle M. Saner, MMC, City Clerk Page 9 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: January 21, 2022 SUBJECT: PZ2022-02 – Preliminary Plat – Kenaitze Government Lots Replat Applicant: Kenaitze Indian Tribe P. O. Box 988 Kenai, AK 99611 Submitted By: Edge Survey and Design P.O. Box 208 Kasilof, AK 99610 Requested Action: Preliminary Subdivision Plat – Kenaitze Government Lots Replat Legal Description: T 5N R 11W SEC 6 SEWARD MERIDIAN KN GOVT LOTS 27 28 29 32 & 33 T 5N R 11W SEC 6 SEWARD MERIDIAN KN THAT PORTION OF GOVT LOT 31 AS PER W/D 273 @ 847 DESCRIBED AS BEGIN AT NE CORNER OF GOV LOT 32; THENCE N 41 DEGREES 48' 00" W 85.54 FT MORE OR LESS TO W CORNER OF GOV LOT 27; THENCE S 53 DEGREES 54' 09" W 107.77 FT MORE OR LESS TO POINT ON N LINE OF GOV LT 32; THENCE ALONG N LINE S 89 DEGREES 53' 30" E TO POINT OF BEGIN T 5N R 11W SEC 6 SEWARD MERIDIAN KN THAT PORTION OF GOVT LOT 31 AS PER W/D 273 @ 847 DESCRIBED AS BEGIN AT NE CORNER OF GOV LOT 32; THENCE N 41 DEGREES 48' 00" W 85.54 FT MORE OR LESS TO W CORNER OF GOV LOT 27; THENCE S 53 DEGREES 54' 09" W 107.77 FT MORE OR LESS TO POINT ON N LINE OF GOV LT 32; THENCE ALONG N LINE S 89 DEGREES 53' 30" E TO POINT OF BEGIN T 5N R 11W SEC 6 SEWARD MERIDIAN KN NORTH 150 FT OF GOVT LOT 34 Page 10 Page 2 of 3 Property Address: 11823 Kenai Spur Highway KPB Parcel No: 04702199, 04702017, 04702011 Lot Size: Approximately 4.82 acres, 0.11 acres, and 0.97 acres Existing Zoning: General Commercial (GC) Current Land Use: Vacant Land Use Plan: Central Commercial GENERAL INFORMATION Edge Survey and Design submitted a preliminary plat on behalf of the property owners, the Kenaitze Indian Tribe. The plat affects the parcels with KPB Parcel No: 04702199, 04702017, and 04702011. The proposed Kenaitze Government Lots Replat will consolidate a few smaller parcels to create one more manageable parcel, with a shared zoning designation of General Commercial and one property owner. Application, Public Notice, Public Comment KMC 14.10.010 General under Chapter 14.10 Subdivision Regulations states preliminary plats or replats must first be submitted to the City for review prior to the submittal of the plat to the Kenai Peninsula Borough Planning Department. Kenai Municipal Code (KMC) 14.10.060 describes the process in more detail. The plat will be reviewed first by the City of Kenai Planning and Zoning Commission and then by the Kenai Peninsula Borough’s Plat Committee and Planning Commission. The property owners completed the City of Kenai preliminary plat submittal form. The City of Kenai follows Kenai Peninsula Borough Code 20.25.070 and 20.25.080 for preliminary plat submittal requirements. City staff published notice of the consideration of the plat as part of the agenda for the City of Kenai Planning and Zoning Commission in the Peninsula Clarion. No public comments have been received as of January 21, 2022. ANALYSIS Access to the proposed Kenaitze Government Lots Replat is provided via S Spruce Street, which is a paved, City maintained road. City water and sewer lines are adjacent along S Spruce St. The preliminary plat meets requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations. Page 11 Page 3 of 3 RECOMMENDATIONS City staff recommends approval of the preliminary plat of Kenaitze Government Lots Replat subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. ATTACHMENTS 1. Application 2. Preliminary Plat 3. Aerial Map Page 12 DocuSign Envelo pe ID : 8F262584-BE43-4B7S.90A9~DOOE90C666D City of Kenai ); Planning and Zoning Department Preliminary Plat 210 Fidalgo Avenue Kenai, AK 99611 Submittal Form (907) 283-8200 planning@kenai. city www kenai.citylplann ing ~~~) .~ ..... Name: Edge Survey and Design Mailing Address: PO Box 208 City: I Kasilof State: IAK IZip Code: 199610 Phone Number(s): 28~9047 Email: jason@edgesurvey.net l~(•l'•'•.'1::1~~ Name: Kenaitze Indian Tribe Mailing Address: P0Box988 City: I Kenai State: IAK IZip Code: I 99611 Phone Number(s): 335-7208 -Don Ohler Email : dohler@kenaitze.org ~ ·~ Kenai Peninsula Borough Parcel #: 04708609 and 0470881 0 Current City Zoning : Gene ra l Commercial Use: D Resicjentia l D Recreational (] Commercia l D other: Water: D On Site jg] C ity D Community Sewer: D On Site 181 C ity D Community -~ -.... Preliminary Plat Name: Kena itze Government Lots Replat Revised Preliminary Plat Name: Vacation of Public Right-of-Way: DYes IXl No Street Name (if vacating ROW): Exceptions Required and Requested: None Comments: .-..-...-...-·---- Platti ng goal is to combine· several small parcels. ~C \J CIVCU CITY OF KENAI 'z DATE }')--Z PLANNING DEPART MEt\!T r1"'"°' ~ r -·--~.nl'8 ~ Certificate to Plat ~ (1) 24" x 36" Plat P!:J (2) 11" x 17" Plats ........... =.I..---~- Signature: C/M.Lsu. th •• J "'.~ I Date: 1 1-l/ ~I./ l Ull I 14 40 Al Print Name: Chelsea Hendriks I Title/Business: lntenm Executive Director Kenaitze Indian Tribe Page 13 KENAITZE INDIAN TRIBE e 0 ~ ·~ c: Cl> i • Q'.) tCJ O> )( 0 co 0 0.: Kenaitze Indian Tribe Resolution No. 2021-42 Authorizing Chelsea Hendriks, Interim Executive Director of Tribal Administration, to sign a// contracts, agreements. and official documents on behalf of the Kenaitze Indian Tribe in FY2021-2022 WHEREAS, Kenaitze Indian Tribe is a federally recognized Tribal Government reorganized in 1971 under the statutes of the Indian Reorganization Act of 1934, as amended for Alaska in 1936, and the Tribal Council is the governing body of Kenaitze Indian Tribe; and, WHEREAS, Kenaitze Indian Tribe has established long-term goals to enhance the health, social, and economic well-being, education, judicial, and administrative concerns of its people via programs that serve over 4,410 Alaska Native and American Indian {AN/Al) and other people who reside In the central and upper Kenai Peninsula, including approximately 1,717 enrolled Tribal Members; and, WHEREAS, Kenaitze Indian Tribe has successfully administered P.L. 93-638 "Indian Self-Determination and Educational Assistance Ace (ISDEAA) programs independently for more than 17 years , as well as other federa lly funded projects v ia the Burea u of Indian Affairs , the Indian Health Service, and the U.S . Departments of Health and Human Services , Justi ce , Education, Labor, Housing and Urban Development. Interior, and Homeland Security, in addition to other grants and funding agreements awarded by the State of Alaska and private foundations, among other sources. and will continue such successful administration into the future; and, NOW THEREFORE BE IT RESOLVED, that the Kenaitze Tribal Council hereby authorizes Chelsea Hendriks, Interim Executlve Director of Tribal Administration. t o sign all contracts, agreements, and official documents on behalf of the Kenaitze Indian Tribe in FY20 2 1-2022. Additionally, all documents must be signed by Bernad ine Atch ison, Tribal Council Cha ir , or D iana l. Ziru l, Tribal Council Treasurer. Signature autho rity may be delegated by Chelsea Hendriks to Larry Barnes, Kenaitze Indian Tribe's Finance Director. CERTIFICATION Adopted this 25th day of June, 2021 , by a vote 6 yeas and 0 nays 0 abstentions , and --'O=---absent, 0 opposed . RESOLUTION 2021-42 Approved June 25, 2021 Bernadine Atchison, Tribal Council Chair Kenaitze Indian Tribe Virginia Secretary Kenaitze Indian Tribe Page 1of1 Page 14 Stewart Pit{e of tlie 'l(enai a>eninsufa, Inc. Edge Survey and Design, LLC. PO Box208 Kasilof, AK 99610 Attention: Jason Young Gentlemen: 35096 Kenai Spur Hwy. Soldotna, AK 99669 Tel : (907) 260-8031 Fax: (907) 260"'8036 CERTIFICATE TO PLAT File Number: 21153 Premium: $350.00 Tax: This is a certificate as of November 30, 2021 at 8:00 A.M. for a plat out of the following property: Parcel 1: U.S. Government Lots 27, 28, 29, 32, and 33 in Section 6, Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District. Third Judicial District, State of Alaska, EXCEPTING THEREFROM that portion described in Declaration of Taking recorded March 17, 1971 in Book 39 at Page 225, and EXCEPTING THEREFROM Lot 32, that portion lying within Thirty (30) feet of, and contiguous to, the Westerly boundary of said lot, as said lot and section are shown on the official Bureau of Land Management plat of the Dependent Resurvey and Subdivision of said Section 6. ALSO EXCEPTING THEREFROM Lot 33, that strip of land, 4950 square feet in area, contiguous to the Wester1y boundary of said lot, as said tot is described on the official Bureau of Land Management plat of the Dependent Resurvey and Subdivision of said Section 6. ALSO EXCEPTING THEREFROM Lot 33, that strip of land, 6125 square feet, contiguous to the Southerly boundary of the aforedescribed lot (commonly kn own as access road to Lee Apartments). Parcel 2: That Portion of Government Lot 31, In Section 6, Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska, more particularly described as follows: Begin at the most northeasterly comer of Lot 32 of Section 6; Thence N. 41°48'00" W, 85.54 feet more or less to the most Westerly corner of Lot 27 of said Section 6; Thence in a direct line, S. 53"54'09" W., 107. 77 feet more or less to a point on the North line of said Lot 32; Thence along said North tine, S. 89°53'30" E. to the point of beginning. The Company certifies that record title is vested in Kenaitze Indian Tribe an estate in fee simple, free from all liens, encumbrances, and objections except for as follows: 1. RESERVATIONS and exceptions as contained in U.S. Patents, and/or acts authorizing the issuance thereof. 2. RESERVATIONS AND EXCEPTIONS as contained in State of Alaska Patent, and/or in acts authorizing the issuance thereof. Said patent, among other things, reserves all oil, gas and other minerals together with the privileges, mining and drilling rights and immunities. FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 3. RESERVATIONS AND EXCEPTIONS as contained in Mineral Patent from the United States of America to the State of Alaska Recorded: September 27, 1982 Certificate lo Plat KB1 File No.: 21153 Page 15 Volume/Page: 194n10 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 4. TAXES AND ASSESSMENTS, if any due the taxing authority indicated: Taxing Authority: City of Kenai 5. TAXES ANO ASSESSMENTS, if any, due the taxing authority indicated: Taxing Authority: KENAI PENINSULA BOROUGH 6. RESERVATION OF EASEMENT for highway purposes, and any assignments or uses thereof for recreational, utility or other purposes, as disclosed by Public Land Order No. 601, dated August 1 O, 1949 and amended by Public Land Order No. 757, dated October 10, 1959; Public Land Order No. 1613, dated April 7, 1958; and Department of the Interior Order No. 2665, dated October 18, 1951, Amendment No. 1 thereto, dated July 17, 1952 and Amendment No. 2 thereto, dated September 15, 1956, filed in the Federal Register. 7. EASEMENT for electric lines or system and/or telephone lines together with right to enter, maintain, repair and clear shrubbery: Recorded: Oecember31, 1963 Volume/Page: Misc. 111267 Granted To: Kenai Power Corporation Affects: General Easement, no definite location disclosed (Lots 27, 28, 29 and 31) Release of General Right-of-Way, including the terms and conditions therein: Recorded: November 8, 2012 Serial No.: 2012-011074-0 8. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in deed: Recorded: August 3, 1967 Volume/Page: 471150 (Lot 33) FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 9. EASEMENT affecting the portion of said premises and for the purposes stated herein, and incidental purposes thereto: For: In Favor Of: Recorded: Volume/Page: Affects: natural gas line and related purposes Kenai Utility Service Corporation July 23, 1968 32/79 Portion of said property 10. TERMS AND CONDITIONS contained in that certain Instrument by the City of Kenai to Kenai Electric, Inc., and recorded: April 1, 1977 Volume/Page: 1061456 (Affects Lot 31) 11. RECORD OF SURVEY87-64. 12. RECORD OF SURVEY 2012-34. 13. EASEMENT affecting the portion of said premises and for the purposes stated herein, and incidental purposes thereto: For: Recorded: Certificate to Plat K81 ingress and egress to Lot 34 January 16, 2013 FileNo.: 21153 Page 16 Serial No.: Affects: 2013-000445-0 Portion of Lot 33 14. EASEMENT affecting the portion of said premises and for the purposes stated herein , and incidental purposes thereto : For: tn Favor Of: Recorded: Serial No.: Affects: te lephone/telecommunication lines and related purposes ACS of the Northland, LLC April 9, 2013 2013-003311-0 Portion of said land 15. KENAI PENINSULA BOROUGH PLANNING COMMISSION RESOLUTION 2013·08, including the tenns and conditions therein: Recorded: April 29, 2013 Serial No.: 2013-004092-0 NOTE: Said Resolution is to vacate the 15 foot access easement along the south boundary of Lot 33, as described and recorded in Book 47 at Page 150 and also to vacate other property. It is noted that the City of Kenai Deeded Lot 33, and excluded two pieces of property in Book 47 at Page 150. The Company can not determine if It can be vacated or it has to be deeded by the City. 16. AN OIL AND GAS LEASE affecting the above interest under the terms, covenants and conditions therein provided, as disclosed by Memorandum: Lessor: State of Alaska Lessee: Hilcorp AJaska, LLC Recorded: February 2, 2016 Serial No.: 2016-000872-0 FURTHER, no other examination of the excepted title to m inerals has been made herein and no insurance nor responsibirrty therefore is implied or assumed. 17. RIGHTS OF THE PUBLIC and/or governmental entities lying within the boundaries of South Spruce Street and the Kenai Spur Hwy. Stewart Title of the Kenai Peninsula, Inc. By Terri Cotterell Authorized Signator NOTE: We wilt update this certificate to comply with Kenai Peninsula Borough Ordinance 90-38 upon notification from surveyor. 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'!Ill----Oil.Y or --------~ --- KPB Al£ No. 202 2-000 KENAITZE GOVERNMENT LOTS REPLAT A l/EPIA T OF GOV£RNltl£NT LOTS 27. 29, 211, 32, .,1.\ 1Ht NOlffl( 150' OF' G<NERNIENT .J4 AND THAT PORTION OF WT .JI AS DESCRJll£D IN BOO/( 273, PN'i£ 647, KENN RB:OllDING DISTRICr" l(ENNr.1£ ltOAH 1RflJ£ * K9W1Z£ /NDIAN .,,,. PO BOX #tJ KDIAI. ~ "61 f LOC4TED llfn.il N£ 1/4. S£C110N '· T.!JN,. R.11 W. .$.It STAT£ OF AtASlrA K£Nlll ~ llOROVOH KENN Fl£DOROING DtST1flCr" CITY OF KD/111 COH1MllNG 5.llllfl ACRES° Page 18 Kenaitze Government Lots Replat S SPRUCE STKENAI SPUR H W Y BIRCH STN SPRUCE ST.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 10050 Feet LEGEND Su bject Parcel Date: 1/21/2022 Page 19 PLANNING & ZONING COMMISSION Resolution PZ2022-02 –Preliminary Plat –Kenaitze Government Lots Replat 1 Page 20 SUMMARY 2 Applicant:Kenaitze Indian Tribe P. O. Box 988 Kenai, AK 99611 Property Address: 11823 Kenai Spur Highway KPB Parcel No: 04702199, 04702017, 04702011 Lot Size:Approximately 4.82 acres, 0.11 acres, and 0.97 acres Existing Zoning: General Commercial (GC) Current Land Use: Vacant Land Use Plan: Central Commercial Page 21 PRELIMINARY PLAT Edge Survey and Design submitted a preliminary plat on behalf of the property owners, the Kenaitze Indian Tribe. The proposed Kenaitze Government Lots Replat will consolidate a few smaller parcels to create one more manageable parcel, with a shared zoning designation of General Commercial and one property owner. 3 Page 22 STAFF ANALYSIS Access to the proposed Kenaitze Government Lots Replat is provided via S Spruce Street, which is a paved, City maintained road. City water and sewer lines are adjacent along S Spruce St. The preliminary plat meets requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations. 4 Page 23 RECOMMENDATIONS City staff recommends approval of the preliminary plat of Kenaitze Government Lots Replat subject to the following conditions: 1.Further development of the property shall conform to all federal, State of Alaska, and local regulations. 5 Page 24 ATTACHMENTS A. Application B. Preliminary Plat C. Aerial Map 6 Page 25 A. APPLICATION 7 Page 26 B. PRELIMINARY PLAT 8 Page 27 C. AERIAL MAP 9 Page 28 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2022-03 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT TOYON SUBDIVISION 2021 REPLAT ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Edge Survey and Design and, WHEREAS, the plat meets Municipal Code requirements of the Townsite Historic (TSH); and, WHEREAS, street names are referenced correctly; and, WHEREAS, access is provided via Alaska Avenue, which is a paved, City maintained road; and WHEREAS, City water and sewer lines are located along Mission Avenue; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to Kenai Municipal Code 14.10.070 Subdivision design standards, the plat conforms to the minimum street widths, easements are sufficiently provided for utilities, the proposed lot would be arranged to provide satisfactory and desirable building sites, and the preliminary plat meets standards for water and wastewater. 2. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the proposed lots meets City standards for minimum lot sizes. 3. Pursuant to Kenai Municipal Code 14.24.020 General Requirements, the proposed lots meet City standards for minimum lot width, maximum lot coverage, maximum height, and setbacks. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of Toyon Subdivision 2021 Replat be approved subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. The Kenai City Council must declare that the two 20’ public street easements to be vacated is not needed for a public purpose and approve the vacation of the 20’ public street easements as shown on the preliminary plat. Page 29 Resolution No. PZ2022-03 Page 2 of 2 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 26th day of January, 2022. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ Michelle M. Saner, MMC, City Clerk Page 30 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: January 21, 2022 SUBJECT: PZ2022-03 – Preliminary Plat – Toyon Subdivision 2021 Replat Applicant: Kenaitze Indian Tribe P. O. Box 988 Kenai, AK 99611 Submitted By: Edge Survey and Design P.O. Box 208 Kasilof, AK 99610 Requested Action: Preliminary Subdivision Plat – Toyon Subdivision 2021 Replat Legal Description: T 5N R 11W SEC 5 SEWARD MERIDIAN KN 0001592 TOYON SUB LOT 2 T 5N R 11W SEC 5 SEWARD MERIDIAN KN 0001592 TOYON SUB LOT 1 Property Address: 929 Mission Avenue and 1001 Mission Avenue KPB Parcel No: 04708610 and 04708609 Lot Size: Approximately 2.57 acres and 0.94 acres Existing Zoning: Townsite Historic Current Land Use: RV Park and Apartments Land Use Plan: Mixed Use Page 31 Page 2 of 3 GENERAL INFORMATION Edge Survey and Design submitted a preliminary plat on behalf of the property owners, the Kenaitze Indian Tribe. The plat affects the parcels at 929 Mission Avenue (KPB: 04708610) and 1001 Mission Avenue (KPB: 04708609). The proposed Toyon Subdivision 2021 Replat will combine the two parcels into one and vacate two 20’ public street easements, with a shared zoning designation of Townsite Historic and one property owner. Application, Public Notice, Public Comment KMC 14.10.010 General under Chapter 14.10 Subdivision Regulations states preliminary plats or replats must first be submitted to the City for review prior to the submittal of the plat to the Kenai Peninsula Borough Planning Department. Kenai Municipal Code (KMC) 14.10.060 describes the process in more detail. The plat will be reviewed first by the City of Kenai Planning and Zoning Commission and then by the Kenai Peninsula Borough’s Plat Committee and Planning Commission. The property owners completed the City of Kenai preliminary plat submittal form. The City of Kenai follows Kenai Peninsula Borough Code 20.25.070 and 20.25.080 for preliminary plat submittal requirements. City staff published notice of the consideration of the plat as part of the agenda for the City of Kenai Planning and Zoning Commission in the Peninsula Clarion. No public comments have been received as of January 21, 2022. ANALYSIS Access to the proposed Toyon Subdivision 2021 Replat is provided via Alaska Avenue, which is a paved, City maintained road. City water and sewer lines are adjacent along Mission Avenue. The preliminary plat meets requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations. RECOMMENDATIONS City staff recommends approval of the preliminary plat of Toyon Subdivision 2021 Replat subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. The Kenai City Council must declare that the two 20’ public street easements to be vacated is not needed for a public purpose and approve the vacation of the 20’ public street easements as shown on the preliminary plat. ATTACHMENTS 1. Application 2. Preliminary Plat Page 32 Page 3 of 3 3. Aerial Map Page 33 DocuSign Envelope ID: 7734FEBO.E894-49CF-90A2-CC0905160203 City of Kenai JC Planning and Zoning Department Preliminary Plat 210 FidalgoAvenue Kenai, AK 99611 Submittal Form (907) 283-8200 planning@kenai. city www.kenai.city/planning ~~ Name: Edge Survey and Design Mailing Address: PO Box 208 City: I Kasilof State: I AK IZip Code: 199610 Phone Number(s): 283-9047 Email: jason@edgesurvey.net ~{•l'i'l~l::::i::~ Name: Kenaitze Indian Tribe Mailing Address: PO Box988 City: I Kenai State: IAK IZip Code: 199611 Phone Number(s): 335-7208 • Oon Ohler Email: dohler@kenaitze.org :J-:(!}_j:.1-11"'1 I, I, . 1 ·.11~w Kenai Peninsula Borough Parcel #: 04708609 and 04708610 Current City Zoning: Townsite Historic Use: D Residential D Recreational D Commercial D Other: Water: D On Site !Kl City D Community Sewer: D On Site 181 City D Community T' ~ '._f f1 lZ I •P.I Preliminary Plat Name: Toyon Subdivision 2021 Reptat Revised Preliminary Plat Name: Vacation of Public RightNof-Way: l8J Yes DNo Street Name (if vacating ROW): Public Street Easement Exceptions Required and Requested: Comments: gm;;-r:.-.1v1-11 . ~----Platting goal is to combine two parcels and vacate an public street easement CITY OF KENAI t, DATE \-'3 ... 't PLANNING DEPARTMENT t;·c:u11111-J~l'L [.;;'~-13JrF§ ~ Certificate to Plat ~ (1) 24" x 3611 Plat t!l (2) 11" x 17" Plats (--::'°' ............... I (;)f? L.i? _.._ Signature: ~)(Al. 11~µ·~· I Date: I J.£/ ££./ £U£..l I J.:i 05 Al Print Name: Chelsea Hendriks I Title/Business: Interim Execu1ive Director Kenaitze Indian Tribe Page 34 KENAITZE INDIAN TRIBE co ~ ~ m 0 a.: Kenaitze Indian Tribe Resolution No. 2021-42 Authorizing Chelsea Hendriks, Interim Executive Director of Tribal Administration, to. sign all contracts, agreements, and official documents on behalf of the Kenaitze Indian Tribe in FY2021-2022 WHEREAS, Kenaitze Indian Tribe is a federally recognized Tribal Government reorganized in 1971 under the statutes of the Indian Reorganization Act of 1934, as amended for Alaska in 1936, and the Tribal Council is the governing body of Kenaitze Indian Tribe; and, WHEREAS, Kenaitze Indian Tribe has established long-term goals to enhance the health, social . and economic well-being, education, judicial, and administrative concerns of its people via programs that serve over 4,410 Alaska Native and American Indian (AN/Al) and other people who reside in the central and upper Kenai Peninsula, including approximately 1, 717 enrolled Tribal Members: and, WHEREAS, Kenaitze Indian Tribe has successfully administered P.L. 93..S38 "Indian Self·Determination and Educational Assistance Act" (ISDEAA) programs independently for more than 17 years, as well as other federally funded projects via the Bureau of Indian Affairs , the Indian Health SeNice, and the U.S. Departments of Health and Human Services, Justice, Education, Labor, Housing and Urban Development, Interior, and Homeland Security, in addition to other grants and funding agreements awarded by the State of Alaska and private foundations, among other sources, and will continue such successful administration into the future; and, NOW THEREFORE BE IT RESOLVED, that the Kenaitze Tribal Council hereby authorizes Chelsea Hendriks. Interim Executive Director of Tribal Administration, to sign all contracts, agreements, and official documents on behalf of the Kenaitze Indian Tribe in FY2021-2022. Additionally, all documents must be signed by Bernadine Atchison, Tribal Council Chair, or Diana L. Zirul , Tribal Council Treasurer. Signature authority may be delegated by Chelsea Hendriks to Larry Barnes, Kenaitze Indian Tribe's Finance Director. CERTIFICATION Adopted this 251h day of June, 2021, by a vote 6 yeas and 0 nays o abstentions, and __ o ___ absent. ___.O~-opposed. RESOLUTION 2021-42 Approved June 25. 2021 Bernadine Atchison, Tdbal Council Chair Kenaitze Indian Tribe Virginia Secretary Kenaitze Indian Tribe Page 1of1 Page 35 Stewart Pit{e of the 'l(enai a>eninsu{a, Inc. 35096 Kenai Spur Hwy. Edge Survey and Design, lLC. PO Box208 Kasilof, AK 99610 Attention: Jason Young Gentlemen: Soldotna, AK 99669 Tel: (907) 260-8031 Fax: (907) 260-8036 CERTIFICATE TO PLAT File Number: 21005 Premium: $250.00 Tax: This is a certificate as of November 24, 2021 at 8:00 A.M. for a plat out of the following property: Lots One (1) and Two (2), TOYON SUBDIVISION, according to Plat No. K-1592, Kenai Recording District, Third Judicial District, State of Alaska. The Company certifies that record title is vested in Kenaitze Indian Tribe an estate in fee simple, free from all liens, encumbrances, and objections except for as follows: 1. RESERVATIONS and exceptions as contained in U.S. Patent, and/or acts authorizing the issuance thereof. 2. TAXES ANO ASSESSMENTS, if any due the taxing authority indicated: Taxing Authority: City of Kenai 3. TAXES ANO ASSESSMENTS, if any, due the taxing authority indicated: Taxing Authority: KENAI PENINSULA BOROUGH 4. EASEMENT affecting the portion of said premises and for the purposes stated herein, and incidental purposes thereto: For: In Favor Of: public improvements and electrical transmission and distribution lines City of Kenai Recorded: April 1, 1968 Volume/Page: 50/247 Affects: blanket easement 5. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in deed: Recorded: April1, 1968 Volume/Page: 50/247 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 6. EASEMENTS, SET~BACKS ANO DEDICATIONS as delineated on Plat No. K-1592. 7. EFFECT of the notes on said Plat No. K-1592. 8. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in deed: Recorded: December 15, 1995 Volume/Page: 475/953 Certificate to Plat KB1 File No.: 21005 Page 36 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 9. RESERVATION of oil , gas and mineral rights constructive notice of which is given by recital in deed: Recorded : August 11, 2000 Volume/Page : 587/437 FURTHER, no other examination of the excepted t itle to minerals has been made herein and no insurance nor responsibility therefore is impried or assumed. DISCLAIMER OF INTEREST, including the terms and conditions therein: Recorded: September 16, 2004 Serial No.: 2004-009237 -0 10. DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING including terms and provisions thereof, to secure an indebtedness of the amount herein stated and for any other amounts payable under the terms thereof: Amount $880,000.00 Dated: December 1, 2004 Recorded : December 7, 2004 Serial No.: 2004-012359-0 Trustor: Jerry P. Dunn and Kathryn E. Dunn , husband and wife Trustee: First American Title of Alaska Beneficiary : Alaska Housing Finance Corporation NOTE : Said Deed of Trust may have been paid , but no reconveyance of record has been recorded as of the date of this Certificate to Plat. (Lot 2) 11. DEED OF TRUST AND ASSIGNMENT OF RENTS AND LEASES including terms and provisions thereof, to secure an indebtedness of the amount herein stated and for any other amounts payable under the terms thereof: Amount: Dated: Recorded: Serial No.: Truster: Trustee: Beneficiary: $400,000.00 January 25, 2010 January 26, 2010 2010-000654-0 Jerry P. Dunn Wells Fargo Financial National Bank Wells Fargo Bank NOTE: Said Deed of Trust may have been paid, but no reconveyance of record has been recorded as d the date of this Certificate to Plat. (Lot 2) Stewart Title of the Kenai Peninsula, Inc. Terri Cotterell Authorized Signator NOTE: We will update this certificate to comply with Kenai Peninsula Borough Ordinance ~38 upon notification from surveyor. Certificate to Plat KB1 Fife No.: 21 oos Page 37 ', ' ' ' ' ' ' LOT 1-B Bl.OCK 6 PLAT 2011-71 ' ' ' ',, ·· .. LOT JA BLOCK 6 11.612 lllCNiS ,. 28' 9· f ···· ..... ·. ······· ... 1· • -40' l.OT 81 BLOCK 5 PLAT 2021-96 N ................. _ .... V/ ~ '41' ~.;.jt""' -'; ~z...,.,~ --4.1.r __ _ '4.t\lj,, .:p·.4:r a. ~--~ I LOT 1 PLAT 2008-121 I I I I I I ( I I I I I I I I I I TAACT 8 PLAT 85-92 I 1. FURllER -OF lllE PROl'Ell1Y SIW.I. COHfl)ftM TO ML ll1ll!IW. SfATE OF" IUliM -UlColl. ~ :t. OOIE1DPIEll' Of' nlS PMC£L sue.ST TO 111£ QTY Of' ICEMM ~ lll!OULA'llCHS. 3. 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STATE CF AtASKA l<E1W PENINSIJIA 8DROtJGH KENAI R£CCRl)IN(J DiS1RfCT CITY Of KENN ••• 11un •111•. u1 12501 OlD Sl:WAAO, 0 f'hot1c (907) .!A.4 .. 5~0 Page 38 Toyon Subdivision 2021 Replat MISSIO N AVE INLET STKENAI AVEOVER LAND AVEALASKA AVE O V E R LA N D W AY LAND STUPLAND STGARDEN AVE C O O K A V E .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: 1/21/2022 Page 39 PLANNING & ZONING COMMISSION Resolution PZ2022-03 –Preliminary Plat –Toyon Subdivision 2021 Replat 1 Page 40 SUMMARY 2 Applicant:Kenaitze Indian Tribe P. O. Box 988 Kenai, AK 99611 Property Address: 929 Mission Avenue and 1001 Mission Avenue KPB Parcel No: 04708610 and 04708609 Lot Size:Approximately 2.57 acres and 0.94 acres Existing Zoning: Townsite Historic Current Land Use: RV Park and Apartments Land Use Plan: Mixed Use Page 41 PRELIMINARY PLAT Edge Survey and Design submitted a preliminary plat on behalf of the property owners, the Kenaitze Indian Tribe. The proposed Toyon Subdivision 2021 Replat will combine the two parcels into one and vacate two 20’ public street easements, with a shared zoning designation of Townsite Historic and one property owner. 3 Page 42 STAFF ANALYSIS Access to the proposed Toyon Subdivision 2021 Replat is provided via Alaska Avenue, which is a paved, City maintained road. City water and sewer lines are adjacent along Mission Avenue. The preliminary plat meets requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations. 4 Page 43 RECOMMENDATIONS City staff recommends approval of the preliminary plat of Toyon Subdivision 2021 Replat subject to the following conditions: 1.Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2.The Kenai City Council must declare that the two 20’ public street easements to be vacated is not needed for a public purpose and approve the vacation of the 20’ public street easements as shown on the preliminary plat. 5 Page 44 ATTACHMENTS A. Application B. Preliminary Plat C. Aerial Map 6 Page 45 A. APPLICATION 7 Page 46 B. PRELIMINARY PLAT 8 Page 47 C. AERIAL MAP 9 Page 48 _____________________________________________________________________________________ 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 49 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 50 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 51 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 52 CITY OF KENAI LAND MANAGEMENT PLAN CITY OF KENAI Page 53 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 54 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 55 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 56 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 57 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 58 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 59 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 60 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 61 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 62 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 63 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 64 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 65 Land Management Plan Recommendation Categories LAND MANAGEMENT PLANRetain Dispose Dispose - Lease Only Mixed - Retain/ Dispose Page 66 Land Management Plan Recommendation Categories LAND MANAGEMENT PLANRetain Dispose Dispose - Lease Only Mixed - Retain/ Dispose IMAGERY GIS PLUS DATA Page 67 Land Management Plan Land Fund Categories LAND MANAGEMENT PLANAirport Reserve Land Airport Land Outside the Airport Reserve General Fund Land Page 68 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 69 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 70 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 71 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 72 Online Mapping Presentation LAND MANAGEMENT PLANPage 73 Questions and Comments LAND MANAGEMENT PLANPage 74 LAND MANAGEMENT PLANQR Code to City of Kenai Land Management Plan Webpage https://www.kenai.city/lands/page/land- management-plan Page 75 MEMORANDUM TO: Mayor Gabriel, Council Members and City Commissions FROM: Paul Ostrander, City Manager DATE: December 6, 2021 SUBJECT: Disposition of City Lands – Summary of KMC 22.05 Kenai Municipal Code Chapter 22.05, The Disposition of City Lands, was repealed and reenacted by Ordinance 3072-2019 on October 2, 2019. This memorandum will provide an overview of this provision of code. Excerpts from code are identified in italics. KMC Chapter 22.05 applies to City owned real property other than lands within the airport reserve – described in KMC Chapter 21.10, and the leasing of tidelands for shore fisheries. Authority KMC Chapter 22.05 establishes the authority for the City’s land disposals: The City may sell, convey, exchange, transfer, donate, dedicate, direct, assign to use, or otherwise dispose of City-owned real property, including property acquired, held for, or previously devoted to a public purpose, only in accordance with this chapter, and, with respect to properties acquired through foreclosure for taxes, in compliance with those terms and provisions of AS 29 which apply to home-rule municipalities. Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not or are no longer required for a public purpose. Intent KMC Chapter 22.05 establishes the intent of the chapter and goes further to establish that it is not the intent of the chapter to allow for speculation on City-owned lands: It is the intent of this chapter to provide land policies and practices that encourage responsible growth and development to support a thriving business, residential, recreational and cultural community. It is not the intent of this chapter to allow for speculation on City-owned lands. All leases, sales, and other disposals of City-owned land must meet the intent of this chapter. Lease and / or Sale of City Lands Page 76 Page 2 of 5 KMC Chapter 22.05 has provisions for the lease and sale of City owned real property. An individual or entity that wishes to acquire real property from the City can pursue a lease, a sale, or a lease with an option to purchase from the City. Lease To lease City owned lands an applicant must first submit a lease application: All applications for lease of lands must be submitted to the City Manager or designee on an application form provided by the City. Applications will be dated on receipt and must include payment of the nonrefundable application fee as set forth in the City’s schedule of fees approved by the City Council. If a subdivision is required to lease the land, the costs of that subdivision are generally at the expense of the applicant: Applications which propose a subdivision shall require the applicant to be responsible for all costs associated with the subdivision, including but not limited to any new appraisal, engineering services, surveying and consulting costs unless, in the sole discretion of the City Council, it is determined that the subdivision serves other City purposes. To determine the annual lease rate of the property an appraisal must have been completed in the last 12 months: Applications for lands which have not been appraised within one (1) year of the requested starting date of the lease require the applicant to be responsible for all costs associated with appraisal. The cost of the appraisal shall be credited or refunded to the lessee once development is completed as required by the lease, extension or renewal. The length of the lease term is based on the amount of investment the applicant proposes to make with a minimum investment of $7,500 equaling a maximum term of 5 years, and an investment value of $307,500 or more equaling a maximum term of 45 years: The length of term for an initial lease shall be based on the amount of investment the applicant proposes to make in the construction of new permanent improvements on the premises as provided in the application. The City Council may offer a shorter lease term, if the City Council makes specific findings that a shorter lease term is in the best interest of the City. The maximum term of a lease shall be determined according to the following term table and cannot exceed forty-five (45) years: The public is notified of all lease applications received by the City to provide an opportunity for competing applications: Notice of complete applications for new leases, renewals or extensions shall be published in a newspaper of general circulation within the City and posted on the property. The notice must contain the name of the applicant, a brief description of the land, whether the applicant requests a lease with an option to purchase, and the date upon which any competing applications must be submitted (thirty (30) days from the date of publication). Page 77 Page 3 of 5 If a competing application is submitted, the City Manager will recommend the application anticipated to best serve the interest of the City to the applicable commissions and the City Council: If another application for a new lease, extension or a renewal is received for the same property within thirty (30) days from the notice of application publication date by a different applicant, City staff shall process the application and forward the application, the City Manager’s recommendation and applicable commission recommendations to the City Council for approval of the application anticipated to best serve the interest of the City. The City Council may approve one (1) of the applications, reject all the applications or direct the City Manager to award a lease of the property by sealed bid. If there are no competing applications, the City Council will determine if the lease is in the best interests of the City after considering the recommendations of the Planning and Zoning Commission, any other applicable commissions, and the City Manager: The recommendations of the City Manager, Planning and Zoning Commission, and any other applicable commissions shall be provided to the City Council. The City Council shall determine whether the lease is consistent with the intent of this chapter and in the best interest of the City. The decision whether or not to lease land rests in the sole discretion of the City Council. Development Incentives The City Council may approve lease incentives to encourage commercial development: A credit may be applied toward rent for a maximum of five (5) years. The credit may only include the value of site preparation work on the leased premises to include clearing and grubbing, unclassified excavation, classified fill and back fill, crushed aggregate base course, and utility extensions. For the credit to be applied, the approved scope of work must be completed. Sale of Land KMC Chapter 22.05 authorizes the sale of City owned lands through both a non-competitive and competitive process: There are four methods to sell City owned lands through a non-competitive process: (i) Conveyance to encourage new enterprises where it is found that encouragement of a new commercial or industrial enterprise would be in the best interest of the City; one (1) or more parcels of City land may be sold upon such terms as to price, conditions of conveyance, and with such contingencies as may be set forth in the ordinance. (ii) Property sale to adjacent owners for the conveyance of a parcel of City property at fair market value to the owner of adjacent land whenever, in the judgment of the City Council, the parcel of land is of such small size, shape, or location that it could not be put to practical use by any other party. (iii) Grant or devotion of real property to the United States, the State of Alaska, a local political subdivision of the State of Alaska, or any agency of any of these governments or a nonprofit corporation, for a consideration agreed upon between the City and Page 78 Page 4 of 5 grantee without a public sale if the grant, devotion or lease is in the best interest of the City. (iv) Conveyance of land to resolve a land use conflict. There are four methods to sell City owned lands through a competitive process: (i) Public outcry auction to the highest responsible bidder. (ii) Sealed bid to the highest responsible bidder. (iii) Over-the-counter sale after a public outcry auction or sealed bid process on a first-come basis, provided minimum development requirements are met within two (2) years of sale and the land is sold for fair market value. An appraisal to determine fair market value must be completed within a one (1) year period prior to the date of sale. (iv) Leased land in which the lease was subject to competition through the lease application review process and which contains an option to purchase once the minimum development requirements have been met for the fair market value of the land excluding permanent improvements made by the lessee. An appraisal to determine fair market value must be completed within a one (1) year period prior to the sale. The application process, subdivision process (if necessary) and appraisal process for the sale of land is similar to the process for the lease of land: All requests to purchase City land must be submitted to the City Manager or designee on approved forms provided by the City. Applications will be dated on receipt and payment of the nonrefundable application fee and must include applicable deposit as set forth in the City’s schedule of fees adopted by the City Council. The City Council may decide to sell lands consistent with the intent of this chapter after a recommendation from the City Manager and any appropriate City commission. The City Council may always recommend a lease as opposed to a sale when in the best interest of the City and consistent with the intent of this chapter. Applications which propose a subdivision shall require the applicant to be responsible for all costs associated with the subdivision, including but not limited to engineering services, surveying and consulting costs, unless in the sole discretion of the City Council it is determined the subdivision serves other City purposes. Sales of parcels must be of appropriate size to meet the needs of the proposed development or use to meet the intent of this chapter. The sale of excess acreage not needed for the intended development or use does not meet the intent of this chapter. The City will retain the services of an independent real estate appraiser certified under Alaska State statutes to determine the fair market value for a determination of the minimum price on the land to be paid for from the deposit made by the applicant unless such an appraisal has been obtained within one (1) year prior to the date of sale. The cost of the appraisal will be credited toward the purchaser at closing. Page 79 Page 5 of 5 Lease with an option to purchase KMC Chapter 22.05 will allow an applicant to request to acquire City land using a combination of lease and sale. A lease with an option to purchase would allow an applicant to lease the real property for a period of time, during which the development of the property could be completed and the applicant would benefit from lease development incentives, followed by the sale of the property when the incentives have been exhausted. Kenai Municipal Code Chapter 21.10 KMC Chapter 21.10, Leasing and Acquisition of Airport Reserve Lands, with few exceptions, mirrors KMC Chapter 21.05, although KMC Chapter 21.10 does not allow the sale of land. Airport Reserve Lands are available for lease only. Page 80 MEMORANDUM TO: Mayor Gabriel, Council Members and City Commissions FROM: Ryan Foster, Planning Director DATE: December 6, 2021 SUBJECT: Zoning and Definition of “Retain” and “Dispose” in the Draft Land Management Plan Zoning in the City of Kenai The City of Kenai is a home rule city with its own City Charter and Municipal Code. Kenai Municipal Code Title 14 Planning and Zoning codifies the planning and development processes within the City by implementing the Comprehensive Plan (long range policy document), establishing zoning districts, and specifying development standards for zoning districts regarding land use, form, layout, and density. To determine the land uses and development standards of a parcel, the City’s Zoning Map and Land Use Table must be referenced. Each parcel in the City has a zoning designation (there are 17 total zoning districts) across categories such as residential, commercial, industrial, etc. The City of Kenai Interactive Zoning Map App can be found here: https://kenai.maps.arcgis.com/home/index.html After determining the zoning district of a property, reference the KMC 14.22.010 Land Use Table, which contains a list of land uses and all of the corresponding zoning districts in the City. A land use is either designated as P= Principal Permitted Use, C= Conditional Use, S= Secondary Use, N= Not Permitted for each zoning district. This provides the necessary information to determine the development options for a property based on the zoning and the desired land use. The Land Use Table can be found here: https://kenai.municipal.codes/KMC/14.22 Definitions of “Retain” and “Dispose” in the Draft Land Management Plan The Draft Land Management Plan contains recommendations for each City owned property. For clarification, below are the definitions of “retain” and “dispose” and where they can currently be found in Kenai Municipal Code in the same context: • “Retain” means a parcel is needed for a public purpose, such as for: o Existing public buildings and facilities. o Future public buildings and facilities. o Public purposes such as wetlands, beach protection, and stormwater retention. Page 81 Page 2 of 2 o For Airport Fund lands, “retain” means the parcel is needed for a public purpose where the use is aviation-related or consistent with the FAA self-sustaining requirement and does not adversely affect the airport’s capacity, security, safety, or operations. o In this context, the term retained is currently found in Kenai Municipal Code:  22.05.110 Determination as to need for public purpose • “Dispose” means the parcel has not been retained for a public purpose and will be considered available for lease, sale, or lease with the option to purchase. All disposals are at the discretion of the Kenai City Council and must meet the intent of Kenai Municipal Code: o 22.05.010 Authority and intent  (c) It is the intent of this chapter to provide land policies and practices that encourage responsible growth and development to support a thriving business, residential, recreational and cultural community.  (d) It is not the intent of this chapter to allow for speculation on City-owned lands. All leases, sales, and other disposals of City-owned land must meet the intent of this chapter. • In order for a property to be sold, it must first be determined that it is not needed for a public purpose. Most disposals will require development on the parcel. In this context, the term disposal is currently found in Kenai Municipal Code: o KMC 22.05.015 Lands available for lease, sale, or disposal o KMC 22.05.095 Methods of sale or disposal Page 82 MEMORANDUM TO: Mayor Gabriel, Council Members and City Commissions FROM: Paul Ostrander, City Manager DATE: January 4, 2022 SUBJECT: City of Kenai Land Management Plan Requested Information This memo provides additional information requested by the Planning and Zoning Commission at its December 22, 2021 Regular Meeting to clarify the intent of the City of Kenai Land Management Plan and the best way for Commissioners to make amendments, as well as provide an example of a motion to amend and sample Implementation Plan that Commissions may use as they review and consider recommending adoption of the Land Management Plan. Intent of the Land Management Plan The intent of the Land Management Plan is to catalog the inventory of City-owned lands, including identification of properties needed for a public purpose, and recommendations for lease or sale of individual parcels not needed for a public purpose. The Plan does not provide land policies or procedures or include an implementation plan. The City’s land policies for lease and sale of City- owned land are provided in the Kenai Municipal Code, and the decision whether or not to lease or sell land rests in the sole discretion of the City Council. Any sale or lease of City-owned land would require further Council action. An implementation plan is a separate document outlining action items based on the adopted Land Management Plan. An implementation plan would require Council approval. Motions to Amend All commissioner-suggested amendments received in writing or requested during a scheduled meeting or work session will be compiled by the Planning Director and placed in the proper format for consideration at the meeting in which the commission resolution to adopt the Plan will be considered. If an amendment has not been received in writing, or has not been requested during previous meetings or work sessions, motions to amend the draft Plan may also be made by commissioners at the meeting in which the commission resolution to adopt the Plan will be considered. Amendments related to land ownership changes or clerical errors will not need to be made as motions to amend the Plan. Administration will prepare a memo with these updates and corrections when the Plan is finalized for consideration by City Council. Page 83 Page 2 of 3 Example: Motion to Amend The following is an example of a recommended amendment provided by a Commissioner that may be made as a motion to amend: Map 8, Page 36, Parcel Numbers 04314103 and 04314104 should not be recommended for disposal. These parcels should be retained for a public purpose of future sports facilities. The following amendment is respectfully requested: Amend Section 1 so that it reads: The draft of the City of Kenai Land Management Plan is hereby recommended for adoption with the following amendment: 1. The retention status of parcel numbers 04314103 and 04314104, which appear on Map 8 Kenai Spur Highway North Corridor be changed from Dispose to Retain. Example: Role of Implementation Plan in Process Attached is a table describing the role of the Kenai Municipal Code, Land Management Plan and a sample Implementation Plan in the management of City-owned lands. Attachment Page 84 A Codification of the General Ordinances of the City of Kenai Title 21 and Title 22 Govern City Airport Reserve Lands and City-Owned Lands Provides land lease and sale policies and practices that encourage responsible growth and development to support a thriving business, residential, recreational and cultural community. Provides process for competitive lease application, and both competitive and non- competitive sale of lands as well as rules governing subdivision, appraisal, annual lease rates and terms, public notice, and review by commissions An inventory of City-owned lands and comprehensive reference document Land Inventory and Retention Recommendations Adopted by a Resolution of the City Council KENAI MUNICIPAL CODE LAND MANAGEMENT PLAN An outline of action items approved by Council based on the adopted Land Management Plan For example: SAMPLE: IMPLEMENTATION PLAN Provides an inventory of City-owned lands with detailed information on each parcel Identifies properties recommended required or not needed for a public purpose Information available to the public NOTE: the decision whether or not to lease or sell City-owned land rests in the sole discretion of the City Council Date Actions Staff Assigned X March 2022 Apply to Borough for removal of restrictive plat notes on City lands Planning March 2022 Request removal of patent restrictions from BLM Planning July 2023 Request FAA release of parcels not needed for a public purpose Airport/ Planning Page 85 MEMORANDUM TO: Planning & Zoning Commission FROM: Ryan Foster, Planning Director DATE: January 14, 2022 SUBJECT: Requested Amendment to Resolution PZ2021-39 – Recommending the Kenai City Council adopt the City of Kenai Land Management Plan The Administration is requesting the following amendments to the Planning & Zoning Resolution No. 2021-39: Amend the Title to read: A Resolution of the Planning & 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 Delete the sixth whereas in its entirety: [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,] Delete the eighth whereas in its entirety: [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.] Insert a new final whereas to read: WHEREAS, after reviewing the plan as presented on November 10, 2021, the Planning & Zoning Commission has recommended amendments for consideration by City Council. Section 1 to read: Page 86 Page 2 of 2 The Draft of the City of Kenai Land Management Plan is hereby [APPROVED AND ADOPTED AS THE CITY OF KENAI LAND MANAGEMENT PLAN.] recommended for adoption with the following amendments: Thank you for your consideration. New Text, [DELETED TEXT] Page 87 Kenai City Council - Regular Meeting Page 1 of 3 January 19, 2022 Kenai City Council - Regular Meeting January 19, 2022 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 3** www.kenai.city Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Oath of Office for Student Representative, Silas Thibodeau 5. Consent Agenda (Public comment limited to three (3) minutes) per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3266-2022 - Accepting and Appropriating Funds in the Airport Fund, and Accepting Two Grants From the Federal Aviation Administration Under the American Rescue Plan Act of 2021 (H.R. 1319, Public Law 117- 2). (Administration) • Substitute Ordinance No. 3266-2022 2. POSTPONED UNTIL 2/16/2022. Resolution No. 2022-04 - Awarding a Three Year Contract for the Purchase of Microsoft Software. (Administration) 3. ADOPTED UNANIMOUSLY. Resolution No. 2022-05 - Adopting Goals to Guide the Preparation of the Fiscal Year 2023 Annual Budget. (Administration) 4. ADOPTED UNANIMOUSLY. Resolution No. 2022-06 - Executing a Professional Services Agreement and Issuance of a Purchase Order for Design Services for the Recreation Center Improvements Project. (Administration) Page 88 Kenai City Council - Regular Meeting Page 2 of 3 January 19, 2022 5. ADOPTED UNANIMOUSLY. Resolution No. 2022-07 - Accepting Funding from the U.S. Department of Health and Human Services, Provider Relief Fund through the Public Health and Social Services Emergency Fund, Provided by The Coronavirus Aid, Relief, and Economic Security (CARES) Act. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of January 5, 2022. (City Clerk) 2. APPROVED BY THE CONSENT AGENDA. *Work Session of January 10, 2022. (City Clerk) F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration) 2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Purchase Orders Over $15,000. (Administration) 3. INTRODUCED AND PUBLIC HEARING SET FOR 2/2/2022. *Ordinance No. 3267-2022 - Authorizing COVID Leave for City Employees that Test Positive for COVID-19, and Authorizing the Use of Funds from a Grant from the State of Alaska-Department of Health and Social Services – Division of Public Health – COVID Emergency Operations Center to Fund the Leave. (Administration) 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/2/2022. *Ordinance No. 3268-2022 - Increasing Estimated Revenues and Appropriations in the Water and Sewer Special Revenue Fund and Authorizing a Purchase Order Increase to Alaska Waste For Sludge Disposal Services At The Waste Water Plant (Administration) 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/2/2022. *Ordinance No. 3269-2022 - Amending Kenai Municipal Code Section 7.30:020, Land Sale Permanent Funds, to Identify the Circumstances and Limitation on the Use of Derivative Investments and to Add Two New Classes of Assets to the List of Authorized Investments and to Codify the Applicable Benchmark by Which these Asset Classes Will be Measured and Evaluated (Administration) 6. APPROVED UNANIMOUSLY. Action/Approval - Providing Direction to the City Attorney to file an Amicus Brief in United Cook Inlet Drift Association, et al. v. NMFS et al. (Administration) 7. APPROVED UNANIMOUSLY. Action/Approval - Providing Input to the Alaska Department of Environmental Conservation (ADEC) on Proposed Changes to Regulations on Oil Discharge Prevention and Contingency Plans (Mayor Gabriel) H. COMMISSION / COMMITTEE REPORTS Page 89 Kenai City Council - Regular Meeting Page 3 of 3 January 19, 2022 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 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 OR https://us02web.zoom.us/j/82160351709 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 821 6035 1709 Passcode: 848744 Meeting ID: 821 6035 1709 Passcode: 848744 Page 90 JANUARY 26, 2022 PLANNING & ZONING COMMISSION ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET: ACTION ITEM REQUESTED BY Add to item G.1 Resolution PZ2021-39 Planning Director • Amendments for Consideration 1 MEMORANDUM TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: January 21, 2022 SUBJECT: Resolution PZ2021-39 - Amendments for Consideration from the January 20, 2022 Planning and Zoning Commission Work Session At the January 20, 2022 Work Session, the Planning and Zoning Commission drafted the following amendments for consideration for the January 26, 2022 Regular Meeting regarding Resolution PZ2021-39: 1. The retention status of parcel numbers 04701018 which appears on Map 14 South Spruce Street, be changed from Dispose to Retain, for use as RV and dipnet parking. 2. The retention status of parcel numbers 04301041 and 04301039 which appears on Map 15 Float Plane Basin Subdivision and Vicinity, be changed from Mixed- Retain/Dispose-Lease Only to Retain, for use as buffer/green space between the neighborhood and the airport. 3. Amend the narrative on page 66 regarding parcel 04301042 by adding the language: Parcel 04301042 should be subdivided to mirror parcel 04301040 to the north. The remainder of parcel 04301042 should be combined with parcel 04301041 which would remain with a retention status of retain. 4. The retention status of parcel number 04101004, which appears on Map 16 Kenai Municipal Airport, be changed from Retain to Mixed—Retain/Dispose— Lease Only. 5. The retention status of parcel 04322023, which appears on Map 23 Cook Inlet Industrial Air Park Subdivision, be changed from Dispose to Dispose—Lease Only. 6. Change the title of the City of Kenai Land Management Plan to the City of Kenai Land Management Inventory and Recommendations. 7. Recommend parcel 04317038 on Map 17 Gusty Subdivision, Kenai Cemetery, be changed from Retain to Mixed -Retain / Dispose-Lease Only and modify narrative on page 74 relative to this parcel to state: subdivide cemetery property from NE portion which would be usable for airport purposes. 2 Page 2 of 2 8. Recommend parcel 04501003 on Map 31 Kenai Spur Highway Central Corridor, be changed from Dispose to Retain to provide a buffer for surrounding neighborhoods. Each of these amendments should be made as a separate motion and assuming a second, discussed and voted on by the Commission. Thank you for your consideration. 3