HomeMy WebLinkAbout2022-03-23 Planning & Zoning PacketKenai Planning & Zoning Commission -
Regular Meeting
March 23, 2022 — 7:00 PM
Kenai City Council Chambers
KENA210 Fidalgo Avenue, Kenai, Alaska
ww.Ikenaii.ciit
......................................................................
Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
5. *Excused Absences
*All items listed with an asterisk (*) are considered to be routine and non -controversial by the
Commission and will be approved by one motion. There will be no separate discussion of these
items unless a Commission Member so requests, in which case the item will be removed from
the Consent Agenda and considered in its normal sequence on the agenda as part of the
General Orders.
B. APPROVAL OF MINUTES
,1. *Regular Meeting of February 23, 2022
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
J.... Resolution PZ2022-06 - 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
Resolution PZ2022-07 - Preliminary Subdivision Plat of Jaynes Subdivision 2022 Replat,
submitted by McLane Consulting, P.O. Box 468, Kenai, AK 99611, on behalf of BGMC
LLC, P.O. Box 2682, Kenai, AK 99611
F. PUBLIC HEARINGS
G. UNFINISHED BUSINESS
Kenai Planning & Zoning Commission — Page 1 of 2
Regular Meeting
March 23, 2022
Page 1
H. NEW BUSINESS
J Action/Approval - Windhaven Estates Phase 4 Time Extension
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
M. NEXT MEETING ATTENDANCE NOTIFICATION
1. April 13, 2022
N. COMMISSION COMMENTS AND QUESTIONS
O. ADJOURNMENT
The agenda and supporting documents are posted on the City's website at www.kenai.cit . 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
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Kenai Planning & Zoning Commission — Page 2 of 2
Regular Meeting
March 23, 2022
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
FEBRUARY 23, 2022 — 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
VICE CHAIR ALEX DOUTHIT, PRESIDING
MINUTES
A. CALL TO ORDER
Vice Chair Douthit called the meeting to order at 7:00 p.m.
1. Pledge of Allegiance
Vice Chair Douthit led those assembled in the Pledge of the Allegiance.
2. Roll Call
Commissioners present
Commissioners absent:
Staff/Council Liaison present
A quorum was present.
3. Agenda Approval
MOTION:
A. Douthit, G. Woodard, J. Halstead, V. Askin, D. Fikes
J. Twait, G. Greenberg
Planning Director R. Foster, Administrative Assistant K.
Rector, City Clerk S. Saner, Council Liaison T. Winger
Commissioner Halstead MOVED to approve the agenda. Commissioner Woodard SECONDED
the motion. There were no objections; SO ORDERED.
4. Consent Agenda
MOTION:
Commissioner Askin MOVED to approve the consent agenda. Commissioner Woodard
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non -controversial by the
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 — J. Twait, G. Greenberg
Page 3
B. APPROVAL OF MINUTES
1. "Regular Meeting of February 9, 2022
Approved by the consent agenda.
C. SCHEDULED PUBLIC COMMENT — None.
D. UNSCHEDULED PUBLIC COMMENT — None.
E. CONSIDERATION OF PLATS
1. Resolution PZ2022-04 - Preliminary Subdivision Plat of Bailey Estates Karpik Rice
Replat, submitted by Segesser Surveys, Inc., 30485 Rosland St, Soldotna, AK
99669, on behalf of David C. Karpik and Kathleen J. Rice, 410 Lawton Drive, Kenai,
AK 99611
MOTION:
Commissioner Halstead MOVED to approve Resolution PZ2022-04. Commissioner Woodard
SECONDED the motion.
Director Foster provided a summary description of the property noting that the proposed lot line
move will provide a larger lot for the parcel located at 410 Lawton Drive; the preliminary plat met
the requirements of KMC Subdivision design standards; and conditions would be applied requiring
further development of the property shall conform to all federal, State of Alaska and local
regulations.
There was discussion related to the benefits to the smaller lot.
VOTE:
YEA: Fikes, Halstead, Askin, Woodard, Douthit
NAY: None
MOTION PASSED UNANIMOUSLY.
2. Resolution PZ2022-05 - Preliminary Subdivision Plat of Kenai Meadows Addition
No. 1, submitted by Segesser Surveys, Inc., 30485 Rosland St, Soldotna, AK 99669,
on behalf of City of Kenai, 210 Fidalgo Avenue, Kenai, AK 99611
MOTION:
Commissioner Halstead MOVED to approve Resolution PZ2022-05. Commissioner Fikes
SECONDED the motion.
Director Foster provided a summary description of the property noting that the proposed plat will
create two additional lots intended for development of senior and income restricted housing, per
a conditional use donation by the City of Kenai; the preliminary plat met the requirements of KMC
Subdivision design standards; and conditions would be applied requiring further development of
the property shall conform to all federal, State of Alaska and local regulations.
Planning and Zoning Commission Meeting Page 2 of 4
February 23, 2022
Page 4
There was discussion related to who would be responsible for future road development; if the City
could at this time designate a name for the future road; and the financial responsibility for future
development.
The commission members requested that the administration look into taking the steps necessary
to designate the road name as Sixth St.
VOTE:
YEA: Halstead, Askin, Woodard, Douthit, Fikes
NAY: None
MOTION PASSED UNANIMOUSLY.
F. PUBLIC HEARINGS — None.
G. UNFINISHED BUSINESS — None.
H. NEW BUSINESS — None.
PENDING ITEMS — None.
J. REPORTS
1. City Council — Council Member Winger reported on the actions of the February 16,
2022 City Council Meeting.
2. Borough Planning — Commissioner Fikes reported on the actions of the February 14,
2022 Kenai Peninsula Borough Planning Commission.
3. City Administration — Planning Director Foster introduced the new Planning
Administrative Assistant, Katie Rector and reported on the following:
• Reminded everyone to attend the February 24, 2022 Kenai Waterfront
Revitalization Community Vision Session;
• Upcoming American Planning Association Conferences and Educational
opportunities;
• March 7, 2022 Kenai City Council Land Management Plan Work Session.
K. ADDITIONAL PUBLIC COMMENT— None.
L. INFORMATIONAL ITEMS — None.
M. NEXT MEETING ATTENDANCE NOTIFICATION
1. March 9, 2022
N. COMMISSION COMMENTS & QUESTIONS
Commissioner Halstead noted that the staff did a great job with the Work Session and thanked
them.
Planning and Zoning Commission Meeting Page 3 of 4
February 23, 2022
Page 5
Commissioner Askin also thanked staff for the great Work Session.
Commissioner Woodard thanked staff for the Work Session and noted that she would not be
available for the March 9, 2022 Planning and Zoning Commission Meeting.
Commissioner Fikes thanked staff for the Work Session and the informative materials.
Vice Chair Douthit thanked staff for the Work Session and materials and noted that he would not
be available for the March 9, 2022 Planning and Zoning Commission Meeting.
O. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:52 p.m.
Minutes prepared and submitted by:
Shellie Saner, MMC
City Clerk
Planning and Zoning Commission Meeting Page 4 of 4
February 23, 2022
Page 6
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2022-06
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.
Resolution No. PZ2022-06
Page 2 of 2
3. The City of Kenai requests notification of the schedule for construction of the right of way
turnaround at the end of Alaska Avenue.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 23rd day of March, 2022.
ATTEST:
Michelle M. Saner, MMC, City Clerk
JEFF TWAIT, CHAIRPERSON
Page 8
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: March 17, 2022
SUBJECT: PZ2022-06 — 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 9
I , IF,II AII.... IIINIFORIMA IFIIC I
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. The preliminary plat proposes a dedicated right of way turn around at the end of
Alaska Avenue.
Application, Public Notice, Public Comment
KMC 14.10.010 General under Chapter 14.10 Subdivision Regulations states preliminary plats or
replats must first be submitted to the City for review prior to the submittal of the plat to the Kenai
Peninsula Borough Planning Department. Kenai Municipal Code (KMC) 14.10.060 describes the
process in more detail. The plat will be reviewed first by the City of Kenai Planning and Zoning
Commission and then by the Kenai Peninsula Borough's Plat Committee and Planning
Commission.
The property owners completed the City of Kenai preliminary plat submittal form. The City of Kenai
follows Kenai Peninsula Borough Code 20.25.070 and 20.25.080 for preliminary plat submittal
requirements. City staff published notice of the consideration of the plat as part of the agenda for
the City of Kenai Planning and Zoning Commission in the Peninsula Clarion. No public comments
have been received as of March 17, 2022.
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 Public Works Director and Fire Marshal reviewed the dedicated right of way turnaround and
had one comment, to be notified of the timing of the construction of the right of way turnaround.
The preliminary plat meets requirements of KMC Subdivision design standards and KMC
14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations.
I I.0 MMI.NIDAI110IN
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.
Page 2 of 3
The City ail www.6naixity
3. The City of Kenai requests notification of the schedule for construction of the right of way
turnaround at the end of Alaska Avenue.
ATTACHMENTS
1. Application
2. Preliminary Plat
3. Aerial Map
Page 3 of 3
The City ail www.6naixity
Cty
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Name: Edge Survey and Design
Kasilof AK Mailing Address: Pb Box 208 T6ity. State: bri Code: 9W10
Phone Number(s): 283-9047
lason@edgesurvey.net
FA MINE/ ME
Name: Kenaitze Indian Tribe
Mailing Address: PO Box 088 City: Kenai Ei'111:11,1:v I hj,( Zip Code. 99611
Phone Number(s): 335-7208 - Don Ohler
Email: dohler@kenaitze.org
and 04708610
Current City Zoning: Tawnsite Historic
Use: 13 Residential Recreational 0 Commercial
IJ Other:
Water: On Site E) city 0 Community
5e-w-e�:-----' 11 EJ On Site El city 13 Community
Prefiminery Plat Name: foyon Subdivision 2021 Replat
Revised Preliminary Plat Name:
. . ..... .. — — - - - -------- ......
Vacation of Public Right -of -Way: El Yes 11 No
Street Name (if vacating ROW): Public Street Easement
Exceptions Required and Requested:
Comments:
Platting goal is to combine two parcels and vacate an public street easement CITY OF KENA1
I T Y -
rw-�[.- �-- -'�- I
PLANNING DEPARTMETVI
is Certificate to Plat El (1) 24" x 36" Plat El (2) 11 x 17" Plats
Print Name: iX6U9AU1iO4--.
Chelsea Hendriks n Tribe
11w
Authorizing Chelsea Hendriks, Interim Executive Director of Tribal
Administration, to sign all contracts, agreements, and official documents on
behalf of the Kenaltze Indian Tribe in FY2021-2022
KENAITZE WHEREAS, Kenaitze Indian Tribe is a federally recognized Tribal
Government reorganized in 1971 under the statutes of the Indian Reorganization Act
INDIAN of 1934, as amended for Alaska in 1936, and the Tribal Council is the governing body
of Kenaitze Indian Tribe; and,
•
• 0
wM
Z 0
0 abstentions, and 0 absent, 0 opposed.
w
aernadine Atchison. Tribal Council Chair
00 0 Kenaitze Indian Tribe
co .. ....... . . .. ..
Virginia Wirf, Inter! k."ouncil
Secretary
Kenaltze Indian Tribe
RESOLUTION 2021-42
Approved June 26, 2021
2FIZIME
Stewart Iritfe of the Kend (Peninsufa, Inc.
36096 Kenai Spur Hwy.
Soldotna, AK 99669
Tel: (907) 260-8031 Fax: (907) 260-8036
CERTIFICATE TO PLAT
Edge Survey and Design, LLC. File Number: 21005
PO Box 208 Premium: $250.00
Kasilof, AK 99610 Tax:
Attention: Jason Young
Gentlemen:
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-1 592, 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 ell liens, encumbrances, and objections except for as follows:
1. RESERVATIONS and exceptions as contained in U.S. Patent, and/or sets authorizing the issuance
thereof.
2. TAXES AND ASSESSMENTS, if any due the taxing authority indicated:
Taxing Authority: City of Kenai
3. TAXES AND 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: public improvements and electrical transmission and distribution lines
In Favor Of: 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: April 1, 1968
Volume/Page: 60/247
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 AND DEDICATIONS as delineated on Plat No. K-1 592.
7. EFFECT of the notes on said Plat No. K-1 692.
S. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in deed:
Recorded: December 16, 1995
Volume/Page: 476/953
File No.: 21005
FURTHER, no other examination of the excepted title to minerals has been made herein and no insurana;
nor responsibility therefore is implied or assumed.
1. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in deed,
Recorded: August 11, 2000
Volume/Page: 687/437
FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance
nor responsibility therefore is implied or assumed.
DISCLAIMER OF INTEREST, including the terms and conditions therelm
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.: 20134-012359-0
Trustor: Jerry R Dunn and Kathryn E. Dunn, husband and wife
Trustee: First American Title of Alaska
Beneficiary: Alaska Housing Finance Corporation
NOTE: Said Dead 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 $400,000,00
Dated: January 25, 2010
Recorded: January 26, 2010
Serial No.: 201 0-0001554-0
Trustor: Jerry P. Dunn
Trustee: Wells, Fargo Financial National Bank
Beneficiary-, Wells Fargo Bank
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)
Stewart Title of the Kenai Peninsula, Inc.
By
Terri doiiirall - ------- - - - - --------------
Authorized Signator
NOTE: We will update this certificate to comply with Kenai Peninsula Borough Ordinance 90-38 upon notification
from surveyor.
Certificate to Plat KBI
File No,,. 211)(35
,X7111
KENAI
Toyon Subdivision 2021 Replat
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IIIIIIII
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2022-07
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT JAYNES SUBDIVISION 2022 REPLAT ATTACHED
HERETO BE APPROVED
WHEREAS, the City of Kenai received the plat from McLane Consulting and,
WHEREAS, the plat meets Municipal Code requirements of the Heavy Industrial (HI) District; and,
WHEREAS, street names are referenced correctly; and,
WHEREAS, access is provided via Bridge Access Road, which is a paved, State of Alaska
maintained road; and
WHEREAS, City water and sewer lines are located along Bridge Access Road; 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 Jaynes Subdivision 2022 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.
Resolution No. PZ2022-07
Page 2 of 2
2. The Kenai City Council must declare that the Van Antwerp 60' right of way and 25' of utility
easement's to be vacated is not needed for a public purpose and approve the vacation as
shown on the preliminary plat.
3. The City of Kenai requests notification of the schedule for construction of the 60' dedicated
rights of way starting at Childs Avenue.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 23rd day of March, 2022.
JEFF TWAIT, CHAIRPERSON
ATTEST:
Michelle M. Saner, MMC, City Clerk
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: March 17, 2022
SUBJECT: PZ2022-07 — Preliminary Plat — Jaynes Subdivision 2022 Replat
Applicant: BGMC LLC
P. O. Box 2682
Kenai, AK 99611
Submitted By: McLane Consulting
P.O. Box 468
Kenai, AK 99611
Requested Action: Preliminary Subdivision Plat — Jaynes Subdivision 2022 Replat
Legal Description: Tract 3, Jaynes Subdivision Big Mikes Addition
Tract 4, Jaynes Subdivision Big Mikes Addition
Tract A-1, Bridge Road Subdivision 2019 Replat
Property Address: 601 Childs Ave, 511 Van Antwerp Ave, 1345 Bridge Access Rd
KPB Parcel No: 04935012, 04935013, and 04901324
Lot Size: Approximately 8.89 acres, 22.21 acres, and 11.99 acres
Existing Zoning: Heavy Industrial
Current Land Use: Vacant and Commercial
Land Use Plan: Industrial
I ,I IF,II AII.... IIINIFOIRI IFIIC I
McLane Consulting submitted a preliminary plat on behalf of the property owners, BGMC LLC.
The plat affects the parcels at 601 Childs Ave (KPB: 04935012), 511 Van Antwerp Ave (KPB:
04935013), 1345 Bridge Access Rd (KPB: 04901324).
The proposed Jaynes Subdivision 2022 Replat will create a Tract 3A (approximatelyl8.4 acres),
consisting of Tract 3 and the northern portion of Tract 4, Jaynes Subdivision Big Mikes Addition.
And also create a Tract 4A (approximately 22.7 acres), consisting of the southern portion of Tract
4, Jaynes Subdivision Big Mikes Addition and all of Tract A-1, Bridge Road Subdivision 2019
Replat. The eastern half of Van Antwerp Avenue is proposed for vacation, with the creation of
new dedicated 60' rights of way connecting from Childs Avenue to the current termination of Van
Antwerp Avenue.
ication. Public Notice. Public Comment
KMC 14.10.010 General under Chapter 14.10 Subdivision Regulations states preliminary plats or
replats must first be submitted to the City for review prior to the submittal of the plat to the Kenai
Peninsula Borough Planning Department. Kenai Municipal Code (KMC) 14.10.060 describes the
process in more detail. The plat will be reviewed first by the City of Kenai Planning and Zoning
Commission and then by the Kenai Peninsula Borough's Plat Committee and Planning
Commission.
The property owners completed the City of Kenai preliminary plat submittal form. The City of Kenai
follows Kenai Peninsula Borough Code 20.25.070 and 20.25.080 for preliminary plat submittal
requirements. City staff published notice of the consideration of the plat as part of the agenda for
the City of Kenai Planning and Zoning Commission in the Peninsula Clarion. No public comments
have been received as of March 17, 2022.
Access to the proposed Jaynes Subdivision 2022 Replat is provided via Bridge Access Road,
which is a paved, State of Alaska maintained road, Childs Avenue, which is a gravel road, not
maintained by the City, Van Antwerp Avenue, which is a gravel road, not maintained by the City,
and Beaver Loop Road, which is a paved, City maintained road. City water and sewer lines are
adjacent along Bridge Access Road.
The preliminary plat meets requirements of KMC Subdivision design standards and KMC
14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations.
City staff recommends approval of the preliminary plat of Jaynes Subdivision 2022 Replat subject
to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
Page 2 of 3
The City ail www.6naixity
2. The Kenai City Council must declare that the Van Antwerp 60' right of way and 25' of utility
easement's to be vacated is not needed for a public purpose and approve the vacation as
shown on the preliminary plat.
3. The City of Kenai requests notification of the schedule for construction of the 60' dedicated
rights of way starting at Childs Avenue.
ATTACHMENTS
1. Application
2. Preliminary Plat
3. Aerial Map
Page 3 of 3
The City ail www.6naixity
Prefirninary Plat
Suknnittal Form
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KENAI
_ _ _ ,enai 1 210 Fidalgo Ave, Kenai, AK 99611.7794 1907.283.7535 1 www kenai.eity
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: March 16, 2022
SUBJECT: Windhaven Estates Phase 4 — Time Extension
In a letter sent March 3, 2022, the surveyor for Windhaven Estates Phase 4, Edge Survey and
Design, requested a two-year time extension for the finalization of the plat. The Kenai Peninsula
Borough requires concurrence from the City of Kenai before granting the extension request.
Windhaven Estates Phase 3 was recorded on March 5, 2019, which extended preliminary plat
approval to March 5, 2020. An extension was approved for two years through March 23, 2022.
KPB 20.25.110(A), allows for a total approval time of six years and that expiration of time
extensions will require the submission of, and action on, a new preliminary plat.
If the Planning and Zoning Commission approves, City staff would sign the attached letter of
non -objection to the time extension. City staff have no issues with the time extension request
and recommend approval. The draft letter of non -objection for the time extension, the plat, and
the letter from the surveyor requesting the extension are attached for reference.
Does the Commission approve the Windhaven Estates Phase 4 time extension?
Attachments
Draft letter approving the time extension
Surveyor request letter sent March 3, 2022
Copy of Windhaven Estates Phase 4 plat
KENAI
_ _ _ ,enai 1 210 Fidalgo Ave, Kenai, AK 99611.7794 1907.283.7535 1 www.kenai.eity
March 24, 2022
Madeleine Quainton, Platting Technician
mquainton@kpb.us
Kenai Peninsula Borough
144 North Binkley Street
Soldotna, AK 99669
RE: Windhaven Estates Phase 4
Time Extension Request
KPB File 2021-063
Dear Ms. Quainton:
This letter is in response to the letter submitted by Edge Survey and Design to the City of Kenai
on March 3, 2022, requesting that the City of Kenai Planning and Zoning Commission concur with
a two-year time extension to finalize the plat for Windhaven Estates Phase 4. Windhaven Estates
Phase 3 was recorded on March 5, 2019, which extended preliminary plat approval to March 5,
2020. An extension was approved for two years through March 23, 2022. The Planning and
Zoning Commission held their regularly scheduled meeting on March 23, 2022, and authorized
me to draft and send a letter to you supporting the request for a two-year time extension to finalize
the plat.
Please be advised that the Kenai Planning and Zoning Commission does not object to the two-
year time extension for Windhaven Estates Phase 4. It is the understanding of the Planning and
Zoning Commission, that KPB 20.25.110(A), allows for a total approval time of six years and that
expiration of time extensions will require the submission of, and action on, a new preliminary plat.
If you have any further questions regarding the time extension, please feel free to contact me at
907-283-8235 or rfoster@kenai.city.
Sincerely,
Ryan Foster, Planning Director
Dear City of Kenai,
I am requesting a time extension for the plat of Windhaven Estates Phase 4.
KPB requires city approval on all plat time extensions.
Thanks,
Jason Young
Edge Survey
907-283-9047
�
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C!'AlT rl PEATION
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OF FEEKNOINECILSARE RJ AND (ORR CI IU IkE nES Ok
7y~P 9/f
Kenai City Council - Regular Meeting
March 02, 2022 — 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
ww. keinaii-ii.
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,.
Action Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes) per speaker, thirty (30)
minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non -controversial by the
council and will be approved by one motion. There will be no separate discussion of these items
unless a council member so requests, in which case the item will be removed from the consent
agenda and considered in its normal sequence on the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per
speaker, thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY. Ordinance No. 3273-2022 — Accepting and Appropriating
Two Grants from Derek Kaufman Fund through the Alaska Community Foundation and One
Donation from the Friends of the Kenai Community Library for the Purchase of a Bike Repair
Station. (Administration)
2. ADOPTED UNANIMOUSLY. Resolution No. 2022-10 — Approving the Execution of a
Lease of Airport Reserve Lands Using the Standard Lease Form Between the City of Kenai
and State of Alaska, Division of Forestry on Lot 4A, FBO Subdivision No. 11.
(Administration)
3. ADOPTED UNANIMOUSLY. Resolution No. 2022-11 — Authorizing a Budget Transfer
Within the Kenai Municipal Airport Snow Removal Equipment Capital Project Fund.
(Administration)
4. ADOPTED UNANIMOUSLY. Resolution No. 2022-12 — Authorizing a Budget Transfer
Within the Kenai Municipal Water and Sewer Capital Project Fund. (Administration)
5. ADOPTED UNANIMOUSLY. Resolution No. 2022-13 —Expressing Intent to Participate in
the National Flood Insurance Program. (Administration)
E. MINUTES
Kenai City Council - Regular Meeting Page 1 of 3
March 02, 2022
Page 50
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of February 2, 2022. (City
Clerk)
2. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of February 16, 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)
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
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000
2. Amicus Brief - Letter of Appreciation
Kenai City Council - Regular Meeting Page 2 of 3
March 02, 2022
Page 51
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 MeetingOR
I;g,;;/lus�ncIb,;;rgpir0,;,,u uCii%82944269827 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 829 4426 9827 Passcode: 192623 Meeting ID: 829 4426 9827 Passcode: 192623
Kenai City Council - Regular Meeting Page 3 of 3
March 02, 2022
Page 52
A.
B
A
Kenai City Council - Regular Meeting
March 16, 2022 — 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
**Tele onic irtual Information on Page 3**
ww. keinaii.ii.
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,.
Action Agenda
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.
SCHEDULED PUBLIC COMMENTS
(Public comment limited to ten (10) minutes per speaker)
1. Katie Cowgill - Kenai Peninsula Re -Entry Coalition and Alaska Department of Corrections
Re -Entry Simulation.
UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2022-14 —Amending the
Employee Classification Plan by Adjusting the Ranges of Temporary Parks and Recreation
and Personal Use Fishery Positions. (Administration)
2. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2022-15 — Temporarily
Waiving the Gym Rental Fee at the Kenai Recreation Center for the Twin City Athletic
Association. (Administration)
3. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2022-16 — Supporting the
Efforts of Kenai Central High School to Secure Grant Funding for the Construction of
Permanent Restroom Facilities at Ed Hollier Field. (Mayor Gabriel)
4. ADOPTED UNANIMOUSLY. Resolution No. 2022-17 — Requesting and Supporting the
Alaska Department of Transportation and Public Facilities Provision of Continuous Lighting
Kenai City Council - Regular Meeting
March 16, 2022
Page 1 of 3
Along the Kenai Spur Highway within the City of Kenai and the Sterling Highway Safety
Corridor. (Administration)
5. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2022-18 — Adopting the
City's Capital Improvement Plan for Fiscal Years 2023-2027. (Administration)
6. ADOPTED UNANIMOUSLY. Resolution No. 2022-19 — Approving the Vacation of 20'
Public Street Easements Adjoining the South Boundary and Northwest Boundary of Lot 1,
Toyon Subdivision as Granted by Plat K-1592, and is Located within the SE1/4 of Section
6, Township 5 North, Range 11 West, Seward Meridian, Alaska, and Determining the
Easement is Not Needed for a Public Purpose. (Administration)
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of March 2, 2022. (City
Clerk)
2. APPROVED BY THE CONSENT AGENDA. *Work Session of March 7, 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 - Non -Objection to Liquor
License Renewals for Main Street Tap & Grill and Fraternal Order of Eagles #3525. (City
Clerk)
3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 41612022.
*Ordinance No. 3274-2022 — Increasing Estimated Revenues and Appropriations in the
General Fund Parks, Recreation and Beautification Department, and Authorizing an
Increase to the Multi -Purpose Facility Management Services Purchase Order to Red Line
Sports for Additional Ice Maintenance Services. (Administration)
4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 41612022.
*Ordinance No. 3275-2022 — Amending Kenai Municipal Code, Chapter 23.05 — General
Provisions, to Add a New Category of Temporary Employee Titled "Program or Project
Employee" and Chapter 23.40 — Benefits, to Establish Benefits for this Category and Make
Housekeeping Changes. (Administration)
5. APPROVED UNANIMOUSLY. Action/Approval - Issuing a Letter of Support for Senate
Bill No. 166 — General Obligation Bonds (City Manager)
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
Kenai City Council - Regular Meeting Page 2 of 3
March 16, 2022
Page 54
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
IVY. L. ,;;//�;u elb..zooirn.,.ugZ ;C , , .59. , Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 835 9287 5033 Passcode: 062156 Meeting ID: 835 9287 5033 Passcode: 062156
Kenai City Council - Regular Meeting Page 3 of 3
March 16, 2022
Page 55
Kenai Peninsula Borough 144 North Binkley Street
Soldoma, AK 99669
Meeting Agenda
Planning Commission
Monday, February 28, 2022 7:30 PM Betty J. Glick Assembly Chambers
Zoom Meeting ID 907 714 2200
The hearing procedure for the Planning Commission public hearings are as follows:
1) Staff will present a report on the item.
2) The Chair will ask for petitioner's presentation given by Petitioner(s) / Applicant (s) or their representative
— 10 minutes
3) Public testimony on the issue. — 5 minutes per person
4) After testimony is completed, the Planning Commission may follow with questions. A person may only
testify once on an issue unless questioned by the Planning Commission.
5) Staff may respond to any testimony given and the Commission may ask staff questions.
6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present
new testimony or evidence.
7) The Chair closes the hearing and no further public comment will be heard.
8) The Chair entertains a motion and the Commission deliberates and makes a decision.
All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or
her name and mailing address on the sign -in sheet located by the microphone provided for public comment.
They must begin by stating their name and address for the record at the microphone. All questions will be
directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities.
Decorum must be maintained at all times and all testifiers shall be treated with respect.
A. CALL TO ORDER
B. ROLL CALL
Printed on 212512022
Planning Commission Meeting Agenda February 28, 2022
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine
and non -controversial by the Planning Commission and will be approved by one motion. There will be no
separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item
will be removed from the consent agenda and considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please
advise the recording secretary before the meeting begins, and she will inform the Chairman of' your wish to
comment.
1. Time Extension Request
2. Planning Commission Resolutions
KPB-3990 PC Resolution 2022-09: A resolution granting approval of a conditional
land use permit to operate a sand, gravel, or material site for a parcel
described as T05N, R09W, SEC 3, Seward Meridian KN SE1/4
Attachments: PC RES 2022-09
3. Plats Granted Administrative Approval
KPB-3981 Kasilof Alaska Subd. 2021 Addition; KPB File 2021-113
Attachments: Kasilof Alaska Subd 2021 Addition KPB 2021-113
4. Plats Granted Final Approval (KPB 20.10.040)
KPB-3982 Slikok Creek Alaska Subdivision 2022 Replat Endicot Drive ROW
KPB File 2021-151 V
Attachments: Slikok Creek 2021 Replat Lot 1 Block 1 Endicott ROM KPB 2021-151V
5. Plat Amendment Request
6. Commissioner Excused Absences
7. Minutes
a. KPB-3983 January 25, 2022 Planning Commission Special Meeting Minutes
Attachments: PC Minutes 012522 Draft
b. KPB-3985 February 14, 2022 Planning Commission Meeting Minutes
Attachments: PC Minutes 021422 Draft
D. OLD BUSINESS
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E. NEW BUSINESS
1. KPB-3986 Toyon Subdivision ROWV; KPB File 2022-01 IV
Vacate 20' Public Street Easement Adjoining the South Boundary &
Northwest Boundary of Lot 1, Toyon Subdivision as Granted by Plat
K-1592
Attachments: 1. MAP Vicinity with inset
2. MAP Aerial
3. Plat Prelim KPB 2022-011V Reduced
4. Staff Report Toyon Subdivision 2021 Rer lat Access Easement Vacations KP
5. MAP Aerial with Contours
6. Parent Plat US Survey 2790 B
7. Plat Parent K-1592
8. Resolution City of Kenai
2. KPB-3987 L & H Enterprises, LLC
Marijuana Cultivation Facility License
Attachments: El. Staff Report
E2. Maps
E3. New Complete Packet
E4. Compliance Review
E4. Local Government Notice
E5. Acknowledgement Form Signed
E6. Radius Notice
E7. Public Notice
3. KPB-3989 Ordinance 2022-02: An ordinance enacting KPB 20.40.110 & KPB
2.40.120 authorizing the planning commission to adopt bylaws and
defining quorum.
Attachments: Memo
Ordinance 2022-02
F. PLAT COMMITTEE REPORT
G. OTHER
H. PUBLIC COMMENT/PRESENTATION
(Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per
speaker unless previous arrangements are made)
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I. DIRECTOR'S COMMENTS
KPB-3991 February 28, 2022 Director's Report
Attachments: Director's Report 022522
J. COMMISSIONER COMMENTS
K. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. KPB-3988 Cooper Landing APC Meeting Minutes
Attachments: 20220105 CLAPC Minutes APPRV
20220209 CLAPC Minutes UNAPP
NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, March 21, 2022 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
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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.
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