HomeMy WebLinkAbout2022-06-08 Planning & Zoning PacketKenai Planning & Zoning Commission –
Regular Meeting
Page 1 of 2
June 08, 2022
Kenai Planning & Zoning Commission -
Regular Meeting
June 08, 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. Consent Agenda
5. *Excused Absences
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of these
items unless a Commission Member so requests, in which case the it em will be removed from
the Consent Agenda and considered in its normal sequence on the agenda as part of the
General Orders.
B.APPROVAL OF MINUTES
C.SCHEDULED PUBLIC COMMENT
(Public comment limited to ten (10) minutes per speaker)
D.UNSCHEDULED PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
E.CONSIDERATION OF PLATS
F.PUBLIC HEARINGS
G.UNFINISHED BUSINESS
H.NEW BUSINESS
1.PZ2022-13 -Townsite Historic Review 508 Mission Avenue
2.Action/Approval - Special Use Permit for Kenai Chamber of Commerce and Visitor Center
for the Moosemeat John Cabin
I.PENDING ITEMS
Page 1D
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Ki;NAI
Kenai Planning & Zoning Commission –
Regular Meeting
Page 2 of 2
June 08, 2022
J.REPORTS
1.City Council Report
2.KPB Planning Report
3.City Administration Report
K.ADDITIONAL PUBLIC COMMENT
(Public comment limited to five (5) minutes per speaker)
L.INFORMATIONAL ITEMS
1.Charles Eubank Letter Dated May 30, 2022
M.NEXT MEETING ATTENDANCE NOTIFICATION
1.Next Meeting: June 22, 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/89358313214 OR Call: (253) 215-8782 or (301) 715-8592
Meeting ID: 893 5831 3214 Passcode: 952423
Page 2D
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2022-13
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING THAT THE PROPOSED RELOCATION OF THE HERMANSEN/MILLER
HOUSE TO 508 MISSION AVENUE LOCATED AT T 5N R 11W SEC 6 SEWARD MERIDIAN KN
SOUTHEAST PORTION OF GOVERNMENT LOT 38 MEETS DEVELOPMENT
REQUIREMENTS AND REVIEW FOR THE TOWNSITE HISTORIC DISTRICT
APPLICANT: Jet Property Development, LLC
PROPERTY ADDRESS: 508 Mission Avenue
LEGAL DESCRIPTION:
T 5N R 11W SEC 6 Seward Meridian KN Southeast Portion of Government Lot 38
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04704007
WHEREAS, a complete application for a review of development within the Townsite Historic
District was submitted to the City; and,
WHEREAS, the existing T 5N R 11W SEC 6 Seward Meridian KN Southeast Portion of
Government Lot 38 is located within the Townsite Historic District (TSH Zone) of the City; and,
WHEREAS, the applicant has demonstrated with plans and other documents that all of the
conditions have been found to exist as a prerequisite to issuance of a variance permit pursuant
to Kenai Municipal Code 14.20.105, Townsite Historic (TSH) Zoning District; and,
WHEREAS, the Planning and Zoning Commission finds:
1. The proposed development is possible and compatible with the historic character of the
TSH Zone; and,
2. The use will not violate the historic and scenic quality of the TSH Zone; and,
3. The proposed development will not allow for a use or structure not allowed within the TSH
Zone; and,
4. The structure has been modified such over time that it is no longer eligible for
consideration on the Alaska Heritage Resource Inventory and this modification will not
impact a historic resource within the City.
Page 3
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K(;NAI
Resolution No. PZ2022-13
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That the proposed relocation to 508 Mission Avenue meets the requirements of
development within the Townsite Historic District.
Section 2. That the development permit is subject to the following conditions:
1.Further development of the property shall conform to all federal, State of Alaska, and
local regulations.
2.Prior to commencement of construction, the owner shall be required to obtain a Building
Permit.
3.Prior to issuance of a Building Permit for the proposed construction, a Landscape/Site
plan must be reviewed and approved by the Planning Director.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 8th day of June, 2022.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
MEGHAN THIBODEAU, DEPUTY CITY CLERK
Page 4D
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: June 1, 2022
SUBJECT: PZ2022-13 – Review of Development in Townsite Historic District
Applicant: Jet Property Development, LLC
53455 Bystedt Ave
Kenai, Alaska 99611
Legal Description: T 5N R 11W SEC 6 Seward Meridian KN Southeast Portion of
Government Lot 38
Property Address: 508 Mission Avenue
KPB Parcel No: 04704007
Lot Size: 0.15 acres (approximately 6,534 square feet)
Existing Zoning: Townsite Historic District (TSH)
Current Land Use: Vacant
Land Use Plan: Mixed Use
GENERAL INFORMATION
Jet Property Development, LLC has submitted an application to relocate the Hermansen/Miller
House to 508 Mission Street (a vacant lot), which is in danger of falling off the bluff at 605 Main
Street. The existing structure is located adjacent to the Kenai Townsite Historic District and is
proposed to be moved into the KTHD at 508 Mission Street (located within the Townsite Historic
District (TSH Zone) and the development is subject to a review of development by the Planning
and Zoning Commission for consistency with the TSH Zone.
The intent of the Townsite Historic (TSH) Zoning District is to preserve the historic nature of Old
Town Kenai and to encourage development that is compatible with the historic character of the
TSH zone.
Page 5D
City of Kenai I 210 l=idalgo Ave , Kenai , AK 99611 -7794 I 907.283.7535 I www.kenai .city
Page 2 of 3
ANALYSIS
KMC 14.20.105(h) requires the Planning and Zoning Commission review all building permit
applications for properties included in the Historic Preservation Plan. During the 1995 “Kenai
Townsite Historic Survey Report” (Report) the subject structure at 605 Main Street was issued
Alaska Heritage Resource (AHRS) #KEN-279. The Alaska Heritage Resources Survey (AHRS)
is an inventory of all reported historic and prehistoric sites within the State of Alaska and is
maintained by the Office of History and Archaeology. This inventory of cultural resources includes
objects, structures, buildings, sites, districts, and travel ways, with a general provision that they
are over 50 years old.
According to the Report (p.196) the Hermansen/Miller House, at 605 Main Street, is adjacent to
the KTHD and has received numerous alterations, such as an added dormer, vinyl siding,
replacement of original multi-pane windows with large single panes, and removal of a hip-roofed
bay. These changes compromised the Design, Workmanship, and Materials of the building,
changing its historic appearance.
Although the Hermansen/Miller House remains in its original Location, and exhibits some historic
Feeling (in the respect that one can sense it was not recently constructed), the many alterations
to the property have rendered it not eligible for individual National Register listing. If the
Hermansen/Miller House were located within the boundaries of the KTHD, it would not be
a contributing property in the District.
Development criteria within the TSH Zoning District are detailed in KMC 14.20.105(c).
KMC 14.20.105(c)(1) Encourage, whenever possible and compatible with historic character of the
TSH zone, foot traffic; restaurants, gift shops, parks, etc.; indigenous Kenai Peninsula flora;
wooden structures including log style with soft colored or natural sidings.
The relocation of the building to 508 Mission Avenue would use the same materials as the existing
structure. The property is one of few remaining early Kenai residences from the Early Community
Building Era, and is considered the first frame building constructed in Kenai.
KMC 14.20.105(c)(2) Discourage uses which will violate the historic and scenic quality of the TSH
zone; buildings and building additions that are not compatible with adjacent buildings or which
violate the existing character and scale of the district.
Although associated with one of the historic themes of the District, Hermansen/Miller House has
lost its historic integrity, and would not be a contributing property if located within the KTHD. The
relocation, as a residential structure from the early community building era will not be out of scale
with its surroundings.
KMC 14.20.105(c)(3) Specific structures and activities which will not be allowed, but are not
limited to: (a) Buildings with “modern design style of architecture” that have no historical
correlation with the district; (b) Gas stations; (c) Auto repair shops; (d) Kennels or similar uses;
(e) Livestock, stables, commercial horseback riding; (f) Auto body and paint shops
None of these uses or structures will be created by the proposed building relocation.
Page 6D
The City of Kenai I www.kenai.city
Page 3 of 3
KMC 14.20.105(c)(4) Commercial buildings are limited to a total area of no more than five
thousand (5,000) square feet per story. Any individual unit within the structure may be of no more
than two thousand five hundred (2,500) square feet, except that the Commission may allow a
larger individual unit if it is determined to be compatible with the zone.
Not applicable; the structure is a residential building less than 2,500 square feet.
KMC 14.20.105(c)(5) Metal-sided buildings may be allowed if the Commission determines they
are compatible with the zone.
Not applicable; the building will follow the materials used in the existing structure, which are vinyl,
not metal sided.
RECOMMENDATION
The Planning and Zoning Staff recommend that the Planning and Zoning Commission approve
of the proposed relocation as meeting requirements of the Townsite Historic District
development review, subject to the following conditions:
1.Further development of the property shall conform to all federal, State of Alaska, and
local regulations.
2.Prior to commencement of construction, the owner shall be required to obtain all
appropriate Building Permits.
3.Prior to issuance of a Building Permit for the proposed construction, a Landscape/Site
plan must be reviewed and approved by the Planning Director.
ATTACHMENTS
A.Application
B.Site Plan
C.Aerial Map
D.Historic District Map
E.Photos
Page 7D
The City of Kenai I www.kenai.city
Page 8
City of Kenai Application for
Review of Development in the
Townsite Historical (TSH) Zoning
District
Planning and Zoning Department
210 Fidalgo Avenue
Kenai, AK 99611
Name:
Mailing Address:
Phone Number(s):
Email:
Name:
Mailing Address: City:
Phone Number(s):
Email:
Kenai Peninsula Borough Parcel# (Property Tax ID):
Physical Address: S o-3 \l'-r\~C>N ..S., _
Acres : ,.\.S
UL ..
(907) 283-8200
planning@kenai.city
www.kenai.city/planning
State: "N,2.... Zip Code:
State: Zip Code:
Describe the proposed development and how it is compatible with the TSH District:
\
~\..ot...,F:i.--r(. ,,~'"(. ~'=-'f2....'4',=,,.°N.S~ /"t"\.--::i..U..~\-4.-00'::::.°€. .J '\r--:::i\=::3.l-~ ::lS:. ~~ ~6-"€(\_
ex ~~~~~ O(~~~'C ~~~ fJ::>., \.Jos ~~ ~-,o ._sog ~~o"-1--5::,--,,
Is a Building Permit Required? G)Yes QNo
This development will not create one of the following (not allowed within the TSH District):
(a) Buildings with "modern design style of architecture" that have no
historical correlation with the district; (b) Gas stations; (c) Auto repair shops; (d) Kennels or similar
uses; (e) Livestock, stables, commercial horseback riding; (f) Auto body and paint shops;
.M Current color photographs of the site and of any existing structures representing both the overall condition of
structures and accurately portraying materials and color
.181 Reproducible schematic plans of the proposed construction sufficient to show building size and layout, exterior
elevations, proposed materials and colors .
Q(A landscaping and site plan complying with KMC 14.25 and the development criteria of this chapter drawn to
scale showing the existing structure and all proposed alterations and additions in relation to the site .
sfcfNATURE
Si gnature :
Print Name:
Page 9Black Spruce Picea mariano Kenoi Birch Betula popyrifero var. kenoico Diomondleaf Willow Salix planifolia Black Cottonwood Populus trichocarpa Balsam Poplar Populus balsamifera L. Site Plan 508 Mission St. T 5N R 11 W SEC 6 SEWARD MERIDIAN KN SOUTHEAST PORTION OF GOVT LOT 38 N 89 de -54' -02" W 132.36' I ·--------1 New Driveway 71 ~ i=============-=ii ~========;::=========11 H =~~,_ Plant Lown Artie Gro Alaska ~a~n Mix _Alear trees in this / eplace with Lawn I I D). v· --0 ~~ C-V,-..... <"' co· . Cb 0 Sewer stub area City Water stub
PZ2022-13 Townsite Historic Review508 Mission AvenueParcel 04704007
MISSION STM
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PETERSEN
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.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
0 3015 Feet
LEGEND
Subject Parcel
Date: 6/3/2022
Page 10
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K~NAI
i I I I I
Page 11
N I-' "" ~-~~~=~~ ALASKA HERITAGE RESOURCES SURVEY PROPERTIES BELUGA LOOKOUT VJ-ARK ~ NOTE; AHRS numbers on site map are in KEM-000 format but have been abbreviated for purpose of clarity -KENAI TOWNSITE HISTORIC DISTRICT I _J SELECTED BUILDINGS ADJACENT TO DISTRICT INCLUDED IN SURVEY 0 100 200 300 400 500 i) KENAI TOWNSITE HISTORIC DISTRICT SURVEY 6/96 Figure 83. Alaska Heritage Resources Survey Properties. -----D
Page 12D
Page 13D
Page 14D
Page 15D
Page 16
Page 17
Page 18r
Page 19
PLANNING & ZONING
COMMISSION
Resolution PZ2022-13 –Review of Development in Townsite Historic District
508 Mission Avenue
1
Page 20
SUMMARY
2
Applicant:Jet Property Development, LLC
53455 Bystedt Ave
Kenai, Alaska 99611
Legal
Description:
T 5N R 11W SEC 6 Seward Meridian
KN Southeast Portion of Government
Lot 38
Property
Address:
508 Mission Avenue
KPB Parcel
No:
04704007
Lot Size:0.15 acres (approx.6,534 square feet)
Existing
Zoning:
Townsite Historic District (TSH)
Current Land
Use:
Vacant
Land Use
Plan:
Mixed Use
Page 21
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K!;:NAI
PZ2022-13 Townsite Historic Review
508 Mission Avenue
Parcel 04704007
CJ
SUMMARY
3
Jet Property Development, LLC has submitted an application to relocate the
Hermansen/Miller House to 508 Mission Avenue (a vacant lot), which is in danger
of falling off the bluff at 605 Main Street.
The existing structure is located adjacent to the Kenai Townsite Historic District
and is proposed to be moved into the KTHD at 508 Mission Avenue (located within
the Townsite Historic District (TSH Zone) and the development is subject to a
review of development by the Planning and Zoning Commission for consistency
with the TSH Zone.
The intent of the Townsite Historic (TSH) Zoning District is to preserve the historic
nature of Old Town Kenai and to encourage development that is compatible with
the historic character of the TSH zone.
Page 22
SITE PLAN
Site plan identifies the layout of the
Hermansen/Miller House at 508 Mission
Avenue.
4
Page 23
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Oillmc>ndlM;ll'W"tlow
Sobplorw!Dlio
81oc:• cott ...... ooc1 ·--..._..,
,._,_ ::=r.,-q l,
Site Plan
508 Mission St.
T 5N R 11 W SEC 6
SEWARD MERIDIAN KN
SOUTH EAST PORTION OF GOVT LOT 38
N 89 deq -54' -02 " W
132 .36 '
NewDr"""'°l'
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/alear trees in this area
/ eplace with Lawn
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City Water stub
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STAFF ANALYSIS
KMC 14.20.105(h) requires the Planning and Zoning Commission review all
building permit applications for properties included in the Historic Preservation
Plan.
According to the Report (p.196) the Hermansen/Miller House, at 605 Main Street,
is adjacent to the KTHD and has received numerous alterations, such as an added
dormer, vinyl siding, replacement of original multi-pane windows with large single
panes, and removal of a hip-roofed bay. These changes compromised the Design,
Workmanship, and Materials of the building, changing its historic appearance.
Although the Hermansen/Miller House remains in its original location, and
exhibits some historic Feeling (in the respect that one can sense it was not
recently constructed), the many alterations to the property have rendered it not
eligible for individual National Register listing.
If the Hermansen/Miller House were located within the boundaries of the
KTHD, it would not be a contributing property in the District.
5
Page 24
REVIEW CRITERIA TSH ZONING DISTRICT
Criteria #1: KMC 14.20.105(c)(1) Encourage, whenever possible and compatible with historic
character of the TSH zone, foot traffic; restaurants, gift shops, parks, etc.; indigenous Kenai
Peninsula flora; wooden structures including log style with soft colored or natural sidings.
Criteria #2: KMC 14.20.105(c)(2) Discourage uses which will violate the historic and scenic
quality of the TSH zone; buildings and building additions that are not compatible with
adjacent buildings or which violate the existing character and scale of the district.
Criteria #3: KMC 14.20.105(c)(3) Specific structures and activities which will not be allowed,
but are not limited to: (a) Buildings with “modern design style of architecture” that have no
historical correlation with the district; (b) Gas stations; (c) Auto repair shops; (d) Kennels or
similar uses; (e) Livestock, stables, commercial horseback riding; (f) Auto body and paint
shops
Criteria #4: KMC 14.20.105(c)(4) Commercial buildings are limited to a total area of no more
than five thousand (5,000) square feet per story. Any individual unit within the structure may
be of no more than two thousand five hundred (2,500) square feet, except that the
Commission may allow a larger individual unit if it is determined to be compatible with the
zone.
Criteria #5: KMC 14.20.105(c)(5)Metal-sided buildings may be allowed if the Commission
determines they are compatible with the zone.6
Page 25
RECOMMENDATIONS
The Planning and Zoning Staff recommend that the Planning and Zoning Commission
approve of the proposed relocation to 508 Mission Avenue as meeting requirements of
the Townsite Historic District development review, subject to the following conditions :
1. Further development of the property shall conform to all federal, State of Alaska,
and local regulations.
2. Prior to commencement of construction, the owner shall be required to obtain all
appropriate Building Permits.
3. Prior to issuance of a Building Permit for the proposed construction , a
Landscape/Site plan must be reviewed and approved by the Planning Director.
7
Page 26
ATTACHMENTS
A. Application
B. Site Plan
C. Aerial Map
D. Historic District Map
E. Photos
8
Page 27
A.APPLICATION
9
Page 28CJ
Application for City of Kenai
~ Plillnning and Zoning Department
Review of Development in the 210 Fida)goAvanue
Kenai , AK 99611 Townsite Historical (TSH) Zoning (9on 2e3-s200
District planning@kenai.clty
www .kenai.citylplannfng
Name:
Mailing Address:
Phone Number(s):
Email:
Name:
Mailing Address: City: State : Zip Code:
Phone Number(s):
Email:
,. . . . . . .. . ·•·
Kenai Peninsula Bora roperty Tax ID): Cl<'lOl\00'1
Physical Address: -S-\ _
Legal Description: \\-...J SE!-l,, -Sc-',,l/S("C)>"-anl:r>""' ~~ Le-,
Acres:
DEVELOPMENT DESCRIPTION
Describe the proposed development and h ow it is compatible with the TSH District:
R:<-\..Ot.A-i'(. ,,,.~ "'"""""" ... '45,r;:/"''=--'.,."""..;:, > ',-.>=::t!,.""" or-,N&f:(\_
ex (r-su_:.,-'G-Q(~----0.\C ~~~ \.,05 ~ ..!';,. ,o -.sag -=o...i-.s-,,
Is a Building Permit Required? 0 Yes QNo
This development will not create one of the following (not allowed within the TSH District):
f ·· (a} Buildings with "modern design styfe of architecture• that have no
historical correlation with the district; (b) Gas stations ; (c) Auto repair shops; (d) Kennels or similar
uses; (e) Livestock, stables, commercial horseback riding ; (f) Auto body and paint shops; . ...
M Current color p hotographs of the site and of any existing structures representing both the overall condition of
structures and accurately portraying materials and color
Reproducible schematic plans of the proposed construction sufficient to show building size and layout, exterior
elevations, proposed materials and colors.
t'(A landscaping and site plan complyii,g with KMC 1 ◄.25 and the development criteria of this chapter drawn to
scale showing the exis1ing structure and all proposed alterations and additions in relation to th e site.
· ::1~ TiUe/Business:
B.SITE PLAN
10
Page 29
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lrlchocDfl'O
--=l•roL
Site P ion
508 Miss ion St.
T 5N R 11 W SEC 6
SEWARD MERIDIAN KN
SOU THE AST PORTIO N OF GOVT LOT 38
N 89 de -54' -02" W
132.36'
! « u.., -~11
1,1 N'l'I, Drill••::.Y
/.lear trees in this are a
/ Replace with Lawn
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C.AERIAL MAP
11
Page 30
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PZ2022-13 Townsite Historic Review
508 Mission Avenue
Parcel 04704007
CJ
D. HISTORIC DISTRICT MAP
12
Page 31
JIIOTE; AHR.6 llll.Dlbers on A!te map are in KEl\l.000 romuot
'but have baen 11bbreviated for .PW'J)Ose of clarity
-KBKAI TOWli81TE HISTORIC Dl8TRICT
C-:::: SF.I,ECTEO BUILOINOI! ADJACENT
TO DISTRICT INCLUDED IN SURV!IY
0 100 2 00 3 00 400 500
i)
KENAI TOWNSITE HISTORIC DISTRICT SURVEY 6/96
Figllre 83. Alaska Heritage Resources Survey Properties.
CJ
E.PHOTOS
13
Page 32
E.PHOTOS
14
Page 33
E.PHOTOS
15
Page 34
E.PHOTOS
16
Page 35
E.PHOTOS
17
Page 36
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: June 1, 2022
SUBJECT: Action/Approval - Special Use Permit for Kenai Chamber of Commerce
and Visitor Center for the Moosemeat John Cabin
The Kenai Chamber of Commerce and Visitor Center has requested a Special Use Permit to use
and operate the Moosemeat John Cabin located on approximately 10,000 square feet (100 feet
x 100 feet) of Lot 1, Gusty Subdivision No. 8, a City-owned parcel upon which the Kenai Visitor
and Cultural Center is also located. Since 2013, the Kenai Chamber of Commerce and Visitor
Center has allowed the use of the Moosemeat John Cabin during the summer months by the
Kenai Historical Society in conjunction with its operations in Old Town Kenai. The Kenai Chamber
of Commerce operated on the premises from 1977 until 2012. In 2012, the Kenai Chamber of
Commerce merged with the Kenai Convention and Visitor’s Bureau to form the new entity, “ Kenai
Chamber of Commerce and Visitor Center”.
A Special Use Permit was granted for the use of the Moosemeat John Cabin for twelve months
between July 31, 2021 and July 30, 2022. The Kenai Chamber of Commerce and Visitor Center
would like a Special Use Permit for the same use of the Moosemeat John Cabin for July 31, 2022
to July 30, 2023. The Kenai Chamber of Commerce and Visitor Center complied with the terms
of the Special Use Permit for the Moosemeat John Cabin for previous years of issuance.
If the City Council approves the attached Special Use Permit with the Kenai Chamber of
Commerce and Visitor Center for the Moosemeat John Cabin, the City Manager will sign the
Special Use Permit granting the continued use of the cabin by the Kenai Chamber on behalf of
the City.
Please review the attached draft special use permit and application materials.
Does the Commission recommend City Council approve the execution of a special use
permit to the Kenai Chamber of Commerce and Visitor Center?
Attachments
A.Special Use Permit Application
B.Aerial map
C.Special Use Permit for Moosemeat John Cabin
Page 37
City of Kenai I 210 l=idalgo Ave , Kenai , AK 99611 -7794 I 907.283.7535 I www.kenai .city
Page 38
K~NAI
Name of Applicant:
Mailing Address :
Phone Number(s):
E-mail: (Optional)
City of Kenai
Special Use Permit
Application
!Application Date: 1 s.2.2022
Applicant Information
Kenai Chamber of Commerce and Visitor Center
11471 Kenai Spur Highway lcity: Kenai !state: IAK lzip Code:I 99611
Home Phone: ( ) Work/ Message Phone: ( )283.1991
brett@kenaichamber.org
Name to Appear on Permit: I Kenai Chamber of Commerce and Visitor Center: Brett Perry
Mailing Address: 11471 Kenai Spur Highway !city: Kenai !state: IAK lzip Code:l 99611
Phone Number(s): Home Phone: ( ) Work/ Message Phone: ( )283.1991
E-mail: (Optional) brett@kenaichamber.org
Type of Applicant: □ Individual (at least 18 years of age) □ Partnership □ Corporation □ Government
□ Limited Liabili ty Com an LLC p y ( ) Iii Other Non ~Profit
Property Information
Legal or physical description of the property:
Moosemeat John Historic Cabin
Description of the proposed business or activity intended: To facilitate the Kenai Historical Society
I
Is the area to be used in front of or immediately adjacent to any established business offering
the same or simifar products or services upon a fixed location? □YES Iii NO
Would the use under this permit interfere with other businesses through excessive noise,
odor, or other nuisances? DYES Iii NO
If you answered yes to any of the above questions, please explain:
What is the term requested (not to exceed one year)? One Year
Requested Starting Date: 6.30.2022
Signature: 1,, -~-f Date: ~-d---~qA..
Print Name: J<r,.~'t:: /Je~ Title: ll.ccvc. G-,ccu/.ive ll,'rec.+or
For City Use Only: I Date Application Fee Received:
D General Fund □ Airport Reserve Land City Council Action/Resolution:
□ Airport Fund □ Outside Airport Reserve Account Number:
Page 39
0
I
25
~~ ~· ,1:),
Q
l-~oow
~
Moosemeat John Cabin
Special Use Permit
Southeast 100 ft x 100 ft
portion of
Lot 1, Gusty Subd,
Addition No. 8
Exhibit A
K~NAI
The information depicted here
on is for graphic representation
only of the best available sources .
The City of Kenai assumes no
responsibility for errors on this
map.
Date: 5/28/2020
Special Use Permit - Kenai Chamber of Commerce & Visitor Center Page 1 of 5
SPECIAL USE PERMIT
The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below ,
hereby grants the Kenai Chamber of Commerce and Visitor Center (PERMITTEE) the right to use
the Premises, identified on the attached Exhibit A to this Permit, and described as:
The southeast 100 foot x 100 foot portion of Lot 1, Gusty Subdivision, Addition No. 8, Kenai
Recording District, according to Plat No. 91-9, to use and operate the "Moosemeat John"
Cabin.
1.Use/Term. Permittee shall have use of the Premises on the 31st day of July 2022 through
the 30th day of July 2023.
2.Fee. The Permittee shall not be charged a fee for the use or privilege specified herein.
3.No Exclusivity. The use by the Permittee of the Premises is limited to the purposes
specified herein and is not intended to grant any exclusive use to the described Premises
except as otherwise provided herein. This use is also subject to City, Borough , and State
laws and regulations and the reasonable administrative actions of the City for the protection
and maintenance of the Premises and of adjacent and contiguous lands or facilities.
4.Improvements. Permittee shall not make any permanent improvements to the Premises.
5.Preparation of Premises. It is Permittee's responsibility to prepare the Premises and to
assure itself to its own satisfaction that the Premises are safe for its purposes. The City does
not make any warranty or guaranty of the suitability of the Premises for Permittee's intended
purposes.
6.Trash and Debris. The Premises must be returned to its original condition at the end of
each use. Clean up and/or repair charges beyond normal wear and tear will be billed to
Permittee based upon cost of repair. Debris and trash shall be collected and removed from
the Premises by Permittee. Permittee shall alert City (Parks and Recreation Department)
of unsightly, unsanitary, dirty or other conditions on the Premises which exist prior to
Permittee's use.
7.No Alcohol or Illegal Substances. No possession or consumption of alcoholic beverages,
marijuana or illegal substances is permitted on the Premises.
8.No Joint Venture. The City shall not be construed or held to be a partner or joint venturer
of Permittee in the conduct of its business or activities on the Premises.
9.Personalty. Any or all personal property placed or used upon lands or in facilities may be
removed and/or impounded by the City, and when so removed and/or impounded , such
property may be redeemed by the owner thereof only upon the payment to the City of the
costs of removal plus storage charges of $25 per day. The City of Kenai is not responsible
for any damage to or theft of any personalty of Permittee or its invitees to the Premises.
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Special Use Permit - Kenai Chamber of Commerce & Visitor Center Page 2 of 5
10.Assumption of Risk. Permittee assumes full control and sole responsibility as between
Permittee and City for the activities of Permittee , its personnel, employees, and persons
acting on behalf of or under the authority of the Permittee anywhere on the Premises.
Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities
on the Premises and its exercise of the privileges granted in this Permit.
11.No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and
requirements herein contained , or referred to, shall not constitute or be construed as a
waiver or relinquishment of the right to exercise such terms, conditions, or requirements.
12.Insurance. Permittee shall secure and keep in force adequate insurance , as stated below,
to protect City and Permittee. Where specific limits are stated, the limits are the minimum
acceptable limits. If Permittee's insurance policy contains higher limits, City is entitled to
coverage to the extent of the higher limits.
A.Commercial General Liability Insurance, including Premises, all operations, property
damage, personal injury and death, broad-form contractual, with a per-occurrence limit of not less
than $1,000,000 combined single limit. The policy must name the City as an additional
insured.
B.Worker's Compensation Insurance with coverage for all employees engaged in work
under this Permit or at the Premises as required by AS 23.30.045. Permittee is further
responsible to provide Worker's Compensation Insurance for any subcontractor who directly
or indirectly provides services to Permittee under this Permit.
C.All insurance required must meet the following additional requirements:
i.All policies will be by a company/corporation currently rated "A-" or better by
A.M. Best.
ii.Permittee shall submit to the City proof of continuous insurance coverage in
the form of insurance policies, certificates, endorsements, or a combination
thereof, and signed by a person authorized by the insurer to bind coverage
on its behalf.
iii.Permittee shall request a waiver of subrogation against City from Permittee's
insurer and the waiver of subrogation, where possible, shall be provided at
no cost to City.
iv.Provide the City with notification at least thirty (30) days before any
termination, cancellation, or material change in insurance coverage of any policy
required hereunder.
v.Evidence of insurance coverage must be submitted to City prior to any use.
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Special Use Permit - Kenai Chamber of Commerce & Visitor Center Page 3 of 5
City may increase the amount or revise the type of required insurance on written demand
without requiring amendments to this Permit. City will base any increase or revision on
reasonable and justifiable grounds. Within two weeks of the written demand, Permittee shall
submit to City evidence of insurance coverage that meets the requirements of the City.
13.No Discrimination. Permittee will not discriminate on the grounds of race , color, religion,
national origin, ancestry, age, or sex against any patron, employee, applicant for
employment, or other person or group of persons in any manner prohibited by federal or
State law. Permittee recognizes the right of the City to take any action necessary to enforce this
requirement.
14.Contact Information. The Contact information for the Permittee, and the person in
responsible charge for Permittee during the term of the Permit , for purposes of notice and
all communications from City to Permittee is:
Brett Perry
Executive Director
Kenai Chamber of Commerce & Visitor Center
11471 Kenai Spur Hwy.
Kenai, AK 99611
15.Indemnity, Defend, and Hold Harmless Agreement: Permittee agrees to fully indemnify ,
defend, and hold harmless, the City of Kenai, its officers, agents, employees, and volunteers
from and against all actions, damages, costs, liability, claims, losses, judgments , penalties, and
expenses of every type and description, including any fees and/or costs reasonably incurred
by the City's staff attorneys and outside attorneys and any fees and expenses incurred in
enforcing this provision (hereafter collectively referred to as "Liabilities"), to which any or all
of them may be subjected, to the extent such Liabilities are caused by or result from any
negligent act or omission or willful misconduct of the Permittee in connection with or arising
from or out of Permittee's activities on or use of the Premises. This shall be a continuing
obligation and shall remain in effect after termination of this Permit.
16.Authority. By signing this Permit, Permittee represents that it has read this agreement and
it agrees to be bound by the terms and conditions herein and that the person signing this
Permit is duly authorized by the organization to bind the organization hereunder.
CITY OF KENAI KENAI CHAMBER OF COMMERCE &
VISITOR CENTER
By: _ By:
Paul Ostrander
City Manager
Date _ (Title) Date
Page 42CJ
Special Use Permit - Kenai Chamber of Commerce & Visitor Center Page 4 of 5
ACKNOWLEDGMENTS
STATE OF ALASKA
) ss
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this day of , 2022, the foregoing instrument
was acknowledged before me by Paul Ostrander, City Manager of the City of Kenai, Alaska, an
Alaska home rule municipality, on behalf of the City.
Notary Public for Alaska
My Commission Expires: _
STATE OF ALASKA
) ss
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this day of , 2022, the foregoing instrument
was acknowledged before me by Title) on behalf of
Notary Public for Alaska
My Commission Expires: _
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Special Use Permit – Kenai Chamber of Commerce & Visitor Center Page 5 of 5
ATTEST:
Michelle M. Saner, MMC, City Clerk
SEAL:
APPROVED AS TO FORM:
Scott M. Bloom, City Attorney
Page 44CJ
Kenai City Council - Regular Meeting Page 1 of 4
June 01, 2022
Kenai City Council - Regular Meeting
June 01, 2022 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
**Telephonic/Virtual Information on Page 4**
www.kenai.city
Action Agenda
A.CALL TO ORDER
1.Pledge of Allegiance
2.Roll Call
3.Agenda Approval
4.Consent Agenda (Public comment limited to three (3) minutes) per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
council and will be approved by one motion. There will be no separate discussion of these items
unless a council member so requests, in which case the item will be removed from the consent
agenda and considered in its normal sequence on the agenda as part of the General Orders.
B.SCHEDULED PUBLIC COMMENTS
(Public comment limited to ten (10) minutes per speaker)
C.UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D.PUBLIC HEARINGS
1.ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3289-2022 – Adopting the
Annual Budget, Salary Schedule and Employee Classification Plan for the Fiscal Year
Commencing July 1, 2022 and Ending June 30, 2023 and Committing $3,986,107 of
General Fund, Fund Balance for Future Capital Improvements. (Administration)
2.ENACTED UNANIMOUSLY. Ordinance No. 3290-2022 – Authorizing the Return of Funds
Remaining from Completed or Canceled Capital Projects to the General, Airport Special
Revenue and Water and Sewer Special Revenue Funds. (Administration)
3.ENACTED UNANIMOUSLY. Ordinance No. 3291-2022 – Accepting and Appropriating
Private Donations to the Kenai Community Library for the Purchase of Programming
Equipment and Library Materials. (Administration)
4.ENACTED UNANIMOUSLY. Ordinance No. 3292-2022 – Increasing Estimated Revenues
and Appropriations in the General Fund and Public Safety Capital Project Fund to Provide
Supplemental Funding for the Fire Department Flooring Replacement Project.
(Administration)
Page 45
~
K(;NAI
Kenai City Council - Regular Meeting Page 2 of 4
June 01, 2022
5.POSTPONED TO 6/15/2022. Ordinance No. 3293-2022 – Amending the Appendices to
the Kenai Municipal Code to Delete Cemetery Regulations, Amending Title 24-Municipal
Cemetery, to Include Certain Portions of the Appended Cemetery Regulations and Make
Other Housekeeping Changes and Adopting a Kenai Municipal Cemetery Regulations
Policy. (City Clerk)
6.POSTPONED TO 6/15/2022. Resolution No. 2022-37 – Removing the Moratorium on the
Purchase of Standard Cemetery Plots for the Sole Purpose of Reserving a Cemetery Plot
Not Being Used for Immediate Internment. (City Clerk)
7.ADOPTED UNANIMOUSLY. Resolution No. 2022-38 – Fixing the Rate of Levy of Property
Tax for the Fiscal Year Commencing July 1, 2022 and Ending June 30, 2023.
(Administration)
8.ADOPTED UNANIMOUSLY. Resolution No. 2022-39 – Amending the Comprehensive
Schedule of Rates, Charges, and Fees to Incorporate Changes Included in the FY2023
Budget to Include Adjusting Airport Fees, Animal Control Fees, Fire Department Ambulance
Fees, Library Fees, Parks and Recreation Fees, City Dock Fees, Water Fees, Sewer Fees,
Senior Center Fees, and Adjusting the Monthly Rental Rates at Vintage Pointe.
(Administration)
9.ADOPTED UNANIMOUSLY. Resolution No. 2022-40 – Approving the Divestment of the
City’s Interest in the Deeded Thirty-Foot Public Use Easement Lying Along the North
Boundary Of Lot 35, Section 6, Township Five North, Range Eleven West, Seward
Meridian, Alaska, and Determining The Easement Is Not Needed For A Public Purpose.
(Administration)
10.ADOPTED UNANIMOUSLY. Resolution No. 2022-41 – Authorizing Renewal of the City’s
Insurance Coverage with Alaska Municipal League Joint Insurance Association for July 1,
2022 Through June 30, 2023. (Administration)
11.ADOPTED UNANIMOUSLY. Resolution No. 2022-42 – Authorizing Contracts for
Employee Health Care and Other Benefits Effective July 1, 2022. (Administration)
12.ADOPTED UNANIMOUSLY. Resolution No. 2022-43 – Authorizing the City Manager to
Enter Into a Memorandum of Agreement with the State of Alaska Department of Natural
Resources, Division of Forestry to Support Spruce Beetle Mitigation and Hazard Fuel
Reduction. (Administration)
13.ADOPTED UNANIMOUSLY. Resolution No. 2022-44 – Approving the Execution of a
Lease of Airport Reserve Lands Using the Standard Lease Form Between the City of Kenai
and Swanson Properties, LLC on Lot 6, Block 5, General Aviation Subdivision No. 1
Amended. (Administration)
14.ADOPTED UNANIMOUSLY. Resolution No. 2022-45 – Supporting the Constitutional
Right of Alaska Grand Juries to Investigate and Make Recommendations on Public Welfare
and Safety Concerns. (Council Members Sounart and Pettey)
E.MINUTES
Page 46CJ
Kenai City Council - Regular Meeting Page 3 of 4
June 01, 2022
1.APPROVED BY THE CONSENT AGENDA. *Budget Work Session of May 14, 2022. (City
Clerk)
F.UNFINISHED BUSINESS
1.ENACTED AS AMENDED. Ordinance No. 3287-2022 – Conditionally Donating Certain
City Owned Property Described as Tract A Park View Subdivision (KPB Parcel No.
04701018) to the Boys and Girls Club of the Kenai Peninsula for Development of Facilities
for Youth Sports, Recreation, Education, After School Care and Other Youth Activities.
(Mayor Gabriel and Council Member Baisden) [Clerk's Note: At the May 18th Meeting, this
Ordinance was Postponed to this Meeting; a Motion to Enact is On the Floor.]
G.NEW BUSINESS
1.APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified.
(Administration)
2.INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 6/15/2022.
*Ordinance No. 3294-2022 – Accepting and Appropriating Funding From the State of
Alaska Department of Natural Resources, Division of Forestry, to Support Spruce Beetle
Mitigation and Hazard Fuel Reduction. (Administration)
3.APPROVED UNANIMOUSLY. Action/Approval – Executing an Amendment to the Facility
Management Agreement with Kenai Chamber of Commerce and Visitor Center, Inc. to
Extend the Current Agreement to June 30, 2023. (Administration)
4.APPROVED UNANIMOUSLY. Action/Approval – Approving Official Bond Amounts for
City Manager, City Clerk and Finance Director. (Administration)
5.BOARD OF ADJUSTMENT SCHEDULED FOR 6/20/2022 AT 7:00 P.M. Discussion –
Scheduling a Board of Adjustment Appeal Hearing. (City Clerk)
H.COMMISSION / COMMITTEE REPORTS
1.Council on Aging
2.Airport Commission
3.Harbor Commission
4.Parks and Recreation Commission
5.Planning and Zoning Commission
6.Beautification Committee
7.Mini-Grant Steering Committee
I.REPORT OF THE MAYOR
J.ADMINISTRATION REPORTS
Page 47CJ
Kenai City Council - Regular Meeting Page 4 of 4
June 01, 2022
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/89499065354 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 894 9906 5354 Passcode: 382673 Meeting ID: 894 9906 5354 Passcode: 382673
Page 48CJ
144 N. Binkley Street, Soldotna, Alaska 99669 (907) 714-2215 (907) 714-2378 Fax
Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building
Office of the Borough Clerk
Robert Ruffner, Planning Director • Charlie Pierce, Borough Mayor
Blair Martin, Chair – District 2-Kenai ~ Jeremy Brantley, Vice Chair – District 5 Sterling/Funny River ~ Syverine Abrahamson-Bentz, Parliamentarian – District 9 – South Peninsula
Pamela Gillham, District 1 – Kalifornsky ~ John Hooper, District 3 Nikiski ~ Michael Horton, District 4 – Soldotna ~ Jeremy Brantley, District 5 – Sterling/Funny River
Virginia Morgan, District 6 – East Peninsula ~ Vacant, District 7 – Central ~ David Strutzer, District 8 – Homer
Franco Venuti, City of Homer ~ Charlene Tautfest, City of Soldotna ~ Vacant, City of Seward ~ Vacant, City of Seldovia
Planning Commission Tentative Agenda
May 23, 2022
7:30 p.m.
Zoom Meeting Link: https://us06web.zoom.us/j/9077142200
Zoom Toll Free Phone Numbers: 888-788-0099 or 877-853-5247
Zoom Meeting ID: 907 714 2200
To join the meeting from a computer, visit the Zoom meeting link above. If you connect by computer and do not have speakers or a
microphone, connect online and then select phone for audio. A box will come up with toll free numbers, the meeting ID, and your
participant number. To attend the Zoom meeting by telephone, use the Zoom toll free phone numbers listed above.
The hearing procedure for the Planning Commission public hearings is as follows:
1)Staff will present a report on the item.
2)The Chair will ask for the petitioner’s presentation, given by Petitioner(s) / Applicant (s) or their
representative – 10 minutes
3)Public testimony on the issue – 5 minutes per person
4)After testimony is completed, the Planning Commission may follow with questions. A person may only
testify once on an issue unless questioned by the Planning Commission.
5)Staff may respond to any testimony given and the Commission may ask staff questions.
6)Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present
new testimony or evidence.
7)The Chair closes the hearing and no further public comment will be heard.
8)The Chair entertains a motion and the Commission deliberates and makes a decision.
All those wishing to testify must wait for recognition by the Chair. Each person must begin by stating his or her name
and mailing address for the record at the microphone. All questions will be directed to the Chair. Testimony must be
kept to the subject at hand and shall not deal with personalities. Decorum must be maintained at all times and all
testifiers shall be treated with respect. If participating via Zoom the testifier will need to use the Zoom “raise hand”
feature or press *9 by phone to speak.
A.CALL TO ORDER
B.ROLL CALL
C.APPROVAL OF CONSENT AND REGULAR AGENDAS
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine
and non-controversial by the Planning Commission and may be approved by one motion. There will be no
separate discussion of consent agenda items unless a Planning Commissioner removes the item from the
consent agenda. The removed item will then be considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item, please advise the recording secretary before the meeting
begins, and she will inform the Chair of your wish to comment.
*1.Time Extension Request - None
*2.Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval
Page 49
Planning Commission Tentative Agenda May 23, 2022
Page 2
a. Horse Creek Subd. 2021 Addition; KPB File 2021-099
b. Mackey Lakes Subdivision Douglas Replat; KPB File 2021-109
*4. Plats Granted Final Approval - None
*5. Plat Amendment Request – None
*6. Commissioner Excused Absences
a. City of Seward, Vacant
b. City of Seldovia, Vacant
c. District 7 – Central, Vacant
*7. Minutes
a. May 9, 2022 Planning Commission Meeting Minutes
D. OLD BUSINESS - None
E. NEW BUSINESS
Public Hearing: Quasi-Judicial Matters (Commission members may not receive or engage in ex-parte contact
with the applicant, other parties interested in the application, or members of the public concerning the application or issues
presented in the application)
1. Section Line Easement Vacation; KPB File 2022-060V
Request: Vacate section line easement associated with Tracts A, B & C of Quartz Creek
Subdivision Plan SW 94-11
PINs: 119-124-17, 119-124-18 & 119124-19
Petitioner(s)/Landowner(s): Three Bears of Alaska & Kenai Peninsula Borough
Cooper Landing Area
2. Conditional Use Permit; PC Resolution 2022-22
To perform bank stabilization on a parcel within the 50’ Habitat Protection District of the Kenai River
Location: 992 Bridge Access Road, Kenai; PIN 049-011-35
Petitioners: Will & Becky Jahrig
City of Kenai
3. Conditional Land Use Permit – Materials Processing; PC Resolution 2022-21
Location: 27083 Seward Hwy., Seward; PIN 125-090-28
Applicant/Landowner: Colaska Inc. - QAP
Moose Pass Area
Public Hearing: Legislative Matters
4. Ordinance 2022-14: Authorizing the sale of certain parcels of borough-owned land by live outcry
auction followed by a subsequent online-only auction land sale.
5. Resolution 2022-XX: Classifying & reclassifying certain borough-managed land in the Moose Pass
area.
F. PLAT COMMITTEE REPORT – The plat committee will review 10 Plats
G. OTHER (No Public Hearings)
Page 50CJ
Planning Commission Tentative Agenda May 23, 2022
Page 3
1.Plat Committee – June 13, 2022
H.PUBLIC COMMENT/PRESENTATION (Items other than those appearing on the agenda or scheduled
for public hearing. Limited to five minutes per speaker unless previous arrangements are made)
I.DIRECTOR'S COMMENTS
J.COMMISSIONER COMMENTS
K. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, June 13, 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
A party of record may file an appeal of a decision of the Planning Commission in accordance with the requirements of the Kenai
Peninsula Borough Code of Ordinances. An appeal must be filed with the Borough Clerk within 15 days of the notice of decision, using
the proper forms, and be accompanied by the filing and records preparation fees.
Vacations of right-of-ways, public areas, or public easements outside city limits cannot be made without the consent of the borough
assembly. Vacations within city limits cannot be made without the consent of the city council. The assembly or city council shall have
30 calendar days from the date of approval in which to veto the planning commission decision. If no veto is received within the
specified period, it shall be considered that consent was given.
A denial of a vacation is a final act for which the Kenai Peninsula Borough shall give no further consideration. Upon denial, no
reapplication or petition concerning the same vacation may be filed within one calendar year of the date of the final denial action
except in the case where new evidence or circumstances exist that were not available or present when the original petition was filed.
Page 51CJ
Page 52
3050 Kim N Ang Ct.,
Kenai, Alaska 99611
(907) 398-3117
May 30, 2022
City of Kenai Planning and Zoning Board President and Vice Mayor
Subject: Unethical display of favoritism toward the individual who filed the
rezoning permit #PZ2022-12.
I would like to file a formal complaint on the actions of one of your board
members that was displayed during the rezoning meeting that occurred on May
25, 2022. During the meeting break a board member left her seat approached the
rezoning applicant embraced him and sat down and talked to him before
returning to her seat. I find this to be inappropriate conduct which requires your
attention. This display indicated her intension of voting in favor of the petition
before the vote was taken. This action alone should have nullified the vote. I am
requesting you re-schedule another board meeting and to remove this person
from the board for her conduct unprofessional actions of this type only shows bad
judgement and do you really need people on your board with bad judgement,
which in some cases makes life changing decisions on other people's lives?
Sincerely,
~~~
Charles Eubank