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HomeMy WebLinkAbout2022-10-12 Planning & Zoning PacketKenai Planning & Zoning Commission – Regular Meeting Page 1 of 2 October 12, 2022 Kenai Planning & Zoning Commission - Regular Meeting October 12, 2022 ꟷ 7:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Info Page 2** Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 5. *Excused Absences *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the it em will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of September 14, 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 F. PUBLIC HEARINGS G. UNFINISHED BUSINESS H. NEW BUSINESS 1. Action/Approval – Approving a time extension for the finalization of Beaver Loop Acres Addition No. 2 Preliminary Plat. I. PENDING ITEMS Page 1 Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 October 12, 2022 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. Next Meeting Date: October 26, 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/88498324131 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 884 9832 4131 Passcode: 651257 Meeting ID: 884 9832 4131 Passcode: 651257 Page 2 KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING SEPTEMBER 14, 2022 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR JEFF TWAIT, PRESIDING Planning & Zoning Commission Meeting Page 1 of 6 September 14, 2022 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on September 14, 2022, in City Hall Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Commissioners present: J. Twait, A. Douthit, G. Woodard, V. Askin, J. Halstead Commissioners absent: G. Greenberg, D. Fikes Staff/Council Liaison present: Interim Planning Director M. Best, Vice Mayor J. Glendening, Deputy Clerk M. Thibodeau A quorum was present. 3. Agenda Approval Chair Twait noted the following revisions to the agenda and packet: ACTION ITEM Add to item H.2 Recommending Ordinance 3312-2022 • Improvement Description • Improvement Design • Substitute Ordinance 3312-2022 • Ordinance 3312-2022 Planning Memo to Council • Substitute Ordinance 3312-2022 City Manager Memo to Council MOTION: Commissioner Askin MOVED to approve the agenda with the requested revisions, and requested to move all items under H. New Business to be heard ahead of F. Public hearings. Commissioner Halstead SECONDED the motion. There being no objection; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Halstead MOVED to approve the consent agenda. Commissioner Askin SECONDED the motion. There being no objection; 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 Page 3 Planning & Zoning Commission Meeting Page 2 of 6 September 14, 2022 commission member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. 5. *Excused Absences – None. B. APPROVAL OF MINUTES 1. *Regular Meeting of August 24, 2022 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS – None. D. UNSCHEDULED PUBLIC COMMENTS – None. E. CONSIDERATION OF PLATS – None. F. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. Action/Approval – Recommending the Kenai City Council Approve Ordinance 3311-2022 Determining That Real Property Described as Lot 5, Block 1, Gusty Subdivision Addition No. 1, According to Plat No. 83-126 Kenai Recording District, City-Owned Airport Land Located Outside The Airport Reserve, is Not Needed for a Public Purpose, Waiving KMC 22.05.095 Methods of Sale or Disposal and Authorizing The Sale of The Property to Aaron Swanson dba Forever Business Plaza LLC. MOTION: Commissioner Halstead MOVED to recommend the City Council enact Ordinance 3311-2022. Commissioner Askin SECONDED the motion. Director Best provided a staff report explaining that this purchase was based on Resolution 2018-12 which allows the purchase of leased properties that had substantial building development. This policy was in effect until July 6, 2021 but due to prior illness and death the prior lessee was unable to take advantage of the policy; Aaron Swanson, d/b/a Forever Business Plaza LLC is the new lessee and wants to purchase the property at fair market value, excluding the lease-constructed improvements. Best noted the sale is consistent with the goals and objectives of the Comprehensive Plan, and the Planning staff recommends approval. Clarification was provided that the time to apply to purchase a leased property under Resolution 2018-12 expired, but this would allow an exception to be made due to lessee passing away before he could take advantage of the legislation. VOTE: YEA: Askin, Woodard, Douthit, Halstead, Twait NAY: None. MOTION PASSED UNANIMOUSLY. 2. Action/Approval – Recommending the Kenai City Council Approve Ordinance No. 3312- 2022 Determining Lot 4, Block 1, Gusty Subdivision Addition No. 1 Amended Is Not Needed for a Public Purpose and Approving The Execution of a Lease With an Option to Purchase Between The City Of Kenai And Aaron Swanson for The Property. MOTION: Commissioner Halstead MOVED to recommend the City Council enact Substitute Ordinance 3312-2022. Vice Chair Douthit SECONDED the motion. Page 4 Planning & Zoning Commission Meeting Page 3 of 6 September 14, 2022 Director Best provided a staff report explaining that the City had received a Competitive Lease with a Sale Purchase application from Aaron Swanson d/b/a Forever Business Plaza LLC; the proposed use of the parcel which is currently vacant would be to construct a Pita Pit restaurant. He noted that the City of Kenai Land Management Inventory and Recommendation List recommended the property for disposal, and that the applicant would be responsible for completing development of the property within two years of the execution of the lease. Applicant Aaron Swanson explained that this is for the lot next to the lot addressed in Ordinance 3311- 2022, and his intent is to develop it into a Pita Pit restaurant; he wants to build it in a way that would allow expansion on the property in the future. He clarified that the new structure would be separate from the Pita Pit food truck and operate as a standalone restaurant, and that there is not yet a final completion date due to many moving parts including coordination with Pita Pit corporate. Support was expressed for development of underutilized lots in the City, and for the Lease to Purchase option being taken advantage of. VOTE: YEA: Woodard, Douthit, Halstead, Twait, Askin NAY: None. MOTION PASSED UNANIMOUSLY. 3. Action/Approval – Recommending the Kenai City Council Approve Resolution No. 2022- XX – Approving the Renewal of a Lease on Airport Reserve Lands between the City of Kenai and the Federal Aviation Administration for the Automated Flight Service Station Facility on Lot 7A-1, FBO Subdivision No. 5. MOTION: Commissioner Askin MOVED to recommend the City Council adopt Resolution No. 2022-XX, approving the renewal of a lease to the Federal Aviation Administration for the Automated Flight Service Station Facility. Vice Chair Douthit SECONDED the motion. Director Best explained that the Federal Aviation Administration had applied to renew a lease for the automated flight service station and satellite communication network facility which has been operated since 1983. He noted that this use is consistent with the Comprehensive Plan and staff recommended approval. VOTE: YEA: Halstead, Twait, Askin, Woodard, Douthit NAY: None. MOTION PASSED UNANIMOUSLY. 4. Action/Approval – Recommending the Kenai City Council Enact Ordinance 3314-2022 Extending The Time Period for Completion of The Action Items Necessary for The Conditional Donation of An Approximate 2 Acre Parcel to be Subdivided From A Portion Of The 6.8 Acre More or Less Portion of The East of Tract 4a, Baron Park 2020 Replat (KPB Parcel No. 04501035) to Triumvirate Theatre for The Development of a Theatre Facility. MOTION: Commissioner Askin MOVED to recommend the City Council enact Substitute Ordinance 3314-2022. Vice Chair Douthit SECONDED the motion. Director Best reported that Ordinance No. 3219-2021 provided for the conditional donation of a parcel of land to Triumvirate Theatre for the development of a theatre. He noted that Triumvirate’s Executive Director has kept the City apprised of the theatre’s progress, and that staff recommended approval. Page 5 Planning & Zoning Commission Meeting Page 4 of 6 September 14, 2022 Joe Rizzo, Triumvirate Theatre’s Executive Director, explained that they intend to hold off on construction until plans are complete and funding has been secured. He provided an update on the Triumvirate’s current finances, upcoming funding opportunities and projected timelines dependent on the funding. Clarification was provided that Triumvirate is still in the conceptual drawings phase and that the design may change. Timelines for potential funding opportunities were explained in regards to how they affect their project schedule and prompted their current extension request, and that this extension will lengthen their time period to meet the conditions of the original donation to two years from the original deadline. It was noted that the length of time it would take to complete a survey was also a consideration in the extension request, and that the survey would need to be completed within a set timeframe. VOTE: YEA: Douthit, Halstead, Twait, Askin, Woodard NAY: None. MOTION PASSED UNANIMOUSLY. F. PUBLIC HEARINGS 1. Resolution PZ2022-23 – Recommending the Kenai City Council Enact Ordinance 3316- 2022 Amending Kenai Municipal Code 14.20.150-Conditional Use Permits, To Further Clarify Roles And Responsibilities Of Applicants, The Planning Director, And The Planning Commission In The Conditional Use Process. MOTION: Vice Chair Douthit MOVED to approve Resolution PZ2022-23. Commissioner Woodard SECONDED the motion. Director Best noted that the sectional analysis in the packet provided by Vice Mayor Glendening offers a good explanation of the proposed changes. Vice Mayor Glendening explained the purpose of the Ordinance, how it could provide structure for discussions of conditional use permits (CUP) being granted, modified or denied. Clarification was provided on the proposed changes to code, including how the Commission does not have to give deference to the Planning Director’s recommendation; the definition of “deference”; and how the changes will promote a more thorough examination of the City’s land use table and code by the Commission. There was discussion regarding the definition of “substantial evidence” and how it will be used to demonstrate that the decisions of the Commission come from evidence-based reasoning; the instructive benefits of the proposed language for new commissioners; and whether the proposed language would increase the potential for appeals of CUP decisions. The Commission discussed #6 as outlined on the sectional analysis memorandum, which would “Amend 14.20.150(e) by adding language that clarifies that conditions placed on conditional use permits by the Commission must be based on applicable City Code,” and whether it could restrict the Commission’s ability to add conditions. Clarification was provided that City Code supports the Commission’s ability to place conditions on CUPs to ensure that they would be compatible with their surroundings. It was noted that improvement to the CUP enforcement process was needed, but that this is currently limited by staff availability. Chair Twait opened for public hearing; there being no one wishing to be heard, the public hearing was closed. The purpose of the Ordinance for confirming the roles and responsibilities of the Planning and Zoning Commission in the CUP process was discussed. Page 6 Planning & Zoning Commission Meeting Page 5 of 6 September 14, 2022 Further clarification was provided on the #2 as outlined on the sectional analysis memorandum, “Amend 14.20.150(b) to require the City Manager report the results of any CUP application appeals made to him or her to the City Council”; it was noted this does not affect the Commission’s responsibilities. MOTION TO AMEND: Vice Chair Douthit MOVED to amend the #6 on the sectional analysis memorandum of Resolution PZ2022- 23 to read: “Amend 14.20.150(e) by adding language that clarifies that conditions placed on conditional use permits by the Commission must may be based on applicable City Code.” Commissioner Woodard SECONDED the motion. Clarification was provided that amendments can be made to the resolution and not the memorandum, and that the word “must” does not appear in 14.20.150(e). The motion was withdrawn with concurrence from the second. VOTE: YEA: Twait, Askin, Woodard, Douthit, Halstead NAY: None. MOTION PASSED UNANIMOUSLY. I. PENDING ITEMS – None. J. REPORTS 1. City Council – Vice Mayor Glendening reported on the actions of the September 7, 2022 City Council Meeting. 2. Kenai Peninsula Borough Planning – No report. 3. City Administration – Interim Planning Director Best reported on the following: • The new Planning Director starts next week. • No items have been submitted for the September 28, 2022 Planning & Zoning Commission Meeting. • The new Planning Assistant began this week and is being trained by the former Planning Assistant. • Discussed how code enforcement is very important but is limited by the current number of available staff, and that investing in that staff would benefit the City immensely. • This will be Interim Director Best’s last meeting, and he expressed appreciation for City staff. K. ADDITIONAL PUBLIC COMMENTS – None. L. INFORMATION ITEMS – None. M. NEXT MEETING ATTENDANCE NOTIFICATION 1. September 28, 2022 N. COMMISSION COMMENTS & QUESTIONS Commissioner Woodard expressed appreciation for Interim Director Best’s work with the City. Commissioner Askin thanked Interim Director Best. Commissioner Halstead noted that the sectional analysis of Ordinance 3316-2022 would be good information for new commissioners. Noted that enforcement is still an issue in the CUP process, and the differing opinions of the Commission is very beneficial to their discussions. Page 7 Planning & Zoning Commission Meeting Page 6 of 6 September 14, 2022 Vice Chair expressed appreciation for Interim Director Best. Chair Twait asked about applications for Planning and Zoning Commission vacancies. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:30 p.m. Minutes prepared and submitted by: ____________________________ Meghan Thibodeau Deputy City Clerk Page 8 MEMORANDUM TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: October 5, 2022 SUBJECT: Beaver Loop Acres Addition No. 2 – Time Extension John Segesser submitted a time extension request for Beaver Loop Acres Addition No. 2 Preliminary Plat. The preliminary plat is attached to this memorandum. Beaver Loop Acres Addition No. 2 was given conditional approval of the preliminary plat by the Kenai Peninsula Borough Planning Commission on October 12, 2020, which granted a two-year preliminary plat approval to October 12, 2022. KPB 20.25.110(A), allows for a total approval time of six years and that expiration of the original plat approval or time extensions will require the submission of, and action on, a new preliminary plat. The Kenai Peninsula Borough requires concurrence from the City of Kenai before granting the extension request. Due to the time constraint between the expiration of the preliminary plat and the next regularly scheduled Kenai Planning and Zoning Commission meeting, the Kenai Peninsula Borough has conditionally approved the time extension request on October 4, 2022, subject to a Notice of Decision from City of Kenai Planning and Zoning Commission. If the Planning and Zoning Commission approves the time extension request, City staff will sign the Time Extension Approval. Does the Commission approve the Beaver Loop Acres Addition No. 2 time extension? Attachments Extension Request Aerial Map Beaver Loop Acres Addition No. 2 Preliminary Plat Kenai Peninsula Borough - Notice of Decision for Time Extension Request Draft Time Extension Approval Page 9 1 From:seggy@ptialaska.net <seggy@ptialaska.net> Sent:Monday, September 26, 2022 2:40 PM To:Karrie Barone <kbarone@kenai.city> Subject:Time Extension CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Planning, I would like to request a time extension for Beaver Loop Acres Addition No. 2, KPB 2021-006. Thank you. John F. Segesser Segesser Surveys Inc 907-262-3909 Office 907-252-3421 Cell Page 10 Preliminary Plat Aerial MapBeaver Loop Acres Addition No. 2Parcels 04912048 and 04912051 04912051 04912048 BEAVER LOOP RDTUNDRA ROSE LN . Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. . Subject Parcels 0 250 500125 Feet Printed Date: 10/5/2022Page 11 Page 12 144 N. Binkley Street, Soldotna, Alaska 99669 (907) 714-2200 (907) 714-2378 Fax  Office of the Borough Clerk                 Mike Navarre Borough Mayor   Planning Department October 4, 2022 NOTICE OF DECISION TIME EXTENSION REQUEST Re: Beaver Loop Acres Addition No 2 KPB File Number: 2020-049R1 In accordance with KPB 20.25.110, the Planning Director or designee, may approve time extension requests. The time extension request for B eaver Loop Acres Addition No 2 Preliminary Plat was approved. Conditional preliminary plat approval is now valid through October 12, 2024. Subject to: 1. Notice of Decision from City of Kenai approving the time extension. 2. Copy of plat with current utility reviews being submitted with the final plat. 3. Plat must comply with current Kenai Peninsula Borough Code. Please note that this time extension granted is the first of two extensions allowed, per KPB 20.25.110(A). Please note that this time extension granted is the final of two extensions allowed, per KPB 20.25.110(A). If the plat is not finalized prior to the preliminary plat approval, the submission of, and action on, a new preliminary plat. For additional information please contact the Planning Department, 907-714-2200 (1-800-478-4441 toll free within the Kenai Peninsula Borough). Page 13 October 13, 2022 Kenai Peninsula Borough – Planning Department Attn: Madeleine Quainton 144 North Binkley Street Soldotna, AK 99669 mquainton@kpb.us RE: Beaver Loop Acres Addition No. 2 Time Extension Approval KPB File 2020-049R1 Dear Ms. Quainton: On October 12, 2022, the City of Kenai Planning and Zoning Commission concur with a two-year time extension to finalize the plat for Beaver Loop Acres Addition No. 2 Preliminary Plat. 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. In addition, a preliminary plat located within city limits will require documentation from the city advisory planning commission indicating concurrence with the time extension. If you have any questions regarding the time extension, please contact me at 907-283-8235 or lmitchell@kenai.city. Sincerely, Linda Mitchell Planning Director Page 14 Kenai City Council - Regular Meeting Page 1 of 4 September 21, 2022 Kenai City Council - Regular Meeting September 21, 2022 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 4** Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comments 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 comments limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED WITHOUT OBJECTION. Ordinance No. 3306-2022 - Amending Kenai Municipal Code 7.15.020 Purchases Requiring Council Approval, to Provide Increased Flexibility for the Administration to Conduct City Business while Maintaining Sufficient Safeguards to Protect the Public Interest. (Baisden) 2. ENACTED AS AMENDED WITHOUT OBJECTION. Ordinance No. 3307-2022 - Amending Kenai Municipal Code 7.25.020 – City Budget Control, to Provide Increased Flexibility in the Expenditure of Funds and Management of City Budgets while Maintaining Adequate Internal Controls to Protect the Public’s Interest. (Baisden) 3. ENACTED WITHOUT OBJECTION. Ordinance No. 3308-2022 - Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Materials. (Administration) 4. ENACTED WITHOUT OBJECTION. Ordinance No. 3309-2022 - Accepting and Appropriating Funds from the Public Library Association and AT&T for the Kenai Community Library’s Participation in the PLA Digital Literacy Workshop Training Incentive. (Administration) 5. ENACTED WITHOUT OBJECTION. Ordinance No. 3310-2022 - Increasing Estimated Revenues and Appropriations in the General Fund, Police Department, for the Receipt of a Vehicle Forfeited to the State of Alaska. (Administration) 6. ENACTED AS AMENDED WITHOUT OBJECTION. Ordinance No. 3311-2022 - Determining that Real Property Described as Lot 5, Block 1, Gusty Subdivision Addition No. 1, According to Plat No. 83-126 KRD, City-Owned Airport Land Located Outside the Airport Reserve, is not Page 15 Kenai City Council - Regular Meeting Page 2 of 4 September 21, 2022 Needed for a Public Purpose, Waiving KMC 22.05.095 Methods of Sale or Disposal and Authorizing the Sale of the Property to Aaron Swanson DBA Forever Business Plaza LLC. (Administration) 7. ENACTED AS AMENDED BY SUBSTITUTE WITHOUT OBJECTION. Ordinance No. 3312- 2022 - Determining Lot 4, Block 1, Gusty Subdivision Addition No. 1 Amended is not Needed for a Public Purpose and Approving the Execution of a Lease with an Option to Purchase between the City of Kenai and Aaron Swanson for the Property. (Administration) • Substitute Ordinance No. 3312-2022 - Determining Lot 4, Block 1, Gusty Subdivision Addition No. 1 Amended is not Needed for a Public Purpose and Approving the Execution of a Lease with an Option to Purchase between the City of Kenai and Aaron Swanson DBA Forever Business Plaza, LLC. for the Property. (Administration) 8. ENACTED WITHOUT OBJECTION. Ordinance No. 3313-2022 - Accepting and Appropriating Funds from the State of Alaska Department of Natural Resources, Division of Forestry and the United States Department of Agriculture, Forest Service to Support the City’s Spruce Beetle Mitigation and Hazard Fuel Reduction Program and Authorizing the City Manager to Execute a Memorandum of Agreement for this Funding. (Administration) 9. ENACTED AS AMENDED WITHOUT OBJECTION. Ordinance No. 3314-2022 - Extending the Time Period for Completion of the Action Items Necessary for the Conditional Donation of an Approximate 2 Acre Parcel to be Subdivided from a Portion of the 6.8 Acre More or Less Portion of the East of Tract 4A, Baron Park 2020 Replat (KPB Parcel No. 04501035) to Triumvirate Theatre for the Development of a Theatre Facility. (Administration) 10. ENACTED WITHOUT OBJECTION. Ordinance No. 3315-2022 - Increasing Estimated Revenues and Appropriations in the General Fund and Public Safety Capital Project Fund for Costs in Excess of Budgeted Amounts for the fire Department Apparatus Bay Floor Refinishing Project. (Administration) 11. POSTPONED TO 10/5/2022 WITH A MOTION TO AMEND ON THE FLOOR. Ordinance No. 3316-2022 - Amending Kenai Municipal Code 14.20.150-Conditional Use Permits, to Further Clarify Roles and Responsibilities of Applicants, the Planning Director, and the Planning Commission in the Conditional Use Process. (Glendening) 12. POSTPONED TO 10/5/2022. Resolution No. 2022-64 - Approving the Renewal of a Lease Utilizing a Non-Standard Lease Form on Airport Reserve Lands Between the City of Kenai and the Federal Aviation Administration for the Automated Flight Service Station and Satellite Communication Network Facilities on Lot 7A-1 FBO Subdivision No. 5. (Administration) 13. ADOPTED WITHOUT OBJECTION. Resolution No. 2022-65 - Approving the Use of the Fleet Replacement Fund for the Purchase of Four Ford Police Interceptors Utilizing the State of Alaska Equipment Fleet Contract. (Administration) 14. ADOPTED WITHOUT OBJECTION. Resolution No. 2022-66 - Amending the Kenai Municipal Airport Aircraft Parking Fees. (Administration) 15. ADOPTED WITHOUT OBJECTION. Resolution No. 2022-67 - Allowing the City of Kenai, City Manager to Execute Federal Aviation Administration Grant Agreement for Airport Improvement Program Project No. 3-02-0142-072-2022 at the Kenai Municipal Airport. (Administration) 16. ADOPTED WITHOUT OBJECTION. Resolution No. 2022-68 - Authorizing A FY2022 Budget Transfer in the Airport Fund, Airfield Department for Amounts in Excess of Budgeted Amounts Caused by Employee Retirement and Above Average Snow Removal Activity During the Fiscal Year. (Administration) Page 16 Kenai City Council - Regular Meeting Page 3 of 4 September 21, 2022 17. ADOPTED WITHOUT OBJECTION. Resolution No. 2022-69 - Authorizing a FY2022 Budget Transfer in the General Fund, Street Department for Amounts in Excess of Budgeted Amounts Caused by Above Average Snow Removal Activity During the Fiscal Year. (Administration) E. MINUTES 1. *Regular Meeting of September 7, 2022. (City Clerk) F. UNFINISHED BUSINESS G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Special Use Permit for Corvus Airlines, Inc. DBA Ravn Alaska, LLC. for Use of 1,200 Square Feet of Warm Storage of a De-Ice Vehicle. (Administration) 3. *Ordinance No. 3317-2022 - Increasing Estimated Revenues and Appropriations in the Airport Fund and Appropriating Funds in the Airport Snow Removal Equipment Capital Project Fund for the Purchase of Snow Removal Equipment Attachments and Installation of a Gate. (Administration) 4. APPROVED AS AMENDED WITHOUT OBJECTION. Action/Approval - Appointment of the October 4, 2022 Election Precinct Boards for the October 4, 2022 Regular City Election. (City Clerk) 5. APPROVED WITHOUT OBJECTION. Action/Approval - Kenai Senior Center as a Residual Beneficiary of the Tamera Diane Cone Testamentary Trust – Options for Management of Funds. (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 1. Childhood Cancer Awareness Proclamation 2. Government Finance Officers Association Letter J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) Page 17 Kenai City Council - Regular Meeting Page 4 of 4 September 21, 2022 2. Council Comments L. EXECUTIVE SESSION 1. Discussion for Resolving Delinquent Special Assessment Districts. Pursuant to AS 44.62.310(c)(1) a Matter of which the Immediate Knowledge may have an Adverse Effect upon the Finances of the City. (Administration) 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/87092139083 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 870 9213 9083 Passcode: 972752 Meeting ID: 870 9213 9083 Passcode: 972752 Page 18 Kenai City Council - Regular Meeting Page 1 of 3 October 05, 2022 Kenai City Council - Regular Meeting October 05, 2022 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 3** Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comments 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 comments limited to ten (10) minutes per speaker) 1. "Kenai Police Department Accreditation" Scott Hayes, Executive Director of Oregon Accreditation Alliance. C. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED WITHOUT OBJECTION. Ordinance No. 3317-2022 - Increasing Estimated Revenues and Appropriations in the Airport Fund and Appropriating Funds in the Airport Snow Removal Equipment Capital Project Fund for the Purchase of Snow Removal Equipment Attachments and Installation of a Gate. (Administration) 2. ADOPTED WITHOUT OBJECTION. Resolution No. 2022-70 - Authorizing Changes to the Payment Terms of the Set Net Drive Street Improvement Special Assessment District, the Aliak, Mccollum, Japonski Streets Improvement Special Assessment District, the Thompson Park, Beaver Creek Alaska, Mack, Valhalla Heights and Sunset Rim Subdivisions Street Improvement Special Assessment District, the South Ames Road LID Street Improvement District, and the James Street and Kiana Lane Improvement Special Assessment District in an Effort to Resolve the Remaining Delinquent Accounts of the Districts. (Administration) 3. ADOPTED WITHOUT OBJECTION. Resolution No. 2022-71 - Authorizing the City Manager to Execute a Grant from the Alaska Department of Commerce, Community, and Economic Development, Division of Community and Regional Affairs for the Kenai Bluff Stabilization Project. (Administration) 4. ADOPTED WITHOUT OBJECTION. Resolution No. 2022-72 - Authorizing a Budget Transfer on the General Fund Decreasing City Manager Contingency, Increasing Non-Departmental Page 19 Kenai City Council - Regular Meeting Page 2 of 3 October 05, 2022 Professional Services, and Authorizing a Change to a Purchase Order to Larson Engineering & Design for Tower Study. (Administration) E. MINUTES 1. *Joint Work Session of September 21, 2022. (City Clerk) 2. *Regular Meeting of September 21, 2022. (City Clerk) F. UNFINISHED BUSINESS 1. ENACTED. Ordinance No. 3316-2022 - Amending Kenai Municipal Code 14.20.150- Conditional Use Permits, to Further Clarify Roles and Responsibilities of Applicants, the Planning Director, and the Planning Commission in the Conditional Use Process. (Glendening) [Clerk's Note: At the September 21, 2022 City Council Meeting, this Ordinance was Postponed to this Meeting; Motions to Enact and a Motion to Amend are on the Floor.] 2. POSTPONED TO 10/19/2022. Resolution No. 2022-64 - Approving the Renewal of a Lease Utilizing a Non-Standard Lease Form on Airport Reserve Lands Between the City of Kenai and the Federal Aviation Administration for the Automated Flight Service Station and Satellite Communication Network Facilities on Lot 7A-1 FBO Subdivision No. 5. (Administration) [Clerk's Note: At the September 21, 2022 City Council Meeting, this Resolution was Postponed to this Meeting; a Motion to Adopt is on the Floor.] G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders Over $15,000. (Administration) 3. *Action/Approval – Consent to Assignment and Assumption of Lease Agreement of ADL 37765, ATS 770, to TK Enterprises, LLC. (Administration) 4. *Ordinance No. 3318-2022 – Renaming and Amending Kenai Municipal Code Chapter 7.30 Land Sale Permanent Funds to Establish the Kenai Senior Center Cone Memorial Trust and Directing All Proceeds Received as a Residual Beneficiary from the Tamara Diane Cone Testamentary Trust to be Deposited into such Fund. (Administration) 5. *Ordinance No. 3319-2022 - Increasing Estimated Revenues and Appropriations in the Kenai Bluff Erosion Capital Project Fund for Construction of the Kenai Bluff Stabilization Project. (Administration) 6. REFERRED TO EMPLOYEE SUBCOMMITTEE. Discussion – City Manager Job Description (Mayor Gabriel) 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 Page 20 Kenai City Council - Regular Meeting Page 3 of 3 October 05, 2022 I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments 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. CIRCAC Director’s Report 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/84610467586 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 846 1046 7586 Passcode: 499690 Meeting ID: 846 1046 7586 Passcode: 499690 Page 21 Planning Commission Kenai Peninsula Borough Meeting Agenda 144 North Binkley Street Soldotna, AK 99669 Jeremy Brantley, Chair – District 5 Sterling/Funny River Blair Martin, Vice Chair – District 2 Kenai Pamela Gillham – District 1 Kalifornsky Virginia Morgan, Parliamentarian – District 6 East Peninsula John Hooper – District 3 Nikiski Michael Horton – District 4 Soldotna VACANT – District 7 Central David Stutzer – District 8 Homer Dawson Slaughter – District 9 South Peninsula Diane Fikes – City of Kenai Franco Venuti – City of Homer Charlene Tautfest – City of Soldotna Troy Staggs – City of Seward VACANT – City of Seldovia Betty J. Glick Assembly Chambers7:30 PMMonday, October 10, 2022 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. Page 1 Printed on 10/6/2022Page 22 October 10, 2022Planning Commission Meeting Agenda All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or her name and mailing address on the sign -in sheet located by the microphone provided for public comment . They must begin by stating their name and address for the record at the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities . Decorum must be maintained at all times and all testifiers shall be treated with respect. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and non-controversial by the 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 Planning Commission Resolution 2022-44 Street Naming Resolution 2022-03 KPB-4621 C2. Resolutions_PacketAttachments: 3. Plats Granted Administrative Approval a. Cohoe Estates Subdivision 2021 Addition; KPB File 2021-117 b. Herrin Subdivision Red Lake Replat; KPB File 2022-042 c. Murray Subdivision 2022 Replat; KPB File 2021-154 d. Townsley Subdivision; KPB File 2022-030 KPB-4649 C3. Administrative Approvals_PacketAttachments: 4. Plats Granted Final Approval (KPB 20.10.040) 5. Plat Amendment Request 6. Commissioner Excused Absences 7. Minutes Page 2 Printed on 10/6/2022Page 23 October 10, 2022Planning Commission Meeting Agenda September 26, 2022 Planning Commission Meeting MinutesKPB-4650 C7. 092622 PC Meeting MinutesAttachments: D. OLD BUSINESS E. NEW BUSINESS Build Setback Encroachment Permit; KPB File 2022-143 Lot 15, Block 5 Lake View Terrace No. 2 PC Resolution 2022-45 KPB-46511. E1. Lake View Terrace No. 2_PacketAttachments: Right-Of-Way Vacation; KPB File 2022-136V Ciccone Street & Associated Utility Easement KPB-46522. E2. ROWV_Ciccone St._PacketAttachments: F. PLAT COMMITTEE REPORT G. OTHER Annual Review of KPB 21.18 Kenai River Center KPB-4653 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 October 10, 2022 Director's ReportKPB-4654 J. COMMISSIONER COMMENTS K. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Advisory Planning Commission Meeting MinutesKPB-4655 Misc. InformationAttachments: NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING Page 3 Printed on 10/6/2022Page 24 October 10, 2022Planning Commission Meeting Agenda The next regularly scheduled Planning Commission meeting will be held Monday, October 24, 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 4 Printed on 10/6/2022Page 25 Plat Committee Kenai Peninsula Borough Meeting Agenda 144 North Binkley Street Soldotna, AK 99669 Betty J. Glick Assembly Chambers6:00 PMMonday, September 26, 2022 Zoom Meeting ID: 907 714 2200 The hearing procedure for the Plat Committee public hearings are as follows: 1) Staff will present a report on the item. 2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative – 10 minutes 3) Public testimony on the issue. – 5 minutes per person 4) After testimony is completed, the Planning Commission may follow with questions. A person may only testify once on an issue unless questioned by the Planning Commission. 5) Staff may respond to any testimony given and the Commission may ask staff questions. 6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence. 7) The Chair closes the hearing and no further public comment will be heard. 8) The Chair entertains a motion and the Commission deliberates and makes a decision. All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or her name and mailing address on the sign -in sheet located by the microphone provided for public comment . They must begin by stating their name and address for the record at the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities . Decorum must be maintained at all times and all testifiers shall be treated with respect. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and noncontroversial by the Plat Committee and may be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner removes the item from the consent agenda . The removed item will then be considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item, please advise the recording secretary before the meeting begins, and she will inform the Chair of your wish to comment. Page 1 Printed on 9/20/2022Page 26 September 26, 2022Plat Committee Meeting Agenda 1. Agenda 2. Member / Alternate Excused Absences 3. Minutes September 12, 2022 Plat Committee MinutesKPB-4601 C3. 091222 Plat MinutesAttachments: D. OLD BUSINESS E. NEW BUSINESS Corea Bend Subdivision 2022 Addition; KPB File 2022-131KPB-46021. E1. Corea Bend Sub 2022 Addn_PacketAttachments: Trout View Subdivision; KPB 2022-127KPB-46032. E2. Trout View Sub_PacketAttachments: Granross Grove 2022 Replat; KPB File 2022-134KPB-46043. E3. Granross Grove 2022 Replat_PacketAttachments: Hesketh Southwest; KPB File 2022-135KPB-46054. E4. Hesketh Southwest_PacketAttachments: Baltic Woods Lot 2 Replat; KPB File 2022-128KPB-46065. E5. Baltic Woods Lot 2 Replat_PacketAttachments: Baywood 2022; KPB File 2022-129KPB-46076. E6. Baywood 2022_PacketAttachments: Spruce Woods Lot 1 Replat; KPB File 2022-132KPB-46087. E7. Spruce Woods Lot 1 Replat_PacketAttachments: Whal Subdivision; KPB File 2022-092R1KPB-46098. E8. Wahl Subdivision_PacketAttachments: F. PUBLIC COMMENT (Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per speaker unless previous arrangements are made) Page 2 Printed on 9/20/2022Page 27 September 26, 2022Plat Committee Meeting Agenda G. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING The next regularly scheduled Plat Committee meeting will be held Monday, October 10, 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. KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 Phone: toll free within the Borough 1-800-478-4441, extension 2215 Fax: 907-714-2378 e-mail address: planning@kpb.us website: http://www.kpb.us/planning-dept/planning-home Written comments will be accepted until 1:00 p.m. on the last business day (usually a Friday) before the day of the Plat Committee meeting in which the item is being heard. If voluminous information and materials are submitted staff may request seven copies be submitted. Maps, graphics, photographs, and typewritten information that is submitted at the meeting must be limited to 10 pages. Seven copies should be given to the recording secretary to provide the information to each Committee member. If using large format visual aids (i.e. poster, large-scale maps, etc.) please provide a small copy (8 ½ x 11) or digital file for the recording secretary. Audio, videos, and movies are not allowed as testimony. If testimony is given by reading a prepared statement, please provide a copy of that statement to the recording secretary. An interested party may request that the Planning Commission review a decision of the Plat Committee by filing a written request within 10 days of the written notice of decision in accordance with KPB 2.40.080. Page 3 Printed on 9/20/2022Page 28 Planning Commission Kenai Peninsula Borough Meeting Agenda 144 North Binkley Street Soldotna, AK 99669 Jeremy Brantley, Chair – District 5 Sterling/Funny River Blair Martin, Vice Chair – District 2 Kenai Pamela Gillham – District 1 Kalifornsky Virginia Morgan, Parliamentarian – District 6 East Peninsula John Hooper – District 3 Nikiski Michael Horton – District 4 Soldotna VACANT – District 7 Central David Stutzer – District 8 Homer Dawson Slaughter – District 9 South Peninsula Diane Fikes – City of Kenai Franco Venuti – City of Homer Charlene Tautfest – City of Soldotna Troy Staggs – City of Seward VACANT – City of Seldovia Betty J. Glick Assembly Chambers7:30 PMMonday, September 26, 2022 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. Page 1 Printed on 9/23/2022Page 29 September 26, 2022Planning Commission Meeting Agenda All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or her name and mailing address on the sign -in sheet located by the microphone provided for public comment . They must begin by stating their name and address for the record at the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities . Decorum must be maintained at all times and all testifiers shall be treated with respect. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and non-controversial by the 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 3. Plats Granted Administrative Approval a. Alaskan Wildwood East; KPB File 2021-126 b. Alaskan Wildwood West Subdivision; KPB File 2021-127 c. Moose Range Meadows Penny's Place; KPB File 2021-167 KPB-4610 C3. Administrative ApprovalsAttachments: 4. Plats Granted Final Approval (KPB 20.10.040) a. Denise Lake Estates 2022 Replat; KPB File 2022-103 b. Kristine Subdivision Jahrig Addition; KPB File 2022-090 KPB-4611 C4. Final ApprovalsAttachments: 5. Plat Amendment Request 6. Commissioner Excused Absences 7. Minutes Page 2 Printed on 9/23/2022Page 30 September 26, 2022Planning Commission Meeting Agenda September 12, 2022 Planning Commission MinutesKPB-4612 C7. 091222 PC MinutesAttachments: D. OLD BUSINESS E. NEW BUSINESS Utility Easement Vacation; KPB File 2022-133V Request: Vacate a 112.2' by 3' portion of a utility easement granted on Scenic View Subdivision Scenic Grow Addn. No. 1 2013 Replat; Plat HM 2013-43 KPB-46131. E1. UEV_Scenic View SubdivisionAttachments: Right-of-way Vacation; KPBFile 2022-130V Request Vacate the entire cul-de-sac where Lothrop Park Dr. & Ivy Ave meet at Lot 1, Block 4 of Leisure Time Estates; Plat HM 80-32 KPB-46142. E2. ROWV_Leisure Time EstateAttachments: Conditional Use Permit; PC Resolution 2022-44 Applicant; Tutka, LLC Landowner: Alaska Department of Natural Resources PIN 125-324-13; Moose Pass Area KPB-46153. E3. CLUP_Lawing Airport Quarry E3. CLUP_Desk Packet Attachments: Street Naming Resolution 2022-03 Renaming certain public rights-of-way within Emergency Service Numbers 202, 302 & 401 (Kalifornsky, Diamond Ridge & Anchor Point Communities) KPB-46164. E4. SN RES 2022-03Attachments: Ordinance 2022-19-17: Authorizing the acquisition of real property located at 3964 Bartlett Street, Homer, Alaska on behalf of the South Peninsula Hospital Service Area, appropriating $640,000.00 from the South Peninsula Hospital Plant Replacement & Expansion Fund for the purchase, and authorizing a third amendment to the operating agreement with SPH, Inc. KPB-46175. E5. Bartlett Acquisition_PacketAttachments: F. PLAT COMMITTEE REPORT Page 3 Printed on 9/23/2022Page 31 September 26, 2022Planning Commission Meeting Agenda 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) I. DIRECTOR'S COMMENTS 9/26/22 Director's ReportKPB-4618 Director's Report_092622Attachments: J. COMMISSIONER COMMENTS K. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Advisory Planning Commission Meeting MinutesKPB-4619 Misc. Info_APC Meeting MinutesAttachments: NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, October 10, 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 Page 4 Printed on 9/23/2022Page 32 September 26, 2022Planning Commission Meeting Agenda 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 5 Printed on 9/23/2022Page 33 Plat Committee Kenai Peninsula Borough Meeting Agenda 144 North Binkley Street Soldotna, AK 99669 Betty J. Glick Assembly Chambers6:00 PMMonday, October 10, 2022 Zoom Meeting ID: 907 714 2200 The hearing procedure for the Plat Committee public hearings are as follows: 1) Staff will present a report on the item. 2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative – 10 minutes 3) Public testimony on the issue. – 5 minutes per person 4) After testimony is completed, the Planning Commission may follow with questions. A person may only testify once on an issue unless questioned by the Planning Commission. 5) Staff may respond to any testimony given and the Commission may ask staff questions. 6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence. 7) The Chair closes the hearing and no further public comment will be heard. 8) The Chair entertains a motion and the Commission deliberates and makes a decision. All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or her name and mailing address on the sign -in sheet located by the microphone provided for public comment . They must begin by stating their name and address for the record at the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities . Decorum must be maintained at all times and all testifiers shall be treated with respect. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and noncontroversial by the Plat Committee and may be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner removes the item from the consent agenda . The removed item will then be considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item, please advise the recording secretary before the meeting begins, and she will inform the Chair of your wish to comment. Page 1 Printed on 10/3/2022Page 34 October 10, 2022Plat Committee Meeting Agenda 1. Agenda 2. Member / Alternate Excused Absences 3. Minutes September 26, 2022 Plat Committee Meeting MinutesKPB-4658 C3. 092622 PC MinutesAttachments: D. OLD BUSINESS E. NEW BUSINESS Clam Gulch Heights 2022 Addition; KPB File 2022-136KPB-46591. E1. Clam Gulch Heights 2022 Addn_PacketAttachments: Kachemak Estates 17; KPB File 2022-144KPB-46602. E2. Kachemak Estates 17_PacketAttachments: Stutes Estates; KPB File 2022-139KPB-46613. E3. Stutes Estates_PacketAttachments: F. PUBLIC COMMENT (Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per speaker unless previous arrangements are made) G. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING The next regularly scheduled Plat Committee meeting will be held Monday, October 24, 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. 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 Page 2 Printed on 10/3/2022Page 35 October 10, 2022Plat Committee Meeting Agenda Written comments will be accepted until 1:00 p.m. on the last business day (usually a Friday) before the day of the Plat Committee meeting in which the item is being heard. The deadline to submit written comments does not impact the ability to provide verbal testimony at the public hearing. The Planning Commission will not accept handouts or other materials from the public at the meeting. If testimony is given by reading a prepared statement, please provide a copy of that statement to the recording secretary. An interested party may request that the Planning Commission review a decision of the Plat Committee by filing a written request within 10 days of the written notice of decision in accordance with KPB 2.40.080. Page 3 Printed on 10/3/2022Page 36