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Home My WebLink About2022-12-14 Planning & Zoning PacketKenai Planning and Zoning Commission - Regular Meeting Page 1 of 2 December 14, 2022 Kenai Planning and Zoning Commission - Regular Meeting December 14, 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. Election of Chair and Vice Chair 5. Consent Agenda 6. *Excused Absences *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the it em will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of October 12, 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 1. Resolution PZ2022-26 – A request by Jeff Bettis for a Conditional Use Permit for a towing storage yard on the property described as Lot 4, Block 5, Cook Inlet Industrial Air Park, located at 310 Airport Way in the Central Mixed Use (CMU) Zone. G. UNFINISHED BUSINESS H. NEW BUSINESS Page 1 Kenai Planning and Zoning Commission - Regular Meeting Page 2 of 2 December 14, 2022 I. PENDING ITEMS J. REPORTS 1. City Council 2. Kenai Peninsula Borough Planning 3. City Administration K. ADDITIONAL PUBLIC COMMENT (Public comment limited to five (5) minutes per speaker) L. INFORMATIONAL ITEMS M. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: December 28, 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/89180629878 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 891 8062 9878 Passcode: 475235 Page 2 MEMORANDUM TO: Planning & Zoning Commission FROM: Meghan Thibodeau, Deputy City Clerk DATE: December 8, 2022 SUBJECT: Election of Chair and Vice Chair At the December 14, 2022 Planning & Zoning Commission meeting there will be an election of Chair for a term beginning January 1, 2023, and Vice Chair for a term beginning at the present meeting. Standard practice has been to hold an election of Chair and Vice Chair at the first meeting of the new year; however, with the election of Alex Douthit to City Council, the Planning & Zoning Commission is need of a Vice Chair for the remainder of 2022. Page 3 KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING OCTOBER 12, 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 3 October 12, 2022 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on October 12, 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, G. Greenberg, D. Fikes Commissioners absent: None. Staff/Council Liaison present: Planning Director L. Mitchell, Vice Mayor J. Glendening, Deputy Clerk M. Thibodeau A quorum was present. 3. Agenda Approval MOTION: Commissioner Halstead MOVED to approve the agenda as presented. Commissioner Askin SECONDED the motion. There being no objection; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Halstead MOVED to approve the consent agenda. Commissioner Woodard 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 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 September 14, 2022 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS – None. Page 4 Planning & Zoning Commission Meeting Page 2 of 3 October 12, 2022 D. UNSCHEDULED PUBLIC COMMENTS – None. E. CONSIDERATION OF PLATS – None. F. PUBLIC HEARINGS – None. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. Action/Approval – Approving a time extension for the finalization of Beaver Loop Acres Addition No. 2 Preliminary Plat. MOTION: Commissioner Askin MOVED to approve a time extension for the finalization of Beaver Loop Acres Addition No. 2 Preliminary Plat. Vice Chair Douthit SECONDED the motion. Director Mitchell provided a staff report noting that the preliminary plat had originally been approved in 2020 with an expiration timeframe of two years; the applicant had asked for a time extension to finalize. She explained that the Kenai Peninsula Borough would not typically approve a time extension request without approval from the Kenai Planning & Zoning Commission, but they made an exception and conditionally approved it due to time constraints on the plat expiration. VOTE: YEA: Askin, Woodard, Douthit, Fikes, Greenberg, Halstead, Twait NAY: None. MOTION PASSED UNANIMOUSLY. I. PENDING ITEMS – None. J. REPORTS 1. City Council – Vice Mayor Glendening reported on the actions of the October 5, 2022 City Council Meeting. 2. Kenai Peninsula Borough Planning – Commissioner Fikes reported on the actions of the October 10, 2022 Kenai Peninsula Borough Planning Meeting. 3. City Administration – Planning Director Mitchell reported on the following: • Planning Department is fully staffed; she and Planning Assistant Karrie Barone both began working with the City within the past few weeks. • Anticipates future work sessions which will look at administrative planning processes and the role of the Commission. • Working on a special project to create a GIS map with parcel data from the adopted Land Management Plan. • Sent out reminders to Conditional Use Permit operators to submit their annual report. • The Planning Department has 11 active applications and 10 open code-enforcement cases. K. ADDITIONAL PUBLIC COMMENTS – None. L. INFORMATION ITEMS – None. M. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting Date: October 26, 2022 Page 5 Planning & Zoning Commission Meeting Page 3 of 3 October 12, 2022 N. COMMISSION COMMENTS & QUESTIONS Commissioner Woodard congratulated the City Council election winners and retirees. Commissioner Askin reported feedback from the public regarding an applicant whose permit had been denied. Congratulated Commissioner Douthit and Vice Mayor Glendening. Commissioner Halstead noted that it had been a privilege working with Commissioners Askin and Douthit, and will be great additions to the City Council; congratulated Vice Mayor Glendening on his retirement. Commissioner Greenberg congratulated the City Council election winners, Planning Director Mitchell and Vice Mayor Glendening. Commissioner Fikes congratulated Vice Mayor Glendening on his retirement, and looks forward to hearing from him in the future. Vice Chair Douthit noted that it will be his last meeting; congratulated Commissioner Askin and Vice Mayor Glendening. Noted that he looks forward to working with Planning Director Mitchell. Chair Twait noted that he is looking forward to filling the Commission vacancies and working with Planning Director Mitchell. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:36 p.m. Minutes prepared and submitted by: ____________________________ Meghan Thibodeau Deputy City Clerk Page 6 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2022-26 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR A TOW YARD. APPLICANT: Jeff Bettis PROPERTY ADDRESS: 310 Airport Way LEGAL DESCRIPTION: Lot 4, Block 5 Cook Inlet Industrial Air Park Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBER: 04322021 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on November 18, 2022; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code 14.20.150; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on December 14, 2022, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; Findings: The proposed use is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates a storage yard is a conditional use; therefore, a conditional use permit may be granted for the operation of a tow yard. The intent of the Central Mixed Use (CMU) zone is to provide a centrally located area in the City for general retail shopping, personal and professional services, entertainment establishments, restaurants and related businesses. While the proposed use does not explicitly conform to the purpose and intent of the CMU zone, it will not alter the principal land use of the area. The proposed use is permitted in the zone with an approved conditional use permit and could be suited for the zone as it was previously used as a tow yard. It is not anticipated that the proposed use would generate more vehicular traffic than by-right permitted uses in the CMU zone. The proposed use provides a centralized location for towing services with anticipated coordination with Kenai Police Department and Alaska State Troopers. Page 7 Resolution No. PZ2022-26 Page 2 of 4 Staff recommends Condition 3, which requires the proposed use to be consistent with the purposes and development requirement of the CMU zone. 2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired; Findings: The economic and noneconomic value of adjacent properties would not be significantly impacted by this change. Most of the surrounding properties are vacant and city-owned. The operation of a tow yard would not significantly impair adjoining property and neighborhood as the previous use was a tow yard. Staff recommends Conditions 4, 5, and 6 to mitigate the potential adverse impacts to the adjoining properties and neighborhood. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Central Commercial land use classification. The Central Commercial Land Use Classification is defined in the Comprehensive Plan: Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are accessible and convenient to both motorists and pedestrians. Central Commercial-type development is particularly desirable in the Townsite Historic District and adjacent core area. Residences may be appropriate among commercial uses in these central areas. Non- commercial uses such as public offices, institutional uses and residences may be appropriate among commercial uses. Central Commercial may also apply at locations that have evolved into new Kenai commercial “centers” that are developed at a small to medium scale. The subject property is on the northern edge of the Central Commercial land use designation bordering the Industrial land use designation and it has not been an area that has developed into a “center” but the proposed use is consistent with the surrounding uses. The subject property is close to ½ acre lot size so it creates a denser scale and provide a centrally convenience location for vehicle pick-ups. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and Implementation”, Goal 3 Land Use specifically addresses strategies to implement a forward-looking approach to community growth and development. Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai. Goal 3 of the Comprehensive Plan is to promote and encourage quality of life in Kenai. Land Use 1: Establish siting and design standards so that development is in harmony and scale with surrounding uses. Land Use 2: Promote the infill of existing, improved subdivision lots. Page 8 Resolution No. PZ2022-26 Page 3 of 4 The identified goals are met with mitigated measure to minimize impacts to the surrounding uses by applying the Conditions 4, 5, and 6 as set forth in the staff recommendation. The proposed use would be on a lot previously used as a tow yard; therefore, reducing the need for clearing and minimizing ground disturbance if this use was proposed at a different location. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: Public services and facilities are available for the lot; however, water and sewer services are not required to serve the proposed use. There is adequate access to/from the property off Airport Way, which is a city maintained road. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: The operation of a tow yard will not be harmful to public safety, health, or welfare. The proposed use has been reviewed by the Building Official and he indicated he does not have any objections or concerns. Towed vehicles will be stored behind a screened chain-linked fence, which would minimize the visual impact on the surrounding area. The conditional use permit is not for any additional activity other than storing of towed vehicles on site. Staff believes the public safety, health or welfare could be maintained by the approval of the request with the conditions set forth in the staff recommendation. 6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: Specific conditions are listed in the above-mentioned criteria. Staff recommends adding Condition 6, regarding signage for business identification and contact information for customers. The sign will provide a means to confirm the business location and provide a contact for the public. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional use permit is granted to Jeff Bettis for a Tow Yard for property described as Lot 4, Block 5 Cook Inlet Industrial Air Park Subdivision, and located at 310 Airport Way. Section 2. That the conditional use permit is subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. Page 9 Resolution No. PZ2022-26 Page 4 of 4 3. No open storage shall be located closer than twenty-five feet (25') to the adjoining right- of-way of any collector street or main thoroughfare. Any open storage in front or side yard visible from a collector street shall be enclosed with an eight-foot (8') high commercial grade fence. 4. No auto repair/service or dismantling shall occur on-site. 5. The applicant shall maintain the tow yard in an orderly manner at all times and clear of debris and junk. 6. The on-street curb parking shall not be used for vehicle storage, queuing of cars for storage, tow truck parking, or customer parking. 7. At least one sign shall be located at the main entrance to the site and contain the name of business and phone number. All signs shall conform to the City’s sign regulations for the designated zone. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 14th day of December, 2022. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 10 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: December 9, 2022 SUBJECT: PZ2022-26 – Conditional Use Permit – Tow Yard Request The applicant is seeking to operate a tow yard on a vacant lot. Staff Recommendation Adopt Resolution PZ2022-26 approving a Conditional Use Permit for the operation of a tow yard. Applicant Jeff Bettis Property Owner City of Kenai Legal Description Lot 4, Block 5 Cook Inlet Industrial Air Park Subdivision Property Address 310 Airport Way KPB Parcel No. 04322021 Lot Size .46 Acres (20,037 square feet) Existing Zoning Central Mixed Use (CMU) Current Use Vacant Land Use Plan Central Commercial SUMMARY The applicant has requested a conditional use permit to allow the storage of towed vehicles on a City-owned parcel. The applicant is not proposing any improvements. The subject property is currently vacant and it was previously used as a tow yard between 2007 and 2018. The property has been vacant since 2018. The applicant stated that the proposed conditional use permit would allow a tow yard at a suitable location for towing service requests by Kenai Police Department and Alaska State Troopers. For customers pick up, the KJ;NAI Page 11 Page 2 of 5 applicant/operator plans to coordinate in advance to ensure a quick transaction or provide off site pick up. The subject property has an existing 6-foot tall chain-linked fence with a 2-foot barbed/razor wire that is screened with slats or a mesh along the perimeter. The only access to the property is off of Airport Way. In order to operate the business on a City-owned property, the applicant must obtain a Special Use Permit or lease the property from the City. At this time, the applicant is pursuing a Special Use Permit contingent on the approval of the conditional use permit. ANALYSIS Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that may be compatible with the designated principal uses in specific zoning districts provided certain conditions are met. Prior to granting a conditional use permit, the Commission shall determine that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits Review Criteria are met. Criteria 1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Findings: The proposed use is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates a storage yard is a conditional use; therefore, a conditional use permit may be granted for the operation of a tow yard. The intent of the Central Mixed Use (CMU) zone is to provide a centrally located area in the City for general retail shopping, personal and professional services, entertainment establishments, restaurants and related businesses. While the proposed use does not explicitly conform to the purpose and intent of the CMU zone, it will not alter the principal land use of the area. The proposed use is permitted in the zone with an approved conditional use permit and could be suited for the zone as it was previously used as a tow yard. It is not anticipated that the proposed use would generate more vehicular traffic than by-right permitted uses in the CMU zone. The proposed use provides a centralized location for towing services with anticipated coordination with Kenai Police Department and Alaska State Troopers. Staff recommends Condition 3, which requires the proposed use to be consistent with the purposes and development requirement of the CMU zone. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Findings: The economic and noneconomic value of adjacent properties would not be significantly impacted by this change. Most of the surrounding properties are vacant and city-owned. The operation of a tow yard would not significantly impair adjoining property and neighborhood as the previous use was a tow yard. Page 12 Page 3 of 5 Surrounding Zoning and Current Use  To the north is zoned Light Industrial (IL) with buildings on gravel that is a city- owned property.  To the west and south is zoned Central Mixed Use (CMU) and is vacant.  To the east is zoned Light Industrial (IL) with a commercial use. Staff recommends Conditions 4, 5, and 6 to mitigate the potential adverse impacts to the adjoining properties and neighborhood. Criteria 3: The proposed use is in harmony with the Comprehensive Plan. Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Central Commercial land use classification. The Central Commercial Land Use Classification is defined in the Comprehensive Plan: Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are accessible and convenient to both motorists and pedestrians. Central Commercial-type development is particularly desirable in the Townsite Historic District and adjacent core area. Residences may be appropriate among commercial uses in these central areas. Non-commercial uses such as public offices, institutional uses and residences may be appropriate among commercial uses. Central Commercial may also apply at locations that have evolved into new Kenai commercial “centers” that are developed at a small to medium scale. The subject property is on the northern edge of the Central Commercial land use designation bordering the Industrial land use designation and it has not been an area that has developed into a “center” but the proposed use is consistent with the surrounding uses. The subject property is close to ½ acre lot size so it creates a denser scale and provide a centrally convenience location for vehicle pick-ups. The identified goals are met with mitigated measure to minimize impacts to the surrounding uses by applying the Conditions 4, 5, and 6 as set forth in the staff recommendation. The proposed use would be on a lot previously used as a tow yard; therefore, reducing the need for clearing and minimizing ground disturbance if this use was proposed at a different location. RELEVENT GOALS In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and Implementation”, Goal 3 Land Use specifically addresses strategies to implement a forward-looking approach to community growth and development. Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai. Goal 3 of the Comprehensive Plan is to promote and encourage quality of life in Kenai. Land Use 1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Land Use 2 Promote the infill of existing, improved subdivision lots. Page 13 Page 4 of 5 Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: Public services and facilities are available for the lot; however, water and sewer services are not required to serve the proposed use. There is adequate access to/from the property off Airport Way, which is a city maintained road. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: The operation of a tow yard will not be harmful to public safety, health, or welfare. The proposed use has been reviewed by the Building Official and he indicated he does not have any objections or concerns. Towed vehicles will be stored behind a screened chain-linked fence, which would minimize the visual impact on the surrounding area. The conditional use permit is not for any additional activity other than storing of towed vehicles on site. Staff believes the public safety, health or welfare could be maintained by the approval of the request with the conditions set forth in the staff recommendation. Criteria 6: Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: Specific conditions are listed in the above-mentioned criteria. Staff recommends adding Condition 6, regarding signage for business identification and contact information for customers. The sign will provide a means to confirm the business location and provide a contact for the public. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use were mailed to property owners within a three hundred-foot (300’) periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. City staff submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use permit request. No public comments have been received. STAFF RECOMMENDATION Staff finds that the proposed use meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2022-26 approving the Conditional Use Permit, subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. Page 14 Page 5 of 5 3. No open storage shall be located closer than twenty-five feet (25') to the adjoining right- of-way of any collector street or main thoroughfare. Any open storage in front or side yard visible from a collector street shall be enclosed with an eight-foot (8') high commercial grade fence. 4. No auto repair/service or dismantling shall occur on-site. 5. The applicant shall maintain the tow yard in an orderly manner at all times and clear of debris and junk. 6. The on-street curb parking shall not be used for vehicle storage, queuing of cars for storage, tow truck parking, or customer parking. 7. At least one sign shall be located at the main entrance to the site and contain the name of business and phone number. All signs shall conform to the City’s sign regulations for the designated zone. ATTACHMENTS Aerial Map Application Page 15 Conditional Use Permit -Towing Storage Yard Lot 4, Block 5 Cook Inlet Industrial Air Park 310 Airport Way K ~ N A I KPB Parcel ID: 04322021 N Map for Reference Only NOT A LEGAL DOCUMENT ! 0~, ~, ~, A. 185 370 740 Feet Zoning ~( -Conservation - Airport Light Industrial ~-~I General Commercial -Central Mixed Use -Light Industrial ___ ! Parcels Page 16 Name: Mailing Address: City: Phone Number(s): Email: Name: Mailing Address: City: Phone Number(s): Email: Conditional Use Permit Application State: Kenai Peninsula Borough Parcel # (Property Tax tD): Legal Description: Zonin_g: Acres: How is this property currently being used? Conditional Use Requested for (attach additional sheets if necessary: v11y UI l'"\.t::I ldl Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 planning@kenai.city www.kenai.city/planning Zip Code: Zip Code: -~: c) ~ D~ rs ,rez.,,af}-;y cA-1 -~ +..., r ~~ -.,,-' +tts ~ .... ~ .-J-k_ ~J:,r-':K 1/ Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: Page 17 . . , .. ----· --·. --· ·-·· •.::, J""' -r--· .. , . ·-· .... Use of surrounding property • south: Use of surrounding property -east: Use of surrounding property -west: Explain how the conditional use is in harmony with the City's Comprehensive Plan: ... rr ( ~l'fo't}, lo·ec l lC,.,\..J ,<: ~~~ e;e . ...A -#e Ce,...,,t-,q, ( ~~'... t,,.,.{{ l.,e ~-~ I:" ... lc:.cer' ; I ) ~ r V'd "'J.f t__ lee.~ ,./v-ol"? tqfc.l4e.tl \"" 4e ..... o,_,· J Are public services and facilities on the property adequate to serve the proposed conditional use? Y c r -Alo t.-1e1h ~ ... Cyf7c "~ Explain how the conditional use will not be harmful to public safety, health, or welfare: l"'e-r~\r 5 tt, r't/ (._ Are there any measures with access, screening, site development, building design, or business operation that will lessen potential impacts of the conditional use to neighbors? AUTHORITY TO APPLY FOR CONDITIONAL USE: I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I petition for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. I understand that payment of the application fee is nonrefundable and is to cover the costs associated with processing this application, and that it does not assure approval of the conditional use. I also understand that assigned hearing dates are tentative and may have to be postponed by Planning Department staff of the Planning and Zoning Commission for administrative reasons. I understand that a site visit may be required to process this application. City of Kenai personnel are authorized to access the above-referenced property for the purpose of processing this application. Signature: r I Date: I lo-~ ,-z '2.. Print Name: Je+f-11,ffj J I Title/Business: I P1o1 ow -o WINa.r / op ~,/,r Date Application Fee Received: ll/lt /2.2 O(nt For City Use Only PZ Resolution Number: /Ji201."2 -2~ Page 18 Kenai City Council - Regular Meeting Page 1 of 3 October 19, 2022 Kenai City Council - Regular Meeting October 19, 2022 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 3** www.kenai.city Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. RESULTS OF 10/4/2022 ELECTION CERTIFIED. Certification of the October 4, 2022 Election Results a. Swearing in of Elected Officials. (The term of office for those elected during the October 4, 2022 Regular Election begins on Monday, October 24, 2022.) 4. Agenda Approval 5. 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. 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) 2. ENACTED WITHOUT OBJECTION. 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) 3. ADOPTED WITHOUT OBJECTION. Resolution No. 2022-73 - Authorizing a Construction Contract Award for the Kenai Fire Department (KFD) Flooring Replacement Project. (Administration) E. MINUTES 1. *Regular Meeting of October 5, 2022. (City Clerk) Page 19 Kenai City Council - Regular Meeting Page 2 of 3 October 19, 2022 F. UNFINISHED BUSINESS 1. POSTPONED INDEFINITELY. 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 October 5, 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. *Ordinance No. 3320-2022 - Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Area-Wide Senior Thanksgiving Dinner. (Administration) 3. 12/7/2022 CITY COUNCIL MEETING CANCELLED. Discussion - Cancelling the December 7, 2022 City Council Meeting to Allow for Council Member Travel to Alaska Municipal League Conference. (Knackstedt) 4. Discussion – Supervisory Subcommittee Report on City Manager Recruitment. (Gabriel) 5. JOINT WORK SESSION WITH KENAITZE INDIAN TRIBE SCHEDULED FOR 11/2/2022. Discussion – Scheduling a Work Session with the Kenaitze Indian Tribe. (Administration) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION M. PENDING ITEMS N. ADJOURNMENT Page 20 Kenai City Council - Regular Meeting Page 3 of 3 October 19, 2022 O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000. 2. Kenaitze Indian Tribe Donation Letter 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/81157086559 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 811 5708 6559 Passcode: 683100 Meeting ID: 811 5708 6559 Passcode: 683100 Page 21 Kenai City Council - Regular Meeting Page 1 of 3 November 02, 2022 Kenai City Council - Regular Meeting November 02, 2022 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 3** www.kenai.city Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. COUNCIL MEMBER JAMES BAISDEN ELECTED AS VICE MAYOR. Election of Vice Mayor 5. 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 UNANIMOUSLY. Ordinance No. 3320-2022 - Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Area-Wide Senior Thanksgiving Dinner. (Administration) 2. ADOPTED UNANIMOUSLY. Resolution No. 2022-74 - Establishing Dates for Regular Meetings of the City Council for 2023. (City Clerk) E. MINUTES 1. *Regular Meeting of October 19, 2022. (City Clerk) F. UNFINISHED BUSINESS G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Granting a Utility Easement to Homer Electric Association, Inc. within Lot 2, Block 5, General Aviation Apron Subdivision No. 1 Amended. (Administration) Page 22 Kenai City Council - Regular Meeting Page 2 of 3 November 02, 2022 3. APPROVED UNANIMOUSLY, AND COUNCIL MEMBER KNACKSTEDT APPOINTED TO SUPERVISORY SUBCOMMITTEE. Action/Approval - Mayoral Liaison Nominations for Appointment to Committees and Commissions. (Mayor Gabriel) 4. GLENESE PETTEY APPOINTED TO COUNCIL ON AGING. Action/Approval - Confirmation of Mayoral Nomination for Appointment to the Council on Aging. (Mayor Gabriel) 5. JIM GLENDENING AND JOHN COSTON APPOINTED TO THE PLANNING & ZONING COMMISSION. Action/Approval - Confirmation of Mayoral Nominations for Partial Term Appointments to the Planning and Zoning Commission. (Mayor Gabriel) 6. DIANE FIKES AND JOHN COSTON REAPPOINTED TO THE PLANNING & ZONING COMMISSION. Action/Approval - Confirmation of Mayoral Nominations for Appointments to the Planning and Zoning Commission for Terms Beginning January 1, 2023. (Mayor Gabriel) 7. AUTHORITY GIVEN TO SUBCOMMITTEE TO RANK CANDIDATES. Discussion - Employee Subcommittee Report on City Manager Recruitment. (Mayor Gabriel) 8. JOINT WORK SESSION SCHEDULED FOR JANUARY 4, 2023. Discussion - Rescheduling Joint Work Session with Kenaitze Indian Tribe. (Administration) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION 1. Review and Discussion of City Manager Interview Questions and Applicant Selection Process. [AS 44.62.310(C)(3) matters which by law, municipal charter, or ordinance are required to be confidential.] M. PENDING ITEMS N. ADJOURNMENT Page 23 Kenai City Council - Regular Meeting Page 3 of 3 November 02, 2022 O. INFORMATION ITEMS 1. DNR Notice of Public Scoping for Possible Regulations Regarding Derelict Vessels 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/83068382906 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 830 6838 2906 Passcode: 438748 Meeting ID: 830 6838 2906 Passcode: 438748 Page 24 Kenai City Council - Regular Meeting Page 1 of 3 November 16, 2022 Kenai City Council - Regular Meeting November 16, 2022 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 3** www.kenai.city Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. 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. ADOPTED UNANIMOUSLY. Resolution No. 2022-75 - Authorizing the Purchase of Real Property Described as Lot 7, Block 19, Original Townsite of Kenai, Located Within Section 5, T5N, R22W, Seward Meridian, and Designated as Kenai Peninsula Borough Parcel Number 04710307 From Julian Errea et al. and Dan Hilderbrand, for the Public Purpose of Including the Property in the Bluff Erosion Restoration Project and Determining that the Public Interest Will Not be Served by an Appraisal. (Administration) (7 Yes, 0 No) 2. ADOPTED AS AMENDED UNANIMOUSLY. Resolution No. 2022-76 - Authorizing a Contract for Employee Health Care Effective January 1, 2023. (Administration) (7 Yes, 0 No) 3. ADOPTED UNANIMOUSLY. Resolution No. 2022-77 - Authorizing the Sole Source Purchase of a Team Eagle Edge-Lite Runway Edge Light Cleaner Attachment from BSI Equipment LLC for the Kenai Municipal Airport Through the Federal Aviation Administration Airport Improvement Program Grant No. 3-02-0142-072-2022 and Issuance of a Purchase Order. (Administration) (7 Yes, 0 No) E. MINUTES 1. *Regular Meeting of November 2, 2022. (City Clerk) F. UNFINISHED BUSINESS Page 25 Kenai City Council - Regular Meeting Page 2 of 3 November 16, 2022 G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Non-Objection to Liquor License Renewal for Playa Azul. (City Clerk) 3. *Ordinance No. 3321-2022 - Repealing Kenai Municipal Code Sections 13.30.030- Night Parking Prohibited, 13.30.050- Signs Bearing the Legend, and 13.30.100- Parking Prohibited on Kenai Avenue, and Reenacting and Renaming Kenai Municipal Code 13.30.030- Street Parking Prohibitions, to Allow Greater Flexibility in Regulating Street Parking in the City. (Legal) 4. *Ordinance No. 3322-2022 - Increasing Estimated Revenues and Appropriations in the General Fund for Costs in Excess of Budgeted Amounts for Public Works Street Lighting Repairs and Maintenance. (Administration) 5. *Ordinance No. 3323-2022 - Accepting and Appropriating Grants from the U.S. Department of Homeland Security Passed Through the State of Alaska Department of Military and Veterans’ Affairs for the Purchases of Public Safety Radios, Police In-Car Video Systems, and a Cyber Security Assessment. (Administration) 6. JOHN COSTON UNANIMOUSLY APPOINTED. Action/Approval – Confirmation of Mayoral Nomination for Appointment to the Harbor Commission. (Mayor Gabriel) (7 Yes, 0 No) 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 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. Race Across Alaska Winter Challenge (RAAWC) Invite Page 26 Kenai City Council - Regular Meeting Page 3 of 3 November 16, 2022 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/89664559311 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 896 6455 9311 Passcode: 290589 Meeting ID: 896 6455 9311 Passcode: 290589 Page 27 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 24, 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 10/21/2022 Page 28 October 24, 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. Arrowhead Estates 2022 Replat; KPB File 2022-001 b. Bryson Subdivision; KPB File 2020-089 c. Kinder Subdivision; KPB File 2021-079 d. Seldovia Townsite East Addn Watson 2021 Replat; KPB File 2021-148 e. Smurfy Acres 2022 Replat; KPB File 2022-080 f. The Business Center Subd 2022 Replat; KPB File 2022-039 KPB-4688 C3. Admin ApprovalsAttachments: 4. Plats Granted Final Approval (KPB 20.10.040) a. Trotter Subdivision Rill River Replat; KPB File 2022-102KPB-4689 C4. Final ApprovalsAttachments: 5. Plat Amendment Request 6. Commissioner Excused Absences Page 2 Printed on 10/21/2022 Page 29 October 24, 2022Planning Commission Meeting Agenda 7. Minutes October 10, 2022 Planning Commission Meeting MinutesKPB-4690 C7. 101022 PC MinutesAttachments: D. OLD BUSINESS E. NEW BUSINESS Building Setback Encroachment Permit; KPB File 2022-121 Lot 10, Lake Estates Subdivision; Plat KN K-1648 PC RES 2022-46 KPB-46911. E1. BSEP_ Lot 10 Lake Estates Subdivision_PacketAttachments: Utility Easement Vacation: KPB File 2022-148V Lots 2A-1 & 2B-1 of Seldovia Townsite East Addition 2006 Replat PC Resolution 2022-47 KPB-46922. E2. UEV_Seldovia Townsite East Addition 2006 Replat_PacketAttachments: Resolution 2022-054: Approving the acquisition of a public access easement from the State of Alaska for Watermelon Trail. KPB-46933. E3. RES 2022-XX_ Public Access Easement Acquisition E3. Desk Packet_PC Attachments: F. PLAT COMMITTEE REPORT G. OTHER October 24, 2022 Director's ReportKPB-4694 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 NO ACTION REQUIRED Page 3 Printed on 10/21/2022 Page 30 October 24, 2022Planning Commission Meeting Agenda Hope/Sunrise APC 10/5/22 Meeting Minutes Cooper Landing APC 10/5/22 Meeting Minutes KPB-4704 MISC_PCAttachments: NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, November 14, 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 10/21/2022 Page 31 Plat Committee Kenai Peninsula Borough Meeting Agenda 144 North Binkley Street Soldotna, AK 99669 Betty J. Glick Assembly Chambers6:00 PMMonday, October 24, 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 10/18/2022 Page 32 October 24, 2022Plat Committee Meeting Agenda 1. Agenda 2. Member / Alternate Excused Absences 3. Minutes October 10, 2022 Plat Committee Meeting MinutesKPB-4695 C. 101022 Plat Committee Meeting MinutesAttachments: D. OLD BUSINESS E. NEW BUSINESS North Subdivision AHO Replat; KPB File 2022-152KPB-46961. E1. North 20 Sub AHO Replat_PacketAttachments: Birch Forest No. 3; KPB File 2022-151KPB-46972. E2. Birch Forest No. 3_PacketAttachments: R Subdivision; KPB File 2022-091R1KPB-46983. E3. R Subdivision_PacketAttachments: Red Boat Subdivision; KPB File 2022-150KPB-46994. E4. Red Boat Subdivision_PacketAttachments: D & J Subdivision Burt Addition 2022 Replat; KPB File 2022-145KPB-47005. E5. D&J Sub Burt Addition 2022 Replat_PacketAttachments: Grouse Creek Subdivision 2022 Addition; KPB File 2022-022R1KPB-47016. E6 Grouse Creek Sub 2022 Addition_PacketAttachments: KMD Subdivision 2022 Addition; KPB File 2022-146KPB-47027. E7. K.M.D. Subdivision 2022 Addition_PacketAttachments: Waldron-Engle Subdivision; KPB File 2022-147KPB-47038. E8. Waldron-Engle 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 10/18/2022 Page 33 October 24, 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, November 14, 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 10/18/2022 Page 34 Plat Committee Kenai Peninsula Borough Meeting Agenda 144 North Binkley Street Soldotna, AK 99669 Betty J. Glick Assembly Chambers6:00 PMMonday, December 12, 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 12/5/2022 Page 35 December 12, 2022Plat Committee Meeting Agenda 1. Agenda 2. Member / Alternate Excused Absences 3. Minutes November 14, 2022 Plat Committee Meeting MinutesKPB-4788 C3. 111422 Plat Committee MinutesAttachments: D. OLD BUSINESS E. NEW BUSINESS Gateway Subdivision 2022 Lindquist Addition; KPB File 2022-164KPB-47891. E1. Gateway Sub 2022 Lindquist Addn_PacketAttachments: Homer One Swan Cove Addition 2022 Replat; KPB File 2022-165KPB-47902. E2. Homer One Swan Cove Addn 2022 Replat_PacketAttachments: McCall Subdivision 2022 Replat; KPB File 2022-166KPB-47913. E3. McCall Sub 2022 Replat_PacketAttachments: Pace's Pleasant Haven 2022 Replat; KPB File 2022-168KPB-47924. E4. Pace's Pleasant Haven 2022 Replat_PacketAttachments: Razdolna 2023 Replat Lot 10-D-2; KPB File 2022-163KPB-47935. E5. Razdolna 2023 Replat Lot 10-D-2_PacketAttachments: Tera Firma Subdivision Johnson Addition; KPB File 2022-171KPB-47946. E6. Terra Firma Sub Johnson Addn_PacketAttachments: Petaluma Acres Koonz Addition; KPB File 2022-173KPB-47957. E7. Petaluma Acres Koonz Addn_PacketAttachments: Thorsland Subdivision Addition No. 1; KPB File 2022-069R1KPB-47968. E8. Thorsland Subdivision Addn. No. 1_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 12/5/2022 Page 36 December 12, 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, January 9, 2023 at 5:30 P.M. The Plat Committee meeting will not be physically open to the public. The meeting will be held via Zoom. The Plat Committee and staff will be attending via Zoom. 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 12/5/2022 Page 37 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, December 12, 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 12/2/2022 Page 38 December 12, 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. Barker Subdivision #2, KPB File 2021-055 b. Coles Corner No. 3; KPB File 2022-052 c. Eker Estates Lujan 2022 Replat; KPB File 2022-045 d. Kachemak Vista Subdivision; KPB File 2021-023 e. Kachemak Wilderness Avrams Replat Phase 1; KPB File 2021-165P1 f. Katamar Subdivision 2022; KPB File 2022-020 g. Kenaitze Government Lots Replat; KPB File 2022-009 h. Kustatan Estates TKC Addition; KPB File 2021-140 i. Moose Acres; KPB File 2022-087 j. Mott’s Subdivision 2022 Addition; KPB File 2022-059 k. Pipers Haven Unit 3 2021 Replat; KPB File 2021-115 l. Saddle Ridge subdivision 2022 Replat; KPB File 2022-036 KPB-4782 C3. Admin Approvals_PacketAttachments: 4. Plats Granted Final Approval (KPB 20.10.040) 5. Plat Amendment Request Page 2 Printed on 12/2/2022 Page 39 December 12, 2022Planning Commission Meeting Agenda 6. Commissioner Excused Absences 7. Minutes November 14, 2022 Planning Commission Meeting MinutesKPB-4783 C7. 11-14-22 PC Meeting MinutesAttachments: D. OLD BUSINESS E. NEW BUSINESS Utility Easement Vacation; KPB 2022-169V Johnson Surveying / Martinez Request: Vacate entire 10’ utility easement along the west boundary of Lot 4, Block 2, Bruhn Subdivision, Plat KN 86-143 Location: Sterling Area KPB-47841. E1. UEV_Bruhn Sub_PacketAttachments: Right-Of-Way Vacation; KPB File 2022-172V Johnson Surveying / Ancient Basements, LLC Request: Vacate a 2’ X 222.78’ portion of an alley located between Mission Ave. & Bayview Street as dedicated on USS 3036 HM 65-55 Location: Ninilchik Area KPB-47852. E2. ROWV_Mission Ave-Bayview St_PacketAttachments: Ordinance 2022-XX: Authorizing a subsurface oil & gas lease at twelve & one-half percent (12.50%) royalty to Hilcorp Alaska, LLC, in the Ninilchik Unit under Township 03 South, Range 14 West, Seward Meridian, Section 30, in the North 2/5 of Govt Lot 1 Lying East of the Sterling Highway Right-Of-Way KPB-47863. E3. ORD_Hilcorp Lease_PacketAttachments: F. PLAT COMMITTEE REPORT G. OTHER H. PUBLIC COMMENT/PRESENTATION (Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per speaker unless previous arrangements are made) I. DIRECTOR'S COMMENTS Page 3 Printed on 12/2/2022 Page 40 December 12, 2022Planning Commission Meeting Agenda J. COMMISSIONER COMMENTS K. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED KPB-4787 NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, January 9, 2023 at 7:30 P.M. The Planning Commission meeting will not be physically open to the public. The meeting will be held via Zoom. The Planning Commission and staff will be attending via Zoom. 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 12/2/2022 Page 41 MEMORANDUM TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: December 9, 2022 SUBJECT: Code Enforcement – November 2022 Monthly Report Planning and Zoning received 1 new complaint in December for a cumulative total of 16 open cases. Planning staff conducted a total of 10 site visits that included follow-up visits to verify compliance and closed 8 cases. Violations No. of Open Cases Carried Over New Closed By Types Abandoned Structure(s) 0 0 0 0 Abandoned Vehicle(s) 1 2 0 1 Building (e.g., as-built, damaged or decayed) 2 4 0 1 Conditional Use Permit 2 0 0 1 Junk and/or Refuse 7 4 0 4 Junk Vehicle(s) 2 9 0 0 Livestock 1 3 1 1 Signs 0 0 0 0 Recreational Vehicle(s) 0 0 0 0 Zoning (e.g., structures, setbacks, use) 1 3 0 0 Total 16 25 1 8 Page 42 Page 2 of 2 Before and After Highlight List of Open Cases Property Address Date of Complaint Type of Violation 110 Aleene Way 5/4/2022 Junk and/or Refuse 5264 Kenai Spur Hwy 5/12/2022 Junk and/or Refuse 508 Hemlock Avenue 5/13/2022 Junk and/or Refuse 9168 Kenai Spur Hwy 5/16/2022 Junk and/or Refuse 311 Linwood Lane 6/17/2022 Junk and/or Refuse 8195 Kenai Spur Hwy 8/18/2022 Junk and/or Refuse 1715 Fourth Avenue 8/25/2022 Junk and/or Refuse 4215 N Lupine Drive 8/31/2022 Chickens 1009 Second Avenue 8/12/2022 Use 107 Tern Avenue 10/20/2022 Building Violation 305 Sterling Court 10/20/2022 Building Violation 700 Cypress Drive 10/24/2022 Junk Vehicle(s) 1616 Tanaga Avenue 10/25/2022 Junk Vehicle(s) 345 Dolchok Lane 10/28/2022 Zoning 312 Aspen Street 10/26/2022 Abandoned Vehicle(s) 1188 Kenai Spur Hwy 11/17/2022 Use Page 43 DECEMBER 14, 2022 PLANNING & ZONING COMMISSION ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET ACTION ITEM REQUESTED BY PAGE Add to Item F.1. Resolution PZ2022-26 Amendment Memo Planning Director 2 Revised Resolution Planning Director 3 Public Comment Planning Director 7 Add to Item J.3 City Administration Report Updated November Code Enforcement Report Planning Director 9 1 MEMORANDUM TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: December 14, 2022 SUBJECT: Resolution PZ2022-26 Requested Amendment For compliance with the National Fire Protection Association (NFPA) codes and standards, the Fire Department has recommended the following condition be added to Resolution PZ2022-26. Electrical vehicles (EVs) shall be stored at least 50 feet from property lines. The following amendment is respectfully requested. Motion Thank you for your consideration. Move to add an 8th condition to read as follows: 8. Electrical vehicles (EVs) shall be stored at least 50 feet from property lines. 2 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2022-26 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR A TOW YARD. APPLICANT: Jeff Bettis PROPERTY ADDRESS: 310 Airport Way LEGAL DESCRIPTION: Lot 4, Block 5 Cook Inlet Industrial Air Park Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBER: 04322021 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on November 18, 2022; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code 14.20.150; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on December 14, 2022, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; Findings: The proposed use is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates a storage yard is a conditional use; therefore, a conditional use permit may be granted for the operation of a tow yard. The intent of the Central Mixed Use (CMU) zone is to provide a centrally located area in the City for general retail shopping, personal and professional services, entertainment establishments, restaurants and related businesses. While the proposed use does not explicitly conform to the purpose and intent of the CMU zone, it will not alter the principal land use of the area. The proposed use is permitted in the zone with an approved conditional use permit and could be suited for the zone as it was previously used as a tow yard. It is not anticipated that the proposed use would generate more vehicular traffic than by-right permitted uses in the CMU zone. The proposed use provides a centralized location for towing services with anticipated coordination with Kenai Police Department and Alaska State Troopers. 3 Resolution No. PZ2022-26 Page 2 of 4 Staff recommends Condition 3, which requires the proposed use to be consistent with the purposes and development requirement of the CMU zone. 2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired; Findings: The economic and noneconomic value of adjacent properties would not be significantly impacted by this change. Most of the surrounding properties are vacant and city-owned. The operation of a tow yard would not significantly impair adjoining property and neighborhood as the previous use was a tow yard. Staff recommends Conditions 4, 5, and 6 to mitigate the potential adverse impacts to the adjoining properties and neighborhood. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Central Commercial land use classification. The Central Commercial Land Use Classification is defined in the Comprehensive Plan: Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are accessible and convenient to both motorists and pedestrians. Central Commercial-type development is particularly desirable in the Townsite Historic District and adjacent core area. Residences may be appropriate among commercial uses in these central areas. Non- commercial uses such as public offices, institutional uses and residences may be appropriate among commercial uses. Central Commercial may also apply at locations that have evolved into new Kenai commercial “centers” that are developed at a small to medium scale. The subject property is on the northern edge of the Central Commercial land use designation bordering the Industrial land use designation and it has not been an area that has developed into a “center” but the proposed use is consistent with the surrounding uses. The subject property is close to ½ acre lot size so it creates a denser scale and provide a centrally convenience location for vehicle pick-ups. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and Implementation”, Goal 3 Land Use specifically addresses strategies to implement a forward-looking approach to community growth and development. Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai. Goal 3 of the Comprehensive Plan is to promote and encourage quality of life in Kenai. Land Use 1: Establish siting and design standards so that development is in harmony and scale with surrounding uses. Land Use 2: Promote the infill of existing, improved subdivision lots. 4 Resolution No. PZ2022-26 Page 3 of 4 The identified goals are met with mitigated measure to minimize impacts to the surrounding uses by applying the Conditions 4, 5, and 6 as set forth in the staff recommendation. The proposed use would be on a lot previously used as a tow yard; therefore, reducing the need for clearing and minimizing ground disturbance if this use was proposed at a different location. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: Public services and facilities are available for the lot; however, water and sewer services are not required to serve the proposed use. There is adequate access to/from the property off Airport Way, which is a city maintained road. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: The operation of a tow yard will not be harmful to public safety, health, or welfare. The proposed use has been reviewed by the Building Official and he indicated he does not have any objections or concerns. Towed vehicles will be stored behind a screened chain-linked fence, which would minimize the visual impact on the surrounding area. The conditional use permit is not for any additional activity other than storing of towed vehicles on site. Staff believes the public safety, health or welfare could be maintained by the approval of the request with the conditions set forth in the staff recommendation. 6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: Specific conditions are listed in the above-mentioned criteria. Staff recommends adding Condition 7, regarding signage for business identification and contact information for customers. The sign will provide a means to confirm the business location and provide a contact for the public. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional use permit is granted to Jeff Bettis for a Tow Yard for property described as Lot 4, Block 5 Cook Inlet Industrial Air Park Subdivision, and located at 310 Airport Way. Section 2. That the conditional use permit is subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. 5 Resolution No. PZ2022-26 Page 4 of 4 3. No open storage shall be located closer than twenty-five feet (25') to the adjoining right- of-way of any collector street or main thoroughfare. Any open storage in front or side yard visible from a collector street shall be enclosed with an eight-foot (8') high commercial grade fence. 4. No auto repair/service or dismantling shall occur on-site. 5. The applicant shall maintain the tow yard in an orderly manner at all times and clear of debris and junk. 6. The on-street curb parking shall not be used for vehicle storage, queuing of cars for storage, tow truck parking, or customer parking. 7. At least one sign shall be located at the main entrance to the site and contain the name of business and phone number. All signs shall conform to the City’s sign regulations for the designated zone. 8. Electrical vehicles (EVs) shall be stored at least 50 feet from property lines. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 14th day of December, 2022. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk 6 From:k.morin To:City of Kenai Planning Department Subject:Written Comments for Hearing 12/14/22 Date:Monday, December 12, 2022 7:06:59 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. To; City of Kenai Planning and Zoning Commission Re: Conditional Use Permit for 310 Airport Way Boro Parcel 04322021 From: Kevin Morin (owner of) 300 Airport Way, KPB Parcel 04322022 114 Paula St. Kenai, 99611 cellular 907 398 3082 To the Planning and Zoning Commission, I own the adjacent parcel of land located to the East & South of City Lot listed above. I do not object to the Conditional Use Permit or for the City to lease the lot in question to an auto towing and storage company. I will note several items for the Commission’s consideration in this Lease. 1. The land has existing drainage plumes of various automotive hydrocarbon fluids draining under my parcel at 300 Airport Way (E&S) and into the drainage waterway East & South of both lots. The City’s lot has many oil spills around its perimeter that were not cleaned up during or after the occupancy of the previous leaseholders. The City may incur some future clean-up liability if the wrecked automobiles stored on this lot in the future have no provision for either clean-up of hydrocarbons released during storage on open gravel OR some provision by the lessee to contain such releases on plastic containment apparatus. I had the land along the old military drainage ditch inspected by an Engineering firm who notes all these facts in their report on the land’s potential for pollution liability. At this time, there is no expected higher stage inspection or remediation planned; as near as I know? 2. The two lots are separated on the adjoining lot line running from Airport Way to the City’s storage lot to the N & E; by the remnants of a chain link fence. The fence is in disrepair and should be inspected. The fence has been in disrepair at the NE end since car owners of vehicles the previous lessee held on this lot, damaged and pulled down that end of the fence nearest my shed along the N/E lot line with the City. This fence damage is not visible from the Airport Way but is evident by viewing the fence from the N/E end of my storage container, set parallel to the fence line. Approximately one half of the fence closest to Airport Way is not supported very well by the fence posts due to both snow storage (from plowing) and moose climbing the snow berm to get over the fence to feed on the unbrowsed willow growing in the City’s lot. If the lessee intends to store impounded vehicles (?) it may be necessary to renew the fencing otherwise vehicle owners may again breach this fence to seek access to the contents of their stored vehicles as was common for 15 years of the last lessee’s occupancy. This passed practice constantly set off motion sensors and alarms on the property in the 7 past. In order to avoid a repeat of this constant nuisance, and enforce any custodial issues with any vehicle parked on the City’s leased lot: I believe it would behoove the City and Lessee to re-construct the E/SE lot line fence. Sincerely, Kevin Morin 8 MEMORANDUM TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: December 9, 2022 SUBJECT: Code Enforcement – November 2022 Monthly Report Planning and Zoning received 1 new complaint in November for a cumulative total of 16 open cases. Planning staff conducted a total of 10 site visits that included follow-up visits to verify compliance and closed 10 cases. Violations No. of Open Cases Carried Over New Closed By Types Abandoned Structure(s) 0 0 0 0 Abandoned Vehicle(s) 1 2 0 1 Building (e.g., as-built, damaged or decayed) 3 4 0 1 Conditional Use Permit 0 0 0 0 Junk and/or Refuse 4 4 0 0 Junk Vehicle(s) 5 9 0 4 Livestock 1 3 0 2 Signs 0 0 0 0 Recreational Vehicle(s) 0 0 0 0 Zoning (e.g., structures, setbacks, use) 2 3 1 2 Total 16 25 1 10 9 Page 2 of 2 Before and After Highlight List of Open Cases Property Address Date of Complaint Type of Violation 110 Aleene Way 5/4/2022 Junk Vehicle; Junk and/or Refuse 5264 Kenai Spur Hwy 5/12/2022 Junk and/or Refuse 508 Hemlock Avenue 5/13/2022 Junk and/or Refuse 9168 Kenai Spur Hwy 5/16/2022 Junk Vehicle; Junk and/or Refuse 311 Linwood Lane 6/17/2022 Junk and/or Refuse 8195 Kenai Spur Hwy 8/18/2022 Junk and/or Refuse 1715 Fourth Avenue 8/25/2022 Junk Vehicle; Junk and/or Refuse 4215 N Lupine Drive 8/31/2022 Chickens 1009 Second Avenue 8/12/2022 Zoning 107 Tern Avenue 10/20/2022 Building 305 Sterling Court 10/20/2022 Building 700 Cypress Drive 10/24/2022 Junk Vehicle(s) 1616 Tanaga Avenue 10/25/2022 Junk Vehicle(s) 345 Dolchok Lane 10/28/2022 Building 312 Aspen Street 10/26/2022 Abandoned Vehicle(s) 1188 Kenai Spur Hwy 11/17/2022 Zoning 10 PLANNING & ZONING COMMISSION Resolution PZ2022-26 –Conditional Use Permit –Tow Yard 310 Airport Way December 14, 2022 310 Airport Way –Lot 4, Block 5 Cook Inlet Industrial Air Park Subdivision Summary Current Use Vacant Zoning Central Mixed Use (CMU) Land Use Designation Central Commercial Lot Size .46 acre (20,037 square feet) Surrounding Uses North City-owned buildings South Vacant West Vacant East Commercial KMC 14.20.150(e) Conditional Use Permit Review Criteria STAFF ANALYSIS Criteria 1 The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Met with Conditions Criteria 2 The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired.Met with Conditions Criteria 3 The proposed use is in harmony with the Comprehensive Plan.Met with Conditions Criteria 4 Public services and facilities are adequate to serve the proposed use.Met Criteria 5 The proposed use will not be harmful to the public safety, health or welfare.Met with Conditions Criteria 6 Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Met with Conditions Staff Recommendation Adopt the amended Resolution PZ2022-26 approving a Conditional Use Permit for the operation of a tow yard subject to the listed conditions. PLANNING & ZONING COMMISSION Resolution PZ2022-26 –Conditional Use Permit –Tow Yard 310 Airport Way December 14, 2022 Conditions 1.Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2.Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. 3.No open storage shall be located closer than twenty-five feet (25') to the adjoining right-of -way of any collector street or main thoroughfare. Any open storage in front or side yard visible from a collector street shall be enclosed with an eight- foot (8') high commercial grade fence. 4.No auto repair/service or dismantling shall occur on-site. 5.The applicant shall maintain the tow yard in an orderly manner at all times and clear of debris and junk. 6.The on-street curb parking shall not be used for vehicle storage, queuing of cars for storage, tow truck parking, or customer parking. 7.At least one sign shall be located at the main entrance to the site and contain the name of business and phone number. All signs shall conform to the City’s sign regulations for the designated zone. 8.Electrical vehicles (EVs) shall be stored at least 50 feet from property lines.