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HomeMy WebLinkAbout2023-03-22 Planning & Zoning Packet• / Kenai Planning & Zoning Commission - Regular Meeting March 22, 2023 — 7:00 PM KFNA I Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 5. *Excused Absences *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES *Regular Meeting of February 22, 2023 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 Resolution PZ2023-06 — Recommending Approval for Preliminary Plat — Baron Park Triumvirate Addition to Subdivide Tract 4A of Baron Park 2020 Replat into Two (2) Lots. F. PUBLIC HEARINGS Resolution PZ2023-04 - Granting a Conditional Use Permit to Allow Lodging on the Property Located 1035 Angler Drive (Parcel ID: 04939036) in the Rural Residential (RR) Zoning District. Resolution PZ2023-05 - Granting an Amendment to a Conditional Permit for the Expansion of the Assisted Living Facility on the Property Located at 701 N. Forest Drive (Parcel ID: 04321030) in the Suburban Residential (RS) Zoning District. Kenai Planning & Zoning Commission - F Page 1 of 2 Meeting March 22, 2023 Page 1 G. UNFINISHED BUSINESS H. NEW BUSINESS 1. Action/Approval - Recommending City Council Approval of the Student Representative Policy No. 20.100. 2. Action/Approval - Recommending City Council Approval of Amendments to the City Council Procedures for Commissions, Committees and Council on Aging Policy No. 2016- 01. 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: April 12, 2023 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/89510299512 Meeting ID: 895 1029 9512 Passcode: 132719 Kenai Planning & Zoning Commission - F Meeting March 22, 2023 Page 2 of 2 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 895 1029 9512 Passcode: 132719 Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 22, 2023 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR JEFF TWAIT, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on February 22, 2023, 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, G. Woodard, J. Glendening, D. Fikes, J. Coston, J. Halstead Commissioners absent: G. Greenberg Staff/Council Liaison present: Planning Director L. Mitchell, Council Member V. Askin, Deputy Clerk M. Thibodeau, City Attorney S. Bloom, Chief Animal Control Officer J. Hendrickson A quorum was present. 3. Agenda Approval Chair Twait noted the following revisions to the agenda and packet: ACTION ITEM Add to item F.2 Action/Approval — Recommendation for Ordinance No. 3332-2023 Public Comment MOTION: Vice Chair Halstead MOVED to approve the agenda with the requested revisions. Commissioner Coston SECONDED the motion. There being no objection; SO ORDERED. 4. Consent Agenda MOTION: Vice Chair 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 — G. Greenberg Planning & Zoning Commission Meeting Pag February 22, 2023 Page 3 B. APPROVAL OF MINUTES 1. *Regular Meeting of January 25, 2023 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS — None. D. UNSCHEDULED PUBLIC COMMENTS — None. E. CONSIDERATION OF PLATS 1. Resolution PZ2023-03 — Recommending Approval for Preliminary Plat — Janousek Subdivision 2023 Replat to Consolidate Lots 2 and 3, of Janousek Subdivision into one (1) lot. Commissioner Woodard MOVED to adopt Resolution PZ2023-03. Vice Chair Halstead SECONDED the motion. Planning Director Mitchell presented her staff report with information provided in the packet explaining that the applicant is requesting to consolidate two lots in order to have a detached garage on a lot that is currently vacant. Zoning and uses of surrounding lots were reviewed; staff recommended forwarding an approval of the plat to Kenai Peninsula Borough. Recommendation of approval was expressed, and it was noted that it would be a good use for the lot. VOTE: YEA: Halstead, Fikes, Woodard, Coston, Glendening, Twait NAY: None. MOTION PASSED UNANIMOUSLY. F. PUBLIC HEARINGS 1. Resolution PZ2023-02 — Granting a Variance Permit to Allow Additional Signage on the Properties Located at 508 Upland Street and 1000 Mission Avenue (Parcel IDs: 04707134 and 04707136) in the Townsite Historic (TSH) Zoning District. MOTION: Vice Chair Halstead MOVED to adopt Resolution PZ2023-02. Commissioner Coston SECONDED the motion. Planning Director Mitchell presented her staff report with information provided in the packet explaining that the applicant is requesting a variance permit to obtain relief from the sign ordinance for additional signage. The variance would allow for two gateway signs in addition to wayfinding signs and building signs. The criteria for variance permits were reviewed, and approval of the variance was recommended with the following conditions: 1. Applicant must comply with all federal, State of Alaska, and local regulations. 2. Applicant must obtain a sign permit issued by the Building Official. Averee Amend, maintenance technician for Kenaitze, noted he represented the applicant Vernon Stanford and was available for questions. It was noted that the submitted application was well detailed, and approval was expressed as additional signage would help visitors to the establishment. It was noted that the locations of signs are far enough from the road to keep an unostructred right of way. VOTE: Planning & Zoning Commission Meeting Pag February 22, 2023 Page 4 YEA: Fikes, Woodard, Coston, Glendening, Twait, Halstead NAY: None. MOTION PASSED UNANIMOUSLY. 2. Action/Approval — Recommending the Kenai City Council Enact Ordinance No. 3332-2023 — Amending Kenai Municipal Code Section 3.10.070-Livestock within the City Limits, to Allow a Maximum of Twelve (12) Chicken Hens to be Kept on Certain Lots Less than 40,000 Square Feet within the City of Kenai. Director Mitchell reviewed proposed amendments provided in the packet that had been suggested during the February 8, 2023 work session. Chair Twait opened for public hearing. Dan Conetta spoke in opposition to the ordinance, stating that it would violate the public's trust. He stated that the Woodland neighborhood covenants prohibit the raising of poultry, and asked the City to not pass an ordinance that would conflict with and undermine those covenants. He proposed alternative options that would address concerns of residents. Tim Navarre stated that in the process of changing ordinances, he believes that the status quo should be maintained as there is no overwhelming public interest for the change on this issue. He encouraged the commission to recommend to the city council to not pass the ordinance as it would not improve the quality of life in the community and could create issues for neighbors. Sarah Barrett spoke in support of the ordinance, citing her positive experience growing up with chickens in the Woodland subdivision. She explained their benefits, and emphasized that her family always informed neighbors about their chickens and took measures to prevent disturbances. She expressed a desire to continue raising chickens in her current home in the city limits. Kim Howard spoke in opposition, stating that most homeowners in the affected zones expected that their neighbors wouldn't have chickens when they purchased homes. She argued that chickens in densely populated areas are a public nuisance and cause disturbance, and affect the residential character of her neighborhood. She stated that she hopes the City Council will reject the ordinance, but if not, suggests prohibiting chickens in the Suburban Residential (RS) zone. Barbara Kennedy expressed that most of the proposed amendments seemed fair, with the exception of the requirement to screen chickens from view. She expressed disagreement with comments that this is not the right time for the ordinance, and discussed the educational and self-sustaining benefits of owning chickens. She explained how a one-year permit would be impractical after making the financial investment to raise chickens. Kristine Schmidt spoke in opposition, arguing that this is not the right time for this ordinance, the City had previously considered covenants in zoning decisions, and that this would be a stealth rezoning of RS and would be unfair to people in RS zones. She suggested removing the RS zone, as it would eliminate most of the problems. Council Member Teea Winger explained that she sponsored this ordinance to encourage self-sufficiency to help with food security in the event of a disaster. She discussed Anchorage's livestock regulations and expressed concern about the proposed amendment which would require enclosures to screen chickens from public view, and requested clarification in light of recent code changes which raised the required fence height. Planning & Zoning Commission Meeting Pag February 22, 2023 Page 5 Ed Castillo spoke in opposition to allowing chickens on smaller size lots. He spoke about his personal experience raising chickens, noting that he has over an acre of land and neighbors can hear his rooster. He stated that people should have the right to raise chickens if they have enough space, and that eating them is a personal choice. He suggested that new buyers should familiarize themselves with neighborhood covenants before getting chickens. Dave Howard spoke in opposition, expressing concerns about chicken owners self -certifying their pen setup and lack of enforcement from the City. He spoke about experience having a neighbor with an educational permit, and emphasized that the City should be taking more responsibility when allowing people to have chickens. He stated that the ordinance should be set aside as he cannot see how they can come to a compromise. There being no one else wishing to be heard, the public hearing was closed. Clarification was provided that the Commission would be considering proposed amendments to Ordinance No. 3332-2023 that they recommend to the City Council before enactment. The Commission discussed City enforcement of Animal Control codes, and whether the ordinance would fit better in Title 3 or Title 14. MOTION TO INCLUDE CONDITION: Commissioner Glendening MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph c. 1. to read: "The keeping of chicken hens on lots less than forty thousand (40,000) square feet will be subject to the standards in subsection (k). This allowance for the keeping of chicken hens does not permit commercial activities where otherwise prohibited or additional permitting or licensing is required." Commissioner Halstead SECONDED the motion. VOTE ON MOTION TO INCLUDE CONDITION: YEA: Woodard, Coston, Glendening, Twait, Halstead, Fikes NAY: None. MOTION TO INCLUDE CONDITION PASSED UNANIMOUSLY. MOTION TO INCLUDE CONDITION: Commissioner Woodard MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. 1. to read: "Up to four (4) chicken hens may be kept on lots of 24,000 square feet or less [A MAXIMUM OF TWELVE (12) CHICKEN HENS MAY BE KEPT ON LOTS] with a permitted principal structure. One (1) additional chicken hen is allowed for each additional 2,000 square feet of lot area." Commissioner Halstead SECONDED the motion. MOTION TO AMEND CONDITION: Commissioner Glendening MOVED to amend the proposed amendment as follows: "A maximum of twelve (12) chicken hens may be kept on lots in the Rural Residential (RR) zones and a maximum of six (6) [UP TO FOUR (4)] chicken hens [MAY BE KEPT] on lots in other allowed zones [OF 24,000 SQUARE FEET OR LESS] with a permitted principal structure. One (1) additional chicken hen is allowed for each additional 2,000 square feet of lot area." Commissioner Halstead SECONDED the motion to amend the main motion. VOTE ON MOTION TO AMEND CONDITION: YEA: Coston, Glendening Planning & Zoning Commission Meeting Pag February 22, 2023 Page 6 NAY: Twait, Halstead, Fikes, Woodard MOTION TO AMEND CONDITION FAILED. VOTE ON MAIN MOTION: YEA: Twait, Halstead, Fikes, Woodard, Coston NAY: Glendening MOTION TO INCLUDE CONDITION PASSED. MOTION TO INCLUDE CONDITION: Commissioner Glendening MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h as follows: "The keeping of chicken hens on lots less than forty thousand (40,000) square feet is allowed, except in the ALI, RU, RS1, RS2, and TSH zoning districts, subject to the following standards:" Commissioner Halstead SECONDED the motion. VOTE ON MOTION TO INCLUDE CONDITION: YEA: Twait, Halstead, Fikes, Woodard, Coston, Glendening NAY: None. MOTION TO INCLUDE CONDITION PASSED UNANIMOUSLY. MOTION TO INCLUDE CONDITION: Commissioner Glendening MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. 3. and h. 4. as follows: "(3) Chicken coops, hutches or other fully enclosed shelters must be located in the rear yard [MAY NOT BE LOCATED IN A FRONT YARD OR SIDE YARD THAT ABUTS A STREET IN A RESIDENTIAL ZONING DISTRICT] and must have a minimum setback of fifteen feet (15') from the side yards, ten feet (10') from the rear yard, and twenty-five feet (25) from residential dwellings on neighboring lots. (4) Fences, corral, pen, or other similar containment structures must be located in the rear yard and have a minimum setback of fifteen feet (15') from the side yards, [TWENTY-FIVE FEET (25) FROM THE FRONT YARD,] ten feet (10') from the rear yard, and twenty-five feet (25) from residential dwellings on neighboring lots." Commissioner Halstead SECONDED the motion. VOTE ON MOTION TO INCLUDE CONDITION YEA: Halstead, Fikes, Woodard, Coston, Glendening, Twait NAY: None. MOTION TO INCLUDE CONDITION PASSED UNANIMOUSLY. MOTION TO INCLUDE CONDITION: Commissioner Halstead MOVED to recommend Council amend Ordinance 3332-2023, to exclude Suburban Residential RS1. Commissioner Fikes SECONDED the motion. MOTION TO AMEND CONDITION: Commissioner Woodard MOVED to amend the proposed amendment, to exclude lots under 15,000 square feet in the Suburban Residential RS1. Commissioner Glendening SECONDED the motion. VOTE ON MOTION TO AMEND CONDITION: YEA: Twait, Woodard, Glendening Planning & Zoning Commission Meeting Pag February 22, 2023 Page 7 NAY: Halstead, Fikes, Coston MOTION TO AMEND CONDITION FAILED. VOTE ON MAIN MOTION: YEA: Halstead, Fikes, Woodard, Coston, Twait NAY: Glendening MOTION TO INCLUDE CONDITION PASSED. MOTION TO INCLUDE CONDITION: Commissioner Coston MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. 5. as follows: "All shelters or containment structures must be constructed of durable weather resistant materials, secured, and kept in good repair. The siding and roofing must be constructed with solid and durable construction materials." Commissioner Woodard SECONDED the motion. VOTE ON MOTION TO INCLUDE CONDITION: YEA: Fikes, Woodard, Glendening, Twait, Halstead NAY: Coston MOTION TO INCLUDE CONDITION PASSED. MOTION TO INCLUDE CONDITION: Commissioner Halstead MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. by adding a new paragraph 9 as follows: "All feed for chickens must be stored securely to prevent access from rodents and other non - domestic animals." Commissioner Glendening SECONDED the motion. VOTE ON MOTION TO INCLUDE CONDITION YEA: Coston, Glendening, Twait, Halstead, Fikes, Woodard NAY: None. MOTION TO INCLUDE CONDITION PASSED UNANIMOUSLY. MOTION TO INCLUDE CONDITION: Commissioner Halstead MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h by adding a new paragraph 10 as follows: "On lots twenty thousand square feet or less, a registration for chicken hens must first be obtained from animal control prior to moving any number of chicken hens onto the property. The registration will require certification that all provisions of this title are complied with." Commissioner Glendening SECONDED the motion. MOTION TO AMEND CONDITION: Commissioner Glendening MOVED to amend the proposed amendment as follows: "On lots twenty-four 24 thousand square feet or less, a registration for chicken hens must first be obtained from animal control prior to moving any number of chicken hens onto the property. The registration will require certification that all provisions of this title are complied with." Planning & Zoning Commission Meeting Pag February 22, 2023 Page 8 Commissioner Halstead SECONDED the motion to amend the main motion. VOTE ON MOTION TO AMEND CONDITION: YEA: Twait, Halstead, Fikes, Woodard, Coston, Glendening, NAY: None. MOTION TO INCLUDE CONDITION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YEA: Twait, Halstead, Fikes, Woodard, Coston, Glendening, NAY: None. MOTION TO INCLUDE CONDITION PASSED UNANIMOUSLY. MOTION TO INCLUDE CONDITION: Commissioner Halstead MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. by adding a new paragraph 12 as follows: "Chicken coops, hutches or other fully enclosed shelters may not exceed eight feet (8') in height." Commissioner Woodard SECONDED the motion. VOTE ON MOTION TO INCLUDE CONDITION: YEA: Fikes, Woodard, Coston, Halstead NAY: Glendening, Twait MOTION TO INCLUDE CONDITION PASSED. MOTION TO INCLUDE CONDITION: Commissioner Halstead MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. by adding a new paragraph 13 as follows: "All enclosures, coops, hutches, pens, or appurtenances for chicken hens must be fully screened from public view and neighboring properties with fences, walls, obstructions, or natural screening not less than six feet (6') in heiaht." Commissioner Coston SECONDED the motion. VOTE ON MOTION TO INCLUDE CONDITION: YEA: Halstead, Fikes, Coston, NAY: Glendening, Twait, Woodard MOTION TO INCLUDE CONDITION FAILED. MOTION: Commissioner Halstead MOVED to recommend the City Council enact Ordinance No. 3332-2023 with the recommended amendments from the Planning and Zoning Commission. Commissioner Glendening SECONDED the motion. VOTE: YEA: Halstead, Coston, Glendening, Twait NAY: Fikes, Woodard MOTION PASSED. Clarification was provided that there will be a City Council public hearing on this ordinance on March 1, 2023. Planning & Zoning Commission Meeting Pag February 22, 2023 Page 9 G. UNFINISHED BUSINESS — None. H. NEW BUSINESS — None. PENDING ITEMS — None. J. REPORTS 1. City Council — Council Member Askin reviewed the actions of the February 15, 2023 City Council meeting. 2. Kenai Peninsula Borough Planning — Commissioner Fikes reported on the actions of the February 13, 2023 Kenai Peninsula Borough Planning Meeting. 3. City Administration — Planning Director Mitchell reported on the following: • An encroachment permit that had been approved by the Commission had submitted an as -built that is consistent with what was approved. • Reviewing of annual conditional use permit reports continues, completed the compliance review on commercial marijuana establishment permits. • Revised work session schedule included in packet; upcoming work session to address accessory structures code changes with adoption of new building codes. • Considering more effective ways to address junk vehicle and refuse violations. • Planning Department has received several new conditional use permit applications. • Update on Administrative Assistant hiring process. • Attending National Floodplain Insurance Program administrator training by FEMA next week, will be out of the office. • Attending a training at a sign expo in April. • Human Resources Director has been hired and will start in March. • Council and Commission training tomorrow at the Chamber of Commerce. K. ADDITIONAL PUBLIC COMMENTS — None. L. INFORMATION ITEMS — None. M. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting Date: March 8, 2023 N. COMMISSION COMMENTS & QUESTIONS Commissioner Glendening discussed the zoning map. Commissioner Woodard noted an upcoming meeting to discuss rank choice voting. Commissioner Coston encouraged everyone to watch the snow loads on roofs, as there have been recent collapses. Vice Chair Halstead noted that he appreciated the Commission's discussion and due diligence on their recommendation for Ordinance No. 3332-2023. Commissioner Fikes expressed appreciation for the discussion. Planning & Zoning Commission Meeting Pag February 22, 2023 Page 10 Chair Twait noted that the Commission did a good job in providing their recommendation to Council, and appreciates everyone's hard work. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 10:35 p.m. Minutes prepared and submitted by: Meghan Thibodeau Deputy City Clerk Planning & Zoning Commission Meeting Pag February 22, 2023 Page 11 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-06 A RESOLUTION RECOMMENDING THAT BARON PARK TRIUMVIRATE ADDITION PRELIMINARY PLAT ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from McLane Consulting, Inc. on behalf of the property owner, City of Kenai and, WHEREAS, the plat meets Kenai Municipal Code preliminary plat requirements of the Light Industrial (IL); and, WHEREAS, street names are referenced correctly; and, WHEREAS, the subdivided lots will have access via Daubenspeck Road and/or Marathon Road, which are City -maintained roads; and WHEREAS, City water and sewer lines are available within the adjacent right of ways; and, WHEREAS, an installation agreement is not required; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to Kenai Municipal Code 14.10.070 Subdivision design standards, the plat conforms to the minimum street widths, easements are sufficiently provided for utilities, the proposed subdivision would provide satisfactory and desirable building site, and the preliminary plat meets standards for water and wastewater. 2. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the proposed lots meet City standards for minimum lot sizes. 3. Pursuant to Kenai Municipal Code 14.24.020 General Requirements, the proposed lots meet City standards for minimum lot width, maximum lot coverage, maximum height, and setbacks. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of Baron Park Triumvirate Addition be approved subject to the following condition. 1. Provide a curve table for C1 and C2 on the plat. Resolution No. PZ2023-06 Page 2 of 2 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 22nd day of March, 2023. JEFF TWAIT, CHAIRPERSON ATTEST: Meghan Thibodeau, Deputy City Clerk mass/CaP I A� S N 3 EIE I t �FOU -u�° EF— t9xt I I 114 RNzooze J I se I I I I I I I I I I I I I I I I I I I I 4aza-sz _ ------------- - ss'--- ota FOUNDS/B" ER BAR 1.2— ]B • STEEL CAP asnBZS I FI el R=- B 3 rvl \ DAVBENSPECK RID6O'R/W \ �I \y aaG.s \ 1 Nea°aa'4B"E xxs.oa' "LEE. \ TuatA � I '--------------------------------'s�rluTM EASErnENTVEaRnxazo_�3------ - - - - - - - - - - - - - - - - - - - - - — — — — — — — - -� G RrvxD2D-]B �— 111 \\ I lil L I LEGEND ®�CINAII uNLEo�/oMReenRw/vusNccAP LseBIs9D rs/a^rSo'EaREaAR w/ L'SsrAINLEss NORTH RAVHIc scaLE CERTIFICATE OF OWN ERSH I AND DEDICATION I I II III �I III I I zxo fIDnLGo nvE, sunE NO, xcrvnl, AR 99611 3 II a Ili III NOTARY'S ACKNOWLEDGEMENT FOR 8 , ACKNOWLEDGED BEFDREMETHIB Ili TRACT 4A-2 III 111 1.9O8 AC DAY of N21 III MY COMM IssIOn ExvlR m ill iRAC74A-1 ssurMtt EASEMENT PER Rnxa2D-]B -I I O ill 3.936 AC tD UTwtt FASEMENT PER xnzotz I srATEOF ALASRA THE 2 III 3 as a.l F- I I i II II � iil II F I1�11—TY EASEMENT PER RNNN-73 III S a 1 1 1 I I p r--- 111 II lil II � 'II LxD' HEA CLEARING ONLY EASEMENT PER RN9]11 III II Y I l i l xaB G9 V gili sea zB s9W Z �I 11 ri to' m ill unutt —EVENT RN9t-t9 Ng Q iM$TRACT IA K14202b]3 111 III xD ummEAscmervTPER RNzotz e9 s4 es sea xB s9 w I TRACT oIA KNNfg IZ �f °FUFR5pX1LUWs NOTES t BARON PARK TRIUMVIRATE ADDITION RE'MERERm[rON of xenrvaFL°�z anodenac eo PLIcaBLE AeAaon PAae zY aE, xNzozo CITY OF KENAI, DWNER 2 NO gPRMANENTATR UURE III 6 NORTH FERE wrtH a wt/D sECTY AI PENINS THE ABILITY OF A UTIDTYTO USFTHF EASEMFNr. RDUGH AND HENAI RF[OROING DISTRIn, AL2Rn.REN B DEVELOPMENzoNING CorE.Mqu R'V'MAT MEET att of RENAI CHAPTER to WASTEWATER DISPOSAL zz x DEPARTMENT OF ENVIRONMENTAL CDNSERVarIDN. BOROUGH IN ACCORDANCE WITH Rve N'o.o4o. ® w Pa fne no. 4. CITVWATERANDSEWERAREAVAILABLETOSERVETHE PARCELS. REGULATORY B EAD 9. No. 232 ALLFEDEALSFATOFAOCL FEGUTATDNS AUTHORIZED OFFICIAL le. 1 =. e.TAN N2 Book No.: I D wn W Page � STAFF REPORT �. PLANNING &ZONING DEPARTMENT KF-NAI TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: March 17, 2023 SUBJECT: Resolution No. PZ2023-06 — Preliminary Plat — Baron Park Triumvirate Addition The applicant is proposing a preliminary plat to subdivide one (1) lot into two (2) lots. Staff Adopt Resolution No. PZ2023-06 recommending approval for a Recommendation Preliminary Plat - Baron Park Triumvirate Addition to subdivide Tract 4A of Baron Park 2020 Replat into two (2) lots. Applicant Property Owner: Legal Description: Property Address: KPB Parcel No.: Lot Size (acreage): Zoning: Current Use: Proposed Use: Land Use Plan: Associated Permits McLane Consulting Inc. Attn: James Hall P.O. Box 468 Soldotna, AK 99669 City of Kenai Tract 4A of Baron Park 2020 Replat 450 Marathon Road 04501061 5.84 Light Industrial (IL) Vacant Performing Arts Center Industrial Conditional Use Permit (Resolution No. PZ2023-01) for a Performing Arts Center SUMMARY The proposed preliminary plat will subdivide Tract 4A of the Baron Park 2020 Replat into two (2) lots, Tract 4A-1 (3.936 acres) and Tract 4A-2 (1.908 acres). The subject parcel is a treed vacant lot located in the northeast corner of Daubenspeck Road. Most of the surrounding properties are city -owned with the following surrounding uses: institutional, industrial, commercial, and recreational. On January 25, 2023, your commission approved the Conditional Use Permit (Resolution No. PZ2023-01) for a performing arts center on approximately 2-acre of the eastern portion of the 5.844-acre parcel. Kenai Municipal Code (KMC) Chapter 14.10 Subdivision Regulations states preliminary plats or replats must first be submitted to the City for review and provide recommendation to the Kenai Peninsula Borough Planning Commission. ANALYSIS The parent plat, Baron Park 2020 Replat was approved by the Kenai Peninsula Borough Planning Commission on July 13, 2020. The proposed subdivision meets the minimum lot area and width for the Light Industrial (IL) zoning district. The subdivided lots will have access via Daubenspeck Road and/or Marathon Road, which are City -maintained roads. City water and sewer lines are available within the adjacent right of ways. An installation agreement is not required. The proposed preliminary plat meets the general standards of KMC Chapter 14.10 Subdivision Regulations. STAFF RECOMMENDATION Staff finds that the proposed preliminary plat for Baron Park Triumvirate Addition meets the general standards of Kenai Municipal Code Chapter 14.10 Subdivision Regulations, and hereby recommends that the Planning and Zoning Commission recommends approval of Resolution No. PZ2023-06 to Kenai Peninsula Borough, subject to the following condition. 1. Provide a curve table for C1 and C2 on the plat. ATTACHMENTS Aerial Map Application with Certificate of Plat Preliminary Plat, Baron Park Triumvirate Addition Baron Park 2020 Replat Resolution No. PZ2023-06 Preliminary Plat Baron Park Triumvirate Addition Page 16 Resolution No. PZ2023-06 Preliminary Plat -Baron Park Triumvirate Addition 450 Marathon Road I KPB Parcel ID: 04501061 1,,: Aj " ice„ 4. r t rI Proposed Tracts 4A-1 & 4A-2 f r 0E ` ` , r"' Parcels !t" " ' "er � � �Fh �s ►r e F A.,$SaurcgdEsri, M.axariEarthstar Geographics, and the GIS User Community N Map for Reference Only NOT A LEGAL DOCUMENT 0 125 250 500 Feet Page 17 Date Printed: 3/17/2023 City of Kenai Planning and Zoning Department Preliminary Plat 210 Fidalgo Avenue Submittal Form Kenai, 28 996 11 (907) 3-8200 planning@kenai.city www.kenai.eity/planning AWLICAU• Name: McLane Consulting Mailing Address: PO BOX 468 City: Soldotna State: AK Zip Code: 99669 Phone Number(s): 907-283-4218 Email: JHALL@MCLANECG.COM Name: City of Kenai Mailing Address: 210 Fidalgo Ave Ste 200 1 City: I Kenai State: JAK Zip Code: 99611 Phone Number(s): Email: -•- ••IT,• Kenai Peninsula Borough Parcel #: 104501061 Current City Zoning: Light Industrial Use: ❑ Residential ❑ Recreational KI Commercial ❑ Other: Water: ❑ On Site I@ City ❑ Community Sewer: ❑ On Site B City ❑ Community • Baron Park Triumvirate Addition Preliminary Plat Name: Revised Preliminary Plat Name: Vacation of Public Right -of -Way: ❑ Yes M No Street Name (if vacating ROW): Exceptions Required and Requested: Comments: REQUIRED D Certificate to Plat d (1) 24" x 36" Plat (2) 11"x 17" Plats SIGNATURE Signature: Date: a 2 Print Name: I ITitle/Business: Ci .,�, � V- ' d� " •rt4,r k RrsrAmey icsn Ttle'" CERTIFICATE TO PLAT To: McLane Consulting Inc PO BOX 468 Soldotna, AK 99669 Attn: James Hall FirstAmedcan Tide Insurance Company 44296 Sterling Highway, Suite 2 Soldotna, AK 99669 Phn - (907)262-5708 Fax - (907)262-9594 Order No.: 0229-4034545 Plat: BARON PARK 2020 REPLAT Fee: $300.00 This is a Certificate as of January 30, 2023 at 8:00 A.M. for a proposed plat of the following described property: Tract 4A, BARON PARK 2020 REPLAT, according to the official plat thereof, filed under Plat Number 2020-73, Records of the Kenai Recording District, Third Judicial District, State of Alaska. The Company certifies that title is vested in: City of Kenai (General Fund) free from all liens, encumbrances and objections EXCEPT AS FOLLOWS: 1. Reservations and exceptions as contained in the Quit Claim Deed from the United States of America to the City of Kenai, Recorded April 20, 1964 Recording Information: Book 27 Page 303 And Deed of Release, including the terms and provisions thereof, Recorded May 10, 1991 Recording Information: Book 382 Page 218 And Unrecorded Deed of Release, including the terms and provisions thereof, as disclosed in Affidavit, Recorded July 14, 1992 Recording Information: Book 402 Page 493 2. Taxes and/or Assessments, if any, due The Kenai Peninsula Borough and the City of Kenai. 3. Easement, including terms and provisions contained therein: Recording Information: June 25, 1979, Book 144 Page 474 In Favor of: General Public For: Ingress and egress Affects: Portion of premises known as VOR-Moose Range Road 4. The terms and provisions contained in the document entitled "Special Use Permit" Recorded: October 19, 1990 Recording No.: Book 373 Page 134 Page 19 J e Order No.: 0229-4034545 Page No.: 2 of 3 5. A lease and the terms and conditions thereof. Lessor: City of Kenai Lessee: AAI/Engineering Support, Inc., a Maryland Corporation Term: 30 years Dated: November 6, 1997 Recorded: January 6, 2000 Recording Information: Book 574 Page 738 6. Easements as dedicated and shown on the plat of said subdivision. (Copy Attached) 7. The effect of the notes which appear on the plat of said subdivision. (Copy Attached) This report is restricted to the use of the addressee, and is not to be used for closing any transaction affecting title to said property. Liability of the Company is limited to the amount of fee paid herein. First American Title Insurance Company Dustyn Fergus, Title Officer Page 20 �tle mass/CaP I A� S N 3 EIE I t �FOU -u�° EF— t9xt I I 114 RNzooze J I se I I I I I I I I I I I I I I I I I I I I 4aza-sz _ ------------- - ss'--- ota FOUNDS/B" ER BAR 1.2— ]B • STEEL CAP asnBZS I FI el R=- B 3 rvl \ DAVBENSPECK RID6O'R/W \ �I \y aaG.s \ 1 Nea°aa'4B"E xxs.oa' "LEE. \ TuatA � I '--------------------------------'s�rluTM EASErnENTVEaRnxazo_�3------ - - - - - - - - - - - - - - - - - - - - - — — — — — — — - -� G RrvxD2D-]B �— 111 \\ I lil L I LEGEND ®�CINAII uNLEo�/oMReenRw/vusNccAP LseBIs9D rs/a^rSo'EaREaAR w/ L'SsrAINLEss NORTH RAVHIc scaLE CERTIFICATE OF OWN ERSH I AND DEDICATION I I II III �I III I I zxo fIDnLGo nvE, sunE NO, xcrvnl, AR 99611 3 II a Ili III NOTARY'S ACKNOWLEDGEMENT FOR 8 , ACKNOWLEDGED BEFDREMETHIB Ili TRACT 4A-2 III 111 1.9O8 AC DAY of N21 III MY COMM IssIOn ExvlR m ill iRAC74A-1 ssurMtt EASEMENT PER Rnxa2D-]B -I I O ill 3.936 AC tD UTwtt FASEMENT PER xnzotz I srATEOF ALASRA THE 2 III 3 as a.l F- I I i II II � iil II F I1�11—TY EASEMENT PER RNNN-73 III S a 1 1 1 I I p r--- 111 II lil II � 'II LxD' HEA CLEARING ONLY EASEMENT PER RN9]11 III II Y I l i l xaB G9 V gili sea zB s9W Z �I 11 ri to' m ill unutt —EVENT RN9t-t9 Ng Q iM$TRACT IA K14202b]3 111 III xD ummEAscmervTPER RNzotz e9 s4 es sea xB s9 w I TRACT oIA KNNfg IZ �f °FUFR5pX1LUWs NOTES t BARON PARK TRIUMVIRATE ADDITION RE'MERERm[rON of xenrvaFL°�z anodenac eo PLIcaBLE AeAaon PAae zY aE, xNzozo CITY OF KENAI, DWNER 2 NO gPRMANENTATR UURE III 6 NORTH FERE wrtH a wt/D sECTY AI PENINS THE ABILITY OF A UTIDTYTO USFTHF EASEMFNr. RDUGH AND HENAI RF[OROING DISTRIn, AL2Rn.REN B DEVELOPMENzoNING CorE.Mqu R'V'MAT MEET att of RENAI CHAPTER to WASTEWATER DISPOSAL zz x DEPARTMENT OF ENVIRONMENTAL CDNSERVarIDN. BOROUGH IN ACCORDANCE WITH Rve N'o.o4o. ® w Pa fne no. 4. CITVWATERANDSEWERAREAVAILABLETOSERVETHE PARCELS. REGULATORY B EAD 9. No. 232 ALLFEDEALSFATOFAOCL FEGUTATDNS AUTHORIZED OFFICIAL le. 1 =. e.TAN N2 Book No.: I D wn W Page LEGEND: 2 1/2' BRASS CAP MONUMENT GLO 1921 RECORD KN 2007-8 I Tract Al 31/4' ALUM. CAP MONUMENT lB28-S 2013 FOUND I O 5/8' MAR w/PLASTC CAP LS 6101 FOUND VI�V (11 5/9' MAR w/ALUM. CAP IS 5152 19W FOUND I IN 5/8' MAR FOUND ml o 5/8' MAR w/PILASTIC - LSB859 SET 3 I ( ) RECORD DATUM PLAT 2012-89 KRD $ 1 j RECORD DATUM PLAT 201 -44 KRD 8 I [ ] RECORD DATUM PLAT 2008-32 KRD �Q NOTES: 1) Thla wbdlMalon le subject to City of Kenai Chapter 1/ zoning regulatima 0 2) Basis of bearing taken from Baron Park N12 Addition, Plat 2012-89. 1O C Kenai Receding Dletrlct I 3) Further d-pment of - property shall conform b, all federal. State of A -IN, and local regulation. KN 2007-8 4) &-tiona to KPB 20.30.100, Cul-de-mca and KPB 20.30.130. Curve Tract B1 I roqulremmbs, was granted by - plat committee at the meeting of JUly 13. 2020. 5) The Planning Comm1- heard a,d approved - rlght of way -U. at their regularly scheduled meeting held on July 13. 2020. 6) The uUlity easement per KN 2012-89 defined ore the hoot 10 feet along the tamer right of way and 20 feet -,, 5 feat of Na aide tat rmea meawred hom the farmer right of way, hoe not been vauMetl and is °till in existence where Ne w1 de sac bulb is being vawtsd. n ]) Front 15 feet adpcent to rights-pf-way are a uUlty eaaemant. No a permanent sWGturo °hall be ronaWMed a placed within a utility easement whin -Id interfere with iha ability of a utility to use the eosemenl. o 8) W lEW OISP AL Plans for wastewater disposal, that meet I ragulatay req�r�haments are on file at Ne DeparMent of EnWron- tat Con Lion. � n I I PLAT APPROVAL KN 2001-56 ' 5 PUT WAS APPROVED BY THE KENAI PENINSULA BOROUGH Tract A �� PLANNING COMMISSION AT THE MEETING OF ,LILY 13. 2020. I KEN.-P.IIN.I.A BOROUGH III Sc6VV 12/14/2D AUTHIXHIZED L I I'� a7 � \ \ 6'o V i KN 2013-44 \ KN 2013-44 I Lot 8 Lot 9 \ Magic Avenue `ATTTL KN 2006-25 I /AAjA'Il. t.a Lot A I �L1 , I IKN 20081 L2 N0113722'W N8822'00'E SO.tNI' 50.00' I -3L L3 N01'3]'22'W 50.00' Lot 1 I SURVEYOR'S CERTIFICATE 1 h-by certify that 1 am pro y registered and licensed I to practice land arveying In the State of cask. Lhia plat rpreenta a wnwy mad° by me a under my direct eupeMeion 1 J the ...I. ba d U M1aean actually exbt as desalbed, and a11 dimenalana ana otnor aemna Oro correct. I - Dots a-s-2o I I _ KN 2008-32 Tract 1A xjart4 80' ROW Guru Table Cum / DMta Radius Length Tangent Cbad ... Beaing C1 OV7-843' 20.00' 34.14' n.93' WAS' S4226'53'E C2 08211017' 20.00' MN' 17.44' 26.29' S-] 0 'W 0 050'5248' 135.00' 119.88' 64.22' 115.98' N6554'5D'W C4 D-I'04' 135.00' 91.54' 47.61' 89.80' N21T2'S4WW C5 089'43'S2' 75.00 111.46' ]4.65' 105.82' N4629'18'W CB 090T1'21' 20.00' 31.42' 20.01' 28.29' N432XWE C] OS9'58'39' 2C.DO 31.41' 19.99' 28.28' S4636'47E C8 12]T3'14' 5G.00' 110.88' 100.40' 8%51' N6456'52'W C9 044T12'le 20.D0 15.37 8.09' 15.00' N23'38'29'W CIO 0]42]12' -DO'84.97 37.99' 60.50' S0828'00'E Ctt 062'33'48' M.DO'l 147.41' 82.02' 1 140.20' N325 16'W Unsubd CERTIFICATE of OWNERSHIP and DEDICATION I. THE UNDERSIGNED, HEREBY CERTIFY THAT THE Ott OF KENO IS THE OWNER OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON. AND ON BEHALF OF THE CITY OF KEN., I HEREBY ADOPT THIS PLAN OF SUBDIM30N AND BY MY FREE CONSENT DEDICATE ALL RIGHTS -OF -WAY AND GRZ ALL EASEMENTS TO THE USE SHOWN. CITY OF KENAI 210 FIDALGO AVENUE KEN., ALASKA 99611 ACKNOWLEDGEMENT 'NOTARY'S � FOR f OLL� lJ S'IY0. Vlpe✓ MEa THIS_ DAY A/CK4NeOW_T_11.1GFypO OF NdA,,A N 2QI /B/E�FOR(E4 tA51 ' C • ILV�Y, _ , NOTARY PUBUC FOR ALASKA S'Z9'7.2 E.i ALASKA MY COMMISSION EMRES ILMA WILMA E. ANDERSON NOTARY PUBLIC Ary Cam..exo. _24' CERTIFICATE of ACCEPTANCE THE UNDERSIGNED OFFICIAL IDENTIFIED BY NAME AND TITLE IS AUTHORIZED TO ACCEPT AND HEREBY ACCEPTS ON BEHALF OF THE CITY OF KEN. FOR PUBLIC USES AND FOR PUBLIC PURPOSES TIE REAL PROPERTY TO BE DEDICATED BY THIS PLAT INCLUDING EASEMENTS, RIGHTS -OF -WAY, ALLEYS, AND OTTER PUBUC AREAS SHOWN ON THIS PLAT IDENTIFIED AS FOLLOWS: DAUSENSPECK ROAD DEDICATON. THE ACCEPTANCE OF LANDS FOR PUBUC USE OR PUBUC PURPOSE DOES NOT OBLIGATE THE PUBUC OR ANY OTHER GO-NING BODY TO CONSTRUCT, OPERATE, OR MAINTAIN IMPROeE�;f1j 1 1 2IAEN Il 9 z-o CITY OF KEN. V�EV CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-04 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR LODGING. APPLICANTS: Benjamin Lovejoy and Kathleen Lovejoy PROPERTY ADDRESS: 1035 Angler Drive LEGAL DESCRIPTION: Lot 4 of Anglers Acres Subd. Part 3 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04939036 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on January 17, 2023; 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 March 8, 2023, 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 lodge is a conditional use; therefore, a conditional use permit may be granted for a lodge. The RR Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment, (8) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: Resolution No. PZ2023-04 Page 2 of 4 (A) Violate the residential character of the environment; (8) Generate heavy traffic in predominantly residential areas. The subject property has been operating a lodge with the adjacent property, 1045 Angler Drive since 1988. There's no records of ongoing complaints or code violations for the lodging or guiding. It is not anticipated that the continued use of the single-family dwelling as a lodge would violate the residential character since it continues to remain as a single- family dwelling and additional dwellings are not proposed to increase the traffic in the area. 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. The proposed use is a continuance of a use that has been in operation for nearly 35 years. 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 Low Density Residential (LDR) land use classification. The LDR Land Use Classification is defined in the Comprehensive Plan: Low Density Residential because of location or poor site conditions is intended for large -lot single-family low -density residential development. The area will typically be developed with individual on -site water supply and wastewater disposal systems. Streets will typically be constructed to rural street standards (i.e., gravel) and sidewalks will not be typically included in the subdivision design. Rural Residential becomes Low Density Residential to avoid confusion with zoning category. The surrounding uses are a mix of residential and commercial/recreation uses. The proposed use would be compatible with the existing uses and would not require any buffer between surrounding uses since most lots are approximately an acre. As stated by the applicant, the proposed use is in harmony with many goals (Goals 1-4) outlined in the Comprehensive Plan. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", several goals and objectives are met from the proposed use. Goal 1 — Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-1: Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 2 — Economic Development is to provide economic development to support the fiscal health of Kenai. Resolution No. PZ2023-04 Page 3 of 4 Objective ED-9: Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. Goal 3 — Land Use is to develop land use strategies to implement a forward -looking approach to community growth and development. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: City water and sewer is not in the vicinity of the subject property but onsite water and wastewater treatment and disposal systems are in place. The applicants are required to be in compliant with wastewater disposal requirements of Kenai Peninsula Borough Chapter 20.40 and regulatory requirements of the Alaska Department of Environmental Conservation. Angler Drive is a paved road, 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 proposed use is the same as the previous use without any records of violations or complaints. There is adequate parking and buffer for the proposed use to minimize the impact to the surrounding area. It is not anticipated that the continued use will be harmful to the public safety, health or welfare. As noted by the applicant, the proposed use will not be harmful as it is in keeping with the current uses in the area and is moving forward in the same manner as the previous use. 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: The proposed use is not anticipated to have any adverse impacts on the surrounding properties as a lodge has been operated on the subject property for over three (3) decades. Specific conditions are not deemed necessary to fulfill the above - mentioned conditions. 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 Benjamin Lovejoy and Kathleen Lovejoy for lodging on a property described as Lot 4 of Anglers Acres Subd. Part 3, and located at 1035 Angler Drive. Section 2. That the conditional use permit is subject to the following conditions: 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 Resolution No. PZ2023-04 Page 4 of 4 on -site inspection. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 22nd DAY OF MARCH, 2023. JEFF TWAIT, CHAIRPERSON ATTEST: Meghan Thibodeau, Deputy City Clerk � STAFF REPORT �. PLANNING &ZONING DEPARTMENT KF_NA1 TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: March 17, 2023 SUBJECT: Resolution No. PZ2023-04 — Conditional Use Permit - Lodging Request The applicant is requesting to use the single-family dwelling for lodging. Staff Adopt Resolution No. PZ2023-04 approving a Conditional Use Permit Recommendation for lodging. Applicants: Benjamin Lovejoy and Kathleen Lovejoy Property Owners: Benjamin Lovejoy and Kathleen Lovejoy Legal Description: Lot 4 of Anglers Acres Subd. Part 3 Property Address: 1035 Angler Drive KPB Parcel No.: 04939036 Lot Size: 40,150 square feet (0.92-acre) Zoning: Rural Residential (RR) Current Use: Single -Family Dwelling Land Use Plan: Low Density Residential (LDR) SUMMARY The applicants acquired the subject property on October 12, 2022, and would like to continue using the single-family dwelling for lodging. Conditional use permits (CUPs) were granted for lodging and guiding (Resolution PZ88-17 for lodging; Resolution PZ98-45 for guiding) located at 1035 and 1045 Angler Drive (Lots 4 & 5 of Anglers Acres Subd. Part 3) within the Rural Residential (RR) Zoning District. Until recently, the approved CUPs for the lodging and guiding on two (2) adjoining parcels have been under the same ownership. It is best practice to require the property owners of the newly acquired parcel to obtain a new conditional use permit since the existing CUPs are currently operated by the property owners of 1045 Angler Drive. Therefore, a transfer of the CUPs would not be appropriate. The request of this conditional use permit would allow the new property owners of 1035 Angler Drive to continue using the single-family dwelling as a lodge on the subject property. 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 lodge is a conditional use; therefore, a conditional use permit may be granted for a lodge. The RR Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment, (8) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment, (8) Generate heavy traffic in predominantly residential areas. The subject property has been operating a lodge with the adjacent property, 1045 Angler Drive since 1988. There's no records of ongoing complaints or code violations for the lodging or guiding. It is not anticipated that the continued use of the single-family dwelling as a lodge would violate the residential character since it continues to remain as a single- family dwelling and additional dwellings are not proposed to increase the traffic in the area. 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. The proposed use is a continuance of a use that has been in operation for nearly 35 years. Resolution No. PZ2023-04 Conditional Use Permit Lodging Page 28 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 Low Density Residential (LDR) land use classification. The LDR Land Use Classification is defined in the Comprehensive Plan: Low Density Residential because of location or poor site conditions is intended for large -lot single-family low -density residential development. The area will typically be developed with individual on -site water supply and wastewater disposal systems. Streets will typically be constructed to rural street standards (i.e., gravel) and sidewalks will not be typically included in the subdivision design. Rural Residential becomes Low Density Residential to avoid confusion with zoning category. The surrounding uses are a mix of residential and commercial/recreation uses. The proposed use would be compatible with the existing uses and would not require any buffer between surrounding uses since most lots are approximately an acre. As stated by the applicant, the proposed use is in harmony with many goals (Goals 1-4) outlined in the Comprehensive Plan. RELEVENT GOALS In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", several goals and objectives are met from the proposed use. Goal 1 - Quality of Life is to promote and encourage quality of life in Kenai. Objective 0-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 2 - Economic Development is to provide economic development to support the fiscal health of Kenai. Objective ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. Goal 3 - Land Use is to develop land use strategies to implement a forward -looking approach to community growth and development. Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: City water and sewer is not in the vicinity of the subject property but onsite water and wastewater treatment and disposal systems are in place. The applicants are required to be in compliant with wastewater disposal requirements of Kenai Peninsula Borough Chapter 20.40 and regulatory requirements of the Alaska Department of Environmental Conservation. Angler Drive is a paved road, which is a City -maintained road. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: The proposed use is the same as the previous use without any records of violations or complaints. There is adequate parking and buffer for the proposed use to minimize the impact to the surrounding area. It is not anticipated that the continued use Resolution No. PZ2023-04 Conditional Use Permit Lodging Page 29 will be harmful to the public safety, health or welfare. As noted by the applicant, the proposed use will not be harmful as it is in keeping with the current uses in the area and is moving forward in the same manner as the previous use. 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: The proposed use is not surrounding properties as a lodge ha three (3) decades. Specific condition mentioned conditions. PUBLIC NOTICE s s anticipated to have any adverse impacts on the been operated on the subject property for over are not deemed necessary to fulfill the above - 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 PZ2023-04 approving the Conditional Use Permit for lodging, 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. ATTACHMENTS Aerial Map Application Site Plan Resolution No. PZ2023-04 Conditional Use Permit Lodging Page 30 Resolution No. PZ2023-04 Conditional Use Permit - Lodging 1035 Angler Drive KPB Parcel ID: 04939036 N Map for Reterence Only NOT A LEGAL DOCUMENT 0 100 200 400 Fee Page 31 Conditional Use Permit , Application City of Kenai Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 planning@kenai.city www.kenai.city/planning Name: BENJAMIN AND KATHLEEN LOVEJOY Mailing Address: 1035 ANGLER DR City: Kenai State: AK Zip Code: 99611 Phone Number(s): 360-490-2596 Email. blovej9@gmail.com Name: BENJAMIN AND KATHLEEN LOVEJOY Mailing Address: 1035 ANGLER DR City: KENAI State: AK Zip Code: 99611 Phone Number(s): 360-490-2596 Email: blovej99gmail.com Kenai Peninsula Borough Parcel # (Property Tax ID): 04939036 Physical Address: 1035 ANGLER DR Legal Description: T 5N R 11 W SEC 11 SEWARD MERIDIAN KN 0780168 ANGLERS ACRES SUB PART 3 LOT 4 Zoning: Residential Acres: 0.92 ''W How is this property currently being used? Lodging / Guide Service Conditional Use Requested for (attach additional sheets if necessary): Conditional Use Requested is to be Lodging only as an Airbnb which will range from short term to long term lodging. Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: As this parcel is already being used under a conditional use permit for lodging and guide services there is no subsequent change in its current use. The land is zoned Residential with approximately 50%percent of non vacant land is operated with conditional use permits in the area, thus this application is consistent with uses in this district. Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: This project is in direct alignment with a multitude of similar uses in the area and in keeping with the conditional use previously attached to this parcel, thus the neighborhood will not be impaired. Use of surrounding property - north: Residential/ conditional use permits Use of surrounding property - south: Residential/ conditional use permits Use of surrounding property - east: Residential/ conditional use permits Use of surrounding property - west: Residential/ conditional use permits Explain how the conditional use is in harmony with the City's Comprehensive Plan: This conditional use is in harmony with the City's Comprehensive Plan as follows: Goal #1 Quality of Life - Project will promote and encourage quality of life elements in Kenai Goal #2- Economic Development: Project will provide economic development elements to support the fiscal health of the community. Goal #3 Land Use- Project will use strategies to implement a forward -looking approach to community growth and development. Goal #4.Public Improvements and services- Project will provide adequate public improvements and services in Kenai Are public services and facilities on the property adequate to serve the proposed conditional use? Yes: current facilities have previously been used as lodging and are adequate for this project use as well. Explain how the conditional use will not be harmful to public safety, health, or welfare: Conditional use will not be harmful as it is in keeping with the current uses in the area and is moving forward in the same manner as previous used. 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? No this application is a moderate continuation of the current use of this parcel as well as neighboring parcel use. 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: , Date: I 12- Z a - 2o2Z Print Name: L.Mi3o1 Title/Business: rf)WVWS Date Application Fee Received: For City Use Only PZ Resolution Number: - '- 10 5 - e 0(2-, Ar) .3Le 0- f2A 444F IT IL Lo 0 ) 0 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-05 A RESOLUTION GRANTING AN AMENDMENT TO CONDITIONAL USE PERMITS FOR AN ASSISTED LIVING FACILITY. APPLICANT: Aspen Creek Kenai LLC c/o Douglas Clegg PROPERTY ADDRESS: 701 N. Forest Drive LEGAL DESCRIPTION: Tract 36A of Killen Estates 2014 Replat KENAI PENINSULA BOROUGH PARCEL NUMBER: 04321030 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on January 19, 2023; 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 March 8, 2023, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds 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 expansion is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates an assisted living facility is a conditional use; therefore, a conditional use permit may be granted for an assisted living facility. The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy, (2) To prohibit uses which would: Resolution No. PZ2023-05 Page 2 of 4 (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. The proposed addition will expand the operation of the assisted living facilities with approved CUPs. There should be minimal traffic generated by the proposed addition. The proposal includes a landscape plan that will provide a separation from adjoining properties and will not violate the residential character of the area. 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. A landscaping/site plan has been submitted and will be reviewed by Planning staff for compliance. Site plan review will require an orderly and safe development as well as landscaping to provide an attractive and functional separation/screening between uses. The proposed access from Ponderosa Road may increase traffic along Ponderosa Road but it is not anticipated that the proposed expansion to an assisted living facility would generate heavy traffic. The development of the paved right-of-way easement for access via Ponderosa Road may increase the development potential of the adjacent vacant lot. 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 Suburban Residential (SR) land use classification. The SR Land Use Classification is defined in the Comprehensive Plan: Suburban Residential is intended for single-family and multi -family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller, and, public water and sewer services are required or planned. Some developments may be required to construct streets to a paved standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate. This property is located off of North Forest Drive, a collector street, which provides access to multiple neighborhoods. To the south of the development are Northgate Subdivision and the Church of the Latter Day Saints. The property to the north is undeveloped. Woodland Subdivision is located across North Forest Drive. There are several institutional uses along Forest Drive that complements the existing and surrounding uses. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", several goals and objectives are met from the proposed expansion. Goal 1 — Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Resolution No. PZ2023-05 Page 3 of 4 Goal 3 — Land Use is to develop land use strategies to implement a forward -looking approach to community growth and development. Goal 5 — Provide transportation systems that are efficient and adequate to serve the regional needs of the community. Objective T-5 Transportation improvements needed to serve new developments shall be in place at the time new development impacts occur. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: City water and sewer are available to serve the proposed addition. There are adequate public services and facilities to serve the proposed expansion. North Forest is a paved and City -maintained road. Access will also be provided from Ponderosa Road, which will require a minimum 60-foot right-of-way easement on the adjacent property to meet city standards. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: An assisted living facility will not be harmful to public safety, health, or welfare. The proposed expansion does not change the existing use. The proposal provides a surplus of parking spaces and adequate landscaping that will minimize the impact to the surrounding area. The proposed addition will not negatively affect the public safety, health or welfare. 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: To minimize impact on adjacent properties with the proposed one-way access, the following conditions are added. Maintain a safe and clear passage of the 10-foot vehicle access so it remains free of obstruction and obstacles created by snow removal or the depositing of snow. Snow removal must not be pushed onto another property. Prior to building permit issuance, provide an as -built survey to Planning & Zoning Department for verification that a minimum of 20 feet width for vehicular access and buffer are provided between the south building fapade and the south property line. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Resolution No. PZ2023-05 Page 4 of 4 Section 1. That an amendment to the conditional use permits is granted to Aspen Creek Kenai LLC for the expansion of the assisted living facility on the property described as Tract 36A of Killen Estates 2014 Replat, and located at 701 N. Forest Drive. Section 2. That the amendment to the conditional use permits is subject to the original conditions in CUPs (Resolution Nos. PZ12-22 and PZ15-24) and 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. 3. Obtain a minimum 60-foot right of way easement on the adjacent property for ingress and egress from/to Ponderosa Street. 4. Prior to building permit issuance, a landscape/site plan must be reviewed and approved by the Planning and Zoning Department. 5. Maintain a safe and clear passage of the 10-foot vehicle access so it remains free of obstruction and obstacles created by snow removal or the depositing of snow. Snow removal must not be pushed onto another property. 6. Prior to building permit issuance, provide an as -built survey to Planning & Zoning Department for verification that a minimum of 20 feet width for vehicular access and buffer are provided between the south building facade and the south property line. 7. Applicant must obtain for a sign permit for the proposed monument sign. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 22ND DAY OF MARCH, 2023. JEFF TWAIT, CHAIRPERSON ATTEST: Meghan Thibodeau, Deputy City Clerk � STAFF REPORT �. PLANNING &ZONING DEPARTMENT KF-NA1 TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning DirectopA DATE: March 17, 2023 SUBJECT: Resolution No. PZ2023-05 — Conditional Use Permit Amendment — Assisted Living Facility Expansion Request The applicant is proposing to construct an addition to the assisted living facility which will consist of 15 specialized memory care units, two (2) additional assisted living suites, and several amenities. Staff Adopt Resolution PZ2023-05 approving an amendment to Conditional Recommendation Use Permits (Resolutions PZ12-22 and PZ15-24) for the expansion of the assisted living facility. Applicant Property Owners Legal Description Property Address KPB Parcel No. Lot Size Zoning Current Use Land Use Plan SUMMARY Aspen Creek Kenai LLC c/o Douglas Clegg Brooks Holding LLC and Miriam LLC Tract 36A of Killen Estates 2014 Replat 701 N. Forest Drive 04321030 Approximately 4.64 acres (202,118 square feet) Suburban Residential (SR) Assisted Living Facility Suburban Residential The subject property was granted Conditional Use Permits (CUPs) for an assisted living facility (Resolution PZ12-22 for Building 1; Resolution PZ15-24 for Building 2) located at 701 N. Forest Drive within the Suburban Residential (RS) Zoning District. Last year, a transfer of the CUPs was granted to Aspen Creek Kenai LLC. The applicant is requesting a conditional use permit amendment to join the two (2) assisted living buildings into one (1) building. The proposed addition will provide 15 specialized memory care units and two (2) assisted living suites for a total of 65 units in the new building. As stated by the applicant, several amenities will be provided to include a development center, a beauty salon, a theater/performing arts center, a gym for physical therapy, a reception center, and most importantly a memory care unit for individuals, who are aging with this disease. Setbacks The proposed addition meets the required building setbacks for the Suburban Residential (SR) zoning district. Parking/Access The proposed addition will separate the existing parking lot. The front parking lot will be dedicated for temporary and emergency vehicle parking. The main parking lot behind the proposed addition will have access from the proposed 10-foot one way access via Forest Drive and a right-of-way easement on the adjacent property to the west from Ponderosa Road. The right-of-way easement on the adjacent parcel to Ponderosa Road must maintain a minimum width of 60-feet to meet city standards. The parking requirement for an assisted living facility is one (1) space per every two (2) beds. A total of 65 units will require 33 spaces and there are 78 spaces provided. Signage The rendering drawing and site plan identify a monument sign with landscaping to be located on the east end of the porte cochere. Any signage on the property is subject to review by the City and requires a sign permit, separate from this 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 expansion is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates an assisted living facility is a conditional use; therefore, a conditional use permit may be granted for an assisted living facility. The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy, (2) To prohibit uses which would: (A) Violate the residential character of the environment, (B) Generate heavy traffic in predominantly residential areas. The proposed addition will expand the operation of the assisted living facilities with approved CUPs. There should be minimal traffic generated by the proposed addition. The proposal includes a landscape plan that will provide a separation from adjoining properties and will not violate the residential character of the area. 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. A landscaping/site plan has been submitted and will be reviewed by Planning staff for compliance. Site plan review will require an orderly and safe development as well as landscaping to provide an attractive and functional separation/screening between uses. The proposed access from Ponderosa Road may increase traffic along Ponderosa Road but it is not anticipated that the proposed expansion to an assisted living facility would generate heavy traffic. The development of the paved right-of-way easement for access via Ponderosa Road may increase the development potential of the adjacent vacant lot. Criteria 3: The proposed use is in harmony with the Comprehensive Plan. Findings: The Land Use Plan, from the 2016 RELEVENT GOALS Comprehensive Plan, identifies the subject property with the Suburban Residential (SR) land use In Imagine Kenai 2030 classification. The SR Land Use Classification is Comprehensive Plan, Chapter 6, defined in the Comprehensive Plan: "Goals, Objectives, and Implementation", several goals and Suburban Residential is intended for single-family objectives are met from the and multi -family residential uses that are urban or proposed expansion. suburban in character. The area will typically be Goal 1 — Quality of Life is to developed at a higher density, lots are typically promote and encourage quality of smaller; and, public water and sewer services are life in Kenai. required or planned. Some developments may be required to construct streets to a paved standard Objective Q-1 and larger subdivisions may be required to provide Establish siting and design sidewalks and public areas. Parks and open space standards so that development is land uses may be considered appropriate. in harmony and scale with surrounding uses. This property is located off of North Forest Drive, a Goal 3 — Land Use is to develop collector street, which provides access to multiple land use strategies to implement a neighborhoods. To the south of the development are forward -looking approach to Northgate Subdivision and the Church of the Latter community growth and Day Saints. The property to the north is undeveloped. development. Woodland Subdivision is located across North Forest Drive. There are several institutional uses along Forest Goal 5 — Provide transportation Drive that complements the existing and surrounding systems that are efficient and uses. adequate to serve the regional needs of the community. Objective T-5 Transportation improvements needed to serve new developments shall be in place at the time new development impacts occur. Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: City water and sewer are available to serve the proposed addition. There are adequate public services and facilities to serve the proposed expansion. North Forest is a paved and City -maintained road. Access will also be provided from Ponderosa Road, which will require a minimum 60-foot right-of-way easement on the adjacent property to meet city standards. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: An assisted living facility will not be harmful to public safety, health, or welfare. The proposed expansion does not change the existing use. The proposal provides a surplus of parking spaces and adequate landscaping that will minimize the impact to the surrounding area. The proposed addition will not negatively affect the public safety, health or welfare. 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: To minimize impact on adjacent properties with the proposed one-way access, the following conditions are added. • Maintain a safe and clear passage of the 10-foot vehicle access so it remains free of obstruction and obstacles created by snow removal or the depositing of snow. Snow removal must not be pushed onto another property. • Prior to building permit issuance, provide an as -built survey to Planning & Zoning Department for verification that a minimum of 20 feet width for vehicular access and buffer are provided between the south building fagade and the south property line. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use amendment 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 amendment 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 amendment 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 PZ2023-05 approving the amendment to the Conditional Use Permit, subject to the original conditions in CUPs (Resolution Nos. PZ12-22 and PZ15-24) and the following conditions: 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. Obtain a minimum 60-foot right of way easement on the adjacent property for ingress and egress from/to Ponderosa Street. 4. Prior to building permit issuance, a landscape/site plan must be reviewed and approved by the Planning and Zoning Department. 5. Maintain a safe and clear passage of the 10-foot vehicle access so it remains free of obstruction and obstacles created by snow removal or the depositing of snow. Snow removal must not be pushed onto another property. 6. Prior to building permit issuance, provide an as -built survey to Planning & Zoning Department for verification that a minimum of 20 feet width for vehicular access and buffer are provided between the south building fagade and the south property line. 7. Applicant must obtain for a sign permit for the proposed monument sign. ATTACHMENTS Aerial Map Application Project Narrative Plans Renderings it KENAI .1� N 0 Resolution No. PZ2023-05 Conditional Use Permit Amendment 701 N. Forest Drive KPB Parcel ID: 04321030 701 N FOREST DR ! ' f� O s ;k� * Owl ' w u Subject Property Y J �- EParcels �r s, a q Date Map for Reference Only NOT A LEGAL DOCUMENT 100 200 400 Fee Page 44 PA City of Kenai Planning and Zoning Department Conditional Use Permit 210 Fidalgo Avenue Kenai, AK 99611 �,. Application (907) 283-8200 plan ning@kenai.city www.kenai.city/planning Pf�q.PERT• Name: A 4 ' ri C_`cLe skc, Mailing Address: Jol City: `, QA N.. I State: k \,c JZip Code: I c1 Phone Number(s): zo +% • ces't 0 - a Qo Email: Name: a,ZSC Mailing Address: City: State: t Zip Code: Phone Number(s): S� Email: �, Gi Gtee�►c..��¢c c��.e. C�r^r T4 e nj 35 WA 10 1 aill N Eel I I• Kenai Peninsula Borough Parcel # (Property Tax ID): OotL,tl-,X�Z., Physical Address: 10\��� �'�, cZ, tG = A„ lc., a Z(.Oco\ Legal Description: 'TAT Z.cr T� 7-a Zoning: r,.r9%S*♦ 94-WC a�►.t. Acres: Ac-*.mc, CONDITIONAL USE DESCRIPTION (include site .. .. .. MEL. .: applicable) .0 How is this property currently being used?c�g�t L`�[ Conditional Use Requested for (attach additional sheets if necessary): Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: S;7 Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: "'LAC', Z.. �i`trc���jCoS �M7 "..v�t�1[ e Vj VV4 ,�Q Page 45 Use of surrounding property - north - 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: A V a*XE tom- It4(_n Are public services and facilities on the property adequate to serve the proposed conditional use? �i=-[\a.s4 l- 1 Explain how the conditional use will not be harmful to public safety, health, or welfare: 0�s%- V C5Ct44? 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? Nc— � Tt =► �-+�� � L�,�rT� � C.P � �L G_ c� p� �=,� �lZ� t�T C_,�, l-I_-rt AUTHORITY TO APPLY JOR 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 re aso . I u rstarf'that a site visit may be required to process this application. City of Kenai personnel are a thor' to es fie above -referenced property for the purpose of processing this application. Signature: ZL:Date: _act _ 7 Print Name: cc 5\& I Toe/Business: For City Llee Only DaIA Application Fee Received: PZ Resolution Number*. 3 Q� ASPEN CREEK S E N I O R L I V I N G February 27, 2023 Attention: Linda Mitchell Planning Director Regarding: Aspen Creek Senior Living Kenai proposed addition and memory care To whom it may concern: Aspen Creek Senior Living acquired Charis Place on December 31, 2021. Since that time, we have come to realize that our current physical facilities are lacking many of the amenities that are needed for our seniors to enjoy life with purpose and activity. Currently we have 24 units per building on our campus that will be joined with the proposed addition. None of these buildings contain a development center, a beauty salon, a theater/performing arts center, a gym for physical therapy, a reception center and most importantly a memory care unit for individuals who are aging with this disease. At the moment there is not a single specialized Alzheimer Dementia unit in the entire Peninsula. We are committed to solve this absence and believe that the City of Kenai is the place to provide these services for the extended needs of this Burrough. Our proposed addition is just under 14,000 square feet and contains all of the above amenities along with 15 specialized memory care units and an additional 2 assisted living suites bringing our total to 65 units for the combined building. Additional parking and access is being proposed for staffing, guests and delivery. As can be seen by our site plan, we are desiring to provide two access drives allowing traditional visitors and staff to park at the rear of the building for longer parking needs, and temporary parking within an expanded parking area adjacent to Forest Road. Buildings three and four will be dedicated for those living with us who are immobile and needing end of life care as they age in place with us. Out of necessity we are seek to complete the improvements that are shown on the attached easement by paving enough of this easement to provide improved delivery and emergency access for our fire department through Ponderosa Road on the West side of the site. We look forward to working with you and seeing this project come to its completion spring of 2024. Sincerely, Douglas B. 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MARK THE NORTH SIDE OF THE TREE THE TRINN WIRE i NS BLE Ai ME i0P N TIE NURSERY, AND ROTATE TREE D< ME ROOT BNL TREES WHERE ME TRUNK TO FACE NORM AT TIE 41E WHEN EVER FLARE IS NOT VISIBLE SHALL BE REJECTED, PoSGBLL. DO NOT COVER THE MR OF TIE ROOT REMOVE BURLAP TWNE BALL WIM SOL AND WRE BASKET FROM TOP 1/2 OF FOOTBALL. REMOYEN ALL VIALS, TES, SET TOP OF ROOT BALL 1"-2" HIGHER HIGH EARTH SAUCER D PLASTIC FROM THAN ADJACENT GRADE IN LOAMY BEYND EDGE OF ROOT BALL RO CRAII IF SYNTIETC SGLS AND 2'-T HIGHER THAN So— IS UTUZED TO ADJACENT GRADE IN CLAY SOILS. B. WRAP THE RODTBALLIT flEMOK ALL TANS, ROPE AND MRE, AND SHALL BE COMPLETELY ]" DEPTH MULCH. 00 NOT PLACE WMAP FROM TOP HALF OF ROOT BALL REMOVED. ONLY MULCH IN CONTACT WTH TREE TRUNK. BODEGRADFABIE BURLAP iF PLANT IS SHIPPED WM A WRE BASKET AROUND SHALL BE LEFT ON ME XE ROOT BALL. LOT ME WRE BASKET IN FOUR BOTTOM OF THE ROOTBALL. TAMP SOIL AROUND ROOT BALL BASE NRMLY AM FOOT PRESSURE PLACE ROOT ALL ON UNEXCAVAlEO SO MAT ROOT BALL DOES NOT SHIFT OR TAMPED SOIL. NODO NOT HEAVILY PRUNE THEE ATRMINAL PLANIING.OEPOLNE ONLY GROSSOVOF BRANCHESNLIMBS CO -DOMINANT LEADERS, AND BROKEN AND DEAD BRANCHES DO NOT PRUNE TE2, WRAP TREE TRUNKS ONLY UPON APPROVAL OF ME LANDSCAPE ARCHITECT. 3 STAKE TREES AS NECESSARY. STAKES MUST BE REMOVED MMIN 12 MUNMS OF PLANTNG. 1 TREE PLANTING DETAIL NT5 - `, ti I, :< 3 NUN. uuLgl GET TOP OF ROOT BALL FINISH GRADE "� �' C 1" ABOVE MISH GRADE =1 I AMENDED T� PLANT PIT WM BACKFLL - ANGLE O SIDES FFRTLIZER TABLETS UNDISTURBED SOIL ROOT BALL SHRUB PLANTING DETAIL J Nn <--PREVNLNG WIND DIRECTION RUBBER MUCH ilE 2' X 8" CEDAR STAKE p9_N9I PENETRATE FOOTBALL. SEE NOTE I. SET STAKES PARALLEL TO PREVNUNG MIND MULCHC3'MULCH LAYER, KEEP BANK AWAY FROM 1Po BACKFLL WM 1.1 PLANING MIX. ����TTEES5I 3X ROOTBALL DIAMETFR� F—TIIE STAKING OF TREES IS TO BE ME CONTRACTOR'S OPRON, ALL STAKING SHALL BE REMOVED AT ME END OF ME ONE YEAR WPRRANTY PERIOD RN. 2. UBBER gNCH TES !ROUND ME TREE TRUNKS AND STAKES USING EITHER THE STANDARD OR FIGURE EIGHT ttING METHOD, SECURE ME TES i0 ME STAKES WM GALVANIZED NAILS TO PREVENT SURFACE. 3. WAITER TREE PIECE WMIN ME FIRST 24 HOURS. 2 CONIFER TREE DETAIL uTs MPL 8. BARK MULCH AT RLNNFEE BEDS S 1 RI° JU' 1111 GRADE 'H1 1 TOPSOIL BOULDER PLACEMENT DETAIL tl EDGING DETAIL pT EDG � `F xn J Nn GENERAL LANDSCAPE NOTES -DESIGN REVIEW/ AGENCY SUBMITTAL 1. CONTRACTOR SHALL LOCATE AND IDENTIFY EXISTING UNDERGROUND AND OVERHEAD UTLFTES WITHIN CONTRACT WORK AREAS PRIOR TO CONSTRUCTION. CONTACT DIG LINE. INC. ® 1 800.342.1885. PROVIDE ADEQUATE MEANS OF PROTECTION OF UIUTIES AND SERVICES DESIGNATED TO REMAIN. REPAIR UTILITIES DAMAGED DURING SITE WORK OPERATIONS AT CONTRACTOR'S EXPENSE, 2, ALL PLAN MATERIAL SHALL CONFORM TO THE AMERICAN NURSERYMAN STANDARDS FOR TYPE AND SIZE SHOWN. 3. ALL TOPSOIL TO BE AMENDED AT A RATIO OF 3 CU. YDS. OF ORGANIC MATTER PER 1000 SO. FT. ROT( -ILL ORGANIC MATER INTO THE TOP 6 INCHES OF TOPSOIL. 4 ALL SHRUB BEDS SHALL HAVE A MIN 12 INCHES OF TOPSOIL, ALL PLANTER ISLANDS SHALL HAVE MIN 12' TOPSOIL AND ALL LAM AREAS SHALL HAVE MIN 6" TOPSOIL. SPREAD, COMPACT AND FINE GRADE SMOOTHLY TO 3 INCHES BELOW THE SURFACE OF WALKWAYS AND CURBS. 5. FINISH GRADES ARE TO BE SMOOTH WITH POSITIVE DRAINAGE IN ACCORDANCE WITH THE GRADING PLAN. 6. TOPSOIL SHALL BE A LOOSE. FRIABLE, SANDY LOAM, CLEAN AND FREE OF ROCKS (LARGER THAN 2 INCHES), WEEDS, ROOTS. GRASS, OR OTHER FOREIGN MATERIAL THAT IS HARMFUL TO PLANT GROWTH. TOPSOIL SHALL HAVE A PH OF 5.5 TO J.O. 7, WHERE TNG SURFACE TOPSOIL FROM SITE,E REQUIREMENTS AND AMEND AS NECESSARY. IMPORT WHEN EXISTING TOPSOIL OUANTITES ARE INSUFFICIENT. 8, IMPORTING TOPSOIL FROM OFFSITE, OBTAIN FROM LOCAL SOURCES THAT HAVE SIMILAR SOIL CHARACTERISTICS TO THE PROJECT SITE, NEW TOPSOIL MUST BE FERTILE. FRIABLE. NATURAL LOAM. REASONABLY FREE OF SUBSOIL, CLAY CLUMPS. WEEDEED FOR D ROOTER STONES LARGER THAN I INCH. PTHERESENTATVP SAMPLESSTNG AGENCYS FNOINGS ANDBE TRECOMMENDATIONSESHALL TLYBESSANDUBMITTEDGENENAL TO THE ELANDECIAPE ARCHITECT. 9, ALL PLANTED BEDS TO RECEIVE A MIN. 3' DEPTH BLACK AND TAN PERM -BARK ROCK MULCH. INSTALL A PERMEABLE FABRIC WEED BNRIER UNDER ROCK MULCH. IMPERMEABLE PLASTIC WEED BARRIERS ARE PROHIBITED. STAPLE ALL EDGES 10' MAX. 10. TREES PLANTED IN PARK STRIPS TO BE CENTERED IN STRIP, 11. NO SUBSTITUTIONS MULL BE ALLOWED WITHOUT CONSENT FROM THE LANDSCAPE ARCHITECT. 12, CONTRACTOR SHALL STAKE ALL MEES NECESSARY TO PREVENT THEM FROM BEING BLOWN OVER. 13, ALL PLANT MATERIAL SHALL BE GUARANTEED FOR ONE YEAR AFTER THE DATE OF ACCEPTANCE BY OWNER. CONTRACTOR SHALL REPLACE ALL PLANT MATERIAL FOUND DEAD UP UNHEALTHY IMMEDIATELY WITH ME SAME SIZE AND SPECIES AT NO COST TO THE OWNER, 14. FERTILIZE ALL TREES WITH 'AGRIFORM' PLANING TABLETS. FOLLOW MANUFACTURER'S RECOMMENDATIONS, 15, CON ACTOR IS CREATEFROEMPONSIBLEE OR THE IMMEDIATE CLEANLANDSCAPE CONSTRUCTIONOUP OF ANY TOPSOIL OR OTHER DEBRIS ON SITE 1 d o z BAER o greg@baerdg.com Ph. 208.859.1980 cUCAD �Jrn Q Q C0 Q C Y � C d Y LLI .? � Y o N � � UUa c i o Q `Q z V/ C] Cn Q U (f) (n J U Q) 0 U U) Crwn yone. R tM1a M W L1.1 ------------------- WE C3 m o m m m m �I _ - — —iaJ. m II mmoo------m EAST ELEVATION -MAIN =LU m II.:: .II ��_�� ■ :nn:::.��;. m mm L �::..;���1 ���i�1.:,..::., ::::.;, n o. II:::.::II l.................................�1— .. UJ LU - ■s��r m EAST ELEVATION - MAIN EN �� m 11111 AO _ Ill -men I� �.��� �■ :�. IIII �',:� m �IC;IIII,II"IIIIIIIIIIIII"��III I h��IIIIIII III"�I IIIIIIIIIIIII'��I IIII IIII"� IIIII IIIII"�� IIIILII� . - -=== M Page 54 I WEST ELEVATION - COURTYARD va - SOUTH ELEVATION -BLDG 1 I+1a' = SOUTH ELEVATION - BLDG 2 +N<' _ +'-03 G Da N � Q Y z Lu W U I°L I zL W C I az as WEST ELEVATION - MC BLDG a MEMOR ELWAnON KEYNOTES y S 12 wn coa y ranwuxoumucs.rurrtrorura eoortevx co. oEtturnr aro mnrw w�mrvs r cs. xuw renew w000 muss, nu'mnno sumo, scc smunuuc 8 �, ewwmeuswvrscu Ezterlor BuOAlnp � Elevations wawmcrx.+raa 3 5, o A5.2 C l J -j 1� K E NA City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Chair Twait and Planning and Zoning Commission Members FROM: Shellie Saner, City Clerk DATE: February 21, 2023 SUBJECT: Recommending City Council Approval of the Student Representative Policy No. 20.100 The Student Representative to City Council Policy was adopted in 2005 and last amended in 2010. The Student Representative to the Parks and Recreation Commission was adopted in 2018-03 and last amended in 2020. The proposed amendment would be to repeal both the City Council and Parks and Recreation Commissions Student Representative Policies and adopt one Student Representative Policy that would be applicable to all boards, commissions, committees and councils of the City of Kenai. This has been forwarded for recommendation from your commission. Your commission may recommend adoption of the policy or fail to recommend adoption of the policy. In addition, your commission may propose additional amendments to the policy. The list below identifies changes that were made from the existing policies. • Purpose and scope of the policy were expanded to provide clarity regarding the purpose of a student representative. • Previously the policy required students attend Kenai Central High School. The new policy would remove that requirement and allow Juniors and Seniors applicants from all schools within Kenai City Limits. • Preference is given for students who are members of Leadership Groups or the Student Council. This ensures the ability for a student to report back to the school the actions or issues that are affecting students. • The term of the student representative was reduced to 1-year terms to ensure an opportunity for more students to participate as well as consider their academic and athletic schedule when committing to the service. • The student representative will no longer be in rotation of the roll call and will now be called last, this takes into consideration that sometimes the issues before the commission may be controversial and that the students vote is advisory only. • Previously the Parks and Recreation Commission Student Representative was required to reside within the Kenai City Limits, the new policy will allow non-residents attending a school within the city limits to participate as student representative to boards, commissions, committees and the Council on Aging. There are provisions within Kenai Municipal Code that allow a certain number of non-residents as members of various boards and commissions. Note: Student Representatives to City Council will still be required to be residents of the City, which is the same requirement that applies to the Mayor and City Council Members. Page 56 KENAI Page lof2 CITY COUNCIL - 20.100 STUDENT REPRESENTATIVE Effective Date: February 15, 2023 Last Approved Date: April 19, 2023 See Also: PRO-20.100; TSK-20.100 Approved by: City Council POLICY - 20.100 Student Representative Policy Ourposei Commented [SS1]: Purpose and Scope have been The purpose of this policy is to provide an opportunity for student representation to the various governmental expanded to provide a broader idea of why Student body of the City of Kenai. The policy provides an opportunity for students to develop and strengthen leadership Representation is important. skills by connecting with the various governmental bodies of the City of Kenai and assisting fellow students with having their voices heard. Scope The Student Representative is a vital channel of communication between the students and the governmental bodies of the City of Kenai and has a variety of important roles and responsibilities, including representing the views of students on matters of concern to students; as time allows, participation in other events attended by the governmental body; and increased student involvement in matters affecting students. The appointed student acts as a representative leader of the student body. It is important to seek out and consider student ideas, viewpoints and reaction to City decisions and policies affecting students. In order to provide student input and involvement, the Kenai City Council may appoint a Student Representative and an Alternate Student Representative to the various governmental bodies of the City as it deems necessary. 1. Must be a Junior or Senior in good standing at a school within the Kenai City Limits. 2. Residency Requirements are as follows: a. City Council Student Representatives must reside within the Kenai City limits. b. Student Representatives to the Council on Aging, Airport Commission, Harbor Commission, Parks and Recreation Commission, Planning and Zoning Commission or Beautification Committee may but are not required to reside within Kenai City limits. 3. lPreferencel will be given to students who are active members of a School Leadership Group or the Student Council. 4. Must obtain approval from the school administration and their parent or legal guardian. 5. If multiple applications are received for the same governmental body, the Mayor may select one applicant for appointment. Requirements of Student Representatives 1. Attend and participate in all meetings and work sessions of the governmental body in which the student is appointed to while school is in session, unless excused by the Mayor or Mayors designee. 2. Act as a communication liaison between the governmental body and students by reporting to the students the activities of the governing body; and, providing information and feed back to the governing body on policies and issues affecting the students. 3. Conduct themselves in proper business etiquette when acting as a Student Representative. 4. Should have an interest in public service and utilize this appointment as a way to develop leadership skills. 20.100 City Council Student Representative Policy Page 1 of 2 Commented [SS2]: Previously the Council Policy required students attend KCHS. In 2020 the Parks and Recreation Commission did a very thorough review of their policy and amended it to allow students from other schools within the City. Commented [SS3]: Qualifications for Student Reps to Council requires City residency (same as required for Council Members) Qualifications for Student Reps to other bodies does not require City residency (same as required for those bodies) Commented [SS4]: One of the primary purposes of a Student Rep is to be a communication liaison between the City Council and the students. Students who are part of the leadership groups from their schools will have a better ability to report to the students. Limitations of Student Representatives 1. appointments are for 1-Year terms beginning in early September of each year and ending in August of the following year. 2. May not move or second items during a meeting. 3. May cast advisory votes on all matters except those subject to executive session discussions; however, the advisory vote will not affect the outcome, the advisory vote will be recorded in the meeting minutes, and the student vote will be last in the roll call order. Brian Gabriel Sr., Mayor ATTEST: Shellie Saner, MMC, City Clerk Student Representative Policies History: Action Approval 0311612005; Action Approval 0910112010; Resolutions 2018-03; 2020-61; and, 2023- XX 20.100 City Council Student Representative Policy Page 2 of 2 Commented [SSS]: Limiting the term to 1-year, will allow the students who apply to review the meeting schedule and any potential conflicts with their academic, athletic or personal schedules. It will also provide more students with the opportunity serve as students reps. Commented [SS6]: This is a change, Council may be voting on very controversial items and allowing the student to vote last will reduce the pressure on the student, as well as provide a more clear role to observers that the vote is in fact advisory only and does not impact the outcome. [CITY COUNCIL STUDENT REPRESENTATIVE POLICY. NOT NUMBERED. IT IS IMPORTANT TO SEEK OUT AND CONSIDER STUDENTS' IDEAS, VIEWPOINTS AND REACTIONS TO CITY DECISIONS AND POLICIES AFFECTING STUDENTS. IN ORDER TO PROVIDE STUDENT INPUT AND INVOLVEMENT, THE KENAI CITY COUNCIL MAY APPOINT A STUDENT REPRESENTATIVE AND AN ALTERNATE STUDENT REPRESENTATIVE AS IT DEEMS NECESSARY. LIMITATIONS, QUALIFICATIONS AND REQUIREMENTS: 1. THE STUDENT MAY CAST ADVISORY VOTES ON ALL MATTERS EXCEPT THOSE SUBJECT TO EXECUTIVE SESSION DISCUSSION. ADVISORY VOTES SHALL BE CAST IN ROTATION WITH THE OFFICIAL COUNCIL VOTE AND SHALL NOT AFFECT THE OUTCOME OF THE VOTE. ADVISORY VOTES SHALL BE RECORDED IN THE MINUTES. STUDENT REPRESENTATIVES MAY NOT MOVE OR SECOND ITEMS DURING A COUNCIL MEETING. 2. THE STUDENT(S) SHALL BE RESIDENTS OF THE CITY OF KENAI. 3. THE STUDENT(S) SHALL BE A JUNIOR OR SENIOR IN GOOD STANDING AT KENAI CENTRAL HIGH SCHOOL. 4. THE STUDENT(S) SHALL BE ELECTED BY THE STUDENT COUNCIL OF KENAI CENTRAL HIGH SCHOOL AND SUBJECT OF APPROVAL OF THE KCHS ADMINISTRATION. 5. THE STUDENT(S) SHALL ATTEND ALL CITY COUNCIL MEETINGS AND WORK SESSIONS, UNLESS EXCUSED BY THE MAYOR. THE ALTERNATE SHALL ATTEND MEETINGS IN THE ABSENCE OF THE STUDENT REPRESENTATIVE. 6. THE STUDENT(S) SHOULD HAVE A LONG-TERM INTEREST IN PUBLIC SERVICE/ 7. THE STUDENT(S) SHOULD GIVE FEEDBACK TO COUNCIL MEMBERS ABOUT POLICIES IMPACTING YOUNG PEOPLE. 8. THE STUDENT(S) SHOULD USE THIS OPPORTUNITY AS A WAY TO DEVELOP LEADERSHIP SKILLS. 9. THE STUDENT(S) WILL COMMUNICATE WITH STUDENT COUNCIL MEMBERS AT KENAI CENTRAL HIGH SCHOOL TO PROVIDE INFORMATION AND SEEK FEEDBACK FROM OTHER STUDENTS ON CITY ISSUES AFFECTING YOUNG PEOPLE AND COPIES OF ALL WRITTEN REPORTS REGARDING THEIR SERVICE BE PROVIDED TO THE KENAI CITY COUNCIL THROUGH THE CITY CLERK'S OFFICE.] Action Approval Dates: 03116105; 0910112010 [PARKS AND RECREATION COMMISSION STUDENT REPRESENTATIVE POLICY. POLICY N0.2018-01 PURPOSE THE PURPOSE OF THIS POLICY IS TO PROVIDE FOR A STUDENT REPRESENTATIVE FOR THE PARKS AND RECREATION COMMISSION. SCOPE THIS POLICY APPLIES TO THE PARKS AND RECREATION COMMISSION AND ALL STUDENT REPRESENTATIVES APPOINTED TO THE PARKS AND RECREATION COMMISSION. POLICY IT IS IMPORTANT TO SEEK OUT AND CONSIDER STUDENTS' IDEAS, VIEWPOINTS AND REACTIONS TO PARKS AND RECREATION DECISIONS. IN ORDER TO PROVIDE STUDENT INPUT AND INVOLVEMENT, THE MAYOR OF THE CITY OF KENAI, MAY APPOINT A STUDENT REPRESENTATIVE TO THE PARKS AND RECREATION COMMISSION AND THE STUDENT REPRESENTATIVE MAY PARTICIPATE IN THE PARKS AND RECREATION COMMISSION MEETINGS PURSUANT TO THE FOLLOWING: 1. LIMITATIONS, QUALIFICATIONS, AND REQUIREMENT Page 59 A. THE STUDENT MAY CAST ADVISORY VOTES ON ALL MATTERS EXCEPT THOSE SUBJECT TO EXECUTIVE SESSION DISCUSSION. ADVISORY VOTES SHALL BE CAST IN ROTATION WITH THE OFFICIAL COMMISSION VOTE AND SHALL NOT AFFECT THE OUTCOME OF A VOTE. ADVISORY VOTES SHALL BE RECORDED IN THE MEETING SUMMARIES. STUDENT REPRESENTATIVES MAY NOT MOVE OR SECOND ITEMS DURING A COMMISSION MEETING. B. THE STUDENT SHALL BE A KENAI RESIDENT AND A JUNIOR OR SENIOR IN GOOD STANDING WITH THE SCHOOL ADMINISTRATION. C. THE STUDENT SHALL BE APPROVED BY SCHOOL ADMINISTRATION; IF MULTIPLE APPLICATIONS ARE RECEIVED, THE MAYOR MAY SELECT AN APPLICANT FOR APPOINTMENT. D. THE STUDENT SHALL ATTEND ALL PARKS AND RECREATION COMMISSION MEETINGS AND WORK SESSIONS, UNLESS EXCUSED BY THE PARKS AND RECREATION DIRECTOR. E. THE STUDENT SHOULD HAVE AN INTEREST IN PUBLIC SERVICE. F. THE STUDENT SHOULD USE THIS OPPORTUNITY AS A WAY TO DEVELOP LEADERSHIP SKILLS. G. THE STUDENT WILL COMMUNICATE WITH OTHER STUDENTS TO PROVIDE INFORMATION AND SEEK FEEDBACK FROM OTHER STUDENTS ON PARKS AND RECREATION ISSUES AFFECTING YOUNG PEOPLE.] Policy History: Resolution No.'s 2018-03; 2020-61 Z� KENA City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Chair Twait and Planning and Zoning Commission Members FROM: Shellie Saner, City Clerk DATE: February 21, 2023 SUBJECT: Recommending City Council Approval of Amendments to the City Council Procedures for Commissions Committees and Council on Aging Policy No. 2016-01 City Council Policy No. 2016-01 was originally adopted in 2014, since adoption the policy has been amended on multiple occasions with the last amendments made in 2019. The proposed amendments to the policy have been forwarded for recommendation from your commission. Your commission may recommend adoption of the proposed amendment or fail to recommend adoption of the proposed amendments. In addition, your commission may propose additional amendments. Below is an outline of the amendments as currently proposed: • The scope of the policy has been expanded to include references to code sections that area applicable to each commission. • The amendment to paragraph 3.b. at the request of the Airport Manager would move Airport Commission meetings from City Hall Council Chambers to the Conference Room of the Kenai Municipal Airport terminal building. • The amendment to paragraph 3.c. would remove the specific times for each commission meeting from the policy. Meetings schedules and times would still require Council approval. • The amendments to paragraph 3.e. will include rescheduling meetings for the occasion when a meeting may be rescheduled instead of cancelled. • The amendment to paragraph 4.b. would change the type of minutes kept for commissions from Summary minutes to Action minutes. Action minutes capture what was done, not what was said. When acting as an advisory body recommendation that were acted on and approved by the majority of the body are the ones that should be forwarded and considered by the City Council. Exception: Summary minutes will be produced for the Planning and Zoning Commission when they are acting on quasi-judicial items. • The amendments to paragraph 6.b. clarify that actions of the commission must be relevant to the authority of the commission. • Newly inserted paragraph j. clarifies the role of commissioners and that they may only speak on behalf of the commission when authorized to do so by a majority vote of the commission. • The amendments to Section 7 expand and clarify the role of the Council Liaison as well as the role of a Council Member when attending a meeting as a sponsor to a legislative item. Page 61 KENAI Page lof4 CITY COUNCIL - 20.020 [2016-01] COMMISSIONS, COMMITTEES AND COUNCIL ON AGING PROCEDURES Effective Date: March 5, 2014 Last Approved Date: April 19, 2023 See Also: PRO-20.020 TSK-20.020 Approved by: City Council POLICY - 20.020 Commissions, Committees and Council on Aging Procedures Purpose The purpose of this policy is to establish procedures, other than those provided in KMC 1.90, for Commissions, Committees and Council on Aging. This policy applies to all advisory bodies appointed by the City Council. In addition to this policy the following Kenai Municipal Code (KMC) provisions are applicable: Airport Commission is also regulated by KMC 21.20 Harbor Commission is also regulated by KMC 11.10 Parks and Recreation Commission is also regulated by KMC 19.05 [THE] Planning and Zoning Commission is also regulated by KMC 14.05. Policy 1. Appointment and Reappointments a. An application for consideration of appointment or reappointment to a Commission, Committee or Council on Aging must be submitted to the City Clerk. b. The Mayor nominates an applicant for appointment or reappointment and by motion, the City Council confirms. 2. Establishing Subcommittees a. A subcommittee of a commission or committee may be established for a specific function upon approval of Council. 3. Meeting Schedules a. Commission, Committee and Council on Aging meeting schedule is as follows: Commission / Committee / Council Meeting Schedule Scheduled Meeting Days on Aging Airport Commission Monthly Second Thursday of the month Beautification Meetings held January, April, Second Tuesday of the month May, September and October Council on Aging Monthly Second Thursday of the month Harbor Commission Meetings held February, March, First Monday after first Council April, May, June, August, meeting of the month September and November Library Commission (Suspended as of 2015, Ordinance No. 2815-2015) Commented [SS1]: The scope was expanded to reference the code sections that exist and are applicable to certain commissions. There are no code provisions for the Beautification Committee. Parks & Recreation Commission Monthly, except for July First Thursday of the month Planning & Zoning Commission Twice monthly Second & fourth Wednesday b. All regular meetings will be held in the Kenai City Hall Council Chambers with the exception of the Council on Aging who shall meet at the Senior Center bndl the Airport Commission who shall meet In the Commented [SS2]: This proposed amendment was Conference Room of the Kenai Municipal Airport terminal building, unless offsite arrangements are requested by the Airport Manager. approved by the Clerk. Exceptions for subcommittee meetings may be made with the advance notice of the City Clerk. c. ([REGULARLY SCHEDULED MEETINGS SHALL BEGIN AT 7:00 P.M. UNLESS OTHERWISE APPROVED BY COUNCIL VIA MOTION, WITH THE EXCEPTION OF THE COUNCIL ON AGING, WHICH BEGINS AT 4:30 P.M.] Regularly scheduled meeting times will be approved by Council. d. Commissions, Committees and Council on Aging may, with the City Clerk's approval and notification to Council and the City Manager, hold special meetings (for a specific purpose) on an as -needed basis. e. Commissions, Committees and Council on Aging meetings may be cancelled br rescheduled) by the City Clerk, with notification to Council and the City Manager, if cancellation or rescheduling is warranted, i.e. Lack of agenda items, pre -knowledge of lack of a quorum, etc. f. Any additional commissions or committees established will be set and incorporated into the meeting schedule by the City Council. 4. Minutes & Meeting Recordings a. With exception of the Planning & Zoning Commission, taking notes and electronically recording meetings shall be the responsibility of department liaison to the specific meeting body. The Clerk's Office shall take notes and record the meeting for the Planning and Zoning Commission. b. [SUMMARY] KCtj0n minutes will be produced by the Clerk's Office from the department liaisons notes and provided to the City Council as official records of the meetings. Summary minutes will be produced by the Clerk's Office for Planning and Zoning Commission items when the item is quasi-iudicial. c. Regularly scheduled meetings shall be electronically recorded and with the exception of Planning & Zoning Commission, shall be kept for two years. d. Planning & Zoning Commission meeting recordings shall be kept for 6 years. S. Work Sessions a. Work sessions may not be held without the approval of the City Clerk unless they occur on the night of and at the time of a regularly scheduled advertised meeting. Notification of scheduled work session shall be provided to City Council and the City Manager. Work session may be requested by Council, the liaison or Chair of the body. b. During work sessions, only items on the work session agenda may be discussed and no formal actions may be taken. c. At a minimum, work sessions shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least five days prior to the meeting. 6. Basic Meeting Information 20.020 Commissions, Committees and Council on Aging Procedures Page 2 of 4 Commented [SS3]: The information in the current policy is incorrect. Removing the specific times from the policy; however, establishing that changes in the times are approved by Council will eliminate the possibility of this policy having incorrect information in it. Commented [SS4]: There are occasions when meetings are not cancelled, just rescheduled. Including "or rescheduled" would include steps already being taken. Commented [SSS]: Roberts Rules of Order establishes that minutes capture what was done, not what was said. When acting as an advisory body, the opinions and recommendations that were acted on and approved by the majority or disapproved by the majority, are the recommendations that should be considered by the Council. It is my recommendation when acting in an advisory capacity the minutes kept be "Action Minutes", not summary minutes. When acting in a quasi-judicial role, summary minutes will be taken; however, it would be in the best interest in quasi-judicial hearings to also clearly adopt findings that support their decisions. a. All meetings shall be open to the public. b. At a minimum, meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least five days prior to the meeting. c. Meeting agendas shall be established by the Chair and the department liaison land) shall be relevant to the -- Commented [SS6]: It is important to keep the City of authority of the board, commission or committee as designated within the bylaws or Kenai Municipal Code. Kenai bodies and staff on task, including this in the Items requiring Committee, Commission or Council on Aging action under applicable municipal code prior policy ensures that body is acting on matters that the to final action by the Council, as distinguished from advisory recommendations, will be referred to the City Council has given them authority to act on. respective body prior to any final Council action. The City Council, by motion, may refer any other item to be placed on an agenda seeking a recommendation from the respective Committee, Commission, or Council on Aging. d. The department liaison shall submit items for the agenda and supporting documentation to the Clerk's Office one week prior to a meeting, no later than 2:00 p.m. The Clerk's Office will compile meeting material and distribute. The Planning & Zoning Commission is exempt from this requirement as the Planning Department advertises, compiles meeting material and distributes for its commission. e. Rules of Order: Pursuant to KMC 1.15.120(b) and KMC 1.90.050(c), in all matters of parliamentary procedure, Robert's Rules of Order, as revised shall be applicable and govern all meetings, except as specified in KMC 1.15.060 (Motions), KMC 1.15.100 (Speaking), and KMC 1.15.110 (Voting). f. Quorum: No meeting may proceed in the absence of a quorum, i.e. a quorum is more than one-half of the board/commission (quorum of the whole). g. Motion: Pursuant to KMC 1.15.060(k), all motions require a second. A majority of votes is required to pass a motion. h. Speaking: In a meeting, members should be recognized by the Chair before speaking. i. When is it a Meeting: If any public business is discussed collectively by four or a majority of members of one body. lRepresentation of the bod�: Members of a City of Kenai Board, Commission. Committee or Council on Aging may only speak on behalf of the body when approved to do so by a majority vote of the body: at which time their basic resoonsibility is to carry out the bodv's directives identified within motion as approved. 7. Council Participation a. Any Council Member may attend a meeting or work session of any Commission, Committee or the Council on Aging:Ihowevelr, no more than three Council Members may attend any one meeting without additional public notice. b. Only the Council Liaison to the respective, Commission, Committee or Council on Aging may speak on behalf of the Council if approved to do so by a majority vote of the City Council. [PARTICIPATION BY COUNCIL MEMBERS AT COMMISSION, COMMITTEE OR COUNCIL ON AGING MEETINGS SHOULD BE LIMITED TO INTRODUCTION OF LEGISLATION BY ONE COUNCIL LEGISLATIVE SPONSOR. PARTICIPATION BY ANY OTHER COUNCIL MEMBERS, WRITTEN OR ORAL, IS DISCOURAGED.] Participationl of the Liaison at Commission. Committee and Council on Aging meetings is limited to updating the body on the actions of the Council and reporting back to the Council the actions of the Commission. Committee or Council on Aging. The Liaison is a non -voting member and does not participate in the debate of an advisory body. c. Participation by Council Members other than the Liaison should be limited to ONE Council Member who is a sponsor of a legislative item to be considered for recommendation from the advisory bodv. The 20.020 Commissions, Committees and Council on Aging Procedures Page 3 of 4 Commented [SS7]: This addition is important in establishing each members role to the body they have been appointed to; if speaking on behalf of the body, a member must receive direction from a majority of the body to do so. This would not prevent a member from providing comments on a subject to the council as an individual, they would just need to make it clear they are speaking as an individual and do not represent the opinions of the body they serve on. Commented [SS8]: More than three would be a quorum, and a violation of the State of Alaska Open meetings act. Commented [SS9]: Neither Council Liaison or a Council Member who sponsored a legislative item should influence the direction in which an advisory body is going to advise. The Council members (Liaison or legislative sponsor) will have the opportunity to debate the issue when it is before the City Council. Page 4 sponsors participation should be limited to three -minute testimony and answering questions from the body, the sponsor of the legislation will not participate in debate of the advisory body. When speaking to the advisory body as the legislate sponsor the following additional rules apply: i. The legislative sponsor will not testify from the Dais, testimony from the sponsor shall be made from the area designated for public comment. ii. If the legislative sponsor is the Liaison to the advisory body, the legislative sponsor will remove themselves from the dais and seat themselves in the public area of the chambers. The legislative sponsor will remain in the public seating area during the discussion, debate and voting on the Legislative item in which they sponsored. Exception: Council Members may fully participate in any joint work session or other meeting with a Commission, Committee, or the Council on Aging when it has been noticed that the City Council will be in attendance, or there has been a specific delegation of authority by the Council for a member(s) to represent the Council. Brian Gabriel Sr., Mayor ATTEST: Sheltie Saner, MMC, City Clerk Policy History: Action Approval on 08-04-2004; R2017-24; R2018-19; 2019-03; 2023-XX Note: Between 2004 and 2017 other amendments to the policy were made through the action approval process. 20.020 Commissions, Committees and Council on Aging Procedures Page 4 of 4 J Kenai City Council - Regular Meeting March 01, 2023 — 6:00 PM Kenai City Council Chambers Kr � � I 210 Fidalgo Avenue, Kenai, Alaska LC **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) Rasmussen Foundation/State of Alaska Broadband Access and Digital Equity Across Alaska, Associate Emily Pape, MMP of Kallander & Associates. C. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS ENACTED UNANIMOUSLY. Ordinance No. 3336-2023 - Accepting and Appropriating an American Rescue Plan Act Grant Passed through the State of Alaska Department of Health and Social Services for Kenai Senior Center Expenditures in Support of its Response to the COVID- 19 Public Health Emergency. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3337-2023 - Accepting and Appropriating an Increase from the Kenai Peninsula Borough for the Senior Citizen Program Grant. (Administration) 3. ADOPTED UNANIMOUSLY. Resolution No. 2023-16 -Amending the Employee Classification Plan by Removing the Data Entry Clerk, Consolidating the Meals Driver and Driver Classes, and Adjusting the Ranges of Driver, Kitchen Assistant, and Cook Positions at the Kenai Senior Center. (Administration) 4. ADOPTED UNANIMOUSLY. Resolution No. 2023-17 - Authorizing the Use of the Fleet Replacement Fund for the Purchase of Equipment to Upfit Four New Police Vehicles and Authorizing the Sole Source Purchase of a Portion of the Items from Alaska Safety Inc. Utilizing the Contract of Another Government Agency in which the City is Authorized to Participate. (Administration) Kenai City Council - Regular Meeting Page 1 of 3 March 01, 2023 Page 66 5. ADOPTED UNANIMOUSLY. Resolution No. 2023-18 - Renumbering Kenai City Council Supervisory Sub -Committee Policy No. 2017-02 to Policy No. 20.230. (City Clerk) 6. ADOPTED UNANIMOUSLY. Resolution No. 2023-19 - Authorizing the Purchase of Real Property Described as Lots 8 and 9, Block 19, of the Original Townsite of Kenai, According to US Survey 2970B, Record of the Kenai Recording District, Third Judicial District, State of Alaska, and Designated as Kenai Peninsula Borough Parcel Number 04710308 from Billy McCann Et Al. and Glenda Sterling, 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. ADOPTED UNANIMOUSLY. Resolution No. 2023-20 - Authorizing a Budget Transfer in the Visitor Center Improvement Capital Project Fund and Authorizing a Contract Award and Corresponding Purchase Order for the Visitor Center Roof Replacement Project. (Administration) 8. ADOPTED UNANIMOUSLY. Resolution No. 2023-21 - Authorizing a Contract Award and Corresponding Purchase Order for the Green Strip Playground Equipment Project. (Administration) E. MINUTES *Regular Meeting of February 15, 2023. (City Clerk) F. UNFINISHED BUSINESS ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3332-2023 - Amending Kenai Municipal Code Section 3.10.070-Livestock within the City Limits, to Allow a Maximum of Twelve (12) Chicken Hens to be Kept on Certain Lots Less than 40,000 Square Feet within the City of Kenai. (Douthit and Winger) [01104123 Introduced by Council; Referred for recommendation to the 01125123 Planning and Zoning Commission Meeting; First Public Hearing by Council Scheduled for 02101123; 02101123 Referred to the Planning & Zoning Commission for a Work Session; Second City Council Public Hearing Scheduled for March 1, 2023.] G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Non -Objection to the Renewal of a Retail Marijuana Store License for Cook Inlet Cannabis Co., DBA: East Rip - License No. 13382. (City Clerk) 3. *Action/Approval - Non -Objection to the Renewal of a Marijuana Product Manufacturing Facility License for Herban Extracts LLC., DBA: Herban Extracts LLC. - License No. 14432. (City Clerk) 4. *Action/Approval - Non -Objection to the Renewal of a Retail Marijuana Store License for KRC LLC., DBA: Kenai River Cannabis. - License No. 17808. (City Clerk) 5. *Action/Approval - Non -Objection to the Renewal of a Retail Marijuana Store License and a Standard Marijuana Cultivation License for Majestic Gardens LLC., DBA: Majestic Gardens LLC. - License No.'s 15393 and 15395. (City Clerk) 6. *Action/Approval - Non -Objection to the Renewal of a Beverage Dispensary Liquor License for D & E Investments Inc., DBA: The Bow - License No. 1312. (City Clerk) Kenai City Council - Regular Meeting Page 2 of 3 March 01, 2023 Page 67 7. *Action/Approval - Non -Objection to the Transfer of Ownership of a Beverage Dispensary Liquor License and Restaurant Designation Permit for Solitaire LLC., DBA: Pizza Paradisos - License No. 3032. (City Clerk) 8. *Ordinance No. 3338-2023 -Amending Kenai Municipal Code Chapter 1.15 -Rules of Order, to Allow Approval of the Agenda and Consent Agenda in One Motion, Remove Sections that May Conflict with the State of Alaska Open Meetings Act, and Remove any Rules that are Standard Rules as Established in Roberts Rules of Order. (City Clerk) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 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 1. Resolution No. 2023-15 - Amending the City Council Selecting and Appointing a Qualified Person or Persons to Fill Vacancies on the City Council Policy No. 2021-01 and Renumbering and Renaming to City Council Policy No. 20.220 - Filling Council Vacancies by Appointment. (City Clerk) [Postponed to the March 15, 2023 Regular City Council Meeting] N. ADJOURNMENT O. INFORMATION ITEMS 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:Hus02web.zoom.us/i/83177161203 Meeting ID: 831 7716 1203 Passcode: 166921 Kenai City Council - Regular Meeting March 01, 2023 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 831 7716 1203 Passcode: 166921 Page 3 of 3 J Kenai City Council - Regular Meeting March 15, 2023 — 6:00 PM Kenai City Council Chambers Kr � � I 210 Fidalgo Avenue, Kenai, Alaska LC **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 ENACTED WITHOUT OBJECTION. Ordinance No. 3338-2023 — Amending Kenai Municipal Code Chapter 1.15 - Rules of Order, to Allow Approval of the Agenda and Consent Agenda in One Motion, Remove Sections that May Conflict with the State of Alaska Open Meetings Act, and Remove any Rules that are Standard Rules as Established in Roberts Rules of Order. (City Clerk) 2. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-22 - Authorizing a Budget Transfer in the Water & Sewer Capital Project Fund, Public Works Department — Water Division for Additional SCADA Related Services. (Administration) 3. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-23 - Requesting State of Alaska Funding Support for the Wildwood Drive Rehabilitation Project. (Administration) E. MINUTES *Regular Meeting of March 1, 2023. (City Clerk) F. UNFINISHED BUSINESS ADOPTED WITHOUT OBJECTION AS AMENDED BY SUBSTITUTE. Resolution No. 2023- 15 - Amending the City Council Selecting and Appointing a Qualified Person or Persons to Fill Vacancies on the City Council Policy No. 2021-01 and Renumbering and Renaming to City Council Policy No. 20.220 - Filling Council Vacancies by Appointment. (City Clerk) (Clerk's Kenai City Council - Regular Meeting Page 1 of 3 March 15, 2023 Page 69 Note: At the February 15, 2023 City Council Meeting, this Resolution was Postponed to this Meeting; a Motion to Adopt is on the Floor.] • Substitute Resolution No. 2023-15- Repealing City Council Policy No. 2021-01 -Selecting and Appointing a Qualified Person to Fill Vacancies on the City Council and Adopting City Council Policy No. 20.220 - Filling Council Vacancies by Appointment. (Gabriel and Baisden) G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Non -Objection to the Renewal of a Limited Marijuana Cultivation Facility for Jennifer Huffman DBA: Grateful Bud LLC., - License No. 16474. (City Clerk) 3. *Action/Approval - Non -Objection to the Renewal of a Marijuana Product Manufacturing Facility License and a Standard Marijuana Cultivation License for Red Run Cannabis Cultivators, LLC., DBA: Red Run Cannabis Cultivators, LLC. - License No.'s 19372 and 10052; and a Retail Marijuana Store License for Red Run Cannabis Company, LLC., DBA: Red Run Cannabis Company, LLC. — License No. 10056 (City Clerk) 4. APPROVED WITHOUT OBJECTION AS AMENDED. *Action/Approval - Special Use Permit to Rebecca Boettcher, DBA: The Fishing Grounds, LLC for Operation of a Snack/Gift Shop Inside the Kenai Municipal Airport. (Administration) 5. *Action/Approval - Special Use Permit to Pacific Star Seafoods, Inc. for On or Off Loading Fish at the Kenai Municipal Airport. (Administration) 6. *Ordinance No. 3339-2023 - Accepting and Appropriating Donations to the Kenai Animal Shelter for the Care of Animals. (Administration) 7. *Ordinance No. 3340-2023 - Accepting and Appropriating a Grant Received through Maddie's Fund to the Kenai Animal Shelter for the Care of Animals. (Administration) 8. *Ordinance No. 3341-2023 - Accepting and Appropriating a Donation to the Kenai Senior Center. (Administration) 9. APPROVED WITHOUT OBJECTION. Action/Approval - Approving a Memorandum of Agreement for the Use of the Alaska Regional Aircraft Fire Training Center for the Calendar Year 2023. (Administration) 10. APPROVED WITHOUT OBJECTION. Action/Approval - Issuing a Letter of Support for the Challenger Learning Center of Alaska's Request for Funding. (Administration) 11. Discussion — Scheduling Council Employee Evaluations. (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 REPORT OF THE MAYOR Kenai City Council - Regular Meeting Page 2 of 3 March 15, 2023 Page 70 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 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/i/89054304153 Meeting ID: 890 5430 4153 Passcode: 616083 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 890 5430 4153 Passcode: 616083 Kenai City Council - Regular Meeting Page 3 of 3 March 15, 2023 Page 71 Kenai Peninsula Borough 166p, Meeting Agenda 0RQVG Planning Commission 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 144 North Binkley Street Soldotna, AK 99669 Monday, February 27, 2023 7:30 PM Betty J. Glick Assembly Chambers Zoom Meeting ID: 907 714 2200 The hearing procedure for the Planning Commission public hearings are as follows: 1) Staff will present a report on the item. 2) The Chair will ask for petitioner's presentation given by Petitioner(s) / Applicant (s) or their representative — 10 minutes 3) Public testimony on the issue. — 5 minutes per person 4) After testimony is completed, the Planning Commission may follow with questions. A person may only testify once on an issue unless questioned by the Planning Commission. 5) Staff may respond to any testimony given and the Commission may ask staff questions. 6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence. 7) The Chair closes the hearing and no further public comment will be heard. 8) The Chair entertains a motion and the Commission deliberates and makes a decision. Printed on 212412023 Planning Commission Meeting Agenda February 27, 2023 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 4. Plats Granted Final Approval (KPB 20.10.040) 5. Plat Amendment Request 6. Commissioner Excused Absences 7. Minutes KPB-4958 February 13, 2023 Planning Commission Meeting Minutes Attachments: C7. 021323 PC Meeting Minutes Draft D. OLD BUSINESS E. NEW BUSINESS F. PLAT COMMITTEE REPORT G. OTHER Printed on 212412023 Planning Commission Meeting Agenda February 27, 2023 KPB-4957 Discussion On Planning Commission Bylaws Attachments: G1. PC Bylaws Info Desk Packet 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) 1. DIRECTOR'S COMMENTS J. COMMISSIONER COMMENTS K. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, March 20, 2023 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. Printed on 212412023 Planning Commission Meeting Agenda February 27, 2023 Printed on 212412023 �P�Q 'NsG Kenai Peninsula Borough 144 North Binkley Street Soldotna, AK 99669 166p, Meeting Agenda 0RQVG Plat Committee Monday, February 27, 2023 6:30 PM Betty J. Glick Assembly Chambers 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. Printed on 212712023 Plat Committee Meeting Agenda February 27, 2023 1. Agenda 2. Member / Alternate Excused Absences 3. Minutes KPB-4952 February 13, 2023 Plat Committee Meeting Minutes Attachments: C3. 021323 Plat Committee Minutes Draft D. OLD BUSINESS E. NEW BUSINESS 1. KPB-4953 Barber Subdivision; KPB File 2023-013 Attachments: El. Barber Subdivision Packet El. Barber Subdivision Desk Packet 2. KPB-4954 Carl & Emma Clark Estates #2; KPB File 2023-012 Attachments: E2. Carl & Emma Clark Estates #2 Packet 3. KPB-4955 Queen Aleta Subdivision; KPB File 2023-015 Attachments: E3. Queen Aleta Subdivision Packet 4. KPB-4956 S & S Subdivision 2023 Replat; KPB File 2023-016 Attachments: E4. S & S Subdivision 2023 Replat Packet2 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, March 20, 2023 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 Printed on 212712023 Plat Committee Meeting Agenda February 27, 2023 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 % 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. Printed on 212712023 �P�Q 'NsG Kenai Peninsula Borough 144 North Binkley Street Soldotna, AK 99669 166p, Meeting Agenda 0RQVG Plat Committee Monday, March 20, 2023 6:30 PM Betty J. Glick Assembly Chambers 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. Printed on 311012023 Plat Committee Meeting Agenda March 20, 2023 1. Agenda 2. Member / Alternate Excused Absences 3. Minutes KPB-4999 February 27, 2023 Plat Committee Meeting Minutes Attachments: C3. 022723 Plat Committee Meeting Minutes Packet D. OLD BUSINESS E. NEW BUSINESS 1. KPB-5000 Bear Run Kilpin 2023 Replat: KPB File 2023-002 Seabright Surveying / Barrett Location: Winchester Avenue & Colt Street Fritz Creek Area / Kachemak Bay APC Attachments: El. Bear Run Kilpin 2023 Replat Packet 2. KPB-5001 Moose Haven; KPB File 2023-009 Peninsula Surveying, LLC / Lastinger Location: McNamara Court, Royce Street & Emilie Avenue Funny River Area / Funny River APC Attachments: E2. Moose Haven Packet 3. KPB-5002 Ninilchik Townsite Ancient Basement Replat; KPB File 2022-172 Johnson Surveying / Ancient Basements, LLC Location: Bayview Street & Mission Avenue Ninilchik Area Attachments: E3. Ninilchik Townsite Ancient Basement Replat Packet 4. KPB-5003 Binkley Subdivision 2023 Replat; KPB File 2023-019 Edge Survey & Design, LLC / Reutov Location: E. Beluga Avenue & Robin Place City of Soldotna Attachments: E4. Binkley Subdivision 2023 Replat Packet Printed on 311012023 Plat Committee Meeting Agenda March 20, 2023 5. KPB-5004 Harden Subdivision Mugs & Tad Addition; KPB File 2023-020 Edge Survey & Design, LLC / Carmody Location: Beatty Avenue, Grassim Street & Oil Well Road Ninilchik Area Attachments: E5. Harden Subdivision Muqs & Tad Addition Packet 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, April 10, 2023 at 5:30 p.m. The meeting will be held via Zoom only, the meeting will not be physically open to the public. The Planning Commission 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 % 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. Printed on 311012023 ���e 1NsG Kenai Peninsula Borough 166p, Meeting Agenda 0RQVG Planning Commission 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 144 North Binkley Street Soldotna, AK 99669 Monday, March 20, 2023 7:30 PM Betty J. Glick Assembly Chambers Zoom Meeting ID 907 714 2200 The hearing procedure for the Planning Commission public hearings are as follows: 1) Staff will present a report on the item. 2) The Chair will ask for petitioner's presentation given by Petitioner(s) / Applicant (s) or their representative — 10 minutes 3) Public testimony on the issue. — 5 minutes per person 4) After testimony is completed, the Planning Commission may follow with questions. A person may only testify once on an issue unless questioned by the Planning Commission. 5) Staff may respond to any testimony given and the Commission may ask staff questions. 6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence. 7) The Chair closes the hearing and no further public comment will be heard. 8) The Chair entertains a motion and the Commission deliberates and makes a decision. Printed on 311012023 Planning Commission Meeting Agenda March 20, 2023 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 KPB-4993 Fort Raymond Subdivision Replat Number 5 KPB File 2022-029 Attachments: C3. Admin Approvals Packet 4. Plats Granted Final Approval (KPB 20.10.040) 5. Plat Amendment Request 6. Commissioner Excused Absences 7. Minutes KPB-4994 February 27, 2023 Planning Commission Meeting Minutes Attachments: C7. 022723 PC Meeting Minutes Packet D. OLD BUSINESS E. NEW BUSINESS Printed on 311012023 Planning Commission Meeting Agenda March 20, 2023 1. KPB-4995 Utility Easement Vacation; KPB File 2023-021 V 1 Ability Surveys / Shapiro Request: Vacates entire 10' utility easement on the east boundary of Lot 8, Bluff Point Subdivision, Plat HM 83-81 Diamond Ridge Area Attachments: El. UEV Lot 8 Bluff Point Subdivision Packet 2. KPB-4996 Section Line Easement Vacation; KPB File 2023-021V Ability Surveys / Shapiro Request: Vacates the entire 33' Section line easement along the northern lot boundary of Lot 8 Bluff Point Subdivision; Plat HM 83-81 Diamond Ridge Area Attachments: E2. SLEV Lot 8 Bluff Point Subdivision Packet 3. KPB-4997 Pedestrian Easement Vacation; KPB File 2023-007V2V Edge Survey & Design, LLC / City of Soldotna Request: Vacates entire 20' pedestrian easement granted on Mullen Homestead Subdivision Addition No. 3. Plat KN 2000-44 City of Soldotna Attachments: E3. PEV Mullen Homestead Sub Addn No 3 Packet 4. KPB-4998 Seismographic Trails Vacation; KPB File 2023-020V Edge Survey & Design, LLC / Carmody Request: Vacates two portions of two seismograph trails, and associated utility easements granted on Ninilchik Right -Of -Way Map, Plat HM 84-115 Ninilchik Area Attachments: E4. STV Ninilchik ROW Map Packet F. PLAT COMMITTEE REPORT C. OTHER 1. Planning Commission Bylaws Discussion 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 Printed on 311012023 Planning Commission Meeting Agenda March 20, 2023 J. COMMISSIONER COMMENTS K. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, April 10, 2023 at 7:30 p.m. The meeting will be held via Zoom only, the meeting will not be physically open to the public. 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. Printed on 311012023 MARCH 22, 2023 PLANNING & ZONING COMMISSION MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET ACTION ITEM REQUESTED BY PAGE Add to item F.1 Resolution PZ2023-04 • Public Comment Planning Director 2 Add to item L Informational Items • General Public Comments Planning Director 4 • River Center Open House Flyer Planning Director 5 1 March 22, 2023 Cdy of Kenw, Planniing and Zoning Commission Fte; Fkwww of CondNional Us* Permi7 for IOM Angler Dare GOMMISSion Memoers: I greatly appreciate The OpWunity fp cart on the CoMirtional LM P"Or t (COP) M)pbexion to aperato a mmrrtiercW lodge at '1035 Angler Drvo by the new eliArrref's Bf5jamin and Kathleen IL.oa►*y, , t believe d is important for Wth mghbo s and the 04 o1 Kenai to have a detaiie�d cle.wripiton of =ivdes iond ox f1, for operabon of 1he CUP b-OiN MKIx*sled. The pri§us owirw/operatot oaf this propel did not Cf",a na'ee prob df 0111V r*gatlye nejgWCwhood it pactg, Ift is hoped that will be the. caso 101 Me new owner_ How-ereir, there are some impGrtant dfVOre•nCe5 fromWhat is twng propoged and hOw the property tag been operated in, the p ;. The p"*" has a rs#w+r cut-nl-mleown of that intends td reed out "pry fir merciA uses = a one, Ndroom dal of tm enWe IOuge. 1MMOaM M propfrly gWrW wim s to mmage the um. vinee 2W MA r' We clon't n to go very far 10 SM the t of proloknis crealed by a r out-of-state -owTloe Mal taken n.0 parl in the managWMM Of th# *OMrFWCal actmUes on thao properly- Diractly adjacent to the n (1 V25 AAgler Dnve), an out of "e owiler nowatea a odor acoommodalion "inew volhout the Cpndrtcina.l Use wit, W?W trig with a violation by She City of Fie . the ownef apV-ied far a pwn*, had it denied by P. dropped the appea then continued to vporWe fast Sommer without I hia herein (and oversigM 00 a COMMIOnal Use Permit as re4wired by 1ho City of Kenai. As a pr 6nlativ* action to ovoid the probkwM in the naart)y pdopertie5 from CQMMQMal opocat.ions tarrieo out under hand outside 134 the Conditional U$8 p-rovis€ons, we ask that the: Plar ring and Zoning Gnmmis=n rr akA certain IiTniations to the Permit. We suggesi xhg d0ftwi sfipulations to this Gonditional, Uw Pomft to prevent s im p roVems from ocouning. 1 _ The owri4w n s to specify who 'Anil be %@ to-stt nianqqer for day-to-day opre a ons. Who can 1tie neigntKws andPor the Cky of Kenai reprowtatiwes (miuding police) call if there is a problem? 2, The appitcatlon stipulates Berl. and long term rental of Im hots on the pmparty, Thms is not a prcolem in it* ` f Wo%ever. tte CUP should Op plate a Teason pci'I:y kr the nurnber of visitors to m ii't wcordance with the ee2e of the fa iiity. We suggest a mammum of 4 c rite given the size of the house. 3. Trw t, propo,%elid 4y the aappiicaM ara i,tntt ! t-o ;fin ana tong -+errs guost remals of. the house on the pfoparty. The CHAP should Stiplulate that these ar* the -, activities thial are omitted under this CUP. This Fmans no -quLding, no use of the dock for oommerciat activities of any kind. since 11hese have not been MqueVed Or 0&1 at the opffatinn et ttm 40callion in 9V past. .. Minirnt impac% an no Mors Wrthin rock -throwing distance of this ptop '. re are several existing opHarations that h Ited a number of problems for IhO naoghbors wid the City of Marra+. This permitshould rake it clear that these activities, t-urree0l mousing problefm, am not part of thie new GUI. $WHiC2.111y No use of try (or for houll~irlg ar storago. No. tent cirri for gkiests of the business. Pa *tng limited to several veieieS, With no long temm storage. Patrons of this propery er* limited from uldizing support faciiliis from neast y .peraliorts, i.o. no attendance at the outdwr nightclub at 1005 Ai"r Nye or utilizing IhO -door NwItestauranVnigh1club. No tree sing clients onto adjacent tvf nearby privale property. Thank yW far the Oppor'ltnity'' to COMMent On this r6ri . I WAI be PaftVallireg Mn thrs moving via Zoom artd will to happy to ans%W avy 12110"ems. �r Jim RiChudseer 1015 Angkw Drive, Ili artd i t 26'' Avenue. Aroduwaga From: Kristine Schmidt To: Linda Mitchell Subject: Re: Work Sessions Date: Monday, March 20, 2023 5:42:33 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Linda - Yes, please put my name back on the "send to" list for distribution of the packet on Fridays. And I appreciate it if you would let me know about future work sessions. I want to let you know that we (our family and lots of other people that we have spoken to in town) are very concerned about (against) changes to the zoning code that would loosen the sign code, to bless the unsightly proliferation of business signs that we have seen in the last couple of years. One of our last city managers used to take the illegal signs and put them in front of City Hall for the owners to pick up, so the lack of enforcement of the sign code in the last couple of years has been distressing. If the City won't enforce the code, then let the residents do it. We can pick up scofflaw signs along the highway and bring them to City Hall too. We are also concerned about (against) changes to the zoning code to allow more commercial uses in the residential zones, including short-term rentals. And about staffing shortages in the planning department. Kristine Schmidt Y�u y �m�'�� � 1ZLVER CENTER River Center Open House March 23, 2023 from 5 - 7 PM => Do you own property on the Peninsula? => Does the Kenai Watershed interest you? => Are you considering developing your riverfront? => Are you planning a project, and aren't sure where to start? Several resource & permitting agencies will have booths set up to chat with you! Find out more about us & how we can help you! Here's some of the projects we can help you with EM2 Stream Table Debut! Try out the table & shape the watershed Simulate river migration in real time Try different bank restoration techniques Learn what might work for your property Snacks and beverages provided - we hope to see you there! Fishing Platforms Fishing Walkways Residential Construction Floodplain Construction Dredging & Mining Vegetation Management Riverbank Restoration Spill Prevention Wastewater Development Wetland Management Site Visits Donald E. Gilman River Center We are located across from the Soldotna Airport on Funny River Road 514 Funny River Road Soldotna, AK 99669 907-714-2460 KenaiRiv(enter@kpb.us 5 PLANNING & ZONING COMMISSION Resolution PZ2023-06 — Preliminary Plat — Baron Park Triumvirate Addition 450 Marathon Road March 22, 2023 j 7/ KENAI Preliminary Plat — Baron Park Triumvirate Addition Summary Current Use Vacant Zoning Light Industrial (IL) Land Use Designation Proposed Tract 4A-1 Proposed Tract 4A-2 Industrial 3.936 acres 1.908 acres North 'Industrial South Recreational [West Institutional East Commercial r LEGEND: I KN 2013-44 Ku al 2 1/2' BRASS CAP MONUMNT OLD 19Z RECORD KN 2007-8 KN 2013-44 Lot 8 \ 6 3 1/4' a.UM. CAP MONUMENT 4928-S 2U13 FOUND Tract Al I I Lot 9 I \ �"°` e 5/8' ROM w/PLCM LS ASTC 6101 FOUND O 5/e' ROM w/AUUM. CAP IS 5152 19W FOUND a O I I I Basis of Bearing �0 ,],Y Cook $I (SBBRt'3]'W) 128a]4'. MAP Inlet ♦ 51W ROM FOUND I 6]1. 6]1.10 59408 RdrM O 5/8' ROM w/PLASTC CAP L58859 SET W I See Detail 1m8 t6 n 1e ( ) RECORD DATUM PLAT 2012-a9 KRID I [ ) RECORD DATUM PLAT 2013-44 KO PI 8� I Lot 9 211 IIrl� [ ] RECORD DATUM PLAT 2008-32 KRD ,�113.38'� Tract 3A Tract t� 3A Detail CERTIFICATE of OWNERSHIP NOTES: s"i and DEDICATION / 1) W. aubdim. is abpci to City of Kenai M pla 14 .,I,g regulaaone as I Ullq �Mt SMa 4wM ptnypoMpe-p Tract 1A I, TVE UNDERSIGNED, HEREBY CERTIFY TiAT ME CITY OF KENO IS 11E 2) Sam of It,-, taken from Baron Park 2012 AMU- Plat 2012-89. /4 9a yp � -.. � eaewewlU 8.508 Aa. pA,-NeIW-a OWNER OF THE REAL PROPERTY S1OWN AND DESCRIBED HEAEOW MD OMBNA F OF THE CRY O IONA. I HEREBY ADOPT TUIS PLM OF U n SU bd. Kenos Rec-mg DMWCL 3) F,r ,,T devdopmenl of U, pr y &tall conform to dI fWerd• stale or aaaka as local regulaaone. tsar KN 2007-8 .� I ..::.- N88'38'48'E 592.91' _.. _. ::.- : r°'"" �� � . - ..............' Z�e�:�m�,.:���I�-®.�.. - - .' ✓y nde a ROW Vacated I by this plat � SUBOIN90N AND BY MY RR EroCONSENT DSOMN a1 RIGHTS -OF -WAY E USE t 4) Exceptions to KPB 20.30.100, Cut-d -sate, and KPB 20.30.130, CurveIT Tract 61 I - N883846E 60fi.83 / L1T1. OF Kola ' reguiremanb, a- granted by the Plat canmlttee at - meeting of July 13, 2020. 5) The Planning Canmi heard and approved right of way wwtim )�8 �'.� „uMRy.w.e.,t kaa wet w1z-a9 KIN 60' ROW Dedicated by this plat 6a 210 FlOALGO AVENUE KEN.. a A 99611 O of eh regularly -Wei meeting hdon July lyy 13, 2020. 6) The -Ity easement Per KN 20189 defined ae U. front 10 fees dung ale - right of way and 20 feet Mthln 5 feet of the aWe € mt lines. m..-.d from Me former right of way hae not been -b al IMF Tract 4A ' $. ad le etel m BxMtenae wh>e the cal de sac bulb ie being wco , ,� 4 NOTARY'S ACKNOWLEDGEMENT J) Front 15 feet adj- to dgh-d-way Oro a utgity easement No I N..22.W,s /Fam- Id.» Hae'2z•Do'E 466.�' atmMura shall caeWded ar aced within a utgity easement pamonent be placed •Nan would interfere wHh - abtlily of a .limy to use the easement. O H M I I Op M 14Oo0' 1 E (tM,l �S'fYa✓l�Q✓ "r I N88'23'S9'E 289.69' p� 8) WASTEWATER DISPOSAL PI.. far wartewater dhpmd. OTT meet g II q ACJ0e0WlIDCFD BEFORE YE TMS 'I"' MY OF NILCMIfCI 20T2. men talaCrvon�urwl tkmnta arc on RB at Ne DWartmant o/ E.A-- II6 _$ in LY 48523'59'E 464.88' ..... NOTMY PUBLIC FOR ALl9(A -� MY CONISSO, EIPRES S-'2¢ZZ B&T I?FALA81(A WILFM E. ANOERSON I NOTARY PUBLC waaaew. e,a.: 2 - PLAT APPROVAL KN 2001-56 I I TUIS PLAT WAS APPRONED BY THE KENO PNINSIIA BOROUGH Tract A Tract 2A PLANNING COMMISSION AT THE MEEONG O JULY 13. 2020. Tract 5A 9.234 Ao KENO PENINSULA BOROUGH S 2/II/xo I II3 8.282 Ac. I II CERTIFICATE of ACCEPTANCE AUIHptIZED tt�} I _� Pond UWity w+wa«it s«Ia pas-plltie-n I A THE UNDERSGNED OTIaAL IDNTFlED BY NAME AND TIRE IS a1T10RIlED TO ACCEPT <,. AND HEREBY ACCEPTS ON BN.F OF TiE CITY OF 1ONa FOR PLBUC USES MD FOR PUBLIC PURPOSES THE REAL PROPERTY TO BE DEDICATED BY THIS PLAT INCLUDING TUI IEANTREE, AS FOLoes DAUB NSPECK ROAD EOIC TONG MEAS SNowl ON Us PLAT b HE OF LM TACCEPTMCE DS FOR PUBLIC USE OR PUBLIC PURPOSE DOES NOT aBl1GAlE THE PUBLIC OR MY OTHER GOYTRNING BODY TO CONSTRUCT, OPERATE. OR M.NT.N IY IMPROIF]IN�j�j la UU2bb :. t " W=m-1e I_am ,q " - - " " CITY O WUU \�" N882359 E ]94.]3 J9461 Magic Avenue 80' ROW M8.2433 2W.93 — — — — — — — — — — — — — �"�srAA — I`Z~P �_ arw ruble :. ...... .........*..�i KN 2006-25 ..:..."0.F�3-�e..' I I I we Tale ar.. t Ddm Rad,a Latgln rangart rnaa Gard Bevng Ir,t [�B FII.E No. 2020-057 Lot A LT. t D e uan a gn CI 09]'48'43' mom 34.14• 2T.93' 30.15 54225.53•E - N01'3J'22'W SD.00• KN 2008-32 c2 aezTltr 2a00' -' 17.44• 25.29' SA33'orW a Baron Park UIIIII�� I KN 2008 L2 N88'22'OOE 50.Do• Tract 1 A C3 g5052'48' 135.w 119.ee' fi422' r .98' Nfi554'5OW I2�e 2020 Replat I —32 L3 N01'3J'22^W SO.W C4 03B'S1'04' 135.01' 91.54' 4J.81' ROW -'WIN g$ A ra9ubdivision of Tracts 1. 2, 3, 4, and 5, Baron Park Lot 1 I I 05 0894S52' 75A0' 117.46' 74.65' 105.82' N4679'1WIN P Ins 2012 Addition, Plat 2012-89, Kenai R-rding District SURVEYOR'S CERTIFICATE Ce OBYOV21' =00' 31.4Y 2a01' 262V N4T 18i owted Mmm Ne W /2 Section 33. TN..1W, 5... I hemby certify Oat I an p,o,aly re9Mlered and Iicenaed to p U- land wr.*g In Ne State of .ask,, WIT plat I I CJ C8 0e,59'39' 12JW'<4' 20.00' 31.41' 110.88 19.99' 100.40 M26 S4636'42'E I y atY of Kenai. Kaki PalinaNa Borough, ao0 o. ]9.4oI Canta'm' 3926e M. repreamta a survey mode by me a under my a- eu -Io,, Ne m.- i=a nom M1erean .-Fly exirt as deem , and all dlmnelas and - details are camwt. J C9 OM'02'14' 50.00 20.00' 15.3Y a08' 89.51' 1SOO N6656'S2'W N2338'29'W Surveyor Orma $ege392r $llryey3 City of lCeaei DOU u-S 20 QO 14R712' 5D00' 64.97 3J.99' 60.SY 5oB'26'00'E I 90485 R.Wand St. 210 Fidelgo Ave. Site 200 I C11 062 '33'4a' 135.Oo 14].41' 8202' 140.20' N3254'18'W ' 2 / SoldotlT.e. AK 99889 907 282-2909 Kenai, Alaska 91g811 I JOB O. 20024 DRAWN: 9-26-2020 II RYEYED: APTII, 2020 SC.L 1'=100' FlFlD BOO(: 19-5 SHEET' 1 of 1 'b- 1Af W wurvu3l/3„ LEGEND /��I 'sL'uo"BDaAn uP ® NORTH � LBn fouxO3-1/ 3]'w fouxova mARv moxumExrws DfscR afo ALmpN fDNnDS/B aFAaWF/P� «APaa58 ` aD "'p Uid 2013 ---sse3]-- —_306NLERWE OR PH ALE O./1GSlAINIESS ofexG FOUND s/5 aEAR N0a3 TEELflAP850zs 6N MM1, QaR TSN / � KENAI ry ul c 9 � 11 el NRACT. '1�=e — K 2026]3 _ — _ _ _ _ _ — \ VICI NIIY MAP _ — _ — — — — _ — — — �s^e8�0 I SI DAVBEN SPECK KID60'R/VJ � Go,. �\ CERTIFICATE OF OWNER5HIP AND DEDICATION XSW38'A6"E 215.04' REA In ,i c SE— DTI \ TRACT LA IHEREBYTERTI THATTNETITYDFKENAIIANEDWNERDFTHF' 1 Utt EAS EN ERKNO3tr----------------------- —�\ Q KN3020-]3 PROPF_sNowry ANoo[icala1O NFRsoNANooN aFNALFOFTNF N N \ I s ___ EM TP__z_ ]3 _____ \ __________________________________ cmof KENAL NEEav ADDETNIs PIAry of sueorvlslory ANDav My EN ED CA Al 1/4� FWNBD 3-U2u" PUBLIC USE ANDGBANTALL EPSEMENTSTOTHE USE SHOWN.GUOr0 021 P I ! I \\ II II III I Ory mnrvAGE KN200]-e � Ilj 310 FlDALGOAVE, SUITE zaO, KENAFAKBOs11 j � li II _ I a III NOTARY'5 ACKNOWLEDGEMENT 1 III I C ACKNOWLEDGERBEFORE METHIS RAcrA 1.908 AC AC I TRACT DAY of ,.. 1 1 20D1-56 I I I 15 UTILITY EASEMENT PER KN30 MYCOMMISSIN EXPIRES I I � TRACT 4A-1 3ai3—III Z III 3.936 AC srATE OF THE 2 I 3 W UTILITY EASEMENT PER Kxz0lzae+l AIASKA I Q I L15'DTILIIY EASEMENT PER KN2020.]3 F Ili II � O I� Ill II Ill II � ' Io' HEA CLEARING ONLY EASEMENT PER Krvs]-si II m III II v III I l i see 23 sa'w zae.ss Z III III ro I ll i —10' unlm EASEMENT PER KN11 Q ICI zO UTILITY EASEMENT PER KN201za9 � aGA.ee 5B8 2359 w KING—H73 �1�'1 � " I I I +:4Ym 2� •Vy DN %�Errmi.Lts`� NOTES 1 WATER BARON PARK TRIVMVI RATE ADDITION TTEDNLY�NCONFORMANCEt HAPPLICABLFLeE A RESUBDIVISION OF TaACT aA BARON PARK 2020 REPUT KPIM -]3 REQUIRE —OF 18 AAC Y2 AND 18 AAC W CITY OF KENAI, OW NER 210"DALGO AVE STE 200, KENAI, AN AC 2 PIACEDWITNIN ANFASEMENTWHIALLICH WOULDINTElD RE WITH W1/25ECEI , PLACETITEALItt OFAUTILITYTO USETHE fASEMENINT. NGE IL WESTBOROUGH AND N EWARD MERIDIAPLCII' ONAI RECORDING DISTRICT,F KIN AIALASKA,KENA61 ENNSUTA DEVELOPME KENAI R N POSAL 3 2oYWATERANDE lxERAREAEOTVOETOSER ETHEPAR RE .T.R TE�DoENTS AR'ENFILMATTHECONSERVATION. THIS FLAT � BOROUGH NAccoa7VED BY THE KENI IE.oa0. ® sro rc 2N23 xxx PLAT APPROVAL PB F.Ie No. LET IHNIULA a. cmwATFR AnosEwaRARF AVAIIAeIETosERVETHF PARCEIs. vTRi EV` DEPARTMENT DAN 5. OW wnw.mcuxEc�.co Na. 2320DG AU FEDEROZnnr oEausKn nxl�iouLaEGuwnor�azRMr AUTHORIZED OFFICIAL Yale: 1'=CO' e.NN 202 Book No.: xx-xx D Y.T18V:.IAH The proposed preliminary plat meets the general standards of KMC Chapter 14.10 Subdivision Regulations. Adopt the Resolution PZ2023-06 recommending approval of the preliminary plat "Baron Park Triumvirate Addition" to Kenai Peninsula Borough. PLANNING & ZONING COMMISSION Resolution PZ2023-06 — Preliminary Plat — Baron Park Triumvirate Addition 450 Marathon Road March 22, 2023 j 7/ KENAI PLANNING & ZONING COMMISSION Resolution PZ2023-04 — Conditional Use Permit — Lodging 1035 Angler Drive March 22, 2023 KENAI Conditional Use Permit — Lodging Current Use Zoning Land Use Designation Lot Size Single -Family Dwelling Rural Residential (RR) Low Density Residential (LDR) 40,150 square feet North 7WSingle-Family Dwelling South Lodge &Guiding West Single -Family Dwelling East Beaver Creek LLLU . } J y Subject Property r—� Parcels I �i )3L& rz s A L mac= k (. VG IML � YVIPa-Sc.�.r'1.,�✓rt S �.a� v�crF- ., 9. s�c�� tam Con�tder�\ -- f Lc�d 73 KMC 14.20.150(e) Conditional Use Permit Review Criteria STAFF ANALYSI!Z The use is consistent with the purpose of this chapter and the Criteria 1 purposes and intent of the zoning district. Criteria 2 The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Criteria 3 The proposed use is in harmony with the Comprehensive Plan. Criteria 4 Public services and facilities are adequate to serve the proposed use. Criteria 5 The proposed use will not be harmful to the public safety, health or welfare. Any and all specific conditions deemed necessary by the Commission to fulfill the above -mentioned conditions. These may Criteria 6 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 Met Met Met Met Met Adopt the Resolution PZ2023-04 approving a Conditional Use Permit for lodging on the property described at Lot 4 of Anglers Acres Subdivision Part III, located at 1035 Angler Drive. PLANNING & ZONING COMMISSION Resolution PZ2023-04 — Conditional Use Permit — Lodging 1035 Angler Drive March 22, 2023 KENAI 1. Any development or use of the property shall comply with all applicable Federal, State of A aska, 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. PLANNING & ZONING COMMISSION Resolution PZ2023-05 — Conditional Use Permit Amendment Assisted Living Facility Expansion 7M N. Forest Drive March 22, 2023 KENAI Conditional Use Permit Amendment Current Use Assisted Living Facility Zoning Suburban Residential (SR) Land Use Suburban Residential Designation Lot Size 4.64 acres Related CUPs PZ12-22 and PZ15-24 Surrounding yj&&��- La North � � Vacant M South Church and Residential rwestimirw Vacant M East Residential w� f Assisted Living Facility Expansion IZ i Subject Property u Parcels .m � I 4 w g so I ji it W� CONNECT TO PONDEROSA STREET EASEMENT F, P rlF, P P P TRACT - 36AP KN 2016-62 4 TRACT - 35 KN 1470 S89° 58' 30"E 610.41' I �l EXISTING BLDG. 2 ------------------- ----- - 1 oNE�EF=> j 0� � 40 804' I III I I EXISTING I ' I Eo��AT I 1 I Lu 0p 0 0 M uj z ____ l� � w lO JAI O W REL-ED v o LL jm x -N EN„� Z = wl �I P P Z ® ® I I —DEDI�ATED I RE'� I I I I e 1 11 1 EXISTING BLDG. 1 3 I BUILDING i I S89° 58' 30"E 610.41' TRACT - A-1 10' EXISTING UTILITY EASEMENT BLK 2 KN 78-97 wit 15' EXISTING s� UTILITY EASEMENT j 0 SCHEMATIC LANDSCAPE PLAN o ao Scale P = 30'-0" f � � O c7 Z ii�iu BAE R o greg@haerdg.com Ph.209.959.1980 C cd n Q) Q cd U C cd J U co E Q) U KMC 14.20.150(e) Conditional Use Permit Review Criteria STAFF ANALYSI!Z The use is consistent with the purpose of this chapter and the Criteria 1 purposes and intent of the zoning district. Criteria 2 The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Criteria 3 The proposed use is in harmony with the Comprehensive Plan. Criteria 4 Public services and facilities are adequate to serve the proposed use. Criteria 5 The proposed use will not be harmful to the public safety, health or welfare. Any and all specific conditions deemed necessary by the Commission to fulfill the above -mentioned conditions. These may Criteria 6 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 Met Met Condition 3 Met Met Condition 4 Met Conditions 5 and 6 Adopt the Resolution PZ2023-05 approving an amendment to the Conditional Use Permits (CUPS) for assisted living facility expansion subject to the original conditions in the CUPS (Resolution Nos. PZ12-22 and PZ15-24) and the following conditions. PLANNING & ZONING COMMISSION Resolution PZ2023-05 — Conditional Use Permit Amendment Assisted Living Facility Expansion 7M N. Forest Drive March 22, 2023 KENAI 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. Obtain a minimum 60-foot right of way easement on the adjacent property for ingress and egress from/to Ponderosa Street. 4. Prior to building permit issuance, alandscape/site pan must be reviewed and approved by the Panning and Zoning Department. 5. Maintain a safe and clear passage of the 10-foot vehicle access so it remains free of obstruction and obstacles created by snow removal or the depositing of snow. Snow removal must not be pushed onto another property. 6. Prior to building permit issuance, provide an as -built survey to Planning & Zoning Department for verification that a minimum of 20 feet width for vehicular access and buffer are provided between the south building facade and the south property line. 7. Applicant must obtain for a sign permit for the proposed monument sign. EK 11M ELEVATIQV KEN 1. NORTH ELEVATION - BLDG 2 ---- sa.� E a m EAST ELEVATION -MAIN ENTRY +re^ _ +•a" 3 M Y ii Y Y II�11 III Ell�H m=��l �1� Ill I II Iml ��IIIIII��III II ------------ a EAST ELEVATION - MAIN ENTRYEll a s —n - — — ----- — ------ _______________--—— - — ------------------------------------ - o00 0 EAST ELEVATION - MC BLDG +•e" _ +'a•' 9 Entry Elevation +�<" = ra•' 1 SOUTH ELEVATION - BLDG 1 I'm- = SOUTH ELEVATION- BLDG 2 "S" = WEST ELEVATION- MC BLDG hm" _ WEST ELEVATION -COURTYARD +ia" = TRACT - 35 KN 1470 UNSUBDIVIDED • - JAMES A;4HALL 85032-S --------------— SHEET ----------------- r ---------------- SHEET3-- 1 P89' 58' 30-E 610.41' 2 IT x 20. 1 5- 41.2' SHED I Ini -258.6' ONE STORY BUILDING CONCRET&� GRAVEL` SIG - - - - - - - - - - - - 5'x 5' UTILITY TEASEMENT - PER KY N 2012-82 TRACT - 36A KN 2016-62 GRAVEL 4.640AC ASPHALT II ASPHALT OZ MT. PER 2012-01214 5-70K7RDW w 213.T �2 A C0 UJI Two 39.8' 0 87.6' . . . . . . ONESTORY STORY1 14- BUILDING BARN ONE 290.,V ONE STORY STORY BUILDING 8'x 14.5' BUILDING 0 87.9 971.2' COOP 1 49.V t 2113- 21.1- -20.T = 10'UTILITY EASEMENT 2.8 21.4' N89* 58'130"W - 610' —— -- ------------------------ .41-- — — — -- — -- — — — — — — — — SLK4 OLK2 LEGEND TRACT - A-T TLOT8 KN85-209 BGK2 IIBLK2 KN 7B-97 KN 78-97 KN 76-97 Found Corner Gas Meter NOTES Electric Meter 1) THE BEARINGS AND DISTANCES SHOWN HEREON Septic Vent RELATIVE TO THE PROPERTY BOUNDARIES WERE DERIVED FROM DATA OF RECORD. Drain Inlet 2) THIS LOT 15 SERVED BY CITY WATER AND SEWER. pp Water Valve 3) THIS LOT SERVED BY UNDERGROUND GAS AND Curb Inlet ELECTRIC. SCALE 1 " = 60' Luminaire 4) THIS LOT IS SUBJECT TO CITY OF KENAI TITLE 14 Prepared For: CLINT HALL PLANNING AND ZONING CODE. 0 30' 60' P.O. BOX 2829 Phone Ped / Telcom Box KENAI, AK 99611 5) STREET ADDRESS:701 N. FOREST DR. ------ <> ------ 0- Fence Pe QP LN #....HC.�s_ktl SCOTT PP. HUF .No L-11795 ••9�i IUDNTN�S�UMl1121i IE�D' --------------'", UTIUTY EASEMENT _............. ....p PER 2012-01O2Z3'—D KRD .SEE N_F. ------------._w 1 w x l AA o I ,I I I I I I "I NORTH — -- CERTIFICATE OF SURVEYOR I HEREBY CERTIFY THAT I AM PROPERLY REGISTERED AND LICENSED TO PRACTICE LAND SURVEYING IN THE STATE OF ALASKA, THIS PLAT REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECT SUPERVISION, THE MONUMENTS SHOWN HEREON ACTUALLY EXIST AS DESCRIBED, AND ALL DIMENSIONS AND OTHER DETAILS ARE CORRECT TO THE NORMAL STANDARDS E OF PRACTICE OF OF LAND SURVEYORS INTHE 35 5/8" REBAR (589.58'30"E 610.41') TRACT 36A 4,640 AC. REDOUBT AVE. /4 COR' BRASS CAP 5/8" REBAR FORMERLOTLINF. 5/8' REBAR 5/8" REBAR 5' N 5' UMW u4LENT /_ I _ .. __..._. IROY PMETIT PUT J w ... —....... ._._..._. 1,) _.......... W _.—_ W� w __ U �._ W—_—_..�.� w _..------- 1vI .. 2012-02 NRO 0.1AIN WATEk LINE I ___ _365'_________________ 10' UTIUTY EASEMENT PER 2012-012145-0 KRD I -------------------------- REBAR — F---------------— -------' LS©u � LVLSW" �5i I I Z I 31VER fPRES \ LOB 8 L07 6 I— PART ONE �L���C3 2 O —1 NOTES• 1) THE BUILDING SETBACK REQUIREMENTS FOR SUBDIVISIONS LOCATED WITHIN CITIES SHALL B GOVERNED BY THE PROVISIONS OF MUNICIPAL ZONING DISTRICTS. DEVELOPMENT WITHIN TH SUBDIVISION MUST COMPLY WITH THE REQUIREMENTS OF THE ZONING DISTRICT, 1 I I I I I I I I I I EASEMENT 1%2 REBAR IN610.41')------ 10' UTIUTY EASEMENT— X 7PAcir Al MOG�1�I(�G^Q E 1USOMMON PART Two CERTIFICATE OF ACCEPTANCE E THE UNDERSIGNED OFFICIAL IDENTIFIED BY NAME AND TITLE IS E AUTHORIZED TO ACCEPT AND HEREBY ACCEPTS ON BEHALF OF THE CITY OF KENAI FOR PUBLIC USES AND FOR PUBLIC PURPOSES THE REAL PROPERTY TO BE DEDICATED BY THIS PLAT INCLUDING 2) FRONT 15 FEET ADJACENT TO THE RIGHTS -OF -WAY IS A UTILITY EASEMENT. NO PERMANENT EASEMENTS, RIGHTS -OF -WAY, ALLEYS, AND OTHER PUBLIC AREAS STRUCTURE SHALL BE CONSTRUCTED OR PLACED WITHIN A UTILITY EASEMENT WHICH WOULD SHOWN ON THE PLAT IDENTIFIED AS FOLLOWS: INTERFERE WITH THE ABILITY OF A UTILITY TO USE THE EASEMENT. 15 FOOT UTILITY EASEMENTS THE ACCEPTANCE OF LANDS FOR PUBLIC USE OR PUBLIC PURPOSES 3) THIS IS A PAPER PLAT. NO FIELD SURVEY WAS PERFORMED FOR THIS REPLATTING ACTION. DOES NOT OBLIGATE THE PUBLIC OR ANY GOVERNING BODY TO CONSTRt C`F, OPEtTE, OR MAINTAIN IMPROVEMENTS. 4) AN EXCEPTION TO KPB 20.30.240 (BUILDING SETBACK) WAS APPROVED AT THE PLAT COMMITTEE BY: 6 �RW. MEETING OF DECEMBER 15, 2014. THIS IS TO REMOVE A 25' BUILDING SETBACK THAT WAS RI KKOCH -CITY MANAGER AGRANTED ON PLAT 76-136 KRD AND CARRIED FORWARD ON PLAT 2012-82. CITY OF KENAI 5) WASTEWATER DISPOSAL: PLANS FOR WASTEWATER DISPOSAL, THAT MEET REGULATORY 210 FIDALGO AVE. REQUIREMENTS ARE ON FILE AT THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION. KENAI, AK 99511 0 0 0 f w 0 (50.00') 0 {I j' 25 � 11 ? 36 I y N T VICINITY C-00K iNI MAP 1" = 1 MILE CI N o FIFTHAVENUE SEC. 31 CEN. 1/4 1/2" REBAR I Iy I Limits /n I 28 293 %/ 4 CERTIFICATE OF OWNERSHIP AND DEDICATION WE HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND THAT WE HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY OUR FREE CONSENT DEDICATE ALL RIGHTS -OF -WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS TO THE USE SHOWN. INT D. HALL J A C ENTERPRISES INC. FORMER TRACT 36 CLINT D. HALL PRESIDENT PO BOX 2829 FORMER TRACT 37A KENAI, AK 99611 PO BOX 2829 KENAI, AK 99611 NOTARY'S ACKNOWLEDGMENT FOR: CLINT D. HALL ��J /f���� �,. A NOWLEDG BEFORE ME THIS N DAY OF�� 2016 NOTARY PUBLIC FOR ALA 101WIANIon MY COMMISSION EXPIRESUBLICAUGHEY LASKA s Agust9.2D19 PLAT APPROVAL THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION AT THE MEETING OF DCL9_MBER 16. 2.O(A KENAI PENINSULA BOROUGH AUTHO OFFICIAL KPB FILE No. 2014-163 KILLEN ESTATES 2014 REPLAT A REPLAT OF TRACT 36 KILLEN ESTATES ADDN. NOA (PLAT NO. K-1470) AND TRACT 37A KILLEN ESTATES 2012 RELAT (PLAT NO. 2012-82) OWNER: CLINT D. HALL J A C ENTERPRISES INC PO BOX 2829 PO BOX 2829 KENAI, AK 99611 KENAI, AK 99611 LOCATED WITHIN THE NE 1/4 N'Wi/4 SECTION 31, T6N, R11W, SEWARD MERIDIAN, CITY OF KENAI, KENAI RECORDING DISTRICT, KENAI PENINSULA BOROUGH, ALASKA 6) THIS PARCEL MAY BE AFFECTED BY COVENANTS, CONDITIONS, AND RESTRICTIONS THAT WERE LEGEND RECORDED ON JUNE 1, 1978 IN BOOK 125 PAGE 736 KENAI RED. DIST. (D PRIMARY MONUMENT OF RECORD AS NOTED PLAT N0. PLAT K-1470 7) THIS PARCEL MAY BE AFFECTED BY A GENERAL ELECTRIC EASEMENT RECORDED ON FEBRUARY 26, M�D_rPZ Plat • vinlrvirvo 1—. non 1. INTEGRITY SURVEYS INC. 820 SET NET DRIVE KENAI, AK 99611 PRONE - (907)283-904i 1960 IN BOOK 5 PAGE 119 KENAI REC. DIST. 0 SECONDARY MONUMENT OF RECORD AS NOTED a Ist. K 3 FAX --- (907) 283-9071 SURVEYORS mteg6ty —y.9.10ek0.n51 PLANNERS PLAT NO. K-1470 & 76-136 KRD 8) WATER UTILITY SERVICE FOR THE PROPOSED PARCEL IS VIA THE UTILITY EASEMENT LOCATED ON 20 a e JOB N0: 214179 DRAWN: OCT. 12, 2016 SH THE. WEST SIDE OF THE PROPERTY AS RECORDED UNDER SERIAL NUMBER 2012-012093-0 KENAI ( ) RECORD PER KILLEN ESTATES RECORDING DISTRICT ON DECEMBER 6, 2012. PLAT NO. K-1470 � Time •=i M SURVEYED: N/A SCALE: 1" - 50' FlELD BK: N/A FILE: 214179 FP.DWG TRACT 18 NENW 1/64 TRACT 33 Bar® EXHIBT A 1 - 100 TRACT 34 LEGEND 5/6' REBAR OF RECORD T6N R 11 W Section 31 SW114 NE114 NW1/4 and TRACT 35 Govt. Lot 2and that portion of Govt. Lot 1 excluding Tract A Rutherford SD and excluding S 165' of W 524.06" of N 495" TRACT 36 UTILITY EASEMENT 14,914 SQ. FT, KILLEN ESTATES ADDITION NO. 1 m TRACT 37 I 6 .O 1 135.0' CENW 1/64 TP.4CT C LOT 12 LOT 13 LOT 8 BLOCK 2 O W W W 2 O� BLOCK4 SIL VER PINES LOT 7 LOT 6 BLOCK 2 NORTHGATE SUBDIVISION PART ONE LOT7 W INTEGRITY SURVEYS, INC. Page 1 of 1 rawn b .SH100' 820 Set Net Drive Kenai, AK 99611 PHONE — (907) 262-5573 ate:OCT. 30 2012 [File: ob : 212214 SURVEYORS FAX — — — (907) 262-5574 PLANNERS inte rit urve oalasko.net 212214 ESMT.DWG