HomeMy WebLinkAbout2023-04-26 Planning & Zoning PacketKenai Planning & Zoning Commission –
Regular Meeting
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April 26, 2023
Kenai Planning & Zoning Commission -
Regular Meeting
April 26, 2023 ꟷ 7:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
**Telephonic/Virtual Info on Page 2**
Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
5. *Excused Absences
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of these
items unless a Commission Member so requests, in which case the it em will be removed from
the Consent Agenda and considered in its normal sequence on the agenda as part of the
General Orders.
B. APPROVAL OF MINUTES
1. *Regular Meeting Minutes of March 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
F. PUBLIC HEARINGS
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. *Action/Approval – Granting a Home Occupation Permit to Allow a Cottage Food
Operation on a Property Located at 1303 Lawton Drive (Parcel ID: 04515425) in the
Suburban Residential (RS) Zoning District.
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Kenai Planning & Zoning Commission –
Regular Meeting
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April 26, 2023
2. Action/Approval - Granting a Transfer of Conditional Use Permits PZ05-14, PZ2013-14,
and PZ2014-07 for RV Park and Cabin Rentals on a property located at 810 Childs Avenue
(Parcel ID: 04901401) in the Heavy Industrial (IH) Zoning District.
3. Action/Approval – Granting a Transfer of Conditional Use Permit PZ2018-03 (Substitute)
for a Limited Marijuana Cultivation Facility on a property located at 1817 Sunset Boulevard
(Parcel ID:03901001) in the Rural Residential (RR) Zoning District.
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: May 10, 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/81646263934 OR Call: (253) 215-8782 or (301) 715-8592
Meeting ID: 816 4626 3934 Passcode: 910992 Meeting ID: 816 4626 3934 Passcode: 910992
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KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
MARCH 22, 2023 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
CHAIR JEFF TWAIT, PRESIDING
Planning & Zoning Commission Meeting Page 1 of 8
March 22, 2023
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai Planning & Zoning Commission was held on March 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. Halstead, G.
Greenberg, J. Coston (electronic participation)
Commissioners absent:
Staff/Council Liaison present: Planning Director L. Mitchell, Council Member H. Knackstedt, City
Clerk S. Saner, Deputy Clerk M. Thibodeau
A quorum was present.
3. Agenda Approval
Chair Twait noted the following additions to the Packet:
Add to item F.1 Resolution PZ2023-04
• Public Comment
Add to item L Informational Items
• General Public Comments
• River Center Open House Flyer
MOTION:
Commissioner Greenberg MOVED to approve the agenda with the requested revisions and requested
UNANIMOUS CONSENT. Commissioner Fikes SECONDED the motion.
VOTE: There being no objection; SO ORDERED.
4. Consent Agenda
MOTION:
Vice Chair Halstead MOVED to approve the consent agenda. Commissioner Fikes 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 council and
will be approved by one motion. There will be no separate discussion of these items unless a council
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March 22, 2023
member so requests, in which case the item will be removed from the consent agenda and considered
in its normal sequence on the agenda as part of the General Orders.
5. *Excused Absences – None.
B. APPROVAL OF MINUTES
1. *Regular Meeting of February 22, 2023
Approved by the consent agenda.
C. SCHEDULED PUBLIC COMMENTS - None.
D. UNSCHEDULED PUBLIC COMMENTS - None.
E. CONSIDERATION OF PLATS
1. 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.
MOTION:
Commissioner Greenberg MOVED to adopt Resolution PZ2023-06. Commissioner Woodard
SECONDED the motion.
Planning Director Mitchell presented her staff report with information provided in the packet explaining
that the applicant intends to subdivide into two lots, and the Commission had previously approved a
conditional use permit (CUP) for a performing arts center on the eastern portion of the parcel. Zoning
and uses of surrounding lots were reviewed; staff recommended approval to Kenai Peninsula Borough,
subject to the following condition:
1. Provide a curve table for C1 and C2 on the plat.
It was noted that this is a housekeeping measure, and part of the development process for the performing
art center.
VOTE:
YEA: Fikes, Greenberg, Coston, Halstead, Glendening, Woodard, Twait
NAY: None.
MOTION PASSED UNANIMOUSLY.
F. PUBLIC HEARINGS
1. 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.
MOTION:
Vice Chair Halstead MOVED to adopt Resolution PZ2023-04. Commissioner Greenberg SECONDED
the motion.
Planning Director Mitchell presented her staff report with information provided in the packet explaining
that the applicants had recently acquired the property, that the previous owners had been granted a CUP
for lodging and guide service and the new owners would like to continue the use for lodging but not
guiding. The criteria for CUPs were reviewed; it was noted the application met the criteria and City staff
recommends approval subject to the following conditions:
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March 22, 2023
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.
Applicants Ben and Kathleen Lovejoy explained that they purchased the single-family home for when
they visit Alaska, and would like to rent it out when they’re not using it. They noted that they have
managed other rental properties and intend to work with a property management company, and will be
renting it primarily on a short-term basis. Concerns expressed in written public testimony were
addressed, and the applicants discussed the house rules they will be putting in place such as quiet hours,
number of vehicles allowed, maximum occupancy, and prohibiting guiding and use of the dock.
Chair Twait opened for public hearing.
Greg Anderson noted that the application didn’t raise any red flags for him, but he had some concerns
about potential use of the dock. He noted that dock use required a permit, and questioned whether dock
space will be offered to renters or if trailer traffic will occur. He noted that dock rules are not being
enforced on Beaver Creek and the river is already overexploited.
Christy Hudson welcomed the Lovejoys to the neighborhood, discussed ownership and use of the dock
space, stated that she was in support of the permit, and noted that she helps to take care of the Lovejoy’s
property in the winter.
Ron Rogalsky welcomed the Loyejoys, noting that the property has been managed well in the past and
seems that it will continue under the new ownership. He commended the City for requiring CUPs when
there are changes, but expressed concerns about enforcement and the possibility of dock use for guiding
activities.
Jim Richardson welcomed the Lovejoys but expressed caution, explaining that there have been past
issues with CUPs in this area and it is better to set clear restrictions on CUPs when they are issued rather
than address problems in the future. He stated that City enforcement has not been effective in addressing
these problems, and urged the Commission to set clear boundaries with what is and is not allowed.
Ben Lovejoy thanked the members of the public for their comments and responded to previous testimony;
he expressed respect for conservation efforts in the river, and stated that their dock will only be used for
personal use and not for a guide business.
There being no one wishing to be heard, the public hearing was closed.
There was discussion regarding use of the dock, advertisement, and allowing events such as weddings
or other gatherings. Lovejoy clarified that the rental listing would state that there would be no use of the
dock on their property, renters would not be allowed to be picked up from their dock but would have use
of a nearby public dock. He stated that the property would only be used for fishing and leisure, and that
the listing would note that parking RVs or tents on the premises would not be permitted.
The Commission discussed additional conditions that could be added, such as quiet hours or maximum
occupancy, and considered what had been added to previous lodging CUPs. Clarification was provided
that dock usage was regulated by the State, and it was noted that any commercial transactions outside
of lodging would be in violation of their zoning district; any changes in use would require the owner to
apply for an amendment to the CUP. Non-commercial dock use by friends of the owners was discussed,
and the applicant noted he would communicate with neighbors and they may also use the public dock.
MOTION TO AMEND:
Vice Chair Halstead MOVED to amend by adding a condition stating that “Quiet hours are from 10:00
p.m. to 6:00 a.m.” Commissioner Woodard SECONDED the motion.
There was discussion on what would constitute a reasonable amount of noise.
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March 22, 2023
VOTE ON AMENDMENT:
YEA: Greenberg, Coston, Halstead, Glendening, Woodard, Twait, Fikes
NAY: None.
MOTION PASSED UNANIMOUSLY.
MOTION TO AMEND:
Commissioner Woodard MOVED to amend by adding a condition stating that “Occupancy will be limited
to six adults.” Commissioner Greenberg SECONDED the motion.
There was discussion on maximum occupancy, including what would be reasonable for the property, and
how it could be defined and enforced. It was noted that this could limit business operations and
multigenerational families.
The motion to amend was withdrawn with concurrence from the second.
MOTION TO AMEND:
Commissioner Fikes MOVED to amend by adding a condition to “Provide a copy of the Alaska
Department of Environmental Conservation (ADEC) documentation stating the existing wastewater
system supports a three (3) bedroom single-family dwelling.” Commissioner Woodard SECONDED the
motion.
VOTE ON AMENDMENT:
YEA: Halstead, Glendening, Woodard, Twait, Fikes, Greenberg, Coston
NAY: None.
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN MOTION AS AMENDED:
YEA: Glendening, Woodard, Twait, Fikes, Greenberg, Coston, Halstead
NAY: None.
MOTION PASSED UNANIMOUSLY.
Chair Twait noted the 15-day appeal period.
2. 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.
MOTION:
Vice Chair Halstead MOVED to adopt Resolution PZ2023-05. Commissioner Greenberg SECONDED
the motion.
Planning Director Mitchell presented her staff report with information provided in the packet explaining
that the applicant proposes to construct an addition to an assisted living facility. The addition will include
specialized memory care units, additional assisted living suites and various amenities, and will adjoin
Buildings 1 and 2 which have both been issued CUPs. The application meets development, parking and
access requirements, and the applicant is proposing access through adjacent property connecting to
Ponderosa and a ten-foot vehicle access. The criteria for CUPs was reviewed; it was noted the application
met the criteria and City staff recommends approval 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.
3. Obtain a minimum 60-foot right of way easement on the adjacent property for ingress and egress
from/to Ponderosa Street.
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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 façade and the south property line.
7. Applicant must obtain a sign permit for the proposed monument sign.
Applicant Doug Clegg, CEO of Aspen Creek Senior Living, explained the need for a memory care unit
on the Peninsula, and discussed the challenges of operating multiple buildings in a campus during harsh
weather conditions and the benefits of having a facility that provides amenities for seniors such as
exercise facilities, performing art centers, staff training centers, and common areas.
Chair Twait opened for public hearing.
Sasha Fallon expressed support for the expansion of Aspen Creek, noting that she works in the field of
senior social services and her mother is a resident at this facility. She cited the need for senior housing
on the Peninsula and her positive experiences with the current facility and its management.
Brad Howser discussed the growing population of seniors on the Peninsula and the need for senior
facilities, specifically memory care. He explained how connecting the buildings will create a safer facility,
and emphasized that Aspen Creek wants to keep seniors on the Peninsula close to their families and
provide them with quality of life. He stated that there will be greater need for senior facilities in the future.
In response to questions from the Commission, clarification was provided on the facility’s plans for access
streets, snow removal, the high demand for memory care, staffing, easement paving and extension of
utilities for potential future development in the area, and parking lot lighting.
Renee Bryant expressed excitement about the new amenities that will be available for residents, and the
addition of a memory care center that will provide better facilities and engagement for seniors with
dementia. She also highlighted the lack of a tracking system for seniors with dementia, which the center
will provide, as well as the growing waitlist for senior living spaces.
Christine Smith discussed the value of adding a safe and engaging space for residents with dementia
and the challenges of providing activities for residents in two different buildings. Christine emphasized
the importance of meeting the residents' activity needs and the impact of the winter weather on their
safety and well-being.
Jackie Lane spoke about the importance of training for staff and how the building design will aid in safer
movement for residents in wheelchairs or with walkers. She emphasized the importance of providing top-
notch training for staff who are taking care of elders in the community. She expressed her belief that the
building design will have a huge impact on Aspen Creek in every aspect.
Ashley Nichols expressed support for the building design and layout, stating that it will be beneficial for
physical therapy. The addition of a division in the hall will give in-house physical therapists more room to
work with, helping to increase their effectiveness.
There being no one wishing to be heard, the public hearing was closed.
Support was expressed for providing improvements to much-needed facilities. Concerns were raised
about Ponderosa Street being small and relatively undeveloped, and it was noted that notices were sent
to all property owners within 300 feet and no comments were received from them. Clarification was
provided that few residents would be driving and increased traffic would be due to additional staff, and
that Aspen Creek specializes in assisted living as opposed to active senior living facilities but there will
be a greater need for all senior services in the future.
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March 22, 2023
VOTE:
YEA: Twait, Fikes, Greenberg, Coston, Halstead, Glendening, Woodard
NAY: None.
MOTION PASSED UNANIMOUSLY.
Chair Twait noted the 15-day appeal period.
G. UNFINISHED BUSINESS – None.
H. NEW BUSINESS
1. Action/Approval - Recommending City Council Approval of the Student Representative
Policy No. 20.100.
It was reported that this would repeal both of the existing student representative policies and establish
one policy that would be applicable to all boards, commissions and councils; she reviewed the proposed
changes to the policy.
Clarification was provided that the draft policy as currently written would allow Junior’s or Senior’s in good
standing at a school within the Kenai City Limits, this would include homeschool and private school
students.
There was discussion regarding the proposed amendments would allow homeschool and private school
students.
MOTION:
Vice Chair Halstead MOVED to recommend the City Council approval of the Student Representative
Policy No. 20.100. Commissioner Woodard SECONDED the motion.
There was discussion regarding the proposed draft policy addressing concerns voiced in the past;
support was voiced for reducing the term to a 1-year; the recruitment process would take both the Clerk’s
Office and the School Administration; the number of possible applicants and the possibility of alternate
student representatives.
[Clerk’s note: Commissioner Coston exited the meeting following the previous vote.]
VOTE:
YEA: Fikes, Greenberg, Halstead, Glendening, Woodard, Twait
NAY: None
ABSENT: Coston
MOTION PASSED UNANIMOUSLY.
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.
City Clerk Saner reviewed the proposed amendments to the Procedures for Commissions, Committees
and Council on Aging Policy.
Clarification was provided that video and audio recordings are kept; the proposed amendments would
clarify Commissioners may only speak on behalf of the body they are serving on when approved to do
so by a majority vote of that body; if a Council Member was in attendance and testifying on an issue as
a resident they must clearly state that prior to testifying.
MOTION:
Vice Chair Halstead MOVED to recommend the City Council approval of the Amendments to City Council
Policy No. 2016-01. Commissioner Woodard SECONDED the motion.
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March 22, 2023
There was discussion regarding this being a general housekeeping process; for a Council Member to
bring a legislative issue to a Commission, the legislation should have already been introduced by Council;
and because Council Members are part of the final decision making body, it is recommended that they
refrain from testifying in front of the Commissions to allow the Commission recommendations to be
uninfluenced by the Council Member.
VOTE:
YEA: Woodard, Twait, Fikes, Greenberg, Halstead, Glendening
NAY: None
ABSENT: Coston
MOTION PASSED UNANIMOUSLY.
I. PENDING ITEMS – None.
J. REPORTS
1. City Council – Council Member Knackstedt reported on the actions of the March 1 and
March 15, 2023 City Council meetings, and noted that the City has hired an Interim Finance
Director.
2. Kenai Peninsula Borough Planning – Commissioner Fikes reported on the actions of the
March 20, 2023 Kenai Peninsula Borough Planning Commission Meeting.
3. City Administration – Planning Director Mitchell reported on the following:
• Noted public comments provided in the laydown, and discussed how short-term rentals
will be addressed at future commission work sessions.
• The River Center is having an open house; the City will be there to answer questions
from residents about development within the floodplain.
• Reviewed National Flood Plain Insurance training with FEMA in Anchorage; in process
of updating map.
• Update on Administrative Assistant hiring progress.
• Recognized long-serving commissioners Joe Halstead (eight years), Diane Fikes (10
years) and Gary Greenberg (10 years); provided with certificates of appreciation and pins.
• Parks & Recreation Director has resigned.
• Attending training at a sign expo in Las Vegas on April 10-13.
• Difficulties with posting public notice signs while understaffed and with winter weather
conditions.
• Will be visiting sites with a CUP for lodging during upcoming peak season to see firsthand
if complaints are valid.
• Collaborating with other departments to create a one-stop shop for development permits.
K. ADDITIONAL PUBLIC COMMENT – None.
L. INFORMATIONAL ITEMS
M. NEXT MEETING ATTENDANCE NOTIFICATION
1. Next Meeting: April 12, 2023
It was noted that Director Mitchell would be out of town on April 12th, and the next meeting would be
April 26, 2023.
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March 22, 2023
N. COMMISSION COMMENTS AND QUESTIONS
Commissioner Glendening thanked everyone for the good meeting.
Commissioner Woodard noted that she is circulating a petition to repeal rank choice voting.
Vice Chair Halstead said it was a good meeting.
Commissioner Greenberg commented on the ordinance regulating chickens that was passed at the
previous meeting, noting that it was good work.
Commissioner Fikes said thanks for her certificate of appreciation.
Chair Twait noted that it may be good to start implementing maximum occupancy on lodging CUPs.
O. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 10:19 p.m.
I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of March
22, 2023.
___________________________________
Meghan Thibodeau
Deputy City Clerk
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STAFF REPORT
PLANNING & ZONING DEPARTMENT
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: April 21, 2023
SUBJECT: 1303 Lawton Drive – Granting a Home Occupation Permit for Cottage Food
Operation
Request The applicant is requesting to use a portion of the detached garage for
a cottage food operation.
Staff
Recommendation
Approve the Home Occupation Permit for a Cottage Food Operation.
Applicants: Chris and Wikima Johnson (dba Aurora Acres, LLC)
Property Owner: Chris Johnson
Legal Description: Lot 5A of Eventyr Subdivision Number 3
Property Address: 1303 Lawton Drive
KPB Parcel No.: 04515425
Lot Size: 1.75 acres
Zoning: Suburban Residential (RS)
Current Use: Single-Family Dwelling
Land Use Plan: Suburban Residential (SR)
SUMMARY
The applicants have submitted an application for a Home Occupation Permit (HOP) for a cottage
food operation. At this time, the applicants are looking to start a freeze drying business with the
hopes of selling food products on their website. The proposed use would take place within a
portion (11 feet by 24 feet; approximately 264 square feet) of the existing 1,024 square foot
detached garage. On the application, the applicants noted that there will not be any customers
coming onto the property and the food product will be sold at Farmer Markets or online. The
applicants indicated that they intends to have a small business sign.
KJ;NAI
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1303 Lawton Drive
Home Occupation Permit
Cottage Food Operation Page 2 of 3
Alaska Food Code regulations allow the sale of non-potentially hazardous (does not require
temperature control for safety) foods directly to the consumer without a permit if certain conditions
are met. It is the property owner’s responsibility to determine if a permit is required from Alaska
Department of Environmental Health. The property owner has verbally expressed that they do
meet certain conditions and therefore, not subject to a permit with Alaska Department of
Environmental Health for the proposed home occupation.
ANALYSIS
Pursuant to KMC 14.20.230(a), the intent of a home occupation permit is to allow uses that are
compatible with other permitted uses and with the residential character of a neighborhood, and
that are clearly secondary or incidental to the residential use of the main building. Prior to granting
a home occupation permit, the administrative official shall determine that the application meets
the criteria as outlined in KMC 14.20.230 Home Occupations Permit Application and recommend
that the Commission grant the permit on the consent agenda.
The proposed cottage food operation meets the intent of Kenai Zoning Code for home
occupations because it would be an accessory use to the existing single-family residence and
the average neighbor would not be aware of the use. Additional parking is not required for the
home occupation as the use is prohibited from on-site retail sales.
Home Occupations – Development Requirements
Kenai Municipal Code 14.20.230(d) sets forth the development requirements of a Home
Occupation, as follows:
KMC14.20.230(d)(1) Not more than one (1) person outside the family shall be
employed in the Home occupation.
Findings: The applicant states that there will not be more than one person outside of the
family that will be employed for the home occupation. This requirement is met.
KMC 14.20.230(d)(2) No more than thirty percent (30%) of the gross floor area of all
buildings on the lot shall be used for the home occupation.
Findings: Applicant has submitted a site plan and a floorplan (see attachments) detailing
the area being used in the detached garage for cottage food operation. This area is
approximately 264 square feet and is less than 30% of the gross floor area of all buildings
on the lot. This requirement is met.
KMC 14.20.230(d)(3) The home occupation shall be carried on wholly within the
principal building, or other buildings which are accessory thereto. Any building
used for a home occupation shall be wholly enclosed.
Findings: Only a portion of the detached garage will be used for the cottage food
operation and it is fully enclosed. This requirement is met.
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1303 Lawton Drive
Home Occupation Permit
Cottage Food Operation Page 3 of 3
Fire Code Inspections
Pursuant to KMC 14.20.230, [r]esidences which are the subject of a home occupation permit
application (other than day care facilities) may be required to be inspected by the Fire Marshal for
compliance with the Fire Code (KMC 8.05) prior to approval of the permit, if the Fire Marshal
determines it is necessary for public safety.
During the building permit review, the Fire Marshall will make a determination if an inspection is
required.
PUBLIC NOTICE
Pursuant to Kenai Municipal Code 14.20.230(e)(4) Notice of the consideration by the Commission
of a home occupation permit application shall be published once at least two (2) days prior to the
meeting in a paper of general circulation in the City of Kenai. The public notice is scheduled to be
published on Saturday, April 22, 2023 in the Peninsula Clarion.
At this time, staff has not received any comments on the subject matter.
STAFF RECOMMENDATION
Staff finds that the proposed use meets the criteria for issuance of a Home Occupation Permit as
set forth in Kenai Municipal Code 14.20.230, and hereby recommends that the Planning and
Zoning Commission grant the Home Occupation Permit for a cottage food operation within the
designated area of the existing detached garage, 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 Home Occupation Permit.
2. Upon request, the applicant or applicant’s representative shall meet with City staff for an
on-site inspection.
3. No on-site retail sales.
4. No exterior evidence of the home occupation; all equipment, supplies, and materials used
in the business must be stored inside a building.
5. A building permit is required for any alterations/renovations to the existing detached
garage.
6. If a sign is proposed, applicant must obtain a sign permit for the Home Occupation.
ATTACHMENTS
Aerial Map
Application
Site Plan
Floorplan
Page 13
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: April 21, 2023
SUBJECT: Action/Approval – Transfer of Conditional Use Permits PZ05-14,
PZ2013-14, and PZ2014-07 for RV Park and Cabin Rentals
The Planning and Zoning Commission granted a Conditional Use Permit (PZ05-14) to Port of
Kenai, LLC on June 8, 2005 for a RV Park with approximately 88 RV spaces, boat storage area,
and office/store/shower/laundry facility on the 16.5-acre property described as US Survey 678
AMD, located at 810 Childs Avenue. Subsequently, the Planning and Zoning Commission granted
additional Conditional Use Permits (PZ2013-14 and PZ2014-07) for Cabin Rentals for housing
personnel (a total of 13 portable cabins and 2 bath houses) on the same property.
On February 10, 2023, Port of Kenai, LLC conveyed the property to Riverfront Investments, LLC.
On February 23, 2023, an Application for Transfer of Conditional Use Permit (CUP) was submitted
by Transferee, Riverfront Investments, LLC in accordance with Kenai Municipal Code (KMC), as
set forth below:
KMC 14.20.150(l)(5) A Conditional Use Permit is not transferable from one (1) parcel
of land to another. Conditional Use Permits may be transferred from one (1) owner to
another for the same use, but if there is a change in use on the property, a new permit
must be obtained.
KMC 14.20.157(a) No Conditional Use Permit issued hereunder shall be transferred
until the proposed transferee has made application for transfer in writing filed with the
administrative official, which application shall state that he intends to be bound by the
plan and statements contained in the application of the permit holder or shall contain
the amendments to the plan his proposed operation would mandate. The Commission
shall approve the application for transfer and in so doing amend the site plan and
statements if such amendments as are contained in the application for transfer would
have been approved had they been contained in the original application.
The transferee, Riverfront Investment, LLC is required to operate under the terms and conditions
of the original Conditional Use Permits PZ05-34, PZ2013-14, and PZ2014-07 granted by the
Planning & Zoning Commission.
City of Kenai I 210 f=idalgo A ve, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city
Page 18
Page 2 of 2
STAFF RECOMMENDATION
Staff hereby recommends approval of the Transfer of Conditional Use Permits PZ05-34, PZ2013-
14, and PZ2014-07, subject to the conditions as set forth in the original CUPs and additional
condition, as follows:
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 Permits.
ATTACHMENTS
A. Application
B. Aerial Map
C. Resolution PZ05-34
D. Resolution PZ2013-14
E. Resolution PZ2014-07
The City of Kenai I www.kenai.city
Page 19
Transfer of
Conditional Use Permit
Application
Current CUP Holder (Transferor):
Mailing Address:
City: State:
Phone Number(s):
Email:
Proposed Ne
Mailing Address:
City:
Phone Number(s):
Email:
Kenai Peninsula Bo
Physical Address:
Legal Description:
Current CUP Resolution #:
Allowed Use by Current CUP:
City of Kenai
Planning and Zoning Department
210 Fidalgo Avenue
Kenai, AK 99611 (907)283-8200
planning@kenai.city
www.kenai.city/planning
Zip Code:
Zip Code:
CERTIFICATION OF TRANSFEREE: I hereby certify that I am the property owner (transferee), or have been
authorized to act on behalf of the property owner, and hereby apply for a Transfer of Conditional Use Permit. I
agree to operate under the terms and conditions of the original Conditional Use Permit and application. I hive
submitted with this transfer application any amendments to the site plan or proposed am endments to operation. If
amendments would prevent compliance with terms and conditions of the Conditional Use Permit to be transferred,
a new Conditonal Use Permit may be required. I understand site visits may be required to process this application
for purpose of confirming compliance with conditional use permit conditions. /
Signature:
ACKNOWLEDGEMENT OF TRANSFEROR: I hereby acknowledge this application for a Transfer of Conditional
Use Permit and consent to the transfer.
Signature: Date:
Print Name: Title/Business:
For City Use Only Date Application Fee Received:
PZ Resolution Number:
Port of Kenai LLC
2404 Boyer Avenue, Suite E
Seattle WA 98112
206-322-3705
ryan_pleas@msn.com
04901401
US Survey 678 AMD
PZ05-14, PZ2013-14, and PZ2014-07
RV Park and Cabin Rentals
2/24/2023
N/A
Zoning:
I
Print Name: Title/Business:
Page 20
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THE 14TH DAY OF MAY, 2014.
CHAIRPERSON:~ 1Jil; ATTEST: §JJtML
Page 25
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: April 21, 2023
SUBJECT: Action/Approval – Transfer of Conditional Use Permit PZ2018-03
(Substitute) for a Limited Marijuana Cultivation Facility
The Planning and Zoning Commission granted a Conditional Use Permit PZ2018-03 (Substitute)
to Grateful Bud, LLC on June 13, 2018 for the operation of an approximately 500 square foot
limited marijuana cultivation facility within an existing attached garage on the property described
as Government Lot 5, Section 26, Township 6 North, Range 12 West, located at 1817 Sunset
Boulevard. The Grateful Bud, LLC was incorporated on January 9, 2018, and the initial biennial
report indicates Jennifer Huffman is a 100% shareholder in the company.
On March 24, 2023, an Application for Transfer of Conditional Use Permit (CUP) was submitted
by Transferor, Grateful Bud, LLC in accordance with Kenai Municipal Code (KMC), as set forth
below:
KMC 14.20.150(l)(5) A Conditional Use Permit is not transferable from one (1) parcel
of land to another. Conditional Use Permits may be transferred from one (1) owner to
another for the same use, but if there is a change in use on the property, a new permit
must be obtained.
KMC 14.20.157(a) No Conditional Use Permit issued hereunder shall be transferred
until the proposed transferee has made application for transfer in writing filed with the
administrative official, which application shall state that he intends to be bound by the
plan and statements contained in the application of the permit holder or shall contain
the amendments to the plan his proposed operation would mandate. The Commission
shall approve the application for transfer and in so doing amend the site plan and
statements if such amendments as are contained in the application for transfer would
have been approved had they been contained in the original application.
The transferee, Richard Huffman, 100% shareholder of Grateful Buds, LLC is required to operate
under the terms and conditions of the original Conditional Use Permit PZ2018-03 (Substitute)
granted by the Planning & Zoning Commission.
City of Kenai I 210 f=idalgo A ve, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city
Page 26
Page 2 of 2
STAFF RECOMMENDATION
Staff hereby recommends approval of the Transfer of Conditional Use Permit PZ2018-03
(Substitute), subject to the conditions as set forth in the original CUP and additional condition, as
follows:
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.
ATTACHMENTS
A. Application
B. Aerial Map
C. Resolution PZ2018-03 (Substitute)
The City of Kenai I www.kenai.city
Page 27
Reso lution No . PZ2018-03 Cond iti onal Use Permit
P ag e 12
areas in a form , wh ich crea tes a stable and attractive residential environment.
Pursuant to the submitted floor plan , the Mari j uana Cu ltivation Faci li ty will be d ivided into
two areas . One area will be designated for the cultivation of mature flowering plants and
secure storage area . The second area will be for the growth of immature plants . The facil ity
will include secure entry po ints utilizing commercial grade door locks and deadbolts with
internal vestibules and a secure storage room. The secure storage room will be for all
marijuana and products. The secured storage room wi ll be reinforced and cl imate controlled
ensuring that all marijuana and product is in a secured, locked access area that will prevent
degradation, theft, and loss. The exterior perimeter wall , interior separation walls, and
dividing walls to restricted access areas will be enhanced with intrusio n resistant paneling to
enhance prevention of exterior penetration. The existing garage doors will be locked with
commercial locks . A permanent wall wil l be bu ilt on the outside of the building to enclose the
garage door opening.
Kenai Municipal Code 14.20.330(f) provides that no portion of a CME can be located within
the following buffer distances:
(1) 1,000 feet of any primary and secondary schools (K-12) and 500 feet of any vocational
programs, post-secondary schools including but not limited to trade, technical, or vocational
schools, colleges and universities, recreation or youth centers , correctional facilities, churches,
and state licensed substance abuse treatment facilities providing substance abuse treatment;
and,
(2) Buffer distances shall be measured as the closest distance from the perimeter of a stand-
alone commercial marijuana establishment structure to the outer boundaries of the school,
recreation or youth center, or the main public entrance of a church, correctional facility, or a
substance abuse treatment facility providing substance abuse treatment. If the commercial
marijuana es tablishment occupies only a portion of a structure, buffer distances are measured
as the closest distance from the perimeter of the closest interior wall segregating the
commercial marijuana establishment from other uses , or available uses in the structure , or an
exterior wall if closer, to the outer boundaries of the school, recreation or youth center, or the
main public entrance of a church or correctional facility, a substance abuse treatment facility
pro viding substance abuse treatment.
In rev iew ing the submitted appl ication and the City 's Geograph ic Information System , it does
not appear that there are any facil ities, which would require buffering from the proposed
CME .
There are currently nine parcels within a 500 foot periphery of the parce l owned by the
property owners applying for the Conditional Use Permit for a Marijuana Cultivation Facility,
Limited. Of those nine parcels, five of the parcels are vacant and four of the parcels,
including the applicant's parcel , conta in s ingle family residences . Two of these parce ls are
outside of the Kenai c ity limits and are located within the Kenai Peninsula Borough .
Kenai Municipal Code 14.20.330(i) provides that a Marijuana Cultivation Facility, Limited
may be located on any size lot in the Rural Residential (RR) zone; therefore , the subject
parcel meets the m i nimum lot size for a Marijuana Cu ltivation Facility, Limited.
Page 31
Resolution No. PZ2018-03 Conditional Use Permit
Page 13
Pursuant to the submitted site plan, primary access to the subject Commercial Marijuana
Establishment (CME) would be from the existing private driveway off Sunset Boulevard.
According to the submitted application, the appl icants do not intend to construct any signs or
otherwise advertise the subject CME in any way. Therefore, the average person passing by
the subject parcel would not be able to identify the CME as being located on the property .
Given the above discussion within the context of the proposed land-use project, it seems
reasonable that the proposed Commercial Marijuana Establishment would be consistent
with the intent of KMC 14.20.150 and the intent of the Rural Residential Zoning District with
respect to the proposed use as a CME.
(2) The value of the adioining property and neighborhood will not be significantly impaired;
The proposed development must be in compliance with the requirements of KMC 14 .20.330
-Standards for Commercial Marijuana Establishments. In addit ion, the proposed
development must also be in compl iance with Alaska Statue 17.38, an Act to Tax and
Regulate the Production, Sale, and Use of marijuana as well as Alaska Administra t ive Code
-Title 3 -Marijuana Control Board -Omnibus licensure requirements and procedures for
ma rijuana establishments.
Pursuant to KMC 14.20.330 -Standards for Commercial Marijuana Establishments,
provisions have been put in place to help mitigate impacts to the value of adjoining property
and the surrounding neighborhood.
As reviewed by staff, the proposed CME would be contained within a fully enclosed secure
indoor facility as required by KMC 14.20.330(d), thereby, helping to mitigate the potential
impact to surrounding property owners. In addition, pursuant to KMC 14.20 .330(e) CME's
may not emit an odor that is detectable by the public from outside the CME. Pursuant to
Section 4 of the Operating Plan Supplemental submitted by the applicant to the Alaska
Marijuana Control Board, the applicant has indicated that they will imp lement an Odor
Control Plan. The Odor Control Plan will consist of carbon filters and use of negative air
pressure. The negative pressure produced by the fans drawing suct ion on a restricted
airspace will prevent any orders from escaping to be detected by the public per AAC
306 .43( c )(2). Applicant states that the air filtration system will scrub the entire volume of air
in the facility ten (10) times an hour preventing any detectable orders from leav ing the
premises.
Concerning visual impacts and auditory impacts of the proposed CME, pursuant to the
submitted application materials, the applicants would have a secure Cultivation Facility . The
facility will include secure entry points utilizing commercial grade door locks and deadbolts .
The existing garage doors will be locked with commercial locks. A permanent wall will be
constructed over the garage door to enclose the openings . There would be no other
proposed exterior modifications to the subject garage . Access to the proposed CME would
only be allowed by those persons who are 21 years of age or older.
Staff believes that the value of the adjoining property and neighborhood will not be
significantly impaired .
(3) The proposed use is in harmony with the Comprehensive Plan;
The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Low
Page 32
Resolution No . PZ2018-03 Conditional Use Permit
Page 14
Density Residential (LOR). The plan defines LOR as "Low Density Residential because of
poor site conditions is intended for large-lot single-family 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."
There are currently four single family dwellings located off of Sunset Boulevard, including
the parcel where the proposed Marijuana Cultivation Facility, Limited is to be located. There
has not been any commercial development in this area; however, there are two parcels
which front the Kenai Spur Highway and it is reasonable to believe that there may be
commercial development on those parcels in the future. Kenai Municipal Code 14.22 .010 -
Land Use Table provides that the majority of commercial uses in the Rural Residential Zone
(RR) require a Conditional Use Permit. At the time of development of these two parcels for a
commercial use , it is likely that property owners would be requ ired to make application for a
Conditional Use Permit for a commercial use.
Goal 3 -Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss land
use strategies to imp lement a forward -looking approach to community growth and
development. Objective LU-1 states "Establish siting and des ign standards so that
development is in harmony and scale with surrounding uses." The applicants have stated
that they do not plan to enlarge the existing attached garage nor make any additional
improvements to the structure other than, installing intrusion resistant paneling, enclosing
the garage door openings and installing security doors with commercial grade locks and
deadbolts. Pursuant to KMC 14 .20.330(d) the growing, preparation and packaging of all
marijuana will be conducted in a fully enclosed secure indoor facility. Thus , there will be no
anticipated evidence that surrounding neighbors will view the proposed operation of the
CME. Therefore, the proposed development would be in harmony with the 2030 Imagine
Kenai Comprehensive Plan .
( 4) Public services and facilities are adequate to serve the proposed use;
The subject property is served by a private onsite water well and septic system . Water used
in the proposed CME will be collected and reused; therefore, there would not be any water
runoff from the proposed CME. Any wastewater, which is not reused, would be voided into
the existing onsite septic system.
City of Kenai police and fire department resources are sufficient to serve the proposed use.
(5) The proposed use will not be harmful to the public safety, health, or welfare;
With regards to buffer distances as discussed in KMC 14.20.330(f)(1 ), the proposed CME
would not be located within 1,000 feet of any primary and secondary scho o l (K-12) or within
500 feet of any vocational program, post-secondary school inc.luding but not limited to trade,
technical, or vocational schools, college and universities . In addition, it would not be within
500 feet of any , recreation or youth centers, correctional facilit ies, churches , and state
licensed substance abuse treatment facilities providing substance abuse treatment.
Therefore, the proposed CME meets the buffer requirements of KMC 14.20.330(f)(1 ).
Page 33
Resolution No . PZ2018-03 Conditional Use Perm it
Page IS
Given the above discussion and proposed conditions of approval, staff believes that the
proposed CME would not have a harmful impact to the public safety, health or welfare,
provided that all cond itions recommended by staff and the Plann ing and Zoning Comm ission
are followed .
WHEREAS, any and all specific conditions deemed necessary by the Planning and Zoning
Commission to fulfill the conditions as set forth below shall 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 , as follows:
1. Further development of the property shall conform to all State and local regulations .
2. A building permit will be required for the construction of the Commercial Marijuana
Establ ishment as shown on the submitted floor plan.
3. Prior to operation of the Marijuana Cultivation Fac ility, Limited, the property owner shall
submit a copy of an approved Business License issued by the State of Alaska, Department
of Commerce, Community , and Economic Development.
4 . Prior to operation of the Marijuana Cultivation Facility, Limited, the property owner shall
submit a copy of the approved and fully executed license for the Retai l Marijuana Store and
the Marijuana Cultivation Facility, Limited. The applicant shall comply with all regulations as
stipulated by the State of Alaska Marijuana Control Board.
5. There are to be no signs placed on the subject parcel or on the subject Commercial
Marijuana Establishment , wh ich advertise its use on the property .
6 . All security lighting for the Commercial Marijuana shall be downcast and shielded .
7. At no time shall the Commercial Marijuana Establishment be open to the public, nor shall
the CME be accessible by the public .
8. Pursuant to Kena i Municipal Code Section 14 .20 .330(e), the Commercia l Marij uana
Establ ishment shall not emit an odor that is detectab le by the public from outside the
Commercial Marijuana Establ ishment.
9. Pursuant to Kenai Municipal Code Section 14.20 .150(f), the applicant shall submit an
Annual Report to the City of Kena i.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS DEMONSTRATED THAT
THE PROPOSED OPERATION OF AN APPROXIMATELY 500 SQUARE-FOOT MARIJUANA
CULTIVATION FACILITY, LIMITED, WITHIN AN EXISTING APPROXIMATELY 1, 252
SQUARE-FOOT ATTACHED GARAGE MEETS THE CONDITIONS REQUIRED FOR SAID
OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE
ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT .
Page 34
Resolution No. PZ2018-03 Conditional Use Permit
P ag e 16
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 13th day of June, 2018.
ATTEST:
Page 35
Kenai City Council - Regular Meeting Page 1 of 3
April 05, 2023
Kenai City Council - Regular Meeting
April 05, 2023 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
**Telephonic/Virtual Information on Page 3**
www.kenai.city
Action Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comments limited to three (3) minutes per speaker; thirty (30) minutes
aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the council
and will be approved by one motion. There will be no separate discussion of these items unless a
council member so requests, in which case the item will be removed from the consent agenda and
considered in its normal sequence on the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker)
1. Samantha Springer, Executive Director of the Kenai Chamber of Commerce and Visitor Center.
C. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY. Ordinance No. 3339-2023 - Accepting and Appropriating
Donations to the Kenai Animal Shelter for the Care of Animals. (Administration)
2. ENACTED UNANIMOUSLY. 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)
3. ENACTED UNANIMOUSLY. Ordinance No. 3341-2023 - Accepting and Appropriating a
Donation to the Kenai Senior Center. (Administration)
4. POSTPONED INDEFINITELY. Resolution No. 2023-24 - Supporting State of Alaska
Legislative Action Increasing the Base Student Allocation by at Least $1000 to Adequately Fund
and Restore Student School Resources and Learning Opportunities. (Knackstedt)
5. ADOPTED UNANIMOUSLY. Resolution No. 2023-25 - Authorizing a Construction Contract
and Corresponding Purchase Order for the 2023 Kenai Recreation Center Upgrades Project
and an Increase to the Existing Design Services Purchase Order for Construction Administration
Services. (Administration)
E. MINUTES
Page 36
Kenai City Council - Regular Meeting Page 2 of 3
April 05, 2023
1. *Regular Meeting of March 15, 2023. (City Clerk)
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council
Approval in Accordance with KMC 7.15.020. (Administration)
3. *Action/Approval - Non-Objection to the Renewal of a Liquor License for Don Jose’s, LLC.,
DBA: Don Jose's Mexican Restaurant - License No. 3039. (City Clerk)
4. *Ordinance No. 3342-2023 - Increasing Estimated Revenues and Appropriations in the
Congregate Housing Fund for Costs in Excess of Budgeted Amounts. (Administration)
5. *Ordinance No. 3343-2023 - Accepting and Appropriating a Volunteer Fire Assistance Grant
from the United States Department of Agriculture Forest Service Passed through the State of
Alaska Division of Forestry for the Purchase of Forestry Firefighting Equipment. (Administration)
6. *Ordinance No. 3344-2023 - Amending Kenai Municipal Code Chapter 8.20 - Fireworks
Control, by Removing References to City Permits - which are Redundant to the States Firework
Display Permit. (Administration)
7. APPROVED UNANIMOUSLY. Action/Approval - Granting an Easement on Both Sides of Boat
Launch Road to the Alaska Department of Transportation in Support of the Bridge Access Road
Pavement Preservation Project. (Administration)
8. BUDGET WORK SESSION SCHEDULED FOR 9:00 AM ON APRIL 29, 2023.
Discussion/Action - Scheduling a Budget Work Session. (Gabriel)
9. COUNCIL EMPLOYEE EVALUATIONS SCHEDULED FOR 6:00 PM ON APRIL 27, 2023 AND
MAY 3, 2023. Discussion/Action - 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
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)
Page 37
Kenai City Council - Regular Meeting Page 3 of 3
April 05, 2023
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 OR
https://us02web.zoom.us/j/89359317317 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 893 5931 7317 Passcode: 224157 Meeting ID: 893 5931 7317 Passcode: 224157
Page 38
Kenai City Council - Regular Meeting Page 1 of 3
April 19, 2023
Kenai City Council - Regular Meeting
April 19, 2023 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
**Telephonic/Virtual Information on Page 3**
www.kenai.city
Action Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items
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 ADMINISTRATIVE REPORTS
1. Fiscal Year 2022 Audit Report, Joy Merriner, BDO USA, LLP.
2. Spruce Bark Beetle Mitigation Update, City of Kenai Fire Chief Tony Prior.
C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker)
D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
E. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY. Ordinance No. 3342-2023 - Increasing Estimated Revenues and
Appropriations in the Congregate Housing Fund for Costs in Excess of Budgeted Amounts.
(Administration)
2. ENACTED UNANIMOUSLY. Ordinance No. 3343-2023 - Accepting and Appropriating a
Volunteer Fire Assistance Grant from the United States Department of Agriculture Forest
Service Passed through the State of Alaska Division of Forestry for the Purchase of Forestry
Firefighting Equipment. (Administration)
3. ENACTED UNANIMOUSLY. Ordinance No. 3344-2023 - Amending Kenai Municipal Code
Chapter 8.20 - Fireworks Control, by Removing References to City Permits - which are
Redundant to the States Firework Display Permit. (Administration)
4. ADOPTED UNANIMOUSLY. Resolution No. 2023-26 - Amending the City Council’s
Procedures for Commissions, Committees and Council on Aging Policy No. 2016-01 and
Renumbering to Policy No. 20.020. (Gabriel, Baisden)
5. ADOPTED UNANIMOUSLY. Resolution No. 2023-27 - Repealing the City Council’s
Unnumbered Student Representative Policy, Repealing the Parks and Recreation Commission
Page 39
Kenai City Council - Regular Meeting Page 2 of 3
April 19, 2023
Student Representative Policy No. 2018-01, and Enacting City of Kenai Student Representative
Policy No. 20.100. (Gabriel, Baisden)
6. ADOPTED UNANIMOUSLY. Resolution No. 2023-28 - Approving a Twelve-Month Extension
of Time for Good Cause for the Completion of Permanent Improvements for a Lease Between
the City of Kenai and Schillings Rentals, LLC for Airport Reserve Lands Described as Lot 5A,
Block 1, FBO Subdivision 2018 Replat. (Administration)
F. MINUTES
1. *Regular Meeting of April 5, 2023. (City Clerk)
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Non-Objection to the Renewal of a Liquor License for AK Inc., DBA:
Speedway Express #60206 - License No. 4544. (City Clerk)
3. *Ordinance No. 3345-2023 - Accepting and Appropriating Donations for Construction of the
Kenai Community Dog Park. (Administration)
4. *Ordinance No. 3346-2023 - Increasing Estimated Revenues and Appropriations in the
General Fund, Fire Department for the Purchase of an Inflatable Rescue Boat. (Administration)
5. *Ordinance No. 3347-2023 - Establishing the Storefront and Streetscape Improvement
Program and Appropriating $50,000 from the General Fund. (Askin, Sounart)
6. WORK SESSION SCHEDULED FOR MAY 3, 2023 AT 4:30 P.M. Discussion/Action
- Scheduling a Council Work Session on Employee Recruitment and Retention Difficulties and
Recommendations for May 3, 2023 at 4:30 p.m. (Administration)
I. 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
J. REPORT OF THE MAYOR
1. Mayoral Proclamation Congratulating the Kenai Central Kardinal Cheer Team.
K. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
L. ADDITIONAL PUBLIC COMMENTS
Page 40
Kenai City Council - Regular Meeting Page 3 of 3
April 19, 2023
1. Citizens Comments (Public comments limited to five (5) minutes per speaker)
2. Council Comments
M. EXECUTIVE SESSION
N. PENDING ITEMS
O. ADJOURNMENT
P. 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 OR
https://us02web.zoom.us/j/83088106692 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 830 8810 6692 Passcode: 205109 Meeting ID: 830 8810 6692 Passcode: 205109
Page 41
Plat Committee
Kenai Peninsula Borough
Meeting Agenda
144 North Binkley Street
Soldotna, AK 99669
Betty J. Glick Assembly Chambers6:30 PMMonday, April 24, 2023
Zoom Meeting ID: 907 714 2200
The hearing procedure for the Plat Committee public hearings are as follows:
1) Staff will present a report on the item.
2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative
– 10 minutes
3) Public testimony on the issue. – 5 minutes per person
4) After testimony is completed, the Planning Commission may follow with questions. A person may only
testify once on an issue unless questioned by the Planning Commission.
5) Staff may respond to any testimony given and the Commission may ask staff questions.
6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present
new testimony or evidence.
7) The Chair closes the hearing and no further public comment will be heard.
8) The Chair entertains a motion and the Commission deliberates and makes a decision.
All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or
her name and mailing address on the sign-in sheet located by the microphone provided for public comment.
They must begin by stating their name and address for the record at the microphone. All questions will be
directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities.
Decorum must be maintained at all times and all testifiers shall be treated with respect.
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and
noncontroversial by the Plat Committee and may be approved by one motion. There will be no separate
discussion of consent agenda items unless a Planning Commissioner removes the item from the consent agenda.
The removed item will then be considered in its normal sequence on the regular agenda. If you wish to comment
on a consent agenda item, please advise the recording secretary before the meeting begins, and she will inform
the Chair of your wish to comment.
Page 1 Printed on 4/18/2023Page 42
April 24, 2023Plat Committee Meeting Agenda
1. Agenda
2. Member / Alternate Excused Absences
3. Minutes
April 10, 2023 Meeting MinutesKPB-5105
D. OLD BUSINESS
E. NEW BUSINESS
Trout View Subdivision; KPB File 2022-127KPB-51061.
E1. Trout View Sub_PacketAttachments:
Forest Trails Subdivision; KPB File 2023-038KPB-51072.
E2. Forest Trails_PacketAttachments:
Harlie A. Fellers Subdivision 2023 Replat; KPB File 2023-037KPB-51083.
E3. Harlie A. Fellers Sub 2023 Replat_PacketAttachments:
Right-Of-Way Acquisition Park Road; KPB File 2023-033KPB-51094.
E4. ROW Acquisition Park Rd_PacketAttachments:
Waterman Spring Replat 2023; KPB File 2023-039KPB-51105.
E5. Waterman Spring Replat 2023_2PacketAttachments:
Jelinek Subdivision; KPB File 2023-035KPB-51116.
E6. Jelinek Subdivision_PacketAttachments:
Sunset View Estates Addition No. 2; KPB File 2023-041KPB-51127.
E7. Sunset View Estates_PacketAttachments:
F. PUBLIC COMMENT
(Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per
speaker unless previous arrangements are made)
G. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
Page 2 Printed on 4/18/2023Page 43
April 24, 2023Plat Committee Meeting Agenda
NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, May 8, 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
Phone: 907-714-2215
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning@kpb.us
website: http://www.kpb.us/planning-dept/planning-home
Written comments will be accepted until 1:00 p.m. on the last business day (usually a Friday) before the day of
the Plat Committee meeting in which the item is being heard. If voluminous information and materials are
submitted staff may request seven copies be submitted. Maps, graphics, photographs, and typewritten
information that is submitted at the meeting must be limited to 10 pages. Seven copies should be given to the
recording secretary to provide the information to each Committee member. If using large format visual aids (i.e.
poster, large-scale maps, etc.) please provide a small copy (8 ½ x 11) or digital file for the recording secretary.
Audio, videos, and movies are not allowed as testimony. If testimony is given by reading a prepared statement,
please provide a copy of that statement to the recording secretary.
An interested party may request that the Planning Commission review a decision of the Plat Committee by filing
a written request within 10 days of the written notice of decision in accordance with KPB 2.40.080.
Page 3 Printed on 4/18/2023Page 44
Planning Commission
Kenai Peninsula Borough
Meeting Agenda
144 North Binkley Street
Soldotna, AK 99669
Jeremy Brantley, Chair – District 5 Sterling/Funny River
Blair Martin, Vice Chair – District 2 Kenai
Pamela Gillham – District 1 Kalifornsky
Virginia Morgan, Parliamentarian – District 6 East Peninsula
John Hooper – District 3 Nikiski
Michael Horton – District 4 Soldotna
VACANT – District 7 Central
David Stutzer – District 8 Homer
Dawson Slaughter – District 9 South Peninsula
Diane Fikes – City of Kenai
Franco Venuti – City of Homer
Charlene Tautfest – City of Soldotna
Troy Staggs – City of Seward
VACANT – City of Seldovia
ZOOM ONLY MEETING - Meeting Not Physically Open
To Public
7:30 PMMonday, April 10, 2023
Zoom Meeting ID: 907 714 2200
The hearing procedure for the Planning Commission public hearings are as follows:
1) Staff will present a report on the item.
2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative
– 10 minutes
3) Public testimony on the issue. – 5 minutes per person
4) After testimony is completed, the Planning Commission may follow with questions. A person may only
testify once on an issue unless questioned by the Planning Commission.
5) Staff may respond to any testimony given and the Commission may ask staff questions.
6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present
new testimony or evidence.
7) The Chair closes the hearing and no further public comment will be heard.
8) The Chair entertains a motion and the Commission deliberates and makes a decision.
Page 1 Printed on 4/7/2023Page 45
April 10, 2023Planning Commission Meeting Agenda
All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or
her name and mailing address on the sign-in sheet located by the microphone provided for public comment.
They must begin by stating their name and address for the record at the microphone. All questions will be
directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities.
Decorum must be maintained at all times and all testifiers shall be treated with respect.
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine
and non-controversial by the Planning Commission and will be approved by one motion. There will be no
separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item
will be removed from the consent agenda and considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please
advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to
comment.
1. Time Extension Request
2. Planning Commission Resolutions
3. Plats Granted Administrative Approval
a. ASLS No. 2021-25 Tip Levarg Subdivision; KPB File 2022-072
b. Brown’s Acre Estates; KPB File 2022-088R1
c. Centennial Shores Subdivision 2023 Replat; KPB File 2022-156
d. Fisherwood Place 2022 Replat; KPB File 2022-107
e. Heath Subdivision No. 5; KPB File 2022-153
f. Jaynes Subdivision 2022 Replat; KPB File 2022-040
g. Levan-Sterling Subdivision; KPB File 2022-125R1
h. McReed Subdivision 2022 Replat; KPB File 2022-097
i. R Subdivision; KPB File 2022-091R1
j. Stutes Estates; KPB File 2022-139
KPB-5056
C3. Admin ApprovalsAttachments:
4. Plats Granted Final Approval (KPB 20.10.040)
a. Pilot's Bend Subdivision Tom Addition Section Line Easement
Vacation
KPB File 2019-056
KPB-5057
C4. Final ApprovalsAttachments:
Page 2 Printed on 4/7/2023Page 46
April 10, 2023Planning Commission Meeting Agenda
5. Plat Amendment Request
6. Commissioner Excused Absences
7. Minutes
March 20, 20323 Planning Commission MinutesKPB-5058
C7. 032023 PC MinutesAttachments:
D. OLD BUSINESS
E. NEW BUSINESS
Building Setback Encroachment Permit; KPB File 2023-025
Lot 2, Block 5 Ninilchik Townsite Jackinsky Vanek Replat, Plat HM
97-79
KPB-50591.
E1. BSEP Ninilchick Townsite Jakinsky-Vanek Replat Lot 2A Block 5_PacketAttachments:
Utility Easement Vacation; KPB File 2023-004V
Fourth of July Creek Subdivision Seward Marine Industrial Center
Rainbow Replat, Plat SW 2015-14
KPB-50602.
E2. UEV Fourth of July Creek Subd Seward Marine Industrial Ctr Raibow_PacketAttachments:
Utility Easement Vacation; KPB File 2023-024V2
Lot 4 Stanley's Meadow #7, Plat HM 87-45
KPB-50613.
E3. UEV Stannley Meadow 2023_PacketAttachments:
Right-Of-Way Vacation; KPB File 2023-024V
Perkins Road & Associate Utility Easements
KPB-50624.
E4. ROWV Stanley Meadow Perkins ROW_PacketAttachments:
Right-Of-Way Vacation; KPB File 2023-026V
Waterman Road
KPB-50635.
E5. ROWV Skippers View_PacketAttachments:
Conditional Land Use Permit - Materials Extraction
Parcel Numbers: 159-360-09, 10, 11 & 12
PC Resolution 2023-08
KPB-50646.
E6. CLUP_PC RES 2023-08_Gregoire_Packet
E6. CLUP_Desk Packet
Attachments:
Page 3 Printed on 4/7/2023Page 47
April 10, 2023Planning Commission Meeting Agenda
Ordinance 2023-09: Amending borough code, KPB 21.04.020, to
clarify required notice to property owners within a zoning district when
there is a proposal to change the district boundary.
KPB-50657.
E7. ORD 2023-09_Amending KPB 21.04.020_PacketAttachments:
Ordinance 2022-46: Amending KPB 21.02.230 to modify the
boundaries of the Nikiski Advisory Planning Commission.
KPB-50668.
E8. ORD 2022-46_Nikiski APC Boundaries_PacketAttachments:
F. PLAT COMMITTEE REPORT
G. OTHER
H. PUBLIC COMMENT/PRESENTATION
(Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per
speaker unless previous arrangements are made)
I. DIRECTOR'S COMMENTS
J. COMMISSIONER COMMENTS
K. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
APC Meeting MinutesKPB-5067
Misc Info_Desk PacketAttachments:
NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, April 24, 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
Page 4 Printed on 4/7/2023Page 48
April 10, 2023Planning Commission Meeting Agenda
A party of record may file an appeal of a decision of the Planning Commission in accordance with the
requirements of the Kenai Peninsula Borough Code of Ordinances. An appeal must be filed with the Borough
Clerk within 15 days of the notice of decision, using the proper forms, and be accompanied by the filing and
records preparation fees. Vacations of right-of-ways, public areas, or public easements outside city limits
cannot be made without the consent of the borough assembly.
Vacations within city limits cannot be made without the consent of the city council. The assembly or city council
shall have 30 calendar days from the date of approval in which to veto the planning commission decision. If no
veto is received within the specified period, it shall be considered that consent was given.
A denial of a vacation is a final act for which the Kenai Peninsula Borough shall give no further consideration.
Upon denial, no reapplication or petition concerning the same vacation may be filed within one calendar year of
the date of the final denial action except in the case where new evidence or circumstances exist that were not
available or present when the original petition was filed.
Page 5 Printed on 4/7/2023Page 49
Planning Commission
Kenai Peninsula Borough
Meeting Agenda
144 North Binkley Street
Soldotna, AK 99669
Jeremy Brantley, Chair – District 5 Sterling/Funny River
Blair Martin, Vice Chair – District 2 Kenai
Pamela Gillham – District 1 Kalifornsky
Virginia Morgan, Parliamentarian – District 6 East Peninsula
John Hooper – District 3 Nikiski
Michael Horton – District 4 Soldotna
VACANT – District 7 Central
David Stutzer – District 8 Homer
Dawson Slaughter – District 9 South Peninsula
Diane Fikes – City of Kenai
Franco Venuti – City of Homer
Charlene Tautfest – City of Soldotna
Troy Staggs – City of Seward
VACANT – City of Seldovia
Betty J. Glick Assembly Chambers7:30 PMMonday, April 24, 2023
Zoom Meeting ID: 907 714 2200
The hearing procedure for the Planning Commission public hearings are as follows:
1) Staff will present a report on the item.
2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their
representative – 10 minutes
3) Public testimony on the issue. – 5 minutes per person
4) After testimony is completed, the Planning Commission may follow with questions. A person may
only testify once on an issue unless questioned by the Planning Commission.
5) Staff may respond to any testimony given and the Commission may ask staff questions.
6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not
present new testimony or evidence.
7) The Chair closes the hearing and no further public comment will be heard.
8) The Chair entertains a motion and the Commission deliberates and makes a decision.
Page 1 Kenai Peninsula Borough Printed on 4/17/2023Page 50
April 24, 2023Planning Commission Meeting Agenda
All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write
his or her name and mailing address on the sign-in sheet located by the microphone provided for public
comment. They must begin by stating their name and address for the record at the microphone. All
questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal
with personalities. Decorum must be maintained at all times and all testifiers shall be treated with
respect.
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and
non-controversial by the Planning Commission and will be approved by one motion. There will be no separate
discussion of consent agenda items unless a Planning Commissioner so requests in which case the item will be
removed from the consent agenda and considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please
advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to
comment.
1. Time Extension Request
2. Planning Commission Resolutions
3. Plats Granted Administrative Approval
4. Plats Granted Final Approval (KPB 20.10.040)
5. Plat Amendment Request
6. Commissioner Excused Absences
7. Minutes
April 10, 2023 PC Meeting MinutesKPB-5097
D. OLD BUSINESS
E. NEW BUSINESS
Building Setback Encroachment Permit
Lot 18, Block 1, Bos'n Landing subdivision Part 1, KN 77-101
KPB-50981.
E1. BSEP_Bos'n Landing Sub Part 1_PacketAttachments:
Page 2 Kenai Peninsula Borough Printed on 4/17/2023Page 51
April 24, 2023Planning Commission Meeting Agenda
Street Name Resolution 2023-01
Renaming Murmansk Road traveling through ASLS 91-198 & ASLS
83-112, to Willard Road
KPB-50992.
E2. SN 2023-01_Willard_PacketAttachments:
Street Naming Resolution 2023-02
Renaming an unnamed private road in T05N, R10W, SEC 14 to
Patriot Lane.
KPB-51003.
E3. SN 2023-02_Patriot_PacketAttachments:
Street Naming Resolution 2023-03
Renaming Deneki Trail & an unnamed section lines easement in T06S,
R14W, SEC 5 to Virginia Avenue.
KPB-51014.
E4. SN 2023-03_Virginia_PacketAttachments:
F. PLAT COMMITTEE REPORT
G. OTHER
Funny River Comprehensive Community Plat - DRAFTKPB-51021.
G1. Funny River Comprehensive Community Plan PacketAttachments:
2023 Kenai Peninsula Borough Affordable Housing ReportKPB-51032.
G2. Affordable Housing Report PacketAttachments:
Planning Commission BylawsKPB-51043.
H. PUBLIC COMMENT/PRESENTATION
(Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per
speaker unless previous arrangements are made)
I. DIRECTOR'S COMMENTS
J. COMMISSIONER COMMENTS
K. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING
Page 3 Kenai Peninsula Borough Printed on 4/17/2023Page 52
April 24, 2023Planning Commission Meeting Agenda
The next regularly scheduled Planning Commission meeting will be held Monday, May 8, 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.
Page 4 Kenai Peninsula Borough Printed on 4/17/2023Page 53
Plat Committee
Kenai Peninsula Borough
Meeting Agenda
144 North Binkley Street
Soldotna, AK 99669
ZOOM ONLY MEETING - Meeting Not Physically
Open To Public
Zoom Meeting ID: 907 714 2200
5:30 PMMonday, April 10, 2023
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
Page 1 Kenai Peninsula Borough Printed on 4/7/2023Page 54
April 10, 2023Plat Committee Meeting Agenda
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.
1. Agenda
2. Member / Alternate Excused Absences
3. Minutes
March 20, 2023 Plat Committee MinutesKPB-5045
C3. 032023 Plat MinutesAttachments:
D. OLD BUSINESS
E. NEW BUSINESS
Fourth of July Creek Subdivision Marine Industrial Center JAG Replat
KPB File 2023-004
KPB-50461.
E1. Fourth of July Creek Subdivision Marine Industrial Center JAG Replat_PacketAttachments:
Gateway Subdivision Hilltop Addition
KPB File 2023-14
KPB-50472.
E2. Gateway Subdivision Hilltop Addition_Packet
E2. Gateway Sub Hillto Addn_Desk Packet
Attachments:
Patch Subdivision 2023
KPB File 2023-030
KPB-50483.
E3. Patch Subdivision 2023_PacketAttachments:
Quartz Creek Subdivision 2023 Addition
KPB File 2023-034
KPB-50494.
E4. Quartz Creek Subdivision 2023 Addition_PacketAttachments:
Soldotna Junction Subdivision Creekside Estates 2023 Addition
KPB File 2023-027
KPB-50505.
E5. Soldotna Junction Subdivision Creekside Estates 2023 Addn_PacketAttachments:
Page 2 Kenai Peninsula Borough Printed on 4/7/2023Page 55
April 10, 2023Plat Committee Meeting Agenda
Southern Bluff Acres 2023 Replat
KPB File 2023-029
KPB-50516.
E6. Southern Bluff Acres 2023 Replat_PacketAttachments:
Stewart Subdivision 2023 Addition
KPB File 2023-031
KPB-50527.
E7. Stewart Subdivision 2023 Addition_PacketAttachments:
Graham Ranch
KPB File 2023-028
KPB-50538.
E8. Graham Ranch_PacketAttachments:
Newell Park East Lot 7 Replat
KPB File 2023-032
KPB-50549.
E9. Newell Park East Lot 7 Replat_PacketAttachments:
Stanley's Meadow 2023
KPB File 2023-024
KPB-505510.
E10. Stanley Meadows 2023_PacketAttachments:
F. PUBLIC COMMENT
(Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per
speaker unless previous arrangements are made)
G. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, April 24, 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
Phone: 907-714-2215
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning@kpb.us
website: http://www.kpb.us/planning-dept/planning-home
Page 3 Kenai Peninsula Borough Printed on 4/7/2023Page 56
April 10, 2023Plat Committee Meeting Agenda
Written comments will be accepted until 1:00 p.m. on the last business day (usually a Friday) before the
day of the Plat Committee meeting in which the item is being heard.
An interested party may request that the Planning Commission review a decision of the Plat Committee
by filing a written request within 10 days of the written notice of decision in accordance with KPB
2.40.080.
Page 4 Kenai Peninsula Borough Printed on 4/7/2023Page 57
PLANNING & ZONING COMMISSION
Transfer of Conditional Use Permits for a RV Park and Cabin Rentals
810 Childs Avenue
April 26, 2023
Transfer of Conditional Use Permits (CUPs) for a RV Park and Cabin Rentals
Summary
Transferor Port of Kenai, LLC
Transferee Riverfront Investments, LLC
Associated CUPs
PZ05-14 88 RV spaces, boat storage area, and office/store/shower /laundry facility
PZ2013-14 Nine (9) portable cabins and 1 bath house for housing personnel
PZ2014-07 Additional four (4) portablecabins and 1 bath house for housing personnel
KMC Sections 14.20.150(l)(5) and 14.20.157(a)
Applicable KMC Sections for Transfer of Conditional Use Permits
KMC 14.20.150(l)(5)A Conditional Use Permit is not transferable from one (1)parcel of land to another.Conditional Use Permits may be transferred from one(1)owner to another for the same use,but if there is a change in use on theproperty,a new permit must be obtained.
Met
KMC 14.20.157(a)No Conditional Use Permit issued hereunder shall betransferreduntiltheproposedtransfereehasmadeapplicationfortransferinwritingfiledwiththeadministrativeofficial,which application shall state that heintendstobeboundbytheplanandstatementscontainedintheapplicationofthepermitholderorshallcontaintheamendmentstotheplanhisproposedoperationwouldmandate.The Commission shall approve the application fortransferandinsodoingamendthesiteplanandstatementsifsuchamendmentsasarecontainedintheapplicationfortransferwouldhavebeenapprovedhadtheybeencontainedintheoriginalapplication.
Met
Staff Recommendation
Staff finds that the requested transfer of the CUPs meets the applicable code sectionsinKenaiMunicipalCode,and hereby recommends that the Planning and ZoningCommissiongranttheTransferofConditionalUsePermitsPZ05-34,PZ2013-14,andPZ2014-07,subject to the conditions as set forth in the original CUPs and additionalconditionlistedintheMemorandum.
PLANNING & ZONING COMMISSION
Transfer of Conditional Use Permits for a RV Park and Cabin Rentals
810 Childs Avenue
April 26, 2023
Condition
1.Any development or use of the property shall comply with all applicable Federal,State ofAlaska,and City regulations regardless of whether or not the requirements are listed asconditionsfortheapprovaloftheConditionalUsePermits.
PLANNING & ZONING COMMISSION
Transfer of Conditional Use Permit for a Limited Marijuana Cultivation Establishment
1817 Sunset Boulevard
April 26, 2023
Transfer of Conditional Use Permit (CUP) for a Limited Marijuana Cultivation Establishment
Summary
Transferor Grateful Bud, LLC (JenniferHuffman)
Transferee Grateful Buds, LLC (Richard Huffman)
PZ2018-03 (Substitute)
Operation of an approximately 500 square foot limited marijuana cultivation facility within an existing attached garage of a single-family residence.
KMC Sections 14.20.150(l)(5) and 14.20.157(a)
Applicable KMC Sections for Transfer of Conditional Use Permits
KMC 14.20.150(l)(5)A Conditional Use Permit is not transferable from one (1)parcel of land to another.Conditional Use Permits may be transferred from one(1)owner to another for the same use,but if there is a change in use on theproperty,a new permit must be obtained.
Met
KMC 14.20.157(a)No Conditional Use Permit issued hereunder shall betransferreduntiltheproposedtransfereehasmadeapplicationfortransferinwritingfiledwiththeadministrativeofficial,which application shall state that heintendstobeboundbytheplanandstatementscontainedintheapplicationofthepermitholderorshallcontaintheamendmentstotheplanhisproposedoperationwouldmandate.The Commission shall approve the application fortransferandinsodoingamendthesiteplanandstatementsifsuchamendmentsasarecontainedintheapplicationfortransferwouldhavebeenapprovedhadtheybeencontainedintheoriginalapplication.
Met
Staff Recommendation
Staff finds that the requested transfer of the CUP meets the applicable code sectionsinKenaiMunicipalCode,and hereby recommends that the Planning and ZoningCommissiongranttheTransferofConditionalUsePermitPZ2018-03(Substitute),subject to the conditions as set forth in the original CUP and additional conditionlistedintheMemorandum.
PLANNING & ZONING COMMISSION
Transfer of Conditional Use Permit for a Limited Marijuana Cultivation Establishment
1817 Sunset Boulevard
April 26, 2023
Condition
1.Any development or use of the property shall comply with all applicable Federal,State ofAlaska,and City regulations regardless of whether or not the requirements are listed asconditionsfortheapprovaloftheConditionalUsePermit.