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Home My WebLink About2023-05-24 Planning & Zoning PacketKenai Planning & Zoning Commission – Regular Meeting Page 1 of 2 May 24, 2023 Kenai Planning & Zoning Commission - Regular Meeting May 24, 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 *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the it em will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of April 26, 2023 C. SCHEDULED PUBLIC COMMENT (Public comment limited to ten (10) minutes per speaker) 1. Dale Meck, FEMA Flood Map Updates D. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. CONSIDERATION OF PLATS F. PUBLIC HEARINGS 1. Resolution PZ2023-07 – Granting a Conditional Use Permit (CUP) to Allow for a Recreational Vehicle (RV) Park Expansion, Event Venue, and Public Market on Properties Located at approximately 810 Childs Avenue (Parcel IDs: 04901401, 04901402, and 04901403) in the Heavy Industrial (IH) Zoning District. Page 1 ~ Ki;NAI D Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 May 24, 2023 2. Resolution PZ2023-08 – Granting a Conditional Use Permit (CUP) to Allow for a Recreational Vehicle (RV) Park on Properties Located at 1088 and 1120 Bridge Access Road (Parcel IDs: 04901312 and 04901313) in the Heavy Industrial (IH) Zoning District. G. UNFINISHED BUSINESS H. NEW BUSINESS 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: June 14, 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/87558278849 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 875 5827 8849 Passcode: 550915 Meeting ID: 875 5827 8849 Passcode: 550915 Page 2D KENAI PLANNING & ZONING COMMISSION REGULAR MEETING APRIL 26, 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 4 April 26, 2023 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on April 26, 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, G. Greenberg, J. Coston Commissioners absent: J. Halstead Staff/Council Liaison present: Planning Director L. Mitchell, Vice Mayor J. Baisden, Deputy Clerk M. Thibodeau A quorum was present. 3. Agenda Approval MOTION: Commissioner Greenberg MOVED to approve the agenda as presented and requested UNANIMOUS CONSENT. Commissioner Glendening SECONDED the motion. VOTE: There being no objection; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Greenberg MOVED to approve the consent agenda. Commissioner Woodard SECONDED the motion. The items on the Consent Agenda were read into the record. Chair Twait opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. 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 – Approved by the consent agenda. Page 3D Planning & Zoning Commission Meeting Page 2 of 4 April 26, 2023 B. APPROVAL OF MINUTES 1. *Regular Meeting of March 22, 2023 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS – None. F. PUBLIC HEARINGS – None. G. UNFINISHED BUSINESS – None. 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. Approved by the consent agenda. 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. Planning Director Mitchell presented her staff report explaining that Conditional Use Permits (CUPs) PZ05-14 for RV spaces, and PZ2013-14 and PZ2014-07 for cabin rentals had been previously approved by the Planning & Zoning Commission, and a recent change in ownership had prompted the transfer of the CUPs to the new owners. It was noted that City staff recommends approval of the transfer request subject to the original conditions as set forth on the original permit and an 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. MOTION: Commissioner Greenberg MOVED to approve granting a transfer of Conditional Use Permits PZ05- 14, PZ2013-14, and PZ2014-07 for RV Park and Cabin Rentals. Commissioner Glendening SECONDED the motion. VOTE: YEA: Fikes, Greenberg, Coston, Glendening, Woodard, Twait NAY: None ABSENT: Halstead MOTION PASSED UNANIMOUSLY. 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. Planning Director Mitchell presented her staff report explaining that conditional use permit PZ2018-03 (Substitute) was approved by the Planning & Zoning Commission for the operation of a limited marijuana Page 4D Planning & Zoning Commission Meeting Page 3 of 4 April 26, 2023 cultivation facility. Clarification was provided that the business was still operating under the same entity, but was being transferred to a different shareholder. It was noted that City staff recommends approval of the transfer request subject to the original conditions as set forth on the original permit and an 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. MOTION: Commissioner Greenberg MOVED to approve granting a transfer of PZ2018-03 (Substitute) for a Limited Marijuana Cultivation Facility. Commissioner Glendening SECONDED the motion. VOTE: YEA: Greenberg, Coston, Glendening, Woodard, Twait, Fikes NAY: None ABSENT: Halstead MOTION PASSED UNANIMOUSLY. I. PENDING ITEMS – None. J. REPORTS 1. City Council – Vice Mayor Baisden reported on the actions of the April 19, 2023 City Council meeting. 2. Kenai Peninsula Borough Planning – Commissioner Fikes reported on the actions of the April 24, 2023 Kenai Peninsula Borough Planning Commission Meeting. 3. City Administration – Planning Director Mitchell reported on the following: • The new Planning Administrative Assistant started on May 17th. • Sign expo in Las Vegas was very informative; learned about a new device which will be used to help inventory existing signs while working towards a city sign code amendment. • Looking into permitting software to streamline database and make permitting status and information available on a public map. • City Council budget work session on April 29th. • She will be out of town May 3-12. • CUP transfers are not required by code to be resolutions, will be Action/Approval items going forward which will be more time-efficient and consistent with leasing process. • Melting snow will allow for code enforcement to pick up. • Consultants on behalf of FEMA will be providing a presentation at the May 24th meeting. • Next work session will be on city-owned property sales and lease process. K. ADDITIONAL PUBLIC COMMENT – None. L. INFORMATIONAL ITEMS M. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: May 10, 2023 N. COMMISSION COMMENTS AND QUESTIONS Page 5D Planning & Zoning Commission Meeting Page 4 of 4 April 26, 2023 Commissioner Glendening noted that he would be out of town during the budget session, and that he might not be able to attend the meeting on May 24th. Commissioner Woodard clarified that the next meeting would be May 24, 2023, since Director Mitchell would be out of town on the 10th. Commissioner Greenberg noted that the meeting was very efficient, and that he might not be able to attend the meeting on May 24th. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:36 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of April 26, 2023. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 6D CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-07 A RESOLUTION GRANTING AN AMENDMENT TO CONDITIONAL USE PERMIT FOR A RECREATIONAL VEHICLE (RV) PARK EXPANSION, EVENT VENUE, AND PUBLIC MARKET. APPLICANT: Riverfront Investments LLC c/o Matt Moffis PROPERTY ADDRESS: 810 Childs Avenue LEGAL DESCRIPTIONS: Alaska Tidelands Survey (ATS) No. 770, ATS No. 114, US Survey (USS) No. 678 Amended of Sections 4 & 9 of Township 5 North, Range 11 West, Seward Meridian, AK KENAI PENINSULA BOROUGH PARCEL NUMBERS: 04901401, -02, and -03 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on April 16, 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 May 17, 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 expansion is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The existing RV Park was granted with an approved CUP and an expansion of the same use would be consistent with the Kenai Zoning Code and Land Use Table. The land use table specify “assemblies” are a permitted use subject to certain conditions. In KMC Section 14.20.320 Definitions, “Assemblage” is defined as a large gathering of people for an event such as a concert, fair, or circus. Based on the definition, staff does not find the proposed event venue or public market meet the specified land use of “assemblies” in accordance with the Land Use Table since a concert, fair, or circus typically occur for a certain period or duration and it is not anticipated that it is an on-going operation. Therefore, staff is applying KMC 14.20.040(b)(2) Rules for interpretation that allows for uses not clearly identified in the specific zone may be established in accordance with the Conditional Use section (KMC 14.20.150). Page 7 ~ Kl;NAI D Resolution No. PZ2023-07 Page 2 of 5 The IH (Heavy Industrial) Zone is established to allow for a broad range of industrial and commercial uses. It is intended to apply to industrial areas which are sufficiently isolated from residential and commercial areas to avoid any nuisance effect. The proposed expansion and additional uses will expand the operation of the existing RV Park and be in alignment with the anticipated Waterfront Revitalization vision. As noted by the applicant, the CUP amendment request seeks to better accommodate the community with new services, utilize old infrastructure, and serve some visions outlined in the Kenai Waterfront Revitalization Assessment Report. 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 impaired by the proposal. As noted by the applicant, the property will be cleaned up drastically with removal of old equipment and trash, as well as, ongoing efforts to provide landscaping and beautification. Staff finds the proposed expansion and changes would increase the economic value of the adjoining property and neighborhood with landscaping and beautification efforts but staff also finds that there will be potential increase of traffic impacting surrounding properties and noise and privacy issues for RV space occupants from adjacent properties. Therefore, staff is proposing the following conditions for traffic mitigation and buffering/screening.  A traffic mitigation plan will be implemented in coordination with applicable City departments when traffic circulation/flow becomes an issue with adjacent properties and neighborhood due to the uses on the premises.  Provide a minimum 10-foot buffer strip from the interior lot lines to ensure RV space occupants are protected from noise and privacy from the surrounding commercial or industrial uses. A landscaping/site plan will be required for the proposed changes. Site plan review will require an orderly and safe development as well as landscaping to provide an attractive and functional separation/screening between uses. 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 Industrial (IN) land use classification. The IN Land Use Classification is defined in the Comprehensive Plan: Industrial is intended for a variety of light and heavy industrial uses such as: warehousing, trucking, packaging, distribution, production, manufacturing, processing, marine-related industry and storage, and similar industrial activities. Public water and sewer; utilities; and safe, convenient vehicular access are required or planned. Because uses generate noise, odors and emissions typically at a higher level than other land uses, measures should be taken to minimize conflicts with adjacent non-industrial uses. Buffers between industrial uses and adjacent non-industrial uses are desirable. Page 8D Resolution No. PZ2023-07 Page 3 of 5 This property is surrounded by an automotive repair and transport business to the east, City Dock to the south, vacant land to the north, and the river to the west. In June 2022, a CUP was approved for a restaurant/brewery on a property to the north of the subject properties. Therefore, the proposed expansion would be consistent with the development of this area. Mitigation measures and buffers have been added as conditions to minimize the conflicts with adjacent industrial uses and non-compatible commercial 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. Goal 2 – 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. 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 expansion. Childs Avenue is a 60-foot wide gravel road, not maintained by the City. Improvements to Childs Avenue may be necessary with the surrounding uses sharing the same access on Childs Avenue to Bridge Access Road. Staff recommends the following condition to ensure adequate public services and facilities are provided.  Prior to the established operation of an event venue and public market, consult with the Public Works Department on any potential or required improvements to Childs Avenue and any additional demand on existing onsite water system and sewer collection system. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: The existing RV Park has been operating since 2005 and staff finds the proposed expansion and additional uses will not be harmful to public safety, health, or welfare. The proposed expansion will increase the number of RV spaces by 24 and allow the operation of an event venue and public market. The proposal provides 90 RV spaces at approximately 30 feet by 45 feet and 22 RV spaces at approximately 30 feet by 60 feet with a minimum 25-foot access lanes. There will be a camp store with standard parking spaces provided adjacent to the store. At this time, parking requirements for the event venue and public market have not been determined but will be determined during the building permit review. As previously noted, the applicant has a vision to conduct an Page 9D Resolution No. PZ2023-07 Page 4 of 5 outdoor public market or gathering on the dock, which would require a building permit prior to conducting any gathering on the dock. 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 the City Dock, staff recommends the following condition.  RV space occupants or visitors of the RV Park, event venue, and public market are prohibited from using the City Dock bathrooms unless they are actively using the City Dock, such as boat launching. It is the responsibility of the property owner and operator of the RV Park, event venue, and public market to ensure all occupants and visitors are aware of this restriction. In addition to the above criteria for a CUP, the following specific conditions outlined in KMC Section 14.20.245 Recreational Vehicles must be met prior to the issuance of a CUP for a RV park. 1. Adequate utilities for projected or actual use shall be available. Findings: This condition is met or will be as met as noted in the above Criteria 4 for a CUP. 2. The projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park. Findings: This condition is met or will be as met as noted in the above Criteria 5 for a CUP. 3. Any and all specific conditions required to comply with the above listed conditions as determined by the Planning and Zoning Commission shall be met by the applicant. Findings: No additional or specific conditions are required that has not be already identified in above criteria for a CUP. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That an amendment to the conditional use permit is granted to Riverfront Investments LLC for the recreational vehicle (RV) park expansion, event venue, and public market on the properties described as Alaska Tidelands Survey (ATS) No. 770, ATS No. 114, US Survey (USS) No. 678 Amended of Sections 4 & 9 of Township 5 North, Range 11 West, Seward Meridian, AK, and located at 810 Childs Avenue. Section 2. That the amendment to the conditional use permit is subject to the original conditions in the CUP (Resolution Nos. PZ05-34) and the following conditions: Page 10CJ Resolution No. PZ2023-07 Page 5 of 5 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. A traffic mitigation plan will be implemented in coordination with applicable City departments when traffic circulation/flow becomes an issue with adjacent properties and neighborhood due to the uses on the premises. 4. Provide a minimum 10-foot buffer strip from the interior lot lines to ensure RV space occupants are protected from noise and privacy from the surrounding commercial or industrial uses. 5. Prior to the established operation of an event venue and public market, consult with the Public Works Department on any potential or required improvements to Childs Avenue and any additional demand on existing onsite water system and sewer collection system. 6. RV space occupants or visitors of the RV Park, event venue, and public market are prohibited from using the City Dock bathrooms unless they are actively using the City Dock, such as boat launching. It is the responsibility of the property owner and operator of the RV Park, event venue, and public market to ensure all occupants and visitors are aware of this restriction. 7. The RV park is not to become a nuisance to surrounding properties. The RV park must control dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly appearance free from refuse. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 24TH DAY OF MAY, 2023. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 11CJ STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: May 20, 2023 SUBJECT: Resolution No. PZ2023-07 – Conditional Use Permit Amendment – Recreational Vehicle Park Expansion, Event Venue, and Public Market Request The applicant is proposing to expand the Recreational Vehicle (RV) park to accommodate 112 RV spaces from 88 with a new site layout and include an event venue and public market. Staff Recommendation Adopt Resolution PZ2023-07 approving an amendment to Conditional Use Permit (Resolutions PZ05-14) for the expansion of the RV park and additional uses. Applicant Riverfront Investments LLC c/o Matt Moffis Property Owners Riverfront Investments LLC Legal Descriptions Alaska Tidelands Survey (ATS) No. 770, ATS No. 114, US Survey (USS) No. 678 Amended of Sections 4 & 9 of Township 5 North, Range 11 West, Seward Meridian, AK in the Kenai Recording District Property Address 810 Childs Avenue KPB Parcel IDs. 04901401, -02, and -03 Lot Size Approximately 19.96 acres Zoning Heavy Industrial (IH) Current Use Recreational Vehicle (RV) Park Land Use Plan Industrial Page 12 KJ;NAI Resolution No. PZ2023-07 Conditional Use Permit Amendment Recreational Vehicle (RV) Park, Event Venue, and Public Market Page 2 of 6 SUMMARY The Planning and Zoning Commission granted a Conditional Use Permit (PZ05-14) to Port of Kenai, LLC on June 8, 2005 for a Recreational Vehicle (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. Recently, a transfer of the CUPs was granted to Riverfront Investments LLC. The applicant is requesting a conditional use permit amendment to expand the RV park with additional RV spaces to 112 from 88 and operate an event venue and public market on the premises. The applicant has noted on the application that the proposed expansion and additional uses will be supplemented with new landscaping and beautification efforts. When the original CUP was approved in 2005, the RV park was to be operated on one (1) parcel with a legal description known as US Survey (USS) No. 678 Amended (KPB Parcel ID: 04901401). With the proposed event venue and public market, two (2) adjacent parcels (KPB Parcel IDs: 04901402, -03) to the west of the primary parcel will be included in this CUP amendment since the applicant has expressed interest in conducting an outdoor public market on the dock and an event venue on the premises. One of the additional parcels is a city-owned property (KPB ID: 04901403), which is currently leased by Riverfront Investments LLC. The previous approved CUPs allowed for cabin rentals and boat storage and these uses has ceased. Therefore, cabin rentals and boat storage will no longer be an approved uses on the premise unless a new CUP is obtained. 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 existing RV park was granted with an approved CUP and an expansion of the same use would be consistent with the Kenai Zoning Code and Land Use Table. The land use table specify “assemblies” are a permitted use subject to certain conditions. In KMC Section 14.20.320 Definitions, “Assemblage” is defined as a large gathering of people for an event such as a concert, fair, or circus. Based on the definition, staff does not find the proposed event venue or public market meet the specified land use of “assemblies” in accordance with the Land Use Table since a concert, fair, or circus typically occur for a certain period or duration and it is not anticipated that it is an on-going operation. Therefore, staff is applying KMC 14.20.040(b)(2) Rules for interpretation that allows for uses not clearly identified in the specific zone may be established in accordance with the Conditional Use section (KMC 14.20.150). Page 13CJ Resolution No. PZ2023-07 Conditional Use Permit Amendment Recreational Vehicle (RV) Park, Event Venue, and Public Market Page 3 of 6 The IH (Heavy Industrial) Zone is established to allow for a broad range of industrial and commercial uses. It is intended to apply to industrial areas which are sufficiently isolated from residential and commercial areas to avoid any nuisance effect. The proposed expansion and additional uses will expand the operation of the existing RV park and be in alignment with the anticipated Waterfront Revitalization vision. As noted by the applicant, the CUP amendment request seeks to better accommodate the community with new services, utilize old infrastructure, and serve some visions outlined in the Kenai Waterfront Revitalization Assessment Report. 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 impaired by the proposal. As noted by the applicant, the property will be cleaned up drastically with removal of old equipment and trash, as well as, ongoing efforts to provide landscaping and beautification. Staff finds the proposed expansion and changes would increase the economic value of the adjoining property and neighborhood with landscaping and beautification efforts but staff also finds that there will be potential increase of traffic impacting surrounding properties and noise and privacy issues for RV space occupants from adjacent properties. Therefore, staff is proposing the following conditions for traffic mitigation and buffering/screening.  A traffic mitigation plan will be implemented in coordination with applicable City departments when traffic circulation/flow becomes an issue with adjacent properties and neighborhood due to the uses on the premises.  Provide a minimum 10-foot buffer strip from the interior lot lines to ensure RV space occupants are protected from noise and privacy from the surrounding commercial or industrial uses. A landscaping/site plan will be required for the proposed changes. Site plan review will require an orderly and safe development as well as landscaping to provide an attractive and functional separation/screening between uses. 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 Industrial (IN) land use classification. The IN Land Use Classification is defined in the Comprehensive Plan: Industrial is intended for a variety of light and heavy industrial uses such as: warehousing, trucking, packaging, distribution, production, manufacturing, processing, marine-related industry and storage, and similar industrial activities. Public water and sewer; utilities; and safe, convenient vehicular access are required or planned. Because uses generate noise, odors and emissions typically at a higher level than other land uses, measures should be taken to minimize conflicts with adjacent non-industrial uses. Buffers between industrial uses and adjacent non- industrial uses are desirable. This property is surrounded by an automotive repair and transport business to the east, City Dock to the south, vacant land to the north, and the river to the west. In June 2022, a Page 14CJ Resolution No. PZ2023-07 Conditional Use Permit Amendment Recreational Vehicle (RV) Park, Event Venue, and Public Market Page 4 of 6 CUP was approved for a restaurant/brewery on a property to the north of the subject properties. Therefore, the proposed expansion would be consistent with the development of this area. Mitigation measures and buffers have been added as conditions to minimize the conflicts with adjacent industrial uses and non-compatible commercial uses. RELEVENT GOALS 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. Goal 2 – 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 are available to serve the proposed expansion. Childs Avenue is a 60-foot wide gravel road, not maintained by the City. Improvements to Childs Avenue may be necessary with the surrounding uses sharing the same access on Childs Avenue to Bridge Access Road. Staff recommends the following condition to ensure adequate public services and facilities are provided.  Prior to the established operation of an event venue and public market, consult with the Public Works Department on any potential or required improvements to Childs Avenue and any additional demand on existing onsite water system and sewer collection system. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: The existing RV park has been operating since 2005 and staff finds the proposed expansion and additional uses will not be harmful to public safety, health, or welfare. The proposed expansion will increase the number of RV spaces by 24 and allow the operation of an event venue and public market. The proposal provides 90 RV spaces at approximately 30 feet by 45 feet and 22 RV spaces at approximately 30 feet by 60 feet with a minimum 25-foot access lanes. There will be a camp store with standard parking spaces provided adjacent to the store. At this time, parking requirements for the event venue and public market have not been determined but will be determined during the building permit review. As previously noted, the applicant has a vision to conduct an outdoor public market or gathering on the dock, which would require a building permit prior to conducting any gathering on the dock. Page 15CJ Resolution No. PZ2023-07 Conditional Use Permit Amendment Recreational Vehicle (RV) Park, Event Venue, and Public Market Page 5 of 6 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 the City Dock, staff recommends the following condition.  RV space occupants or visitors of the RV park, event venue, and public market are prohibited from using the City Dock bathrooms unless they are actively using the City Dock, such as boat launching. It is the responsibility of the property owner and operator of the RV park, event venue, and public market to ensure all occupants and visitors are aware of this restriction. In addition to the above criteria for a CUP, the following specific conditions outlined in KMC Section 14.20.245 Recreational Vehicles must be met prior to the issuance of a CUP for a RV park. Condition 1: Adequate utilities for projected or actual use shall be available. Findings: This condition is met or will be as met as noted in the above Criteria 4 for a CUP. Condition 2: The projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park. Findings: This condition is met or will be as met as noted in the above Criteria 5 for a CUP. Condition 3: Any and all specific conditions required to comply with the above listed conditions as determined by the Planning and Zoning Commission shall be met by the applicant. Findings: No additional or specific conditions are required that has not be already identified in above criteria for a CUP. 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 and conditions 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 (a)(1) through (a)(3) of Kenai Municipal Code 14.20.245, and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2023-07 approving the Page 16CJ Resolution No. PZ2023-07 Conditional Use Permit Amendment Recreational Vehicle (RV) Park, Event Venue, and Public Market Page 6 of 6 amendment to the Conditional Use Permit, subject to the original conditions in CUP (Resolution No. PZ05-34) 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. A traffic mitigation plan will be implemented in coordination with applicable City departments when traffic circulation/flow becomes an issue with adjacent properties and neighborhood due to the uses on the premises. 4. Provide a minimum 10-foot buffer strip from the interior lot lines to ensure RV space occupants are protected from noise and privacy from the surrounding commercial or industrial uses. 5. Prior to the established operation of an event venue and public market, consult with the Public Works Department on any potential or required improvements to Childs Avenue and any additional demand on existing onsite water system and sewer collection system. 6. RV space occupants or visitors of the RV park, event venue, and public market are prohibited from using the City Dock bathrooms unless they are actively using the City Dock, such as boat launching. It is the responsibility of the property owner and operator of the RV park, event venue, and public market to ensure all occupants and visitors are aware of this restriction. 7. The RV park is not to become a nuisance to surrounding properties. The RV park must control dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly appearance free from refuse. ATTACHMENTS Aerial Map Application Conceptual Site Plan Resolution PZ05-34 Page 17CJ Page 18 N Conditional Use Permit Amendment Resolution PZ2023-07 RV Park Expansion, Event Venue, and Public Market -810 Childs Avenue KPB Parcel IDs: 04901401, -02, -03 Map for Reference Only NOT A LEGAL DOCUMEN T __ ! Parcels -Heavy Industrial Date Printed : 5/19/2023 A o,.....1 ---T"""-2-r-20----.--44 ...... 1-o ---.-----.------r------.8!0 Feec=] State:Zip Code: State:Zip Code:City: City: PETITIONER REPRESENTATIVE (LEAVE BLANK IF NONE) Mailing Address: Phone Number(s): Email: Name: Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: Legal Description: How is this property currently being used? Zoning: Acres: CONDITIONAL USE DESCRIPTION (include site plan/floor plan with square footages) (include State Business License and KPB Tax Compliance if applicable) Conditional Use Requested for (attach additional sheets if necessary): PROPERTY OWNER Mailing Address: City of Kenai Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 planning@kenai.city www.kenai.city/planning Conditional Use Permit Application Name: PROPERTY INFORMATION Physical Address: Phone Number(s): Email: Kenai Peninsula Borough Parcel # (Property Tax ID): Riverfront Investents LLC 1304 Lawton Dr Kenai AK 99611 907-398-7537 matt@portofkenai.com 04901401 810 Childs Ave Processing Heavy Industrial 19.45 Vacant Expanding additional RV spaces from 88 to 112 using a new layout. Weddings, and also Public Markets. To better accomidate the community with new services, Utilize old infastructure, and serve some visions outlined in the Kenai Waterfront Revitilization. The property will be cleaned up durastically, ther will be removal of old equipment and trash currently left on the property. There will also be on going landscaping/ beautification. Page 19 ~ I - l I I I ' I I I I l - - - ' - - - I ' - l ,_ I Signature:Date: Print Name: Title/Business: 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? 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: Explain how the conditional use will not be harmful to public safety, health, or welfare: Are public services and facilities on the property adequate to serve the proposed conditional use? Date Application Fee Received: PZ Resolution Number: For City Use Only 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. Vacant City of Kenai boat launch Automotive repair, Transport River This serves several uses outlined in the Kenai Waterfront Revitilization Assesment. It also gives several ways to bring in income for future development plans of the property as well as the City. It also serves the community even while designs are being made for the future development. Yes. The conditional use will follow all public codes that apply. We are completely willing to work with the City to make an appropriate property distinction where it boarders the Kenai boat launch. 4/16/23 Matthew Moffis Owner Page 20 .,:, -,:,,_J,;...:w--~~~ I I I I Page 21 Page 22 KENAI, AlASKA "¥ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZOS-34 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: JAY CHERRIER, MANAGING PARTNER, PORT OF KENAI LLC USE RECREATIONAL VEHICLE PARK LOCATED U.S. SURVEY NO. 678 AMENDED -810 CHILDS A VENUE (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: ....... 0 ..... 49 ...... 0--=-14--'-'0"-=1 __________ _ WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: MAY 17 2005 ..=.=;a.=....::..a..a..=.aa..=:.-------------------- 2. This request is on land zoned: ~IH==-----=H=E=A=V---'---=-Y--=IN=..c..=D--=Uc...aS"""T""'RI=A---=L __________ _ 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. Obtain building permits for installation of utilities and the office building. b. Submit a landscaping/site plan with the building permit that addresses landscaping, traffic patterns, RV sites, public utilities, etc. c. Submit State of Alaska, Department of Environmental Conservation permits to the City for the on-site public water and wastewater systems. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: June 81 2005. 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED RECREATIONAL VEHICLE PARK MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JUNE 8, 2005. CHAIRPERSON: CiL j ~ 'l ATfEST:~ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-08 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A RECREATIONAL VEHICLE (RV) PARK. APPLICANT: Duke Hardcastle PROPERTY ADDRESSES: 1088 and 1120 Bridge Access Road LEGAL DESCRIPTIONS: Lots 1 and 2 of Baron Wood Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBERS: 04901312 and -13 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on May 1, 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 May 17, 2023 and May 20, 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 RV Park is a conditional use; therefore, a conditional use permit may be granted for a RV Park. The IH (Heavy Industrial) Zone is established to allow for a broad range of industrial and commercial uses. It is intended to apply to industrial areas which are sufficiently isolated from residential and commercial areas to avoid any nuisance effect. The proposed use will be compatible with surrounding uses and it is a permitted use in the zone with an approved CUP. Staff does not find that the proposed use will have any nuisance effects upon the surrounding properties. Page 23 ~ Kl;NAI Resolution No. PZ2023-08 Page 2 of 5 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 impaired by the proposal. As noted by the applicant, the property would strengthen the economic development and enhance community growth and services. Similarly to the adjacent RV park, staff finds that there will be potential increase of traffic impacting surrounding properties and noise and privacy issues for RV space occupants from adjacent properties. Therefore, staff is proposing the following conditions for traffic mitigation and buffering/screening.  A traffic mitigation plan will be implemented in coordination with applicable City departments when traffic circulation/flow becomes an issue with adjacent properties and neighborhood due to the use on the premise.  Provide a minimum 10-foot buffer strip from the interior lot lines to ensure RV space occupants are protected from noise and privacy from the surrounding commercial or industrial uses. A landscaping/site plan will be required for the proposed use. Site plan review will require an orderly and safe development as well as landscaping to provide an attractive and functional separation/screening between uses. 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 Industrial (IN) land use classification. The IN Land Use Classification is defined in the Comprehensive Plan: Industrial is intended for a variety of light and heavy industrial uses such as: warehousing, trucking, packaging, distribution, production, manufacturing, processing, marine-related industry and storage, and similar industrial activities. Public water and sewer; utilities; and safe, convenient vehicular access are required or planned. Because uses generate noise, odors and emissions typically at a higher level than other land uses, measures should be taken to minimize conflicts with adjacent non-industrial uses. Buffers between industrial uses and adjacent non-industrial uses are desirable. This properties are surrounded by a RV park to the southwest, automotive and transport business to the southeast, vacant land (future restaurant/brewery) to the north, and the Bridge Access Road to the east. The proposed use would be consistent with the development of this area. Mitigation measures and buffers have been added as conditions to minimize the conflicts with adjacent industrial uses and non-compatible commercial 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. Page 24CJ Resolution No. PZ2023-08 Page 3 of 5 Objective Q-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 2 – 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. 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 RV park. Childs Avenue is a 60-foot wide gravel road, not maintained by the City. Improvements to Childs Avenue may be necessary with the surrounding uses sharing the same access on Childs Avenue to Bridge Access Road. Staff recommends the following condition to ensure adequate public services and facilities are provided.  Prior to the operation of the RV park, consult with the Public Works Department on any potential or required improvements to Childs Avenue and any requirements for onsite water system and sewer collection system. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: There is an adjacent RV Park that has been operating since 2005 and staff finds another RV park within the vicinity will not be harmful to public safety, health, or welfare. The proposed RV park seeks to accommodate at a maximum capacity of 50 RV spaces which the number of RV spaces may be reduced if the site layout cannot accommodate 50 RV spaces (to be determined during the building permit process). Access is off of Childs Avenue, which will be shared with the adjacent RV park and future restaurant/brewery. A condition has been recommended to address improvements to the road as needed or determined by the Public Works Department. 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: No additional or specific conditions are deemed necessary to fulfill the above- mentioned criteria. In addition to the above criteria for a CUP, the following specific conditions outlined in KMC Section 14.20.245 Recreational Vehicles must be met prior to the issuance of a CUP for a RV park. 1. Adequate utilities for projected or actual use shall be available. Page 25CJ Resolution No. PZ2023-08 Page 4 of 5 Findings: This condition is met or will be as met as noted in the above Criteria 4 for a CUP. 2. The projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park. Findings: This condition is met or will be as met as noted in the above Criteria 5 for a CUP. 3. Any and all specific conditions required to comply with the above listed conditions as determined by the Planning and Zoning Commission shall be met by the applicant. Findings: No additional or specific conditions are required that has not be already identified in above criteria for a CUP. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the conditional use permit is granted to Duke Hardcastle for a recreational vehicle (RV) park on the properties described as Lots 1 and 2 of Baron Wood Subdivision located at 1088 and 1120 Bridge Access Road. Section 2. That the conditional use permit is subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. 3. Prior to operation of the RV park, the two (2) subject parcels must be consolidated or merged. 4. A traffic mitigation plan will be implemented in coordination with applicable City departments when traffic circulation/flow becomes an issue with adjacent properties and neighborhood due to the use. 5. Provide a minimum 10-foot buffer strip from the interior lot lines to ensure RV space occupants are protected from noise and privacy from the surrounding commercial or industrial uses. 6. Prior to the operation of the RV park, consult with the Public Works Department on any potential or required improvements to Childs Avenue and any requirements for onsite water system and sewer collection system. 7. The RV park is not to become a nuisance to surrounding properties. The RV park must control dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly appearance free from refuse. Page 26CJ Resolution No. PZ2023-08 Page 5 of 5 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 24TH DAY OF MAY, 2023. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 27CJ STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: May 20, 2023 SUBJECT: Resolution No. PZ2023-08 – Conditional Use Permit – Recreational Vehicle Park Request The applicant is proposing a Recreational Vehicle (RV) park to accommodate up to 50 RV spaces. Staff Recommendation Adopt Resolution PZ2023-08 approving a Conditional Use Permit for a RV Park. Applicant Duke Hardcastle Property Owners Duke Hardcastle Legal Descriptions Lots 1 and 2 of Baron Wood Subdivision Property Addresses 1088 and 1120 Bridge Access Road KPB Parcel IDs. 04901312, and -13 Lot Size Approximately 1.94 acres (84,888 square feet) Zoning Heavy Industrial (IH) Current Use Vacant Land Use Plan Industrial SUMMARY The applicant has requested for a conditional use permit (CUP) for a recreational vehicle (RV) park with a maximum capacity of 50 RV spaces. The proposed use will be on approximately 1.94 acres on two (2) parcels that are zoned Heavy Industrial (IH). The subject parcels are vacant. The proposed plans would accommodate up to 50 RV spaces with access off of Childs Avenue. Page 28 KJ;NAI Resolution No. PZ2023-08 Conditional Use Permit Recreational Vehicle (RV) Park Page 2 of 5 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 RV Park is a conditional use; therefore, a conditional use permit may be granted for a RV Park. The IH (Heavy Industrial) Zone is established to allow for a broad range of industrial and commercial uses. It is intended to apply to industrial areas which are sufficiently isolated from residential and commercial areas to avoid any nuisance effect. The proposed use will be compatible with surrounding uses and it is a permitted use in the zone with an approved CUP. Staff does not find that the proposed use will have any nuisance effects upon the surrounding properties. 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 impaired by the proposal. As noted by the applicant, the property would strengthen the economic development and enhance community growth and services. Similarly to the adjacent RV park, staff finds that there will be potential increase of traffic impacting surrounding properties and noise and privacy issues for RV space occupants from adjacent properties. Therefore, staff is proposing the following conditions for traffic mitigation and buffering/screening.  A traffic mitigation plan will be implemented in coordination with applicable City departments when traffic circulation/flow becomes an issue with adjacent properties and neighborhood due to the use on the premise.  Provide a minimum 10-foot buffer strip from the interior lot lines to ensure RV space occupants are protected from noise and privacy from the surrounding commercial or industrial uses. A landscaping/site plan will be required for the proposed use. Site plan review will require an orderly and safe development as well as landscaping to provide an attractive and functional separation/screening between uses. 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 Industrial (IN) land use classification. The IN Land Use Classification is defined in the Comprehensive Plan: Page 29CJ Resolution No. PZ2023-08 Conditional Use Permit Recreational Vehicle (RV) Park Page 3 of 5 Industrial is intended for a variety of light and heavy industrial uses such as: warehousing, trucking, packaging, distribution, production, manufacturing, processing, marine-related industry and storage, and similar industrial activities. Public water and sewer; utilities; and safe, convenient vehicular access are required or planned. Because uses generate noise, odors and emissions typically at a higher level than other land uses, measures should be taken to minimize conflicts with adjacent non-industrial uses. Buffers between industrial uses and adjacent non- industrial uses are desirable. This properties are surrounded by a RV park to the southwest, automotive and transport business to the southeast, vacant land (future restaurant/brewery) to the north, and the Bridge Access Road to the east. The proposed use would be consistent with the development of this area. Mitigation measures and buffers have been added as conditions to minimize the conflicts with adjacent industrial uses and non-compatible commercial uses. RELEVENT GOALS 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. Goal 2 – 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. Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: City water and sewer are available to serve the proposed RV park. Childs Avenue is a 60-foot wide gravel road, not maintained by the City. Improvements to Childs Avenue may be necessary with the surrounding uses sharing the same access on Childs Avenue to Bridge Access Road. Staff recommends the following condition to ensure adequate public services and facilities are provided.  Prior to the operation of the RV park, consult with the Public Works Department on any potential or required improvements to Childs Avenue and any requirements for onsite water system and sewer collection system. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: There is an adjacent RV Park that has been operating since 2005 and staff finds another RV park within the vicinity will not be harmful to public safety, health, or welfare. The proposed RV park seeks to accommodate at a maximum capacity of 50 RV spaces which the number of RV spaces may be reduced if the site layout cannot accommodate 50 RV spaces (to be determined during the building permit process). Page 30CJ Resolution No. PZ2023-08 Conditional Use Permit Recreational Vehicle (RV) Park Page 4 of 5 Access is off of Childs Avenue, which will be shared with the adjacent RV park and future restaurant/brewery. A condition has been recommended to address improvements to the road as needed or determined by the Public Works Department. 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: No additional or specific conditions are deemed necessary to fulfill the above- mentioned criteria. In addition to the above criteria for a CUP, specific conditions are outlined in KMC Section 14.20.245 Recreational Vehicles that must be met prior to the issuance of a CUP for a RV park. Condition 1: Adequate utilities for projected or actual use shall be available. Findings: This condition is met or will be as met as noted in the above-mentioned Criteria 4 for a CUP. Condition 2: The projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park. Findings: This condition is met or will be as met as noted in the above-mentioned Criteria 5 for a CUP. Condition 3: Any and all specific conditions required to comply with the above listed conditions as determined by the Planning and Zoning Commission shall be met by the applicant. Findings: No additional or specific conditions are required that has not be already identified in above-mentioned criteria for a CUP. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use were mailed to property owners within a three hundred-foot (300’) periphery of the subject property. Subsequently, a correction notice was mailed to the same property owners to inform of an incorrect address indicated on the postcard. City staff published notice of the public hearing as well as the correction notice 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 amendment as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150 and (a)(1) through (a)(3) of Kenai Municipal Code 14.20.245, and hereby recommends that the Page 31CJ Resolution No. PZ2023-08 Conditional Use Permit Recreational Vehicle (RV) Park Page 5 of 5 Planning and Zoning Commission adopt Resolution PZ2023-08 approving the Conditional Use Permit for a Recreational Vehicle Park, 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. Prior to operation of the RV park, the two (2) subject parcels must be consolidated or merged. 4. A traffic mitigation plan will be implemented in coordination with applicable City departments when traffic circulation/flow becomes an issue with adjacent properties and neighborhood due to the use. 5. Provide a minimum 10-foot buffer strip from the interior lot lines to ensure RV space occupants are protected from noise and privacy from the surrounding commercial or industrial uses. 6. Prior to the operation of the RV park, consult with the Public Works Department on any potential or required improvements to Childs Avenue and any requirements for the onsite water system and sewer collection system. 7. The RV park is not to become a nuisance to surrounding properties. The RV park must control dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly appearance free from refuse. ATTACHMENTS Aerial Map Application Conceptual Site Plan Plat Page 32CJ Page 33 N Conditional Use Permit Resolution PZ2023-08 RV Park 1088/1120 Bridge Access Road KPB Parcel IDs: 04901312 and 04901313 Map for Reference Only NOT A LEGAL DOCUMENT 11008 and 1120 Br idge ...___.. Access Road __ ! Parcels -Heavy Industrial A o,.....1 ---r--1--r-oo-----.-26,.....o---r-----.------.-----.460 F eJ.--------. Page 34 Name: Mailing Address: City: Phone Number(s): Email: Name: Mailing Address: City: Phone Number(s): Email: Conditional Use Permit Application " (/ 111:_ State: Kenai Peninsula Borough Parcel# (Property Tax ID): Physical Address: t Legal Description: Zoning: Acres: How is this property currently being used? Conditional Use Requested for (attach additional sheets if necessary): nv City of Kenai Phrn~:rg an:i Zoning Dcp8rlmeni 210 Fidalgo Aven~w l<enai, A!< 99611 (907) 283-8200 i:c!anning@ken::ii.city www.kenni.city/p!anning Zip Code: Zip Code: Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: Dur bv; \ ~ ~ l}J e__ VJ\\\ \) e_ ( 6 l"\c!AJ G·fd) (\°) h~ S -t eve--6 -r U-~ ~ l v\A. ~QCk-- -\-1A_Cln C 6 YV\ ~u a_ \ O..rc.f f I'\ o{µ( t-r\ CL\ "Z-0 V\-~V'C\. Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: -\UtQ.. \& \'\ ()~ OJ\. o.clS ~ ( \'\ ~ Y'---7 lA..sL2"i ":loo r h ac:rl.. , a..,\\ O-t-\--"'--L CLd-p~'(\ ~Y\G') -.pro ~f4~'fs w~ \.\ \A.~'-\?-e \ """"(:><x., ... "-e cA Page 35 Use of surrounding property -north: r · 0/u/1/1 r;, l'lt ,A-J Use of surrounding property -south: (,0 1 _ l v1 ,r;_ n ✓-. · A-I Use of surrounding property -east: r · 11 /uf 1 u C, vi r, I A I Use of surrounding property -west: CO (VlfVJ 1B i'1 c , '.a f Explain how the conditional use is in harmony with the City's Comprehensive Plan: vJQ.. ~\.u..if'\ -\'U ~~L<'~½\eJ't ~ ecor\t>YV\.~c. cLz,ve..tb\'.=>~"\--, c_o~~VL+\Y\~ \ Cl tt cl O se. -tt> e.,n h et."' C/L t.,,om VV\ u r1 , .1i-'I ~{b\J.l¼ _ ~cl ~Q..( \l, u( ~ ? rt) v ~ cl .. J v,. °) ~rL c,___nd ('(lq,('elA,._\::OV"\ 'Cl.':x---res.,6-~V°' ~ CU'\ Cl \J \c;. \ \-er~ -\-o w, CO I'¼ nft--V I"\ t'~t Are public services and facilities on the property adequate to serve the proposed conditional use? '(Jts Explain how the conditional use will not be harmful to public safety, health, or welfare : ~\J yQ,r-\c J lW.e e_ ~'\"\~~ CA....f'\.Cl ~oc>--Venclo rs CL(a._ ""-0-\-'CMw·f'\ '\:e> be-. ~0.fYV\...ei.J\ Tb~ ~~\a\, c.. S0....t~-j _ 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 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 a // thorized to access the above-referenced property for the purpose of processing this application. • /J Signature: JY/!u< / "'1...---I Date: 14--).?-).:; Print Name: bvrr (;_ /f/ll'tVJtl'fsT 1r-::: I Title/Business: I . For City Use Only Date Application Fee Received: S-/ I/ ,ti,,tJc1» PZ Resolution Number: oUJfJ,,r] -0~ Page 36 -- - 8t1J1°' RD --~---------- [)f ,.:... kJ ) 'rt-? Vt ..,,.. E.REA- Page 37 Overhead Appro~. l ocation of Existing HEA Fbwerhnes 10' esm't each 1idt•.,...------- FND, 21/2" BRASS CAP USGLO a, I 0 V N I I I -I ~ I --CO N on o, ,._ 0 ,0 0 ,.._ 0 (f) a, w ,._ ' OI ~ o- a:: 6 ,0: 0 0 0 Z 0 ci ,,,., ") G 43,569.1 s.f. 4 42,247 s.t -:',~~ ' ..::,'' ,, 9 • ;. '>j ,CA ' ., "<,"~ 53,034 •. ,. STREET 3 42,923 s.f. 5 45 ,621 s.f . 7 47,2261.f. ''0 I t • 2 I • I I I I I I : l : Approx 6 1 ~ locotio 1 : 1 gos lin ~ i :--20' es 4 7, 140 S. f. I I I I I : I I '. ~6, 1_0 · I 'l, ' I I I I 8 I I I I ' I I o 49,002 s.f. Cl/4 i w ----' 0 ,..__ -0 ~ v V _.,., -0 0 l[")lf) NN 0 0 ") ") 0 0 -- 00 2 (/) cs 1/16 I-R81\fffltl) -F> i.o , o -I Ke.nz:.·;--_, L ·-·-·--·········---J-----... ! . ,', '~ ·-_ 7 / 2 5-· i 4-) 1 ••w~ __ . 10 ·. l{3 . p,· A,.: i -. -_ -" -~tl, __ ,,~ I i t,;ffl -~~~ -_ ---__ -- (EAST) U S SURVEY NO 678, 12/27/13 s a9 °s1'31"E U.S. SURVEY # 678 -= .. ·a, <D "'-If) vi,{"')~,..__ 12 5. 68 ° BASIS OF BEARING FND : 2 1/2" BRASS CAP N T VICINITY MAP 1°• I mill 32 33 T6N KENAI J T 5N 3 CERTIFICATE of OWNERSHIP and DEDICATION 2 WE HEREBY CERTIFY THAT WE ARE THE OWNER{S) OF THE PROPERTY SHOWN a DESCRIBED HEREON a THAT WE HEREBY ADOPT THIS PLAN OF SUBDIVISION 6 DEDICATE ALL RIGHT-OF- WAYS a PUBLIC AREAS TO PUBLIC USE a GRANT ALL EASEMENTS TO THE USE SHOWN. ~ul.. 4f.J.l dahfbvx. L-~ JESS L HALL and KATHLEEN L. HALL PO BOX 651 KENAI, ALASKA 99611 U .. t:,,. 12d CLINTON D. HALL P.O. BOX 2829 KENAI, AK. 99611 NOTARY'S ACKNOWLEDGEMENT · . ..._ ·'• NOTARY PUBLl~FOR ALASKA MY COMMISSION EXPIRES Jd., -;;2.~ lff '4, PLAT APPROVAL THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION AT THE MEETING OF 0,4:J2cll 1&,rtJf KENAI PENINSULA BOROUGH At1T~ : I : --------+~l___ ___ _ 330 .00 1 LEGEND ', __ BASIS OF BEARING EB • l ( ) • MONUMENT (Found this survey) MONUMENT (Set this survey) 1/2" REBAR (Found this survey) 5/8 11 x 30" REBAR (Set this uvey) RECORD DATUM KRD 79-9 CONCRETE HWY. MONUMENT (Fnd) (NR) NON-RADIAL NO . 2 4 5 6 7 KRD 79-9 R 276 4 . 79' 2 7 64 .7 9 ' 2 764 . 7 9 ' 50. oo· 50. oo · 276 4 79' 2764 . 7 9 ' CURVE DATA 6 L T 3o37' 20" 174 , 79' 8 7, 43' 3 °37'39" 175.04° 87 ,55' 5°39'23" 27 2 95 13 6 . s s' 102°43°06" 89 .64 62 54' 155°51'00" 136.oo' 233. 73' 0°37°20" 30.03' 15. 01' 1°14' 36" 59_99 ' 30 o o· I : I 420 . oo· I 2517, 22 --I I I I I I :53' SECTION LINE EASEMENT C I I I I I I I ' o I 174 .7 6' 175 0 1' 2 7 2.84' 78.11' 97. 79" 3 (J , 03' 59, ':13' CB S 40 °34 '12"E S36°56°43"E S 3 2°10' 12"E N 22°47' 27°'E N 27°55' 30°1W S43 °56 ° oa"'E S43°00° IO"E CIHMC,,.11 Of ANIIOVM aY '1111 ALASKA _,AUMINT Of INVIIONMINrAl CONIIIYAIION 'IWI ~ ha .,._ ...._,ed i. , l'dMee with ,tAAc~f 'J~ •ad l1 ..,,,-,ed.-,~ to a.., nOMd NShicti.ofts. NOTES &'fl¢/.' 4Lh:W.M'.-,(' 5 ·1' · 1'1. SIGMTVRI! Tm!! DAT! I) ALL WASTEWATER DISPOSAL SYSTEMS SHALL COMPLY WITH EXISTING LAWS AT THE TIME OF CONSTRUC - TION. 2) NO DIRE(;T ACCESS TO STATE MAINTAINED ROWS PERMITTED UNLESS APPROVED BY STATE OF ALASKA DEPARTMENT OF TRANSPORTATION. BARON WOOO SI.ISO. A SUBDIVISION OF THAT PORTION OF GOV'T LOT 9 SW OF BEAVER WOP ANO LOCATED IN THE SW l/4 SE //4 SEr:. 4 T5N RI/W SM, AK ANO THE CITY OF KENAI. /0.37ocres containinq 9 lots 1---------------------------11 DOWLING-RICE and ASSOCIATES PO BOX 1974 SOLDOTNA.ALASKA 99669 ENGINEERS 262 -90// SURVEYORS SURVEYED: 9-93 PLATTED : 9-83 DRAFTED : LKA / MM SCALE : I"= 100' CHECKED, CE'B / DP FIELD BOOK: 17 Kenai City Council - Regular Meeting Page 1 of 3 May 17, 2023 Kenai City Council - Regular Meeting May 17, 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 C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker) 1. 2023 Meals on Wheels Event, Velda Geller, Kenai Senior Connections. 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. 3348-2023 - Accepting and Appropriating Funds from the Institute of Museum and Library Services, Passed through the State of Alaska, Department of Education and Early Development, Division of Library, Archives & Museums, for Library Employee Training. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3349-2023 - Accepting and Appropriating a Donation to the Kenai Community Library for the Purchase of Early Literacy Equipment and Furniture. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3350-2023 - Accepting and Appropriating Grant Funds from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. (Administration) 4. ENACTED UNANIMOUSLY. Ordinance No. 3351-2023 - Accepting and Appropriating Funding from the State of Alaska Department of Health and Social Services, Division of Public Health for the Healthy and Equitable Communities Program, and Authorizing the City Manager to Execute a Memorandum of Agreement for this Funding. (Administration) 5. ENACTED UNANIMOUSLY. Ordinance No. 3352-2023 - Increasing Estimated Revenues and Appropriation in the Kenai City Dock Improvement, Animal Control Improvement, and Airport Page 38 ~ K(;NAI Kenai City Council - Regular Meeting Page 2 of 3 May 17, 2023 Snow Removal Equipment Improvement Capital Project Funds to Transfer Residual Balance from Completed Projects Back to their Original Funding Sources. (Administration) 6. ADOPTED UNANIMOUSLY. Resolution No. 2023-34 - Awarding a Contract for Ambulance Billing Services. (Administration) 7. ADOPTED UNANIMOUSLY. Resolution No. 2023-35 - Authorizing a Service Agreement for the Personal Use Fishery Dumpsters and Portable Restrooms. (Administration) 8. ADOPTED UNANIMOUSLY. Resolution No. 2023-36 - Authorizing a Service Agreement to Provide Refueling Services for City Facility Fuel Tanks. (Administration) 9. ADOPTED UNANIMOUSLY. Resolution No. 2023-37 - Authorizing a Reallocation of Funds Within the Municipal Roadway Improvements Capital Project Fund. (Administration) F. MINUTES 1. *Special Meeting of April 27, 2023. (City Clerk) 2. *Regular Meeting of May 3, 2023. (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. REMOVED FROM THE AGENDA. *Action/Approval - Amending an Employment Agreement between the City of Kenai and City Clerk, Michelle Saner. (Gabriel) 3. *Action/Approval - Amending an Employment Agreement between the City of Kenai and City Attorney, Scott Bloom. (Gabriel) 4. *Ordinance No. 3353-2023 - Adopting the Annual Budget, Salary Schedule and Employee Classification Plan for the Fiscal Year Commencing July 1, 2023 And Ending June 30, 2024 and Committing $5,761,661 of General Fund, Fund Balance for Future Capital Improvements. (Administration) 5. *Ordinance No. 3354-2023 - Accepting and Appropriating Grant Funds from the Department of Justice Passed Through the Alaska Internet Crimes Against Children Task Force for the Purchase of Forensic Software. (Administration) 6. *Ordinance No. 3355-2023 - Amending KMC 13.10.015-Minor Offense Fine Schedule, to Incorporate Prior Amendments to KMC 13.30.030- Street Parking Prohibitions, and the Repeal of KMC 13.30.095- Parking Prohibited on Kenai Avenue. (Legal) 7. *Ordinance No. 3356-2023 - Amending Kenai Municipal Code Title 23—Personnel Regulations to Address Recruitment and Retention of Employees and Make Housekeeping Changes. (Administration) 8. APPROVED UNANIMOUSLY. Action/Approval - Special Use Permit to Rogue Wave Processing for Aircraft Loading and Parking Space Related to Fish Haul Operations. (Administration) 9. APPROVED UNANIMOUSLY. Action/Approval - Memorandum of Agreement with Ted Stevens Anchorage International Airport for Use of the Alaska Regional Aircraft Fire Training Center. (Administration) Page 39CJ Kenai City Council - Regular Meeting Page 3 of 3 May 17, 2023 10. POSTPONED TO 6/7/2023. Action/Approval - Extending the Agreement for Tourism and Marketing Services with Divining Point, LLC for One Year. (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 K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 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/89274005944 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 892 7400 5944 Passcode: 696827 Meeting ID: 892 7400 5944 Passcode: 696827 Page 40CJ Kenai City Council - Regular Meeting Page 1 of 3 May 03, 2023 Kenai City Council - Regular Meeting May 03, 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 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. 3345-2023 - Accepting and Appropriating Donations for Construction of the Kenai Community Dog Park. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3346-2023 - Increasing Estimated Revenues and Appropriations in the General Fund, Fire Department for the Purchase of an Inflatable Rescue Boat. (Administration) 3. ENACTED. Ordinance No. 3347-2023 - Establishing the Storefront and Streetscape Improvement Program and Appropriating $50,000 from the General Fund. (Askin, Sounart) 4. ADOPTED UNANIMOUSLY. Resolution No. 2023-29 - Deferring the Annual City Fee for Tideland Leases for Shore Fisheries to Provide Relief for Set Net Operators Leasing Tidelands from the City for Commercial Setnet Operations if Setnet Fisheries Remain Closed in the Upper Cook Inlet Eastside Set Net Fishery Salamatof Beach Section. (Gabriel) 5. ADOPTED UNANIMOUSLY. Resolution No. 2023-30 - Authorizing a Reallocation of Funds within the Congregate Housing Improvement Capital Project Fund. (Administration) 6. ADOPTED UNANIMOUSLY. Resolution No. 2023-31 - Authorizing a Reallocation of Funds within the Municipal Roadway Improvements Capital Project Fund. (Administration) 7. ADOPTED UNANIMOUSLY. Resolution No. 2023-32 - Approving a Lease Utilizing a Non- Standard Lease Form on Airport Reserve Lands Between the City of Kenai and the Federal Page 41 ~ K(;NAI Kenai City Council - Regular Meeting Page 2 of 3 May 03, 2023 Aviation Administration for the Automated Flight Service Station and Satellite Communication Network Facilities on Lot 7A-1 FBO Subdivision No. 5. (Administration) 8. ADOPTED UNANIMOUSLY. Resolution No. 2023-33 - Approving an Amendment to the Lease and Concession Agreement for the Kenai Municipal Golf Course and Recreation Area Between the City of Kenai and Griffin Golf, LLC. (Administration) F. MINUTES 1. *Regular Meeting of April 19, 2023. (City Clerk) G. UNFINISHED BUSINESS H. 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 Transfer of a Limited Marijuana Cultivation Facility License for Grateful Bud, LLC., DBA: Grateful Bud, LLC. - License No. 16474. (City Clerk) 4. *Ordinance No. 3348-2023 - Accepting and Appropriating Funds from the Institute of Museum and Library Services, Passed through the State of Alaska, Department of Education and Early Development, Division of Library, Archives & Museums, for Library Employee Training. (Administration) 5. *Ordinance No. 3349-2023 - Accepting and Appropriating a Donation to the Kenai Community Library for the Purchase of Early Literacy Equipment and Furniture. (Administration) 6. *Ordinance No. 3350-2023 - Accepting and Appropriating Grant Funds from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. (Administration) 7. *Ordinance No. 3351-2023 - Accepting and Appropriating Funding from the State of Alaska Department of Health and Social Services, Division of Public Health for the Healthy and Equitable Communities Program, and Authorizing the City Manager to Execute a Memorandum of Agreement for this Funding. (Administration) 8. *Ordinance No. 3352-2023 - Increasing Estimated Revenues and Appropriation in the Kenai City Dock Improvement, Animal Control Improvement, and Airport Snow Removal Equipment Improvement Capital Project Funds to Transfer Residual Balance from Completed Projects Back to their Original Funding Sources. (Administration) 9. APPROVED UNANIMOUSLY. Action/Approval - Special Use Permit to Kenai Aviation Operations, LLC. for Airport Taxilane Space for Aircraft Parking. (Administration) 10. Discussion - Status and Path Forward for Wildwood Drive Rehabilitation Project. (Administration) I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission Page 42CJ Kenai City Council - Regular Meeting Page 3 of 3 May 03, 2023 5. Planning and Zoning Commission 6. Beautification Committee J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION 1. Review and Discussion of the City Attorney's Evaluation Which May be a Subject that Tends to Prejudice the Reputation and Character of the City Attorney [AS 44.62.310(C)(2)]. 2. Review and Discussion of the City Clerk's Evaluation Which May be a Subject that Tends to Prejudice the Reputation and Character of the City Clerk [AS 44.62.310(C)(2)]. N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS 1. CIRCAC Director’s Report The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting OR https://us02web.zoom.us/j/86090121719 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 860 9012 1719 Passcode: 016058 Meeting ID: 860 9012 1719 Passcode: 016058 Page 43CJ Plat Committee Kenai Peninsula Borough Meeting Agenda 144 North Binkley Street Soldotna, AK 99669 Betty J. Glick Assembly Chambers6:30 PMMonday, May 22, 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 Kenai Peninsula Borough Printed on 5/19/2023Page 44 May 22, 2023Plat Committee Meeting Agenda 1. Agenda 2. Member / Alternate Excused Absences 3. Minutes May 8, 2023 Plat Committee Meeting MinutesKPB-5207 C3. 050822 Plat Committee MinutesAttachments: 4. Grouped Plats Grouped Plats May 22, 2023 Grouped PlatsKPB-5236 D. OLD BUSINESS E. NEW BUSINESS Bunnell’s Subdivision 2023 Replat; KPB File 2023-047 Ability Surveys / Malone, Hendrix Location: Swatzell Street & West Pioneer Avenue City of Homer KPB-52081. E1. Bunnell's Subdivision 2023 Replat_PacketAttachments: Fourth of July Creek Subdivision Seward Marine Industrial Center Duchess Replat; KPB File 2023-045 Lang & Associates Inc. / City of Seward Location: Delphine Street, Olga Street & Morris Avenue City of Seward KPB-52092. E2. Fourth of July Creek Seward Marine Industrial Ctr Duchess Replat_PacketAttachments: Puffin Acres 2023; KPB File 2023-046 Ability Surveys / Hall Location: Crested Crane Street & East End Road Kachemak City KPB-52103. E3. Puffin Acres_PacketAttachments: Right-of-Way Acquisition Park Road; KPB File 2023-033 McLane Consulting Group / Oliva Location: Park Road Nikiski Area / Nikiski APC KPB-52114. E4. ROW Acquisition Park Rd.Attachments: Page 2 Kenai Peninsula Borough Printed on 5/19/2023Page 45 May 22, 2023Plat Committee Meeting Agenda Twin Creek 2023: KPB 2023-044 Geovera, LLC / Paul Location: Nearly Level Road & Monroe Street Diamond Ridge Area / Kachemak Bay APC KPB-52125. E5. Twin Creek 2023_PacketAttachments: Whisper Lake Subdivision Miller Addition Prather Replat KPB File 2023-048 Segesser Surveys / Prather Location: Ben Court Sterling Area KPB-52136. E6. Whisper Lake Sub Miller Addn Prather Replat_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, June 12, 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 5:30 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 5/19/2023Page 46 May 22, 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. 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 4 Kenai Peninsula Borough Printed on 5/19/2023Page 47 Plat Committee Kenai Peninsula Borough Meeting Agenda 144 North Binkley Street Soldotna, AK 99669 Betty J. Glick Assembly Chambers6:00 PMMonday, May 8, 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 5/5/2023Page 48 May 8, 2023Plat Committee Meeting Agenda 1. Agenda 2. Member / Alternate Excused Absences 3. Minutes April 24, 2023 Plat Committee Meeting MinutesKPB-5152 C3. 042223 Plat MinutesAttachments: D. OLD BUSINESS E. NEW BUSINESS Obsidian Subdivision; KPB File 2023-042 Seabright Surveying / Thomas Location: Hill Avenue & Saber Avenue West Fritz Creek Area / Kachemak Bay APC KPB-51531. E1. Obsidian Sub_Packet E1. Obsidian Subdiviaion_Desk Packet Attachments: Skipper’s View 2023 Addition; KPB File 2023-026 Orion Surveys / The Canyon Creek Trust Location: Waterman Road Fritz Creek Area / Kachemak Bay APC KPB-51542. E2. Skipper's View 2023 Addn._Packet E2. Skipper's View 2023 Addn_ Desk Packet Attachments: ROW Acquisition Seward Hwy. MP 25.5 to 36 Trail River to Sterling WYE Rehabilitation; KPB File 2022-063R1 State of AK DOT&PF / State of Alaska Location: Seward Hwy Mile Posts 25.5 to 36 Moose Pass Area / Moose Pass APC KPB-51553. E3. ROW Acquisition Seward Hwy._Packet E3. ROW Acquisition Seward Hwy_Desk Packet Attachments: 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 Page 2 Printed on 5/5/2023Page 49 May 8, 2023Plat Committee Meeting Agenda MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING The next regularly scheduled Plat Committee meeting will be held Monday, May 22, 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 5/5/2023Page 50 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, May 8, 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 5/9/2023Page 51 May 8, 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 - None 2. Planning Commission Resolutions - None 3. Plats Granted Administrative Approval a. Bear Lahai Roi Subdivision 2022 Addition; KPB File 2022-089 b. Christensen Tracts 2021 Addition; KPB File 2021-046 c. The Peaks Subdivision; KPB File 2022-115 KPB-5143 C3. Admin Approvals_PacketAttachments: 4. Plats Granted Final Approval (KPB 20.10.040) a. Baron Park Triumvirate Addition; 2023-036KPB-5144 C4. Final Approvals_PacketAttachments: 5. Plat Amendment Request - None 6. Commissioner Excused Absences a. Pamela Gillham - District 1, Kalifornsky b. City of Seldovia, Vacant Page 2 Kenai Peninsula Borough Printed on 5/9/2023Page 52 May 8, 2023Planning Commission Meeting Agenda c. District 7 - Central, Vacant 7. Minutes April 24, 2023 PC Meeting MinutesKPB-5145 C7. 042423 PC Minutes_PacketAttachments: D. OLD BUSINESS - None E. NEW BUSINESS Right-Of-Way Vacation; KPB File 2023-024V Ability Surveys / Jones Request: Vacates a portion of Perkins Road and associated utility easements granted on Stanley’s Meadow Vikki’s Replat, Plat HM 99-30 Fritz Creek Area / Kachemak Bay APC KPB-51461. E1. ROWV-Perkins Rd_PacketAttachments: Conditional Use Permit; PC Resolution 2023-03 Petitioners: Daniel Sweatt & Ronald Jackson Request: to construct a bridge on a KPB ROW within the 50’ Habitat Protection District of the Unnamed Creek (AWC 244-10-10010-2011-3031-4022) Location: Lot 8-A Nikolaevsk Village Subdivision No. 5, Plat HM 0800099 Nikolaevsk Area KPB-51472. PC RES 2023-03_Executed E2. CUP Bridge-Berezka_Packet Attachments: ZipMart Building; 38525 Swanson River Road; Sterling Area. Order to show cause why the Zip Mart building should not be condemned. KPB-51503. E3. ZipMart Building_Packet E3. ZipMart Building_Desk Packet Attachments: Ordinance 2023-10: An ordinance authorizing the sale of substandard sized lots obtained by Kenai Peninsula Borough through tax foreclosure and retained for a public purpose. KPB-51484. E4. ORD 2023-10_PacketAttachments: Page 3 Kenai Peninsula Borough Printed on 5/9/2023Page 53 May 8, 2023Planning Commission Meeting Agenda Ordinance 2022-46: Amending KPB 21.02.230 to modify the boundaries of the Nikiski Advisory Planning Commission. KPB-51495. E5. ORD 2022-46_Packet E5. ORD 2022-46 - Nikiski APC Boundaries_Desk Packet Attachments: 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 Advisory Planning Commission Meeting MinutesKPB-5151 Misc Info_PC Desk PacketAttachments: NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, May 22, 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 Kenai Peninsula Borough Printed on 5/9/2023Page 54 May 8, 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 Kenai Peninsula Borough Printed on 5/9/2023Page 55 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, May 8, 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 5/9/2023Page 56 May 8, 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 - None 2. Planning Commission Resolutions - None 3. Plats Granted Administrative Approval a. Bear Lahai Roi Subdivision 2022 Addition; KPB File 2022-089 b. Christensen Tracts 2021 Addition; KPB File 2021-046 c. The Peaks Subdivision; KPB File 2022-115 KPB-5143 C3. Admin Approvals_PacketAttachments: 4. Plats Granted Final Approval (KPB 20.10.040) a. Baron Park Triumvirate Addition; 2023-036KPB-5144 C4. Final Approvals_PacketAttachments: 5. Plat Amendment Request - None 6. Commissioner Excused Absences a. Pamela Gillham - District 1, Kalifornsky b. City of Seldovia, Vacant Page 2 Kenai Peninsula Borough Printed on 5/9/2023Page 57 May 8, 2023Planning Commission Meeting Agenda c. District 7 - Central, Vacant 7. Minutes April 24, 2023 PC Meeting MinutesKPB-5145 C7. 042423 PC Minutes_PacketAttachments: D. OLD BUSINESS - None E. NEW BUSINESS Right-Of-Way Vacation; KPB File 2023-024V Ability Surveys / Jones Request: Vacates a portion of Perkins Road and associated utility easements granted on Stanley’s Meadow Vikki’s Replat, Plat HM 99-30 Fritz Creek Area / Kachemak Bay APC KPB-51461. E1. ROWV-Perkins Rd_PacketAttachments: Conditional Use Permit; PC Resolution 2023-03 Petitioners: Daniel Sweatt & Ronald Jackson Request: to construct a bridge on a KPB ROW within the 50’ Habitat Protection District of the Unnamed Creek (AWC 244-10-10010-2011-3031-4022) Location: Lot 8-A Nikolaevsk Village Subdivision No. 5, Plat HM 0800099 Nikolaevsk Area KPB-51472. PC RES 2023-03_Executed E2. CUP Bridge-Berezka_Packet Attachments: ZipMart Building; 38525 Swanson River Road; Sterling Area. Order to show cause why the Zip Mart building should not be condemned. KPB-51503. E3. ZipMart Building_Packet E3. ZipMart Building_Desk Packet Attachments: Ordinance 2023-10: An ordinance authorizing the sale of substandard sized lots obtained by Kenai Peninsula Borough through tax foreclosure and retained for a public purpose. KPB-51484. E4. ORD 2023-10_PacketAttachments: Page 3 Kenai Peninsula Borough Printed on 5/9/2023Page 58 May 8, 2023Planning Commission Meeting Agenda Ordinance 2022-46: Amending KPB 21.02.230 to modify the boundaries of the Nikiski Advisory Planning Commission. KPB-51495. E5. ORD 2022-46_Packet E5. ORD 2022-46 - Nikiski APC Boundaries_Desk Packet Attachments: 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 Advisory Planning Commission Meeting MinutesKPB-5151 Misc Info_PC Desk PacketAttachments: NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, May 22, 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 Kenai Peninsula Borough Printed on 5/9/2023Page 59 May 8, 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 Kenai Peninsula Borough Printed on 5/9/2023Page 60 KENAI PENINSULA BOROUGH, AK Flood Map Update Kenai Planning and Zoning Commission Meeting May 24, 2023 FEMA WHY ARE THE FLOOD MAPS CHANGING? Flooding is the most costly and deadly natural hazard in the U.S. Flood risk changes over time.1 3 Policies and national priorities are updated. 2 New data is released and technology improves. (sample) Kenai Peninsula Borough Paper Flood Insurance Rate Map, developed in 1981 2Federal Emergency Management AgencyFEMA Four index pages. Total of 20 Flood Insurance Rate Map (FIRM) panels. Two volumes of the Updated Flood Insurance Study (FIS). THIS MAPPING UPDATE 3Federal Emergency Management AgencyFEMA FLOOD INSURANCE STUDY . ENCY KENAI PENINSULA BOROUGH ALASKA ' MIO ll.co!IIPCAAT'!.D-S FEMA PREUl.-uRY J•nua,y31.202l REVISED : TBO ~~~;-'.t.ict,:Tl.ll'rr...MfiER ..... ~ ... -· 1t.,, 5ff Shffl 1 0Ufo, =E~=~t~½~~~~1=-~1~=c,s,,,ooeCOMMO"ne, SH Shffl3of•IO< PANEL DATES LISTING AREA2 MAP REPOSITOR IES --.:=;--""'"·""'"' >tOMEft,CITYOf eo - ::!/:::C~ ~;;~~- 'IE""-',CITYOf Cil:r Hol ~...,,.~i':"" >(1;~~17-'"=-~ SE~=-CITYOf 2~00C1,,Sno, __ AK_) SE~::_c1TYOf ,,o ........ s-o S.-"1,AK- ~~~COTY Of 117N.ll,,:nS-__ AKffl0 ""SEMAP SOUftCE ~-::=~~ FIRM FLOOD INSURANCE RATE MAP K ENA I PEN I NSULA !~:~-~gR~;:::~K A O$EELISTINGOfCOMMUNTIES~!~SI This study covered: Detailed streams. Kenai River (47.3 mi.) Approximate streams. Beaver Creek (3.3 mi.) Funny River (1.7 mi.) Killey River (2.7 mi.) Moose River (6.0 mi.) Slikok Creek (1.8 mi.) Soldotna Creek (3.1 mi.) SCOPE OF WORK 4Federal Emergency Management Agency Project Viewer: https://arcg.is/11q0PX0 K ENAI BASEMAP LAYERS • JURI SDI CTIO N TRIBE □ COU NTY MA JOR ROAD □ -.. STATE HUCB WATERSHED FEMA UPPER KENAI PENINSULA WATERSHED KENArTZE RESERVATION SCOPE OFWORK --Approx imate --Detailed D Kenai Panels MOOSE RIVER KILLEY RIVER REFERENCE STUDY AREA 1 inc h • 3.8 mil es 1:237 ,9 69 N A .. WHAT ARE THE BENEFITS OF FLOOD MAPS? Federal Emergency Management Agency 5 Identify and Assess Flood Risk Establish Flood Insurance Purchase Requirements Support Local Land Use & Floodplain Management Inform Engineers and Developers Equip Emergency Managers FEMA l • □□□□ 888 □1 The National Flood Insurance Program (NFIP) aims to reduce the impact of flooding by: •Reducing disaster costs. •Reducing loss of life and property. •Providing insurance to property owners, renters, and businesses. •Supporting community adoption and enforcement of floodplain management regulations. WHAT IS THE NFIP? 6Federal Emergency Management AgencyFEMA EFFECTIVE TO PRELIMINARY MAP EXAMPLES Federal Emergency Management Agency 7 Sample Effective Map (1981) Preliminary Flood Map (2023) ZONE Al 4( , .. --...___.. AMV / 6("" Zq!'JEC FEMA SPECIAL FLOOD HAZARD AREAS Without Base Fl WZone A, v, A99 ood Elevation (BFE) 1th BFE or Depth z oneAE AO AH Regulatory Fl ' ' ' VE, AR oodway 0 .2% An nua l Ch of 1 % annua l ha nee Flood Hazard A depth I c a nee flood w·th ' reas ess than O I average areas of less thanne foot or with drainage one square mile Zone x ESTIMATED PROPERTY IMPACTS Federal Emergency Management Agency 8 Effective vs. Preliminary:Estimated Impacts Within the Special Flood Hazard Area (SFHA) Structure Assessment (Map Viewer): https://arcg.is/1a4naT So l dotn a, City of Ke n ai Pe nin s.ul a Boroug h, Uni n corp o,r.a t e d A.r e.as of Total TOTAL. COUNTS: JURISDJ(TION Ke n ai, City of So l d otn a, City of + Ke n a i Pe nin sula B.oro ug h, Unin co r p orat e d A.r e.as of Total FEMA 2.3 4 1,7913 2,186 STRUCTURE COUNT (STUDY AREA 1 234 1,793 2,186 t 171 759 1,077 IN SFHA (EFFECTJVE.1 61 873 942 3 766 112 OUT SFHA (EfFECTJVE.1 173 92!0 1,244 j 2 161 167 INSFHA (PREUMJNAR'\:1 5 '92.7 939 58 107 170 OUTSFHA f PREU MI NAR'\:1 NET CHANGE 22.9 -56 + 866 54 1,247 -3 TIMELINE TO EFFECTIVE MAPS Federal Emergency Management Agency 9 * All projected dates may change as the project progresses. Once FEMA issues the Letter of Final Determination (LFD), communities have six months to update their regulations. They must adopt the study before the data becomes effective. If they do not, they can be suspended from the NFIP. FIRM Is Effective FALL 2024* Start of Appeal Period SUMMER 2023* Flood Risk Review Meeting MARCH 23, 2022 End of Appeal Period FALL 2023* Letter of Final Determination (LFD) SPRING 2024* Preliminary Maps Issued JANUARY 31, 2023 Public Open House JUNE 22, 2023 Consultation Coordination Officers (CCO) Meeting MARCH 30, 2023 • • • • • • • I FEMA PUBLIC OPEN HOUSE 10Federal Emergency Management Agency PROPERTY ID and DIGITAL MAPPING •Provides property owners with a map of their property and explains the flood zone and risks on or near it. FLOOD STUDY/ENGINEERING •Explains the methodology, data, and technical analysis details of the study. •Discusses the comments and appeals process. FLOODPLAIN REGULATIONS •Describes the NFIP and building requirements and restrictions. FLOOD INSURANCE •Details insurance policy options and rating methods. Thursday, June 22 5:30-7:30 p.m. Donald E. Gilman River Center 514 Funny River Road FEMA KENA I PE NI NSULA BOROUGH FLOOD RISK OPEN HOUS E RESOURCE TABLES PRO PE RTY ID ENTI FICATION AND DI GITA L MAPPING / PROP ERTY LOOKUP At the Property Identification and Digital Mapping station we offe r by-request printing of maps which show individual properties and t he f lOOd zone . Th ese maps can help you to determine if you 're in a flOOd zone or flOOdway and what the risks are on , or nea r, you r property_ Yo u can take that map to t he oth er stations to get mo re detail on specifics abo,n your property_ FLOOD INSURANCE / INSU RANC E INFO RMATION The FIOOd Insurance table is yo ur go-to resou rce to speak with insurance specia lists . You can find out if your property must have flOOd ins urance , how insu rance can benefit you , what the insurance rate structures are in your zo ne. and how you can get the lowest rate. FLOO D STUDY AND ENGINE ER ING / ENGINE ERI NG STU DY At the FIOOd Study and Engineering station yo u can speak with ~ experts about the flOOd mapping process. You can also learn how Specia l ~ FIOOd Hazard Areas (SfHAs) are determined , ask about your property and designated flOOd zone , and lea rn what to do if you think yo ur house is out- side of the SFHA FEMA FLOOD PLAIN REGULATIONS .:Gait, Visit the FEMA FIOOdplain Regu lations station to lea rn about bui lding requi re- -ments and restrictions m your f lOOd zone or flOOdway. Th is will help you stay in compliance wit h the National FIOOd Insu rance Program . Appeals: Technical information or data that results in further analysis and a major change to the preliminary map. Comments: Other information that does not result in a major map change. Procedure: Submit to the community (preferred) to forward on to FEMA or directly to the FEMA Regional Service Center via mail or email (RSC10@STARR-team.com). SUBMITTAL OF APPEALS AND COMMENTS Federal Emergency Management Agency 11 Please also consider a cc to: •Dale Meck, dale.meck@fema.dhs.gov (FEMA Project Monitor) •Matt Witosky, matt.witosky@stantec.com (STARR II Project Manager) FEMA Region 10 Service Center 20700 44th Ave W, Suite 130 Lynnwood, WA 98036 FEMA Federal Emergency Management Agency 12 VIRTUAL RESOURCE -FLOOD MAP UPDATE SITE (“STORY MAP”) https://arcg.is/1yzGbq FEMA STORYAP FEATURES Find contact information for the person or team that can best answer your flood map and NFIP questions. STORY MAP FEATURES View, download or request a personalized map of your property or land. Visit the Flood Study/Engineering tab to learn more about the science behind the map update. Learn more about flood insurance and contact a specialist to talk about your policy options. Learn more about the NFIP and local floodplain regulations. 1 2 3 4 5 Federal Emergency Management Agency 13 I FEMA THANK YOU! PLANNING & ZONING COMMISSION Resolution PZ2023-07 –Conditional Use Permit (CUP) Amendment – Recreational Vehicle (RV) Park Expansion, Event Venue, and Public Market 810 Childs Avenue May 24, 2023 CUP Amendment –RV Park Expansion, Event Venue, and Public Market Summary Current Use RV Park Zoning Heavy Industrial (IH) Land Use Designation Industrial Combined Lot Area 19.96 acres Associated CUP PZ05-34 Surrounding Uses North Vacant (future restaurant/ brewery) South City Dock West River East Automotive Repair/Transport ___ I Parcels -Heavy Industrial N Thit property layout ~fot 112 carrc>spots. Q0JpOCS3l.11~ 30"lf45" and 22 spotS a _,.....li!yYI..«1 . .-u bnes are al 25' widt « more. ThlS shows lht IOQt10n of the C.iif'l'IC)Seote a s well as p,¥(1ng for it as well as cwtrllow parimg !or the rfft d. ttw prope,l'ty. kl adcllOl'I there are spotS, .,, _ _... .. ...... _ ..... _ ~ j ·-• '] @ ~ ... ·-·-·-·· KMC 14.20.150(e) Conditional Use Permit Review Criteria STAFF ANALYSIS Criteria 1 The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Met Criteria 2 The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired.MetCondition Nos.3 & 4 Criteria 3 The proposed use is in harmony with the Comprehensive Plan.Met Criteria 4 Public services and facilities are adequate to serve the proposed use.MetCondition No.5 Criteria 5 The proposed use will not be harmful to the public safety, health or welfare.Met 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. MetCondition No.6 KMC 14.20.245(a) Conditional Use Permit Review Criteria –RV Park STAFF ANALYSIS Condition 1 Adequate utilities for projected or actual use shall be available.MetCondition No.5 Condition 2 The projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park.Met Condition 3 Any and all specific conditions required to comply with conditions 1 and 2 as determined by the Planning and Zoning Commission shall be met by the applicant.Met Staff Recommendation Adopt Resolution PZ2023-07 approving an amendment to the Conditional Use Permit for a Recreational Vehicle (RV) park expansion, event venue, and public market on the properties described as Alaska Tidelands Survey (ATS) No. 770, ATS No. 114, US Survey (USS) No. 678 Amended of Sections 4 & 9 of Township 5 North, Range 11 West, Seward Meridian, AK, and located at 810 Childs Avenue. That the amendment is subject to the original conditions and the conditions outlined in the Resolution. PLANNING & ZONING COMMISSION Resolution PZ2023-07 –Conditional Use Permit (CUP) Amendment – Recreational Vehicle (RV) Park Expansion, Event Venue, and Public Market 810 Childs Avenue May 24, 2023 Conditions 1.Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless ofwhether 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.A traffic mitigation plan will be implemented in coordination with applicable City departments when traffic circulation/flow becomes an issue with adjacent properties and neighborhood due to the uses on the premises. 4.Provide a minimum 10-foot buffer strip from the interior lot lines to ensure RV space occupants are protected from noise and privacy from the surrounding commercial or industrial uses. 5.Prior to the established operation of an event venue and public market, consult with the Public Works Department on any potential or required improvements to Childs Avenue and any additional demand on existing onsite water system and sewer collection system. 6.RV space occupants or visitors of the RV park, event venue, and public market are prohibited from using the City Dock bathrooms unless they are actively using the City Dock, such as boat launching. It is the responsibility of the property owner and operator of the RV park, event venue, and public market to ensure all occupants and visitors are aware of this restriction. 7.The RV park is not to become a nuisance to surrounding properties. The RV park must control dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly appearance free from refuse. PLANNING & ZONING COMMISSION Resolution PZ2023-08 –Conditional Use Permit (CUP) Recreational Vehicle (RV) Park 1088 and 1120 Bridge Access Road May 24, 2023 CUP –RV Park Summary Current Use Vacant Zoning Heavy Industrial (IH) Land Use Designation Industrial Combined Lot Area 1.94 acres Surrounding Uses North Bridge Access Road South Automotive Repair/Transport West Vacant (future restaurant/brewery);RV Park East Bridge Access Road 11008 and 1120 Bridge ----A!;cess. Road ___ I Pa1rce ls -Heavy Industr ial ------~ -------RD -r~ flt ..,,.. E.REA- PIJ.LL .Throu.q, f<' V J -~b '(o"'~" - ::::=:----\'t WI., -01.t 1,!,.'1S i V 7 A r K KMC 14.20.150(e) Conditional Use Permit Review Criteria STAFF ANALYSIS Criteria 1 The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Met Criteria 2 The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired.MetCondition Nos.4 & 5 Criteria 3 The proposed use is in harmony with the Comprehensive Plan.Met Criteria 4 Public services and facilities are adequate to serve the proposed use.MetCondition No.6 Criteria 5 The proposed use will not be harmful to the public safety, health or welfare.Met Criteria 6 Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Met KMC 14.20.245(a) Conditional Use Permit Review Criteria –RV Park STAFF ANALYSIS Condition 1 Adequate utilities for projected or actual use shall be available.MetCondition No.6 Condition 2 The projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park.Met Condition 3 Any and all specific conditions required to comply with conditions 1 and 2 as determined by the Planning and Zoning Commission shall be met by the applicant.Met Staff Recommendation Adopt Resolution PZ2023-08 approving a Conditional Use Permit for a Recreational Vehicle (RV) park on the properties described as Lots 1 and 2 of Baron Wood Subdivision located at 1088 and 1120 Bridge Access Road, subject to the listed conditions in the Resolution. PLANNING & ZONING COMMISSION Resolution PZ2023-08 –Conditional Use Permit (CUP) Recreational Vehicle (RV) Park 1088 and 1120 Bridge Access Road May 24, 2023 Conditions 1.Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless ofwhether 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.Prior to operation of the RV park, the two (2) subject parcels must be consolidated or merged. 4.A traffic mitigation plan will be implemented in coordination with applicable City departments when traffic circulation/flow becomes an issue with adjacent properties and neighborhood due to the uses on the premises. 5.Provide a minimum 10-foot buffer strip from the interior lot lines to ensure RV space occupants are protected from noise and privacy from the surrounding commercial or industrial uses. 6.Prior to the established operation of the RV park, consult with the Public Works Department on any potential or required improvements to Childs Avenue and any requirements for the onsite water system and sewer collection system. 7.The RV park is not to become a nuisance to surrounding properties. The RV park must control dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly appearance free from refuse. AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I hereby certify that I have posted a Notice of Public Hearing as prescribed by Kenai Municipal Code 14.20.280 (d) on the property that __________________________________(Name of Applicant) has petitioned for a _____________________________________________________________________. The notice was posted on the date of _____________________, which is at least 10 days prior to the public hearing on this petition. I acknowledge this Notice must be posted so as to be visible from each improved street adjacent to the property and must be maintained and displayed until all public hearings have been completed. I acknowledge that the Notice must be removed within 5 days after the hearing. Affirmed and signed by: _________________________________________ Printed Name: ____________________________ Date: __________________________ PROPERTY: Address: __________________________________ Legal: _____________________________________ KPB Parcel #: _______________________________ P&Z Resolution No#: _________________________ Conditional Use Permit (CUP) 5/12/2023 Riverfront Investments, LLC. 810 Childs Ave. T 5N R 11W SEC 4 & 9 SEWARD MERIDIAN KN 000078 US SURVEY 678 AMD 04901401 2023-07 5/12/2023 Alyssa Looney K~NAI City of Kenai I 210 f=idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai.cily CERTIFICATE OF PUBLICATION & POSTING I, Linda Mitchell, Planning Director of the City of Kenai, do hereby certify that on the 15th day of May 2023, I electronically mailed or caused to be published the foregoing Notice of Meeting to the Peninsula Clarion and requested that this Notice be published in the May 17th 2023 edition of their newspaper. On the 20th day of May, 2023, the full meeting agenda was also posted at Kenai City Hall and on the internet at www.kenai.city. ___________________________ Linda Mitchell, Planning Director CITY OF KENAI PLANNING & ZONING COMMISSION Notice of Meeting City of Kenai Council Chambers 210 Fidalgo Avenue, Kenai, AK 99611 The following agenda item will be before the City of Kenai Planning and Zoning Commission at their meeting starting at 7:00 p.m. on Wednesday, May 24, 2023. PUBLIC HEARINGS 1.Resolution PZ2023-07 – Granting a Conditional Use Permit (CUP) to Allow for a Recreational Vehicle (RV) Park Expansion, Event Venue, and Public Market on Properties Located at approximately 810 Childs Avenue (Parcel IDs: 04901401, 04901402, and 04901403) in the Heavy Industrial (IH) Zoning District. 2.Resolution PZ2023-08 – Granting a Conditional Use Permit (CUP) to Allow for a Recreational Vehicle (RV) Park on Properties Located at 1108 and 1152 Bridge Access Road (Parcel IDs: 04901313 and 04901314) in the Heavy Industrial (IH) Zoning District. The public is invited to attend the meeting and to participate virtually/telephonically. For more information, please contact Planning and Zoning Department at planning@kenai.city, (907) 283-8237, or by visiting the City’s website at www.kenai.city. Linda Mitchell, Planning & Zoning Administration Publish: May 17, 2023 ~ K~NAI