Loading...
HomeMy WebLinkAbout2023-06-28 Planning & Zoning PacketKenai Planning & Zoning Commission – Regular Meeting Page 1 of 2 June 28, 2023 Kenai Planning & Zoning Commission - Regular Meeting June 28, 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. 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 Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of June 14, 2023 C. SCHEDULED PUBLIC COMMENT Public comment limited to ten (10) minutes per speaker) D. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. CONSIDERATION OF PLATS 1. Resolution PZ2023-11 – Recommending Approval for Preliminary Plat – Baron Wood Subdivision 2023 Replat to Consolidate Lots 1 and 2, of Baron Wood Subdivision into one (1) lot. F. PUBLIC HEARINGS 1. Action/Approval – Recommending the Kenai City Council Enact Ordinance No. 3363-2023 – Amending Kenai Municipal Code Sections 14.20.330 - Standards for Commercial Marijuana Establishments, and 14.22.010 - Land Use Table to establish a minimum standard for public notification for commercial marijuana establishments and prohibit limited marijuana cultivation facilities in residential zoning districts. G. UNFINISHED BUSINESS Page 1 Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 June 28, 2023 H. NEW BUSINESS 1. *Action/Approval - Requesting an Excused Absence for the June 28, 2023 Regular Meeting - Halstead. I. REPORTS 1. City Council 2. Kenai Peninsula Borough Planning 3. City Administration J. ADDITIONAL PUBLIC COMMENT (Public comment limited to five (5) minutes per speaker) K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: July 12, 2023 L. COMMISSION COMMENTS AND QUESTIONS M. PENDING ITEMS N. ADJOURNMENT O. INFORMATIONAL ITEMS The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting https://us02web.zoom.us/j/87457354594 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 874 5735 4594 Passcode: 924601 Meeting ID: 874 5735 4594 Passcode: 924601 Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING JUNE 14, 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 June 14, 2023 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on June 14, 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: Jeff Twait, Chair Joe Halstead, Vice Chair Gary Greenberg Jim Glendening John Coston Diane Fikes Gwen Woodard A quorum was present. Absent: None Also in attendance were: Linda Mitchell, Planning Director Meghan Thibodeau, Deputy City Clerk Henry Knackstedt, Council Member 3. Approval of Agenda and Consent Agenda Chair Twait noted the following additions to the Packet: Add to item I.3 City Administration Report • 2022 Conditional Use Permits Annual Report Review Add to item O.2 Informational Items • King of the River Food Drive Flyer MOTION: Vice Chair Halstead MOVED to approve the agenda and consent agenda with the requested revisions. Council Member Woodard SECONDED the motion. The items on the Consent Agenda were read into the record. Chair Twait opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. There being no objection; SO ORDERED. Page 3 Planning & Zoning Commission Meeting Page 2 of 4 June 14, 2023 *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of May 24, 2023 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS Will Jahrig provided an update on the progress of the Restaurant/Brewery development at 800 Childs Avenue. E. CONSIDERATION OF PLATS 1. Resolution PZ2023-10 – Recommending Approval for Preliminary Plat - Reutov Subdivision to Subdivide a Parcel into Four (4) Lots Located at 106 Lawton Drive (Parcel ID: 04902008) in the Suburban Residential (RS) Zoning District. MOTION: Vice Chair Halstead MOVED to approve Resolution PZ2023-10. Commissioner Coston SECONDED the motion. Planning Director Mitchell presented her staff report with information provided in the packet explaining that the applicant intends to subdivide the parcel into four lots. Zoning and uses of surrounding lots were reviewed; staff recommended approval to Kenai Peninsula Borough, subject to the following conditions: 1. Update the City of Kenai’s City Manager name under the Certificate of Acceptance section. 2. Place the following note on the plat: The 20-foot wide access portion of the flag lots (Lots 3 and 4) must be unobstructed and maintained for emergency access. Discussion ensued. VOTE: YEA: Fikes, Glendening, Woodard, Twait, Greenberg, Halstead, Coston NAY: None MOTION PASSED UNANIMOUSLY. F. PUBLIC HEARINGS 1. Resolution PZ2023-09 – Granting a Conditional Use Permit (CUP) to Allow for Lodging on the Property Located at 1534 Stellar Drive (Parcel ID: 04714032) in the Suburban Residential (RS) Zoning District. MOTION: Vice Chair Halstead MOVED to approve Resolution PZ2023-09. Commissioner Glendening SECONDED the motion. Planning Director Mitchell clarified the definition of lodging in Kenai Municipal Code, and presented her staff report with information provided in the packet explaining that the applicant had been running a lodging operation for a few years without knowing it required a conditional use permit (CUP). The criteria Page 4 Planning & Zoning Commission Meeting Page 3 of 4 June 14, 2023 for CUPs were reviewed; it was noted the application met the criteria and City staff recommends approval subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. 3. Quiet hours are from 10:00 p.m. to 6:00 a.m. Applicant Mary Kennedy noted that she had submitted a statement into the packet, and would be available for questions. Chair Twait opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Support was expressed; it was noted that the applicant had put in a good faith effort to comply with code. In response to questions from the commission, Mary Kennedy clarified that she is not collecting sales tax but has been paying it to the Kenai Peninsula Borough; apologized for not being aware of the CUP requirement and expressed appreciation for Director Mitchell for helping her through the process; noted that she doesn’t advertise but does list her property on AirBNB and VRBO; explained how a group with travel trailers had booked her property last summer, and she had made neighbors aware beforehand and provided them with her contact information in case of issues; noted that her property has been consistently booked in previous years; discussed how she mitigates potential guest issues with a security camera and communication with neighbors; and clarified she has had no homeowner’s insurance claims. VOTE: YEA: Glendening, Woodard, Greenberg, Fikes, Twait, Halstead, Coston NAY: None MOTION PASSED UNANIMOUSLY. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. *Action/Approval – Requesting an Excused Absence for the May 24, 2023 Regular Meeting - Coston. Approved by the consent agenda. 2. *Action/Approval – Time Extension for Compliance with Conditions in Resolution PZ2022- 14 for a Restaurant/Brewery on the Property Located at 800 Childs Avenue (Parcel ID: 04901138) in the Heavy Industrial (IH) Zoning District. Approved by the consent agenda. I. REPORTS 1. City Council – Council Member Knackstedt reported on the actions of the June 7, 2023 City Council meeting. 2. Kenai Peninsula Borough Planning – Commissioner Fikes reported on the actions of the June 12, 2023 Kenai Peninsula Borough Planning Commission Meeting. 3. City Administration – Planning Director Mitchell reported on the following: Page 5 Planning & Zoning Commission Meeting Page 4 of 4 June 14, 2023 • Storefront and Streetscape Improvement grant applications have been out since last week; two completed applications recieved. Explained program process. • FY2024 budget includes travel expenses for commissioners who want to the American Planning Association conference in Anchorage on September 20, 2023. • There will be a work session prior to the regular meeting on June 28th. • Reviewed the 2022 Conditional Use Permits Annual Report provided in laydown; asked commissioners to review and noted that it is within the purview of commission to revoke permits. J. ADDITIONAL PUBLIC COMMENT – None. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: June 28, 2023 Vice Chair Halstead noted he would be absent from the June 28th meeting. L. COMMISSION COMMENTS AND QUESTIONS M. PENDING ITEMS – None. N. ADJOURNMENT O. INFORMATIONAL ITEMS 1. Kenai Public Open House Flyer There being no further business before the Commission, the meeting was adjourned at 7:56 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of June 14, 2023. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 6 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-11 A RESOLUTION RECOMMENDING THAT BARON WOOD SUBDIVISION 2023 REPLAT ATTACHED HERETO BE APPROVED PROPERTY ADDRESSES: 1088 and 1120 Bridge Access Road LEGAL DESCRIPTION: Lots 1 and 2 Baron Wood Subdivision KPB PARCEL NOS.: 04901312 and 04901313 WHEREAS, the City of Kenai received the plat from Johnson Surveying on behalf of the property owner, Duke Hardcastle and, WHEREAS, the plat meets Kenai Municipal Code preliminary plat requirements of the Heavy Industrial (IH) zoning district; and, WHEREAS, street names are referenced correctly; and, WHEREAS, the consolidated lot will have access off of Childs Avenue, which is not a City maintained road; and WHEREAS, City water and sewer lines are available to serve the new lot along Bridge Access Road; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to Kenai Municipal Code 14.10.070 Subdivision design standards, the plat conforms to the minimum street widths, easements are sufficiently provided for utilities, the proposed lot consolidation would provide satisfactory and desirable building site, and the preliminary plat meets standards for water and wastewater. 2. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the proposed lot meets City standards for minimum lot sizes in the subject zoning district. 3. Pursuant to Kenai Municipal Code 14.24.020 General Requirements, the proposed lot meet City standards for minimum lot width and utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Page 7 Resolution No. PZ2023-11 Page 2 of 2 Section 1. That the preliminary plat of Baron Wood Subdivision 2023 Replat be approved subject to the following conditions. 1. Revised the scale to an engineer scale (e.g., nearest tenth of a foot). 2. Verify the 15-foot utility easement is corresponding to the correct recorded document. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28th day of June, 2023. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 8 ̂´ȳ ½\]Ñȳ Ųȳ n‰ȳ         / / / /  . /                           –ȳ DžƷŬƕ/ȳ 'ŹñſŋĻȳ ¯'Ǯǝȳ ^ȳ 5ȳ oȳ Ɩdžȳ ÒƗĄȳ ÆȎòF:ȳ ¨¾ ȳ ŠuB_gQȳ °ƘöÖǯČȳ Ōȳ 0Ńȳ Ǥȳ hXȳvȳ Èč÷0ōȳ w;ȳ Í|µȳ ¿ŭȳ`ȳÓ<ȳ ɳ=ȳ œŎǰȨȳ ƙIJȳ ©Ďƀƚ>ȳ ªď$×ŏȳ ÀĐøƛLJąŐ$ļȳ ¡ǞDZLj/ȳ «ƁØőȳ »đƂŒƃǟȏŮÙȳ ƜǗƳȐĽńȳ '%(/ # $ ) / ¢ȑŪĒȳ ¦ÚljĆùÛǠȆŶēȳ ab}pȳ šNJœľĔȳ —úûĕǡǢȳ ÁGȳ ĖƄÜŔ?ȳ ˜ȳ ‘ƒijȳ          /  * &*!/  - / §ƯŇƐǫưƑȳ ËȖǕȚħȱţƒłȳ ¼N¹Oȳ ›Ʊȧȳ r‡ȳ ŸŴíżȳ ¥ȗŸĂňAȳ ™ūȳ „Œȳ ȲY9ȳ …D€ˆsȳ /+",/ kR Î ǣȳ ŕǤȳÝȳƸÞėNjȳƹ ƝDzȳ ĩ )ȳ ßǥĘȳ ƅȳ àdzáȳ ĵƴ#ȳ ůâǴȳ ¬Â¸ȳ ‹xCc’lSȳ ¶ƞȳ ķ ȳ ,ȒnjțȩȳȞãǦȳ ƺĹž ć Ŗ%ȳ üƟƆȳŨƇýȇŤƶȳ ȟ!ǵȳ ƻęDŽŗƈĿȳ 1ʼn!+ȳ Ƽ ä1@ȳ (ȳ þ(źĚ*+ȳ ȠěǍĜȳ ĺȓƉĈȳ Ơǎȳ ǧĝȈT qH ·ơȳ ǜƊĪƔǶȳ Ǩ2șÿǷǚȳ ŻåȪȳõīȳ ƽŰæĀĉȳ ȡŘȉ" ȳ çȳ Ȋťŷ ȋȫȳè, Ž ƋǸȳ Ȣřăȳ ȣƢȔűĊȳ " 2ĞǏĶ*ȳ ȤŚǹȳ 3Ŋ            tI Ïś-ȳ ƣǺȳǻƤȳóğȳ - ǐȜċȳ ôȬȳŜ3ȭȳÔǼ Ǒȳ 6ȳÊĠȥ ǒJ yK £ġȝŲƾĢ#&ǽȳƥijȳǾŅŝ.ȳ Ʀ4ȳ Ş.ȳ ǭũā4ȳ ǿƧȳžşȀȮȳ ƨĴȳ­ģƌéŠȳ ÕƩƍšƎŀȳ ÃįȕųêȌŦƪ&ǬW ~L ±ƫȁȳ ȂƿƬŁǓǂņȯȳŢǩȳ ĸëȍUȳ ÐĬǙĤȳ )Ǜȳ%ƭȳ Ȧȃȳ ìïǪȳƮƏȳ Ȅĥȳ ǀǔƵǃĦǘȰM / &( '(! #(        / /  mV“{ȳ  ("$(  ( (% dZ7ȳ ȘŧȳĨðİıȳǖîƓĮȳ ǁŵƲȅȳ®ÄºȳzEe”fȳ •P†Ž8ȳ    Page 9 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: June 23, 2023 SUBJECT: Resolution No. PZ2023-11 – Preliminary Plat – Baron Wood Subdivision 2023 Replat Request The applicant is proposing a preliminary plat to consolidate two (2) lots into one (1) lot. Staff Recommendation Adopt Resolution No. PZ2023-11 recommending approval for a preliminary plat to consolidate Lots 1 and 2, of the Baron Wood Subdivision into one (1) lot. Applicant: Johnson Surveying Attn: Gerard Johnson P.O. Box 27 Clam Gulch, AK 99568 Property Owner: Duke Hardcastle Legal Description: Lots 1 and 2, of the Baron Wood Subdivision, according to Plat No. 84-191 Property Addresses: 1088 and 1120 Bridge Access Road KPB Parcel Nos.: 04901312 (Lot 1) and 04901313 (Lot 2) Lot Sizes (acreage): 0.948 (Lot 1) and 1.0 (Lot 2) Zoning: Heavy Industrial (IH) Current Use: Vacant Land Use Plan: Industrial Associated Permit(s): PZ2023-08 (RV Park) Kl;NAI Page 10 Resolution No. PZ2023-11 Preliminary Plat Baron Wood Subdivision 2023 Replat Page 2 of 2 SUMMARY The proposed preliminary plat will consolidate Lots 1 and 2, of the Baron Wood Subdivision into one (1) lot with an approximate lot size of 1.949 acres. The subject lots are located in the southeast corner of Bridge Access Road and Childs Avenue. Both lots are currently vacant but a Conditional Use Permit (PZ2023-08) was granted to operate recreational vehicle park on the premises. The proposed consolidated lot will be 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. Kenai Municipal Code (KMC) Chapter 14.10 Subdivision Regulations states preliminary plats or replats must first be submitted to the City for review and recommendation the Kenai Peninsula Borough Planning Commission. ANALYSIS The parent plat, Baron Wood Subdivision was approved by the Kenai Peninsula Borough Planning Commission on March 12, 1984. For the proposed lot consolidation of parcels subdivided under an approved plat, the design and layout requirements were met under the parent plat. The new consolidated lot will have access off of Childs Avenue, which is not a City maintained road. City water and sewer lines are available to serve the new lot along Bridge Access Road. The proposed preliminary plat meets the general standards of KMC Chapter 14.10 Subdivision Regulations and Chapter 14.24 Development Requirements Table. STAFF RECOMMENDATION Staff finds that the proposed preliminary plat for Baron Wood Subdivision 2023 Replat meets the general standards of Kenai Municipal Code Chapter 14.10 Subdivision Regulations and Chapter 14.24 Development Requirements Table, and hereby recommends that the Planning and Zoning Commission recommends approval of Resolution No. PZ2023-11 to Kenai Peninsula Borough, subject to the following conditions. 1. Revised the scale to an engineer scale (e.g., nearest tenth of a foot). 2. Verify the 15-foot utility easement is corresponding to the correct recorded document. ATTACHMENTS Aerial Map Application Preliminary Plat, Baron Wood Subdivision 2023 Replat Baron Wood Subdivision Plat Page 11 N Preliminary Plat Resolution PZ2023-11 Lot Consolidation 1088/1120 Bridge Access Road KPB Parcel IDs: 04901312 and 04901313 Map for Reference Only NOT A LEGAL DOCUMENT 1 1008 and 1120 Bridge ..__.. Access Road __ ! Parcels -Heavy Industrial ' 0 .------.-------, """'T"""""""""I �1 A 100 200 400 Feet Date Printed: 5/19/2023 I I I I I I Page 12 RECEIVED <, I 11.fz,'?:> CITYO := KEN A I . City :if Kenai / Preliminar f Plat DP I nrnng and . oning Department TE 210 Fid Igo Avenue Submittal 1~~J.,h,NNING D EPARTME ~~; ~K 99611 ?83-8200 ~ planning@kenai.city www. kenai.city/planning ~ill •••1.,•■1"(1"§:11•,H~iiia&I)• --t] Name: Gerard Johnson Mailing Address: P.O.Box-27 City: I Clam Gulch State: I AK I Zip Code: 199568 Phone Number(s): (907) 262-5772 Email: johnsonsurveying@hotmail.com [;l -~c•wm :::1 :::~ Name: Duke Hardcastle Mailing Address: 1152 Bridge Access City: I Kenai State: I AK IZip Code: 199611 Phone Number(s): (907) 252-2534 Email: dukehardcastle@hotmail.com ~:iLi:..·~·t't'lll!JlJ Kenai Peninsula Borough Parcel #: 04901312 & 04901313 Current City Zoning: Use: 0 Residential □ Recreational ~ Commercial □ Other: Water: □ On Site !!l City □ Community Sewer: □ On Site !!l City □ Community r-' ~""'.t,;,ii'L'',_ I (IJ .'I Preliminary Plat Name: Baron Wood Subdivision 2023 Replat Revised Preliminary Plat Name : Vacation of Public Right-of-Way: □Yes ~No Street Name (if vacating ROW): Exceptions Required and Requested: Comments: ~•11 LTI!1 ~t .,, L!L u: l3J~ ~ Certificate to Plat ~ (1) 24" x 36" Plat ~ (2) 11" x 17" Plats " •~rnITTT=' Signatu re: f.\,, ___ I) -:f' ~A A / --..,/l!'VJUFl-fr .,_-\ ~r ......-I Date: I 6/11/23 Print Name: Gerard L Johnson I Title/Bu si ness: Johnson Surveying Page 13 Stewart Pit[e of tlie 'l(enai <.Peninsu[a, Inc. 35681 Kenai Spur Hwy., Unit B Johnson Surveying PO Box 27 Clam Gulch, AK 99568 Attention: Jerry Johnson Gentlemen: Soldotna, AK 99669 Tel: (907) 260-8031 Fax: (907) 260-8036 CERTIFICATE TO PLAT This is a certificate as of June 02, 2023 at 8:00 A.M. for a plat out of the following property: File Number: 23147 Premium: $250.00 Tax: Lots One (1) and Two (2), BARON WOOD SUBDIVISION, according to Plat No. 84-191, Kenai Recording District, Third Judicial District, State of Alaska. Proposed Plat to be called "Baron Wood Subdivision 2023 Replat" The Company certifies that record title is vested in Duke Hardcastle, an unmarried person an estate in fee simple, free from all liens, encumbrances, and objections except for as follows: 1. RESERVATIONS and exceptions as contained in U.S. Patent, and/or acts authorizing the issuance thereof. 2. TAXES AND ASSESSMENTS, if any due the taxing authority indicated Taxing Authority: City of Kenai 3. TAXES AND ASSESSMENTS, if any, due the taxing authority indicated: Taxing Authority: KENAI PENINSULA BOROUGH 4. RESERVATION OF EASEMENT for highway purposes, and any assignments or uses thereof for recreational, utility or other purposes, as disclosed by Public Land Order No. 601, dated August 10, 1949 and amended by Public Land Order No. 757, dated October 10, 1959; Public Land Order No. 1613, dated April 7, 1958; and Department of the Interior Order No. 2665, dated October 16, 1951, Amendment No. 1 thereto, dated July 17, 1952 and Amendment No. 2 thereto, dated September 15, 1956, filed in the Federal Register. 5. EASEMENT affecting the portion of said premises and for the purposes stated herein, and incidental purposes thereto: For: In Favor Of: Recorded: Volume/Page: Affects: Right of Way Union Oil Company of California August 27, 1965 19/128 Portion of said land 6. EASEMENT affecting the portion of said premises and for the purposes stated herein, and incidental purposes thereto: For: Recorded: Volume/Page: Affects: Certificate to Plat KB1 public right of way January 14, 1966 22/279 Portion of said land File No.: 23147 Page 14 ̂´ȳ ½\]Ñȳ Ųȳ n‰ȳ         / / / /  . /                           –ȳ DžƷŬƕ/ȳ 'ŹñſŋĻȳ ¯'Ǯǝȳ ^ȳ 5ȳ oȳ Ɩdžȳ ÒƗĄȳ ÆȎòF:ȳ ¨¾ ȳ ŠuB_gQȳ °ƘöÖǯČȳ Ōȳ 0Ńȳ Ǥȳ hXȳvȳ Èč÷0ōȳ w;ȳ Í|µȳ ¿ŭȳ`ȳÓ<ȳ ɳ=ȳ œŎǰȨȳ ƙIJȳ ©Ďƀƚ>ȳ ªď$×ŏȳ ÀĐøƛLJąŐ$ļȳ ¡ǞDZLj/ȳ «ƁØőȳ »đƂŒƃǟȏŮÙȳ ƜǗƳȐĽńȳ '%(/ # $ ) / ¢ȑŪĒȳ ¦ÚljĆùÛǠȆŶēȳ ab}pȳ šNJœľĔȳ —úûĕǡǢȳ ÁGȳ ĖƄÜŔ?ȳ ˜ȳ ‘ƒijȳ          /  * &*!/  - / §ƯŇƐǫưƑȳ ËȖǕȚħȱţƒłȳ ¼N¹Oȳ ›Ʊȧȳ r‡ȳ ŸŴíżȳ ¥ȗŸĂňAȳ ™ūȳ „Œȳ ȲY9ȳ …D€ˆsȳ /+",/ kR Î ǣȳ ŕǤȳÝȳƸÞėNjȳƹ ƝDzȳ ĩ )ȳ ßǥĘȳ ƅȳ àdzáȳ ĵƴ#ȳ ůâǴȳ ¬Â¸ȳ ‹xCc’lSȳ ¶ƞȳ ķ ȳ ,ȒnjțȩȳȞãǦȳ ƺĹž ć Ŗ%ȳ üƟƆȳŨƇýȇŤƶȳ ȟ!ǵȳ ƻęDŽŗƈĿȳ 1ʼn!+ȳ Ƽ ä1@ȳ (ȳ þ(źĚ*+ȳ ȠěǍĜȳ ĺȓƉĈȳ Ơǎȳ ǧĝȈT qH ·ơȳ ǜƊĪƔǶȳ Ǩ2șÿǷǚȳ ŻåȪȳõīȳ ƽŰæĀĉȳ ȡŘȉ" ȳ çȳ Ȋťŷ ȋȫȳè, Ž ƋǸȳ Ȣřăȳ ȣƢȔűĊȳ " 2ĞǏĶ*ȳ ȤŚǹȳ 3Ŋ            tI Ïś-ȳ ƣǺȳǻƤȳóğȳ - ǐȜċȳ ôȬȳŜ3ȭȳÔǼ Ǒȳ 6ȳÊĠȥ ǒJ yK £ġȝŲƾĢ#&ǽȳƥijȳǾŅŝ.ȳ Ʀ4ȳ Ş.ȳ ǭũā4ȳ ǿƧȳžşȀȮȳ ƨĴȳ­ģƌéŠȳ ÕƩƍšƎŀȳ ÃįȕųêȌŦƪ&ǬW ~L ±ƫȁȳ ȂƿƬŁǓǂņȯȳŢǩȳ ĸëȍUȳ ÐĬǙĤȳ )Ǜȳ%ƭȳ Ȧȃȳ ìïǪȳƮƏȳ Ȅĥȳ ǀǔƵǃĦǘȰM / &( '(! #(        / /  mV“{ȳ  ("$(  ( (% dZ7ȳ ȘŧȳĨðİıȳǖîƓĮȳ ǁŵƲȅȳ®ÄºȳzEe”fȳ •P†Ž8ȳ    = I "" ' I ~ en I ' § I ::i::: u °' I t t I .. ! ! !al 1/ I :§ ~ ~ ~ ' ~ ~ ~ .fa ' ~ ~ ~~ ' ~ ' ~ I ' 1: J ,~Ill, ~, ef"_"' i~,/ ~~ , ~~/ ,,, Page 16 MEMORANDUM TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: June 23, 2023 SUBJECT: Action/Approval – Recommending the Kenai City Council Enact Ordinance No. 3363-2023 – Amending Kenai Municipal Code Sections 14.20.330 - Standards for Commercial Marijuana Establishments, and 14.22.010 - Land Use Table At their regular meeting held on June 21, 2023, City Council introduced Ordinance No. 3363- 2023. Ordinance No. 3363-2023 is an amendment to Kenai Municipal Code (KMC) Sections 14.20.330 - Standards for Commercial Marijuana Establishments, and 14.22.010 - Land Use Table, to establish a minimum standard for public notification for commercial marijuana establishments and prohibit limited marijuana cultivation facilities in residential zoning districts. Please find the attached memo from Council Members Alex Douthit and James Baisden on Ordinance No. 3363-2023, the Ordinance that would make these amendments, along with the Ordinance itself. Pursuant to KMC 14.20.280(b) and (c) notice of the public hearing was published in the Peninsula Clarion on June 21, 2023 and posted in three (3) public places. No public comments have been received. The commission may make a recommendation to enact the ordinance, enact it with modifications recommended by the commission, or to not enact the ordinance. The commission is not making a final decision, so the commission action is not subject to appeal. The city council decision may be appealed because it is a final decision. Attachment Memo from Council Members Alex Douthit and James Baisden Draft Ordinance Page 18 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Council Members Alex Douthit and James Baisden DATE: June 13, 2023 SUBJECT: Ordinance No. 3363-2023 Amending KMC Sections 14.20.330 and 14.22.010-Standards for Commercial Marijuana Establishments and Land Use Table The Ordinance addresses proposed changes to KMC Sections 14.20.330 and 14.22.010 that establishes a minimum standard for public notification for commercial marijuana establishments and prohibit limited marijuana cultivation facilities in residential zoning districts. Under the current ordinance, property owner notification for a proposed commercial marijuana establishments is mailed to all property owners within five hundred (500) foot periphery of the parcel affected by the proposed action. In addition, a limited marijuana cultivation facility is permitted with a Conditional Use Permit in the Rural Residential (RR), Rural Residential 1 (RR-1), Suburban Residential (RS), Suburban Residential 1 (RS-1), Suburban Residential 2 (RS-2), Urban Residential (RU), General Commercial (CG), Light Industrial (IL), Heavy Industrial (IH), and Limited Commercial (LC) zoning districts. Residents have expressed concerns with the proximity of commercial marijuana cultivation facilities near residential neighborhoods and not receiving notices of proposed commercial marijuana cultivation facilities nearby their residence. The prohibition of limited marijuana cultivation facilities in residential zoning districts will preserve and protect the intent of the residential zoning districts and ensure consistency with the Kenai Municipal Code Section 14.20.230 - Home Occupations, which prohibits commercial marijuana establishments as a home occupation. The establishment of a minimum of 30 different property owners to be notified of proposed commercial marijuana cultivation facility will increase the noticing area and address noticing concerns. Your consideration is appreciated. Page 19 Sponsored by: Council Members Douthit and Baisden New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3363-2023 AN ORDINANCE AMENDING KENAI MUNICIPAL CODE SECTIONS 14.20.330 - STANDARDS FOR COMMERCIAL MARIJUANA ESTABLISHMENTS, AND 14.22.010 - LAND USE TABLE, TO ESTABLISH A MINIMUM STANDARD FOR PUBLIC NOTIFICATION FOR COMMERCIAL MARIJUANA ESTABLISHMENTS AND PROHIBIT LIMITED MARIJUANA CULTIVATION FACILITIES IN RESIDENTIAL ZONING DISTRICTS. WHEREAS, property owner notification for proposed commercial marijuana establishments are mailed to all property owners within a five hundred (500) foot periphery of the parcel affected by the proposed action; and, WHEREAS, a limited marijuana cultivation facility is permitted with a Conditional Use Permit in the Rural Residential (RR), Rural Residential 1 (RR-1), Suburban Residential (RS), Suburban Residential 1 (RS- 1), Suburban Residential 2 (RS-2), Urban Residential (RU), General Commercial (CG), Light Industrial (IL), Heavy Industrial (IH), and Limited Commercial (LC) zoning districts; and, WHEREAS, residents have expressed concerns with the proximity of commercial marijuana cultivation facilities near residential neighborhoods and not receiving notices of proposed commercial marijuana cultivation facilities nearby their residence; and, WHEREAS, the prohibition of limited marijuana cultivation facilities in residential zoning districts will preserve and protect the intent of the residential zoning districts and ensure consistency with the Kenai Municipal Code Section 14.20.230 - Home Occupations, which prohibits commercial marijuana establishments as a home occupation; and, WHEREAS, establishing a minimum number of property owners to be notified of proposed commercial marijuana cultivation facility would increase the noticing area and address noticing concerns. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Subsection 14.20.330(c) of Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.330(c), Standards for commercial marijuana establishments, is hereby amended as follows: 14.20.330(c) Standards for commercial marijuana establishments. (c) A public hearing shall be scheduled before the Planning and Zoning Commission to review the conditional use permit application once it has been deemed complete. The public hearing shall be scheduled in accordance with the requirements in KMC 14.20.280, except that notification shall be mailed to all real property owners on record on the Borough Assessor’s records within a five hundred (500) foot periphery of the parcel affected by the proposed action. The notice area will be expanded until a minimum of thirty (30) different property owners are available for notification. Section 2. Amendment of Section 14.22.010 of Kenai Municipal Code: That Kenai Municipal Code, Section 14.22.010 is hereby amended as follows: Page 20 Ordinance No. 3363-2023 Page 2 of 9 New Text Underlined; [DELETED TEXT BRACKETED] 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS LAND USES AL I C RR RR - 1 RS RS - 1 RS - 2 RU CC CG IL IH ED R TS H LC CM U RESIDENTIAL One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/ C21 Two-, Three-Family Dwelling N C18 P P P P P P P21 S1 C C C22 P P P S1/ C21 Four-Family Dwelling N C18 P C3, 29 P N N P P21 S1 C C C22 N P C S1/ C21 Five-, Six-Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/ C21 Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/ C21 Mobile Home Parks6 N N C N C C C C C C C C N C N N C Planned Unit Residential Development7 N C18 C C29 C C C C C C C C N C C C C Townhouses4 N C18 C3 C3, 29 C3 C3 C3 C3 C C C C C22 C C C C Accessory Building on Parcel Without Main Building or Use (See KMC 14.20.200) N N C C C C C C N N N N N N C N N Page 21 Ordinance No. 3363-2023 Page 3 of 9 New Text Underlined; [DELETED TEXT BRACKETED] COMMERCIAL Airport Compatible Uses P N N N N N N N C C C C N N N C C Adult Businesses N N N N N N N N P31 P31 P31 P31 N N N N N Automotive Sales C N C N N N N C P P P P N N N N P Automotive Service Stations C N C N N N N C P P P P N C N N P Banks C N C N C N N C P P P C N C C C P Business/Consumer Services C N C C C N N C P P P C N C C C P Commercial Recreation N N C N C N N C P P C C N P C C P Guide Service C N C N C N N C P P P P N P P C P Hotels/Motels C N C N C N N C P P P C N C P C P Lodge C N C N C N N C P P P C N P P C P Marijuana Cultivation Facility, Limited30 N N [C] N [C] N [C] N [C] N [C] N [C] N N C C C N N N C N Marijuana Cultivation Facility, Standard30 N N N N N N N N N C C C N N N C N Marijuana Product Manufacturing Facility30 N N N N N N N N N C C C N N N N N Marijuana Testing Facility30 N N N N N N N N C C P P N N N C C Professional Offices C N C C C N N P P P P P N C P P P Restaurants C N C N C N N C P P P C N C C C P Retail Business C N26 C N C N N C P P P P S24 S24 C C P Retail Marijuana Store30 N N N N N N N N N C C C N N N C C Theaters N N C N C N N C P P C C N P C C P Page 22 Ordinance No. 3363-2023 Page 4 of 9 New Text Underlined; [DELETED TEXT BRACKETED] Wholesale Business C N C N C N N C C P P P N S24 C C N INDUSTRIAL Airports C P20 C N C N N C C C C C N C N N C Necessary Aviation Facilities P P C C C C C C P P P P C P C P P Automotive Repair P N C N C N N C P P P P N N N N P Gas Manufacturer/Storage C9 N N N C N N N N N C9 C9 N N N N N Manufacturing/Fabricatin g/Assembly P N C N C N N C C P P P N C C N C Mini-Storage Facility C N C N C N N C C P P P N N N C C Storage Yard C N C N C N N C C P P P N N N N C Warehouses C N C N C N N C N P P P N C N N N PUBLIC/INSTITUTIONA L Assisted Living N C C C C C C C C C C C C C C C C Churches* N C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P Clinics N C C N C C C C P P P C C C C P P Colleges* N C C C29 C C C C P P C C P C C C P Elementary Schools* N C C C29 C C C C P P C C P C C C P Governmental Buildings P C C C29 C C C C P P P C P C C P P High Schools* N C C C29 C C C C P P C C P C C C P Hospitals* N C C N C C C C P P P C C C C C P Libraries* N C C C29 C C C C12 P P P C P C P C P Museums C C C C29 C C C C P P P C P C P C P Page 23 Ordinance No. 3363-2023 Page 5 of 9 New Text Underlined; [DELETED TEXT BRACKETED] Parks and Recreation N P C C29 C C C C P P P P P P P C P MISCELLANEOUS Animal Boarding/Commercial Kennel13 C C C N C C N N C C C C N C N C C Assemblies15 (Large: Circuses, Fairs, etc.) P C C N C C C C P15 P15 P15 P15 P15 C P N P15 Bed and Breakfasts N C C C C C C C C C C C N P C C P Cabin Rentals N C C N C N N N P P P C N P P C P Cemeteries P C C N C N N N N C C C N C C N N Communications Towers and Antenna(s), Radio/TV Transmitters/Cell Sites** 28 C P C N C C C C P P P P P C C C C Crematories/Funeral Homes N N C N C N N C C C C C N C C C C Day Care Centers12 N C C C29 C C C C P P P C C C C P P Dormitories/Boarding Houses N C C N C C C P P21 S C P P23 C C C P Essential Services P P P P P P P P P P P P P P P P P Farming/General Agriculture*** N P P N N N N N N N N P N P N N N Fraternal Organizations/ Private Clubs/Social Halls and Union Halls N N C N C C C C P P P C N C P C P Greenhouses/Tree Nurseries13 N C C N C C C C P P P C N C C C P Gunsmithing, Taxidermy N N C C C C C C P P P P N C P P P Nursing, Convalescent or Rest Homes N N C N C C C C P P C C C C C C P Page 24 Ordinance No. 3363-2023 Page 6 of 9 New Text Underlined; [DELETED TEXT BRACKETED] Parking, Public Lots12 C C C N C C C C C C C C C C C C C Personal Services25 N C C N C C C C P P P P C C P P/ C27 P Recreational Vehicle Parks N C C N C N N C C C C C N C C N C Subsurface Extraction of Natural Resources16 C C C C C C C C C C C C N C N N N Surface Extraction of Natural Resources17 C C C N C N N C N C C C N C N N N * See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) ** See 42 Telecommunications Act of 1996, Sec. 704(a) *** See, however, the limitations imposed under KMC 3.10.070 Footnotes: 1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC Chapter 14.25 shall include any secondary uses in the landscaping and site plans. 2 One (1) single-family residence per parcel, which is part of the main building. 3 Allowed as a conditional use, subject to satisfying the following conditions: a The usable area per dwelling unit shall be the same as that required for dwelling units in the RS Zone; b The site square footage in area must be approved by the Commission; c Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR Zone; d Water and sewer facilities shall meet the requirements of all applicable health regulations; e The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; Page 25 Ordinance No. 3363-2023 Page 7 of 9 New Text Underlined; [DELETED TEXT BRACKETED] i The property adjacent to the proposed dwelling group will not be adversely affected. 4 See “Townhouses” section. 5 See “Mobile Homes” section. 6 Allowed as a conditional use, subject to “Mobile Homes” section; and provided, that any mobile home park meets the minimum Federal Housing Authority requirements. 7 See “Planned Unit Residential Development” section. 8 Allowed as a conditional use; provided, that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9 Allowed as a conditional use; provided, that all applicable safety and fire regulations are met. 10 Provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11 Allowed as a conditional use; provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line; and provided further, that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12 Allowed as a conditional use; provided, that the following conditions are met: a The proposed location of the use and the size and characteristics of the site will maximize its benefit to the public; b Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13 Allowed as a conditional use; provided, that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. Animal boarding and commercial kennels require a kennel license (see KMC Chapter 3.15). 14 Allowed as a conditional use; provided, that no indication of said use is evident from the exterior of the mortuary. 15 Allowed; provided, that the following conditions are met: a An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16 See “Conditional Uses” section. 17 See “Conditional Use Permit for Surface Extraction of Natural Resources” section. 18 Conditional use allowed only on privately held property. Not allowed on government lands. 19 Reserved. 20 The airport-related uses allowed under this entry are aircraft approach and departure zones pursuant to KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence Page 26 Ordinance No. 3363-2023 Page 8 of 9 New Text Underlined; [DELETED TEXT BRACKETED] or having access to aircraft movement areas, taxiways or parking aprons, FAA authorized uses are allowed. 21 Developments for use shall be the same as those listed in the Development Requirements Table for the RU/TSH Zones. 22 Allowed as a conditional use in conjunction with a permitted use in the ED Zone. For example, housing for teachers or students for a school in the zone. 23 Allowed as an accessory use in conjunction with a permitted use in the ED Zone. For example, a dormitory used to house students for a school or educational facility. 24 Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25 Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26 Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27 Personal services not set forth in the below matrix are conditional uses. Limited Commercial Zone Personal Services Permitted (P) Conditional Use (C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Fitness Centers X Massage Therapist X Photographic Studios X Self-Service Laundries X Tailors X Tanning Salons X Tattoo Parlors X Page 27 Ordinance No. 3363-2023 Page 9 of 9 New Text Underlined; [DELETED TEXT BRACKETED] 28 Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.150 and 14.20.255 are met. 29 Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a dedicated right-of-way and that driveway access is not more than two hundred seventy-five (275) feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as-built drawing/survey of the parcel. 30 See marijuana regulations, KMC 14.20.230—Home Occupations, 14.20.320—Definitions, 14.20.330—Standards for commercial marijuana establishments. 31 See KMC 14.20.175—Adult businesses; no adult business may be located within one thousand (1,000) feet of another adult business, or sensitive use. “Sensitive use” means a church or other place of worship, a public or private school (licensed pre-K through twelfth grade) or businesses where or areas where youth are likely to be present (limited to public parks, youth recreational centers, public playgrounds, public libraries). Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5TH DAY OF JULY, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: June 21, 2023 Enacted: July 5, 2023 Effective: August 4, 2023 Page 28 Kenai City Council - Regular Meeting Page 1 of 4 June 21, 2023 Kenai City Council - Regular Meeting June 21, 2023 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 4** Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. 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 WITHOUT OBJECTION. Ordinance No. 3357-2023 - Amending Kenai Municipal Code Section 23.55.045 to Establish an Annual Tool Allowance for Classified Employees Required to Furnish their Own Standard Working Tools. (Administration) 2. ENACTED WITHOUT OBJECTION. Ordinance No. 3358-2023 - Increasing Estimated Revenues and Appropriations in the General Fund to Provide Supplemental Funding for the Parks and Recreation Utilities Budget. (Administration) 3. ENACTED WITHOUT OBJECTION. Ordinance No. 3359-2023 - Increasing Estimated Revenues and Appropriations in the General Fund and Municipal Roadway Improvements Capital Fund to Provide Supplemental Funding to the 2023 North Willow Street Roadway Improvements, 2023 First Avenue Roadway Repairs, and 2023 Miscellaneous Roadway Repairs Projects. (Administration) [KMC 1.15.070(d)] 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Enactment (Requires Five Affirmative Votes) 4. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-44 - Approving a Twelve-Month Extension of Time for Good Cause for the Completion of Permanent Improvements for a Lease Between the City of Kenai and Soar International Ministries, Inc., for Airport Reserve Lands Described as Tract A-1 of General Aviation Apron Subdivision No. 7. (Administration) Page 29 Kenai City Council - Regular Meeting Page 2 of 4 June 21, 2023 5. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-45 - Authorizing Renewal of the City’s Property, Liability, Workers’ Compensation, Airport and Other Ancillary Policies with the Alaska Municipal League Joint Insurance Association for July 1, 2023 through June 30, 2024. (Administration) 6. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-46 - Authorizing a Contract Award to Supply Operational Chemicals for the City’s Water Treatment and Wastewater Treatment Facilities. (Administration) 7. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-47 - Authorizing a Contract Award for Street Light Repairs and Maintenance with Utility Locate Services. (Administration) F. MINUTES 1. *Regular Meeting of June 7, 2023. (City Clerk) G. UNFINISHED BUSINESS 1. ADOPTED WITHOUT OBJECTION AS AMENDED BY SUBSTITUTE. Resolution No. 2023- 40 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 N. Willow Street Roadway Improvements Project. (Administration) [Postponed at the 06/07/23 meeting to the 06/21/23 meeting] • Substitute Resolution No. 2023-40 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 North Willow Street Roadway Improvements Project. (Administration) 2. ADOPTED WITHOUT OBJECTION AS AMENDED BY SUBSTITUTE. Resolution No. 2023- 41 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 First Avenue Roadway Repairs Project. (Administration) [Postponed at the 06/07/23 meeting to the 06/21/23 meeting] • Substitute Resolution No. 2023-41 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 First Avenue Roadway Repairs Project. (Administration) 3. ADOPTED WITHOUT OBJECTION AS AMENDED BY SUBSTITUTE. 2023-42 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 Miscellaneous Roadway Repairs Project. (Administration) [Postponed at the 06/07/23 meeting to the 06/21/23 meeting] • Substitute Resolution No. 2023-42 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 Miscellaneous Roadway Repairs Project. (Administration) H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - FY2023 Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. *Action/Approval - FY2024 Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 4. *Action/Approval - Third Amendment to the Agreement for Janitorial Services with Reborn Again Janitorial Services. (Administration) Page 30 Kenai City Council - Regular Meeting Page 3 of 4 June 21, 2023 5. *Action/Approval - Assignment and Assumption of Lease Agreement of Lot 1A FBO Subdivision, South Addition and Lot 2A1 FBO Subdivision, South Addition No. 2 to Schilling Rentals, LLC. (Administration) 6. *Action/Approval - Non-Objection to the Renewal of a Recreational Site Liquor License for Peninsula Oilers Baseball Club Inc., DBA Peninsula Oilers – License No. 846 (City Clerk) 7. *Action/Approval - Non-Objection to the Renewal of a Beverage Dispensary Liquor License for George Pitsilionis, DBA Pizza Paradisos – License No. 3032 (City Clerk) 8. *Action/Approval - Non-Objection to the Renewal of a Package Store Liquor License for Carr- Gottstein Food Co., DBA Oaken Keg #1808 – License No. 3218 (City Clerk) 9. *Ordinance No. 3360-2023 - Accepting and Appropriating a Grant Received through Maddie’s Fund to the Kenai Animal Shelter for the Care of Animals. (Administration) 10. *Ordinance No. 3361-2023 - Accepting and Appropriating Fiscal Year 2023 Funds from the 2022 Community Assistance Program, Passed through the State of Alaska, Department of Commerce, Community, and Economic Development for National Floodplain Insurance Program Training. (Administration) 11. *Ordinance No. 3362-2023 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and Airport Improvements Capital Project Funds to Provide Supplemental Funding for the Kenai Municipal Airport’s Sand Storage Facility Project and Authorizing a Contract Amendment for Professional Services. (Administration) 12. *Ordinance No. 3363-2023 - Amending Kenai Municipal Code Sections 14.20.330 - Standards for Commercial Marijuana Establishments, and 14.22.010 - Land Use Table, to Establish a Minimum Standard for Public Notification for Commercial Marijuana Establishments and Prohibit Limited Marijuana Cultivation Facilities in Residential Zoning Districts. (Douthit and Baisden) 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 Page 31 Kenai City Council - Regular Meeting Page 4 of 4 June 21, 2023 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/81792332527 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 817 9233 2527 Passcode: 110734 Meeting ID: 817 9233 2527 Passcode: 110734 Page 32 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, June 26, 2023 Zoom Meeting ID: 907 714 2200 The hearing procedure for the Planning Commission public hearings are as follows: 1) Staff will present a report on the item. 2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative – 10 minutes 3) Public testimony on the issue. – 5 minutes per person 4) After testimony is completed, the Planning Commission may follow with questions. A person may only testify once on an issue unless questioned by the Planning Commission. 5) Staff may respond to any testimony given and the Commission may ask staff questions. 6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence. 7) The Chair closes the hearing and no further public comment will be heard. 8) The Chair entertains a motion and the Commission deliberates and makes a decision. Page 1 Printed on 6/21/2023Page 33 June 26, 2023Planning Commission Meeting Agenda All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or her name and mailing address on the sign-in sheet located by the microphone provided for public comment. They must begin by stating their name and address for the record at the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities. Decorum must be maintained at all times and all testifiers shall be treated with respect. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and non-controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. 1. Time Extension Request 2. Planning Commission Resolutions 3. Plats Granted Administrative Approval a. Bosn Landing Subdivision No. 3: KPB File 2021-101 b. Brown’s Acre Estates Addition No. 1: KPB File 2022-170 c. Clam Gulch Heights 2022 Addition; KPB File 2022-136 d. Lloyd Race Lot 4 Replat; KPB File 2022-157 e. Smith-Staton Subdivision; KPB File 2022-178 f. Spruce Knoll; KPB File 2022-005 g. The Place Subdivision; KPB File 2022-179 h. Voznesenka Lot 11 Replat; KPB File 2021-166 KPB-5312 C3. Plat Administrative ApprovalAttachments: 4. Plats Granted Final Approval (KPB 20.10.040) a. Janousek Subdivision 2023 Replat; KPB File 2023-033 b. Panoramic Park Subdivision Yancey Replat; KPB File 2023-017 KPB-5313 C4. Plat Final ApprovalAttachments: 5. Plat Amendment Request Page 2 Printed on 6/21/2023Page 34 June 26, 2023Planning Commission Meeting Agenda 6. Commissioner Excused Absences 7. Minutes June 12, 2023 Planning Commission Meeting MinutesKPB-5314 C7. 061223 PC MinutesAttachments: D. OLD BUSINESS E. NEW BUSINESS Building Setback Encroachment Permit; KPB File 2023-058 Mullikin Surveys / Baumgardner Request: Permits a shop, building & house to remain in the building setback on Lot 32, Granross Grove Sub Unit 1, Plat HM 0780005 Anchor Point Area / Anchor Point APC KPB-53151 E1. BSEP_Granross Grove Sub Unit 1_PacketAttachments: Right-of-Way Vacation; KPB File 2023-061V No Surveyor / Caribou Hills Cabin Hoppers Request: Vacates approximately a 30’ by 1000’ portion of Steik Avenue dedicated by Ninilchik ROW Map, Plat HM 84-155 Ninilchik Area KPB-53162 E2. ROWV_Ninilcik ROW Map_PacketAttachments: Condition Use Permit; PC Resolution 2023-13 Request: Permits a fence within the 50-foot Habitat Protection District of the Kenai River Location: 33537 Keystone Drive; Parcel ID 135-260-02 Petitioner/Landowner: Helbock Soldotna Area KPB-53173 E3. CUP_Helbock_PacketAttachments: F. PLAT COMMITTEE REPORT G. OTHER H. PUBLIC COMMENT/PRESENTATION (Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per speaker unless previous arrangements are made) Page 3 Printed on 6/21/2023Page 35 June 26, 2023Planning Commission Meeting Agenda I. DIRECTOR'S COMMENTS J. COMMISSIONER COMMENTS K. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED PUBLIC REVIEW DRAFT: UNIT 395 LAND PLAN (Cooper Landing) KPB-5318 Misc. InfoAttachments: NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, [INSERT DATE] in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 Phone: toll free within the Borough 1-800-478-4441, extension 2215 Fax: 907-714-2378 e-mail address: planning@kpb.us website: http://www.kpb.us/planning-dept/planning-home A party of record may file an appeal of a decision of the Planning Commission in accordance with the requirements of the Kenai Peninsula Borough Code of Ordinances. An appeal must be filed with the Borough Clerk within 15 days of the notice of decision, using the proper forms, and be accompanied by the filing and records preparation fees. Vacations of right-of-ways, public areas, or public easements outside city limits cannot be made without the consent of the borough assembly. Vacations within city limits cannot be made without the consent of the city council. The assembly or city council shall have 30 calendar days from the date of approval in which to veto the planning commission decision. If no veto is received within the specified period, it shall be considered that consent was given. A denial of a vacation is a final act for which the Kenai Peninsula Borough shall give no further consideration. Upon denial, no reapplication or petition concerning the same vacation may be filed within one calendar year of the date of the final denial action except in the case where new evidence or circumstances exist that were not available or present when the original petition was filed. Page 4 Printed on 6/21/2023Page 36 Plat Committee Kenai Peninsula Borough Meeting Agenda 144 North Binkley Street Soldotna, AK 99669 Betty J. Glick Assembly Chambers6:00 PMMonday, June 26, 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 6/16/2023Page 37 June 26, 2023Plat Committee Meeting Agenda 1. Agenda 2. Member / Alternate Excused Absences 3. Minutes June 12, 2023 Plat Committee Meeting MinutesKPB-5308 C3. 061223 Plat MinutesAttachments: D. OLD BUSINESS E. NEW BUSINESS Right-of-Way Acquisition Park Road; KPB File 2023-033 McLane Consulting Group / Oliva Location: Park Road Nikiski Area / Nikiski APC KPB-53091. E1. ROW Acquisition Park RoadAttachments: Fox Sparrow Subdivision; KPB File 2023-060 Seabright Surveying / Mary Ann Cooper Living Trust Location: Cowgirl Avenue, Woape Street & North Glacier View Road Homer Area / Kachemak Bay APC KPB-53102. E2. Fox Sparrow Sub_PacketAttachments: Seal Rock Roost 2023; KPB File 2023-059 Ability Surveys / Koth Location: East End Road City of Homer KPB-53113. E3. Seal Rock Roost 2023Attachments: 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 Page 2 Printed on 6/16/2023Page 38 June 26, 2023Plat Committee Meeting Agenda The next regularly scheduled Plat Committee meeting will be held Monday, July 17, 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 6/16/2023Page 39 PLANNING & ZONING COMMISSION Resolution PZ2023-11 –Preliminary Plat –Baron Wood Subdivision 2023 Replat 1088 and 1120 Bridge Access Road June 28, 2023 Preliminary Plat –Lot Consolidation Summary Current Use Coffee Kiosk; Future RV Park 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 Staff Recommendation The proposed preliminary plat meets the general standards of KMC Chapter 14.10 Subdivision Regulations and Chapter 14.24 Development Requirements Table. Adopt the Resolution PZ2023-11 recommending approval of the preliminary plat “Baron Wood Subdivision 2023 Replat” for a lot consolidation to Kenai Peninsula Borough, subject to the listed conditions of approval. PLANNING & ZONING COMMISSION Resolution PZ2023-11 –Preliminary Plat –Baron Wood Subdivision 2023 Replat 1088 and 1120 Bridge Access Road June 28, 2023 2022 CUP Annual Report Update Page 1 of 2 MEMORANDUM TO: Planning & Zoning Commission THROUGH: Linda Mitchell, Planning Director FROM: Alyssa Looney, Administrative Assistant DATE: June 28, 2023 SUBJECT: 2022 Conditional Use Permit (CUP) Annual Report Update At the Planning & Zoning Commission meeting held on June 14, 2023, staff provided an overview and a list of the 2022 CUP annual reports received, a total of 68. Staff has consolidated and filtered through several list of CUPs as well as resolutions since 2019 to compile a master database of CUPs that are active, terminated, and withdrawn. 2022 CUP Annual Reports Not Received Below is a list of 2022 CUP annual reports that the City has not received to date. Applicants for the following CUPs will be provided written notification of reporting requirements. # Resolution(s) Applicant Use Property Address(es) 1 PZ2021-01 Byler Contracting Eight (8) Additional Single-Family Dwelling Units 1614 Second Avenue 2 PZ2021-19 Byler Contracting Eight (8) Single- Family Dwelling Units 1714 Fourth Avenue 3 PZ2021-12 Lupine M. Orlob Day Care Center 530 Ash Avenue 4 PZ2021-15 Bryan Lowe Cabin Rentals 1050 Angler Drive 6 PZ2022-21 Kenai Fellowship, a Church of Christ Elementary Through High School 8333 Kenai Spur Hwy 7 PZ2012-22 PZ2015-14 Aspen Creek Kenai, LLC Assisted Living Facility 701 N. Forest Drive 8 PZ2022-01 Bill Elmore Cabin Rentals 104 N. Tinker Lane 9 PZ2022-40 Edward & Kathleen Martin Bed & Breakfast 702 Lawton Drive 436 Rogers Road 2022 CUP Annual Report Update Page 2 of 2 # Resolution(s) Applicant Use Property Address(es) 10 PZ2021-21 Edward & Kathleen Martin Dormitory 702 Lawton Drive 436 Rogers Road 11 PZ2021-24 Tracy Hedlund-Smith Firewood Bundling Business (Storage Yard) 2825 Bowpicker Lane 12 PZ1988-27 Gary Foster Cabin Rentals 1005 Angler Drive 13 PZ1988-17 PZ1998-45 Steve and Rick Voth Lodging & Guide Service 1035 Angler Drive 14 PZ1988-17 PZ1998-45 Steve and Rick Voth Lodging & Guide Service 1045 Angler Drive 15 PZ1985-42 Beaver Loop Sand & Gravel, LLC Surface Extraction of Natural Resources 2369 Beaver Loop Road PUBLIC NOTICE Notice of Meeting 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, June 28, 2023. PUBLIC HEARINGS 1. Action/Approval – Recommending the Kenai City Council Enact Ordinance No. 3363-2023 – Amending Kenai Municipal Code Sections 14.20.330 - Standards for Commercial Marijuana Establishments, and 14.22.010 - Land Use Table, to Establish a Minimum Standard for Public Notification for Commercial Marijuana Establishments and Prohibit Limited Marijuana Cultivation Facilities in Residential Zoning Districts. 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, 907-283-8235, or by visiting the City’s website at www.kenai.city. Linda Mitchell, Planning & Zoning Administration Publish: June 21, 2023 CERTIFICATE OF PUBLICATION & POSTING I, Linda Mitchell, Planning Director of the City of Kenai, do hereby certify that on the 19th day of June 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 June 21, 2023 edition of their newspaper. On the 23rd day of June 2023, the full meeting agenda was also posted at Kenai City Hall and on the internet at www.kenai.city. ___________________________ Linda Mitchell, Planning Director