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Home My WebLink About2023-08-23 Planning & Zoning PacketKenai Planning & Zoning Commission – Regular Meeting Page 1 of 2 August 23, 2023 Kenai Planning & Zoning Commission - Regular Meeting August 23, 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 July 26, 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 PZ2023-16 – Recommending Approval for Preliminary Plat – Strawberry Hill Estates 2023 Addition for a Subdivision of a Parcel Located at 801 Devray Street (KPB Parcel No. 04951027) into 13 Lots and Deny the Requested Exceptions to the Subdivision Design Standards in the Rural Residential (RR) Zoning District. F. PUBLIC HEARINGS G. UNFINISHED BUSINESS H. NEW BUSINESS 1. Discussion/Action - Alcohol and Marijuana Control Office (AMCO) Adopted Marijuana Regulation Changes Page 1 Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 August 23, 2023 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: September 13, 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/83232519219 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 832 3251 9219 Passcode: 907554 Meeting ID: 832 3251 9219 Passcode: 907554 Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING JULY 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 July 26, 2023 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on July 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: 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: James Baisden, City Council Liaison Linda Mitchell, Planning Director Meghan Thibodeau, Deputy City Clerk 3. Approval of Agenda and Consent Agenda MOTION: Vice Chair Halstead MOVED to approve the agenda and 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 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. *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 July 26, 2023 Page 3 Planning & Zoning Commission Meeting Page 2 of 4 July 26, 2023 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS 1. Resolution PZ2023-13 – Recommending Approval for Preliminary Plat – City Park 2023 Replat for a Parcel Merger of Tract A, City Park Subdivision No. 2 and Tract A, Park View Subdivision and the Right-of-Way Vacations of Char Circle as Dedicated on Park View Subdivision (Plat No. KN 79-156) and City Park Subdivision No. 2 (Plat No. KN 2007-149) and a Portion of S. Spruce Street as Dedication on Park View Subdivision (Plat No. KN 79- 156) in the Suburban Residential (RS) and Urban Residential (RU) Zoning Districts. MOTION: Commissioner Greenberg MOVED to approve Resolution PZ2023-13. Vice Chair Halstead SECONDED the motion. Planning Director Mitchell presented her staff report with information provided in the packet. Zoning and uses of surrounding lots were reviewed; staff recommended approval subject to the following condition: 1. Kenai City Council must consent to the right-of-way (ROW) vacations of Char Circle and a portion of S. Spruce Street are not needed for a public purpose and approve the ROW vacations as shown on the proposed preliminary plat. Chair Twait opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. MOTION TO AMEND: Commissioner Greenberg MOVED to amend the recommendation so that S. Spruce Street not be vacated. Commissioner Fikes SECONDED the motion. VOTE ON AMENDMENT: YEA: Fikes, Woodard, Glendening, Greenberg, Halstead, Twait, Coston NAY: None MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YEA: Coston, Greenberg, Halstead, Fikes, Woodard, Glendening, Twait NAY: None MOTION PASSED UNANIMOUSLY. 2. Resolution PZ2023-14 – Recommending Approval for Preliminary Plat – Shoreline Heights 2023 Addition to Subdivide Tracts A, B, and C of Shoreline Heights 2014 Addition Phase 1 Subdivision into 17 Lots Located at 1540, 1541, and 1610 Pey Drive (Parcel IDs: 03914131, -32, and -33) in the Rural Residential (RR) Zoning District. MOTION: Commissioner Greenberg MOVED to approve Resolution PZ2023-14. Vice Chair Halstead. SECONDED the motion. Planning Director Mitchell presented her staff report with information provided in the packet. Zoning and uses of surrounding lots were reviewed; staff recommended approval. Page 4 Planning & Zoning Commission Meeting Page 3 of 4 July 26, 2023 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. Applicant Bryan Lowe responded to questions asked by the Commission. VOTE: YEA: Greenberg, Glendening, Halstead, Twait, Woodard, Coston, Fikes NAY: None MOTION PASSED UNANIMOUSLY. F. PUBLIC HEARINGS 1. Resolution PZ2023-16 – Granting an Encroachment Permit for a Single-Family Residence to Encroach into the Required (North) Side Yard Setback on the Property Located at 1436 Pey Drive (Parcel ID: 03914146) in the Rural Residential (RR) Zoning District. MOTION: Commissioner Greenberg MOVED to approve Resolution PZ2023-16. Commissioner Coston SECONDED the motion. Planning Director Mitchell presented her staff report with information provided in the packet explaining that the applicant is requesting an encroachment permit to allow the home to encroach approximately 16.8 inches into the required side yard setback along the north parcel line. Existing uses, land use designation, surrounding uses, and criteria for encroachment permits were reviewed; it was noted the application met the criteria and City staff recommends approval. Chair Twait opened for public hearing. There being no one wishing to be heard, the public hearing was closed. It was noted that this is a common occurrence in town. Clarification was provided that an encroachment up to 12 inches can be approved administratively, but because it exceeds that by 4.8 inches it needed to be brought to the commission for approval. In response to questions from the Commission, applicant Bryson Lowe clarified that the driveway on Lot 22 was put in for that lot but has since been moved; this is his fourth development since 2016; and that the as-built has not been updated to reflect the driveway adjustment. Director Mitchell clarified that driveway changes will not be an issue for him to obtain building permits. VOTE: YEA: Halstead, Glendening, Greenberg, Coston, Fikes, Woodard, Twait NAY: None MOTION PASSED UNANIMOUSLY. Chair Twait noted the 15-day appeal period. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. *Action/Approval - Requesting an Excused Absence for the July 12, 2023 Regular Meeting – Glendening. Approved by the consent agenda. Page 5 Planning & Zoning Commission Meeting Page 4 of 4 July 26, 2023 2. *Action/Approval - Transfer of Conditional Use Permit PZ2021-15 for Cabin Rentals on a property described as Lot 3, James H. Cowan Estates, located at 1050 Angler Drive within the Rural Residential (RR) zoning district. Approved by the consent agenda. I. REPORTS 1. City Council – Vice Mayor Baisden reported that there had been no City Council meeting since the previous Planning & Zoning Commission meeting. 2. Kenai Peninsula Borough Planning – Commissioner Fikes reported on the actions of the July 17, 2023 Kenai Peninsula Borough Planning Commission Meeting. 3. City Administration – Planning Director Mitchell reported on the following:  Will be reviewing applicants for open Planning & Zoning administrative assistant positions.  The first meeting in August is cancelled.  Went on code enforcement site visits with a police officer, will provide the commission with updates on some of these sites at future meetings. J. ADDITIONAL PUBLIC COMMENT – None. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: August 23, 2023 L. COMMISSION COMMENTS AND QUESTIONS Commissioner Fikes noted she will be absent at the August 23, 2023 meeting. Chair Twait noted the plat discussion provided good ideas for Council to consider. M. PENDING ITEMS – None. N. ADJOURNMENT O. INFORMATIONAL ITEMS – None. There being no further business before the Commission, the meeting was adjourned at 8:03 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of July 26, 2023. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 6 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-16 A RESOLUTION RECOMMENDING THAT STRAWBERRY HILL ESTATES 2023 ADDITION PRELIMINARY PLAT ATTACHED HERETO BE APPROVED. PROPERTY ADDRESS: 801 Devray Street LEGAL DESCRIPTION: That certain parcel of land located in the South ½ of the Southeast ¼ lying East of the Kenai Spur Highway, in Section 6, Township 5 North, Range 10 West, Seward Meridian, Excepting Therefrom: Plat Nos. 73-6, 83-284, 75- 24, 78-87, 72-63, 89-9, 84-111, and Corrected Warranty Deed (Book 79 at Page 314) in the records of the Kenai Recording District, Third Judicial District, State of Alaska. Further excepting therefrom, any portion within the rights-of- way of any and all public or private roads and highways. KPB PARCEL NUMBER: 04951027 WHEREAS, the City of Kenai received the plat from McLane Consulting, Inc. on behalf of the property owners, David Bunts and Tracey Bunts for the subdivision of the subject parcel into 13 lots with two (2) requested exceptions to the adjoining street systems and block length standards; and, WHEREAS, the plat generally meets Kenai Municipal Code (KMC) preliminary plat requirements and development requirements for the Rural Residential (RR) zoning district; and WHEREAS, the street names are referenced correctly; and, WHEREAS, the subdivided lots will have access via Wortham Avenue and Devray Street, which are not City-maintained roads; and WHEREAS, City water and sewer systems are not available to the proposed subdivision; and, WHEREAS, an installation agreement is not required; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to KMC 14.10.070 Subdivision design standards, the plat conforms to the minimum street widths, easements are sufficiently provided for utilities, the proposed subdivision would provide satisfactory and desirable building site, and on-site water system and wastewater treatment/disposal system will be subject to the regulatory requirements of ADEC. Page 7 Resolution No. PZ2023-16 Page 2 of 2 2. Pursuant to KMC 14.10.070 Subdivision design standards, the plat does not meet the dedicated right-of-way for the continuation of the existing streets in adjoining areas and maximum block length of 1,400 linear feet. The request for the exception could potentially remove traffic congestion in exchange for convenient and additional access to surrounding subdivisions. The requested exception does not demonstrate a substantial hardship or injustice. 3. Pursuant to KMC 14.24.010 Minimum lot area requirements, the proposed parcel meet City standards for minimum lot sizes in the subject zoning district. 4. Pursuant to KMC 14.24.020 General Requirements, the proposed parcel 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: Section 1. That the preliminary plat of Strawberry Hill Estates 2023 Addition for the subdivision of the parcel located at 801 Devray Street (KPB Parcel No. 04951027) into 13 lots be approved, subject to the follow conditions: 1. Recommend Kenai City Council to deny the requested exceptions to exceed the maximum block length of 1,400 linear feet and waive the rights-of-way dedication of Devray Street. 2. Recommend Kenai City Council to approve the exceptions from connecting to City water and sewer systems. 3. Revised Note 4 on the Preliminary Plat to “DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER 14.20 ZONING CODE REQUIREMENTS”. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 23RD DAY OF AUGUST, 2023. Jeff Twait, Chairperson ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 8 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: August 18, 2023 SUBJECT: Resolution No. PZ2023-16 – Preliminary Plat – Strawberry Hill Estates 2023 Addition Request The applicant is proposing a preliminary plat to subdivide one (1) parcel into 13 lots with two (2) requested exceptions to the adjoining street system and block length standards. Staff Recommendation Adopt Resolution No. PZ2023-16 recommending approval of Preliminary Plat – Strawberry Hill Estates 2023 Addition for the subdivision of a parcel described by metes and bounds into 13 lots, deny the requested exceptions, and approve the exceptions to connecting to City water and sewer systems. Applicant: McLane Consulting, Inc. Attn: James Hall P.O. Box 468 Soldotna, AK 99669 Property Owners: David Bunts and Tracey Bunts Legal Description: That certain parcel of land located in the South ½ of the Southeast ¼ lying East of the Kenai Spur Highway, in Section 6, Township 5 North, Range 10 West, Seward Meridian, Excepting Therefrom: Plat Nos. 73- 6, 83-284, 75-24, 78-87, 72-63, 89-9, 84-111, and Corrected Warranty Deed (Book 79 at Page 314) in the records of the Kenai Recording District, Third Judicial District, State of Alaska. Further excepting therefrom, any portion within the rights-of-way of any and all public or private roads and highways. Property Address: 801 Devray Street KPB Parcel No.: 04951027 Lot Size Range: 1.022 – 1.255 acres No. of Lots: 13 Page 9 Resolution No. PZ2023-16 Preliminary Plat Strawberry Hill Estates 2023 Addition Page 2 of 4 Zoning District: Rural Residential (RR) Current Use: Vacant Proposed Use: Residential Surrounding Uses: North – Vacant Lots; South – Single-Family Residences; West – Vacant Lots; East – Vacant Lot and Single-Family Residences BACKGROUND The proposed preliminary plat would subdivide one (1) parcel located at 801 Devray Street (KPB Parcel No. 04951027) into 13 lots. The lot size ranges between 1.022 and 1.255 acres. The applicant has requested for two (2) exceptions to the Kenai Municipal Code (KMC) Subsections 14.10.070(a) relationship to Adjoining Street System and 14.10.070(d)(1) Blocks [Length]. KMC Chapter 14.10 Subdivision Regulations states preliminary plats or replats must first be submitted to the City for review and provide recommendation to the Kenai Peninsula Borough Planning Commission. Furthermore, KMC Section 14.10.090 Variations and exceptions states that City Council may vary or modify such requirements in KMC Chapter 14.10 Subdivision Regulations so that the subdivider may develop their property in a reasonable manner, but at the same time, the public welfare and interests of the City and surrounding areas are protected and the general intent and spirit of these regulations preserved. ANALYSIS The proposed subdivision meets the development requirements (i.e., lot size and lot width) for the Rural Residential (RR) zoning district. The proposed preliminary plat generally meets the subdivision design standards with the exceptions to the requested waivers. The proposed access is through the 60-foot right-of-way dedication to connect and continue Wortham Avenue from the west and intersect Strawberry Road to the south. Wortham Avenue is not a city-maintained road. The applicant is requesting to waive the 60-foot right-of-way dedication of Devray Street, which is not a City-maintained road. City water and sewer services are not available to the proposed lots. The proposed subdivision will be subject to the requirements of the Alaska Department of Environmental Conservation (ADEC) for water supply and on-site wastewater systems. The Public Works Director reviewed the proposed preliminary plat and had no comments. An installation agreement is not required. Lot Size The subdivision is located in the Rural Residential zoning district, which requires a minimum of lot size of 20,000 square feet. Each lot is in excess of one (1) acre; therefore, all 13 lots meet the minimum lot size for the subject zoning district. Lot Width The minimum lot width for the subject zoning district is 90 feet, which all 13 lots exceeds the minimum lot width. Adjoining Street System and Block Length Page 10 Resolution No. PZ2023-16 Preliminary Plat Strawberry Hill Estates 2023 Addition Page 3 of 4 KMC Subsection 14.10.070(a) states the arrangement of streets in the new subdivision shall make provisions for the continuation of the principal existing streets in adjoining areas. In the aforementioned subsection, it also states the street arrangement shall be such as not to cause a hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. The subject parcel abuts Devray Street (to the north and south), Wortham Avenue, and Strawberry Road. The applicant states that the extension of Wortham Avenue through the subdivision gives adequate access to all properties created and adjoining removing pressure to access adjoining lots from Kenai Spur Highway as the reason for the request to waive the 60-foot rights-of-way dedication for the continuation of Devray Street. In addition, the applicant states that not connecting Devray Street removes congestion potential of traffic backup on Strawberry Road onto Kenai Spur Highway. The waiver of the right-of-way dedication of Devray Street would require the waiver of exceeding the maximum block length of 1,400 linear feet by approximately ±300 linear feet. KMC Subsection 14.10.080(d)(1) states that no block shall be longer than 1,400 feet and where blocks are longer than 1,000 feet, a crosswalk at least 10 feet in width may be required near the center of the block. When requesting for variations and exceptions to the KMC Chapter 14.10 Subdivision Regulations, the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in the regulations would result in real difficulties, substantial hardship or injustice. Staff finds that the requirement of the 60-foot right-of-way dedication of Devray Street would not impose a substantial hardship or injustice. The right-of-way dedication would allow more convenient access from Kenai Spur Highway to the subject subdivision as well as several subdivisions to the north such as Three W’s Subdivision Addition No. 1, Hornaday Property Survey, Strawberry Fields Forever Addition No. 2, and Strawberry Fields Forever Addition No. 3. With the requested exception, it would leave the existing dedicated Devray Street to have dead ends that do not meet the current standards, which shall terminate into an open space (preferable circular) having a minimum radius of 50 feet. Public Water and Sewer KMC Subsections 14.10.080(e) and (f), states that in subdivisions of 10 or more lots, an approved public water supply and sewer lines shall be provided/installed to serve each lot. This is not feasible as there are no City water and sewer connections in the surrounding area. Therefore, these standards require exceptions to the provisions. It would meet the intent for exceptions as it would cause a substantial hardship or burden on the development of this subdivision. Summary Staff finds that the proposed preliminary plat meets the following Title 14 of Kenai Municipal Code (KMC) sections. 1. Pursuant to KMC 14.10.070 Subdivision design standards, the plat conforms to the minimum street widths, easements are sufficiently provided for utilities, the proposed subdivision would provide satisfactory and desirable building site, and on-site water system and wastewater treatment/disposal system will be subject to the regulatory requirements of ADEC. 2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the proposed parcel meet City standards for minimum lot sizes in the subject zoning district. Page 11 Resolution No. PZ2023-16 Preliminary Plat Strawberry Hill Estates 2023 Addition Page 4 of 4 3. Pursuant to KMC 14.24.020 General Requirements, the proposed parcel 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. Staff does not find that the proposed preliminary plat meets the following Title 14 of Kenai Municipal Code (KMC) section. 1. Pursuant to KMC 14.10.070 Subdivision design standards, the plat does not meet the dedicated right-of-way for the continuation of the existing streets in adjoining areas and maximum block length of 1,400 linear feet. The request for the exception could potentially remove traffic congestion in exchange for convenient and additional access to surrounding subdivisions. The requested exception does not demonstrate a substantial hardship or injustice. STAFF RECOMMENDATION Staff finds that the proposed preliminary plat for Strawberry Hill Estates 2023 Addition generally 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. PZ2023-16 to Kenai Peninsula Borough, subject to the following conditions. 1. Recommend Kenai City Council to deny the requested exceptions to exceed the maximum block length of 1,400 linear feet and waive the rights-of-way dedication of Devray Street. 2. Recommend Kenai City Council to approve the exceptions from connecting to City water and sewer systems. 3. Revised Note 4 on the Preliminary Plat to “DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER 14.20 ZONING CODE REQUIREMENTS”. ATTACHMENTS Aerial Map Application with Certificate of Plat Preliminary Plat, Strawberry Hill Estates 2023 Addition Page 12 N A 0 I PRELIMINARY PLAT Resolution No. PZ2023-16 801 Devray Street KPB Parcel ID: 04951027 C Subject Property Map for Reference Only NOT A LEGAL DOCUMENT 165 330 I 660 Feet I Date Printed: 8/18/2023 Page 13 Name: Mailing Address: Phone Number(s): Email: Name: Mailing Address: Phone Number(s): Email: Preliminary Plat Submittal Form Mclane Consulting PO BOX468 City: Soldotna 907-283-4218 JHALL@MCLANECG.COM David & Tracey Bunts PO BOX 226 City: Sterling Kenai Peninsula Borough Parcel #: 04951027 Current City Zoning: Rural Residential Use: !l Residential □ Other: Water: l!l On Site Sewer: l!l On Site □ Recreational □ City □ City atyofKana1 Planning and Zoning Department 210 Fidalgo Avenue Kenai, N< 99611 State: AK State: AK (907) 283,8200 ptanning@kenai,cit y www.kenai ci'lyr'planning Zip Code: 99669 Zip Code: 99672 □ Commercial □ Community □ Community Preliminary Plat Name: Strawberry Hill Estates 2023 Addition Revised Preliminary Plat Name: Vacation of Public Right-of-Way: Street Name (if vacating ROW): KPB 20.30.170 Block Length KPB 20.30.030(A) Street Layout □Yes Ii No Exceptions Required and Requested: Comments: Extension of Wortham Ave through the subdivision gives adequate access to all properties created and adjoining removing pressure to access adjoining lots from Kenai Spur Hwy. Not connecting Devray Street removes congestion potential of traffic backup on Strawberry Rd onto Kenai Spur Hwy. Title/Business: Page 14 PRELIMINARY PLAT SUBMITTAL FORM !!I PRELIMINARY PLAT o REVISED PRELIMINARY PLAT (no fee required) o PHASED PRELIMINARY PlAT □ PRELIMINARY PLAT FOR PRIVATE STREETS/GATED SUBDIVISION -all requirements of chapter zo, aduding Z0.30.ZlO and Z0.50 applr and must be mer. SUBDIVISION PLAT NAME: must be a unique name, contact staff for assistance If needed. I Strawberry Hill Estates 2023 Addition PROPERTY INFORMATION: Legal description: SUBDIVISION OF (51/2 SE1/4) EAST OF THE K-SPUR HWY, 56, T5N, R1 OW, SM, AK EXCEPTING PLAT No. 73-6, 83-284, 75-24, 78-87, 72-63, 89-9, 84-111, WD B79, PG314, KRD Section:6 I Township :5N I Range:10W General area description Slrawberry Rd and Kenai Spur Hwy City {if applicable): Kenai SURVEYOR Compony:Mclane Consulling, Inc. Moiling Address: PO BOX 468 Phone: 907-283-4218 PROPOSED WASTEWATERAND WATER SUPPLY WASTEWATER: Ill on site D City D community SUBMITTAL REQUIREMENTS I Total Acreage: 16.466 Contact Person: James Hall City, State, Zip Soldotna, AK 99669 e-mail: jhall@mclanecg.com WATER: ■ on site a City a community A prellmlnary plat application will be scheduled for tlie next available plat committee meeting after a complete application has been received. I! l -full size paper copy ~ 3-reduced sized drawlng(ll xl7J J Preliminary plat NON-REFUNDABLE submittal fee $400 ~ City Planning Commission minutes when located within city limits or Bridge Creek Watershed District ■ Certificate to plat for All parcels included in the subdivision !!! Documentation showing proof of signatory authority fpartnerships, corporations, estates, trusts, etc.J .i & requirements of KPB 20.25.070 (see page 2 for checkllstl and KPB 20.25.080 EXCEPTIONS REQUESTED TO PLATTING CODE: Complete the EXCEPTION REQUEST APPLICATION and attach to the preliminary plat submittal. APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC, partnership, etc., documentation is required to show authority of the indivldual(sl signing. Contact KPB staff for clarlflcation If needed. OWNER(s) I Name (prlo<,d), Phone: FOR OFFICE USE ONLY RECEIVED BY _____ _ DATE SUBMITTED ____ _ KPB FILE# ____ _ Page 15 Stewart Pit{e of tli.e 'l(enai (Peninsu{a, Inc. 35681 Kenai Spur Hwy., Unit B Mclane Consulting, Inc. PO Box468 Soldotna, AK 99669 Attention: James Hall Gentlemen: Soldotna, AK 99669 Tel: (907) 260-8031 Fax: (907) 260-8036 Amendment No. 1: Change effective date CERTIFICATE TO PLAT This is a certificate as of July 06, 2023 at 8:00 A.M. for a plat out of the following property: File Number: 21301 Premium: $250.00 Tax: That certain parcel of land located in the South one-half of the Southeast one-quarter (S1/2SE1/4) lying East of the Kenai Spur Highway, in Section 6, Township 5 North, Range 10 West, Seward Meridian, in the records of the Kenai Recording District, Third Judicial District, State of Alaska. EXCEPTING THEREFROM: Hornaday Property Survey, according to Plat No. 73-6, Kenai Recording District, Third Judicial District, State of Alaska; Strawberry Hill Estates, according to Plat No. 83-284, Kenai Recording District, Third Judicial District, State of Alaska; Tracts E and C Davidson Homestead, according to Plat No. 75-24, Kenai Recording District, Third Judicial District, State of Alaska; Tracts B-1 and F Davidson Homestead, according to Plat No. 78-87, Kenai Recording District, Third Judicial District, State of Alaska; Tract A Davidson Homestead, according to Plat No. 72-63, Kenai Recording District, Third Judicial District, State of Alaska; Strawberry Hill Estates Johnisee Addition, according to Plat No. 89-9, Kenai Recording District, Third Judicial District, State of Alaska; Myers/Strawberry Road Right of Way Map, according to Plat No. 84-111, Kenai Recording District, Third Judicial District, State of Alaska; That portion conveyed by Corrected Warranty Deed recorded August 23, 1974 in Book 79 at Page 314; FURTHER EXCEPTING THEREFROM, any portion lying within the rights-of-way of any and all public or private roads and highways. The Company certifies that record title is vested in David Bunts and Tracey Bunts 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. RESERVATIONS AND EXCEPTIONS as contained in Mineral Patent from the United States of America to the State of Alaska Recorded: September 27, 1982 Volume/Page: 194/781 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. Certificate to Plat KB1 File No.: 21301 Page 16 3. TAXES AND ASSESSMENTS, if any due the taxing authority indicated: Taxing Authority: City of Kenai 4. TAXES AND ASSESSMENTS, if any, due the taxing authority indicated: Taxing Authority: KENAI PENINSULA BOROUGH 5. EASEMENT for electric lines or system and/or telephone lines together with right to enter, maintain, repair and clear shrubbery: Recorded: June 5, 1968 Volume/Page: Misc. 31/124 Granted To: Homer Electric Association, Inc. Affects: General Easement, no definite location disclosed Stewart Title of the Kenai Peninsula, Inc. By tJ ~ Terri Cotterell Authorized Signator NOTE: We will update this certificate to comply with Kenai Peninsula Borough Ordinance 90-38 upon notification from surveyor. Certificate to Plat KB1 File No.: 21301 Page 17 E1/16 TRACT A KN72-63 TRACT 1 KN73-06 TRACT 1-A KN73-06 TRACT C KN75-24 TRACT E KN75-24 TRACT B KN78-87TRACT B-1 KN78-87 TRACT F KN78-87 LOT 11 BLOCK 4 KN83-284 LOT 10 BLOCK 4 KN83-284 LOT 9 BLOCK 4 KN83-284 LOT 8 BLOCK 4 KN83-284 LOT 7 BLOCK 4 KN83-284 LOT 5 BLOCK 5 KN83-284 LOT 9 BLOCK 2 KN83-284 LOT 8 BLOCK 2 KN83-284 LOT 7 BLOCK 2 KN83-284 LOT 9 BLOCK 3 KN89-09 LOT 8 BLOCK 3 KN89-09 LOT 7 BLOCK 3 KN89-09 LOT 2 1.117 AC LOT 8 1.028 AC LOT 1 1.118 AC LOT 3 1.022 AC LOT 4 1.022 AC LOT 13 1.028 AC LOT 12 1.072 AC LOT 10 1.028 AC LOT 9 1.028 AC LOT 7 1.028 AC LOT 6 1.028 AC LOT 11 1.181 AC LOT 5 1.255 AC N89°59'13"W N0 0 ° 0 0 ' 4 7 " E N89°59'13"W S00°08'08"E 37.42'N89°59'13"W 195.00' C1 N0 5 ° 2 9 ' 0 2 " E N89°59'13"W 85.00' C2 N43 ° 2 9 ' 3 3 " E 60.0 0 ' C3 N31 ° 2 5 ' 3 7 " E S89°58'54"E S00°08'08"E 39.03' S89°58'15"E S0 0 ° 0 7 ' 2 0 " E 11 8 . 1 4 ' S 1 8 ° 4 8 ' 1 5 " E S0 0 ° 0 7 ' 2 0 " E 64 . 7 0 ' N89°59'13"W 175.07' S0 0 ° 0 0 ' 4 7 " W 20 8 . 7 1 ' N0 0 ° 0 0 ' 4 7 " E 20 8 . 7 1 ' C4 S68°33 ' 3 3 " W 416.45' 347.14' 919.46' 4 5 8 . 3 1 ' 208.00' 17 9 . 4 2 ' 213.67 ' 22 5 . 1 3 ' 214 . 2 2 ' S89°59'13"E "BASIS OF BEARING" KN72-63 2638.90' N89°59'13"W 60.00' FOUND 2" ALCAP ILLEGIBLE 1997 830.51' S T R A W B E R R Y RD 50' R/W N0 0 ° 0 8 ' 0 8 " W 35 0 . 0 0 ' D E V R A Y S T 6 0 ' R / W 60' R/W HEREBY DEDICATED WORTHAM AVE 50 . 0 0 ' 50 . 0 0 ' 15 8 . 7 1 ' 15 8 . 7 1 ' 140.36' 22 5 . 9 2 ' N89°59'13"W 106.25' C5 N0 0 ° 0 8 ' 0 8 " W 176.78'30.00' N0 0 ° 0 8 ' 0 8 " W 18 6 . 8 7 ' N89°59'13"W 206.78'N89°59'13"W 275.35' N0 0 ° 0 8 ' 0 8 " W 18 6 . 7 9 ' 30.00'245.35'248.86' 20 7 . 0 9 ' C6 N89°59'13"W 111.72' N0 7 ° 4 1 ' 4 9 " E 197.27' 28 4 . 5 4 ' N65 ° 2 4 ' 5 1 " W 146. 0 4 ' C7 N1 2 ° 5 9 ' 1 6 " E 172.92' 35 3 . 6 7 ' C8 N65 ° 2 4 ' 5 1 " W 84.1 9 ' N2 1 ° 3 5 ' 1 0 " E 25.07' 1 9 8 . 1 7 ' 179. 3 3 ' C10 C 9 N50° 5 9 ' 3 4 " E 2 6 0 . 1 4 ' C 1 1 105.53' 30 6 . 5 3 ' C 1 3 C 1 2 102.47' 187 . 0 2 ' S65 ° 2 4 ' 5 1 " E 147. 9 8 ' S2 4 ° 3 5 ' 0 9 " W 19 1 . 3 4 ' S89°59'13"E 153.96'C14 S65°24'51"E 14.43' S30 ° 4 0 ' 1 1 " W 184.00' S0 0 ° 0 0 ' 4 7 " W 19 1 . 3 4 ' S89°59'13"E 232.95' 217.06'30.00' S89°59'13"E 228.18' S0 0 ° 0 8 ' 0 8 " E 165.00'30.00' 10' UTILITY EASEMENT SEE NOTE #2 10' UTILITY EASEMENT SEE NOTE #2 N65 ° 2 4 ' 5 1 " W 67.8 2 ' SE1/16 SEC. 6 S89°58'56"E 1319.63' N0 0 ° 0 8 ' 0 8 " W 45 5 . 9 7 ' N89°58'15"W FOUND 2-1/2" BRASS CAP 610-S 1972 1319.50' CS1/16 SEC. 6 FOUND 2-1/2" BRASS CAP 610-S 1969 N0 0 ° 0 8 ' 3 6 " W 13 2 0 . 7 4 ' 1/4 SECTION 6 SECTION 7 FOUND 2-1/2" GLO BRASS CAP 1937 1319.45' S6 S7 S5 S8 428.94' FOUND 2-1/2" GLO BRASS CAP 1937 S1/16 N0 0 ° 0 8 ' 0 0 " W 13 2 0 . 2 6 ' SE C T I O N 6 SE C T I O N 5 50.00' CURVE TABLE CURVE # C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 DELTA 9°38'11" 43°28'46" 10°39'20" 12°04'52" 32°49'26" 19°16'54" 5°17'27" 8°35'55" 28°23'14" 1°01'10" 27°25'20" 16°21'37" 36°59'09" 24°34'22" RADIUS 330.00' 330.00' 270.00' 370.00' 270.00' 330.00' 330.00' 230.00' 230.00' 430.00' 430.00' 370.00' 170.00' 270.00' LENGTH 55.50' 250.42' 50.21' 78.02' 154.68' 111.05' 30.47' 34.52' 113.95' 7.65' 205.80' 105.65' 109.74' 115.80' TANGENT 27.82' 131.59' 25.18' 39.15' 79.53' 56.06' 15.25' 17.29' 58.17' 3.83' 104.91' 53.19' 56.86' 58.80' CHORD BEARING N 85° 10' 08" W N 68° 14' 50" W S 51° 50' 07" E N 06° 01' 39" W N 73° 34' 30" W N 80° 20' 46" W N 68° 03' 35" W N 61° 06' 54" W N 42° 37' 20" W N 27° 55' 08" W N 13° 41' 53" W S 20° 14' 54" E S 46° 55' 17" E S 77° 42' 02" E CHORD LENGTH 55.44' 244.46' 50.14' 77.87' 152.57' 110.53' 30.46' 34.48' 112.79' 7.65' 203.84' 105.29' 107.84' 114.91' Book No. :Scale: 1" = 60'22-04Date :JAN 2023 KPB File No.2023-xxx Drawn by :JAH Project No.222002 ENGINEERING - TESTING SURVEYING - MAPPING P.O. BOX 468 SOLDOTNA, AK. 99669 VOICE: (907) 283-4218 FAX: (907) 283-3265 WWW.MCLANECG.COM STRAWBERRY HILL ESTATES 2023 ADDITION 16.466 AC. M/L SITUATED IN THE SE1/4 OF SECTION 6, TOWNSHIP 5 NORTH, RANGE 10 WEST, SEWARD MERIDIAN, AK, THE CITY OF KENAI, KENAI PENINSULA BOROUGH AND THE KENAI RECORDING DISTRICT. DAVID BUNTS PO BOX 226 STERLING, AK 99672 Plat # Time M Rec Dist Date 20 CERTIFICATE OF OWNERSHIP AND DEDICATION FOR: ACKNOWLEDGED BEFORE ME THIS _______ DAY OF ________________, 2023 MY COMMISSION EXPIRES :_____________ ____________________________________ NOTARY PUBLIC FOR THE STATE OF ALASKA NOTARY'S ACKNOWLEDGEMENT 1. WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS SHALL BE PERMITTED ONLY IN CONFORMANCE WITH APPLICABLE REQUIREMENTS OF 18 AAC 72 AND 18 AAC 80. 2. THE FRONT 10 FEET ADJOINING DEDICATED RIGHTS-OF-WAY IS ALSO A UTILITY EASEMENT HEREBY GRANTED. 3. NO PERMANENT STRUCTURE SHALL BE CONSTRUCTED OR PLACED WITHIN AN EASEMENT WHICH WOULD INTERFERE WITH THE ABILITY OF A UTILITY TO USE THE EASEMENT. 4. DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER 14 ZONING CODE REQUIREMENTS. 5. FURTHER DEVELOPMENT OF THE PROPERTY SHALL CONFORM TO ALL FEDERAL, STATE OF ALASKA AND LOCAL REGULATIONS. 6. NO DIRECT ACCESS TO STATE MAINTAINED RIGHTS-OF-WAY PERMITTED UNLESS APPROVED BY STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES. 7. THIS PARCEL MAY BE AFFECTED BY AN ELECTRIC EASEMENT GRANTED TO HOMER ELECTRIC ASSOCIATION ON JUNE 5, 1968 IN MISC. BOOK 31, PAGE 124, KRD, LOCATION NOT DEFINED. DAVID BUNTS PO BOX 226, STERLING, AK 99672 JAMES A. HALL 85032-S PLAT APPROVAL AUTHORIZED OFFICIAL THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION AT THE MEETING OF , 2023. NOTES 1 inch = GRAPHIC SCALE 0 60 60 ft. 12030 WE HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND WE HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY OUR FREE CONSENT DEDICATE ALL RIGHTS-OF-WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS TO THE USE SHOWN. LEGEND FOUND PRIMARY MONUMENT AS DESCRIBED SET 5/8"x30" REBAR w/ 1" STAINLESS STEEL CAP 85032-S FOUND 1/2" REBAR SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER (S1/2 SE1/4) LYING EAST OF THE KENAI SPUR HIGHWAY, SECTION 6, TOWNSHIP 5 NORTH, RANGE 10 WEST, SEWARD MERIDIAN, ALASKA EXCEPTING PLAT No. 73-6, 83-284, 75-24, 78-87, 72-63, 89-9, 84-111, WARRANTY DEED BOOK 79, PAGE 314 KENAI RECORDING DISTRICT AND ANY PORTION LYING WITHIN THE RIGHTS-OF-WAY OF ANY AND ALL PUBLIC OR PRIVATE ROADS AND HIGHWAYS. TRACEY BUNTS PO BOX 226, STERLING, AK 99672 DAVID & TRACEY BUNTS TRACEY BUNTS PO BOX 226 STERLING, AK 99672 Scale 1" = 1 Mile VICINITY MAP THIS SUBD. T5N R1 1 W R1 0 W K E N A I S P U R H W Y 17 8 16 97 18 12 13 6 KEN A I R I V E R CI T Y L I M I T S KENAI T6N 5 41 36 31 32 33 CERTIFICATE OF ACCEPTANCE CITY MANAGER, CITY OF KENAI THE UNDERSIGNED OFFICIAL IDENTIFIED BY NAME AND TITLE IS AUTHORIZED TO ACCEPT AND HEREBY ACCEPTS ON BEHALF OF THE CITY OF KENAI FOR PUBLIC PURPOSES THE REAL PROPERTY TO BE DEDICATED BY THIS PLAT INCLUDING EASEMENTS, RIGHTS-OF-WAY (WORTHAM AVE, STRAWBERRY RD), ALLEYS, AND OTHER PUBLIC AREAS SHOWN ON THIS PLAT. THE ACCEPTANCE OF LANDS FOR PUBLIC USE OR PUBLIC PURPOSE DOES NOT OBLIGATE THE PUBLIC OR ANY GOVERNING BODY TO CONSTRUCT, OPERATE, OR MAINTAIN IMPROVEMENTS. BY: DATE WASTEWATER DISPOSAL SOIL CONDITIONS, WATER TABLE LEVELS, AND SOIL SLOPES IN THIS SUBDIVISION HAVE BEEN FOUND SUITABLE FOR CONVENTIONAL ONSITE WASTEWATER TREATMENT AND DISPOSAL SYSTEMS SERVING SINGLE-FAMILY OR DUPLEX RESIDENCES AND MEETING THE REGULATORY REQUIREMENTS OF THE KENAI PENINSULA BOROUGH. ANY OTHER TYPE OF ONSITE WASTEWATER TREATMENT AND DISPOSAL SYSTEM MUST BE DESIGNED BY A PROFESSIONAL ENGINEER, REGISTERED TO PRACTICE IN ALASKA, AND THE DESIGN MUST BE APPROVED BY THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION. CODY R. McLANE C.E. 11510 AK DATE CONTOUR INTERVAL = 4' ~------+-------------------tF----------------------------------------~ I I t \ \ 1 + I J-, / -l ',, ---, / I" ---.o-.....,. ____ ....,. ___ .,...._~---o-.....,1 ------------------+-- I I ) ) I / \ I b-'---( ~----6---7 ) I \ \ \ 11111111 -~ I I t I EB t--G-~---1 Page 18 1 Shellie Saner From:AMCO Local Government Only (CED sponsored) <amco.localgovernmentonly@alaska.gov> Sent:Thursday, August 10, 2023 12:19 PM Cc:Sawyer, Jane Preston (CED); Craig, Carrie D (CED); CED AMCO Enforcement (CED sponsored) Subject:Marijuana retail walk-up/drive through exterior window pick-up Attachments:ExteriorWindowPickup.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. The Lt. Governor’s office has ﬁled the regulaƟons of the Alcohol and Marijuana Control Office (AMCO) that allows for exterior walk‐up and drive through window pick‐up at marijuana retail establishments. The changes to regulaƟons are found in 3 AAC 306.005; 306.300 ‐ .310; 306.350; 306.380; and 306.995 (aƩached). 3 AAC 306.380(a) states that “Unless prohibited by local law, a licensed retail marijuana store may serve a consumer through a walk‐up or drive‐through exterior window in compliance with the requirements of this secƟon.” This is your noƟce that local governments may pass an ordinance to prohibit or restrict this acƟvity. If your Council or Assembly do pass such an ordinance, please forward it to us at AMCO.  ExisƟng licensed retailers who apply for an exterior pick‐up window will need to ﬁll out a new form with AMCO (MJ‐31) and must have it approved by the local governing body.  New retail applicants who apply for a license and want to include an exterior pick‐up window will include it in their premises diagram as well as their security and operaƟng plan on the updated MJ‐02 and MJ‐03 form respecƟvely. Please contact our office if you have any quesƟons. Gabriel Gonzales Local Government Specialist DCCED - Alcohol and Marijuana Control Office 550 W. 7th Avenue, Suite 1600 Anchorage, AK 99501 (907) 334-2195 gabriel.gonzales@alaska.gov Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Kenai City Council - Regular Meeting Page 1 of 3 August 02, 2023 Kenai City Council - Regular Meeting August 02, 2023 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 3** 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. 3364-2023 - Increasing Estimated Revenues and Appropriations in the Water and Sewer Capital Project Fund for Replacement of an Existing Cemetery Creek Culvert with a Fish Passage Culvert. (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) 2.ADOPTED WITHOUT OBJECTION. Resolution No. 2023-48 - Approving Development Incentives for a Lease of the Airport Reserve Lands Between the City of Kenai and Schilling Rentals, LLC on Lot 3, Block 1, General Aviation Apron No. 1 Amended. (Administration) 3.POSTPONED TO 9/6/2023. Resolution No. 2023-49 - Declaring the Rights-of-Way of Char Circle as Dedicated on Park View Subdivision (Plat No. KN 79-156) and City Park Subdivision No. 2 (Plat No. KN 2007-149) and a Portion of S. Spruce Street as Dedication on Park View Subdivision (Plat No. KK 79-156) are No Longer Needed for a Public Purpose and Consenting to Vacation of the Rights-of-Way. (Administration) F.MINUTES 1.*Regular Meeting of July 5, 2023. (City Clerk) Page 30 Kenai City Council - Regular Meeting Page 2 of 3 August 02, 2023 G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Assignment and Assumption of Lease Agreement of Lot 5, Block 1, Gusty Subdivision Addition No. 1 Amended to Braden Ellis. (Administration) 3. *Action/Approval - Amending an Employment Agreement between the City of Kenai and City Manager, Terry Eubank. (Gabriel) 4. *Ordinance No. 3365-2023 - Increasing Estimated FY2023 Revenues and Appropriations in the General Fund - Police Department and Accepting a Grant from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. (Administration) 5. *Ordinance No. 3366-2023 - Increasing Estimated Revenues and Appropriations in the General Fund - Planning Department to Complete Rezoning of the Kenai Waterfront Area as Identified in the 2022 Kenai Waterfront Revitalization Assessment. (Knackstedt) 6. *Ordinance No. 3367-2023 - Increasing Estimated Revenues and Appropriations in the General Fund - Street Department for Award of a Contract to Replace Public Sidewalk at 815 Frontage Road. (Administration) 7. UNANIMOUSLY APPROVED DIRECTION TO ADMINISTRATION. Discussion/Action - Commission, Committee and Council on Aging Direction. (Gabriel) 8. Discussion/Action - Radio Advertising. (Douthit) 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 Page 31 Kenai City Council - Regular Meeting Page 3 of 3 August 02, 2023 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/83085079211 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 830 8507 9211 Passcode: 428997 Meeting ID: 830 8507 9211 Passcode: 428997 Page 32 Kenai City Council - Regular Meeting Page 1 of 3 August 16, 2023 Kenai City Council - Regular Meeting August 16, 2023 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 3** 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. 3365-2023 - Increasing Estimated FY2023 Revenues and Appropriations in the General Fund - Police Department and Accepting a Grant from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. (Administration) 2. ENACTED WITHOUT OBJECTION. Ordinance No. 3366-2023 - Increasing Estimated Revenues and Appropriations in the General Fund - Planning Department to Complete Rezoning of the Kenai Waterfront Area as Identified in the 2022 Kenai Waterfront Revitalization Assessment. (Knackstedt) 3. ENACTED WITHOUT OBJECTION. Ordinance No. 3367-2023 - Increasing Estimated Revenues and Appropriations in the General Fund - Street Department for Award of a Contract to Replace Public Sidewalk at 815 Frontage Road. (Administration) 4. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-51 - Approving an Amendment to the Lease for a Portion of Lot 3, Block 17, Original Townsite of Kenai Between the City of Kenai and Peninsula Art Guild, Inc. to Accommodate an Existing and Proposed New Shed. (Administration) 5. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-52 - Authorizing a Contract Award and Corresponding Purchase Order for the Cemetery Phase 2 Fencing Project. (Administration) Page 33 Kenai City Council - Regular Meeting Page 2 of 3 August 16, 2023 F. MINUTES 1. *Regular Meeting of August 2, 2023. (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Recommending the Kenai Peninsula Borough Assembly Appoint Kenai City Clerk, Shellie Saner to the Kenai Peninsula Borough Voter Turnout Working Group. (Gabriel) 3. *Ordinance No. 3368-2023 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and Airport Operations Facility Capital Funds to Provide Supplemental Funding for the Kenai Municipal Airport Operations Facility Boiler and HVAC Controls Replacement Project. (Administration) 4. APPROVED WITHOUT OBJECTION. Action/Approval - Approving Official Bond Amounts for City Manager, City Clerk and Finance Director. (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 1. Resolution No. 2023-49 - Declaring the Rights-of-Way of Char Circle as Dedicated on Park View Subdivision (Plat No. KN 79-156) and City Park Subdivision No. 2 (Plat No. KN 2007-149) and a Portion of S. Spruce Street as Dedication on Park View Subdivision (Plat No. KN 79-156) are No Longer Needed for a Public Purpose and Consenting to Vacation of the Rights-of-Way. (Administration) [At the 08/02/23 meeting, this item was postponed to 09/06/23.] O. ADJOURNMENT Page 34 Kenai City Council - Regular Meeting Page 3 of 3 August 16, 2023 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/87126614375 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 871 2661 4375 Passcode: 146181 Meeting ID: 871 2661 4375 Passcode: 146181 Page 35 August 14, 2023 Page 1 of 4 August 14, 2023– 7:30 PM Regular Meeting Betty J. Glick Assembly Chambers George A. Navarre Kenai Peninsula Borough Administration Building Jeremy Brantley, Chair Ridgeway / Sterling Funny River District Term Expires 2024 Vacant, Vice Chair Virginia Morgan Cooper Landing / Hope Eastern Peninsula District Term Expires 2025 Diane Fikes City of Kenai Term Expires 2025 Charlene Tautfest City of Soldotna Term Expires 2024 Franco Venuti City of Homer Term Expires 2025 Vacant City of Seward Term Expires 2026 Pamela Gillham Kalifornsky / Kasilof District Term Expires 2026 Jeffrey Epperheimer Nikiski District Term Expires 2026 Dawson Slaughter South Peninsula District Term Expires 2025 ZOOM MEETING DETAILS Zoom Meeting Link: https://us06web.zoom.us/j/9077142200 Zoom Toll Free Phone Numbers: 888-788-0099 or 877-853-5247 Zoom Meeting ID: 907 714 2200 To join the meeting from a computer, visit the Zoom meeting link above. If you connect by computer and do not have speakers or a microphone, connect online and then select phone for audio. A box will come up with toll free numbers, the meeting ID, and your participant number. To attend the Zoom meeting by telephone, use the Zoom toll free phone numbers listed above. A. CALL TO ORDER Appointment/Reappointment of Commissioners a. Pamela Gillham, Kalifornsky / Kasilof District b. Jeffrey Epperheimer, Nikiski District B. ROLL CALL Election of Officers • Chair • Vice Chair C. APPROVAL OF AGENDA AND CONSENT AGENDA (Action items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. Public testimony will be taken. There will be no separate discussion of these items unless a commissioner so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) *1. Time Extension Request – None *2. Planning Commission Resolutions – None *3. Plats Granted Administrative Approval a. Jeanwood Estates Adcock Addition; KPB File 2020-055 b. Leisure Time Estates Ivy Replat; KPB File 2022-130 c. Madson Subdivision Trust Land Survey 2020-01; KPB File 2021-164 d. McCall Subdivision 2022 Replat; KPB File 2022-166 e. Ninilchik Townsite Vanek 2023 Replat; KPB File 2022-182 f. Roan Walden Chalets at Johnstone Bay; KPB File 2020-060 g. Steven Oberts Subdivision No. 1; KPB File 2021-141 Planning Commission Agenda ACTION Page 36 August 14, 2023 Page 2 of 4 *4. Plats Granted Final Approval a. Moose Range Meadows South Thiede Replat; KPB File 2023-006 *5. Plat Amendment Request – None *6. Commissioner Excused Absences a. City of Seward, Vacant *7. Minutes a. July 17, 2023 PC Meeting Minutes Motion to approve the consent agenda and the regular agenda passed by unanimous vote. (8-Yes, 1-Vacant) D. UNFINISHED BUSINESS - None E. NEW BUSINESS Public Hearing: Quasi-Judicial Matters (Commission members may not receive or engage in ex-parte contact with the applicant, other parties interested in the application, or members of the public concerning the application or issues presented in the application) 1. Conditional Use Permit; PC Resolution 2023-27 Petitioner: Alaska Rail Road Corporation Request: Place rip rap on the Alaska Rail Road right-of-way within the 50-foot Habitat Protection District of the Snow River Location: T03N R01E SEC01 S.M. SW That Portion of Chugach National Forest Lying within T03NR01E Excluding Kenai Lake & All US Surveys Moose Pass Area Motion to adopt PC Resolution 2023-27 granting a conditional use permit for the placement of rip rap within the 50-foot Habitat Protection District of the Snow River passed by unanimous vote. (8-Yes, 1-Vacant) 2. Building Setback Encroachment Permit; KPB File 2023-068 Petitioners/Landowners: Henry & Susan Novak Surveyor: None Request: Permits a high tunnel to remain the 20’ setback Location: Block 3, Tract B-5A, Tolum Subdivision No. 5, Plat KN 2002-17 Cohoe Area Motion to adopt PC Resolution 2023-20, granting a building setback encroachment permit to Lot B-5A of Tolum Subdivision No. 5, Plat KN 2002-17 passed by unanimous vote (8-Yes, 1-Vacant). 3. Building Setback Encroachment Permit; KPB File 2023-071 Petitioner/Landowner: Ryan K. Hall Surveyor: Ability Surveys Request: Permits an approximately 13.6’ encroachment to remain in the 20’ setback Location: Block 2, Lot 3, Puffin Acres Subdivision, Plat HM 85-122 Kachemak Area Motion to adopt PC Resolution 2023-21, granting a building setback encroachment permit to Lot 3, Puffin Acres Subdivision, Plat HM 85-122, passed by unanimous vote (8-Yes, 1-Vacant). Page 37 August 14, 2023 Page 3 of 4 4. Building Setback Encroachment Permit; KPB File 2023-072 Petitioners/Landowners: Alexander & Sherry Kime Surveyor: Peninsula Surveying Request: Permits a house to remain in the 20’ building setback Location: Tract E, Quartz Creek Subdivision, Plat SW 94-11 Cooper Landing Area / Cooper Landing APC Motion to grant a building setback encroachment permit to Tract E, Quartz Creek Subdivision, Plat SW 94-11 passed by unanimous vote (8-Yes, 1-Vacant). 5. Building Setback Encroachment Permit; KPB File 2023-075 Petitioner/Landowner: James Zwack Surveyor: Johnson Surveying Request: Permits a house to remain in the 20’ building setback Location: Block 2, Lot 1, Foster Lake Subdivision Amended, Plat KN 85-63 Sterling Area Motion to adopt PC Resolution 2023-24, granting a building setback encroachment permit to Block 2, Lot 1, Foster Lake Subdivision Amended, Plat KN 85-63, passed by unanimous vote (8-Yes, 1-Vacant) 6. Building Setback Encroachment Permit; KPB File 2023-076 Petitioners/Landowners: Michael Wykis & Karen Hummel Surveyor: None Request: Permits a garage to be constructed in the 20’ building setback Location: Block 3, Lot 2, Big Eddy Subdivision, Plat KN 72-14 Ridgeway Area Motion to grant a building setback encroachment permit to Block 3, Lot 2, Big Eddy Subdivision, Plat KN 72-14, passed by unanimous vote (8-Yes, 1-Vacant). 7. Building Setback Encroachment Permit; KPB File 2023-083 Petitioner/Landowner: Fraternal Order of the Eagles Aerie #431 Surveyor: Segesser Surveys Request: Permits construction of an addition to an existing structure in the 20’ building setback Location: Lot 22, Cohoe Corners, Plat KN 85-118 Cohoe Area Motion to grant a building setback encroachment permit to Lot 22, Cohoe Corners, Plat KN 85- 118, failed by majority vote (7-No, 1-Yes, 1-Vacant). Motion to attach findings 1-5, 7 & 8 from the staff report in support of the denial passed by majority vote (7-No, 1-Yes, 1-Vacant). 8. Right-Of-Way Vacation; KPB File 2023-069V Petitioners: Brittany Sanmartin & Olen Moyer Surveyor: None Request: Vacate an approximate 60’ X 343’ portion of Kayeway Road Kalifornsky Area *No Action Required – petition was withdrawn Page 38 August 14, 2023 Page 4 of 4 Public Hearing: Legislative Matters 9. Ordinance 2022-19-80: Appropriating funds for the Land Trust Fund to account for the transfer of real property assets to the Land Trust Fund that were originally acquired with Central Emergency Service FY23 capital project funds. Motion to forward to the Assembly a recommendation to adopt Ordinance 2022-19-80 passed by unanimous vote (8-Yes, 1-Vacant). 10. Ordinance 2023-19-12: Appropriating $175,000 from the General Fund balance for a professional study concerning high water issues in the K-Beach area. Motion to forward to the Assembly a recommendation to adopt Ordinance 2023-19-12 Appropriating $175,000 from the General Fund balance for a professional study concerning high water issues in the K-Beach area and to use $25,000 of this amount to purchase water monitoring equipment, passed by unanimous vote (8-Yes, 1-Vacant). F. PLAT COMMITTEE REPORT - Plat Committee will review 9 preliminary plats G. OTHER (No Public Hearing) a. Plat Committee for Aug-Sept-Nov-Dec H. PRESENTATIONS / PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA I. DIRECTOR’S COMMENTS J. COMMISSIONER COMMENTS K. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, August 28, 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 / 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 rights-of-way, 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 39 August 14, 2023 Page 1 of 3 August 14, 2023– 5:30 PM Regular Meeting Betty J. Glick Assembly Chambers George A. Navarre Kenai Peninsula Borough Administration Building Jeremy Brantley, Chair Ridgeway / Sterling Funny River District Term Expires 2024 Virginia Morgan Cooper Land / Hope Eastern Peninsula District Term Expires 2025 Diane Fikes City of Kenai Term Expires 2025 Charlene Tautfest City of Soldotna Term Expires 2024 Franco Venuti City of Homer Term Expires 2025 Vacant City of Seward Term Expires 2026 Pamela Gillham Kalifornsky / Kasilof District Term Expires 2026 Jeffrey Epperheimer Nikiski District Term Expires 2026 Dawson Slaughter South Peninsula District Term Expires 2025 ZOOM MEETING DETAILS Zoom Meeting Link: https://us06web.zoom.us/j/9077142200 Zoom Toll Free Phone Numbers: 888-788-0099 or 877-853-5247 Zoom Meeting ID: 907 714 2200 To join the meeting from a computer, visit the Zoom meeting link above. If you connect by computer and do not have speakers or a microphone, connect online and then select phone for audio. A box will come up with toll free numbers, the meeting ID, and your participant number. To attend the Zoom meeting by telephone, use the Zoom toll free phone numbers listed above. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA AND CONSENT AGENDA (Action 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 commissioner so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) *1. Agenda *2. Member Excused Absences *3. Minutes a. July 17, 2023 Plat Committee *4. Grouped Plats 3. Cooper Subdivision 2023 Replat; KPB File 2023-082 5. Tustumena Terraces 2023 Replat; KPB File 2023-080 7. Folz Subdivision 2023 Replat; KPB File 2023-085 9. Diamond Willow Kenai Wellness Estates Addition; KPB File 2023-079 Motion to approve the agenda and the minutes from the July 17, 2023 Plat Committee meeting passed by unanimous vote (4-Yes). D. UNFINISHED BUSINESS - None Plat Committee Agenda ACTION Page 40 _______________________________________________________________________________ August 14, 2023 Page 2 of 3 E. NEW BUSINESS 1. Annette’s Subdivision; KPB File 2023-086 Seabright Surveying / Bellamy Location: Halibut Cove TRL REM SW Halibut Cove Area Motion to grant preliminary approval passed by unanimous vote (4-Yes). Motion to grant the exception request to KPB 20.30.210 – Lots, Access to Streets passed by unanimous vote (4-Yes). 2. Barefoot Acres; KPB File 2023-073 Ability Surveys / Jackson, Anna Marie Jackson Revocable Living Trust Location: East End Road Kachemak City Motion to grant preliminary approval passed by unanimous vote (4-Yes). Motion to grant the exception request to KPB 20.30.190(A) Lot Dimensions 3:1 depth to width for lots two & three passed by unanimous vote (4-Yes). Motion to grant the exception request to KPB 20.30.120 - Street Width Requirements, passed by unanimous vote (4-Yes). 3. Cooper Subdivision 2023 Replat; KPB File 2023-082 (Grouped Plats) Geovera, LLC / Trieweiler, Ryan Location: On Alder Lane Off East End Road City of Homer Motion to grant preliminary approval passed by unanimous vote (4-Yes). 4. Shipley Subdivision; KPB File 2023-070 Segesser Surveys / Shipley Location: Denise Lake Drive Ridgeway Area Motion to grant preliminary approval passed by unanimous vote (4-Yes). Motion to grant the exception request to KPB 20.30.030(A) Proposed Street Layout Requirements passed by unanimous vote (4-Yes). 5. Tustumena Terraces 2023 Replat; KPB File 2023-080 (Grouped Plats) Johnson Surveying / Ducker Location: Terrace Drive & Burton Drive Cohoe Area Motion to grant preliminary approval passed by unanimous vote (4-Yes). 6. ASLS No. 2023-16 Anchors Aweigh North Subdivision; KPB File 2023-084 McLane Consulting Group / State of Alaska Location: Tall Tree Avenue & Sterling Highway Happy Valley Area Motion to grant preliminary approval passed by unanimous vote (4-Yes). Motion to grant the exception request to KPB 20.30.030 Proposed Street Layout Requirements & KPB 20.30.170 Block Length Requirements passed by unanimous vote (4-Yes). Motion to grant the exception request to KPB 20.30.150(B) Street Intersection Requirements passed by unanimous vote (4-Yes). Page 41 _______________________________________________________________________________ August 14, 2023 Page 3 of 3 7. Folz Subdivision 2023 Replat; KPB File 2023-085 (Grouped Plats) McLane Consulting Group / ZPA, LLC Location: MP 3 Seward Highway Bear Creek Area Motion to grant preliminary approval passed by unanimous vote (4-Yes). 8. Oberts Silver Salmon Subdivision; KPB File 2023-081 McLane Consulting Group / Oberts Location: Silver Salmon Drive City of Kenai Motion to grant preliminary approval passed by unanimous vote (4-Yes). Motion to grant the exception request to KPB 20.30.170 Block Length Requirements passed by unanimous vote (4-Yes). Motion to grant the exception request to KPB 20.30.190 Lot Dimensions passed by unanimous vote (4-Yes). 9. Diamond Willow Kenai Wellness Estates Addition; KPB File 2023-079 (Grouped Plats) McLane Consulting Group / Consolidated Development & Management, LLC Location: Ciechanski Road & Virginia Drive Kalifornsky Area Motion to grant preliminary approval passed by unanimous vote (4-Yes). F. OTHER (No Public Hearing) G. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Plat Committee meeting will be held Monday, August 28, 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. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 / 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 42 AUGUST 23, 2023 PLANNING & ZONING COMMISSION MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET ACTION ITEM REQUESTED BY Add to Item H.1 Discussion/Action - AMCO Adopted Marijuana Regulation Changes •Recommendation Memo Planning Director MEMORANDUM TO: Planning & Zoning Commission FROM: Linda Mitchell, Planning Director DATE: August 22, 2023 SUBJECT: Recommendation to Council for Marijuana Regulation Changes At their September 6, 2023 meeting, the City Council will be considering the proposed Alcohol and Marijuana Control Office (AMCO) adopted marijuana regulation changes provided in your packet. Below are suggested motions for possible recommendations to make to Council: Motion 1: Or, Motion 2: Or, Motion 3: I move to recommend the City Council take no action, allowing marijuana establishments to continue offering exterior walk‐up and drive through window pick‐up services. I move to recommend the City Council enact an ordinance to prohibit or restrict exterior walk‐up and drive through window pick‐up at marijuana retail establishments. I move to recommend the City Council refer the issue back to the Planning & Zoning Commission for further consideration. PLANNING & ZONING COMMISSION Resolution PZ2023-15 –Preliminary Plat –Strawberry Hill Estates 2023 Addition 801 Devray Street August 23, 2023 Preliminary Plat: Subdivision with Two (2) Requested Exceptions Summary Current Use Vacant Proposed Use Residential Zoning District Rural Residential (RR) No. of Lots 13 Lot Size Range 1.022-1.255 acres Surrounding Uses North Vacant Lots South Single-Family Residences (SFRs) West Vacant Lots East Vacant Lot and SFRs Requested Exceptions by Applicant 1. KMC Subsection 14.10.070(a) relationship to Adjoining Street System “The arrangement of streets in new subdivisions shall make provisions for the continuation of the principal existing streets in adjoining areas (or their proper projection where adjoining land is not subdivided) insofar as they may be deemed necessary by the Commission for public requirements. The width of such streets in new subdivisions shall be not less than the minimum widths established herein. The street and alley arrangement shall be such as not to cause a hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. Offset streets should be avoided. Streets obviously in alignment with existing streets shall bear the names of the existing streets. All proposed street names shall be checked against duplication of other street names.” 2. KMC Subsection 14.10.070(d)(1) Blocks Length “No block shall be longer than one thousand four hundred (1,400) feet. Where blocks are longer than one thousand (1,000) feet, a crosswalk at least ten (10) feet in width may be required near the center of the block.” Requested Exceptions by Administration 1.KMC Subsection 14.10.080(e) “In subdivisions of ten (10) or more lots, an approved public water supply shall be provided for each lot within the subdivision area. “ 2. KMC Subsection 14.10.080(f) “The subdivider shall install sanitary sewer lines to serve each lot.” KMC Section 14.10.090 Variations and Exceptions “Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in these regulations would result in real difficulties, substantial hardship or injustice, the City Council, after report by the Planning Commission, may vary or modify such requirements so that the subdivider may develop his property in a reasonable manner, but so that at the same time, the public welfare and interests of the City and surrounding areas are protected and the general intent and spirit of these regulations preserved.” Staff Recommendation The proposed preliminary plat generally meets the standards of KMC Chapter 14.10 Subdivision Regulations and Chapter 14.24 Development Requirements Table. Adopt the Resolution PZ2023-15 recommending approval of the preliminary plat “Strawberry Hill Estates 2023 Addition” for a 13-lot subdivision with the required road dedication of Devray Street, exceptions from connecting to City water and sewer systems, and subject to the listed conditions. PLANNING & ZONING COMMISSION Resolution PZ2023-15 –Preliminary Plat –Strawberry Hill Estates 2023 Addition 801 Devray Street August 23, 2023 CERTIFICATE OF PUBLICATION & POSTING I, Linda Mitchell, Planning Director of the City of Kenai, do hereby certify that on the 16th day of August 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 August 19th, 2023 edition of their newspaper. On the 18th day of August 2023, the full meeting agenda was also posted at Kenai City Hall and on the internet at www.kenai.city. ___________________________ Linda Mitchell, Planning Director