The URL can be used to link to this page

Home My WebLink About2023-09-27 Planning & Zoning PacketKenai Planning & Zoning Commission – Regular Meeting Page 1 of 2 September 27, 2023 Kenai Planning & Zoning Commission - Regular Meeting September 27, 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 September 13, 2023 C. SCHEDULED PUBLIC COMMENT Public comment limited to ten (10) minutes per speaker) D. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. CONSIDERATION OF PLATS F. PUBLIC HEARINGS 1. Resolution PZ2023-18 – Granting a Modification to a Condition Listed in Resolution PZ2023- 05 for a Conditional Use Permit to Expand the Assisted Living Facility on the Property Located at 701 N. Forest Drive (Parcel ID: 04321030) in the Suburban Residential (RS) Zoning District. G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Transfer of Conditional Use Permits (Resolutions PZ12-22, PZ15-24, and PZ2023-05) for an Assisted Living Facility on a Property Described as Tract 36A, Killen Estates 2014 Replat, Located at 701 N. Forest Drive in the Suburban Residential (RS) Zoning District. 2. Action/Recommendation – Recommendations to Kenai City Council on Ordinance No. 3373- 2023 – Amendment of KMC Section 14.20.330-Standards for Commercial Marijuana Establishments. Page 1 Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 September 27, 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: October 11, 2023 L. COMMISSION COMMENTS AND QUESTIONS M. PENDING ITEMS N. ADJOURNMENT O. INFORMATIONAL ITEMS 1. City of Kenai Commissions, Committees and Council on Aging Review 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/88338294729 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 883 3829 4729 Passcode: 535055 Meeting ID: 883 3829 4729 Passcode: 535055 Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING SEPTEMBER 13, 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 September 13, 2023 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on September 13, 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 Gwen Woodard John Coston (electronic participation) Diane Fikes A quorum was present. Absent: None. Also in attendance were: Linda Mitchell, Planning Director James Baisden, City Council Liaison Meghan Thibodeau, Deputy City Clerk 3. Approval of Agenda and Consent Agenda MOTION: Commissioner Halstead MOVED to approve the agenda and consent agenda with the requested additions. Commissioner Fikes 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 August 23, 2023 Approved by the consent agenda. Page 3 Planning & Zoning Commission Meeting Page 2 of 4 September 13, 2023 C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS 1. Resolution PZ2023-17 – Recommending Approval for Preliminary Plat – City Park Subdivision 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 Halstead MOVED to approve Resolution PZ2023-17. Commissioner Fikes SECONDED the motion. Planning Director Mitchell presented her staff report with information provided in the packet, noting that the Commission had previously passed Resolution PZ2023-13 recommending approval of the preliminary plat and excluding the vacation of a portion of S. Spruce Street. The City Council postponed their decision on the right-of-way vacation to allow additional time for affected parties to address concerns; a consensus among these parties had been met and a revised preliminary plat submitted for the Commission’s consideration. Zoning and uses of surrounding lots were reviewed; staff recommended approval subject to the following conditions: 1. The portion of S. Spruce Street to be vacated lies west of a straight line, starting at the southeast corner of Tract A, City Park Subdivision No. 2 and ending at the southernmost point of the dedicated S. Spruce Street in the Park View Subdivision. 2. Tract 2A will receive the vacation of S. Spruce Street on Government Lot 155. 3. Revised the preliminary plat to include the adjacent parcel located at 420 S. Spruce Street (KPB Parcel No. 04701005) and identified as “Tract 2B” to receive the vacation of S. Spruce Street on Government Lot 157. 4. Include a Certificate of Ownership and Dedication for the parcel located at 420 S. Spruce Street (KPB Parcel No. 04701005). 5. Update the ownership under the Certificate of Ownership and Dedication, Notary’s Acknowledgement, and Title Block for Tract A KN79-156. 6. 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 delineated on Exhibit A. 7. Execute a 50-foot in width, non-exclusive access and utility easement from Tract 2B to S. Spruce Street. Chair Twait opened the floor for public comment. Taylor Evenson spoke in support, noting that the proposal by Director Mitchell is in accordance with what they want to do. There being no one else wishing to be heard, the public comment period was closed. Jeff Dolifka responded to questions from the Commission. VOTE: YEA: Fikes, Twait, Coston, Halstead, Greenberg, Glendening, Woodard NAY: None. Page 4 Planning & Zoning Commission Meeting Page 3 of 4 September 13, 2023 MOTION PASSED UNANIMOUSLY. F. PUBLIC HEARINGS – None. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. *Action/Approval – Requesting an Excused Absence for the August 23, 2023 Regular Meeting – Fikes. Approved by the consent agenda. I. REPORTS 1. City Council – Vice Mayor Baisden noted the Bluff Erosion Project signing on September 25th, and reported on the actions of the September 6, 2023 City Council meeting. 2. Kenai Peninsula Borough Planning – Commissioner Fikes reported on the actions of the September 11, 2023 meeting. 3. City Administration – Planning Director Mitchell reported on the following:  The Clerk’s Office is accepting applications for Student Representatives on boards & commissions.  Recruitment for second Planning & Zoning Department administrative assistant is ongoing.  Director Mitchell and Commissioner Woodard attending the planning conference in Anchorage next week.  Working with consultant Max Best on waterfront rezoning.  Will be attending Airport Commission meetings to keep them up to date on Airport lands and leases.  Increase in code enforcement complaints of chickens and abandoned vehicles.  Suggested reducing the number of regularly scheduled Planning & Zoning Commission meetings to once per month. J. ADDITIONAL PUBLIC COMMENT – None. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: September 27, 2023 Commissioner Halstead noted he would be absent; Commissioner Glendening noted he may participate remotely. L. COMMISSION COMMENTS AND QUESTIONS Commissioner Woodard noted she would be absent for the October 11, 2023 meeting. Vice Chair Halstead expressed support and appreciation for Director Mitchell’s hard work in the Planning & Zoning Department. M. PENDING ITEMS – None. Page 5 Planning & Zoning Commission Meeting Page 4 of 4 September 13, 2023 N. ADJOURNMENT O. INFORMATIONAL ITEMS – None. There being no further business before the Commission, the meeting was adjourned at 7:53 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of August 23, 2023. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 6 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ2023-18 A RESOLUTION GRANTING A MODIFICATION TO THE CONDITIONAL USE PERMIT FOR AN ASSISTED LIVING FACILITY. APPLICANT: Aspen Creek Kenai Property, LLC c/o Douglas Clegg PROPERTY ADDRESS: 701 N. Forest Drive LEGAL DESCRIPTION: Tract 36A of Killen Estates 2014 Replat KENAI PENINSULA BOROUGH PARCEL NUMBER: 04321030 WHEREAS, a request to modify a condition listed in Resolution PZ2023-05 was submitted to Planning staff on September 15, 2023; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code 14.20.150; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on September 20, 2023, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; Findings: There is no change in use. The use remains consistent with the purpose of the Kenai Zoning Code and intent of the Suburban Residential (RS) zoning district. The land use table indicates an assisted living facility is a conditional use and several CUPs have been granted for the assisted living facility. The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy; (2) To prohibit uses which would: (A) Violate the residential character of the environment; Page 7 Resolution PZ2023-18 Page 2 of 3 (B) Generate heavy traffic in predominantly residential areas. The requested modification to reduce the width of the ROW easement to/from Ponderosa Street is not anticipated to increase vehicular traffic in the surrounding neighborhood. The easement access to/from Ponderosa Street is primarily intended to provide emergency access and vendor deliveries. A one-way access off of North Forest Drive is provided to minimize vehicular traffic off Ponderosa Street from employees and additional visitors. 2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired; Findings: The economic and noneconomic value of adjacent properties will not be significantly impacted by the modification. A landscaping/site plan has been approved by Planning staff. The reduced easement access width to/from Ponderosa Street is not anticipated to increase traffic along Ponderosa Street. The applicant is proposing to construct a minimum 24-foot paved ROW easement for access via Ponderosa Street, which will provide adequate access for EMS. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Findings: The use is not changing. The use will continue to be consistent and compatible with the Comprehensive Plan. The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Suburban Residential (SR) land use classification. The SR Land Use Classification is defined in the Comprehensive Plan: Suburban Residential is intended for single-family and multi-family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are required or planned. Some developments may be required to construct streets to a paved standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and Implementation”, several goals and objectives are met from the proposed expansion. Goal 1 – Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 3 – Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Goal 5 – Provide transportation systems that are efficient and adequate to serve the regional needs of the community. Objective T-5 Transportation improvements needed to serve new developments shall be in place at the time new development impacts occur. Page 8 Resolution PZ2023-18 Page 3 of 3 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: There is no change in use. City water and sewer services are available to serve the subject property. North Forest Drive is a paved and City-maintained road. Access will also be provided via the ROW easement to/from Ponderosa Street, which will be reduced to a minimum 30-foot ROW easement on the adjacent property and subject to meeting city standards. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: There is no change in use. The modification will not be harmful to public safety, health, or welfare. The modification will provide adequate access for EMS, which promotes public safety by providing additional access. 6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: Additional or specific conditions are not necessary to address the above- mentioned criteria. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a modification to condition 3 listed in Resolution PZ2023-05 is granted for a conditional use permit to expand the assisted living facility on the property described as Tract 36A of Killen Estates 2014 Replat, and located at 701 N. Forest Drive. Section 2. That the modification to the conditional use permit is subject to the conditions in CUPs (Resolutions PZ12-22, PZ15-24, and PZ2023-05) and the following condition: 1. Obtain a minimum 30-foot in width right of way easement on the adjacent property for ingress and egress from/to Ponderosa Street. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 27TH DAY OF SEPTEMBER, 2023. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 9 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: September 26, 2023 SUBJECT: Resolution PZ2023-18 – Conditional Use Permit Modification – Assisted Living Facility Expansion Request The applicant is requesting to modify a condition listed in Resolution PZ2023-05 for the expansion of the assisted living facility. Staff Recommendation Adopt Resolution PZ2023-18 approving a modification of a condition listed in Resolution PZ2023-05 for a Conditional Use Permit to expand the assisted living facility. Applicant Aspen Creek Kenai Property, LLC c/o Douglas Clegg Property Owner Aspen Creek Kenai Property, LLC Legal Description Tract 36A of Killen Estates 2014 Replat Property Address 701 N. Forest Drive KPB Parcel No. 04321030 Lot Size Approximately 4.64 acres (202,118 square feet) Zoning Suburban Residential (SR) Current Use Assisted Living Facility Land Use Plan Suburban Residential SUMMARY The subject property was granted Conditional Use Permits (CUPs) for an assisted living facility (Resolution PZ12-22 for Building 1; Resolution PZ15-24 for Building 2; Resolution PZ2023-05 for an expansion to connect Buildings 1 and 2) on a property described as Tract 36A, Killen Estates 2014 Replat located at 701 N. Forest Drive in the Suburban Residential (RS) zoning district. Kl;NAI Page 10 Resolution PZ2023-18 Conditional Use Permit Modification Assisted Living Facility Page 2 of 4 On March 22, 2023, Planning and Zoning Commission granted an amendment to the conditional use permit (CUP) to expand the assisted living facility by connecting buildings 1 and 2. The applicant is requesting to modify condition 3 listed in Resolution PZ2023-05, which requires the applicant to obtain a minimum 60-foot right of way (ROW) easement on the adjacent property for ingress and egress from/to Ponderosa Street. The modification will reduce the ROW easement width to/from Ponderosa Street from 60 feet to 30 feet. According to the applicant, the acquisition of the additional ROW easement width has been challenging with the adjacent property owner; therefore, the applicant is seeking a reduction of the ROW easement width to ensure the construction for the expansion can move forward. Access to/from Ponderosa Street via a ROW easement is necessary to provide additional access for emergency medical services (EMS). ANALYSIS Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that may be compatible with the designated principal uses in specific zoning districts provided certain conditions are met. Prior to granting a conditional use permit or amendments, the Commission shall determine that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits Review Criteria are met. Criteria 1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Findings: There is no change in use. The use remains consistent with the purpose of the Kenai Zoning Code and intent of the Suburban Residential (RS) zoning district. The land use table indicates an assisted living facility is a conditional use and several CUPs have been granted for the assisted living facility. The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy; (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. The requested modification to reduce the width of the ROW easement to/from Ponderosa Street is not anticipated to increase vehicular traffic in the surrounding neighborhood. The easement access to/from Ponderosa Street is primarily intended to provide emergency access and vendor deliveries. A one-way access off of North Forest Drive is provided to minimize vehicular traffic off Ponderosa Street from employees and additional visitors. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Findings: The economic and noneconomic value of adjacent properties will not be significantly impacted by the modification. A landscaping/site plan has been approved by Page 11 Resolution PZ2023-18 Conditional Use Permit Modification Assisted Living Facility Page 3 of 4 Planning staff. The reduced easement access width to/from Ponderosa Street is not anticipated to increase traffic along Ponderosa Street. The applicant is proposing to construct a minimum 24-foot paved ROW easement for access via Ponderosa Street, which will provide adequate access for EMS. Criteria 3: The proposed use is in harmony with the Comprehensive Plan. Findings: The use is not changing. The use will continue to be consistent and compatible with the Comprehensive Plan. The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Suburban Residential (SR) land use classification. The SR Land Use Classification is defined in the Comprehensive Plan: Suburban Residential is intended for single-family and multi-family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are required or planned. Some developments may be required to construct streets to a paved standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate. RELEVENT GOALS In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and Implementation”, several goals and objectives are met from the proposed expansion. Goal 1 – Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 3 – Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Goal 5 – Provide transportation systems that are efficient and adequate to serve the regional needs of the community. Objective T-5 Transportation improvements needed to serve new developments shall be in place at the time new development impacts occur. Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: There is no change in use. City water and sewer services are available to serve the subject property. North Forest Drive is a paved and City-maintained road. Access will also be provided via the ROW easement to/from Ponderosa Street, which will be reduced to a minimum 30-foot ROW easement on the adjacent property and subject to meeting city standards. Page 12 Resolution PZ2023-18 Conditional Use Permit Modification Assisted Living Facility Page 4 of 4 Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: There is no change in use. The modification will not be harmful to public safety, health, or welfare. The modification will provide adequate access for EMS, which promotes public safety by providing additional access. Criteria 6: Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: Additional or specific conditions are not necessary to address the above- mentioned criteria. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use modification were mailed to property owners within a three hundred-foot (300’) periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. City staff submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use permit modification request. No public comments have been received. STAFF RECOMMENDATION Staff finds that the requested modification meets the criteria for issuance of a Conditional Use Permit modification as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2023-18 approving the modification to the Conditional Use Permit, subject to the conditions in CUPs (Resolutions PZ12-22, PZ15-24, and PZ2023-05) and the following condition: 1. Obtain a minimum 30-foot in width right of way easement on the adjacent property for ingress and egress from/to Ponderosa Street. ATTACHMENTS Aerial Map Plans Resolution PZ2023-05 Page 13 !$#& #&!& "&-F"& && !"& %& & & && K~NAI N I I I I I I Page 14 10' UTILITY EASEMENT 15 ' U T I L I T Y E A S E M E N T 10' UTILITY ESMT. 10' UTIL. ESMT. PER 2012-012145-0 KRD 10' UTILITY EASEMENT CP 62 CP 61 CP 60 CP 63 CP 64 CP 65 FF=109.8' FF=108.4' FF=108.2' FF=109.8' NO R T H F O R E S T D R . 10 0 ' R/ W PO N D E R O S A S T 6 0 ' R/ W UTIL. ESMT. PER 2012-012093-0 KRD LIGHT POLE CULVERT TREELINE STORM DRAIN W/ MANHOLE SEWER LINE W/ MANHOLE WATERLINE W/ VALVE UNDERGROUND ELECTRIC OVERHEAD ELECTRIC FIRE HYDRANT POWER POLE W/ GUY ANCHOR ELEVATION CONTOUR SPOT ELEVATION EDGE OF ASPHALT SIGN STRUCTURE CONCRETE CLEANOUT CURB & GUTTER W/ TYPE CURB STORM INLET DECIDUOUS TREE SPRUCE TREE GROUND WATER MONITORING WELL UNDERGROUND FIBER OPTIC UNDERGROUND TELEPHONE LIGHT BOLLARD TELEPHONE BOX BASEMAP PROPERTY LINES PROPERTY LINE EASEMENT LINE ASPHALT PAVEMENT RECOVERED MONUMENT RECOVERED REBAR CAP 280 TOPSOIL & SEEDING DRAINAGE DIRECTION FG 90.50' CONCRETE - HEATED FOOTING DRAIN CLEANOUT UNDERGROUND GAS SIGN BUILDING SETBACK SHEET SHEET TITLE DRAWN BY: DATE: BWL OF CHECKED BY: SCALE: JOB NUMBER: DOCUMENTS REVIEW 10 7/14/23 BWL NOTED 2309 GRAPHIC SCALE A C0.0 1" = 50' 050'100' 1. THIS DRAWING CONTAINS INFORMATION OBTAINED FROM A SITE SURVEY CONDUCTED BY PENINSULA SURVEYING USING CONVENTIONAL & RTK - GPS SURVEY TECHNIQUES. 2. HORIZONTAL CONTROL IS BASED OFF OF MONUMENTS RECOVERED BARTLETT STREET AND FAIRVIEW AVE. ROW. COORDINATES ARE ASSUMED. 3. VERTICAL CONTROL IS GPS DERIVED NAVD88, POST PROCESSED BY OPUS. 4. TEMPORARY BENCHMARK IS LOCATED ON FIRE HYDRANT AS NOTED IN THE DRAWING. 5. LOCATION OF UNDERGROUND UTILITIES WERE OBTAINED FROM UTILITY LOCATES AND RECORD DRAWINGS AND ARE CONSIDERED APPROXIMATE 6. A TITLE REPORT WAS NOT PREPARED FOR THIS PROJECT. EASEMENTS OF RECORD OTHER THAN THOSE SHOWN ON THE RECORDED PLATS ARE NOT SHOWN HEREON. ASS'Y ASSEMBLY APPROX APPROXIMATE BEG BELOW EXISTING GRADE BLDG BUILDING BOP BOTTOM OF PIPE C&G CURB AND GUTTER CI,CIP CAST IRON PIPE CL CENTER LINE,CLASS CJ CONTRACTION JOINT CONC CONCRETE CONST CONSTRUCT COR CORNER CPEP CORRUGATED POLYETHYLENE PIPE CU COPPER DC DEPRESSED CURB DET DETAIL DIA DIAMETER DI, DIP DUCTILE IRON PIPE DW DRIVEWAY DWG DRAWING E EAST, ELECTRIC LINE EA EACH EJ EXPANSION JOINT EL, ELEV ELEVATION EOP END OF PROJECT EP EDGE OF PAVEMENT ESMT EASEMENT EXIST, EX EXISTING F FOUND FG FINISH GRADE FL FLOW LINE FT FOOT, FEET G GAS GD GROUND GR GRADE GV GATE VALVE HDPE HIGH DENSITY POLY ETHYLENE HORIZ HORIZONTAL HYD HYDRANT IE INVERT ELEVATION INT INTERSECTION INV INVERT L LENGTH LF LINEAR FEET LT LEFT MAX MAXIMUM ME MATCH EXISTING MFR, MNFR MANUFACTURER MIN MINIMUM MON MONUMENT N NORTH NFS NON FROST SUSCEPTIBLE NTS NOT TO SCALE OC ON CENTER OH OVERHEAD PCC PORTLAND CEMENT CONCRETE PC POINT OF CURVATURE PED PEDESTAL PI POINT OF INTERSECTION PL PROPERTY LINE PP POWER POLE PT POINT OF TANGENCY PVMT PAVEMENT R RADIUS, RECORD RD ROAD ROW RIGHT OF WAY RP RADIUS POINT RT RIGHT S SOUTH, SLOPE SEC SECTION SCH SCHEDULE SHLD SHOULDER SHT SHEET SPEC SPECIFICATIONS STA STATION TB THRUST BLOCK TBC TOP BACK OF CURB TBD TO BE DETERMINED TBM TEMPORARY BENCH MARK TC TOP OF CONCRETE TCE TEMPORARY CONSTRUCTION EASEMENT THK THICK TP TELEPHONE PEDESTAL TEL,T TELEPHONE TEMP TEMPORARY TRANS TRANSITION, TRANSFORMER TYP TYPICAL UG UNDERGROUND W/ WITH W/O WITHOUT WWR WELDED WIRE REINFORCEMENT ABBREVIATIONS LEGEND SURVEY NOTES 1.) LOCATION OF UNDERGROUND UTILITIES ARE APPROXIMATE. ACTUAL DEPTH, NUMBER AND LOCATION UNKNOWN. BURIED UTILITIES OTHER THAN THOSE SHOWN ON THE PLANS MAY BE PRESENT. THE CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATION, IDENTIFYING, AND WORKING AROUND ALL UTILITIES WITHIN THE PROJECT LIMITS AT NO ADDITIONAL COST TO THE OWNER. CALL FOR LOCATES PRIOR TO EXCAVATION, ALASKA DIGLINE 1-800-478-3121. 2.) THE FOLLOWING ALASKA STATUTES APPLY TO WORK NEAR OVERHEAD ELECTRIC LINES: AS 18.60.670 PROHIBITION AGAINST PLACEMENT OF EQUIPMENT NEAR ELECTRICAL POWER LINES AND CONDUCTORS. A PERSON INDIVIDUALLY OR THROUGH AN AGENT OR EMPLOYEE MAY NOT (1) PLACE ANY TYPE OF TOOL, EQUIPMENT, MACHINERY OR MATERIAL THAT IS CAPABLE OF LATERAL, VERTICAL OR SWINGING MOTION, WITHIN 10' OF HIGH VOLTAGE OVERHEAD ELECTRICAL LINE OR CONDUCTOR; (2) STORE, OPERATE, ERECT, MAINTAIN, MOVE OR TRANSPORT TOOLS, MACHINERY, EQUIPMENT, SUPPLIES, MATERIALS, APPARATUS, BUILDINGS, OR OTHER STRUCTURES WITHIN 10 FEET OF A HIGH VOLTAGE OVERHEAD ELECTRICAL LINE OR CONDUCTOR. AS 18.60.680 ANY WORK WITHIN MINIMUM DISTANCE STATED ABOVE SHALL REQUIRE CONTACT WITH HEA TO INSTALL TEMPORARY MECHANICAL BARRIERS, TEMPORARY DE-ENERGIZATION AND GROUNDING, OR TEMPORARY RAISING OF CONDUCTORS. 3.) THE CONTRACTOR SHALL RESTORE ALL DISTURBED PROPERTY OUTSIDE LIMITS OF WORK TO ORIGINAL CONDITIONS. 4.) CONTRACTOR SHALL ADHERE TO LOCAL REQUIREMENTS FOR NOISE, HOURS OF OPERATION, AND DUST CONTROL. 5.) NEW ELEVATIONS ARE TO TOP OF CONCRETE, CURB, ASPHALT, FLOW LINE, OR GENERAL FINISH GRADE UNLESS NOTED OTHERWISE. 6.) EXCAVATION LIMITS SHALL BE AS FOLLOWS: BUILDING: 4 FT BEYOND EDGE OF FOOTING HORIZONTAL AND 4-FT BELOW FOOTINGS TYPICAL OR NATIVE NFS SOILS. SITE CONCRETE: 2-FT BEYOND EDGE OF CONCRETE HORIZONTAL AND 2.5-FT BELOW CONCRETE, OR NATIVE NFS SOILS. ASPHALT PAVING: 2-FT BEYOND EDGE OF PAVEMENT HORIZONTAL AND 2.5-FT BELOW ASPHALT OR NATIVE NFS SOILS. 7.) TOPSOIL & SEED ALL AREAS DISTURBED BY CONSTRUCTION AND AS SHOWN ON THE PLAN. GENERAL NOTES CONTROL PLAN ABBREVIATIONS AND NOTES 1 TR A CT -J5 KN 1470 T R A C T -36A KN 2016-62 4.640 AC r------------------•--- r-----------____ J -1--------------~ '7 --7 CONTROL POINTS POINT DESCRIPTION NORTHING EASTING ELEVATION 60 SW BOLT LIGHT POLE 3951 .81 9976.81 109.64 61 SW BOLT LIGHT POLE 3788.46 9977.63 110.16 62 1/2" REBAR PROPERTY CORNER 3679.22 9954.83 108.59 63 NE BOLT LOWER FLANGE HYDRANT 3890.10 9588.43 108.08 64 1/2" REBAR PROPERTY CORNER 3679.49 9344.64 107.58 65 5/8" REBAR PROPERTY CORNER 4010.64 9343.18 106.82 8 :VEY CONTROL TR A C T -A-1 BLK 2 KN 78-97 i l':I l·I □ ~ • ~ ~~ .£, ~ ~ . ~ z 0 e--p i== u 0 ...J ...J Cl en <C w en '------< ii: z D.. w a: w ~ I- ~ ~ ~ z w w ~ ~ w w er:: w 5 (.) a: u z (!) <( w z ~ a. ii: ~ D.. w en ~ 7777777c ~ ® 4 0 * • ~ • -----.t--- Page 15 CONCRETE SIDEWALK SIDEWALK SIDEWALK SIDEWALK GRAVEL GRAVEL SIDEWALK 10' UTILITY EASEMENT 15 ' U T I L I T Y E A S E M E N T 10' UTILITY ESMT. 10' UTIL. ESMT. PER 2012-012145-0 KRD 10' UTILITY EASEMENT ASPHALTASPHALT ASPHALT ASPHALT CONCRETE ASPHALT UTIL. ESMT. PER 2012-012093-0 KRD SHEET SHEET TITLE DRAWN BY: DATE: BWL OF CHECKED BY: SCALE: JOB NUMBER: DOCUMENTS REVIEW 10 7/14/23 BWL NOTED 2309 GRAPHIC SCALE A C1.0 1" = 30' 030'60' EXISTING SITE CONDITIONS 2 UNSUBDIVID D f /( -------I -,,-[ LOT 6 / LOT 7 BLK 2 KN 78-97 I BLK 2 KN 78-97 _.,.. I I ,, I I // I I / I I I I I ,.,, I ~-1 --I ---I .? A C T -.4-t T R BLK 2 KN 78-97 I ,._ I I I I I I I I I I I I I Page 16 CONCRETE SIDEWALK SIDEWALK SIDEWALK SIDEWALK GRAVEL GRAVEL SIDEWALK 10' UTILITY EASEMENT 15 ' U T I L I T Y E A S E M E N T 10' UTILITY ESMT. 10' UTIL. ESMT. PER 2012-012145-0 KRD 10' UTILITY EASEMENT ASPHALTASPHALT ASPHALT ASPHALT CONCRETE UTIL. ESMT. PER 2012-012093-0 KRD DEMOLITION LEGEND SAW-CUT, REMOVE AND DISPOSE OF EXISTING ASPHALT PAVEMENT SAW-CUT, REMOVE AND DISPOSE OF EXISTING CONCRETE EXISTING LUMINARE LIMITS OF DEMOLITION LIMITS OF EXCAVATION 1 DEMOLITION NOTE CLEARING AND GRUBBING REQUIRED BASE BID SHEET SHEET TITLE DRAWN BY: DATE: BWL OF CHECKED BY: SCALE: JOB NUMBER: DOCUMENTS REVIEW 10 7/14/23 BWL NOTED 2309 GRAPHIC SCALE A C1.1 1" = 30' 030'60' 2 LIMITS OF DEMOLITION FOR ASPEN CREEK KENAI EXPANSION. LIMITS OF EXCAVATION, REMOVE ALL FROST SUSCEPTIBLE SOILS BENEATH PROPOSED BUILDING FOUNDATION, CONCRETE SIDEWALKS, AND ASPHALT PAVING PER NOTE 6 OF THE GENERAL NOTES. 1 REMOVE AND DISPOSE OF EXISTING CONCRETE SIDEWALK.3 REMOVE AND DISPOSE OF EXISTING CONCRETE CURB AND GUTTER.4 REMOVE AND DISPOSE OF EXISTING ASPHALT PAVEMENT. RE-GRADE GRAVEL SURFACE AS REQUIRED.5 6 REMOVE WOOD SHED FROM WORK AREA, COORDINATE WITH OWNER'S REPRESENTATIVE FOR PLACEMENT ON SITE AS SHOWN PER SITE PLAN. DEMOLITION NOTES 2 2 2 2 2 2 43 43 43 43 6 5 DEMOLITION PLAN 3 7 7 REMOVE SIGN FROM WORK AREA, COORDINATE WITH OWNER'S REPRESENTATIVE FOR PLACEMENT ON SITE AS SHOWN PER SITE PLAN. wr;n 1111111111111 f1 :J:•:1' ;, •tl" 11 ~ 0 UNSUBDIVID£D LOT 8 BLK 4 KN 85-209 e :OLITION PLAN i "'_,,_,_ff_.,.,,.! 0 0 0 0 0 0 0 LOT 7 BLK 2 KN 78-97 T RA C T -35 KN 1470 T R A C T -36.4 KN 2016-62 4.?\ LOT 6 BLK 2 KN 78-97 /' I I j I T R A C T -A-1 BLK 2 KN 78-97 ~~ I ,!.,_,_ ~ I \~ r "' ~ ; l----+--+-t--+---t--11 i g. -~ l'l"J .. in Page 17 10' UTILITY EASEMENT 15 ' U T I L I T Y E A S E M E N T 10' UTILITY ESMT. 10' UTIL. ESMT. PER 2012-012145-0 KRD 10' UTILITY EASEMENT EXIST. SHED (E) F.H. ONE WAY ONE WAY ONE WAY ONE WAY EXISTING ONE STORY BUILDING EXISTING ONE STORY BUILDING EXISTING ASPHALT EXISTING BLDG. 1 EXISTING BLDG. 2 DEDICATED SNOW REMOVAL SPACE DEDICATEDSNOW REMOVAL SPACE EXISTING TWO STORY BUILDING TRASH ENCLOSURE DEDICATEDSNOW REMOVAL SPACE DEDICATED SNOW REMOVAL SPACE FIRE/ DELIVERY ZONE DEDICATED SNOW REMOVAL SPACE DEDICATED SNOW REMOVAL SPACE UTIL. ESMT. PER 2012-012093-0 KRD C4.2 A C4.2 A SHEET SHEET TITLE DRAWN BY: DATE: BWL OF CHECKED BY: SCALE: JOB NUMBER: DOCUMENTS REVIEW 10 7/14/23 BWL NOTED 2309 GRAPHIC SCALE A C2.0 1" = 30' 030'60' R 3 0 . 0 ' ASPHALT SURFACE PARKING LANDSCAPED ISLAND WITH 6" CURB ALL AROUND LANDSCAPED ISLAND WITH 6" CURB ALL AROUND 130.0' (13) SPACES @ 10'-0" 20 . 0 ' TY P . 0. 7 ' TY P . 130.0' (13) SPACES @ 10'-0" 40 . 0 ' ( 4 ) S P A C E S @ 1 0 ' - 0 " 72.0' (8) SPACES @ 9'-0" R 2 0.0' 12 . 0 ' NEW 10' WIDE EMPLOYEE ACCESS EXIT NEW 10' WIDE EMPLOYEE ACCESS ENTRANCE NEW DRIVEWAY ACCESS ENTRANCE 31 . 9 ' 85 . 5 ' I N S T A L L N E W C U R B & G U T T E R 30 . 8 ' NEW DRIVEWAY ACCESS EXIT 20 . 0 ' ( 2 ) S P A C E S @ 1 0 ' - 0 " NEW BUILDING NEW BUILDING SITE PLAN 4 15 . 0 ' 20.0'180.0' (18) SPACES @ 10'-0" R20.0' 10 . 0 ' 60 . 0 ' ( 6 ) S P A C E S @ 1 0 ' - 0 " R30' R 3 0' 72.0' (8) SPACES @ 9'-0" 24 . 0 ' 24.0' CONNECT TO EXISTING PONDEROSA STREET PARKING TABLE EAST PARKING LOT (16) TOTAL 9'-0" WIDE GENERAL PARKING SPACES (1) TOTAL ADA PARKING SPACE (1) TOTAL ADA VAN PARKING SPACE WEST PARKING LOT (51) TOTAL 10'-0" WIDE GENERAL PARKING SPACES (2) TOTAL ADA PARKING SPACES 24.0' 40 . 0 ' 5. 0 ' 4.0'4.0'5. 0 ' 6. 6 ' 5.0' 5.0' 5. 0 ' 5.0' 5. 0 ' 10.0' 40 . 0 ' 5.2' 5.0' TYP. 5.0' TYP. UNSUBDIVIDED LOT 8 BLK 4 KN 85-209 LOT 7 BLK 2 KN 78-97 LOT 6 BLK 2 7 KN 78-9., -.I' ' ""' I "" ::~, ---u ... · .. ··. 1-.1 .. !9.· X? ,?Ill ~~ ~ Page 18 16 10' UTILITY EASEMENT 15 ' U T I L I T Y E A S E M E N T 10' UTILITY ESMT. 10' UTIL. ESMT. PER 2012-012145-0 KRD 10' UTILITY EASEMENT EXIST. SHED (E) F.H. ONE WAY ONE WAY ONE WAY ONE WAY EXISTING ONE STORY BUILDING EXISTING ONE STORY BUILDING EXISTING ASPHALT EXISTING BLDG. 1 EXISTING BLDG. 2 DEDICATED SNOW REMOVAL SPACE DEDICATED SNOW REMOVAL SPACE EXISTING TWO STORY BUILDING TRASH ENCLOSURE DEDICATED SNOW REMOVAL SPACE DEDICATED SNOW REMOVAL SPACE FIRE/ DELIVERY ZONE DEDICATED SNOW REMOVAL SPACE DEDICATED SNOW REMOVAL SPACE UTIL. ESMT. PER 2012-012093-0 KRD 1 2 3 4 5 67 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3536 37 38 39 40 41 42 43 45 46 47 48 4950 51 53 54 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 7980 81 82 83 84 87 8889 90 91 92 93 94 95 96 9798 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 SHEET SHEET TITLE DRAWN BY: DATE: BWL OF CHECKED BY: SCALE: JOB NUMBER: DOCUMENTS REVIEW 10 7/14/23 BWL NOTED 2309 GRAPHIC SCALE A C2.1 1" = 30' 030'60' SITE LAYOUT PLAN 5 UNSUBDIVIDED ,--~=-~-~~---•-•-•-•-•=·=·-· I f -"=5--I I r 1°'l Ir:/° I \I l 1 I l 1 I l I I l I I l I I I 1 I i I I i I I i I I i I +--1---+----- -I j I LOT 8 I I BLK 4 I I KN 85-209 : ~7 I -. KN 2016-62 4.640 AC °"\ ~111111111111111~ °'\ ~ ~°\= ll!_I !__J_ I -w-w-w-111-w -w LOT 7 BLK 2 KN 78-97 LOT 5 BLK 2 KN 78-97 -~~ ... ~-~ ... ~~~~ ...... ~" • ""' ---_::. l'"""'r.q --~-----/ I ~ 1 n' I e I 1 • .,, Page 19 PO I N T S C H E D U L E Po i n t # 12345678910111213141516171819202122232425262728293031323334353637383940 No r t h i n g 39 4 7 . 3 4 39 3 2 . 3 4 39 3 2 . 3 4 39 2 7 . 3 4 39 2 7 . 3 4 38 6 8 . 3 4 38 6 8 . 3 4 38 5 8 . 3 4 38 5 8 . 3 4 38 0 4 . 3 4 38 0 4 . 3 4 38 3 4 . 3 4 38 3 4 . 3 4 38 2 9 . 3 4 38 2 9 . 3 4 36 8 0 . 2 4 38 1 2 . 9 3 38 2 9 . 3 4 38 2 9 . 3 4 38 1 2 . 9 3 38 1 2 . 9 3 38 2 9 . 3 4 38 2 9 . 3 4 38 2 9 . 3 4 37 1 6 . 7 2 37 1 6 . 7 2 36 9 6 . 7 2 36 8 6 . 7 2 37 1 6 . 7 2 38 0 4 . 3 4 37 0 7 . 1 6 36 8 6 . 7 2 37 0 7 . 1 4 36 7 6 . 7 2 37 2 5 . 8 6 37 1 6 . 7 2 37 6 8 . 5 7 37 6 8 . 5 7 39 2 5 . 2 4 39 2 5 . 2 4 Ea s t i n g 94 2 7 . 1 3 94 2 7 . 1 3 94 2 2 . 1 3 94 2 2 . 1 3 93 9 3 . 1 3 93 9 3 . 1 3 93 8 3 . 1 3 93 8 3 . 1 3 92 2 1 . 4 7 91 6 7 . 4 7 91 9 1 . 4 7 92 2 1 . 4 7 93 4 3 . 5 6 93 4 3 . 5 6 95 6 2 . 2 2 93 4 2 . 7 2 95 6 6 . 2 2 95 6 6 . 2 2 96 0 0 . 4 7 96 0 0 . 4 7 96 0 4 . 4 7 96 0 4 . 4 7 96 1 5 . 7 9 96 2 8 . 4 7 96 1 7 . 1 3 96 2 7 . 1 3 96 4 7 . 1 3 96 4 7 . 1 3 96 4 7 . 1 3 92 2 1 . 4 7 99 6 8 . 0 9 99 5 8 . 6 7 99 8 1 . 1 7 99 8 1 . 0 9 99 4 9 . 3 9 99 3 1 . 3 9 99 3 1 . 3 9 98 59. 39 98 5 9 . 3 9 99 3 1 . 3 9 De s c r i p t i o n EPEP CE N T E R O F 5 ' R A D I U S EPEPEP CE N T E R O F 1 0 ' R A D I U S EPEPEPEPEPEPTCTCTCTCTCTCTCTCTCTCTCTCEPEPEP CE N T E R O F 2 0 ' R A D I U S CE N T E R O F 3 0 ' R A D I U S EPEPEPEPEPEPEPEPEPEP PO I N T S C H E D U L E Po i n t # 41424345464748495051535457585960616263646566676869707172737475767778798081828384 No r t h i n g 39 9 5 . 1 4 39 7 5 . 1 4 40 0 5 . 1 4 39 6 4 . 7 1 39 6 4 . 7 1 38 8 8 . 3 5 40 1 5 . 6 0 39 8 4 . 7 1 39 8 4 . 7 1 40 3 5 . 1 4 38 0 2 . 8 2 37 2 5 . 8 6 37 1 6 . 7 2 36 9 6 . 7 2 39 7 5 . 1 4 37 6 3 . 5 7 37 6 3 . 5 7 38 3 0 . 4 4 38 3 0 . 4 4 38 4 2 . 8 3 38 5 4 . 3 6 38 6 6 . 7 5 38 6 6 . 7 5 39 3 0 . 2 4 39 3 0 . 2 4 38 8 2 . 3 8 38 8 2 . 2 4 38 3 8 . 6 1 38 8 2 . 3 8 38 6 2 . 3 8 38 6 2 . 4 2 38 3 6 . 6 1 38 5 8 . 6 1 38 6 0 . 6 1 38 6 0 . 6 1 38 5 8 . 6 1 38 3 8 . 6 1 38 3 6 . 6 1 38 3 4 . 7 2 38 0 9 . 2 4 Ea s t i n g 99 1 1 . 3 9 99 3 1 . 3 9 99 5 7 . 0 8 99 4 9 . 3 9 99 6 9 . 3 9 99 8 0 . 5 1 99 7 9 . 8 7 99 8 0 . 0 7 99 6 9 . 3 9 99 5 7 . 0 8 99 8 0 . 8 7 99 6 8 . 0 9 99 1 1 . 3 9 99 1 1 . 3 9 99 1 1 . 3 9 99 3 1 . 3 9 98 5 4 . 3 9 98 5 4 . 3 9 98 4 9 . 4 6 98 4 9 . 4 6 98 4 9 . 3 9 98 4 9 . 3 9 98 5 4 . 3 9 98 5 4 . 3 9 99 3 1 . 3 9 98 9 3 . 3 9 99 1 1 . 0 8 99 1 2 . 8 9 99 0 0 . 0 4 99 0 0 . 0 4 98 9 3 . 3 9 99 1 0 . 8 9 99 1 2 . 8 9 99 1 0 . 8 9 98 9 5 . 8 9 98 9 3 . 8 9 98 9 3 . 8 9 98 9 5 . 8 9 98 9 3 . 3 9 98 9 3 . 3 9 De s c ri p t i o n EPEPEP CEN T E R O F 3 0 ' R A D I U S CE N T E R O F 3 0 ' R A D I U S EPEPEPEP CE N T E R O F 3 0 ' R A D I U S EP CE N T E R O F 2 0 ' R A D I U S CE N T E R O F 2 0 ' R A D I U S CE N T E R O F 3 0 ' R A D I U S CE N T E R O F 2 0 ' R A D I U S TCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTC TB C TB C TB C TB C TB C TB C TB C TB C TC PO I N T S C H E D U L E Po i n t # 87888990919293949596979899 10 0 10 1 10 2 10 3 10 4 10 5 10 6 10 7 10 8 10 9 11 0 11 1 11 2 11 3 11 4 11 5 11 6 11 7 11 8 11 9 12 0 12 1 12 2 12 3 12 4 12 5 12 6 No r t h i n g 38 0 9 . 2 4 38 3 4 . 7 2 38 4 0 . 9 4 38 5 3 . 3 6 38 5 3 . 3 6 38 8 5 . 5 3 38 8 5 . 5 3 39 2 2 . 3 4 39 2 7 . 3 9 39 2 2 . 3 4 39 1 4 . 9 5 39 1 4 . 9 7 39 2 2 . 3 4 39 2 7 . 3 9 39 5 8 . 2 4 39 6 5 . 2 4 39 5 8 . 2 4 39 6 5 . 2 4 39 5 8 . 2 4 39 2 7 . 3 9 39 2 7 . 3 9 39 2 2 . 3 4 37 7 9 . 6 5 37 7 9 . 6 5 37 7 2 . 8 1 37 7 2 . 8 1 37 7 2 . 8 1 37 7 2 . 8 1 38 0 0 . 4 8 38 0 0 . 4 8 37 6 7 . 7 6 37 6 7 . 7 7 37 3 3 . 3 0 37 2 6 . 2 2 37 7 4 . 6 5 37 7 4 . 6 5 37 7 9 . 6 5 37 6 0 . 1 4 37 6 0 . 1 4 37 7 9 . 6 5 Ea s t i n g 99 0 0 . 0 4 99 0 0 . 0 4 97 8 3 . 0 1 97 8 3 . 0 1 97 8 6 . 3 4 97 8 6 . 3 4 97 7 6 . 8 4 97 7 6 . 8 4 97 9 1 . 5 1 97 3 5 . 6 1 97 3 5 . 6 1 97 2 9 . 4 4 97 2 9 . 4 4 96 9 9 . 1 8 96 9 9 . 1 8 96 9 3 . 8 6 97 0 2 . 9 3 97 0 2 . 9 3 96 9 3 . 8 6 96 9 4 . 1 8 96 8 2 . 4 2 96 8 7 . 5 8 96 8 7 . 5 8 97 0 1 . 1 3 97 0 1 . 1 3 97 2 9 . 6 6 97 3 5 . 7 5 97 8 2 . 9 9 97 8 2 . 9 7 97 6 1 . 6 3 97 8 3 . 0 0 97 0 1 . 1 3 97 0 1 . 1 3 96 9 6 . 1 3 96 9 6 . 1 3 96 7 8 . 4 7 96 7 3 . 4 7 96 7 3 . 4 7 96 7 8 . 4 7 96 8 2 . 4 2 De s c r i p t i o n TCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTC PO I N T S C H E D U L E Po i n t # 12 7 12 8 12 9 13 0 13 1 13 2 13 3 13 4 13 5 13 6 13 7 13 8 13 9 14 0 14 1 14 2 14 3 14 4 14 5 14 6 14 7 14 8 14 9 15 0 15 1 No r t h i n g 38 0 6 . 5 7 38 1 2 . 9 3 38 2 9 . 3 4 38 0 6 . 3 5 38 1 2 . 9 8 38 9 5 . 8 2 38 9 5 . 8 2 38 6 5 . 8 2 38 6 5 . 8 2 38 9 5 . 8 2 38 6 5 . 8 2 39 4 7 . 3 4 39 3 2 . 3 4 39 3 2 . 3 4 39 3 2 . 3 4 39 3 2 . 3 4 39 3 2 . 3 4 39 3 2 . 3 4 39 3 9 . 3 0 39 3 9 . 3 0 39 2 7 . 3 4 39 7 5 . 1 4 39 7 5 . 1 4 39 9 5 . 1 4 40 0 5 . 1 4 Ea s t i n g 96 8 2 . 4 2 96 8 2 . 4 2 96 8 2 . 4 2 96 2 7 . 1 3 96 2 7 . 1 3 94 4 2 . 1 6 94 5 2 . 1 6 94 4 2 . 1 7 94 5 2 . 1 7 94 4 7 . 1 6 94 4 7 . 1 7 96 0 7 . 1 3 96 0 7 . 1 3 96 1 7 . 1 3 96 1 2 . 1 3 96 2 7 . 1 3 96 3 2 . 1 3 96 3 7 . 1 3 96 3 7 . 1 3 96 5 7 . 1 4 96 5 7 . 1 4 96 2 7 . 1 3 96 1 7 . 1 3 96 4 7 . 1 3 96 4 7 . 1 3 De s c r i p t i o n TCTCTCTCTCTCTCTCTC CE N T E R O F 5 ' R A D I U S CE N T E R O F 5 ' R A D I U S EPEPEPEPEPEPEPEPEPEPEPEPEPEP SH E E T SH E E T T I T L E DR A W N B Y : DA T E : BW L OF CH E C K E D B Y : SC A L E : JO B N U M B E R : DO C U M E N T S RE V I E W 10 7/ 1 4 / 2 3 BW L NO T E D 23 0 9 GR A P H I C S C A L E AC2 . 1 NT S 0N T S N T S SI T E L A Y O U T PL A N - P O I N T SC H E D U L E 6 JT PLAN -POINT SCHEDULE iiiliiiiiiiiiii Page 20 10' UTILITY EASEMENT 15 ' U T I L I T Y E A S E M E N T 10' UTILITY ESMT. 10' UTILITY EASEMENT EXIST. SHED (E) F.H. ONE WAY ONE WAY ONE WAY ONE WAY EXISTING ONE STORY BUILDING EXISTING ASPHALT EXISTING BLDG. 1 EXISTING BLDG. 2 DEDICATED SNOW REMOVAL SPACE DEDICATED SNOW REMOVAL SPACE EXISTING TWO STORY BUILDING TRASH ENCLOSURE FIRE/ DELIVERY ZONE DEDICATED SNOW REMOVAL SPACE DEDICATED SNOW REMOVAL SPACE SHEET SHEET TITLE DRAWN BY: DATE: BWL OF CHECKED BY: SCALE: JOB NUMBER: DOCUMENTS REVIEW 10 7/14/23 BWL NOTED 2309 GRAPHIC SCALE A C3.0 1" = 20' 020'40' EAST GRADING PLAN 7 DRAINAGE SWALE GREEN SPACE KN 1470 T R A C T -36A KN 2 0 16 -62 4 .64 0 AC \ I I I I I I I I I I I \ \ e EAST GRADING PLAN l.j.........j z 0 i== u 0 ::I Cl en <C w <C ~ a5 ffi ~ I-m ffi w ~ <C a:: ltl ~ u ~ ~ z u ..... w C) a. ~ < ~ ~ ~ Page 21 10' UTILITY ESMT. 10' UTIL. ESMT. PER 2012-012145-0 KRD 10' UTILITY EASEMENT EXIST. SHED (E) F.H. ONE WAY ONE WAY EXISTING ONE STORY BUILDING EXISTING ONE STORY BUILDING EXISTING ASPHALT EXISTING TWO STORY BUILDING TRASH ENCLOSURE DEDICATED SNOW REMOVAL SPACE DEDICATED SNOW REMOVAL SPACE FIRE/ DELIVERY ZONE DEDICATED SNOW REMOVAL SPACE DEDICATED SNOW REMOVAL SPACE UTIL. ESMT. PER 2012-012093-0 KRD SHEET SHEET TITLE DRAWN BY: DATE: BWL OF CHECKED BY: SCALE: JOB NUMBER: DOCUMENTS REVIEW 10 7/14/23 BWL NOTED 2309 GRAPHIC SCALE A C3.0 1" = 20' 020'40' WEST GRADING PLAN 8 T R A C T -36.A KN 2016 -62 4.640 AC ~ ., ~ I !i -.. .., .... \ \ D 11 1 11111111111 1 11 1 @W!i --\ \ \ ~ ~~~~ .. ----~~ s UNSUBDIV/0£0 r - - -- - - -- - - - -- - - -' 7-----ut1T1-r1t+-n1t11r--~/~t l1!i~ \ '"-w~-1 -•-•--i• 1 • \ ,_,_,_,',._;_,_,_,_,_,_,_w-w-w-w-w-w-w __j__W~>R~w-w-~ID~;;: r w-w-w-w7 -·v. •• " t . r" I \ I ~ ~ ~I;;,~~ :gin~:: l r-----------•.· < "·· •• 1 ···--~ .... ~-i ••• jUN~1 l ~,~ -~--------- ~k ----~-~-==--~c=--~~~~~~~ r------r"'~~:_..,._..;~---"-"--- i -I ~ ~ l I ! ~--~ ti Q ~ I ) .:= u r~ ·\ "~·••· :1t ~--U I "~ .. , ~--~ ;t-1 / ~ i ~ l -4=-/ u ~ ~ ln',J=105.5' --"-----~ INV=1057' ~--------~.,._.,__=L • Z U ...._ + 1-+ ----------7--~~ -~ _--:i'.""'~---~~ -~~.~-~2-~~-;-~ \-~ ; I i : --~ : LOT 8 I LOT 7 -:--------~~T ~ ----------I ---------__ ___. 9 1 rr 7 1 BLK 4 \ aLK 2 1 1 aLK 2 _ I I 11 I KN 85 -209 I KN 7 8-9 7 KN 7 8 -9 7 e EAST GRADING PLAN __, Page 22 6'-0" EDGE OF PAVEMENT CURB TRANSITION 1 2:1 UNLESS NOTEDOTHERWISE 24" CAST IN PLACE DETECTABLE WARNING TILE, YELLOW 6'-0" 6'-0" 6'-0" NEW CONCRETE SIDEWALK GRADE BREAK NEW CONCRETE SIDEWALK 5'-0" OR AS SHOWN ON THE PLANS 1/2" RADIUS -1.75% TYP. 6"6" 10" (1) NO.4 REBAR CONT. 1/2" RADIUS TYP. MIN. 2'-0" OVER EXCAVATION BEYOND CONCRETE TYP. SIDEWALK NOTE: SCORE CONTRACTION JOINTS @ 4'-0" O/C AND INSTALL EXPANSION JOINTS @ 48'-0" O/C MAX. SEAL EXPANSION JOINT WITH JOINT SEALANT PER SPECIFICATION. 4" THK CONCRETE WALK W/ 6X6 - W1.4 x W1.4 WWR (1) NO.4 REBAR CONT. CLASSIFIED FILL CONFORMING TO TYPE IIA BELOW CONCRETE EXTENDING 2'-0" MIN. BEYOND EDGES OF CONCRETE SLOPE PER PLAN -2% TYP. 2'-0"4" TOPSOIL & SEEDING TYP. 2" ASPHALT PAVEMENT 2" LEVELING COURSE 6" TYP. TELSPAR 3" CO N C R E T E D E P T H SIGN SURFACE AREA SQ. FT.POST SIZE EMBEDMENT DEPTH CONCRETE DEPTH 7' OR LESS 2" X 2" 27" 24" PERFORATED STEEL TUBES (P.S.T.) (12ga. - .105" Wall Thickness) 12" 12" MAX EM B E D M E N T D E P T H 5/16" DIA. GALVANIZED BOLT, NUT, AND FLAT WASHERSFROM FINISHED LANDSCAPE GRADE PARKING FOR DISABLED ONLY BLUE 12X18 DISABLED PARKING SIGN CONFORMING TO ADA / ANSI A117.1, 0.80" THK ALUMINUM WHITE WHITE LETTERING NOTE: 1. SIGN SHALL BE MOUNTED AS REQUIRED FOR BOTTOM OF SIGN TO BE 7 FEET ABOVE FINISH GRADE. 2. SIGN SHALL FACE TOWARDS THE PARKING STALLS. 3. MOUNT SIGN ON 2X2 PERFORATED STEEL TUBE 8" 1' - 4 " 1-1/2" RADIUS 6" 8" 1' - 4 " 6" 4" TOPSOIL & SEEDING TYP. 2" ASPHALT PAVEMENT 2" LEVELING COURSE CLASSIFIED FILL CONFORMING TO TYPE IIA WIDTH VARIES PER PLAN S LO PE CURB NOTE: SCORE CONTRACTION JOINTS @ 10'-0" O/C AND INSTALL EXPANSION JOINTS @ ALL RADIUS POINTS OF TANGENCY AND 50'-0" O/C MAX. SEAL EXPANSION JOINT WITH JOINT SEALANT PER SPECIFICATION. 1/2" RADIUS TYP.SLOPE CURB PER PLAN CURB PER PLAN 6" TY P . SHEET SHEET TITLE DRAWN BY: DATE: BWL OF CHECKED BY: SCALE: JOB NUMBER: DOCUMENTS REVIEW 10 7/14/23 BWL NOTED 2309 GRAPHIC SCALE A C4.1 NTS 0NTSNTS GRAPHIC SCALE B C4.1 NTS 0NTS20' GRAPHIC SCALE C C4.1 NTS 0NTSNTS GRAPHIC SCALE E C4.1 NTS 0NTSNTS SITE DETAILS 9 ~ i !1-!i+-_-+-..,-+-..,_,_,.--... ' 7 I e :WALK CURB CUT DETAIL e :ICAL SIDEWALK DETAIL e :ICAL ADA SIGN AND POST DETAIL e ::CAL PARKING ISLAND SECTION (ADD ALT N0.1) Page 23 TYPICAL DRIVEWAY ENTRANCE (WITH ATTACHED SIDEWALK) TYPE 1 TYPE 4 TYPICAL SECTION - 24' STRIP PAVING SHEET SHEET TITLE DRAWN BY: DATE: BWL OF CHECKED BY: SCALE: JOB NUMBER: DOCUMENTS REVIEW 10 7/14/23 BWL NOTED 2309 GRAPHIC SCALE A C4.2 NTS 0NTSNTS SITE DETAILS 10 GRAPHIC SCALE B C4.2 NTS 0NTSNTS GRAPHIC SCALE C C4.2 NTS 0NTSNTS 2:1 MAX (SEE NOTE 1} NOTES: R.O.W. VARIES I-------VARIES ---------l It. STREET 2:1 MAX (SEE NOTE 1} 1. PLACE OR REMOVE AND GRADE MATERIAL IN A NEAT MANNER FROM EXCAVATION LIMITS TO EXISTING ELEVATION AT PROPERTY LINE OR AS DIRECTED BY THE ENGINEER. (MAXIMUM 2: 1 CUT AND FILL SLOPES) 2. ENGINEER WILL DETERMINE TI-lE DEPTI-l OF EXCAVATION. 3. UNLESS OTI-lERWISE APPROVED, TI-lE CENTERLINE OF STREET SHALL BE TI-JE CENTERLINE OF R.O. W. 8 TYPICAL 24' WIDE STREET SECTION liiiiiiiiiiiil 11'" NOTE: (~) 114· TROWEL BOTH FRONT AND BACK EDGES OF THE CURB & GUTTER TO A RADIUS OF ONE-HALF (1/2) INCH. SCORE CONTRACTION JOINTS O 10'-0" 0/C AND INSTALL EXPANSION JOINTS O ALL RADIUS POINTS OF TANGENCY AND 50'-o" o/c MAX. SEAL EXPANSION JOINT WITI-l JOINT SEALANT PER SPECIFICATION. 8 TYPICAL 24' WIDE STREET SECTION liiiiiiiiiiiil EXPANSION JOINT DRIVEWAY RAMP RUNNING SLOPE TABLE STREET RUNNING I MINIMUM UPHILL ·I MINIMUM DOWNHILL SLOPE RAl.4P LENGTI-l "L" RAMP LENGTI-l "L" 0.0" TO 0.5" I 6.0' I 6.0' 8 :CAL DRIVEWAY ENTRANCE z 0 .:= 0 0 <( <( z w ~ ~ w w c::: (.) z w a.. en <( I'] □ N 0 ...J ...J en w en i:i: c.. 0::: w I-z w ~ w w 0::: 0 C!) z i:i: c.. en ~ en <( ...J <( <( z w ~ Page 24 K~NAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-05 A RESOLUTION GRANTING AN AMENDMENT TO CONDITIONAL USE PERMITS FOR AN ASSISTED LIVING FACILITY. APPLICANT: Aspen Creek Kenai LLC c/o Douglas Clegg PROPERTY ADDRESS: 701 N. Forest Drive LEGAL DESCRIPTION : Tract 36A of Killen Estates 2014 Replat KENAI PENINSULA BOROUGH PARCEL NUMBER: 04321030 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on January 19, 2023; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code 14.20.150; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on March 22, 2023, following requirements outlined in Kenai Municipal Code 14 .20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; Findings The proposed expansion is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates an assisted living facility is a conditional use; therefore, a conditional use permit may be granted for an assisted living facility. The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy; (2) To prohibit uses which would: Page 25 Resolution No. PZ2023-05 Page 2 of 4 (A) Violate the residential character of the environment; (BJ Generate heavy traffic in predominantly residential areas. The proposed addition will expand the operation of the assisted living facilities with approved CUPs. There should be minimal traffic generated by the proposed addition. The proposal includes a landscape plan that will provide a separation from adjoining properties and will not violate the residential character of the area. 2. KMC 14. 20. 150(d)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired; Findings: The economic and noneconomic value of adjacent properties would not be significantly impacted by this change. A landscaping/site plan has been submitted and will be reviewed by Planning staff for compliance. Site plan review will require an orderly and safe development as well as landscaping to provide an attractive and functional separation/screening between uses. The proposed access from Ponderosa Road may increase traffic along Ponderosa Road but it is not anticipated that the proposed expansion to an assisted living facility would generate heavy traffic. The development of the paved right-of-way easement for access via Ponderosa Road may increase the development potential of the adjacent vacant lot. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Suburban Residential (SR) land use classification. The SR Land Use Classification is defined in the Comprehensive Plan: Suburban Residential is intended for single-family and multi-family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are required or planned. Some developments may be required to construct streets to a paved standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate. This property is located off of North Forest Drive, a collector street, which provides access to multiple neighborhoods. To the south of the development are Northgate Subdivision and the Church of the Latter Day Saints. The property to the north is undeveloped. Woodland Subdivision is located across North Forest Drive. There are several institutional uses along Forest Drive that complements the existing and surrounding uses. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", several goals and objectives are met from the proposed expansion. Goal 1 -Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Page 26 Resolution No. PZ2023-05 Page 3 of 4 Goal 3 -Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Goal 5 -Provide transportation systems that are efficient and adequate to se,ve the regional needs of the community. Objective T-5 Transportation improvements needed to se,ve new developments shall be in place at the time new development impacts occur. 4. KMC 14.20.150(d)(4) Public se,vices and facilities are adequate to se,ve the proposed use; Findings: City water and sewer are available to serve the proposed addition. There are adequate public services and facilities to serve the proposed expansion. North Forest is a paved and City-maintained road. Access will also be provided from Ponderosa Road, which will require a minimum 60-foot right-of-way easement on the adjacent property to meet city standards. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: An assisted living facility will not be harmful to public safety, health, or welfare. The proposed expansion does not change the existing use. The proposal provides a surplus of parking spaces and adequate landscaping that will minimize the impact to the surrounding area. The proposed addition will not negatively affect the public safety, health or welfare. 6. KMC 14. 150(d)(6) Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: To minimize impact on adjacent properties with the proposed one-way access, the following conditions are added. • Maintain a safe and clear passage of the 10-foot vehicle access so it remains free of obstruction and obstacles created by snow removal or the depositing of snow. Snow removal must not be pushed onto another property. • Prior to building permit issuance, provide an as-built survey to Planning & Zoning Department for verification that a minimum of 20 feet width for vehicular access and buffer are provided between the south building fac;ade and the south property line. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Page 27 Resolution No. PZ2023-05 Page4 of 4 Section 1. That an amendment to the conditional use permits is granted to Aspen Creek Kenai LLC for the expansion of the assisted living facility on the property described as Tract 36A of Killen Estates 2014 Replat, and located at 701 N. Forest Drive. Section 2. That the amendment to the conditional use permits is subject to the original conditions in CUPs (Resolution Nos. PZ12-22 and PZ15-24) and the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant's representative shall meet with City staff for an on-site inspection. 3. Obtain a minimum 60-foot right of way easement on the adjacent property for ingress and egress from/to Ponderosa Street. 4. Prior to building permit issuance, a landscape/site plan must be reviewed and approved by the Planning and Zoning Department. 5. Maintain a safe and clear passage of the 10-foot vehicle access so it remains free of obstruction and obstacles created by snow removal or the depositing of snow. Snow removal must not be pushed onto another property. 6. Prior to building permit issuance, provide an as-built survey to Planning & Zoning Department for verification that a minimum of 20 feet width for vehicular access and buffer are provided between the south building fa~ade and the south property line. 7. Applicant must obtain a sign permit for the proposed monument sign. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 22ND DAY OF MARCH, 2023. ATTEST: ~ Meghan Thibodeau, Deputy City Clerk Page 28 MEMORANDUM TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: September 26, 2023 SUBJECT: Action/Approval – Transfer of Conditional Use Permits (Resolutions PZ12-22, PZ15-24, and PZ2023-05) for an Assisted Living Facility The Planning and Zoning Commission granted several Conditional Use Permits (CUPs) for an assisted living facility (Resolution PZ12-22 for Building 1; Resolution PZ15-24 for Building 2; Resolution PZ2023-05 for an expansion to connect Buildings 1 and 2) on a property described as Tract 36A, Killen Estates 2014 Replat, located at 701 N. Forest Drive in the Suburban Residential (RS) zoning district. On September 11, 2023, the subject property was transferred from Brooks Holding, LLC and Miriam, LLC to Aspen Creek Kenai Property, LLC. A request to transfer the subject Conditional Use Permits (CUPs) was submitted by Transferor, Aspen Creek Kenai, LLC c/o Douglas Clegg in accordance with Kenai Municipal Code (KMC), as set forth below:  KMC 14.20.150(l)(5) A Conditional Use Permit is not transferable from one (1) parcel of land to another. Conditional Use Permits may be transferred from one (1) owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained.  KMC 14.20.157(a) No Conditional Use Permit issued hereunder shall be transferred until the proposed transferee has made application for transfer in writing filed with the administrative official, which application shall state that he intends to be bound by the plan and statements contained in the application of the permit holder or shall contain the amendments to the plan his proposed operation would mandate. The Commission shall approve the application for transfer and in so doing amend the site plan and statements if such amendments as are contained in the application for transfer would have been approved had they been contained in the original application. The transferee, Aspen Creek Kenai Property, LLC is required to operate under the terms and conditions of the associated CUPs (PZ12-22, PZ15-24, and PZ2023-05) and any subsequent amendments/modifications granted by the Planning and Zoning Commission. City of Kenai I 210 f=idalgo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city Page 29 Page 2 of 2 STAFF RECOMMENDATION Staff hereby recommends approval of the transfer of conditional use permits (Resolutions PZ12- 22, PZ15-24, and PZ2023-05) for an assisted living facility on a property described as Tract 36A, Killen Estates 2014 Replat located at 701 N. Forest Drive in the Suburban Residential (RS) zoning district, subject to the conditions as set forth in the associated conditional use permits and any subsequent amendments/modifications. ATTACHMENTS A. Aerial Map B. Statutory Warranty Deed C. Resolutions PZ12-22, PZ15-24, and PZ2023-05 The City of Kenai I www.kenai.city Page 30 Conditional Use Permit Transfer Resolutions PZ12-22, PZ15-24, and PZ2023-05 701 N. Forest Drive KPB Parcel ID: 04321030 Map for Reference Only NOT A LEGAL DOCUMENT Date Printed: 9/23/2023 ! 0..--.--.-, �, --.-..--., A.100 200 400 Feet K~NAI N I I I I I I Page 31 THIS INSTRUMENT IS BEING RECORDl;O BY STEWART TITLE CQMPANY AS AN ACCOMMODATION_ONL Y. IT HAS NOT BEEN EXAMINED AS TO ITS EFFECT, IF ANY, ON THE TITLE OF THE ESTATE HEREIN. A L A s K A 2023-007082-0 Recording Dist: 302 -Kenai 9/11/2023 12:42 PM Pages: 1 of 4 II I I II I II I I II I II II I I II II I II I II IIII II II I I I II II I II I II I I II I II I II I II I II 111111111111111 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY STATUTORY WARRANT'\'' DEED Miriam, LLC, an Idaho limited liability company, whose address is 715 Blue Spruce Rd, Alpine, UT 84004, and Brooks Holding LLC, an Alaska limited liability company, whose address is 10365 W. Highlander Rd., Boise, ID 83709 (collectively "Grantor1 '), pursuant to A.S. 34.15.030, for and in consideration of the sum of Ten Dollars and No Cents ($10.00)~ and other good and valuable consideration in hand paid~ the receipt whereof is hereby acknowledged, does hereby convey and warrant unto Aspen Creek Kenai Property LLC, an Alaska limited liability company, whose address is 715 Blue Spruce Rd, Alpine, UT 84004 ("Grantee"), all of Grantor's right, title and interest in and to the following described real estate situated in the Kenai Recording District, Third Judicial District, State of Alaska: Tract Thirty-six ~,An (36A), KILLEN ESTATES 2016 REPLAT, according to Plat No. 2016-62, Kenai Recording District, Third Judicial District, State of Alaska SUBJECT TO reservation and exceptions in U.S. Patent and otherwise of record, real property taxes, if any due, notes on plat, and covenants and restrictions of record. TOGETHER WITH ALL AND SINGULAR the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the rents, issues and profits thereof situated in the state of Alaska. Signatures and Notary Blocks on following pages eRecorded Document Page 32 A~t/4- sT A TE OF U".rt\tI County of J( 1~3 ) ) ss. ) /.rr/-1-Dated this _,e__. day of September, 2023. GRANTOR: MIRIAM,LLC An Idaho limited lia Hity c This record was acknowledged before me on !.Ji ti,, \:fMm hv-,,?od 3 by Douglas B. Clegg, proved on the basis of satisfactory evidence to be the person(s) whose name(s) (is/are) subscribed to this instrument, and acknowledged (he/she/they) executed the same as the manager of MIRIAM, LLC. eRecorded Document s my hand and official seal. s· nature of notary public , My commission expires ~}_--_y_-~J._4 ____ _ 111111111111111 II I I I II I II Ill 2 of 4 302-2023-007082-0 Page 33 Dated this_{_ day of September, 2023. GRANTOR: BROOKS HOLDING LLC By: Robert R. Nash, Manager STATE OF IDAHO ) ) ss. County of Ada ) This record was acknowledged before me on Se.et . \ ) 1.-0rir½ as the manager or a member of BROOKS HOLDING LLC. Si My comm1 eRecorded Document -- by Robe1t R. Nash Ill lllllll 111111111111111111 3 of 4 302-2023-007082-0 Page 34 Kenai Recording District, Third Judicial District, State of Alaska AFTER RECORDING RETURN TO: Aspen Creek Kenai Property LLC 715 W. Blue Spruce Road Alpine, UT 84004 eRecorded Document Ill lllllll llll Ill lllll II I Ill 4 of 4 302-2023-007082-0 Page 35 l ·-. f_ earyuf ~ KENAI, ALASKA ~ "Vt.1/tlje with a Past City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.ci.kenaLak.us CITY OF KENAI PLANNING AND ZONING COM1\1ISSION RESOLUTION NO. PZ12-22 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Clint Hall USE: Assisted Living Facility LOCATED: 701 North Forest Drive -Tract 37, Killen Estates Addition No. 1 (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: .....::;0.....:.;43;:;....::2=--=-1-"--'0l=-=5 ___________ _ WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: July 5. 2012 2. This request is on land zoned: ...;;;.R.;;.;;;;S;.....-...... S--'u=b-=u;;;..;;rb'-=a;;;._,.n..a;...R~es;:;__::cid-"'-e~nc=ti=al;....._ __________ _ 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. Facility be licensed by the State of Alaska and managed in compliance with State licensing requirements. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: August 8, 2012. 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED ASSISTED LIVING FACILITY MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, A~2-~ CHAIRPERS~~1Unil: ATTEST:~ Page 36 11Vt1/a3e with a Pas~ CifJ with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.ci.kenai.ak.us CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ15•24 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Clint Hall USE: Assisted Living Facility LOCATED: 707 North Forest Drive -Tract 36, Killen Estates Addition No. 1 (to be known as Tract 36A, Killen Estates 2014 Replat when plat is recorded) (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: ....;;0....;.4.-.32~1...a..0..;_14 ________ _ WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: July 29, 2015 2. This request is on land zoned: RS -Suburban Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. Prior to issuance of the Certificate of Occupancy, the applicant must provide the City of Kenai with a recorded copy of the Plat of Killen Estates 2014 rep lat. b. Facility by the State of Alaska and managed in compliance with State licensing requirement. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on August 26, 2015. 5. Applicant must comply with all Federal, State, and local regulations. Page 37 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED ASSISTED LIVING FACILITY MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON THE 26TH DAY OF AUGUST, 2015. Clerk Page 38 KE;NAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-05 A RESOLUTION GRANTING AN AMENDMENT TO CONDITIONAL USE PERMITS FOR AN ASSISTED LIVING FACILITY. APPLICANT: Aspen Creek Kenai LLC c/o Douglas Clegg PROPERTY ADDRESS: 701 N. Forest Drive LEGAL DESCRIPTION: Tract 36A of Killen Estates 2014 Replat KENAI PENINSULA BOROUGH PARCEL NUMBER: 04321030 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on January 19, 2023; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code 14.20.150; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on March 22, 2023, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; Findings The proposed expansion is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates an assisted living facility is a conditional use; therefore, a conditional use permit may be granted for an assisted living facility. The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy; (2) To prohibit uses which would: Page 39 Resolution No. PZ2023-05 Page 2 of 4 (A) Violate the residential character of the environment; (BJ Generate heavy traffic in predominantly residential areas. The proposed addition will expand the operation of the assisted living facilities with approved CUPs. There should be minimal traffic generated by the proposed addition. The proposal includes a landscape plan that will provide a separation from adjoining properties and will not violate the residential character of the area. 2. KMC 14. 20. 150(d)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired; Findings: The economic and noneconomic value of adjacent properties would not be significantly impacted by this change. A landscaping/site plan has been submitted and will be reviewed by Planning staff for compliance. Site plan review will require an orderly and safe development as well as landscaping to provide an attractive and functional separation/screening between uses. The proposed access from Ponderosa Road may increase traffic along Ponderosa Road but it is not anticipated that the proposed expansion to an assisted living facility would generate heavy traffic. The development of the paved right-of-way easement for access via Ponderosa Road may increase the development potential of the adjacent vacant lot. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Suburban Residential (SR) land use classification. The SR Land Use Classification is defined in the Comprehensive Plan: Suburban Residential is intended for single-family and multi-family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are required or planned. Some developments may be required to construct streets to a paved standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate. This property is located off of North Forest Drive, a collector street, which provides access to multiple neighborhoods. To the south of the development are Northgate Subdivision and the Church of the Latter Day Saints. The property to the north is undeveloped. Woodland Subdivision is located across North Forest Drive. There are several institutional uses along Forest Drive that complements the existing and surrounding uses. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", several goals and objectives are met from the proposed expansion. Goal 1 -Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Page 40 Resolution No. PZ2023-05 Page 3 of 4 Goal 3 -Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Goal 5 -Provide transportation systems that are efficient and adequate to se,ve the regional needs of the community. Objective T-5 Transportation improvements needed to se,ve new developments shall be in place at the time new development impacts occur. 4. KMC 14.20.150(d)(4) Public se,vices and facilities are adequate to se,ve the proposed use; Findings: City water and sewer are available to serve the proposed addition. There are adequate public services and facilities to serve the proposed expansion. North Forest is a paved and City-maintained road. Access will also be provided from Ponderosa Road, which will require a minimum 60-foot right-of-way easement on the adjacent property to meet city standards. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: An assisted living facility will not be harmful to public safety, health, or welfare. The proposed expansion does not change the existing use. The proposal provides a surplus of parking spaces and adequate landscaping that will minimize the impact to the surrounding area. The proposed addition will not negatively affect the public safety, health or welfare. 6. KMC 14. 150(d)(6) Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: To minimize impact on adjacent properties with the proposed one-way access, the following conditions are added. • Maintain a safe and clear passage of the 10-foot vehicle access so it remains free of obstruction and obstacles created by snow removal or the depositing of snow. Snow removal must not be pushed onto another property. • Prior to building permit issuance, provide an as-built survey to Planning & Zoning Department for verification that a minimum of 20 feet width for vehicular access and buffer are provided between the south building fac;ade and the south property line. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Page 41 Resolution No. PZ2023-05 Page 4 of 4 Section 1. That an amendment to the conditional use permits is granted to Aspen Creek Kenai LLC for the expansion of the assisted living facility on the property described as Tract 36A of Killen Estates 2014 Replat, and located at 701 N. Forest Drive. Section 2. That the amendment to the conditional use permits is subject to the original conditions in CUPs (Resolution Nos. PZ12-22 and PZ15-24) and the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant's representative shall meet with City staff for an on-site inspection. 3. Obtain a minimum 60-foot right of way easement on the adjacent property for ingress and egress from/to Ponderosa Street. 4. Prior to building permit issuance, a landscape/site plan must be reviewed and approved by the Planning and Zoning Department. 5. Maintain a safe and clear passage of the 10-foot vehicle access so it remains free of obstruction and obstacles created by snow removal or the depositing of snow. Snow removal must not be pushed onto another property . 6. Prior to building permit issuance, provide an as-built survey to Planning & Zoning Department for verification that a minimum of 20 feet width for vehicular access and buffer are provided between the south building fac;:ade and the south property line. 7. Applicant must obtain a sign permit for the proposed monument sign. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 22ND DAY OF MARCH , 2023. ATTEST: ~ Meghan Thibodeau, Deputy City Clerk Page 42 MEMORANDUM TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: September 26, 2023 SUBJECT: Action/Recommendation – Recommendations to Kenai City Council on Ordinance No. 3373-2023 – Amendment of KMC Section 14.20.330- Standards for commercial marijuana establishments At their regular meeting held on September 20, 2023, City Council referred Ordinance No. 3373- 2023 as a new business item to Planning and Zoning Commission for recommendations on any specific zoning related considerations in regards to the ordinance. Ordinance No. 3373-2023 is an amendment to Kenai Municipal Code (KMC) Section 14.20.330-Standards for commercial marijuana establishments. The State recently approved new regulations allowing the sale of marijuana and related products through walk-up and drive-through windows unless prohibited by local law. This ordinance prohibits commercial marijuana establishments within the City from utilizing walk-up and drive-through windows. Please find the attached memo from Vice Mayor Baisden on Ordinance No. 3373-2023, the Ordinance will prohibit serving customers through a walk-up or drive-thru window for commercial marijuana establishments. The commission may make recommendations on any specific zoning related considerations. Attachments Memo from Vice Mayor Baisden Draft Ordinance No. 3373-2023 City of Kenai I 210 l=idalgo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city Page 43 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Vice Mayor James Baisden DATE: September 13, 2023 SUBJECT: Ordinance No. 3373-2023- Prohibiting the sale of marijuana and related products from walk-up and drive through windows. The State recently approved new regulations allowing the sale of marijuana and related products through walk-up and drive-through windows unless prohibited by local law. This ordinance prohibits commercial marijuana establishments within the City from utilizing walk-up and drive- through windows. The sale of marijuana and related products from walk-up and drive-through windows has the potential to increases the risk to public safety through impaired driving. Further, it seems practically difficult to ensure that all passengers in a vehicle are of sufficient age or familial relationship to the driver to purchase marijuana as required by the regulations, increasing the risk of consumption of marijuana by underage populations. Your consideration is appreciated. City of Kenai I 210 l=idalgo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city Page 44 Sponsored by: Baisden, Winger, Douthit New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3373-2023 AN ORDINANCE AMENDING KENAI MUNICIPAL CODE 14.20.330-STANDARD FOR COMMERCIAL MARIJUANA ESTABLISHMENTS TO PROHIBIT LICENSED RETAIL MARIJUANA ESTABLISHMENTS FROM SERVING CUSTOMERS THROUGH A WALK-UP OR DRIVE-THROUGH WINDOW. WHEREAS, the City has adopted local regulations governing commercial marijuana establishments within the City as provided in KMC Chapter 14.20-Kenai Zoning Code; and, WHEREAS, the State of Alaska has recently enacted new regulations allowing licensed retail marijuana establishments to serve customers through a walk-up or drive-through window unless prohibited by local law; and, WHEREAS, concerns for public safety and practical enforceability of the new regulations outweigh any public benefit; and, WHEREAS, at is regular meeting of September 27, 2023 the Planning and Zoning Commission recommended ______________ of this ordinance; and, WHEREAS, it is in the best interest of the City to prohibit licensed retail marijuana establishments from serving customers through a walk-up or drive-through window. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section 14.20.330 of Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.330-Standard for Commercial marijuana establishments is hereby amended as follows: 14.20.330 Standards for commercial marijuana establishments. The purpose of this section is to establish general standards for commercial marijuana establishments. (a) Commercial marijuana establishments may be permitted or allowed with a conditional use permit under KMC 14.20.150, as provided in the City of Kenai’s Land Use Table, KMC 14.22.010, and the provisions of this section. On-site consumption endorsements may not be approved by conditional use permit or otherwise and are not permitted within the City. Serving customers through a walk-up or drive-through window is also prohibited. (b) Applicants applying for a conditional use permit must include an area map drawn to scale indicating all land uses on other properties within a five hundred (500) foot proximity of the lot upon which the applicant is seeking a conditional use permit. This shall be in addition to the conditional use permit submission requirements in KMC 14.20.150. (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 ~ K(;NAI Page 45 Ordinance No. 3373-2023 Page 2 of 3 New Text Underlined; [DELETED TEXT BRACKETED] periphery will be expanded until a minimum of thirty (30) different property owners are available for notification. (d) The preparation, packaging, manufacturing, processing, and storing of all marijuana, marijuana concentrate or marijuana products must be conducted within a fully enclosed, secure indoor facility. The growing and cultivating of marijuana must be conducted within a fully enclosed, secure indoor facility or greenhouse with view-obscuring rigid walls, a roof and doors, unless a nonrigid greenhouse, or other structure, is specifically approved, in which case the cultivation must be enclosed by a sight-obscuring wall or fence at least six (6) feet high. (e) All commercial marijuana establishments shall not emit an odor that is detectable by the public from outside the commercial marijuana establishment. (f) No portion of a parcel upon which any commercial marijuana establishment is located shall be permitted within the following buffer distances: (1) One thousand (1,000) feet of any primary and secondary schools (K-12) and five hundred (500) feet of any vocational programs, post-secondary schools, including but not limited to trade, technical, or vocational schools, colleges and universities, recreation or youth centers, correctional facilities, churches, and State-licensed substance abuse treatment facilities providing substance abuse treatment; and (2) Buffer distances shall be measured as the closest distance from the perimeter of a stand- alone commercial marijuana establishment structure to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church, correctional facility, or a substance abuse treatment facility providing substance abuse treatment. If the commercial marijuana establishment occupies only a portion of a structure, buffer distances are measured as the closest distance from the perimeter of the closest interior wall segregating the commercial marijuana establishment from other uses, or available uses in the structure, or an exterior wall if closer, to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church or correctional facility, or a substance abuse treatment facility providing substance abuse treatment. (g) As provided in the Land Use Table, a person or licensee may apply for a conditional use permit to allow for a marijuana cultivation facility, standard, on lots of forty thousand (40,000) square feet or greater in size, and a marijuana cultivation facility, limited, on any size lot. (h) A marijuana cultivation facility, standard, or a marijuana cultivation facility, limited, shall only be allowed on a lot which has an existing structure consistent with a principal permitted use. (i) A marijuana cultivation facility located in an accessory building shall be subject to the setback provisions in KMC 14.24.020, development requirements table. A person or licensee seeking relief from the provisions in the development requirements table may apply for a variance subject to the provisions of KMC 14.20.180. (j) No retail marijuana store may conduct business on, or allow any customer or consumer to access, the licensed premises between the hours of 5:00 a.m. and 8:00 a.m. daily. Section 2. 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. Page 46 Ordinance No. 3373-2023 Page 3 of 3 New Text Underlined; [DELETED TEXT BRACKETED] Section 3. 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 4TH DAY OF OCTOBER, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: September 20, 2023 Enacted: October 4, 2023 Effective: November 3, 2023 Page 47 Kenai City Council - Regular Meeting Page 1 of 3 September 20, 2023 Kenai City Council - Regular Meeting September 20, 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. 3370-2023 - Accepting and Appropriating Fiscal Year 2023 Funds from the Sign Research Foundation for the Sign Research Foundation Scholarship Program. (Administration) 2. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-56 - Authorizing the Application to the State of Alaska, Department of Environmental Conservation for a State Revolving Fund Loan from the Alaska Drinking Water Fund and Execution of a Loan Agreement for the Water Treatment Plant Pumphouse Project. (Administration) 3. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-57 - Awarding Non-Exclusive On- Airport Car Rental Concessions to Copper River Rentals, LLC D/B/A Budget Rent A Car and Alaska Rent A Car, Inc. D/B/A Avis for the Period of January 1, 2024 to December 31, 2028. (Administration) 4. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-58 - Authorizing a Twelve-Month Extension of Time for Good Cause for the Completion of Permanent Improvements for a Lease Between the City of Kenai and Alaska Air Fuel, Inc., for Airport Reserve Lands Described as Lot 5A, FBO Subdivision No. 10. (Administration) 5. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-59 - Authorizing the City Manager to Enter a Project Partnership Agreement with the Department of The Army for the Administration and Construction of the Kenai Bluff Stabilization Project with an Estimated Page 48 Kenai City Council - Regular Meeting Page 2 of 3 September 20, 2023 Project Cost of $41,604,000 Including a Federal Cost Share of $37,443,600 and City Share of $4,160,400. (Administration) F. MINUTES 1. *Regular Meeting of September 6, 2023. (City Clerk) G. UNFINISHED BUSINESS 1. ADOPTED AS AMENDED WITHOUT OBJECTION. 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; at the 09/06/23 meeting, this item was postponed to 09/20/23.] H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. *Action/Approval - Confirming the Appointment of the October 3, 2023 Election Precinct Boards for the October 3, 2023 Regular City Election. (City Clerk) 4. *Action/Approval - Confirming the Appointment of Xinlan Tanner as Student Representative to City Council. (Mayor) 5. *Ordinance No. 3371-2023 - Accepting and Appropriating Funds from the Institute of Museum and Library Services, Passed through the State of Alaska, Department of Education and Early Development, Division of Library, Archives & Museums, for Library Employee Training. (Administration) 6. *Ordinance No. 3372-2023 - Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Materials. (Administration) 7. INTRODUCED AND REFERRED TO THE PLANNING & ZONING COMMISSION, AND SCHEDULED FOR PUBLIC HEARING ON 10/4/2023. *Ordinance No. 3373-2023 - Amending Kenai Municipal Code 14.20.330 - Standard for Commercial Marijuana Establishments to Prohibit Licensed Retail Marijuana Establishments from Serving Customers through a Walk-Up or Drive-Through Window. (Baisden, Winger, 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 Page 49 Kenai City Council - Regular Meeting Page 3 of 3 September 20, 2023 K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting OR https://us02web.zoom.us/j/85421659496 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 854 2165 9496 Passcode: 329706 Meeting ID: 854 2165 9496 Passcode: 329706 Page 50 September 11, 2023 Page 1 of 2 September 11, 2023– 6:30 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 Pamela Gillham, Vice Chair Kalifornsky / Kasilof District Term Expires 2026 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 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. August 28, 2023 Plat Committee *4. Grouped Plats E2. Hidden Hills Tract G5 Replat; KPB File 2023-092 Motion to approve the consent & regular agendas passed by unanimous vote . (4-Yes, 0-No) D. UNFINISHED BUSINESS - None Plat Committee Agenda ACTION Page 51 ____________________________________________________________________________ September 11, 2023 Page 2 of 2 E. NEW BUSINESS 1. Cohoe Country Estates Subdivision No. 9; KPB File 2023-091 Surveyor: Johnson Surveying; Owner: Osmar Location: Cohoe Loop Road; PIN: 133-010-41 Cohoe Area Motion to grant preliminary approval passed by unanimous vote (4-Yes, 0-No) Motion to grant the exception request to KPB 20.30.190(A) – Lot Dimensions 3:1, for Lots 1, 2 & 3 passed by unanimous vote (4-Yes, 0-No). 2. Hidden Hills Tract G5 Replat; KPB File 2023-092 (Passed Under Consent Agenda) Surveyor: Geovera LLC; Owner: Engebretsen Location: Cryptic Avenue Off North Fork Road; PIN: 171-330-20 Anchor Point Area / Anchor Point APC Motion to grant preliminary approval passed by unanimous vote (4-Yes, 0-No) 3. McNamara Acres at Moose Hill; KPB File 2023-009R1 Surveyor: Peninsula Surveying LLC; Owner Lastinger Location: McNamara Court, Royce Street & Emilie Avenue PINs: 066-102-06; 066-102-07; 066-102-08; 066-102-09 Funny River Area / Funny River APC Motion to grant preliminary approval passed by unanimous vote (4-Yes, 0-No) Motion to grant the exception request to KPB 20.30.030 – Proposed Street Layout and KPB 20.30.170 – Block Length Requirements, passed by unanimous vote (4-Yes, 0-No) 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, September 25, 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 52 September 11, 2023 Page 1 of 2 September 11, 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 Pamela Gillham, Vice Chair Kalifornsky / Kasilof District Term Expires 2026 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 Jeffrey Epperheimer Nikiski District Term Expires 2026 Dawson Slaughter South Peninsula District Term Expires 2025 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. 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 a. PC Resolution 2023-22 *3. Plats Granted Administrative Approval a. Federal Addition to Seward Saltwater Safari Replat; KPB File 2022-184 b. Salamatof Air Park Alcan 2022 Replat: KPB File 2022-117 c. Trust Land Survey 2021-03 Lower Cohoe Subdivision; KPB File 2022-057 *4. Plats Granted Final Approval – None *5. Plat Amendment Request – None *6. Commissioner Excused Absences a. Virginia Morgan, Cooper Landing/Hope/Eastern Peninsula District b. Pamela Gillham, Kalifornsky/Kasilof District c. Charlene Tautfest (Unexcused) d. City of Seward, Vacant *7. Minutes August 28, 2023 Planning Commission Meeting Minutes Motion to approve the consent & regular agendas passed by unanimous vote (5- Yes, 3-Absent) D. UNFINISHED BUSINESS - None Planning Commission Agenda ACTION Page 53 September 11, 2023 Page 2 of 2 E. NEW BUSINESS Public Hearing: Quasi-Judicial Matters - No Quasi-Judicial Matters Public Hearing: Legislative Matters 1. Street Naming Resolution 2023-05 a. Renaming two alleys in the Bear Creek Area; ESN 751 a. Renaming a Public Access Easement in the Happy Valley Area; ESN 401 b. Renaming a Private Road in the Cohoe Area; ESN 302 Motion to adopt Street Naming Resolution 2023-05 • Naming two alleys in the Bear Creek area, ESN 751, to Retreat Alley & Gilmore Alley • Naming a public access easement in the Happy Valley area, ESN 401, to Wishbone Way • Renaming a Private road in the Cohoe area, ESN 302 to Old Weasel Trail Road Passed by unanimous vote (5-Yes, 3-Absent) F. PLAT COMMITTEE REPORT - Plat Committee will review 3 preliminary plats G. OTHER (No Public Hearing) 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, September 25, 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 54 MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Council Members Mayor Gabriel Shellie Saner, City Clerk Terry Eubank, City Manager Scott Bloom, City Attorney July 25, 2023 City of Kenai Commissions, Committees and Council on Aging Review This memo requests Council direction to the Administration for development of tools and methods to clarify the roles and responsibilities for members of the City’s advisory boards, commissions, committees and Council on Aging (Commissions). Having clear defined roles and responsibilities will provide commission members guidance for the activities of their body and also reduce dissatisfaction from members when they feel the commission is not meeting their expectations. Purpose of Advisory Commissions. The role of each Advisory Commission is intended to bring experience, expertise and opinion to advise the City on various issues, policies and matters. Each Commission has a purpose that has been approved by the City Council, and each Commission should make recommendations that fulfill the purpose of their appointed role and advise the City on matters specifically related to their role as defined in code and policy. Advisory Roles. The responsibilities of serving in an advisory role includes developing short-term and long-term goals and making recommendations to the City. In an advisory capacity, the Commission acts as an important source of information on a variety of issues that affect the City, residents and visitors. Commission Development Tools. Each Commission should develop an annual work plan at the beginning of each year, the work plan would then be submitted to Council for approval. The work plan would guide the work of the Commission throughout the year. At the end of each year, the Commission would then submit a final report to the Council for review of their activities. Purpose of a Work Plan. 1.Documents that the work plan of the commission aligns with the assigned role, plans, policies and procedures of the City. 2.Ensures the Council and Administration is aware of the work intended for the Commission for the year ahead. Purpose of an Annual Report. 1.Highlights key accomplishments, identifies completed projects and outlines various activities of the last year. 2.Provides the opportunity for Council review of the commissions accomplishments and confirms that the work of the commission continues to align with their assigned role and work plan as approved by Council. )(? K~NAI City of Kenai I 210 ~idalgo Ave, Kenai , AK 99611 -7794 I 907.283.7535 I www.kenai.city 5Page 55 Page 2 of 2 Plan for Implementation. September / October 1.Develop an online survey to be sent to all current commission and City Council members. Survey questions to be developed in coordination with the Administration, Clerks Office and two volunteer Council Members. November 1.Distribute online survey to all current commission and City Council members. Thirty-day survey will close on November 30, 2023. December 1.Compile survey data, finalize summary report of five (5) years of action for each commission and prepare work session packets. January 1.Commission Work Sessions for each Commission with the following agenda outline. a.Review of the past five (5) years of Commission actions taken. b.Review Kenai Municipal Code applicable to the Commission. c.Review Council adopted policies applicable to the Commission. d.Develop any amendments to code or policy to be recommended for Council approval. 2.Immediately following the Commission Work Session, the Commission will meet in a Regular meeting to take formal action recommending Council approval of the proposed amendments to code and policy. 3. Regular Council Meeting discussion / action on recommendations from each Commission regarding code or policy. 4.Based on the final decision approved by Council, each individual Commission will meet again in a W ork Session to develop the following: a.Missions or Vision Statement for the Commission. b.Annual Work Plan. 5.Immediately following the Commission Work Session, the Commission will meet in a Regular meeting to take formal action recommending Council approval of the Mission or Vision Statement and Annual Work Plan. Note: Beginning the review process at the Commission level in January is recommended. This recommendation is based on the terms for Commission members, which is January 1 - December 31 and would allow work plans to be developed by the individual members who will be working on them. February - December 1.Commission meetings to conduct work as approved in the Work Plan. December 1.Prepare a final report to Council which identifies the highlights and accomplishments of the commission. The benefits to the proposed Commission Development Tools are: •Provides the Commission members an opportunity to have a deeper strategic conversation regarding their roles and expectations. •Ensures compliance with policy and code requirements and keeps the Commissions focus and goals based on the opinion of the majority of the Commission and approved by Council. •Avoids fragmenting responsibilities across multiple Commission and staff resources and/or identifies objectives that should be shared with other Commissions and staff resources. •Allows the Administration and Council the opportunity to monitor operational costs and staff resources. •Clearly identifies the Council expectations for Commissions and boosts Commission members engagement opportunities. 6Page 56 2024 - (Commission Name) COMMISSION ANNUAL WORK PLAN 2024 Annual Work Plan City of Kenai Commission Name INTRODUCTION This area should include the advisory body’s missions’ statement and include a brief description of the overall purpose of the commission. Note: Work plans developed by the advisory body will be submitted to the City Council for approval; therefore, it is a good idea to align the goals and objectives with city code, policy and the City of Kenai Comprehensive Plan. Instructions: In the space provided below, create a list of issues and goals (objectives) your commission would like to address in the upcoming year, your list should also include plans on how to address those issues. Each objective listed should include information regarding additional staff resources and/or community volunteers needed; funding resources, are funds available in the budget if not are you proposing council include funding in the upcoming budget cycle; and how long is it expected to obtain the objective. Pease prioritize the objectives of your group with number one (1) being the top priority. GOAL OR OBJECTIVE COLLABORATION FUNDING RESOURCES TIME TO COMPLETE Objective No. __________ Objective: _________________________________________________________________________________ Estimated Time to Complete: _____________________________ Strategy: (Provide a summary of tasks which need to be done to obtain the objective.) Narrative: (Describe the benefits to the residents and visitors of the City.) Collaboration: (Who needs to be involved to obtain the objective?) Funding: (Are funds available, or is funding needed in a future budget?) ~ K(;NAI 7Page 57 2024 - (Commission Name) COMMISSION ANNUAL REPORT 2024 Annual Report City of Kenai Commission Name SUMMARY OF REPORT Provide a brief description of the report, include overall guidance and direction that the commission gave the city in recommendations. MISSION STATEMENT Its not necessary; however, restating the mission statement of the board is a good reminder to the reader about the commissions purpose. HIGHLIGHTS •Provide a bullet point list of highlights. •Use broad descriptions including the problem and solution. •Be brief, do not provide details in the highlights. ACCOMPLISHMENTS Provide an Objection Title Detailed description of the accomplishment to include, but not limited to dates, locations, data collected, department and community support, and challenges faced. Provide an Objection Title Include a paragraph for all of the different projects and accomplishments, the highlight section of the report should guide the readers to here for more detail. EDUCATION AND OUTREACH This section should be used to detail how the accomplished item benefited the City, residents and visitors. Really emphasize community engagement with the item. ~ K(;NAI 8Page 58 PLANNING & ZONING COMMISSION Resolution PZ2023-18 –Conditional Use Permit Modification Assisted Living Facility Expansion 701 N. Forest Drive September 27, 2023 Conditional Use Permit Modification –Assisted Living Facility Expansion Summary Current Use Assisted Living Facility Zoning Suburban Residential (SR) Land Use Designation Suburban Residential Lot Size 4.64 acres Related CUPs PZ12-22, PZ15-24, PZ2023-05 Surrounding Uses North Vacant South Church and Residential West Vacant East Residential Resolution PZ2023-05 Conditions with Modification 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 theapprovaloftheConditionalUsePermit.2.Upon request,the applicant or applicant’s representative shall meet with City staff for an on-siteinspection.3.Obtain a minimum 3[6]0-foot in width right of way easement on the adjacent property for ingressandegressfrom/to Ponderosa Street.4.Prior to building permit issuance,a landscape/site plan must be reviewed and approved by thePlanningandZoningDepartment.5.Maintain a safe and clear passage of the 10-foot vehicle access so it remains free of obstructionandobstaclescreatedbysnowremovalorthedepositingofsnow.Snow removal must not bepushedontoanotherproperty.6.Prior to building permit issuance,provide an as-built survey to Planning &Zoning Department forverificationthataminimumof20feetwidthforvehicularaccessandbufferareprovidedbetweenthesouthbuildingfaçadeandthesouthpropertyline.7.Applicant must obtain for a sign permit for the proposed monument sign. KMC 14.20.150(e) Conditional Use Permit Review Criteria STAFF ANALYSIS Criteria 1 The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Met Criteria 2 The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired.Met Criteria 3 The proposed use is in harmony with the Comprehensive Plan.Met Criteria 4 Public services and facilities are adequate to serve the proposed use.Met Criteria 5 The proposed use will not be harmful to the public safety, health or welfare.Met Criteria 6 Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Met Staff Recommendation Adopt Resolution PZ2023-18 granting a modification to condition 3 in Resolution PZ2023-05 from 60-foot right of way easement to 30-foot in width right of way easement for the Conditional Use Permit to expand the assisted living facility subject to the conditions in the CUPs (Resolutions PZ12-22, PZ15-24, and PZ2023-05). PZ2023-18 Condition 1.Obtain a minimum 30-foot in width right of way easement on the adjacent property for ingress and egress from/to Ponderosa Street. PLANNING & ZONING COMMISSION Resolution PZ2023-18 –Conditional Use Permit Modification Assisted Living Facility Expansion 701 N. Forest Drive September 27, 2023 CERTIFICATE OF PUBLICATION & POSTING I, Linda Mitchell, Planning Director of the City of Kenai, do hereby certify that on the 18th day of September 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 September 20th, 2023 edition of their newspaper. On the 26th day of September 2023, the full meeting agenda was also posted at Kenai City Hall and on the internet at www.kenai.city. ___________________________ Linda Mitchell, Planning Director