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Home My WebLink About2023-09-13 Planning & Zoning PacketKenai Planning & Zoning Commission – Regular Meeting Page 1 of 2 September 13, 2023 Kenai Planning & Zoning Commission - Regular Meeting September 13, 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 August 23, 2023 C. SCHEDULED PUBLIC COMMENT Public comment limited to ten (10) minutes per speaker) D. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. CONSIDERATION OF PLATS 1. Resolution PZ2023-17 – 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. F. PUBLIC HEARINGS G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Requesting an Excused Absence for the August 23, 2023 Regular Meeting – Fikes. Page 1 ~ K~NAI D Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 September 13, 2023 I. REPORTS 1. City Council 2. Kenai Peninsula Borough Planning 3. City Administration J. ADDITIONAL PUBLIC COMMENT (Public comment limited to five (5) minutes per speaker) K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: September 27, 2023 L. COMMISSION COMMENTS AND QUESTIONS M. PENDING ITEMS N. ADJOURNMENT O. INFORMATIONAL ITEMS The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting https://us02web.zoom.us/j/85141377461 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 851 4137 7461 Passcode: 524935 Meeting ID: 851 4137 7461 Passcode: 524935 Page 2D KENAI PLANNING & ZONING COMMISSION REGULAR MEETING AUGUST 23, 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 August 23, 2023 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on August 23, 2023, in City Hall Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Jeff Twait, Chair Joe Halstead, Vice Chair Gary Greenberg Jim Glendening John Coston Gwen Woodard A quorum was present. Absent: Diane Fikes 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 Chair Twait noted the following additions to the Packet: ACTION ITEM Add to Item H.1 Discussion/Action - AMCO Adopted Marijuana Regulation Changes • Recommendation Memo MOTION: Commissioner Woodard MOVED to approve the agenda and consent agenda with the requested additions. Commissioner Coston 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 Page 3D Planning & Zoning Commission Meeting Page 2 of 4 August 23, 2023 Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of July 26, 2023 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS 1. Resolution PZ2023-16 – Recommending Approval for Preliminary Plat – Strawberry Hill Estates 2023 Addition for a Subdivision of a Parcel Located at 801 Devray Street (KPB Parcel No. 04951027) into 13 Lots and Deny the Requested Exceptions to the Subdivision Design Standards in the Rural Residential (RR) Zoning District. MOTION: Vice Chair Halstead MOVED to approve Resolution PZ2023-16. Commissioner Greenberg SECONDED the motion. Planning Director Mitchell presented her staff report with information provided in the packet, and it was noted that the applicant is requesting two exceptions to the standards. Zoning and uses of surrounding lots were reviewed; staff recommended approval subject to the following conditions: 1. Recommend Kenai City Council to deny the requested exceptions to exceed the maximum block length of 1,400 linear feet and waive the rights-of-way dedication of Devray Street. 2. Recommend Kenai City Council to approve the exceptions from connecting to City water and sewer systems. 3. Revised Note 4 on the Preliminary Plat to “DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER 14.20 ZONING CODE REQUIREMENTS”. Chair Twait opened the floor for public comment. Applicant David Bunts explained the requested exceptions and responded to questions from the Commission. There being no one else wishing to be heard, the public comment period was closed. MOTION TO AMEND : Vice Chair Halstead MOVED to amend the Resolution by changing the number to PZ2023-15. Commissioner Woodard SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. There being no objection; SO ORDERED. MOTION TO AMEND: Vice Chair Halstead MOVED to amend the Resolution PZ2023-15 by adding the following condition: 4. Recommend Kenai City Council to approve the exception from the road improvement construction of Devray Street and requiring the subdivider include a covenant on the recorded plat that if an improvement district is formed, the real property involved will be a part of the improvement district without further action by the then owner of the property in question. Commissioner Greenberg SECONDED the motion. Page 4D Planning & Zoning Commission Meeting Page 3 of 4 August 23, 2023 VOTE ON AMENDMENT: YEA: Coston, Greenberg, Halstead, Twait, Glendening, Woodard NAY: None ABSENT: Fikes MOTION PASSED WITHOUT OBJECTION. VOTE ON MAIN MOTION AS AMENDED: YEA: Glendening, Halstead, Woodard, Greenberg, Coston, Twait NAY: None ABSENT: Fikes MOTION PASSED WITHOUT OBJECTION. F. PUBLIC HEARINGS – None. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. Discussion/Action – Alcohol and Marijuana Control Office (AMCO) Adopted Marijuana Regulation Changes Planning Director Mitchell presented a brief summary of the information provided in the packet. Ryan Tunseth, owner of East Rip and President of the Alaska Marijuana Industry Association, provided information about the State regulations and responded to questions from the Commission. MOTION: Commissioner Glendening MOVED to recommend that the City Council place a moratorium on allowing marijuana establishments to continue offering exterior walk‐up and drive through window pick‐up services, and that they refer the issue back to the Planning & Zoning Commission for further consideration. Vice Chair Halstead SECONDED the motion. VOTE: YEA: Greenberg, Glendening, Halstead, Twait, Woodard, Coston NAY: None ABSENT: Fikes MOTION PASSED WITHOUT OBJECTION. I. REPORTS 1. City Council – Vice Mayor Baisden reported on the actions of the August 16, 2023 City Council meeting. 2. Kenai Peninsula Borough Planning – No report. 3. City Administration – Planning Director Mitchell reported on the following: • Max Best has been hired as a temporary planner to assist with the waterfront revitalization project rezoning; Mitchell explained next steps on the project including the public process and development of hybrid zoning design standards. • New administrative assistant started today; recruitment for 2nd part-time assistant is ongoing. • A conditional use permit for the Aspen Creek facility development that was previously approved by the Commission has been delayed due to a condition of the permit; the applicant will submit a CUP amendment request to modify a condition to reduce the width of the right-of-way easement. Page 5D Planning & Zoning Commission Meeting Page 4 of 4 August 23, 2023 • There has been an increase in code violation complaints. J. ADDITIONAL PUBLIC COMMENT – None. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: September 13, 2023 L. COMMISSION COMMENTS AND QUESTIONS Commissioner Glendening inquired why a local business was denied a storefront improvement grant. Vice Chair Halstead noted the good discussions, and thanked the Commission for asking the right questions. M. PENDING ITEMS – None. N. ADJOURNMENT O. INFORMATIONAL ITEMS – None. There being no further business before the Commission, the meeting was adjourned at 8:21 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 6D _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-17 A RESOLUTION RECOMMENDING THAT CITY PARK SUBDIVISION 2023 REPLAT PRELIMINARY PLAT ATTACHED HERETO BE APPROVED. PROPERTY ADDRESSES: 320, 330, and 420 S. Spruce Street LEGAL DESCRIPTIONS: Tract A, Park View Subdivision (Plat No. KN 79-156), Tract A, City Park Subdivision No. 2 (Plat No. KN 2007-149), and West Half of the East Half of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter (W1/2 E1/2 SE1/4 SW1/4 NE1/4) and East Half of the West Half of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter (E1/2 W1/2 SE1/4 SW1/4 NE1/4) of Section 6, Township 5 North, Range 11 West, Seward Meridian lying Northwesterly of S. Spruce Street. KPB PARCEL NUMBERS: 04701005, -18, and -28 WHEREAS, the City of Kenai received a revised preliminary plat from McLane Consulting, Inc. on behalf of the property owner, Boys & Girls Club of the Kenai Peninsula for a parcel merger of Tract A, City Park Subdivision No. 2 and Tract A, Park View Subdivision with right-of-way vacations of Char Circle and a portion of S. Spruce Street, and execute a 50-foot in width, non- exclusive access and utility easement to benefit the adjacent property to the south, 420 S. Spruce Street; and, WHEREAS, the preliminary plat, subject to the listed conditions, generally meets Kenai Municipal Code (KMC) preliminary plat requirements and development requirements for the Suburban Residential (RS) and Urban Residential (RU) zoning districts; and WHEREAS, the street name is referenced correctly; and, WHEREAS, the parcels will have access from the 50-foot non-exclusive easement to S. Spruce Street, which is a City-maintained road; and WHEREAS, City water and sewer lines are available to the parcels; and, WHEREAS, an installation agreement is not required; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to KMC 14.10.070 Subdivision design standards, the preliminary plat, subject to the listed conditions, conforms to the minimum street widths, provides utilities/access easements, provides satisfactory and desirable building sites, and the on-site water and Page 7 J(? K~NAI D Resolution No. PZ2023-17 Page 2 of 3 sewer systems will be subject to the regulatory requirements of the Public Works Department. 2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot sizes in the subject zoning districts. 3. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. 4. The execution of a 50-foot in width, non-exclusive access and utility easement between the affected parties provides adequate access for the future development/uses of the subject parcels. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of City Park Subdivision 2023 Replat for a parcel merger of Tract A, City Park Subdivision No. 2 and Tract A, Park View Subdivision with right-of-way vacations of Char Circle and the portion of S. Spruce Street be approved 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. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 13TH DAY OF SEPTEMBER, 2023. Page 8D Resolution No. PZ2023-17 Page 3 of 3 Jeff Twait, Chairperson ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 9D CHAR CIRCLE R/W VARIES HEREBY VACATED S S P R U C E S T R / W V A R I E S H E R E B Y V A C A T E D WC WC N89°54'36"W 165.16' 30' 30' N0 0 ° 1 1 ' 0 0 " W 11 5 . 6 7 ' TRACT 2A 7.387 AC VACATED ROW 1.036 AC N89°56'00"W N 2 0 ° 1 1 ' 4 6 " W N89°54'45"W 127.35' N0 0 ° 1 2 ' 0 0 " W S89°54'36"E S0 0 ° 1 0 ' 3 8 " E 11 5 . 7 4 ' S89°56'21"E 135.18' S0 0 ° 1 1 ' 0 0 " E S1 4 ° 5 6 ' 3 6 " W 285.73' 3 5 3 . 2 1 ' 33 0 . 1 0 ' 495.06' 18 9 . 4 0 ' 36 8 . 5 2 ' 10' UTILITY EASEMENT PER KN79-156 N0 0 ° 1 1 ' 0 0 " W "B A S I S O F B E A R I N G " KN 2 0 0 7 - 1 4 6 66 0 . 8 0 ' FOUND 2" ALCAP 4928-S FOUND BRASS CAP 1851-S 1979 U N S U B D I V I D E D LOT 1 BLOCK 1 KN74-82 NE1/16 S6 30' 246.97'38.76' S S P R U C E S T R / W V A R I E S S89°52'16"W 126.16' U N S U B D I V I D E D U N S U B D I V I D E D U N S U B D I V I D E D FORMER LOT LINE (TYP.) 127.41'367.65' TR A C T B KN 7 9 - 1 5 6 20' WIDE ELECTRICAL DISTRIBUTION LINE EASEMENT INCLUDING GUYS AND ANCHORS CENTERED ON EXISTING OVERHEAD ELECTRIC LINES PER KN2007-146 TO REMAIN 10' UTILITY EASEMENT PER KN2007-146 TO REMAIN 10' UTILITY EASEMENT PER KN2007-146 HEREBY VACATED 7.387 AC - SITUATED IN THE NE1/4 SECTION 6, TOWNSHIP 5 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, CITY OF KENAI, KENAI PENINSULA BOROUGH AND KENAI RECORDING DISTRICT, ALASKA. Plat # Time M Rec Dist Date 20 1 inch = GRAPHIC SCALE 0 50 50 ft. 10025 LEGEND FOUND 2" ALCAP 4928-S JAMES A. HALL 85032-S Scale: 1" = 50'Date :APR 2023 KPB File No.2023-xxx Drawn by :JAH Project No.232006 ENGINEERING - TESTING SURVEYING - MAPPING P.O. BOX 468 SOLDOTNA, AK. 99669 VOICE: (907) 283-4218 FAX: (907) 283-3265 WWW.MCLANECG.COM CITY PARK SUBDIVISION 2023 REPLAT BOYS AND GIRLS CLUB OF THE KENAI PENINSULA OWNER TRACT A KN2007-146 320 S SPRUCE ST, KENAI, AK 99611 A RESUBDIVISION OF TRACT A PARK VIEW SUBDIVISION KN79-156 AND TRACT A CITY PARK SUBDIVISION No.2 KN2007-146 AND THE ASSOCIATED R/W VACATION OF CHAR CIRCLE AND S SPRUCE STREET CERTIFICATE OF OWNERSHIP AND DEDICATION FOR: ACKNOWLEDGED BEFORE ME THIS _______ DAY OF __________________, 2023 MY COMMISSION EXPIRES :________________ _________________________ NOTARY PUBLIC FOR THE STATE OF ALASKA NOTARY'S ACKNOWLEDGEMENT 1. WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS SHALL BE PERMITTED ONLY IN CONFORMANCE WITH APPLICABLE REQUIREMENTS OF 18 AAC 72 AND 18 AAC 80. 2. NO PERMANENT STRUCTURE SHALL BE CONSTRUCTED OR PLACED WITHIN AN EASEMENT WHICH WOULD INTERFERE WITH THE ABILITY OF A UTILITY TO USE THE EASEMENT. 3. DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER 14 ZONING CODE REQUIREMENTS. 4. CITY WATER AND SEWER ARE AVAILABLE TO SERVE THE PARCELS. 5. FURTHER DEVELOPMENT OF THE PROPERTY SHALL CONFORM TO ALL FEDERAL, STATE OF ALASKA AND LOCAL REGULATIONS. JEFF DOLIFKA - BOARD PRESIDENT BOYS AND GIRLS CLUB OF THE KENAI PENINSULA, OWNER TRACT A KN2007-146 320 S SPRUCE ST, KENAI, AK 99611 NOTES I HEREBY CERTIFY THAT BOYS AND GIRLS CLUB OF THE KENAI PENINSULA IS THE OWNER OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND ON BEHALF OF BOYS AND GIRLS CLUB OF THE KENAI PENINSULA, I HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY MY FREE CONSENT DEDICATE ALL RIGHTS-OF-WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS TO THE USE SHOWN. WASTEWATER DISPOSAL PLANS FOR WASTEWATER DISPOSAL THAT MEET REGULATORY REQUIREMENTS ARE ON FILE AT THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. PLAT APPROVAL AUTHORIZED OFFICIAL THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION AT THE MEETING OF , 2023. FOUND 5/8" REBAR FOUND PRIMARY MONUMENT AS DESCRIBED Scale 1" = 1 Mile VICINITY MAP T6N THIS PLAT K E N A I S P U R H W Y KENAI R1 1 W KENAI RIVER 28 21 T5N 201924 30 2925 36 1 6 5 4 333231 R1 2 W C O O K I N L E T CONTOUR INTERVAL = 4' POWER POLE OVERHEAD ELECTRIC AREA SUBJECT TO INUNDATION SET 5/8"x30" REBAR w/ 1" STAINLESS STEEL CAP 85032-S BOOK:XX-XX JEFF DOLIFKA CERTIFICATE OF OWNERSHIP AND DEDICATION FOR: ACKNOWLEDGED BEFORE ME THIS _______ DAY OF __________________, 2023 MY COMMISSION EXPIRES :________________ _________________________ NOTARY PUBLIC FOR THE STATE OF ALASKA NOTARY'S ACKNOWLEDGEMENT TERRY EUBANK, CITY MANAGER CITY OF KENAI, OWNER TRACT A KN79-156 210 FIDALGO AVE, SUITE 200, KENAI, AK 99611 I HEREBY CERTIFY THAT THE CITY OF KENAI IS THE OWNER OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND ON BEHALF OF THE CITY OF KENAI, I HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY MY FREE CONSENT DEDICATE ALL RIGHTS-OF-WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS TO THE USE SHOWN. TERRY EUBANK R/W HEREBY VACATED CITY OF KENAI OWNER TRACT A KN79-156 210 FIDALGO AVE STE 200, KENAI, AK 99611 Page 10 I ------,~ I I I I I i I I I I I I I I I I I I E9 0 C • 'Th --~-----~ , ~ S S P R U C E S T CHAR CIR Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community ¯0 200 400100 Feet EXHIBIT A Resolution No. 2023-17 Right-of-Way Vacations of Char Circle and a Portion of S. Spruce Street Date Printed: 9/9/2023Map for Reference Only NOT A LEGAL DOCUMENT Subject Parcels Proposed ROW Vacations Parcels Page 11 I I I I I I I I I STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: September 9, 2023 SUBJECT: Resolution No. PZ2023-17 – Preliminary Plat – City Park Subdivision 2023 Replat Request The applicant is proposing a preliminary plat to merge two (2) parcels, right-of-way vacations, and execute a non-exclusive access and utility easement. Staff Recommendation Adopt Resolution No. PZ2023-17 recommending approval of Preliminary Plat – City Park Subdivision 2023 Replat for the parcel merger of Tract A, City Park Subdivision No. 2 and Tract A, Park View Subdivision with the right-of-way vacations of Char Circle and a portion of S. Spruce Street, subject to the listed conditions. Applicant: McLane Consulting, Inc. Attn: James Hall PO Box 468 Soldotna, AK 99669 Property Owners: Boys & Girls Club of the Kenai Peninsula Thor Evenson Legal Descriptions: Tract A, Park View Subdivision (Plat No. KN 79-156), Tract A, City Park Subdivision No. 2 (Plat No. KN 2007-149), and West Half of the East Half of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter (W1/2 E1/2 SE1/4 SW1/4 NE1/4) and East Half of the West Half of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter (E1/2 W1/2 SE1/4 SW1/4 NE1/4) of Section 6, Township 5 North, Range 11 West, Seward Meridian lying Northwesterly of S. Spruce Street. Property Addresses: 320, 330, and 420 S. Spruce Street KPB Parcel Nos.: 04701005, -18, -28 ROW Vacated Area: Approximately 0.95-acre Page 12 Ki;NAI D Resolution No. PZ2023-17 Preliminary Plat City Park Subdivision 2023 Replat Page 2 of 4 Zoning Districts: Suburban Residential (RS) and Urban Residential (RU) Surrounding Uses: North – Kenai Little League Fields; South – S. Spruce Street; West – Vacant; East – Transitional House & Vacant SUMMARY On July 26, 2023, your Commission passed Resolution PZ2023-13 recommending that Kenai Peninsula Borough Planning Commission approve the preliminary plat for City Park Subdivision 2023 Replat with vacation of Char Circle and exclude the portion of S. Spruce Street. Kenai Municipal Code (KMC) Section 22.050.110, Determination as to need for public purpose, states City Council will determine whether rights-of-way is needed for a public purpose by resolution. On August 2, 2023, City Council postponed the consideration of Resolution No. 2023-49 declaring the right-of-way vacations are no longer needed for a public purpose and consenting to vacation of the rights-of-way (ROW) to allow additional time for the affected parties/property owners to address access concerns. The representatives of Boys & Girls Club (“B&G Club”) met with the adjacent/affected property owners and have come to a consensus. The applicant has submitted a revised preliminary plat for a parcel merger of Tract A, City Park Subdivision No. 2 and Tract A, Park View Subdivision with right-of-way vacations of Char Circle and a portion of S. Spruce Street, and execute a 50-foot in width, non-exclusive access and utility easement to benefit the adjacent property to the south, 420 S. Spruce Street (“Evenson’s property”). Kenai Municipal Code (KMC) Chapter 14.10 Subdivision Regulations states preliminary plats or replats must first be submitted to the City for review and provide recommendation to the Kenai Peninsula Borough Planning Commission. Furthermore, KMC Section 22.05.110 states City Council will determined the reason of the land to include but not limited to rights -of way or easement is no longer needed for a public purpose by resolution. ANALYSIS The preliminary plat generally meets the preliminary plat requirements and development requirements for the Suburban Residential (RS) and Urban Residential (RU) zoning districts. The merged parcel will have access via S. Spruce Street, which is a City-maintained road. City water and sewer lines are available to the proposed parcel. The Public Works Director reviewed the revised preliminary plat and had no comments. The proposed 50-foot non-exclusive access and utility easement would provide access through Tract 2A (“B&G Club’s property) to Evenson’s property. However, it would leave a remnant portion of a public ROW between the 50-foot non-exclusive access easement and Evenson’s property (see Figure 1). If Evenson’s property is improved/developed, then this remnant portion of the public ROW would need to be improved. In order to get to Evenson’s property, it would start at the constructed S. Spruce Street, through a non-exclusive access easement on the B&G Club’s property to an offset portion of S. Spruce Street that does not connect to S. Spruce Street. Staff finds the best course of action is to include this remnant portion in the ROW vacation. To keep lot lines straight, the vacation of a portion of S. Spruce Street would lie 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 (see Exhibit A). Tract 2A will receive the vacation of S. Spruce Street on Government L ot 155. Evenson’s property will need to be included in the plat and identified as “Tract 2B” to receive the vacation of Page 13CJ Resolution No. PZ2023-17 Preliminary Plat City Park Subdivision 2023 Replat Page 3 of 4 S. Spruce Street on Government Lot 157. The Public Works Director provided an as-built of the sewer and water lines along S. Spruce Street that shows the proposed ROW vacations would not have a negative effect on existing/future sewer or water connection lines. The total area of the right-of-way (ROW) vacations is approximately 0.95 acre. Figure 1. Remnant Portion (in green) of ROW to Access Evenson's Property (For Reference Only) Staff finds that the preliminary plat generally meets the following KMC sections. 1. Pursuant to KMC 14.10.070 Subdivision design standards, the preliminary plat, subject to the listed conditions, conforms to the minimum street widths, provides utilities/access easements, provides satisfactory and desirable building sites, and the on-site water and sewer systems will be subject to the regulatory requirements of the Public Works Department. 2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot sizes in the subject zoning districts. 3. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. Page 14 -+-- 1 lr'C/TY I I I l I ' f:s 89"-52'E pw, 274 48 2 M2AC .,.. N 246 97 N 8 9 °. ss·w Cc, ~ ~ ~ ·• IC 3: = o' 0 i ~'i 6"' ,., ,,. n"I' I I I I I ~ n 0 ,n N ~, Resolution No. PZ2023-17 Preliminary Plat City Park Subdivision 2023 Replat Page 4 of 4 4. The execution of a 50-foot in width, non-exclusive access and utility easement between the affected parties provides adequate access for the future development/uses of the subject parcels. STAFF RECOMMENDATION Staff finds that the preliminary plat for City Park Subdivision 2023 Replat generally meets the standards of Kenai Municipal Code, Chapter 14.10 Subdivision Regulations and Chapter 14.24 Development Requirements Table, and hereby recommends that the Planning and Zoning Commission recommends approval of Resolution No. PZ2023-17 to Kenai Peninsula Borough, 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. ATTACHMENTS Exhibit A - Aerial Map Application with Certificate of Plat Preliminary Plat, City Park Subdivision 2023 Replat Park View Subdivision (Plat No. KN 79-156) City Park Subdivision No. 2 (Plat No. KN 2007-149) As-Built Sewer/Water Connection Lines Page 15CJ S S P R U C E S T CHAR CIR Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community ¯0 200 400100 Feet EXHIBIT A Resolution No. 2023-17 Right-of-Way Vacations of Char Circle and a Portion of S. Spruce Street Date Printed: 9/9/2023Map for Reference Only NOT A LEGAL DOCUMENT Subject Parcels Proposed ROW Vacations Parcels Page 16 I I I I I I I I I Page 17 City of Kenai 1/ Planning and Zooi"g Department Preliminary Plat 210 Fida Igo Avenue Kenai , AK 99611 ~ Submittal Form (907) 283-8200 plann ing@kenai.city www. kenai.crty/planning /,1.~_!.l■r••1,lllfl.~ ~ 1;l'1 Name: Mclane consulting Mailing Address: POBOX468 City: I Soldotna State: IAK I Zip Code: I 99669 Phone Number(s): 907-283-4218 Email: JHALL@MCLANECG.COM ~~!'l•J• ___:_ lf el'1• •'f::1:4 Name: Mailing Address: City: I Slate: I IZ ipCode: I Phone Number(s): Ema il: l,.=.l!{♦l•_.::::1!"1W~:l'·l!"~ ,•ir•~ll.h1 I Kenai Peninsula Borough Parcel#: 04701028 & 04701018 Current City Zoning: SUBURBAN RESIDENTIAL (KN2007-146) & URBAN RESIDENTIAL (KN79-156) Use: □ Residential □ Recreational D Commercial □ Other: Water: 0 On Site ■City D Community Sewer: □ On Site ii City D c~~munity ···-~~···~·····-· ..... , Preliminary Plat Name: CITY PARK SUBDIVISION 2023 REPLAT Revised Preliminary Plat Name: Vacation of Public Right-of-Way: Ii Yes □No Street Name (if vacating ROW): CHAR CIRCLE & PORTION OF S SPRUCE ST Exceptions Required and Requested: Comments: lt!a?!!!!".l3.!.'i:...U'•'·-~ .... 1::1,,&M II Certificate to Plat II (1) 24" x 36" Plat II (2) 11• x 17• Plats ~t~.~v~"~~ Sig nature: w~ ~~~ .. ~ ~-11, t 41~\J c~.,t tLP I Date: I L ,1.--Z..~ Print Name: rtu f>t..\t~ !Title/Business: ~cia....\-- Page 18 ~ ~ BOYS&GJRUi CLUBS • ~ OFTME 1(1.NAI PENINSULA Signatory Authority Resolution Date: 05/09/2023 The Boys & Girls Club of the Kenai Peninsula resolves to allow Board President, Jeff Dollfka, to have signatory authority for BGCKP Campus/Clubhouse. 05f0912023 On May git,, 2023 the Boys & Girls Club of the Kenai F'eninsula's Board of Directors approved a resolution to allow BGCKP President, Jeff Dolifka, to have signatory authority for BGCKP Campus/Clubhouse. Page 19 Stewart tiit(e of t/i.e 'K.lnai <Peninsu{a, Inc. 35681 Kenai Spur Hwy., Unit B Soldotna, AK 99669 Tel: (907) 260-8031 Fax: (907) 260-8036 Amendment No. 1: Change effective date and vesting on Parcel 1 Mclane Consulting, Inc. PO Box468 Soldotna, AK 99669 Attention: James Hall Gentlemen: CERTIFICATE TO PLAT This is a certificate as of April 27, 2023 at 1 O: 17 am for a plat out of the following property: PARCEL 1: File Number: 22825 Premium: $250.00 Tax: Tract "A", CllY PARK SUBDIVISION, NO. 2, according to Plat No. 2007-146, Kenai Recording District, Third Judicial District, State of Alaska . PARCEL 2: Tract "A", PARK VIEW SUDIVISION, according to Plat No. 79-156, Kenai Recording District, Third Judicial District, State of Alaska. EXCEPTING TI-IEREFROM the subsurface estate and all rights, privileges, immunities and appurtenances of whatsoever nature, accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December 18, 1971 [85 Stat. 688, 704; 43 U.S.C. 1601, 1613 (f) (1976)], as reserved by the United States of America in the Patent of record to said land. The Company certifies that record title is vested in Boys and Girls Club of the Kenai Peninsula, a non profit corporation as to Parcel 1 and City of Kenai as to Parcel 2 an estate in fee simple, free from all liens, encumbrances, and objections except for as follows: 1. RESERVATIONS and exceptions as contained in U.S. Patent, and/or acts authorizing the issuance thereof. 2. RESERVATIONS AND EXCEPTIONS as contained in State of Alaska Patent, and/or in acts authorizing the issuance thereof. Said patent, among other things, reserves all oil, gas and other minerals together with the privileges , mining and drilling rights and immunities. FURTHER , no other examination of the excepted title to min era Is has been made herein and no insurance nor responsibility therefore is imp lied or assumed. 3. RESERVATIONS AND EXCEPTIONS as contained in Mineral Patent from the United States of America to the State of Alaska Recorded: September 27, 1982 Volume/Page: 194n84 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 4 . TAXES AND ASSESSMENTS, if any due the taxing authority indicated Taxing Authority: City of Kenai 5. TAXES AND ASSESSMENTS, if any, due the taxing authority indicated: Certificate to Plat KB1 File No.: 22825 CHAR CIRCLE R/W VARIES HEREBY VACATED S S P R U C E S T R / W V A R I E S H E R E B Y V A C A T E D WC WC N89°54'36"W 165.16' 30' 30' N0 0 ° 1 1 ' 0 0 " W 11 5 . 6 7 ' TRACT 2A 7.387 AC VACATED ROW 1.036 AC N89°56'00"W N 2 0 ° 1 1 ' 4 6 " W N89°54'45"W 127.35' N0 0 ° 1 2 ' 0 0 " W S89°54'36"E S0 0 ° 1 0 ' 3 8 " E 11 5 . 7 4 ' S89°56'21"E 135.18' S0 0 ° 1 1 ' 0 0 " E S1 4 ° 5 6 ' 3 6 " W 285.73' 3 5 3 . 2 1 ' 33 0 . 1 0 ' 495.06' 18 9 . 4 0 ' 36 8 . 5 2 ' 10' UTILITY EASEMENT PER KN79-156 N0 0 ° 1 1 ' 0 0 " W "B A S I S O F B E A R I N G " KN 2 0 0 7 - 1 4 6 66 0 . 8 0 ' FOUND 2" ALCAP 4928-S FOUND BRASS CAP 1851-S 1979 U N S U B D I V I D E D LOT 1 BLOCK 1 KN74-82 NE1/16 S6 30' 246.97'38.76' S S P R U C E S T R / W V A R I E S S89°52'16"W 126.16' U N S U B D I V I D E D U N S U B D I V I D E D U N S U B D I V I D E D FORMER LOT LINE (TYP.) 127.41'367.65' TR A C T B KN 7 9 - 1 5 6 20' WIDE ELECTRICAL DISTRIBUTION LINE EASEMENT INCLUDING GUYS AND ANCHORS CENTERED ON EXISTING OVERHEAD ELECTRIC LINES PER KN2007-146 TO REMAIN 10' UTILITY EASEMENT PER KN2007-146 TO REMAIN 10' UTILITY EASEMENT PER KN2007-146 HEREBY VACATED 7.387 AC - SITUATED IN THE NE1/4 SECTION 6, TOWNSHIP 5 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, CITY OF KENAI, KENAI PENINSULA BOROUGH AND KENAI RECORDING DISTRICT, ALASKA. Plat # Time M Rec Dist Date 20 1 inch = GRAPHIC SCALE 0 50 50 ft. 10025 LEGEND FOUND 2" ALCAP 4928-S JAMES A. HALL 85032-S Scale: 1" = 50'Date :APR 2023 KPB File No.2023-xxx Drawn by :JAH Project No.232006 ENGINEERING - TESTING SURVEYING - MAPPING P.O. BOX 468 SOLDOTNA, AK. 99669 VOICE: (907) 283-4218 FAX: (907) 283-3265 WWW.MCLANECG.COM CITY PARK SUBDIVISION 2023 REPLAT BOYS AND GIRLS CLUB OF THE KENAI PENINSULA OWNER TRACT A KN2007-146 320 S SPRUCE ST, KENAI, AK 99611 A RESUBDIVISION OF TRACT A PARK VIEW SUBDIVISION KN79-156 AND TRACT A CITY PARK SUBDIVISION No.2 KN2007-146 AND THE ASSOCIATED R/W VACATION OF CHAR CIRCLE AND S SPRUCE STREET CERTIFICATE OF OWNERSHIP AND DEDICATION FOR: ACKNOWLEDGED BEFORE ME THIS _______ DAY OF __________________, 2023 MY COMMISSION EXPIRES :________________ _________________________ NOTARY PUBLIC FOR THE STATE OF ALASKA NOTARY'S ACKNOWLEDGEMENT 1. WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS SHALL BE PERMITTED ONLY IN CONFORMANCE WITH APPLICABLE REQUIREMENTS OF 18 AAC 72 AND 18 AAC 80. 2. NO PERMANENT STRUCTURE SHALL BE CONSTRUCTED OR PLACED WITHIN AN EASEMENT WHICH WOULD INTERFERE WITH THE ABILITY OF A UTILITY TO USE THE EASEMENT. 3. DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER 14 ZONING CODE REQUIREMENTS. 4. CITY WATER AND SEWER ARE AVAILABLE TO SERVE THE PARCELS. 5. FURTHER DEVELOPMENT OF THE PROPERTY SHALL CONFORM TO ALL FEDERAL, STATE OF ALASKA AND LOCAL REGULATIONS. JEFF DOLIFKA - BOARD PRESIDENT BOYS AND GIRLS CLUB OF THE KENAI PENINSULA, OWNER TRACT A KN2007-146 320 S SPRUCE ST, KENAI, AK 99611 NOTES I HEREBY CERTIFY THAT BOYS AND GIRLS CLUB OF THE KENAI PENINSULA IS THE OWNER OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND ON BEHALF OF BOYS AND GIRLS CLUB OF THE KENAI PENINSULA, I HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY MY FREE CONSENT DEDICATE ALL RIGHTS-OF-WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS TO THE USE SHOWN. WASTEWATER DISPOSAL PLANS FOR WASTEWATER DISPOSAL THAT MEET REGULATORY REQUIREMENTS ARE ON FILE AT THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. PLAT APPROVAL AUTHORIZED OFFICIAL THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION AT THE MEETING OF , 2023. FOUND 5/8" REBAR FOUND PRIMARY MONUMENT AS DESCRIBED Scale 1" = 1 Mile VICINITY MAP T6N THIS PLAT K E N A I S P U R H W Y KENAI R1 1 W KENAI RIVER 28 21 T5N 201924 30 2925 36 1 6 5 4 333231 R1 2 W C O O K I N L E T CONTOUR INTERVAL = 4' POWER POLE OVERHEAD ELECTRIC AREA SUBJECT TO INUNDATION SET 5/8"x30" REBAR w/ 1" STAINLESS STEEL CAP 85032-S BOOK:XX-XX JEFF DOLIFKA CERTIFICATE OF OWNERSHIP AND DEDICATION FOR: ACKNOWLEDGED BEFORE ME THIS _______ DAY OF __________________, 2023 MY COMMISSION EXPIRES :________________ _________________________ NOTARY PUBLIC FOR THE STATE OF ALASKA NOTARY'S ACKNOWLEDGEMENT TERRY EUBANK, CITY MANAGER CITY OF KENAI, OWNER TRACT A KN79-156 210 FIDALGO AVE, SUITE 200, KENAI, AK 99611 I HEREBY CERTIFY THAT THE CITY OF KENAI IS THE OWNER OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND ON BEHALF OF THE CITY OF KENAI, I HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY MY FREE CONSENT DEDICATE ALL RIGHTS-OF-WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS TO THE USE SHOWN. TERRY EUBANK R/W HEREBY VACATED CITY OF KENAI OWNER TRACT A KN79-156 210 FIDALGO AVE STE 200, KENAI, AK 99611 Page 20 I ~✓-- \ I I I I I I \ \ I I '~ \ I I I I I ___.,L__I~-. '---...._ I I I I ' .J ' / ,._,, ' I 1 \ I I I I ,---..... ' I J / '-I '\.""\ L..L. ,,:...L /_L/ ..L/ ..L../ L/ LL I /' I \ I I / I I I 1 I I I I ,,. ,, n / I I I I \ I I I \ I I I I f \ I 1 I I I I I I I I I I I I 1 I \ I I I I \ I I I I I I I I i i 7 I C I ( I ! 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I I I I ,..._ t ,,,.,,. ,,,, ,,,.,..,. ----· 1 // I , \ //;,,_ I I 1 _,,. 1 I 1 -I I I \ \ '----I I I ,. -I I I \ I /I,/ 1111 I I -'/111,,, /l/1 I .., 1/11 / I I I \ ,,-I I I I /I// I,,/ //11 1 / ,,,, '✓-"I 1111/1 1 I I I '--1 / I I I 1 111, 1111,1 I I I I _,, / I I I I 1" I I I 1! ,,.-I / / / / I 1 / I I ,, / I I I / I ,, /I// 1, 'I //1 ti I / I I I I ',, I ,, ,, ,, I I / / / 1,, / I / I I , / ¥/ / / / / / "' / I ....._ _, I I I ,. / /;I -I ll//l1 I / / ,, I I / I I I I I ,, 1 I I I )½-:.::..::.:..::..::..::..::.:.::..::.:7 ,_;-;_':,:-~.,~'--------------,C~"--::::::~I~-i,::__(--r-7-------------7 -/ /1/ / / / ' , ,,,,, ',,,,, / / \ \ I / I / / / / / / / 1 1 I /II/ I I l/1111 1 I tl/1/ //11/1/I / / I / / /.,.. ...._°' \ I c...ul.tin,lnc: Page 21 1 I ci 0 ...., u ::::, Ir VJ I THIS PROP VTCIIII ITY MAP POR S 6, T. 5 N., R .1 I W. 1"0 800· I I I l LEGEND : • 5/8" REBAR SET / I ' \ 24697 N .99°-s6·w. ; 1.' fl ,' Ii I .. _. 1, "' '-, _"t -~ 0 -' N ~ 1(1 i '!' z I I I ------' 30 30 ,:,',tf;;/-/.')/_ / (,,-.. (,\lf f//1' (.., ... /-/ ,:,or-,o I I 1 ._ /, Id 1/2::__ ___ _ rebor r-- 0 30 6 r<") r<") r-: en ~r Cl) ~ VJ lO N 165 22 y I I 0 tu I- «:( u a tu 0 «:( tu ~ <r Cl) :r I- ~ Cl) 0 (£1 If) v-' ,,..,o ,,.., "; Cl) en I I I I L_ !-- I I~ 1333 AC. en 30 ' ~ 0 0 ' o' 0 ;i "' st r--Cl) o"' ..., <1> r<") st s,., N 89 °.49 E 69·12 301_ - ~ ,',""'1;-,,, I r.., I I / se, bl'!l!!S cop / mcn,menl in mon . bOx 1851 -S, 1979 <1> st N 1(1 I I I found USS 192 R.G . M "-Car . 9 USS 2970A "-c.c Sec . 6 USGLO, 1950 tfound CE 1/16 C.C. U.S.S. 2970 U.S.GLO., 1950 D'f 7v I I r1 I I\ , PARK VIEW SUBDIVISION I I ......_ COVENANT NOTICE LOCArED WrrHIN S.L.M. LOT'S 128, 8 /52-157, (ALL WlrHIN THE NEV4} SEC.6, T.5 N.,R.IIW.,S.M., ClrYOFKENAI, AK. I I I 4·652 AC. TOTAL ARE A CERTIFICATE or OWNERSHIP 8 DEDICATION 1 HEREBY CERTIFY THAT THE CITY ~ KENAI rs THE OWNER OF THE PROPERTYSH0\1/N AND DESCR I BED HEREON , AND THAT THIS SUBDIVISION 15 MADE WITH THE CCNSENT or THE CITY . I FURTHER CERTIFY THAT THE CITY OF KENAI DOES HEREBY DEDICATE iD PUBLIC USE , AND THE USE OF PUBLIC UTILITIES, THE STREETS, AND EASEMENTS, AS SHOWN . ~5 ~~=-:::===- CITY MANAGER SWORN AND SUBSCRIBED iD B~ME ,ft,NOTARY PUBLIC, 1'H1S ~hDAY OF . /fU U , 19~. MY COMMISSION EXPIRES PLAT APPROVAL THIS PLAT, HAVING BEEN APPR D BY THE KENAI l'ENINSl.JLA BOROUGH PLANNING COMMISSION A RECORDED IN Tl-!E.,OF/Fl.C~' MINUTES OF THE MEETING OF--,,f:1,"1.Ll.'t.d..L__ __ /£ -~£:+ IS HEREBY ACKNONLEDGED AND CEPTED AS THE OFFICIAL PLAT, SUBJECT TO ANY AND ALL COND IONS AND REQUIREMENTS OF ORD I NANCES AND LAW APPERTAINING THERETO. KEN~!:: ~UL BOROUGH BY•~ ~Lta. -~ , NOTE , ALL WASTEWA1ER DISPOSAL SYSTEMS SHALL COMPLY WITH EXISTING LAW AT TIME OF CONSTRI..CTION. ALL OF °™E LOTS tN THIS SUBDIVISION SHALL BE SUBJECT TO ASSESSMENTS FOR IMPROVEMENTS REQUIRED BY ORDINANCE OF THE CITY OF KENA!, WHEN INSTALLED BY THE CITY OF KENAI. DATE , 5 -21-79 PARK VIEW SUSDMSION CITY OF KENAI, BOX 580, KENAI, ALA SK A 99611 MALONE SURVEY I NG BOX 566 KENAI, ALA"iKA 99611 CKO • HM Page 22 0 I SCALE 1 / 4 -w,-:S:c.::3:..!...1 _ I S6 Found 1" Pipe \ inside 1 mon. box ~ 0000 -st= -st= NN T") r') ..-..-........ L-124 100 200 S 89"54'36" -E I FEET I N O'l 10 N 00 ..- """'-'"' oo O -NN 0 0 c:ic:i .,... r') (0 co ., coco ..-...... ...__, o o 0 0 3zl ~r ~ I- ~ roh S: Oly Ji,: ~d 2'"Atam, > ::§:: _ y ~~~n = = (0 .,..-~ ~ oo. " " OJ CL T") r') lO ...---~ or--+ o o CL oo zz .._., L '· L-134 L-136 L-149 L-150 WASTEWATER DISPOSAL S 89"53'02" E Plans for wastewater disposal that meet regulatory requirements are on file at the Department of Environmental Conservation. CERTIFICATE OF OWNERSHIP AND DEDICATION We hereby certify that we are the owners of the real property shown and described hereon and we hereby adopt this plan of subdivision and by our free consent dedicate all rights-of-way and public areas to public use and grant all easements to the. use shown. __ ---.. ~/~ ~ ~ ~ __ J/ . -~ (-~, Eric Derleth, President KPCCC Group, Inc., An A/an Non-Profit ~/~ ~ukhings, TL Corporation KPCCC Group, Inc., An Alaskan Non-Profit Corporation S 89"57'01" E (S 89"58~ J / L \ 111 / I L-110 1321.22' ~-92-') __ S31 S6 + L-126 ..- 0 Z 0 ........ E 1/16 ~ Found 2° Brass 30 Cap 29 28 KENAI CITY LIMITS CL + REDOUBT CL A . ui 0 ::§:: I- ,-gi 31 32 33 ..-"' Cl:: ~ (S 89"57 E 660.22' + \ / 127.41' "O WC L-125 1320.40') S 89"54'36" E 367.65' 660.22' ,.,._, ::§:: ::§:: ~: 0 00 -01"") rf Set 2" Alum. Cap ~ ;i- r--- 165.16' L-1 B-1 . . . . . . . . . . . . . . . . . . . .-.-.-.. · _. 0 . _._._. ·.·. --✓ .. T5N 5 3 t:: & ~ i---NE 1/ 10 0 + ,-...... co 0 Lfi \ ) L:..133 ( 0 ..- ci r') t') w b 0 N ..- 0 0 FmrL-132 FmrL-131 TRACTf 4.258 Ap. 0 ...... ..- 0 ~a z 0 ..,.._, z FmrL-130 1~ o\~ ;: ci 165.18' t0 N 89"56'21" W [2, .. .;..;...,;;.13_5,;;..1..,8~' .;.... ........ {N 89"54" wJ I {135.07'} ,- ,- FmrL-129 0 N -q- -tj--st= 0) ..-co N "\_ (/) I ~\z IJ..J Q) ~r I 244.32' 127.35' WC + ·-..-I 342.38' CHAR CIR. 25' R/W 317.74' __/s89"54' 45" E 660.13' I L-151 J_ 660.03' 1320.06' (S 89"56' E 0 -tj- 0 t') t') w 0 0 N ..- 0 0 ( L-152 ~ \ \ _L __L 660.03' 1320.20') KN 79-156 CURVE TABLE CURVE LENGTH RADIUS C1 52.36 50.00 NOT ARV'S ACKNOWLEDGEMENT Subscribed and sworn before me this N UBLJC My Co .: 10/15/2011 NOTARY'S ACKNOWLEDGEMENT FOR: 0 ;,;.d,, 1/4 lctuo/ r Subscribed and sworn before me this 2/ ~ay of -;/lffrJ,µte~2001. My commission expires //@""? /.:?.D// \ /4 I / ~~e state of Alaska DELTA 60"00'00" ( TANGENT CHORD CHORD BEARING 28.87 50.00 S60"05'15"W LEGEND BLM monument as described Found 1/2" diam. rebar .--, Set 5/8" x 30" diam. rebar w/ 2" diam. alum. cap 4928-S Primary survey monument as described r<) 0) r---r--- 00 co co co co L-1 ) Record data BLM [ ] KN 79-156 { l KN 74-82 BLM Data per T5N R11 W SM AK Dependent Resurvey and Subdivision of Sec. 6 PLAT APPROVAL This plat was approved by the KENAI PENINSULA BOROUGH PLANNING COMMISSION at the meeting of August 13, ____________ 2007. KENAI PENINSULA BOROUGH by ~f~ Fnd Standard Brass Cap attachJd to Regulation Post C+ C S6 D ....... "> .. ...... <.... ... .................. NOTES 10 VICINITY MAP Scale 1'' = 1 Mile 1) Water supply and sewage disposal systems shall be permitted only in conformance with applicable requirements of 18 MC 72 and 18 MC 80. L 2) No direct access to state maintained ROWS permitted unless approved by State of Alaska Department of Transportation and Public Facilities. z 3) No permanent structure shall be constructed or placed.within an easement which would interfere with the ability of a utility to use the easement. 4) The front ten (10) feet along street rights of ways and the front twenty (20) feet within five (5) of the side lot lines is also a utility easement unless shown otherwise . 5) Development is subject to the City of Kenai Title 14 Zoning Code. 6) The existing overhead electric line is the centerline of a twenty (20) foot wide electrical distribution line easement including guys and anchors. 7) Survey monumentation to be completed prior to June 1, 2008. Address -------1 CITY PARK SUBDIVISION Na. 2 A REPLAT OF THE REMAINDER OF LOT 129, AND LOTS 130, 131, AND 132 KPCCC Inc. 320 S. Spruce St. Kenai AK 99611 LOCATION 4.564 acres M/L situated in the Lots 129, 130, 131, and 132, Section 6, T5N, R11W, S,M,, AK., the City of Kenai, Kenai Peninsula Borough and the Kenai Recording District. Comultfn,lnc: SCALE l 1 1 = ENGINEERING -TESTING SURVEYING -MAPPING P.O. BOX468 SOLDOTNA, AK. 99669 VOICE: (907) 283-4218 FAX: (907) 283-3265 WWW.MCLANECG.COM 1 □□' DATE:· □CT D7 KPB FILE No. 2007-207 PROJECT No. 072029 B □□K Na. : □7-□9 DRAWN BY : SAM Page 23 -z P·IA I 12 P-10 I 12 P-2 I 18 P-~ I ,a P-• I 18 4000 .._:: __ -i---- 15 00 21 00 372 47 45 00 21 00 CB-IA CO-IO MH-1 Ml-t-2: lr..LET CS -IS l,IH I M>H 1 67 a 66 a2 2 75% ,s oo 1 67 20 , 66 a2 MH-1 I G7 23 66 65 2 7S't. 21 00 I 67 20 66 64 MH-2 I 66 40 45 16 510¾ 372 47 I 66 39 45 15 CUTt.rT I 44 96 MH-2 I 45 27 ◄• 51 4506 ;) I 00% 100¾ ◄500 I 4494 44 52 2100 I •~26 1 45 09 L~1---------- -~ ---~ --r----i>---+---1----1---1----1 --1 _-JI-----L-j_ 2.H00 22+00 24+00 •,;,GRADE: j()()",;, 100% I 3 I "' :, NOTE ~EWER & WATE~ UN ES 8HO""' ""E rOR ~tt-t.f,t'E:riC E ONLY, f'fELD VC.Hll'-Y I I / 26+00 lL. ... lI'tle,fMICl<xl~o~•,10 J •~er,h1lttJ h lltrr..ng u L!li'L.:,, <:lftlll!li• t'tlr-r.hhl l oo.u,..,-,, ll;:J..'t.7 1)1"1.n.l tl OTid1l1tt1J.n ~;;~~;~~ ... ii~6• :F:'Mtu•'lfa1tia1"tt\ tir,.n Ce 3~ic.,, .. ,~~ic.,1,~...,, l.t,)~:'W".11, J.lf 9,;,~'9 N-9'n~ ~ 11oa,.-l1HtT1riJ 'lti1 3D E"n•J.85"1r ~~:;;,&lC 'Jl Gl■cilr!'.5\at•l, ~110:-h I.?~ &i\.:h,t.1m1 Jilf il' ~:.--1,21 Ill1dl1•11ft 31,lf.1~7'1•••1~ =i'•::,;i::V..t .ll'C ~I I /\LL CLE/\NOUTS. SHA.L.L. 8E I Of,ATF,:O, E}ffErJDED ANO C~Pl-'f.:f) AT F"l l'\!IStH:Jl GRAD£ '2 ~Ar~HULl.::S C(·2 AND C(•I WILL B E. HAISE:Ll .AS F'ffi MAN~IOLE S MMAR V, SHEET"J 3 Al-L.. DR fVEWAYS SHALL HAVE F',Wi.D l\PPAMCHES TO AO 'N 4 ,:::LJRA INLET FRAME , GRAiE ANL> l:UR8 eox SHOUL.D a~ A t,JEEN'AH R-3~8 7-IU \' OH EQU J'olALENT ~ BH - I SH,A LL BE ;Ji filEe:NAN R 2561 OR cOUIVA l ENT FIEE HIVE GR"TE MOUNTED ON 3UNflAR D CATCH BASII\I 6 AW f)CI S T ll\1'1 STRF.E T SIGNS 11,NLJ t'CST3 SHALL E.IE fi .EMO'w'F D ~~DKf~~:~ ~Jti;o THE CITY 7 tJi L..L 8 A CKSW fl ES WILL Hti.Ve: t1" OF TOF S 01 L AND SEEOI NG • 100 00 GO "ll 20 0 J,t : \ t=-•••• .., .. GRAPHIC SCALE -+ -+-+--+--+--Ii==-----· •-->---+---+---+--' ~ 3o+00 3?t00 Kenai City Council - Regular Meeting Page 1 of 3 September 06, 2023 Kenai City Council - Regular Meeting September 06, 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 UNANIMOUSLY. Ordinance No. 3368-2023 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and Airport Operations Facility Capital Funds to Provide Supplemental Funding for the Kenai Municipal Airport Operations Facility Boiler and HVAC Controls Replacement Project. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3369-2023 - Increasing Estimated Revenues and Appropriations in the Airport Fund to Procure Consumables for Aircraft Rescue and Fire Training Operations at the Alaska Fire Training Facility. (Administration) [KMC 1.15.070(d)] 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Enactment (Requires Five Affirmative Votes) 3. ADOPTED UNANIMOUSLY. Resolution No. 2023-53 - Authorizing a Budget Transfer in the Vintage Point Congregate Housing Improvement Capital Fund, and Authorizing a Construction Agreement and Corresponding Purchase Order for the Vintage Point Boiler and Controls Replacement Project. (Administration) 4. ADOPTED UNANIMOUSLY. Resolution No. 2023-54 - Authorizing a Professional Services Agreement and Corresponding Purchase Order for the Lilac Lane Roadway Improvements Project. (Administration) Page 24 ~ K(;NAI D Kenai City Council - Regular Meeting Page 2 of 3 September 06, 2023 5. ADOPTED UNANIMOUSLY. Resolution No. 2023-55 - Denying the Requested Exceptions to Kenai Municipal Code Section 14.10.070, Subdivision Design Standards and Granting Exceptions to Kenai Municipal Code Section 14.10.080, Minimum Improvements Required for Strawberry Hill Estates 2023 Addition Preliminary Plat. (Administration) F. MINUTES 1. *Special Meeting of August 11, 2023. (City Clerk) 2. *Regular Meeting of August 16, 2023. (City Clerk) G. UNFINISHED BUSINESS 1. REFERRED TO PLANNING & ZONING COMMISSION AND POSTPONED TO 9/20/2023. Resolution No. 2023-49 - Declaring the Rights-of-Way of Char Circle as Dedicated on Park View Subdivision (Plat No. KN 79-156) and City Park Subdivision No. 2 (Plat No. KN 2007-149) and a Portion of S. Spruce Street as Dedication on Park View Subdivision (Plat No. 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.] H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Non-Objection to the Renewal of a Beverage Dispensary Liquor License for Kenai Joe’s Taphouse, LLC, DBA Kenai Joe’s Taphouse, LLC – License No. 626. (City Clerk) 3. *Action/Approval - Non-Objection to the Transfer of Ownership of a Restaurant Eating Place Liquor License and Restaurant Designation Permit for Jersey Subs AK LLC., DBA: Jersey Subs AK - License No. 5900. (City Clerk) 4. *Action/Approval - Non-Objection to the Renewal of a Marijuana Product Manufacturing Facility License for Herban Extracts, LLC., DBA Herban Extracts LLC - License No. 14432. (City Clerk) 5. *Action/Approval - Special Use Permit for Corvus Airlines, Inc. DBA Ravn Alaska, LLC for Use of 1,200 Square Feet of Warm Storage of a De-Ice Vehicle. (Administration) 6. *Action/Approval - Consent to Assignment and Assignment and Assumption of Lease Agreement, of Lot 3, Block 1, General Aviation Apron No. 1 Amended to Vickie L. Tyler. (Administration) 7. *Ordinance No. 3370-2023 - Accepting and Appropriating Fiscal Year 2023 Funds from the Sign Research Foundation for the Sign Research Foundation Scholarship Program. (Administration) 8. Discussion - Marijuana Walk/Drive Up Regulations. (Legal) I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission Page 25CJ Kenai City Council - Regular Meeting Page 3 of 3 September 06, 2023 6. Beautification Committee J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting OR https://us02web.zoom.us/j/82088608349 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 820 8860 8349 Passcode: 358169 Meeting ID: 820 8860 8349 Passcode: 358169 Page 26CJ August 28, 2023 Page 1 of 3 August 28, 2023– 7:00 PM Regular Meeting Betty J. Glick Assembly Chambers George A. Navarre Kenai Peninsula Borough Administration Building Jeremy Brantley, Chair Ridgeway / Sterling Funny River District Term Expires 2024 Virginia Morgan Cooper Land / Hope Eastern Peninsula District Term Expires 2025 Diane Fikes City of Kenai Term Expires 2025 Charlene Tautfest City of Soldotna Term Expires 2024 Franco Venuti City of Homer Term Expires 2025 Vacant City of Seward Term Expires 2026 Pamela Gillham Kalifornsky / Kasilof District Term Expires 2026 Jeffrey Epperheimer Nikiski District Term Expires 2026 Dawson Slaughter South Peninsula District Term Expires 2025 ZOOM MEETING DETAILS Zoom Meeting Link: https://us06web.zoom.us/j/9077142200 Zoom Toll Free Phone Numbers: 888-788-0099 or 877-853-5247 Zoom Meeting ID: 907 714 2200 To join the meeting from a computer, visit the Zoom meeting link above. If you connect by computer and do not have speakers or a microphone, connect online and then select phone for audio. A box will come up with toll free numbers, the meeting ID, and your participant number. To attend the Zoom meeting by telephone, use the Zoom toll free phone numbers listed above. Hearing procedure for Planning Commission public hearings are as follows: 1) Staff will present a report on the item. 2) The Chair will ask for the petitioner’s presentation, given by Petitioner(s) / Applicant (s) or their representative – 10 minutes 3) Public testimony on the issue – 5 minutes per person 4) After testimony is completed, the Planning Commission may follow with questions. A person may only testify once on an issue unless questioned by the Planning Commission. 5) Staff may respond to any testimony given and the Commission may ask staff questions. 6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence. 7) The Chair closes the hearing and no further public comment will be heard. 8) The Chair entertains a motion and the Commission deliberates and makes a decision. All those wishing to testify must wait for recognition by the Chair. Each person must begin by stating his or her name and mailing address for the record at the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities. Decorum must be maintained at all times and all testifiers shall be treated with respect. If participating via Zoom the testifier will need to use the Zoom “raise hand” feature or press *9 by phone to speak. A. CALL TO ORDER B. ROLL CALL Election of Officers • Chair • Vice Chair Plat Committee Agenda ACTION Page 27 _____________________________________________________________________________________________ August 28, 2023 Page 2 of 3 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 14, 2023 Plat Committee *4. Grouped Plats 3. W.R. Bell Subdivision 2023 Addition; KPB File 2023-087 Motion to approve the consent & regular agendas passed by unanimous vote (4-Yes). D. UNFINISHED BUSINESS - None E. NEW BUSINESS 1. Bidarki Creek No. 5; KPB File 2022-160R1 Orion Surveys / Lamb & Reilly Location: Just Past MP 171 Sterling Highway City of Homer Motion to grant preliminary approval passed by unanimous vote (3-Yes, 1-Recused). 2. Pacific Park Subdivision Blauvelt Addition; KPB File 2023-088 Fineline Surveys Inc. / Blauvelt Location: Whiskey Gulch Street Anchor Point Area / Anchor Point APC Motion to grant preliminary approval passed by unanimous vote (4-Yes). Motion to grant the exception request to KPB 20.30.190(B) – Lot Dimensions, passed by unanimous vote (4-Yes). 3. W.R. Bell Subdivision 2023 Addition; KPB File 2023-087 Ability Surveys / Busby Enterprises Location: Alpine Way City of Homer Motion to grant preliminary approval passed by unanimous vote (4-Yes). F. OTHER (No Public Hearing) G. ADJOURNMENT Page 28 _____________________________________________________________________________________ ________ August 28, 2023 Page 3 of 3 MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Plat Committee meeting will be held Monday, September 11, 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 29CJ August 28, 2023 Page 1 of 3 August 28, 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 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. Hearing procedure for Planning Commission public hearings are as follows: 1) Staff will present a report on the item. 2) The Chair will ask for the petitioner’s presentation, given by Petitioner(s) / Applicant (s) or their representative – 10 minutes 3) Public testimony on the issue – 5 minutes per person 4) After testimony is completed, the Planning Commission may follow with questions. A person may only testify once on an issue unless questioned by the Planning Commission. 5) Staff may respond to any testimony given and the Commission may ask staff questions. 6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence. 7) The Chair closes the hearing and no further public comment will be heard. 8) The Chair entertains a motion and the Commission deliberates and makes a decision. All those wishing to testify must wait for recognition by the Chair. Each person must begin by stating his or her name and mailing address for the record at the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities. Decorum must be maintained at all times and all testifiers shall be treated with respect. If participating via Zoom the testifier will need to use the Zoom “raise hand” feature or press *9 by phone to speak. A. CALL TO ORDER B. ROLL CALL Planning Commission Agenda ACTION Page 30 August 28, 2023 Page 2 of 3 C. APPROVAL OF AGENDA AND CONSENT AGENDA (Action items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. Public testimony will be taken. There will be no separate discussion of these items unless a commissioner so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) *1. Time Extension Request – None *2. Planning Commission Resolutions – None *3. Plats Granted Administrative Approval a. Clan Maxwell Estates Woodland Hollow Addition 2; KPB File 2022-017 b. Fort Raymond Subdivision No. 1 Hemlock Addition; KPB File 2022-177 *4. Plats Granted Final Approval – None *5. Plat Amendment Request – None *6. Commissioner Excused Absences a. Diane Fikes, City of Kenai b. City of Seward, Vacant *7. Minutes a. August 14, 2023 PC Meeting Minutes Motion to approve the consent & regular agendas passed by unanimous vote (7- Yes, 1-Absent) D. UNFINISHED BUSINESS - None E. NEW BUSINESS Public Hearing: Quasi-Judicial Matters (Commission members may not receive or engage in ex-parte contact with the applicant, other parties interested in the application, or members of the public concerning the application or issues presented in the application) Public Hearing: Legislative Matters 1. Street Naming Resolution 2023-04 Request: Naming a private road in T05N R12W SEC 14 / ESN 202 Petitioner: Randolph Tavenner Fitz Creek Area Motion to adopt Street Naming Resolution 2023-04 naming a certain private road within Emergency Service Number 202 to Shadow Drive passed by unanimous vote (7-Yes, 1-Absent). 2. Ordinance 2023-19-13: Appropriating $24,975.00 from the Eagle Lake Reclamation account for reclamation work at the Eagle Lake Material Site. Motion to forward to the Assembly a recommendation to adopt Ordinance 2023-19-13 passed by unanimous vote (7-Yes, 1-Absent) Page 31 August 28, 2023 Page 3 of 3 F. PLAT COMMITTEE REPORT - Plat Committee reviewed and approved 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 11, 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 32 From:Jeffrey Dolifka To:Linda Mitchell Subject:Re: Phone Call Date:Wednesday, September 13, 2023 5:19:46 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello Linda, The Boys and Girls Club of the Kenai Peninsula is supportive of Resolution PZ2023-17. We met with the Evensons and are supportive of their proposal to provide access to their adjacent property. We will do whatever is necessary to facilitate it. If you have any questions, I will be available at 907-202-3659. PLANNING & ZONING COMMISSION Resolution PZ2023-17 –Preliminary Plat –City Park Subdivision 2023 Replat 320 and 330 S. Spruce Street September 13, 2023 Preliminary Plat –Parcel Merger and Right-of -Way Vacations Summary Current Use Boys & Girls Club Office Zoning Districts Suburban Residential (RS) Urban Residential (RU) ROW Vacations Char Circle and portion of S. Spruce Street Combined ROW Vacations 0.95 acres Surrounding Uses North Little League Fields South S. Spruce Street West Vacant East Transitional Housing and Vacant Land 0.90 ac 0.06 ac Staff Recommendation The proposed preliminary plat generally meets the standards of KMC Chapter 14.10 Subdivision Regulations and Chapter 14.24 Development Requirements Table. Adopt the Resolution PZ2023-17 recommending approval of the preliminary plat “City Park Subdivision 2023 Replat” for a parcel merger and right-of -way vacations to Kenai Peninsula Borough, subject to the listed conditions of approval. Conditions of Approval 1. The portion of S. Spruce Street to be vacated lies west of the 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 redlined on the Exhibit A. 7. Execute a 50-foot in width, non-exclusive access and utility easement from Tract 2B to S. Spruce Street. PLANNING & ZONING COMMISSION Resolution PZ2023-17 –Preliminary Plat –City Park Subdivision 2023 Replat 320 and 330 S. Spruce Street September 13, 2023 CERTIFICATE OF PUBLICATION & POSTING I, Linda Mitchell, Planning Director of the City of Kenai, do hereby certify that on the 6th 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 9th, 2023 edition of their newspaper. On the 9th 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